Pursuant to Executive Orders 11-01, 11-72 and 11-211, which require the Department to identify and revise rules that are unnecessary, unnecessarily burdensome, or duplicative, the Department is proposing to revise Rules 62-243.300, and 62-243.500, F....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Division of Air Resource Management

RULE NOS.:RULE TITLES:

62-243.300Exemptions

62-243.500Enforcement

PURPOSE AND EFFECT: Pursuant to Executive Orders 11-01, 11-72 and 11-211, which require the Department to identify and revise rules that are unnecessary, unnecessarily burdensome, or duplicative, the Department is proposing to revise Rules 62-243.300, and 62-243.500, F.A.C. The revisions will eliminate reference to a previously repealed rule and delete provisions that are unnecessary for implementation of the Florida Statutes. 

SUMMARY: The proposed rule amendments address tampering with motor vehicle air pollution control equipment.

OTHER RULES INCORPORATING RULE 62-243.300, F.A.C.: 62-243.500, F.A.C.

OTHER RULES INCORPORATING RULE 62-243.500, F.A.C.: 62-243.300, F.A.C.

EFFECT ON THOSE OTHER RULES: There will be no effect on other rules.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: The Department has determined that amendment of this rule will not have an adverse impact on small business or increase regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. The Department has not prepared a statement of estimated regulatory costs (SERC). The Department has determined that the proposed rule is not expected to require legislative ratification based on the SERC, or, if no SERC is required, the information expressly relied upon and described herein: The Department has determined that the amendments to these rules remove unnecessary portions of the rules and therefore will not increase regulatory costs for any entity. Any person who wishes to provide a proposal for a lower cost regulatory alternative, must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 316.2935, FS.

LAW IMPLEMENTED: 316.2935, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW. (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: SEPTEMBER 26, 2016, 10:00 a.m.

PLACE: Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida, Conference Room 609

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Terri Long, [phone], E-mail: [e-mail]. If you are hearing or speech impaired, please contact the agency by using the Florida Relay Service, 1 [phone] (TDD) or 1 [phone] (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Terri Long, Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida, 32399-2400, Telephone: [phone], E-mail: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-243.300 Exemptions.

(1) No change.

(2) Motor vehicles which are owned by persons who have received hardship exemptions, or exchanged engine certifications, pursuant to Department of Highway Safety and Motor Vehicles Rule 15C-6.002, F.A.C., are exempt from the provisions of subsection 62-243.400(1), F.A.C., but, unless otherwise exempted, are subject to the provisions of subsection 62-243.400(2) and Rule 62-243.500, F.A.C.

(3) The following motor vehicle transactions are exempt from the provisions of subsection 62-243.400(2), F.A.C.:

(a) Sales, reassignments, and trades to licensed motor vehicle dealers.

(b) First-time retail sales or leases of new motor vehicles subject to certification under Section 207, Clean Air Act, 42 U.S.C., 7541.

(c) Lease agreements for 30 days or less.

(d) Sales of motor vehicles for salvage purposes only.

(3)(4) The following motor vehicle transactions are exempt from the certification requirement of Rule 62-243.500, F.A.C.:

(a) through (f) No change.

Rulemaking Authority 316.2935 FS. Law Implemented 316.2935, 325.209 FS. History–New 2-21-90, Amended 5-29-90, 1-2-91, ________, Formerly 17-243.300.

 

62-243.500 Certification Statement.

(1) Certification Statement.

(1)(a) Except as provided in subsection 62-243.300(4), F.A.C., on and after January 1, 1991, at the time of sale, lease, or transfer of title of a nonexempt motor vehicle, the seller, lessor, or person transferring title shall provide a written certification to the purchaser, lessee, or transferee that the air pollution control equipment of the motor vehicle has not been tampered with by the seller, lessor, transferor, or by his or her agents, employees, or other representatives.

(2)(b) As provided in paragraph 62-243.500(4) 62-243.500(1)(d), F.A.C., a licensed motor vehicle dealer shall also visually observe and certify in writing that specific air pollution devices and systems are in place and appear properly connected and undamaged.

