1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

Item Number:
Meeting Date:

10e_reso
November 29, 2022

PORT OF SEATTLE
RESOLUTION NO. 3809
A RESOLUTION of the Port of Seattle Commission amending resolution
No. 3464 authorizing extension of the Passenger Facility
Charge Program at Seattle-Tacoma International Airport,
effective January 1, 2023.
WHEREAS, the voters of King County authorized and approved the formation of a port
district coterminous with King County to be known as the Port of Seattle in a special election on
September 5, 1911; and
WHEREAS, the Port of Seattle Commission (Commission) is the legally constituted
governing body of the Port of Seattle; and
WHEREAS, the Port of Seattle (Port) owns and operates Seattle-Tacoma International
Airport (SEA) located in King County, Washington, and
WHEREAS, pursuant to Section 40117 of Title 49 of the United States Code (as
amended, the “Act”), certain airports, including SEA, are authorized to impose and use a
passenger facility charge (PFC) on eligible enplaned passengers at the airport with approval of
the Federal Aviation Administration (FAA); and
WHEREAS, the Commission has authorized the submission to the FAA of applications
to impose and use PFCs for eligible passengers enplaning at SEA and the FAA has granted the
Port authorization to impose and use PFCs at SEA; and
WHEREAS, Congress has prohibited collection of PFCs from frequent flyer award
passengers pursuant to the Federal Aviation Administration Reauthorization Act of 1994,
Pub. L. 103-260; and
WHEREAS, on April 5, 2000, President Clinton signed into law the “Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century” which allows a public agency to apply
to the FAA to increase the PFC level that it may charge to $4.00 or $4.50; and
WHEREAS, SEA is a commercial service airport as that phrase is defined in Title 14 of
the Code of Federal Regulations Part 158, as adopted by the FAA, being a public airport
enplaning 2,500 or more scheduled air passengers per year; and

Resolution No. 3809, Passenger Facility Charge Program SEA

Page 1 of 3

44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87

WHEREAS, the FAA has approved certain amendments to SEA’s PFC applications
allowing SEA to collected PFCs at the $4.50 level; and
WHEREAS, the Port will require substantial expenditure for capital development of SEA
facilities to meet the future projected demand for passenger air travel; and
WHEREAS, the Port anticipates continuing to use PFC revenue in funding the capital
development of SEA in accordance with the Act and applicable FAA rules and regulations.
NOW, THEREFORE, BE IT RESOLVED by the Port of Seattle Commission as
follows:
SECTION 1. It is in the Port’s best economic interest and in the interest of airline passengers
that the Port continue the Passenger Facility Charge (PFC) Program first authorized by
Commission by adoption of Resolution No. 3099, on December 10, 1991, further extended by
adoption of Resolution No. 3143 on May 25, 1993, Resolution No. 3199 on July 25, 1995,
Resolution No. 3253 on October 28, 1997, and Resolution No. 3464 on September 25, 2001, and
as identified in the Act to preserve and enhance capacity, safety, security, reduce-mitigate noise,
and enhance competition at SEA; and
SECTION 2. Notwithstanding the collection expiration date of December 31, 2022, set forth in
Resolution No. 3464, the Commission resolves that there shall continue to be implemented a
Passenger Facility Charge (PFC) Program at SEA consistent with the FAA-approved PFC
applications for SEA. Port staff is hereby authorized to make any necessary application for, and to
take all steps required to continue implementing the PFC Program in accordance with the Act and
applicable FAA rules and regulations, which PFC Program shall impose a PFC of $4.50 upon each
eligible enplaned passenger at SEA, in accordance with the Act and applicable FAA rules and
regulations, as approved by the FAA.
SECTION 3. The fees to be implemented pursuant to this Resolution No. 3809 are reasonable for
the use of the SEA facilities by the general travelling public; and
SECTION 4. The PFC authorized herein shall be collected and disbursed at SEA pursuant to the
Act and the rules and regulations adopted by the FAA pursuant to such statute; and
SECTION 5. All PFCs collected pursuant to this Resolution No. 3809 shall be expended for
projects separately authorized in accordance with Port policies and determined by the FAA to be
eligible under the Act and applicable rules and regulations for financing with PFCs.
SECTION 6. The PFC Program authorized herein shall continue in effect unless and until
modified or terminated by action of this Commission, or the earlier termination or expiration of
the Port’s authority, as issued by the FAA, to impose and/or use PFCs.

Resolution No. 3809, Passenger Facility Charge Program SEA

Page 2 of 3

88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103

ADOPTED by the Port of Seattle Commission at a duly noticed public meeting thereof,
held this 29th day of November 2022, and duly authenticated in open session by the signatures of
the commissioners voting in favor thereof and the seal of the commission.

Port of Seattle Commission

Resolution No. 3809, Passenger Facility Charge Program SEA

Page 3 of 3