[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77170-77174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26480]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology


National Conference on Weights and Measures Annual and Interim 
Meeting

AGENCY: National Institute of Standards and Technology, Commerce.

ACTION: Notice.

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SUMMARY: The combined 105th Annual and 2021 Interim Meeting of the 
National Conference on Weights and Measures (NCWM) will be held using a 
virtual meeting platform and in-person at the Sirata Beach Hotel & 
Conference Center, St. Pete Beach, Florida, from Sunday, January 10, 
2021, through Friday, January 15, 2021. This notice contains 
information about significant items on the NCWM Committee agendas but 
does not include all agenda items. As a result, the items are not 
consecutively numbered.

DATES: The 105th Annual Meeting will be held from Sunday, January 10, 
2021, through Tuesday, January 12, 2021. The 2021 Interim Meeting will 
follow on Wednesday, January 13, 2021 through Friday, January 15, 2021. 
The meeting schedule will be available on the NCWM website at 
www.ncwm.com.

ADDRESSES: This meeting will be held using a virtual meeting platform 
and in-person at the Sirata Beach Hotel & Conference Center, St. Pete 
Beach, Florida.

FOR FURTHER INFORMATION CONTACT: Dr. Douglas Olson, NIST, Office of 
Weights and Measures, 100 Bureau Drive, Stop 2600, Gaithersburg, MD 
20899-2600. You may also contact Dr. Olson at (301) 975-2956 or by 
email at <a href="/cdn-cgi/l/email-protection#7f1b100a18131e0c5110130c10113f11160c0b51181009"><span class="__cf_email__" data-cfemail="99fdf6ecfef5f8eab7f6f5eaf6f7d9f7f0eaedb7fef6ef">[email protected]</span></a>. The meeting is open to the public, but 
a paid registration is required. Please see the NCWM website 
(www.ncwm.net) to view the meeting agendas, registration forms, and 
hotel reservation information.

SUPPLEMENTARY INFORMATION: Publication of this notice on the NCWM's 
behalf is undertaken as a public service and does not itself constitute 
an endorsement by the National Institute of Standards and Technology 
(NIST) of the content of the notice. NIST participates in the NCWM as 
an NCWM member and pursuant to 15 U.S.C. 272(b)(10) and (c)(4) and in 
accordance with Federal policy (e.g., OMB Circular A-119 ``Federal 
Participation in the Development and Use of Voluntary Consensus 
Standards'').
    The NCWM is an organization of weights and measures officials of 
the

[[Page 77171]]

states, counties, and cities of the United States, and representatives 
from the private sector and federal regulatory agencies. These meetings 
can bring these government officials together with representatives of 
business, industry, trade associations, and consumer organizations to 
discuss proposed laws and regulations and other subjects related to the 
field of weights and measures technology, administration, and 
enforcement. NIST hosted the first meeting of the NCWM in 1905. Since 
then, the conference has provided a model of cooperation between 
Federal, State and local governments and the private sector. NIST 
participates to encourage cooperation between federal agencies and the 
states in the development of legal metrology requirements. NIST also 
promotes uniformity in state laws, regulations, and testing procedures 
used in the regulatory control of commercial weighing and measuring 
devices, packaged goods, and for other trade and commerce issues.
    The NCWM has established multiple committees, task groups, and 
other working bodies to address legal metrology issues of interest to 
regulatory officials, industry, consumers, and others. The following 
are brief descriptions of some of the significant agenda items that 
will be considered by some of the NCWM Committees at the NCWM Annual 
and Interim Meetings. Comments will be taken on these and other issues 
during several public comment sessions. At this stage, the items are 
proposals.
    This meeting also includes work sessions in which the Committees 
may also accept comments, and where recommendations will be developed 
for consideration and possible adoption at the NCWM 2020 (105th Annual 
Meeting) and NCWM 2021 Annual Meeting. The Committees may withdraw or 
carryover items that need additional development.
    These notices are intended to make interested parties aware of 
these development projects and to make them aware that reports on the 
status of the project will be given at the Interim Meeting. The notices 
are also presented to invite the participation of manufacturers, 
experts, consumers, users, and others who may be interested in these 
efforts.
    The Specifications and Tolerances Committee (S&T Committee) will 
consider proposed amendments to NIST Handbook 44, ``Specifications, 
Tolerances, and other Technical Requirements for Weighing and Measuring 
Devices'' (NIST HB 44). Those items address weighing and measuring 
devices used in commercial applications, that is, devices that are used 
to buy from or sell to the public or used for determining the quantity 
of products or services sold among businesses. Issues on the agenda of 
the NCWM Laws and Regulations Committee (L&R Committee) relate to 
proposals to amend NIST Handbook 130, ``Uniform Laws and Regulations in 
the Areas of Legal Metrology and Fuel Quality'' (NIST HB 130) and NIST 
Handbook 133, ``Checking the Net Contents of Packaged Goods'' (NIST HB 
133).

