98-2244. Fisheries of the Exclusive Economic Zone Off Alaska; At-Sea Scales  

  • [Federal Register Volume 63, Number 23 (Wednesday, February 4, 1998)]
    [Rules and Regulations]
    [Pages 5836-5854]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-2244]
    
    
    
    [[Page 5835]]
    
    _______________________________________________________________________
    
    Part II
    
    
    
    
    
    Department of Commerce
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    National Oceanic and Atmospheric Administration
    
    
    
    _______________________________________________________________________
    
    
    
    50 CFR Part 679
    
    
    
    Fisheries of the Exclusive Economic Zone Off Alaska; At-Sea Scales; 
    Final Rule
    
    Federal Register / Vol. 63, No. 23 / Wednesday, February 4, 1998 / 
    Rules and Regulations
    
    [[Page 5836]]
    
    
    
    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    
    50 CFR Part 679
    
    [Docket No. 960206024-8008-03; I.D. 043097A]
    RIN 0648-AG32
    
    
    Fisheries of the Exclusive Economic Zone Off Alaska; At-Sea 
    Scales
    
    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
    Atmospheric Administration (NOAA), Commerce.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: NMFS amends the regulations implementing the Fishery 
    Management Plan for Groundfish of the Gulf of Alaska and the Fishery 
    Management Plan for the Groundfish Fishery of the Bering Sea and 
    Aleutian Islands Area (FMPs) to establish performance, technical, 
    operational, maintenance, and testing requirement for motion-
    compensated scales that may be required by NMFS to weigh catch at sea. 
    This rule does not require vessels to weigh catch at sea. Any such 
    requirements would be imposed by other rulemaking. This action is 
    intended to promote the objectives of the FMPs.
    
    DATES: Effective March 6, 1998, except Sec. 679.28(b)(2)(iii)(B) which 
    is not effective until the Office of Management and Budget approves the 
    information collection requirement contained in that section. NMFS will 
    publish a document in the Federal Register announcing the effective 
    date for that section. NMFS will announce in the Federal Register the 
    dates when NMFS will accept type evaluation documentation under 50 CFR 
    679.28(b)(1) and when scale inspections under 50 CFR 679.28(b)(2) will 
    be conducted.
    
    ADDRESSES: Send comments regarding burden estimates or any other aspect 
    of the data requirements, including suggestions for reducing the 
    burdens, to NMFS and to the Office of Information and Regulatory 
    Affairs, Office of Management and Budget (OMB), Washington, DC 20503, 
    Attn: NOAA Desk Officer and to Sue Salveson, Assistant Regional 
    Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
    P.O. Box 21668, Juneau, AK 99802, Attn: Lori J. Gravel, or delivered to 
    the Federal Building, 709 West 9th Street, Juneau, AK.
    
    FOR FURTHER INFORMATION CONTACT: Sally Bibb, 907-586-7228.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Fishing for groundfish by U.S. vessels in the exclusive economic 
    zone of the Gulf of Alaska (GOA) and the Bering Sea and Aleutian 
    Islands Management Area (BSAI) is managed by NMFS according to the 
    FMPs. The FMPs were prepared by the North Pacific Fishery Management 
    Council (Council) under authority of the Magnuson-Stevens Fishery 
    Conservation and Management Act (Magnuson-Stevens Act). Fishing by U.S. 
    vessels is governed by regulations implementing the FMPs at subpart H 
    of 50 CFR part 600 and at 50 CFR part 679.
        On June 16, 1997, NMFS published a proposed rule (PR) proposing to 
    establish the performance, technical, operational, maintenance, and 
    testing requirements for motion-compensated scales that may be required 
    by NMFS to weigh catch at sea (62 FR 32564). Public comment was invited 
    through July 16, 1997. Ten letters of comment were received.
        The Response to Comments section below addresses only comments 
    about the performance, technical, operational, maintenance, and testing 
    requirements for scales used to weigh catch at sea. Some of the 
    comments received on this PR were in response to a different PR that 
    would require trawl catcher/processors and motherships participating in 
    the Western Alaska Community Development Quota Program (CDQ) to weigh 
    catch at sea using such scales (62 FR 43866, August 15, 1997). The end 
    of the public comment period on that proposed rule was September 29, 
    1997. NMFS will respond to the following issues in the Response to 
    Comments section in the preamble to the final rule resulting from that 
    proposed rule: (1) Which vessels will be required to weigh catch on a 
    scale, (2) whether scales should be required in particular fisheries or 
    for particular vessel types, (3) whether additional scale testing is 
    needed before NMFS requires vessels to use scales, (4) whether other 
    types of catch-weight estimates could be used if a scale breaks down, 
    (5) questions about the use of species composition sampling to estimate 
    the weight of each species in the catch, and (6) the validity of NMFS 
    cost estimates for scales on certain types of vessels.
        This final rule adds a new Sec. 679.28 to 50 CFR part 679, titled 
    ``Equipment and operational requirements for catch weight measurement'' 
    and adds a new appendix A to part 679. Besides setting forth the 
    equipment, operational, maintenance, and testing requirements for such 
    scales, Sec. 679.28 sets forth the information that scale manufacturers 
    must submit to NMFS in order for a scale to be eligible for approval by 
    NMFS to be used to weigh catch at sea. In addition, Sec. 679.28 sets 
    forth the responsibilities of vessel owners and operators with respect 
    to initial after-installation scale inspections and annual 
    reinspections, and it also sets forth at-sea testing requirements and 
    recordkeeping and reporting requirements. The new appendix A to part 
    679 sets forth the performance and technical requirements for type 
    evaluation and initial and annual reinspections for belt-conveyor 
    (flow) scales, automatic hopper scales, platform scales, and hanging 
    scales.
        Section 679.28 and appendix A to this part do not impose any 
    requirement on vessels or processors to weigh catch at sea. Any such 
    requirement would be imposed by other rulemakings. For example, NMFS 
    has proposed in a separate rulemaking that trawl catcher/processors and 
    motherships be required to weigh all CDQ catch and that all processor 
    vessels, including those using trawl, longline, and pot gear, provide 
    an observer sampling station which includes a motion-compensated 
    platform scale (62 FR 43866, August 15, 1997). If the proposal is 
    adopted, these weighing and scale requirements would be codified in 
    Sec. 679.32 with other regulations governing monitoring of the CDQ 
    program. All scales used would have to be approved by NMFS under 
    Sec. 679.28 and appendix A to this part.
    
    Response to Comments
    
        Comment 1: The proposed at-sea scale requirements are very 
    different from scale certification requirements for shoreside 
    processors. Scales in shoreside plants are required to be certified 
    annually by the Alaska Division of Measurement Standards but are not 
    required to be tested between annual certifications. Specifically, they 
    are not required to meet accuracy standards in daily tests. NMFS should 
    not implement at-sea scale requirements until parallel requirements are 
    implemented by the State of Alaska for scales used to weigh federally 
    managed species in shorebased processing plants in Alaska.
        Response: Scales in shoreside processing plants are under the 
    jurisdiction of the State of Alaska Division of Measurement Standards 
    because the buying and selling of fish is commerce, and the State of 
    Alaska requires that these fish be weighed on a scale approved under 
    Alaska Statutes. The State of Alaska determines what constitutes an 
    approved scale, how often the scale has to be tested, what tests must 
    be conducted, and what
    
    [[Page 5837]]
    
