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

Dennis Johannes, Chairman

California Division of Measurement Standards

Reference

## Key Number

**200 INTRODUCTION**

This is the report of the Laws and Regulations Committee for the 89th
Annual Meeting of the National Conference on Weights and Measures
(NCWM). It is based on the Interim Report offered in NCWM Publication
16, testimony heard at public hearings, comments received from the
Regional Weights and Measures Associations and other parties, the
Addendum Sheets issued at the Annual Meeting, and actions taken by the
membership at the Voting Session of the Annual Meeting. The
informational items presented below were adopted as presented when the
Committee's report was approved.

Table A identifies agenda items by Reference Key Number, title, and page
number. The first three digits of the Reference Key Numbers of the items
are assigned from the subject series listed below. Voting items are
indicated with a "**V**" after the item number. Consent calendar items
are marked with a "**VC**." Items marked with an "**I**" after the item
number are informational. Items marked with a "**D**" after the key
numbers are developing issues. The developing designation indicates an
item has merit; however, the item is returned to the submitter for
further development before any action is taken at the national level.
Items marked "**W**" have been withdrawn from consideration. Table B
lists the appendices to the report, and Table C provides a summary of
the results of the voting on the Committee's items and the report in
entirety.

This report contains recommendations to amend National Institute of
Standards and Technology (NIST) Handbook 130, 2002 Edition, "Uniform
Laws and Regulations," or NIST Handbook 133, "Checking the Net Contents
of Packaged Goods," Fourth Edition. Proposed revisions to the
handbook(s) are shown in **bold face print** by ~~striking out~~
information to be deleted and **[underlining]{.underline}** information
to be added. New items proposed for the handbooks are designated as such
and shown in **bold face print**. Text presented for information only is
shown in *italic* print. When used in this report, the term "weight"
means "mass."

### Subject Series

Handbook 130 -- General 210 Series

Uniform Laws 220 Series

Weights and Measures Law (WML) 221 Series

Weighmaster Law (WL) 222 Series

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

Uniform Regulations 230 Series

Packaging and Labeling Regulation (PLR) 231 Series

Method of Sale of Commodities Regulation (MSCR) 232 Series

Unit Pricing Regulation (UPR) 233 Series

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

Open Dating Regulation (ODR) 235 Series

National Type Evaluation Regulation (NTER) 236 Series

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

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

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

[231-1 I Amend § 6.5.1. Symbols 4](#i-amend-6.5.1.-symbols)

[**232** **METHOD OF SALE REGULATION** 4](#method-of-sale-regulation)

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

[232-2 W Stored Tare Weights 5](#w-stored-tare-weights)

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

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

[232-5 W Cooking Oils 7](#w-cooking-oils)

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

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

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

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

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

[237-3A V Biodiesel Fuel Definitions and Specifications
10](#a-v-biodiesel-fuel-definitions-and-specifications)

[237-3B I Biodiesel Fuel Identification and Labeling Requirements
12](#b-i-biodiesel-fuel-identification-and-labeling-requirements)

[237-4 W E diesel 14](#w-e-diesel)

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

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

[240-1 W Amend § 6.2 Other 15](#w-amend-6.2-other)

[**260** **NIST HANDBOOK 133, CHECKING THE NET CONTENT OF PACKAGED
GOODS**
15](#nist-handbook-133-checking-the-net-content-of-packaged-goods)

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

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

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

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

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

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

[**270** **OTHER ITEMS** 22](#other-items)

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

#### Table B

#### Appendices

## Appendix Title Page

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

[B Handbook 133 Appendix A. Tables B1](#Appendix_B)

[C Summary of Written Comments Received Regarding the Log Scaling
Proposal C1](#Appendix_C)

[D L&R Committee Recommendation on Workgroups D1](#Appendix_D)

**Table C**

**Voting Results**

  ----------------- -------------------- ------------ -------------- ------------ ---------------
  ***Reference Key  ***House of State                 ***House of                 ***Results***
  Number***         Representatives***                Delegates***                

                    ***Yeas***           ***Nays***   ***Yeas***     ***Nays***   

  236-1             36                   0            25             0            Item Passed

  237-2             36                   0            31             0            Item Passed

  237-3A            35                   0            31             0            Item Passed

  200 - Entire      36                   0            31             0            Report Accepted
  Committee Report                                                                
  ----------------- -------------------- ------------ -------------- ------------ ---------------

**Details of all Items**

(In Order by Reference Key Number)

###### 231 PACKAGING AND LABELING REGULATION

(This item was adopted as part of the report.)

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

**Source:** NIST Weights and Measures Division.

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

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

**Discussion:** The Food and Drug Administration (FDA) has permitted the
use of the symbol "mc" for "micro," in addition to the traditional
symbol "µ," on packages labeled by weight. This practice is allowed
because the pharmaceutical industry is having difficulty fitting the
symbol "µ" on their labels. The symbol "µ" requires additional height
that the extremely small labels found on some prescription drugs cannot
accommodate. The symbol "mc" is intended to give manufacturers another
option for their quantity declaration. Although there will be very few
commodities regulated by the weights and measures community affected by
this change, this revision is being made so that state and local weights
and measures regulations remain consistent with federal packaging and
labeling practices. The Committee considers this an editorial change.

The Committee's Canadian Technical Advisors informed the Committee that
the symbol "mc" for microgram is not recognized in Canada.

###### 232 METHOD OF SALE REGULATION

(This item was adopted as part of the report.)

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

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

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

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

**Discussion:** One State department of weights and measures had
expressed concern about whether the definition of "Ready-to-Eat Food"
permitted individual bananas to be sold by the each at establishments
like cafeterias and convenience stores. At these locations sales of
individual pieces of fresh fruit, like bananas, apples, and oranges, are
commonplace. Amending the "Ready-to-Eat Food" definition to specifically
state that individual servings of fresh fruit are to be considered
ready-to-eat will assist states in properly interpreting the guideline.
This change in the "Ready-to-Eat" definition does not, and should not be
interpreted to, change the method of sale laws and regulations as they
apply to sales of multiple pieces of fresh fruit, or to sales of
individual or multiple items of other produce.

The Committee feels that this change is warranted because: (1) The sale
of individual pieces of fresh fruit in establishments should be an
acceptable practice. Individual pieces of fresh fruit are commonly sold
in cafeterias, convenience stores, and delis as part of ready-to-eat
meals. This practice does not mislead consumers because the consumer can
see, evaluate, and compare a single banana, apple, orange, etc., and
determine its acceptability prior to purchase. (2) According to U.S.
government statistics, over half of the adults in America are overweight
or obese, and today obesity in children is rapidly becoming a major
health crisis. State governments should be promoting the consumption of
nutritious products like fresh fruit, and weights and measures can
ensure that such healthy food choices are available to consumers by
making them readily and conveniently available. The Committee believes
this practice is already allowed in most states. The Committee considers
this an editorial change.

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

(This item was withdrawn.)

**Source:** Southern Weights and Measures Association (SWMA). (See item
232-3 on page L&R-9 in the Report of the 85th NCWM Annual Meeting in
2000)

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

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

This item was first introduced because stored vehicle tare weights have
often been found to be incorrect. Errors found in initial vehicle tare
weight surveys ranged from 8,900 pounds under, to 2,680 pounds over. A
load of sand or gravel priced at \$5.50 per ton with a tare error of
750 pounds would result in a monetary error of \$2.06 per weighment. If
this error were to occur on four transactions each day for 240 working
days, the result would be a monetary error of more than \$1,977 for the
year. Since the practice of using stored tare is common in other types
of businesses (e.g., landfills and asphalt plants) where prices per ton
may be as high as \$70, a tare error of 750 pounds could equal a
monetary error of \$26 per weighment, or \$24,960 per year.

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

NIST will be hosting a Public Forum on September 28, 2004, titled
"Weighing Requirements and Practices for the Weighing of Trucks for
Commercial Purposes." The issue of stored tare weights will be on the
Forum agenda. Anyone interested in additional information about this
forum may contact NIST for details.

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

(This item was withdrawn.)

