Interim Report of the

**Laws and Regulations** **Committee**

Dennis Johannes

Chairman

California Division of Measurement Standards

Reference

Key Number

# 200 INTRODUCTION

The Committee on Laws and Regulations (hereinafter referred to as
\"Committee\") submits its Interim Report for consideration by the
National Conference on Weights and Measures (NCWM). This report contains
the items discussed and actions proposed by the Committee during its
Interim Meeting in Bethesda, Maryland, January 25 - 28, 2004.

Table A identifies the agenda items in the Report by Reference Key
Number, Item Title, and Page Number. The item numbers are those assigned
in the Interim Meeting Agenda. A voting item is indicated with a **"V"**
after the item number. An item marked with an **"I"** after the
reference key number is an information item. An item marked with a
**"D"** after the key number is a developing issue. The developing
designation indicates an item has merit; however, the item is returned
to the submitter for further development before any action can be taken
at the national level. An item marked with a **"W"** was withdrawn by
the Committee. An item marked with a **"W"** generally will be referred
to the regional weights and measures associations because it either
needs additional development, analysis, and input or does not have
sufficient Committee support to bring it before the NCWM.

This Report contains many recommendations to revise or amend National
Institute of Standards and Technology (NIST) 130 (HB-130), 2004 Edition,
"Uniform Laws and Regulations" and/or Handbook 133 (HB-133), 2003
Edition, "Checking the Net Contents of Packaged Goods." Proposed
revisions to the handbook(s) are shown in **bold face print** by
**~~striking out~~** information to be deleted, and
**[underlining]{.underline}** information to be added. "SI" means the
International System of Units. "FPLA" means the Fair Packaging and
Labeling Act. The section mark, "§," is used in most references in the
text and is followed by the section number and title, (for example, §
1.2. Weight.) When used in this report, the term "weight" means "mass."

**Note:** The policy of NIST is to use metric units of measurement in
all of its publications; however, recommendations received by the NCWM
technical committees have been printed in this publication as they were
submitted and may, therefore, contain references to inch-pound units.

**Table A**

**Index to Reference Key Items**

**Reference**

**Key Number Title of Item Page**

200 [INTRODUCTION](#introduction) 1

[**231 PACKAGING AND LABELING REGULATION
3**](#packaging-and-labeling-regulation)

[231-1 I Amend § 6.5.1. Symbols 3](#i-amend-6.5.1.-symbols)

[232 METHOD OF SALE REGULATION 3](#method-of-sale-regulation)

[232-1 I Amend § 1.12. Ready-to-Eat Food
3](#i-amend-1.12.-ready-to-eat-food)

[232-2 W Stored Tare Weights 4](#w-stored-tare-weights)

[232-3 W Scaling Methods for Trees, Sawlogs & Veneer Logs
4](#w-scaling-methods-for-trees-sawlogs-veneer-logs)

[232-4 D Temperature Compensation for Petroleum Products
5](#d-temperature-compensation-for-petroleum-products)

[232-5 W Cooking Oils 6](#w-cooking-oils)

[236 UNIFORM NATIONAL TYPE EVALUATION REGULATION
7](#uniform-national-type-evaluation-regulation)

[236-1 V Amend §§ 2.1. Active Certificate of Conformance, 2.2. Device,
and 3. Certificate of Conformance
7](#v-amend-2.1.-active-certificate-of-conformance-2.2.-device-and-3.-certificate-of-conformance)

[237 ENGINE FUELS, PETROLEUM PRODUCTS, AND AUTOMOTIVE LUBRICANTS\
REGULATION
8](#engine-fuels-petroleum-products-and-automotive-lubricants-regulation)

[237-1 W Petroleum Subcommittee Agenda Items
8](#w-petroleum-subcommittee-agenda-items)

[237-2 V Engine Fuels, Petroleum Products, and Automotive Lubricants
Regulation
8](#v-engine-fuels-petroleum-products-and-automotive-lubricants-regulation)

[237-3 V Biodiesel Fuel 8](#v-biodiesel-fuel)

[237-4 W E diesel 11](#w-e-diesel)

[237-5 W Nozzle Requirements for Diesel Fuel
11](#w-nozzle-requirements-for-diesel-fuel)

[240 EXAMINATION PROCEDURE FOR PRICE VERIFICATION
12](#examination-procedure-for-price-verification)

[240-1 W Amend § 6.2 Other 12](#w-amend-6.2-other)

[260 NIST HANDBOOK 133, CHECKING THE NET CONTENTS OF PACKAGED GOODS
12](#nist-handbook-133-checking-the-net-contents-of-packaged-goods)

[260-1 I Edit MAV Tables 2-5, 2-6, 2-8, and 2-10
12](#i-edit-mav-tables-2-5-2-6-2-8-and-2-10)

[260-2 W Amend § 1.2, Package Requirements
13](#w-amend-1.2-package-requirements)

[260-3 W Amend § 2.3 Basic Test Procedure
15](#w-amend-2.3-basic-test-procedure)

[260-4 I Amend § 2.3 Basic Test Procedure, and Table 2-5
17](#i-amend-2.3-basic-test-procedure-and-table-2-5)

[260-5 I Amend § 3.2 Gravimetric Test Procedure for Liquids
17](#i-amend-3.2-gravimetric-test-procedure-for-liquids)

[260-6 I Amend § 3.11 and MAV Table 2-10
18](#i-amend-3.11-and-mav-table-2-10)

[270 OTHER ITEMS 18](#other-items)

[270-1 W Enhanced Product -- USDA/FSIS Meat and Poultry Products
18](#w-enhanced-product-usdafsis-meat-and-poultry-products)

**Table B**

**Appendices**

**Appendix Title Page**

[A Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants
Regulation A1](#Appendix_A)

[B Recommendations for 260-1, Handbook 133 Edit Appendix A. Tables
B1](#Appendix_B)

[C Summary of Written Comments Received for 232-3 C1](#Appendix_C)

**Details of All Items**

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

###### 231 PACKAGING AND LABELING REGULATION

####### 231-1 I Amend § 6.5.1. Symbols

**Source:** NIST Weights and Measures Division

**Recommendation:** The Committee will grant NIST editorial privileges
to amend the list of allowed symbols for the quantity statement on a
package or commodity by adding the following:

> **6.5.1. Symbols.** - Any of the following symbols for SI units, and
> none other, may be employed in the quantity statement on a package or
> commodity:
>
> centimeter cm cubic meter m^3^
>
> cubic centimeter cm^3^ kilogram kg
>
> meter m gram g
>
> milligram mg millimeter mm
>
> liter L or l square meter m^2^
>
> milliliter mL or ml cubic decimeter dm^3^
>
> square centimeter cm^2^ square decimeter dm^2^
>
> micrometer µm **[microgram]{.underline} [µg or mcg]{.underline}**

**Discussion:** The Food and Drug Administration (FDA) has recently
permitted the use of the symbol "mc," in addition to the traditional
symbol "µ," for the word "micro" on packages labeled by weight. This
change came about because of difficulties the pharmaceutical industry
was experiencing with fitting the symbol "µ" on their labels. The symbol
"µ" requires additional height that the extremely small labels found on
some prescription drugs cannot accommodate. The symbol "mc" is intended
to give manufacturers another option for their quantity declaration.
Although there are very few commodities regulated by the weights and
measures community that would be affected by this change, it will be
revised so that State and local weights and measures regulations remain
consistent with Federal packaging and labeling practices. The Committee
considers this an editorial change.

The Committee's technical advisors from Canada informed the Committee
that the symbol "mc" for microgram is not recognized in Canada, and will
cause some difficulties for companies wanting to market products with
this symbol.

###### 232 METHOD OF SALE REGULATION

####### 232-1 I Amend § 1.12. Ready-to-Eat Food

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

**Recommendation:** The Committee will grant NIST editorial privileges
to amend the definition of "Ready-to-Eat Food" found in § 1.12.1. of the
Method of Sale Regulation in Handbook 130 by adding the following note:

> **[Note: The sale of an individual piece of fresh fruit (like a
> banana, apple, or orange) is allowed by count.]{.underline}**

**Discussion:** One state department of weights and measures recently
expressed confusion about whether the definition of "Ready-to-Eat Food"
allows single bananas to be sold by count at establishments like
cafeterias and convenience stores where the sale of single produce
commodities like bananas, apples, and oranges are common. Amending the
definition of "Ready-to-Eat Food" to clarify that individual servings of
fresh and immediately edible produce, like fresh fruit, falls under the
scope of this definition would assist certain States in interpreting the
guidelines. Reasons for this change include: (1) The sale of individual
pieces of fresh fruit by count in establishments should be an acceptable
practice. It does not mislead consumers; consumers can see, evaluate,
and compare a single banana, apple, orange, etc., and determine its
acceptability prior to purchase. (2) According to U.S. government
statistics, over half of adults in America are overweight or obese --
and today, obesity in children is rapidly becoming a major health
crisis. State governments should be promoting the consumption of
nutritious products like fresh fruit, and weights and measures can play
a role to ensure that such healthy food choices are available to
consumers by amending the method of sale guidelines that make these
beneficial foods readily and conveniently available. The Committee
believes that this practice is already allowed in most States. The
Committee considers this an editorial change.

####### 232-2 W Stored Tare Weights

**Source:** Southern Weights and Measures Association (SWMA) (see item
232-3 in the Report of the 85th NCWM Annual Meeting, 2000)

**Discussion**: The Committee reviewed the following proposal to add
language to the Handbook 130, Method of Sale Regulation:

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}

This item was first introduced because stored vehicle tare weights have
often been found to be incorrect. Errors found in initial vehicle tare
weight surveys ranged from 8900 pounds under, to 2680 pounds over. A
load of sand or gravel priced at \$5.50 per ton and with a tare error of
750 pounds would result in a monetary error of \$2.06 per weighment. If
this error were to occur on four transactions each day for 240 working
days, the result would be a monetary error of more than \$1,977 for the
year. Since the practice of using stored tare is common in other types
of businesses (e.g., landfills and asphalt plants) where prices per ton
may be as high as \$70, a tare error of 750 pounds in these applications
could equal a monetary error of \$26 per weighment, or \$24,960 per
year.

Since 1999 the Committee has reworked and reworded this item several
times. The proposal was voted on by the NCWM in both 2002 and 2003, and
failed to pass on either occasion. Objections raised against this
proposal focused on two concerns: (1) how to enforce it (most
jurisdictions do not have resources to spend on checking stored tare
weights for accuracy); and (2) the appropriateness of the "nearest scale
division" requirement in § 3.5.1. (Is this a tolerance above and beyond
the tolerance for the device? Is one scale division sufficient to allow
for changes in the amount of fuel in the gas tank of the vehicle, for
changes in drivers, etc?) While the Committee acknowledges that
incorrect stored tare weights can be a problem, the Committee believes
that problems with stored tare can be adequately addressed through the
enforcement of net weight. The Committee has withdrawn this item.

####### 232-3 W Scaling Methods for Trees, Sawlogs & Veneer Logs

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

**Discussion**: The Committee reviewed the following proposal to amend
the Method of Sale Regulation in Handbook 130 by adding:

> [2.xx. Trees, Sawlogs & Veneer Logs -- Scaling Methods. The
> requirements of this section provide for unbiased and consistent
> estimates of timber volumes offered for sale across regions and for
> different timber types.]{.underline}
>
> [2.xx.1. Definitions]{.underline}

a.  [Tree: Woody plant having one erect perennial stem or trunk at least
    3 inches (7.5 cm) in diameter at breast height (dbh).]{.underline}

b.  [Sawlog: A roundwood product of a tree, usually 8 feet (2.4 m) in
    length or longer, processed into a variety of sawn products such as
    lumber, ties, cants, and timbers.]{.underline}

c.  [Veneer Log: A roundwood product of a tree, usually 8 feet (2.4 m)
    in length or longer, either rotary cut, sliced, or sawn into a
    variety of veneer products such as plywood, panels, and
    veneer.]{.underline}

d.  [Firmwood: The content of a tree or log that is sound.]{.underline}

> [2.xx.2. Quantity. - Representations for trees and logs shall be in
> terms of cubic foot (or cubic meter) representing the net firmwood
> content of a saw or veneer log. It is obtained from such a log's two
> end diameters (inside the bark) and its gross length using Smalian's
> formula (with appropriate deductions for rot, holes, char, and missing
> wood):]{.underline}
>
> [Volume = Length (Area of small end + Area of large end)]{.underline}
>
> [2]{.underline}

In response to allegations of volume and value inaccuracy, the Committee
contacted the USDA Forest Service, state foresters around the country,
as well as several lumber and timber industry associations asking for
comments and feedback on this item. The comments received were
overwhelmingly opposed to this proposal. Letters and e-mails received by
the Committee were tallied, and over 170 industry members, the USDA
Forest Service, and numerous state foresters opposed the proposal; the
Committee received only 5 letters in support of this item. The Committee
feels that, while method of sale issues generally fall within the realm
of weights and measures enforcement, this proposal would mandate a
method of sale in an industry where other State and Federal agencies
have primary jurisdiction. Consultation with the experts in the field of
timber and lumber led the Committee to conclude that this regulation was
not advisable (a summary of these responses can be found in Appendix C).
The Committee has withdrawn this item.

**Background:** The following explanation was provided with the original
proposal as justification for the recommended change. The U.S. generally
uses traditional product yield-based board-foot scales to measure trees.
These scales were developed in the 19^th^ century according to
practices, technologies, and tree sizes prevalent at that time. Since
the 19^th^ century, our forests have transitioned to a second growth
(smaller diameter) resource, and these antiquated scales have become
grossly inaccurate in estimating true yield potential. To compound the
matter, different States and regions of the country use different
board-foot scales to estimate yield. Making volume and value comparisons
across regions is extremely difficult without a standard tree/log
scaling system. The various current scales based on board feet contain
biases for longer length and smaller diameter logs that distort volume
estimates of such logs.

