HomeMy WebLinkAbout2015-03-09 15-102 ORDERCOUNCIL ACTION
Item No. 15-102
Date: March 9, 2015
Item/Subject: ORDER, Authorizing Execution of Settlement Agreement with Federal Aviation
Administration (FAA)
Responsible Department: Legal
Commentary: This order will authorize execution of settlement agreement in the amount of
$35,000 with Federal Aviation Administration. On January 11, 2014 freezing rain caused
significant icing on the taxiways at Bangor International Airport. The icing resulted in the front
wheels of a commercial aircraft slipping from the taxiway onto the grass. Although the incident
did not result in any damage to the aircraft or injuries the incident was reported to the FAA and
an investigation was conducted. In October 2014, the FAA issued the City a "Notice of Proposed
Civil Penalties" noting that the Airport needed to improve some training, communications, and
procedures. Additionally, the Notice included a civil penalty of $95,000. In January, City staff
reviewed the incident with the FAA and had demonstrated that the Airport had corrected all
deficiencies noted in the October report. The FAA concurred with the City and as a result,
reduced the proposed penalty to $35,000. On February 26th, the FAA did a follow up inspection
during a snowstorm and found that Airport and Airport staff were in full compliance with the
rules and procedures. Staff reviewed this in Executive Session on February 23, 2015 and
recommends approval.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Passage
First Reading
Referral
Department Head
a�
City Manager
Finance Director
Page _ of _
City Solicitor
15-102
MARCH 9, 201.5
Assigned to Councilor Graham
CITY OF BANGOR
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(TITLE.) ORDER, Authorizing Execution of Settlement Agreement with Federal Aviation
Administration
WHEREAS, on January 11, 2014 as a result of freezing rain conditions causing ice on the
runway and taxiways at Bangor International Airport, a Delta aircraft slid off the taxiway onto
the grass; and
WHEREAS, although it resulted in no injuries or property damage, it was an incident that
required a report to and an investigation by the Federal Aviation Administration (FAA); and
WHEREAS, on October 30, 2014 the FAA, after conducting its investigation, sent the City a
"notice of Proposed Civil Penalty" noting its opinion that Bangor International Airport had been
deficient in some of its procedures, training, and communication and recommending a fine of
$95,000; and
WHEREAS, Bangor International Airport, prior to the findings by the FAA and in response to its
review of its operation had implemented numerous changes to address some of the issues later
Identified by the FAA; and
WHEREAS, after an informal conference with the FAA to discuss the issues and proposed
penalty, the FAA has reduced the proposed penalty to $35,000.
By the 01y Council of the Oty of Bangor.
ORDERED,
THAT Norman S. Heitmann, III, City Solicitor, is hereby authorized to execute a Settlement
Agreement between the City of Bangor and the Federal Aviation Administration. Said
Agreement is attached hereto.
IN CITY COUNCIL
MARCH 9, 2015
PASSED
CITY CLERK
U.S. Department
of Transportation
Federal Aviation
Administration
February , 2015
Office of the Chief Counsel
New England Region
City of Bangor, Maine, FAA Case #2014NE800006
SETTLEMENT AGREEMENT
15-102
MARCH 9, 2015
12 New England Executive Park
Burlington, MA 01803
1. Parties: This Settlement Agreement (Agreement) is entered into between the Federal
Aviation Administration (FAA) and City of Bangor, Maine ("Bangor") in regards to
the above -referenced matter. Collectively, all of the above will be referred to as "the
Parties."
2. Terms and Conditions: The Parties agree as follows:
a. The FAA agrees to issue an Order Assessing Civil Penalty in the amount of
$35,000.
b. Bangor agrees to pay the above -referenced civil penalty within sixty (60) days
of receipt of the Order Assessing Civil Penalty.
c. Bangor agrees to waive its right to appeal this matter to the Department of
Transportation or any other forum.
JOHN R. DONNELLY
Senior Attorney
Federal Aviation Administration
12 New England Executive Park
Burlington, MA 01803
781-238-7045
john.donnelly@faa.gov
NORMAN S. HEITMANN, III
City of Bangor, Maine
City Solicitor