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

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

> **[2.xx. Trees, Sawlogs & Veneer Logs -- Scaling Methods. The
> requirements of this section provide for unbiased and consistent
> estimates of timber volumes offered for sale across regions and for
> different timber types.]{.underline}**
>
> **[2.xx.1. Definitions]{.underline}**
>
> **[Tree: Woody plant having one erect perennial stem or trunk at least
> 3 inches (7.5 cm) in diameter at breast height (dbh).]{.underline}**
>
> **[Sawlog: A roundwood product of a tree, usually 8 feet (2.4 m) in
> length or longer, processed into a variety of sawn products such as
> lumber, ties, cants, and timbers.]{.underline}**
>
> **[Veneer Log: A roundwood product of a tree, usually 8 feet (2.4 m)
> in length or longer, either rotary cut, sliced, or sawn into a variety
> of veneer products such as plywood, panels, and veneer.]{.underline}**
>
> **[Firmwood: The content of a tree or log that is
> sound.]{.underline}**
>
> **[2.xx.2. Quantity. Representations for trees and logs shall be in
> terms of cubic foot (or cubic meter) representing the net firmwood
> content of a saw or veneer log. It is obtained from such a log's two
> end diameters (inside the bark) and its gross length using Smalian's
> formula (with appropriate deductions for rot, holes, char, and missing
> wood):]{.underline}**

**Volume = [Length(Area of small end + Area of large end)]{.underline}**

**2**

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

**Background:** The following information was provided to the Committee
by the original proponent of this item: The U.S. generally uses
traditional product yield-based board-foot scales to measure trees.
These scales were developed in the 19^th^ century according to
practices, technologies, and tree sizes prevalent at that time. These
scales have not been changed or updated to reflect changes in technology
and resource size, making them outdated and inaccurate in the
contemporary context. Since the 19^th^ century our forests have
transitioned to a 2^nd^ growth (smaller diameter) resource, and these
antiquated scales have become inaccurate in estimating true yield
potential. To compound the matter, different States and regions of the
country use different board-foot scales to estimate yield. Making volume
and value comparisons across regions is extremely difficult without a
standard tree/log scaling system. The various current scales based on
board feet contain biases for longer length and smaller diameter logs
that distort volume estimates of such logs.

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

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

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

> **[2.20.X. Petroleum Products -- Where not in conflict with other
> statutes or regulations, petroleum products delivered through a
> vehicle-tank meter or stationary meter shall be sold with the volume
> adjusted to compensate for temperature. When petroleum products are
> sold temperature compensated:]{.underline}**
>
> **[(1) All sales shall be in terms of liters or U.S. gallons at
> 15 ^°^C (60 ^°^F);]{.underline}**
>
> **([2) The temperature compensation shall be accomplished through
> adjustable automatic means.]{.underline}**
>
> **[(3) The primary indicating elements, recording elements, and all
> recorded representations (receipts, invoices, bills of lading, etc)
> shall be clearly and conspicuously marked to show that the volume
> delivered has been adjusted to the volume at 15 ^°^C
> (60 ^°^F);]{.underline}**
>
> **[(4) All sales by the same company over at least a consecutive
> 12-month period must be sold temperature compensated (i.e., a company
> cannot choose to operate some devices with automatic temperature
> compensators and others without; nor can a company choose to engage a
> device's temperature compensator only during certain times of the
> year).]{.underline}**

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

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

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

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

(This item was withdrawn.)

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

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

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

Large packages of cooking oil are intended primarily for institutional
use and are labeled by weight. Smaller packages of cooking oil are
intended for consumer use and are labeled by liquid volume. However,
with the recent increase in the popularity of turkey fryers (devices
designed to fry whole turkeys in cooking oil), large packages of cooking
oil have begun appearing in the retail market. Some manufacturers label
these packages by weight (e.g., 35 lb \[15.8 kg\] or 50 lb \[22.6 kg\]),
while others label them by volume (e.g., 3 gal \[11.3 L\] or 5 gal
\[18.9 L\]). These conflicting methods of sale frustrate consumers\'
ability to make value and price comparisons when shopping for these
large packages of cooking oil.

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

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

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

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

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

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

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

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

(This item was adopted.)

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

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

> **2.1. Active Certificate of Conformance.** - A document issued based
> on testing by a Participating Laboratory, which the certificate
> ~~owner~~ **[holder]{.underline}** maintains in active status under
> the National Type Evaluation Program (NTEP). The document constitutes
> evidence of conformance of a type with the requirements of this
> document**[,]{.underline}** ~~**and the**~~ NIST Handbook**~~s~~**
> 44**~~, 105-1, 105-2, or 105-3 ~~[(Specifications, Tolerances, and
> Other Technical Requirements for Weighing and Measuring Devices), and
> the test procedures contained in NCWM Publication 14.]{.underline}**
> By maintaining the Certificate in active status, the Certificate
> ~~owner~~ **[holder]{.underline}** declares the intent to continue to
> manufacture or remanufacture the device consistent with the type and
> in conformance with the applicable requirements. **[A device is
> traceable to a Certificate of Conformance if: (a) it is of the same
> type identified on the Certificate; and (b) it was manufactured during
> the period that the Certificate was maintained in active
> status.]{.underline}** For manufacturers of grain moisture meters,
> maintenance of active status also involves annual participation in the
> NTEP Laboratory On-going Calibration Program, OCP (Phase II). **~~A
> device is traceabke to an active Certificate of Conformance if it was
> manufactured during the period that the Certificate was maintained in
> active status.~~**
>
> (Amended 2000, 2001**, and** **[200x]{.underline}**)
>
> **2.2. Device.** - ~~Device means any weighing and measuring equipment
> as defined in § 2.15., Commercial and Law Enforcement Equipment.~~
> **[A piece of commercial or law enforcement equipment as defined in §
> 2.15., Commercial and Law Enforcement Equipment. A device may be a
> single unit or a combination of separate and compatible main elements.
> A device shall include, at a minimum, those main elements that: (a)
> perform the measurement; and (b) process the measurement signals up to
> the first indicated or recorded value of the final quantity upon which
> the transaction is based. (Amended 200x)]{.underline}**
>
> **Section 3. Certificate of Conformance**
>
> The Director shall require a device to be traceable to a Certificate
> of Conformance prior to its installation or use for commercial or law
> enforcement purposes. **[If the device consists of separate and
> compatible main elements, each main element shall be traceable to a
> Certificate of Conformance. A device is traceable to a Certificate of
> Conformance if: (a) it is of the same type identified on the
> Certificate, and (b) it was manufactured during the period that the
> Certificate was maintained in active status. (Amended 2001 and
> 200X)]{.underline}**

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

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

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

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

(This item was withdrawn.)

**Source:** The Petroleum Subcommittee. (See item 237-3 on page
L&R-14 in the Report of the 84th NCWM Annual Meeting in 1999.)

**Discussion:** The Petroleum Subcommittee Agenda has remained on the
Committee's agenda since 1999 as a reminder of what the Subcommittee is
working on. However, the Committee has decided that the work of the
Subcommittee can be more easily and effectively maintained on the
internet and has asked NIST to post this information on the NIST
website. NIST has established a website for posting and updating the
work of the Petroleum Subcommittee. The URL for this site is:
[[http://ts.nist.gov/ts/htdocs/230/235/petroleum.htm]{.underline}](http://ts.nist.gov/ts/htdocs/230/235/petroleum.htm).
Alternatively, this site can be accessed through the NIST WMD website:
(1) Go to www.nist.gov/owm, (2) Under the "Related Links" section click
on "NCWM Petroleum Subcommittee." The Committee has withdrawn this item.

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

(This item was adopted.)

**Source:** Western Weights and Measures Association (WWMA). (See item
237-2 on page L&R-6 in the Report of the 87th NCWM Annual Meeting in
2002.

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

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

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

The Committee wishes to recognize the work done on this issue by the
Automotive Lubricants Workgroup, and to thank the members of the
Workgroup for their time and contributions. The members of the
Automotive Lubricants Workgroup are: D. Johannes, California; M. Belue,
Belue Associates; D. Clark, Citgo; L. Gibbs, Chevron/Texaco; C. Gordon,
American Petroleum Institute; R. Hayes, Missouri; D. Heck,
Chevron/Texaco; A. Herbert, California; R. Jennings, Tennessee; D.
Lazier, California; and A. Schuettenberg, ConocoPhillips.

####### 237-3A V Biodiesel Fuel Definitions and Specifications

(This item was adopted.)

*(At the 2004 annual conference, Item 237-3 was separated into two
parts - A and B - to allow for the NCWM to move forward to a vote on the
definitions and specifications portions of the proposal, while providing
time for additional consideration of the identification and labeling
portions of the proposal.)*

**Source:** Central Weights and Measures Association (CWMA). (See item
237-4 on page L&R-6 in the Report of the 88th NCWM Annual Meeting in
2003)

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

1\. Strike § 1.8. Biodiesel:

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

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

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

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

> **[2.15  Biodiesel - B100 biodiesel intended for blending with diesel
> fuel shall meet the most recent version of ASTM D 6751, Standard
> Specification for Biodiesel Fuel (B100) Blend Stock for Distillate
> Fuels.]{.underline}**
>
> **[2.16  Biodiesel Blends -- blends of biodiesel and diesel fuels
> shall meet the following requirements: (a) the base diesel fuel shall
> meet the most current requirements of ASTM D 975, Standard
> Specification for Diesel Fuel Oils; and (b) the biodiesel blend stock
> shall meet the most current requirements of ASTM D 6751, Standard
> Specification for Biodiesel Fuel (B100) Blend Stock for Distillate
> Fuels.]{.underline}**
>
> **[2.16.1. Exception - biodiesel may be blended with diesel fuel whose
> sulfur or aromatic levels are outside Specification ASTM D 975,
> Standard Specification for Diesel Fuel Oils, Grades 1-D, low sulfur
> 1-D, 2-D, or low sulfur 2-D provided the finished mixture meets
> pertinent national and local specifications and requirements for these
> properties.]{.underline}**

**Discussion:** The Committee has been working on this item since 2002,
and has been monitoring the activities of ASTM with regard to biodiesel
fuels. The Committee feels that it is absolutely necessary to change the
definition of biodiesel contained in § 1.8; what is there is incorrect.
By incorporating and adopting ASTM specifications D 975 and D 6751 the
Committee hopes to avoid continuous updating of the Handbook in an
attempt to keep up with future developments in this area. Comments the
Committee received from the biodiesel industry indicate that, while they
were not entirely happy with this proposal, they feel it is important to
move forward with some sort of specification for these products.

