4708106, 5F-2.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 4708106

Notice of Development of Rulemaking

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Standards

Chapter:

GASOLINE AND OIL INSPECTION

Overview

RULE:

5F-2.001	Standards (Transferred)
5F-2.002	Disposition of Below Standard Gasoline, Kerosene, Diesel Fuel Oils No. 1-D and No. 2-D, and Fuel Oils No. 1 and No. 2, and Alternative Fuels (Transferred)
5F-2.003	Registration and Identification (Transferred)
5F-2.005	Inaccurate Measuring Devices (Transferred)
5F-2.014	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 (Transferred)
5F-2.016	Guidelines for Imposing Administrative Penalties (Transferred)

PURPOSE:

The purpose and effect of amending Rule 5F-2.001, F.A.C., is to:
1. adopt current editions of ASTM International fuel quality specification designations for gasoline, diesel fuels, kerosene, fuel oils, and various alternative fuels listed in Chapter 5F-2, Florida Administrative Code, so that the Department will use the most recent nationally recognized standards for petroleum products developed by a consensus organization;
2. add “end point” distillation requirements to alternative fuels to protect consumers from contaminated fuel;
3. define and include B99 with the existing B100 for use and specifications;
4. revise the vapor pressure requirements for certain alcohol modified fuels to allow more of these fuels to be marketed;
5. redefine the term and standards for biodiesel blends to include fuel oil as a blending agent to concur with general practices.
The purpose and effect of amending Rule 5F-2.002, F.A.C., is to provide disposition processes for certain substandard fuels in order to create a modified process for less severely contaminated fuels.
The purpose and effect of amending Rule 5F-2.003, F.A.C., is to update the labeling requirements of certain fuels to make Department rules in accord with new federal labeling requirements and to add a web address for certain Department forms, making them more accessible.
The purpose and effect of amending Rule 5F-2.005, F.A.C., is to allow an alternative method for dealing with improperly registering petroleum fuel measuring devices that have been repaired. This will increase the efficiency of Department personnel.
The purpose and effect of amending Rule 5F-2.014, F.A.C., is to:
1. add requirements to standards for petroleum fuel measuring devices to protect the consumer from fueling improperly or receiving short measure;
2. adopt the 2007 edition of National Institute of Standards and Technology (NIST) Handbook 44 which contains specifications and testing criteria for liquid and vapor measuring devices in order to incorporate the most recent nationally recognized specifications and testing criteria for measuring devices developed by a consensus organization.
The purpose and effect of amending Rule 5F-2.016, F.A.C., is to update the penalty matrices to reflect the proposed changes in Chapter 5F-2, F.A.C.

SUBJECT:

Proposed rule Chapter 5F-2, F.A.C., will specify that the most recent editions of ASTM International standards for fuels and other vehicular fluids are to be accepted for implementation. Changes and additions regarding specifications and labeling of these products are also addressed. New requirements for petroleum measuring devices are addressed. Changes and/or updates for penalties for violations are addressed. The website to the Gasoline and Oil Inspection Affidavit form is added.

RULEMAKING AUTHORITY:

525.037, 525.07, 525.14, 525.16, 526.09, 531.40, 531.41(3) FS.

LAW:

525.01, 525.035, 525.037, 525.07, 525.14, 525.16, 526.01(1),(3), 531.40 FS.

PRINT PUBLISH DATE:

10/12/2007 Vol. 33/41

RELATED STATUTES
AND LAWS:

525.037, 525.07, 525.14, 525.16, 526.09, 531.40, 531.41(3) FS., 525.01, 525.035, 525.037, 525.07, 525.14, 525.16, 526.01(1),(3), 531.40 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=5F-2.001&PDate=10/12/2007&Section=1

REFERENCE MATERIALS:

No reference(s).

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