# Title 69 — Public Service Commission

## Article 69-10 — Testing and Safety

## Chapter 69-10-03 — Standards

Exceptions
Specifications and Tolerances for Reference Standards and Field Standard
Weights and Measures - Specifications and Tolerances for Class F Field Standard
Weights
Specifications and Tolerances for Reference Standards and Field Standard
Weights and Measures - Specifications and Tolerances for Graduated Neck-Type
Volumetric Field Standards
Specifications and Tolerances for Reference Standards and Field Standard
Weights and Measures - Specifications and Tolerances for Liquefied Petroleum
Gas and Anhydrous Ammonia Liquid Volumetric Provers
Specifications and Tolerances for Reference Standards and Field Standard
Weights and Measures - Specifications and Tolerances for Field Standard
Measuring Flasks
Specifications and Tolerances for Reference Standards and Field Standard
Weights and Measures - Specifications and Tolerances for Dynamic Small-Volume
Provers
Specifications and Tolerances for Reference Standards and Field Standard
Weights and Measures - Specifications and Tolerances for Field Standard Weight
Carts
### § 69-10-03-01. National institute of standards and technology (NIST) Handbook No.

44.
Except as modified in this article, the specifications, tolerances, tests, and other technical
requirements for commercial weighing and measuring devices in North Dakota must conform to the
following sections and subsections of the 2020 edition of the United States department of commerce,
NIST Handbook No. 44, which is adopted by reference: all of section 1, section 2 (except subsection
2.245), all of section 3 (except subsections 3.34, 3.36, 3.38, and 3.39). In the event of a conflict
between the NIST Handbook No. 44 and North Dakota laws and rules, North Dakota laws and rules
shall prevail. Copies of the handbook may be obtained from:
Public Service Commission
600 East Boulevard Avenue, Dept. 408
Bismarck, ND 58505-0480

History: Amended effective October 1, 1988; December 1, 1990; February 1, 1992; August 1, 1993;
September 1, 1994; February 1, 1996; July 1, 1997; July 1, 1998; October 1, 1999; August 1, 2000;
January 1, 2002; May 1, 2005; January 1, 2021.
General Authority: NDCC 64-02-03
Law Implemented: NDCC 64-02-07
### § 69-10-03-01.1. National institute of standards and technology (NIST) Handbook No.

44.
National type evaluation program certification is required for design, sale, installation, operation,
and certification of a commercial weighing and measuring device. A commercial weighing and
measuring device used in commerce prior to January 1, 2021, is exempt from national type evaluation
program requirements provided the device is certified in accordance with section 69-10-01-02.3.
History: Effective January 1, 2002; amended effective January 1, 2021.
General Authority: NDCC 64-02-03
Law Implemented: NDCC 64-02-02
### § 69-10-03-01.2. National institute of standards and technology (NIST) Handbook No.

105-1 -
Specifications and tolerances for reference standards and field standard weights and measures
- Specifications and tolerances for class f field standard weights.
The specifications, tolerances, and other technical requirements for reference standards and field
standards used for testing commercial weighing and measuring devices in North Dakota must conform
to the sections and subsections of the 2019 edition of the United States department of commerce, NIST
Handbook No. 105-1, which is adopted by reference. In the event of a conflict, North Dakota laws and
other administrative rules shall prevail. Copies of the handbook may be obtained from:
Public Service Commission
600 East Boulevard Avenue, Dept. 408
Bismarck, ND 58505-0480
History: Effective March 1, 2003 amended effective January 1, 2021.
General Authority: NDCC 64-02-03
Law Implemented: NDCC 64-02-03
### § 69-10-03-01.3. National institute of standards and technology (NIST) Handbook No.

105-3 -
Specifications and tolerances for reference standards and field standard weights and measures
- Specifications and tolerances for graduated neck-type volumetric field standards.
The specifications, tolerances, and other technical requirements for reference standards and field
standards used for testing commercial measuring devices in North Dakota must conform to the
sections and subsections of the 2010 edition of the United States department of commerce, NIST
Handbook No. 105-3, which is adopted by reference. In the event of a conflict, North Dakota laws and
other administrative rules shall prevail. Copies of the handbook may be obtained from:
Public Service Commission
600 East Boulevard Avenue, Dept. 408
Bismarck, ND 58505-0480
History: Effective March 1, 2003; amended effective January 1, 2021.
General Authority: NDCC 64-02-03
Law Implemented: NDCC 64-02-03

### § 69-10-03-01.4. National institute of standards and technology (NIST) Handbook No.

105-4 -
Specifications and tolerances for reference standards and field standard weights and measures
- Specifications and tolerances for liquefied petroleum gas and anhydrous ammonia liquid
volumetric provers.
The specifications, tolerances, and other technical requirements for reference standards and field
standards used for testing commercial liquefied petroleum gas and anhydrous ammonia liquid
measuring devices in North Dakota must conform to the sections and subsections of the 2016 edition of
the United States department of commerce, NIST Handbook No. 105-4, which is adopted by reference.
In the event of a conflict, North Dakota laws and other administrative rules shall prevail. Copies of the
handbook may be obtained from:
Public Service Commission
600 East Boulevard Avenue, Dept. 408
Bismarck, ND 58505-0480
History: Effective March 1, 2003; amended effective January 1, 2021.
General Authority: NDCC 64-02-03
Law Implemented: NDCC 64-02-03
### § 69-10-03-01.5. National institute of standards and technology (NIST) Handbook No.

