N.Y. Comp. Codes R. & Regs. tit. 21, § 1262.36
During fuel handling in connection with any aircraft, no passenger shall be permitted to remain in such aircraft or to be enplaned or deplaned from such aircraft unless a qualified attendant is at each door that is in use for this purpose and unless means of safe egress is in position in the event that such device is required for the safe and rapid debarkation of the passengers. Smoking is prohibited in or about such aircraft during fuel handling.