The changes proposed herein update references to the Code of Federal Regulations; clarify requirements for registered meter mechanics; and update rule and incorporated form related to security measures for statutory compliance ....

 

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

DIVISION OF CONSUMER SERVICES

RULE NOS.:RULE TITLES:

5J-21.003Registration and Identification

5J-21.005Inaccurate Measuring Devices

5J-21.009Security Measures for Petroleum Fuel Measuring Devices

PURPOSE AND EFFECT:  The changes proposed herein update references to the Code of Federal Regulations; clarify requirements for registered meter mechanics; and update rule and incorporated form related to security measures for statutory compliance with new law.

SUMMARY:  The proposed amendments update references to the Code of Federal Regulations; and clarify requirements for registered meter mechanics. In addition, to comply with changes to ch. 525, F.S., by ch. 2021-97, L.O.F., the security measures rule and incorporated department form will be amended.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) AND LEGISLATIVE RATIFICATION: The Agency has determined that these rules 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 rules.  A SERC has not been prepared by the Agency.  The Agency has determined that the proposed rules are 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. The proposed amendments will not add any cost to regulated businesses or the department. The proposed rules merely update standards, clarify requirements for registered meter mechanics, and update an incorporated form. 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:  525.07(10)(e), (g), 525.14, 570.07(23) FS.

LAW IMPLEMENTED: 525.01, 525.035, 525.037, 525.07, 525.08, 525.14, 570.07(16)(h) FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE:

Harold Prince, Chief, Bureau of Standards, 2005 Apalachee Parkway, Tallahassee, FL 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

5J-21.003 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 (1-1-2019 Edition), which is hereby incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Publishing Office, 732 N. Capitol Street N.W., Washington, D.C. 20401, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-         12280.

(2) through (6) No change.

(7) All alternative fuel kept, offered, or exposed for sale, or sold, at retail that contains more than 15% ethanol or 5% methanol shall be identified by a name indicating the amount of ethanol, or methanol in the fuel and shall be labeled as such on the vertical surface of each dispenser housing on the upper fifty percent of the dispenser front panel in a manner conforming with the layout, type size and setting, color, and label protection requirements of 16 CFR Part 306.12 (1-1-2019 Edition), as incorporated by reference in subsection (1) above.

(a) through (c) No change.

(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 1090.1510 80.1501 (85 Federal Register 234, December 4, 2020 7-1-19 Edition), which is hereby incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Publishing Office, 732 N. Capitol N.W., Washington, D.C. 20401, at https://www.govinfo.gov/content/pkg/FR-2020-12-04/pdf/2020-23164.pdf, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-         12282.

(11) through (12) No change.

Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.01, 525.035, 525.037, 525.14 FS. History–New 12-31-74, Amended 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, 1-7-15, Formerly 5F-2.003, Amended 11-15-20,____________.

5J-21.005 Inaccurate Measuring Devices.

(1) through (3) No change.

(4) All persons and service agencies that repair or install petroleum fuel measuring devices must register with the department on FDACS-10990, Weights and Measures Device Mechanic Registration Application, Rev. 02/17, as incorporated by reference in Rule 5J-22.003, F.A.C. Any such registered person or service agency must immediately notify the department at [phone], or by email at [e-mail], or by fax at [phone], after any repairs and/or adjustments to any petroleum measuring devices have been made. Failure of a registered meter mechanic or service agency to notify the department after any repairs and/or adjustments to any petroleum measuring devices that have been made as required is subject to administrative penalties as enumerated in Rule 5J-21.008, F.A.C. In order to make application for registration as an authorized meter mechanic you must:

(a)  through (c) No change.

