[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Notices]
[Pages 29499-29502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13375]



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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology


National Conference on Weights and Measures 104th Annual Meeting

AGENCY: National Institute of Standards and Technology, Commerce.

ACTION: Notice.

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SUMMARY: The 104th Annual Meeting of the National Conference on Weights 
and Measures (NCWM) will be held in Milwaukee, Wisconsin, from Sunday, 
July 14, 2019, through Thursday, July 18, 2019. This notice contains 
information about significant items on the NCWM Committee agendas but 
does not include all agenda items. As a result, the items are not 
consecutively numbered.

DATES: The meeting will be held on Sunday, July 14, 2019, through 
Wednesday, July 19, 2019, from 8:30 a.m. to 5:00 p.m. Central Time, and 
on Thursday, July 19, 2018, from 9:00 a.m. to 12:00 p.m. Central Time. 
The meeting schedule is available at www.ncwm.net.

ADDRESSES: This meeting will be held at the Hyatt Regency Milwaukee 
Hotel, 333 West Kilbourn Avenue, Milwaukee, Wisconsin 53203.

FOR FURTHER INFORMATION CONTACT: Dr. Douglas Olson, NIST, Office of 
Weights and Measures, 100 Bureau Drive, Stop 2600, Gaithersburg, MD 
20899-2600. You may also contact Dr. Olson at (301) 975-2956 or by 
email at [email protected]. The meeting is open to the public, but 
a paid registration is required. Please see the NCWM website 
(www.ncwm.net) to view the meeting agendas, registration forms, and 
hotel reservation information.

SUPPLEMENTARY INFORMATION: Publication of this notice on the NCWM's 
behalf is undertaken as a public service and does not itself constitute 
an endorsement by the National Institute of Standards and Technology 
(NIST) of the content of the notice. NIST participates in the NCWM as 
an NCWM member and pursuant to 15 U.S.C. 272(b)(10) and (c)(4) and in 
accordance with Federal policy (e.g., OMB Circular A-119 ``Federal 
Participation in the Development and Use of Voluntary Consensus 
Standards''). The NCWM is an organization of weights and measures 
officials of the states, counties, and cities of the United States, and 
representatives from the private sector and federal regulatory 
agencies. These meetings can bring these government officials together 
with representatives of business, industry, trade associations, and 
consumer organizations to discuss proposed laws and regulations and 
other subjects related to the field of weights and measures technology, 
administration, and enforcement. NIST hosted the first meeting of the 
NCWM in 1905. Since then, the conference has provided a model of 
cooperation between Federal, State and local governments and the 
private sector. NIST participates to encourage cooperation between 
federal agencies and the states in the development of legal metrology 
requirements. NIST also promotes uniformity in state laws, regulations, 
and testing procedures used in the regulatory control of commercial 
weighing and measuring devices, packaged goods, and for other trade and 
commerce issues.
    The following are brief descriptions of some of the significant 
agenda items that will be considered for adoption at voting sessions of 
the NCWM 2019 Annual Meeting. Comments will be taken on these and other 
recommendations to amend NIST Handbook 44, ``Specifications, 
Tolerances, and other Technical Requirements for Weighing and Measuring 
Devices (NIST Handbook 44),'' NIST Handbook 130, ``Uniform Laws and 
Regulations in the areas of Legal Metrology and Fuel Quality (NIST 
Handbook 130),'' and NIST Handbook 133, ``Checking the Net Contents of 
Packaged Goods (NIST Handbook 133).'' These NIST Handbooks are 
regularly adopted by reference or through the administrative procedures 
of all the states.
    The Committees may withdraw or carryover items that need additional 
development. These notices are intended to make interested parties 
aware of the proposals and to make them aware that reports on the 
status of the project may also be given at the Annual Meeting.
    The Specifications and Tolerances Committee (S&T Committee) will 
consider proposed amendments to NIST Handbook 44. Those items address 
weighing and measuring devices used in commercial applications, that 
is, devices that are used to buy from or sell to the public or used for 
determining the quantity of products or services sold among businesses.

