WSR 14-04-123

PREPROPOSAL STATEMENT OF INQUIRY

[Filed February 5, 2014, 8:57 a.m.]

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

(1) The 2014 edition of NIST Handbook 44 (specifications, tolerances, and other technical requirements for weighing and measuring devices) as required by RCW 19.94.195;

(2) The 2014 edition of NIST Handbook 130 (uniform laws and regulations in the areas of legal metrology and engine fuel quality); and

(3) The 2014 edition of NIST Handbook 133 (checking the net contents of packaged goods).

The agency may consider: Modifications to the requirements for posting of prices of the retail sales of motor fuels; incorporating (with modifications) chapter 16-664 WAC, National type evaluation program, into the current rule; and modifications to the existing text to increase rule clarity and readability, and to conform to current industry and regulatory standards.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 19.94.190, 19.94.195, 19.112.020, 19.112.140, and chapter 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 adopts the current version of NIST Handbook 44 with modifications, NIST Handbook 130 with modifications, and NIST Handbook 133 in order to maintain uniformity with other states where appropriate.

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 Brad White, Acting 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 bwhite@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.

February 5, 2014

Brad White

Acting Assistant Director