Laws and Regulations Committee

Interim Agenda

Joe Gomez, Chairman

Las Cruces, New Mexico

Reference

Key Number

###### 200 INTRODUCTION

The Laws and Regulations Committee (Committee) will address the
following items at its Interim Meeting. Table A identifies agenda items
by Reference Key Number, title, and page number. The first three digits
of the Reference Key Numbers of the items are assigned from the subject
series listed below. The fact that an item may appear on the agenda does
not mean it will be presented to the NCWM for a vote; the Committee may
withdraw some items, present some items for information and further
study, issue interpretations, or make specific recommendations for
changes to the publications listed below. The recommendations presented
in this agenda are statements of proposal and not necessarily
recommendations of the Committee. The appendices to the report are
listed in Table B.

This agenda contains recommendations to amend National Institute of
Standards and Technology (NIST) Handbook 130, "Uniform Laws and
Regulations," (2009), and NIST Handbook 133, "Checking the Net Contents
of Packaged Goods," (2005) Fourth Edition. Revisions proposed for the
handbooks are shown in **bold face print** by ~~crossing out~~
information to be deleted and [underlining]{.underline} information to
be added. Additions proposed for the handbooks are designated as such
and are shown in **bold face print**. Proposals presented for
information only are designated as such and are shown in *italic* type.
"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, Section 1.2. Weight). When used in this report, the term
"weight" means "mass."

#### Subject Series

**INTRODUCTION** 200 Series

**NIST Handbook 130** -- General 210 Series

Uniform Laws 220 Series

Weights and Measures Law (WML) 221 Series

Weighmaster Law (WL) 222 Series

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

Uniform Regulations 230 Series

Packaging and Labeling Regulation (PLR) 231 Series

Method of Sale Regulation (MSR) 232 Series

Unit Pricing Regulation (UPR) 233 Series

Voluntary Registration Regulation (VRR) 234 Series

Open Dating Regulation (ODR) 235 Series

Uniform National Type Evaluation Regulation (UNTER) 236 Series

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

Examination Procedure for Price Verification 240 Series

Interpretations and Guidelines 250 Series

**NIST Handbook 133** 260 Series

**Other Items** 270 Series

Table A

**Index to Reference Key Items**

**Reference**

Key Number Title of Item Page

## [200 INTRODUCTION 1](#introduction) {#introduction-1 .TOC-1}

## [232 METHOD OF SALE REGULATION 5](#method-of-sale-regulation) {#method-of-sale-regulation-5 .TOC-1}

## [232-1 Automatic Temperature Compensation (ATC) for Petroleum Products 5](#automatic-temperature-compensation-atc-for-petroleum-products) {#automatic-temperature-compensation-atc-for-petroleum-products-5 .TOC-2}

## [237 ENGINE FUELS, pETROLEUM pRODUCTS AND AUTOMOTIVE LUBRICANTS INSPECTION Regulation 20](#engine-fuels-petroleum-products-and-automotive-lubricants-inspection-regulation) {#engine-fuels-petroleum-products-and-automotive-lubricants-inspection-regulation-20 .TOC-1}

## [237-1 Revise Section 2.1. Gasoline and Gasoline-Oxygenate Blends 20](#revise-section-2.1.-gasoline-and-gasoline-oxygenate-blends) {#revise-section-2.1.-gasoline-and-gasoline-oxygenate-blends-20 .TOC-2}

## [260 NIST HANDBOOK 133 23](#nist-handbook-133) {#nist-handbook-133-23 .TOC-1}

## [260-1 Determining Net Weight Compliance for Meat and Poultry Products -- 9 CFR Parts 317, 381, and 442 23](#determining-net-weight-compliance-for-meat-and-poultry-products-9-cfr-parts-317-381-and-442) {#determining-net-weight-compliance-for-meat-and-poultry-products-9-cfr-parts-317-381-and-442-23 .TOC-2}

## [270 Other items -- Developing items 23](#other-items-developing-items) {#other-items-developing-items-23 .TOC-1}

## [270-1 Amend Section 2.2.1. in Handbook 130 Uniform Engine Fuels Regulation - Premium Diesel Lubricity 23](#amend-section-2.2.1.-in-handbook-130-uniform-engine-fuels-regulation---premium-diesel-lubricity) {#amend-section-2.2.1.-in-handbook-130-uniform-engine-fuels-regulation---premium-diesel-lubricity-23 .TOC-2}

## [270-2 Amend Handbook 133 Section 2.3. Moisture Allowances to Provide Clearer Guidance 25](#amend-handbook-133-section-2.3.-moisture-allowances-to-provide-clearer-guidance) {#amend-handbook-133-section-2.3.-moisture-allowances-to-provide-clearer-guidance-25 .TOC-2}

## [270-3 Laws and Regulations Committee Work Group (WG) on Moisture Loss 25](#laws-and-regulations-committee-work-group-wg-on-moisture-loss) {#laws-and-regulations-committee-work-group-wg-on-moisture-loss-25 .TOC-2}

## [270-4 Fuels and Lubricants Subcommittee (FALS) 27](#fuels-and-lubricants-subcommittee-fals) {#fuels-and-lubricants-subcommittee-fals-27 .TOC-2}

## [270-5 Pelletized Ice Cream 28](#pelletized-ice-cream) {#pelletized-ice-cream-28 .TOC-2}

## [270-6 Amend Interpretations and Guidelines Section 2.2.13. and 1.5.1. 28](#amend-interpretations-and-guidelines-section-2.2.13.-and-1.5.1.) {#amend-interpretations-and-guidelines-section-2.2.13.-and-1.5.1.-28 .TOC-2}

## [270-7 Method of Sale and Engine Fuel Quality Requirements for Hydrogen 29](#method-of-sale-and-engine-fuel-quality-requirements-for-hydrogen) {#method-of-sale-and-engine-fuel-quality-requirements-for-hydrogen-29 .TOC-2}

## [270-8 Method of Sale for Fireplace and Stove Wood, flavoring chips and packaged natural wood 29](#__RefHeading___Toc215316097) {#method-of-sale-for-fireplace-and-stove-wood-flavoring-chips-and-packaged-natural-wood-29 .TOC-2}

Table B

**Appendices**

[Appendix A. GAO-08-1114 Motor Fuels: Stakeholder Views on Compensating
for the Effects of Gasoline Temperature on Volume at the Pump
A1](../07-LR-AppA-09-Pub15-FINAL.doc)

[Appendix B 9 CFR Parts 317, 381, and 442 -- Determining Net Weight
Compliance for Meat and Poultry Products
B1](../07-LR-AppB-09-Pub15-FINAL.doc)

[Appendix C L&R Committee Work Group on Moisture Loss
C1](../07-LR-AppC-09-Pub15-FINAL.doc)

[Appendix D Letter Submitted from the International Ice Cream
Association to the Food and Drug Administration
D1](../07-LR-AppD-09-Pub15-FINAL.doc)

[Appendix E Minutes to Pelletized Ice Cream Meeting
E1](../07-LR-AppE-09-Pub15-FINAL.doc)

**Table C**

**Glossary of Acronyms**

  -------- --------------------------- -------- -----------------------------
  API      American Petroleum          L&R      Laws & Regulations Committee
           Institute                            

  ASTM     American Society for        LPG      Liquefied petroleum gas
           Testing and Materials                
           International                        

  ATC      Automatic Temperature       NCWM     National Conference on
           Compensation                         Weights & Measures

  ATCSC    Automatic Temperature       NEWMA    Northeast Weights & Measures
           Compensation Steering                Association
           Committee                            

  BOBs     Blend stock for Oxygenate   NTEP     National Type Evaluation
           Blending                             Program

  CEC      California Energy           S&T      Specifications & Tolerances
           Commission                           Committee

  CWMA     Central Weights & Measures  SMA      Scale Manufacturers
           Association                          Association

  FALS     Fuels and Lubricants        SWMA     Southern Weights & Measures
           Subcommittee                         Association

  FDA      Food and Drug               USDA     U.S. Department of
           Administration                       Agriculture

  GAO      Government Accountability   WG       Work Group
           Office                               

  HB 44    NIST Handbook 44            WMD      NIST Weights & Measures
                                                Division

  HB 130   NIST Handbook 130           WWMA     Western Weights & Measures
                                                Association

  HB 133   NIST Handbook 133                    
  -------- --------------------------- -------- -----------------------------

**[Daily Schedule]{.underline}**

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+-----------------+---+--------------------+-------------------------+
|                 |   |                    |                         |
+-----------------+---+--------------------+-------------------------+
| 9:30 a          | 2 | Method of Sale of  |                         |
| .m. - 5:00 p.m. | 3 | Commodities        |                         |
|                 | 2 | Regulation         |                         |
+-----------------+---+--------------------+-------------------------+
|                 | 2 | Engine Fuels,      |                         |
|                 | 3 | Petroleum Products |                         |
|                 | 7 | and Automotive     |                         |
|                 |   | Lubricants         |                         |
|                 |   | Inspection         |                         |
|                 |   | Regulation         |                         |
+-----------------+---+--------------------+-------------------------+
|                 | 2 | NIST Handbook 133  |                         |
|                 | 6 |                    |                         |
|                 | 0 |                    |                         |
+-----------------+---+--------------------+-------------------------+
|                 | 2 | Other Items --     |                         |
|                 | 7 | Developing Items   |                         |
|                 | 0 |                    |                         |
+-----------------+---+--------------------+-------------------------+
|                 |   |                    |                         |
+-----------------+---+--------------------+-------------------------+
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+-----------------+---+--------------------+-------------------------+
|                 |   |                    |                         |
+-----------------+---+--------------------+-------------------------+
| 1:00 p          | * |                    |                         |
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| **Wednesday,    | * |                    |                         |
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+-----------------+---+--------------------+-------------------------+

#### Details of all Items

#### (In order by Reference Key Number)

###### 232 METHOD OF SALE REGULATION

####### 232-1 Automatic Temperature Compensation (ATC) for Petroleum Products

**Background/Discussion:** At the 2007 Annual Meeting the Committee
received 18 comments requesting this item be made Informational to allow
the Committee time for additional study and deliberation. The Committee
believed the concerns of the commentators were valid, but they were
issues to be addressed by the S&T and NTEP Committees. Additional
studies of the method of sale proposal would not bring anything new to
the current recommendation that could not be addressed through further
revisions next year if needed. The Committee believed adopting this
proposal would provide guidance to policymakers and others currently
considering action on temperature compensation at the national, state,
or local level. Jurisdictions opposing the proposal because their state
laws or their policies were against it would not be affected by the
adoption of this method of sale because their laws prohibited it. The
implementation of temperature compensation will be a slow process
primarily because there is not an existing nationally approved
temperature-compensation device, and NIST HB 44 must be revised to set
forth the specifications, tolerances, and other technical requirements
for this technology. NTEP will then need to undertake this work where
needed. The Committee acknowledged that some states may move ahead with
their own type approvals to allow temperature compensation. The majority
of the Committee believed the proposed method of sale was ready for NCWM
adoption as there was not a reasonable justification for delaying the
adoption of the proposal as presented. Therefore, the Committee
recommended adoption of this item. This item was subjected to a lengthy
discussion at the general voting session and several issues were raised
along with calls for further study. The vote in the House of
Representatives was 23 yeas and 16 nays while the vote in the House of
Delegates was 24 yeas and 16 nays; therefore, the item did not garner
enough support to pass. When an item does not clearly pass or fail under
NCWM procedures, it is carried forward for reconsideration by the
appropriate committee.

At the 2008 Interim Meeting, the Committee considered the
recommendations and comments received from the consumer groups,
petroleum marketers associations, and independent business operators on
this issue. The Committee received written comments (refer to L&R
Appendix A from the report of the 93^rd^ NCWM Annual Meeting (2008) for
written comments received on this item). During the open hearings, the
committee received comments, opinions, and concerns from more than 36
attendees. Opponents of the regulation argue that it may put the small
business owners out of business due to the cost to retrofit their older
equipment. A majority of the opposing comments argued that consumers
would pay more for fuel at the pump to cover the implementation of ATC
and that they would receive no benefit from the change in methods of
sale. The comments also expressed concern that weights and measures
officials would burden their already strained resources because of the
additional time that would be needed to test pumps equipped with ATC.
There was a recommendation that, if the proposed method of sale were
adopted, an exemption be included for the small business owner. Several
speakers said the only winners in ATC are the equipment and testing
companies, lawyers, and lobbyists.

