The purpose and effect of the proposed rule amendment is to repeal rules identified during the comprehensive rule review required by Executive Order 11-211 as duplicative, unnecessarily burdensome or no longer necessary.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-807.460Conduct of Studies

62-807.690Evidence of Notice, Additional Notice

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to repeal rules identified during the comprehensive rule review required by Executive Order 11-211 as duplicative, unnecessarily burdensome or no longer necessary.

SUMMARY: Rule 62-807.460, F.A.C. specifies the form and content of information that may be needed to supplement studies made by the applicant in support of an application for corridor certifications under the Natural Gas Pipeline Siting Act. Rule 62-870.690, F.A.C. specifies that failure of service or to give notice to the public or any persons entitled to receive service or notice pursuant to Chapter 62-807 may be cured by the order of the Administrative Law Judge. The rule further specifies that failure to have the notice timely published in the newspaper may be grounds for alteration of a time limitation set forth in the Act. These rules are being repealed because they are unnecessary and not essential to meeting statutory provisions. Rule 62-807.460, F.A.C. is incorporated by reference in Rules 62-807.480 and 62-807.610. Those rules will have to be updated to remove the reference to Rule 62-807.460, F.A.C.

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: repeal of these rules will not have an adverse impact or increase regulatory costs on any entity.

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: 403.9404(1), (2) FS.

LAW IMPLEMENTED: 403.9411(1), 403.9414 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: Preston McLane, 2600 Blair Stone Road, MS 5505, Tallahassee, FL, 32399, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-807.460 Conduct of Studies.

Rulemaking Authority 403.9404(1) FS. Law Implemented 403.941 FS. History–New 8-12-93, Formerly 17-807.460, Amended 3-3-15, Repealed__________.

 

62-807.690 Evidence of Notice, Additional Notice.

Rulemaking Authority 403.9404(1), (2) FS. Law Implemented 403.9411(1), 403.9414 FS. History–New 8-12-93, Formerly 17-807.690, Amended 3-3-15, Repealed__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Preston McLane

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 8, 2015