AAM-18-08-00005-P National Institute of Standards and Technology Handbook 44, 2008 Edition

4/30/08 N.Y. St. Reg. AAM-18-08-00005-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 18

April 30, 2008

RULE MAKING ACTIVITIES

DEPARTMENT OF AGRICULTURE AND MARKETS

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. AAM-18-08-00005-P

National Institute of Standards and Technology Handbook 44, 2008 Edition

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

This is a consensus rule making to amend section 220.2 of Title 1 NYCRR.

Statutory authority:

Agriculture and Markets Law, sections 16, 18 and 179

Subject:

National Institute of Standards and Technology Handbook 44, 2008 edition.

Purpose:

To incorporate by reference.

Text of proposed rule:

Subdivision (a) of section 220.2 of 1 NYCRR is amended to read as follows:

(a) Except as otherwise provided in this Part, the specifications, tolerances and regulations for commercial weighing and measuring devices shall be those adopted by the [91st] 92nd National Conference on Weights and Measures [2006] 2007 as published in the National Institute of Standards and Technology Handbook 44, [2007] 2008 edition. This document is available from the National Conference on Weights and Measures, 15245 Shady Grove Road, Rockville, MD 20850, or the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. It is available for public inspection and copying in the office of the Director of Weights and Measures, Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, or in the office of the Department of State, 41 State Street, Albany, NY 12231.

Text of proposed rule and any required statements and analyses may be obtained from:

Ross Andersen, Department of Agriculture and Markets, 10B Airline Dr., Albany, NY 12235, [phone], e-mail: ross. [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The proposed rule will amend 1 NYCRR section 220.2 to incorporate by reference the 2008 edition of National Institute of Standards and Technology Handbook 44 in place of the 2007 edition which is presently incorporated by reference.

The proposed rule is non-controversial. The 2008 edition of Handbook 44 has been adopted by or is in use in every state other than New York; the State's manufacturers of weighing and measuring devices already, therefore, conform their operations to the provisions of this document in order to sell their products in interstate commerce. Furthermore, the State's users of commercial weighing and measuring devices also already use devices that conform to the provisions of this document due to its nearly-nationwide applicability. The proposed rule will not, therefore, have any adverse impact upon regulated businesses and is, therefore, non-controversial.

Job Impact Statement

The proposed rule will not have an adverse impact on jobs or on employment opportunities.

The proposed rule will incorporate by reference in 1 NYCRR section 220.2 the 2008 edition of National Institute of Standards and Technology Handbook 44 (henceforth, “Handbook 44 (2008 edition)”) which contains specifications, tolerances and regulations for commercial measuring devices. The 2007 edition of Handbook 44 is presently incorporated by reference. Handbook 44 (2008 edition) differs from the 2007 edition in that it amends several security requirements for all device types that have multiple measuring elements with a single indicating element; amends requirements for metric unit abbreviations on printers; amends the testing procedures used to evaluate off-center loading performance for most small scales; and revises several requirements to support specific needs of metering systems used to fuel aircraft. Handbook 44 (2008 edition) also differs from the 2007 edition in that it includes technical requirements for automatic temperature compensating accessories for vehicle mounted metering systems. Although such accessories are not currently authorized by statute, incorporation by reference of technical requirements for such accessories will allow prospective manufacturers, sellers and users thereof to plan accordingly if and when such accessories are permitted.

Handbook 44 (2008 edition) has been adopted by or is in use in every state other than New York; the State's manufacturers and users of weighing and measuring devices already, therefore, conform their operations to the provisions of this document in order to sell their products in interstate commerce.

The proposed rule will not, therefore, have any adverse impact upon jobs or employment opportunities.