UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

SETTLEMENT AGREEMENT AND ORDER 

In the Matter of John F. Kennedy International Airport C"JFK"), FAA Case Nos. 

2012AGC10027, 2013EA800015, 2013EA800040; Teterboro Airport C"TEB"), FAA Case 

No. 2012AGC10028; LaGuardia ("LGA") and Newark Liberty International C"EWR") 

Airports, FAA Case No. 2012AGC10029; EWR, FAA Case No. 2013EA800044. 

I. General. 

1. This Settlement Agreement and Order is issued under the authority provided in 49 U.S. C. 

§§ 40113, 46102(a), and 46301. 

2. This Settlement Agreement and Order concerns the actions of the Port Authority of 

New York and New Jersey ("PANYNJ") under a grant of authority by the FAA to operate 

airports under part 139 of the Federal Aviation Regulations("! 4 CFR part 139"). The 

P ANYNJ is now, and at all times mentioned in this document was, the holder of Airpmt 

Operating Certificates issued under 14 CFR part 139 for JFK, TEB, LGA, and EWR. 

According to the P ANYNJ, during the time period fi·om December 2011 through June 2012, 

the ARFF functions at JFK, TEB, LGA, and EWR, were under the command of the 

Superintendent of the Pmt Authority Police Depmtment ("P APD"). 

3. During the time period fi·om December 2011 through June 2012, the FAA conducted ann11a1 

inspections or investigations of JFK, TEB, LGA, and EWR and found substantial and 

continuing noncompliance by the PANYNJ with training requirements specified in 14 CFR 

part 139 for airport rescue and fire:l:ighting ("ARFF") personnel, as set forth in Appendix A 

of this Order. Appendix A describes the instm1ces of noncompliance of part 139 at each 

airport, identified and supported in the following FAA Enforcement Investigative Reports: 

JF.K, Case No. 2012AGC10027; TEB, Case No. 2012AGC10028; LGA and EWR, Case 

No. 2012AGC10029. Each instance in which the PANYNJ failed to comply with pmt 139 

ARFF training requirements constitutes a separate violation ofthe Federal Aviation 

· Regulations, In addition, Appendix A describes further noncompliance at JFK and EWR, 

identified and supported by JFK Case No. 2013EA800015 and 2013EA800040 and EWR 

Case No. 2013EA800044, that occurred subsequently to the noncompliance with pmt 139 

ARFF training requirements. 

4. Under 49 U.S.C. § 46301(a), with modifications set forth at 14 CFR part 13, subpatt H, the 

PANYNJ is subject to a civil penalty not to exceed $25,000 for each violation occUlTing 

before December 29,2010, and a civil penalty not to exceed $27,500 for each violation 

occurring thereafter, with each day the violation continues constituting a separate violation. 

After considering all the facts and circumstances in Case Numbers 2012AGC10027, 

2012AGC10028, 2012AGC10029, 2013EA800015, 2013EA800040, and 2013EA800044, 

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the FAA has determined that a civil penalty in the amount of$14,925;000.00 is appropriate 

in resolution of all six cases. 

S. The PANYNJ has a history of repeated noncompliance with the ARFF personnel training 

requirements under 14 CFR part 139. Numerous violations occurring between 2002 and 

2004, that were the same as, or substantially similar to, those described in Appendix A, 

Sections A. through E., led to the execution of a Consent Order between the FAA and the 

PANYNJ on February 27,2006. In the Consent Order dated February 27,2006, signed by 

the PANYNJ Chief Operating Officer, the PANYNJ agreed "to ensure that all ARFF 

personnel on the active ARFF duty status at each facility are currently qualified in all areas 

required under part 139 of the FAR" and "to maintain an accurate training record tracking 

system at each Pmt Authority ARFF facility ... " 

6. Since the PANYNJ's receipt of a May 1, 2012, Letter oflnvestigation concerning 

noncompliance with ARFF training requirements at JFK, the PANYNJ has invested 

resources and taken measures to remedy ARFF training recordkeeping and compliance 

issues. The measures are listed below. 

a. PANYNJ filled the positions of Training Sergeants at JFK, LOA, and EWR/TEB with 

personnel who are now solely dedicated to the management of training records for ARFF 

personnel. 

b. A P ANYNJ agency-wide Working Group of ARFF personnel was established to 

coordinate efforts between P ANYNJ Police Depmtment (P APD) and the P ANYNJ 

Aviation Department for all issues concerning part 139 ce1tification. 

c. P ANYNJ General Manager of Airport Certification and Safety was made a direct report 

to the Director of Aviation, elevating the importance of compliance within the agency. 

d. P ANYNJ management directed the Director of Aviation to hire three Airport 

Certification and Safety Managers at JFK, LOA, and EWR/TEB to oversee compliance 

and conduct daily audits of roll calls, under the direction of General Manager of Airport 

Certification and Safety. These positions were filled in September 2012. 

e. To finther improve ARFF operations, PANYNJ has retained the services of a former Fire 

Commissioner for the City of New York to provide expertise and suppmt on the 

development of a stand-alone unit with analysis focused on staffing levels, and training · 

management. 

7. The FAA and the P ANYNJ agree that it is in the best interest of safety and the public interest 

for the P ANYNJ to implement certain additional corrective measures identified in 

Appendices B and C of this Settlement Agreement and Order to address longstanding 

operational and structural issues related to ARFF compliance at JFK, TEB, LOA, and EWR 

that were the primary root causes of the systemic training failures identified in Appendix A, 

Sections A. through C. 

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8. The PANYNJ has completed certain corrective measures outlined in paragraph 6 above and 

in Appendix B, and has agreed to complete by the dates indicated in Appendix C 

("Milestones"), the additional corrective measures outlined in that Appendix. 

