Subject of Possible Rule Making: Chapter 16-657 WAC, Retail pricing of motor and heating fuel. The department is considering repealing this entire chapter and moving still relevant sections to chapter 16-662 WAC, Weights and measures -- National handbooks.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 19.94 and 34.05 RCW.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 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 There are five sections in the existing rule; two of the sections appear outdated and obsolete, and one section is appropriately addressed in chapter 16-662 WAC, Weights and measures -- National handbooks. The remaining two sections of the chapter would be moved to chapter 16-662 WAC during a rule-making process that will run concurrently with this one.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

     Process for Developing New Rule: Department staff will discuss any proposed amendments with affected stakeholders. Affected stakeholders will also have an opportunity to submit written comments on the proposed rules during the public comment period and will be able to present oral testimony at the public hearing.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mary A. Martin Toohey, Assistant Director, Plant Protection Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094, e-mail mtoohey@agr.wa.gov; or Jerry Buendel, Weights and Measures Program Manager, Plant Protection Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1856, fax (360) 902-2094, e-mail jbuendel@agr.wa.gov.

October 2, 2012

Mary A. Martin Toohey

Assistant Director