####### 232-4 D Temperature Compensation for Petroleum Products

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

**Recommendation**: Amend the Method of Sale Regulation in Handbook 130
by adding the following:

> **[2.20.X. Petroleum Products. - Where not in conflict with other
> statutes or regulations, petroleum products delivered through a
> vehicle-tank meter or stationary meter shall be sold with the volume
> adjusted to compensate for temperature. When petroleum products are
> sold temperature compensated:]{.underline}**

(1) **[all sales shall be in terms of liters or U.S. gallons at 15 ºC
    (60 ºF);]{.underline}**

(2) **[the temperature compensation shall be accomplished through
    adjustable automatic means.]{.underline}**

(3) **[the primary indicating elements, recording elements, and all
    recorded representations (receipts, invoices, bills of lading, etc)
    shall be clearly and conspicuously marked to show that the volume
    delivered has been adjusted to the volume at 15 ºC (60
    ºF);]{.underline}**

> **(4) all sales by the same company over at least a consecutive
> 12-month period must be sold temperature compensated (i.e., a company
> cannot choose to operate some devices with automatic temperature
> compensators and others without; nor can a company choose to engage a
> device's temperature compensator only during certain times of the
> year).**

**Discussion:** Selling fuel by adjusting the volume to 15 ºC (60 ºF)
throughout the distribution system is the most equitable way that fuel
can be sold without the buyer or seller gaining a competitive advantage.
By allowing a distributor to buy product on gross volume at the
wholesale level and sell it by net gallons retail, where he can
manipulate the method of sale depending on the time of year, is not
equitable. A single method of sale should be required so that a
prospective customer can make a value comparison. There is no practical
way the average customer can make a value comparison when some locations
sell product temperature compensated and other locations sell
un-compensated.

This item is being considered in conjunction with a temperature
compensation item that is before the Specifications and Tolerances (S&T)
Committee (item 331-1), although it is important to note that the S&T
Committee's item is limited to Vehicle-Tank Meters. The Committee
believes that this is an important issue that should be given careful
consideration, and that this item needs to be discussed with parties
that may be affected by its adoption. Therefore, the Committee has
decided to make this item developmental.

The Northeast Weights and Measures Association (NEWMA) made a similar
proposal in 2000 that mirrored a temperature-compensation item that was
before the S&T Committee at the time. In 2000 NEWMA noted that
Pennsylvania, New Hampshire, Maine, and Canada permitted temperature
compensation in sales of products like home heating fuel and retail
gasoline. In 2001 the Committee withdrew this item after hearing
testimony from several jurisdictions that opposed it.

####### 232-5 W Cooking Oils

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

**Discussion:** The Committee reviewed the following proposal to add
language to the Handbook 130, Method of Sale Regulation:

> [1.xx. Cooking Oils. - All cooking oils shall be sold by liquid
> measure.]{.underline}

Historically, larger containers of oil were packaged primarily for
institutional use and were often labeled by weight. Smaller packages for
consumer use were labeled by liquid volume. But with the recent increase
in popularity of turkey fryers that are designed to fry whole turkeys in
cooking oil, large containers of cooking oils have begun appearing in
the retail market as well. Some manufacturers label these containers by
weight (i.e., 35 lb \[15.8 kg\] or 50 lb \[22.6 kg\]). These conflicting
methods of sale frustrate consumers\' ability to make value and price
comparisons.

The Committee heard oral, and received written, testimony from industry
members who opposed this item. Industry members testified that while
historically smaller volumes of cooking oil have been sold by liquid
measure, larger volumes have always been sold by weight. Industry
members asserted that requiring liquid measure as the method of sale for
all cooking oils would place a tremendous burden on industrial and
institutional users who expect and need this product to be sold by
weight.

The Committee believes that changes in the marketplace, not changes in
industry practices, have brought this issue to the forefront. Prior to
the proliferation of turkey fryers there was little, if any, demand for
large quantities of cooking oil in the retail marketplace. Due to new
consumer demands, products that were historically only sold for
institutional or industrial use have found their way into the retail
market. The Committee noted that the traditional method of sale for
large volumes of cooking oil is by weight.

Research into the turkey fryer market demonstrated that most fryers have
a capacity of 7 gallons (26.4 L) or less, which means that it would be
unlikely for more than 5 gallons (18.9 L) of oil to be required for
cooking. The Committee considered whether or not it would be feasible to
require liquid measure as the method of sale for smaller quantities
(e.g., 5 gallons \[18.9 L\] or less). The problem with requiring
packages of "5 gallons (18.9 L) or less" to be sold by liquid volume was
that it includes the 35 lb (15.8 kg) and 50 lb (22.6 kg) packages of
oil, two very popular sizes for institutional use. Institutions need
cooking oil to be sold by weight because they have no means by which to
measure out large quantities of oil by volume for their recipes. While a
hospital or nursing home can easily place a container on a scale to
measure a quantity, they cannot easily measure that same quantity by
volume.

The Committee also considered requiring combination declarations (i.e.,
both weight and volume) on cooking oils. Handbook 130 allows combination
declarations on packages when a single declaration alone is not
sufficiently informative. The Committee rejected this idea because: (1)
the issue is not whether or not the quantity declaration is fully
informative; both weight and volume are fully informative on their own,
(2) there was no reason to require a weight declaration on normal
retail-sized packages of cooking oil; to implement such a requirement
would place an undue burden on manufacturers and packers, and (3) if a
combination declaration is required, a manufacturer or packer must meet
both declarations; again, to implement such a requirement would place an
additional burden on manufacturers and packers.

Finally, the Committee considered requiring "packaged cooking oils sold
at retail" to be sold by volume. The Committee rejected this idea
because it did not believe that a manufacturer or packer would
necessarily know, at the time of packaging the product, whether it would
be destined for retail or institutional sale. []{.mark}

The Committee believes that the retail market for large quantities of
cooking oil is relatively small and does not believe that most consumers
will be doing cost comparisons between large containers of oil sold at a
membership club by weight, and small packages of oil sold at a grocery
store by volume. The Committee does not consider it appropriate to
change an entire, established industry for the convenience of a very
small number of specialized retail consumers. The Committee recommends
that cooking oil manufacturers and packers include supplemental quantity
declarations in liquid volume on any package of cooking oil that may end
up in the retail marketplace. The Committee has withdrawn this item.

###### 236 UNIFORM NATIONAL TYPE EVALUATION REGULATION

####### 236-1 V Amend §§ 2.1. Active Certificate of Conformance, 2.2. Device, and 3. Certificate of Conformance

**Source:** Northeast Weights and Measures Association (NEWMA).

**Recommendation:** Amend §§ 2.1 Active Certificate of Conformance, 2.2
Device, and 3. Certificate of Conformance of the Uniform National Type
Evaluation Regulation in Handbook 130 as follows:

> **2.1. Active Certificate of Conformance.** - A document issued based
> on testing by a Participating Laboratory, which the certificate
> **~~owner~~ [holder]{.underline}** maintains in active status under
> the National Type Evaluation Program (NTEP). The document constitutes
> evidence of conformance of a type with the requirements of this
> document and the NIST Handbooks 44, 105-1, 105-2, or 105-3. By
> maintaining the Certificate in active status, the Certificate
> **~~owner~~** **[holder]{.underline}** declares the intent to continue
> to manufacture or remanufacture the device consistent with the type
> and in conformance with the applicable requirements. For manufacturers
> of grain moisture meters, maintenance of active status also involves
> annual participation in the NTEP Laboratory On-going Calibration
> Program, OCP (Phase II). A device is traceable to a Certificate of
> Conformance if**:** (a) **[it is of the same type identified on the
> Certificate; and (b)]{.underline}** it was manufactured during the
> period that the Certificate was maintained in active status.
>
> (Amended 2000, 2001**, and** **[200x]{.underline}**)
>
> **2.2. Device.** - **~~Device means any weighing and measuring
> equipment as defined in § 2.15., Commercial and Law Enforcement
> Equipment.~~** **[A piece of commercial or law enforcement equipment
> as defined in § 2.15., Commercial and Law Enforcement Equipment. A
> device may be a single unit or a combination of separate and
> compatible main elements. A device shall include, at a minimum, those
> main elements that: (a) perform the measurement; and (b) process the
> measurement signals up to the first indicated or recorded value of the
> final quantity upon which the transaction is based.]{.underline}**
>
> **[(Amended 200x)]{.underline}**
>
> **Section 3. Certificate of Conformance**
>
> The Director shall require a device to be traceable to a Certificate
> of Conformance prior to its installation or use for commercial or law
> enforcement purposes. **[If the device consists of separate and
> compatible main elements, each main element shall be traceable to a
> Certificate of Conformance. A device is traceable to a Certificate of
> Conformance if: (a) it is of the same type identified on the
> Certificate, and (b) it was manufactured during the period that the
> Certificate was maintained in active status.]{.underline}**
>
> **[(Amended 2001 and 200X)]{.underline}**

**Discussion:** The NTEP Board of Directors believes that the term
"holder" more accurately reflects the rights of a company that possesses
an NTEP Certificate of Conformance. First, NTEP retains many of the
rights traditionally associated with "ownership": NTEP issues
Certificates, and may withdraw or make them inactive if a company fails
to meet certain obligations under the Administrative Policy. Second, the
nature of the incorporation of the NCWM prevents the NCWM from
transferring things of material value. The term \"owner\" implies that
in issuing a Certificate of Conformance, the NCWM had transferred
something of value to the manufacturer. Finally, Certificates of
Conformance may be thought of as being in the public domain since their
use is not restricted, and state and local jurisdictions freely copy and
distribute them. The term \"holder\" still conveys certain important
rights and privileges, such as the ability to transfer the Certificate
and the authority to determine if a device is traceable. The Committee
believes that changing the term "owner" to "holder" in section 2.1. is
consistent with other changes implemented by NTEP.

A State has noted that language of the present NTEP Regulation may not
permit the mating of separate main elements unless the combination has a
separate Certificate. The current language in Section 3 uses the
singular form (i.e., \"a\" Certificate of Conformance), which could be
interpreted to mean that every device must have \"one\" Certificate. The
U.S. has permitted mixing and matching compatible main elements since
before the NTEP program began. The amendment to the definition of
\"device\" clarifies that a device (i.e., an entire weighing or
measuring instrument) may be a single unit or a combination of separate
main elements. The final amendment clarifies that devices or elements
must have Certificates consistent with current NTEP policies. This is
clearly stated in the NTEP Administrative Policy but does not have a
parallel statement in the regulation. The Committee believes that the
addition of language addressing devices that are composed of separate
and compatible main elements is helpful for correctly interpreting and
applying this section. The Committee has not received any comments
opposing these changes.

###### 237 ENGINE FUELS, PETROLEUM PRODUCTS, AND AUTOMOTIVE LUBRICANTS REGULATION

####### 237-1 W Petroleum Subcommittee Agenda Items

**Source:** The Petroleum Subcommittee (see item 237-3 in the Report of
the 84th NCWM Annual Meeting, 1999.)

**Discussion:** The Petroleum Subcommittee Agenda has remained on the
Committee's agenda since 1999 as a reminder of what the Subcommittee is
working on. However, the Committee has decided that the work of the
Subcommittee can be more easily and effectively maintained on the
internet and has asked NIST to post this information on the NIST
website. NIST has agreed to do this and will notify the Committee of the
URL as soon as it is available. The Committee has withdrawn this item.

####### 237-2 V Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation

**Source:** Western Weights and Measures Association (WWMA) (see item
237-2 in the Report of the 87th NCWM Annual Meeting, 2002.

**Recommendation:** Modify Handbook 130 Uniform Engine Fuels, Petroleum
Products, and Automotive Lubricants Regulation as shown in Appendix A.

**Discussion:** The title "Uniform Engine Fuels, Petroleum Products, and
Automotive Lubricants Regulation," (or EFR) implies that the document
covers lubricants. When the regulation was developed, the Subcommittee
made developing engine fuel requirements a priority, with the
understanding that in the future they would address lubricants. This
proposal provides new specifications and regulations for lubricants.

This item was originally part of the Petroleum Subcommittee's agenda,
and was broken out as a separate item after the Subcommittee prepared a
new draft of the regulation. The Committee has heard testimony from
representatives of the American Petroleum Institute (API) that they
fully support this item. The Committee has neither heard nor received
any comments opposing this item.

