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HomeMy WebLinkAboutPort of Pasco Interlocal Agreement City Fire StationWHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF PASCO AND THE PORT OF PASCO FOR AIRCRAFT RESCUE AND FIREFIGHTING SERVICES BY THIS INTERLOCAL COOPERATION AGREEMENT entered into this day of July, 2005, between the City of Pasco, a Washington Municipal Corporation, hereafter referred to as "City" and the Port of Pasco, a Washington Municipal Corporation, hereinafter referred to as 'Port". WHEREAS, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, the Parties hereto desire to enter into an agreement for the purpose of constructing, maintaining and operating a City fire station at the Tri -Cities Airport, hereinafter referred to as "Airport" to provide an addition to City fire suppression services, aircraft rescue and firefighting services to be performed by the City Fire Department for the benefit of the Port; and WHEREAS, the Port owns, maintains, and operates the Airport under Chapter 14.08 RCW and is empowered thereby to contract with any political subdivision of the State for the furnishing of fire protection; and WHEREAS, the City maintains a Fire Department and is able and willing to render aircraft rescue and firefighting services at the Airport upon reasonable terms; and WHEREAS, the City has provided such services in the past, and will continue to do so at a new station facility to be built by the Port, NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed between the parties as follows: INTERLOCAL AGREEMENT - 1 Pasco/Port Airport Interlocal Agreement (7-12-05) 115-7 I r SECTION I AIRCRAFT RESCUE/FIREFIGHTING SERVICES The City will operate on a twenty-four hour, seven day a week basis, a fire station facility to be built at the Airport and provide the Airport therefrom with aircraft rescue and firefighting services sufficient to maintain an Airport operating certificate with an Index B pursuant to Part 139 CFR and reported at 69 FR 6380, February 10, 2004, as set forth in Exhibit "D" hereto, which exhibit is incorporated by this reference herein as if specifically set forth. Said aircraft rescue and firefighting services shall include (but not be limited to) the responsibility for hazardous materials incidents, the maintenance of firefighter training records, vehicle and equipment maintenance records and quarterly fuel inspection reports, satisfactory response to emergency exercise — 3 minute response drill, conducting the three year full scale drill and semi-annual hot drills annually, and review of annual emergency plans with appropriate parties. The fire station will be used by the City for general firefighting and emergency medical service purposes in addition to the Aircraft Rescue and Firefighting Services provided to the Port. SECTION H SERVICE PAYMENTS A. Each year, the Port agrees to pay the City the sum of $405,928.00 in equal monthly installments for the services provided under Section I above commencing on the date of issuance of a certificate of occupancy for the fire station; provided, however, such annual sum shall be increased each calendar year on January Is' by the lower of: (1) the increase in the Consumer Price Index issued by the US Department of Labor in October of the preceding calendar year over the previous year for the West Coast Class B/C Cities; or (2) the actual percentage increase for Pasco firefighter wages (top step firefighter) established through collective bargaining for the respective calendar year. If the collective bargaining agreement occurs after the first of any new calendar year, the sum due for the respective calendar year shall be revised accordingly and the Port reimbursed by the City for such retroactive reduction. B. In each of the first ten (10) years, the Port's annual payment for service shall be reduced by a "capital contribution credit" in the amount of $14,579.00. Upon payment for ten (10) years, such credit shall expire and no longer apply. During the first ten (10) years, the annual credit shall be taken by the Port by reducing its payments to the City hereunder by $1,215.00 per month. C. The sum arrived at through A and B above shall be paid to the City by the Port in equal monthly installments paid on or before the 15th day of each month for services rendered in the month of payment. Late installment payments shall accrue interest at the rate of I% per month. INTERLOCAL AGREEMENT - 2 Pasco/Port Airport Interlocal Agreement (7-12-05) SECTION III NEW FIRE STATION The Port shall complete a new fire station facility as described in exhibit "A" not later than June 1, 2006. The City will contribute the sum of $720,000.00 towards the cost of the new fire station. Such "capital contribution" shall be payable by the City to the Port in the form of $600,000.00 cash within thirty (30) days following City occupancy of the new fire station. The balance of the City's "capital contribution" shall be payable in the form of an annual credit against the Port's service fee as set forth in Section II hereinabove. SECTION IV PROVIDED EQUIPMENT AND FACILITIES The City shall provide the equipment and facilities for the Airport fire station and the provision of Aircraft Rescue and Firefighting services as generally listed and described in Exhibit `B" hereto, which is incorporated herein as if specifically set forth. The Port shall provide the equipment and facilities for the Airport fire station and the provision of Aircraft Rescue and Firefighting services as generally listed and described in Exhibit "C" hereto, which is incorporated herein as if specifically set forth. SECTION V FIRE STATION UTILITY COSTS The Port shall provide water, sewer, natural gas, electricity and garbage to the new fire station. The City shall reimburse the Port sixty percent (60%) of the sum expended by the Port for said utilities: All other utilities (e.g. telephone, cable) utilized by the City shall be at the City's sole expense. SECTION VI TERM OF AGREEMENT This Agreement is effective the day following the issuance of a certificate of occupancy in the new fire station described in Section III hereinabove and continue thereafter for fifty (50) years, commencing on the fust day of the month in which the City occupies the new fire station. The annual sum to be paid to the City for the first calendar year of this Agreement shall be pro rated for