**Report of the Committee on Laws and Regulations**

Dennis Johannes

Chairman

California Division of Measurement Standards

Reference

Key Number

**200 Introduction**

This is the report of the Committee on Laws and Regulations (L&R
Committee) for the 88th Annual Meeting of the National Conference on
Weights and Measures (NCWM). It is based on the Interim Report offered
in the NCWM Publication 16, "Committee Reports," testimony at public
hearings, comments received from the regional weights and measures
associations and other parties, the addendum sheets issued at the Annual
Meeting, and actions taken by the membership at the voting session of
the Annual Meeting. The informational items presented below were adopted
as presented when the Committee's report was approved.

Table A identifies agenda items by Reference Key Number, title, and page
number. The first three digits of the Reference Key Numbers of the items
are assigned from the subject series listed below. Voting items are
indicated with a "V" after the item number. Consent calendar items are
marked with a "VC." Items marked with an "I" after the item number are
informational. Items marked "W" has been withdrawn from consideration.
Items marked with a "D" after the key number is developing issues. The
developing designation indicates an item has merit; however, the item is
returned back to the submitter for further development before any action
is taken at the national level. Table B lists the appendices to the
report, and Table C provides a summary of the results of the voting on
the Committee's items and the report in entirety. This report contains
recommendations to amend National Institute of Standards and Technology
(NIST) Handbook 130, 2002 Edition, "Uniform Laws and Regulations," or
NIST Handbook 133, "Checking the Net Contents of Packaged Goods," Fourth
Edition. Revisions proposed by the Committee are shown in **bold face
print** by crossing out information to be deleted and underlining
information to be added. New items proposed for the handbooks are
designated as such and shown in **bold face print.** Proposals presented
for information are shown in *italic* type unless identified as
informational. When used in this report, the term "weight" means "mass."

**Subject Series**

Handbook 130 -- General 210 Series

Uniform Laws 220 Series

Weights and Measures Law (WML) 221 Series

Weighmaster Law (WL) 222 Series

Engine Fuels, Petroleum Products, and Automotive Lubricants Inspection
Law (EFL) 223 Series

Uniform Regulations 230 Series

Packaging and Labeling Regulation (PLR) 231 Series

Method of Sale of Commodities Regulation (MSCR) 232 Series

Unit Pricing Regulation (UPR) 233 Series

Voluntary Registration of Servicepersons and Service Agencies for
Commercial Weighing\
and Measuring Devices Regulation (VREG) 234 Series

Open Dating Regulation (ODR) 235 Series

National Type Evaluation Regulation (NTER) 236 Series

Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation
(EFR) 237 Series

Interpretations and Guidelines 238 Series

Price Verification 239 Series

NIST Handbook 133 250 Series

Other Items 260 Series

**Table A**

**Index to Reference Key Items**

**Reference Title of Item Page**

**Key Number**

[232 Method of Sale of Commodities Regulation
3](#__RefHeading___Toc63087874)

[232-1 V Stored Tare Weights 3](#__RefHeading___Toc63087875)

[237 Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants
Regulation 4](#__RefHeading___Toc63087876)

[237-1 I Petroleum Subcommittee Agenda Items
4](#__RefHeading___Toc63087877)

[237-2 I Uniform Engine Fuels, Petroleum Products, and Lubricants
Regulation 4](#__RefHeading___Toc63087878)

[237-3 V Petroleum Products Sampling Procedures and Safety Manual
5](#__RefHeading___Toc63087879)

[237-4 I Biodiesel Fuel 5](#__RefHeading___Toc63087880)

[237-5 D E diesel 9](#__RefHeading___Toc63087881)

[237-6 V Nozzle Requirements for Diesel Fuel
9](#__RefHeading___Toc63087882)

[237-7 V Premium Diesel, Single Definition
9](#__RefHeading___Toc63087883)

[239 Price Verification 13](#__RefHeading___Toc63087884)

[239-1 I Amend NIST Handbook 130, Examination Procedure for Price
Verification, Section 6.2 13](#__RefHeading___Toc63087885)

[250 NIST Handbook 133, Checking the Net Content of Packaged Goods
13](#__RefHeading___Toc63087886)

[250-1 W Amend NIST Handbook 133, 4^th^ Edition, Chapter 2, Section 2.3
13](#__RefHeading___Toc63087887)

[250-2 W Amend NIST Handbook 133, 4^th^ Edition, Chapter2, Section 2.2
14](#__RefHeading___Toc63087888)

[250-3 D Amend NIST Handbook 133, 4^th^ Edition, Chapter 1, Section 1.2
16](#__RefHeading___Toc63087889)

[250-4 D Amend NIST Handbook 133, 4^th^ Edition, Chapter 2, Section 2.3
17](#__RefHeading___Toc63087890)

[260 Other Items 18](#__RefHeading___Toc63087891)

[260-1 I Enhanced Product -- USDA/FSIS Meat and Poultry Products
19](#__RefHeading___Toc63087892)

**Table B**

**Appendix**

**Appendix Title Page**

[A Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants
Regulation 20](#AppendixA)

**Table C**

**Voting Results**

+--------------------+--------+--------+-------+--------+------------+
| **Reference**      | *      |        | **    |        | *          |
|                    | *House |        | House |        | *Results** |
| **Key Number**     | of     |        | of    |        |            |
|                    | Repre  |        | D     |        |            |
|                    | sentat |        | elega |        |            |
|                    | ives** |        | tes** |        |            |
+--------------------+--------+--------+-------+--------+------------+
|                    | **     | **     | **Y   | **     |            |
|                    | Yeas** | Nays** | eas** | Nays** |            |
+--------------------+--------+--------+-------+--------+------------+
| 232-1              | 14     | 14     | 26    | 5      | Item       |
|                    |        |        |       |        | returned   |
|                    |        |        |       |        | to         |
|                    |        |        |       |        | Committee  |
+--------------------+--------+--------+-------+--------+------------+
| 237-3              | 29     | 0      | 35    | 0      | Passed     |
+--------------------+--------+--------+-------+--------+------------+
| 237-6              | 20     | 12     | 18    | 19     | Item       |
|                    |        |        |       |        | returned   |
|                    |        |        |       |        | to         |
|                    |        |        |       |        | Committee  |
+--------------------+--------+--------+-------+--------+------------+
| 237-7              | 32     | 0      | 36    | 0      | Passed     |
+--------------------+--------+--------+-------+--------+------------+
| 200                | 32     | 0      | 37    | 0      | Passed     |
|                    |        |        |       |        |            |
| Committee Report   |        |        |       |        |            |
| in its Entirety    |        |        |       |        |            |
+--------------------+--------+--------+-------+--------+------------+

**Details of All Items**

**(In Order by Reference Key Number)**

[]{#__RefHeading___Toc63087874 .anchor}232 Method of Sale of Commodities
Regulation

[]{#__RefHeading___Toc63087875 .anchor}232-1 V Stored Tare Weights

> (This item did not pass or fail; therefore, it returns to the
> Committee.)

**Source:** Southern Weights and Measures Association (SWMA)

**Background:** Stored vehicle tare weights are often found to be
incorrect. Errors found in vehicle tare weight surveys range from
weighing 8900 pounds less than the stored tare to weighing 2680 pounds
more than the stored tare. A load of sand or gravel at a cost of \$5.50
per ton with a tare error of 750 pounds has a monetary value for each
weighing error of \$2.06. If this error occurs on four transactions per
day for 240 working days, it results in an overcharge of more than
\$1,977 per year. Since the practice of using stored tare weights is
followed by other types of businesses (e.g., landfills and asphalt
plants) where prices may reach \$70 or more per ton, an error of 750
pounds in the tare weight of a truck would equal \$26 per weighment. If
this truck were involved in four transactions per day for 240 working
days, the overcharge would total more than \$25,000 per year.

**Recommendation:** The Committee recognizes the need for a regulation
requiring scale operators to maintain accurate "stored" tare weights. In
2002 the Committee reviewed the information concerning this issue and
voted to submit the item for a vote, using the language as proposed by
the SWMA. In July 2002, the Committee recommended amending NIST Handbook
130, Method of Sale Regulation, Section 3, General, by adding Section
3.5 - Vehicle Tare Weights. This item was not adopted at the 2002 NCWM.
In January 2003, the Committee recommended that NIST Handbook 130,
Method of Sale Regulation, Section 3, General be amended using
alternative language as provided by the Northeastern Weights and
Measures Association (NEWMA). The proposed language is as follows:

> 3.5. Vehicle Tare Weights. - Whenever stored vehicle tare weights are
> employed, the following conditions and requirements shall apply:
>
> **[3.5.1. - All stored vehicle scale tare weights shall be determined
> to the nearest scale division. When stored tare weights are used,
> issued weight certificates shall identify that fact by placing words
> such as \"stored tare\" next to the tare weight. Abbreviations or
> symbols may be used, provided the terminology is defined elsewhere on
> the printed ticket.]{.underline}**
>
> **[3.5.2. - Stored vehicle scale tare weights shall be verified at
> regular intervals at a frequency to be determined by the jurisdiction
> with statutory authority for the device, unless preempted by a more
> stringent guideline/requirement or modification of the
> vehicle.]{.underline}**

**Comments:** During the Committee's open hearing a proposal to change
the language of this item was heard. After considering this suggestion,
the Committee voted to keep the language as proposed by NEWMA.

[]{#__RefHeading___Toc63087876 .anchor}237 Uniform Engine Fuels,
Petroleum Products, and Automotive Lubricants Regulation

[]{#__RefHeading___Toc63087877 .anchor}237-1 I Petroleum Subcommittee
Agenda Items

**Source:** Petroleum Subcommittee

**Background:** The Committee developed an agenda for the Subcommittee
based on the comments received on the following projects:

**Federal Kerosene Dye Information** - It was suggested that information
on the new Internal Revenue Service kerosene dye policies be distributed
to the states. The Subcommittee will distribute this information.

**NCWM Publication 21 -** The Western Weights and Measures Association
recommends that the Petroleum Subcommittee revise the sampling
procedures and container requirements in NCWM Publication 21, "Petroleum
Products Sampling Procedures and Safety Manual" to include precautions
regarding the use of clear glass containers for product samples. This
recommendation is based on data presented to the NCWM by Chevron
Products Company and the State of Tennessee.

**Update the Engine Fuels, Petroleum Products, and Lubricants Laboratory
Guideline -** This guideline is contained in the Interpretations and
Guidelines Section of NIST Handbook 130 and was last updated in 1994.
Since that time, the cost of equipment has changed and new test methods
have been developed. The Subcommittee proposes to revise and update the
guideline.

**Automotive Lubricants** - The Engine Fuels, Petroleum Products, and
Lubricants Laboratory Guideline (EFR) implies that the document covers
lubricants. When the regulation was developed, the Subcommittee gave
developing engine fuel requirements priority. The Subcommittee has
proposed requirements for lubricants.

**Comments:** Ron Hayes, Missouri, updated the Committee on the
Petroleum Subcommittee items. He reported that the "Federal Kerosene Dye
Information" would be addressed in a new section to be added to a future
version of ASTM D 3699 Standard Specification for Kerosene. Automotive
Lubricants and NCWM Publication 21 have been addressed as separate
issues (see L&R items 237-2 and 237-3). The Committee has concerns as to
the effectiveness of the EFR since it is impossible to keep the document
up to date. The Committee is considering two possibilities: 1) if the
guideline is to be maintained, it will need to be revised to include
additional equipment for testing premium diesel, and the equipment costs
must be updated; and 2) remove the guideline from NIST Handbook 130 and
post it on the internet where it can be updated on a more frequent
basis. The Committee solicits comments concerning the proposed options.

[]{#__RefHeading___Toc63087878 .anchor}237-2 I Uniform Engine Fuels,
Petroleum Products, and Lubricants Regulation

**Source:** Western Weights and Measures Association (WWMA)

**Background:** WWMA received numerous recommendations stating the need
to update the EFR. EFR has not been updated since 1994. This
recommendation is based on data presented to the WWMA by the Chevron
Texaco Corporation.

**Comments:** At the WWMA meeting, David Heck, Chevron Texaco
Corporation, commented that API supports the latest changes to EFR. The
WWMA recommends that the latest amended version, which includes
requirements for lubricants and which is contained in Appendix A, move
forward as a voting item.

Mike Belue, Belue Associates, reported that the State of California and
Chevron Texaco have worked together to include the latest specifications
and definitions to the document. Randy Jennings, Tennessee, reported
that California (Dave Lazier and Dennis Johannes) and the Subcommittee
members from Chevron Texaco have taken the lead on this issue. The SWMA
supports the draft and recommends consideration by the Committee.

**Recommendation:** The changes proposed by WWMA to the EFR were
published in Appendix A of the Committee's 2002 Final Report. The
Committee recommends that the proposed changes be studied at the
regional weights and measures meetings and comments be submitted at the
2004 Interim Meeting.

[]{#__RefHeading___Toc63087879 .anchor}237-3 V Petroleum Products
Sampling Procedures and Safety Manual

> (This item was adopted.)

**Source:** Western Weights and Measures Association (WWMA)

**Background:** WWMA recommends the revision of sampling procedures and
container requirements in NCWM Publication 21, "Petroleum Products
Sampling Procedures and Safety Manual," to include adequate precautions
regarding the use of clear glass containers for product samples. This
recommendation is based on data presented to the WWMA by the Chevron
Texaco Corporation and the State of Tennessee.

**Recommendation:** Three of the four regional W&M Associations
recommended similar changes to NCWM Publication 21. The Committee
studied the proposed changes and voted to move the item forward using
the changes proposed by the SWMA. The SWMA recommended that the
following text replace Publication 21, Section IV, paragraph B.

> B. Types of Sample Containers
>
> **Sample containers may be clear or brown glass bottles or metal
> containers. [A clear bottle is advantageous when conducting a visual
> examination for cleanliness, free water or solid impurities, while
> brown glass bottles provide protection from light. The samples to be
> tested for octane or cetane should be protected from light because the
> light can alter the characteristics of the samples]{.underline}. (See
> ASTM Research Report RR: D02-1502 for documented effects).
> Plastic-coated bottles are available which provide protection from
> shattering. The only suitable metal containers are seamless aluminum
> bottles or metal cans with seams soldered on the exterior surface with
> a flux of rosin in a suitable solvent, which is easily removed with
> gasoline.**

Text to be replaced:

> B. Types of Sample Containers
>
> Sample containers may be clear or brown glass bottles, aluminum
> bottles, or metal cans. The clear bottle is advantageous because it
> may be examined visually for cleanliness, and also allows visual
> inspection of the sample for free water or solid impurities. The brown
> glass bottle affords some protection from light. Plastic coated
> bottles are available which provide protection against shattering. The
> only suitable metal cans are those with the seams soldered on the
> exterior surface with a flux of rosin in a suitable solvent that is
> easily removed with gasoline or seamless aluminum bottles. NFPA 30A
> 9.2 (1994 edition) states \"No delivery of any Class I or Class II
> liquid shall be made into portable containers unless the container is
> constructed of metal or is approved by the authority having
> jurisdiction, has a tight closure, and is fitted with a spout or is so
> designed that the contents can be poured without spilling.\" If a
> jurisdiction is operating in an area where National Fire Protection
> Association (NFPA) requirements are adopted, this should be considered
> in selecting sample containers that will be used at retail locations.
> Screw caps made of either plastic or metal may be used; the caps
> should provide a vapor tight closure seal. The screw caps must be
> protected with liners made of metal foil, teflon, polyethylene, or
> other material that will not be destroyed by or affect the sample
> product. Sample containers can be cleaned and used repeatedly as long
> as they are still serviceable. The caps should be used once and then
> disposed of, this will help prevent leakage and loss of reliability of
> the sample.

