Hawaii Administrative Code

The provisions of this chapter are declared to be severable and if any portion or the application thereof to any person or property is held to be invalid for any reason, the validity of the remainder of this chapter shall not be affected. Notes Haw. Code R. § 19-31.1-8 [Eff JUN 2…

Chapter 19-31 is repealed. Notes Haw. Code R. § 19-31.1-9 [Eff JUN 24 1991] (Auth: HRS §§ 261-12, 261-15.5, 261-15.6, 261-15.7) (Imp: HRS §§ 261-12, 261-15.5, 261-15.6, 261-15.7)

Notes Haw. Code R. §§ 19-32-1 to 19-32-13 MAY - 4 2002.

Unless the context clearly indicates otherwise, as used in this chapter: "Air carrier" means any person engaged for hire in the business of carrying passengers or cargo, or mail by air. "Aircraft parking and storage areas" means any portion of a public airport, designated tempora…

(a) For purposes of public safety and protection of the environment, shippers and air carriers that use a public airport for the interstate or intrastate shipment of hazardous materials shall comply with title 49, chapter 1, sections 171.1 to 173.1300, 175.705, and 178.0 to 178.3…

(a) The storage of class A, B an C explosives is prohibited. Other hazardous materials, including flammables, corrosives, compressed gases, and radioactive materials may be temporarily stored in hazardous materials storage areas designated by the air carrier and approved by the a…

(a) The shipper or transporter shall be responsible for the security of the shipment until it has been accepted by the air carrier for air transportation. This same responsibility applies to shippers and transporters that accept a hazardous material or waste shipment from an air …

The director, in the interest of public safety and protectior of the environment, may make variations in hazardous materials and waste transshipment operations, provided they are not inconsistent with the intent of CFR 49. Notes Haw. Code R. § 19-33-5 [Eff AUG 24 1987] (Auth: HRS…

The provisions of this chapter are declared to be severable and if any portion or the application thereof is held to be invalid for any reason, the validity of the remainder of this chapter shall not be affected. Notes Haw. Code R. § 19-33-6 [Eff AUG 24 1987] (Auth: HRS § 261-12)…

This chapter may be enforced by police officers or any person deputized pursuant to § 261-17, Hawaii Revised Statutes. Notes Haw. Code R. § 19-33-7 [Eff AUG 24 1987] (Auth: HRS § 261-12) (Imp: HRS § 261-17)

Penalties for violations of this chapter shall be as set forth in § 261-21, Hawaii Revised Statutes. Notes Haw. Code R. § 19-33-8 [Eff AUG 24 1987] (Auth: HRS § 261-12) (Imp: HRS § 261-21)

Notwithstanding any policy or intent to the contrary, section 261-12, Hawaii Revised Statutes, and the rules provided in this chapter shall not be interpreted nor applied in any manner that is inconsistent with, or contrary to, the Federal Aviation Act of 1958, as amended, togeth…

Notes Haw. Code R. § 19-34-10 R

These rules are hereby declared to be severable and if any portion or the application thereof to any person, circumstance or property is held to be invalid for any reason, the validity of the remainder of these rules or that of the application of such remainder to other persons, …

Penalties for violation of any of these rules shall be as set forth in § 261-21, Hawaii Revised Statutes. Notes Haw. Code R. § 19-34-12 [Eff 10/6/89; comp AUG 10 2000] (Auth: HRS § 261-12) (Imp: § 261-21)

All tour aircraft operators shall on or before the last day of the succeeding month, file a report with the director on the total revenue landings for the previous month. Notes Haw. Code R. § 19-34-13 [Eff 8/28/95; comp AUG 10 2000] (Auth: HRS § 261-12) (Imp: HRS § 261-7)

It shall be unlawful for any person to conduct tour aircraft operations on any state airport without first having obtained a Tour Aircraft Operators Permit from the department. Notes Haw. Code R. § 19-34-2 [Eff 10/6/89; am 8/28/95; comp AUG 10 2000] (Auth: HRS § 261-12) (Imp: HRS…

The annual fee for a Tour Aircraft Operators Permit shall be $500 payable in advance. Such permit shall be valid from the date of issuance or renewal unless sooner revoked or terminated. Each permit covers air tour operations from all state airports. Fee is non-refundable after e…

An application for a Tour Aircraft Operators Permit shall be submitted in such form as the director may prescribe and shall be accompanied by any available drawings, descriptive data and reports, FAA certificates and other data as provided herein: (1) Company name; (2) Owner(s) a…

(a) Any change which affects or alters the terms and conditions of the Tour Aircraft Operators Permit shall be submitted to the director for approval before such changes in the permit are effective. (b) Any notice to change conditions under which the permit was issued shall be su…

(a) No Tour Aircraft Operators Permit shall be issued by the department unless the applicant has in effect aircraft liability-insurance required by the FAA for air taxi operators certified under 14 CFR Part 135, as amended, or any other insurance providing the coverages described…

(a) The holder of a Tour Aircraft Operators Permit issued under the provisions of this chapter must apply for a permit renewal if the permittee intends to continue tour aircraft operations. (b) Each permittee desiring to renew its Tour Aircraft Operators Permit shall make applica…

The director may, after notice and opportunity for hearing to the permittee, revoke any permit, whether original or renewal, or refuse to issue a renewal when the director determines that: (1) Any false statement or misrepresentation was made by the applicant; or (2) The permitte…

A permit issued pursuant to this chapter may be sold, transferred or assigned, provided that the permittee gives written notice to the department at least thirty (30) days prior to any sale, transfer or assignment and further provided that such permittee is in compliance with the…