the months remaining in the calendar year in which the City occupies the new fire station. INTERLOCAL AGREEMENT - 3 Pasco/Port Airport Interlocal Agreement (7-12-05) SECTION VII HOLD HARMLESS Each party hereto agrees to indemnify and defend the other, and to save and hold harmless the other from any and all causes of actions, judgments, claims or demands or from any negligent or intentional act or omission arising out of the exercise of this Agreement. This Agreement shall in no way be construed or interpreted or deemed to be a waiver of governmental immunity. SECTION VIII WAIVER OF SUBROGATION Port and City hereby mutually release each other from liability and waive all right of recovery against each other for any loss or damage to property from perils insured against under their respective property insurance contracts, including any extended coverage endorsements thereto; provided, that this paragraph VIII shall be inapplicable if it would have the effect, but only to the extent that it would have the effect of invalidating any insurance coverage of Port or City. SECTION IX DISCRIMINATION UNLAWFUL Neither party shall discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. SECTION X RESPONSIBILITY FOR ACTIONS No agent, employee, servant or representative of the City shall be deemed to be an employee, agent, servant or representative of the Port for any purpose and vice versa. Each party shall be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors or otherwise during the performance of this Agreement except as may be set forth herein. SECTION XI EARLY TERMINATION If in compliance with the required agreement, either party may cause the early termination of this Agreement for breach of this Agreement by the other party, upon the giving of at least fifteen (15) days' written notice of intention to terminate to the other party. The notice shall set forth the cause for termination. The agreement shall be terminated at the end of the notice, if the cause for termination has not been cured. PROVIDED, and notwithstanding any other provision herein to the contrary, the City will immediately upon notification commence to cure any default which could result in the loss of the Port's FAA certification and shall complete correction as soon as possible thereafter. Either party may at any time cause this Agreement to terminate INTERLOCAL AGREEMENT . 4 -' Pasco/Port Airport Interlocal Agreement (7-12-05) without cause upon the giving of two (2) years' written notice to the other parry. In the event of such early termination, the City shall be entitled to reimbursement by the Port of the City's actual capital contribution to the date of termination reduced at the rate of $14,400.00 per year of occupancy by the City from the date the City occupied the new fire station to the date of termination. Such payment shall be made by the Port within thirty (30) days after termination of this Agreement. SECTION XII MAINTENANCE AND REPAIR OF AIRPORT STATION The Port shall provide all maintenance and repair services reasonably necessary for the proper maintenance of the fire station facility. The City shall reimburse the Port sixty percent (60%) of the annual sum- expended by the Port for said purposes; provided, however, the City shall pay one hundred percent (100%) of any repairs required as a result of acts of its employees, agents, contractors or representatives. To minimize the cash flow burden on the Port, the Port shall provide the City a budgeted figure for "utilities" and "maintenance and repairs" by October 1 of each calendar year for the following calendar year. The City shall pay to the Port one - twelfth (1/12`h) of sixty percent (60%) of the mutually agreed budgetfiures for "utilities" and "maintenance and repairs" for the following year by the 15 of each month for the preceding month of the new calendar year. Not later than March 1 of each calendar year, the Port shall file with the City a reconciliation report identifying actual expenditures by the Port in the preceding calendar year for "utilities" and "maintenance and repairs". If the Port paid more than budgeted for the respective calendar year, the City shall reimburse the Port sixty percent (60%) of the excess expenditures; if the Port paid less than budgeted for the respective calendar year, the Port shall reimburse the City one hundred percent (100%) of the payments made by the City in excess of sixty percent (60%) of the total actual expenditures incurred by the Port for the respective calendar year. Reimbursement payments required hereunder shall be made not later than April 1 of the new calendar year for the prior year. SECTION XIII EQUIPMENT MAINTENANCE The City shall provide regular checks and maintenance on aircraft rescue and firefighting equipment. The Port shall reimburse the City for the cost of all parts and supplies for all preventative maintenance and repair work performed on equipment owned by the Port, and for the entire costs of any repair necessarily performed by a third party on said equipment to maintain said equipment in operational condition. INTERLOCAL AGREEMENT - 5 Pasco/Port Airport Interlocal Agreement (7.12.05) SECTION XIV TRAINING The City shall provide the training necessary to meet the goals and objectives of aircraft rescue and firefighting services incident to fire suppression services at the Port's Airport. The Port shall cooperate and support these services by permitting and facilitating practice drills, planning exercises and airport familiarization and paying the required aircraft rescue and firefighting services training tuition for up to twelve firefighters annually. SECTION XV RENEGOTIATION Each party further agrees that sections of this Agreement may be renegotiated, when agreeable by both parties, any time during the term of the Agreement. SECTION XVI AT TERMINATION Upon termination of this Agreement, all air crash fire rescue equipment purchased and provided by the Port shall be and remain the property of the Port. Starting inventory, yearly inventories and purchase/replacement records shall be continuously maintained by both parties. SECTION XVII INTERLOCAL COOPERATION ACT PROVISIONS All vehicles, equipment, inventory and any improvement thereon or fixtures purchased by the City, shall remain the sole property of the City. All vehicles, equipment, inventory and any improvements thereto and nonfixture