[]{#__RefHeading___Toc63087880 .anchor}237-4 I Biodiesel Fuel

**Source:** Central Weights and Measures Association (CWMA)

**Recommendation:** Amend EFR Section 1. Definitions, Section 2.
Standard Fuel Specifications, and Section 3. Classification and Method
of Sale of Petroleum Products as follows:

> *Section 1. Definitions*
>
> ~~1.8. Biodiesel. -- means a blend consisting of diesel fuel and a
> substantial amount of esterfied animal fats and/or vegetable oil(s).~~

Replace with new definitions:

> **1.8. Biodiesel. - Means a fuel comprised of mono-alkyl esters of
> long chain fatty acids derived from vegetable oils or animal fats,
> designated B100** *(Source: Standard ASTM D 6751).*

**Comments:** Steve Howell, MARC-IV, representing the biodiesel industry
testified at the Interim Meeting on each of the three proposed sectional
changes. Mr. Howell is the technical director of the National Biodiesel
Board (NBB) and serves as chairman of the ASTM Biodiesel Task Force.

The biodiesel industry supports the proposed new definition that is the
equivalent to ASTM's definition. The biodiesel industry also recommends
adding an additional definition for biodiesel blends which clarifies
that "biodiesel blends" are blends of biodiesel and diesel fuel. Mr.
Howell stated that the current definition contained in NIST Handbook 130
for biodiesel is incorrect and should be changed. ASTM, along with the
biodiesel industry, has worked to define what biodiesel is and is not.
ASTM standards also define the difference between pure biodiesel, or
B100, and blends of biodiesel with petroleum diesel. The ASTM
specification for biodiesel has been developed to insure satisfactory
engine operation with B20 (20 % biodiesel) blends and blends less than
20 % biodiesel. Adopting the definitions that ASTM has developed for
biodiesel will eliminate confusion between industry standard biodiesel
and other materials that have been inappropriately called biodiesel
(i.e., coal slurries, raw vegetable oils, partially reacted oils, etc.)
that can cause serious engine problems. It will also assist in
minimizing confusion on the type of product a consumer purchases, such
as biodiesel B100 or a blend of biodiesel with petroleum diesel.

**Recommendation:**

> 1\. Adopt the ASTM definition for Biodiesel B100 as proposed.
>
> **1.8.1. Biodiesel Blend. - A fuel comprised of a blend of biodiesel
> fuel with petroleum-based diesel fuel, designated BXX.**
>
> **1.8.2. In the abbreviation, BXX, the XX represents the volume
> percentage of biodiesel fuel in the blend.**
>
> 2\. Adopt a definition for a Biodiesel Blend, as outlined in ASTM D
> 6751 below:
>
> *Section 2. Standard Fuel Specifications*
>
> **2.1.3.1. B100 biodiesel shall meet the most recent version of ASTM D
> 6751, Standard Specification for Biodiesel Fuel (B100) Blend Stock for
> Distillate Fuels**
>
> **2.13.2. Biodiesel and diesel blends shall meet the following
> requirements: the base diesel fuel shall meet the requirements of ASTM
> 975, and the biodiesel blend stock shall meet ASTM D 6751.**
>
> **2.13.3. Exception. - Biodiesel may be blended with diesel fuel whose
> sulfur or aromatic levels are outside Specification D 975 Grades 1-D,
> 2-D, and low sulfur 1-D and 2-D, provided the finished mixture meets
> pertinent national and local specifications and requirements for these
> properties.**

**Comments:** There is no specification for biodiesel contained in
Section 2 of NIST Handbook 130 as there are for other fuels. The
proposed change would adopt the current language contained in ASTM
specification D 6751. The proposed amendment would help ensure that the
customer receives fuel that meets ASTM specifications.

The ASTM specification for diesel fuel D 975, which contains biodiesel
in blends of B20 or below, is likely to change very soon. This new group
of fuels is being termed a "Fill and Go" category of D 975. Separate
"fill and go" specifications are also being considered for other fuels
such as water-emulsified and ethanol-emulsified diesel. The anticipated
change is to place specifications on fuels, which require no engine
modifications but are different than conventional petroleum-based diesel
fuels that include different parameters than those currently contained
in D 975.

The D 975 "fill and go" specification may also impact biodiesel
specification D 6751 as it relates to the properties that either parent
fuel must meet prior to blending biodiesel B20 and below. If ASTM adopts
new specifications, it is hoped that the NCWM would consider similar
adoption.

Assuming that the Conference will adopt ASTM changes or modifications to
D 975 or D 6751, adopting the language in the current ASTM specification
seems to be a prudent course of action.

**Recommendation:** Adopt the specification language as proposed.

> *Section 3. Classification and Method of Sale of Petroleum Products*
>
> **3.13. Biodiesel**
>
> **3.13.1. How to Identify Biodiesel. - Biodiesel shall be identified
> by the capital letter B followed by the numerical value volume
> percentage. (Example: B20)**
>
> **3.13.2. Retail Dispenser Labeling. - Each retail dispenser of
> biodiesel shall be labeled with the capital letter B followed by the
> numerical value volume percent biodiesel and ending with the word
> 'biodiesel." (Example: B20 biodiesel)**

3.13.3. Exemption. - Diesel fuel containing 2 % or less biodiesel is
exempted from requirements 3.13.1 and 3.13.2."

**Discussion:** Laws and regulations require that accurate and adequate
information be placed on commodities allowing consumers to make price
and quantity comparisons. For our economy to function properly,
consumers must also be able to rely on manufacturers' product "claims."
Products must meet manufacturer specifications and claims.

When ASTM first developed the biodiesel specification in 1993, it
proposed a specification for biodiesel use as a pure fuel, called B100.
Through the ballot process, several engine companies expressed
reservations that they had no experience with using biodiesel in blends
over 20 % with diesel fuel (B20). B20 has now been used successfully in
over 40 million on-road miles over the last ten years with no changes to
the fuel systems on conventional diesel engines. With the higher cost of
biodiesel, very few customers used blends higher than B20, and neither
the biodiesel industry nor the engine industry was interested in
investing the money and resources needed to meet a B100 standard.

Since B20 was the highest level product envisioned with commercial
potential, and since the engine community would not support inclusion
higher than 20 % without further testing, the ASTM standard was changed
from an independent B100 standard to a blend stock standard. The ASTM
Biodiesel Task Force developed D 6751 as the set of properties that B100
must meet before being blended into diesel fuel up to 20 % biodiesel by
volume. For blends higher than B20, the user should consult with his
engine company prior to use. The major questions with blends over B20
are related to costs, rubber and gasket compatibility with high blend of
biodiesel, and cold flow properties of high blends.

As a blend-stock standard, the ASTM Biodiesel Standard was developed in
a manner similar to that of 1-D and 2-D diesel fuel, which are also
frequently blended in the commercial marketplace as a means to improve
the cold flow properties of 2-D in winter months. If the parent fuels
meet their respective specifications, they can be blended and there is
no separate set of specifications for the blended mixture. The current
requirement of the biodiesel specification is as follows: if biodiesel
meets D 6751 and diesel meets D 975 (either 1-D or 2-D), then the two
can be blended up to 20 % biodiesel and there is no separate set of
properties required for the B20 mixture. For example, as with 2-D,
blends of B20 can contain higher levels of 1-D for improved cold flow
properties in winter. This method has served industry and consumers
well, especially in the formative stages of biodiesel development.

There are two issues that come up from time to time. The first issue is
that since biodiesel costs more than conventional diesel, there is the
possibility that fuel distributors will advertise that they are putting
in more biodiesel than they are delivering and, thus, derive undue
profits. If a distributor claims that they are selling B20 or B2 and
they are putting in less than one half of one percent, the distributor
is misrepresenting the product. The biodiesel industry claims this is
not a pump labeling issue but an enforcement issue.

The second issue is the claim that biodiesel is being blended with
diesel fuel when products such as raw vegetable oil or other oils, which
do not meet D 6751, are blended with diesel fuel. The biodiesel industry
claims this is an enforcement issue. The National Biodiesel Board has
established a quality control program (BQ-9000) that oversees producers
and suppliers of biodiesel. Use of BQ-9000-certified suppliers is an
effective means to mitigate this potential issue, as is requiring that
the distributor provide proof of EPA biodiesel registration. To obtain
an EPA registration for biodiesel the supplier must commit to meeting D
6751. Again, aggressive competition, as well as the educational and
promotional activities by the industry, have mitigated the requirement
that biodiesel must meet D 6751. NCWM adoption of the D 6751 language
will help in those efforts.

While B20 and lower levels of biodiesel fuel are considered "fill and
go" and require no changes to the engine or fuel system, levels of
biodiesel higher than B20 may need to have different gaskets and hoses.
While blending biodiesel greater than 20 % does not readily occur in
today's market place, it may in the not-too-distant future. Therefore,
the biodiesel industry supports accurate labeling for all fuel
dispensers and encourages the NCWM to adopt these recommendations.

As the price of biodiesel moves closer to the price of diesel fuel and
biodiesel ceases to be a niche product blended into diesel for the
Energy Policy Act of 1992 (EPAct) compliance (cleaner air and superior
lubricity and cetane), it becomes just one of the myriad compounds which
could make up conventional diesel fuel. Refiners could blend in
biodiesel to reduce the sulfur content or aromatic content of the
finished blend. They could use it to replace their existing lubricity
additives. If the price of biodiesel was more equal to diesel, they may
add 1 % today, 5 % the next day, and 20 % the next day. As long as the
finished blend meets the D 975 "fill and go" specification, the level of
biodiesel could range as high as 20 %.

The proposed pump labeling requirement (requiring that pumps containing
over 2 % biodiesel be labeled with the blend percentage) would
essentially eliminate that flexibility and could significantly reduce
the amount of biodiesel that is eventually used and consumed. ASTM is
currently developing a biodiesel "fill and go" specification for D 975
that is not based on the parent fuels, but on the finished fuel and
which is satisfactory for operation in a diesel engine. This may also
mean changes to D 6751, which is a stand-alone specification. The
current thinking is that the upper biodiesel concentration limit for the
D 975 "fill and go" specification will be 20 % although it is possible
that it could be higher or lower. Whatever the concentration of
biodiesel, if the finished blend meets the D 975 "fill and go"
specification, the fuel is D 975-grade diesel fuel and would have to be
labeled such. According to industry, existing labeling contained in NIST
Handbook 130 is sufficient.

If the NCWM adopts the future D 975 "fill and go" specification and any
changes required for D 6751, then it appears prudent to place the pump
labeling exemption at 20 % biodiesel at the present time, with the
understanding that it might be higher or lower in the future based on
the outcome of the ASTM "fill and go" recommendations.

Ron Hayes, State of Missouri, recommended adding a section requiring
fuel suppliers to disclose the biodiesel content on delivery tickets or
bills of lading if the biodiesel content exceeds the appropriate level
for dispenser labeling requirements.

**Recommendation:** The Committee recommends this item be maintained
informational to allow for comments from all interested parties.

**1.8.1. How to Identify Biodiesel [and Biodiesel Blends]{.underline}. -
Biodiesel [and biodiesel blends]{.underline} shall be identified by the
capital letter B followed by the numerical value volume percentage.
(Examples: B20[, B100]{.underline})**

**1.8.2. Retail Dispenser Labeling. - Each retail dispenser of biodiesel
[or biodiesel blends]{.underline} shall be labeled with the capital
letter B followed by the numerical value volume percent biodiesel and
ending with the word[s]{.underline} "biodiesel [blend]{.underline}."
(Example: B20 biodiesel [blend]{.underline})**

**1.8.3. Exemption. - Diesel fuel containing *["two"? or "twenty"?
(select one for final proposal)]{.underline}* percent or less biodiesel
is exempted from requirements 3.13.1 and 3.13.2.**

**[1.8.4. Documentation for Dispenser Labeling Purposes. - When the
biodiesel blend exceeds *"two"? or "twenty"? (select one for final
proposal)* percent biodiesel, the retailer shall be provided, at the
time of delivery of the fuel, a declaration of the volume percent
biodiesel on an invoice, bill of lading, shipping paper, or other
documentation,. This documentation is only for dispenser labeling
purposes; it is the responsibility of any potential blender to determine
the amount of biodiesel in the diesel fuel prior to
blending.]{.underline}**

[]{#__RefHeading___Toc63087881 .anchor}237-5 D E diesel

**Source:** Central Weights and Measures Association (CWMA)

**Recommendation:** To request that E diesel be added to the agenda of
the Committee as a "Developing Item\".

**Justification:**

(a) There is currently no consensus specification for E diesel, and a
    specification may need to be developed at a later date.

(b) It may become necessary to develop "retail" labeling guidelines for
    E diesel.

(c) If specification and labeling guidelines need to be developed, it
    may become necessary to assign this effort to the Petroleum
    Subcommittee or a specially selected Task Group.

**Background:** E diesel is a blend of Standard Number 2 diesel fuel
containing up to 15 % ethanol by volume. The blend also contains 0.2 %
to 5.0 % by volume proprietary additives to maintain certain fuel
properties and blend stability. Currently E diesel does not have to
conform to any specification designating properties.

E diesel is being sold commercially for off-road applications and is
being used in several on-road demonstration fleets. A group of E diesel
stakeholders have formed the E diesel consortium to address the
technical and regulatory issues with this fuel.

The Consortium has also approached ASTM about developing an E diesel
specification.

At the CWMA Interim Meeting in September 2002, E diesel Consortium
representative Robert Reynolds provided an update on the activities of
the E diesel Consortium and requested that E diesel be put on the
Committee agenda as a "Developing Item."

[]{#__RefHeading___Toc63087882 .anchor}237-6 V Nozzle Requirements for
Diesel Fuel

> (This item did not pass or fail; therefore, it returns to the
> Committee.)

**Source:** Central Weights and Measures Association (CWMA)

**Background:** Consumers are dispensing diesel fuel into non-diesel
vehicles despite the proper labeling of retail motor fuel dispensers.
The Committee feels that the following recommendation will help
eliminate the problem.

**Recommendation:** Amend NIST Handbook 130, Uniform Engine Fuels,
Petroleum Products, and Automotive Lubricants Regulation, Section 3.
Diesel Fuel, as follows:

> **3.3. Diesel Fuel**
>
> **3.3.X. Nozzle Requirements for Diesel Fuel. - Each dispensing device
> from which diesel fuel is sold shall be equipped with a nozzle spout
> having a terminal end with an outside diameter of not less than 23.63
> mm (0.930 in).**

**Comments:** The Committee was made aware of a concern that not all
diesel passenger cars manufactured before 1996 may be able accommodate
the larger nozzle size, although no supporting data were provided.

[]{#__RefHeading___Toc63087883 .anchor}237-7 V Premium Diesel, Single
Definition

> (This item was adopted.)

**Source:** Southern Weights and Measures Association (SWMA)

**Background:** SWMA proposed a change to the EFR by deleting the energy
content and fuel injector cleanliness requirement.

Justification for changes:

A single definition for premium diesel is imperative for this rule to
gain acceptance by states. NCWM passed this definition under the
assurance that the Working Group would continue to monitor and work
toward a better solution. The SWMA believes that action must be taken
based on ASTM activities, recently reviewed survey data, and work group
discussions that have included engine manufacturing representatives.

Thermal Stability -- Engine manufacturers have expressed that a standard
of 80 % should provide an adequate fuel. There was no recommended change
to this value from the premium diesel work group. Data reviewed
indicates this value should be achievable in most cases.

Energy Content -- Fungible issues continue to exist. Engine manufacturer
representatives have indicated that removing the requirement would be
satisfactory.

Fuel Injector Cleanliness, along with the cafeteria approach, has been a
very controversial component of this definition. The working group made
a commitment to monitor the progress of L 10 as an ASTM test method. The
working group reported to the NCWM that the ASTM effort to pass this
method has failed and the ASTM L 10 Surveillance Panel has dissolved.
Even without the cost factor, the test can no longer be run. If a
laboratory were to offer the test and a failure was cited, it is likely
that the cited party would be able to successfully contest the results
from a test. Unfortunately, the detergency criteria, which may well
provide a benefit to the end user, can no longer be used.

