1. Blank slide

2. Aviation Policy on Fires
This presentation developed by the PNWCG Aviation Working Team
The focus is on aviation in the fire environment, but agency aviation policy applies to ALL aviation activities (fire and non-fire).
The focus is also on POLICY, not the perceived aviation safety standards of an agency.
PNWCG
Aviation Working Team

3. Objectives Clarify Policy Differences
Discuss Application of Policies on Interagency Basis
Address Aviation Policy Questions
Objectives:
1. Clarify aviation policy differences between agencies within the Pacific
Northwest
2. Discuss issues involving the integration of multi-agency aircraft on
an incident
3. Provide a forum to address aviation policy questions

4. Why Policy? to Promote Safety Accidents & Incidents
Legal & Fiscal Liabilities
There was little to no policy in the 1940’s when we dropped SJ’s from Ford Tri-Motors and retardant from bi-planes.
Q: Lots of policy today….why???
Click…
1. Bent metal and Spilled Blood!!!
2. Agencies are held liable with both legal and fiscal consequences.
3. Agency Administrator’s mandating corrective action to prevent future
liabilities and to Promote Safety.
Stress: Accident Prevention is the primary goal of aviation policies.
Knowing what policy is applicable on a given incident is key for accident prevention, and mitigation of agency liabilities, i.e., did the Agency do what it said it was going to do, to prevent the accident?
Policies naturally differ by agency and Agency Administrator, unless a concerted effort to standardize.
Much standardization of policies has occurred (approx 80%). It’s the differences that cause issues.
Agency Administrator’s Actions
to Promote Safety

5. PL 106:181 Redefined “Public” A/C Public = Agency Oversight
Civil = FAA Oversight
Reimbursement = “Civil”
A foundation of agency policy is Public Law It significantly changed the way we administer aircraft. Applies to Federal and State governments.
Title: “Independent Safety Board Act Amendments of 1994
Passed congress: October 6, 1994
Signed by President: October 25, 1994
Effective: April 23, 1995
Effects:
1. Redefined “Public” aircraft. Aircraft are generally “public” unless there is reimbursement for the services of the mission, then the aircraft is “Civil”. Example: A Federal contract helicopter in a federal fire is a “Public” aircraft. If the same aircraft performs a mission for a State, and the State pays for that service, then it is a Civil operation. Thus, it’s a case by case call based upon the mission.
For “Public” aircraft, the governmental agency (federal or state) is responsible for providing the oversight via their aviation policies.
For “Civil” aircraft, the FAA is responsible for providing oversight to the vendor/pilot via the Federal Aviation Regulations (FARs), with actual operations still conducted per agency policy and procedures.
The Act requires NTSB to investigate all governmental aviation accidents, “Public and Civil”.
NTSB Investigates Accidents

6. A/C Operator? Determined by NTSB Investigation Key Questions:
Who Ordered the aircraft?
Who is Paying?
Who is Directing the aircraft?
Who is Benefiting from the mission?
Key question when an accident occurs is: “Who’s the Operator of the aircraft”?The answer determines which agency is held accountable. The Operator of the a/c may not be:
the owner of the aircraft (ex: Evergreen helicopter crashes on a BLM Fire, BLM is the operator)
The agency contracting for the aircraft (ex: FS contracted Aero Union Airtanker crashes on an ODF fire, ODF is the operator)
Often the “operator is not determined until an accident occurs…But we need to identify now to determine who’s policies apply!
Click…The National Transportation Safety Board has the legal responsibility to investigate all aircraft accidents in the USA, regardless of which wildland fire agency is involved. NTSB determines, through it’s investigation, who the “operator” of the aircraft was for the mission involved.
Determined by answering 4 key questions:
Click…
1. Who ordered the aircraft for the mission (i.e., Whose resource order?)
2. Who is paying the bill for the mission (based upon the P code on the resource order)
3. Who is controlling the aircraft (i.e., an Agency or Agency Administrator through a
delegation of authority to an Incident Management Team.
4. Who (which agency) is directly benefited by the a/c services during the mission.
Answers often lead Agency Administrators to establish new agency specific policy.