improvements to the premises purchased by the Port, shall remain the sole property of the Port. All personnel utilized by the City in the fulfillment of this Agreement shall be solely within the supervision, direction and control of the City and shall not be construed as "loan servants" or employees of the Port. All funding and construction of the new Fire Station as provided in Section III above, and the equipment and facilities as required to be provided by the Port as provided in Section IV above, shall be the sole responsibility of the Port together with all funding incident to the fulfillment of the obligations of Port set forth in this Interlocal Agreement. All funding incident to the City's vehicles, equipment, inventory and maintenance operation expenses as provided in this Agreement, shall be the sole responsibility of the City. No special budget or funds are anticipated, nor shall be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property other than as specifically provided within the terms of this Agreement, anticipated. The City Manager of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement. INTERLOCAL AGREEMENT . 6 Pasco/Port Airport Interlocal Agreement (7-12-05) This Interlocal Agreement shall be filed with the Franklin County Auditor's office, and the City of Pasco City Clerk, as required by RCW 39.34.040. XVIII GENERAL PROVISIONS For the purpose of this Agreement, time is of the essence. This Agreement is governed, construed and enforced in accordance with the substantive laws of the State of Washington. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment. SECTION XIX TERMINATION OF FORMER AGREEMENT Upon commencement of this Agreement as provided in Section VI hereinabove, the former Agreement between the parties hereto executed in July, 1991, as amended, shall terminate. DATED this day of .2005. CITY OF PASCO: Mayor ATTEST Deputy PORT OF PASCO Commission President PRUM-61MU Leland Kerr, City Attorney APP V AS TO FORM Dan F. 11ANnn Attorney for Port of Pasco INTERLOCAL AGREEMENT - 7 Pasm/Port Airport Interlocal Agreement (7.12,05) STATE OF WASHINGTON ss. County of Franklin ) Pebec(fcc i6U?e#Jk Mayor Pra te On this day personally appeared before me M yor of the City of Pasco, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and vdeed for the uses and purposes therein mentioned. my hand and official seal this / X day of _�,1.; G�j 2005. NOTARY PUBLIC NOTARY 1`1-131,1, n and for the State a pA, Residing at: L O �Cj My Commission Expires: 15- STATE OF WASHINGTON ) ss. County of Franklin On this day personally appeared before me 6cJ1 l Q,/), of the Port of Pasco, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 7 day of �, 2005. NOTARY PUBW in and for the Stat of Washington M O B g F Residing \map- \� cN ExP ifs My Commission xpires: " ARY G � z PUB�v ti i.G 4T�eRUAP'4 �F0FWP` INTERLOCAL AGREEMENT - 8 Pwco/Port Airport Interlocal Agreement (7.12.05) 1408 1407 1409 1410 1415 1424 1414 1411 Ezi EXHIBIT B CITY OF PASCO INVENTORY FOR FIRE STATION 82 (AIRPORT STATION) VCR, VIDEO CASSETTE RECORDER / PLAYER TELEVISION 27" TABLE, SQUARE REFRIGERATOR, HOUSEHOLD W / ICEMAKER RANGE, ELEC /GAS MIRCOWAVE OVEN CHAIR, RECLINING CHAIR, RECEPTION CHAIR, TEACHER CABINET, STORAGE BOOKCASE CART, AUDIO- VISUAL EQUIP BED, SINGLE BED, SINGLE CHAIR, RECEPTION CHAIR, SECRETARIAL WITH ARMS VACUUM CLEANER CABINET, STORAGE PROJECTOR,OVERHEAD CART AUDIO- VISUAL EQUIP PROJECTOR, MOVIE BACKBOARD WEIGHT MACHINE, MULTI -STATION BOOKCASE STEPPER /STAIR MASTER TRAMPOLINE, MINI TABLE, PRINTER RADIO, BASE STATION, 2 -WAY PRINTER, LASER FILE CABINET, 4-5 DRAWER FAX MACHINE DESK, DOUBLE PEDESTAL COMPUTER, IBM COMPATIBLE CHAIR, SECRETARIAL, WITH ARMS SHELVING, METAL ADJUSTABLE 6' BOOKCASE AMPLIFIER BED, SINGLE CHAIR, SECRETARIAL WITH ARMS TABLE, OFFICE GENERAL PURPOSE BED, SINGLE RCA RCA WHIRLPOOL WHIRLPOOL EIKI SCHWINN BROTHER PANASONIC BOSS 1418 VCR, VIDEO CASSETTE RECORDER / PLAYER RCA VR520 050694428 F27645 936223042 S927ADXHW00 SJ1341578 RF365AXWWO FX3102405 NA NA NA NA HL -7H K60274685 OF -321 01930900719 PENTIUM 4 01130380275-29 VR540 828521251 {g11417 TELEVISION .119 RCA FMR455W ' #lMOON 616550917 TABLE, COMPUTER STAND SOFA, SMALL DESK DOUBLE PEDESTAL 1412 COMPUTER, IBM COMPATIBLE W / MONITOR BOSS AlC-CT25 02497 CHALK BOARD, PORTABLE CHAIR, RECEPTION CHAIR, FOLDING CHAIR, SECRETARIAL, WITH ARMS 1416 CAMCORDER RCA CMR300 708530171 TABLE, FOLDING CABINET, STORAGE CASSETE TAPE RECORDER / PLAYER PROJECTOR,OVERHEAD 1419 VCR, VIDEO CASSETTE RECORDER / PLAYER RCA VR531 740210988 CART, AUDIO - VISUAL EQUIP RESUSCI BABY (CPR MANNEQUIN) RESUSCI ANNIE (CPR MANNEQUIN) VACUUM, SHOP- WETIDRY VISE, BENCH MOUNTED GRIND / BUFFER BENCH 1421 CABINET, FLAMMABLE STORAGE, 30 GAL JUST RITE NA NA TOOL CABINET, 5 DRAWER, ROL - A ROUND TOOL CHEST, 12 DRAWER BATTERY CHARGER / STARTER, 40 AMP 1422 AIR COMPRESSOR, MOBILE, 5 HP SPEED AIRE NA NA LIGHT TRAILER LADDER, STEP 2' TO 4' 1423 FIRE HOSE DRYER CIRCUL-AIR C500 520508 ICE MAKER 1624 AMBULANCE 1997 MEDIC 84 FORD HORTON 1FDLE4OF7VHB8285 1621 TRUCK RESCUE 81 VEHICLE 1988 FORD F-350 2FDKF38M7JCA7854 1625 TRUCK FIRE LADDER 1998 HME NA 44KFT6489WWZ1868 1944 AMBULANCE 2003 MEDIC 82 FORD FORD E456 1 FDXE45F13HA3110 EXHIBIT C PASCO FIRE DEPARTMENT ARFF TRUCK #1 PORTINVENTORY ............. PIPING ACCESS BRAKE RELEASE TOOLS" 52 b" ROUND NOSE SHOVEL TMENT-N LILL TANK FILL 1 PAIR 12" CABLE CUTTERS** QQM7 ENT:: HACKSAW/3 S DES" . . 1 PRIMER OIL 4K ... 1 20" METAL CUTTING HANDS" NS. FLUID DIP STICK 1 2 15" CRASH AX** RESCUE KNIVES** DISCHARGE VALVE 1 9" LINEMAN'S 1 10" VICEGRIp- T- 2 PHILLIPS SCREWDRIVER** 1 LADDER 2 STANDARD SCREWDRIVER** 1 AX 2 18" BALLHLNE HAMMER** 1 30 LB MET- L -X EXTINGUISHER CQMPARTMENIT,::: f.40..7:70:7777: 1 20 LB PK BC DRY CHEM. E X TING 1 D^*I'I[=My LUNL)lllL)NtK I 14U' FOOT EXHIBIT C PASCO FIRE DEPARTMENT PORT INVENTORY ARFF TRUCK #2 1 PIPING ACCESS 1 7" VICEGRIPS** 1BATTERY CONDITIONER 1 KEY DZUS FASTENERS** 1 36" ROUND NOSE SHOVEL 2 RESCUE KNIFES** CC3INPARTIVEENT::h113>::2::::'<:::::::::::::::::::::::::::::::::::::::::::::: 1 PACKAGE RESCUE KNIFE BLADES** 41 X 1.5" HOSE PAK w/NOZZ 1 18" STANDARD SCREWDRIVER** 1 HYDRANT WRENCH 1 8" STANDARD SCREWDRIVER** 2 SPANNER WRENCHES 1 8" PHILIP SCREWDRIVER** 1 12.5 X 15" WYE 1 6" PHILIP SCREWDRIVER** 1 2.5 "FMX 1.5" MALE ADAPTOR 1 HACKSAW w/ 6 SPARE BLADES** 1 12" BALLPEIN HAMMER** CQMPARTMENT:;NQ::3>?