NCWM S&T Committee (S&T 105th Annual and Interim Meeting)

    The following items are proposals to amend NIST HB 44:

GEN--General Code

Item GEN-21.1 Use-for-Fee Vehicle and Axle-Load Scales
    The S&T Committee will consider a new proposal submitted as a 
recommended Developing Item. This proposal seeks to develop changes to 
NIST HB 44's General Code and/or Scales Code that will clarify if 
charging a fee for conducting a weighing operation on a scale 
constitutes commercial use of the device regardless of whether or not 
the weight obtained from that weighing operation is used in a 
commercial transaction. If this is determined to constitute commercial 
use, then it is hoped the following questions can be answered through 
the development process of this proposal:
    1. Is it permissible to use a vehicle scale to determine the axle 
load(s), axle-group load(s), and total weight of a vehicle when the 
length of that vehicle exceeds the length of the scale's load-receiving 
element and must therefore be weighed in multiple drafts?
    2. Is it permissible to use an axle-load scale to determine total 
vehicle weight (often referred to as ``gross vehicle weight'') by 
weighing the different axles and axle groups individually and then 
summing them, when the only use of the total vehicle weight is for non-
commercial purposes, e.g., to verify compliance with state and federal 
highway legal load limits?
    3. What is an appropriate format for the recording of values 
corresponding to a vehicle's axle and axle-group loads and total 
vehicle weight?
    An important consideration in answering question 1 is the different 
approach requirements specified in NIST HB 44 for vehicle scales versus 
axle-load scales and the reasons for those requirements.
    The submitter is soliciting input from stakeholders that will help 
resolve any questions or confusion associated with this item.

SCL--Scales Code

Item SCL-20.10 S.1.2.2.2. Class I and II Scales Used in Direct Sale and 
S.1.2.2.3. Deactivation of a ``d'' Resolution
    The S&T Committee will consider a proposal to eliminate two current 
specification requirements in the Scales Code of NIST HB 44. This 
proposal recommends the deletion of paragraph S.1.2.2.2. ``Class I and 
II Scales Used in Direct Sales'' which requires the verifications scale 
division (e) and scale division (d) to be equal on Class I and II 
scales used in a direct sale application for scales installed as of 
January 1, 2020. This requirement would become enforceable to all Class 
I and II scales used in a direct sale application on January 1, 2023. A 
direct sale application is one in which both parties in the transaction 
are present when the quantity is being determined. The second 
requirement proposed for deletion is paragraph S.1.2.2.3. 
``Deactivation of a ``d'' Resolution'' which prohibits the simple 
deactivation of the ``d'' resolution when the values of ``e'' and ``d'' 
are different on a Class I or II scale if such action affects the 
scale's ability to round digital values to the nearest minimum unit 
that can be indicated or recorded. When these two scale increments 
(identified as ``e'' and ``d'') are different, two different levels of 
the scale's resolution are established. The variation in scale 
divisions within a scale's capacity range will produce either a lesser, 
or a greater resolution in the representation of values for loads 
applied to the scale. According to NIST HB 44, when these division 
values aren't equal on Class II scales, the value of ``e'' is required 
to be larger than the value of ``d.''
Item SCL-17.1 S.1.8.5. Recorded Representations, Point of Sale Systems, 
Appendix D--Definitions: Tare
    The S&T Committee will consider a proposal requiring additional 
sales information to be recorded by cash registers interfaced with a 
weighing element for items that are weighed at a checkout stand. These 
systems are currently required to record the net weight, unit price, 
total price, and the product class, or in a system equipped with price 
look-up capability, the product name or code number. The change 
proposed would add ``tare weight'' to the sales information currently 
required. Additional changes to this proposal made recently by the NCWM 
S&T Committee established a

