By: Nancy S. Williams Date:March 4, 2010 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment Under AIP

2 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 AIP is a “Permissive” Program As the US Supreme Court states, “ … the expenditure of public funds is proper only when authorized by Congress, not that public funds may be expended unless prohibited by Congress” United States v. MacCollom, 426 U.S. 317, 321 (1976). Two Things to Remember: Unless specifically allowed by statute, we can’t do it, and Good ideas don’t make things eligible

3 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 General Guidelines for Equipment Procurement (Continued) Must follow FAA Technical Specifications Equipment is for on-airport use only for the intended purpose Equipment storage buildings are simply to protect the AIP investment, not to provide training rooms, operational space, etc.

4 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 General Guidelines for Equipment Procurement ARFF Equipment - ONLY what is required by the Airport Index Security Equipment ONLY what is required by rule or regulation Snow Removal Equipment – limited to the equipment required to remove snow in Priority 1 area according to the approved snow removal plan. For GA airports, limited to a single SRE carrier vehicle

5 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 ADMINISTRATIVE EQUIPMENT Eligibility for AIP – very limited and only by special legislation –Interactive (ARFF) Training Systems Not Eligible for AIP –Other Administrative Costs Preparing and maintaining your ACM Maintaining Training Records Record Keeping Software Software Updates Other training costs

6 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 ARFF EQUIPMENT ARFF equipment is eligible if it is required by index When new vehicle or a replacement vehicle is needed, the FAA must know: If a replacement, what vehicle is being replaced If new, what size/type of equipment is required ARFF Vehicle replacement or acquisition must have a signed hard-copy Part 139 Inspector recommendation Airport should maintain a list of ARFF equipment, listing AIP grant under which it was obtained and VIN #

7 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 ARFF EQUIPMENT (Continued) Protective Clothing is eligible based on the following criteria: 1 suit for each full time aircraft fire-fighter (not all firefighters) 1 suit for each less than full-time position, but no more than 2 for lightweight vehicles and 5 for larger vehicles. Replacement of protective clothing is eligible if required as a result of a 139 inspection

8 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 ARFF EQUIPMENT NOT ELIGIBLE Passenger vehicles or trucks – Not even the Fire Marshal’s Suburban, even if it is used to respond to an incident Ambulances or Mass Casualty Vehicles Aircraft removal equipment

9 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 ARFF EQUIPMENT Equipment that goes in the vehicle Should not be purchased as part of the Vehicle RFP, it must be a separate contract ARFF protective suits are also a separate RFP UPCOMING NEWS FLASH! The ARFF specification program is in testing now and will be rolled out soon. (by the end of the month)

10 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 Part 139 Inspections Discrepancies/Recommendations If there is a discrepancy that will require an AIP action, notify the project engineer A recommendation is just that and does not necessarily trigger an AIP action Project Engineer is required to have justification beyond a recommendation on an inspection report

11 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 NIMS TRAINING  Homeland Security Presidential Directive 5 (HSPD-5) signed 2/2003  Requires developing and implementing a National Response Plan and the National Incident Management System (NIMS)  NIMS is a consistent nationwide approach for federal, state, territorial, tribal, and local governments to work together to prepare for, prevent, respond to, and recover from domestic incidents regardless of cause, size or complexity. Valuable and Important, but not AIP!

12 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 NIMS COMPLIANCE – Some website information is confusing - “Federal guidelines indicate that any jurisdiction (state, local, tribal) which receives federal preparedness program funds* … is required to be NIMS compliant by September 30, 2006 in order to be eligible for FFY 07 grant funds.” New York State website  But, not AIP grants – again, this is not an AIP requirement – despite what other websites may say

13 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 Frequently Misunderstood – FSD Recommendations  TSA FSD Order was rewritten  The revision clarify that there are only about 5 AIP-eligible security projects Perimeter Security Fencing for 139 Airports – 7’ with 3 strands of wire (Wildlife fencing is another matter!) CCTV as part of a 1542 Part 207 access control plan Fingerprinting equipment for criminal history record check for SIDA access

14 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 Frequently Misunderstood – FSD Recommendations  5 generally eligible projects – continued EDS modifications – technically eligible, but can’t spend any money on it Vehicle Barriers with extra justification

15 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 Frequently Misunderstood – FSD Recommendations  Generally NOT eligible Vehicles for Perimeter Patrols – airports requesting perimeter patrol vehicles must show that the vehicles are “delta” above pre-9/11 requirements Operations Vehicles Command and Control Center Vehicles (can now be funded through DHS grants) Portions of Command and control centers that do not support major incident handling

16 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 Frequently Misunderstood – FSD Recommendations  FSD Recommendations MUST BE SPECIFIC May not simply say, “concur with Airport’s plan” Must be submitted IN WRITING to both FAA and to TSA HQ Must provide supporting documentation for any project beyond the 5 unquestionable eligible projects.

17 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 FSD Recommendations An FSD recommendation must indicate that the work is required under 1542: “…the purpose of this letter is to advise you that the TSA supports the (project) which would mitigate the most burdensome portions of the Security Directive…(Project) will greatly enhance the security posture of this airport as well as its ability to meet the requirements of 49 CFR Part 1542.”

18 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 FSD Recommendations (cont’d) “While I am not in a position to directly endorse or promote the (airport name and project), any initiatives to enhance security at (airport) are of great interest to me.”

19 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 Security Work in Terminals Only in public areas Follows the same eligibility rules as any other terminal project

20 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 SNOW EQUIPMENT Snow Removal Plan –Must be approved (element of the ACM) –Priority 1 is that area that must be cleared in the first 30 minutes – access to main runway, limited apron areas –All equipment needed to meet the Priority 1 clearing is not necessarily going to be funded –Review Priority 1 areas carefully

21 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 SNOW REMOVAL EQUIPMENT

22 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4,

23 Federal Aviation Administration Eligibility of Safety, Security and Snow Removal Equipment March 4, 2010 Equipment Procurement AIP participation in the procurement of equipment is limited to approved items. Operational equipment is not eligible under the AIP, Operational equipment may be available thru the GSAXcess surplus property program.