Items 237-3A and 237-3B were originally proposed as a single item,
237-3. The Committee believes that there is no opposition to the
definition sections proposed, or to the specification sections after
slight modification. However, the National Biodiesel Board (NBB) has
expressed concern over the identification and labeling sections
proposed, and has submitted alternative language for the Committee to
consider. The Committee believes that it needs more time to consider the
identification and labeling sections and the NBB proposal. Therefore,
the Committee has decided to split Item 237-3 into two parts: the
definition and specification sections will move forward for a Vote as
Item 237-3A, while the identification and labeling sections will be
carried forward as Informational Item 237-3B.

[]{.mark}

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

When ASTM first developed the biodiesel specification in 1993, it
proposed a specification for biodiesel use as a pure fuel, called B100.
However, several engine manufacturers had reservations about
B100 biodiesel because they had no experience using blends over 20 %
(B20). Engine manufacturers recommend that users consult with their
engine manufacturer before using biodiesel blends above 5 % (B5) as
concerns related to costs, rubber and gasket compatibility, and cold
flow properties exist with these blends. While experience over the last
10 years and 40 million on-road miles has shown that biodiesel blends of
up to 20 % (B20) do not require modifications to the fuel systems of
conventional diesel engines, the manufacturers of these engines still
promote caution when using biodiesel blends over 5 % (B5).

The fact of the matter is that the higher cost of biodiesel results in
few customers using blends higher than B20. Therefore, neither the
biodiesel industry nor the engine industry was interested in investing
the money and resources necessary to meet a B100 standard. Since B20 was
the highest-level product envisioned with commercial potential, and
since the engine community would not support the inclusion of more than
20 % without further testing, ASTM decided to develop a blend stock
standard. The ASTM Biodiesel Task Force developed D 6751 as the set of
properties that B100 must meet before being blended into diesel fuel for
an up to 20 % biodiesel by volume.

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

[]{.mark}

####### 237-3B I Biodiesel Fuel Identification and Labeling Requirements

*(At the 2004 annual conference, Item 237-3 was separated into two
parts - A and B - to allow the NCWM to move forward to a vote on the
definitions and specifications portions of the proposal, while providing
time for additional consideration of the identification and labeling
portions of the proposal.)*

**Source:** Central Weights and Measures Association (CWMA). (See item
237-4 on page L&R-6 in the Report of the 88th NCWM Annual Meeting in
2003)

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

Adopt identification and labeling requirements by adding:

> **[3.15  Biodiesel]{.underline}**
>
> **[3.15.1. Identification of Product. -- Biodiesel and biodiesel
> blends shall be identified by the capital letter B followed by the
> numerical value representing the volume percentage of biodiesel fuel.
> (Examples: B100; B20)]{.underline}**
>
> **[3.15.2. Labeling of Retail Dispensers of Biodiesel and Biodiesel
> Blends - Each retail dispenser of biodiesel or biodiesel blend shall
> be labeled with the capital letter B followed by the numerical value
> representing the volume percentage of biodiesel fuel and ending with
> the word 'biodiesel'. (Examples: B100 biodiesel;
> B20 biodiesel)]{.underline}**
>
> **[3.15.3. Documentation for Dispenser Labeling Purposes. -- The
> retailer shall be provided, at the time of delivery of the fuel, with
> a declaration of the volume percent biodiesel on an invoice, bill of
> lading, shipping paper, or other document. This documentation is for
> dispenser labeling purposes only; it is the responsibility of any
> potential blender to determine the amount of biodiesel in the diesel
> fuel prior to blending.]{.underline}**
>
> **[3.15.4. Exemption. -- Biodiesel blends containing 5 % or less
> biodiesel by volume are exempted from requirements 3.15.1., 3.15.2.,
> and 3.15.3.]{.underline}**

**Discussion[:]{.smallcaps}** The Committee has been working on this
item since 2002, and has been monitoring the activities of ASTM with
regard to biodiesel fuels. The Committee has decided to continue moving
forward with identification and labeling requirements for biodiesel
blends containing more than 5 % biodiesel by volume despite ASTM's
indecision on this topic. The Committee feels that it was important for
consumers to be properly informed about what is being offered for sale
so that they can make informed purchases. The Committee has been
informed that ASTM is considering changing the "Fill and Go"
specifications in D 975 to include biodiesel blends of 20 % or less. If
this is the direction ASTM decides to go, then the Committee may need to
re-evaluate the requirements for those fuels between 5 % and 20 %
biodiesel.

[]{.mark}

Items 237-3A and 237-3B were originally proposed as a single item,
237-3. The Committee believes that there is no opposition to the
definition sections proposed, or to the specification sections after
slight modification. However, the National Biodiesel Board (NBB) has
expressed concern over the identification and labeling sections
proposed, and has submitted alternative language for the Committee to
consider. The Committee believes that it needs more time to consider the
identification and labeling sections and the NBB proposal. Therefore,
the Committee has decided to split Item 237-3 into two parts: the
definition and specification sections will move forward for a Vote as
Item 237-3A, while the identification and labeling sections will be
carried forward as Informational Item 237-3B.

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

When ASTM first developed the biodiesel specification in 1993, it
proposed a specification for biodiesel use as a pure fuel, called B100.
However, several engine manufacturers had reservations about
B100 biodiesel because they had no experience using blends over 20 %
(B20). Engine manufacturers recommend that users consult with their
engine manufacturer before using biodiesel blends above 5 % (B5) as
concerns related to costs, rubber and gasket compatibility, and cold
flow properties exist with these blends. While experience over the last
10 years and 40 million on-road miles has shown that biodiesel blends of
up to 20 % (B20) do not require modifications to the fuel systems of
conventional diesel engines, the manufacturers of these engines still
promote caution when using biodiesel blends over 5 % (B5).

ASTM considers biodiesel blends between B5 and B20 "Fill and Go" since
they do not generally require changes to the engine or fuel system.
However, biodiesel levels higher than B20 may need to have different
gaskets and hoses. While blending biodiesel greater than 20 % does not
readily occur in today's market place, it may in the not too distant
future. Therefore, the biodiesel industry supports accurate labeling for
all fuel dispensers and encourages the NCWM to adopt these
recommendations.

An issue that remains, however, is the opportunity for facilitation of
fraud by claiming inaccurate percentages of biodiesel. Biodiesel blends
cost significantly more than conventional diesel fuels. As such, there
is the possibility that unscrupulous fuel distributors may advertise a
higher concentration of biodiesel than they are delivering, and thus
derive undue profits. If a distributor claims that they are selling
B20 and they are putting in only 1 %, the distributor is misrepresenting
the product. The biodiesel industry claims that this is not a pump
labeling issue but an enforcement issue.

Part of the problem with a strict percentage labeling requirement is
that as biodiesel blends become more "mainstream," the percentage
biodiesel added may vary from day-to-day depending on the needs of the
distributor. Currently this practice is discouraged by the relatively
high cost of biodiesel. However, as the price of biodiesel moves closer
to the price of diesel fuel it becomes just one of the myriad compounds
which could make up conventional diesel fuel. Refiners could blend in
biodiesel to reduce the sulfur content or aromatic content of the
finished blend. They could use it to replace their existing lubricity
additives. If the price of biodiesel was more equal to diesel, they may
add 1 % today, 5 % the next day, and 20 % the next day. As long as the
finished blend meets the D 975 "Fill and Go" specification, the level of
biodiesel could range as high as 20 % without consequence. Labeling
requirements that are too restrictive would eliminate the flexibility of
the "Fill and Go" concept, and could significantly reduce the amount of
biodiesel that is eventually used.

ASTM is currently developing a Biodiesel "Fill and Go" specification for
D 975 that is not based on the parent fuels, but on the finished fuel
and what is satisfactory for operation in a diesel engine. This may also
mean changes to D 6751, which is a stand-alone specification. The
current thinking is that the upper biodiesel concentration limit for the
D 975 "Fill and Go" specification will be 20 %, although it is possible
that it could ultimately be higher or lower. Whatever the concentration
of biodiesel, if the finished blend meets the D 975 "Fill and Go"
specification, the fuel is D 975-grade diesel fuel and would have to be
labeled such. Some industry members believe that existing labeling
requirements in Handbook 130 are sufficient to address this situation.

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

(This item was withdrawn.)