**Recommendation:** Amend NIST Handbook 130, Uniform Engine Fuels,
Petroleum Products, and Automotive Lubricants Regulation, Section 2
Standard Fuel Specifications, Subsection 2.2.1. Premium Diesel Fuel, as
follows:

Add to Definitions:

> **[1.XX. Lubricity. - A qualitative term describing the ability of a
> fluid to affect friction between, and wear to, surfaces in relative
> motion under load.]{.underline}**

Delete from the current Definitions:

> ~~**1.17. Energy Content. m**eans the gross energy content of the
> heating value of diesel fuel as defined by its heat of combustion; the
> heat released when a known quantity of fuel is burned completely under
> specific conditions as determined by ASTM Standard Test Method D240.~~
>
> ~~**1.21. Fuel Injector Cleanliness.** means a characteristic of the
> fuel which allows engine operation without fuel contribution to
> excessive injector deposits. (Added 1998)(Amended 1999)~~

Amend the following:

> **2.2.1.** **Premium Diesel Fuel. - ~~Effective January 1, 2000, a~~
> All ~~products~~ [diesel fuels]{.underline} identified on retail
> dispensers, bills of lading, invoices, shipping papers, or other
> documentation [with terms]{.underline} such as premium, super,
> supreme, plus or premier must conform to ~~at least two of~~ the
> following requirements:**
>
> ~~**(a) Energy Content ‑** A minimum energy content of 38.65 MJ/L,
> gross (138 700 BTU/gallon, gross) as measured by ASTM Standard Test
> Method D 240.~~
>
> ~~(b)~~ **[(a.)]{.underline} Cetane Number. ‑** A minimum cetane
> number of 47.0 as determined by ASTM Standard Test Method D 613.
>
> ~~(c~~) (**[b.)]{.underline}** **Low Temperature Operability. ‑** A
> cold flow performance measurement which meets the ASTM D 975 tenth
> percentile minimum ambient air temperature charts and maps by either
> ASTM Standard Test Method D 2500 (Cloud Point) or ASTM Standard Test
> Method D 4539 (Low Temperature Flow Test, LTFT). Low temperature
> operability is only applicable October 1 ‑ March 31 of each year.
>
> ~~(d)~~ **[(c.)]{.underline}** **Thermal Stability. ‑** A minimum
> reflectance measurement of 80 % **[as determined by ASTM Standard Test
> Method D 6468]{.underline}** ~~using a green filter in the Octel
> America\'s Test Method No. F21‑61~~ (180 min, 150 C).
>
> **[(d.) Lubricity. - A maximum wear scar diameter of 520 microns as
> determined by ASTM D 6079. If an enforcement jurisdiction's single
> test of more than 560 microns is determined, a second test shall be
> conducted. If the average of the two tests are more than 560 microns,
> the sample does not conform to the requirements of this
> part.]{.underline}**
>
> ~~**(e) Fuel Injector Cleanliness ‑** A Coordinating Research Council
> (CRC) rating of 10.0 or less and a flow loss of 6.0 percent or less as
> determined by the Cummins L‑10 Injector Depositing Test.~~
>
> ~~1. When a fuel uses a detergent additive to meet the requirement,
> upon the request of the Director, the fuel marketer shall provide test
> data indicating the additive being used has passed the Cummins L‑10
> Injector Depositing Test requirements when combined with Caterpillar
> 1‑K (CAT 1‑K) reference fuel. The Director may also request records or
> otherwise audit the amount of additive being used to ensure proper
> treatment of fuels according to the additive manufacturer\'s
> recommended treat rates.~~
>
> ~~1.1. Upon the request of the Director, the fuel marketer shall
> provide an official \"Certificate of Analysis\" of the physical
> properties of the additive.~~
>
> ~~1.2. Upon the request of the Director, the fuel supplier shall
> provide a sample of detergent additive in an amount sufficient to be
> tested with CAT 1‑K reference fuel in a Cummins L‑10 Injector
> Depositing Test. The regulatory agency requesting the sample shall be
> responsible for all costs of testing.~~
>
> ~~2. When a fuel marketer relies on the inherent cleanliness of the
> diesel fuel to pass the Cummins L‑10 Injector Depositing Test or if
> the fuel requires a lower detergent additive level than the amount
> required when the additive is used with the CAT 1‑K reference fuel,
> the fuel marketer shall provide, upon the request of the Director,
> annual test results from an independent laboratory that confirms the
> fuel meets the requirements of 2.2.1. (e). The time of fuel sampling
> and testing shall be at the Directors discretion. The Director may
> witness the sampling of the fuel and the sealing of the sample
> container(s) with security seals. The Director may request
> confirmation from the testing laboratory that the seals were intact
> upon receipt by the laboratory. The final test results shall be
> provided to the Director. All costs for sampling, transporting, and
> testing shall be the responsibility of the fuel supplier. If the
> annual test complies, any additional testing at the request of the
> Director shall be paid for by the regulatory agency.~~
>
> ~~(Added 1998) (Amended 1999)~~
>
> ~~**3.3.3. Labeling Properties of Premium Diesel** \-- All retail
> dispensers identified, as premium diesel must display either:~~
>
> 1\. ~~A label that includes all qualifying parameters as specified in
> 2.2.1. Premium Diesel Fuel affixed to each retail dispenser~~. ~~The
> label shall include a series of check blocks clearly associated with
> each parameter. The boxes for the parameters qualifying the fuel must
> be checked. All other boxes shall remain unchecked. The marketer may
> check as many blocks as apply, or,~~
>
> ~~2. A label that includes only the parameters selected by a marketer
> to meet the premium diesel requirements as specified in 2.2.1. Premium
> Diesel Fuel. In either case, the label must display the following
> words:~~
>
> ~~\"Premium Diesel Fuel\" in a type at least 12.7 mm (1/2 in) in
> height by 1.4 mm (1/16 in) stroke (width of type.)~~
>
> ~~When applicable, as determined by the label option and qualifying
> parameters chosen by the marketer, the label must also display the
> following information and letter type size:~~
>
> ~~The words \"Energy Content,\" \"Cetane Number,\" \"Low Temperature
> Operability,\" \"Thermal Stability,\" and \"Fuel Injector
> Cleanliness\" in a type at least 6 mm (1/4 in) in height by 0.75 mm
> (1/32 in) stroke (width of type.)~~
>
> ~~A declaration of the minimum Energy Content (minimum 38.65 MJ/ L
> gross \[138 700 BTU/gallon\]), if energy content is chosen as a
> qualifying parameter, in type at least 3 mm (1/8 in) in height by 0.4
> mm (1/64 in) stroke (width of type.)~~
>
> ~~The minimum cetane number guaranteed (at least 47.0) if cetane
> number is chosen as a qualifying parameter, in a type at least 3 mm
> (1/8 in) in height by 0.4 mm (1/64 in) stroke (width of type.)~~
>
> ~~The date range of low temperature operability enhancement, (e.g.,
> October ‑ March,) along with the qualifying test method (ASTM D 4539
> or ASTM D 2500), if low temperature operability is chosen as a
> qualifying parameter, in a type at least 3 mm (1/8 in) in height by
> 0.4 mm (1/64 in) stroke (width of type).~~
>
> ~~For Example:~~

+-----------------------------------------------------------------------+
| **~~Premium Diesel Fuel~~**                                           |
|                                                                       |
| ~~High Energy Content ~~                                             |
|                                                                       |
| ~~Cetane Number, 47.0 min ~~                                         |
|                                                                       |
| ~~Low Temperature Operability (Oct.-Mar.,LTFT) ~~                    |
|                                                                       |
| ~~Thermal Stability ~~                                               |
|                                                                       |
| ~~Fuel Injector Cleanliness ~~                                       |
+-----------------------------------------------------------------------+

> ~~or~~

+-----------------------------------------------------------------------+
| Premium Diesel Fuel                                                   |
|                                                                       |
| ~~Cetane Number, 47.0 min~~                                           |
|                                                                       |
| ~~Low Temperature Operability (Oct.-Mar., LTFT)~~                     |
|                                                                       |
| ~~Thermal Stability~~                                                 |
+-----------------------------------------------------------------------+

> ~~The label must be conspicuously displayed on the upper‑half of the
> product dispenser front panel in a position that is clear and
> conspicuous from the driver's position.~~
>
> ~~(Added 1998) (Amended 1999)~~
>
> **7.1.1. Premium Diesel. -** The following test methods shall be used
> to determine compliance with the ~~applicable~~ premium diesel
> parameters:
>
> ~~(a) Energy Content ‑ ASTM D 240~~
>
> ~~(b)~~ **[(a.)]{.underline}** Cetane Number ‑ ASTM D 613
>
> ~~(c)~~ **[(b.)]{.underline}** Low Temperature Operability. ‑ ASTM D
> 4539 or ASTM D 2500 (according to marketing claim)
>
> ~~(d)~~ **[(c.)]{.underline}** Thermal Stability. ‑ ~~Octel America
> F21‑61 (180 min, 150 EC)~~ [ASTM D 6468 (180 min., 150
> °C).]{.underline}
>
> **[(d.) Lubricity. - ASTM D 6079]{.underline}**
>
> ~~(e) \*Fuel Injector Cleanliness ‑ The most recent edition of the
> Cummins L‑10 Injector Depositing Test as endorsed by the ASTM L‑10
> Injector Depositing Test Surveillance Panel.~~
>
> ~~\* Upon ASTM approval of [a]{.underline} standard test methods that
> are [is]{.underline} derived from the above referenced methods, the
> ASTM standard test methods shall be used to determine compliance with
> the applicable premium diesel parameter.~~
>
> (Amended 1999, 2003)

**Comments**: During the work session the Committee received a proposal
from the Premium Diesel Work Group to modify this item slightly to match
the proposal now being considered by ASTM. The Committee reviewed this
proposal and accepted the recommendation of the Premium Diesel Work
Group. The Committee wishes to sincerely thank the Premium Diesel Work
Group for all of their hard work and assistance with this item. The
Premium Diesel Work Group is comprised of the following members: R.
Jennings, Tennessee; R. Leisenring, Jr, Chevron Texaco; C. Cooney,
Oregon; L. Cunningham, Ethyl Corporation; D. Daniels, Octel-Starreon; C.
Yarnold, ONDEO Nalco; D. Harvey, Citgo Petroleum; R. Hayes, Missouri; M.
Herman, Herman & Associates; G. Mittermaier, Petroleum Marketers; M.
Nikanjam, Chevron Products Co.; J. Peeples, AAE Technologies, Inc; D.
Smith, North Carolina; and N. Strete, Lubrizol Corp.

[]{#__RefHeading___Toc63087884 .anchor}239 Price Verification

[]{#__RefHeading___Toc63087885 .anchor}239-1 I Amend NIST Handbook 130,
Examination Procedure for Price Verification, Section 6.2

**Source:** Western Weights and Measures Association (WWMA)

**Background:** While the definition of a point-of-sale system includes
a requirement for a weighing and measuring device and requires
indications to be visible in a direct sale (NIST Handbook 44,
G-UR.3.3.), cash registers and computer monitors that do not incorporate
a weighing or measuring device are not subject to the requirement that
the indication be visible to a consumer. The WWMA recommends that the
practice of consumers having access to price information as the
transaction is in progress be standardized. Consumers would then be able
to instantly confirm prices, businesses could correct incorrect prices
during the transaction, and the benefit of correct prices and time saved
would help everyone involved. Many businesses that use cash registers or
computer monitors currently have remote indicators that meet the
requirements, and for the ones that do not, technology and equipment is
available to provide such indications at an affordable price.

**Proposal:** Modify NIST Handbook 130, Examination Procedure for Price
Verification, Section 6, Inspection 6.2 Other as follows:

> Add:
>
> **(a) [A cash register or computer monitor used to list and total
> customer purchases must be positioned so that its indications may be
> observed from a reasonable customer location and/or have a remote
> indicator display so that its indications may be observed from a
> reasonable customer location.]{.underline}**

**Committee Recommendation:** The Committee believes that, while this
item is worthy of consideration, it should not be placed in the
Examination Procedure for Price Verification contained in NIST Handbook
130. The Committee believes that a more appropriate location for the
proposal would be in NIST Handbook 130, Weights and Measures Law,
Section 22, Prohibited Acts.

**Comments:** The SWMA considered this to be a problem, but there is
concern whether or not this is a weights and measures issue.
Additionally, there are concerns that Publication 19, which is now out
of print and obsolete, is the appropriate place to add this requirement
if it is considered a weights and measures issue. The scope of this
requirement is very broad and would impact a wide range of retail
establishments, which may not come under the jurisdiction of weights and
measures authorities since the systems may not be attached to a scale or
a meter.

[]{#__RefHeading___Toc63087886 .anchor}250 NIST Handbook 133, Checking
the Net Content of Packaged Goods

[]{#__RefHeading___Toc63087887 .anchor}250-1 W Amend NIST Handbook 133,
4^th^ Edition, Chapter 2, Section 2.3

**Source:** Western Weights and Measures Association (WWMA)

**Background:** NIST Handbook 133, 4^th^ Edition, Chapter 2, Section 2.2
states that a scale/balance having a "scale division no larger than 1/6
of the Maximum Allowable Variation (MAV) for the package size being
weighed" is required to test product. The example used to illustrate
this concept on page 7 of H-133 uses a 0.002-lb scale division as the
largest unit of measure appropriate for weighing these packages. The
existing examples on pages 11, 12 and 16 are not consistent with the
requirements of Section 2.2 and should be modified. In addition to the
device suitability requirement, the reason for recording package errors
in terms of "units of measure/dimensionless units" is to simplify and
reduce computation errors. WWMA believes that the examples on pages 11,
12 and 16 are unnecessarily restrictive in that they require the use of
the smallest scale division without any consideration to the weight of
the package, the size of the errors, or the graduations of the scale
being used. For example, in a recent series of inspections, shortages as
large as 12 lb were found for 60-lb bags of concrete mix. The scale used
to conduct the inspection had a minimum division of 0.002 lb, which
would require the package errors to be recorded in a unit of measure of
0.001 lb. The recorded errors (in dimensionless units) for these
inspections were as large as 12 000. Use of a larger unit of measure
that met the MAV/6 requirement (MAV = 2 % of labeled quantity or 1.2 lb;
MAV/6 = 0.2 lb) would not have affected the results of the inspection.

**Recommendation:** Amend NIST Handbook 133, pages 11 and 12, the second
and third "Example" contained in the question "How are the specific
steps of the Basic Test Procedure and document the inspection
identified?" and amend the "Example" on page 16 contained in the
question "How are individual package errors determined for the tare
sample packages?" as follows:

> Pages 11 and 12
>
> **Example:** If the net weight declared on a package is 1 lb, the
> metric equivalent (accurate to six significant digits) is 453.592 g.
> Do not round down or truncate values in the calculations until the
> nominal gross weight is determined and recorded. If the package is
> also labeled 454 g, then the metric declaration is larger than the
> inch-pound declaration and should be used to verify the net contents
> of the package. The Basic Test Procedure does not prohibit the use of
> units of weight instead of dimensionless units when recording package
> errors, nor does it prohibit the use of net content computer programs
> to determine product compliance. Record the unit of measure in box 2.
> The unit of measure ~~is the minimum division of the unit of
> measurement used to conduct the test. If a scale is used that reads to
> thousandths of a pound, the unit of measure is 0.001 lb even if the
> scale division is 0.002 lb or 0.005 lb,~~ should be less than or equal
> to MAV/6.
>
> **Example:** ~~If the scale has a scale division of 0.5 g, the unit of
> measure is 0.1 g. If a weighed package that has an error of "-0.5 g,"
> record the error as "-5" using the dimensionless units." If the scale
> indicates in increments of 0.002 lb, the unit of measure is 0.001 lb.
> If a weighed package has an error of "0.016," record the error as "16"
> using "dimensionless units."~~ **[The MAV for packages labeled 2.50 lb
> is 0.086 lb (see Table 2-5). The MAV/6 is 0.014 lb. If using a scale
> that reads in hundredths of a pound, the largest appropriate unit of
> measure should be 0.01 lb. If the scale division is in thousandths of
> a pound, the unit of measure may be 0.001, 0.002, or
> 0.005 lb.]{.underline}** When using dimensionless units, multiply
> package errors by the unit of measure to obtain the package error in
> weight.
>
> Page 16
>
> **Example:** ~~If weighing in 0.001 increments, the unit of measure is
> also 0.001 lb~~. **[If the unit of measure]{.underline} [is 0.001 lb
> *and*]{.underline}** ~~If~~ the package error for the first package
> opened for tare is +0.008 lb, instead of recording 0.008 lb in the
> plus column, record the error as "8" in the plus column. If the second
> package error is +0.060 lb, record the package error as "60" in the
> plus column, and so on. (This section does not prohibit the use of
> units of weight instead of dimensionless units or computer programs.)