    accuracy standards must be met. Scales in shoreside plants must meet 
    significantly more restrictive performance requirements--maximum 
    permissible errors (MPEs)--and are operated in a less hostile 
    environment than those at sea.
        NMFS believes it is unnecessary to have identical requirements for 
    scales in the shoreside plants and scales on vessels. The environment 
    in which the weighing occurs is different, and, therefore, the design 
    of the land-based versus at-sea scales is different. Once calibrated 
    and sealed, land-based scales are expected to hold their calibration 
    over an extended period of time. However, some motion-compensated belt 
    scales are specifically designed to be recalibrated regularly in order 
    to weigh accurately. Because the operator must adjust the scale several 
    times a day, NMFS believes that a daily test of the scale is necessary 
    to monitor the performance of the scale.
        NMFS may re-evaluate the need for daily tests for at-sea scales in 
    the future if scales with sealed calibration mechanisms are available 
    or if daily scale test results indicate that fewer tests would provide 
    sufficient information about the scale's performance.
        Comment 2: NMFS should not implement requirements that vessels be 
    required to weigh catch on a scale evaluated under Sec. 679.28(b) until 
    NMFS demonstrates that at-sea scales are capable of weighing accurately 
    on specific vessels or classes of vessels defined by length categories 
    or processing modes, e.g., catcher/processors that head, gut, and 
    freeze (H&G).
        Response: This rule does not require any vessel to weigh catch at 
    sea. Such requirements are the subject of other rulemakings. Rather, 
    this rule establishes performance and technical requirements for scales 
    used to weigh catch at sea, from platform scales used to weigh 
    observers' samples to high capacity scales used to weigh total catch. 
    Questions such as whether at-sea weighing is necessary, which vessels 
    would be required to weigh catch, and whether back-up methods can be 
    used when a scale breaks down are being addressed in other rulemakings. 
    The technical and performance requirements for scales used at sea need 
    to be issued as soon as possible so that scale manufacturers can 
    prepare for future scale requirements.
        Comment 3: NMFS should use the term ``approved for use'' rather 
    than ``certified'' to refer to a scale that has met laboratory and 
    dockside inspection and test requirements to be consistent with the 
    terms used by weights and measures agencies.
        Response: NMFS concurs with the suggestion. This final rule refers 
    to scales that have met laboratory and initial or annual inspection 
    requirements as ``approved for use'' rather than ``certified.'' Once a 
    scale is approved for use, it must also pass daily at-sea scale test 
    requirements in order to be used to weigh catch at sea.
        Comment 4: Testing the scale in a laboratory or on a vessel tied up 
    to a dock will not verify whether the scale weighs accurately in 
    motion. These tests can only be performed once the scale has been 
    purchased and installed on the vessel, successfully evaluated in the 
    laboratory and by a scale inspector, and used in a commercial fishery. 
    A scale could pass laboratory and dockside inspection requirements but 
    fail the at-sea scale tests. Failure of the scale at this point would 
    be costly to the vessel owner in terms of scale installation and 
    purchase costs, as well as of loss of time in a commercial fishery.
        Response: NMFS is implementing a three-part process for evaluating 
    whether at-sea scales are meeting NMFS' performance and technical 
    requirements. This process consists of type evaluation of each model of 
    scale, dockside inspection of each scale once installed on a vessel and 
    once a year thereafter, and at-sea testing of each scale. No single 
    element of the process alone is sufficient to determine whether a scale 
    is meeting performance and technical requirements.
        The laboratory tests are designed to determine whether the model of 
    scale meets technical and performance standards under a range of 
    environmental and operating conditions on the vessel, including 
    temperature, humidity, power fluctuations, short-time power reduction, 
    power bursts, electrostatic discharge, and electromagnetic 
    susceptibility. However, the laboratory tests are not designed to test 
    the scale's performance in motion.
        The dockside inspection of each scale will determine, among other 
    things, whether the scale weighs accurately while in a nearly 
    stationary position. This evaluation is necessary to identify scales 
    that are not installed properly or do not meet other technical or 
    performance requirements before the vessel starts fishing.
        The at-sea scale tests will be conducted daily to verify that the 
    scale is weighing accurately at sea. This is the only test that will be 
    performed while the scale is in motion. The MPEs are higher in the at-
    sea scale tests than in the dockside tests to allow a greater tolerance 
    for scales tested in motion.
        NMFS considered the need for laboratory tests that would verify 
    whether a scale could weigh accurately in motion and agrees that, if 
    such tests existed, they would provide valuable information about a 
    scale's performance. Unfortunately, laboratory tests specifically 
    designed to test at-sea scales in motion do not exist, and it would be 
    very costly and time consuming for NMFS to develop laboratory tests 
    that could accurately reproduce the motion and other environmental 
    conditions experienced by a vessel.
        Although more extensive laboratory tests could provide more 
    information about the performance of a scale, the at-sea scale tests 
    would still be the official test of the scale's performance in motion. 
    It is possible that a scale could pass laboratory and dockside 
    inspection requirements but fail daily at-sea scale tests. Scale 
    manufacturers must understand the conditions under which their scale 
    will be used to accurately specify the performance capabilities of 
    their scales and to provide the necessary performance guarantees to 
    their customers. Vessel owners are responsible for proper installation 
    and maintenance of the scale according to the manufacturer's 
    instructions.
        Comment 5: In rough weather, some vessels may pitch and roll so 
    much that the fish being conveyed through the factory will slide across 
    the belt or be lifted off the belt. Laboratory tests would not 
    determine how the belt scale will function if fish are not in contact 
    with the weighing plate of the scale. Do NMFS certification tests tell 
    us if the scale will work if fish are not continually in contact with 
    the belt itself or are moving against the flow direction of the 
    conveyor belt because of the extreme motion of a vessel?
        Response: Laboratory tests are probably not needed to determine how 
    a belt scale would function under these circumstances because the scale 
    is not designed to weigh accurately if fish are sliding across the 
    scale's conveyor belt or are being lifted off the belt while they are 
    being weighed. If fish are sliding forward across the scale or are 
    being lifted off the scale when the vessel pitches, catch weight 
    probably would be underestimated. If fish are sliding backwards across 
    the scale, catch weight probably would be overestimated.
        The scale is required to be tested once a day by the vessel crew at 
    a time determined by the crew. NMFS acknowledges that these daily scale 
    tests cannot identify all weighing problems that will occur between 
    tests on successive days. However, other
    
    [[Page 5838]]
    
    features of the scale program should minimize this risk. These other 
    features include the type evaluation, and dockside tests, and the audit 
    trail that electronically records and stores records of scale 
    calibrations, adjustments, and observer monitoring.
        The vessel operators and scale manufacturers must decide whether a 
    particular type of scale or model of scale will be able to weigh 
    accurately under the conditions that will be experienced by the vessel. 
    If a vessel regularly fishes in circumstances where a belt scale is not 
    advisable, the owner or operator should consider installing an 
    automatic hopper scale in which fish are conveyed into the hopper of 
    the scale, which is a partially enclosed container, and weighed in 
    batches rather than being weighed as they flow across a scale.
        Comment 6: NMFS should require scale manufacturers to post a 
    performance bond.
        Response: NMFS will not require that scale manufacturers post a 
    performance bond to guarantee that their scales will meet NMFS' 
    requirements at sea. Arrangements to compensate vessel owners for 
    problems with the scales should be specified in a contract between the 
    scale manufacturer and the vessel owner without involvement by NMFS.
        Comment 7: Can laboratory tests required by NMFS be conducted at 
    laboratories in the United States?
        Response: Yes, influence factors tests for static temperature 
    (annex A, A.3.1 to appendix A to part 679), damp heat, steady state 
    (appendix A, annex A, A.3.2), and power voltage variation (appendix A, 
    annex A, A.3.3) can be conducted by laboratories accredited under the 
    National Type Evaluation Program (NTEP). The west coast NTEP laboratory 
    is located in Sacramento, CA, telephone 916-229-3000. The NTEP 
    laboratory also can refer scale manufacturers to other laboratories 
    that have the capability to conduct disturbance tests.
        Comment 8: NMFS should allow a combination of NTEP approval on 
    components and a history of scale use in a shoreside processing plant 
    in lieu of type evaluation requirements.
        Response: NMFS does not agree with this suggestion in its entirety, 
    but will accept NTEP Certificates of Conformance and test results to be 
    submitted in partial fulfillment of the type evaluation requirements. 
    Section 679.28(b)(1)(iv) has been revised accordingly.
        The NTEP Certificate of Conformance requires that a component or 
    device undergo only one or two of the seven laboratory tests 
    recommended for at-sea scales by our technical advisor (temperature and 
    power voltage fluctuation). The additional five tests are recommended 
    for at-sea scales because they represent the type of external factors 
    present on a vessel that may affect the scale's performance. A history 
    of use of a similar model of scale in a shoreside processing plant does 
    not offer NMFS the assurances it needs that the scale is designed to 
    operate successfully on a vessel.
        Comment 9: NMFS should accept International Organization of Legal 
    Metrology (OIML) Certificates of Conformance for all types of scales 
    covered by appendix A to part 679, rather than just for belt scales.
        Response: NMFS agrees and has revised Sec. 679.28(b)(1)(iv) to 
    specify OIML certificates and test results for automatic hopper scales, 
    platform scales, and hanging scales as acceptable verification of test 
    results. Scale manufacturers who submit NTEP or OIML Certificates of 
    Conformance must also submit all other information required by NMFS 
    listed in Sec. 679.28(b)(1)(i) and (b)(1)(ii).
        Comment 10: Will NMFS accept an OIML Certificate of Conformance on 
    a land-based version of the motion-compensated scale?
        Response: Yes, NMFS will accept OIML Certificates of Conformance 
    and test data if they are based on tests of a model of scale without 
    motion compensation as long as the model of scale that was tested and 
    the model of scale that will be used to weigh catch at sea differ only 
    in the elements of the scale that are designed to perform motion 
    compensation, the size or capacity of the scale, and the software used 
    by the scale. Section 679.28(b)(1)(ii)(G) was added to the final rule 
    in order to clarify this allowance.
        Comment 11: Vessel owners need an alternative to the weights and 
    measures inspectors that would be provided through NMFS' cooperative 
    agreement with the State of Alaska, Division of Measurement Standards. 
    Alternative weights and measures inspectors are needed in case NMFS 
    cannot provide scale inspectors when and where they are needed by the 
    vessel owners. NMFS could specify the qualifications and training 
    requirements for the inspectors, and the industry could contract 
    directly with the alternative scale inspectors.
        Response: Section 679.28(b)(2)(iii)(B) was added to the final rule 
    in order to authorize inspectors other than those employed by the State 
    of Alaska to conduct initial and periodic inspections of at-sea scales. 
    NMFS will not pay any of the costs associated with these inspections. A 
    person wishing to conduct scale inspections must be an employee of a 
    U.S., state, or local weights and measures agency. He or she must be 
    trained to conduct the inspection by NMFS' authorized scale inspectors 
    and must notify NMFS in writing that he or she meets the previous two 
    requirements prior to conducting any inspections. Such person must 
    provide NMFS with at least 3 days notice that a scale inspection will 
    be conducted in order to provide NMFS employees with an opportunity to 
    observe the inspection. This section is not yet effective; OMB must 
    first approve the collection of information requirements. The section's 
    effectiveness will be announced by notice in the Federal Register.
        Comment 12: NMFS needs to clarify where scale inspections could 
    occur, because the preamble to the PR says that inspections would occur 
    in Seattle, WA, or Dutch Harbor, AK, but the regulations do not limit 
    inspections to these two ports. In addition, NMFS should provide for 
    scale inspections in Kodiak because these regulations could apply to 
    vessels in the Gulf of Alaska in the future.
        Response: Section 679.28(b)(2)(v) has been added to the final rule 
    in order to clarify that inspections by inspectors paid for by NMFS 
    must be conducted only in the Puget Sound area of Washington State and 
    Dutch Harbor, AK. This restriction is necessary to stay within the 
    budget NMFS has allocated for the scale inspection program. NMFS will 
    consider amending these regulations to allow scale inspections in other 
    ports if the demand exists and the budget can be increased. One 
    possible option would be to allow inspections in other ports if vessel 
    owners pay for the cost of travel and transportation of equipment from 
    Seattle, WA, or Dutch Harbor, AK, to the port in which the scale 
    inspection is requested.
        NMFS also may propose to limit scale inspections to certain months 
    of the year if necessary to perform all scale inspections within budget 
    limits.
        Comment 13: NMFS should pre-approve scale installation plans.
        Response: NMFS will review scale installation plans with vessel 
    owners and discuss installation, performance, and technical 
    requirements. However, NMFS cannot approve the vessel owner's plans. 
    Determination of whether a scale meets NMFS requirements can only be 
    determined once the scale is installed and in use.
        Comment 14: NMFS should give a 1-month grace period for annual 
    inspections. The purpose of this would be to increase the scheduling 
    flexibility for both NMFS and vessel owners
    