####### 

####### 237-3 V Biodiesel Fuel

**Source:** Central Weights and Measures Association (CWMA) (see item
237-4 in the Report of the 88th NCWM Annual Meeting, 2003)

**Recommendation:** Amend Handbook 130 Engine Fuels, Petroleum Products,
and Automotive Lubricants Regulation as follows:

> 1\. Strike § 1.8. Biodiesel:
>
> **~~1.8. Biodiesel. -- means a blend consisting of diesel fuel and a
> substantial amount of esterfied animal fats and/or vegetable
> oil(s).~~**
>
> And replace it with the definition from the American Society for
> Testing and Materials (ASTM) D 6751, Standard Specification for
> Biodiesel Fuel (B100) Blend Stock for Distillate Fuels:
>
> **[1.8. Biodiesel. - a fuel comprised of mono-alkyl esters of long
> chain fatty acids derived from vegetable oils or animal fats,
> designated B100.]{.underline}**

2.  Add the following to the definitions section and renumber that
    section as appropriate:

> **[1.X. Biodiesel Blend. - a fuel comprised of a blend of biodiesel
> fuel with petroleum-based diesel fuel, designated BXX. In the
> abbreviation BXX, the XX represents the volume percentage of biodiesel
> fuel in the blend.]{.underline}**

3.  Adopt specifications for Biodiesel and Biodiesel Blends by adding:

> **[2.15 Biodiesel - B100 biodiesel intended for blending with diesel
> fuel shall meet the most recent version of ASTM D 6751, Standard
> Specification for Biodiesel Fuel (B100) Blend Stock for Distillate
> Fuels.]{.underline}**
>
> **[2.16 Biodiesel Blends -- blends of biodiesel and diesel fuels shall
> meet the following requirements: (a) the base diesel fuel shall meet
> the most current requirements of ASTM D 975, Standard Specification
> for Diesel Fuel Oils; (b) the biodiesel blend stock shall meet the
> most current requirements of ASTM D 6751, Standard Specification for
> Biodiesel Fuel (B100) Blend Stock for Distillate Fuels; and (c) the
> final blend shall meet the most current requirements of ASTM D 975,
> Standard Specification for Diesel Fuel Oils.]{.underline}**
>
> **[2.16.1. Exception - biodiesel may be blended with diesel fuel whose
> sulfur or aromatic levels are outside Specification ASTM D 975,
> Standard Specification for Diesel Fuel Oils, Grades 1-D, low sulfur
> 1-D, 2-D, or low sulfur 2-D provided the finished mixture meets
> pertinent national and local specifications and requirements for these
> properties.]{.underline}**
>
> 4\. Adopt identification and labeling requirements by adding:
>
> **[3.15 Biodiesel]{.underline}**
>
> **[3.15.1. Identification of Product. - Biodiesel and biodiesel blends
> shall be identified by the capital letter B followed by the numerical
> value representing the volume percentage of biodiesel fuel. (Examples:
> B100; B20)]{.underline}**
>
> **[3.15.2. Labeling of Retail Dispensers of Biodiesel and Biodiesel
> Blends - Each retail dispenser of biodiesel or biodiesel blend shall
> be labeled with the capital letter B followed by the numerical value
> representing the volume percentage of biodiesel fuel and ending with
> the word 'biodiesel'. (Examples: B100 biodiesel; B20
> biodiesel)]{.underline}**
>
> **[3.15.3. Documentation for Dispenser Labeling Purposes. - The
> retailer shall be provided, at the time of delivery of the fuel, with
> a declaration of the volume percent biodiesel on an invoice, bill of
> lading, shipping paper, or other document. This documentation is for
> dispenser labeling purposes only; it is the responsibility of any
> potential blender to determine the amount of biodiesel in the diesel
> fuel prior to blending.]{.underline}**
>
> **[3.15.4. Exemption. - Biodiesel blends containing 5 % or less
> biodiesel by volume are exempted from requirements 3.15.1., 3.15.2.,
> and 3.15.3.]{.underline}**

**Discussion:** The Committee has been working on this item since 2002
and monitoring the activities of ASTM with regard to biodiesel fuels.
The Committee believes that it is absolutely necessary to change the
definition of biodiesel contained in § 1.8; the present definition is
incorrect. The Committee has decided to move forward with identification
and labeling requirements for biodiesel blends containing more than 5 %
biodiesel by volume despite ASTM's indecision on this topic. The
Committee believes that it is important for consumers to be properly
informed about what is being offered for sale so that they can make
informed purchases. By incorporating and adopting ASTM specifications D
975 and D 6751 the Committee hopes to avoid continuous updating of the
Handbook in an attempt to keep up with future developments in this area.
The Committee has been informed that ASTM is considering changing the
"Fill and Go" specifications in D 6751 to exempt biodiesel blends of 20
% or less. If this is the direction ASTM decides to go, then the
Committee may need to re-evaluate the requirements for those fuels
between 5 % and 20 % biodiesel. The Committee received comments from the
biodiesel industry that indicate, while they are not entirely happy with
this proposal, they feel it is important to move forward with some sort
of specification for these products.

**Background:** 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 10 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 their
engine company prior to use. The major questions with blends over B20
are related to costs, rubber and gasket compatibility with high blends
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 1 %, 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 5 % 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 what
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 requirements in Handbook 130 are
sufficient.

####### 237-4 W E diesel

**Source:** Central Weights and Measures Association (CWMA) (see item
237-5 in the Report of the 88th NCWM Annual Meeting, 2003)

**Discussion:** E diesel is a blend of Standard Number 2 diesel fuel
containing up to 15 % ethanol by volume. The blend may also contain
proprietary additives from 0.2 to 5.0 % by volume to maintain certain
fuel properties and blend stability. E diesel is being sold commercially
for off-road applications and is being used in several on-road
demonstration fleets. Currently there is no consensus on specifications
that E diesel must meet. There are also no labeling requirements for
retail dispensers selling E diesel.

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. The Consortium is concerned that, without a detailed
minimum specification, it could be possible to sell diesel ethanol
blends with are of insufficient quality for their intended use.

The Committee originally placed this item on its agenda pending a
recommendation from ASTM. It is the Committee's understanding that ASTM
is moving very slowly in this area, and that it may be several years
before there is a proposal for the Committee to consider. The Committee
has decided to place this item on the Petroleum Subcommittee's agenda
until there is more specific information for it to act upon. The
Committee has withdrawn this item.

####### 237-5 W Nozzle Requirements for Diesel Fuel

**Source:** Central Weights and Measures Association (CWMA) (see item
237-2 in the Report of the 82nd NCWM Annual Meeting, 1997)

**Discussion**: The Committee reviewed the following proposal to amend
the Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants
Regulation in Handbook 130 by adding:

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).

Consumers are dispensing diesel fuel into non-diesel vehicles despite
the proper labeling of retail motor fuel dispensers. The American
Automobile Manufacturer's Association (AAMA) reported that the
recommended 23.63 mm fill pipe diameter is compatible with current
diesel-powered vehicles and those on the drawing board for the future.

This proposal has been on and off the Committee's agenda for 7 years,
and was unsuccessfully voted on in both 1997 and 2003. This year the
Committee heard testimony from one State jurisdiction that not all
diesel-powered vehicles on the road can accommodate the larger nozzle
size. The Committee believes that this item does not have enough support
within the NCWM to move forward. The Committee has withdrawn this item.

###### 240 EXAMINATION PROCEDURE FOR PRICE VERIFICATION

####### 240-1 W Amend § 6.2 Other

**Source:** Western Weights and Measures Association (WWMA) (se item
239-1 in the Report of the 88th NCWM Annual Meeting, 2003)

**Discussion:** The Committee reviewed a proposal to add the following
to § 6.2 of the Examination Procedure for Price Verification in Handbook
130:

\(x\) 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.

A point-of-sale system that is attached to a weighing or measuring
device is required to have its indications positioned so they are
visible to the customer in a direct sale (NIST Handbook 44,
Specifications, Tolerances, and Other Technical Requirements for
Weighing and Measuring Devices, G‑UR.3.3.). Cash registers and computer
monitors that do not incorporate a weighing or measuring device are not
subject to this requirement. Regardless of whether or not a
point-of-sale system is attached to a weighing or measuring device,
consumers should be able to instantly confirm prices, and businesses
correct pricing errors, during the transaction. The benefit of correct
prices and time saved would help everyone involved.

The Committee was concerned that this item oversteps the authority of
many weights and measures programs. Not all programs have the statutory
authority to regulate point-of-sale systems that are not attached to a
weighing or measuring device. In addition, the Committee thought it
inappropriate to place a requirement of this nature in an examination
procedure. The Committee questioned under what authority any enforcement
action could be taken if this requirement only appeared as part of the
examination procedure. Although the Committee heard testimony that this
item was only intended to apply to retail stores, the proposal is
written so broadly that it also captures businesses like fast-food
restaurants, movie theaters, and street vendors. The Committee heard and
received testimony from several industry members, all of whom are
opposed to this item. The Committee decided that this was not a proper
addition to the examination procedure for price verification. The
Committee has withdrawn this item.

###### 260 NIST HANDBOOK 133, CHECKING THE NET CONTENTS OF PACKAGED GOODS

####### 260-1 I Edit MAV Tables 2-5, 2-6, 2-8, and 2-10

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

**Recommendation:** The Committee will grant NIST editorial privileges
to amend MAV Tables 2-5, 2-6, 2-8, and 2-10 in Handbook 130 so that the
metric values are more closely aligned with the corresponding inch-pound
unit values. The updated tables can be found in Appendix B.

**Discussion:** The inch-pound units and metric units in parts of tables
2-5, 2-6, 2-8, and 2-10 do not match. This creates instances where it is
unclear what MAV applies to a given package. All Handbook 133 documents
shall be mathematically correct on issues of weight and mass. The
Committee considers this an editorial change.

NIST informed the Committee that these tables were developed in the
1970's with the inch-pound units as the original values. The metric
counterparts were subsequently calculated based on what was then
believed to be "reasonable" package sizes. Over the course of the
ensuing 30 years, the "reasonable" package sizes envisioned in the
1970's never developed in the marketplace. Instead products are sold in
a wide variety of sizes, which makes the 1970's metric conversions in
this chart inaccurate.

####### 260-2 W Amend § 1.2, Package Requirements

**Source:** Northeastern Weights and Measures Association (NEWMA) (see
item 250-3 in the Report of the 88th NCWM Annual Meeting, 2003)

**Recommendation**: The Committee reviewed the following proposal to
amend the discussion section "Why do we allow for moisture loss or
gain?" in Handbook 133, Section 1.2, Package Requirements (page 4) as
follows:

[]{.mark}

> ![](media/image1.png){width="2.888888888888889in"
> height="1.645138888888889in"}**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}
>
> []{.mark}
>
> ![](media/image2.png){width="2.888888888888889in"
> height="1.636111111111111in"}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.

**Discussion:** One State believes that the explanations provided in
Handbook 133 pertaining to moisture loss are inadequate. In considering
this proposal, however, the Committee concluded that the reference to
the Jones vs. Rath court case is inappropriate and inaccurate. The
Committee considers the additional language provided regarding the
application of moisture loss unnecessary and confusing. NIST has agreed,
however, to review the moisture loss section of Handbook 133 to see if
it can be written more clearly. The Committee has withdrawn this item.

**Background:** The State that submitted this item provided the
following written issues and justification. These apply to both this
item and the next item (260-3: Amend § 2.3 Basic Test Procedure):

1.  What products are covered by the requirement to recognize loss/gain
    of moisture in distribution? The reference to the [Rath vs.
    Jones]{.underline} case in Chapter 1 was a stab at an answer. NEWMA
    believes this may be premature and should be removed from the item
    for the short term to help it move. However, this is a battle that
    will have to be fought somewhere in the future, since regulators get
    claims of moisture loss from diverse packers as an excuse for
    packages that fail to have labeled net weight. The claims have
    ranged from windshield washer fluid in plastic jugs to canned tomato
    sauce. Where can the official turn to get an answer if not to this
    Handbook? If the committee believes there is a better way, NEWMA
    would like some guidance.

2.  When do you apply the moisture allowance in the test process? Within
    the Handbook itself, the method is either not clear or some of the
    text is wrong. In Chapter 1 the text indicates that you must apply
    the allowance before the test (i.e., adjusting by using box 13a and
    thus lowering the NGW in box 14). In Chapter 2, the text appears
    otherwise. You are directed to add the moisture allowance to the MAV
    on page 18. You are further directed to compare the difference
    between sample average and SEL to the moisture allowance on page 19.
    Both of these instructions can only make sense if the value in box
    13a was not included in the nominal gross weight calculation in
    box 14. At the very least these sections fail to provide clear
    guidance. The proposal attempts to clarify that you can make the
    correction either before or after the nominal gross weight
    calculation and attempts to provide procedures to do that in each
    case. Taking the correction before the nominal gross weight
    calculation works great for products with established moisture
    allowances, but it is not possible to apply a correction before the
    test when dealing with other products. For these other products, you
    must do additional investigation to determine the magnitude of the
    loss and you must apply it after the field official has completed
    the testing. It may also be beneficial to do the adjustment
    afterwards for products with established moisture loss allowances.
    Since both before and after methods can provide equivalent results,
    they should both be recognized in the Handbook. The proposal does
    this in changes for both Chapters 1 and 2.

3.  Shouldn't all the established moisture allowances be listed in one
    place, rather than being listed as separate items? The proposal
    changes the question from one of how you apply the allowance for a
    specific product to one of what products have established
    allowances. This brings these all together in one section that is
    easily found by an inspector.

4.  How do you establish moisture allowances for products not in the
    list in 3 above? The Handbook provides no guidance whatsoever! In
    the last line at the bottom of page 17, the text directs the
    inspector to follow steps if the product is listed, but says nothing
    about products not listed. This is a huge omission that has many
    officials wondering what to do? The result is that some packers
    bluff by playing the moisture loss card even when not entitled to a
    loss (e.g., canned goods) and many officials back away from these
    products for lack of direction. The proposal included the provision
    for comparing time of pack data with actual field data for moisture
    content that was in the 3^rd^ Edition. It also would permit using
    data from a scientific study provided by the manufacturer in support
    of any claim of moisture loss.

5.  Why do we have a different method of evaluating the test results for
    products with moisture loss than for other products? The basic
    procedure for evaluating test results calls for evaluating the
    individual packages against the MAV and evaluating the sample
    average against the SEL. On page 19 that procedure is no longer
    used; instead you have to look at a difference between the sample
    average and the SEL and not compare it to the moisture allowance.
    Recently we changed the method of calculating the R~c~ for tare
    variability to avoid having different methods for different types of
    packages. Consistency helps inspectors apply the standard uniformly.
    NEWMA believes that we should always compare sample average to the
    SEL and this can be accomplished easily be adjusting the SEL rather
    than looking at differences. Thus we would follow the same process
    in evaluating the results in all cases. The only difference is in
    how we arrive at the SEL and MAV when applying the moisture loss
    allowance after the test. If you use box 13a before the test, this
    is done automatically. If you follow the proposed procedure after
    the test, you calculate a moisture-corrected MAV and a
    moisture-corrected SEL and simply reevaluate the original test data.
    While you might get the same result using the procedure on page 19,
    it uses a different evaluation process and is difficult to
    understand particularly in how box 13a is or is not used in the
    calculation of NGW.

