FAA Enforcement of 2017 NFPA 407 at Certificated Part 139 Airports
NATA, in conjunction with ACI-NA and AAAE, has been in communication with the FAA-Office of Airports, Safety and Standards Division regarding enforcement of the 2017 NFPA 407- Standard for Aircraft Fuel Servicing, section 5.1.12.
Section 5.1.12 calls for all new and existing airport fuel loading racks to be equipped with automatic shut off systems that are compatible with the mobile refuelers by June 2, 2021.
The FAA has issued policy guidance to all Airport Certification Safety Inspectors (ACSI) outlining the following process for determining compliance with section 5.1.12:
1. ACSIs will be working with airports to confirm the fueling standard adopted in the Airport Certification Manual (ACM) for each Part 139 airport.
2. ACSIs will work with 139 Airport to determine what standard is enforced at the airport (usually found in the Airport Compliance Manual (ACM). Airports that have adopted the 2017 edition of NFPA 407 and are not in compliance with section 5.1.12 will be issued a compliance letter and be required to come into compliance as soon as practical but no later than December 2, 2022.
3. A Letter of Investigation shall be issued for any airports that have not come into compliance by December 2, 2022.
The FAA has acknowledged that the above policy guidance will not be enforced at Part 139 airports that have adopted standards other than the 2017 revision of NFPA 407 in their current ACM.
Additionally, the FAA will accept modifications to the retroactive component of 5.1.12 that have been granted by the Authority Having Jurisdiction at Part 139 airports under the provisions of section 1.3.4 of the 2017 NFPA 407. Such acceptance is dependent on review of the justification for the modification, ensuring it meets the requirements of section 1.3.4.
NATA has prepared a letter template and letter of support for stakeholders to request a modification from their AHJ.
For additional information, contact Steve Berry, NATA’s Manager of Fuel Quality and Safety at firstname.lastname@example.org.
Petition to NFPA Board of Directors Dismissed
NATA was disappointed to learn that the petition to the NFPA Board of Directors seeking to overturn the NFPA Standards Council decision #21-3 was dismissed this week. NATA has been vigorously pursuing relief for the aviation industry from costly, unnecessary regulation that mandates additional automatic over-fill protection devices to be retroactively installed at airport loading racks and requires subsequent modifications of mobile refuelers by June 2, 2021.
It is NATA’s position, and that of hundreds of stakeholders from across the industry, that the perceived need for these systems is not based on statistical evidence, and the potential risk they mitigate does not justify their expense.
At this point, as all avenues for relief through the NFPA standards development process have been exhausted, NATA urges FBOs, airports and other fuel providers who are held to the 2017 NFPA 407- Standard for Aircraft Fuel Servicing to work with their Authority Having Jurisdiction, or AHJ, to request a modification to the retroactive component of the requirements. This would preclude existing equipment from the June 2nd deadline for compliance. NATA has prepared a form letter (see above) and letter of support (see above) for use by our members when seeking a modification from their AHJ.
For those who operate at certificated part 139 airports, NATA has sought an extension for compliance from the FAA and we will communicate any information the FAA makes available.
As always, thank you for your engagement in this issue and for allowing NATA to serve as your voice.