Supporting comments were received from a few state and local officials,
an organization of independent truckers and a consumer advocacy group.
Supporters argued that consumers obtaining gas in "hot spots" are not
getting what they pay for when they purchase fuel. A few jurisdictions
requested that the NCWM act to provide a uniform national standard
should retailers begin selling on the basis of temperature compensated
deliveries in states where the practice is permissive. Concern was
voiced over the possibility that national uniformity in the method of
sale of fuels at retail will diminish if some jurisdictions allow
temperature compensation at retail stations while others do not. It was
decided to make this item Informational, so that additional information
and data could be received.

[]{.mark}

At the 2008 Annual Meeting it was reported that the California Energy
Commission (CEC) is conducting a study entitled "AB868 Fuel Delivery
Temperature Study." One of the goals of this study will be to determine
what impact ATC will have on consumers, businesses, agencies and the
marketplace within the State of California. The CEC advisory panel held
three public meetings prior to the NCWM Annual Meeting in July. In
September 2008, the CEC panel has plans to publish preliminary staff
findings and recommendations. Two members requested that this item be
developed to assist states where ATC is prohibited by a state law or
regulation.

[]{.mark}

The Government Accountability Office (GAO) is actively working on a
study on ATC. GAO submitted the following statement to the NCWM since
they were not able to attend the 2008 NCWM Annual Meeting.

> At the request of the Chairman of the House Committee on Science and
> Technology, the United States Government Accountability Office (GAO)
> is conducting a review of the issues surrounding automatic temperature
> compensation in the retail sales of motor vehicle fuels. This fall the
> GAO plans to release a report that provides information on 1) the
> views of stakeholders on the costs related to the use of automatic
> temperature compensation devices; 2) who would bear the costs of
> implementation and the support for those views; 3) other factors that
> might affect the decision of whether or not to install such devices;
> and 4) the reasons some states and nations have promoted or rejected
> implementation of automatic temperature compensation. In its work GAO
> has or will interview stakeholders including state, federal, and
> international officials as well as representatives of industry and
> consumer organizations.

[]{.mark}

The Committee will continue to monitor the progress of the CEC and GAO
studies. The Committee agrees with the majority of the comments that the
cost and benefits of temperature compensation at the retail level are
still unknown. The members unanimously agreed that further information
is needed before a proposal for a temperature compensation method of
sale can be considered by the NCWM. For the reasons detailed above and
in the written comments (refer to L&R Appendix A from the report of the
93^rd^ NCWM Annual Meeting (2008) for written comments received on this
item), this item was kept in Informational status.

The CEC canceled the September 19, 2008 and October 27, 2008 Fuel
Delivery Temperature (AB868) study committee workshops. CEC will hold a
workshop on Tuesday, December 9, 2008. The final AB868 report is
scheduled to be delivered to the California Legislature on
February 12, 2009.

The GAO report was released in October 2008. The report can be viewed at
[www.gao.gov/new.items/d081114.pdf](../www.gao.gov/new.items/d081114.pdf)
(refer to Table B Appendix A). The report summarizes that there is
technology available to compensate for the effects of temperature on gas
volume but the costs to implement ATC remain unclear. Benefits of ATC
reflect improved measurement accuracy and greater equity between
retailers and consumers. For those that oppose ATC it is argued that the
cost to upgrade existing equipment would pose an economic hardship on
retailers.

Information on the consideration of this item by the Regional
Associations following the NCWM Annual Meeting in July 2007 is presented
below. Items are broken out by region with the earliest information
appearing first in the report.

**Central Weights and Measures Association (CWMA):** This is an excerpt
from the report of the CWMA's Laws and Regulations Committee, which
considered this item at its 2007 Interim Meeting in Bettendorf, Iowa, on
September 16 ‑ 19, 2007. (Full report is available at
www.ncwm.net/central/lr/lr_2007_interim.doc.)

The CWMA L&R Committee reported that it received:

> \...considerable testimony both in support and opposition of the
> Temperature Compensation proposal during the open hearings. Many
> industry representatives opposed the item due to the anticipated cost
> of equipment and the lack of data that supports whether a better
> system of measurement is worth the cost. The CWMA L&R Committee cannot
> support the item as proposed due to the considerable opposition to the
> permissive language. Several state regulators feel that if permissive
> is adopted, it will be implemented in the northern states, not in the
> southern states where there appears to be more pressure to implement
> temperature compensation. A good example of this was given that in
> Canada where temperature compensation is allowed, it is not widely
> used in areas west of the Rockies where the climate is more temperate.
> The Committee further feels that making the item "Informational" will
> not resolve the issue. The most requested information of a
> cost-benefit analysis is not currently being conducted by any
> organization. Although several statements were made that temperature
> compensation may be a more equitable method of sale, many stated that
> it is not "perfect" nor will it resolve current issues of fraud such
> as artificial heating of fuel. To address the concern of "hot spots,"
> the Committee discussed the option of amending the proposal to exclude
> sales at retail based upon the flow rate of dispensers as previously
> proposed. The Committee feels that another potential solution for a
> more equitable method of sale is to formulate an alternate proposal to
> change the method of sale to mass. Technology exists to sell motor
> fuel through mass flow meters. This method of sale would be more
> equitable for all types of fuel including alternative fuels which
> would allow consumers to make value comparisons. The Committee expects
> that the ATC Steering Committee will provide more information which
> will provide direction to the conference on this issue. We look
> forward to their information which will provide answers to many
> questions. Based upon the testimony heard, the Committee recommends
> that the item be Withdrawn. Note: In response to the ATC Steering
> Committee request, the CWMA L&R Committee suggests that if this
> proposal goes forward as a Voting item, that there be a mandatory
> implementation date with little to no permissive period as a
> transition.

At the CWMA 2008 Annual Meeting, the L&R committee recommended that this
item continue to remain Informational. They heard from an industry
representative that this item does not resolve the issue of consumers
being shorted at the pump. This representative further commented that
there are alternative methods for measuring BTU contents, but does not
support these alternative methods. A regulatory official opposed the
word "permissive."

During the CWMA Interim Meeting held September 14 ‑ 17, 2008, in
Rock Island, Illinois, the CWMA L&R Committee continued to oppose the
word "permissive" in the current language of this proposal. In addition,
they would like to review the GAO and CEC reports to assess their
relevance.

**Northeastern Weights and Measures Association (NEWMA):** This is an
excerpt from the report of the Laws and Regulations Committee meeting
held at that association's 2007 Interim Meeting in Springfield,
Massachusetts, on October 9 ‑ 10, 2007.

> It is clear from the majority of comments received (both in written
> and oral form) that strong opposition exists to the item as proposed,
> especially the inclusion of permissive ATC sales. NEWMA could not
> support an item which allowed for two methods of sale. Confusion would
> be widespread. Additionally, the item raises far too many questions
> and uncertainties that to date have not been answered. Further
> research must be conducted to answer those questions. The National
> Conference on Weights and Measures is an organization made up of
> weights and measures officials and industry representatives that
> consistently over the years has worked as a consensus organization. A
> consensus on this item does not exist and the item should be
> Withdrawn. Making the item "Informational" would not bring us to the
> needed consensus.

At the 2008 NEWMA Annual Meeting this issue was discussed extensively.
NEWMA would like to see wording developed in the method of sale to
assist states where ATC is prohibited by state law or regulation. In the
past, NEWMA had recommended a method of sale of gross gallons at retail
only. They would like to have further development of the method of sale
of gross gallons at retail. This could possibly be reviewed as a
separate item.

NEWMA held their 2008 Interim Meeting October 15 ‑ 16 in Springfield,
Massachusetts, members discussed the viability of submitting a proposal
to NCWM to mandate that all sales of retail motor fuel be sold by "gross
gallons" (ambient temperature). This would counter the argument "if it
is not prohibited, then it is permitted." Also, it would exempt states
which choose to permit ATC. The consensus of NEWMA is that ATC should be
a "state issue." Although the majority of members would be comfortable
with this, it was debated whether the "timing" of such a proposal may be
premature. The debate resulted with a consensus to develop the proposal
and postpone any action with it until the California (CEC) study is
complete.

The GAO report was released in October 2008, and after reviewing this
report NEWMA members were disappointed by its conclusion. Comments
within the report included "the continued uncertainties outlined by the
GAO support the argument that no action be taken to adopt Automatic
Temperature Compensation."

NEWMA recommends that this item remain Informational.

**Western Weights and Measures Association (WWMA):** The WWMA had an
Annual Meeting September 9 ‑ 13, 2007, in Lake Tahoe, Nevada. It voted
to recommend that the Committee move a modified version of the original
proposal forward as a Voting item at the 2008 NCWM Annual Meeting. The
WWMA recommended removal of the term "Permissive" from the title in
Section 2.30. ***Refined Petroleum Products -- ~~Permissive~~
Temperature Compensation***. The full report is available from NIST WMD.

WWMA met in Anchorage, Alaska, September 7 ‑ 11, 2008. It recommended
that this item continue to remain Informational. WWMA would like to
review the CEC report. It was requested from an industry representative
that NCWM work on developing a temperature statistical analysis and to
define "what is the problem" and "what is the solution" to this issue.
Industry voiced concern on the cost of implementing ATC and how it will
affect the retailers and consumers. On the other hand, a state W&M
official expressed that something should be in place for when ATC does
become available and used in the marketplace.

**Southern Weights and Measures Association (SWMA):** The SWMA held its
Annual Meeting October 21 ‑ 24, 2007, in Little Rock, Arkansas. It voted
to recommend that the Committee move a modified version of the original
proposal forward as a Voting item at the 2008 NCWM Annual Meeting. The
amendments and other changes proposed by the SWMA are presented below.
(The full report is available from the NIST L&R Technical Advisor)

> The SWMA L&R Committee heard opposition to permissive temperature
> compensation for retail and other meters during the open hearing
> primarily from industry representatives many of whom suggested that
> further study was needed to determine if the cost versus benefit
> justified adoption of the original proposal. The Committee agrees that
> more information would be helpful in determining the value of using
> ATC on retail motor-fuel dispensers that are marked to deliver less
> than 30 gallons per minute. Several comments called for the withdrawal
> of the item but the Committee recognized that the item will be on the
> NCWM L&R Interim Agenda in 2008 because it was carried over from the
> 2007 Annual Meeting and because the Western Weights and Measures
> Association supported adoption of the original item at its recent
> meeting. The Committee also believes that withdrawing this item as
> some regions have suggested would only delay consideration of this
> issue, which has been on the NCWM agenda in one form or another for
> almost a decade, because the item would likely be resubmitted by a
> regional association. There were other comments recommending that no
> further action be taken on this item or that it be tabled. One comment
> suggested that the original proposal be amended to limit the method of
> sale to Loading-Rack Meters, Vehicle-Tank Meters and Retail Dispensers
> which are marked to deliver 30 gallons per minute or more (which are
> typically used in making larger quantity deliveries at truck stops).
> The Committee believes that separating large flow meters (some of
> which are already equipped with ATC) from the proposal may reduce the
> opposition to the proposed method of sale for ATC. A majority of the
> Committee recommends the following to the SWMA for adoption.

SWMA recommendation to the NCWM L&R Committee:

1.  Remove the word "Permissive" from the title of the proposed method
    of sale for ATC.

2.  Divide the item into two separate proposals.

    a.  For retail motor-fuel dispensers marked to deliver less than
        30 gal/min, make it Developmental and recommend that the NCWM
        ATC Steering Committee lead or coordinate a study to determine
        if the cost/benefit justifies the implementation of ATC.

    b.  For retail motor-fuel dispensers marked to deliver 30 gal/min or
        more, amend the method of sale proposal and establish a
        mandatory implementation date. The SWMA recommends that the NCWM
        L&R Committee move this item for adoption at the 2008 Annual
        Meeting with the following amendments:

        i.  Amend Section 2.30.2. to read: When products are sold on the
            basis of temperature-compensated volume through Loading-Rack
            Meters, Vehicle-Tank Meters and Retail Motor-Fuel Dispensers
            marked to deliver 30 gal/min or more.

        ii. Add an implementation date of 10 years from date of
            adoption.

The SWMA held its Annual Meeting in Atlanta, Georgia,
October 5 ‑ 8, 2008. The Committee supports this item to remain
Informational until they can review the reports and documentation issued
by (CEC).

**METHOD OF SALE PROPOSAL DEVELOPED BY THE NCWM ATCSC**

The Method of Sale is presented in two parts. Part I includes a proposed
method of sale developed by the NCWM Automatic Temperature Compensation
Steering Committee (ATCSC). Part II includes the original recommendation
for a method of sale developed by the Committee at the 2007 Interim
Meeting. Part II was not adopted at the 2007 NCWM Annual Meeting.

