Diesel Exhaust Fluid Safety Mitigation and Exclusion Plans

 

DEPARTMENT OF TRANSPORTATION

RULE NO.:RULE TITLE:

14-60.012Diesel Exhaust Fluid Safety Mitigation and Exclusion Plans

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 48 No. 98, May 19, 2022 issue of the Florida Administrative Register.

The changes are in response to comments by the Joint Administrative Procedures Committee in a letter dated May 27, 2022.  The changes are as follows:

14-60.012 Diesel Exhaust Fluid Safety Mitigation and Exclusion Plans

(1) Each public-use airport meeting the criteria of section 330.401(1)(a)1. through 3., F.S., 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 of section 330.401(1)(a)1. through 3., F.S., 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) and (b) No change.

(3) No change.

(a) The criteria in section 330.401(1)(b)1. through 9., F.S. 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.

(b)(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) No change.

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

 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Ashley Peacock, Assistant General Counsel, Florida Department of Transportation, 605 Suwannee Street, MS 58, Tallahassee, Florida 32399-0458, [phone], [e-mail].