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RULE PROPOSALS 44 N.J.R. 2357(a) Proposed New Rules: N.J.A.C. 13:47H Engine Fuels and Automotive Lubricants Authorized By: Office of Weights and Measures, Robert Campanelli, Acting State Superintendent. Authority: N.J.S.A. 51:1-61. Calendar Reference: See Summary below for explanation of exception to calendar requirement. Proposal Number: PRN 2012-148. Submit comments by December 14, 2012 to: Robert Campanelli, Acting State Superintendent Office of Weights and Measures 1261 Routes 1 and 9 South Avenel, NJ 07001 The agency proposal follows: Summary With respect to engine fuels and automotive lubricants, the Office of Weights and Measures (OWM) has been concerned primarily with quantity assurance. Recently OWM has been receiving an increasing number of complaints that question the quality of fuels and lubricants sold to the public. For example, does a fuel that is required to comprise a specified proportion of ethanol, contain the required proportion? Does a fuel advertised to be a certain blend actually contain the components in the proportions advertised? Up to now, OWM has not seen the need to adopt quality standards, but has determined that standards are required if OWM is to engage in quality assurance. The National Conference on Weights and Measures (NCWM) is a not-for-profit corporation dedicated to developing the U.S. standards for weights and measures. It develops specifications, tolerances, and other technical requirements for weighing and measuring devices; procedures for checking net contents of packaged goods; and model laws and regulations. The model laws and regulations are published in the National Institute for Standards and Technology (NIST) Handbook 130. The Uniform Regulation for Engine Fuels and Automotive Lubricants was adopted by NCWM in 1995 and most recently amended in 2008. OWM proposes to adopt the Uniform Regulation for Engine Fuels and Automotive Lubricants by incorporating it by reference. The rules also set forth violations and enforcement provisions. The Acting Superintendent has determined that the comment period for this notice of proposal shall be 60 days. Therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement. Social Impact The Office of Weights and Measures anticipates that the proposed new rules will have a positive impact on the public and sellers of engine fuels and automotive lubricants. The rules benefit consumers by incorporating the standards as rules, which will enable the Office of Weights and Measures to assure the quality of engine fuels and automotive lubricants sold in New Jersey. Wholesale and retail sellers of engine fuels and [page=2358] automotive lubricants will benefit from a uniform notice of their responsibilities in the marketplace. Economic Impact The Office of Weights and Measures believes that the proposed new rules will have no economic impact on the regulated community, because adoption of the NIST Handbook 130 standards merely provides the Office with a tool for enforcement of national and industry-recognized standards that are already in effect. The Office believes that there will be no additional costs in the enforcement of these rules. Federal Standards Statement A Federal standards analysis is not required because the proposed new rules are governed by N.J.S.A. 51:1-61 and voluntarily adopt by reference the standards developed by the National Institute of Standards and Technology (NIST) Handbook 130 related standards for engine fuels and automotive lubricants sold in the State of New Jersey. NIST is an agency of the U.S. Department of Commerce. Jobs Impact The Office of Weights and Measures does not anticipate that the proposed new rules will increase or decrease jobs in the State. Agriculture Industry Impact The proposed new rules will have no impact on the agriculture industry in the State. Regulatory Flexibility Analysis There are approximately 2,500 gasoline retailers in the State, many of which may be considered "small businesses" under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq. The proposed new rules incorporate by reference national and industry recognized standards for engine fuels and automotive lubricants. They do not impose reporting or recordkeeping requirements on small businesses. Businesses of all sizes should have been complying with the standards; the proposed new rules will give OWM authority to enforce them. The compliance and cost factors are discussed in the Summary and Economic Impact above. The proposed new rules do not require professional services in order to comply. Because the proposed new rules incorporate uniform standards, they must be applied uniformly to all businesses without regard to size. Housing Affordability Impact Analysis The proposed new rules will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed new rules concern standards for engine fuels and automotive lubricants. Smart Growth Development Impact Analysis The proposed new rules will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed new rules concern standards for engine fuels and automotive lubricants. Full text of the proposed new rules follows: CHAPTER 47H ENGINE FUELS AND AUTOMOTIVE LUBRICANTS SUBCHAPTER 1. ENGINE FUELS AND AUTOMOTIVE LUBRICANTS 13:47H-1.1 Engine fuels and automotive lubricants The Uniform Engine Fuels and Automotive Lubricants Regulations contained in the National Institute of Standards and Technology Handbook 130, 2012 edition at page 165 adopted by the National Conference on Weights and Measures are incorporated herein by reference as amended and supplemented. The Uniform Engine Fuels and Automotive Lubricants Regulations may be found at http://www.nist.gov/pml/wmd/pubs/upload/2012-h130-final2.pdf. All engine fuels and automotive lubricants sold or offered for sale in this State must comply with these regulations. 13:47H-1.2 Violations; enforcement (a) Any violation of or noncompliance with the provisions of this subchapter shall subject the violator to a penalty of not less than $ 100.00 as authorized by N.J.S.A. 51:1-89. (b) The provisions of this subchapter shall be enforceable by the State Superintendent of Weights and Measures and county or municipal superintendents and all weights and measures officers. 1. When used in the National Institute of Standards and Technology Handbook 130, the term "Director" shall mean the State Superintendent of Weights and Measures and county or municipal sup
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