**Comments:** Although there may be some benefits to clarifying the
language of Handbook 133, the Southern Weights and Measures Association
(SWMA) is not convinced that the proposed language is needed or
justified to reverse the handbook at this time. The Committee agreed
with the interpretation and recommendation of the SWMA and voted to
withdraw this item.

[]{#__RefHeading___Toc63087888 .anchor}250-2 W Amend NIST Handbook 133,
4^th^ Edition, Chapter2, Section 2.2

**Source:** Western Weights and Measures Association (WWMA)

**Background:** The WWMA reported that the test procedures in NIST
Handbook 44 are designed for commercial weighing and measuring devices.
A scale, when used by an official to inspect/test the net content of
packaged goods, is in effect a comparator with mass standards. As
currently written in NIST Handbook 133, the scale test requirements and
the frequency that they are tested are unnecessarily time-consuming and
onerous on the regulatory official. This proposal simplifies the
verification procedure and allows the official some flexibility. The
requirement to hold the scale to tolerances to one-half scale divisions
is difficult to determine under field conditions. The proposal to hold
tolerances to whole divisions is reasonable bearing in mind that mass
standards will determine any error that could then be corrected during
the weighing operation.

**Recommendation:** Amend the scale test in NIST Handbook 133, 4^th^
Edition, Chapter 2, Section 2.2, Measurement Standards and Test
Equipment, as follows:

> ***How often should I verify the accuracy of a scale?***
>
> Verify the accuracy of a scale before each initial daily use, each use
> at a new location, or when there is any indication of abnormal
> equipment performance (e.g., erratic indications). ~~Recheck the scale
> accuracy if it is found that the lot does not pass, so there can be
> confidence that the test equipment is not at fault.~~
>
> ***Which accuracy requirements apply?***
>
> Scales used to check packages must meet the ~~acceptance~~ tolerances
> ~~specified~~ for their **[test load and]{.underline}** accuracy class
> **[specified]{.underline}** in **[Table 1-2]{.underline}** ~~the
> current edition of NIST Handbook 44, "Specifications, Tolerances, and
> Other Technical Requirements for Weighing and Measuring Devices" (NIST
> HB 44). The tolerances for Class II and Class III digital scales are
> presented in Section 2.20. Scales, in NIST HB 44.~~
>
> ***In testing, which tolerances apply to the scale?***

  --------------------- ----------------- -------------------------------
  Table 1-2                               
  ~~Acceptance~~                          
  Tolerances for Class                    
  of Scales based on                      
  Test Load in                            
  Divisions                               

  Test Load in                            Tolerance
  Divisions                               

  Class II Scale        Class III Scale   

  0 to 5 000            0 to 500          Plus or Minus
                                          **[1]{.underline}** **~~0.5~~**
                                          Division

  5 001 to 20 000       501 to 2 000      Plus or Minus 1 Division

  20 001 or more        2 001 to 4 000    Plus or Minus
                                          **[2]{.underline}** **~~1.5~~**
                                          Divisions

  Not Applicable        4 001 or more     Plus or Minus
                                          **[3]{.underline}** **~~2.5~~**
                                          Divisions
  --------------------- ----------------- -------------------------------

> Do not use a scale if it has an error that exceeds the **[Table
> 1-2]{.underline}** **~~specified~~** tolerance in any of the
> performance tests described in the following section.
>
> ***Which performance tests should be conducted to ensure the accuracy
> of a scale?***
>
> Use the following procedures **[and certified mass
> standards]{.underline}** to verify the scale. The**[se]{.underline}**
> following procedures **[are]{.underline}** based on those required in
> NIST Handbook 44 **[and]{.underline}** have been modified to reduce
> the amount of time required for testing scales in field situations.
>
> *Increasing-Load Test*
>
> ~~Use certified mass standards to c~~**[C]{.underline}**onduct an
> "increasing-load test" with all test loads centered on the
> load-receiving element. Start the test with the device on zero and
> progress with increasing test loads to a "maximum test load" of at
> least 10 % more than the gross weight of the packages to be tested.
> Use at least three different test loads of approximately equal value
> to test the device up to the "maximum test load" **[with an additional
> test load approximately equal to the average package tare
> weight]{.underline}.** Verify the accuracy of the device at each test
> load. ~~Include the package tare weight as one of the test points.~~
>
> *Decreasing-Load Test*
>
> ~~For all types of scales, other than one~~ **[Except for equal-arm
> balances or scales]{.underline}** with a beam indicator ~~or equal-arm
> balance~~, conduct a "decreasing-load test" with all test loads
> centered on the load-receiving element. Use the same test loads used
> in the "increasing-load test" of this section, and start at the
> "maximum test load." Remove the test loads in the reverse order of the
> increasing-load test until all test loads are removed. Verify the
> accuracy of the scale at each test load.
>
> *Shift Test*
>
> Use a test load equal to one-half of the "maximum test load" used for
> the "increasing-load test." ~~For bench scales (see Diagram 1)
> place.~~ **[Place]{.underline}** the test load **[as indicated in
> diagrams 1 or 2 below.]{.underline}** ~~in the center of four separate
> quadrants, equidistant between the center and edge of the
> load-receiving element and determine the accuracy in each quadrant for
> equal-arm balances. For example, where the load-receiving element is a
> rectangular or circular shape, place the test load in the center of
> the area represented by the shaded boxes in the following diagrams.~~
> **[For each position of the test load, verify the accuracy of the
> scale.]{.underline}**

**Comments:** The tolerances for package checking scales have been in
Handbook 133 for approximately 15 years. There appears to be a consensus
among SWMA members that the scales used for regulatory inspection should
be held to tight tolerances when checking packages. These tolerances
have been acceptable for many years. Following the guidelines of
Handbook 133 results in a high level of confidence in the inspection
results. The SWMA does not want to see the level of confidence
diminished by increasing the tolerances for package inspection scales.
Consequently, the SWMA recommends maintaining the existing tolerances
for package inspection scales as currently stated in Handbook 133. The
Committee agreed with the analysis provided by the Southern Weights and
Measures Association (SWMA) concerning this item and voted to withdraw
the proposal.

[]{#__RefHeading___Toc63087889 .anchor}250-3 D Amend NIST Handbook 133,
4^th^ Edition, Chapter 1, Section 1.2

**Source:** Northeastern Weights and Measures Association (NEWMA)

**Recommendation:** Amend the discussion section "**Why do we allow for
moisture loss or gain?"** in section 1.2 Package Requirements on page 4
as follows:

[]{.mark}

> **Why do we allow for moisture loss or gain?**
>
> Some packaged products may lose or gain moisture and, therefore, lose
> or gain weight or volume after packaging. The amount of lost moisture
> depends upon the nature of the product, the packaging material, the
> length of time it is in distribution, environmental conditions, and
> other factors. Moisture loss may occur even when manufacturers follow
> good distribution practices.
>
> Loss of weight "due to ex­posure" may include solvent evaporation, not
> just loss of water**. [Note that allowances for loss or gain of
> moisture only apply to packages of commodities where the moisture has
> no value to the consumer (see Jones vs Rath).]{.underline}**
>
> ![](media/image1.png){width="2.8751968503937007in"
> height="1.6311023622047245in"}![](media/image2.png){width="2.8751968503937007in"
> height="1.6220472440944882in"}
>
> For loss or gain of moisture, **[you]{.underline}** apply the moisture
> allowances to the maximum allowable variations permitted for
> individual packages and to the average net quantity of contents be­fore
> determining the conformance of a lot. **[You may apply the allowance
> before measuring the package errors or after. When applying the
> allowance before the measurements, you essentially correct each
> package back to theoretical weight at time of pack, see Figure 1 at
> right. When applying the allowance after measuring the package errors,
> you correct the MAV and SEL to recognize the moisture loss as in
> Figure 2 at right. You can find specific directions for applying the
> allowances in tests in Section 2.3.]{.underline}**
>
> This handbook provides "moisture allowances" for some meat and poultry
> products, flour, and dry pet food (see "Moisture Allowances" in
> Chapter 2). These allowances are based on the premise that when the
> average net weight of a sample is found to be less than the labeled
> weight, but not by an amount that exceeds the allowable limit, either
> the lot is declared to be within the moisture allowance or more
> information must be collected before deciding lot compliance or non
> compliance.

**Comments:** Testimony was provided that indicated additional language
would be developed and presented by NEWMA to complete this proposal. As
a result of that testimony the Committee designated this item as
developmental.

[]{#__RefHeading___Toc63087890 .anchor}250-4 D Amend NIST Handbook 133,
4^th^ Edition, Chapter 2, Section 2.3

**Source:** Northeastern Weights and Measures Association (NEWMA)

**Recommendation:** NEWMA proposes deleting the current "M**oisture
Allowances"** discussion in section 2.3 Basic Test Procedure, on pages
17 through 19 and replacing it as follows:

> **Moisture Allowances**
>
> ***What products have an established moisture allowance?***
>
> Flour and dry pet food have a moisture allowance of 3 % of the labeled
> net weight. Note: Dry pet food means all extruded dog and cat foods
> and baked treat products packaged in kraft paper bags and/or cardboard
> boxes with a moisture content of 13 % or less at the time of pack.
>
> Meat and poultry products from a U.S. Department of Agriculture
> (USDA)-inspected plant are permitted no moisture allowance when tested
> under a Category A sampling plan with Used Dry Tare.
>
> []{.mark}
>
> Meat and poultry products from a USDA-inspected plant are permitted
> the following moisture allowances when tested under a Category A
> sampling plan with Wet Tare. Note: When there is free flowing liquid
> or absorbent packaging materials in contact with the product, all free
> liquid is part of the wet tare.
>
> For packages of fresh poultry that bear a USDA seal of inspection, the
> moisture allowance is 3 % of the labeled net weight. For net weight
> determinations only, fresh poultry is defined as poultry above 3 ºC
> (26 ºF). This is a product that yields or gives when pushed with the
> thumb.
>
> For packages of franks or hotdogs that bear an USDA seal of
> inspection, the moisture allowance is 2.5 % of the labeled net weight.
>
> For packages of bacon, fresh sausage, and luncheon meats that bear a
> USDA seal of inspection, there is no moisture allowance if there is no
> free-flowing liquid or absorbent materials in contact with the product
> and the package is cleaned of clinging material. Luncheon meats are
> any cooked sausage product, loaves, jellied products, cured products,
> and any sliced sandwich style meat. This does not include whole hams,
> briskets, roasts, turkeys, or chickens requiring further preparation
> to be made into ready-to-eat sliced product. When there is no
> free-flowing liquid inside the package and there are no absorbent
> materials in contact with the product, Wet Tare and Dried Used Tare
> are equivalent.
>
> []{.mark}
>
> These allowances are based on the premise that when the average net
> weight of a sample is found to be less than the labeled weight, but
> not by an amount that exceeds the allowable limit, either the lot is
> declared to be within the moisture allowance, or more information must
> be collected before deciding lot compliance or noncompliance.
>
> ***How do you determine the allowance for products without an
> established moisture allowance?***
>
> For any product subject to moisture loss/gain, you may determine the
> appropriate moisture loss allowance based on a valid, scientific
> study. You may not use arbitrarily chosen allowances for moisture
> loss/gain. Many packers have conducted studies that they can provide
> in support of any claim that the product lost/gained moisture. Any
> such study should have included a variety of environments that
> simulate the potential distribution chains that could be encountered.
> You may use the moisture loss limits found in such study as an
> allowance in a compliance test.
>
> ***What is the accepted method to determine the actual moisture loss
> for a lot?***
>
> Where the packer measures and records the moisture content of product
> in each lot, you may request a copy of that data to be compared to the
> moisture content of the product offered for sale. You must select a
> random sample of the product offered for sale and have it tested for
> moisture content using a scientifically verified test procedure e.g.
> like those in the Official Methods of Analysis of the Association of
> Official Analytical Chemists (See Appendix D). The actual moisture
> loss is calculated as the moisture content (%) at time of pack minus
> moisture content (%) at time of sale. Use the difference obtained to
> calculate the actual moisture loss for the lot by multiplying it times
> the label quantity. Use this as the moisture allowance in the official
> test. In the case of moisture gain, this value will be a negative
> number.
>
> **Calculations**
>
> []{.mark}
>
> ***How do you apply a moisture allowance when conducting a test?***
>
> Moisture allowances may be applied either prior to testing or after
> testing. These two methods are mathematically equivalent means of
> adjusting both the individual package errors and the sample average.
> It is common practice to apply the moisture correction prior to the
> test for those products with established moisture allowances like
> flour and dry pet food. In most other cases the correction is made
> after the test since moisture loss data will probably be obtained as
> part of the follow-up investigation after the initial test has failed.
>
> To compute the moisture loss allowance prior to testing, you correct
> the nominal gross weight in box 14 for moisture loss. Find the value
> of the allowance by multiplying the labeled quantity by the decimal
> percent value of the allowance. Enter this value in box 13a on the
> form. The nominal gross weight is found by adding the average tare
> (box 13) to the label quantity (box 1) and subtracting the moisture
> allowance (box 13a). Lot compliance is evaluated in the normal way
> using decision criteria in boxes 16 and 24 on the report form.
>
> **Example**: Labeled quantity of a bag of flour is 2 lb and average
> tare is 0.04 lb (box 13)
>
> Moisture Allowance is 3 % (0.03) of 2 lb = 0.06 lb
>
> *Nominal Gross Wt. = 2 lb + 0.04 lb -- 0.06 lb = 1.98 lb record this
> value in box 14.*
>
> []{.mark}
>
> To compute the moisture loss allowance after testing, you correct only
> the MAV and SEL for moisture loss. Perform your initial test with no
> moisture allowance in box 13a. When moisture loss data becomes
> available, find the value of the allowance by multiplying the labeled
> quantity by the decimal percent value of the moisture loss or
> allowance. Lot compliance is evaluated using decision criteria in
> boxes 16 and 24 on the report form and the moisture corrected MAV and
> SEL respectively.
>
> **Example:** Labeled quantity of a package of rice is 2 lb, average
> tare is 0.04 lb (box 13), MAV (box 3) is 0.07 lb, and SEL (box 23) is
> 0.023 lb.
>
> Moisture content at time of pack was 13.4 % (packer data)
>
> Moisture content at time of sale is 10.6 % (lab data)
>
> Moisture loss is (13.4 % to 10.6 %) = 2.8 %
>
> Moisture allowance is 0.028 x 2 lb = 0.056 lb
>
> Moisture Corrected MAV is 0.07 lb + 0.056 lb = 0.126 lb -- Compare
> each package error measured in the initial test to this moisture
> corrected MAV using criteria in box 16.
>
> Moisture Corrected SEL is 0.023 lb + 0.056 lb = 0.079 lb -- Compare
> the sample average error in the initial test to this moisture
> corrected SEL using criteria in box 24.

[]{.mark}

**Justification:** The products that have an established moisture
allowance should be clearly stated. Currently the Handbook only poses
the question "What is the moisture allowance for flour and dry pet
food?" It does not state if any other products have a moisture
allowance. In addition, the Handbook gives no guidance on what to do for
products that do not have an established moisture allowance.

The "Calculations" section on page 18 is confusing and does not
distinguish between applying a moisture allowance before or after
testing. NEWMA believes that the current method of comparing the
moisture allowance to the difference between the average error and the
Sample Error Limit (SEL) is confusing. Simply adjusting the SEL with the
moisture allowance is easier and more in line with how the MAV is
corrected (see graphs on first page).

[]{.mark}

The current Handbook does not address commodities that are packed in
sealed containers or how to treat commodities packed on the premises.
NEWMA requests guidance from the L&R Committee on these two items.

**Recommendation**: The Committee believes that the Fourth Edition of
NIST Handbook 133 provides adequate guidance for regulatory officials in
the area of Moisture Allowance. The Committee designated the proposal as
developmental.

