4/23/2018 View Document - New Y ork State Register
https://govt.westlaw .com/nyreg/Document/Ib159c89231d01 1e89c3baf6953e1f1be?viewT ype=FullT ext&originationContext=documenttoc&transitionT ype=CategoryPagNational Institute of Standards and T echnology ("NIST") Handbook 44
NY-ADR
3/28/18 N.Y. St. Reg. AAM-13-18-00013-P
NEW YORK ST ATE REGISTER
VOLUME XL, ISSUE 13
March 28, 2018
RULE MAKING ACTIVITIES
DEPARTMENT OF AGRICUL TURE AND MARKETS
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
 
I.D No. AAM-13-18-00013-P
National Institute of Standards and Technology ("NIST") Handbook 44
PURSUANT T O THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed
rule:
Proposed Action:
This is a consensus rule making to amend section 220.2 of T itle 1 NYCRR.
Statutory authority:
Agriculture and Markets Law , sections 16, 18 and 179
Subject:
National Institute of Standards and T echnology ("NIST") Handbook 44.
Purpose:
To incorporate NIST Handbook 44 (2018 edition).
Text of proposed rule:
Subdivision (a) of section 220.2 of 1 NYCRR is amended to read as follows:
(a) Except as otherwise provided in this Part, the specifications, tolerances and regulations for commercial weighing and measuring
devices shall be those adopted by the [101st] 102nd  National Conference on W eights and Measures [2016] 2017  as published in the
National Institute of Standards and T echnology Handbook 44, [2017] 2018  edition. This document is available from the National
Conference on W eights and Measures, 1 135 M Street, Suite 1 10, Lincoln, NE 68508, or the Superintendent of Documents, U.S.
Government Printing Of fice, W ashington, DC 20402. It is available for public inspection and copying in the of fice of the Director of
Weights and Measures, Department of Agriculture and Markets, 10B Airline Drive, Albany , NY 12235, or in the of fice of the
Department of State, One Commerce Plaza, 99 W ashington A venue, Suite 650, Albany , New Y ork 12231.
Text of proposed rule and any required statements and analyses may be obtained from:
Mr. Mike Sikula, Director , Bureau of W eights & Measures, NYS Department of Agriculture and Markets, 10B Airline Drive, Albany , NY
12235, (518) 457-3146, email:  Mike.Sikula@agriculture.ny .gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
60 days after publication of this notice.
Consensus Rule Making Determination
The proposed rule will amend subdivision (a) of 1 NYCRR section 220.2 to incorporate by reference the 2018 edition of National
Institute of Standards and T echnology Handbook 44.
The proposed amendment to subdivision (a) of 1 NYCRR section 220.2 is non-controversial. The 2018 edition of Handbook 44 has
been adopted by or is in the process of being adopted by every state; manufacturers of weighing and measuring devices located in
New Y ork already , therefore, conform their operations to the provisions of this document in order to sell their products in interstate
commerce. Furthermore, the State’ s users of commercial weighing and measuring devices also already use devices that conform to
the provisions of this document due to its nearly-nationwide applicability .
Based upon the foregoing, the proposed rule will not have any adverse impact upon parties regulated pursuant thereto and is,
therefore, non-controversial.
 New York State Register4/23/2018 View Document - New Y ork State Register
https://govt.westlaw .com/nyreg/Document/Ib159c89231d01 1e89c3baf6953e1f1be?viewT ype=FullT ext&originationContext=documenttoc&transitionT ype=CategoryPag© 2018 Thomson ReutersJob Impact Statement
The proposed rule will not have an adverse impact on jobs or on employment opportunities.
The proposed rule will incorporate by reference in subdivision (a) of 1 NYCRR section 220.2 the 2018 edition of National Institute of
Standards and T echnology Handbook 44 (henceforth, “Handbook 44 (2018 edition)”) which contains specifications, tolerances and
regulations for commercial measuring devices. The 2017 edition of Handbook 44 is presently incorporated by reference. Handbook
44 (2018 edition) dif fers from the 2017 edition in that it contains new requirements for divisions in high-accuracy scales used in direct
sales such as jewelry scales; deletes the requirement that the size of the pipe, mounted on a vehicle tank used for the delivery of
petroleum products, must be set forth on the meter; amends requirements applicable to taximeters that use GPS technology; and
other , non-substantive additions, amendments, and deletions. Handbook 44 (2018 edition) has been adopted or is in the process of
being adopted by every state; manufacturers and users of weighing and measuring devices located in New Y ork already , therefore,
conform their operations to the provisions of this document in order to sell their products in interstate commerce.
The proposed rule requires manufacturers and users of weighing and measuring devices to do no more than they are practically
required to do presently and/or lessens certain regulatory burdens; as such, the proposed rule will not have an adverse impact upon
jobs or employment opportunities.
END OF DOCUMENT © 2018 Thomson Reuters. No claim to original U.S. Government W orks.