AAM-37-12-00001-P Incorporation by Reference in 1 NYCRR of the 2012 Edition of National Institute of Standards and Technology ("NIST") Handbook 44

9/12/12 N.Y. St. Reg. AAM-37-12-00001-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 37

September 12, 2012

RULE MAKING ACTIVITIES

DEPARTMENT OF AGRICULTURE AND MARKETS

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. AAM-37-12-00001-P

Incorporation by Reference in 1 NYCRR of the 2012 Edition of National Institute of Standards and Technology ("NIST") Handbook 44

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) of Title 1 NYCRR.

Statutory authority:

Agriculture and Markets Law, sections 16, 18 and 179

Subject:

Incorporation by reference in 1 NYCRR of the 2012 edition of National Institute of Standards and Technology ("NIST") Handbook 44.

Purpose:

To incorporate by reference in 1 NYCRR the 2012 edition of NIST Handbook 44.

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 [95th] 96th National Conference on Weights and Measures [2010] 2011 as published in the National Institute of Standards and Technology Handbook 44, [2011] 2012 edition. This document is available from the National Conference on Weights and Measures, [15245 Shady Grove Road, Rockville, MD 20850] 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.

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

Mike Sikula, New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 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 1 NYCRR section 220.2 to incorporate by reference the 2012 edition of National Institute of Standards and Technology Handbook 44 in place of the 2012 edition which is presently incorporated by reference.

The proposed rule is non-controversial. The 2012 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 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 2012 edition of National Institute of Standards and Technology Handbook 44 (henceforth, “Handbook 44 (2012 edition)”) which contains specifications, tolerances and regulations for commercial measuring devices. The 2011 edition of Handbook 44 is presently incorporated by reference. Handbook 44 (2012 edition) differs from the 2009 edition in that it makes revisions to provisions relevant to devices that were manufactured prior to the effective date of certain applicable requirements but refurbished thereafter; changes to requirements regarding the accuracy of scales that are used to weigh commodities that are placed on such scales for prolonged periods of time; and revisions to provisions applicable to farm bulk milk tanks. Handbook 44 (2012 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 not, therefore, have any adverse impact upon jobs or employment opportunities.