FPMA Important Member Update
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Consumer Services
RULE NO.: 5JER16-1
RULE TITLE: Volatility Standards for Gasoline
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: As a result of the effects on the supply and distribution of fuel following an incident in Alabama requiring Colonial Pipeline to shut down Pipeline #1, which routes gasoline to the east coast, extreme and unusual circumstances exist that will prevent the distribution of an adequate fuel supply to consumers in specified Florida counties. Several other southeastern states have issued similar fuel volatility waivers. Pursuant to these actions by the other southeastern states, and following the adoption of this emergency rule, waiving certain volatility standards in specified Florida counties will allow for adequate and rapid distribution of available fuel, helping to stabilize the fuel market in the specified counties, thus protecting the welfare of Florida consumers in these counties. Specifically, the affected counties in Florida are Escambia, Jackson, Leon, and Okaloosa.
REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: This emergency rule was initiated at the request of fuel suppliers in order to more adequately meet the fuel needs of Florida consumers in these specified counties, as a result of current fuel shortages created by an incident in Alabama requiring Colonial Pipeline to shut down Pipeline #1, which routes gasoline to the east coast. This emergency rule will help alleviate present distribution difficulties and shortages of motor fuel resulting from this event to provide relief to affected areas in Florida.
SUMMARY: This emergency rule allows for the retail distribution and sale of gasoline of a different volatility class than adopted in ASTM International designation D4814-13a as adopted in Rule 5J-21.001, F.A.C., for the period beginning October 4, 2016, through October 31, 2016, in Escambia, Jackson, Leon, and Okaloosa counties in Florida. The specific standards affected are indicated below.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Richard Kimsey, Chief, Bureau of Standards, 3125 Conner Blvd., Bldg. #2, Tallahassee, FL 32399, (850)921-1570
THE FULL TEXT OF THE EMERGENCY RULE IS: 5JER16-1 Volatility Standards for Gasoline (1) Volatility Class D-4 fuels as specified in ASTM International designation D4814-13a, shall be allowed for the time period from October 4, 2016, through October 31, 2016, for retail distribution and sale in Escambia, Jackson, Leon, and Okaloosa counties. Rulemaking Authority 525.037, 525.14, 570.07(23) FS. Law Implemented 525.01, 525.037, 525.14 FS. History - New 10-4-16.