    [[Page 5839]]
    
    without resulting in a situation where the vessel is required to 
    undergo the inspection more than once per year.
        Response: The final regulations require that the scale be inspected 
    and tested by an inspector authorized by NMFS when it is first 
    installed (initial inspection) and one time each year within 12 months 
    of the date of the most recent inspection. This means that a scale that 
    passes the inspection requirements on May 1, 1998, would not be 
    required to pass the inspection requirements again until May 1, 1999. 
    Because no scale must be inspected more than once in a 12-month period, 
    a 1-month grace period is not necessary. Vessel owners may schedule 
    their second inspection for a date less than 12 months from the initial 
    inspection so that future annual inspections may occur during a more 
    convenient time of the year. See the response to comment 15 for 
    additional information.
        Comment 15: NMFS should grant a trip-by-trip exemption if an 
    inspector is not available.
        Response: NMFS intends to establish a scale inspection program that 
    will provide inspectors when they are needed within 10 working days of 
    the date the request for a scale inspection is received. Vessel owners 
    are encouraged to plan ahead in order to ensure that they obtain an 
    annual inspection prior to the deadline.
        Comment 16: The proposed MPE of 3 percent for at-sea scale tests is 
    too high. Scales could and should achieve better than that at sea.
        Response: A 3-percent MPE was proposed as a compromise between what 
    scale manufacturers said they could achieve and what NMFS believed 
    would be acceptable for fisheries management purposes. NMFS did not 
    want to propose an MPE so restrictive that it would cause scales to 
    regularly fail at-sea tests. Tests conducted on a belt conveyor scale 
    between August 1996 and March 1997 showed that a 1.5-percent MPE could 
    be met in most cases but that a 3-percent MPE was not exceeded in any 
    test. NMFS will maintain the MPE for belt and automatic hopper scales 
    at 3 percent, and may re-evaluate the 3-percent MPE in the future if 
    at-sea scale test results indicate that better performance can 
    practically be achieved. See the response to comment 17 about MPEs for 
    platform and hanging scales.
        Comment 17: The MPE for at-sea tests of the platform and hanging 
    scales should be reduced from 3 percent to 0.5 percent because these 
    types of scales can meet more restrictive MPEs at sea. In addition, 
    many of the platform scales will be used to weigh test material for 
    testing the belt or automatic hopper scales. If the allowable error in 
    the scale used to weigh test material is 3 percent, then a cumulative 
    error of 6 percent could be allowed for the belt and automatic hopper 
    scales.
        Response: NMFS agrees and has revised Sec. 678.28(b)(3) 
    accordingly.
        Comment 18: The MPE for belt and automatic hopper scales at initial 
    and periodic inspections should be 1 percent.
        Response: Section 2.2.1.3 (belt scales) and section 3.2.1.2 
    (automatic hopper scales) of appendix A to part 679 specify that the 
    MPE for material tests and increasing and decreasing load tests 
    conducted in a laboratory or on a scale installed on a stationary 
    vessel is 1 percent. The MPE for at-sea tests of belt and automatic 
    hopper scales is 3 percent.
        Comment 19: NMFS needs to clarify what information is required on 
    the scale's ``audit trail.''
        Response: The audit trail is an electronic and printed record of 
    changes that are made to the scale or the scale weights by the scale 
    operator. Appendix A to part 679 requires that when a scale is adjusted 
    or calibrated, either a security seal must be broken or an audit trail 
    must be provided. Changes in adjustable components, such as span 
    (calibration) and automatic zero-setting, that affect the performance 
    or accuracy of the scale must be recorded on the audit trail.
        NMFS has revised the regulations and annex A to appendix A in order 
    to clarify that the information on the audit trail must be provided in 
    an electronic form that cannot be changed or erased by the scale 
    operator, can be printed at any time, and can be cleared by the scale 
    manufacturer's representative upon direction by NMFS or by an 
    authorized scale inspector.
        NMFS removed the requirement that ``a unique identifying number 
    from 000 to 999 to identify the type of adjustment being made to any 
    parameter that affects the performance of the scale'' be recorded on 
    the audit trail. The requirement to record the date and time of each 
    adjustment will provide sufficient information about the chronological 
    order of adjustments. NMFS also removed the requirement that the 
    ``source of the change'' be provided on the audit trail. This referred 
    to the identification of the person making the change which, upon 
    consultation with our technical advisor and scale manufacturers, NMFS 
    determined was not meaningful information to require.
        If the adjustment recorded on the audit trail is a scale 
    calibration performed by the scale operator, the audit trail would 
    record the date and time the calibration procedure was performed, the 
    name or type of adjustment being made, such as ``span adjustment'' or 
    ``calibration,'' and the initial and final values of the parameter 
    changed.
        The final rule has also been changed to add the requirement that 
    any information to be provided on the audit trail be described in the 
    ``information about the scale'' submitted to NMFS under 
    Sec. 679.28(b)(1)(ii)(H) and to add the definition of ``adjustable 
    component'' to section 5 of appendix A to part 679.
        Comment 20: Can the information on the audit trail be printed on a 
    remote computer that captures the data from the scale?
        Response: Yes. Information on the audit trail is required to be 
    recorded and retained in memory until it is cleared from memory at the 
    annual inspection. The information is not required to be displayed on 
    the scale indicator. However, the scale system must include the 
    capability to print the information on the audit trail at any time upon 
    request of the observer, the scale inspector, NMFS staff, or an 
    authorized officer.
        Comment 21: Can the printed information required in sections 
    2.3.1.8, 3.3.1.7, and 4.3.1.5 of appendix A to part 679 be provided by 
    an auxiliary printer connected to the scale?
        Response: The printed information could come from either a printer 
    that is connected directly to the scale or that is connected through 
    another computer on the vessel.
        Comment 22: The proposed rule would appear to allow the scale 
    operator to recalibrate the scale every day just prior to the scale 
    test. This would render the test valueless because a scale could be 
    operated with as great as 10 percent error for 24 hours and still 
    satisfy NMFS requirements.
        Response: NMFS does not agree with this comment. The scales are 
    required to be adjusted so that the error is as close as possible to 
    zero, which means that vessel operators are prohibited from 
    deliberately adjusting the scale incorrectly. Although scales may be 
    recalibrated or tested at any time during the day, the audit trail is 
    designed to record information that will be used to determine whether a 
    scale had been incorrectly adjusted and then readjusted just prior to 
    the scale test.
        Comment 23: NMFS needs to clarify the difference in requirements 
    for different uses of platform scales.
        Response: Platform scales could be used for two different purposes 
    on a
    
