Sec. 139.321 - Handling and storing of hazardous
substances and materials.
(a) Each certificate holder which acts
as a cargo handling agent shall establish and maintain procedures for the
protection of persons and property on the airport during the handling and
storing of any material regulated by the Hazardous Materials Regulations
(49 CFR part 171, et seq.), that is, or is intended to be,
transported by air. These procedures shall provide for at least the
(1) Designated personnel to receive and
handle hazardous substances and materials.
(2) Assurance from the shipper that the
cargo can be handled safely, including any special handling procedures
required for safety.
(3) Special areas for storage of
hazardous materials while on the airport.
(b) Each certificate holder shall
establish and maintain standards acceptable to the Administrator for
protecting against fire and explosions in storing, dispensing, and
otherwise handling fuel, lubricants, and oxygen (other than articles and
materials that are, or are intended to be, aircraft cargo) on the airport.
These standards shall cover facilities, procedures, and personnel training
and shall address at least the following:
(1) Grounding and bonding.
(2) Public protection.
(3) Control of access to storage areas.
(4) Fire safety in fuel farm and storage
(5) Fire safety in mobile fuelers,
fueling pits, and fueling cabinets.
(6) After January 1, 1989, training of
fueling personnel in fire safety in accordance with paragraph (e) of this
(7) The fire code of the public body
having jurisdiction over the airport.
(c) Each certificate holder shall, as a
fueling agent, comply with and, except as provided in paragraph (h) of
this section, require all other fueling agents operating on the airport to
comply with the standards established under paragraph (b) of this section
and shall perform reasonable surveillance of all fueling activities on the
airport with respect to those standards.
(d) Each certificate holder shall
inspect the physical facilities of each airport tenant fueling agent at
least once every 3 months for compliance with paragraph (b) of this
section and maintain a record of that inspection for at least 12 months.
The certificate holder may use an independent organization to perform this
inspection if --
(1) It is acceptable by the
(2) It prepares a record of its
inspection sufficiently detailed to assure the certificate holder and the
FAA that the inspection is adequate.
(e) The training required in paragraph
(b)(6) of this section shall include at least the following:
(1) At least one supervisor with each
fueling agent shall have completed an aviation fuel training course in
fire safety which is acceptable to the Administrator.
(2) All other employees who fuel
aircraft, accept fuel shipments, or otherwise handle fuel shall receive at
least on-the-job training in fire safety from the supervisor trained in
accordance with paragraph (e)(1) of this section.
(f) Each certificate holder shall obtain
certification once a year from each airport tenant fueling agent that the
training required by paragraph (e) of this section has been accomplished.
(g) Unless otherwise authorized by the
Administrator, each certificate holder shall require each tenant fueling
agent to take immediate corrective action whenever the certificate holder
becomes aware of noncompliance with a standard required by paragraph (b)
of this section. The certificate holder shall notify the appropriate FAA
Regional Airports Division Manager immediately when noncompliance is
discovered and corrective action cannot be accomplished within a
reasonable period of time.
(h) A certificate holder need not
require an air carrier operating under part 121 or part 135 of this
chapter to comply with the standards required by this section.
(i) FAA Advisory Circulars in the 150
Series contain standards and procedures for the handling and storage of
hazardous substances and materials which are acceptable to the
[Doc. No. 24812, 52 FR 44282, Nov. 18, 1987; 53
FR 4120, Feb. 12, 1988, as amended by Amdt. 139-15, 53 FR 40843, Oct. 18,
1988; Amdt. 139-16, 54 FR 39295, Sept. 25, 1989]