9. In consideration of the PANYNJ's agreement to complete the corrective measures in 

Appendices Band C, the FAA and the PANYNJ have reached a settlement of the regulatory 

noncompliance matters identified in Appendix A and are both willing to enter into this 

Settlement Agreement and Order. 

I 0. In determining the terms of this Settlement Agreement and Order and the amounts of civil 

penalty to be paid by the PANYNJ, the FAA considered the PANYNJ's current and planned 

remedial effmts to address the underlying deficiencies at the airports that led to the 

noncompliance and the associated costs of implementing the corrective measures. 

II. The FAA and the P ANYNJ agree that payment of the civil penalty set forth in Section II of 

this Settlement Agreement and Order is fair and reasonable. 

12. In consideration of the mutual covenants and payments described herein, the FAA and the 

PANYNJ agree as follows: 

II. Terms of Settlement Agreement and Order. 

1. The PANYNJ agrees to pay a civil penalty in the amount of $3,500,000.00 no later than 

30 days fi·om the date of the signing of this Settlement Agreement and Order in full and final 

settlement of the apparent regulatory violations identified and described in Appendix A for 

JFK, Case No. 2012AGC10027; TEB, Case No. 2012AGC10028; LGA and EWR, Case 

No. 2012AGC10029; JFK, Case No. 2013EA800015; JFK, Case No. 2013EA800040, and 

EWR Case No. 2013EA800044, that might otherwise be adjudicated by a United States 

District Court or the Department of Transportation Office of Administrative Law Judges. 

2. If the P ANYNJ fails materially to comply with any provision of this Settlement Agreement 

and Order, and after exhaustion ofthe administrative review process set forth in Section IV, 

paragraph 4, the P ANYNJ will pay: 

a. a one-time civil penalty in an amount of$1,500,000.00, and 

b. a civil penalty of$27,500 for each day for each instance that it fails materially to comply 

with any provision of this Settlement Agreement and Order. 

]fat the end of30 days from the date of the final determination by the Associate 

Administrator for Airports under Section IV, paragraph 4 of this Settlement Agreement and 

Order, the P ANYNJ has not materially complied with the provision at issue, the stipulated 

civil penalties shall be triggered, and due and payable within 10 days, without further notice, 

recourse, or appeal. The P ANYNJ agrees that the payment instrument for the stipulated civil 

penalties will be made payable to the Federal Aviation Administration and shall be addressed 

to FAA Mike Monroney Aeronmttical Center A TIN: Kathy Gore, General Accounting, 

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AMZ-350, 6500 South MacArthur Blvd., Oklahoma City, OK 73169, with a copy to the 

Assistant Chief Counsel for Enforcement in FAA Headquarters Office of the Chief Counsel. 

The base case No. 2012AGC10027 will be indicated on the fi·ont of the payment instrument. 

c. After the FAA finds that the terms of this Settlement Agreement and Order have been 

fully complied with, the PANYNJ will no longer be subject to the penalties specified in 

Section II, paragraph 2 of this Settlement Agreement and Order. Once PANYNJ has 

fully complied with the terms, it will advise the FAA in writing. If the FAA finds that the 

terms have been fully complied with, the FAA will so advise the PANYNJ in writing. 

3. The PANYNJ waives its right to seek administrative or judicial review of civil penalties 

imposed for a failure materially to comply with the terms of this Settlement Agreement and 

Order. 

4. The FAA reserves its right to take civil penalty action or any other enforcement action for 

any violations of the Federal Aviation Regulations or 49 U.S.C. Subpart VII committed by 

the PANYNJ subsequent to the signing of this Settlement Agreement and Order. The 

PANYNJ may appeal such action or defend such action in accordance with applicable law. 

5. As provided in Appendix C, the P ANYNJ agrees to establish a separate, stand-alone ARFF 

Cadre, solely responsible for firefighting at JFK, EWR, LGA, and TEB. The ARFF Cadre 

will be established in accordance with the criteria in Appendix C and will be staffed with key 

management positions, as described in the Overview in Appendix D, which includes an 

Organizational Chart and Job Descriptions for those key positions. 

6. In consideration of the covenants and payments set forth in this Settlement Agreement and 

Order, the FAA will not refer the apparent violations identified in Appendix A and JFK, Case 

Nos. 2012AGC10027, 2013EA800015, and 2013EA800040; TEB, Case 

No. 2012AGC10028; LGA and EWR, Case No. 2012AGC10029; and EWR Case 

No. 20 13EA800044 to the appropriate United States Attorney's Office for the filing of a 

complaint in United States District Court or issue a notice of proposed civil penalty under 

14 CFR part 13. 

III. Terms of Payment. 

1. The PANYNJ agrees that the payment instrument under this Settlement Agreement and 

Order will be made payable to the Federal Aviation Administration and shall be addressed to 

FAA Mike Monroney Aeronautical Center ATTN: Kathy Gore, General Accounting, 

AMZ-350, 6500 South MacArthur Blvd., Oklahoma City, OK 73169, no later than 30 days 

from the date of the signing of this Settlement Agreement and Order, with a copy to the 

Assistant Chief Counsel for Enforcement in FAA Headquarters Office of the Chief Counsel. 

The base case No. 2012AGC10027 will be indicated on the front of each payment 

instrument. 

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2. The PANYNJ agrees that this debt is justly due and owing by the PANYNJ, having arisen by 

this Settlement Agreement and Order because of apparent violations under 49 U.S.C. 

§ 46301 and the Federal Aviation Regulations. 