    [[Page 5840]]
    
    vessel. First, a platform scale could be used as an observer sampling 
    scale and to verify the weight of fish used to test the belt or 
    automatic hopper scales on trawl catcher/processors and motherships. In 
    this case, the scale will not be required to provide printed output of 
    scale weights because all information from the scale weights will be 
    recorded by hand on the observer's forms or on the scale test report 
    form. In addition, the platform scale will not be required to provide 
    an audit trail of all adjustments to the scale. The purpose of the 
    audit trail for scales used to weigh total catch is to monitor whether 
    the scale is being improperly adjusted so that weights are incorrectly 
    reported. An audit trail is not necessary for a scale used primarily by 
    the observer or witnessed by the observer during a scale test because 
    the observer can test the scale immediately prior to use to verify its 
    accuracy.
        Second, a platform scale could be used to weigh total catch. In 
    this case, the scale would be required to meet all of the performance 
    and technical requirements specified in Sec. 679.28(b) and section 4 of 
    appendix A to part 679.
        For all uses of a platform scale, the scale is required to meet 
    type evaluation requirements and to be inspected and approved by an 
    authorized scale inspector upon initial installation and each year 
    thereafter. In addition, the vessel owner is required to provide 
    certified test weights as described in Sec. 679.28(b)(3)(ii)(B) for the 
    daily scale tests at sea.
        Comment 24: In appendix A to part 679, sections 2.3.1.5 and 
    3.3.1.9, NMFS proposes to require that belt scales and automatic hopper 
    scales be capable of indicating at least 99,999,999 kilograms so that 
    the cumulative weight of all catch in a year could be displayed on the 
    indicator. Scales currently on the market cannot display this many 
    digits.
        Response: NMFS has revised sections 2.3.1.5 and 3.3.1.9 of appendix 
    A to part 679 to allow the information required on the scale indicator 
    to be displayed in either kilograms or metric tons. These sections now 
    read: ``the range of the weight indications and printed values for each 
    haul or set must be from 0 kg to 999,999 kg and for the cumulative 
    weight must be from 0 to 99,999 metric tons.'' This revision allows the 
    cumulative catch of all material weighed on the scale to be displayed 
    in less space.
        NMFS also revised the wording in several other sections of appendix 
    A to part 679 to make other requirements consistent with the changes in 
    sections 2.3.1.5 and 3.3.1.9.
        Sections 2.3.1.1 and 3.3.1.1 were revised to replace technical 
    terms with plain English. For example, the first two sentences of 
    section 2.3.1.1 previously read, ``a belt scale must be equipped with a 
    primary indicator in the form of a master weight totalizer, a printer, 
    and a rate of flow indicator. It must also be equipped with auxiliary 
    means to indicate or print values for specified partial loads.'' 
    Section 2.3.1.1 has been revised to read, ``a belt scale must be 
    equipped with an indicator capable of displaying both the weight of 
    fish in each haul or set and the cumulative weight of all fish or other 
    material weighed on the scale between annual inspections (``the 
    cumulative weight''); a rate of flow indicator; and a printer.'' 
    Section 3.3.1.1 has been revised similarly.
        Sections 2.3.1.3 and 3.3.1.3 have been revised to read, ``the 
    weight of each haul or set must be indicated in kilograms and the 
    cumulative weight may be indicated in kilograms or metric tons and 
    decimal subdivisions.''
        Section 2.3.1.6 has been revised to read, ``the means to indicate 
    the weight of fish in each haul or set must be resettable to zero. The 
    means to indicate the cumulative weight must not be resettable to zero 
    without breaking a security means and must be reset only upon direction 
    by NMFS or an authorized scale inspector.'' Section 3.3.1.10 has been 
    revised to read, ``the cumulative weight must not be resettable to zero 
    without breaking a security means and must be reset only upon direction 
    by NMFS or an authorized scale inspector.''
        Comment 25: NMFS should allow limited component exchange for load 
    cells without requiring that the scale be re-evaluated at a laboratory.
        Response: NMFS agrees that metrologically equivalent load cells 
    from the same or a different manufacturer may be installed into a scale 
    without requiring that scale to be resubmitted for laboratory tests or 
    retested by a scale inspector. However, a materials test should be 
    conducted immediately after replacing the load cell to assure that the 
    scale is weighing accurately.
        Comment 26: NMFS should clarify the definition of a major 
    modification that would require a scale to be inspected by an 
    authorized scale inspector between annual inspections.
        Response: It would be difficult for NMFS to distinguish between 
    scale modifications that should require re-inspection versus those that 
    should not. Therefore, NMFS is requiring only that the scales be 
    inspected when they are first installed on a vessel and at least one 
    time per year thereafter. Between annual inspections, NMFS will rely on 
    the daily scale test requirement to determine whether a scale is 
    weighing accurately after scale modifications.
        Comment 27: For automatic hopper scales, NMFS should allow the 
    option of having the scale return to zero after weighing each hopper of 
    fish rather than requiring the scale to print the load and no-load 
    reference values for each hopper load because this provision is allowed 
    for automatic hopper scales used in shoreside plants.
        Response: NMFS revised section 3.3.1.1 of appendix A to part 679 to 
    allow this option for automatic hopper scales.
        Comment 28: A material test should be used to test both belt scales 
    and automatic hopper scales at sea. The material used in the test 
    should be weighed immediately before or after the test to establish its 
    true weight, regardless of whether this material is fish or an 
    alternative (such as sand bags).
        Response: NMFS agrees and has revised the requirements for at-sea 
    scale tests in Sec. 679.28(b)(3) accordingly.
        Comment 29: The overload protection requirement should be increased 
    from 150 percent to 200 percent because of the extra stress on scales 
    used at sea.
        Response: Increasing the overload protection requirement for the 
    scales is unnecessary. Loads in excess of 150 percent of the capacity 
    of the scale should not normally accumulate on the scale. In the event 
    that they do, the scale should be recalibrated before it is used to 
    weigh more fish.
        Comment 30: Stating specific sizes of scales under the definition 
    of a platform scale may unintentionally favor specific scale 
    manufacturers.
        Response: Scale dimensions were included as examples representative 
    of some scales in use, but were not intended to specify designs of any 
    particular manufacturer, nor to preclude the design of a manufacturer. 
    NMFS has removed this particular sentence from the definition.
        Comment 31: Can a ``security means'' be a password needed to enter 
    the indicator that will be known only to the inspector and that can be 
    changed only by the inspector?
        Response: This comment refers to the requirement in sections 
    2.3.1.11, 3.3.1.12, and 4.3.1.8 of appendix A to part 679 which states 
    that ``an adjustable component that can affect the performance of the 
    scale must be held securely in position and must not be capable of 
    adjustment without breaking a security means, unless a record of the 
    adjustment is made on the audit trail
    
    [[Page 5841]]
    
    * * *.'' Because it would be impossible for NMFS to determine if the 
    password needed to make a scale adjustment was known to the vessel 
    crew, a password would not be considered a ``security means.'' 
    Therefore, any feature of the scale that could be changed by entering a 
    password prior to making the change is required to be recorded on the 
    audit trail. NMFS also revised the definition of ``security seals or 
    means'' in section 5.0 of appendix A to part 679 in order to be 
    consistent with this response to comment 31. In the PR, the definition 
    read, ``a physical seal such as a lead and wire seal or a key or code 
    that when a change is made in the operating or performance 
    characteristics of a scale it becomes evident.'' The definition now 
    reads ``a physical seal such as a lead and wire seal that must be 
    broken in order to change the operating or performance characteristics 
    of the scale.''
        Comment 32: The conveyors on belt scales are run by electricity 
    rather than hydraulics, which is used for other conveyors on the 
    vessel. Therefore, the scales will be less robust than regular conveyor 
    belts. The electricity-driven belts will pose both safety and breakdown 
    problems. In addition, scales will be exposed to more sand and grit on 
    vessels that head, gut, and freeze groundfish than they would on 
    vessels fishing for pollock, making durability a greater concern. 
    Scales should not be required on H&G vessels until hydraulically 
    operated belt scales are available.
        Response: NMFS is setting the performance and technical standards 
    for scales, specifying the fisheries in which scales are required, and 
    will monitor the use of scales in these fisheries. NMFS cannot 
    guarantee that scales will be able to operate on all fishing vessels 
    under all sea conditions. It is the responsibility of vessel owners who 
    wish to participate in these fisheries and of the scale manufacturers 
    to make sure that they have installed a scale that is capable of 
    meeting NMFS' standards. The decision of how a scale or a component of 
    a scale is powered on a vessel should be made by the scale 
    manufacturers and the vessel operators.
        Comment 33: Fish should be used in the initial evaluation of the 
    scale conducted by the scale inspector.
        Response: NMFS agrees that it is most desirable to use the same 
    material that will be weighed by the scale in material tests of the 
    scale. However, it would be very difficult to make fish available for 
    scale tests that are most likely to occur outside commercial fishing 
    seasons and in ports far from where the fish are harvested. It is also 
    very difficult and expensive to require inspectors to conduct scale 
    tests on a vessel after it starts fishing. Therefore, NMFS believes 
    that the only option will be to conduct the material tests in the 
    laboratory and at dockside with an alternative material that simulates 
    the flow of fish as much as possible.
        Comment 34: Section 2.2.2 of appendix A to part 679 specifies a 
    minimum flow rate for belt scales. What is required of the scale if it 
    is weighing below the minimum flow rate?
        Response: Section 2.2.2 requires that the manufacturer specify the 
    minimum flow rate for the scale and that the scale produce an audio or 
    visual signal when the rate of flow is less than the minimum flow rate 
    or greater than 98 percent of the maximum flow rate. NMFS is not 
    requiring that the scale stop operating if the alarm indicates that the 
    scale is operating below the minimum flow rate. However, the scale 
    operator should correct the situation because the scale is not being 
    operated according to the manufacturer's specifications.
        Comment 35: How long must the zero load test required in section 
    2.2.1.2 of appendix A to part 679 be performed?
        Response: Section 2.4.2.2 of appendix A to part 679 requires that 
    the zero load test be conducted for a time equal to that required to 
    deliver the minimum totalized load, which will depend on the capacity 
    and belt speed of the individual scale.
    