**Source:** Central Weights and Measures Association (CWMA). (See item
237-5 on page L&R-10 in the Report of the 88th NCWM Annual Meeting in
2003.)

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

A group of E diesel stakeholders have formed the E Diesel Consortium to
address the technical and regulatory issues surrounding this fuel. The
Consortium has also approached ASTM about developing an E diesel
specification. The Consortium is concerned that, without a detailed
minimum specification, it could be possible to sell diesel ethanol
blends that are of insufficient quality for their intended use.

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

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

(This item was withdrawn.)

**Source:** Central Weights and Measures Association (CWMA). (See item
237-2 on page 198 in the Report of the 82nd NCWM Annual Meeting in
1997.)

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

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

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

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

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

####### 240-1 W Amend § 6.2 Other

(This item was withdrawn.)

**Source:** Western Weights and Measures Association (WWMA). (See item
239-1 on page L&R-14 in the Report of the 88th NCWM Annual Meeting in
2003.)

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

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

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

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

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

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

(This item was adopted with the report.)

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

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

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

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

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

(This item was withdrawn.)

**Source:** Northeastern Weights and Measures Association (NEWMA). (See
item 250-3 on page L&R-18 in the Report of the 88th NCWM Annual Meeting
in 2003.)

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

[]{.mark}

> **Why do we allow for moisture loss or gain?**
>
> ![](media/image1.png){width="2.388888888888889in"
> height="1.3618055555555555in"}Some packaged products may lose or gain
> moisture and, therefore, lose or gain weight or volume after
> packaging. The amount of lost moisture depends upon the nature of the
> product, the packaging material, the length of time it is in
> distribution, environ­mental conditions, and other factors. Moisture
> loss may occur even when manufacturers follow good distribution
> practices. Loss of weight "due to ex­posure" may include solvent
> evaporation, not just loss of water. **[Note that allowances for loss
> or gain of moisture only apply to packages of commodities where the
> moisture has no value to the consumer (See Jones vs.
> Rath).]{.underline}**
>
> []{.mark}
>
> For loss or gain of moisture, **[you]{.underline}** apply the moisture
> allowances to the maximum allowable variations permitted for
> individual packages and to the average net quantity of contents be­fore
> determining the conformance of a lot. **[You may apply the allowance
> before measuring the package errors or after. When applying the
> allowance before the measurements, you essentially correct each
> package back to theoretical weight at time of pack, see Figure 1 at
> right. When applying the allowance after measuring the package errors,
> you correct the MAV and SEL to recognize the moisture loss as in
> Figure 2 at right. You can find specific directions for applying the
> allowances in tests in Section 2.3.]{.underline}**
>
> ![](media/image2.png){width="2.3430555555555554in"
> height="1.2930555555555556in"}
>
> This handbook provides "moisture allowances" for some meat and poultry
> products, flour, and dry pet food (see "Moisture Allowances" in
> Chapter 2). These allowances are based on the premise that when the
> average net weight of a sample is found to be less than the labeled
> weight, but not by an amount that exceeds the allowable limit, either
> the lot is declared to be within the moisture allowance or more
> information must be collected before deciding lot compliance or non
> compliance.

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

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

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

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

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

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

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

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

(This item was withdrawn.)

**Source:** Northeastern Weights and Measures Association (NEWMA). (See
item 250-4 on page L&R-19 in the Report of the 88^th^ NCWM Annual
Meeting in 2003.)

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

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

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

**Background:** The following information was provided by the original
proponent of this item: The products that have established moisture
allowances are not clearly stated. Currently the Handbook only poses the
question "What is the moisture allowance for flour and dry pet food?" It
does not state if any other products have moisture allowances. In
addition, the Handbook gives no guidance on what to do for products that
do not have an established moisture allowance.

The "Calculations" section on page 18 is confusing and does not
distinguish between applying a moisture allowance before or after
testing. The current method of comparing the moisture allowance to the
difference between the average error and the SEL is confusing. The
current Handbook does not address commodities that are packed in sealed
containers or how to treat commodities packed on the premises.

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

(This item was returned to the Committee for further study.)

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

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

> ***Where are Maximum Allowable Variations found?***
>
> Find the MAV values for packages labeled by weight, volume, count, and
> measure in the tables listed below in Appendix A.
>
> Packages labeled by weight See Table 2-5
>
> Packages labeled by volume liquid or dry See Table 2-6
>
> Packages labeled by count See Table 2-7
>
> Packages labeled by length (width), or area See Table 2-8
>
> Packages **~~labeled with~~** **[bearing a]{.underline}** USDA seal of
> inspection - Meat and Poultry See Table 2-9
>
> **[when labeled weight is provided by the USDA inspected
> facility]{.underline}**
>
> Textiles, polyethylene sheeting and film, mulch and soil labeled by
> volume, See Table 2-10
>
> packaged firewood, and packages labeled by count with less than
> 50 items

Amend the Header of Table 2-5 as follows:

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

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

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

(This item adopted with report.)

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

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

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

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

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

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

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

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

Amend Handbook 133 § 3.11 to read:

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

**Discussion:** A manufacturer of wood fiber products feels that their
wood shavings, labeled by volume, should receive the same MAVs as
\"Mulch and Soils,\" or possibly Peat Moss. The wood fiber product in
question could conceivably be used in as many different applications as
\"Animal Bedding,\" \"Insulation,\" \"Mulch\" (A Horticultural Above
Ground Dressing), etc. The reasons for establishing expanded MAVs for
Mulch and Soil may also apply to other similar products. Item 250-10,
which was adopted at the 83^rd^ National Conference on Weights and
Measures in 1998, and was entitled \"Bark Mulch, and Other Organic
Products -- Maximum Allowable Variations\" discussed the reasoning and
the necessity for expanded MAVs in certain circumstances.

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

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

###### 270 OTHER ITEMS

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

(This item was withdrawn.)

**Source:** Central Weights and Measures Association (CWMA). (See item
260-1 on page L&R-13 in the Report of the 86th NCWM Annual Meeting in
2001.)

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

> \(1\) Establish a Working Group to study current market conditions for
> enhanced versus non-enhanced meat and poultry products, to determine
> the extent to which water and/or other added solutions are no longer
> retained in the product at the time of sale (i.e., are lost into the
> packaging material or are otherwise free-flowing) recognizing Federal
> regulations that are in place which govern labeling of such products;
> and
>
> \(2\) Direct the Working Group to make recommendations to the
> Committee based on findings of the study concerning what is to be
> considered "reasonable moisture allowances" when conducting Handbook
> 133 inspections of enhanced meat and poultry products.

**Discussion:** This item was adopted in 2001, but has remained on the
Committee's agenda pending the appointment of the Working Group by the
NCWM Board of Directors. The NCWM Board of Directors decided to hold a
Rountable session ont his issue instead of appointing a Working Group.
The Committee has withdrawn this item.

[^1]

[]{#Appendix_A .anchor}Appendix A

**Recommendation for 237-2**

**NIST Handbook 130: Engine Fuels, Petroleum Products,**

**and Automotive Lubricants Regulation**

Uniform Engine Fuels, Petroleum Products,

and Automotive Lubricants Regulation

as adopted by

The National Conference on Weights and Measures[^2]

**1. Background**

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

A Motor Fuels Task Force was appointed in 1984 to develop mechanisms for
achieving uniformity in the evalu­ation and regu­lation of motor fuels.
The Task Force developed the Uniform Motor Fuel Inspection Law (see the
Uniform Laws section of this Handbook) and the Uniform Motor Fuel
Regulation to accompany the Law. The recommended Law required
registration and certification of motor fuel as meeting ASTM standards.
The regulation defined the ASTM standards to be applied to motor fuel.

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

**2. Status of Promulgation**

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

**Table of Contents**

## Section Page

1.  Definitions 153

    1.  ASTM 153

    2.  Antiknock Index (AKI) 153

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

2\. Standard ~~Fuel~~ Specifications 156

1.  Gasoline and Gasoline-Oxygenate Blends 156

2.  Diesel Fuel 157

3.  Aviation Turbine Fuels 157

4.  Aviation Gasoline 157

5.  Fuel Oils 157

6.  Kerosene (Kerosine) 157

7.  Ethanol 158

8.  Liquefied Petroleum (LP) Gases 158

9.  Compressed Natural Gas (CNG) 158

10. E85 Fuel Ethanol 158

11. M85 Fuel Methanol 158

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

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

1.  General Considerations 158

2.  Automotive Gasoline and Automotive Gasoline-Oxygenate Blends 158

3.  Diesel Fuel 159

4.  Aviation Turbine Fuels 160

5.  Aviation Gasoline 161

6.  Fuel Oils 161

7.  Kerosene (Kerosine) 161

8.  Fuel Ethanol 161

9.  Fuel Methanol 161

10. Liquefied Petroleum Gas (LPG) 162

11. Compressed Natural Gas 162

12. Liquefied Natural Gas 162

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

3.  Retail Storage Tanks 163

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

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

3.  Product Storage Information 163

4.  Volume of Product Information 163

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4.  Condemned Product 163

    1.  Stop-Sale Order at Retail 163

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

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5.  Product Registration 163

    1.  Engine Fuels Designated for Special Use 163

    2.  Renewal 163

    3.  Re-registration 163

    4.  Authority to Deny Registration 163

    5.  Transferability 163

6.  Test Methods and Reproducibility Limits 164

    1.  ASTM Standard Test Methods 164

    2.  Reproducibility Limits 164

**Uniform Engine Fuels, Petroleum Products,**

**and Automotive Lubricants Regulation**

**Section 1. Definitions**

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

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

**[1.3. Automatic Transmission Fluid. - Automatic Transmission Fluid
means a product intended for use in a passenger vehicle, other than a
bus, as either a lubricant, coolant, or liquid medium in any type of
fluid automatic transmission, that contains a torque converter. For the
purposes of this regulation, fluids intended for use in continuously
variable transmissions are not considered "Automatic Transmission
Fluid."]{.underline}**

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

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

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

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

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

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

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

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

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

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

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

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

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

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

**~~1.17.~~[1.18.]{.underline} Engine Fuel.** - Engine Fuel means any
liquid or gaseous matter used for the generation of power in an internal
combustion engine.

