WSR 09-10-037

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed April 30, 2009, 9:05 a.m. ]

Subject of Possible Rule Making: Chapter 16-662 WAC, Weights and measures -- National handbooks. The department is considering adopting:

(1) Modifications to the multi-tier pricing requirements specified in the National Institute of Standards and Technology (NIST) Handbook 44 relative to motor fuels;

(2) Modifications to the retail dispenser labeling requirements relative to lower blends of biodiesel specified in NIST Handbook 130;

(3) The 2009 edition of NIST Handbook 44 (Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices) as required by RCW 19.94.195; and

(4) The 2009 edition of NIST Handbook 130 (Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality).

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 19.94, 19.112, and 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Multi-tier pricing of motor fuels means the fuel is offered for sale at more than one unit price, depending on the payment method the consumer uses. The requirements for multi-tier pricing of motor fuels are outlined in NIST Handbook 44. These requirements no longer meet the needs of retail fuel establishments in this state. The department is considering adopting new modifications to NIST Handbook 44 that would allow fuel retailers and customers more flexibility in method of payment.

RCW 19.112.020 requires fuel pumps offering biodiesel to be labeled with the blend percentage. The department adopts the requirements outlined in NIST Handbook 130 regarding labeling. The department is considering adopting new modifications to NIST Handbook 130, in order for the rule to comply with state law relative to lower percentage blends of biodiesel.

RCW 19.94.195 requires that the most current version of NIST Handbook 44 be adopted every year. The department also adopts the current version of NIST Handbooks 130 and 133 in order to maintain uniformity with other states. The currently adopted edition (January 2005) of NIST Handbook 133 (Checking the Net Contents of Packaged Goods) remains the most current.

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 Kirk Robinson, 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 krobinson@agr.wa.gov.

April 29, 2009

Mary A. Martin Toohey

Assistant Director

Washington State Code Reviser's Office