3. The P ANYNJ agrees that in the event of default or failure to fully carry out the monetary 

obligations ofthis Settlement Agreement and Order, the FAA may sue to enforce collection 

of the monetary obligations contained in this Settlement Agreement and Order. 

IV. Waiver of Rights and Enforcement of the Terms of this Agreement. 

1. The PANYNJ waives any and all rights to further notice of the allegations in Appendix A 

concerning violations ofl4 CFR part 139. 

2. The P ANYNJ waives any right to appeal or otherwise seek judicial or administrative review 

of this Settlement Agreement and Order. 

3. The FAA reserves the right to judicially enforce the terms and provisions of this Settlement 

Agreement and Order under 49 U.S.C. § 46106. 

4. The FAA Associate Administrator for Airports, upon the written recommendation of the 

FAA Office of Airpmt Safety and Standards and the FAA Eastern Region Office of Airports, 

will determine whether the P ANYNJ has successfully completed to the satisfaction of the 

FAA the corrective measures identified in Appendix C by the dates indicated in that 

Appendix and any obligations in Appendix D. The recommendation will include the 

rationale underlying the determination and shall specify what, if anything, the FAA believes 

the P ANYNJ must do to comply with its obligations under this Settlement Agreement and 

Order. A copy will be provided to the PANYNJ, which will have 30 days from receipt to 

rebut the recommendation to the Associate Administrator for Airports, who will make the 

final determination within 30 days of receipt ofthePANYNJ's rebuttal. This determination 

must be reasonable and based on the facts and merits ofthe pmties' respective positions. If 

at the end of30 days from the date of the final determination by the Associate Administrator 

for Airports, the PANYNJ has not materially complied with the obligation at issue, the 

additional civil penalties set fmth in Section II, paragraph 2 of this Settlement Agreement 

and Order shall be triggered, and due and payable within 10 days, without f\nther notice, 

recourse, or appeal. 

5. These terms shall constitute a full settlement and release of any and all civil penalties that 

could have been sought from the PANYNJ as a result of the alleged violations in Appendix A 

and the following enforcement investigative repmts: JFK, Case No. 2012AGC10027; TEB, 

Case No. 2012AGC10028; LGA and EWR, Case No. 2012AGC10029; JFK, Case 

No. 2013EA800015; JFK, Case No. 2013EA800040, and EWR Case No. 2013EA800044. 

6. This Settlement Agreement and Order is civil in nature and is not intended to, nor does it, 

address any possible criminal matters. Nor does it preclude suspension or revocation of any 

airport operating certificate(s) based on future evidence raising a reasonable question 

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regarding the PANYNJ's qualification to hold such ce1iificate(s) or showing a lack of 

qualification to hold such certificate(s). 

7. As of the date of this Settlement Agreement and Order, the FAA has found no basis in the 

evidence gathered for a referral for any criminal action to any other agency. Further, the 

FAA is aware of no evidence as of the date of this Settlement Agreement and Order that 

would wan·ant suspension or revocation of the PANYNJ's Airport Operating Certificates at 

JFK, EWR, LGA, or TEB. 

V. No Admissions. 

Execution of this Settlement Agreement and Order and payment ofthe agreed-upon amount of 

civil penalty to the FAA do not constitute a finding of violation by the FAA or an admission of 

any wrongdoing by the P ANYNJ. In addition, this Settlement Agreement and Order is being 

entered into for settlement and compromise purposes only in accordance with Federal Rules of 

Evidence and applicable state rules. 

VI. Capacity to Execute Agreement. 

The representative of each party signing this Settlement Agreement and Order warrants that he or 

she is duly authorized to do so. 

VII. Photocopy/Facsimile/PDF. 

A photocopy, facsimile, or PDF copy of this Settlement Agreement and Order shall have the 

same force and effect as an original of this Settlement Agreement and Order. 

VIII. No Individual Liability. 

No Commissioner, officer, agent or employee of the P ANYNJ shall be charged personally by the 

FAA with any liability or held liable to the FAA under any term or condition of this Settlement 

Agreement and Order, or because of its execution or attempted execution or because of any 

breach or attempted or alleged breach thereof. 

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IX. Modification of Agreement. 

The PANYNJ and the FAA agree that this Settlement Agreement and Order may be modified for 

cause, provided both parties consent to such modification. 

SO AGREED: 

FOR THE FEDERAL AVIATION ADMINISTRATION 

Kathryn B. Thomson 

Chief Counsel 

Dated this 8"' of Apri12013. 

FOR THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY 

Patrick Foye 

Executive Director 

Dated this 81

" day of Apri12013. 

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APPENDIX A 

NONCOMPLIANCE WITH 14 CFR PART 139 

A. JFK, FAA Case No. 2012AGC10027 

!. The Port Authority ofNew York and New Jersey ("PANYNJ') operates and controls JFK. 

2. As the certificate holder, the PANYNJ is required to comply with.all requirements of 14 CFR 

pa1i 139, including but not limited to the requirement under 14 CFR § 139.201(a) to comply 

with its Airpmt Certification Manual ("ACM") and the requirements under 14 CFR 

§ 13 9 .319(i)(2) to ensure that "all rescue and firet1ghting personnel are properly trained to 

perform their duties in a manner authorized by the Administrator." 

3. As set forth in the ACM for JFK, at all times mentioned in this letter, the PANYNJ delegated 

to the Port Authority Police Department ("PAPD") the authority to train all airport rescue and 

firefighting ("ARFF") personnel at JFK and maintain the required ARFF training records for 

those personnel. 

4. The ACM for JFK incorporates the part 139 ARFF training curriculum requirements. 

5. From December 5-12, 2011, the FAA conducted an annual certification safety inspection of 

JFK. 