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

**~~1.19.~~[1.20.]{.underline} Ethanol.** - Ethanol also known as
\"Denatured Fuel Ethanol,\" means nominally anhydrous ethyl alcohol
meeting ASTM D 4806 standards. It is intended to be blended with
gasoline for use as a fuel in a spark-ignition internal combustion
engine. The denatured fuel ethanol is first made unfit for drinking by
the addition of Bureau of Alcohol, Tobacco, and Firearms (BATF) approved
substances before blending with gasoline.

**~~1.20.~~[1.21.]{.underline} Fuel Oil.** - Fuel Oil means a refined
oil middle distillates, heavy distillates, or residues of refining, or
blends of these, suitable for use as a fuel for heating or power
generation, the classification of which shall be defined by ASTM D 396.

**~~1.21.~~[1.22.]{.underline} Gasoline.** - Gasoline means a volatile
mixture of liquid hydrocarbons generally containing small amounts of
additives suitable for use as a fuel in a spark-ignition internal
combustion engine.

**~~1.22.~~[1.23.]{.underline} Gasoline-Alcohol Blend.** -
Gasoline-Alcohol Blend means a fuel consisting primarily of gasoline and
a substantial amount (more than 0.35 mass percent of oxygen, or more
than 0.15 mass percent of oxygen if methanol is the only oxygenate) of
one or more alcohols.

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

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

**~~1.25.~~[1.26.]{.underline} Gasoline-Oxygenate Blend.** -
Gasoline-Oxygenate Blend means a fuel consisting primarily of gasoline
along with a substantial amount (more than 0.35 mass  percent of oxygen,
or more than 0.15 mass  of oxygen if methanol is the only oxygenate) of
one or more oxygenates.

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

**~~1.26.~~[1.28.]{.underline} Kerosene.** - Kerosene (or \"Kerosine\")
means a refined middle distillate suitable for use as a fuel for heating
or illuminating, the classification of which shall be defined by ASTM D
3699.

**~~1.27.~~[1.29.]{.underline} Lead Substitute.** - Lead Substitute
means an EPA-registered gasoline additive suitable, when added in small
amounts to fuel, to reduce or prevent exhaust valve recession (or seat
wear) in automotive spark-ignition internal combustion engines designed
to operate on leaded fuel.

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

**~~1.29.~~[1.31.]{.underline} Leaded.** - Leaded means, for labeling
purposes, any gasoline or gasoline-oxygenate blend which contains more
than 0.013 g of lead per liter (0.05 g lead per U.S. gal). NOTE: EPA
defines leaded fuel as one which contains more than 0.0013 g of
phosphorus per liter (0.005 g per U.S. gal), or any fuel to which lead
or phosphorus is intentionally added.

**~~1.30.~~[1.32.]{.underline} Liquefied Natural Gas (LNG).** - LNG
means natural gas that has been liquefied at -126.1 C (‑259 F) and
stored in insulated cryogenic tanks for use as an engine fuel.

**~~1.31.~~[1.33.]{.underline} Liquefied Petroleum Gas (LPG).** - LPG
means a mixture of normally gaseous hydrocarbons, predominantly propane,
or butane, or both, that has been liquefied by compression or cooling,
or both to facilitate storage, transport, and handling.

**~~1.32.~~[1.34.]{.underline} Low Sulfur.** - Low Sulfur means low
sulfur diesel fuel that meets ASTM D 975 (e.g., Grade Low Sulfur No. 1-D
or Grade Low Sulfur No. 2-D) standards. Diesel fuel containing higher
amounts of sulfur for off-road use is defined by EPA regulations.

**~~1.33.~~[1.35.]{.underline} Low Temperature Operability.** - Low
Temperature Operability means a condition which allows the uninterrupted
operation of a diesel engine through the continuous flow of fuel
throughout its fuel delivery system at low temperatures. Fuels with
adequate low temperature operability characteristics have the ability to
avoid wax precipitation and clogging in fuel filters.

(Added 1998)(Amended 1999)

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

**~~1.35.~~[1.37.]{.underline} M100 Fuel Methanol.** - M100 Fuel
Methanol means nominally anhydrous methyl alcohol, generally containing
small amounts of additives, suitable for use as a fuel in a
compression-ignition internal combustion engine.

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

**~~1.37.~~[1.39.]{.underline} Motor Octane Number.** - Motor Octane
Number means a numerical indication of a spark-ignition engine fuel\'s
resistance to knock obtained by comparison with reference fuels in a
standardized ASTM D 2700 Motor Method engine test.

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

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

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

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

**~~1.40.~~[1.44.]{.underline} Reformulated Gasoline.** - Reformulated
Gasoline means a volatile mixture of liquid hydrocarbons and oxygenates
meeting the reformulated gasoline requirements of the Clean Air Act
Amendments of 1990 and suitable for use as a fuel in a spark-ignition
internal combustion engine.

**~~1.41.~~[1.45.]{.underline} Research Octane Number.** - Research
Octane Number means a numerical indication of a spark-ignition engine
fuel\'s resistance to knock obtained by comparison with reference fuels
in a standardized ASTM D 2699 Research Method Engine Test.

**~~1.42.~~[1.46.]{.underline} SAE.** - **SAE** means the Society of
Automotive Engineers, a technical organization for engineers,
scientists, technicians, and others in positions that cooperate closely
in the engineering, design, manufacture, use, and maintainability of
self-propelled vehicles.

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

**~~1.44.~~[1.48.]{.underline} Thermal Stability.** - Thermal Stability
means the ability of a fuel to resist the thermal stress which is
experienced by the fuel when exposed to high temperatures in a fuel
delivery system. Such stress can lead to formation of insoluble gums or
organic particulates. Insolubles (e.g., gums or organic particulates)
can clog fuel filters and contribute to injector deposits.

(Added 1998)(Amended 1999)

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

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

**~~1.47.~~[1.51.]{.underline} Unleaded.** - Unleaded in conjunction
with \"engine fuel\" or \"gasoline\" means any gasoline or
gasoline-oxygenate blend to which no lead or phosphorus compounds have
been intentionally added and which contains not more than 0.013 gram of
lead per liter (0.05 g lead per U.S. gal) and not more than 0.0013 gram
of phosphorus per liter (0.005 g phosphorus per U.S. gal).

**~~1.48.~~[1.52.]{.underline} Wholesale Purchaser Consumer.** -
Wholesale Purchaser Consumer means any person who is an ultimate
gasoline consumer of fuel methanol, fuel ethanol, diesel fuel,
biodiesel, fuel oil, kerosene, aviation turbine fuels, natural gas,
compressed natural gas, or liquefied petroleum gas and who purchases or
obtains the product from a supplier and receives delivery of that
product into a storage tank.

(Added 1998)(Amended 1999)

**Section 2. Standard Specifications**

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

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

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

> **2.2.1. Premium Diesel Fuel. -** All diesel fuels identified on
> retail dispensers, bills of lading, invoices, shipping papers, or
> other documentation with terms such as premium, super, supreme, plus,
> or premier must conform to the following requirements:
>
> **(a) Cetane Number. -** A minimum cetane number of 47.0 as determined
> by ASTM Standard Test Method D 613.
>
> **(b)** **Low Temperature Operability. -** A cold flow performance
> measurement which meets the ASTM D 975 tenth percentile minimum
> ambient air temperature charts and maps by either ASTM Standard Test
> Method D 2500 (Cloud Point) or ASTM Standard Test Method D 4539 (Low
> Temperature Flow Test, LTFT). Low temperature operability is only
> applicable October 1 ‑ March 31 of each year.
>
> **(c) Thermal Stability. -** A minimum reflectance measurement of 80 %
> as determined by ASTM Standard Test Method D 6468 (180 minutes,
> 150 °C).
>
> **(d) Lubricity.** - A maximum wear scar diameter of 520 microns as
> determined by ASTM D 6079. If an enforcement jurisdiction's single
> test of more than 560 microns is determined, a second test shall be
> conducted. If the average of the two tests is more than 560 microns,
> the sample does not conform to the requirements of this part.