[]{#__RefHeading___Toc63087891 .anchor}

260 Other Items

[]{#__RefHeading___Toc63087892 .anchor}260-1 I Enhanced Product --
USDA/FSIS Meat and Poultry Products

**Source:** Central Weights and Measures Association (CWMA)

**Comments:** Last year the Committee recommended and the NCWM adopted a
proposal to form an Enhanced Product Working Group. This Working Group
was not established as of the 2003 Interim Meeting. The WWMA recommended
that the Enhanced Product Working Group propose a plan and scope of
action for consideration by the NCWM. The WWMA and the SWMA encourage
the Working Group to invite participants from USDA, industry, and other
interested parties.

The CWMA formed a small committee to develop recommendations for the
formation of the working group with the goal of providing those
recommendations to the NCWM Chairman and the Committee Chairman in
advance of the 2002 NCWM Interim Meeting. NIST Weights and Measures
Division, provided copies of a previous NCWM study group protocol to
assist in the development of this item.

The Committee voted to maintain this item as "Informational" pending the
proposed formation of an Enhanced Product Working Group by the NCWM
Board of Directors.

[^1]

[]{#AppendixA .anchor}Appendix A

Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants
Regulation

Recommendation for 237-2

**Information Item**

as adopted by

The National Conference on Weights and Measures\*

**1. Background**

In 1984, the National Conference on Weights and Measures adopted section
2.20. in the Uniform Regulation for the Method of Sale of Com­modities
requiring motor fuel con­taining alcohol be labeled as such to disclose
that information to the retail purchaser. The delegates deemed this
action necessary since motor vehicle manufac­turers were qualifying their
warranties with respect to some gasoline-alcohol blends, motor fuel
users were complaining to weights and measures officials about fuel
quality and vehicle performance, and the American Society for Testing
and Materials (ASTM) had not yet finalized quality standards for
oxy­genated (which includes alcohol-containing) fuels. While many argued
that weights and measures officials should not cross the line from
quantity assurance programs to programs regulating quality, the
delegates were persuaded that the issue needed im­mediate attention.

A Motor Fuels Task Force was appointed in 1984 to develop mechanisms for
achieving uniformity in the evalu­ation and regu­lation of motor fuels.

The Task Force developed the Uniform Motor Fuel Inspection Law (see the
Uniform Laws section of this Handbook) and the Uniform Motor Fuel
Regulation to accompany the Law.

The recommended Law required registration and certification of motor
fuel as meeting ASTM standards. The regulation defined the ASTM
standards to be applied to motor fuel.

In 1992 the NCWM established the Petroleum Subcommittee under the Laws
and Regulations Committee. The subcommittee recommended major revisions
to the Regulation that was adopted at the 80th NCWM in 1995. The scope
of the regulation was expanded to include all engine fuels, petroleum
products, and automotive lubricants; its title was changed accordingly;
and the fuel specifications and method of sale sections were revised to
address the additional products. Other changes included expansion of the
definitions section and addition of sections on retail storage tanks,
condemned product, registration of engine fuels designed for special
use, and test methods and reproducibility limits.

**2. Status of Promulgation**

The Uniform Regulation for Engine Fuels, Petroleum Products, and
Automotive Lubricants was adopted by the Conference in 1995. The status
of State actions with respect to this Regulation is shown in the table
beginning on page 8.

\*The National Conference on Weight sand Measures is sponsored by the
National Institute of Standards and Technology in partial implementation
of its statutory responsibility for "cooperation with the States in
securing uniformity in weights and measures laws and methods of
inspection."

**Table of Contents**

**Section Page**

# 

1\. Definitions 135 [134]{.underline}

1.1. ASTM ~~135~~ [134]{.underline}

1.2. Antiknock Index (AKI) ~~135~~ [134]{.underline}

[1.3 Automatic Transmission Fluid]{.underline} ~~135~~ [134]{.underline}

~~1.3~~.[1.4]{.underline} Automotive Fuel Rating ~~135~~
[134]{.underline}

~~1.4.~~[1.5]{.underline} Automotive Gasoline, Automotive
Gasoline-Oxygenate Blend ~~135~~ [134]{.underline}

~~1.5.~~[1.6]{.underline} Aviation Gasoline ~~135~~ [134]{.underline}

~~1.6.~~[1.7]{.underline} Aviation Turbine Fuel ~~135~~
[134]{.underline}

~~1.7.~~[1.8]{.underline} Base Gasoline ~~135~~ [134]{.underline}

~~1.8.~~[1.9]{.underline} Biodiesel ~~135~~ [134]{.underline}

~~1.9.~~[1.10]{.underline} Cetane Index ~~135~~ [134]{.underline}

~~1.10~~[1.11]{.underline} Cetane Number ~~135~~ [134]{.underline}

~~1.11~~[1.12]{.underline} Compressed Natural Gas (CNG) ~~135~~
[134]{.underline}

~~1.12.~~[1.13]{.underline} Denatured Fuel Ethanol ~~136~~
[135]{.underline}

~~1.13~~[1.14]{.underline} Diesel Fuel ~~136~~ [135]{.underline}

~~1.14~~.[1.15]{.underline} Distillate ~~136~~ [135]{.underline}

~~1.15~~[1.16]{.underline} EPA ~~136~~ [135]{.underline}

~~1.16~~[1.17]{.underline} E85 Fuel Ethanol ~~136~~ [135]{.underline}

~~1.17~~[1.18]{.underline} Energy Content ~~136~~ [135]{.underline}

~~1.18~~[1.19]{.underline} Engine Fuel ~~136~~ [135]{.underline}

~~1.19~~[1.20]{.underline} Engine Fuels Designed for Special Use ~~136~~
[135]{.underline}

~~1.20~~[1.21]{.underline} Ethanol ~~136~~ [135]{.underline}

~~1.21~~[1.22]{.underline} Fuel Injector Cleanliness ~~136~~
[135]{.underline}

~~1.22~~. [1.23]{.underline} Fuel Oil ~~136~~ [135]{.underline}

~~1.23~~. [1.24]{.underline} Gasoline ~~136~~ [135]{.underline}

~~1.24~~[1.25]{.underline} Gasoline-Alcohol Blend ~~136~~
[135]{.underline}

~~1.25~~[1.26]{.underline} Gasoline Gallon Equivalent (GGE) ~~136~~
[135]{.underline}

~~1.26~~[1.27]{.underline} Gasoline Liter Equivalent (GLE) ~~136~~
[135]{.underline}

~~1.27~~[1.28]{.underline} Gasoline-Oxygenate Blend ~~137~~
[136]{.underline}

[1.29 Gear Oil]{.underline} ~~137~~ [136]{.underline}

~~1.28[1.29]{.underline}~~[1.30]{.underline} Kerosene ~~137~~
[136]{.underline}

~~1.29[1.30]{.underline}~~ [1.31]{.underline} Lead Substitute ~~137
[136]{.underline}~~

~~1.30[1.31]{.underline}~~[1.32]{.underline} Lead Substitute Engine Fuel
~~137~~ [136]{.underline}

~~1.31[1.32]{.underline}~~[1.33]{.underline} Leaded ~~137~~
[136]{.underline}

~~1.32 [1.33]{.underline}~~[1.34]{.underline} Liquefied Natural Gas
(LNG) ~~137~~ [136]{.underline}

~~1.33[1.34]{.underline}~~[1.35]{.underline} Liquefied Petroleum Gas
(LPG) ~~137~~ [136]{.underline}

~~1.34[1.35]{.underline}~~[1.36]{.underline} Low Sulfur ~~137~~
[136]{.underline}

~~1.35[1.36]{.underline}~~[1.37]{.underline} Low Temperature Operability
~~137~~ [136]{.underline}

~~1.36~~[1.38]{.underline} M100 Fuel Methanol ~~137~~ [136]{.underline}

~~1.37~~[1.39]{.underline} M85 Fuel Methanol ~~137~~ [136]{.underline}

~~1.38~~[1.40]{.underline} Motor Octane Number ~~137~~ [136]{.underline}

1.41 Motor Oil (Engine Oil) ~~137~~ [136]{.underline}

[1.42 Oil]{.underline} [137]{.underline}

~~1.39~~[1.43]{.underline} Oxygen Content of Gasoline ~~138~~
[137]{.underline}

~~1.40~~[1.44]{.underline} Oxygenate ~~138~~ [137]{.underline}

~~1.41~~[1.45]{.underline} Reformulated Gasoline ~~138~~
[137]{.underline}

~~1.42~~[1.46]{.underline} Research Octane Number ~~138~~
[137]{.underline}

~~1.43~~[1.47]{.underline} SAE ~~138~~ [137]{.underline}

~~1.44~~[1.48]{.underline} Substantially Similar ~~138~~
[137]{.underline}

~~1.45~~[1.49]{.underline} Thermal Stability ~~138~~ [137]{.underline}

~~1.46~~[1.50]{.underline} Total Alcohol ~~138~~ [137]{.underline}

~~1.47~~[1.51]{.underline} Total Oxygenate ~~138~~ [137]{.underline}

~~1.48~~[1.52]{.underline} Unleaded ~~138~~ [137]{.underline}

~~1.49~~[1.53]{.underline} Wholesale Purchaser Consumer ~~138~~
[137]{.underline}

2\. Standard Fuel Specifications 138 [137]{.underline}

2.1. Gasoline and Gasoline-Oxygenate Blends ~~138~~ [137]{.underline}

2.2. Diesel Fuel ~~139~~ [138]{.underline}

2.2.1. Premium Diesel Fuel ~~139~~ [138]{.underline}

2.3. Aviation Turbine Fuels ~~140~~ [139]{.underline}

2.4. Aviation Gasoline ~~140~~ [139]{.underline}

2.5. Fuel Oils ~~140~~ [139]{.underline}

2.6. Kerosene (Kerosine) ~~140~~ [139]{.underline}

2.7. Ethanol 140

2.8. Liquefied Petroleum (LP) Gases ~~141~~ [140]{.underline}

2.9. Compressed Natural Gas (CNG) ~~141~~ [140]{.underline}

2.10. E85 Fuel Ethanol ~~141~~ [140]{.underline}

2.11. M85 Fuel Methanol ~~141~~ [140]{.underline}

[2.12. Motor Oil]{.underline} ~~141~~ [140]{.underline}

[2.13. Products for Use in Manual Transmissions, Gears, or
Axles]{.underline} ~~142~~ [140]{.underline}

[2.14. Products for Use in Lubricating Automatic
Transmissions]{.underline} ~~142~~ [141]{.underline}

Section 3. Classification and Method of Sale of Petroleum Products 142
[141]{.underline}

3.1. General Considerations ~~142~~ [141]{.underline}

3.2. Automotive Gasoline and Automotive Gasoline-Oxygenate Blends
~~142~~ [141]{.underline}

3.3. Diesel Fuel ~~143~~ [142]{.underline}

3.4. Aviation Turbine Fuels ~~145~~ [144]{.underline}

3.5. Aviation Gasoline ~~145~~ [144]{.underline}

3.6. Fuel Oils ~~145~~ [144]{.underline}

3.7. Kerosene (Kerosine) ~~146~~ [145]{.underline}

3.8. Fuel Ethanol ~~146~~ [145]{.underline}

3.9. Fuel Methanol ~~147~~ [145]{.underline}

3.10. Liquefied Petroleum (LP) Gas ~~147~~ [145]{.underline}

3.11. Compressed Natural Gas ~~147~~ [146]{.underline}

3.12. Liquefied Natural Gas ~~147~~ [146]{.underline}

[3.13. Oil]{.underline} ~~148~~ [146]{.underline}

[3.14. Automatic Transmission Fluid]{.underline} ~~148~~
[147]{.underline}

Section 4. Retail Storage Tanks 148 [147]{.underline}

4.1. Water in Gasoline-Alcohol Blends, Aviation Gas, and Aviation
Turbine Fuel ~~148~~ [147]{.underline}

4.2. Water in Gasoline, Diesel, Gasoline-Ether, and Other Fuels ~~148~~
[147]{.underline}

4.3. Product Storage Identification 148

4.4. Volume of Product Information 148

Section 5. Condemned Product 149 [148]{.underline}

5.1. Stop Sale Order at Retail ~~149~~ [148]{.underline}

5.2. Stop Sale Order at Terminal or Bulk Plant Facility ~~149~~
[148]{.underline}

Section 6. Product Registration 149 [148]{.underline}

6.1. Engine Fuels Designed for Special Use ~~149~~ [148]{.underline}

6.2. 149

6.3. 149

6.4. 149

6.5. 149

Section 7. Test Methods and Reproducibility Limits 150 [149]{.underline}

7.1. ~~150~~ [149]{.underline}

7.2. Reproducibility Limits ~~150~~ [149]{.underline}

**Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants
Regulation**

**1. Definitions**

**1.1. ASTM.** - ~~The American Society for Testing and Materials~~
**[ASTM International]{.underline}** means the
**[inter]{.underline}**national voluntary consensus standards
organization formed for the development of standards on characteristics
and performance of materials, products, systems, and services; and the
promotion of related knowledge.

**1.2. Antiknock Index (AKI).** - Means the arithmetic average of the
Research Octane Number (RON) and Motor Octane Number (MON): AKI =
(RON+MON)/2. This value is called by a variety of names, in addition to
antiknock index, including: octane rating, posted octane, (R+M)/2
octane.

**[1.3.]{.underline} [Automatic Transmission Fluid]{.underline}**[. -
Means a product intended for use in a passenger vehicle, other than a
bus, as either a lubricant, coolant, or liquid medium in any type of
fluid automatic transmission, **that contains a torque converter.** ~~or
any other type of unit through which or by which, force, energy, or
power is transferred from a motor vehicle engine by hydraulic means to
the driving assembly.~~ **For the purposes of this regulation, fluids
intended for use in continuously variable transmissions are not
considered "Automatic Transmission Fluid".**]{.underline}

**~~1.3.~~[1.4.]{.underline} Automotive Fuel Rating.** - Means the
automotive fuel rating required under the amended Octane Certification
and Posting Rule (or as amended, the Fuel Rating Rule), 16 CFR Part 306.
Under this Rule, sellers of liquid automotive fuels, including
alternative fuels, must determine, certify, and post an appropriate
automotive fuel rating. The automotive fuel rating for gasoline is the
antiknock index (octane rating). The automotive fuel rating for
alternative liquid fuels consists of the common name of the fuel along
with a disclosure of the amount, expressed as a minimum percentage by
volume, of the principal component of the fuel. For alternative liquid
automotive fuels, a disclosure of other components, expressed as a
minimum percentage by volume, may be included, if desired.

**~~1.4.~~[1.5.]{.underline} Automotive Gasoline, Automotive
Gasoline-Oxygenate Blend.** - Means a type of fuel suitable for use in
spark‑ignition automobile engines and also commonly used in marine and
non-automotive applications.

**~~1.5.~~[1.6.]{.underline} Aviation Gasoline.** - Means a type of
gasoline suitable for use as a fuel in an aviation spark-ignition
internal combustion engine.

**~~1.6.~~[1.7.]{.underline} Aviation Turbine Fuel.** - Means a refined
middle distillate suitable for use as a fuel in an aviation gas turbine
internal combustion engine.

**~~1.7.~~[1.8.]{.underline} Base Gasoline.** - Means all components
other than ethanol in a blend of gasoline and ethanol.

**~~1.8.~~[1.9.]{.underline} Biodiesel.** - Means a blend consisting of
diesel fuel and a substantial amount of esterified animal fats and/or
vegetable oil(s).

**~~1.9.~~[1.10.]{.underline} Cetane Index.** - Means an approximation
of the cetane number of distillate diesel fuel, which does not contain a
cetane improver additive, calculated from the density and distillation
measurements.

**~~1.10.~~[1.11.]{.underline} Cetane Number.** - Means a numerical
measure of the ignition performance of a diesel fuel obtained by
comparing it to reference fuels in a standardized engine test.

**~~1.11.~~[1.12.]{.underline} Compressed Natural Gas (CNG).** - Means
natural gas which has been compressed and dispensed into fuel storage
containers and is suitable for use as an engine fuel.