####### 260-3 W Amend § 2.3 Basic Test Procedure

**Source:** Northeastern Weights and Measures Association (NEWMA) (see
item 250-4 in the Report of the 88^th^ NCWM Annual Meeting, 2003)

**Recommendation:** The Committee reviewed the following proposal to
delete the current "**Moisture Allowances"** discussion in Handbook 133,
Section 2.3, Basic Test Procedure (pages 17 through 19), and replace it
as follows:

> [Moisture Allowances]{.underline}
>
> [What products have an established moisture allowance?]{.underline}
>
> [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.]{.underline}
>
> [Meat and poultry products from a USDA-inspected plant are permitted
> no moisture allowance when tested under a Category A sampling plan
> with Used Dry Tare.]{.underline}
>
> []{.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.]{.underline}

-   [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.]{.underline}

-   [For packages of franks or hotdogs that bear an USDA seal of
    inspection, the moisture allowance is 2.5 % of the labeled net
    weight.]{.underline}

-   [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.]{.underline}

> []{.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.]{.underline}
>
> *[How do you determine the allowance for products without an
> established moisture allowance?]{.underline}*
>
> [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]{.underline} [distribution chains that could be
> encountered. You may use the moisture loss limits found in such study
> as an allowance in a compliance test.]{.underline}
>
> *[What is the accepted method to determine the actual moisture loss
> for a lot?]{.underline}*
>
> [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 (percent) at time of pack
> minus moisture content (percent) 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.]{.underline}
>
> [Calculations]{.underline}
>
> []{.mark}
>
> *[How do you apply a moisture allowance when conducting a
> test?]{.underline}*
>
> [Moisture allowances may be applied either prior to testing or after
> testing. These two methods provide a 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]{.underline}.
>
> [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.]{.underline}
>
> [Example: Labeled quantity of a bag of flour is 2 lb and average tare
> is 0.04 lb (box 13)]{.underline}
>
> [Moisture Allowance is 3 % (0.03) of 2 lb = 0.06 lb]{.underline}
>
> *[Nominal Gross Wt. = 2 lb + 0.04 lb -- 0.06 lb = 1.98 lb record this
> value in box 14.]{.underline}*
>
> []{.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.]{.underline}
>
> [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.]{.underline}
>
> [Moisture content at time of pack was 13.4 % (packer
> data)]{.underline}
>
> [Moisture content at time of sale is 10.6 % (lab data)]{.underline}
>
> [Moisture loss is (13.4 % to 10.6 %) = 2.8 %]{.underline}
>
> [Moisture allowance is 0.028 x 2 lb = 0.056 lb]{.underline}
>
> [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.]{.underline}
>
> [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.]{.underline}

**Discussion:** One State believes that the explanations provided in
Handbook 133 pertaining to moisture loss are inadequate. The products
that have established moisture allowances are not 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 moisture allowances. 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. The current method of comparing the moisture allowance to the
difference between the average error and the SEL is confusing. The
current Handbook does not address commodities that are packed in sealed
containers or how to treat commodities packed on the premises.

In reviewing this proposal the Committee considered the proposed
additional language at times confusing and at times inaccurate. The
Committee does agree that the "Calculations" section on page 18 needs to
do a better job of distinguishing between moisture allowances applied
before testing and those applied after testing. The Committee believes
that there are extensive problems with this proposal as submitted. NIST
WMD has agreed to review the moisture loss section of Handbook 133 to
see if it can be written more clearly. The Committee has withdrawn this
item.

####### 260-4 I Amend § 2.3 Basic Test Procedure, and Table 2-5

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

**Recommendation:** The Committee will grant NIST editorial privileges
to amend Handbook 133 § 2.3 as follows:

> ***Where are Maximum Allowable Variations found?***
>
> Find the MAV values for packages labeled by weight, volume, count, and
> measure in the tables listed below in Appendix A.

+--------------------------------------------------------+-------------+
| -   Packages labeled by weight                         | See Table   |
|                                                        | 2-5         |
+--------------------------------------------------------+-------------+
| -   Packages labeled by volume liquid or dry           | See Table   |
|                                                        | 2-6         |
+--------------------------------------------------------+-------------+
| -   Packages labeled by count                          | See Table   |
|                                                        | 2-7         |
+--------------------------------------------------------+-------------+
| -   Packages labeled by length (width), or area        | See Table   |
|                                                        | 2-8         |
+--------------------------------------------------------+-------------+
| -   Packages **~~labeled with~~ [bearing               | See Table   |
|     a]{.underline}** USDA seal of inspection - Meat    | 2-9         |
|     and Poultry **[when labeled weight is provided by  |             |
|     the USDA inspected facility]{.underline}**         |             |
+--------------------------------------------------------+-------------+
| -   Textiles, polyethylene sheeting and film, mulch    | See Table   |
|     and soil labeled by volume, packaged firewood, and | 2-10        |
|     packages labeled by count with less than 50 items  |             |
+--------------------------------------------------------+-------------+

> Amend the Header of Table 2-5 as follows:
>
> Table 2-5. Maximum Allowable Variations (MAVs) for Packages Labeled by
> Weight
>
> **~~Do Not Use This Table f~~[F]{.underline}**or Meat and Poultry
> Products **~~subject to USDA Regulations~~** [**when Labeled Weight
> is** **Provided by USDA-Inspected Facility**]{.underline} -- Use Table
> 2-9
>
> For Polyethylene Sheeting and Film, see Table 2-10. Exceptions to the
> MAVs.

**Discussion:** When packages of meat and poultry are labeled with net
weights by USDA-inspected facilities, they are subject to the MAVs found
in Table 2-9 as established by the USDA. When packages from
USDA-inspected facilities are labeled with net weights after they leave
the inspected facility (i.e., at the meat department of a supermarket),
they are subject to the MAVs found in Table 2-5. This proposal is
intended to clarify under which circumstances the Table 2-9 MAVs apply.
The Committee considers this an editorial change.

####### 260-5 I Amend § 3.2 Gravimetric Test Procedure for Liquids

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

**Recommendation:** The Committee will grant NIST editorial privileges
to amend Handbook 133 § 3.2 Gravimetric Test Procedure for Liquids as
follows:

> 3\. For milk, select a volumetric measure equal to **[or one size
> smaller than]{.underline}** the label declaration. For all other
> products, select a volumetric measure that is one size smaller than
> the label declaration. For example, if testing a 1 L bottle of juice
> or soft drink, select a 500 mL volumetric measure.

**Discussion:** Currently, Handbook 133 can be interpreted to state that
you must use a volumetric measure equal to the label declaration when
testing milk. The previous 3^rd^ Edition Section 4.7. allowed for the
use of a smaller sized measure. Any changes to the selection of a
volumetric measure from the 3^rd^ to the 4^th^ editions of Handbook 133
were unintentional; testing milk with volumetric measures one size
smaller than the label declaration has always been an acceptable option.
The Committee considers this an editorial change.

####### 260-6 I Amend § 3.11 and MAV Table 2-10

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

**Recommendation:** Amend the application and header of Handbook 133
Table 2-10 as follows to allow the MAVs that apply to Mulch and Soil to
also apply to similar products, such as Wood Shavings and Animal
Bedding:

> Table 2-10. Exceptions to the Maximum Allowable Variations for
>
> Textiles, Polyethylene Sheeting and Film, Mulch
> **~~and~~**[,]{.underline} Soil**[, and Other Similar
> Products]{.underline}** Labeled by Volume, Packaged Firewood, and
>
> Packages Labeled by Count with Less than 50 Items

Amend Handbook 133 § 3.11 to read:

> 3.11. Mulch **~~and~~**[,]{.underline} Soil**[, and Other Similar
> Products]{.underline}** Labeled by Volume

**Discussion:** A manufacturer of wood fiber products feels that its
wood shavings, labeled by volume, should receive the same MAVs as mulch
and soil, or possibly peat moss. The product could conceivably be used
in as many different applications as animal bedding, insulation, mulch
(a horticultural above-ground dressing), etc. The reasons for allowing
expanded MAVs for mulch and soil may also apply to other similar
products. Item 250-10, which was adopted at the 83^rd^ National
Conference on Weights and Measures in 1998, and was entitled \"Bark,
Mulch, and Other Organic Products -- Maximum Allowable Variations\"
discussed the reasoning and the necessity for expanded MAVs in certain
circumstances.

The Committee is concerned, however, that the manufacturer who is
seeking this additional allowance has not provided sufficient hard,
objective data to support its position. There is an established
procedure for evaluating MAVs for products, and that procedure has not
yet been followed by the manufacturer. The Committee feels this item
needs to be further developed in conjunction with a regulatory agency so
that the Committee will have reliable information upon which to base any
decision.

In addition, concerns have been raised about the expansion of these
sections to "Other Similar Products." What are "Other Similar Products"?
Products that are used in similar applications? If so, and "Other
Similar Products" is intended to extend to pet beddings made of wood
shavings, should it also then be extended to pet beddings made of paper
(also a wood product)? What about pet beddings made from other
substances (clay, straw, etc)? It is believed that the language proposed
is overly broad and needs to be better defined to capture the product
under consideration without bringing in many products that should not
have the larger MAV.

###### 270 OTHER ITEMS

####### 270-1 W Enhanced Product -- USDA/FSIS Meat and Poultry Products

**Source:** Central Weights and Measures Association (CWMA) (see item
260-1 in the Report of the 86th NCWM Annual Meeting, 2001.)

**Recommendation:** The Committee reviewed the following proposal to
have the NCWM:

> \(1\) Establish a Working Group to study current market conditions for
> enhanced versus non-enhanced meat and poultry products, to determine
> the extent to which water and/or other added solutions are no longer
> retained in the product at the time of sale (i.e., are lost into the
> packaging material or are otherwise free-flowing) recognizing Federal
> regulations that are in place which govern labeling of such products;
> and

2.  Direct the Working Group to make recommendations to the Committee
    based on findings of the study concerning what is to be considered
    "reasonable moisture allowances" when conducting Handbook 133
    inspections of enhanced meat and poultry products.

**Discussion:** This item was adopted in 2001 but has remained on the
Committee's agenda pending the appointment of the Working Group by the
NCWM Board of Directors. The NCWM Board of Directors has not appointed
members to the Working Group. The Committee has withdrawn this item.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Dennis Johannes, California, Chairman

Joe Gomez, New Mexico

Edwin Price, Texas

James Cassidy, Cambridge, Massachusetts

Vicky Dempsey, Montgomery County, Ohio

Vincent Orr, ConAgra Foods, Associate Membership Committee
Representative

Brian Lemon, Canada, Technical Advisor

Doug Hutchinson, Canada, Technical Advisor

Tom Coleman, NIST, Technical Advisor

Kathryn Dresser, NIST, Technical Advisor

**Laws and Regulations Committee**

[]{#Appendix_A .anchor}**Appendix A**

**Uniform Engine Fuels, Petroleum Products,**

**and Automotive Lubricants Regulation**

**Recommendation for 237-2**

**NIST Handbook 130: Engine Fuels, Petroleum Products, and Automotive
Lubricants Regulation**

as adopted by

The National Conference on Weights and Measures[^1]

**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.

**Table of Contents**

## Section Page

1.  Definitions 153

    1.  ASTM 153

    2.  Antiknock Index (AKI) 153

> **[1.3. Automatic Transmission Fluid]{.underline}** 153
>
> ~~1.3.~~ **[1.4.]{.underline}** Automotive Fuel Rating 153
>
> ~~1.4.~~ **[1.5.]{.underline}** Automotive Gasoline, Automotive
> Gasoline-Oxygenate Blend 153
>
> ~~1.5.~~ **[1.6.]{.underline}** Aviation Gasoline 153
>
> ~~1.6.~~ **[1.7.]{.underline}** Aviation Turbine Fuel 153
>
> ~~1.7.~~ **[1.8.]{.underline}** Base Gasoline 153
>
> ~~1.8.~~ **[1.9.]{.underline}** Biodiesel 153
>
> ~~1.9.~~ **[1.10.]{.underline}** Cetane Index 153
>
> ~~1.10.~~ **[1.11.]{.underline}** Cetane Number 153
>
> ~~1.11.~~ **[1.12.]{.underline}** Compressed Natural Gas (CNG) 153
>
> ~~1.12.~~ **[1.13.]{.underline}** Denatured Fuel Ethanol 153
>
> ~~1.13.~~ **[1.14.]{.underline}** Diesel Fuel 153
>
> ~~1.14.~~ **[1.15.]{.underline}** Distillate 153
>
> ~~1.15.~~ **[1.16.]{.underline}** EPA 153
>
> ~~1.16.~~ **[1.17.]{.underline}** E85 Fuel Ethanol 153
>
> ~~1.17.~~ **[1.18.]{.underline}** Engine Fuel 154
>
> ~~1.18.~~ **[1.19.]{.underline}** Engine Fuels Designated for Special
> Use 154
>
> ~~1.19.~~ **[1.20.]{.underline}** Ethanol 154
>
> ~~1.20.~~ **[1.21.]{.underline}** Fuel Oil 154
>
> ~~1.21.~~ **[1.22.]{.underline}** Gasoline 154
>
> ~~1.22.~~ **[1.23.]{.underline}** Gasoline-Alcohol Blend 154
>
> ~~1.23.~~ **[1.24.]{.underline}** Gasoline Gallon Equivalent (GGE) 154
>
> ~~1.24.~~ **[1.25.]{.underline}** Gasoline Liter Equivalent (GLE) 154
>
> ~~1.25.~~ **[1.26.]{.underline}** Gasoline-Oxygenate Blend 154
>
> **[1.27. Gear Oil]{.underline}** 154
>
> ~~1.26.~~ **[1.28.]{.underline}** Kerosene 154
>
> ~~1.27.~~ **[1.29.]{.underline}** Lead Substitute 154
>
> ~~1.28.~~ **[1.30.]{.underline}** Lead Substitute Engine Fuel 154
>
> ~~1.29.~~ **[1.31.]{.underline}** Leaded 154
>
> ~~1.30.~~ **[1.32.]{.underline}** Liquefied Natural Gas (LNG) 154
>
> ~~1.31.~~ **[1.33.]{.underline}** Liquefied Petroleum Gas (LPG) 155
>
> ~~1.32.~~ **[1.34.]{.underline}** Low Sulfur 155
>
> ~~1.33.~~ **[1.35.]{.underline}** Low Temperature Operability 155
>
> ~~1.34.~~ **[1.36.]{.underline}** Lubricity 155
>
> ~~1.35.~~ **[1.37.]{.underline}** M100 Fuel Methanol 155
>
> ~~1.36.~~ **[1.38.]{.underline}** M85 Fuel Methanol 155
>
> ~~1.37.~~ **[1.39.]{.underline}** Motor Octane Number 155
>
> **[1.40. Motor Oil (Engine Oil)]{.underline}** 155
>
> **[1.41. Oil]{.underline}** 155
>
> ~~1.38.~~ **[1.42.]{.underline}** Oxygen Content of Gasoline 155
>
> ~~1.39.~~ **[1.43.]{.underline}** Oxygenate 155
>
> ~~1.40.~~ **[1.44.]{.underline}** Reformulated Gasoline 155
>
> ~~1.41.~~ **[1.45.]{.underline}** Research Octane Number 155
>
> ~~1.42.~~ **[1.46.]{.underline}** SAE 155
>
> ~~1.43.~~ **[1.47.]{.underline}** Substantially Similar 155
>
> ~~1.44.~~ **[1.48.]{.underline}** Thermal Stability 155
>
> ~~1.45.~~ **[1.49.]{.underline}** Total Alcohol 155
>
> ~~1.46.~~ **[1.50.]{.underline}** Total Oxygenate 155
>
> ~~1.47.~~ **[1.51.]{.underline}** Unleaded 155
>
> ~~1.48.~~ **[1.52.]{.underline}** Wholesale Purchaser Consumer 155