**Part I. Automatic Temperature Compensation Steering Committee (ATCSC)
Background and Recommended Method of Sale**

**Background:** The ATCSC held a meeting August 27 ‑ 29, 2007, in
Chicago, Illinois, to address issues associated with potential
implementation of ATC for retail motor fuel. Valuable input was received
during that meeting from marketers, manufacturers, consumers, and
regulatory officials. Following the meeting, the ATCSC continued to
receive input from the four regional weights and measures associations.

It is not the charge of the ATCSC to endorse or oppose the
implementation of ATC at retail. The ATCSC is tasked with addressing
issues associated with the implementation of ATC to assist the NCWM
membership in coming to a consensus on the issue. The proposals of the
ATCSC reflect the committee's opinion on the best approach to ATC if
NCWM votes to implement it.

The ATCSC considered the following discussion points in forming a
proposal for the Method of Sale Regulation:

**1. Permissive vs. Mandatory ATC**

In cold climates, voluntary introduction of ATC can be fairly
successful. In regions where fuel temperatures average below 60 °F, a
retailer who implements ATC could lower the unit price while maintaining
the same profit margin. This acts as an enticement for retailers to take
that step. Conversely, in regions where fuel temperatures average above
60 °F, retailers would find it necessary to raise the unit price to
maintain profit margins. As a result, it could be expected that, under a
permissive implementation, cooler regions will see implementation of ATC
while warmer climates will not. In regions where there is no definite
advantage one way or the other, it is possible that consumers will find
price and quantity comparisons impossible between retail outlets that
compensate and outlets that do not.

The preamble to the Method of Sale Regulation states, "The purpose of
this regulation is to require accurate and adequate information about
commodities so that purchasers can make price and quantity comparisons."
The ATCSC is convinced that introduction of ATC in the marketplace
without making ATC mandatory is in direct conflict with the purpose of
the regulation. Therefore, the ATCSC proposal provides a transition to
ATC where the equipment is made available, followed by a period of time
when ATC may be implemented (turned on), followed by a date when ATC
would be mandatory. The timeline for this transition should provide a
reasonable timeframe for natural replacement of the majority of
dispensers in the country.

It is unclear whether ATC would provide a cost savings to consumers in
the United States; the ATCSC believes we must make this decision based
on facts and data. ATC is a superior method of measurement that provides
a higher degree of transparency in unit pricing. With mandatory ATC at
retail, consumers would have assurance that, no matter where they choose
to purchase motor fuel, the price stated represents a gallon at 60 °F.
This level of transparency does not exist in a gross gallon market or a
permissive ATC market.

**2. Referencing 60 °F and 15 °C**

The ATCSC realized that the difference between 60 °F and 15 °C is
relevant and must be rectified. Testimony disclosed that many
international markets have established 60 °F as the reference
temperature. This practice is also implemented throughout the U.S.
distribution of petroleum products. One option is to only reference
60 °F, but this approach conflicts with the NCWM's commitment to
acknowledge the metric system. To balance the need to recognize the
metric system without disrupting the current marketing practices
throughout the production and distribution system in the United States,
the ATCSC recommends referencing 60 °F with the metric equivalent of
15.56 °C. The ATCSC proposes the use of 60 °F (15.56 °C) as the
reference temperature for both gallons and liters to maintain a common
reference temperature in the United States when both gallons and liters
are used. However, the ATCSC recognizes that when liters are used as the
volume measurement unit in other countries, then the reference
temperature of 15 ºC is used. The ATCSC recommends that other parties
provide input to the NCWM committees on this subject for further
discussion.

**3. Establish Standardized Product Densities for Calculating Volume
Correction Factors**

To implement ATC for retail motor fuel, there must be an agreement on
product densities to be used in volume correction factors. In late July
2007, the ATCSC conducted an outreach to accumulate data on the
densities for various products falling under ASTM Committee D02
standards across the United States. Outreach went to weights and
measures jurisdictions, the Alliance of Automobile Manufacturers, and
the American Petroleum Institute. The ATCSC also considered standard
densities used in Canada for temperature compensation. The ATCSC set out
to use this data to develop a single set of standard densities to be
used throughout the country for volume correction factors. Details of
this item can be reviewed in the reports of the ATCSC, which are
available at [www.ncwm.net](../www.ncwm.net) on the Internet.

There was much discussion on whether to reference standard density as
Canada has done, or reference standard API gravity as is done throughout
much of the U.S. petroleum market. Ultimately, the ATCSC has opted to
reference standardized API gravity for the following products based on
the density data it has reviewed.

-   62 API for gasoline, including ethanol blends up to E10

-   37 API for No. 2 diesel, including biodiesel blends up to B20

More data are needed to determine standard densities for additional
products such as No. 1 diesel and higher blends of biodiesel and
ethanol.

**4. Disclosure -- Street Signs, Dispensers, Receipts or Invoices, and
Other Advertisements**

Based on comments the ATCSC received, the following issues were
considered regarding disclosure when ATC is in use.

-   Terminology needs to be uniform to assist consumer recognition.

-   Disclosure on street signs must be prominent to be seen and not too
    wordy to allow for easy recognition by motorists while operating
    their vehicles.

-   Disclosure on the dispenser should be near the display of volume
    delivered.

-   Any other advertising of unit price for motor fuel should also
    disclose if it represents the price of temperature-compensated
    volume.

-   Examples were provided of disclosure labeling for dispensers in
    Canada for the ATCSC's consideration.

The ATCSC recommends a simple, uniform, and prominent display of "ATC"
on street signs. It will eventually become understood and recognized by
motorists. For disclosure on dispensers, receipts, or invoices, the
ATCSC recommends the statement, "Volume Corrected to 60 °F." This
follows the model found in Canada and seems to be clear and concise.

**5. Implementation**

Following the August 27 ‑ 29, 2007, meeting of the ATCSC, its members
suggested several options that could be considered to address the
implementation of ATC in the United States. The ATCSC discussed
different proposals and comments made at the meetings of the regional
weights and measures associations on this subject. While it is not the
charge of the ATCSC to endorse or oppose the implementation of ATC at
retail, it is tasked with addressing issues associated with the
implementation of ATC. The proposal will also allow ATCSC to assist NCWM
membership in coming to consensus on the issue. Hence, the ATCSC
discussed the various options again and has decided to recommend a
single option to the NCWM's Specifications and Tolerances Committee and
Laws and Regulations Committee for consideration.

The recommended option is shown below.

**Implementation Option:**

  ------------ ------------------------ --------------- -------------- -------------
  **NTEP       **Status quo; companies  **all new       **Permissive   **effective
  approval**   may purchase dispensers  retail fuel     ATC Use        date;
               with ATC, but use of the dispensers must Phase**        mandatory use
               ATC feature is           be equipped                    of ATC**
               controlled by individual with ATC**                     
               states**                                                

  ------------ ------------------------ --------------- -------------- -------------

**Discussion (ATCSC):** The ATCSC believes that if temperature
compensation is adopted for the retail sales of refined petroleum
products, then the ultimate goal is to have mandatory use of ATC to
provide a single method of sale. The time period before the mandatory
use of ATC is a debatable point. The ATCSC recommends that 10 years
after the adoption of an ATC method of sale, using temperature
compensation should be mandatory. During the first 7 years after
adoption, the use of ATC should be controlled by the individual states
based upon existing state laws and regulations. A relatively short
period of time (2 years) is suggested during which new dispensers must
be equipped with ATC capability before permissive use of ATC would be
permitted. This will allow station owners to decide, based on their
business needs and plans, when to buy dispensers equipped with ATC and
this limits the time period during which they could not use the feature
after being purchased. This requirement should be placed in NIST HB 44,
as a nonretroactive requirement, to address this design requirement.

The time period for the permissive use of ATC should be kept reasonably
short to reduce the potential confusion that may exist in the
marketplace when both compensated and uncompensated sales occur. One
year is a recommended time period for the permissive use of ATC. The
ATCSC discussed whether to have different implementation dates for large
and small service stations based upon throughput. The ATCSC recommends a
single implementation date for all service stations to reduce the time
period during which gasoline and diesel fuel will be sold in compensated
and uncompensated volumes. A short time period must be provided for the
permissive use of ATC. Time is needed to activate the ATC capability in
dispensers equipped with ATC and to allow service companies and weights
and measures officials to test the accuracy of dispensers equipped with
ATC.

Under this implementation plan, there will be a 7‑year period of
continued uncertainty regarding the legal method of sale of these
products. Some have argued that the lack of definitive language in
setting a method of sale means that any volume unit is acceptable,
compensated or uncompensated. This is based on the principle that laws
proscribe activity. All other activities, not proscribed, are legal.
Another interpretation is the broad policy change made by the NCWM in
1969 and 1970 in adopting specific language on ATC use. Language in NIST
HB 44 was clear and directed specifically, and solely, to wholesale
sales of petroleum products and for both wholesale and retail sales of
LPG products. The ATCSC believes that inevitably each state will have to
resolve this issue, unless it is resolved for us through federal class
action suits currently pending.

**Alternative Proposal for a Method of Sale for Engine Fuels and
Non-Engine Fuels**

**Source:** The NCWM Automatic Temperature Compensation Steering
Committee (ATCSC).

**[2.31. Engine Fuels and Non-Engine Fuels.]{.underline}**

> **[2.31.1. Definitions.]{.underline}**

2.31.1.1. Engine fuel -- any liquid or gaseous matter used for the
generation of power in an internal combustion engine.

2.31.1.2. Non-engine fuel. -- any liquid or gaseous matter used for the
generation of heat, power, or similar uses.

2.31.1.3. Temperature correction. -- the process of correcting volume
measurements at any temperature to an equivalent volume at a reference
temperature.

2.31.1.4. Net volume. -- the volume after temperature correction.

2.31.1.5. Gross volume. -- a volume measurement that has not been
subject to temperature correction.

> **[2.31.2. Quantity.]{.underline}**

2.31.2.1. Quantity, Wholesale Transactions.

(a) **[All engine fuels and non-engine fuels shall be sold, offered, or
    exposed for sale to wholesale customers either in terms of liquid
    volume in liters or gallons or barrels, or in terms of liquid volume
    automatically temperature corrected to 60 °F (15.56 °C) in liters or
    gallons or barrels.]{.underline}**

(b) **[Effective January 1, 200X, all engine fuels and non-engine fuels
    shall be sold, offered, or exposed for sale to wholesale customers
    in terms of liquid volume automatically temperature corrected to
    60 °F (15.56 °C) in liters or gallons or barrels.]{.underline}**

(c) **[When engine fuels and non-engine fuels are sold temperature
    corrected to wholesale customers:]{.underline}**

    1.  **[Correction shall be made automatically for the fuel
        temperature either based on the fuel standard density and
        reference tables specified in Table 2.31.X. or based on the
        actual measured density of the fuel and using reference tables
        specified in Table 2.31.X.]{.underline}**

    2.  **[If using a measured density, the seller shall maintain
        records of the density determination for one year and shall make
        those records available for inspection by a weights and measures
        official on request during normal business hours.]{.underline}**

    3.  **[All primary indications of net volume quantities on measuring
        devices and all receipts, invoices, bills of lading, and other
        transfer documents shall clearly and conspicuously identify net
        volume quantities with the unit of measure and the terms "Volume
        corrected to 60 °F" or "Volume corrected to
        15.56 °C."]{.underline}**

    4.  **[Unless otherwise agreed to by both the buyer and seller in
        writing, engine fuels and non-engine fuels sold temperature
        corrected shall be sold in that manner over at least a
        consecutive 12‑month period.]{.underline}**

2.31.2.2. Quantity, Retail Transactions.

(a) **[Effective January 1, 2XXX, all engine fuels and non-engine fuels
    identified in Table 2.31.X. shall be sold, offered, or exposed for
    sale to retail customers either in terms of liquid volume in liters
    or gallons, or in terms of liquid volume automatically temperature
    corrected to 60 °F (15.56 °C) in liters or gallons.]{.underline}**

(b) **[Effective January 1, 2XXX, all engine fuels and non-engine fuels
    identified in Table 2.31.X.]{.underline}** []{.mark}**[shall be
    sold, offered, or exposed for sale to retail customers in terms of
    liquid volume automatically temperature corrected to 60 °F
    (15.56 °C) in liters or gallons.]{.underline}**

(c) **[When engine fuels and non-engine fuels are sold temperature
    corrected to retail customers:]{.underline}**

```{=html}
<!-- -->
```
(1) **[Correction shall be made automatically for the fuel temperature
    based on the fuel standard density and reference table in
    Table 2.31.X.]{.underline}**

(2) **[All primary indications on measuring devices and all receipts,
    invoices, and other transfer documents shall clearly and
    conspicuously identify net volume quantities with the unit of
    measure and the terms "Volume corrected to 60 °F" or "Volume
    corrected to 15.56 °C."]{.underline}**