    Changes From the Proposed Rule
    
        In addition to the changes discussed in the preceding responses to 
    comments and editorial corrections and minor changes for grammar, 
    consistency of word usage, and clarity, NMFS has made the following 
    changes from the proposed rule:
        1. NMFS added the following sentence to Sec. 679.28(b)(2)(iv) to 
    more clearly state the responsibility of the vessel owner in providing 
    advance notice of the need for a scale inspection: ``[v]essel owners 
    must request a scale inspection at least 10 working days in advance of 
    the requested inspection by contacting an authorized scale inspector at 
    the address indicated on the list of authorized inspectors.''
        2. NMFS added the requirement in Sec. 679.28(b)(3)(ii)(B) that the 
    weight of each test weight must be certified by a National Institute of 
    Standards and Technology approved metrology laboratory and that a copy 
    of the laboratory certification documents be maintained on board the 
    vessel at all times while the scale is required. This requirement is 
    necessary in order to accurately determine the weight of the test 
    weights which will be used to calibrate and test scales at sea.
        3. NMFS revised Sec. 679.28(b)(2)(vii) to require that the vessel 
    owner maintain a copy of the scale inspection test report form on the 
    vessel rather than submit a copy to NMFS. NMFS will receive a copy of 
    this report form from the scale inspectors.
        4. NMFS revised Sec. 679.28(b)(3), (b)(4), and (b)(5) to clarify 
    that both the vessel owner and the vessel operator are responsible for 
    ensuring that the daily scale tests are conducted, that adjustments 
    made to the scale bring the performance errors as close as practicable 
    to a zero value, and that the required printed reports are provided.
        5. NMFS added Sec. 679.28(b)(5)(i) to clarify that scale weights 
    may not be adjusted to account for the perceived weight of water, mud, 
    dirt, or other non-fish material. The scale must display, record, and 
    print the weight of the material being weighed. Sections 2.3.1.13 and 
    3.3.1.16 of appendix A to part 679, titled ``Adjustments to Scale 
    Weights,'' were added to read: ``The indicators and printer must be 
    designed so that the scale operator cannot change or adjust the 
    indicated and printed weight values.''
        6. NMFS added Sec. 679.28(b)(6) to require that the observer be 
    able to see the product on the scale and the scale indications at the 
    same time. This section prevents the scale indicator, which displays 
    the scale weights, from being installed somewhere on the vessel where 
    it could not be watched as fish were being weighed.
        7. NMFS revised section 2.2.1.2 of appendix A to part 679 in order 
    to clarify its meaning. The requirement in the PR was that ``the MPE 
    for zero load tests conducted in a laboratory or on a scale installed 
    on a stationary vessel is 0.1 percent or 1 scale division 
    (d).'' NMFS revised the last part of this sentence to read `` +0.1 
    percent of the value of the minimum totalized load or 1 scale division 
    (d), whichever is greater.''
        8. NMFS revised the last sentence of sections 2.2.1 and 3.2.1 of 
    appendix A to part 679 in order to be consistent with 
    Sec. 679.28(b)(2)(i) which states that scale inspections will be 
    conducted on a vessel tied up at a dock. In the PR, sections 2.2.1 and 
    3.2.1 of appendix A to part 679 read, ``a stationary vessel refers to a 
    vessel that is tied up at a dock or anchored near shore and is not 
    under power at sea.'' NMFS removed ``or anchored near shore.''
        9. NMFS revised the requirements for the information from the 
    scales used to weigh total catch that must be printed each day 
    (sections 2.3.1.8, and 3.3.1.7 of
    
    [[Page 5842]]
    
    appendix A to part 679). These revisions added the requirements to 
    print vessel name, the value of the cumulative catch recorded on the 
    totalizer, and the date and time the information is printed. The 
    following information is required to be printed each day:
        i. The vessel name;
        ii. The Federal fisheries or processor permit number of the vessel;
        iii. The haul or set number;
        iv. Month, day, year, and time (to the nearest minute) weighing 
    catch from the haul or set started;
        v. Month, day, year, and time (to the nearest minute) weighing 
    catch from the haul or set ended;
        vi. The total weight of catch in each haul or set;
        vii. The total cumulative weight of all fish or other material 
    weighed on the scale; and
        viii. The date and time the information is printed.
        10. NMFS added a sentence in section 2.2.1.1 c. of annex A to 
    appendix A to part 679 in order to change the temperature effect at 
    zero flow rate from 10 deg. C to 10 deg. C  0.2 deg. C.
        Following is an example of how the information required to be 
    printed each day could be presented for the first day that weighing on 
    the scale occurs:
    
                              Vessel Name: ______________________________ Federal Permit #:                         
    ----------------------------------------------------------------------------------------------------------------
                                                                                         Time                       
                                                                              -------------------------- Haul or set
                         Haul or set number                           Date       Weighing     Weighing   weight (kg)
                                                                                 started      stopped               
    ----------------------------------------------------------------------------------------------------------------
    1...........................................................       1/1/98         0200         0500       50,000
    2...........................................................       1/1/98         0600         0900       50,000
    3...........................................................       1/1/98         1600         1900       50,000
    Cumulative weight...........................................       1/1/98          N/A          N/A      150,000
    ----------------------------------------------------------------------------------------------------------------
    Date and time information printed: 1/1/98, 2100 hrs.                                                            
    Signature of vessel operator:________________________________________                                           
    ----------------------------------------------------------------------------------------------------------------
    
        10. In section 2.3.4 of appendix A to part 679, the value of the 
    scale division (d) was added to the list of marking requirements. In 
    section 3.3.6, the accuracy class and the value of the scale division 
    (d) were added to the list of marking requirements.
        11. Section 4.2.1 of appendix A to part 679 was revised to clarify 
    and correct the sections referring to MPEs in type evaluation and 
    initial and periodic inspections. Table 1 was also revised to delete 
    the last column of MPEs for ``in-service.'' In-service refers to the 
    time when the scale is in use at sea, and this MPE is already specified 
    in Sec. 679.28(b)(3). Table 2 was added to section 4.2.2 of appendix A 
    to part 679 to define the accuracy classes referred to in table 1 to 
    appendix A.
        12. In section 4.2.3 of appendix A to part 679, two typographical 
    errors were corrected. ``Class III scale 10 d'' should have read, 
    ``Class IIII scale 10d.'' The weights and measures industry uses 
    ``IIII'' rather than the Roman numeral IV to refer to a class four 
    scale.
        13. The word ``sealable'' was deleted from the definition of 
    ``event logger'' because the parameters being recorded by the event 
    logger are parameters that cannot be sealed. The definition also was 
    revised to make it consistent with the changes made to the audit trail 
    described in the response to comment 19.
    