NCWM S&T Committee

    The following items are proposals to amend NIST Handbook 44:

GEN--General Code

Item GEN-1 G-A.1. Commercial and Law-Enforcement Equipment and G-S.2. 
Facilitation of Fraud
    The National Conference on Weights and Measures (NCWM) S&T 
Committee will consider a proposal that would expand the application of 
NIST Handbook 44 (HB 44) to include accessory equipment (e.g., credit/
debit card ``skimmers) that can be used to defraud or collect 
unauthorized personal or financial information from a user when that 
accessory equipment is used in connection with a commercial weighing or 
measuring device. The original proposal would have expanded HB 44 
paragraph G-S.2. Facilitation of Fraud by requiring credit/debit card 
readers and other devices capable of customer initiated electronic 
financial transactions that are used in conjunction with weighing and 
measuring equipment to: (1) Be designed and constructed to restrict 
access and tampering by unauthorized persons; and (2) include an event 
counter that records the date and time of access.
    In 2018 the S&T Committee assigned this item to a NCWM Task Group 
(TG) for further development. The TG provided an update on its 
development of this item at the 2019 NCWM Interim Meeting. The TG 
reported that they agreed that credit card skimming devices are within 
Weights and Measures purview. Consequently, the TG drafted new language 
to replace the original proposal to change the General Code in HB 44 
with a new proposal to add new paragraph, UR 4.2. ``Security for Retail 
Motor-Fuel Devices (RFMD)'' to the Liquid Measuring Device Code in HB 
44. This item has now been given an Information status on the S&T 
Annual Meeting agenda.

SCL--Scales

Item SCL-2 S.1.8.5. Recorded Representations, Point of Sale Systems
    The NCWM S&T Committee will consider a proposal requiring 
additional sales information to be recorded by cash registers 
interfaced with a weighing element for items that are weighed at a 
checkout stand. These systems are currently required to record the net 
weight, unit price, total price, and the product class, or in a system 
equipped with price look-up capability, the product name or code 
number. The change proposed would add ``tare weight'' to the list of 
sales information currently required. This change has been proposed as 
a nonretroactive requirement with an enforcement date

