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 repeal Rule 62-243.300, F.A.C., and ...  

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    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 repeal Rule 62-243.300, F.A.C., and revise Rule 62-243.500, F.A.C. The revisions to Rule 62-243.500, F.A.C., will consolidate the statutory exemptions currently listed in Rule 62-243.300, F.A.C., eliminate reference to a previously repealed rule, and delete provisions that are unnecessary for implementation of the Florida Statutes.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, F.S.

    LAW IMPLEMENTED: 316.2935, F.S.

    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: May 31, 2017, 10:00 a.m.

    PLACE: DEPARTMENT OF ENVIRONMENTAL PROTECTION, 2600 BLAIR STONE ROAD, CONFERENCE ROOM 195, TALLAHASSEE, FLORIDA 32399.

    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 at (850)717-9023 or email at Terri.Long@dep.state.fl.us.

    If you are hearing or speech impaired, please contact the agency by using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (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, (850)717-9023 or email at Terri.Long@dep.state.fl.us.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    62-243.300 Exemptions.

    Specific 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, repealed _______.

     

    62-243.500 Certification.

    (1) Certification Statement.

    (a) Except as provided in subsection 62-243.500(2) 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.

    (b) Except as provided in subsection 62-243.500(2) As provided in paragraph 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.

    (c) through (e) No change.

    (2) Exemptions from the certification requirements of subsection 62-243.500(1), F.A.C.

    (a) The following motor vehicle transactions are exempt from the certification requirements of subsection 62-243.500(1), F.A.C.:

    1. Sales, reassignments, or transfers of motor vehicles by endorsement or delivery of a manufacturer’s or distributor’s statement of origin to a motor vehicle dealer holding a franchise agreement from the manufacturer or distributor issuing the statement of origin.

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

    3. Sales, reassignments, and trades to licensed motor vehicle dealers, where the dealer elects not to request the certification from the seller or person reassigning title.

    4. Sales, reassignments, and trades by licensed motor vehicle dealers to licensed motor vehicle dealers.

    5. Lease agreements for 30 days or less.

    6. Sales of motor vehicles for salvage purposes only.

    (b) The following motor vehicles are exempt from the certification requirements of subsection 62-243.500(1), F.A.C.:

    1. Transactions involving motor vehicles which have net vehicle weights greater than 5,000 pounds or gross vehicle weights greater than 10,000 pounds.

    2. Transactions involving motor vehicles which are designated as model year 1974 or older.

    3. Transactions involving motorcycles, mopeds, scooters, and golf carts, as defined in Section 320.01, F.S.

    4. Transactions involving farm vehicles, as defined in Section 320.51, F.S.

    5. Transactions involving imported nonconforming motor vehicles which are documented to be exempt from federal emission control requirements by the U.S. Environmental Protection Agency under 40 CFR 85, Subpart P.

    (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: Ryan E. Matthews, Esq., Interim Secretary

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 19, 2017

    DATE OF NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 17, 2017