On February 24, 2015, the Department received a Petition for Waiver of Rule 5J-20.048(1)(a), F.A.C., filed by AmeriGas Propane (Petitioner). Notice of receipt of the Petition was published in Vol. 41, No. 41 of the Florida Administrative Register on ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

5J-20.048Storage of Cylinders Awaiting Use, Resale, or Exchange

The Department of Agriculture and Consumer Services hereby gives notice:

On February 24, 2015, the Department received a Petition for Waiver of paragraph 5J-20.048(1)(a), F.A.C., filed by AmeriGas Propane (Petitioner). Notice of receipt of the Petition was published in Vol. 41, No. 41 of the Florida Administrative Register on March 2, 2015.

Petitioner requested a permanent waiver from paragraph 5J-20.048(1)(a), F.A.C., which sets forth certain requirements regarding the storage of liquefied petroleum gas cylinders awaiting use, resale, or exchange. Specifically, Petitioner requested a waiver of the requirement that over one-half of its cylinder storage unit be constructed of ventilated metal.

On March 24, 2015, the Department sent a First Request for Additional Information. Petitioner’s response was received June 4, 2015. The Department’s Second Request for Additional Information was sent June 29, 2015. Petitioner’s response was received July 24, 2015.

On October 21, 2015, the Department issued an order denying the petition because Petitioner failed to demonstrate that its storage unit achieves the safety purposes of the underlying statute. Petitioner also failed to demonstrate the existence of a substantial hardship or a violation of the principles of fairness.

A copy of the Order or additional information may be obtained by contacting: Matthew D. Curran, Ph.D., Chief, Bureau of Standards, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650 or by calling Dr. Matthew D. Curran at [phone].