Deadline for NFPA 407 Compliance Officially Extended
The NFPA Standards Council voted to approve Tentative Interim Amendment (TIA) 1610 earlier this month, officially granting a 24-month extension to the deadline for compliance with section 5.1.12 of the 2022 revision of NFPA 407 Standard for Aircraft Fuel Servicing. Section 5.1.12 originally required airport fueling vehicle loading racks to be equipped with automatic shutoff devices that are compatible with fueling vehicles by June 2, 2021.
The new deadline is now June 2, 2023. It is important to note that the extension only applies to those airports who have adopted the 2022 revision of NFPA 407. For those operating under the 2017 revision, the compliance date of June 2, 2021, remains unchanged. NATA will be seeking official guidance from the FAA’s Office of Airports as to how the extension will affect current enforcement policy at Part 139 certificated airports and will provide updates accordingly. For more information, please email safety1st@nata.aero.
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 (this date may be modified, pending NFPA Standards Council acceptance of TIA 1610).
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 safety1st@nata.aero.