Disposition of Below Standard Gasoline, Kerosene, Diesel Fuel Oils No. 1-D and No. 2-D, and Fuel Oils No. 1 and No. 2, and Alternative Fuels., Registration and Identification, Inaccurate Measuring Devices, Inspection Identification Stickers, ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Standards

RULE NOS.:RULE TITLES:

5F-2.002Disposition of Below Standard Gasoline, Kerosene, Diesel Fuel Oils No. 1-D and No. 2-D, and Fuel Oils No. 1 and No. 2, and Alternative Fuels

5F-2.003Registration and Identification

5F-2.005Inaccurate Measuring Devices

5F-2.006Inspection Identification Stickers

5F-2.014Adoption of the General Code and the Codes of Liquid-Measuring Devices, Liquefied Petroleum Gas and Anhydrous Ammonia Liquid-Measuring Devices, Hydrocarbon Gas Vapor-Measuring Devices, Vehicle-Tank Meters, and Vehicle Tanks Used as Measures of National Institute of Standards and Technology Handbook 44 Meter Sealing Requirements.

5F-2.016Guidelines for Imposing Administrative Penalties

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. 40, No. 113, June 11, 2014 issue of the Florida Administrative Register.

 

5F-2.002 No change.

 

5F-2.003 Registration and Identification.

(1) Every retail gasoline dispenser shall have the octane rating of the gasoline being sold therefrom conspicuously and firmly posted in a manner conforming with 16 CFR Part 306.12 (1-1-12 Edition), which is hereby incorporated adopted by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, or at http://www.flrules.org/Gateway/reference.

(2) through (4) No change.

(5) Every retail diesel fuel dispenser shall have the proper grade designation to indicate the sulfur content of the diesel fuel being sold therefrom conspicuously and firmly attached thereto and in accordance with 40 CFR Parts 80.570-80.574 (7-1-13 7-1-12 Edition), which is hereby incorporated adopted by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, or at http://www.flrules.org/Gateway/reference. The label shall be placed on the vertical surface of each dispenser housing on each side that has measure and price meters. The label shall be on the upper two-thirds of the dispenser and clearly visible to anyone dispensing fuel from the dispenser.

(6) No change.

(7) All alternative fuel kept, offered, or exposed for sale, or sold, at retail that contains more than 10% ethanol, methanol or other alcohol shall be identified by a name indicating the amount and type(s) of ethanol, methanol or other alcohol in the fuel and shall be labeled as such on the vertical surface of each dispenser housing in a manner conforming with the layout, type size and setting, color, and label protection requirements of 16 CFR Part 306.12 (1-1-12 Edition). See subsection 5F-2.003(1), F.A.C., Rule 5F-2.003, F.A.C., to obtain copies of this document.

(a) At a minimum, ethanol Ethanol mixed with gasoline and containing an ethanol content of 51%-83% shall be identified as  “Ethanol Flex-Fuel, Minimum 51% Ethanol”, or other  similar definitive equivalent statement and “For Flex-Fuel Flex Fuel Vehicles Only.”

(b) No change.

(c) Ethanol mixed with gasoline and containing an ethanol content greater than that which is permitted in subsection 5F-2.001(1), F.A.C., and less than that which is permitted in subparagraph 5F-2.001(5)(c)1., F.A.C., shall be identified as “EXX Flex-Fuel, Minimum YY% Ethanol”, where XX is the ethanol concentration in volume percent and YY is XX minus 5. The actual ethanol concentration of the blend shall be XX volume percent plus or minus 5 volume percent. “Mid-Level Ethanol Fuel Blend (EXX)” and “For Flex Fuel Vehicles Only”, where XX represents the volume percent ethanol in the blend.

(8) through (9) No change.

(10) All gasoline containing greater than ten percent ethanol by volume and up to and including fifteen percent ethanol by volume shall be labeled in accordance with 40 CFR 80.1501 (7-1-13 Edition), which is hereby incorporated adopted by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, or at http://www.flrules.org/Gateway/reference.

(11) through (14) No change.

Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.01, 525.09, 525.035, 525.037, 525.14 FS. History–Amended 12-31-74, 2-13-80, 5-3-83, 4-22-85, Formerly 5F-2.03, Amended 11-28-89, 1-24-93, 11-24-94, 6-1-06, 5-6-08, 1-3-10, ________.