6. During the December 2011 annual inspection, the FAA Airport Ce1tification Inspector 

requested that the P ANYNJ provide ARFF training records for the 2011 calendar year at 

JFK. 

7. The PANYNJ failed to furnish those records to the FAA during the inspection. 

8. The FAA provided the PANYNJ extensions oftime until April30, 2012, to make ARFF 

training records available to the FAA for inspection. 

9. The PANYNJ failed to submit the ARFF training records timely by April30, 2012. 

I 0. The PANYNJ did not provide complete ARFF training records to the FAA until June 6, 

2012. 

11. On May 1, 2012, the FAA issued a letter of investigation to the PANYNJ advising that 

despite its requests, it had not received ARFF training records for active personnel and that 

the lack of training records for active firefighters may indicate a violation of the ACM. 

12. On May 9; 2012, the PANYNJ issued a Command Order directing that Tour Commanders 

"ensure that Officers and Sergeants assigned to ARFF Crash Fire Rescue posts are fully 

compliant with FAA 139 training requirements when reviewing and approving a roll call." 

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13. On each day during the time period from December I, 2010, through June 5, 2012, the 

PANYNJ failed to ensure that all rescue and firefighting personnel at JFK were trained to 

perform their duties in a manner authorized by the Administrator as set fmih in JFK's ACM. 

14. From December I, 2010, through June 5, 2012, untrained rescue and firefighting personnel 

repeatedly performed active ARFF duty at JFK. 

15. Notwithstanding the May 9, 2012, Command Order, the PANYNJ allowed 77 police officers 

who were untrained to serve on 357 shifts during the time period fi·om May 11, 2012 through 

June 5, 2012 at JFK. 

16. Based on the facts set forth in paragraphs A. 13 through 15 above, the PANYNJ failed to 

comply with the ACM for JFK as approved by the Administrator. 

By reason of the foregoing facts and circumstances, it appears that the PANYNJ violated the 

following sections of the Federal Aviation Regulations with regard to JFK: 

a. 14 CFR § 139.201(a), in that itfailed to comply with its ACM as approved by the 

Administrator. 

b. 14 CFR § 139.301(a), in that it fuiled to furnish upon request by the Administrator 

records required to be maintained under part 139. 

c. 14 CFR § 139.319(i)(2), in that it failed to ensure that all rescue and firefighting 

personnel are properly trained to perform their duties in a manner authorized by the 

Administrator. 

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B. TEB, FAA Case No. 2012AGC10028 

1. The PANYNJ operates and controls TEB. 

2. As the certificate holder, the PANYNJ is required to comply with all requirements of 14 CFR 

pati 139, including but not limited to the requirement under 14 CFR § 139.20l(a) to comply 

with its ACM and the requirements under 14 CFR § 139.319(i)(2) to ensure that "all rescue 

and firefighting personnel are properly trained to perform their duties in a manner authorized 

by the Administrator." 

3. As set forth in the ACM for TEB, at all times mentioned in this letter, the PANYNJ 

delegated to the PAPD the authority to train all ARFF personnel at TEB and maintain the 

required ARFF training records for those personnel. 

4. The ACM for TEB incorporates the part 139 ARFF training curriculum requirements. 

5. The ACM for TEB also incorporates the pmt 139 fueling personnel training requirements. 

6. The ACM for TEB requires that all fueling agents engaged in handling and dispensing fuel at 

the airport, shall submit written certification to airpmt management once every 12 months 

that the above training standards have been accomplished. The records shall be maintained 

for at least 12 months. 

7. Though not required for an airport of its size, on January 20, 2012, TEB voluntarily updated 

its ACM to incorporate pmt 139 initial driver training requirements at Section 329(1) of the 

ACM, which provides in relevant part: 

All personnel that have unescmted access to the movement areas and safety areas 

are required to complete Teterboro Airpmt's Ground Vehicle Operations Training 

Program that is part of the initial and recurrent part 139 training program. 

8. From June 12-14,2012, the FAA conducted an annual certification safety inspection ofTEB. 

9. During the time period from January 1, 2011, through June 9, 2012, the PANYNJ failed to 

ensure for 39 days that all rescue and firefighting personnel at TEB were trained to perform 

their duties in the manner authorized by the Administrator as set forth in TEB's ACM. 

10. During the time period from January 1, 2011, through June 9, 2012, the PANYNJ failed to 

complete for 153 days initial driver training for rescue and firefighting personnel as set forth 

in TEB's ACM. 

11. During the time period fi·om January 1, 2011, through June 9, 2012, the PANYNJ failed to 

ensure for 269 days that all employees at TEB who fuel aircraft, accept fuel shipments, or 

otherwise handle fuel received recurrent training every 24 consecutive calendar months in 

fire safety. 

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12. Based on the facts set forth in paragraphs B.9 through 11 above, the PANYNJ failed to 

comply with the ACM for TEE as approved by the Administrator. 

By reason of the foregoing facts and circumstances, it appears that the PANYNJ violated the 

following sections of the Federal Aviation Regulations with regard to TEB: 

a. 14 CFR § 139.20l(a), in that it failed to comply with its ACM as approved by the 

Administrator. 

b. I 4 CFR § l39.319(i)(2), in that it failed to ensure that all rescue and firefighting 

personnel are properly trained to perform their duties in a manner authorized by the 

Administrator. 

c. 14 CFR § 139.321(e)(2), in that it failed to ensure that all other employees who fuel 

aircraft, accept fuel shipments, or otherwise handle fuel must receive at least initial onthe~ob training and recunent instruction every 24 consecutive calendar months in fire 

safety. 

