69A-62.005: Exemption from 29 Code of Federal Regulations, Section 1910.134(g)(4)
PURPOSE AND EFFECT: The purpose of the proposed rule repeal is to rid Rule Chapter 69A-62, F.A.C., of outdated language.
SUMMARY: Section 633.821(2), (3), F.S., directs the Department to adopt by rule 29 C.F.R. s. 1910.134(g)(4), the “two-in two-out” rule. Local government is given an implementation day of April 1, 2002. If unable to implement without adding additional personnel to its firefighting staff or expending significant additional funds, an extension of 6 months is provided, as long as the Department is notified of the election. If after that time the local government is still unable to comply, they become exempt from the requirement; however the Department must annually confirm entitlement to the exemption. The Department never received a notification of election to extend and therefore has nothing to confirm. This rule implemented the statute and is no longer required.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an impact on small business. An SERC has not been prepared by the agency.
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: 633.01, 633.821(2) FS.
LAW IMPLEMENTED: 633.45(1)(a), 633.821(2) FS.
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: Monday, April 25, 2011, 10:30 a.m.
PLACE: Third Floor Conference Room, The Atrium, 325 John Knox Road, Tallahassee, Florida 32303
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: Barry Baker, Chief, Division of Fire Standards and Training, (352)732-1433; Barry.Baker@myfloridacfo.com. If you are hearing or speech impaired, please contact the agency 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: Barry Baker, Chief, Division of Fire Standards and Training, (352)732-1433; Barry.Baker@myfloridacfo.com
THE FULL TEXT OF THE PROPOSED RULE IS:
69A-62.005 Exemption from 29 Code of Federal Regulations, Section 1910.134(g)(4).
Rulemaking Specific Authority 633.01, 633.821(2) FS. Law Implemented 633.45(1)(a), 633.821(2) FS. History–New 9-15-02, Formerly 4A-62.005, Repealed________.