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of January 1, 2022. If the proposal is adopted, the additional 
information (i.e., the tare weight) would be required to appear on the 
sales receipt for items weighed at a checkout stand (Point of Sale 
Systems) on equipment installed into commercial service as of January 
1, 2022.
    This proposed change would not affect equipment already in service. 
The further development of this item was assigned to an NCWM TG in 2018 
at the request of the S&T Committee. The TG provided an update on its 
development of this item at the 2019 NCWM Interim Meeting and reported 
members had discussed whether the addition of proposed part (e) to 
paragraph S.1.8.5., which adds ``tare weight'' to the list of required 
information printed on a receipt should remain non-retroactive as 
submitted, or be changed per NIST OWM's suggestion to be retroactive 
with an effective date ten years from the date of adoption. The TG also 
reported that discussions have taken place regarding whether the value 
of ``tare'' and/or ``gross'' weight should appear on the receipt.
    The TG has recommended that this item maintain the assigned status 
for the Annual Meeting. The S&T committee agreed with keeping the 
assigned status for this item to provide the TG with additional time 
for further discussion and development.
Item SCL-3 Sections Throughout the Code To Include Provisions for 
Commercial Weigh-In-Motion (WIM) Vehicle Scale Systems
    The NCWM S&T Committee will consider a proposal to amend various 
sections of NIST Handbook 44, Scales Code to address WIM vehicle scale 
systems used for commercial applications. This ``Carry-Over'' item has 
appeared on the S&T Committee's agenda since 2016. An NCWM Task Group 
(TG) was formed in 2016 at the request of the S&T Committee to consider 
a proposal that would have expanded the NIST Handbook 44, Weigh-In-
Motion Systems Used for Vehicle Enforcement Screening--Tentative Code 
to also apply to legal-for-trade (commercial) and law enforcement 
applications. Members of the TG later agreed that commercial 
application of WIM vehicle scale systems should be addressed in the 
Scales Code of NIST Handbook 44, rather than the Weigh-In-Motion 
Systems Used for Vehicle Enforcement Screening--Tentative Code. Members 
of the TG agreed in 2016 to eliminate from the proposal any mention of 
a law enforcement application and focus solely on WIM vehicle scale 
systems intended for use in commercial applications. The TG, that is 
still active today, is made up of representatives of WIM equipment 
manufacturers, NIST Office of Weights and Measures, state weights and 
measures agencies, and others. Recent activity by the TG has focused on 
obtaining evidence supporting the claims of WIM scale manufacturers 
regarding the performance capabilities of these devices. The TG has 
requested this evidence to indicate whether devices being manufactured 
at this time can comply with established commercial device tolerances 
applied to comparable static-weighing devices. The submitter of this 
proposal (a WIM manufacturer) has initiated a process where preliminary 
testing can be done to provide the TG with data to substantiate the 
claims regarding device performance.
    An additional focus of the TG, since its formation in 2016, has 
been to concentrate on the development of appropriate official test 
procedures that can be used to verify the accuracy of a WIM vehicle 
scale system. Important factors in this discussion have been that a 
variety of axle and tandem axle configurations on vehicles will 
typically be weighed by a WIM system and that a proposed tolerance of 
0.2 percent on gross (total) vehicle weight would be applied as both 
maintenance and acceptance tolerances. The TG provided an update on its 
development of this item at the 2019 NCWM Interim Meeting. Mr. Tim 
Chesser, AR, (and co-chair chairman of the WIM TG) provided the 
Committee with an update on the development of this item. Mr. Chesser 
recommended the Committee assign the item, returning it to the TG. 
Additional comments with concerns about the proposal were received. The 
Committee agreed to recommend the item be assigned to the TG.
Item SCL-6 UR.3.11. Class II Scales
    The NCWM S&T Committee will consider a proposal to add a new 
paragraph to the Scales Code of NIST Handbook 44 requiring users of 
Accuracy Class II scales equipped with a different verification scale 
division value (e) than the displayed division value (d) to base all 
commercial transactions on the verification scale division (e). When 
these two scale divisions (identified as ``e'' and ``d'') are 
different, two different levels of the scale's resolution are 
established. The variation in scale divisions within a scale's capacity 
range will produce either a reduced, or a greater resolution in the 
representation of values for loads applied to the scale. According to 
NIST Handbook 44, when these division values aren't equal on Class II 
scales, the value of ``e'' is required to be larger than the value of 
``d.'' This proposal will require that all commercial transactions 
conducted using Class II scales will be based on ``e'' (the larger of 
the two divisions). Using ``e'' as specified in this proposal will 
result in the use of the scale's minimum level of resolution. NIST OWM 
provided its analysis of this item to the S&T committee prior to the 
2019 annual meeting with examples. Examples included a citation from 
the USDA Agricultural Marketing Service, FGIS Grain Inspection Handbook 
(Book II) that specifies that the expanded resolution (``d'') should be 
used when weighing work portions or separation during grain analysis. 
In consideration of the comments received on this item and the 
submitters request that the item be assigned a status of 
``Information'' or ``Developing,'' the committee agreed to the 
``Developing'' status to allow the submitter additional time to further 
develop this item.
Item SCL-7 T.N.3.6. Coupled-in-Motion Railroad Weighing Systems., 
T.N.4.6. Time Dependence (Creep) for Load Cells During Type 
Evaluation., UR.5. Coupled-in-Motion Railroad Weighing Systems. and 
Appendix D--Definitions: Point-Based Railroad Weighing Systems
    The NCWM S&T Committee will consider a new proposal (which replaces 
one from the same submitter that appeared on the Committee's agenda in 
2018) to amend the Scales Code of NIST Handbook 44 to allow for the use 
of ``point-based'', in-motion railroad weighing systems in commercial 
applications. The current proposal has eliminated many of the changes 
proposed in the previous proposal but has retained recommended changes 
listed below.
     Increase the tolerance allowed during official testing of 
these types of commercial devices used for dynamic weighments of unit 
trains.
     Provide an exemption for ``point-based'' in-motion 
railroad weighing systems from the performance of ``creep tests'' 
during official evaluations.
     Require the user of dynamic weighing systems for railway 
cars to provide a suitable static-weighing scale, located in close 
proximity to the dynamic system to use as a reference scale during 
dynamic scale testing.
     Provide a definition for ``point-based'' railroad weighing 
systems.
    During the 2019 Interim meeting the committee heard a presentation 
from a consultant representing the submitter. The presentation showed 
that the system uses a strain gauge attached