<::::` »:_::'<:::'; ::=>`;<: 1 15" CRASH AX** :;.>.: C:OMPARTMEE�IT:1.P: 1 RELIEF VALVE 1 HURST TOOL POWER UNIT w/15' HOSE 1 TANK TO PUMP VALVE 1 HURST SPREADER TOOL : C0MP.AKTM N7 NO 4; : i :::<?; :: ?"?:_:: <;:::;:>;:;:;:::; f'<; 1 HURST CUTTER TOOL 1 PUMP ACCESS 1 HURST REEL w/58' HOSE COMPARTIIAENT:#60:5:::i:>::'z?::::::::>?::i":>i :.i ::i 2 HURST 6'CHAINSw/HOOKS 1 ITRANS. FLUID DIPSTICK 2 HURST SHACKLES w/HOOKS S!WPAKT,MENT:: NO f U.S. Department of Transportation EXHIBIT D Federal Aviation Federal Aviation Regulation s Administration Part 139 — Certification of Airports Llectronic Code of Federal Regulations: § 139.5 Definitions. El -W The following are definitions of terms used in this part: AFFF means aqueous film forming foam agent. Page 1 of 2 Air carrier aircraft means an aircraft that is being operated by an air carrier and is categorized as either a large air carrier aircraft if designed for at least 31 passenger seats or a small air carrier aircraft if designed for more than 9 passenger seats but less than 31 passenger seats, as determined by the aircraft type certificate issued by a competent civil aviation authority. Air carrier operation means the takeoff or landing of an air carrier aircraft and includes the period of time from 15 minutes before until 15 minutes after the takeoff or landing. Airport means an area of land or other hard surface, excluding water, that is used or intended to be used for the landing and takeoff of aircraft, including any buildings and facilities. Airport Operating Certificate means a certificate, issued under this part, for operation of a Class I, II, III, or IV airport. Average daily departures means the average number of scheduled departures per day of air carrier aircraft computed on the basis of the busiest 3 consecutive calendar months of the immediately preceding 12 consecutive calendar months. However, if the average daily departures are expected to increase, then "average daily departures" may be determined by planned rather than current activity, in a manner authorized by the Administrator. Certificate holder means the holder of an Airport Operating Certificate issued under this part. Class I airport means an airport certificated to serve scheduled operations of large air carrier aircraft that can also serve unscheduled passenger operations of large air carrier aircraft and/or scheduled operations of small air carrier aircraft. Class 11 airport means an airport certificated to serve scheduled operations of small air carrier aircraft and the unscheduled passenger operations of large air carrier aircraft. A Class II airport cannot serve scheduled large air carrier aircraft. Class 111 airport means an airport certificated to serve scheduled operations of small air carrier aircraft. A Class III airport cannot serve scheduled or unscheduled large air carrier aircraft. Class IV airport means an airport certificated to serve unscheduled passenger operations of large air carrier aircraft. A Class IV airport cannot serve scheduled large or small air carrier aircraft. Clean agent means an electrically nonconducting volatile or gaseous fire extinguishing agent that does not leave a residue upon evaporation and has been shown to provide extinguishing action equivalent to halon 1211 under test protocols of FAA Technical Report DOT/FAA/AR-95/87. Heliport means an airport, or an area of an airport, used or intended to be used for the landing and takeoff of helicopters. Index means the type of aircraft rescue and firefighting equipment and quantity of fire extinguishing agent that the certificate holder must provide in accordance with §139.315. Joint -use airport means an airport owned by the United States that leases a portion of the airport to a person operating an airport specified under §139.1(a). Movement area means the runways, taxiways, and other areas of an airport that are used for taxiing, takeoff, and 7/12/2005 $lectronic Code of Federal Regulations: landing of aircraft, exclusive of loading ramps and aircraft parking areas. Regional Airports Division Manager means the airports division manager for the FAA region in which the airport is located. Safety area means a defined area comprised of either a runway or taxiway and the surrounding surfaces that is prepared or suitable for reducing the risk of damage to aircraft in the event of an undershoot, overshoot, or excursion from a runway or the unintentional departure from a taxiway. Page 2 of 2 Scheduled operation means any common carriage passenger -carrying operation for compensation or hire conducted by an air carrier for which the air carrier or its representatives offers in advance the departure location, departure time, and arrival location. It does not include any operation that is conducted as a supplemental operation under 14 CFR part 121 or public charter operations under 14 CFR part 380. Shared -use airport means a U.S. Government-owned airport that is co -located with an airport specified under §139.1(a) and at which portions of the movement areas and safety areas are shared by both parties. Unscheduled operation means any common carriage passenger -carrying operation for compensation or hire, using aircraft designed for at least 31 passenger seats, conducted by an air carrier for which the departure time, departure location, and arrival location are specifically negotiated with the customer or the customer's representative. It includes any passenger -carrying supplemental operation conducted under 14 CFR part 121 and any passenger -carrying public charter operation conducted under 14 CFR part 380. Wildlife hazard means a potential for a damaging aircraft collision with wildlife on or near an airport. As used in this part, "wildlife' includes feral animals and domestic animals out of the control of their owners. Note: Special Statutory Requirement To Operate to or From a Part 139 Airport. Each air carrier that provides—in an aircraft designed for more than 9 passenger seats—regularly scheduled charter air transportation for which the public is provided in advance a schedule containing the departure location, departure time, and arrival location of the flight must operate to and from an airport certificated under part 139 of this chapter in accordance with 49 U.S.C. 41104(b). That statutory provision contains stand-alone requirements for such air carriers and special exceptions for operations in Alaska and outside the United States. Certain operations by air carriers that conduct public charter operations under 14 CFR part 380 are covered by the statutory requirements to operate to and from part 139 airports. See 49 U.S.C. 41104(b). 