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C. LGA and EWR, FAA Case No. 2012AGC10029 

I. The PANYNJ operates and controls LGA and EWR airports. 

2. As the certificate holder, the PANYNJ is required to comply with all requirements of 14 CFR 

part 139, including but not limited to the requirement under 14 CFR § 139.201(a) to comply 

with its ACM and the requirements under 14 CFR § 139.319(i)(2) to ensure that "all rescue 

and firefighting personnel are properly trained to perform their duties in a manner authorized 

by the Administrator." 

3. As set forth in the ACM for LGA and EWR, respectively, at all times mentioned in this 

letter, the P ANYNJ delegated to the P APD the authority to train all ARFF personnel. 

4. The ACM for LGA incorporates the part 139 ARFF training curriculum requirements. 

5. The ACM for EWR incorporates the part 139 ARFF training curriculum requirements. 

6. As a result of the annual inspection findings at JFK and TEB set forth in Section A. and B. 

above, the FAA conducted a special inspection of ARFF training, covering the time period 

from January 1, 2011, through June 9, 2012, at LGA, EWR, and Stewart International 

Airpmt, all of which are airports under the operation and control of the PANYNJ. 

7. The FAA found Stewart International Airpmt in compliance with ARFF training 

requirements. 

8. Dming the time period fi·om January 1, 2011, through June 9, 2012, the PANYNJ failed to 

ensure for 341 days that all rescue and firefighting personnel at LGA were trained to perform 

their duties in the manner authorized by the Administrator as set forth in LGA's ACM. 

9. During the time period from January 1, 2011, through June 9, 2012, the PANYNJ failed to 

ensure for 378 days that all rescue and firefighting personnel at EWR were trained to perform 

their duties in the manner authorized by the Administrator as set forth in EWR's ACM. 

10. Based on the facts set forth in paragraphs C. 8 above, the PANYNJ failed to comply with the 

ACM for LGA as approved by the Administrator. 

11. Based on the facts set fmth in paragraphs C. 9 above, the PANYNJ failed to comply with the 

ACM for EWR as approved by the Administrator. 

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By reason of the foregoing facts and circumstances, it appears that the PANYNJ violated the 

following sections of the Federal Aviation Regulations with regard to LGA and EWR 

respectively: 

a. 14 CFR § 139.20l(a), in that it failed to comply with its ACM as approved by the 

Administrator. 

b. 14 CFR § 139.319(i)(2), in that it failed to ensure that all rescue and firefighting 

personnel are properly trained to perform their duties in a manner authorized by the 

Administrator. 

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D. JFK, FAA Case No. 2013EA800015 

1. The Port Authority of New York and New Jersey ("PANYNJ") operates and controls JFK. 

2. As the certificate holder, the PANYNJ is required to comply with all requirements of 14 CFR 

part 139, including but not limited to the requirement under 14 CFR § 139.20l(a) to comply 

with its Airport Certification Manual ("ACM") and the requirements under 14 CFR 

§ 139.3l9(i)(2) to ensure that "all rescue and firefighting personnel are properly trained to 

perform their duties in a manner authorized by the Administrator." 

3. The ACM for JFK incorporates the ARFF part 139 training curriculum requirements. 

4. On December 3, 2012, the PANYNJ failed to ensure that all rescue and fii·efighting personnel 

at JFK were trained to perform their duties in a manner authorized by the Administrator as 

set forth in JFK's ACM. 

5. On December 3, 2012, an untrained rescue and firefighting individual performed active 

ARFF duty at JFK. 

6. Based on the facts set forth in paragraphs 4 and 5 above, the PANYNJ failed to comply with 

the ACM for JFK as approved by the Administrator. 

By reason of the foregoing facts and circumstances, it appears that the P ANYNJ violated the 

following sections of the Federal Aviation Regulations with regard to JFK: 

a. 14 CFR 139.201(a), in that it failed to comply with its ACM as approved by the 

Administrator. 

b. 14 CFR 139 .319(i)(2), in that it failed to ensure that all rescue and firefighting personnel 

are properly trained to perform their duties in a manner authorized by the Adminish·ator. 

14 
E. JFK, FAA Case No. 2013EA800040 

1. The Port Authority of New York and New Jersey ("PANYNJ") operates and controls JFK. 

2. As the certificate holder, the PANYNJ is required to comply with all requirements of 14 CPR 

part 139, including but not limited to the requirement under 14 CFR § 139.201(a) to comply 

with its Airport Certification Manual ("ACM'') and the requirements under 14 CFR 

§ 139 .319(i)(2) to ensure that "all rescue and firefighting personnel are properly trained to 

perform their duties in a manner authorized by the Administrator." 

3. The ACM for JFK incorporates the ARFF part 139 training curriculum requirements. 

4. On January 2 and 3, 2013, the PANYNJ failed to ensure that all rescue and firefighting 

personnel at JFK were trained to perform their duties in a manner authorized by the 

Administrator as set forth in JFK's ACM. 

5. On January 2 and 3, 2013, an untrained rescue and firefighting individual performed active 

ARFF duty at JFK. 

6. Based on the facts set forth in paragraphs 4 and 5 above, the PANYNJ failed to comply with 

the ACM for JFK as approved by the Administrator. 

By reason of the foregoing facts and circumstances, it appears that the PANYNJ violated the 

following sections ofthe Federal Aviation Regulations with regard to JFK: 

a. 14 CFR 139.201(a), in that it failed to comply with its ACM as approved by the 

Administrator. 

b. 14 CFR 139.319(i)(2), in that it failed to ensure that all rescue and firefighting personnel 

are properly trained to perform their duties in a manner authorized by the Administrator. 