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directly to the existing rail. The presenter suggested that the item is 
ready to be assigned a voting item. The committee received several 
opposing comments to moving this item to a voting status, some stating 
that existing systems (as competing products to ``point-based'' 
systems) have been in service for many years while maintaining 
compliance with current performance requirements. During the 
Committee's work session, the original proposal was revised to state 
that the determination of the suitability of the reference scale was 
within the scope of the jurisdiction having statutory authority for the 
system. The revised version was accepted by the Committee and the item 
was subsequently given a voting status.

Belt-Conveyor Scales

Item BCS-1; S.1.3. Value of the Scale Division., S.1.9. Zero-Ready 
Indicator., S.4. Accuracy Class., S.5. Marking Requirements., N.1. 
General., N.2. Conditions of Test., T.1. Tolerance Values., T.2. 
Tolerance Values. and UR.3. Maintenance Requirements--Scale and 
Conveyor Maintenance
    The NCWM S&T Committee will consider a proposal amending the Belt-
Conveyor Scale Systems Code of NIST Handbook 44 in multiple sections of 
this code. This proposal has been submitted by the U.S. National Work 
Group on Belt-Conveyor Scales and recommends a number of changes to the 
existing code. Many of the recommended changes are intended to clarify 
the application of tolerances to material tests that are either 
performed under the same or under varying conditions. These changes 
specify that a less stringent application of tolerances is to be used 
when comparing results of totalization operations that are performed 
under different flow rates of material. Additional recommended changes 
would establish two different accuracy classes for these systems. In 
addition to the currently recognized systems, an accuracy class would 
be added to the code to encompass systems capable of complying with 
more stringent performance requirements (tolerance of 0.1%) as compared 
to the existing tolerance (0.25%). During the 2019 Interim Meeting open 
hearing session, the Committee heard support for this item and during 
the work session the committee agreed to assign a voting status for 
this item.

Automatic Bulk Weighing Systems

Item ABW-3 Application, S. Specifications, N. Notes, UR. User 
Requirements and Appendix D--Definitions: Automatic Bulk Weighing 
System
    The NCWM S&T Committee will consider a proposal to amend the 
Automatic Bulk Weighing Systems Code that would broaden the scope of 
the code to encompass additional automated weighing systems. This 
proposal would eliminate language in the Application Section of the 
code that currently constrains the code's use to automatic weighing 
systems that operate only as specified. The proposal would also amend 
the definition of ``automatic bulk weighing system'' in Appendix D of 
NIST Handbook 44 by broadening its application to encompass additional 
automatic weighing systems that do not meet the current definition. 
Additionally, the proposal would update the code in recognition of more 
recent designs and technologies that have evolved and are being used in 
automated weighing systems. During the 2019 interim meeting the 
Committee received comments indicating that the proposal needed 
additional work. In consideration of the comments received, the 
submitters requested additional time to address the stated concerns and 
the Committee agreed to provide a ``Developing'' status for this item.