2\. Standard Specifications 156

1.  Gasoline and Gasoline-Oxygenate Blends 156

2.  Diesel Fuel 157

3.  Aviation Turbine Fuels 157

4.  Aviation Gasoline 157

5.  Fuel Oils 157

6.  Kerosene (Kerosine) 157

7.  Ethanol 158

8.  Liquefied Petroleum (LP) Gases 158

9.  Compressed Natural Gas (CNG) 158

10. E85 Fuel Ethanol 158

11. M85 Fuel Methanol 158

> **[2.12 . Motor Oil]{.underline}** 158
>
> **[2.13 . Products for Use in Lubricating Manual Transmissions, Gears,
> or Axles]{.underline}** 158
>
> **[2.14. Products for Use in Lubricating Automatic
> Transmissions]{.underline}** 158

3\. Classification and Method of Sale of Petroleum Products 158

1.  General Considerations 158

2.  Automotive Gasoline and Automotive Gasoline-Oxygenate Blends 158

3.  Diesel Fuel 159

4.  Aviation Turbine Fuels 160

5.  Aviation Gasoline 161

6.  Fuel Oils 161

7.  Kerosene (Kerosine) 161

8.  Fuel Ethanol 161

9.  Fuel Methanol 161

10. Liquefied Petroleum Gas (LPG) 162

11. Compressed Natural Gas 162

12. Liquefied Natural Gas 162

> **[3.13 Oil]{.underline}** 162
>
> **[3.14 Automatic Transmission Fluid]{.underline}** 162

3.  Retail Storage Tanks 163

> 4.1. Water in Gasoline-Alcohol Blends, Aviation Gas, and Aviation
> Turbine Fuel 163

2.  Water in Gasoline, Diesel, Gasoline-Ether, and Other Fuels 163

3.  Product Storage Information 163

4.  Volume of Product Information 163

```{=html}
<!-- -->
```
4.  Condemned Product 163

    1.  Stop-Sale Order at Retail 163

    2.  Stop-Sale Order at Terminal or Bulk Plant Facility 163

```{=html}
<!-- -->
```
5.  Product Registration 163

    1.  Engine Fuels Designated for Special Use 163

    2.  Renewal 163

    3.  Re-registration 163

    4.  Authority to Deny Registration 163

    5.  Transferability 163

6.  Test Methods and Reproducibility Limits 164

    1.  ASTM Standard Test Methods 164

    2.  Reproducibility Limits 164

**Uniform Engine Fuels, Petroleum Products,**

**and Automotive Lubricants Regulation**

**Section 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).** - 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. Automatic Transmission Fluid. - Automatic Transmission Fluid
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. 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.** - 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.** - 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.** - 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.** - 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.** - Base Gasoline means all
components other than ethanol in a blend of gasoline and ethanol.

**~~1.8.~~[1.9.]{.underline} Biodiesel.** - 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.** - 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.** - 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).** - 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.** - Denatured
Fuel Ethanol means \"ethanol\" as defined in § 1.19. below.

**~~1.13.~~[1.14.]{.underline} Diesel Fuel.** - 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.** - Distillate means any
product obtained by condensing the vapors given off by boiling petroleum
or its products.

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

**~~1.16.~~[1.17.]{.underline} E85 Fuel Ethanol.** - 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} Engine Fuel.** - Engine Fuel means any
liquid or gaseous matter used for the generation of power in an internal
combustion engine.

**~~1.18.~~[1.19.]{.underline} Engine Fuels Designed for Special
Use.** - Engine Fuels Designed for Special Use means engine fuels
designated by the Director as requiring registration. These fuels
normally do not have ASTM or other national consensus standards applying
to their quality or usability; common special fuels are racing fuels and
those intended for agricultural and other off-road applications.

**~~1.19.~~[1.20.]{.underline} Ethanol.** - 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.

**~~1.20.~~[1.21.]{.underline} Fuel Oil.** - 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.

**~~1.21.~~[1.22.]{.underline} Gasoline.** - 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.

**~~1.22.~~[1.23.]{.underline} Gasoline-Alcohol Blend.** -
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.

**~~1.23.~~[1.24.]{.underline} Gasoline Gallon Equivalent (GGE).** - GGE
means 2.567 kg (5.660 lb) of natural gas.

**~~1.24.~~[1.25.]{.underline} Gasoline Liter Equivalent (GLE).** - GLE
means 0.678 kg (1.495 lb) of natural gas.

**~~1.25.~~[1.26.]{.underline} Gasoline-Oxygenate Blend.** -
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.

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

**~~1.26.~~[1.28.]{.underline} Kerosene.** - 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.

**~~1.27.~~[1.29.]{.underline} Lead Substitute.** - 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.

**~~1.28.~~[1.30.]{.underline} Lead Substitute Engine Fuel.** - Lead
Substitute Engine Fuel means, for labeling purposes, a gasoline or
gasoline-oxygenate blend that contains a \"lead substitute.\"

**~~1.29.~~[1.31.]{.underline} Leaded.** - Leaded means, for labeling
purposes, any gasoline or gasoline-oxygenate blend which contains more
than 0.013 g 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 g of
phosphorus per liter (0.005 g per U.S. gal), or any fuel to which lead
or phosphorus is intentionally added.

**~~1.30.~~[1.32.]{.underline} Liquefied Natural Gas (LNG).** - 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.

**~~1.31.~~[1.33.]{.underline} Liquefied Petroleum Gas (LPG).** - 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.

**~~1.32.~~[1.34.]{.underline} Low Sulfur.** - 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.

**~~1.33.~~[1.35.]{.underline} Low Temperature Operability.** - 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)

**~~1.34.~~[1.36.]{.underline} Lubricity.** **-** Lubricity a
qualitative term describing the ability of a fluid to affect friction
between, and wear to, surfaces in relative motion under load. (Added
2003)

**~~1.35.~~[1.37.]{.underline} M100 Fuel Methanol.** - 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.

**~~1.36.~~[1.38.]{.underline} M85 Fuel Methanol.** - M85 Fuel Methanol
means a blend of methanol and hydrocarbons of which the methanol portion
is nominally 70 to 85 volume percent.

**~~1.37.~~[1.39.]{.underline} Motor Octane Number.** - 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.

**1.40. Motor Oil**. - 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 lawns and garden equipment. For
the purposes of this regulation motor oil also means engine oil.

**1.41. Oil**. - Oil means motor oil, engine oil, and/or gear oil.

**~~1.38.~~[1.42.]{.underline} Oxygen Content of Gasoline.** - Oxygen
Content of Gasoline means the percentage of oxygen by mass contained in
a gasoline.

**~~1.39.~~[1.43.]{.underline} Oxygenate.** - Oxygenate means an
oxygen-containing, ashless, organic compound, such as an alcohol or
ether, which can be used as a fuel or fuel supplement.

**~~1.40.~~[1.44.]{.underline} Reformulated Gasoline.** - 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.

**~~1.41.~~[1.45.]{.underline} Research Octane Number.** - 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.

**~~1.42.~~[1.46.]{.underline} SAE.** - **SAE** means the Society of
Automotive Engineers, 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.

**~~1.43.~~[1.47.]{.underline} Substantially Similar.** - Substantially
Similar means the EPA\'s \"Substantially Similar\" rule, Section 211 (f)
(1) of the Clean Air Act \[42 U.S.C. 7545 (f) (1)\].

**~~1.44.~~[1.48.]{.underline} Thermal Stability.** - 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 p8articulates. Insolubles (e.g., gums or organic particulates)
can clog fuel filters and contribute to injector deposits.

(Added 1998)(Amended 1999)

**~~1.45.~~[1.49.]{.underline} Total Alcohol.** - Total Alcohol means
the aggregate total in volume percent of all alcohol contained in any
fuel defined in this Chapter.

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

**~~1.47.~~[1.51.]{.underline} Unleaded.** - 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).

**~~1.48.~~[1.52.]{.underline} Wholesale Purchaser Consumer.** -
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)

**Section 2. Standard 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. -** All diesel fuels identified on
> retail dispensers, bills of lading, invoices, shipping papers, or
> other documentation with terms such as premium, super, supreme, plus,
> or premier must conform to the following requirements:
>
> **(a) Cetane Number. -** A minimum cetane number of 47.0 as determined
> by ASTM Standard Test Method D 613.
>
> **(b)** **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.
>
> **(c) Thermal Stability. -** A minimum reflectance measurement of 80 %
> as determined by ASTM Standard Test Method D 6468 (180 minutes, 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 is more than 560 microns,
> the sample does not conform to the requirements of this part.

(Amended 2003)

**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 Kerosine.\"

**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. Motor Oil** shall not be sold or distributed for use unless the
product conforms to the following specifications:

> **[(a) 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 specification 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 Transmission, 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.
>
> **[(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.]{.underline}**

**2.14. Products for Use in Lubricating Automatic Transmissions. - A**ny
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.

**[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 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 blends
> 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 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 contain
> 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 (½
> 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 driver's position, in a type at least 12 mm (1/2
> in) in height, 1.5 mm (1/16 in) stroke (width of type).
>
> **3.3.3. 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)

+--------------------+----------------------+-------------------------+
| **Table 1. Minimum |                      |                         |
| Antiknock Index    |                      |                         |
| Requirements**     |                      |                         |
+--------------------+----------------------+-------------------------+
| **Term**           | **Minimum Antiknock  |                         |
|                    | Index**              |                         |
+--------------------+----------------------+-------------------------+
|                    | **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, Unleaded  | 85                   | 87                      |
| (alone)            |                      |                         |
+--------------------+----------------------+-------------------------+
| Economy            | \--                  | 86                      |
+--------------------+----------------------+-------------------------+
| (Table Amended     |                      |                         |
| 1997)              |                      |                         |
+--------------------+----------------------+-------------------------+

**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
> inches (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 inches (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:
>
> \"Warning - Not Suitable For Use In Unvented Heaters Requiring No.
> 1-K.\"
>
> The lettering of this legend shall not be less than 12 mm 1/16 in) in
> height by 1.5 mm (1/16 in) stroke; 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 or 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. (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 applications are not required to contain an "SAE Viscosity
Grade" on their labels.)

**[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 J186 or API
Publication 1509, Engine Oil Licensing and Certification
System.]{.underline}**

**[The label on 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 of 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.

**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 § 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 fuel's 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.** **Identity.** - Business name and address(es).
>
> **6.1.2.** **Address.** - Mailing address if different than business
> address.
>
> **6.1.3.** **Business Type.** - 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.** **Signature.** - An authorized signature, title, and date
> for each registration.
>
> **6.1.5.** **Product Description.** - Product brand name and product
> description.
>
> **6.1.6.** **Product Specification.** - A product specification sheet
> shall be attached.

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

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

**6.4. Authority to Deny Registration.** - The Director may decline to
register any product that 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.** **Transferability.** - The registration is not transferable.