 

5F-2.005 Inaccurate Measuring Devices.

(1) No change.

(2) If any petroleum fuel measuring device is found to be underregistering fuel in excess of the specifications and tolerances established by the department in Rule 5F-2.014, F.A.C., the inspector shall give in writing the operator or owner of the said device up to seven days a reasonable time in writing to fix or adjust the such device.

(3) through (6) No change.

Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.07 FS. History–Amended 7-1-74, Repromulgated 12-31-74, 5-3-83, Formerly 5F-2.05, Amended 11-29-94, 5-6-08, 1-3-10, _______.

 

5F-2.006 No change.

 

5F-2.014 Adoption of the General Code and the Codes of Liquid-Measuring Devices, Liquefied Petroleum Gas and Anhydrous Ammonia Liquid-Measuring Devices, Hydrocarbon Gas Vapor-Measuring Devices, Vehicle-Tank Meters, and Vehicle Tanks Used as Measures of National Institute of Standards and Technology Handbook 44 Meter Sealing Requirements, and other related requirements.

(1) through (3) No change.

(4) Effective July 1, 2015 2013, each dispensing device from which diesel fuel is sold at retail shall be equipped with a nozzle spout that conforms to SAE International J285, MAY2012, “Dispenser Nozzle Spouts for Liquid Fuels Intended for Use with Spark Ignition and Compression Ignition Engines,” and is hereby incorporated adopted by reference. Copies of this publication may be obtained at http://standards.sae.org. This code is also available for public inspection during regular business  hours at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Standards, 3125 Conner Boulevard, Tallahassee, FL 32399-1650. Posting of this material on the internet for purposes of public examination would violate federal copyright law.

(5) No change.

Rulemaking Authority 525.14, 531.40, 531.41(3), 570.07(23) FS. Law Implemented 525.07, 531.40 FS. History–New 1-1-74, Amended 7-1-74, Repromulgated 12-31-74, Amended 4-18-75, 1-25-76, 1-17-77, 2-15-79, 6-4-80, 4-5-81, 5-2-82, 6-30-83, 7-15-84, 8-11-85, Formerly 5F-2.14, Amended 7-7-86, 4-5-87, 4-27-88, 5-31-89, 8-21-90, 8-5-91, 12-10-92, 11-29-94, 11-13-97, 12-9-98, 8-3-99, 7-31-00, 9-3-01, 8-15-02, 6-29-03, 6-21-04, 6-1-06, 5-6-08, 1-3-10, ________.

 

5F-2.016 Guidelines for Imposing Administrative Penalties.

(1) through (7) No change.

(8) Penalties.

(a) No change.

(b) Minor Violations. A violation of Chapter 525, F.S., or this rule chapter is a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. Minor violations shall result in the issuance of a stop sale order using FDACS-03206, Stop Sale Order, Rev. 12/12, adopted and incorporated by reference in Rule 5F-2.001, F.A.C., or the device removed from service as specified below.  If a third violation within a three year period is discovered a $500 penalty shall be issued in accordance with Section 525.16(1)(b), F.S.  An additional penalty of $500 shall be issued for each violation discovered within a three year period thereafter. For the purposes of this rule, the following violations shall be considered minor violations:

1. through 12. No change.

(c)1. through 11. No change.

12. Failure to meet any other requirements listed in the standards for gasoline (including gasoline blended with oxygenates), as incorporated through the adopted version of ASTM International Designation D4814, “Standard Specification for Automotive Spark-Ignition Engine Fuel” in paragraph 5F-2.001(10)(a), F.A.C., 5F-2.001(1)(a), F.A.C., not already listed is this section.

13. Failure to meet any other requirements listed in the standards for kerosene (kerosine), as incorporated through the adopted version of ASTM International Designation D3699, “Standard Specification for Kerosine” in paragraph 5F-2.001(10)(b), F.A.C., 5F-2.001(2)(a), F.A.C., not already listed in this section.

14. Failure to meet any other requirements listed in the standards for diesel fuel oils No. 1-D and No. 2-D, as incorporated through the adopted version of ASTM International Designation D975, “Standard Specification for Diesel Fuel Oils” in paragraph 5F-2.001(10)(c), F.A.C., 5F-2.001(3)(a), F.A.C., not already listed in this section.