Liquid Measuring Devices

Item LMD-5 UR.3.4. Printed Ticket
    The NCWM S&T Committee will consider a proposal that would provide 
an exemption to the requirement that the identification of liquid 
measuring devices (e.g., dispenser #1) be included on a customer's 
receipt. This exemption would apply to establishments with only a 
single dispenser having multiple meters or those establishments having 
not more than one dispenser with a single meter for each product 
delivered. At the 2019 Interim meeting open hearing the committee heard 
no additional comments on this item. During their work session the 
Committee considered the lack of comments and varying opinions from the 
regional associations and decided that this item be given a ``Voting'' 
status.

Liquefied Petroleum Gas and Anhydrous Ammonia Liquid-Measuring Devices

Item LPG-2 S.2.5. Zero-Setback Interlock, Stationary and Vehicle 
Mounted Meters, Electronic
    The NCWM S&T Committee will consider a proposal to add a new 
nonretroactive paragraph that requires both stationary and vehicle 
mounted electronic LPG and anhydrous ammonia liquid-measuring devices 
be designed with an automatic interlock system that must engage 
following completion of a delivery. The proposal specifies that the 
interlock system must prevent a subsequent delivery from occurring 
until such time that the indicating elements and recording elements, if 
so equipped, have been reset to zero. The proposal also requires the 
automatic interlock system to activate within three minutes of product 
flow cessation and that this ``timeout'' feature be a sealable 
parameter accessible through the indicator. At the 2019 NCWM Interim 
Meeting work session the Committee agreed:--(1) That the item is fully 
developed; (2) with other recommendations to specify a nonretroactive 
date of January 1, 2021 and; (3) to change the time-out limit from 
three minutes to two minutes. The committee assigned a ``Voting'' 
Status to this item.

Hydrogen Gas-Measuring Devices

Item HGM-6 Tentative Code Status and Preamble., A.2.(c) Exceptions., 
N.2 Test Medium., N.3. Test Drafts., N.4.1. Master Meter (Transfer) 
Standard Test., N.4.2. Gravimetric Tests., N.4.3 PVT Pressure Volume 
Temperature Test., N.6.1.1. Repeatability Tests., T.3. Repeatability., 
T.6. Tolerance--Minimum Measured Quantity (MMQ). and Appendix D. 
Definitions Where Applicable
    The NCWM S&T Committee will consider a proposal that would remove 
the tentative status of the existing code and make this a permanent 
code. With several amendments throughout this tentative code and in the 
Appendix D definitions relative to these devices, the proposal states 
that this code has been sufficiently vetted and should now be made 
permanent.
    Most notably this proposal will eliminate the recognition of one of 
three test apparatus in the test notes and double the acceptable 
performance tolerance for the smallest delivery that the manufacturer 
declares the device can achieve accuracy.
    During the 2019 Interim Meeting, the Committee heard support for 
this item and comments to remove paragraphs N.4.1 and N.4.1.1 thus 
eliminating the master meter test method from the Hydrogen Gas 
Measuring Devices Code due to the ongoing S&T committee concerns 
regarding appropriate terminology for transfer standards when the 
technology selected for use is a master meter. During the S&T

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Committee's work session the Committee agreed with the proposed changes 
to remove N.4.1 and N.4.1.1 from the code and hearing no opposition or 
further requests for changes, moved the item forward with a ``Voting'' 
status.

Grain Moisture Meters

Item GMA-2 Table S.2.5. Categories of Devices and Methods of Sealing
    The NCWM S&T Committee will consider a proposal that would require 
(on or after the effective date--TBD) grain moisture meters approved 
under the National Type Evaluation Program to comply with ``category 
3'' sealing methods. This electronic method of sealing would require an 
event logger and the ability to generate a printed copy of audit trail 
information that is available through the device or through another on-
site device. Prior to the 2019 Interim meeting, revised language was 
recommended and provided to the Committee to clarify when the proposed 
changes to the sealing requirements would apply. Comments on the 
history of this item were heard during the open hearing session. During 
the 2019 Interim Meeting the Committee recommended a ``Voting'' status 
for the original proposed item.
Item GMA-3 Table T.2.1. Acceptance and Maintenance Tolerances Air Oven 
Method for All Grains and Oil Seeds
    The NCWM S&T Committee will consider a proposal that would reduce 
the tolerances applied to official grain samples used as reference 
standards established when using the Air Oven Reference Method. During 
the 2019 NCWM Interim Meeting, an S&T Committee member reported that 
concerns were raised with reducing the tolerance to all grain types. 
During the 2019 Interim Meeting's S&T Committee work session, the 
Committee assigned a ``Developing'' status to this item to allow more 
time to research the proposed changes to Table T.2.1.