    Classification
    
        This final rule has been determined to be not significant for 
    purposes of E.O. 12866.
        When this rule was proposed, the Assistant General Counsel for 
    Legislation and Regulation of the Department of Commerce certified to 
    the Chief Counsel for Advocacy of the Small Business Administration 
    that it would not have a significant economic impact on a substantial 
    number of small entities. The rationale for this determination appeared 
    in the preamble to the proposed rule. NMFS received one comment 
    regarding this certification. However, the comment was in reference to 
    a different proposed rule which would require trawl catcher/ processors 
    and motherships participating in the CDQ fisheries to use a scale 
    approved by NMFS. NMFS will respond to this comment in the comment 
    section of the relevant rulemaking. No comments were received regarding 
    the forms for the certification. Accordingly, no regulatory flexibility 
    analysis was prepared.
        Notwithstanding any other provision of the law, no person is 
    required to respond to, nor shall any person be subject to a penalty 
    for failure to comply with, a collection-of-information subject to the 
    requirements of the PRA, unless that collection-of-information displays 
    a currently valid OMB control number.
        This rule contains collection-of-information requirements subject 
    to the Paperwork Reduction Act. A request has been submitted to OMB for 
    approval of a requirement that inspectors from agencies other than an 
    agency designated by NMFS submit written verification that they have 
    completed training requirements prior to conducting a scale inspection. 
    The public reporting burden for this proposed requirement is estimated 
    to average 30 minutes per response. Inspectors from agencies other than 
    the weights and measures agency designated by NMFS to perform scale 
    inspections on behalf of NMFS must notify the Regional Administrator of 
    the date, time, and location of the scale inspection at least 3 working 
    days before the inspection is conducted. The public reporting burden 
    for this requirement is estimated to average 2 minutes per notice.
        Public comment is sought regarding: Whether this collection of 
    information is necessary for the proper performance of the functions of 
    the agency, including whether the information has practical utility; 
    the accuracy of the burden estimate; ways to enhance the quality, 
    utility, and clarity of the information to be collected; and ways to 
    minimize the burden of the collection of information, including through 
    the use of automated collection techniques or other forms of 
    information technology.
        The other collections of information in this rule have been 
    approved by the Office of Management and Budget, OMB control number 
    0648-0330. The new information requirements include the following: (1) 
    Scale manufacturers must submit completed At-Sea Scales Type Evaluation 
    Certification documents to the Regional Administrator prior to being 
    placed on the list of eligible at-sea scales; (2) vessel owners must 
    maintain a copy of the scale certification document issued by a scale 
    inspector
    
    [[Page 5843]]
    
    approved by the Regional Administrator to NMFS prior to participating 
    in a fishery in which a certified at-sea scale is required; (3) vessel 
    operators must maintain a record of the results of daily at-sea scale 
    tests; (4) vessel operators must maintain printed output from the 
    scale; and (5) vessel operators must print information from the scale's 
    audit trail once per year. The public reporting burden for this 
    collection of information is estimated to average 176 hours per 
    response for the type evaluation certification documents, 1 minute per 
    response to maintain the scale certification on the vessel, 45 minutes 
    per response for the at-sea scale tests, 5 minutes per response for the 
    printed output from the scale, and 3 minutes per response for the 
    printed audit trail. These estimates include the time for reviewing 
    instructions, searching existing data sources, gathering and 
    maintaining the data needed, and completing and reviewing the 
    collection of information. Send comments regarding these burden 
    estimates or any other aspect of the data requirements, including 
    suggestions for reducing the burden, to NMFS (see ADDRESSES) and to the 
    Office of Information and Regulatory Affairs, OMB, Washington, DC 20503 
    (Attention: NOAA Desk Officer).
    
    List of Subjects in 50 CFR Part 679
    
        Alaska, Fisheries, Reporting and recordkeeping requirements.
    
        Dated: January 23, 1998.
    David L. Evans,
    Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
    Service.
    
        For the reasons set out in the preamble, 50 CFR part 679 is amended 
    as follows:
    
    PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
    
        1. The authority citation for part 679 continues to read as 
    follows:
    
        Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
    
        2. In subpart B, Sec. 679.28 is added to read as follows:
    
    
    Sec. 679.28  Equipment and operational requirements for catch weight 
    measurement.
    
        (a) Applicability. This section contains the requirements for NMFS 
    approval of scales used to weigh catch at sea and other requirements 
    relating to such scales. This section does not require any vessel to 
    weigh catch at sea. Such requirements appear elsewhere in this part.
        (b) Scales used to weigh catch at sea. In order to be approved by 
    NMFS a scale used to weigh catch at sea must meet the type evaluation 
    requirements set forth in paragraph (b)(1) of this section and the 
    initial inspection and annual reinspection requirements set forth in 
    paragraph (b)(2) of this section. Once a scale is installed on a vessel 
    and approved by NMFS for use to weigh catch at sea, it must be 
    reinspected annually and must be tested daily and meet the maximum 
    permissible error (MPE) requirements described in paragraph (b)(3) of 
    this section.
        (1) List of scales eligible for approval. The model of scale must 
    be included on the Regional Administrator's list of scales eligible to 
    be approved for weighing catch at sea before an inspector will schedule 
    or conduct a scale inspection under paragraph (b)(2) of this section. A 
    scale will be included on the list when the Regional Administrator 
    receives the information specified in paragraphs (b)(1)(i) through (iv) 
    of this section. This information identifies and describes the scale, 
    sets forth contact information regarding the manufacturer, and sets 
    forth the results of required type evaluations and testing. Type 
    evaluation and testing must be conducted by a laboratory accredited by 
    the government of the country in which the tests are conducted.
        (i) Information about the scale. (A) Name of scale manufacturer.
        (B) Name of manufacturer's representative.
        (C) Mailing address of scale manufacturer and manufacturer's 
    representative.
        (D) Telephone and fax number of manufacturer's representative.
        (E) Model and serial number of the scale tested.
        (F) A written description of the scale and diagrams explaining how 
    the scale operates and how it compensates for motion.
        (G) A list of the model numbers of all scales for which type 
    evaluation results are applicable, identifying the differences between 
    the model evaluated in the laboratory and other models listed. The 
    scales may differ only in the elements of the scale that perform motion 
    compensation, the size or capacity of the scale, and the software used 
    by the scale.
        (H) A list of types of scale adjustments that will be recorded on 
    the audit trail, including the name of the adjustment as it will appear 
    on the audit trail, and a written description of the adjustment.
        (ii) Information about the laboratory. (A) Name of laboratory.
        (B) Mailing address of laboratory.
        (C) Telephone and fax number of laboratory's representative.
        (D) Name and address of government agency accrediting the 
    laboratory.
        (E) Name and signature of person responsible for evaluation of the 
    scale and the date of signature.
        (iii) Checklist. A completed checklist indicating that all 
    applicable technical and performance standards in appendix A to this 
    part and the laboratory tests in the annex to appendix A to this part 
    have been met.
        (iv) Verification of test results. Verification that a scale meets 
    the laboratory evaluation and testing requirements in appendix A of 
    this part and each of the influence quantity and disturbance tests as 
    specified in the annex to appendix A to this part:
        (A) Test results and data on forms supplied by NMFS;
        (B) National Type Evaluation Program (NTEP) Certificates of 
    Conformance, test results and data for a component of a scale or for 
    the entire device. NTEP Certificates of Conformance, test results, and 
    data may be submitted only in lieu of the specific influence factor 
    tests conducted to obtain the NTEP Certificates of Conformance. 
    Additional information must be submitted to verify compliance with the 
    laboratory tests that are not performed under the NTEP; and/or
        (C) International Organization of Legal Metrology (OIML) 
    Certificates of Conformance, test results and data.
        (2) Inspection of at-sea scales--(i) What is an inspection? An 
    inspection is a visual assessment and test of a scale after it is 
    installed on the vessel and while the vessel is tied up at a dock and 
    not under power at sea to determine if the scale meets all of the 
    applicable performance and technical requirements in paragraph (b)(2) 
    of this section and in appendix A to this part. A scale will be 
    approved by the inspector if it meets all of the applicable performance 
    and technical requirements in paragraph (b)(2) of this section and 
    appendix A to this part.
        (ii) How often must a scale be inspected? Each scale must be 
    inspected and approved before the vessel may participate in any fishery 
    requiring the weighing of catch at sea with an approved scale. Each 
    scale must be reinspected within 12 months of the date of the most 
    recent inspection.
        (iii) Who may perform scale inspections? Scales must be inspected 
    by a scale inspector authorized by NMFS. A list of scale inspectors 
    authorized by NMFS is available from the Regional Administrator upon 
    request. NMFS authorizes two types of scale inspectors:
    
    [[Page 5844]]
    
