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Emergency Rules

DECLARATION OF EMERGENCY

Department of Agriculture and Forestry

Horticulture Commission

Arborist Examination (LAC 7:XXIX.113)

In accordance with the emergency provisions of the Administrative Procedure Act, R.S. 49:953(B), and under the authority of R.S.: 2, 3, 3801 and 3807, the Commissioner of Agriculture and Forestry declares an emergency to exist and adopts by emergency process the attached regulations for the suspension of rules governing the taking of the arborist examination.

The governor of the state of Louisiana has declared a state of emergency in Louisiana as a result of hurricanes Gustav and Ike. Both hurricanes have caused severe damage in all of Louisiana as a result of hurricane force winds, rain, floods, and storm surge. Both hurricanes caused thousands of trees to be uprooted, snapped off or blown down. Many of these trees hit power lines, blocked roads and streets and crashed into homes, businesses and other structures. Thousands of other trees, while not blown down, have been severely damaged to the point where they need to be immediately pruned or cut down to prevent further damage to power lines, houses, and other property and to prevent a danger of falling on people. The degree of damage to trees is so severe that the number of currently licensed arborist in Louisiana is inadequate to cope with the state’s need for licensed arborist.

The Department of Agriculture and Forestry has adopted rules and regulations for the examination and licensing of arborist in this state. One of the examination requirements is that persons who take the arborist examination and fails to successfully complete all phases of the examination may not apply to re-take the section of the examination which was not successfully completed for a period of two weeks following the date of the examination not successfully completed. A temporary suspension of this provision for the arborist examination during the state of emergency is necessary to provide for an adequate supply of licensed arborist. Failure to suspend these rules and regulations creates an imminent peril to the public health, safety, and welfare of the citizens of this state by subjecting the citizens to continued damage and injury from trees that are still standing, but which have been damaged by the hurricanes.

This Emergency Rule becomes effective upon the signature of the commissioner, September 21, 2008, and shall remain in effect for 120 days.

Title 7

AGRICULTURE AND ANIMALS

Part XXIX.  Agro-Consumer Services

Chapter 1.Horticulture

§113.Examination Schedule

A. - D....

E.Due to the occurrence of an emergency or disaster declared by the governor as a result of hurricanes Gustav and Ike, all persons taking the arborist examination may re-

take the section of the examination which was not successfully completed after a forty-eight hour interim for the period of time from September 22, 2008 through January 19, 2009.

AUTHORITY NOTE:Emergency rule promulgated in accordance with R.S. 3:2, 3, 3801, 3807 and R.S. 49:953.

HISTORICAL NOTE:Promulgated by the Department of Agriculture, Horticulture Commission, LR 8:185 (April 1982), amended by the Department of Agriculture and Forestry, Horticulture Commission, LR 14:8 (January 1988), LR 18:250 (March 1992), LR 20:640 (June 1994), LR 31:1053 (May 2005), LR 34:

Mike Strain, DVM

Commissioner

0810#006

DECLARATION OF EMERGENCY

Department of Agriculture and Forestry

Office of Agro Consumer Services

Standard Fuel Specifications for Gasoline and Gasoline-Oxygenate Blends (LAC 7:XXXV.303)

In accordance with the emergency provisions of the Administrative Procedure Act, R.S. 49:953 (B), and under the authority of R.S. 3:4608 and 4680, the Commissioner of Agriculture and Forestry declares an emergency to exist and adopts by emergency process the attached regulations for the suspension of rules governing the sale of gasoline with greater than 11.5 reid vapor pressure (RVP).

On August 27, 2008, Governor Bobby Jindal declared a state of emergency in Louisiana for purposes of preparing for Hurricane Gustav and Ike. The hurricanes made landfall in Louisiana and created emergency conditions that threatened the lives and property of the citizens of this state. The state of emergency extends from August 27, 2008 through September 26, 2008, unless terminated sooner.

The Department of Agriculture and Forestry has adopted rules and regulations adopting the ASTM international standards for gasoline reid vapor pressure (RVP). All parishes are required to have11.5 RVP gasoline from September 16 to October 31 of each year. During this emergency period, Louisiana Department of Environmental Quality recommends that fuel of up to 13.5 psi RVP (Volatility Class D-4 gasoline) only be sold in areas that are not subject to the 7.8 RVP summer fuel requirements. Consistent with ASTM standards, through October 31, 2008 the maximum RVP should not exceed 11.5 psi for the following parishes: Ascension, East Baton Rouge, Iberville, Livingston, West Baton Rouge, Pointe Coupee, Beauregard, Calcasieu, Lafayette, St. Mary, Orleans, St. Charles, Jefferson, St. Bernard, St. James and Lafourche. A temporary suspension of these rules and regulations during the emergency is necessary to provide for an adequate supply of gasoline. Failure to suspend these rules and

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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