WSR 15-13-070

PREPROPOSAL STATEMENT OF INQUIRY

[Filed June 11, 2015, 4:05 p.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 2015 edition of NIST Handbook 44 (Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices);

(2) The 2015 edition of NIST Handbook 130 (Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality) with modifications; and

(3) The 2015 edition of NIST Handbook 133 (Checking the Net Contents of Packaged Goods).

The department is also considering establishing in rule a civil penalty matrix for violations of the Motor Fuel Quality Act (chapter 19.112 RCW) and chapter 19.94 RCW.

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: The purpose of this chapter is to establish requirements for the state of Washington that are reasonably consistent with the uniform rules adopted by the National Conference on Weights and Measures and that are in effect in other states. The department is considering adopting the most recent version of NIST Handbook 44, 130 (with modifications), and 133. The NIST handbooks are national consensus codes that establish industry standards for weighing and measuring devices, legal metrology, engine fuel quality, net contents of packaged goods, and specifications and tolerances for reference standards and field standard weights and measures. The department adopts these handbooks in order to maintain uniformity with other states where appropriate. Adoption in rule of the department's civil penalty matrix will provide clarity and transparency regarding how civil penalties for violations of the Motor Fuel Quality Act and chapter 19.94 RCW are calculated, including consideration of aggravating and mitigating circumstances.

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, 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.

June 11, 2015

Brad White

Assistant Director