7/12/2005 $lectronic Code of Federal Regulations: 139.315 Aircraft rescue and firefighting: Index determination. F1110 (a) An index is required by paragraph (c) of this section for each certificate holder. The Index is determined by a combination of— (1) The length of air carrier aircraft and (2) Average daily departures of air carrier aircraft. (b) For the purpose of Index determination, air carrier aircraft lengths are grouped as follows: (1) Index A includes aircraft less than 90 feet in length. (2) Index B includes aircraft at least 90 feet but less than 126 feet in length. (3) Index C includes aircraft at least 126 feet but less than 159 feet in length. (4) Index D includes aircraft at least 159 feet but less than 200 feet in length. (5) Index E includes aircraft at least 200 feet in length. (c) Except as provided in §139.319(c), if there are five or more average daily departures of air carrier aircraft in a single Index group serving that airport, the longest aircraft with an average of five or more daily departures determines the Index required for the airport. When there are fewer than five average daily departures of the longest air carrier aircraft serving the airport, the Index required for the airport will be the next lower Index group than the Index group prescribed for the longest aircraft. (d) The minimum designated index shall be Index A. (e) A holder of a Class III Airport Operating Certificate may comply with this section by providing a level of safety comparable to Index A that is approved by the Administrator. Such alternate compliance must be described in the ACM and must include: (1) Pre -arranged firefighting and emergency medical response procedures, including agreements with responding services. (2) Means for alerting firefighting and emergency medical response personnel. (3) Type of rescue and firefighting equipment to be provided. (4) Training of responding firefighting and emergency medical personnel on airport familiarization and communications. [Doc. No. FAA -2000-7479, 69 FR 6424, Feb. 10, 2004; Aink 139-26, 69 FR 31522, 7/12/2005 Page 1 of 8 Electronic Code of Federal Regulations: June 4, 2004] § 139.317 Aircraft rescue and firefighting: Equipment and agents. 0 toD Unless otherwise authorized by the Administrator, the following rescue and firefighting equipment and agents are the minimum required for the Indexes referred to in § 139.315: (a) Index A. One vehicle carrying at least— (1) 500 pounds of sodium -based dry chemical, halon 1211, or clean agent; or (2) 450 pounds of potassium -based dry chemical and water with a commensurate quantity of AFFF to total 100 gallons for simultaneous dry chemical and AFFF application. (b) Index B. Either of the following: (1) One vehicle carrying at least 500 pounds of sodium -based dry chemical, halon 1211, or clean agent and 1,500 gallons of water and the commensurate quantity of AFFF for foam production. (2) Two vehicles— (i) One vehicle carrying the extinguishing agents as specified in paragraphs (a)(1) or (a) (2) of this section; and (ii) One vehicle carrying an amount of water and the commensurate quantity of AFFF so the total quantity of water for foam production carried by both vehicles is at least 1,500 gallons. (c) Index C Either of the following: (1) Three vehicles— (i) One vehicle carrying the extinguishing agents as specified in paragraph (a)(1) or (a)(2) of this section; and (ii) Two vehicles carrying an amount of water and the commensurate quantity of AFFF so the total quantity of water for foam production carried by all three vehicles is at least 3,000 gallons. (2) Two vehicles— (i) One vehicle carrying the extinguishing agents as specified in paragraph (b)(1) of this section; and (ii) One vehicle carrying water and the commensurate quantity of AFFF so the total 7/12/2005 Page 2 of 8 Electronic Code of Federal Regulations: quantity of water for foam production carried by both vehicles is at least 3,000 gallons. (d) Index D. Three vehicles— (1) One vehicle carrying the extinguishing agents as specified in paragraphs (a)(1) or (a) (2) of this section; and (2) Two vehicles carrying an amount of water and the commensurate quantity of AFFF so the total quantity of water for foam production carried by all three vehicles is at least 4,000 gallons. (e) Index E. Three vehicles— (1) One vehicle carrying the extinguishing agents as specified in paragraphs (a)(1) or (a) (2) of this section; and (2) Two vehicles carrying an amount of water and the commensurate quantity of AFFF so the total quantity of water for foam production carried by all three vehicles is at least 6,000 gallons. (f) Foam discharge capacity. Each aircraft rescue and firefighting vehicle used to comply with Index B, C, D, or E requirements with a capacity of at least 500 gallons of water for foam production must :be equipped with a turret. Vehicle turret discharge capacity must be as follows: (1) Each vehicle with a minimum -rated vehicle water tank capacity of at least 500 gallons, but less than 2,000 gallons, must have a turret discharge rate of at least 500 gallons per minute, but not more than 1,000 gallons per minute. (2) Each vehicle with a minimum -rated vehicle water tank capacity of at least 2,000 gallons must have a turret discharge rate of at least 600 gallons per minute, but not more than 1,200 gallons per minute. (g) Agent discharge capacity. Each aircraft rescue and firefighting vehicle that is required to carry dry chemical, halon 1211, or clean agent for compliance with the Index requirements of this section must meet one of the following minimum discharge rates for the equipment installed: (1) Dry chemical, halon 1211, or clean agent through a hand line -5 pounds per second. (2) Dry chemical, halon 1211, or clean agent through a turret -16 pounds per second. (h) Extinguishing agent substitutions. Other extinguishing agent substitutions authorized by the Administrator may be made in amounts that provide equivalent firefighting capability. (i) AFFF quantity requirements. In addition to the quantity of water required, each vehicle required to carry AFFF must carry AFFF in an appropriate amount to mix with twice the 7/12/2005 Page 3 of 8 'Electronic Code of Federal Regulations: water required to be carried by the vehicle. 