As used in this chapter: "Airport revenue fund" means the special fund of that name created in the treasury of the State by section 248-8, Hawaii Revised Statutes. "Off-airport revenues" means that portion of moneys received by the state department of transportation paid under an…

(a) The director of transportation shall determine on not less than an annual basis, and after taking into account such information as is deemed reasonable and appropriate, in the judgment of the director, including data obtained from parties which have entered into contracts aut…

(a) As of dates of determination selected by the director of transportation, the director shall determine the:(1) Balance on credit to the transportation use special fund; (2) Balance on deposit in the airport revenue fund excluding: (A) The amount on credit to the transportation…

The purpose of this chapter is to establish and implement a passenger facility charge program in accordance with 14 CFR Part 158. Notes Haw. Code R. § 19-36-1 [Eff NOV 27 2003] (Auth: HRS § 261-12) (Imp: HRS § 261-12)

Unless the context clearly indicates otherwise, as used in this chapter: "Department" means the state department of transportation. "Director" means the director of the state department of transportation, or its duly authorized representative. "FAA" means Federal Aviation Adminis…

The director is authorized by section 261-12, Hawaii Revised-Statutes, to adopt 14 CFR Part 158. Notes Haw. Code R. § 19-36-3 [Eff NOV 27 2003] (Auth: HRS § 261-12) (Imp: HRS § 261-12)

(a) The department is authorized to impose a PFC not to exceed $4.50 per enplaned passenger at any commercial service airport under its control, consistent with 14 CFR Part 158. (b) The proceeds from the PFC's shall be used to finance eligible airport-related projects that: (1) P…

14 CFR Part 158, as it existed on October 10, 2003, is hereby adopted in its entirety and incorporated into this chapter. Notes Haw. Code R. § 19-36-5 [Eff NOV 27 2003] (Auth: HRS § 261-12) (Imp: HRS § 261-12)

The purpose of this chapter is to establish safe and orderly aircraft fueling operations at public airports in the State of Hawaii. Notes Haw. Code R. § 19-37-1 [Eff FEB 26 1993] (Auth: HRS § 261-12) (Imp: HRS § 261-12)

Each aircraft fuel servicing vehicle shall: (1) Have a sign permanently positioned on each side and on the rear of every fuel carrying vehicle identifying the product; (2) Have letters at least 3 inches high of a color contrasting with the background and color of the vehicle; (3)…

Leaking vehicles shall be removed from service, defueled, and parked in a safe area approved by the director, until repaired. Notes Haw. Code R. § 19-37-11 [Eff FEB 26 1993] (Auth: HRS § 261-12) (Imp: HRS § 261-12)

Parking areas shall be arranged to: (1) Facilitate dispersal of the vehicle in the event of emergency; (2) Provide at least 10 feet of clear space between parked vehicles for accessibility for fire control purposes; (3) Prevent any leaking fuel from draining to an adjacent buildi…

Fuel storage tanks shall conform to the applicable requirements of Underwriters Laboratories (UL Standard 1709). The tank shall be tested by nationally recognized laboratories. Nationally recognized independent listing or testing agencies acceptable to the authority having jurisd…

Refueling of helicopters with operating engines shall only be permitted: (1) In accordance with and observance of procedures established for hot refueling by the Federal Aviation Administration; (2) With all passenger(s) off the helicopter and at least 50 feet from helicopter bei…

The applications of Class I or II liquid finishes shall be done only in locations approved by the Fire Chief. Notes Haw. Code R. § 19-37-15 [Eff FEB 26 1993] (Auth: HRS § 261-12) (Imp: HRS § 261-12)

Every aircraft hangar shall be equipped and maintained with metal drip pans under the engines of all aircraft stored or parked therein. Notes Haw. Code R. § 19-37-16 [Eff FEB 26 1993] (Auth: HRS § 261-12) (Imp: HRS § 261-12)

Fuel transfer hose shall be properly placed on the approved reel or in the compartment provided, or may be stored on top decking of refueler, if proper height rail is provided for security and protection of such equipment before any aircraft refueler unit is moved. Such transfer …

No flammable or combustible liquid shall be dispensed into or removed from the fuel system of an aircraft within any aircraft hangar. (1) No flammable or combustible liquid shall be dispensed into or removed from a container, tank, vehicle or aircraft except in a location approve…

Any person or organization involved in storing, dispensing, and otherwise handling fuel, lubricants, and oxygen (other than articles and materials that are, or are intended to be, aircraft cargo) on the airport shall observe NFC 407 Aircraft Fuel Servicing Standards for protectio…

Unless the context clearly indicates otherwise, as used in this chapter: "Aircraft" means any and all airplanes, airships, dirigibles, helicopters, gliders, amphibians and seaplanes and any other contrivances now or hereafter used for the navigation of or flight in air space. "De…

All fueling agents operating on the airport will comply with the following NFC 407 Aircraft Fuel Servicing standards: (1) At least one supervisor with each fueling agent shall have completed an aviation fuel training course in fire safety which is acceptable to the FAA; (2) All o…

The Director in cases of flagrant violations, at his sole discretion may cancel, revoke or modify applicable contracts, leases, agreements, permits, rights or other privileges to use any public airport. Notes Haw. Code R. § 19-37-21 [Eff FEB 26 1993] (Auth: HRS § 261-12) (Imp: HR…

All airport tenant fueling agents shall certify to the Director once a year that all training and/or requirements prescribed by this section have been accomplished and complied with. Notes Haw. Code R. § 19-37-22 [Eff FEB 26 1993] (Auth: HRS § 261-12) (Imp: HRS § 261-12)