[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR139.321]

[Page 1210-1211]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 139_CERTIFICATION OF AIRPORTS--Table of Contents
 
                          Subpart D_Operations
 
Sec. 139.321  Handling and storing of hazardous substances and materials.

    (a) Each certificate holder who acts as a cargo handling agent must 
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 171 through 
180) that is, or is intended to be, transported by air. These procedures 
must 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 must establish and maintain standards 
authorized by the Administrator for protecting against fire and 
explosions in storing, dispensing, and otherwise handling fuel (other 
than articles and materials that are, or are intended to be, aircraft 
cargo) on the airport. These standards must cover facilities, 
procedures, and personnel training and must address at least the 
following:
    (1) 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) Training of fueling personnel in fire safety in accordance with 
paragraph (e) of this section. Such training at Class III airports must 
be completed within 12 consecutive calendar months after June 9, 2004.
    (7) The fire code of the public body having jurisdiction over the 
airport.
    (c) Each certificate holder must, as a fueling agent, comply with, 
and require all other fueling agents operating on the airport to comply 
with, the standards established under paragraph (b) of this section and 
must perform reasonable surveillance of all fueling activities on the 
airport with respect to those standards.
    (d) Each certificate holder must inspect the physical facilities of 
each airport tenant fueling agent at least once every 3 consecutive 
months for compliance with paragraph (b) of this section

[[Page 1211]]

and maintain a record of that inspection for at least 12 consecutive 
calendar months.
    (e) The training required in paragraph (b)(6) of this section must 
include at least the following:
    (1) At least one supervisor with each fueling agent must have 
completed an aviation fuel training course in fire safety that is 
authorized by the Administrator. Such an individual must be trained 
prior to initial performance of duties, or enrolled in an authorized 
aviation fuel training course that will be completed within 90 days of 
initiating duties, and receive recurrent instruction at least every 24 
consecutive calendar months.
    (2) All other employees who fuel aircraft, accept fuel shipments, or 
otherwise handle fuel must receive at least initial on-the-job training 
and recurrent instruction every 24 consecutive calendar months in fire 
safety from the supervisor trained in accordance with paragraph (e)(1) 
of this section.
    (f) Each certificate holder must obtain a written confirmation once 
every 12 consecutive calendar months from each airport tenant fueling 
agent that the training required by paragraph (e) of this section has 
been accomplished. This written confirmation must be maintained for 12 
consecutive calendar months.
    (g) Unless otherwise authorized by the Administrator, each 
certificate holder must 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 must 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) FAA Advisory Circulars contain methods and procedures for the 
handling and storage of hazardous substances and materials that are 
acceptable to the Administrator.