AAM-23-16-00005-P National Institute of Standards and Technology ("NIST") Handbook 44; Receipts Issued by Taxicab Operators, Digital Scales

6/8/16 N.Y. St. Reg. AAM-23-16-00005-P

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 23

June 08, 2016

RULE MAKING ACTIVITIES

DEPARTMENT OF AGRICULTURE AND MARKETS

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. AAM-23-16-00005-P

National Institute of Standards and Technology ("NIST") Handbook 44; Receipts Issued by Taxicab Operators, Digital Scales

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(a) and (c); repeal section 220.2(d); renumber section 220.2(e) and (f) to (d) and (e) of Title 1 NYCRR.

Statutory authority:

Agriculture and Markets Law, sections 16, 18 and 179

Subject:

National Institute of Standards and Technology ("NIST") Handbook 44; receipts issued by taxicab operators, digital scales.

Purpose:

To incorporate NIST Handbook 44 (2016 edition); to allow handwritten taxicab receipts; to liberalize scale requirements.

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 [99th] 100th National Conference on Weights and Measures [2014] 2016 as published in the National Institute of Standards and Technology Handbook 44, [2015] 2016 edition. This document is available from the National Conference on Weights and Measures, 1135 M Street, Suite 110, Lincoln, NE 68508, 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, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, New York 12231.

The first sentence of subdivision (c) of section 220.2 of 1 NYCRR is repealed and a new first sentence is added thereto to read as follows:

(c) Notwithstanding any provision of regulation to the contrary, a municipal agency, authority, or department that has regulatory authority over taximeters may exempt taxicabs, operating within its jurisdiction, from having to have available an integral or separate recording element to provide receipts for fares and may allow such taxicabs to provide handwritten receipts for fares.

Paragraphs (1)-(10) of subdivision (c) of section 220.2 of 1 NYCRR are repealed.

Subdivision (d) of section 220.2 of 1 NYCRR is repealed and subdivisions (e) and (f) are re-lettered to be subdivisions (d) and (e), respectively.

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

Mike Sikula, Director, Bureau of Weights & Measures, NYS Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, [phone], email: [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 subdivision (a) of 1 NYCRR section 220.2 to incorporate by reference the 2016 edition of National Institute of Standards and Technology Handbook 44 and will amend subdivision (c) of such section to allow certain taxicab operators to issue handwritten receipts. The proposed rule will, also, repeal subdivision (d) of such section to allow Class III scales to have a lesser number of gradations than presently required.

The proposed amendment to subdivision (a) of 1 NYCRR section 220.2 is non-controversial. The 2016 edition of Handbook 44 has been adopted by or is in the process of being adopted by every state; manufacturers of weighing and measuring devices located in New York 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 amendment to subdivision (c), and the proposed repeal of subdivision (d), of 1 NYCRR section 220.2 are, also, non-controversial; both actions will “liberalize” certain existing requirements, thereby placing a lesser burden upon regulated parties.

Based upon the foregoing, the proposed rule will not have any adverse impact upon parties regulated pursuant thereto 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 subdivision (a) 1 NYCRR section 220.2 the 2014 edition of National Institute of Standards and Technology Handbook 44 (henceforth, “Handbook 44 (2016 edition)”) which contains specifications, tolerances and regulations for commercial measuring devices. The 2014 edition of Handbook 44 is presently incorporated by reference. Handbook 44 (2016 edition) differs from the 2014 edition in that it permits operators of weighing and measuring devices to issue electronic receipts when the device is equipped to do so; clarifies conditions for determining whether such devices are accurate; establishes requirements applicable to receipts issued by or from devices that dispense fuel to propane-powered vehicles; requires taxicabs to be equipped with printers; grants approval to timing mechanisms currently incorporated in electric vehicle charging devices; and other, non-substantive additions, amendments, and deletions. Handbook 44 (2016 edition) has been adopted or is in the process of being adopted by every state; manufacturers and users of weighing and measuring devices located in New York already, therefore, conform their operations to the provisions of this document in order to sell their products in interstate commerce.

The proposed rule will, also, amend subdivision (c) of 1 NYCRR section 220.2 to allow municipal directors of weights and measures who have regulatory authority over taxicabs to allow operators thereof to issue handwritten receipts rather than “printed” receipts. Finally, the proposed rule will permit “Class III” scales to have a lesser number of gradation than is presumably required.

The proposed rule requires manufacturers and users of weighing and measuring devices to do no more than they are practically required to do presently and/or lessens certain regulatory burdens; as such, the proposed rule will not have an adverse impact upon jobs or employment opportunities.