[[Page 77172]]

new enforcement date of January 1, 2024 for the proposed requirement. 
The Committee also added a footnote that had been omitted in a previous 
version. If the proposal is adopted, the additional information (i.e., 
the tare weight) would be required to appear on the sales receipt for 
items weighed at a checkout stand (Point of Sale Systems) on equipment 
installed in commercial service as of January 1, 2024. This proposed 
change would not affect equipment already in service.
SCL-20.13 N.1.5. Discrimination Test
    The S&T Committee will consider a proposal that provides an 
exemption to conducting a discrimination test on digital electronic 
scales of Accuracy Class I and II in which the verification scale 
division (e) equals the displayed scale division (d) and is less than 5 
mg. The proposal calls into question the practicality of conducting a 
discrimination test on such scales citing the need for excessively 
small denominations of test weights (i.e., decimal milligrams) and 
questioning whether the test can be successfully conducted in an 
environment where conditions are not strictly controlled.
Item SCL-16.1
Sections Throughout the Code To Include Provisions for Commercial 
Weigh-In-Motion (WIM) Vehicle Scale Systems
    The S&T Committee will consider a proposal to amend various 
sections of the Scales Code of NIST HB 44 to address WIM vehicle scale 
systems used for commercial applications. This ``carry-over'' item has 
appeared on the S&T Committee's agenda since 2016. An NCWM Task Group 
(TG) was formed in 2016 at the request of the S&T Committee to consider 
a proposal that would have expanded the NIST HB 44, Weigh-In-Motion 
Systems Used for Vehicle Enforcement Screening--Tentative Code to also 
apply to legal-for-trade (commercial) and law enforcement applications. 
Members of the TG later agreed that commercial application of WIM 
vehicle scale systems should be addressed by the Scales Code of NIST HB 
44, rather than the Weigh-In-Motion Systems Used for Vehicle 
Enforcement Screening--Tentative Code. Members of the TG agreed in 2016 
to eliminate from the proposal any mention of a law enforcement 
application and focus solely on WIM vehicle scale systems intended for 
use in commercial applications. The TG is made up of representatives of 
WIM equipment manufacturers, NIST Office of Weights and Measures, NCWM, 
state weights and measures agencies, and others. The most recent 
activity by the TG has focused on obtaining evidence supporting the 
claims of WIM scale manufacturers regarding the performance 
capabilities of these devices. The TG has requested this evidence to 
indicate whether devices being manufactured at this time can comply 
with commercial device tolerances applied to comparable static-weighing 
devices. The submitter of this proposal (a WIM manufacturer) has 
initiated a process where preliminary testing can be done to provide 
the TG with data to substantiate the claims regarding device 
performance.
    An additional focus of the TG, since its formation in 2016, has 
been to concentrate on the development of appropriate official test 
procedures used to verify the accuracy of a WIM vehicle scale system. 
Important factors in this discussion have been that a variety of axle 
and tandem axle configurations on vehicles will typically be weighed by 
a WIM system and that a proposed tolerance of 0.2 percent on gross 
(total) vehicle weight would be applied as maintenance tolerance. The 
TG provided an update on its development of this item at the 2019 NCWM 
Interim Meeting. Mr. Tim Chesser (Arkansas), (and co-chair of the WIM 
TG), recommended the S&T Committee assign the item, returning it to the 
TG. The Committee agreed to recommend the item be assigned to the TG.
Item SCL-20.12
Multiple Sections To Add Vehicle Weigh-in-Motion to the Code and 
Appendix D--Definitions; Vehicle Scale and Weigh-in-Motion Vehicle 
Scale
    The S&T Committee will consider a proposal that would amend 
multiple sections in NIST HB 44 Scales Code so that they could be 
applied to WIM vehicle scales. This proposal is similar to Item SCL-
16.1. that also appears on the agenda, however, this proposal would 
only permit commercial weights from WIM equipment when the vehicles are 
weighed in a single draft and would not permit the summing of axle 
loads or axle-group loads to determine a gross (total) vehicle weight. 
The submitter of this proposal provided an opportunity for several 
state regulatory officials, as well as technical staff from NCWM and 
NIST Office of Weights and Measures to witness testing performed on a 
single-draft weigh-in-motion (WIM) vehicle scale. That demonstration 
provided evidence that this type of system may be capable of complying 
with current NIST HB 44 Class III L tolerances.
SCL-19.2 UR.5. Coupled-in-Motion Railroad Weighing Systems
    Definitions: Point-based railroad weighing systems.
    This proposal to amend the Scales Code of NIST HB 44 to permit use 
of ``point-based'' in-motion railroad weighing systems in commercial 
applications replaces one from the same submitter that appeared on the 
Committee's agenda in 2018. This proposal is intended to serve the same 
purpose as the earlier proposal, however, many of the changes in the 
previous version have been deleted. The proposal under current 
consideration by the S&T Committee includes only the following two 
recommended changes to NIST HB 44:
    <bullet> Add a new subpart (b) to existing Scales Code paragraph 
UR.5. Coupled-in-Motion Railroad Weighing Systems that requires the 
user of dynamic weighing systems for railway cars to provide a static-
weighing scale deemed suitable by the statutory authority for use as a 
reference scale when testing the coupled-in-motion railroad scale.
    <bullet> Add a new definition for ``point-based railroad weighing 
systems'' in Appendix D--Definitions.
MDM-20.1 S.1.3. Negative Values, S.1.6. Customer Indications and 
Recorded Representations, S.1.7. Minimum Measurement, S.1.8. 
Indications Below Minimum and Above Maximum, S.2. Design of Zero Tare 
and Appendix D--Definitions: Dimensional Offset
    The S&T Committee will consider a proposal to replace the term 
``tare'' with a more accurate descriptive term ``dimensional offset'' 
throughout the NIST HB 44 Multiple Dimension Measuring Devices Code. A 
new definition for the term ``dimensional offset'' is also proposed for 
addition to NIST HB 44 Appendix D--Definitions. The submitter of this 
proposal (The NTEP Multiple Dimension Measuring Device Work Group) 
prefers the use of ``dimensional offset'' since the term ``tare'' 
implies that a specific (measured/weighed) value is subtracted from a 
total measured value to arrive at a net value. Exclusion of the 
conveyance material (e.g., pallet, skid, etc.) containing an object to 
be measured by a multiple dimension measuring device is not a 
subtractive function of the device and the term ``dimensional offset'' 
is a more accurate descriptive term to use.