(3) **[If a fuel is sold temperature corrected from a measuring device
    at a business or fleet location, all sales of the same fuel from
    that business or fleet location shall be sold temperature corrected
    over at least a consecutive 12‑month period.]{.underline}**

(4) **[All unit price advertisements shall be clearly and conspicuously
    marked with the term "ATC."]{.underline}**

+---------------------+-------------------------+----------------------+
| **[Table 2.31.X.    |                         |                      |
| Reference Tables    |                         |                      |
| and Fuel Densities  |                         |                      |
| for Temperature     |                         |                      |
| Correc              |                         |                      |
| tion]{.underline}** |                         |                      |
+---------------------+-------------------------+----------------------+
| **[                 | **[Reference Table for  | **[Standard Fuel     |
| Fuel]{.underline}** | Wholesale or Retail     | Density for Retail   |
|                     | Temperature             | Transac              |
|                     | Co                      | tions]{.underline}** |
|                     | rrection]{.underline}** |                      |
|                     |                         | **[(optional density |
|                     |                         | for wholesale        |
|                     |                         | transact             |
|                     |                         | ions)]{.underline}** |
+---------------------+-------------------------+----------------------+
| **[Gasoline,        | **[API                  | **[62 API            |
| gasoline-oxygenate  | Table 6b]{.underline}** | (730 kg/             |
| blends              |                         | m^3^)]{.underline}** |
| (3.7 mass percent   |                         |                      |
| oxygen, maximum),   |                         |                      |
| gasoline ethanol    |                         |                      |
| blends (10 volume   |                         |                      |
| percent             |                         |                      |
| maxi                |                         |                      |
| mum)]{.underline}** |                         |                      |
+---------------------+-------------------------+----------------------+
| **[Diesel Fuel      | **[API                  | **[37 API            |
| (grade 2‑D),        | Table 6b]{.underline}** | (840 kg/             |
| biodiesel blends    |                         | m^3^)]{.underline}** |
| (20 volume percent  |                         |                      |
| biodiesel,          |                         |                      |
| maxi                |                         |                      |
| mum)]{.underline}** |                         |                      |
+---------------------+-------------------------+----------------------+
| **[Other fuels      | **[\_]{.underline}**    | **[\_]{.underline}** |
| TBD]{.underline}**  |                         |                      |
+---------------------+-------------------------+----------------------+

**[(Added 200X)]{.underline}**

**Part II. Permissive Temperature Compensation for Refined Petroleum
Products and Other Fuels**

(The following text describes the original proposal which was returned
to the Committee after it was not adopted at the 2007 NCWM Annual
Meeting)

Sources: The Southern Weights and Measures Association (SWMA), the
Western Weights and Measures Association (WWMA), and the Central Weights
and Measures Association (CWMA).

Note: This or similar proposals, which have been on the Committee's
agenda for several years, were reviewed by each of the regional weights
and measures associations. The review process resulted in the submission
of several different proposals and numerous comments and suggestions for
the Committee to consider. Everyone expressed concern over the scope,
cost, and impact of establishing a method of sale for petroleum products
which required temperature compensation. This subject was widely
discussed by the NCWM at public forums dating back more than 30 years. A
similar proposal was made by NEWMA as recently as 2000, but the
Committee withdrew it in 2001. NEWMA noted at that time that
Pennsylvania, New Hampshire, Maine, and Canada permit
temperature-compensated sales of products like home heating fuel and
retail gasoline. Additional historic and background information is
available in previous editions of the Committee's agenda. For recent
discussions on this subject, see Item 232‑1 in the report of the
91^st^ NCWM An**nual Meeting (2006) on the Internet at www.nist.gov/owm.
This information is also available from NIST WMD on a searchable DVD,
NIST Special Publication 979 "Reports of the National Conference on
Weights and Measures 1905 to 2007," (Spring 2008).**

**Background:** At its 2007 Interim Meeting, the Committee received
correspondence from consumer groups and other organizations and heard
testimony from weights and measures officials, the petroleum industry
(including the American Petroleum Institute (API)), consumers and others
regarding temperature compensation of refined petroleum products. The
Committee appreciates all of the data, discussion, and especially the
high level of interest. The Committee acknowledges the media attention
this item has drawn, and the members were pleased to learn that some
agricultural commissioners and other policy makers, as well as some
governors and state attorneys general, have expressed interest in
temperature compensation.

Proponents for the item spoke for a need to improve the accuracy of
measurements of petroleum products because of their cost and of the need
to improve accountability. Opponents spoke to the cost of implementing
temperature compensation and the potential for confusion in the
marketplace. The Committee was made aware of legislation under
consideration in Missouri and Texas that would establish different
definitions for a gallon based on the ambient temperature in various
areas of their states. The Committee was especially sensitive to
concerns expressed by weights and measures inspectors about the
potential cost and increased inspection time they may expend if
temperature compensation is allowed in all applications, especially at
the retail level.

The Committee duly considered the presentations, discussions, letters,
data, media stories, comments received at public hearings and in
hallways, and the proposed legislation. The NCWM has posted this
information and information on the activities of its ATCSC at
[www.ncwm.net](http://www.ncwm.net/).

Following is a list of justifications for adopting a standard that will
facilitate the implementation of an orderly yet permissive approach to
allowing broader use of temperature compensation in the marketplace:

-   Cost of fuel has led to increased consumer and business interest in
    better methods of measurement, inventory control, and
    accountability. By now, everyone has realized or should realize that
    ambient temperatures are but one factor which impacts the volume of
    any liquid. Thus, basing a state's temperature-compensation program
    on regional ambient temperatures is not a technically valid approach
    to addressing the issue.

-   The use of dual-wall storage tanks and deliveries of fuel directly
    from refineries result in higher temperature product.

-   Awareness and concerns over the impact of temperature on the cost of
    fuel has come about at the same time advances in technology such as
    electronics and software have made compensation possible in both new
    and existing measuring devices at lower costs.

-   Increased consumer requests that temperature compensation be used,
    especially in high volume deliveries, for improved measurement
    accuracy.

-   The dramatic growth of public interest in recent years is evidenced
    by articles in many newspapers and widely-read magazines such as
    *Scientific America.* This national conversation about energy has
    led to greater consumer awareness, as well as interest on the part
    of political leaders, of energy issues and has contributed to
    creating an opportunity for change.

After a thorough discussion and polling by its chairman, the Committee
was unanimous that it would recommend to the NCWM the adoption of a
method of sale for refined petroleum products and other fuels. This
would allow industry the option of selling these products on the basis
of temperature-compensated sales. The decision to submit the permissive
temperature-compensated method of sale for NCWM consideration was
unanimous, the representative from the CWMA supported going forward with
the recommendation but did not agree with including retail sales in the
scope of the regulation. The Committee ultimately decided it was in the
best interest of the U.S. commercial measurement system if the NCWM
adopted a standard that would provide guidance to states considering
legislation in this area; thus, supporting the work of the
Specifications and Tolerances Committee, the National Type Evaluation
Program (NTEP), and others to develop technical requirements and test
procedures for both type approval and field testing for devices equipped
with temperature compensation. The Committee believed those efforts were
critical to facilitating the introduction of temperature compensation to
the marketplace, especially in NTEP states as the NCWM learned there
were no retail motor-fuel dispensers available with Certificates of
Conformance that included temperature compensation functions.

The following topics/considerations were addressed by the Committee:

**1. Temperature compensation was already legal for use in trade unless
prohibited by state or local requirements.**

The Committee was aware that temperature compensation was already
required or permitted in a number of states for vehicle-tank meters,
liquefied petroleum gas, and wholesale deliveries to retailers, and that
it had been used in the marketplace in these applications for decades.
At the WWMA Annual Meeting, the State of California reported that for
transactions involving 5000 gal or more, purchasers may request
temperature compensation; Idaho said that for transactions involving
8000 gal or more, the purchaser had an option to buy, on a yearly basis,
temperature-compensated product and that all terminal transactions were
temperature compensated; Arizona responded that any transactions
involving more than 5000 gal must be compensated for temperature; and
currently the State of Hawaii was the only jurisdiction that has taken
some action to account for temperature variations in retail sales. The
Committee heard enough supportive comments from a broad base of weights
and measures directors, inspectors, and metrologists to recognize that
temperature compensation may find broad acceptance in the marketplace,
especially once the potential benefits it offers were realized and
implementation costs fall.

The Committee also believed that unless prohibited by state law,
temperature compensation at retail dispensers was already legal in most
states. Additionally, the Committee believed it would be difficult to
argue against a measurement practice that could only improve the
accuracy and reproducibility of a volumetric measurement. The Committee
position was that legal metrology must not stand in the way of the
marketplace striving to change the way fuels and other products are
marketed and sold.

**2. Under a permissive approach consumers and businesses will decide
where and when to implement temperature compensation.**

The Committee was convinced the marketplace will best determine where
and when the benefits from temperature compensation should be
implemented to improve accuracy. The Committee recommended the adoption
of a method of sale that would allow temperature compensation to be used
in sales of petroleum products on a [permissive]{.underline} (voluntary)
basis, allowing the marketplace (e.g., industry, consumers and other
government agencies) to decide if and when it was appropriate to use
temperature compensation in specific commercial applications
(e.g., sales at truck stops). This recommendation was proposed solely
for the purpose of ensuring the delivery of an accurate volume of
petroleum at a specific reference temperature. It was not the intent of
the Committee to attempt to define a standard energy content of a liter
or gallon of gasoline or other engine fuel with this recommendation.

**3. Temperature compensation would be permissive, but controlled.**

Although the Committee's recommendation allowed for permissive use of
temperature compensation, it included mandatory provisions requiring
compensation be made by automatic means to ensure the measured quantity
was accurately determined. It also defined a temperature-compensated
volume for both liters and gallons, requiring the posting of information
on dispensers, street signs, and on documents to ensure full disclosure
and fair competition. Additionally, it required a business location to
have all of the devices operating on temperature compensation on a
year‑round basis unless a written waiver was granted by the Director.

**4. The basis of the Committee's recommendation was the proposal from
the WWMA.**

The Committee's recommendation was based on the proposal submitted by
the WWMA, which was developed at its 2006 Annual Meeting in
Salt Lake City, Utah. The Committee made several amendments to the
proposal, but found it represented a well-reasoned foundation for the
recommendation presented below. The CWMA L&R Committee supported the
WWMA's proposal and supported submitting it to the NCWM for a vote. The
CWMA agreed with the WWMA that temperature compensation is the most
equitable method of sale, which is currently utilized at every step of
distribution except for retail sales. Additionally, the CWMA believed
the proposal should not be restricted only to petroleum products, but
should also include alternative fuels such as E85, biodiesel and
biodiesel blends. The Committee's recommendation incorporated some of
the CWMA's suggestions and included additional requirements to address
many of the concerns raised at the 2007 NCWM Interim Meeting open
hearings and discussions. For the purpose of this recommendation, the
Committee used the definition for "refined petroleum products" as
presented in HB 130 *Uniform Engine Fuels, Petroleum Products, and
Automotive Lubricants Inspection Law* which reads, "products obtained
from distilling and processing of petroleum (crude oil), unfinished
oils, recycled oils, natural gas liquids, refinery blend stocks, and
other miscellaneous hydrocarbon compounds," with the understanding that
its intent was that the requirements would apply when petroleum was
blended with other products such as ethanol.

**5. Full disclosure will allow informed consumers to make value
comparisons.**

The Committee believes that consumers, when educated through marketing
and outreach efforts, will accept new technology and measurement
practices. When provided with sound information, consumers will gain
confidence that government oversight will prevent deceptive practices.
The Committee believes that full disclosure provisions of the method of
sale will reduce both unfair competition and consumer confusion. If, for
example, a truck stop offers temperature-compensated sales of diesel
fuel through high-speed dispensers for truckers, the road signs with
price per unit of volume (e.g., gallon or liter) and dispensers must
include a declaration that the volume is sold on the basis of
temperature compensation. If the price per gallon is higher or lower
than the usual price per gallon, consumers will be informed that the
volume was compensated to a reference temperature. Several people
expressed concern over marketplace confusion if diesel fuel is sold on
the basis of both compensated and uncompensated volume. It is incorrect
to say that there would be two methods of sale for the same product
under this recommendation just as it is inaccurate to say that some
consumers will not receive a "full" gallon if temperature compensation
is used as some opponents to this method of sale have claimed. The
reality is that consumers will be able to compare price per gallon
between stations and they will receive a "full" gallon as defined under
the Method of Sale of Commodities Regulation. While confusion is
possible with any method of sale, the Committee was not deterred by that
possibility. If confusion occurs, the proper response is to educate
consumers and address any changes identified from the confusion through
further refinement of the method of sale. In this application, full
disclosure will inform consumers that one product is sold on the basis
of temperature compensation and one is not. When consumers are educated,
they can make sound value comparisons between these choices just as they
already make decisions when choosing between different brand name
products, octane ratings, additive offerings, and types of fuels.
Business and industry is also well equipped and very experienced in
educating its customers, whenever they introduce new products or
services to the marketplace. Should they decide to use the method of
sale, they should be sure to introduce it using an informative marketing
effort.

