Adopt motor fuel dispenser labeling requirements pertaining to ADA fueling assistance at self-service gas stations and establish maximum time limit reporting requirements for the installation of petroleum fuel measuring devices.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

5J-21.007Adoption 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

PURPOSE AND EFFECT: Adopt motor fuel dispenser labeling requirements pertaining to ADA fueling assistance at self-service gas stations and establish maximum time limit reporting requirements for the installation of petroleum fuel measuring devices.

SUMMARY: Section 526.141(5)(b), F.S., requires the department to adopt rules pertaining to the labeling of motor fuel dispensers pertaining to ADA fueling assistance at self-service gas stations. Section 525.07, F.S., requires the department to be notified upon installation of new petroleum fuel measuring devices, but does not specify time limits. Time limits are necessary so they are not reported too far in advance or too long after installation. Time limits for post installation notification already exist in rule, but there are no limits for pre-installation notification.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. Additionally, no interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 525.14, 526.09, 526.141(5)(b), 531.40, 531.41(3), 570.07(23) FS.

LAW IMPLEMENTED: 525.07, 526.141(5)(b), 531.40 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Matthew D. Curran, Ph.D., Chief, Bureau of Standards, 3125 Conner Blvd., Bldg. #2, Tallahassee, FL 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

5J-21.007 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 (2) No change.

(3) Any registered person or agency that has installed a petroleum fuel measuring device must report the existence of the petroleum device to the department at [phone] or by fax at [phone], within twenty-four (24) hours after installation, but no sooner than 10 days prior to installation using FDACS-03017 FDACS-03219, Placed in Service Report, Rev. 07/15 12/12, hereby incorporated by reference. Copies of this form may be accessed at http://www.flrules.org/Gateway/reference http://www.flrules.org/Gateway/reference.asp?No=Ref-04793.

(4) Each Effective July 1, 2015, 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 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) All retail motor fuel dispensers in operation at self-service facilities shall comply with the provisions of Section 526.141(5)(b), F.S.

(a) As used in Section 526.141(5)(b), F.S., the term “pump” means the face of a motor fuel dispenser or a stand-alone unit as described in paragraph (b) of this subsection.

(b)The term “affixed,” as used in Section 526.141(5)(b), F.S., means:

1. Directly attached to the pump on the upper fifty percent of the front panel in a position clear and conspicuous from the driver’s position; or

2. Directly attached to a stand-alone unit located no more than 36” from either side of the motor fuel dispenser, at a height equivalent to the upper fifty percent of the motor fuel dispenser’s front panel, and in a position clear and conspicuous from the driver’s position. If a stand-alone unit is used, it must contain controls to communicate directly with the self-service facility’s staff.

(6)(5) No change.

Rulemaking Authority 525.14, 526.09, 526.141(5)(b), 531.40, 531.41(3), 570.07(23) FS. Law Implemented 525.07, 526.141(5)(b), 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, 1-7-15, Formerly 5F-2.01, Amended                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Matthew Curran, Chief of Standards

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 4, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 6, 2015