**~~1.12.~~[1.13.]{.underline} Denatured Fuel Ethanol.** - Means
\"ethanol\" as defined in 1.19. below.

**~~1.13.~~[1.14.]{.underline} Diesel Fuel.** - Means a refined middle
distillate suitable for use as a fuel in a compression-ignition (diesel)
internal combustion engine.

**~~1.14.~~[1.15.]{.underline} Distillate.** - Means any product
obtained by condensing the vapors given off by boiling petroleum or its
products.

**~~1.15.~~[1.16.]{.underline} EPA.** - Means the United States
Environmental Protection Agency.

**~~1.16.~~[1.17.]{.underline} E85 Fuel Ethanol.** - Means a blend of
ethanol and hydrocarbons of which the ethanol portion is nominally 85 to
75 volume percent denatured fuel ethanol.

**~~1.17.~~[1.18.]{.underline} Energy Content.** - Means the gross
energy content or the heating value of diesel fuel as defined by its
heat of combustion ‑ the heat released when a known quantity of fuel is
burned completely under specific conditions as determined by ASTM
Standard Test Method D 240.

(Added 1998)(Amended 1999)

**~~1.18.~~[1.19.]{.underline} Engine Fuel.** - Means any liquid or
gaseous matter used for the generation of power in an internal
combustion engine.

**~~1.19.~~ [1.20.]{.underline} Engine Fuels Designed for Special
Use.** - Means engine fuels designated by the Director requiring
registration. These fuels normally do not have ASTM or other national
consensus standards applying to their quality or useability; common
special fuels are racing fuels and those intended for agricultural and
other off-road applications.

**~~1.20.~~[1.21.]{.underline} Ethanol.** - Also known as \"Denatured
Fuel Ethanol,\" means nominally anhydrous ethyl alcohol meeting ASTM D
4806 standards. It is intended to be blended with gasoline for use as a
fuel in a spark-ignition internal combustion engine. The denatured fuel
ethanol is first made unfit for drinking by the addition of Bureau of
Alcohol, Tobacco, and Firearms (BATF) approved substances before
blending with gasoline.

**~~1.21.~~[1.22.]{.underline} Fuel Injector Cleanliness.** - Means a
characteristic of the fuel which allows engine operation without fuel
contribution to excessive injector deposits.

(Added 1998)(Amended 1999)

**~~1.22.~~[1.23.]{.underline} Fuel Oil.** - Means a refined oil middle
distillates, heavy distillates, or residues of refining, or blends of
these, suitable for use as a fuel for heating or power generation, the
classification of which shall be defined by ASTM D 396.

**~~1.23.~~[1.24.]{.underline} Gasoline.** - Means a volatile mixture of
liquid hydrocarbons generally containing small amounts of additives
suitable for use as a fuel in a spark-ignition internal combustion
engine.

**~~1.24.~~[1.25.]{.underline} Gasoline-Alcohol Blend.** - Means a fuel
consisting primarily of gasoline and a substantial amount (more than
0.35 mass percent of oxygen, or more than 0.15 mass percent of oxygen if
methanol is the only oxygenate) of one or more alcohols.

**~~1.25.~~[1.26.]{.underline} Gasoline Gallon Equivalent (GGE). -**
Gasoline gallon equivalent (GGE) means 2.567 kilograms (5.660 lb) of
natural gas.

**~~1.26.~~[1.27.]{.underline} Gasoline Liter Equivalent (GLE).** -
Gasoline liter equivalent (GLE) means 0.678 kilogram (1.495 lb) of
natural gas.

**~~1.27.~~[1.28.]{.underline} Gasoline-Oxygenate Blend.** - Means a
fuel consisting primarily of gasoline along with a substantial amount
(more than 0.35 mass percent of oxygen, or more than 0.15 mass percent
of oxygen if methanol is the only oxygenate) of one or more oxygenates.

[**1.29. Gear Oil.** - **Means an oil used to lubricate gears, axles or
some manual transmissions.**]{.underline}

**~~1.28.~~[1.30.]{.underline} Kerosene.** - (or \"Kerosine\") Means a
refined middle distillate suitable for use as a fuel for heating or
illuminating, the classification of which shall be defined by ASTM D
3699.

**~~1.29.~~[1.31.]{.underline} Lead Substitute.** - Means an EPA-
registered gasoline additive suitable, when added in small amounts to
fuel, to reduce or prevent exhaust valve recession (or seat wear) in
automotive spark-ignition internal combustion engines designed to
operate on leaded fuel.

**~~1.30.~~[1.32.]{.underline} Lead Substitute Engine Fuel.** - Means,
for labeling purposes, a gasoline or gasoline-oxygenate blend that
contains a \"lead substitute.\"

**~~1.31.~~[1.33.]{.underline} Leaded.** - Means, for labeling purposes,
any gasoline or gasoline-oxygenate blend which contains more than 0.013
gram of lead per liter (0.05 g lead per U.S. gal). NOTE: EPA defines
leaded fuel as one which contains more than 0.0013 gram of phosphorus
per liter (0.005 g per U.S. gal), or any fuel to which lead or
phosphorus is intentionally added.

**~~1.32.~~[1.34.]{.underline} Liquefied Natural Gas (LNG).** - Means
natural gas that has been liquefied at -126.1 C (‑259 F) and stored in
insulated cryogenic tanks for use as an engine fuel.

**~~1.33.~~[1.35.]{.underline} Liquefied Petroleum Gas (LPG).** - Means
a mixture of normally gaseous hydrocarbons, predominantly propane, or
butane, or both, that has been liquefied by compression or cooling, or
both to facilitate storage, transport, and handling.

**~~1.34.~~[1.36.]{.underline} Low Sulfur.** - Means low sulfur diesel
fuel that meets ASTM D 975 (e.g., Grade Low Sulfur No. 1-D or Grade Low
Sulfur No. 2-D) standards. Diesel fuel containing higher amounts of
sulfur for off-road use is defined by EPA regulations.

**~~1.35.~~[1.37.]{.underline} Low Temperature Operability.** - Means a
condition which allows the uninterrupted operation of a diesel engine
through the continuous flow of fuel throughout its fuel delivery system
at low temperatures. Fuels with adequate low temperature operability
characteristics have the ability to avoid wax precipitation and clogging
in fuel filters.

(Added 1998)(Amended 1999)

**~~1.36.~~[1.38.]{.underline} M100 Fuel Methanol.** - Means nominally
anhydrous methyl alcohol, generally containing small amounts of
additives, suitable for use as a fuel in a compression-ignition internal
combustion engine.

**~~1.37.~~[1.39.]{.underline} M85 Fuel Methanol.** - Means a blend of
methanol and hydrocarbons of which the methanol portion is nominally 70
to 85 volume percent.

**~~1.38.~~[1.40.]{.underline} Motor Octane Number.** - Means a
numerical indication of a spark-ignition engine fuel\'s resistance to
knock obtained by comparison with reference fuels in a standardized ASTM
D 2700 Motor Method engine test.

[**1.41. Motor Oil .** - **is an oil that reduces friction and wear
between the moving parts within a reciprocating internal combustion
engine and also serves as a coolant. For the purposes of this
regulation, "vehicle motor oil" refers to a motor oil which is intended
for use in light-to-heavy duty vehicles comprising cars, sport utility
vehicles, vans, trucks, buses, and off-road farming and construction
equipment. For the purposes of this regulation, "recreational motor oil"
refers to a motor oil which is intended for use in four-stroke cycle
engines used in motorcycles, ATVs, and lawn and garden equipment. For
the purposes of this regulation motor oil also means engine
oil.**]{.underline}

[**1.42. Oil.** **- Means motor oil, engine oil, and/or gear
oil.**]{.underline}

**~~1.39.~~[1.43.]{.underline} Oxygen Content of Gasoline.** - Means the
percentage of oxygen by mass contained in a gasoline.

**~~1.40.~~[1.44.]{.underline} Oxygenate.** - Means an
oxygen-containing, ashless, organic compound, such as an alcohol or
ether, which can be used as a fuel or fuel supplement.

**~~1.41.~~[1.45.]{.underline} Reformulated Gasoline.** - Means a
volatile mixture of liquid hydrocarbons and oxygenates meeting the
reformulated gasoline requirements of the Clean Air Act Amendments of
1990 and suitable for use as a fuel in a spark-ignition internal
combustion engine.

**~~1.42.~~[1.46.]{.underline} Research Octane Number.** - Means a
numerical indication of a spark-ignition engine fuel\'s resistance to
knock obtained by comparison with reference fuels in a standardized ASTM
D 2699 Research Method Engine Test.

**~~1.43.~~[1.47.]{.underline} SAE.** - Means the Society of Automotive
Engineers **[International]{.underline}**, a technical organization for
engineers, scientists, technicians, and others in positions that
cooperate closely in the engineering, design, manufacture, use, and
maintainability of self-propelled vehicles.

**~~1.44.~~[1.48.]{.underline} Substantially Similar.** - Means the
EPA\'s \"Substantially Similar\" rule, Section 211 (f) (1) of the Clean
Air Act \[42 U.S.C. 7545 (f) (1)\].

**~~1.45.~~[1.49.]{.underline} Thermal Stability.** - Means the ability
of a fuel to resist the thermal stress which is experienced by the fuel
when exposed to high temperatures in a fuel delivery system. Such stress
can lead to formation of insoluble gums or organic particulates.
Insolubles (e.g., gums or organic particulates) can clog fuel filters
and contribute to injector deposits.

(Added 1998)(Amended 1999)

**~~1.46.~~[1.50.]{.underline} Total Alcohol.** - Means the aggregate
total in volume percent of all alcohol contained in any fuel defined in
this Chapter.

**~~1.47.~~[1.51.]{.underline} Total Oxygenate.** - Means the aggregate
total in volume percent of all oxygenates contained in any fuel defined
in this Chapter.

**~~1.48.~~[1.52.]{.underline} Unleaded.** - In conjunction with
\"engine fuel\" or \"gasoline\" means any gasoline or gasoline-oxygenate
blend to which no lead or phosphorus compounds have been intentionally
added and which contains not more than 0.013 gram of lead per liter
(0.05 g lead per U.S. gal) and not more than 0.0013 gram of phosphorus
per liter (0.005 g phosphorus per U.S. gal).

**~~1.49.~~[1.53.]{.underline} Wholesale Purchaser Consumer.** - Means
any person who is an ultimate gasoline consumer of fuel methanol, fuel
ethanol, diesel fuel, biodiesel, fuel oil, kerosene, aviation turbine
fuels, natural gas, compressed natural gas, or liquefied petroleum gas
and who purchases or obtains the product from a supplier and receives
delivery of that product into a storage tank.

(Added 1998)(Amended 1999)

**2. Standard ~~Fuel~~ Specifications**

**2.1. Gasoline and Gasoline-Oxygenate Blends** (as defined in this
regulation) shall meet the following requirements:

> **2.1.1.** The most recent version of ASTM D 4814, \"Standard
> Specification for Automotive Spark­‑Ignition Engine Fuel,\" except that
> volatility standards for unleaded gasoline blended with ethanol shall
> not be more restrictive than those adopted under the rules,
> regula­tions, and Clean Air Act waivers of the U.S. Environmental
> Protection Agency (which includes rules promulgated by the State).
> Gasoline blended with ethanol shall be blended under any of the
> following three options:
>
> **2.1.1.1.** The base gasoline used in such blends shall meet the
> requirements of ASTM D 4814, or
>
> **2.1.1.2.** The blend shall meet the requirements of ASTM D 4814, or
>
> **2.1.1.3.** The base gasoline used in such blends shall meet all the
> requirements of ASTM D 4814 except distillation, and the blend shall
> meet the distillation requirements of the ASTM specification.
>
> **2.1.2.** Blends of gasoline and ethanol shall not exceed the ASTM D
> 4814 vapor pressure standard by more than 1.0 psi.
>
> **2.1.3. Minimum Antiknock Index (AKI).** - The AKI shall not be less
> than the AKI posted on the product dispenser or as certified on the
> invoice, bill of lading, shipping paper, or other documentation;
>
> **2.1.4. Minimum Motor Octane Number.** - The minimum motor octane
> number shall not be less than 82 for gasoline with an AKI of 87 or
> greater;
>
> **2.1.5. Minimum Lead Content to Be Termed \"Leaded\".** - Gasoline
> and gasoline‑oxygenate blends sold as \"leaded\" shall contain a
> minimum of 0.013 gram of lead per liter (0.05 g per U.S. gal);
>
> **2.1.6.** **Lead Substitute Gasoline.** - Gasoline and
> gasoline-oxygenate blends sold as \"lead substitute\" gasoline shall
> contain a lead substitute which provides protection against exhaust
> valve seat recession equivalent to at least 0.026 gram of lead per
> liter (0.10 g per U.S. gal).
>
> **2.1.6.1.** **Documentation of Exhaust Valve Seat Protection.** -
> Upon the request of the director, the lead substitute additive
> manufacturer shall provide documentation to the director that
> demonstrates that the treatment level recommended by the additive
> manufacturer provides protection against exhaust valve seat recession
> equivalent to or better than 0.026 gram per liter (0.1 g/gal) lead.
> The director may review the documentation and approve the lead
> substitute additive before such additive is blended into gasoline.
> This documentation shall consist of:
>
> **2.1.6.1.1.** Test results as published in the Federal Register by
> the EPA Administrator as required in Section 211(f)(2) of the Clean
> Air Act; or
>
> **2.1.6.1.2.** Until such time as the EPA Administrator develops and
> publishes a test procedure to determine the additive\'s effectiveness
> in reducing valve seat wear, test results and description of the test
> procedures used in comparing the effectiveness of 0.026 gram per liter
> lead and the recommended treatment level of the lead substitute
> additive shall be provided.
>
> **2.1.7. Blending.** - Leaded, lead substitute, and unleaded
> gasoline-oxygenate blends shall be blended according to the EPA
> \"substantially similar\" rule or an EPA waiver for unleaded fuel.

