Many airport sponsors are considering acquiring new snow removal equipment (SRE) with the additional Bipartisan Infrastructure Laws funding received in federal fiscal years 2022–2026. But first, sponsors may need to reacquaint themselves with the federal requirements for purchasing SRE, which typically occurs once every 10 years when this equipment becomes eligible for federal funding.
What follows are some important reminders about using federal funds to acquire new SRE.
Guidelines for disposing of SRE
Replacing SRE that has been purchased with federal funds requires careful adherence to Federal Aviation Administration (FAA) guidelines. When disposing of or selling existing SRE to other entities or airport sponsors, it’s essential to distinguish between eligible and non-eligible entities. Eligible entities include other airports that are part of the National Plan of Integrated Airport Systems (NPIAS) and that receive federal funding. Selling existing SRE to these entities lets the airport keep the federal money it used to buy the equipment originally, so it doesn’t have to pay the FAA back. This allows the airport to use its funds more effectively and reinvest in new equipment.
Conversely, non-eligible entities are typically private companies, non-NPIAS airports, or organizations that don’t qualify for federal funding. If an airport sells old SRE to a non-eligible entity, the airport must repay what it received from the FAA at the time of the original purchase, which is typically 90 percent of the total cost. This repayment ensures that the federal investment is appropriately accounted for and used according to regulations. Further information regarding the criteria for disposing of or replacing Airport Improvement Program (AIP)-funded equipment can be found in Table 5-38 of the Airport Improvement Program Handbook (FAA Order 5100.38D, Change 1).
Buy American requirements
Airports should also keep in mind Buy American requirements. According to the FAA, the Buy American Preferences under 49 U.S.C. § 50101 require that all steel and manufactured goods used in AIP-funded projects be produced in the United States. Those accepting AIP funding must certify that all steel or manufactured products used on any portion of the AIP-funded project are produced in the United States and made of 100 percent US materials (FAA Buy American Preference Requirements). This mandate supports domestic manufacturing and ensures federal funds benefit the US economy.
If meeting the Buy American requirement is impractical, airports can apply for one of four types of waivers. These waivers permit obtaining essential equipment even if it does not fully meet Buy American standards. The four types of waivers are:
- Type I Waiver: applied when adhering to the Buy American requirements is inconsistent with public interest.
- Type II Waiver (non-availability waiver): issued if the needed equipment or construction materials are not produced in sufficient quantity or quality in the US.
- Type III Waiver: issued when 60 percent or more of the components and subcomponents and final assembly are completed in the US.
- Type IV Waiver (unreasonable cost waiver): granted when the cost of US-produced materials exceeds the project cost by more than 25 percent.
It’s typical for general aviation airports to apply for a Type III waiver. This waiver addresses situations for which including US-made components is impractical or impossible because of specific needs or constraints. Attachments for SRE, such as plows or brushes, often meet Buy American requirements more readily than carrier vehicles (e.g., a plow truck). So including these compliant attachments with the carrier vehicle in procurement requests can help airports qualify for a Type III waiver. This strategy is particularly useful when the carrier vehicle itself does not meet Buy American standards, but including compliant attachments allows the airport to meet the federal requirements and secure necessary funding and approval.
Engaging with FAA representatives early in the procurement process will help confirm that all regulations and requirements are met and will provide guidance on the waiver application process if needed. For more detailed guidance, airports can refer to the FAA’s official resources on Procurement and Contracting Under AIP and the Buy American Preference Requirements available on the FAA website.
—Melissa Underwood is a senior aviation planner with SEH.
