(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 [97th] 98th National Conference on Weights and Measures [2012] 2013 as published in the National Institute of Standards and Technology Handbook 44, [2013] 2014 edition. This document is available from the National Conference on Weights and Measures, 1135 M Street, Suite 110, Lincoln, NE 68508, or the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. It is available for public inspection and copying in the office of the Director of Weights and Measures, Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, or in the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, New York 12231.

The proposed rule will amend 1 NYCRR section 220.2 to incorporate by reference the 2014 edition of National Institute of Standards and Technology Handbook 44 in place of the 2013 edition which is presently incorporated by reference.

The proposed rule is non-controversial. The 2014 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 York 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. The proposed rule will not, therefore, have any adverse impact upon regulated businesses and is, therefore, non-controversial.

The proposed rule will not have an adverse impact on jobs or on employment opportunities.

The proposed rule will incorporate by reference in 1 NYCRR section 220.2 the 2014 edition of National Institute of Standards and Technology Handbook 44 (henceforth, “Handbook 44 (2014 edition)”) which contains specifications, tolerances and regulations for commercial measuring devices. The 2013 edition of Handbook 44 is presently incorporated by reference. Handbook 44 (2014 edition) differs from the 2013 edition in that it amends the marked capacity limits for railway track scales that are used to weigh rail cars when they are on the tracks; clarifies the required orientation (horizontal or inclined) of belt conveyor scales used to weight coal, stone, etc. so that such commodities do not fall off the belt when being weighed; and establishes new tolerances for testing the air eliminator on meters used in fuel oil delivery trucks to ensure that customers do not pay for air passing through the meter; and other, non-substantive additions, amendments, and deletions. Handbook 44 (2014 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 York already, therefore, conform their operations to the provisions of this document in order to sell their products in interstate commerce.

The proposed rule will not, therefore, have any adverse impact upon jobs or employment opportunities.