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

     (1) Amending the existing rule to adopt, in whole or in part, the 2013 edition of NIST Handbook 44 (Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices) as required by RCW 19.94.195; NIST Handbook 130 (Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality); and NIST Handbook 133 (Checking the Net Contents of Packaged Goods);

     (2) Adopting the most recent version of NIST Handbook 105-1 through 8, which incorporates specifications and tolerances for metrology calibration;

     (3) Moving some existing requirements from chapter 16-657 WAC into chapter 16-662 WAC. Other provisions of chapter 16-657 WAC may be repealed in a concurrent rule-making action; and

     (4) Adopting 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: 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 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. For uniformity with national standards, the department follows provisions of NIST Handbook 105-1 through 8 in activities of its metrology laboratory. The proposal to add NIST Handbook 105 to the rule acknowledges this longstanding practice. Portions of existing chapter 16-657 WAC appear to be obsolete and are proposed for repeal in a concurrent rule-making process. To increase rule clarity and ease of stakeholder access, the department proposes that the remaining requirements in existing chapter 16-657 WAC be moved to chapter 16-662 WAC.

     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.

October 2, 2012

Mary A. Martin Toohey

Assistant Director