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

**7.1. ASTM Standard Test Methods. -** 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 premium diesel parameters:

(a) Cetane Number - ASTM D 613

(b) Low Temperature Operability - ASTM D 4539 or ASTM D 2500 (according
    to marketing claim)

(c) Thermal Stability - ASTM D 6468 (180 minutes, 150 °C)

(d) Lubricity - ASTM D 6079

(Amended 2003)

**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.

[]{#Appendix_B .anchor}**Appendix B**

**Recommendation for 260-1, NIST Handbook 133**

**Appendix A. Tables 2-5, 2-6, 2-8, and 2-10**

+------------------------------------+---------------------------------+
| **Table 2-5. Maximum Allowable     |                                 |
| Variations (MAVs) for Packages     |                                 |
| Labeled by Weight**                |                                 |
|                                    |                                 |
| Do Not Use This Table for Meat and |                                 |
| Poultry Products Subject to USDA   |                                 |
| Regulations -- Use Table 2-9.      |                                 |
|                                    |                                 |
| For Polyethylene Sheeting and      |                                 |
| Film, see Table 2-10. Exceptions   |                                 |
| to the MAVs                        |                                 |
+====================================+=================================+
| **Labeled Quantity**               | **Maximum Allowable             |
|                                    | Variations**                    |
+------------------------------------+---------------------------------+
| Less than 36 g, 0.08 lb, or 1.28   | 10 % of labeled quantity        |
| oz                                 |                                 |
+------------------------------------+---------------------------------+
| 36 g or more to 54 g               | 3.6 g                           |
|                                    |                                 |
| **0.08 lb or more to 0.12 lb**     | **0.008 lb**                    |
|                                    |                                 |
| 1.28 oz or more to 1.92 oz         | 1/8 oz                          |
+------------------------------------+---------------------------------+
| More than 54 g to 81 g             | 5.4 g                           |
|                                    |                                 |
| **More than 0.12 lb to 0.18 lb**   | **0.012 lb**                    |
|                                    |                                 |
| More than 1.92 oz to 2.88 oz       | 3/16 oz                         |
+------------------------------------+---------------------------------+
| More than 81 g to 117 g            | 7.2 g                           |
|                                    |                                 |
| **More than 0.18 lb to 0.26 lb**   | **0.016 lb**                    |
|                                    |                                 |
| More than 2.88 oz to 4.16 oz       | 1/4 oz                          |
+------------------------------------+---------------------------------+
| More than 117 g to 154 g           | 9.0 g                           |
|                                    |                                 |
| **More than 0.26 lb to 0.34 lb**   | **0.020 lb**                    |
|                                    |                                 |
| More than 4.16 oz to 5.44 oz       | 5/16 oz                         |
+------------------------------------+---------------------------------+
| More than 154 g to 208 g           | 10.8 g                          |
|                                    |                                 |
| **More than 0.34 lb to 0.46 lb**   | **0.024 lb**                    |
|                                    |                                 |
| More than 5.44 oz to 7.36 oz       | 3/8 oz                          |
+------------------------------------+---------------------------------+
| More than 208 g to 263 g           | 12.7 g                          |
|                                    |                                 |
| **More than 0.46 lb to 0.58 lb**   | **0.028 lb**                    |
|                                    |                                 |
| More than 7.36 oz to 9.28 oz       | 7/16 oz                         |
+------------------------------------+---------------------------------+
| More than 263 g to 317 g           | 14.5 g                          |
|                                    |                                 |
| **More than 0.58 lb to 0.70 lb**   | **0.032 lb**                    |
|                                    |                                 |
| More than 9.28 oz to 11.20 oz      | ½ oz                            |
+------------------------------------+---------------------------------+
| More than 318 g to 381 g           | 16.3 g                          |
|                                    |                                 |
| **More than 0.70 lb to 0.84 lb**   | **0.036 lb**                    |
|                                    |                                 |
| More than 11.20 oz to 13.44 oz     | 9/16 oz                         |
+------------------------------------+---------------------------------+
| More than 381 g to 426 g           | 18.1 g                          |
|                                    |                                 |
| **More than 0.84 lb to 0.94 lb**   | **0.040 lb**                    |
|                                    |                                 |
| More than 13.44 oz to 15.04 oz     | 5/8 oz                          |
+------------------------------------+---------------------------------+
| More than 426 g to 489 g           | 19.9 g                          |
|                                    |                                 |
| **More than 0.94 lb to 1.08 lb**   | **0.044 lb**                    |
|                                    |                                 |
| More than 15.04 oz to 17.28 oz     | 11/16 oz                        |
+------------------------------------+---------------------------------+
| More than 489 g to 571 g           | 21.7 g                          |
|                                    |                                 |
| More than 1.08 lb to 1.26 lb       | 0.048 lb                        |
+------------------------------------+---------------------------------+
| More than 571 g to 635 g           | 23.5 g                          |
|                                    |                                 |
| More than 1.26 lb to 1.40 lb       | 0.052 lb                        |
+------------------------------------+---------------------------------+
| More than 635 g to 698 g           | 25.4 g                          |
|                                    |                                 |
| More than 1.40 lb to 1.54 lb       | 0.056 lb                        |
+------------------------------------+---------------------------------+
| More than 698 g to 771 g           | 27.2 g                          |
|                                    |                                 |
| More than 1.54 lb to 1.70 lb       | 0.060 lb                        |
+------------------------------------+---------------------------------+
| More than 771 g to 852 g           | 29.0 g                          |
|                                    |                                 |
| More than 1.7 lb to 1.88 lb        | 0.064 lb                        |
+------------------------------------+---------------------------------+
| More than 852 g to 970 g           | 31.7 g                          |
|                                    |                                 |
| More than 1.88 lb to 2.14 lb       | 0.070 lb                        |
+------------------------------------+---------------------------------+
| More than 970 g to 1.12 kg         | 35.3 g                          |
|                                    |                                 |
| More than 2.14 lb to 2.48 lb       | 0.078 lb                        |
+------------------------------------+---------------------------------+
| More than 1.12 kg to 1.25 kg       | 39.0 g                          |
|                                    |                                 |
| More than 2.48 lb to 2.76 lb       | 0.086 lb                        |
+------------------------------------+---------------------------------+
| More than 1.25 kg to 1.45 kg       | 42.6 g                          |
|                                    |                                 |
| More than 2.76 lb to 3.20 lb       | 0.094 lb                        |
+------------------------------------+---------------------------------+
| More than 1.45 kg to 1.76 kg       | 49 g                            |
|                                    |                                 |
| More than 3.20 lb to 3.90 lb       | 0.11 lb                         |
+------------------------------------+---------------------------------+
| More than 1.76 kg to 2.13 kg       | 54 g                            |
|                                    |                                 |
| More than 3.90 lb to 4.70 lb       | 0.12 lb                         |
+------------------------------------+---------------------------------+
| More than 2.13 kg to 2.63 kg       | 63 g                            |
|                                    |                                 |
| More than 4.70 lb to 5.80 lb       | 0.14 lb                         |
+------------------------------------+---------------------------------+
| More than 2.63 kg to 3.08 kg       | 68 g                            |
|                                    |                                 |
| More than 5.80 lb to 6.80 lb       | 0.15 lb                         |
+------------------------------------+---------------------------------+
| More than 3.08 kg to 3.58 kg       | 77 g                            |
|                                    |                                 |
| More than 6.80 lb to 7.90 lb       | 0.17 lb                         |
+------------------------------------+---------------------------------+
| More than 3.58 kg to 4.26 kg       | 86 g                            |
|                                    |                                 |
| More than 7.90 lb to 9.40 lb       | 0.19 lb                         |
+------------------------------------+---------------------------------+
| More than 4.26 kg to 5.30 kg       | 99 g                            |
|                                    |                                 |
| More than 9.40 lb to 11.70 lb      | 0.22 lb                         |
+------------------------------------+---------------------------------+
| More than 5.30 kg to 6.48 kg       | 113 g                           |
|                                    |                                 |
| More than 11.70 lb to 14.30 lb     | 0.25 lb                         |
+------------------------------------+---------------------------------+
| More than 6.48 kg to 8.02 kg       | 127 g                           |
|                                    |                                 |
| More than 14.30 lb to 17.70 lb     | 0.28 lb                         |
+------------------------------------+---------------------------------+
| More than 8.02 kg to 10.52 kg      | 140 g                           |
|                                    |                                 |
| More than 17.70 lb to 23.20 lb     | 0.31 lb                         |
+------------------------------------+---------------------------------+
| More than 10.52 kg to 14.33 kg     | 167 g                           |
|                                    |                                 |
| More than 23.20 lb to 31.60 lb     | 0.37 lb                         |
+------------------------------------+---------------------------------+
| More than 14.33 kg to 19.23 kg     | 199 g                           |
|                                    |                                 |
| More than 31.60 lb to 42.40 lb     | 0.44 lb                         |
+------------------------------------+---------------------------------+
| More than 19.23 kg to 24.67 kg     | 226 g                           |
|                                    |                                 |
| More than 42.40 lb to 54.40 lb     | 0.50 lb                         |
+------------------------------------+---------------------------------+
| More than 24.67 kg                 | 2 % of labeled quantity         |
|                                    |                                 |
| More than 54.40 lb                 |                                 |
+------------------------------------+---------------------------------+

+-------------------------------------+--------------------------------+
| **Table 2-6. Maximum Allowable      |                                |
| Variations for Packages Labeled by  |                                |
| Liquid and Dry Volume**             |                                |
|                                     |                                |
| Do Not Use This Table for Meat and  |                                |
| Poultry Products Subject to USDA    |                                |
| Regulations - Use Table 2-9.        |                                |
|                                     |                                |
| For Mulch, see Table 2-10.          |                                |
| Exceptions to the Maximum Allowable |                                |
| Variations                          |                                |
+=====================================+================================+
| **Labeled Quantity**                | **Maximum Allowable Variations |
|                                     | (MAVs)**                       |
+-------------------------------------+--------------------------------+
| 3 mL or less                        | 0.5 mL                         |
|                                     |                                |
| **0.5 fl oz or less**               | **0.02 fl oz**                 |
|                                     |                                |
| 0.18 in^3^ or less                  | 0.03 in^3^                     |
+-------------------------------------+--------------------------------+
| More than 3 mL to 8 mL              | 1.0 mL                         |
|                                     |                                |
| More than 0.18 in^3^ to 0.49 in^3^  | 0.06 in^3^                     |
+-------------------------------------+--------------------------------+
| More than 8 mL to 14 mL             | 1.5 mL                         |
|                                     |                                |
| More than 0.49 in^3^ to 0.92 in^3^  | 0.09 in^3^                     |
+-------------------------------------+--------------------------------+
| More than 14 mL to 22 mL            | 1.7 mL                         |
|                                     |                                |
| **More than 0.5 fl oz to 0.75 fl    | **0.06 fl oz**                 |
| oz**                                |                                |
|                                     | 0.10 in^3^                     |
| More than 0.92 in^3^ to 1.35 in^3^  |                                |
+-------------------------------------+--------------------------------+
| More than 22 mL to 66 mL            | 3.8 mL                         |
|                                     |                                |
| **More than 0.75 fl oz to 2.25 fl   | **0.13 fl oz**                 |
| oz**                                |                                |
|                                     | 0.23 in^3^                     |
| More than 1.35 in^3^ to 4.06 in^3^  |                                |
+-------------------------------------+--------------------------------+
| More than 66 mL to 125 mL           | 5.6 mL                         |
|                                     |                                |
| **More than 2.25 fl oz to 4.25 fl   | **0.19 fl oz**                 |
| oz**                                |                                |
|                                     | 0.34 in^3^                     |
| More than 4.06 in^3^ to 7.66 in^3^  |                                |
+-------------------------------------+--------------------------------+
| More than 125 mL to 170 mL          | 7.3 mL                         |
|                                     |                                |
| **More than 4.25 fl oz to 5.75 fl   | **0.25 fl oz**                 |
| oz**                                |                                |
|                                     | 0.45 in^3^                     |
| More than 7.66 in^3^ to 10.37 in^3^ |                                |
+-------------------------------------+--------------------------------+
| More than 170 mL to 221 mL          | 9.1 mL                         |
|                                     |                                |
| **More than 5.75 fl oz to 7.50 fl   | **0.31 fl oz**                 |
| oz**                                |                                |
|                                     | 0.55 in^3^                     |
| More than 10.37 in^3^ to 13.53      |                                |
| in^3^                               |                                |
+-------------------------------------+--------------------------------+
| More than 221 mL to 347 mL          | 11.2 mL                        |
|                                     |                                |
| **More than 7.50 fl oz to 11.75 fl  | **0.38 fl oz**                 |
| oz**                                |                                |
|                                     | 0.68 in^3^                     |
| More than 13.53 in^3^ to 21.20      |                                |
| in^3^                               |                                |
+-------------------------------------+--------------------------------+
| More than 347 mL to 502 mL          | 14.7 mL                        |
|                                     |                                |
| **More than 11.75 fl oz to 17 fl    | **0.5 fl oz**                  |
| oz**                                |                                |
|                                     | 0.90 in^3^                     |
| More than 21.20 in^3^ to 30.67      |                                |
| in^3^                               |                                |
+-------------------------------------+--------------------------------+
| More than 502 mL to 621 mL          | 18.6 mL                        |
|                                     |                                |
| ## More than 17 fl oz to 21 fl oz   | **0.63 fl oz**                 |
|                                     |                                |
| More than 30.67 in^3^ to 37.89      | 1.13 in^3^                     |
| in^3^                               |                                |
+-------------------------------------+--------------------------------+
| More than 621 mL to 798 mL          | 22.1 mL                        |
|                                     |                                |
| ## More than 21 fl oz to 27 fl oz   | **0.75 fl oz**                 |
|                                     |                                |
| More than 37.89 in^3^ to 48.72      | 1.35 in^3^                     |
| in^3^                               |                                |
+-------------------------------------+--------------------------------+
| More than 798 mL to 916 mL          | 26.0 mL                        |
|                                     |                                |
| ## More than 27 fl oz to 31 fl oz   | **0.88 fl oz**                 |
|                                     |                                |
| More than 48.72 in^3^ to 55.94      | 1.58 in^3^                     |
| in^3^                               |                                |
+-------------------------------------+--------------------------------+
| More than 916 mL to 1.15 L          | 29 mL                          |
|                                     |                                |
| **More than 31 fl oz to 39 fl oz**  | **1 fl oz**                    |
|                                     |                                |
| More than 55.94 in^3^ to 70.38      | 1.80 in^3^                     |
| in^3^                               |                                |
+-------------------------------------+--------------------------------+
| More than 1.15 L to 1.62 L          | 36 mL                          |
|                                     |                                |
| **More than 39 fl oz to 55 fl oz**  | **1.25 fl oz**                 |
|                                     |                                |
| 70.38 in^3^ or more to 99.25 in^3^  | 2.25 in^3^                     |
+-------------------------------------+--------------------------------+
| More than 1.62 L to 2.04 L          | 44 mL                          |
|                                     |                                |
| **More than 55 fl oz to 69 fl oz**  | **1.5 fl oz**                  |
|                                     |                                |
| More than 99.25 in^3^ to 124.5      | 2.70 in^3^                     |
| in^3^                               |                                |
+-------------------------------------+--------------------------------+
| More than 2.04 L to 2.51 L          | 51 mL                          |
|                                     |                                |
| **More than 69 fl oz to 85 fl oz**  | **1.75 fl oz**                 |
|                                     |                                |
| More than 124.5 in^3^ to 153.3      | 3.1 in^3^                      |
| in^3^                               |                                |
+-------------------------------------+--------------------------------+
| More than 2.51 L to 3.04 L          | 59 mL                          |
|                                     |                                |
| **More than 85 fl oz to 103 fl oz** | **2 fl oz**                    |
|                                     |                                |
| More than 153.3 in^3^ to 185.8      | 3.6 in^3^                      |
| in^3^.                              |                                |
+-------------------------------------+--------------------------------+
| More than 3.04 L to 4.73 L          | 73 mL                          |
|                                     |                                |
| **More than 103 fl oz to 160 fl     | **2.5 fl oz**                  |
| oz**                                |                                |
|                                     | 4.5 in^3^                      |
| More than 185.8 in^3^ to 288.7      |                                |
| in^3^                               |                                |
+-------------------------------------+--------------------------------+
| More than 4.73 L to 5.48 L          | 88 mL                          |
|                                     |                                |
| **More than 160 fl oz to 185.6 fl   | **3 fl oz**                    |
| oz**                                |                                |
|                                     | 5.4 in^3^                      |
| More than 288.7 in^3^ to 334.9      |                                |
| in^3^.                              |                                |
+-------------------------------------+--------------------------------+
| More than 5.48 L to 7.09 L          | 103 mL                         |
|                                     |                                |
| **More than 185.6 fl oz to 240 fl   | **3.5 fl oz**                  |
| oz**                                |                                |
|                                     | 6.3 in^3^                      |
| More than 334.9 in^3^ to 443.1      |                                |
| in^3^                               |                                |
+-------------------------------------+--------------------------------+
| More than 7.09 L to 8.04 L          | 118 mL                         |
|                                     |                                |
| **More than 240 fl oz to 272 fl     | **4 fl oz**                    |
| oz**                                |                                |
|                                     | 7.2 in^3^                      |
| More than 443.1 in^3^ to 490.8      |                                |
| in^3^.                              |                                |
+-------------------------------------+--------------------------------+
| More than 8.04 L to 10.17 L         | 133 mL                         |
|                                     |                                |
| **More than 272 fl oz to 344 fl     | **4.5 fl oz**                  |
| oz**                                |                                |
|                                     | 8.1 in^3^                      |
| More than 490.8 in^3^ to 620.8      |                                |
| in^3^                               |                                |
+-------------------------------------+--------------------------------+
| More than 10.17 L to 11.59 L        | 147 mL                         |
|                                     |                                |
| **More than 344 fl oz to 392 fl     | **5 fl oz**                    |
| oz**                                |                                |
|                                     | 9.0 in^3^                      |
| More than 620.8 in^3^ to 707.4      |                                |
| in^3^                               |                                |
+-------------------------------------+--------------------------------+
| More than 11.59 L to 16.56 L        | 177 mL                         |
|                                     |                                |
| **More than 392 fl oz to 560 fl     | **6 fl oz**                    |
| oz**                                |                                |
|                                     | 10.8 in^3^                     |
| More than 707.4 in^3^ to 1,010      |                                |
| in^3^                               |                                |
+-------------------------------------+--------------------------------+
| More than 16.56 L to 18.92 L        | 207 mL                         |
|                                     |                                |
| **More than 560 fl oz to 640 fl oz  | **7 fl oz**                    |
| (5 gal)**                           |                                |
|                                     | 12.6 in^3^                     |
| More than 1,010 in^3^ into 1,155    |                                |
| in^3^                               |                                |
+-------------------------------------+--------------------------------+
| More than 18.92 L to 23.65 L        | 236 mL                         |
|                                     |                                |
| **More than 640 fl oz to 800 fl     | **8 fl oz**                    |
| oz**                                |                                |
|                                     | 14.4 in^3^                     |
| More than 1,155 in^3^ to 1,443      |                                |
| in^3^                               |                                |
+-------------------------------------+--------------------------------+
| More than 23.65 L to 26.73 L        | 266 mL                         |
|                                     |                                |
| **More than 800 fl oz to 904 fl     | **9 fl oz**                    |
| oz**                                |                                |
|                                     | 16.2 in^3^                     |
| More than 1,443 in^3^ to 1 631      |                                |
| in^3^                               |                                |
+-------------------------------------+--------------------------------+
| More than 26.73 L                   | **1 % of labeled quantity**    |
|                                     |                                |
| **More than 904 fl oz**             |                                |
|                                     |                                |
| More than 1 631 in^3^               |                                |
+-------------------------------------+--------------------------------+

