FAA threatened Valley International Airport shutdown over firefighter training falsifications

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HARLINGEN — The Federal Aviation Administration has warned it will shut down Valley International Airport if officials there “know or suspect” any Harlingen Fire Department airport firefighters are not properly trained, an investigation report shows.

Since 2017, FAA investigations found the fire department failed to properly train the airport’s firefighters, leading to three training violations along with a finding of potential records falsification.

Earlier this month, the airport’s board of directors held off on terminating its $1.2 million agreement with the city of Harlingen providing the fire department’s aircraft rescue and firefighting services, or ARFF.

”The FAA confirmed that the ARFF program at Valley International Airport, including its training and curriculum, meets the (federal) requirements,” Mayor Norma Sepulveda said Tuesday, referring to the latest FAA investigation closed in February. “They determined that the discrepancies were isolated to two training sessions and were not systemic to the overall ARFF training program. I have full confidence in our current airport board and the Harlingen Fire Department. They continue to work together to ensure exceptional service and safety for our community and the entire RGV.”

Amid its investigations, the FAA expressed concern regarding what it described as a “very quarrelsome relationship” between the airport and the fire department, undermining oversight of firefighter training and requirements.

Then late last year, Marv Esterly, the airport’s aviation director, warned City Manager Gabriel Gonzalez that FAA officials will shut down the airport if it knows or suspects any firefighters are not fully trained.

Airport officials released documents to the Valley Morning Star, documents stemming from FAA investigations dating back to March 2017, when an agency inspection uncovered “multiple discrepancies” in the fire department’s training of its aircraft rescue and firefighting team.

“Numerous ARFF personnel failed to receive recurrent training” while failing “to participate in at least one live-fire drill within the last 12 consecutive calendar months,” the agency wrote to Dr. Mark Kroll, the airport board’s former chairman.

In response, then-Fire Chief Roy Rubio wrote three airport firefighters failed to participate in a live-burn drill “due to unforeseen and/or unavoidable circumstances” stemming from injuries, workman’s compensation issues or family and medical leave before their removal from rotation.

“They will not be available for assignment until such time that they have received a ‘live burn’ as well as any other ARFF subject that they may be lacking,” Rubio wrote.

Then in March 2020, the FAA’s inspection of two fire department training sessions found primary and alternate airport firefighters failed to complete recurrent instruction training within the 12-month period, including training in the use of “fire hoses, nozzles, turrets and other appliances,” “application of extinguishing agents,” “emergency aircraft evacuation assistance” and “familiarization with duties under airport emergency plan.”

“These findings not only appear to be a violation … but validate a ‘systemic’ and complete lack of ‘institutional control’ as it relates to the understanding and knowledge of airport aircraft rescue and firefighting operational requirements,” the FAA found.

In response, airport officials launched an “action plan,” Esterly said, requesting the city enter into a memorandum of understanding, specifying airport firefighter training requirements and qualifications.

“The lack of proper oversight along with poor time management by the Harlingen Fire Department contributed greatly to the failure to properly train ARFF personnel during the inspection period,” Esterly wrote in his response to the FAA’s findings.

In a May 2020 letter to then-Mayor Chris Boswell, the FAA again cited the fire department for failing to properly train airport firefighters, finding “all primary and numerous alternate designated ARFF personnel had failed to complete required recurrent training,” citing missing reports and “numerous errors” while describing “a complete lack of institutional control, understanding and disregard of the aircraft rescue and firefighting requirements.”

”It is very apparent and evident that a very quarrelsome relationship exists between the (airport) and HFD departments,” the FAA wrote. “This type of dysfunctional relationship fosters a continual lack of organizational and operational oversight of airport ARFF functions to include training and other services and administrative requirements.”

On Tuesday, Boswell said he called for the creation of a “review team” made up of city and airport officials, requesting they meet quarterly to “solve this issue.”

“We ensured the training got done and got done timely,” Boswell said in an interview. “It was a very serious issue. There needed to be joint oversight.”

Last year, Esterly turned to the FAA after discovering evidence of potential falsification of training records based on firefighters’ sworn affidavits.

Following a June training session, a driver disclosed “the training session lasted less than 20 minutes and did not include hands-on training, despite the official training record inaccurately stating the session lasted one hour with no indication of skill performance being conducted,” Esterly wrote to the FAA.

After a July training session, two firefighters revealed “this class was abbreviated, lasting only 14 minutes and, like the June session, lacked hands-on training,” he wrote.

“The discrepancies between the actual training conducted and the official training records raise the possibility of falsification,” Esterly wrote. “These discrepancies conflict with the official training record, which inaccurately claims compliance with the FAA-approved curriculum. Both sessions failed to address all required topics outlined in the FAA-approved curriculum, jeopardizing compliance with mandated ARFF training standards.”

In response to his concerns, Fire Chief Rafael Balderas said “he is investigating the allegations and has committed to immediately retraining all affected personnel to ensure compliance with FAA-mandated training requirements,” Esterly wrote.

Then on Dec. 5, following his disclosure of “training discrepancies,” Esterly discussed the matter with the FFA’s Southwest regional director and the agency’s Texas airport district office manager before warning Gonzalez of the possibility of the airport’s closure.

“They informed me that the airport has an immediate obligation to ensure that all ARFF personnel are fully trained,” Esterly wrote Gonzalez. “Furthermore, if we know or suspect that any ARFF firefighters currently on shift or scheduled to work are not fully trained, the airport is obligated to issue a notice to airmen stating that there are no ARFF services available at (the airport) and would result in the immediate closure of the airport.”

On Dec. 9, a “full team of FAA investigators” was set to arrive at the airport “to begin a thorough investigation into this matter,” Esterly wrote.

On Feb. 19, Warren Relaford, the FAA’s lead airport certification safety inspector, issued the airport a “warning letter,” stating the fire department had failed to “ensure the adequacy of the ARFF training program.”

“Furthermore, HFD entered misleading entries into the records for the training sessions relative to the sufficiency and quality of the training,” he wrote. “The entries raised questions relative to the potential falsification, reproduction or altercations of applications, certificates, reports or records. FAA determined the inadequate training and misleading entries to be directly isolated to the identified sessions and not systemic to the entire ARFF training program.”

“In closing this case, we have considered all available facts and have concluded the matter does not warrant legal enforcement,” Relaford wrote. “In lieu of such action, we are issuing this letter which will be made a matter of record. We will expect your future compliance with the regulations.”