105-2 -
Specifications and tolerances for reference standards and field standard weights and measures
- Specifications and tolerances for field standard measuring flasks.
The specifications, tolerances, and other technical requirements for reference standards and field
standards used for testing commercial manufacturers and distributors of liquid products, research and
testing laboratories, and others concerned with accurate measurements of the volume of liquids in
North Dakota must conform to the sections and subsections of the 1996 edition of the United States
department of commerce, NIST Handbook No. 105-2, which is adopted by reference. In the event of a
conflict, North Dakota laws and other administrative rules shall prevail. Copies of the handbook may be
obtained from:
Public Service Commission
600 East Boulevard Avenue, Dept. 408
Bismarck, ND 58505-0480
History: Effective January 1, 2021.
General Authority: NDCC 64-02-03
Law Implemented: NDCC 64-02-03
### § 69-10-03-01.6. National institute of standards and technology (NIST) Handbook No.

105-7 -
Specifications and tolerances for reference standards and field standard weights and measures
- Specifications and tolerances for dynamic small-volume provers.
The specifications, tolerances, and other technical requirements for reference standards and field
standards used for testing or verification of commercial liquid measurement devices in an operational
line for compliance with the requirements of commercial device requirements without interrupting
normal process flow in North Dakota must conform to the sections and subsections of the 1997 edition
of the United States department of commerce, NIST Handbook No. 105-7, which is adopted by
reference. In the event of a conflict, North Dakota laws and other administrative rules shall prevail.
Copies of the handbook may be obtained from:
Public Service Commission
600 East Boulevard Avenue, Dept. 408
Bismarck, ND 58505-0480
History: Effective January 1, 2021.

General Authority: NDCC 64-02-03
Law Implemented: NDCC 64-02-03
### § 69-10-03-01.7. National institute of standards and technology (NIST) Handbook No.

105-8 -
Specifications and tolerances for reference standards and field standard weights and measures
- Specifications and tolerances for field standard weight carts.
The specifications, tolerances, and other technical requirements for reference standards and field
standard weight carts used for testing commercial weighing devices in North Dakota must conform to
the sections and subsections of the 2019 edition of the United States department of commerce, NIST
Handbook No. 105-8, which is adopted by reference. In the event of a conflict, North Dakota laws and
other administrative rules shall prevail. Copies of the handbook may be obtained from:
Public Service Commission
600 East Boulevard Avenue, Dept. 408
Bismarck, ND 58505-0480
History: Effective January 1, 2021.
General Authority: NDCC 64-02-03
Law Implemented: NDCC 64-02-03
### § 69-10-03-02. Adequate standards.

A standard used to certify any commercial weighing and measuring device must be annually
certified as traceable by an NIST-recognized metrology laboratory. The commission may extend the
recertification interval an additional ninety days provided that the request is made thirty days before the
certification expires.
A current legible copy of the certificate of traceability must be maintained with the commission.
Annual recertification is subject to the following exceptions and conditions:
1. Standards integral to and used for recertification of a commercial automatic bulk-weighing
system must be certified traceable by an NIST-recognized laboratory at least once every five
years.
2. Volumetric graduated neck and dynamic small volume provers used to certify commercial
loading-rack, processing plant, or refinery meters used for petroleum-based products must be
certified traceable by an NIST-recognized laboratory at least once every three years.
3. Unless otherwise approved by the commission, the operator of a coal belt conveyor scale
jurisdictional to the commission must conduct a material load test at least once every two
years provided that electronic or other simulated load testing is done at least once every three
months.
4. A master meter may not be used as a standard to certify commercial liquid petroleum gas
devices.
5. Notwithstanding the other provisions of this section, the commission may require
recertification of any standard if upon inspection the physical condition of a standard indicates
a need for recertification.
History: Amended effective April 1, 1992; September 1, 1994; February 1, 1996; July 1, 1997; July 1,
2008; October 1, 2010; January 1, 2021.
General Authority: NDCC 64-02-03
Law Implemented: NDCC 64-02-02, 64-02-13

### § 69-10-03-03. Master test weights and prover tanks.

Repealed effective April 1, 1992.
### § 69-10-03-04. Enforcement.

Repealed effective May 1, 2005.
### § 69-10-03-05. Weight carts.

Repealed effective October 1, 2010.
### § 69-10-03-06. Metrology service.

Repealed effective October 1, 2010.
### § 69-10-03-07. Delivery of standards for certification.

Repealed effective October 1, 2010.
### § 69-10-03-08. Rejection of standards.

Standards rejected by a NIST-recognized laboratory must be removed from service as follows:
1. A standard that has been rejected must be conspicuously marked by sealing, tagging, or
painting as appropriate to that standard.
2. A rejected standard may not be used to test and certify a commercial weighing and measuring
device. The use of a rejected standard may result in commission enforcement action.
3. A standard not meeting appropriate design criteria may be allowed to remain in service for a
limited time, provided a variance permit is obtained from the commission prior to certification
or recertification.
History: Effective May 1, 2005; amended effective July 1, 2008; October 1, 2010.
General Authority: NDCC 64-02-03
Law Implemented: NDCC 64-02-02