+------------------------------------+---------------------------------+
| **Table 2-8. Maximum Allowable     |                                 |
| Variations for Packages Labeled by |                                 |
| Length, (Width), or Area**         |                                 |
|                                    |                                 |
| **For Textiles, Polyethylene       |                                 |
| Sheeting and Film, see Table 2-10. |                                 |
| Exceptions to the MAVs**           |                                 |
+------------------------------------+---------------------------------+
| **Labeled Quantity**               | **Maximum Allowable Variations  |
|                                    | (MAVs)**                        |
+------------------------------------+---------------------------------+
| 1 m or less                        | 3 % of labeled quantity         |
|                                    |                                 |
| 1 yd or less                       |                                 |
+------------------------------------+---------------------------------+
| More than 1 m to 43 m              | 1.5 % of labeled quantity       |
|                                    |                                 |
| More than 1 yd to 48 yd            |                                 |
+------------------------------------+---------------------------------+
| More than 43 m to 87 m             | 2 % of labeled quantity         |
|                                    |                                 |
| More than 48 yd to 96 yd           |                                 |
+------------------------------------+---------------------------------+
| More than 87 m to 140 m            | 2.5 % of labeled quantity       |
|                                    |                                 |
| More than 96 yd to 154 yd          |                                 |
+------------------------------------+---------------------------------+
| More than 140 m to 301 m           | 3 % of labeled quantity         |
|                                    |                                 |
| More than 154 yd to 330 yd         |                                 |
+------------------------------------+---------------------------------+
| More than 301 m to 1,005 m         | 4 % of labeled quantity         |
|                                    |                                 |
| More than 330 yd to 1,100 yd       |                                 |
+------------------------------------+---------------------------------+
| More than 1,005 m or 1,100 yd      | 5 % of labeled quantity         |
+------------------------------------+---------------------------------+
| **Maximum Allowable Variations for |                                 |
| Packages Labeled by Area.**        |                                 |
+------------------------------------+---------------------------------+
| The MAV for packages labeled by    |                                 |
| area is 3 % of labeled quantity    |                                 |
+------------------------------------+---------------------------------+
| For Textiles, Polyethylene         |                                 |
| Sheeting and Film, see Table 2-10. |                                 |
| Exceptions to the MAVs             |                                 |
+------------------------------------+---------------------------------+

+-----------------+----------------------------------------------------+
| **Table 2-10.   |                                                    |
| Exceptions to   |                                                    |
| the Maximum     |                                                    |
| Allowable       |                                                    |
| Variations      |                                                    |
| for**           |                                                    |
|                 |                                                    |
| **Textiles,     |                                                    |
| Polyethylene    |                                                    |
| Sheeting and    |                                                    |
| Film, Mulch and |                                                    |
| Soil Labeled by |                                                    |
| Volume,         |                                                    |
| Packaged        |                                                    |
| Firewood, and   |                                                    |
| Packages        |                                                    |
| Labeled by      |                                                    |
| Count with Less |                                                    |
| than 50         |                                                    |
| Items.**        |                                                    |
+-----------------+----------------------------------------------------+
| **Product**     | **Maximum Allowable Variations (MAVs)**            |
+-----------------+----------------------------------------------------+
| **Polyethylene  | **Thickness**                                      |
| Sheeting and    |                                                    |
| Film**          | When the labeled thickness is 25 m (1 mil or      |
|                 | 0.001 in) or less, any individual thickness        |
|                 | measurement of polyethylene film may be up to 35 % |
|                 | below the labeled thickness.                       |
|                 |                                                    |
|                 | When the labeled thickness is greater than 25 m   |
|                 | (1 mil or 0.001 in), individual thickness          |
|                 | measurements of polyethylene sheeting may be up to |
|                 | 20 % less than the labeled thickness.              |
|                 |                                                    |
|                 | The average thickness of a single package of       |
|                 | polyethylene sheeting may be up to four percent    |
|                 | less than the labeled thickness.                   |
|                 |                                                    |
|                 | **Weight**                                         |
|                 |                                                    |
|                 | The MAV for individual packages of polyethylene    |
|                 | sheeting and film shall be 4 % of the labeled      |
|                 | quantity.                                          |
+-----------------+----------------------------------------------------+
| **Textiles**    | The MAVs are:                                      |
|                 |                                                    |
|                 | For packages labeled with dimensions of 60 cm (24  |
|                 | in) or more:                                       |
|                 |                                                    |
|                 | Three percent of the labeled quantity for negative |
|                 | errors and 6 % of the labeled quantity for plus    |
|                 | errors.                                            |
|                 |                                                    |
|                 | For packages labeled with dimensions less than 60  |
|                 | cm (24 in):                                        |
|                 |                                                    |
|                 | Six percent of the labeled quantity for negative   |
|                 | errors and 12 % for plus errors.                   |
+-----------------+----------------------------------------------------+
| **Mulch and     | The MAVs are:                                      |
| Soil Labeled by |                                                    |
| Volume**        | For individual packages: 5 % of the labeled        |
|                 | volume.                                            |
|                 |                                                    |
|                 | For samples: one package may exceed the MAV for    |
|                 | every 12 packages in the sample (e.g., when the    |
|                 | sample size is 12 or less, 1 package may exceed    |
|                 | the MAV and when the sample size is 48 packages, 4 |
|                 | packages may exceed the MAV).                      |
+-----------------+----------------------------------------------------+
| **Packaged      | MAVs are not applied to these packages.            |
| Firewood and    |                                                    |
| Packages        |                                                    |
| Labeled By      |                                                    |
| Count with Less |                                                    |
| Than 50 Items** |                                                    |
+-----------------+----------------------------------------------------+

[]{#Appendix_C .anchor}**Appendix C**

**Summary of Written Comments Received for 232-3:**

**Scaling Methods for Trees, Sawlogs & Veneer Logs**

  -----------------------------------------------------------------------------
        **Comments Received Opposing the Proposal**                **Number of
                                                                   times^1^**
  ----- ---------------------------------------------------------- ------------
  1     The proposed change will be costly for all members of the  133
        private forestry community. It will require mills to       
        revise their accounting, inventory, and software systems,  
        the costs of which will be passed on to landowners and     
        consumers.                                                 

  2     Different log measurement methods exist to accommodate     104
        regional and species-specific differences.                 

  3     This is inappropriate/unwarranted/unwanted government      89
        intervention in private industry.                          

  4     The market (which considers many characteristics other     70
        than volume) determines the value of logs, not the         
        measurement method.                                        

  5     There has been inadequate notice provided to interested    68
        parties.                                                   

  6     There is no demonstrated need for this change.             65

  7     All scaling methods, when properly applied, provide        62
        unbiased and consistent estimates of timber volumes.       

  8     Most transactions are done on a weight scale basis, which  46
        is the most accurate method available.                     

  9     This proposal appears to be designed primarily to make     41
        reporting easier for the Forest Service and contains       
        little, if any, value for the industry.                    

  10    The people who use the different scales recognize their    29
        variability and have experience using them properly.       

  11    The people who use the current systems are not interested  27
        in changing them.                                          

  12    There is no one scaling method that can accurately capture 24
        the value of all types of lumber.                          

  13    This proposal requires that scalers measure both ends of   23
        every log. This is time-consuming, costly, and often poses 
        a significant safety hazard.                               

  14    This proposal simply replaces one archaic measurement      17
        method with another equally unreliable method.             

  15    The timber industry in the U.S. is in a financial crisis.  17
        The cost of implementing this proposal would bankrupt many 
        mills and other parties in the timber industry.            

  16    Oppose the proposal (no reasons given).                    17

  17    Changing to a cubic scale will create confusion and        16
        uncertainty within the marketplace.                        

  18    The value of an unrefined forest product has more to do    14
        with its quality than its volume measurement.              

  19    Implementing this change will require the entire forest    12
        community to be educated. This will place a tremendous     
        burden on the industry.                                    

  20    Because it is difficult to convert from weight and board   10
        feet to cubic volume, this proposal will only make it more 
        difficult for the people who are selling timber (logging   
        contractors and landowners) to understand how they are     
        getting paid, which leaves them susceptible to being taken 
        advantage of during the transaction.                       

  21    Cubic scaling will require mills to rely upon the skill    8
        and honesty of the person doing the scaling.               

  22    The proposal would require imposition of a dual            7
        measurement system for the industry as they would be       
        forced to purchase by cubic volume, and then turn around   
        and sell by the board foot since the board foot is what    
        the end user requires.                                     

  23    The proposed changes are meaningless and cumbersome.       5

  24    State agencies that manage timberland will incur costs to  4
        convert their operations to a cubic scaling system,        
        something they cannot afford with the current budget       
        deficits.                                                  

  25    This proposal uses the Smalian's formula for estimating    3
        log volume. Smalian's formula is useful only if diameters  
        are measured every 8-16 feet in length, and overestimates  
        volume for trees with butt swell.                          

  26    For those government operations that require cubic volume  3
        measurements (e.g., severance tax systems, or U.S. Forest  
        Service surveys), industry uses a conversion factor from   
        the weight scale, rather than a cubic scaling method.      

  27    This proposal is contrary to the Healthy Forest Initiative 3
        recently passed by Congress.                               

  28    States should have the authority and responsibility to     3
        oversee timber commerce with their borders.                

  29    Lumber is sold to the public based on board feet because   2
        they can relate that to its square foot coverage.          

  30    The proposal will require numerous statutory changes to    2
        existing state law.                                        

  31    The method proposed does not take into account thinning    2
        sales of small stems, the salvage of dead or dying timber, 
        or any loss of volume or quality during the life of a      
        sale.                                                      

  32    The proposed definitions are inadequate and do not take    1
        into account multi-stem (clump-growth) trees or trees      
        which fork below breast height.                            

  33    Since 1960 almost all of the major "diagrammatic" log      1
        rules have been updated or modified to meet modern         
        processing technology and resource sizes.                  

  34    Implementation in 2005 is too soon. Many 2005 timber       1
        contract sales have already been negotiated with           
        appraisals based upon current standards.                   

  35    Federal regulation will create a need for enforcement.     1
        Enforcement will cost money, which many States cannot      
        afford.                                                    

  36    This proposal is contrary to the Federal Timber Purchasers 1
        Committee's efforts to promote regional discretion for     
        Forest Service sales.                                      
  -----------------------------------------------------------------------------

^1^ The "Number of times" column does not represent the number of
letters received. It represents the number of times this reason was
cited by letter writers. Many letters contained more than one reason for
the writer's position.