(d) Annually apply in person at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Standards, 2005 Apalachee Pkwy 3125 Conner Blvd., Tallahassee, FL 32399, or submit the following documents to the department via email at [e-mail] or by Fax [phone]): FDACS-10990, Weights and Measures Device Mechanic Registration Application, Rev. 02/17, a current calibration report for the test measure(s) meeting the requirement listed in section (a) of this rule, a picture of the sealing iron bearing at least the registered mechanics name or initials, and proof of at least one year of experience working as a meter mechanic or proof of working for a service agency currently registered with the department that repairs or installs petroleum fuel measuring devices. The at an annual clinic hosted by the department, to participate in review of current rules and regulations is also required and shall be accomplished by viewing an online presentation found at https://www.fdacs.gov/Business-Services/Petroleum-Inspection. Information regarding the department-provided presentation Annual clinic schedules for retail, high volume, and liquefied petroleum gas meters may be obtained by contacting the department at [phone].

(5) No change.

Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.07 FS. History–New 7-1-74, Repromulgated 12-31-74, 5-3-83, Formerly 5F-2.05, Amended 11-29-94, 5-6-08, 1-3-10, 1-7-15, Formerly 5F-2.005, Amended 11-15-20,                 .

5J-21.009 Security Measures for Petroleum Fuel Measuring Devices

(1)    As used in Section 525.07(10)(a)1., F.S., “pressure-sensitive security tape” means tape that is irreversibly broken, destroyed, or watermarked as voided if removed or attempted to be removed after application. Pressure-sensitive security tape does not include tape that is capable of being reused after its initial application.

(2) As used in Section 525.07(10)(a)4., F.S., “physical locking mechanism” means a uniquely marked high security lock such as a disc type padlock, a high security bezel lock, or a padlock that has a hardened shackle and shackle guard and for which documentation is presented showing that it has been independently tested and found to meet or exceed Central European Norm (CEN) 4.

(3)(2) Each person who owns or operates manages a retail petroleum fuel measuring device shall have affixed to or installed onto the measuring device at least two a security measures to restrict the unauthorized access of customer payment card information. Pursuant to Section 525.07(10)(a)84., F.S., the department shall consider proposed security measures not explicitly authorized by statute and shall approve those found to be at least as restrictive as any one of the security measures listed in Section 525.07(10)(a), F.S.

(4)(3) Each person who owns or operates manages a retail petroleum fuel measuring device and who wishes to use a security measure not listed in Section 525.07(10)(a), F.S., shall submit FDACS-03577, Request for Approval of Alternative Security Measure, effective XX/XX 06/16, hereby incorporated by reference. A copy of this form may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-         07329.

(5)(4) Within 30 days of receipt of FDACS-03577, Request for Approval of Alternative Security Measure, effective XX/XX 06/16, incorporated by reference in subsection (4)(3) of this rule, the department shall provide written notification to the owner or manager whose contact information appears on the request that the request has been granted or denied, or that the request does not provide enough information. If the request does not provide enough information for the department to determine whether the proposed security measure should be approved, the department shall notify the owner or manager whose contact information appears on the request that additional information is required. Failure to provide additional information within 30 days of notification shall result in the denial of the request for approval.

(6)(5) No change.

(7)(6) The department’s approval of an alternative security measure applies only to those locations indicated in the approved request submitted by an owner or operator manager. An approved alternative security measure that fails to restrict the unauthorized access of customer payment card information shall be revoked in accordance with section 120.60, F.S. If an owner or operator manager wishes to use an identical, department-approved alternative security measure at additional locations, the original request for approval may be supplemented by providing the information required by sections 1.-4. of FDACS-03577, Request for Approval of Alternative Security Measure, Rev. XX/XX effective 06/16, incorporated by reference in subsection (4)(3) of this rule.

(8)(7) No change.

(9) If any petroleum fuel measuring device is found without the security measures required by section 525.07(10), F.S., or with an illegal skimming or filtering device or an altered or damaged security measure, the device shall be placed out of service by the department through the issuance of a Stop Use Order, and prohibited from further use until documentation confirming the installation, replacement, or repair of the security measure(s) is received by the department and a Release is issued.

Rulemaking Authority 525.07(10)(g)(e), 525.14, 570.07(23) FS. Law Implemented 525.07, 525.08, 570.07(16)(h) FS. History–New 10-5-16,                   .

NAME OF PERSON ORIGINATING PROPOSED RULE: Harold Prince, Chief of Standards

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Nicole Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 27, 2021