15 
F. EWR Case No. 2013EA800044 

I. The P ANYNJ operates and controls EWR airport. 

2. As the certificate holder, the PANYNJ is required to comply with all requirements of 14 CFR 

part 139, including but not limited to the requirement under 14 CFR § 139.20l(a) to comply 

with its Airport Certification Manual ("ACM") and the requirements under 14 CFR 

§ 139.303(c) to ensure that it trains "all personnel who access movement areas and safety 

areas and perfmm duties in compliance with the requirements of the ACM and the 

requirements of 14 CFR part 139. 

3. The ACM for EWR incorporates requirements for wildlife hazard management training in 

accordance with 14 CFR § 139.337. 

4. During the time period from March 2011 through August 2012, the PANYNJ failed to ensure 

that four airport personnel received required recurrent training on wildlife hazard 

management in accordance with the EWRACM. 

5. During the time period from March 2011 through August 2012, the four airport personnel 

referenced in paragraph 4 worked a total of seven shifts when they had not received the 

required recurrent training on wildlife hazard management. 

6. Based on the facts set forth in paragraphs 4 and 5 above, the PANYNJ failed to comply with 

the ACM for EWR as approved by the Administrator. 

By reason ofthe foregoing facts and circumstances, it appears that the PANYNJ violated the 

following sections of the Federal Aviation Regulations with regard to EWR: 

a. 14 CFR § 139.20l(a), in that it failed to comply with its ACM as approved by the 

Administrator. 

b. 14 CFR § 139.303(c), in that it failed to train all personnel who access movement areas 

and safety areas and perform duties in compliance with the requirements of its ACM and 

14 CFR part 139. 

16 
APPENDIXB 

Corrective Measures to Remediate Systemic ARFF Training Noncompliance- Completed 

1. The PANYNJ may not delegate ARFF responsibilities under 14 CFR part 139 to the Police 

Depat1ment, and within 30 days of the date ofthis Settlement Agreement and Order, the 

Airport Certification Manuals for JFK, EWR, LGA, and TEB ("ACMs") must be amended to 

reflect this prohibition. 

COMPLETED ON: November 16, 2012. 

2. Within 30 days of the date of this Settlement Agreement and Order, the PANYNJ agrees, in a 

manner approved by the Administrator, to amend its ACMs, to include the following: 

a. An organizational chart reflecting the structural changes in this Appendix. 

b. The process of how the PANYNJ maintains and oversees the requirements of 14 CFR 

part 139 at JFK, EWR, LOA, and TEB, including the maintenance of ARFF training 

records through the PANYNJ Department of Aviation. 

c. A description of ARFF operations at JFK, EWR, LOA, and TEB, including revised initial 

and recurrent training program, procedures, shift assignments, Department of Aviation 

oversight, and personnel training records management. 

COMPLETED ON: November 16,2012. 

3. Within 30 days of the date of this Settlement Agreement and Order, the PANYNJ agrees, in a 

manner approved by the Administrator, that the P ANYNJ' s Department of Aviation will 

possess all authority to develop, implement, maintain, and oversee policies, training, 

operations, and recordkeeping for all 14 CFR part 13 9 activities, including ARFF. The 

PANYNJwill: 

a. Create a centralized, quality control manager who reports to the Director ofthe 

Depat1ment of Aviation responsible for 14 CFR pm1139 oversight and compliance at all 

airports operated and controlled by the PANYNJ. 

COMPLETED ON: November 16, 2012. 

b. Develop and add to the ACMs a procedure for ensuring daily that all records, including 

ARFF shift assignments, meet both the PANYNJ's and 14 CFR part 139 requirements. 

COMPLETED ON: November 16,2012. 

4. Within 30 days of the date of this Settlement Agreement and Order, the PANYNJ agrees to 

amend its ACMs to ensure that any changes made to the qualified ARFF roster will be sent to 

the Department of Aviation to confirm compliance with 14 CFR part 139 within 24 hours of 

any changes. 

COMPLETED ON: November 16,2012. 

17 
5. On or before March 31, 2013, the PANYNJ will submit changes to its ACMs to provide that 

it must conduct: 

a. Monthly internal audits of ARFF training and shift assignments to ensure that no ARFF 

personnel were assigned to a shift who did not meet 14 CFR part 139 requirements. 

Internal audits may not be conducted by the same personnel assigned to daily quality 

control review; and 

b. Annual external audits of ARFF training and shift assignments to ensure that no ARFF 

personnel were assigned to a shift who did not meet 14 CFR part 139 requirements. 

COMPLETED ON: March 28,2013. 

18 
APPENDIXC 

Corrective Measures to Remediate Systemic ARFF Training NoncomplianceObligations and Milestones to be Completed 

1. On or before October 31, 2013, the PANYNJ will establish and implement a redundant 

credentialing system that will be fully operational and designed to prohibit the assignment of 

unqualified ARFF personnel (those who do not have required training) to ARFF shifts and 

will submit a change to incorporate the automated credentialing system in the ACM. 