        (A) Inspectors from an agency designated by NMFS. Inspectors 
    employed by a weights and measures agency designated by NMFS to perform 
    scale inspections on behalf of NMFS. Scale inspections by such 
    inspectors are paid for by NMFS.
        (B) Inspectors from other agencies. Inspectors employed by a U.S., 
    state, or local weights and measures agency other than the weights and 
    measures agency designated by NMFS and meeting the following 
    requirements:
        (1) The inspector successfully completes training conducted by a 
    scale inspector from the weights and measures agency designated by NMFS 
    to perform scale inspections on behalf of NMFS. The training consists 
    of observing a scale inspection conducted by a scale inspector 
    designated by NMFS and conducting an inspection under the supervision 
    of a scale inspector designated by NMFS. The inspector must obtain this 
    training for each type of scale inspected.
        (2) The inspector notifies NMFS in writing that he/she meets the 
    requirements of this paragraph (b)(2)(iii)(B) prior to conducting any 
    inspections.
        (3) Inspectors from agencies other than the weights and measures 
    agency designated by NMFS to perform scale inspections on behalf of 
    NMFS must notify the Regional Administrator of the date, time, and 
    location of the scale inspection at least 3 working days before the 
    inspection is conducted so that NMFS staff may have the opportunity to 
    observe the inspection.
        (iv) How does a vessel owner arrange for a scale inspection? The 
    time and place of the inspection may be arranged by contacting the 
    authorized scale inspectors. Vessel owners must request a scale 
    inspection at least 10 working days in advance of the requested 
    inspection by contacting an authorized scale inspector at the address 
    indicated on the list of authorized inspectors.
        (v) Where will scale inspections be conducted? Scale inspections by 
    inspectors paid by NMFS will be conducted on vessels tied up at docks 
    in Dutch Harbor, Alaska, and in the Puget Sound area of Washington 
    State.
        (vi) Responsibilities of the vessel owner during a scale 
    inspection. After the vessel owner has installed a model of scale that 
    is on the Regional Administrator's list of scales eligible to be 
    approved for weighing catch at sea, the vessel owner must:
        (A) Make the vessel and scale available for inspection by a scale 
    inspector authorized by the Regional Administrator.
        (B) Provide a copy of the scale manual supplied by the scale 
    manufacturer to the inspector at the beginning of the inspection.
        (C) Transport test weights, test material, and equipment required 
    to perform the test to and from the inspector's vehicle and the 
    location on the vessel where the scale is installed.
        (D) Apply test weights to the scale or convey test materials across 
    the scale, if requested by the scale inspector.
        (E) Assist the scale inspector in performing the scale inspection 
    and testing.
        (vii) Scale inspection report. A scale is approved for use when the 
    scale inspector completes and signs a scale inspection report form 
    verifying that the scale meets all of the requirements specified in 
    this paragraph (b)(2) and appendix A to this part. Inspectors must use 
    the scale inspection report form supplied by the weights and measures 
    agency designated by NMFS to perform scale inspections on behalf of 
    NMFS. The scale inspector must provide the original of this inspection 
    report form to the vessel owner and a copy to NMFS. NMFS will maintain 
    a list of all scales for which the inspection report form has been 
    received and that are approved for use. The vessel owner is not 
    required to submit the scale inspection report form to NMFS. However, 
    the vessel owner must maintain a copy of the report form on board the 
    vessel at all times when the processor or vessel is required to use a 
    scale approved under this section. The scale inspection report form 
    must be made available to the observer, NMFS personnel or an authorized 
    officer, upon request. When in use, scales for which a scale inspection 
    form has been completed and signed must also meet requirements 
    described in paragraphs (b)(3) through (b)(6) of this section.
        (3) At-sea scale tests. The vessel owner must ensure that the 
    vessel operator tests each scale or scale system used to weigh total 
    catch one time during each 24-hour period in which fish are weighed on 
    the scale to verify that the scale meets the MPEs specified in this 
    paragraph (b)(3).
        (i) Belt scales and automatic hopper scales. (A) The MPE in the 
    daily at-sea scale tests is plus or minus 3 percent of the known weight 
    of the test material.
        (B) Test procedure. A material test must be conducted by weighing 
    at least 400 kg of fish or an alternative material supplied by the 
    scale manufacturer on the scale under test. The known weight of the 
    test material must be determined by weighing it on a platform scale 
    approved for use under paragraph (b)(7) of this section.
        (ii) Platform and hanging scales--(A) Maximum Permissible Error. 
    The MPE for platform and hanging scales is plus or minus 0.5 percent of 
    the known weight of the test material.
        (B) Test weights. Each test weight must have its weight stamped on 
    or otherwise permanently affixed to it. The weight of each test weight 
    must be certified by a National Institute of Standards and Technology 
    approved metrology laboratory. A copy of the laboratory certification 
    documents must be maintained on board the vessel at all times while the 
    scale is required. The amount of test weights that must be provided by 
    the vessel owner is specified in paragraphs (b)(3)(ii)(B)(1) and 
    (b)(3)(ii)(B)(2) of this section.
        (1) Platform scales used as observer sampling scales or to 
    determine the known weight of test materials. Any combination of test 
    weights that will allow the scale to be tested at 10 kg, 25 kg, and 50 
    kg.
        (2) Scales used to weigh total catch. Test weights equal to the 
    largest amount of fish that will be weighed on the scale in one 
    weighment.
        (iii) Requirements for all scale tests. (A) Notify the observer at 
    least 15 minutes before the time that the test will be conducted, and 
    conduct the test while the observer is present.
        (B) Conduct the scale test by placing the test material or test 
    weights on or across the scale and recording the following information 
    on the at-sea scale test report form:
        (1) Vessel name;
        (2) Month, day, and year of test;
        (3) Time test started to the nearest minute;
        (4) Known weight of test material or test weights;
        (5) Weight of test material or test weights recorded by scale;
        (6) Percent error as determined by subtracting the known weight of 
    the test material or test weights from the weight recorded on the 
    scale, dividing that amount by the known weight of the test material or 
    test weights, and multiplying by 100; and
        (7) Sea conditions at the time of the scale test.
        (C) Maintain the test report form on board the vessel until the end 
    of the fishing year during which the tests were conducted, and make the 
    report forms available to observers, NMFS personnel, or an authorized 
    officer. In addition, the scale test report forms must be retained by 
    the vessel owner for 3 years after the end of the fishing year during 
    which the tests were performed. All scale test report forms must be 
    signed by the vessel operator.
    
    [[Page 5845]]
    
        (4) Scale maintenance. The vessel owner must ensure that the vessel 
    operator maintains the scale in proper operating condition throughout 
    its use; that adjustments made to the scale are made so as to bring the 
    performance errors as close as practicable to a zero value; and that no 
    adjustment is made that will cause the scale to weigh fish 
    inaccurately.
        (5) Printed reports from the scale. The vessel owner must ensure 
    that the vessel operator provides the printed reports required by this 
    paragraph. Printed reports from the scale must be maintained on board 
    the vessel until the end of the year during which the reports were made 
    and be made available to observers, NMFS personnel, or an authorized 
    officer. In addition, printed reports must be retained by the vessel 
    owner for 3 years after the end of the year during which the printouts 
    were made. All printed reports from the scale must be signed by the 
    vessel operator.
        (i) Reports of catch weight and cumulative weight. Reports must be 
    printed at least once each 24-hour period in which the scale is being 
    used to weigh catch or before any information stored in the scale 
    computer memory is replaced. The haul or set number recorded on the 
    scale print-out must correspond with haul or set numbers recorded in 
    the processor's daily cumulative production logbook. Scale weights must 
    not be adjusted by the scale operator to account for the perceived 
    weight of water, mud, debris, or other materials. The information that 
    must be printed is described in Sections 2.3.1.8, 3.3.1.7, and 4.3.1.5 
    of appendix A to this part.
        (ii) Printed report from the audit trail. The printed report must 
    include the information specified in sections 2.3.1.8, 3.3.1.7, and 
    4.3.1.8 of appendix A to this part. The printed report must be provided 
    to the authorized scale inspector at each scale inspection and must 
    also be printed at any time upon request of the observer, the scale 
    inspector, NMFS staff, or an authorized officer.
        (6) Scale installation requirements. The observer must be able to 
    see the product on the scale and the scale indications at the same 
    time.
        (7) Platform scales used as observer sampling scales or to 
    determine the known weight of test materials. Platform scales used only 
    as observer sampling scales or to determine the known weight of fish 
    for a material test of another scale are required to meet all of the 
    requirements of paragraph (b) of this section and appendix A to this 
    part except sections 4.3.1 and 4.3.1.5 of appendix A to this part 
    (printer) or section 4.3.1.8 (audit trail) of appendix A to this part.
        3. Appendix A to part 679 is added immediately following subpart F 
    of part 679, before the figures and tables, to read as follows:
    
    Appendix A to Subpart F of Part 679--Performance and Technical 
    Requirements for Scales Used To Weigh Catch at Sea in the Groundfish 
    Fisheries Off Alaska
    