  -----------------------------------------------------------------------------
        **Comments Received Supporting the Proposal**              **Number of
                                                                   times^1^**
  ----- ---------------------------------------------------------- ------------
  1     Conversions from weight to board feet are very inaccurate, 2
        while conversions from weight to cubic volume are very     
        precise when the conversion factors are based on accurate  
        regional data.                                             

  2     This proposal is an improvement over the board foot        2
        measures because the board foot systems invariably         
        under-estimate the volume of small diameter logs.          

  3     This proposal uses a formula that is taught around the     2
        world, is a global measure that everyone can understand    
        and would make our log volume data comparable with other   
        countries.                                                 

  4     Without a consistent method of sale across the country, it 1
        is impossible to determine whether or not our forests are  
        more or less productive than forests in foreign countries, 
        or whether or not our sawmills are more or less efficient  
        in converting logs into lumber.                            

  5     This proposal would provide a more accurate measure of log 1
        volume for both buyers and sellers.                        

  6     There are uniform weight and measure standards for other   1
        products, so why not for forest products?                  

  7     Second-growth being harvested today is smaller with a      1
        greater taper. It is generally miscalled by the Doyle      
        system.                                                    

  8     Because most modern day scaling is done by weight and then 1
        converted to board feet using a conversion factor, there   
        is no reason why the same process cannot be used to        
        convert to cubic volume.                                   

  9     While cruising timber will be a challenge under this       1
        proposal, mills and foresters will, through experience,    
        learn the appropriate factors to use.                      

  10    A uniform measure will create parity between the producing 1
        regions and help determine efficiencies, profitability,    
        and the best forest management techniques for the benefit  
        of society.                                                

  11    The growth measurement of trees is most accurately         1
        represented at any point in their life cycle using cubic   
        volume.                                                    

  12    This proposal is flexible enough to be adaptable to local  1
        log market practices.                                      

  13    Scaling by weight, while appropriate for large volumes of  1
        chipwood, does not easily allow credit for high quality    
        logs.                                                      

  14    Small private landowners typically sell their timber only  1
        one or two times in their lifetimes. Having different      
        scaling methods can cause confusion.                       

  15    The log buyer invariably understands the scaling methods   1
        better than the landowner, leaving the landowner           
        vulnerable to price or scale manipulation.                 

  16    Support the proposal (no reasons given).                   1
  -----------------------------------------------------------------------------

^1^ The "Number of times" column does not represent the number of
letters received. It represents the number of times this reason was
cited by letter writers. Many letters contained multiple reasons for the
writer's position.

  -------------------------------------------------------------------------
  **Comments Received                                           
  From**                                                        
  -------------------- ---------------------------------------- -----------
  **Name**             **Representing**                         **State**

  Adams, J.            Self                                     Unknown

  Anthony, John        Anthony Timberlands Inc                  AR

  Anthony, Steven      Anthony Timberlands Inc                  AR

  Argow, Keith         National Woodland Owners Association     VA

  Armstrong, James     Portac Inc                               WA

  Arnold, Jerry        Weyerhaeuser                             AR

  Ashby, Jerry         Pacific Rim Log Scaling Bureau Inc       WA

  Askew, Joe           Self                                     Unknown

  Baker, Ronald        Miller Shingle Company                   WA

  Barras, Steve        ORRM                                     Unknown

  Bartlett, Michael    Hull Forest Products Inc                 Unknown

  Bauer, Robert        Kentucky Forest Industries Association   KY

  Beddingfield, Ben    Floragon Forest Products Inc             OR

  Belken, Ed           Self                                     WV

  Bellman, Mickey      MSB Consulting Inc                       OR

  Benson, Mark         Potlatch Corporation                     ID/AR/MN

  Billman, Mike        Malheur Lumber Company                   OR

  Blachly, Andy        Hampton Tree Farms Inc                   OR

  Black, Robert III    Timberland Resources Inc                 Unknown

  Bland, John & Bobbie Self                                     AR

  Bolland, Jud         Potlatch Corporation                     ID/AR/MN

  Bradetich, Doug      Riley Creek Lumber Company               ID

  Braswell, Max        Domtar Industries Inc                    AR

  Brenneisen, Dave     Federal Timber Purchasers Committee      SD

  Brigance, A.J.       USFS Womble/Caddo Ranger Districts       AR

  Brodie, T. Furman    Charles Ingram Lumber Company Inc        SC

  Brown, Keith         Texas Logging Council                    TX

  Burgess, Steven      Self                                     AR

  Burns, Debbie        Southeastern Lumber Manufacturers        GA
                       Association Inc                          

  Burton, Larry        Tru-Wood Cabinets Inc                    AL

  Bush, J.R.           Virginia Forest Products Association     VA

  Camp, Wade           SFPA                                     LA

  Caroll, Mark         Appalachian Forest Products Inc          WV

  Casey, Don           Self                                     AL

  Cathey, Joel         Ontario Hardwood Company Inc             VA

  Chang, Sun Joseph    Louisiana State University               LA

  Cochran, Carrol      Self                                     Unknown

  Colegrove, Nolan Sr. Intertribal Timber Council               OR

  Cooper, Karl         Georgia-Pacific Corporation              GA

  Craig, Keith         Pennsylvania Hardwoods Development       PA
                       Council                                  

  Crawford, Sloane     New York State Forest Products Utility   NY
                       Program                                  

  Crites, John         Allegheny Wood Products Inc              WV

  Crouse, Richard      Bryant & Young Lumber Company Inc        NC

  Crowell, James       Northern California Log Scaling &        CA
                       Grading Bureau                           

  Curtis, Gary         Columbia River Log Scaling & Grading     OR
                       Bureau                                   

  Dale, Don            Weyerhaeuser                             AR

  Dicke, Stephen       Self                                     MS

  Dinwiddle, Candace   Tennessee Forestry Association           TN

  Dismukes, Mr.        Vaiden Timber Company                    MS

  Dructor, Daniel      American Loggers Council                 TX

  Dye, Charles         West Virginia Division of Forestry       WV

  East, Vicki          Tru-Wood Cabinets Inc                    AL

  Ellis, Richard       Ellis & Holmes LLC                       NC

  Farrell, Jay         American Forest & Paper Association      DC

  Fischer, Burnell     National Association of State Foresters  DC

  Fishering, Nancy     Colorado Timber Industry Association     CO

  Foil, Dave           Forest Resource Consultants Inc          GA

  Ford, Doug           Minnesota DNR Division of Forestry       MN

  Foster, James        Kingwood Forestry Service Inc            AR

  Francisco, Gene      Wisconsin Professional Loggers           WI
                       Association                              

  Freeman, Kenneth     Self                                     AL

  Freres, Robert Jr.   Freres Lumber Company Inc                OR

  Geisinger, James     Associated Oregon Loggers Inc            OR

  Gelbert, Robin       Self                                     Unknown

  Gentis, Walt         Ochoco Lumber Company                    OR

  Gibbs, Kenneth       Self                                     WV

  Giustina, Larry      Giustina Land & Timber Company           Unknown

  Goergen, Michael Jr. Society of American Foresters            MD

  Graham, Owen         Alaska Forest Associaiton Inc            AK

  Griffith, Bruce      Griffith Lumber Company Inc              VA

  Haines, Gary         TreeSource Industries Inc                Unknown

  Hale, Paul           Texas Logging Council                    TX

  Hamel, Ralph         Ralph Hamel Forest Products Inc          WI

  Hamilton, Will       Hamilton Resource Management             WA

  Hampton, David       Hampton Tree Farms Inc                   OR

  Hayes, Vernon Jr.    Forest Landowners Association            MD

  Heissenbuttel, John  American Forest & Paper Association      DC

  Henderson, Bud       Hampton Tree Farms Inc                   OR

  Hicks, Ed            Self                                     Unknown

  Hogan, Jane          Ontario Hardwood Company Inc             VA

  Hogan, R. Holt       Ontario Hardwood Company Inc             VA

  Horn, Clinton        Bradley Lumber Company                   AR

  Houghland, Paul Jr.  National Hardwood Lumber Association     TN

  Howe, Paul           Virginia Forestry Association            VA

  Hufford, Ron         Texas Forestry Association               TX

  Hurst, James         Owens & Hurst                            MT

  Ivanoff, David       Hampton Tree Farms Inc                   OR

  Jaynes, Crad         South Carolina Timber Producers          SC
                       Association                              

  Johnson, Roy         Self                                     Unknown

  Johnston, George     Self                                     AR

  Jones, William       Alabama Loggers Council                  AL

  Jordan, Jonell       Tru-Wood Cabinets Inc                    AL

  Keep, Scott          Self                                     OR

  Keider, Michael      Self                                     Unknown

  Keighley, Tom        Self                                     LA

  Kelly, Boyd          Alabama Loggers Council                  AL

  Kendrick, Gordon     Self                                     AL

  Kennell, David       Self                                     WV

  King, Kevin          Empire State Forest Products Association NY

  Kirkmire, George     Washington Contract Loggers Association  WA

  Kostovick, Matthew   Self                                     WV

  Koulianos, Nick Jr.  Self                                     Unknown

  Kriegel, Paul        Goodyear Nelson Hardwood Lumber Company  Unknown
                       Inc                                      

  Levins, Bob          State of Arkansas                        AR

  Lewis, Richard       Forest Resources Association             MD

  Linn, Danny & Linda  Self                                     AR

  Livingston, Phillip  Kingwood Forestry Service Inc            AR

  Lockhart, Chuck      K Ply Inc                                WA

  Lynn, Jerry          Self                                     AR

  Lyskava, Paul        Pennsylvania Forest Products Association PA

  Mackey, R. Bruce     Washington State Dept. of Natural        WA
                       Resources                                

  Mansius, Donald      Maine Forest Service                     ME

  McGuire, Greg        Boise Cascade Corporation                WA

  Mckinney, Gary       Green Bay Packaging                      AR

  McLaughlin, Bruce    Robbins Lumber Inc                       ME

  Mitchell, Lylyn      AR/OK Timberlands Finance & Planning     AR/OK

  Moran, Milton Jr.    Columbia River Log Scaling & Grading     OR
                       Bureau                                   

  Morgan, Allen        Self                                     Unknown

  Nutt, James          Timber Services Inc                      TX

  Oates, Rick          Alabama Loggers Council                  AL

  Padgett, Preston     Packaging Corporation of America         TN

  Partin, Tom          American Forest Resource Council         OR

  Pickell, Bill        Washington Contract Loggers Association  WA

  Pomeroy, Ed          Georgia-Pacific Corporation              GA

  Porter, Edwin        Maine Department of Agriculture          ME

  Pullin, Steve        SV Pullin Inc                            WA

  Randall, Mike        Swanson Bros Lumber Co                   OR

  Ranick, Jim          Black Hills Forest Resource Association  SD

  Re, Richard          Seneca Sawmill Company                   OR

  Reckart, Donna       Public Lands Committee, WV Forestry      WV
                       Association                              

  Regan, Edward        RY Timber Inc                            MT

  Reynolds, Teddy      Reynolds Forestry Consulting-RFC Inc     AR

  Richbourg, David     Self                                     NC

  Ridenhour, Cory      Missouri Forest Products Association     MO

  Riley, James         Intermountain Forest Association         ID

  Robbins, J. Kelley   Arkansas Forestry Associaiton            AR

  Roberts, Karen       Self                                     AL

  Robinson, Foster     Starfire                                 OR

  Rodgers, Kirk        Maryland Forests Association Inc         MD

  Roesch, Teresa       Self                                     AL

  Rossi, Theodore      Rossi American Hardwoods Inc             Unknown

  Rush, David          Tru-Wood Cabinets Inc                    AL

  Rush, Kenneth        Tru-Wood Cabinets Inc                    AL

  Schatz, Fred         Columbia Vista Corporation               Unknown

  Schmidt, Ernie       Wyoming Timber Industry Association      WY

  Schroeder, Gary      C&D Lumber Company                       OR

  Scott, Robert        South Carolina Forestry Association      SC

  Shannon, Rosemond    Self                                     AL

  Shaw, Randy          Forest Resource Consultants Inc          GA

  Shofner, Tara        Arkansas Farm Bureau                     AR

  Simpson, Montgomery  Georgia Forestry Association             GA

  Slocum, Robert Jr.   North Carolina Forestry Association      NC

  Smith, Douglas       Self                                     Unknown

  Smith, Ed            Self                                     LA

  Smythe, Stuart       Self                                     Unknown

  Spadaro, Jason       SDS Lumber Company                       WA

  St. Laurent, Tom     Yamhill Log Scaling & Grading Bureau     OR

  Stephens, Melanie    Linden Lumber Company LTD                AL

  Stock, Jasen         New Hampshire Timberland Owners          NH
                       Association                              

  Storm, Rex           Associated Oregon Loggers Inc            OR

  Swanson, Susan       Allegheny Hardwood Utilization Group     PA

  Tennyson, Carolyn    Self                                     AR

  Thayer, Laurel       Freres Lumber Company Inc                OR

  Thompson, Lynn       University of Arkansas                   AR

  Thompson, Tom        USDA Forest Service, National Forest     DC
                       System                                   

  Thornbury, Larry     Tru-Wood Cabinets Inc                    AL

  Vroman, S. Mark      Hampton Tree Farms Inc                   OR

  Waybright, Dick      West Virginia Forestry Association       WV

  Westmark, Russ       Portac Inc                               WA

  Whistler, Alex       Bureau of Indian Affairs                 OR

  Wilson, Frank        Self                                     Unknown

  Woodbury, George     Alaska Forest Associaiton Inc            AK

  Wright, J. Tobey     Association of Consulting Foresters of   VA
                       America                                  

  Yansick, James       State of Connecticut Dept of Envir.      CT
                       Prot.                                    
  -------------------------------------------------------------------------

[^1]: \* *The National Conference on Weights and Measures is supported
    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."*