2. On or before March 31, 2014, the PANYNJ will establish a stand-alone ARFF Cadre, 

separate from the Port Authority Police Department, under the authority of the PANYNJ for 

which the criteria, requirements, and terms of establishment are documented in the ACM for 

each airport. The terms of establishment and requirements for the Port Authority ARFF 

Cadre, which must be included in the ACMs, are the following: 

a. The terms governing the establishment oftheARFF Cadre and its full operation cannot 

be modified without the consent of the FAA. 

b. ARFF Cadre Firefighters will perform only ARFF duties and no collateral duties as 

Police Officers, except for the following: 

i. On days they are not scheduled to perfmm ARFF duties, ARFF Cadre Firefighters 

may attend only firearms training and any other training required under State law up 

to 36 hours to maintain their status as sworn Police Officers. 

ii. ARFF Cadre Firefighters are prohibited fi·om performing non-ARFF duties, including 

police duties, except to the extent permitted under 14 CFR § 139.113. 

c. ARFF Cadre Firefighters will not perform overtime for police duties or any non-ARFF 

function. 

d. The P ANYNJ intends to recruit ARFF Cadre Firefighters fi·om the current and future 

pools of trained and documented P APD Police Officers. Any additions to the ARFF 

Cadre will be subject to the same limitations on the ARFF Cadre as set fmih in 

Appendix C of this Settlement Agreement and Order. 

e. ARFF Cadre Firefighters will commit to a minimum of five years of service to the ARFF 

Cadre, except for 1) retirement, 2) voluntary or involuntary termination from PANYNJ 

service, or 3) opportunity for promotion to another rank. 

f. The ARFF Cadre will report to the Depatiment of Aviation. In addition, the ARFF Fire 

Chief will report to the Chief Security Officer and will oversee ARFF technical standards 

as reflected in Appendix D. 

19 
3. On or before September 30, 2013, the Chief Security Officer will be initially trained in 

14 CFR part 139 via industry-related courses such as Basic Airport Safety and Operations 

Specialist School ("ASOS"). · 

4. On or before March 31, 2014, the PANYNJ will accomplish the following milestones with 

respect to the ARFF Cadre: 

a. Understanding that the goal is to retain the ARFF Fire Chief as soon as is practicable, the 

ARFF Fire Chief will be hired and on duty and present at the PANYNJ offices or 

facilities. 

b. Understanding that the goal is to retain the ARFF Facility Captains as soon as is 

practicable, the ARFF Facility Captains will be hired and on duty and present at their 

respective facility. 

c. The Pmt Authority will select the ARFF Cadre personnel, and they will be on dnty and 

present at their respective facility. 

d. The Port Authority will implement a 12-honr shift duration for the stand-alone ARFF 

Cadre. 

5. On or before October 31, 2013, the PANYNJ will submit to the FAA for its review draft 

updated ACMs and AEPs that incorporate the new ARFF Cadre, how it will function, and 

how the ARFF Cadre will respond to airport emergencies. Appendix D to this Settlement 

Agreement and Order sets fmth an overview fur those ARFF functions, the ARFF 

organizational chart, and a description of key ARFF management positions. 

6. On or before March 1, 2014, the PANYNJ will submit updated ACMs andAEPs acceptable 

to the FAA that incorporate the new ARFF Cadre, how it will function, and how the ARFF 

Cadre will respond to airport emergencies. 

7. All current and future ARFF Cadre personnel will receive National Fire Protection 

Association (NFPA) training or its equivalent at a level above the requirements set forth in 

14 CFR § 139.319. This training is in addition to the required 14 CFR part 139 ARFF 

training. This training will be developed and completed in accordance with the following 

milestones: 

a. On or before December 31, 2013, the PANYNJ will submit to the FAA for approval a 

training curriculum that will provide for at least 75 hours of initial, and 40 hours of 

annual recurrent, coursework and skill training from a combination of Firefighter I and 

Firefighter II training as defined by the NFP A. 

b. On or before October 31, 2014, all ARFF Cadre personnel on board as of March 31, 

2014, will complete 75 hours of initial coursework and training in accordance with the 

curriculum approved by the FAA under Appendix C, subparagraph 8.a. of this Settlement 

Agreement and Order. Each subsequent year following completion of the 75 hours of 

20 
coursework and skill training, ARFF Cadre personnel will complete at least 40 hours of 

recurrent coursework and skill training in accordance with the curriculum approved by 

the FAA under Appendix C, subparagraph 8.a. of this Settlement Agreement and Order. 

Any ARFF Cadre personnel who can demonstrate to the satisfaction of the FAA that they 

have successfully completed NFPA Firefighter ·n training or its equivalent are exempt 

fi·om the initial75 hours of training agreed upon by the PANYNJ and the FAA. 

c. Individuals added to the ARFF Cadre after March 31,2014, must complete the 75 hours 

of initial training within a year of their start date with the ARFF Cadre and the 40 hours 

of recurrent training each subsequent year. 

8. On or before March 1, 2014, the PANYNJ will make a good faith effort to submit to the FAA 

for approval updates to all mutual aid agreements, as necessary, to incorporate and reflect the 

new ARFF Cadre functions and responsibilities. 

9. On or before January 1, 2014, the PANYNJ will submit to the FAA a plan acceptable to the 

FAA for ensuring safety on the airfield and the performance of all safety-related functions as. 

they relate to the PANYNJ mutual aid partners, to the extent the mutual aid agreements 

cannot be updated by March 1, 2014. 

10. Each mutual aid agreement is subject to approval by the FAA in accordance with pmt 139 of 

the Federal Aviation Regulations. 

11. Within 30 days of the date of the signing of this Settlement Agreement and Order, the 

P ANYNJ will submit to the FAA a plan for how the P ANYNJ will meet the obligations and 

implementation dates in Appendix C. Beginning 30 days from the date of the signing of this 

Settlement Agreement and Order, the PANYNJ and the FAA agree to have monthly status 

meetings where the PANYNJ will provide the FAA with status repmts on its completion of 

this plan to accomplish the obligations in Appendix C. 

21 
APPENDIXD 

Overview of Separate ARFF Cadre for the Port Authority of New York aud New Jersey 

The Port Authority will manage all part 139 requirements through the Depattment of Aviation, 

including Ail-craft Rescue and Firefighting (ARFF). By March 31, 2014, the Port Authority will 

establish a separate ARFF Cadre that reports to the Department of Aviation. 