(Amended 2003)

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

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

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

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

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

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

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

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

**2.10. E85 Fuel Ethanol** shall meet the most recent version of ASTM D
5798, \"Standard Specification for Fuel Ethanol (Ed75-Ed85) for
Automotive Spark-Ignition Engines.\"

(Added 1997)

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

(Added 1997)

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

\(a\) Performance claims listed on the label shall be evaluated against
SAE J183, API 1509 Engine Oil Licensing and Certification System, or
other industry standards as applicable.

> **[(b) It shall meet its labeled viscosity grade specification as
> specified in the latest published version of SAE J300.]{.underline}**
>
> **[(c) Any engine oil that is represented as "energy conserving" shall
> meet the requirements established by the latest revision of SAE
> J1423.]{.underline}**

**[2.13. Products for Use in Lubricating Manual Transmission, Gears, or
Axles shall not be sold or distributed for use in lubricating manual
transmissions, gears, or axles unless the product conforms to the
following specifications:]{.underline}**

**[(a) It is labeled with one or more of the service designations found
in the latest revision of the SAE Information Report on axle and manual
transmission lubricants SAE J308 and API Publication 1560, or other
industry standards as appropriate, and meets all applicable requirements
of those designations.]{.underline}**

> **[(b) The product shall meet its labeled viscosity grade
> classification as specified in the latest published version of SAE
> J306]{.underline} or SAE J300, as applicable[.]{.underline}**
>
> **[(c) It shall be free from water and suspended matter when tested by
> means of centrifuge, in accordance with the standard test ASTM D
> 2273.]{.underline}**

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

**[Any material offered for sale or sold as an additive to automatic
transmission fluids shall be compatible with the automatic transmission
fluid to which it is added, and shall meet all performance claims as
stated on the label. Any manufacturer of any such product sold in this
state shall provide, upon request by a duly authorized representative of
the Director, documentation of any claims made on their product
label.]{.underline}**

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

**3.1. General Considerations.**

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

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

> **3.2.1.** **Posting of Antiknock Index Required.** - All automotive
> gasoline and automotive gasoline-oxygenate blends shall post the
> antiknock index in accordance with applicable regulations, 16 CFR Part
> 306 issued pursuant to the Petroleum Marketing Practices Act, as
> amended.
>
> **3.2.2.** **When the Term \"Leaded\" may be Used.** - The term
> \"leaded\" shall only be used when the fuel meets specification
> requirements of paragraph 2.1.5.
>
> **3.2.3.** **Use of Lead Substitute must be Disclosed.** - Each
> dispensing device from which gasoline or gasoline-oxygenate blends
> containing a lead substitute is dispensed shall display the following
> legend: \"Contains Lead Substitute.\" The lettering of this legend
> shall not be less than 12 mm (1/2 in) in height and the color of the
> lettering shall be in definite contrast to the background color to
> which it is applied.
>
> **3.2.4.** **Nozzle Requirements for Leaded Fuel.** - Each dispensing
> device from which gasoline or gasoline-oxygenate blends that contain
> lead in amounts sufficient to be considered \"leaded\" gasoline, or
> lead substitute engine fuel, is sold shall be equipped with a nozzle
> spout having a terminal end with an outside diameter of not less than
> 23.63 mm (0.930 in).
>
> **3.2.5.** **Prohibition of Terms.** - It is prohibited to use
> specific terms to describe a grade of gasoline or gasoline-oxygenate
> blend unless it meets the minimum antiknock index requirement shown in
> Table 1.
>
> **3.2.6. Method of Retail Sale - Type of Oxygenate must be
> Disclosed.** - All automotive gasoline or automotive
> gasoline-oxygenate blends kept, offered, or exposed for sale, or sold
> at retail containing at least 1.5 mass  percent oxygen shall be
> identified as "with" or "containing" (or similar wording) the
> predominant oxygenate in the engine fuel. For example, the label may
> read "contains ethanol" or "with MTBE." The oxygenate contributing the
> largest mass percent oxygen to the blend shall be considered the
> predominant oxygenate. Where mixtures of only ethers are present, the
> retailer may post the predominant oxygenate followed by the phrase "or
> other ethers" or alternatively post the phrase "contains MTBE or other
> ethers." In addition, gasoline-methanol blend fuels containing more
> than 0.15 mass percent oxygen from methanol shall be identified as
> "with" or "containing" methanol. This information shall be posted on
> the upper 50 % of the dispenser front panel in a position clear and
> conspicuous from the driver's position in a type at least 12.7 mm (½
> in) in height, 1.5 mm (1/16 in) stroke (width of type).
>
> (Amended 1996)
>
> **3.2.7. Documentation for Dispenser Labeling Purposes.** - The
> retailer shall be provided, at the time of delivery of the fuel, on an
> invoice, bill of lading, shipping paper, or other documentation, a
> declaration of the predominant oxygenate or combination of oxygenates
> present in concentrations sufficient to yield an oxygen content of at
> least 1.5 mass  percent in the fuel. Where mixtures of only ethers are
> present, the fuel supplier may identify either the predominant
> oxygenate in the fuel (i.e., the oxygenate contributing the largest
> mass percent oxygen) or, alternatively, use the phrase "contains MTBE
> or other ethers." In addition, any gasoline containing more than
> 0.15 mass percent oxygen from methanol shall be identified as "with"
> or "containing" methanol. This documentation is only for dispenser
> labeling purposes; it is the responsibility of any potential blender
> to determine the total oxygen content of the engine fuel before
> blending. (Amended 1996)

**3.3. Diesel Fuel.**

> **3.3.1.** **Labeling of Grade Required.** - Diesel Fuel shall be
> identified by grades No. 1-D, No. 1-D (low sulfur), No. 2-D, No. 2-D
> (low sulfur), or No. 4-D. Each retail dispenser of diesel fuel shall
> be labeled according to the grade being dispensed except the words
> \"low sulfur\" are not required.
>
> **3.3.2. Location of Label.** - These labels shall be located on the
> upper 50 % of the dispenser front panel in a position clear and
> conspicuous from the driver's position, in a type at least 12 mm
> (1/2 in) in height, 1.5 mm (1/16 in) stroke (width of type).
>
> **3.3.3. Delivery Documentation. -** Before or at the time of delivery
> of premium diesel fuel, the retailer or the wholesale
> purchaser‑consumer shall be provided on an invoice, bill of lading,
> shipping paper, or other documentation a declaration of all
> performance properties that qualifies the fuel as premium diesel fuel
> as required in § 2.2.1.
>
> (Added 1998; Amended 1999)

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

**3.4. Aviation Turbine Fuels.**

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

**3.5. Aviation Gasoline****.**

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

**3.6. Fuel Oils.**

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

**3.7. Kerosene (Kerosine).**

> **3.7.1. Labeling of Grade Required.** - Kerosene shall be identified
> by the grades No. 1-K or No. 2-K.
>
> **3.7.2. Additional Labeling Requirements.** - Each retail dispenser
> of kerosene shall be labeled as 1-K Kerosene or 2-K. In addition, No.
> 2-K dispensers shall display the following legend:
>
> \"Warning - Not Suitable For Use In Unvented Heaters Requiring No.
> 1-K.\"
>
> The lettering of this legend shall not be less than 12 mm (1/16 in) in
> height by 1.5 mm (1/16 in) stroke; block style letters and the color
> of lettering shall be in definite contrast to the background color to
> which it is applied.

**3.8. Fuel Ethanol.**

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

**3.9. Fuel Methanol.**

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

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

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

**3.11. Compressed Natural Gas.**

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

**3.12. Liquefied Natural Gas.**

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

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

Each label for gear oil shall contain the viscosity grade classification
preceded by the letters "SAE" in accordance with the SAE International's
latest version of SAE J306 or SAE J300. (Exception: Some automotive
equipment manufacturers may not necessarily specify an "SAE" viscosity
grade requirement for some applications. Gear oils intended to be used
only in such applications are not required to contain an "SAE Viscosity
Grade" on their labels.)

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

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

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

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

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

**Section 4. Retail Storage Tanks**

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

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

**4.3. Product Storage Identification.**

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

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

#### 

#### Section 5. Condemned Product

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

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

**Section 6. Product Registration**

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

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

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

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

**6.4. Authority to Deny Registration.** - The Director may decline to
register any product that actually or by implication would deceive or
tend to deceive a purchaser as to the identity or the quality of the
engine fuel.