7. Current Policy Re: AWT Policy matrix
Agency
Direction
IHOG
WDNR & WFM
ODF
Federal Agencies
Aviation Plan
Procedures Manual DM
FSM 5700
Contracts
Guidance
Policy
Provide handouts of the current “PNWCG Aviation Policy Standards Matrix”. Make sure you use the newest revision….May want to hand out at the end of the session.
WDNR = Washington Department of Natural Resources
WFM = Washington State Fire Marshal
ODF = Oregon Department of Forestry
Federal = FS, BLM, BIA, NPS, F&WLS
Emphasize:
The difference between IHOG used as “Guidance” and IHOG adopted as “Policy”.
An Agency’s decision re: Policy vs. Guidance anly applies to missions where that agency is the “Operator”.

8. Operator? Whose Policies Apply?
Federal
State/Pvt.
H549 A A
“Single Agency”
Operator: State
Policy: Aviation Plan
Contracts
IHOG (guide)
Operator: Fed Agency
Policy: DMs or FSM
Contracts
IHOG
Scenario A: Single agency fire with no threat to anyone else.
On a Federal fire, who’s the operator? Whose policies apply?
Click…The host agency’s aviation policies apply. Regardless of:
1. Which agency contracted for the aircraft (however management and
use of the aircraft cannot be in violation of the contract.
2. Which agency is managing the aircraft through an aircraft manager
(ex: helicopter manager) or through an IMT.
On a Federal Fire, management and use is governed by:
1. The Departmental Manuals for DOI agencies and FSM 5700 for
the Forest Service, and
2. Either OAS or FS contract specifications, and
3. IHOG, and Other Guides are Policy!!!
Click….On State or Private fires, the State agency is generally the operator.
Management and use is governed by:
1. The State’s Aviation Management Plan, and
2. IHOG is used to provide only guidance.
Click…Note: Federal employees can only be transported on DOI or FS approved aircraft.
Click…What happens when an aircraft is transferred from a State to Federal fire?
a) Operator changes! Why??? And b) Policy Changes!
Fed.employees only on approved aircraft

9. Operator? Whose Policies Apply?
Federal
State/Pvt.
“Boundary Fire” B
Risk Management ?
Operator: Depends on 4 key questions
Must have Common:
* Communications
* Control
* Procedures
Scenario B: Multi-jurisdictional fire involving both State and Federal agencies.
Who is the operator?
Click…
Depends upon the answers to the 4 key questions, again on a case by
case basis.
Whose Policies apply?
Click….
Each agency’s for the aircraft they are “Operating”.
Q: Can we operate different agency’s aircraft in the same airspace on this fire??? Maybe…
Federal and State/private operated aircraft may operate over the same incident, in the same airspace With Good Risk Management….leading to:
1. There are common communications (radio frequencies for air/air and
air/ground), and
2. On scene aircraft operating procedures are the same, and
3. There is common on scene command/control (ex: one ATGS,
unified command, etc.)
Policy: Of the “Operating” Agency
Fed.employees only on approved aircraft

10. Operator? Whose Policies Apply?
Federal
State/Pvt.
“Independent Action”
Risk Management ? C C
Same as Scenario B
Musts are Common:
Communications
Control
Procedures
Scenario C: A fire on another agency is deemed a threat by another agency to lands under their jurisdiction.
Under Clause 28, Independent Action of the Master Agreement, any agency may assign their respective aircraft to any incident when the fire is deemed a threat to lands under their jurisdiction.
The Agency sending the aircraft to the incident is the operator unless the aircraft get reassigned to the host agency.
Click…
The policies of the sending (Operator) agency apply.
Management and use condition over one incident are the same as in
scenario B.
Through Good Risk Management… (i.e., common frequencies, control, and procedures) Federal, State, and private aircraft may operate in the same airspace at the same time.
Fed.employees only on approved aircraft

11. SUMMARY Never Leave Home without them… IHOG Master Co-op Agreement
Operating Plan for Master Agreement
A host agency “aviation liaison”
Emphasize the need to understand each of the documents, AND to request an aviation liaison, especially for the first couple days of a fire.
Remember:
1. Accident prevention is the primary goal of aviation policy
2. It is important to follow the correct agency’s policy
Q: Who is the correct agency? The “operator” of the aircraft on a mission by mission basis.
Click…. Questions???
Questions???