To address development of a uniform industry standards form for the diesel exhaust fluid safety mitigation and exclusion plan based upon recommendations provided by the workgroup of public airport representatives on specified ....

 

DEPARTMENT OF TRANSPORTATION

RULE NO.:RULE TITLE:

14-60.012Diesel Exhaust Fluid Safety Mitigation and Exclusion Plans

PURPOSE AND EFFECT: To address development of a uniform industry standards form for the diesel exhaust fluid safety mitigation and exclusion plan based upon recommendations provided by the workgroup of public airport representatives on specified requirements contained in and authorized by Chapter 2021-61, s. 1, Laws of Florida.

SUMMARY: The rule is being adopted to address development of a uniform industry standards form for the diesel exhaust fluid safety mitigation and exclusion plan.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used an itemized checklist to conduct an economic analysis and determine if there would be any adverse impact or regulatory cost associated with this rule that exceeds the stated criteria. Upon review of the proposed rulemaking, the Department determined that the proposed rule will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 330.401, 334.044(2), F.S.

LAW IMPLEMENTED: 330.401, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: David Smith, Airport Inspection & Safety Manager, Florida Department of Transportation, 605 Suwannee Street, Mail Station 46, Tallahassee, Florida 32399, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14-60.012 Diesel Exhaust Fluid Safety Mitigation and Exclusion Plans

(1) Each public-use airport at which:

(a) Aviation fuels receive onsite treatment with fuel system icing inhibitors;

(b) Aviation fuel is delivered by a publicly or privately owned fixed-base operator; and

(c) Any aircraft fuel delivery vehicle or ground service equipment that uses diesel exhaust fluid is operated within 150 feet of any aircraft, shall require a diesel exhaust fluid safety mitigation and exclusion plan for each fixed-base operator that performs onsite treatment of aviation fuel with system icing inhibitor.

(2) Public-use airports meeting the above criteria shall make their Diesel Exhaust Fluid Safety Mitigation and Exclusion Plan available for inspection by the Department of Transportation by completing an interactive internet-based application indicating which fixed-base operators are subject to diesel exhaust fluid safety mitigation and exclusion plan using a Department electronic aviation facility data system or completing and submitting Department of Transportation Form Number 725-040-36, May 2022, which is incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14203 and available electronically at https://www.fdot.gov/aviation/flpub.shtm. The form shall be submitted to the State Aviation Manager, Aviation Office, Florida Department of Transportation, 605 Suwannee Street, MS 46, Tallahassee, Florida 32399-0450. The application should be updated:

(a) Prior to the annual airport inspection conducted pursuant to Rule 14-60.006, F.A.C.; or

(b) When the criteria for any fixed-base operator changes.

(3) Each diesel exhaust fluid safety mitigation and exclusion plan executed between the airport and the fixed-base operator shall include the following:

(a) A full inventory of all the fixed-base operator’s diesel exhaust fluid on the premises of the airport.

(b) Designation of specific areas where the fixed-base operator’s diesel exhaust fluid may be stored on the premises of the airport. To the extent practicable, such areas may not be located within or on a vehicle operated for the fueling or servicing of aircraft or at any aviation fuel transfer facility or bulk aviation fuel storage facility.

(c) Designation of specific areas where diesel exhaust fluid may be added to vehicles. Such areas may not be located in aircraft operating areas.

(d) Incorporation of best practices for ensuring the proper labeling and storage of diesel exhaust fluid.

(e) Incorporation of training in the proper use and storage of diesel exhaust fluid for all employees of the fixed-base operator who may come in contact with such fluid in the ordinary course of their duties.

(f) Designation of specific areas where the fixed-base operator’s fuel system icing inhibitor may be stored on the premises of the airport.

(g) Incorporation of best practices for ensuring the proper labeling and storage of the fixed-base operator’s fuel system icing inhibitor.

(h) Incorporation of training in the proper use and storage of fuel system icing inhibitors for all employees of the fixed-base operator who may come in contact with fuel system icing inhibitors in the ordinary course of their duties.

(i) Specification of the physical security features for locking fuel system icing inhibitor fill points on the fixed-base operator’s aircraft fuel delivery vehicles. Such features must prevent the addition of any fluid other than icing inhibitors, and the specification must require that only properly trained and authorized individuals may access such features.

(j) A statement by both the airport and the fixed-base operator, verfied as provided in section 92.525, F.S., that information included in the plan is complete and accurrate.

(4) Department Review Process. The Department’s process for determining the acceptance of a diesel exhaust fluid safety mitigation and exclusion plan will be completed prior to the annual airport inspection conducted pursuant to Rule 14-60.006, F.A.C.

Rulemaking Authority 330.401(4), 334.044(2), F.S. Law Implemented 330.401, F.S. History-New __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: David Roberts, Aviation Operations Administrator

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jared W. Perdue, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 9, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 28, 2021