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

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

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

> **7.1.1. Premium Diesel. -** The following test methods shall be used
> to determine compliance with the premium diesel parameters:

(a) Cetane Number - ASTM D 613

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

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

(d) Lubricity - ASTM D 6079

(Amended 2003)

**7.2. Reproducibility Limits.**

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

[]{#Appendix_B .anchor}Appendix B

**Recommendation for 260-1**

**NIST Handbook 133: Edit Appendix A. Tables 2-5, 2-6, 2-8, and 2-10**

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

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

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

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

[]{#Appendix_C .anchor}Appendix C

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

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

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

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

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

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

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

  6     There is no demonstrated need for this change.             65

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

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

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

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

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

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

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

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

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

  16    Oppose the proposal (no reasons given).                    17

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

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

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

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

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

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

  23    The proposed changes are meaningless and cumbersome.       5

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  Adams, J.           Self                                     Unknown

  Anthony, John       Anthony Timberlands Inc                  AR

  Anthony, Steven     Anthony Timberlands Inc                  AR

  Argow, Keith        National Woodland Owners Association     VA

  Armstrong, James    Portac Inc                               WA

  Arnold, Jerry       Weyerhaeuser                             AR

  Ashby, Jerry        Pacific Rim Log Scaling Bureau Inc       WA

  Askew, Joe          Self                                     Unknown

  Baker, Ronald       Miller Shingle Company                   WA

  Barras, Steve       ORRM                                     Unknown

  Bartlett, Michael   Hull Forest Products Inc                 Unknown

  Bauer, Robert       Kentucky Forest Industries Association   KY

  Beddingfield, Ben   Floragon Forest Products Inc             OR

  Belken, Ed          Self                                     WV

  Bellman, Mickey     MSB Consulting Inc                       OR

  Benson, Mark        Potlatch Corporation                     ID/AR/MN

  Billman, Mike       Malheur Lumber Company                   OR

  Blachly, Andy       Hampton Tree Farms Inc                   OR

  Black, Robert III   Timberland Resources Inc                 Unknown

  Bland, John &       Self                                     AR
  Bobbie                                                       

  Bolland, Jud        Potlatch Corporation                     ID/AR/MN

  Bradetich, Doug     Riley Creek Lumber Company               ID

  Braswell, Max       Domtar Industries Inc                    AR

  Brenneisen, Dave    Federal Timber Purchasers Committee      SD

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

  Brodie, T. Furman   Charles Ingram Lumber Company Inc        SC

  Brown, Keith        Texas Logging Council                    TX

  Burgess, Steven     Self                                     AR

  Burns, Debbie       Southeastern Lumber Manufacturers        GA
                      Association Inc                          

  Burton, Larry       Tru-Wood Cabinets Inc                    AL

  Bush, J.R.          Virginia Forest Products Association     VA

  Camp, Wade          SFPA                                     LA

  Caroll, Mark        Appalachian Forest Products Inc          WV

  Casey, Don          Self                                     AL

  Cathey, Joel        Ontario Hardwood Company Inc             VA

  Chang, Sun Joseph   Louisiana State University               LA

  Cochran, Carrol     Self                                     Unknown

  Colegrove, Nolan    Intertribal Timber Council               OR
  Sr.                                                          

  Cooper, Karl        Georgia-Pacific Corporation              GA

  Craig, Keith        Pennsylvania Hardwoods Development       PA
                      Council                                  

  Crawford, Sloane    New York State Forest Products Utility   NY
                      Program                                  

  Crites, John        Allegheny Wood Products Inc              WV

  Crouse, Richard     Bryant & Young Lumber Company Inc        NC

  Crowell, James      Northern California Log Scaling &        CA
                      Grading Bureau                           

  Curtis, Gary        Columbia River Log Scaling & Grading     OR
                      Bureau                                   

  Dale, Don           Weyerhaeuser                             AR

  Dicke, Stephen      Self                                     MS

  Dinwiddle, Candace  Tennessee Forestry Association           TN

  Dismukes, Mr.       Vaiden Timber Company                    MS

  Dructor, Daniel     American Loggers Council                 TX

  Dye, Charles        West Virginia Division of Forestry       WV

  East, Vicki         Tru-Wood Cabinets Inc                    AL

  Ellis, Richard      Ellis & Holmes LLC                       NC

  Farrell, Jay        American Forest & Paper Association      DC

  Fischer, Burnell    National Association of State Foresters  DC

  Fishering, Nancy    Colorado Timber Industry Association     CO

  Foil, Dave          Forest Resource Consultants Inc          GA

  Ford, Doug          Minnesota DNR Division of Forestry       MN

  Foster, James       Kingwood Forestry Service Inc            AR

  Francisco, Gene     Wisconsin Professional Loggers           WI
                      Association                              

  Freeman, Kenneth    Self                                     AL

  Freres, Robert Jr.  Freres Lumber Company Inc                OR

  Geisinger, James    Associated Oregon Loggers Inc            OR

  Gelbert, Robin      Self                                     Unknown

  Gentis, Walt        Ochoco Lumber Company                    OR

  Gibbs, Kenneth      Self                                     WV

  Giustina, Larry     Giustina Land & Timber Company           Unknown

  Goergen, Michael    Society of American Foresters            MD
  Jr.                                                          

  Graham, Owen        Alaska Forest Association Inc            AK

  Griffith, Bruce     Griffith Lumber Company Inc              VA

  Haines, Gary        TreeSource Industries Inc                Unknown

  Hale, Paul          Texas Logging Council                    TX

  Hamel, Ralph        Ralph Hamel Forest Products Inc          WI

  Hamilton, Will      Hamilton Resource Management             WA

  Hampton, David      Hampton Tree Farms Inc                   OR

  Hayes, Vernon Jr.   Forest Landowners Association            MD

  Heissenbuttel, John American Forest & Paper Association      DC

  Henderson, Bud      Hampton Tree Farms Inc                   OR

  Hicks, Ed           Self                                     Unknown

  Hogan, Jane         Ontario Hardwood Company Inc             VA

  Hogan, R. Holt      Ontario Hardwood Company Inc             VA

  Horn, Clinton       Bradley Lumber Company                   AR

  Houghland, Paul Jr. National Hardwood Lumber Association     TN

  Howe, Paul          Virginia Forestry Association            VA

  Hufford, Ron        Texas Forestry Association               TX

  Hurst, James        Owens & Hurst                            MT

  Ivanoff, David      Hampton Tree Farms Inc                   OR

  Jaynes, Crad        South Carolina Timber Producers          SC
                      Association                              

  Johnson, Roy        Self                                     Unknown

  Johnston, George    Self                                     AR

  Jones, William      Alabama Loggers Council                  AL

  Jordan, Jonell      Tru-Wood Cabinets Inc                    AL

  Keep, Scott         Self                                     OR

  Keider, Michael     Self                                     Unknown

  Keighley, Tom       Self                                     LA

  Kelly, Boyd         Alabama Loggers Council                  AL

  Kendrick, Gordon    Self                                     AL

  Kennell, David      Self                                     WV

  King, Kevin         Empire State Forest Products Association NY

  Kirkmire, George    Washington Contract Loggers Association  WA

  Kostovick, Matthew  Self                                     WV

  Koulianos, Nick Jr. Self                                     Unknown

  Kriegel, Paul       Goodyear Nelson Hardwood Lumber Company  Unknown
                      Inc                                      

  Levins, Bob         State of Arkansas                        AR

  Lewis, Richard      Forest Resources Association             MD

  Linn, Danny & Linda Self                                     AR

  Livingston, Phillip Kingwood Forestry Service Inc            AR

  Lockhart, Chuck     K Ply Inc                                WA

  Lynn, Jerry         Self                                     AR

  Lyskava, Paul       Pennsylvania Forest Products Association PA

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

  Mansius, Donald     Maine Forest Service                     ME

  McGuire, Greg       Boise Cascade Corporation                WA

  McKinney, Gary      Green Bay Packaging                      AR

  McLaughlin, Bruce   Robbins Lumber Inc                       ME

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

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

  Morgan, Allen       Self                                     Unknown

  Nutt, James         Timber Services Inc                      TX

  Oates, Rick         Alabama Loggers Council                  AL

  Padgett, Preston    Packaging Corporation of America         TN

  Partin, Tom         American Forest Resource Council         OR

  Pickell, Bill       Washington Contract Loggers Association  WA

  Pomeroy, Ed         Georgia-Pacific Corporation              GA

  Porter, Edwin       Maine Department of Agriculture          ME

  Pullin, Steve       SV Pullin Inc                            WA

  Randall, Mike       Swanson Bros Lumber Co                   OR

  Ranick, Jim         Black Hills Forest Resource Association  SD

  Re, Richard         Seneca Sawmill Company                   OR

  Reckart, Donna      Public Lands Committee, WV Forestry      WV
                      Association                              