[[Page 77173]]

LMD--Liquid Measuring Devices

Block 4 Items Electronically Captured Tickets or Receipts
    The S&T Committee will consider a proposal to amend NIST HB 44 
General Code (Section 1.10.) paragraph G-S.5.6. Recorded 
Representations and numerous additional paragraphs throughout the 
Liquid-Measuring Devices Code (Section 3.30.), Vehicle-Tank Meters Code 
(Section 3.31.), LPG and Anhydrous Ammonia Liquid-Measuring Devices 
Code (Section 3.32.), Cryogenic Liquid-Measuring Devices Code (Section 
3.34.), Mass Flow Meters Code (Section 3.37.), Carbon Dioxide Liquid-
Measuring Devices Code (Section 3.38.), and the Hydrogen Gas-Measuring 
Devices Code (Section 3.39.) to allow recorded values to be captured 
electronically as an option to receive either a printed ticket or 
printed receipt. Changes to the definitions of ``recorded 
representation'' and ``recording element'' in Appendix D of NIST HB 44 
are also proposed.
Block 5 Items Category 3 Method of Sealing
    The S&T Committee will consider proposals to permit the use of an 
electronic log in lieu of a printed copy of a Category 3 sealing method 
on liquid measuring devices. The current ``Category 3'' sealing 
requirements in NIST HB 44 Liquid-Measuring Devices Code (Section 
3.30.) specify that a printed copy of an event logger must be available 
on demand through the device or through another on-site device and that 
the information may also be available electronically. The new proposal 
would amend the language in Table S.2.2. ``Categories of Device and 
Methods of Sealing'' of the Liquid-Measuring Devices Code (Section 
3.30.) to permit either a printed or electronic form of the event 
logger to be made available.