0) Methods and procedures. FAA Advisory Circulars contain methods and procedures for ARFF equipment and extinguishing agents that are acceptable to the Administrator. (k) Implementation. Each holder of a Class II, III, or IV Airport Operating Certificate must implement the requirements of this section no later than 36 consecutive calendar months after June 9, 2004. [Doc. No. FAA -2000-7479, 69 FR 6424, Feb. 10, 2004; Arndt. 139-26, 69 FR 31523, June 4, 2004] § 139.319 Aircraft rescue and firefighting: Operational requirements. ROD (a) Rescue and firefighting capability. Except as provided in paragraph (c) of this section, each certificate holder must provide on the airport, during air carrier operations at the airport, at least the rescue and firefighting capability specified for the Index required by § 139.317 in a manner authorized by the Administrator. (b) Increase in Index. Except as provided in paragraph (c) of this section, if an increase in the average daily departures or the length of air carrier aircraft results in an increase in the Index required by paragraph (a) of this section, the certificate holder must comply with the increased requirements. (c) Reduction in rescue and firefighting. During air carrier operations with only aircraft shorter than the Index aircraft group required by paragraph (a) of this section, the certificate holder may reduce the rescue and firefighting to a lower level corresponding to the Index group of the longest air carrier aircraft being operated. (d) Procedures for reduction in capability. Any reduction in the rescue and firefighting capability from the Index required by paragraph (a) of this section, in accordance with paragraph (c) of this section, must be subject to the following conditions: (1) Procedures for, and the persons having the authority to implement, the reductions must be included in the Airport Certification Manual. (2) A system and procedures for recall of the full aircraft rescue and firefighting capability must be included in the Airport Certification Manual. (3) The reductions may not be implemented unless notification to air carriers is provided in the Airport/Facility Directory or Notices to Airmen (NOTAM), as appropriate, and by direct notification of local air carriers. (e) Vehicle communications. Each vehicle required under §139.317 must be equipped with two-way voice radio communications that provide for contact with at least— 7/12/2005 Page 4 of 8 Electronic Code of Federal Regulations: (1) All other required emergency vehicles; (2) The air traffic control tower; (3) The common traffic advisory frequency when an air traffic control tower is not in operation or there is no air traffic control tower, and (4) Fire stations, as specified in the airport emergency plan. (f) Vehicle marking and lighting. Each vehicle required under § 139.317 must— (1) Have a flashing or rotating beacon and (2) Be painted or marked in colors to enhance contrast with the background environment and optimize daytime and nighttime visibility and identification. (g) Vehicle readiness. Each vehicle required under §139.317 must be maintained as follows: (1) The vehicle and its systems must be maintained so as to be operationally capable of performing the functions required by this subpart during all air carrier operations. (2) If the airport is located in a geographical area subject to prolonged temperatures below 33 degrees Fahrenheit, the vehicles must be provided with cover or other means to ensure equipment operation and discharge under freezing conditions. (3) Any required vehicle that becomes inoperative to the extent that it cannot perform as required by paragraph (g)(1) of this section must be replaced immediately with equipment having at least equal capabilities. If replacement equipment is not available immediately, the certificate holder must so notify the Regional Airports Division Manager and each air carrier using the airport in accordance with §139.339. If the required Index level of capability is not restored within 48 hours, the airport operator, unless otherwise authorized by the Administrator, must limit air carrier operations on the airport to those compatible with the Index corresponding to the remaining operative rescue and firefighting equipment. (h) Response requirements. (1) With the aircraft rescue and firefighting equipment required under this part and the number of trained personnel that will assure an effective operation, each certificate holder must— (i) Respond to each emergency during periods of air carrier operations; and (ii) When requested by the Administrator, demonstrate compliance with the response requirements specified in this section. (2) The response required by paragraph (h)(1)(ii) of this section must achieve the following performance criteria: 7/12/2005 Page 5 of 8 'Electronic Code of Federal Regulations: (i) Within 3 minutes from the time of the alarm, at least one required aircraft rescue and firefighting vehicle must reach the midpoint of the farthest runway serving air carrier aircraft from its assigned post or reach any other specified point of comparable distance on the movement area that is available to air carriers, and begin application of extinguishing agent. (ii) Within 4 minutes from the time of alarm, all other required vehicles must reach the point specified in paragraph (h)(2)(i) of this section from their assigned posts and begin application of an extinguishing agent. (i) Personnel. Each certificate holder must ensure the following: (1) All rescue and firefighting personnel are equipped in a manner authorized by the Administrator with protective clothing and equipment needed to perforin their duties. (2) All rescue and firefighting personnel are properly trained to perform their duties in a manner authorized by the Administrator. Such personnel must be trained prior to initial performance of rescue and firefighting duties and receive recurrent instruction every 12 consecutive calendar months. The curriculum for initial and recurrent training must include at least the following areas: (i) Airport familiarization, including airport signs, marking, and lighting. (ii) Aircraft familiarization. (iii) Rescue and firefighting personnel safety. (iv) Emergency communications systems on the airport, including fire alarms. (v) Use of the fire hoses, nozzles, turrets, and other appliances required for compliance with this part. (vi) Application of the types of extinguishing agents required for compliance with this part. (vii) Emergency aircraft evacuation assistance. (viii) Firefighting operations. (ix) Adapting and using structural rescue and firefighting equipment for aircraft rescue and firefighting. (x) Aircraft cargo hazards, including hazardous materials/dangerous goods incidents. (xi) Familiarization with firefighters' duties under the airport emergency plan. (3) All rescue and firefighting personnel must participate in at least one live -fire drill prior to initial performance of rescue and firefighting duties and every 12 consecutive calendar 7/12/2005 Page 6 of 8 1. 