**2.2. Diesel Fuel** shall meet the most recent version of ASTM D 975,
\"Standard Specification for Diesel Fuel Oils.\"

> **2.2.1. Premium Diesel Fuel. -** Effective January 1, 2000, all
> products identified on retail dispensers, bills of lading, invoices,
> shipping papers, or other documentation such as premium, super,
> supreme, plus, or premier must conform to at least two of the
> following requirements:
>
> **(a) Energy Content. -** A minimum energy content of 38.65 MJ/L,
> gross (138,700 BTU/gallon, gross) as measured by ASTM Standard Test
> Method D 240.
>
> **(b) Cetane Number. -** A minimum cetane number of 47.0 as determined
> by ASTM Standard Test Method D 613.
>
> **(c)** **Low Temperature Operability. -** A cold flow performance
> measurement which meets the ASTM D 975 tenth percentile minimum
> ambient air temperature charts and maps by either ASTM Standard Test
> Method D 2500 (Cloud Point) or ASTM Standard Test Method D 4539 (Low
> Temperature Flow Test, LTFT). Low temperature operability is only
> applicable October 1 - March 31 of each year.
>
> **(d) Thermal Stability. -** A minimum reflectance measurement of 80 %
> using a green filter in the Octel America\'s Test Method No. F21‑61
> (180 minutes, 150 C).
>
> **(e) Fuel Injector Cleanliness. -** A Coordinating Research Council
> (CRC) rating of 10.0 or less and a flow loss of 6.0 % or less as
> determined by the Cummins L‑10 Injector Depositing Test.
>
> 1\. When a fuel uses a detergent additive to meet the requirement,
> upon the request of the Director, the fuel marketer shall provide test
> data indicating the additive being used has passed the Cummins L‑10
> Injector Depositing Test requirements when combined with Caterpillar
> 1‑K (CAT 1‑K) reference fuel. The Director may also request records or
> otherwise audit the amount of additive being used to ensure proper
> treatment of fuels according to the additive manufacturer\'s
> recommended treat rates.
>
> 1.1. Upon the request of the Director, the fuel marketer shall provide
> an official \"Certificate of Analysis\" of the physical properties of
> the additive.
>
> 1.2. Upon the request of the Director, the fuel supplier shall provide
> a sample of detergent additive in an amount sufficient to be tested
> with CAT 1‑K reference fuel in a Cummins L‑10 Injector Depositing
> Test. The regulatory agency requesting the sample shall be responsible
> for all costs of testing.
>
> 2\. When a fuel marketer relies on the inherent cleanliness of the
> diesel fuel to pass the Cummins L‑10 Injector Depositing Test or if
> the fuel requires a lower detergent additive level than the amount
> required when the additive is used with the CAT 1‑K reference fuel,
> the fuel marketer shall provide, upon the request of the Director,
> annual test results from an independent laboratory that confirms the
> fuel meets the requirements of 2.2.1. (e). The time of fuel sampling
> and testing shall be at the Directors discretion. The Director may
> witness the sampling of the fuel and the sealing of the sample
> container(s) with security seals. The Director may request
> confirmation from the testing laboratory that the seals were intact
> upon receipt by the laboratory. The final test results shall be
> provided to the Director. All costs for sampling, transporting, and
> testing shall be the responsibility of the fuel supplier. If the
> annual test complies, any additional testing at the request of the
> Director shall be paid for by the regulatory agency.
>
> (Added 1998) (Amended 1999)

**2.3. Aviation Turbine Fuels** shall meet the most recent version of
ASTM D 1655, \"Standard Specification for Aviation Turbine Fuels.\"

**2.4. Aviation Gasoline** shall meet the most recent version of ASTM D
910, \"Standard Specification for Aviation Gasoline.\"

**2.5. Fuel Oils** shall meet the most recent version of ASTM D 396,
\"Standard Specification for Fuel Oils.\"

**2.6. Kerosene (Kerosine)** shall meet the most recent version of ASTM
D 3699, \"Standard Specification for Kerosene.\"

**2.7. Ethanol** intended for blending with gasoline shall meet the most
recent version of ASTM D 4806, \"Standard Specification for Denatured
Fuel Ethanol for Blending with Gasolines for Use as Automotive
Spark-Ignition Engine Fuel.\"

**2.8. Liquefied Petroleum (LP) Gases** shall meet ASTM D 1835,
\"Standard Specification for Liquefied Petroleum (LP) Gases.\"

**Note:** Also reference Gas Processors Association 2140, \"Liquefied
Petroleum Gas Specification and Test Methods.\"

**2.9. Compressed Natural Gas (CNG)** shall meet the most recent version
of SAE J 1616, \"Recommended Practice for Compressed Natural Gas Vehicle
Fuel.\"

**2.10. E85 Fuel Ethanol** shall meet the most recent version of ASTM D
5798, \"Standard Specification for Fuel

Ethanol (Ed75-Ed85) for Automotive Spark-Ignition Engines.\"

(Added 1997)

**2.11. M85 Fuel Methanol.** shall meet the most recent version of ASTM
D 5797, \"Standard Specification for Fuel Methanol M70-M85 for
Automotive Spark Ignition Engines.\"

(Added 1997)

**[2.12. Vehicle Motor. - Oil shall not be sold or distributed for use
unless the product conforms to the following
specifications:]{.underline}**

> [**(a)** ~~It shall meet at least one of the engine oil service
> categories established in the latest version of SAE J183 or API
> Publication 1509 *Engine Oil Licensing and Certification
> *~~]{.underline}~~System~~ **[Performance claims listed on the label
> shall be evaluated against SAE J183, API 1509 Engine Oil Licensing and
> Certification System or other industry standards as
> applicable.]{.underline}**
>
> **[(b) It shall meet its labeled viscosity grade classification as
> specified in the latest published version of SAE J300.]{.underline}**
>
> **[(c) Any engine oil that is represented as \"energy conserving\"
> shall meet the requirements established by the latest revision of SAE
> J1423.]{.underline}**

[**2.13. PRODUCTS FOR USE IN LUBRICATING MANUAL TRANSMISSIONS, GEARS OR
AXLES** **shall not be sold or distributed for use in lubricating manual
transmissions, gears, or axles unless the product conforms to the
following specifications:**]{.underline}

> **[(a) It is labeled with one or more of the service designations
> found in the latest revision of the SAE Information Report on axle and
> manual transmission lubricants SAE J308 and API Publication 1560 and
> meets all applicable requirements of those
> designations.]{.underline}**
>
> **[(b) The product shall meet its labeled viscosity grade
> classification as specified in the latest published version of SAE
> J306.]{.underline}**
>
> **(c) It shall be free from water and suspended matter when tested by
> means of centrifuge, in accordance with the standard test ASTM
> D-2273.**

[**2.14. Products For Use In Lubricating Automatic Transmissions. - Any
automatic transmission fluid sold without limitation as to type of
transmission for which it is intended, shall meet all automotive
manufacturers\' recommended requirements for transmissions in general
use in the state. Automatic transmission fluids that are intended for
use only in certain transmissions, as disclosed on the label of its
container, shall meet the latest automotive manufacturers\' recommended
requirements for those transmissions.** **Adherence to automotive
manufacturers recommended requirements shall be based on tests currently
available to the lubricants industry and the state regulatory
agency.**]{.underline}

[**Any material offered for sale or sold as an additive to automatic
transmission fluids shall be compatible with the automatic transmission
fluid to which it is added** ~~and the resulting mixture shall not fall
below the minimum specifications for automatic transmission fluids, as
established by the director.~~ **and shall meet all performance claims
as stated on the label. Any manufacturer of any such product sold in
this state shall provide, upon request by a duly authorized
representative of the Director, documentation of any claims made on
their product label.**]{.underline}

**Section 3. Classification and Method of Sale of Petroleum Products**

**3.1. General Considerations.**

> **3.1.1. Documentation.** - When gasoline; gasoline-oxygenate blends;
> reformulated gasoline; M85 and M100 fuel methanol; E85 and E100 fuel
> ethanol; liquefied petroleum (LP) gases; compressed natural gas;
> liquefied natural gas; biodiesel; diesel fuel; kerosene; aviation
> gasoline; aviation turbine fuels; or, fuel oils are sold, an invoice,
> bill of lading, shipping paper or other documentation, must accompany
> each delivery other than a retail sale. This document must identify
> the quantity, the name of the product, the particular grade of the
> product, the applicable automotive fuel rating, and oxygenate type and
> content (if applicable), the name and address of the seller and buyer,
> and the date and time of the sale. Documentation must be retained at
> the retail establishment for a period not less than 1 year.
>
> **3.1.2. Retail Dispenser Labeling.** - All retail dispensing devices
> must identify conspicuously the type of product, the particular grade
> of the product, and the applicable automotive fuel rating.
>
> **3.1.3. Grade Name.** - The sale of any product under any grade name
> that indicates to the purchaser that it is of a certain automotive
> fuel rating or ASTM grade shall not be permitted unless the automotive
> fuel rating or grade indicated in the grade name is consistent with
> the value and meets the requirements of Section 2, Standard Fuel
> Specifications.

**3.2. Automotive Gasoline and Automotive Gasoline-Oxygenate Blends.**

> **3.2.1.** **Posting of Antiknock Index Required.** - All automotive
> gasoline and automotive gasoline-oxygenate blends shall post the
> antiknock index in accordance with applicable regulations, 16 CFR Part
> 306 issued pursuant to the Petroleum Marketing Practices Act, as
> amended.
>
> **3.2.2.** **When the Term \"Leaded\" May Be Used.** - The term
> \"leaded\" shall only be used when the fuel meets specification
> requirements of paragraph 2.1.5.
>
> **3.2.3.** **Use of Lead Substitute Must Be Disclosed.** - Each
> dispensing device from which gasoline or gasoline oxygenate blend
> containing a lead substitute is dispensed shall display the following
> legend: \"Contains Lead Substitute.\" The lettering of this legend
> shall not be less than 12.7 mm (1/2 in) in height and the color of the
> lettering shall be in definite contrast to the background color to
> which it is applied.
>
> **3.2.4.** **Nozzle Requirements for Leaded Fuel.** - Each dispensing
> device from which gasoline or gasoline-oxygenate blends that contains
> lead in amounts sufficient to be considered \"leaded\" gasoline, or
> lead substitute engine fuel, is sold shall be equipped with a nozzle
> spout having a terminal end with an outside diameter of not less than
> 23.63 mm (0.930 in).
>
> **3.2.5.** **Prohibition of Terms.** - It is prohibited to use
> specific terms to describe a grade of gasoline or gasoline-oxygenate
> blend unless it meets the minimum antiknock index requirement shown in
> Table 1.
>
> **3.2.6. Method of Retail Sale.** - **Type of Oxygenate Must be
> Disclosed.** - All automotive gasoline or automotive
> gasoline-oxygenate blends kept, offered, or exposed for sale, or sold,
> at retail containing at least 1.5 mass percent oxygen shall be
> identified as "with" or "containing" (or similar wording) the
> predominant oxygenate in the engine fuel. For example, the label may
> read "contains ethanol" or "with MTBE." The oxygenate contributing the
> largest mass percent oxygen to the blend shall be considered the
> predominant oxygenate. Where mixtures of only ethers are present, the
> retailer may post the predominant oxygenate followed by the phrase "or
> other ethers" or alternatively post the phrase "contains MTBE or other
> ethers." In addition, gasoline-methanol blend fuels containing more
> than 0.15 mass percent oxygen from methanol shall be identified as
> "with" or "containing" methanol. This information shall be posted on
> the upper 50 % of the dispenser front panel in a position clear and
> conspicuous from the driver's position in a type at least 12.7 mm (1/2
> in) in height, 1.5 mm (1/16 in) stroke (width of type).
>
> (Amended 1996)
>
> **3.2.7. Documentation for Dispenser Labeling Purposes.** - The
> retailer shall be provided, at the time of delivery of the fuel, on an
> invoice, bill of lading, shipping paper, or other documentation, a
> declaration of the predominant oxygenate or combination of oxygenates
> present in concentrations sufficient to yield an oxygen content of at
> least 1.5 mass percent in the fuel. Where mixtures of only ethers are
> present, the fuel supplier may identify either the predominant
> oxygenate in the fuel (i.e., the oxygenate contributing the largest
> mass percent oxygen) or, alternatively, use the phrase "contains MTBE
> or other ethers." In addition, any gasoline containing more than 0.15
> mass percent oxygen from methanol shall be identified as "with" or
> "containing" methanol. This documentation is only for dispenser
> labeling purposes; it is the responsibility of any potential blender
> to determine the total oxygen content of the engine fuel before
> blending.
>
> (Amended 1996)

**3.3. Diesel Fuel.**

> **3.3.1.** **Labeling of Grade Required.** - Diesel Fuel shall be
> identified by grades No. 1-D, No. 1-D (low sulfur), No. 2-D, No. 2-D
> (low sulfur), or No. 4-D. Each retail dispenser of diesel fuel shall
> be labeled according to the grade being dispensed except the words
> \"low sulfur\" are not required.
>
> **3.3.2. Location of Label.** - These labels shall be located on the
> upper 50 % of the dispenser front panel in a position clear and
> conspicuous from the drivers position, in a type at least 12.7 mm (1/2
> in) in height, 1.5 mm (1/16 in) stroke (width of type).
>
> **3.3.3. Labeling Properties of Premium Diesel.** - All retail
> dispensers identified, as premium diesel must display either:
>
> 1\. A label that includes all qualifying parameters as specified in
> 2.2.1. Premium Diesel Fuel affixed to each retail dispenser. The label
> shall include a series of check blocks clearly associated with each
> parameter. The boxes for the parameters qualifying the fuel must be
> checked. All other boxes shall remain unchecked. The marketer may
> check as many blocks as apply, or,
>
> 2\. A label that includes only the parameters selected by a marketer
> to meet the premium diesel requirements as specified in 2.2.1. Premium
> Diesel Fuel. In either case, the label must display the following
> words:

-   \"Premium Diesel Fuel\" in a type at least 12.7 mm (1/2 in) in
    height by 1.5 mm (1/16 in) stroke (width of type).

> When applicable, as determined by the label option and qualifying
> parameters chosen by the marketer, the label must also display the
> following information and letter type size:

-   The words \"Energy Content,\" \"Cetane Number,\" \"Low Temperature
    Operability,\" \"Thermal Stability,\" and \"Fuel Injector
    Cleanliness\" in a type at least 6 mm (1/4 in) in height by 0.79 mm
    (1/32 in) stroke (width of type).

-   A declaration of the minimum Energy Content (minimum 38.65 MJ/L
    gross \[138,700 BTU/gallon\]), if energy content is chosen as a
    qualifying parameter, in type at least 3 mm (1/8 in) in height by
    0.4 mm (1/64 in) stroke (width of type).

-   The minimum cetane number guaranteed (at least 47.0) if cetane
    number is chosen as a qualifying parameter, in a type at least 3 mm
    (1/8 in) in height by 0.4 mm (1/64 in) stroke (width of type).

-   The date range of low temperature operability enhancement, (e.g.,
    October - March) along with the qualifying test method (ASTM D 4539
    or ASTM D 2500), if low temperature operability is chosen as a
    qualifying parameter, in a type at least 3 mm (1/8 in) in height by
    0.4 mm (1/64 in) stroke (width of type).

+--------------------+----------------------+-------------------------+
| **Table 1. Minimum |                      |                         |
| Antiknock Index    |                      |                         |
| Requirements**     |                      |                         |
+--------------------+----------------------+-------------------------+
|                    | **Minimum Antiknock  |                         |
|                    | Index**              |                         |
+--------------------+----------------------+-------------------------+
| **Term**           | **ASTM D 4814        | ######### All           |
|                    | Altitude Reduction   | Other ASTM D 4814 Areas |
|                    | Areas IV and V**     |                         |
+--------------------+----------------------+-------------------------+
| **Premium, Super,  | **90**               | **91**                  |
| Supreme, High      |                      |                         |
| Test**             |                      |                         |
+--------------------+----------------------+-------------------------+
| **Midgrade, Plus** | **87**               | **89**                  |
+--------------------+----------------------+-------------------------+
| **Regular Leaded** | **86**               | **88**                  |
+--------------------+----------------------+-------------------------+
| **Regular,         | **85**               | **87**                  |
| Unleaded (alone)** |                      |                         |
+--------------------+----------------------+-------------------------+
| **Economy**        | **---**              | **86**                  |
+--------------------+----------------------+-------------------------+
| **(Table Amended   |                      |                         |
| 1997)**            |                      |                         |
+--------------------+----------------------+-------------------------+

For example:

+-----------------------------------------------------------------------+
| **Premium Diesel Fuel**                                               |
|                                                                       |
| High Energy Content                                                   |
|                                                                       |
| Cetane Number, 47.0 min                                               |
|                                                                       |
| Low Temperature Operability (Oct.-Mar.,LTFT)                          |
|                                                                       |
| Thermal Stability                                                     |
|                                                                       |
| Fuel Injector Cleanliness                                             |
+-----------------------------------------------------------------------+

Or

+-----------------------------------------------------------------------+
| **Premium Diesel Fuel**                                               |
|                                                                       |
| Cetane Number, 47.0 min                                               |
|                                                                       |
| Low Temperature Operability (Oct.-Mar., LTFT)                         |
|                                                                       |
| Thermal Stability                                                     |
+-----------------------------------------------------------------------+

-   The label must be conspicuously displayed on the upper‑half of the
    product dispenser front panel in a position that is clear and
    conspicuous from the drivers position.

> (Added 1998) (Amended 1999)
>
> **3.3.4. Delivery Documentation. -** Before or at the time of delivery
> of premium diesel fuel, the retailer or the wholesale
> purchaser‑consumer shall be provided on an invoice, bill of lading,
> shipping paper, or other documentation, a declaration of all
> performance properties that qualifies the fuel as premium diesel fuel
> as required in 2.2.1.
>
> (Added 1998) (Amended 1999)

**3.4. Aviation Turbine Fuels.**

> **3.4.1.** **Labeling of Grade Required.** - Aviation turbine fuels
> shall be identified by Jet A, Jet A-1, or Jet B.
>
> **3.4.2. NFPA Labeling Requirements Also Apply.** - Each dispenser or
> airport fuel truck dispensing aviation turbine fuels shall be labeled
> in accordance with the most recent edition of National Fire Protection
> Association NFPA 407, \"Standard for Aircraft Fuel Servicing.\" NFPA
> 407, 1990 Edition: Section 2‑3.18 Product Identification Signs. Each
> aircraft fuel servicing vehicle shall have a sign on each side and the
> rear to indicate the product. The sign shall have letters at least 3
> in (75 mm) high of color sharply contrasting with its background for
> visibility. It shall show the word \"FLAMMABLE\" and the name of the
> product carried, such as \"JET A,\" \"JET B,\" \"GASOLINE,\" or
> \"AVGAS.\" (**Note**: Refer to the most recent edition.)