The Committee was urged to clarify that there may be situations in which
there is a valid contract where the price is based on the fuel being
sold on the basis of uncompensated measurement. The Committee agreed
with the comment that if a purchaser operating under such a contract
fills up at a location where the dispensers are temperature compensated,
the contract should prevail in those transactions. Similarly, the
Committee heard from the American Petroleum Institute (API) that it
should permit either uncompensated or compensated methods of sale at
loading-rack meters when such sales are under contract. The Committee
believes its proposal will not interfere with the contracts or
understandings that API described.

**6. Costs**

The Committee heard from some users that the lack of temperature
compensation was costing them great sums of money while industry
representatives said the cost of equipment and installation will cost
industry and, ultimately, consumers even larger amounts of money. The
cost of any NCWM action is a concern to the Committee, which must defend
its actions on both sides of any issue. However, it is very difficult to
give each side everything it wants in any recommendation. While the
Committee was concerned about cost, it was skeptical of the economic
claims from both sides in this debate. For example, at the 2007 Interim
Meeting one estimate of the cost of implementing temperature
compensation dropped nearly \$2 billion dollars once industry learned
that an alternative technology was available in the marketplace.

That is but one illustration of the weaknesses the Committee saw in cost
or damage claims over the years. It dates back to its work in the 1990s
on the price verification procedures where some groups claimed that
supermarkets were overcharging consumers billions of dollars a year. The
Committee never saw data that supported such claims; yet the damage
values received wide notice in the media. Some members of the NCWM may
remember the claims made during Congressional consideration of the
Metric Conversion Act of 1975 that changing to the metric system would
cost billions of dollars. In reality those high costs never
materialized, which was confirmed through several reliable studies. One
reason Congress made conversion to the metric system voluntary was to
allow industry to make changes as part of their normal equipment
replacement cycle. The automotive industry, for instance, found it cost
effective to make the change to metric units when purchasing replacement
equipment. Advancements in technology also made conversions easier or
allowed dual-unit displays on equipment as standard features. These
factors were key contributors in reducing costs.

Each state Director in the NCWM determines whether or not to incorporate
what is adopted by the NCWM into his state law or regulations, not the
Committee. Even states that adopt the Method of Sale of Commodities
Regulation by reference or citation can take action to exclude a
specific section of a uniform regulation that conflicts with other
requirements or policies. As for taking time for additional study, the
NCWM record on consideration of the issue of temperature compensation
dates back to the mid‑1970s and has arisen for consideration every few
years since then. The Committee was aware of the history, the issues,
the various points of view, and the potential costs of temperature
compensation, and believed it was time for the NCWM to move forward on
temperature compensation by establishing standards by which this method
of sale can be brought into the marketplace on a voluntary, yet
controlled, basis. The Committee also heard that no action should be
taken pending further studies. The Committee was wary of calls for no
action pending another study or action by Congress.

As one speaker alluded to in his presentation, the marketplace is to
some degree "intelligent" in that it helps address many factors through
its price-setting function and can generally be trusted to balance costs
and prices as well as justify investment in new technology and marketing
practices if there is a need, demand, or opportunity. A voluntary
approach will allow early adopters to develop experience and pull
advances in technology into the equipment market while competition and
other factors will reduce costs even further if the method of sale is
broadly adopted. The Committee believed a permissive approach to
temperature compensation turned the choice over to the marketplace
where, if consumer demand was sufficient, sellers would make a business
decision to invest in the technology and marketing according to the new
method of sale when the benefits offset costs.

**7. Limiting the option of temperature compensation to specific
applications**

The Committee received suggestions that temperature compensation be
limited to certain applications or not allowed in retail sales, but it
did not hear sufficient justification for taking such positions.
Temperature compensation is not new to the commercial measurement
system. It is widely used in wholesale transactions in many
jurisdictions, and consumers in many states have purchased LPG and oil
for heating and other uses for decades on the basis of
temperature-compensated sales. No information was presented to the
Committee that its use in those applications has been anything but
successful. The Committee recognizes that verifying devices with
temperature compensation may require additional inspection time and
require weights and measures officials to purchase thermometers or other
equipment for testing. However, those factors are not sufficient
justification to prohibit the marketplace from implementing this method
of sale. If a jurisdiction adopts this method of sale and a business
decides to use temperature compensation, the weights and measures agency
would need to obtain funding to implement appropriate testing procedures
to verify devices. However, the Committee would expect that innovation,
risk-based testing, and random sampling techniques, as well as
technology, would lessen the time required to conduct additional tests
just as those factors have reduced the burden of testing many weighing
and measuring instruments in the past.

**8. Permissive vs. Mandatory Implementation**

The Committee heard from the regional associations and others that
temperature-compensated sales should be implemented on a permissive
basis. The Committee opposed the inclusion of a future mandatory date at
this time. The Committee believed temperature-compensated sales should
be market driven and that suppliers will conduct sales on a compensated
basis when consumers demand it and should not be required to do so
before then. The Committee, based on the comments of many jurisdictions,
believed the imposition of a mandatory requirement was too burdensome on
the industry, requiring upgrades and possibly the replacement of many
meters without adequate justification.

The Committee agreed that a mandatory requirement would not be justified
at this point in time. The Committee felt it was important to get some
form of regulation regarding temperature-compensated sales of petroleum
into HB 130 and thought as many barriers as possible should be removed
in order to achieve that goal. Although the Committee's recommendation
is a permissive requirement for temperature-compensated sales, the
Committee was willing to consider establishing future mandatory dates if
a justified need was demonstrated after this permissive regulation was
implemented and used for a period of time.

**9. Comments Reviewed by the Committee at the 2007 Annual Meeting**

> a\. The Committee noted if the temperature compensation proposal was
> adopted at the 2007 Annual Meeting, it would go into effect
> January 1, 2008, in the 18 jurisdictions that indicated they
> automatically adopt that regulation by reference or citation (see 2008
> Edition of NIST HB 130, "II Uniformity of Laws and Regulations"
> (page 9) for a list of those states). The Committee recognized that if
> the recommendation was adopted in July 2007, some jurisdictions might
> want to delay its implementation or exempt that particular section
> from being automatically adopted. Since typically, rulemaking takes
> longer than six months to complete, the Committee debated whether or
> not it should include a delayed effective date of July 1, 2009, for
> this regulation but took no action on this issue.
>
> b\. The Committee discussed the subject of unscrupulous retailers
> artificially heating fuels and that this deceptive practice has
> occurred from time to time. The State of Arizona actually forbids the
> practice; however, the Committee did not address that issue in the
> following recommendation. The Committee considered if a prohibition on
> the artificial heating of fuels for the purpose of increasing volume
> at the time of sale should be added to the recommendation but no
> action was taken on this issue.

c.  The Committee asked to receive comments on whether or not the
    recommendation should allow the state director to grant (and, when
    justified, revoke) written waivers to some provisions if sufficient
    justification was provided by the business owner. The Committee
    discussed whether or not the requirement that all devices that
    dispense product at a single location might result in a hardship for
    some retailers or difficulties in implementing the new method of
    sale for specific customers (e.g., over-the-road truckers). For
    example, if a station decided to sell gasoline and diesel fuel on a
    temperature-compensated basis but also had a dispenser for
    K‑1 Kerosene, from which limited sales were made, a waiver from the
    temperature-compensation requirement on all dispensers could be
    justified. Likewise, if a chain of truck stops decided to sell
    diesel fuel on a temperature-compensated basis through its
    high-output dispensers to truckers (e.g., its prime customers), but
    did not want to implement temperature-compensated sales through its
    gasoline dispensers, a waiver could also be justified. The purpose
    of the requirement that all devices at a single location be
    temperature compensated or not was to prevent a retailer from
    selling through the compensated or uncompensated dispensers when it
    benefited the seller. The Committee agreed flexibility was warranted
    and could make acceptance of the method of sale easier to implement
    but took no action on this issue.

**Committee Recommendation:** Amend the Method of Sale of Commodities
Regulation in HB 130 by adding a new Section 2.30. Refined Petroleum
Products:

**[2.30. Refined Petroleum Products - Permissive Temperature
Compensation.]{.underline}**

> **[2.30.1. Where not in conflict with other statutes or regulations,
> these products may be sold on the basis of temperature-compensated
> volume.]{.underline}**
>
> **[2.30.2. When products are sold on the basis of
> temperature-compensated volume:]{.underline}**

a.  **[All sales shall be in terms of liters or gallons with the
    delivered volume adjusted to 15 °C or gallons with the delivered
    volume adjusted to 60 °F;]{.underline}**

b.  **[Temperature compensation must be accomplished through automatic
    means.]{.underline}**

> **[2.30.3. Full Disclosure Requirements.]{.underline}**

2.30.3.1. The primary indicating elements of measuring devices,
recording elements, and all recorded or display representations
(e.g., receipts, invoices, bills of lading, etc.) shall be clearly and
conspicuously marked to show that the product was delivered on the basis
of temperature-compensated volume;

2.30.3.2. When a product is offered for sale on the basis of
temperature-compensated volume, street signs or other advertisements of
its unit price must clearly and conspicuously indicate that the volume
is temperature compensated.

> **[2.30.4. Other Provisions.]{.underline}**

2.30.4.1. At a business location all sales on a temperature-compensated
basis shall be made continuously and for a period of not less than
12 months (e.g., a person may not engage the automatic temperature
compensator on a device only during certain times of the year to prevent
the person from taking advantage of temperature compensation).

2.30.4.2. At a business location which offers products for sale on the
basis of a temperature-compensated volume, all measuring devices shall
dispense on the basis of temperature-compensated volume (e.g., a person
must not operate some devices at a location with automatic temperature
compensators and others without compensators to prevent them from taking
advantage of temperature variations).

Annotations:

1.  [As defined in Handbook 130 Engine Fuels, Petroleum Products, and
    Automotive Lubricants Inspection Law, refined petroleum products are
    products obtained from distilling and processing of petroleum (crude
    oil), unfinished oils, recycled oils, natural gas liquids, refinery
    blend stocks, and other miscellaneous hydrocarbon compounds as well
    as biofuels such as E85 and biodiesel at various
    blends.]{.underline}

2.  [A temperature-compensated liter is defined as having a reference
    temperature of 15 °C and a temperature-compensated gallon is defined
    as 231 in^3^ at a reference temperature of 60 °F;]{.underline}

3.  [When a product is sold on the basis of a temperature-compensated
    volume, it is typically called "net" or "net volume," whereas the
    volume before compensation is called the "gross" or "gross
    volume."]{.underline}

4.  [The metric units are shown solely for the purpose of showing metric
    equivalents in this uniform regulation in this NIST handbook. There
    is no requirement that dual units be shown in any full disclosure
    information required under this section.]{.underline}

5.  [Temperature Compensation may be abbreviated (e.g., "Temp Comp," or
    "Compensated to 60 °F") in the interest of space as long as its
    meaning is clear.]{.underline}

6.  [The seller is not prohibited from providing both gross and net
    gallons on receipts, invoices, bills of lading or other
    documentation as long as it is not misleading or
    deceptive.]{.underline}

7.  [A "business location" means a single outlet and should not be
    interpreted to mean all of the outlets or locations that a business
    or company operates in a jurisdiction.]{.underline}

###### 237 ENGINE FUELS, pETROLEUM pRODUCTS AND AUTOMOTIVE LUBRICANTS INSPECTION Regulation

####### 237-1 Revise Section 2.1. Gasoline and Gasoline-Oxygenate Blends

**Source:** Chairman, Fuels and Lubricants Subcommittee/NIST Technical
Advisor

### **Background:** The proposed changes for the current Section 2.1. of the regulation are based on the belief by some members of the Subcommittee that there is ambiguity in the current regulation and a lack of acceptance of the current requirements by some states. Some of the members of the Subcommittee believe the uniform regulation should include a set of enforceable limits that provides consumers' protection yet builds a bridge to the future predominance of blend stock use.