'Electronic Code of Federal Regulations: months thereafter. (4) At least one individual, who has been trained and is current in basic emergency medical services, is available during air carrier operations. This individual must be trained prior to initial performance of emergency medical services. Training must be at a minimum 40 hours in length and cover the following topics: (i) Bleeding. (ii) Cardiopulmonary resuscitation. (iii) Shock. (iv) Primary patient survey. (v) Injuries to the skull, spine, chest, and extremities. (vi) Internal injuries. (vii) Moving patients. (viii) Burns. (ix) Triage. (5) A record is maintained of all training given to each individual under this section for 24 consecutive calendar months after completion of training. Such records must include, at a minimum, a description and date of training received. (6) Sufficient rescue and firefighting personnel are available during all air carrier operations to operate the vehicles, meet the response times, and meet the minimum agent discharge rates required by this part. (7) Procedures and equipment are established and maintained for alerting rescue and firefighting personnel by siren, alarm, or other means authorized by the Administrator to any existing or impending emergency requiring their assistance. 0) Hazardous materials guidance. Each aircraft rescue and firefighting vehicle responding to an emergency on the airport must be equipped with, or have available through a direct communications link, the "North American Emergency Response Guidebook" published by the U.S. Department of Transportation or similar response guidance to hazardous materials/dangerous goods incidents. Information on obtaining the "North American Emergency Response Guidebook" is available from the Regional Airports Division Manager. (k) Emergency access roads. Each certificate holder must ensure that roads designated for use as emergency access roads for aircraft rescue and firefighting vehicles are maintained in a condition that will support those vehicles during all-weather conditions. 7/12/2005 Page 7 of 8 Tlectronic Code of Federal Regulations: (1) Methods and procedures. FAA Advisory Circulars contain methods and procedures for aircraft rescue and firefighting and emergency medical equipment and training that are acceptable to the Administrator. (m) Implementation. Each holder of a Class II, III, or IV Airport Operating Certificate must implement the requirements of this section no later than 36 consecutive calendar months after June 9, 2004. [Doc. No. FAA -2000-7479, 69 FR 6424, Feb. 10, 2004; Arndt. 139-26, 69 FR 31523, June 4, 2004] 7/12/2005 Page 8 of 8 6380 Federal Register/Vol. 69, No. 27/Tuesday, February 10, 2004/Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 121 and 139 [Docket No. FAA -2000-7479; Amendment Nos. 121-304,135-94] RIN 2120-AG96 Certification of Airports AGENCY: Federal Aviation Administration (FAA), DOT ACTION: Final rule. SUMMARY: This rule revises the airport certification regulation and establishes certification requirements for airports serving scheduled air carrier operations in aircraft designed for more than 9 passenger seats but less than 31 passenger seats. In addition, this rule amends a section of an air carrier operation regulation to conform with changes to airport certification requirements. This rule is necessary to ensure safety in air transportation at all certificated airports. DATES: Effective June 9, 2004. FOR FURTHER INFORMATION CONTACT: Linda Bruce, Airport Safety and Operations Division (AAS -300), Office of Airport Safety and Standards, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8553; or e-mail: linda.bruce@faa.gov. SUPPLEMENTARY INFORMATION: Availability of Rulemaking Documents You can get an electronic copy using the Internet by: (1) Searching the Department of Transportation's electronic Docket Management System (DMS) web page (http://dms. dot.gov/search); (2) Visiting the Office of Rulemaking's Web page at http://www.faa.govlavrl arm/index.cfm; or (3) Accessing the Government Printing Office's Web page at http:// www.access.gpo.gov/su_docs/aces/ aces140.htmL You can also get a copy by submitting a request to the Federal Aviation Administration, Office of Rulemaking, ARM -1, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make sure to identify the amendment number or docket number of this rulemaking. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit http://d`ms.dot.gov. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. If you are a small entity and you have a question regarding this document, you may contact its local FAA official, or the person listed under FOR FURTHER INFORMATION CONTACT. You can find out more about SBREFA on the Internet at http://www. faa.gov/avr/arm/sbmfa.htm, or by e -mailing us at -AWA- SBREFA®faa.gov. Background Regulatory History Since 1970, the FAA Administrator has had the statutory authority under title 49, United States Code (U.S.C.) 44706 to issue Airport Operating Certificates (AOCs) to airports serving certain air carriers and to establish minimum safety standards for the operation of those airports. The FAA uses this authority to issue requirements for the certification and operation of certain land airports through part 139 of title 14, Code of Federal Regulations (14 CFR part 139). This statutory authority was limited to those land airports serving passenger operations of an air carrier that are conducted with an aircraft designed for at least 31 -passenger seats. In response to recommendations made by the General Accounting Office (GAO) in 1987 and the National