  Regan, Edward       RY Timber Inc                            MT

  Reynolds, Teddy     Reynolds Forestry Consulting-RFC Inc     AR

  Richbourg, David    Self                                     NC

  Ridenhour, Cory     Missouri Forest Products Association     MO

  Riley, James        Intermountain Forest Association         ID

  Robbins, J. Kelley  Arkansas Forestry Association            AR

  Roberts, Karen      Self                                     AL

  Robinson, Foster    Starfire                                 OR

  Rodgers, Kirk       Maryland Forests Association Inc         MD

  Roesch, Teresa      Self                                     AL

  Rossi, Theodore     Rossi American Hardwoods Inc             Unknown

  Rush, David         Tru-Wood Cabinets Inc                    AL

  Rush, Kenneth       Tru-Wood Cabinets Inc                    AL

  Schatz, Fred        Columbia Vista Corporation               Unknown

  Schmidt, Ernie      Wyoming Timber Industry Association      WY

  Schroeder, Gary     C&D Lumber Company                       OR

  Scott, Robert       South Carolina Forestry Association      SC

  Shannon, Rosemond   Self                                     AL

  Shaw, Randy         Forest Resource Consultants Inc          GA

  Shofner, Tara       Arkansas Farm Bureau                     AR

  Simpson, Montgomery Georgia Forestry Association             GA

  Slocum, Robert Jr.  North Carolina Forestry Association      NC

  Smith, Douglas      Self                                     Unknown

  Smith, Ed           Self                                     LA

  Smythe, Stuart      Self                                     Unknown

  Spadaro, Jason      SDS Lumber Company                       WA

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

  Stephens, Melanie   Linden Lumber Company LTD                AL

  Stock, Jasen        New Hampshire Timberland Owners          NH
                      Association                              

  Storm, Rex          Associated Oregon Loggers Inc.           OR

  Swanson, Susan      Allegheny Hardwood Utilization Group     PA

  Tennyson, Carolyn   Self                                     AR

  Thayer, Laurel      Freres Lumber Company Inc                OR

  Thompson, Lynn      University of Arkansas                   AR

  Thompson, Tom       USDA Forest Service, National Forest     DC
                      System                                   

  Thornbury, Larry    Tru-Wood Cabinets Inc                    AL

  Vroman, S. Mark     Hampton Tree Farms Inc                   OR

  Waybright, Dick     West Virginia Forestry Association       WV

  Westmark, Russ      Portac Inc.                              WA

  Whistler, Alex      Bureau of Indian Affairs                 OR

  Wilson, Frank       Self                                     Unknown

  Woodbury, George    Alaska Forest Association Inc            AK

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

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

[]{#Appendix_D .anchor}**Appendix D**

The L&R Committee Recommendation

to the Board of Directors on Workgroups

The Committee believes that the current structure, whereby NIST
establishes and coordinates Workgroups when it feels that they are
warranted, works well and should be encouraged to continue. If, however,
the NCWM Board feels that establishing and coordinating their own
Workgroups would be beneficial, then the Committee would like to make
the following recommendations:

**Placement of Workgroups within the NCWM process:**

# 

# 

**Setting up Workgroups**

-   Workgroups should be established to address complex or controversial
    issues that come before the NCWM. The intent of these workgroups
    should be to bring all effected and interested parties (federal,
    state and local regulators; manufacturers; distributors; retailers;
    consumers; etc.) together to discuss and develop proposals to
    resolve these issues in a way that all parties can agree upon (or at
    least live with).

-   Workgroups should be established at the discretion of the Standing
    Committees.

-   If the Standing Committee believes that the Workgroup can perform
    its work without funding (e.g., through e-mail), then the Standing
    Committee would merely provide the Board with notice that the
    Standing Committee has established a Workgroup through a copy of the
    Workgroup's Charter.

-   If the Standing Committee believes that the Workgroup will need
    funds to perform its tasks, then the Standing Committee should
    submit to the Board a budget along with a request for funds and a
    copy of the Workgroup's Charter. The Board should be required to
    approve, deny, or modify the Standing Committee's request for funds
    by the end of the Board meeting that immediately follows the request
    of the Standing Committee (e.g., if the Standing Committee requested
    funds for a Workgroup at the NCWM Annual meeting, the Board should
    be required to act on this request by the end of the Board's fall
    meeting).

**The Workgroup's Charter**

-   To provide the Workgroup with clear direction and to help it
    understand what the Standing Committee expects as a product, the
    Standing Committee should be required to draft a Charter for each
    Workgroup it establishes. (For example: This Workgroup is
    established to study temperature compensated sales of petroleum
    products other than LPG. As part of this study, the Workgroup is
    expected to determine: (1) How common is the practice of temperature
    compensation with different devices (VTMs, RMFDs, etc.) and
    different petroleum products (gasoline, home heating fuel, etc.)
    both inside and outside the U.S.; and (2) What jurisdictions within
    the U.S. currently have laws regulating the temperature compensation
    of petroleum products (both requiring and prohibiting), and what do
    those laws say. Ultimately, the Workgroup is expected to make
    recommendations to the Standing Committee: (1) About whether or not
    the temperature compensation of petroleum products should be
    permissible, prohibited, or mandated; and (2) Suggesting language
    for a new law or regulation that the Standing Committee can take to
    the NCWM for a vote.)

-   As part of the Charter, the Standing Committee should establish
    intermediary goals with timelines for the Workgroup to report
    progress to the Standing Committee.

-   As part of the Charter, the Standing Committee should designate a
    Workgroup Chairperson. The Workgroup Chairperson will be responsible
    for contacting the participants, coordinating the meetings, and
    making reports to the Standing Committee.

-   As part of the Charter, the Standing Committee should identify key
    regulatory, industry, and consumer stakeholders that the Workgroup
    Chairperson is expected to contact and invite to participate in the
    Workgroup. These stakeholders should not be required to be, or
    become, members of the NCWM.

**Workgroup Membership**

-   Workgroups should be comprised of interested volunteers. No one who
    is interested in an issue should be prohibited from participating in
    the Workgroup.

-   Workgroup participants should not need to be NCWM members. (If
    participants in the Workgroup see the NCWM as having value, they
    should be encouraged to join. However, it is in the best interest of
    the NCWM to have input from all sides of an issue from those
    individuals who are the most knowledgeable, and therefore the L&R
    Committee believes that it is not advisable to exclude non-NCWM
    members from participating in the Workgroups.)

-   The Workgroup Chairperson should have the discretion to expand the
    Workgroup participants beyond the stakeholders identified by the
    Standing Committee.

-   All agencies/companies/organizations/associations that participate
    in the Workgroup should have an equal voice in the final product of
    the Workgroup.

**Communications Outside the Workgroup**

-   The NCWM should establish a webpage for each Workgroup so the
    Workgroup can post its reports, meeting schedules, and contact
    information.

-   The Standing Committee's Charter establishing the Workgroup should
    be published in NIST Publication 15 or 16 as part of the Standing
    Committee's Report.

-   The progress reports that the Workgroup submits to the Standing
    Committee per the Workgroup's Charter should be published in NIST
    Publication 15 or 16 as part of the Standing Committee's Report.

-   Workgroup participants should be encouraged to write articles for
    trade association and consumer newsletters about the work of the
    Workgroup and to solicit input from non-participants.

**Funding Workgroup Participation**

-   If travel and other expenses are anticipated, state and local
    jurisdictions will need funding to participate in the Workgroups.
    The Standing Committee, when drafting the Workgroup budget and
    request for funds from the Board, should specify how many
    jurisdictions the Standing Committee believes should be funded to
    participate.

-   If travel and other expenses are anticipated, consumer groups and
    other parties may need funding to participate in the Workgroups. The
    Standing Committee, when drafting the Workgroup budget and request
    for funds from the Board, should specify how many other members the
    Standing Committee believes should be funded to participate.

-   Federal agencies and industry members should be expected to fund
    their own participation.

-   If there are more parties interested in participating in the
    Workgroup than there is money to fund them, then the Workgroup
    Chairman should have the discretion to decide whose participation
    shall be funded. Such decision shall be made based upon the needs of
    the Workgroup, and be made to ensure adequate representation of all
    sides of the issue. The decision of the Workgroup Chairman may be
    appealed to the Standing Committee, if necessary.

[^3]

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

    J. Gomez, New Mexico

    M. Gray, Florida

    J. Cassidy, Cambridge, Massachusetts

    V. Dempsey, Montgomery County, Ohio

    V. Orr, ConAgra Foods, Associate Committee Representative

    B. Lemon, Industry Canada, Technical Advisor

    D. Hutchinson, Measurement Canada, Technical Advisor

    K. Dresser, NIST, Technical Advisor

    **Committee on Laws and Regulations**

[^2]: ^\*^ *The National Conference on Weights and Measures is supported
    by the National Institute of Standards and Technology in partial
    implementation of its statutory responsibility for "cooperation with
    the States in securing uniformity in weights and measures laws and
    methods of inspection."*

[^3]: ^^Dennis Johannes, California, Chairman

    Joe Gomez, New Mexico

    Max Gray, Florida

    James Cassidy, Cambridge, Massachusetts

    Vicky Dempsey, Montgomery County, Ohio

    Vincent Orr, ConAgra Foods, Associate Member Representative

    Doug Hutchinson, Canada, Technical Advisor

    Brian Lemon, Canada, Technical Advisor

    Kathryn Dresser, NIST, Technical Advisor

    **Committee on Laws and Regulations**