17 AAC 42.055. Fueling operations and fuel storage

(a) A person shall conduct fueling operations and fuel storage on an airport consistent with fire codes and other applicable law.

(b) A land lessee or a tiedown permittee conducting self-fueling operations on the lease or permit premises and an operator of a commercial fueling service on an airport shall maintain spill prevention and response capability readily accessible to the site where the fuel is dispensed or stored.

(c) Before providing a commercial fueling service on an airport, a person must obtain a lease, permit, or concession that authorizes commercial fueling services. In addition to the rent or other fee charged in a lease, permit, or concession, the department will charge a fuel flowage fee under 17 AAC 42.125 to a person who operates a commercial fueling service on an airport. The department will charge the fuel flowage fee only once on a gallon of fuel dispensed at an airport. Unless a lease, permit, or concession provides otherwise, fuel manifested as cargo and carried aboard an aircraft in a container not connected to the aircraft's engine is exempt from the fuel flowage fee.

(d) A person may not fuel an aircraft while a main engine on the aircraft is running unless

(1) running the engine is necessary due to extreme cold;

(2) a main aircraft engine must remain running to restart another engine on the aircraft; or

(3) running the engine is allowed for hot fueling under N.F.P.A. 407, "Standard for Aircraft Fuel Servicing," 1996 Edition, which is adopted by reference.

(e) A person may not smoke, light a match, or have any flame within 50 feet of an aircraft being fueled.

(f) An air carrier that engages in self-fueling and a commercial fueling service operator shall ensure that all personnel who engage in fuel dispensing or fuel storage operations on an airport are trained in safe fuel handling practices, fire safety, and spill response.

(g) The owner of a fuel storage container or mobile fuel container located on an airport shall immediately

(1) report any leakage of fuel from the container to each regulatory agency with jurisdiction over the leak and to the airport manager; and

(2) repair any fuel leak.

(h) A person may not keep or use a mobile fuel tank on an airport unless the person uses the tank in a safe, nonleaking manner and the tank is readily movable at all times. If the airport manager determines that a person is keeping or using a mobile fuel tank that does not comply with the applicable requirements of this section, the manager shall require the person to cure the noncompliance or remove the tank from the airport.

(i) Except as otherwise provided in this chapter or as the airport manager otherwise authorizes, a person must store fuel on an airport in a permanent fuel storage tank. A permanent fuel storage tank may be installed only on a premises.

History: Eff. 1/14/2001, Register 157

Authority: AS 02.15.020

Editor's note: Copies of N.F.P.A. 407, adopted by reference in 17 AAC 42.055, may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9101. A copy of N.F.P.A. 407 is also on file in the office of the lieutenant governor.

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