1.  *Ambiguity in the Current Regulation* -- Discussions between
    regulators and industry, both during Fuel and Lubricants
    Subcommittee meetings and during the course of performing regulatory
    functions within the jurisdictions, have revealed that the current
    regulation has varying interpretations. The current regulation
    provides three options for blending.

    a.  Option 1 (***2.1.1.1.** **The base gasoline used in such blends
        shall meet the requirements of ASTM D4814***) is generally
        interpreted to mean that if the base gasoline meets the ASTM
        requirements, then the blend is exempt from all ASTM volatility
        control parameters when splash blending occurs downstream with a
        finished gasoline. Others suggest that, based on the wording,
        when blending under these conditions, the blend is exempt from
        any ASTM standards. Still others suggest that the section fails
        to clearly exempt the blend from any standards; therefore, they
        do not feel that this section provides the final blend with any
        relaxation from the ASTM standards.

    b.  Option 2 (***2.1.1.2.** **The blend shall meet the requirements
        of ASTM D4814***) is unclear to most readers that were not
        present when the rule was originally drafted. Obviously, a spark
        ignition engine fuel can certainly meet the ASTM standard and be
        compliant without question. In actuality, the rule was written
        to *require* that blends constructed at a refinery using ethanol
        as a blend stream component meet the ASTM standard.

    c.  Option 3 (***2.1.1.3.*** ***The base gasoline used in such
        blends shall meet all the requirements of ASTM D4814 except
        distillation, and the blend shall meet the distillation
        requirements of the ASTM specification***) is also unclear to
        many. This section was constructed by the original drafters of
        the rule to apply to blending with Blend Stock for Oxygenate
        Blending (BOBs). The original intent was based upon the fact
        that the blender knows the effect that the ethanol will have on
        the fuel, and the BOB should be manufactured with refinery
        stream components that will result in an ASTM-compliant fuel
        after the addition of the ethanol. Again, many readers do not
        understand this option and find that it is hard to distinguish
        from Option 2. The proposed revision combines Option 2 and
        Option 3 into a clear and concise statement.

2.  *Lack of Acceptance by States* -- The current model regulation has
    proven unacceptable to many states. According to a recent survey
    conducted, eleven states have adopted Section 2.1. into regulation
    with approximately five other states that have adopted similar
    versions of this section. Seven states have not adopted any
    **~~motor~~** **[engine]{.underline}** fuel quality standards. The
    remaining twenty-seven states have not adopted this section of the
    model regulation. This section has been available for states to
    consider since 1995. Thirteen years later, there remains
    considerable resistance by states to adopt the current language.

3.  *Sets an Enforceable Limit that Provides Minimum Consumer Protection
    and Builds a Bridge to the Future Predominance of Blend Stock Use*
    -- The proposed revision provides state regulators with limits that
    will provide at least minimal protection to consumers when ethanol
    is blended with finished gasoline and removes the ambiguity that was
    left in the original wording. Major oil companies have asked states
    for a compromise standard that can be reasonably met when blending
    finished gasoline with ethanol. This is needed now in many markets
    because ethanol blends are not established, and it is not practical
    for many reasons to ship blend stock and finished gasoline into
    those markets. The proposed revisions provide that compromise while
    maintaining the ability for regulators to react in the rare event
    that an abnormal base fuel is imported or entered into a marketplace
    and the gasoline blended with ethanol results in a blend that
    possesses unacceptable volatility characteristics that would result
    in vehicle operability issues. The proposed revision seeks to build
    a bridge to the time when ethanol blends may become the default fuel
    in a market place. At such time, it is likely that refiners will
    provide BOBs to those markets, and the resulting fuel would then be
    expected to meet ASTM standards. Finally, changes in the ASTM
    standards since the original regulation was passed also support a
    change in the model regulation. ASTM now allows a minimum T50
    Distillation point of 150 ºF for gasoline in volatility Classes D
    and E. It is generally accepted that if ethanol were blended with a
    base gasoline with a T50 of 150 ºF, the final blend would very
    possibly be problematic.

> **Recommendation:** Amend Section 2.1. of the Uniform Engine Fuel,
> Petroleum Products, and Automotive Lubricants Regulation by replacing
> the current text with the following:
>
> **[2.1. Gasoline and Gasoline-Oxygenate Blends. -- (as defined in this
> regulation) shall meet the most recent version of ASTM D4814 "Standard
> Specification for Automotive Spark Ignition Engine Fuel" except for
> ethanol blends as provided below and be consistent with state and
> federal laws and regulations.]{.underline}**
>
> **[2.1.1. When finished gasoline is used as the base gasoline for
> blending, the base gasoline used in such blends shall meet the
> requirements of ASTM D4814 and the ethanol shall meet the requirements
> of ASTM D4806. The finished blend shall meet ASTM D4814 with the
> following permissible exceptions:]{.underline}**
>
> **[2.1.1.1. The distillation minimum temperature at the 50 volume
> percent evaporated point shall not be less than 66 °C
> (150 ºF).]{.underline}**
>
> **[2.1.1.2. The Minimum Temperature for a Vapor/Liquid Ratio of 20
> shall be as follows for the applicable vapor lock protection
> class:]{.underline}**
>
> **[Class 1 shall be 51.5 °C (125 °F)]{.underline}**
>
> **[Class 2 shall be 49.0 °C (120 °F)]{.underline}**
>
> **[Class 3 shall be 45.0 °C (113 °F)]{.underline}**
>
> **[Class 4 shall be 41.5 °C (107 °F)]{.underline}**
>
> **[Class 5 shall be 37.0 °C (99 °F)]{.underline}**
>
> **[Class 6 shall be 35.0 °C (95 °F)]{.underline}**
>
> **[2.1.1.3. The maximum vapor pressure shall not exceed the D4814
> limits by more than 1.0 psi for:]{.underline}**
>
> **[(a) Only 10 % ethanol by volume blends (9 % minimum to 10 %
> maximum) from June 1 through September 15.]{.underline}**
>
> **[(b) All blends of up to 10 % ethanol by volume from
> September 16 through May 31.]{.underline}**
>
> **[2.1.2. When blend stock for ethanol blending is used, or when an
> ethanol blend is created with various refinery streams, the final
> blend shall meet the requirements of D4814 except that the vapor
> pressure requirements of 2.1.1.3. are permissible.]{.underline}**
>
> **[2.1.3. Blends of gasoline and ethanol shall contain no more than
> 10 volume percent ethanol.]{.underline}**

**Discussion:** The Fuel and Lubricants Subcommittee had met at the 2007
Interim Meeting in Jacksonville, Florida, to undertake a review of a
number of significant issues related to fuel standards. One of their
projects was to review and update the Uniform Engine Fuels, Petroleum
Products, and Automotive Lubricants Regulation in NIST HB 130 and submit
a draft revision of the regulation for consideration by the Committee at
the 2008 Interim Meeting.

The Subcommittee met at the 2007 NCWM Annual Meeting and continued its
work on a number of items including a substantive revision of the fuel
ethanol labeling requirement that the NCWM adopted at that meeting. The
Subcommittee met again on December 5, 2007, at the ASTM International
(ASTM) meeting in Phoenix, Arizona, and considered proposed amendments
to Section 2.1. as shown below but a consensus agreement could not be
reached at that meeting. The Subcommittee held a conference call on
January 15, 2008, to complete its work on the draft revisions of the law
and regulation and to consider the proposed revisions to Section 2.1.
Again, after extensive deliberation a consensus agreement on the
proposed revisions to Section 2.1. could not be obtained.

At the 2008 Interim Meeting comments were made during the open hearings
where stakeholders voiced their concerns that this item is not ready to
move forward. Stakeholders would like this item to go back to the Fuels
and Lubricants Subcommittee for additional work on the language. The L&R
Committee voted to make this item Informational and requested that the
Fuel and Lubricants Subcommittee reconsider this issue. If the
Subcommittee can resolve its differences on the proposal, it can submit
amendments to this section as part of the revision to the Engine Fuels
and Automotive Lubricants regulation under Item 237‑1 above (refer to
L&R Appendix B from the report of the 93^rd^ NCWM Annual Meeting (2008)
for written comments received on this item).

This item was sent to the full Laws and Regulations Committee for
consideration at the 2008 Interim Meeting on the recommendation of
NIST's Technical Advisor and with the agreement of the Subcommittee
Chairman. The section must be reviewed by the NCWM because the current
language may be in conflict with federal fuel waiver provisions.

At the 2008 Annual Meeting the Committee received one written comment
(refer to L&R Appendix B from the report of the 93^rd^ NCWM Annual
Meeting (2008) for written the comment received on this item). This
section will continue to remain Informational until additional
information is received from the Fuels and Lubricants Subcommittee.

At the CWMA 2008 Interim Meeting it was commented that the proposal
needs clarification to identify that this regulation applies to blends
containing up to 10 volume percent ethanol. They voiced this concern due
to the emerging use of ethanol blends between 10 % and 70 %. The CWMA
L&R Committee recommends this item remain Informational until the FALS
reaches consensus.

At the 2008 WWMA and SWMA Annual and the NEWMA Interim Meeting the
Committees recommend that this item remain Informational until work is
received from FALS.

Ron Hayes, Chairperson FALS, can be contacted at (573) 751‑2922 or at
ron.hayes@mda.mo.gov.

###### 260 NIST HANDBOOK 133

####### 260-1 Determining Net Weight Compliance for Meat and Poultry Products -- 9 CFR Parts 317, 381, and 442

**Background:** The United States Department of Agriculture (USDA), Food
Safety and Inspection Service (FSIS) issued a final ruling on 9 CFR
parts, 317, 381, and 442 (refer to Table B Appendix B) "Determining Net
Weight Compliance for Meat and Poultry Products" which state the
procedures set forth for determining "net weight compliance". This rule
which requires the use of the 4^th^ Edition of NIST HB 133 "Checking the
Net Contents of Packaged Goods" for use in all inspections of packages
of meat and poultry products subject to federal law and USDA regulations
effective October 9, 2008. Therefore, the incorporated provisions of
NIST Handbook 133 do not serve merely as compliance guidance, but are a
part of the meat and poultry products inspection regulations.

To be consistent with this final rule, state and local officials must
determine net weight compliance for meat and poultry products, including
single-ingredient, raw poultry, in a manner that includes the free
flowing liquids as part of the product and not part of the tare weight.

Currently the NIST WMD Technical Advisors are updating NIST HB 133
Section 2.3. "Basic Test Procedure" to be consistent with 9 CFR
parts, 317, 381, and 442. This will mean removing any reference to the
"wet tare" method for determining net weight of USDA restricted
products, since FSIS considers free-flowing liquid to be part of the
product.

###### 270 Other items -- Developing items

**INTRODUCTION**

The NCWM established a mechanism to disseminate information about
emerging issues which have merit and are of national interest.
Developing items have not received sufficient review by all parties
affected by the proposals or may be insufficiently developed to warrant
review by the NCWM L&R Committee. The Developing items listed are
currently under review by at least one regional association,
subcommittee, or work group (WG).

The Developing items are marked according to the specific NIST handbook
into which they fall -- HB 130 or HB 133. The Committee encourages
interested parties to examine the proposals included in the appendices
and to send their comments to the contact listed in each part.

The Committee asks that the regional weights and measures associations,
subcommittees, and WGs continue their work to develop fully each
proposal. Should an association, subcommittee, or WG decide to
discontinue work on a Developing item, the Committee asks that it be
notified. When the status of an item changes because the submitter
withdraws the item, the item will be listed in a table below. For more
details on items moved from the Developing items list to the Committee's
main agenda, refer to the new reference number in the main agenda.

####### 270-1 Amend Section 2.2.1. in Handbook 130 Uniform Engine Fuels Regulation - Premium Diesel Lubricity

**Source:** Southern Weights and Measures Association (SWMA) (See
Item 270‑5 in the Report of the 92^nd^ Annual NCWM Meeting in 2006)

**Background:** A member of the petroleum industry believed the test and
associated tolerances for lubricity on premium diesel specified in
Section 2.2.1.(d) were inconsistent with that for regular diesel.
Effective January 1, 2005, the test tolerance for regular diesel
lubricity was the ASTM D6079 reproducibility of 136 m (see
ASTM D975‑04b). The NCWM chose to accept the ASTM reproducibility limits
for all diesel (D975) and gasoline (D4814) properties (see
Section 7.2.2. Reproducibility), but chose a different reproducibility
limit for premium diesel lubricity without providing any explanation as
to why the ASTM reproducibility limit was insufficient. If the NCWM
intended to impose a stricter lubricity requirement for premium diesel,
it should have designated a tighter specification for this property, not
a different test tolerance (e.g., for regular and premium gasoline,
premium has a different octane specification than for regular, but the
test tolerance is the same). ASTM reproducibility limits were, by
definition, based on establishing a 95 % probability that product that
should pass, will pass. Applying an average test as specified in
Section 2.2.1.(d) reduced that probability to 80 %.