Multiple Dimension Measuring Devices

Item MDM-2 S.1.7. Minimum Measurement
    The NCWM S&T Committee has received the recommendation to withdraw 
the proposal intended to amend requirement S.1.7. Minimum Measurement 
to also provide an exemption from that requirement for ``mobile tape-
based'' MDMD devices. This proposal would allow measurements of less 
than 12 divisions made using mobile tape-based devices to be used in 
the calculation of charges for shipping of parcels. During the 2019 
NCWM Interim Meeting, comments heard were in opposition to this 
proposal. During the S&T Committee's work session, members agreed that 
there was little support for this item and agreed to ``Withdraw'' this 
proposal.

NCWM L&R Committee

    The NCWM Laws and Regulations Committee (L&R Committee) will 
consider proposed amendments to NIST HB130 and NIST HB 133, which may 
relate to regulations on fuel quality and the packaging and labeling of 
goods and methods of sale and test procedures for other products or 
commodities.
    The following items are proposals to amend NIST Handbook 130 and/or 
NIST Handbook 133:

NIST Handbook 130 and NIST Handbook 133

    The following items are proposals to amend NIST Handbook 130 and 
NIST Handbook 133:
    Item Block (B1)--HB 130, UPLR, Sec. 2.8. Multiunit Package. HB 133, 
Modify ``scope'' for Chapters 2 thru 4, add a note following Sections 
2.3.7.1. and 2.7.3., create a Chapter 5. Specialized Test Procedures.
    The L&R Committee will consider a proposal to add a Chapter 5. 
Specialized Test Procedures in NIST Handbook 133. The L&R Committee 
will be also addressing a proposal to include adoption of a test 
procedure for the total quantity declaration on multiunit or variety 
packages. In addition, in NIST Handbook 130, Uniform Packaging and 
Labeling Regulation it will clarify Section 2.8. Multiunit.
NIST Handbook 130
MOS-7--NIST Handbook 130, Uniform Method of Sale, Section 2.4. 
Fireplace and Stove Wood
    The L&R Committee will consider a request to extend the effective 
date of Section 2.4.3.(a) Packaged natural wood sold in packaged form 
in quantities less than 0.45 m\3\ (\1/8\ cord or 16 ft\3\). This could 
change the effective date of enforcement from 2019 until 2021.
MOS-10 and MOS-11--NIST Handbook 130, Uniform Method of Sale, Section 
2.37. Pet Treats or Chews
    The L&R Committee will consider a request to reviews and proceed 
with one proposal for Pet Treats or Chews. Proposal MOS-10, will allow 
for an individual unit to be sold by count and to prescribe an 
enforceable date of January 1, 2021 to allow manufacturers ample time 
to modify labeling and use existing stocked labeling. Proposal MOS-11 
will modify existing handbook language to grant an enforceable date of 
January 1, 2021 and provide manufacturers time to modify labeling and 
use existing stocked labeling.
    Item Block 5 (B5)--ODR-2, Handbook 130, Open Dating Regulation and 
WAM-1 Update to Weights and Measures Law, Section 9. Requirement for 
Open Dating and Section 12. Powers and Duties of the Director
    Within Item Block 5--ODR-2, the L&R Committee will consider a 
recommended proposal to remove the Open Dating Regulation in its 
entirety from NIST Handbook 130.

Kevin A. Kimball,
Chief of Staff.
[FR Doc. 2019-13375 Filed 6-21-19; 8:45 am]
BILLING CODE 3510-13-P