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

     (1) 2011 edition of NIST Handbook 44 (Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices) as required by RCW 19.94.195;

     (2) 2011 edition of NIST Handbook 130 (Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality); and

     (3) 2011 edition of NIST Handbook 133 (Checking the Net Contents of Packaged Goods).

     The department may amend or modify the existing language in the rule and may propose modifications to the NIST handbooks to increase rule clarity and readability, to update the language and format, and to conform to current industry and regulatory standards.

     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: RCW 19.94.195 requires that the most current version of NIST Handbook 44 be adopted, in whole or in part. The department also adopts the current version of NIST Handbook 130 and NIST Handbook 133 in order to maintain uniformity with other states.

     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 Jerry Buendel, 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 jbuendel@agr.wa.gov.

July 20, 2011

Mary A. Martin Toohey

Assistant Director

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