[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR139.321]

[Page 787-788]
 
                     TITLE 14--AERONAUTICSAND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 139--CERTIFICATION AND OPERATIONS: LAND AIRPORTS SERVING CERTAIN 
AIR CARRIERS--Table of Contents
 
                          Subpart D--Operations
 
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 following:
    (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 areas.
    (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 section.
    (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 Administrator; and
    (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

[[Page 788]]

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 Administrator.

[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]