The Committee received comments from several members of the Premium
Diesel Work Group (WG) who did not support the item as presented by the
petroleum industry member. WG members believed the process that led to
the current definition was very thorough and complete and the premium
diesel lubricity requirements were established with a full understanding
of their implications. The WG members felt that knowledgeable
individuals provided input to the process, which led to the consensus
position contained in the current regulation. The work being done by the
WG was reported at meetings of ASTM Subcommittee E‑2 every six months.
The current regulation has been endorsed by the American Petroleum
Institute, the Engine Manufacturer's Association, and the NCWM.

Prior to the current requirement being adopted, the ASTM Lubricity Task
Force conducted a great deal of research on this topic. Based on their
research, the ASTM Lubricity Task Force concluded that a limit of 520 µm
would meet the requirements of equipment in the field. Since the passage
of this model regulation, ASTM included a lubricity requirement for
No. 1 and No. 2 diesel fuel effective January 1, 2005. The ASTM
requirement is also 520 µm.

WG members reported that when this regulation was written, fuels with
adequate lubricity provided a functional benefit to the end user. The WG
agreed with the ASTM Lubricity Task Force that 520 µm was the correct
limit to set for premium diesel. However, the WG's review process also
indicated increased pump wear for fuels with High-Frequency
Reciprocating Rig (HFRR) values greater than 560 µm. The current
reproducibility value of the HFRR test method would have placed
enforcement well beyond the 560 µm level, essentially allowing fuels
with little lubricity protection to be sold as "Premium." The WG
believed they could not recommend a premium fuel standard that would
permit excessive pump wear. Using the statistical tools provided in
ASTM D3244, the WG evaluated an enforcement limit of 560 µm. The
statistical tools indicated that a single laboratory reporting the
assigned test value would have an enforcement limit of approximately
80 % probability of acceptance, while the average of two separate
laboratories reporting the assigned test value would have an enforcement
limit of approximately 90 % probability of acceptance. It was agreed
that for a premium fuel the average of two test results was the best
approach given the current test methods and precision available.
Therefore, if a test exceeded 560 µm, then a second test must be run.
The average of the two tests must exceed 560 µm before a violation would
occur. At the 2005 WWMA meeting, the Fuels and Lubricants Subcommittee
agreed the proposal was the best approach at that time, and lacking new
information, it continues to hold that position.

[]{.mark}

**Discussion:** At the WWMA 2006 Annual Meeting, the WWMA L&R Committee
received only one comment regarding this item, acknowledging the ongoing
review by the Fuels and Lubricants Subcommittee. The WWMA noted that the
NCWM L&R Committee forwarded the proposal for review by the Subcommittee
and agreed this item should remain Developmental pending its
recommendation.

At its 2006 Interim Meeting, the CWMA indicated the NCWM Fuel and
Lubricant Subcommittee would make recommendations after ASTM improved
the test method's precision and after the conclusion of other tests. The
CWMA L&R Committee was awaiting the recommendation from the
Subcommittee.

During the 2007 Interim Meeting the Committee carried this item over as
an Information item. The Committee sent this proposal to the
Subcommittee and requested its recommendation on how to proceed with the
issue. The Subcommittee suggested this item remain on the agenda as an
Information item until further notice and reported that the activities
of ASTM International and the Coordinating Research Council were
continuing.

At the 2008 Interim Meeting the Committee carried this item over as a
Developing item. This proposal was sent to the Fuel and Lubricants
Subcommittee (FALS) for its recommendation on how to proceed with the
issue. FALS suggested this item remain on the agenda as a Developmental
item.

At the 2008 Annual Meeting there were no changes or recommendations
received from FALS. This item will remain Developmental and will await
further development from FALS.

At the CWMA 2008 Interim Meeting the Committee requested that this item
remain Informational pending release of the FALS recommendation,
Coordinating Research council study and the ASTM Lubricity Test Method
Task Force reports. At the NEWMA, WWMA and SWMA 2008 Annual Meetings the
Committees recommended that this item remain Informational from FALS.

NEWMA held their Interim Meeting in October 2008 where they heard from a
representative of the bio-diesel industry who briefed members on the
newly adopted FTC standards regarding bio-diesel products, including the
labeling of B‑5, B‑20, and B‑100. One member expressed a concern
regarding the "field testing" of bio-fuel blends and quality. This
member also expressed that not enough testing occurs with regard to
"octane quality" and that bio-blend testing would probably be conducted
even less.

**Proposal:** Amend Section 2.2.1. Premium Diesel Fuel in Handbook 130
Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants
Regulation. The following reflects the current text as it was modified
in 2003.

> **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 a 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 D613.
>
> \(b\) **Low Temperature Operability.** -- A cold flow performance
> measurement which meets the ASTM D975 tenth percentile minimum ambient
> air temperature charts and maps by either ASTM Standard Test
> Method D2500 (Cloud Point) or ASTM Standard Test Method D4539 (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 D6468 (180 min,
> 150 °C).
>
> \(d\) **Lubricity.** -- A maximum wear scar diameter of 520 µm as
> determined by ASTM D6079. If an enforcement jurisdiction's single test
> of more than 560 µm is determined, a second test shall be conducted.
> If the average of the two tests is more than 560 µm, the sample does
> not conform to the requirements of this part.

(Amended 2003)

For additional information, please contact Ron Hayes, FALS Chairman,
(573) 751‑2922 or
[[ron.hayes@mda.mo.gov]{.underline}](mailto:ron.hayes@mda.mo.gov) by
e‑mail.

####### 270-2 Amend Handbook 133 Section 2.3. Moisture Allowances to Provide Clearer Guidance

(See Item 270‑2 in the Report of the 93^rd^ Annual NCWM Meeting in 2008)

This item was added to the agenda of the Committee's Work Group (WG) on
Moisture Loss (refer to Table B Appendix C) following the 2008 NCWM
Interim Meeting. Also, see Item 270‑3 for an explanation of the WG's
role and responsibilities and discussion on this item.

####### 270-3 Laws and Regulations Committee Work Group (WG) on Moisture Loss

(See Item 270‑3 in the Report of the 93^rd^ Annual NCWM Meeting in 2008)

**Background:** An issue about NIST Handbook 133 raised during the WG
discussion was that the established moisture allowances listed in the
handbook are not shown in one location in the text. The following table
was prepared by NIST and may be considered for possible future inclusion
in the handbook at the next WG meeting. The new Table 1.3. Moisture
Allowances would bring all of the Moisture Allowance information
together in one location in HB 133. A sample of a USDA Seal of
Inspection was provided because NIST frequently receives inquiries from
field officials asking what the USDA seal looks like.

+-------------------+--------------------+-----------------------------+
| **Table 1.3.      |                    |                             |
| Moisture          |                    |                             |
| Allowances**      |                    |                             |
+-------------------+--------------------+-----------------------------+
| **If you are      | **The Moisture     | **Notes**                   |
| verifying the net | Allowance is:**    |                             |
| weight of         |                    |                             |
| packages of:**    |                    |                             |
+-------------------+--------------------+-----------------------------+
| Flour             | 3 %                |                             |
+-------------------+--------------------+-----------------------------+
| Dry Pet Food      | 3 %                | Dry pet food means all      |
|                   |                    | extruded dog and cat foods  |
|                   |                    | and baked treats packaged   |
|                   |                    | in Kraft paper bags and/or  |
|                   |                    | cardboard boxes with a      |
|                   |                    | moisture content of 13 % or |
|                   |                    | less at time of pack.       |
+-------------------+--------------------+-----------------------------+
| Borax             | See Section 2.4.   |                             |
+-------------------+--------------------+-----------------------------+
| **Wet Tare Only** |                    |                             |
+-------------------+--------------------+-----------------------------+
| **If you are      | **The Moisture     | ![](media/image1.jpeg){w    |
| using Wet Tare in | Allowance is:**    | idth="0.9895833333333334in" |
| verifying the net |                    | hei                         |
| weight of         |                    | ght="0.9986111111111111in"} |
| packages of one   |                    |                             |
| of the products   |                    | One example of a USDA Seal  |
| listed below that |                    | of Inspection. Seals may    |
| bear a USDA seal  |                    | vary by product.            |
| of inspection:**  |                    |                             |
+-------------------+--------------------+-----------------------------+
| Fresh poultry     | 3 %                | Fresh poultry is defined as |
|                   |                    | poultry at a temperature of |
|                   |                    | 3 °C (26 °F) that yields or |
|                   |                    | gives when pushed with the  |
|                   |                    | thumb.                      |
+-------------------+--------------------+-----------------------------+
| Franks or hotdogs | 2.5 %              |                             |
+-------------------+--------------------+-----------------------------+
| Bacon, Fresh      | 0 %                | If there is no free-flowing |
| sausage, and      |                    | liquid or absorbent         |
| Luncheon meats    |                    | materials in contact with   |
|                   |                    | the product and the package |
|                   |                    | is clean of clinging        |
|                   |                    | material.                   |
+-------------------+--------------------+-----------------------------+

**Discussion:** At the 2007 NCWM Interim Meeting, the Committee created
a WG to undertake a review of a number of moisture loss and other issues
relating to NIST Handbook 133 "Checking the Net Contents of Packaged
Goods." NIST recommended the NCWM L&R Committee retain responsibility
for this project instead of creating a task force because that would
entail additional travel and meeting expenses for all parties. The Board
of Directors and the Committee agreed with that proposal because a large
portion of this project can be accomplished using e‑mail and
teleconferences to reduce costs. The Committee also noted the number of
items on their agenda has declined making time available during the
Committee's work sessions to address this project. If additional
meetings are needed, they will be scheduled to coincide with the
regional meetings to reduce travel and other costs. Another
justification for this approach was that it allowed regional
representatives on the Committee to develop a greater understanding of
moisture loss and enabled them to better explain the subject matter to
their constituents. Participation in this effort is open to all
interested parties.

At the 2007 Annual Meeting the first WG meeting took place on Sunday,
July 8, 2007, following the Committee's regular work session. The first
major subject of discussion was the determination of tare using
gel-soaker pads. The participants agreed that information on the
appropriate test procedures for using gel soaker pads should be
distributed to weights and measures officials and industry following the
NCWM Annual Meeting. NIST agreed to publish an article in the upcoming
edition of WMD's newsletter. A discussion of that issue is contained in
Item 1 of Appendix C attached to this report. The group developed a
formal work plan and addressed additional items listed in Appendix C as
time allowed.

The Moisture Loss Work Group (WG) met at the 2008 Interim Meeting. There
was limited time for discussion, so it was decided that no changes to
NIST Handbook 133 would be recommended at this time. There were
25 representatives from state and local weights and measures programs,
packagers, and other stakeholders in attendance. This was the first
formal meeting of the WG, there was an extensive discussion of the
goals, objectives, and effort, and a review of the history of the NCWM's
efforts to address moisture loss issues. After a lengthy discussion, it
was agreed that there is a need to develop informational materials to
explain the average and individual package requirements and moisture
allowances in NIST HB 133 so that handbook users can understand how to
effectively apply the statistical allowances and moisture loss
adjustments when conducting package inspections. Also identified was the
need to provide an explanation of federal net quantity of contents
requirements. It was agreed that NIST WMD would draft a set of graphics
to describe how the Sample Error Limit (SEL), Moisture Allowance, and
other corrections are determined in NIST Handbook 133. NIST WMD will
also prepare a compilation of laws and terms related to net quantity of
contents verification for use by the WG in providing guidance to users
of NIST HB 133 on allowing reasonable variations.

At the 2008 Annual Meeting the Moisture Loss Work Group met to review an
animated PowerPoint presentation provided by Kenneth Butcher. This
presentation explained the statistical requirement and moisture
allowances of NIST HB 133. The WG was able to give input on the
presentation. NIST will make revisions to the current presentation. Once
finalized, this presentation will be posted on the NCWM and NIST WMD
websites, for use in training and/or self study.

This WG will also develop a draft guideline on small lot testing for use
by inspectors and administrators. The WG will also develop guidelines
for determining moisture loss allowances for products that are not
listed in HB 133. The WG felt this additional information would be
resourceful.

At the CWMA 2008 Interim Meeting held in October a comment was made that
a critical element which needs to be developed is a guide stating what
data is needed to demonstrate the need for moisture allowance to enable
companies to collect the pertinent information for moisture allowance.