VTM--Vehicle Tank Meters

VTM-18.1 S.3.1.1. Means for Clearing the Discharge Hose and UR.2.6. 
Clearing the Discharge Hose
    The S&T Committee will again consider this carry-over item that 
proposes to provide specifications and user requirements for manifold 
flush systems designed to eliminate product contamination on VTMs used 
for multiple products. This proposal would add specifications on the 
design of VTMs under S.3.1.1. ``Means for Clearing the Discharge 
Hose.'' and add a new user requirement UR.2.6. ``Clearing the Discharge 
Hose.'' During open hearings of previous NCWM meetings, comments were 
heard about the design of any system to clear the discharge hose of a 
product prior to the delivery of a subsequent product which could 
provide opportunities to fraudulently use this type of system.

EVF--Electric Vehicle Fueling Systems

EVF-20.1 S.1.3.2. EVSE Value of the Smallest Unit
    The S&T Committee will consider a proposal that would specify the 
maximum value of the indicated and/or recorded electrical energy unit 
used in an EVSE (Electric Vehicle Supply Equipment). This proposal 
would reduce (by a factor of 10) the current specified values of these 
units. The current maximum values of 0.005 MJ and 0.001 kWh would be 
changed to 0.0005 MJ and 0.0001 kWh respectively. The submitters 
contend that testing of these systems would be expedited through these 
changes and reduce the amount of time necessary to complete official 
tests.

GMA--Grain Moisture Meters 5.56.(A)

GMA-19.1 Table T.2.1. Acceptance and Maintenance Tolerances Air Oven 
Method for All Grains and Oil Seeds
    The S&T Committee will consider a proposal that would reduce the 
tolerances for the air oven reference method. The proposed new 
tolerances would apply to all types of grains and oil seeds. This item 
is a carry-over proposal from 2019 and would replace the contents of 
Table T.2.1. with new criteria. Additional inspection data will be 
collected and reviewed to assess whether or not the proposed change to 
the tolerances are appropriate.
GMA-20.1 S.2.5. Provision for Sealing
    The S&T Committee will consider a proposal to correct an error 
caused by a 2019 amendment to the sealing requirements for grain 
moisture meters in Section 5.56.(a) of the Grain Moisture Meters Code. 
The proposal retains the sealing table in the 2018 version of the Code 
and adds a new paragraph S.2.5.1., which addresses the sealing 
requirements for grain moisture meters manufactured as of January 1, 
2020.

TMS/TNMS--Taxi Meters and Transportation Network Measurement Systems

BLOCK 3 Items
    The S&T Committee will consider changes included in this block 
affecting the NIST HB 44 Taximeters Code (Section 5.54.) and the 
Transportation Network Measurement Systems (TNMS) Code (Section 5.60.) 
that would amend the value of tolerances allowed for distance tests. 
The changes proposed in this item would change the Taximeters Code 
requirement T.1.1. ``On Distance Tests'' by increasing that tolerance 
to 2.5% when the test exceeds one mile. The change to the TNMS Code 
affects requirement T.1.1. ``Distance Tests'' by reducing the tolerance 
allowed on overregistration under T.1.1.(a) from the current 2.5% to 1% 
when the test does not exceed one mile and would increase the tolerance 
for underregistration in T.1.1.(b) from 2.5% to 4%. These changes if 
adopted would align the tolerances values for distance tests allowed 
for taximeters and TNMS.