Newark International (EWR)/Teterboro (TEB), John F. Kennedy International (JFK), and 

LaGuardia Airport (LGA) (the "Facility" or collectively, the "Facilities") will each have its own 

ARFF Captain, who reports to his or her respective Manager of Operations. The Department of 

Defense (DOD) provides all ARFF services to Stewatt International (SWF). 

ARFF Captains are the Commanding Officers of the ARFF Cadre at the Facilities. The ARFF 

Captains are responsible for meeting part 139 ARFF requirements. These ARFF Captains report 

directly to the Managers of Airport Operations. 

ARFF personnel in the ARFF Cadre report to the ARFF Captain at their respective Facility. 

They will be selected and assigned in accordance with the Collective Bargaining Agreement 

(CBA). All hiring, promotion and discipline will be handled in accordance with the CBA. The 

ARFF Captain, who is a member of the Department of Aviation, will initiate disciplinary action. 

The Fire Chief, who reports to the Chief Security Officer (CSO), is a technical expert and is 

responsible for personnel matters in accordance with the CBA. The Fire Chief has overall 

responsibility for developing and delivering standardized ARFF training in coordination with the 

General Manager of Airpmt Cettification and Safety. The ARFF Fire Chief will oversee the 

ARFF Training Academy operation. Additionally, the Fire Chief will work closely with the 

General Manager of Airport Certification and Safety, the Airpmt General Managers, and the 

Facility ARFF Captains to ensure that part 139 ARFF requirements are met. 

The CSO is a direct report to the Executive Director. The CSO is responsible for the security 

and safety of all Pmt Authority facilities and oversees all' security and safety operations to 

include the Port Authority Public Safety Department, the ARFF Training Academy, and the 

Security Depattment. The Fire Chief, the Chief of the Port Authority Police, and the Director of 

the Security Department, have the same positional authority and report to the CSO. 

22 
ARFF Position Descriptions (See Appendix E) 

Chief Security Officer (CSO) 

The Chief Security Officer (CSO), who reports to the Executive Director, is responsible for the 

security and public safety of all Facilities. The CSO oversees all security and public safety 

operations to include the Port Authority Public Safety Department, the Security Department, and 

the ARFF Fire Chief. The CSO will also oversee the development of standardized policies and 

procedures related to the security and public safety of Port Authority assets. The CSO is 

responsible for assuring that training is available and conducted to meet Port Authority personnel 

requirements for the areas mentioned above, including ARFF Cadre personnel at each Facility. 

Fire Chief 

The Fire Chief repmts to the Chief Security Officer and is responsible for ARFF personnel 

matters in accordance with the CBA. The Fire Chief supervises the ARFF Training Captain and 

is the technical ARFF subject matter expert for the Pmt Authority. The Fire Chief coordinates 

with the General Manager of Airport Certification and Safety and ARFF Fire Captains to 

develop and deliver standardized ARFF training, technical standards, and standard operating 

procedures to ensure that part 139 ARFF requirements are met. The PANYNJ will develop and 

use minimum qualification standards acceptable to the FAA for the ARFF Cadre Fire Chief. 

Captain of the ARFF Training Academy 

The Captain of the ARFF Training Academy reports to the Fire Chief and will develop and 

implement the ARFF training curriculum to include initial and recurrent training and airportspecific training programs and materials. The Captain of the ARFF Training Academy will be 

responsible for providing completed training records to ARFF Captains at the facilities. 

Director of Aviation 

The Director of Aviation has overall authority and responsibility for all Pmt Authority airports 

and is responsible for the airports' compliance with all aspects of part 139 including ARFF. The 

Department of Aviation is responsible for maintaining official training records for the ARFF 

Cadre at the airport and in accordance with each airport's Airport Certification Manual. 

General Manager, Airport Certification and Safety 

The General Manager of Airport Certification and Safety reports to the Director of Aviation. 

The General Manager of Airport Cettification and Safety oversees compliance with part 139 

ce1tification and safety standards at all Pmt Authority airports. TI1e General Manager of Airport 

Certification and Safety acts as a principal liaison to the FAA for airpmt certification matters and 

coordinates with the Fire Chief on ARFF training. 

Airport General Manager 

The General Manager reports to the Director of Aviation and has overall responsibility for the 

Airport as delegated by the Director of Aviation. This includes authority and responsibility for 

part 139 compliance. In addition, the General Manager has budgetary authority to allocate 

resources necessary to implement and operate the ARFF Cadre. 

23 
Manager, Airport Operations 

The Manager of Airport Operations reports to the General Manager for overseeing all part 139 

regulatory requirements including ARFF. The ARFF Captain is a direct report. 

ARFF Captain 

The ARFF Captain is the Commanding Officer of the ARFF Cadre at the facility and supervises 

ARFF Personuel. He or she reports directly to the Manager, Airport Operations. The ARFF 

Captain is responsible for ensuring that only qualified and trained personnel are assigned to 

ARFF positions. The ARFF Captain implements part 139 ARFF requirements at each Facility. 

The ARFF Captain coordinates with the Fire Chief on training, personnel, and technical 

standards at their Facility. 

24 
I 

r- Chief Security Officer 

I D 

Chief of Chief of Fire Chief Police Security 

' ' ' Captain ' ' ' ARFF ' ' ' Training ' ' ' ' ' ' ! 

ARFF 

Captain 

APPENDIXE 

ARFF Organizational Chart 

Executive Director 

General Manager, 

----------- Airport Certification & 

Safety 

I 

Landside 

25 

I 

Directo

Aviati

_I_ 

Airp

General M

Deputy Gene

I 

Mana

Airport Op

I 

Airside