15. Failure to meet any other requirements listed in the standards for fuel oils No. 1 and No. 2, as incorporated through the adopted version of ASTM International Designation D396, “Standard Specification for Fuel Oils” in paragraph 5F-2.001(10)(d), F.A.C., 5F-2.001(4)(a), F.A.C., not already listed in this section.

16. Failure to meet any requirements listed in the standards for denatured fuel ethanol, as incorporated through the adopted version of ASTM International Designation D4806, “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel” in subparagraph 5F-2.001(10)(e), F.A.C., 5F-2.001(5)(a)1., F.A.C.

17. Failure to meet any other requirements listed in the standards for Ethanol Fuel Blends (51 to 83 volume percent ethanol), as incorporated through the adopted version of ASTM International Designation D5798, “Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines” in sub-subparagraph 5F-2.001(10)(f), F.A.C., 5F-2.001(5)(c)1.a., F.A.C., not already listed in this section.

18. Failure to meet any other requirements listed in the standards for M85 Fuel Methanol, as incorporated through the adopted version of ASTM International Designation D5797, “Standard Specification for Fuel Methanol (M70-M85) for Automotive Spark-Ignition Engines” in subparagraph 5F-2.001(10)(g), F.A.C., 5F-2.001(5)(b)1. F.A.C., not already listed in this section.

19. Failure to meet any requirements listed in the standards for biodiesel fuel blend stock (or biodiesel), as incorporated through the adopted version of ASTM International Designation D6751, “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels” in sub-subparagraph 5F-2.001(10)(h), F.A.C., 5F-2.001(5)(d)1.a., F.A.C.

20. Failure to meet any other requirements listed in the standards for biodiesel blends (with diesel fuel), as incorporated through the adopted version of ASTM International Designation D7467, “Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20)” in sub-subparagraph 5F-2.001(10)(i), F.A.C., 5F-2.001(5)(d)2.a, F.A.C., not already listed in this section.

21. Failure to meet any other requirements listed in the standards for biodiesel blends (with fuel oil), as incorporated through the adopted version of ASTM International Designation D396, “Standard Specification for Fuel Oils” in sub-subparagraph 5F-2.001(10)(d), F.A.C., 5F-2.001(5)(d)2.c., F.A.C., not already listed in this section.

22. Failure to meet any other requirements listed in the standards for mid-level ethanol blends, as incorporated through the adopted version of ASTM International Designation D7794, “Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible-Fuel Vehicles with Automotive Spark-Ignition Engines” in sub-subparagraph 5F-2.001(10)(j), F.A.C., 5F-2.001(5)(c)2., F.A.C., not already listed in this section.

23. No change.

24. Violations of Rule 5F-2.018, F.A.C.

24.25. Violations of paragraph 5F-2.003(6)(a), F.A.C.

25.26. Violations of subsection 5F-2.003(7), F.A.C.

26.27. Violations of subsection 5F-2.003(10), F.A.C.

27.28. Violations of subsection 5F-2.005(5), F.A.C.

28.29. Violations of subsection 5F-2.014(2), F.A.C.

29.30. Failure to correct violations of law, rule, or adopted sections of NIST Handbook 44, as adopted in Rule 5F-5.001, F.A.C., or NIST Handbook 130 (pertaining to petroleum measuring devices, as adopted in Rule 5F-7.005, F.A.C.) within the time period specified in a notice of non-compliance.  Any device affected by a correction notice issued pursuant to this rule chapter that is not corrected within the time period specified shall be removed from service until such time that the deficiency has been corrected.

30.31. Failure to meet any requirements listed in the standards for butanol, as incorporated through the adopted version of ASTM International Designation D7862, “Standard Specification for Butanol for Blending with Gasoline for Use as Automotive Spark-Ignition Engine Fuel” in subparagraph 5F-2.001(10)(k), F.A.C., 5F-2.001(5)(e)1., F.A.C.

(d) No change.

(9) No change.

Rulemaking Authority 525.14, 531.41, 570.07(23) FS. Law Implemented 525.16 FS. History–New 2-24-00, Amended 7-30-02, 6-1-06, 5-6-08, 1-3-10, ________.