Transportation Safety Board (NTSB) in 1994, the Secretary of Transportation sought authority from Congress to broaden the FAA's authority to certificate airports, and the FAA's authority was broadened when Congress passed the Federal Aviation Reauthorization Act of 1996 (Public Law 104-264), amending 49 U.S.C. 44706. This amendment granted the FAA the authority to certificate airports serving scheduled air carrier operations conducted in aircraft with more than 9 passenger seats but less than 31 passenger seats, except in the State of Alaska. There was no change to the FAA's existing authority to regulate airports serving air carrier operations using aircraft with more than 30 seats. In April 2000, Congress further mandated, in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Air -21; Public Law 106-181), that the FAA issue a Notice of Proposed Rulemaking (NPRM) within 60 days and a Final Rule 1 year after the close of the NPRM comment period implementing 49 U.S.C. 44706(a)(2), relating to the issuance of AOCs for small scheduled passenger air carrier operations. The FAA implemented its new authority on airport certification by publishing an NPRM on June 21, 2000 (65 FR 38636). This NPRM proposed to revise the current airport certification requirements in 14 CFR part 139 and to establish certification requirements for airports serving scheduled air carrier operations in aircraft with more than 9 passenger seats but less than 31 passenger seats. The NPRM also proposed a conforming amendment to 14 CFR part 121. The public comment period was originally scheduled to close on September 9, 2000, but was extended to November 3, 2000, in response to several requests made by airport operators and the State of Maine. In the NPRM, the FAA proposed to revise certain outdated safety requirements and require certification of airports not currently certificated that serve scheduled air carrier operations conducted in aircraft with more than 9 passenger seats but less than 31 passenger seats. The proposal also clarified existing requirements, incorporated existing industry practices, and responded to an outstanding petition for rulemaking and certain NTSB recommendations. Further, the FAA proposed to revise the existing airport certification process to incorporate all airports covered by the statute, including those serving scheduled, smaller air carrier aircraft. Under this changed certification process, airports would be reclassified into four new classes, based on the type of air carrier operations served. Class I, D, and IV airports would be those that currently hold AOCs and Class III would be those airports being newly certificated. Airports serving all types of scheduled operations of air carrier aircraft designed for at least 31 passenger seats (large air carrier aircraft), and any other type of air carrier operations, would be known as Class I airports. These airports currently hold an AOC. Airports that currently hold a Limited Airport Operating Certificate would be known as either Class B or IV airports. The FAA proposed that Class D airports would be those that serve scheduled operations of small air carrier aircraft (aircraft designed for more than 9 Federal Register/Vol. 69, No. 27/Tuesday, February 10, 2004/Rules and Regulations 6381 passenger seats but less than 31 passenger seats) and unscheduled operations of large air carrier aircraft. Class IV airports would be those that serve only unscheduled operations of large air carrier aircraft. As proposed, Class III airports would be those airports that serve only scheduled operations of small air carrier aircraft and, as noted above, would be required for the first time to be certificated under part 139. As specified in the authorizing statute, proposed airport certification requirements would not be applicable to airports located in the State of Alaska that only serve scheduled operations of small air carrier aircraft. Similar to how the FAA currently certificates airports, the proposal required airport operators choosing to be certificated under part 139 to document their procedures for complying with part 139, as well as with the safety and operational requirements. To accommodate variations in airport layout, operations, air carrier service, and to address other local considerations, the FAA proposed that compliance procedures for the more burdensome requirements be tailored for each airport operator. Industry Participation Through the Aviation Rulemaking Advisory Committee (ARAC), the FAA sought industry input on regulatory and nonregulatory issues on the certification of airports serving smaller air carrier operations. The FAA asked the ARAC to consider alternatives to minimize the operational burden on smaller airports, including options for aircraft rescue and firefighting (ARFF) services. The FAA also suggested that the ARAC conduct a - survey of affected airports to gauge the impact of any proposed requirement. In 1995, the ARAC appointed the Commuter Airport Certification Working Group to complete these tasks. This working group comprised representatives from industry trade and union associations, including Air Line Pilots Association (ALFA), Aircraft Owners and Pilots Association (AOPA), American Association of Airport Executives (AAAE), National Air Transportation Association (NATA), National Association of State Aviation Officials (NASAO), and Regional Airline Association (RAA). The FAA and Landrum and Brown, an airport planning and engineering consulting firm, also provided technical support. However, after the passage of the Federal Aviation Reauthorization Act of 1996, the FAA decided to consider exercising its new authority to regulate airports and asked the ARAC to immediately provide the FAA a report on certifying airports serving small air carrier aircraft that included draft regulatory language. While the working group agreed on many issues, two members (ALPA and NATA) disagreed with several of the group's recommendations on regulatory requirements, including marking and lighting, ARFF, and the handling of hazardous substances and materials. Subsequently, in February 1997, both the majority and minority views of the working group, and those of individual workgroup members, were presented to the FAA. As noted in the NPRM, the FAA considered these positions in this rulemaking. However, the decisions in this document are the FAA's.