NCWM L&R Committee

    Issues on the 105th Annual agenda of the NCWM Laws and Regulations 
Committee (L&R Committee) relate to proposals to amend NIST HB 130.
    The following items are proposals to consider amending NIST HB 130:
    Item MOS-20.3--NIST HB 130, Uniform Method of Sale, Diesel Fuel. 
The L&R Committee will consider a proposal to add similar language for 
diesel fuel that is currently within the Uniform Fuels and Automotive 
Lubricants Regulations. There are some states that may only adopt one 
of the regulations that are within NIST HB 130.
    Item Block B2: MOS-20.1--NIST HB 130, Uniform Method of Sale, 
Section 2.39. Tractor Hydraulic Fluid and FLR-20.1. Uniform Fuels and 
Automotive Lubricants Regulation, Sections 1.31. Hydraulic Fluid, 2.22. 
Products for Use in Lubricating Tractors and 3.17. Tractor Hydraulic 
Fluid. The Committee will consider amending recently adopted language 
on tractor hydraulic fluids. This proposal will add language to improve 
labeling required for the cautionary statement and distinguish 
hydraulic fluids.
    Item Block B3: FLL-18.1--NIST HB 130, Uniform Fuels and Automotive 
Lubricants Inspection Law, Section 8. Prohibited Acts, MOS 18.1. 
Uniform Method of Sale of Commodities Regulation, Section 2.33 Oil, and 
FLR-18.1. Uniform Fuels and Lubricants Automotive Lubricants 
Regulation, Section 2.14. Engine (Motor) Oil, 3.13. Oil and 7.2. 
Reproducibility. This proposal is to amend various regulations within 
NIST HB 130 to provide modifications to existing regulations to protect 
consumers from purchasing obsolete motor oils that can harm modern 
engines.
    Item FLR-20.5--NIST HB 130, Uniform Fuels and Automotive 
Lubricants, Section 2.1.2.(a). Gasoline-Ethanol Blends. This proposal 
would modify the existing handbook regulation

[[Page 77174]]

to add the language, ``containing at least 9 and not more than 15 
volume percent ethanol.'' This language aligns with EPA 40 CFR 
80.27(d).
    Issues on the 2021 Interim agenda of the NCWM Laws and Regulations 
Committee (L&R Committee) relate to proposals to amend NIST HB 130 and 
NIST HB 133.
    The following items are proposals for modifying NIST HB 130 and 
NIST HB 133:
    Item Block (B1).-.HB 130, PAL-19.1. UPLR, Sec. 2.8. Multiunit 
Package. NET-19.2. NIST HB 133, Modify ``scope'' for Chapters 2 thru 4, 
add a note following Sections 2.3.7.1. and 2.7.3., NET-19.3., and 
create a Chapter 5. Specialized Test Procedures in NIST HB 133. The L&R 
Committee will also be addressing a proposal to include adoption of a 
test procedure for the total quantity declaration on multiunit or 
variety packages. In addition, in NIST HB 130, Uniform Packaging and 
Labeling Regulation, the proposal would clarify Section 2.8. Multiunit.
    The following items are proposals for modifying NIST HB 130 Uniform 
Method of Sale (MOS) and the Uniform Fuels and Automotive Lubricants 
Regulation (FLR):
    Item Block (B4)--The Fuels and Lubricants Subcommittee will 
consider modifications to the MOS Regulation, Section 2.20.2. 
Documentation for Dispenser Labeling Purposes and the FLR Regulation 
for Section 1.23. Ethanol Flex Fuel, 2.1.2.(b) Gasoline-Ethanol Blends 
and Section 3.2.4. Documentation for Dispenser Labeling Purposes. This 
proposal will align the regulations with the U.S. EPA's rule that 
grants a 1-psi vapor pressure waiver to E-15 for summertime.
    Item Block (B6)--The L&R Committee will consider a language 
modification to NIST HB 130, MOS Regulation, Section 2.36.2. and FLR 
Regulation Section 3.14.1. Labeling and Identification of Transmission 
Fluid. This proposal would add language that provides a cautionary 
statement on the labels of packaged obsolete transmission fluids.
    FLR-21.1. Section 4.4. Product Storage and Dispenser 
Identification--The L&R Committee will consider a proposal to add 
language for identification of dispenser supply piping or meters to be 
marked and labeled in accordance with API Recommended Practice 1637 
Using the API Color-Symbol System to Identify Equipment, Vehicles, and 
Transfer Points for Petroleum Fuels and Related Products at Dispensing 
and Storage Facilities and Distribution Terminals.

Kevin Kimball,
Chief of Staff.
[FR Doc. 2020-26480 Filed 11-30-20; 8:45 am]
BILLING CODE 3510-13-P


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