**3.5. Aviation Gasoline.**

> **3.5.1.** **Labeling of Grade Required.** - Aviation gasoline shall
> be identified by Grade 80, Grade 100, or Grade 100LL.
>
> **3.5.2. NFPA Labeling Requirements Also Apply.** - Each dispenser or
> airport fuel truck dispensing aviation gasoline shall be labeled in
> accordance with the most recent edition of National Fire Protection
> Association (NFPA) 407, \"Standard for Aircraft Fuel Servicing.\"
>
> NFPA 407, 1990 Edition: Section 2‑3.18 Product Identification Signs.
> Each aircraft fuel servicing vehicle shall have a sign on each side
> and the rear to indicate the product. The sign shall have letters at
> least 3 in (75 mm) high of color sharply contrasting with its
> background for visibility. It shall show the word \"FLAMMABLE\" and
> the name of the product carried, such as \"JET A,\" \"JET B,\"
> \"GASOLINE,\" or \"AVGAS.\" (NOTE: Refer to the most recent edition.)

**3.6. Fuel Oils.**

> **3.6.1. Labeling of Grade Required.** - Fuel Oil shall be identified
> by the grades of No. 1, No. 2, No. 4 (Light), No. 4, No. 5 (Light),
> No. 5 (Heavy), or No. 6.

**3.7. Kerosene (Kerosine).**

> **3.7.1. Labeling of Grade Required.** - Kerosene shall be identified
> by the grades No. 1-K or No. 2-K.
>
> **3.7.2. Additional Labeling Requirements.** - Each retail dispenser
> of kerosene shall be labeled as 1-K Kerosene or 2-K. In addition, No.
> 2-K dispensers shall display the following legend:
>
> **3.7.2.1.** \"Warning - Not Suitable For Use In Unvented Heaters
> Requiring No. 1-K.\"
>
> **3.7.2.2.** The lettering of this legend shall not be less than 12.7
> mm (1/16 in) in height by 1.5 mm (1/16 in) strokes; block style
> letters and the color of lettering shall be in definite contrast to
> the background color to which it is applied.

**3.8. Fuel Ethanol.**

> **3.8.1. How to Identify Fuel Ethanol.** - Fuel ethanol shall be
> identified by the capital letter E followed by the numerical value
> volume percentage. (Example: E85)
>
> **3.8.2. Retail Dispenser Labeling.** - Each retail dispenser of fuel
> ethanol shall be labeled with the capital letter E followed by the
> numerical value volume percent denatured ethanol and ending with the
> word \"ethanol.\" (Example: E85 Ethanol)
>
> **3.8.3. Additional Labeling Requirements.** - Fuel ethanol shall be
> labeled with its automotive fuel rating in accordance with 16 CFR Part
> 306.

**3.9. Fuel Methanol.**

> **3.9.1. How Fuel Methanol is to Be Identified.** - Fuel methanol
> shall be identified by the capital letter M followed by the numerical
> value volume percentage of methanol. (Example: M85)
>
> **3.9.2. Retail Dispenser Labeling.** - Each retail dispenser of fuel
> methanol shall be labeled by the capital letter M followed by the
> numerical value volume percent and ending with the word \"methanol.\"
> (Example: M85 Methanol)
>
> **3.9.3. Additional Labeling Requirements.** - Fuel methanol shall be
> labeled with its automotive fuel rating in accordance with 16 CFR Part
> 306.

**3.10. Liquefied Petroleum (LP) Gas.**

> **3.10.1. How LPG is to Be Identified.** - Liquefied petroleum gases
> shall be identified by grades Commercial Propane, Commercial Butane,
> Commercial PB Mixtures or Special-Duty Propane (HD5).
>
> **3.10.2. Retail Dispenser Labeling.** - Each retail dispenser of
> liquefied Petroleum gases shall be labeled as \"Commercial Propane,\"
> \"Commercial Butane,\" \"Commercial PB Mixtures,\" or \"Special-Duty
> Propane (HD5).\"
>
> **3.10.3. Additional Labeling Requirements.** - Liquefied Petroleum
> Gas shall be labeled with its automotive fuel rating in accordance
> with 16 CFR Part 306.
>
> **3.10.4.** NFPA Labeling Requirements also apply. (Refer to the most
> recent edition of NFPA 58.)

**3.11. Compressed Natural Gas.**

> **3.11.1. How Compressed Natural Gas Is to Be Identified.** - For the
> purposes of this regulation, compressed natural gas shall be
> identified by the term \"Compressed Natural Gas\" or \"CNG.\"
>
> **3.11.2.** **Retail Sales of Compressed Natural Gas Sold as a Vehicle
> Fuel.**
>
> **3.11.2.1. Method of Retail Sale.** - All compressed natural gas
> kept, offered, or exposed for sale and sold at retail as a vehicle
> fuel shall be in terms of the gasoline liter equivalent (GLE) or
> gasoline gallon equivalent (GGE).
>
> **3.11.2.2. Retail Dispenser Labeling**.
>
> **3.11.2.2.1. Identification of Product.** - Each retail dispenser of
> compressed natural gas shall be labeled as \"Compressed Natural Gas.\"
>
> **3.11.2.2.2. Conversion Factor.** - All retail compressed natural gas
> dispensers shall be labeled with the conversion factor in terms of
> kilograms or pounds. The label shall be permanently and conspicuously
> displayed on the face of the dispenser and shall have either the
> statement \"1 Gasoline Liter Equivalent (GLE) is equal to 0.678 kg of
> Natural Gas\" or \"1 Gasoline Gallon Equivalent (GGE) is equal to
> 5.660 lb of Natural Gas\" consistent with the method of sale used.
>
> **3.11.2.2.3. Pressure.** - CNG is dispensed into vehicle fuel
> containers with working pressures of 16 574 kPa, 20 684 kPa, or
> 24 821 kPa. The dispenser shall be labeled 16 574 kPa, 20 684 kPa, or
> 24 821 kPa corresponding to the pressure of the CNG dispensed by each
> fueling hose.
>
> **3.11.2.2.4. NFPA Labeling.** - NFPA Labeling requirements also
> apply. (Refer to NFPA 52.)
>
> **3.11.3. Nozzle Requirements for CNG.** - CNG fueling nozzles shall
> comply with ANSI/AGA/CGA NGV 1.

**3.12. Liquefied Natural Gas.**

> **3.12.1. How Liquefied Natural Gas Is to Be Identified.** - For the
> purposes of this regulation, liquefied natural gas shall be identified
> by the term \"Liquefied Natural Gas\" or \"LNG.\"
>
> **3.12.2. Labeling of Retail Dispensers of Liquefied Natural Gas Sold
> as a Vehicle Fuel.**
>
> **3.12.2.1. Identification of Product.** - Each retail dispenser of
> liquefied natural gas shall be labeled as \"Liquefied Natural Gas.\"
>
> **3.12.2.2. Automotive Fuel Rating.** - LNG automotive fuel shall be
> labeled with its automotive fuel rating in accordance with 16 CFR Part
> 306.
>
> **3.12.2.3. NFPA Labeling.** - NFPA Labeling requirements also apply.
> (Refer to NFPA 57.)

[**3.13. Oil.** - **Each label for recreational motor oil and vehicle
motor oil shall contain the viscosity grade classification preceded by
the letters "SAE" in accordance with the SAE International's latest
version of SAE J300 and its intended use.**]{.underline}

[**Each label for gear oil shall contain the viscosity grade
classification preceded by the letters "SAE" in accordance with the SAE
International's latest version of SAE J306** **or SAE
J300.**]{.underline}

**[(Exception: Some automotive equipment manufacturers may not
necessarily specify an "SAE" viscosity grade requirement for some
applications. Gear oils intended to be used only in such application are
not required to contain an "SAE Viscosity Grade" on their
labels.)]{.underline}**

**[The label on each container of vehicle motor oil shall contain the
engine service categories met in letters not less than one-eighth inch
(3.18 mm) in height, as defined by the latest version of SAE J183 or API
Publication 1509, Engine Oil Licensing and Certification
System.]{.underline}**

**[The label of each container of gear oil shall contain the service
categories met in letters not less than one-eighth inch (3.18 mm) in
height, as defined by the latest version of SAE J308.]{.underline}**

**[Each container of engine vehicle motor oil with a volume of one
gallon or less that does not meet an active service category, as defined
by the latest version of SAE J183, shall bear a plainly visible
cautionary statement in compliance with SAE J183, Appendix A, for
obsolete API oil categories.]{.underline}**

[**3.14. Automatic Transmission Fluid** - **Automatic transmission fluid
shall be deemed to be mislabeled if any of the following
occurs:**]{.underline}

> **[(a) The container does not bear a label on which is printed the
> brand name, the name and place of business of the manufacturer,
> packer, seller, or distributor, the words \"Automatic Transmission
> Fluid\", and the duty type classification.]{.underline}**
>
> **(b) [The container does not bear a label on which is printed an
> accurate statement of the quantity of the contents in terms of liquid
> measure.]{.underline}**
>
> **[(c) The labeling on the container is false or
> misleading.]{.underline}**
>
> [**3.14.1. DOCUMENTATION OF CLAIMS MADE UPON PRODUCTS\' LABEL** -
> **Any manufacturer or packager of any product subject to this article
> and sold in this State shall provide, upon request to duly authorized
> representatives of the director, documentation of any claim made upon
> their products\' label.**]{.underline}

**Section 4. Retail Storage Tanks**

**4.1. Water in Gasoline-Alcohol Blends, Aviation Gas, and Aviation
Turbine Fuel.** - No water phase greater than 6 mm (1/4 in) as
determined by an appropriate detection paste, is allowed to accumulate
in any tank utilized in the storage of gasoline-alcohol blend, aviation
gasoline, and aviation turbine fuel.

**4.2. Water in Gasoline, Diesel, Gasoline-Ether, and Other Fuels.** -
Water shall not exceed 50 mm (2 in) in depth when measured with water
indicating paste in any tank utilized in the storage of biodiesel,
diesel, gasoline, gasoline-ether blends, and kerosene sold at retail
except as required in section 4.1.

**4.3. Product Storage Identification.**

> **4.3.1. Fill Connection Labeling.** - The fill connection for any
> petroleum product storage tank or vessel supplying engine-fuel devices
> shall be permanently, plainly, and visibly marked as to the product
> contained.
>
> **4.3.2. Declaration of Meaning of Color Code.** - When the fill
> connection device is marked by means of a color code, the color code
> shall be conspicuously displayed at the place of business.

**4.4. Volume of Product Information.** - Each retail location shall
maintain on file a calibration chart or other means of determining the
volume of each regulated product in each storage tank and the total
capacity of such storage tank(s). This information shall be supplied
immediately to the Director.

**Section 5. Condemned Product**

**5.1. Stop Sale Order at Retail**. - A stop sale order may be issued to
retail establishment dealers for fuels failing to meet specifications or
when a condition exists that causes product degradation. A release from
a Stop Sale order will be awarded only after final disposition has been
agreed upon by the director. Confirmation of disposition shall be
submitted in writing on form(s) provided by the Director and contain an
explanation for the fuels\' failure to meet specifications. Upon
discovery of fuels failing to meet specifications, meter readings and
physical inventory shall be taken and reported in confirmation for
disposition. Specific variations or exemptions may be made for fuels
designed for special equipment or services and for which it can be
demonstrated that the distribution will be restricted to those uses.

**5.2. Stop Sale Order at Terminal or Bulk Plant Facility.** - A stop
sale order may be issued when products maintained at terminals or bulk
plant facilities fail to meet specifications or when a condition exists
that may cause product degradation. The terminal or bulk storage plant
shall immediately notify all customers that received those product(s)
and make any arrangements necessary to replace or adjust to
specifications those product(s). A release from a Stop Sale order will
be awarded only after final disposition has been agreed upon by the
Director. Confirmation of disposition of products shall be made
available in writing to the Director. Specific variations or exemptions
may be made for fuels used for blending purposes or designed for special
equipment or services and for which it can be demonstrated that the
distribution will be restricted to those uses.

**Section 6. Product Registration**

**6.1. Engine Fuels Designed for Special Use.** - All engine fuels
designed for special use that do not meet ASTM specifications or
standards addressed in Section 2 shall be registered with the director
on forms prescribed by the director 30 days prior to when the registrant
wishes to engage in sales. The registration form shall include all of
the following information:

> **6.1.1.** Business name and address(es).
>
> **6.1.2.** Mailing address if different than business address.
>
> **6.1.3.** Type of ownership of the distributor or retail dealer, such
> as an individual, partnership, association, trust, corporation, or any
> other legal entity or combination thereof.
>
> **6.1.4.** An authorized signature, title, and date for each
> registration.
>
> **6.1.5.** Product brand name and product description.
>
> **6.1.6.** A product specification sheet shall be attached.

**6.2.** Registration is subject to annual renewal.

**6.3.** Re-registration is required 30 days prior to any changes in
Section 6.1.

**6.4.** The director may decline to register any product which actually
or by implication would deceive or tend to deceive a purchaser as to the
identity or the quality of the engine fuel.

**6.5.** The registration is not transferable.

**Section 7. Test Methods and Reproducibility Limits**

**7.1.** ASTM Standard Test Methods referenced for use within the
applicable Standard Specification shall be used to determine the
specification values for enforcement purposes.

> **7.1.1. Premium Diesel. -** The following test methods shall be used
> to determine compliance with the applicable premium diesel parameters:
>
> \(a\) Energy Content ‑ ASTM D 240
>
> \(b\) Cetane Number ‑ ASTM D 613
>
> \(c\) Low Temperature Operability ‑ ASTM D 4539 or ASTM D 2500
> (according to marketing claim)
>
> \(d\) Thermal Stability ‑ ~~Octel America F21‑61 (180 minutes, 150
> EC)~~ **[ASTM D 6468.]{.underline}**
>
> \(e\) \*Fuel Injector Cleanliness. - The most recent edition of the
> Cummins L‑10 Injector Depositing Test as endorsed by the ASTM L-10
> Injector Depositing Test Surveillance Panel.
>
> \*Upon ASTM approval of [a]{.underline} standard test method~~s~~ that
> ~~are~~ **[is]{.underline}** derived from the above referenced
> method~~s~~, the ASTM standard test method~~s~~ shall be used to
> determine compliance with the applicable premium diesel parameter.
>
> (Amended 1999)

**7.2. Reproducibility Limits.**

> **7.2.1. AKI Limits.** - When determining the antiknock index (AKI)
> acceptance or rejection of a gasoline sample, the AKI reproducibility
> limits as outlined in ASTM D 4814 Appendix X1 shall be acknowledged
> for enforcement purposes.
>
> **7.2.2.** **Reproducibility.** - The reproducibility limits of the
> ASTM standard test method used for each test performed shall be
> acknowledged for enforcement purposes, except as indicated in 7.2.1.
>
> **7.2.3. Dispute Resolution. -** In the event of a dispute over a
> reported test value, the guidelines presented in the most recent
> version of ASTM D 3244, "Standard Practice for Utilization of Test
> Data to Determine Conformance with Specifications," shall be used to
> determine the acceptance or rejection of the sample.

[^1]: ^^D. Johannes, California, Chairman

    V. Dempsey, Montgomery County, Ohio

    E. Price, Texas

    J. Gomez, New Mexico

    J. Cassidy, Cambridge, Massachusetts

    Associate Membership Committee Representative: C. Guay, Procter &
    Gamble Company

    Petroleum Subcommittee: Randy Jennings, Tennessee, Chairman

    Canadian Technical Advisors: B. Lemon and D. Hutchinson

    NIST Technical Advisors: T. Coleman and K. Dresser

    NIST Technical Advisor on the Uniform Regulation for National Type
    Evaluation: S. Cook

    **Committee on Laws and Regulations**