Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-20-060.

     Title of Rule and Other Identifying Information: Chapter 16-657 WAC, Retail pricing of motor and heating fuel, the department is proposing to repeal this entire chapter and move still relevant sections to chapter 16-662 WAC, Weights and measures -- National handbooks.

     Hearing Location(s): Washington State Department of Agriculture (WSDA), 1111 Washington Street S.E., 2nd Floor, Room 259, Olympia, WA 98504-2560, on January 9, 2013, at 10:00 a.m.

     Date of Intended Adoption: January 11, 2013.

     Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail hgonzales@agr.wa.gov, fax (360) 902-2094, by January 9, 2013.

     Assistance for Persons with Disabilities: Contact Henri Gonzales by January 2, 2013, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this chapter is to regulate the sale of retail motor fuel and home heating products and dispensers. There are five sections in the existing rule; two of the sections are outdated and obsolete, and one section is redundant, as it is appropriately addressed in chapter 16-662 WAC, Weights and measures -- National handbooks, already. The remaining two sections of the chapter are proposed to be moved to chapter 16-662 WAC during a rule-making process that will run concurrently with this one.

     Reasons Supporting Proposal: The entire rule with the exception of WAC 16-657-001 and 16-657-025 is outdated or already addressed elsewhere in regulation. The two sections that are still relevant are being updated and moved to chapter 16-662 WAC.

     Statutory Authority for Adoption: RCW 19.94.190 and chapter 34.05 RCW.

     Statute Being Implemented: RCW 19.94.190.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: WSDA, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jerry Buendel, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-1856.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. No new costs will be incurred as a result of repealing the chapter and moving two of the sections, with minimal clarifying changes, into chapter 16-662 WAC.

     A cost-benefit analysis is not required under RCW 34.05.328. WSDA is not a listed agency under RCW 34.05.328 (5)(a)(i).

December 5, 2012

Mary A. Martin Toohey

Assistant Director

OTS-5191.1

REPEALER
     The following chapter of the Washington Administrative Code is repealed:

WAC 16-657-001	Retail sales of motor fuels and home heating products.
WAC 16-657-010	Compliance schedule for retail motor fuel and home heating products dispensers.
WAC 16-657-025	Posting of motor fuel prices -- Cash and credit sales.
WAC 16-657-030	Interim retail sales of home heating products.
WAC 16-657-040	Posting of alcohol blend gasolines.