ALABAMA MOVES FORWARD WITH COSTLY
REGULATIONS FOR AVIATION FUEL PROVIDERS
WRITE YOUR MEMBERS OF CONGRESS!
November 10, 2006
What’s at Issue
The Alabama Department of Agriculture and Industries, Heavy Weights and Measures
Division, continues to move forward with proposed regulations governing the display and
maintenance of aviation self-serve fuel dispensers at general aviation airports in Alabama.
Background
The state of Alabama has adopted the standards set forth by the National Institute of
Standards and Technology (NIST) Handbook 44 as a legal standard governing aviation fuel
dispensers. According to the state’s interpretation of Handbook 44, all fuel dispensers must
include a number of items on the display not found on most aviation self-serve fuel
dispensers.
The regulations require self-serve fuel pumps to display a number of items, including the
price per gallon of the fuel and the total amount of fuel pumped. Aviation fuel dispensers do
not typically carry this information, although certain information is displayed on credit card
readers and available on the receipt. Alabama is strictly enforcing a standard requiring the
fuel pump itself to display the information.
Alabama has been “red-tagging” businesses that are not in compliance with the new
regulations, and in at least one case has refused to certify a new fuel dispenser for failure to
comply with the policy. Officials from the Heavy Weights and Measures Division have met
with affected businesses in the state, and have pledged to issue clarifications to the policy,
but have not done so.
Why It’s Important
The regulations set forth by the Alabama Heavy Weights and Measures Division constitute a
misinterpretation of Handbook 44 and fail to take into consideration the differences between
aviation fueling and fueling in other industries. Aviation fuel dispensers do not typically
contain the same displays as other types of fuel dispensers, including automobile fuel pumps.
Aviation fuel purchasers are usually more concerned about the weight of the fuel and the
number of gallons purchased than the price per gallon.
These regulations are unnecessary and threaten to eliminate fuel service at airports
throughout the state, especially small airports with limited fuel sales. Additionally, the
establishment of this interpretation of Handbook 44 as a legal standard could set a dangerous
precedent for other states, and could further threaten the aviation fuel industry.
OVER…
What to Do
NATA is calling on all of its members in Alabama affected by this new policy to contact their Members
of Congress and encourage them to weigh in with the state government regarding the impact that this
new policy will have on aviation fuel providers throughout the state. NATA has drafted a form letter for
members to send to their elected officials in Washington regarding the issue. NATA also encourages its
members to contact their state legislators as well. Click here to download the form letter.
How to Contact Your Members of Congress
To identify your Member of the U.S. House of Representatives from Alabama, including address,
phone, fax and email information, please go to http://www.house.gov on the Internet, insert your ZIP
code in the “Find Your Representative” box at the top of the page, and click enter.
To obtain contact information for Senator Richard Shelby (R-AL), visit the Senator’s Web site,
http://shelby.senate.gov. To visit the online office of Senator Jeff Sessions (R-AL), go to
http://sessions.senate.gov.
You can also call the Capitol Switchboard at (202) 225-2131 and ask the operator to connect you to your
Representative’s or Senator’s office. Upon being connected to these offices, ask to speak to the staff
member who handles transportation and/or appropriations issues.
NATA Position
NATA has strong concerns with Alabama’s new interpretations of Handbook 44. This new regulation
interpretation will place a great cost burden on aviation fuel providers in the state and could lead to the
elimination of fuel service at several airports. The association is also concerned that this policy could be
adopted by other states.
Status
The Alabama Heavy Weights and Measures Division has pledged to release clarifications to the new
policy governing fuel dispensers sometime this month. It is possible that the clarifications could ease
some of the requirements for operators of aviation fuel dispensers, but no such guarantee has been
made.
Additionally, the National Conference on Heavy Weights and Measures (NCWM) will meet in January
to discuss potential changes to Handbook 44 that could also further clarify the unique nature of aviation
fuel dispensers. Alabama should delay any enforcement action of Handbook 44 until the NCWM
debates the proposed changes.
Staff Contacts: Ashley Moore
Manager, Government and Industry Affairs
[email protected]
Stephen Beaulieu
Manager, Legislative Affairs
[email protected]