(3)(c) For sales, leases, or transfers of title by private parties, the certification shall read as follows:

(a)1. Florida law prohibits the operation, sale, lease, or transfer of title of any automobile or light-duty truck (1975 or newer, 10,000 pounds gross vehicle weight or less) that has been tampered with. “Tampering” means the dismantling, removal, or rendering ineffective of any air pollution control device or system which has been installed on a motor vehicle by the vehicle manufacturer except to replace such device or system with a device or system equivalent in design and function to the part that was originally installed on the motor vehicle (Section 316.2935, F.S.).

(b)2. As the owner of this motor vehicle, or on behalf of the owner which is an organization, firm, or other such entity, I hereby certify that the following air pollution emission control devices and systems of this vehicle, if installed by the vehicle manufacturer or importer, have not been tampered with by me or with my permission, or by or with the permission of the owner of said vehicle: catalytic converter, fuel inlet restrictor, unvented fuel cap, exhaust gas recirculation system (EGR)*, air pump and/or air injection system (AIS)*, and fuel evaporative emissions system (EVP)* (*1981 and newer vehicles only).

(c)3. This certification shall not be deemed or construed as a warranty that any air pollution control device or system of the vehicle is in functional condition, nor does the execution or delivery of this certification create by itself grounds for a cause of action between the parties to this transaction.

(4)(d) For sales, leases, or transfers of title by licensed motor vehicle dealers to private parties, the certification shall read as follows:

(a)1. Florida law prohibits the operation, sale, lease, or transfer of title of any automobile or light-duty truck (1975 or newer, 10,000 pounds gross vehicle weight or less) that has been tampered with. “Tampering” means the dismantling, removal, or rendering ineffective of any air pollution control device or system which has been installed on a motor vehicle by the vehicle manufacturer except to replace such device or system with a device or system equivalent in design and function to the part that was originally installed on the motor vehicle (Section 316.2935, F.S.).

(b)2. As a motor vehicle dealer licensed to conduct business in the State of Florida, I hereby certify that the following air pollution emission control devices and systems of this vehicle, if installed by the vehicle manufacturer or importer, have not been tampered with by me or by my agents, employees, or other representatives: catalytic converter, fuel inlet restrictor, unvented fuel cap, exhaust gas recirculation system (EGR),* air pump and/or air injection system (AIS),* and fuel evaporative emissions system (EVP)* (*1981 and newer vehicles only). I also hereby certify that I or persons under my supervision have inspected this motor vehicle and, based on said inspection, have determined that the above-listed air pollution control devices and systems, if installed by the vehicle manufacturer or importer, are in place and appear properly connected and undamaged as determined by visual observation.

(c)3. This certification shall not be deemed or construed as a warranty that any air pollution control device or system of the vehicle is in functional condition, nor does the execution or delivery of this certification create by itself grounds for a cause of action between the parties to this transaction.

(5)(e) The certification statement shall be provided on the bill of sale, lease agreement, or other document furnished by the seller, lessor, or person transferring title. The make, model, year, and vehicle identification number of the motor vehicle being sold, leased, or transferred shall be included on the document containing the certification statement.

(2) Acknowledgment of Certification.

(a) All parties to a transaction, or their authorized agent(s) or attorney(s) in fact, shall acknowledge that the certification required by this section has been prepared, tendered and received. Such acknowledgment may be included on the face of the certification document and shall reflect the date of tender and receipt.

(b) Those persons authorized or empowered to execute motor vehicle title transactions shall also be authorized to execute the certification as described by subparagraph (a).

Rulemaking Authority 316.2935 FS. Law Implemented 316.2935 FS. History–New 5-29-90, Amended 1-2-91, __________. Formerly 17-243.500.

 

NAME OF PERSON ORIGINATING PROPOSED RULE:  Terri Long, Division of Air Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jonathan P. Steverson, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 22, 2016

DATE OF NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 8, 2016