At the WWMA 2008 Annual Meeting the Committee agrees that additional
work does need to be done and would like to see progress made at a
quicker pace. The Committee would like to see any information that was
developed out of recommendations from the July Annual Meeting. It was
recommended that if costs are prohibiting additional meetings, meetings
could be held on the web or they could consider using funding from the
NCWM or regionals. The NIST Technical Advisor informed the Committee
that due to funding and limits on most participants the Committee will
continue to hold WG meeting at the Interim and Annual Meetings.

At the SWMA 2008 Annual Meeting the Committee agrees that this item
remain Developmental as work develops out of NIST WMD.

At the NEWMA Interim Meeting in October 2008 a member asked whether the
WG has explored the viability of expanding the categories of products
affected by moisture loss. NEWMA recommends that this item remain a
Developing item.

To participate in this WG, contact Lisa Warfield at (301) 975‑3308, or
by e‑mail: <lisa.warfield@nist.gov> or Ken Butcher at (301) 975‑4859,
e‑mail: <kbutcher@nist.gov>.

####### 270-4 Fuels and Lubricants Subcommittee (FALS)

**Background:** The Subcommittee had previously met on January 24, 2007,
at the 2007 NCWM Interim Meeting to undertake a review of a number of
significant issues related to fuel standards. Their first project was to
undertake a major review and update of the Uniform Engine Fuels,
Petroleum Products, and Automotive Lubricants Regulation in HB 130. The
Subcommittee also met at the 2007 Annual Meeting and continued its work
on a number of items in addition to preparing a major revision of the
Fuel Ethanol Labeling requirement in Item 232‑2.

An additional project will be to update and possibly expand the Basic
Engine Fuels, Petroleum Products, and Lubricants Laboratory Publication,
which will then be made available on the Internet. The Subcommittee will
undertake other projects as time and resources permit.

At the ASTM International meetings on December 5, 2007, in Phoenix,
Arizona, the Subcommittee met to finalize its work on a number of
projects that included a revision of the Uniform Engine Fuels Law and
Regulation. A teleconference was held immediately prior to the 2008
Interim Meeting.

**Discussion:** At the 2008 NCWM Interim Meeting the Committee changed
the name of the Petroleum Subcommittee to the Fuels and Lubricants
Subcommittee (FALS). At the 2008 Interim Meeting the Subcommittee
prepared and submitted a major revision of this regulation for
consideration by the Committee at the 2008 Interim Meeting. The
Subcommittee also conducted a review of the Engine Fuels, Petroleum
Products, and Automotive Lubricants Law and will prepare suggested
changes for this Uniform Law as well (see Item 223‑1). This item was
reviewed at the 2008 Annual Meeting; this item continues to remain
Developmental.

If you would like to participate in this work contact Ron Hayes,
Chairperson Fuels and Lubricants Subcommittee at (573) 751‑2922, e‑mail:
<ron.hayes@mda.mo.gov> or Ken Butcher at (301) 975‑4859, e‑mail:
<kbutcher@nist.gov>.

####### 270-5 Pelletized Ice Cream

**Background:** At the 2008 Annual Meeting open hearings Cary Frye from
the International Ice Cream Association (IICA) gave a briefing on behalf
of industry on pelletized ice cream. Ms. Frye gave a briefing on the
product, standard of identity, test method procedures and several other
key points. Ms. Frye informed that conference that additional assistance
would be required from the Food and Drug Administration (FDA) (refer to
Table B Appendix D). Once FDA has addressed the issues and concerns,
NIST will host a second meeting at NIST in Gaithersburg, Maryland, to
follow up and seek resolution on the outstanding concerns. NIST will
send out a meeting announcement to all state Directors and all other
interested parties via the NIST W&M list server.

The NIST Weights and Measures Division submitted to the Committee
detailed minutes pertaining to the June 27, 2008, meeting held at NIST
in Gaithersburg, Maryland, concerning issues and concerns with the
pelletized ice cream product. The minutes (refer to Table B Appendix E)
provide great detail of the current issue, background information,
representatives and manufacturers, method of sale, and test method
procedure.

[]{.mark}

This item has been presented at the WWMA and SWMA Annual Meeting and at
the NEWMA and CWMA Interim Meetings. NEWMA discussed this issue,
including the FDA's role and their impact on the NCWM process. One
member stated that the FDA may be slow to reach a decision because of an
impending change in leadership. Another member expressed the difficulty
(practical experience) of testing this product.

All regions are in agreement that this item remains Developmental until
further information is received from FDA.

To participate in the work on pelletized ice cream, contact Lisa
Warfield, at lisa.warfield@nist.gov or (301) 975‑3308, or Cary P. Frye,
International Dairy Foods Association at cfrye@idfa.org or
(202) 220‑3543.

####### 270-6 Amend Interpretations and Guidelines Section 2.2.13. and 1.5.1.

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

**Proposal:** Amend the Interpretations and Guideline Section of the
2009 Edition of NIST HB 130 by replacing the current contents of
Section 2.2.13. Declaration of Identity: Consumer Package (UPLR)
and 1.5.1. In Combination with other Foods (UMSCR) with the URL for the
USDA's "Food Standards and Labeling Policy Book" which is available
online at the following Uniform Resource Locators (URL). The information
in Section 2.2.13. Declaration of Identity: Consumer Package (UPLR)
and 1.5.1. In Combination with Other Foods (UMSCR) (HB 130‑2009) is
incomplete and out of date. Current and more comprehensive information
on the labeling of packages of meat and poultry products is now
available on the USDA websites.

Food Standards and Labeling Policy Book URL is:
www.fsis.usda.gov/OPPDE/larc/Policies/Labeling_Policy_Book_082005.pdf

A Guide to Federal Food Labeling Requirements for Meat and Poultry
Products (2007) URL is:
[www.fsis.usda.gov/PDF/Labeling_Requirements_Guide.pdf](../www.fsis.usda.gov/PDF/Labeling_Requirements_Guide.pdf)

[]{.mark}

This proposal was discussed at the 2008 WWMA Annual, NEWMA Interim and
at the SWMA Annual Meeting. All regions agree that the L&R National
Committee recommend that the NIST Technical Editor have editorial
privileges to replace the current printed information with a web link.

For additional information on this item, contact Lisa Warfield, NIST at
lisa.warfield@nist.gov or (301) 975‑3308.

####### 270-7 Method of Sale and Engine Fuel Quality Requirements for Hydrogen

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

**Proposal:** The proposal is to add a Developing item to the 2008 ‑
2009 L&R agenda for method of sale and engine fuel quality requirements
for hydrogen in NIST Handbook 130 (HB 130) to address gaseous hydrogen
refueling applications. Note: There is a corresponding proposal to add a
Draft Hydrogen Gas Measuring Devices Code in NIST HB 44 to address
requirements for hydrogen gas refueling equipment.

**Background:** Eighteen states have hydrogen refueling dispensers in
operation. Hydrogen stations using permanent and mobile refueling
systems for automobiles, fleet vehicles (buses), forklifts, airport
totes, are increasing and may go unnoticed. Many stakeholders who are
not familiar with the Weights and Measures standards process will need
to participate at this stage rather than after this is a commercial
application. This effort by the U.S. National Work Group (USNWG) is to
ensure there are appropriate standards and test procedures in place in
time for dispenser manufacturers, service agencies, and officials, and
to educate the general public, not if, but when hydrogen becomes
commercially available.

Existing codes do not fully address hydrogen refueling applications
because of hydrogen's properties and other technical differences in the
setup and operations of dispensing systems. The development of legal
metrology standards for newly emerging hydrogen technology is a
necessary component of the hydrogen infrastructure. The weights and
measures community must have time to consider requirements for
hydrogen-refueling systems before this application is available for
public access at corner service stations.

The USNWG is bringing the proposal before the Weights and Measures
community to share this information about upcoming standards for an
emerging technology. The simultaneous development of the code and
corresponding test procedures will allow for input from the W&M and
hydrogen communities, appropriate trials of the standards, and to
address all areas of concerns early in the standards development
process.

This item was reviewed at the WWMA and SWMA 2008 Annual Meeting and at
the NEWMA 2008 Interim Meeting. NEWMA members generally discussed the
"hydrogen issue" and its usage in the marketplace. It is anticipated
that hydrogen at first will be relegated to "fleet vehicles" (such as
CNG), and that retail sales will be slow in coming to the marketplace.
NEWMA recommends that this item remain a Developing item.

For additional information on this item, contact Kenneth Butcher, NIST
at Kenneth.butcher@nist.gov or (301) 975‑4859 or Lisa Warfield at
lisa.warfield@nist.gov or (301) 975‑3308.

[]{#__RefHeading___Toc215316097 .anchor}**270-8 Method of Sale for
Fireplace and Stove Wood, flavoring chips and packaged natural wood**

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

**Background:** A state cited a company in violation of their net
quantity contents labeling for flavoring chips. This citation also led
to this company's product being pulled from sale and they were asked to
review all their packaging and labeling. The company requested
assistance from NIST W&M on the appropriate unit of metric measure for
their flavoring chip packaging. Upon further review from NIST W&M, it
became evident that the regulation lacked clarity for the proper unit
use of metric measure by volume. Cubic meter carried out to three
decimal points has limited meaning.

Section 2.4.3.(d) in the Method of Sale Regulation for Flavoring Chips
states that they shall be sold by volume, but falls short of saying
which volume units are required. Most packers go to 2.4.3. Quantity,
where the guidance given implies that it must be sold by the cubic
meter. This places the Method of Sale in conflict with UPLR Declaration
of Quantity for Consumer Packages Rule of 1000. Using cubic centimeters
puts packers in conflict as well. Most states, if not all, give
precedent to UPLR over the Method of Sale.

This item was presented at NCWM 2008 Annual Meeting and at all of the
regional meetings.

**Proposal:**

> 2.4.3. Quantity. -- ~~Fireplace and stovewood shall be advertised,
> offered for sale, and sold only by measure, using the term "cord" and
> fractional parts of a cord or the cubic meter, except that:~~
>
> **[Note: In determining the appropriate Method of Sale, a clear
> distinction must be made as to whether the wood is being sold
> primarily as fuel (some wood is sold as fuel but flavoring is a
> byproduct) or strictly a wood flavoring.]{.underline}**

######## **[Fireplace and stovewood -- Shall be advertised, offered for sale, and sold only by measure, using the term "cord" and fractional parts of a cord or the cubic meter.]{.underline}** {#fireplace-and-stovewood-shall-be-advertised-offered-for-sale-and-sold-only-by-measure-using-the-term-cord-and-fractional-parts-of-a-cord-or-the-cubic-meter. .UniformLevel3}

> ~~(a)~~ **[(b)]{.underline}** Packaged natural wood. -- Natural wood
> offered for sale in packaged form in quantities less than 0.45 m^3^
> (^1^/~8~ cord or 16 ft^3^) shall display the quantity in terms of
> ~~cubic meters~~ **liters**, to include decimal fractions of cubic
> meters; or cubic feet **[or cubic inches]{.underline}**, to include
> fractions of cubic feet.
>
> ~~(b)~~ **[(c)]{.underline}** Artificial compressed or processed logs.
> -- A single fireplace log shall be sold by weight, and packages of
> such individual logs shall be sold by weight plus count.
>
> ~~(c)~~ **[(d)]{.underline}** Stove wood pellets or chips. -- Pellets
> or chips not greater than 15 cm (6 in) in any dimension shall be sold
> by weight. This requirement does not apply to flavoring chips.
>
> (Amended 1976 and 1991)
>
> ~~(d)~~ (e) Flavoring chips. -- ~~Flavoring~~ ~~chips shall be sold by
> volume.~~
>
> ~~(Added 1998)~~ **[Flavoring chips offered for sale in packaged form
> in quantities less than 0.45 m^3^ (^1^/8 cord or 16 ft^3^) shall
> display the quantity in terms of liters, to include decimal fractions
> of liters; or cubic feet or cubic inches, to include fractions of
> cubic feet.]{.underline}**

For additional information on this item, contact David Sefcik at
david.sefcik@nist.gov or (301) 975‑4868.

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

Joe Gomez, NM, Chairman

Joe Benavides, Texas

Jonelle Brent, Illinois

John Gaccione, New York

Terence McBride, Tennessee

Ron Hayes, MO, Chairman FALS

Rob L. Underwood, Associate Member Representative

Doug Hutchinson, Canada, Technical Advisor

Ken Butcher, NIST Technical Advisor: e‑mail: kenneth.butcher@nist.gov

Lisa Warfield, NIST Technical Advisor: e‑mail: lisa.warfield@nist.gov

David Sefcik, NIST Technical Advisor: e‑mail: david.sefcik@nist.gov

**Laws and Regulations Committee**