    Table of Contents
    
    1.  Introduction
    2.  Belt Scales
        2.1  Applicability
        2.2  Performance Requirements
        2.2.1  Maximum Permissible Errors
        2.2.1.1  Laboratory Tests
        2.2.1.2  Zero Load Tests
        2.2.1.3  Material Tests
        2.2.2  Minimum Flow Rate (min)
        2.2.3  Minimum Totalized Load (min)
        2.2.4  Influence Quantities
        2.2.4.1  Temperature
        2.2.4.2  Power Supply
        2.3  Technical Requirements
        2.3.1  Indicators and Printers
        2.3.1.1  General
        2.3.1.2  Values Defined
        2.3.1.3  Units
        2.3.1.4  Value of the Scale Division
        2.3.1.5  Range of Indication
        2.3.1.6  Resettable and Non-resettable Values
        2.3.1.7  Rate of Flow Indicator
        2.3.1.8  Printed Information
        2.3.1.9  Permanence of Markings
        2.3.1.10  Power Loss
        2.3.1.11  Adjustable Components
        2.3.1.12  Audit Trail
        2.3.1.13  Adjustments to Scale Weights
        2.3.2  Weighing Elements
        2.3.2.1  Speed Measurement
        2.3.2.2  Conveyer Belt
        2.3.2.3  Overload Protection
        2.3.2.4  Speed Control
        2.3.2.5  Adjustable Components
        2.3.2.6  Motion Compensation
        2.3.3  Installation Conditions
        2.3.4  Marking
        2.3.4.1  Presentation
        2.4  Tests
        2.4.1  Minimum Test Load
        2.4.2  Laboratory Tests
        2.4.2.1  Influence Quantity and Disturbance Tests
        2.4.2.2  Zero-Load Tests
        2.4.2.3  Material Tests
        2.4.3  Annual Scale Inspections
        2.4.3.1  Zero-Load Tests
        2.4.3.2  Material Tests
    3. Automatic Hopper Scales
        3.1  Applicability
        3.2  Performance Requirements
        3.2.1  Maximum Permissible Errors
        3.2.1.1  Laboratory Tests
        3.2.1.2  Increasing and Decreasing Load Tests
        3.2.2  Minimum Weighment (min)
        3.2.3  Minimum Totalized Load (Lot)
        3.2.4  Influence Quantities
        3.2.4.1  Temperature
        3.2.4.1.1  Operating Temperature
        3.2.4.2  Power Supply
        3.3  Technical Requirements
        3.3.1  Indicators and Printers
        3.3.1.1  General
        3.3.1.2  Values Defined
        3.3.1.3  Units
        3.3.1.4  Value of the Scale Division
        3.3.1.5  Weighing Sequence
        3.3.1.6  Printing Sequence
        3.3.1.7  Printed Information
        3.3.1.8  Permanence of Markings
        3.3.1.9  Range of Indication
        3.3.1.10  Non-resettable Values
        3.3.1.11  Power Loss
        3.3.1.12  Adjustable Components
        3.3.1.13  Audit Trail
        3.3.1.14  Zero-Load Adjustment
        3.3.1.14.1  Manual
        3.3.1.14.2  Semi-automatic
        3.3.1.15  Damping Means
        3.3.1.16  Adjustments to Scale Weights
        3.3.2  Interlocks and Gate Control
        3.3.3  Overfill Sensor
        3.3.4  Weighing Elements
        3.3.4.1  Overload Protection
        3.3.4.2  Adjustable Components
        3.3.4.3  Motion Compensation
        3.3.5  Installation Conditions
        3.3.6  Marking
        3.3.6.1  Presentation
        3.4  Tests
        3.4.1  Standards
        3.4.2  Laboratory Tests
        3.4.2.1  Influence Quantity and Disturbance Tests
        3.4.2.2  Performance Tests
        3.4.3  Annual Scale Inspections
    4. Platform Scales and Hanging Scales
        4.1  Applicability
        4.2  Performance Requirements
        4.2.1  Maximum Permissible Errors
        4.2.1.1  Laboratory Tests
        4.2.1.2  Increasing and Decreasing Load and Shift Tests
        4.2.2  Accuracy Classes
        4.2.3  Minimum Load
        4.2.4  Influence Quantities
        4.2.4.1  Temperature
        4.2.4.1.1  Operating Temperature
        4.2.4.2  Power Supply
        4.3  Technical Requirements
        4.3.1  Indicators and Printers
        4.3.1.1  General
        4.3.1.2  Values Defined
        4.3.1.3  Units
        4.3.1.4  Value of the Scale Division
        4.3.1.5  Printed Information
        4.3.1.6  Permanence of Markings
        4.3.1.7  Power Loss
        4.3.1.8  Adjustable Components
        4.3.1.9  Zero-Load Adjustment
        4.3.1.9.1  Manual
        4.3.1.9.2  Semi-automatic
        4.3.1.10  Damping Means
        4.3.2  Weighing Elements
        4.3.2.1  Overload Protection
        4.3.2.2  Adjustable Components
        4.3.2.3  Motion Compensation
        4.3.3  Installation Conditions
        4.3.4  Marking
        4.3.4.1  Presentation
        4.4  Tests
        4.4.1  Standards
        4.4.2  Laboratory Tests
        4.4.2.1  Influence Quantities and Disturbance Tests
    
    [[Page 5846]]
    
        4.4.2.2  Performance Tests
        4.4.3  Annual Scale Inspections
    5. Definitions
    
    Annex A to Appendix A to Part 679--Influence Quantity and Disturbance 
    Tests
    
    A.1  General
    A.2  Test considerations
    A.3  Tests
        A.3.1  Static Temperatures
        A.3.2  Damp Heat, Steady State
        A.3.3  Power Voltage Variation
        A.3.4  Short Time Power Reduction
        A.3.5  Bursts
        A.3.6  Electrostatic Discharge
        A.3.7  Electromagnetic Susceptibility
    A.4 Bibliography
    
    1. Introduction
    
        (a) This appendix to part 679 contains the performance and 
    technical requirements for scales to be approved by NMFS for use to 
    weigh, at sea, catch from the groundfish fisheries off Alaska. The 
    performance and technical requirements in this document have not 
    been reviewed or endorsed by the National Conference on Weights and 
    Measures. Regulations implementing the requirements of this appendix 
    and additional requirements for and with respect to scales used to 
    weigh catch at sea are found at 50 CFR 679.28(b).
        (b) Revisions, amendments, or additions to this appendix may be 
    made after notice and opportunity for public comments. Send requests 
    for revisions, amendments, or additions to the Sustainable Fisheries 
    Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802.
        (c) Types of Scales Covered by Appendix--This appendix contains 
    performance and technical requirements for belt, automatic hopper, 
    platform, and hanging scales.
        (d) Testing and Approval of Scales Used to Weigh Catch at Sea--
    Scales used to weigh catch at sea are required to comply with four 
    categories of performance and technical requirements: (1) Type 
    evaluation; (2) initial inspection after installation while the 
    vessel is tied up at a dock and is not under power at sea; (3) 
    annual reinspection while the vessel is tied up at a dock and is not 
    under power at sea; and (4) daily at-sea tests of the scale's 
    accuracy. This appendix contains only the performance and technical 
    requirements for type evaluation and initial and annual 
    reinspections by an authorized scale inspector.
    
    2. Belt Scales
    
        2.1  Applicability. The requirements in this section apply to a 
    scale or scale system that employs a conveyor belt in contact with a 
    weighing element to determine the weight of a bulk commodity being 
    conveyed across the scale.
        2.2  Performance Requirements--2.2.1 Maximum Permissible Errors. 
    For laboratory tests of a scale and initial inspections and annual 
    reinspections of an installed scale when the vessel is tied up at a 
    dock and is not under power at sea, the following maximum 
    permissible errors (MPEs) are specified:
        2.2.1.1  Laboratory Tests. See annex A to this appendix A for 
    procedures for disturbance tests and influence factors.
        a. Disturbances. 0.18 percent of the weight of the 
    load totalized.
        b. Influence Factors. 0.25 percent of the weight of 
    the load totalized.
        c. Temperature Effect at Zero Flow Rate. The difference between 
    the values obtained at zero flow rate taken at temperatures that 
    differ by 10 deg. C 0.2 deg. C must not be greater than 
    0.035 percent of the weight of the load totalized at the maximum 
    flow-rate for the time of the test.
        2.2.1.2  Zero Load Tests. For zero load tests conducted in a 
    laboratory or on a scale installed on a vessel and conducted when 
    the vessel is tied up at a dock and not under power at sea, 
    0.1 percent of the value of the minimum totalized load 
    or 1 scale division (d), whichever is greater.
        2.2.1.3  Material Tests. For material tests conducted in a 
    laboratory or on a scale installed on a vessel and conducted when 
    the vessel is tied up at a dock and not under power at sea, 
    1.0 percent of the known weight of the test material.
        2.2.2  Minimum Flow Rate (Qmin). The minimum flow rate must be 
    specified by the manufacturer and must not be greater than 35 
    percent of the rated capacity of the scale in kilograms per hour 
    (kg/hr) or metric tons per hour (mt/hr).
        2.2.3  Minimum Totalized Load (min). The minimum 
    totalized load must not be less than the greater of--
        a. Two percent of the load totalized in 1 hour at the maximum 
    flow rate;
        b. The load obtained at the maximum flow rate in 1 revolution of 
    the belt; or
        c. A load equal to 800 scale divisions (d).
        2.2.4  Influence Quantities. The following requirements apply to 
    influence factor tests conducted in the laboratory.
        2.2.4.1  Temperature. A belt scale must comply with the 
    performance and technical requirements at a range of temperatures 
    from -10 deg. C to +40 deg. C. However, for special applications the 
    temperature range may be different, but the range must not be less 
    than 30 deg. C and must be so specified on the scale's descriptive 
    markings.
        2.2.4.2  Power Supply. A belt scale must comply with the 
    performance and technical requirements when operated within a range 
    of -15 percent to +10 percent of the power supply specified on the 
    scale's descriptive markings.
        2.3.1  Technical Requirements.
        2.3.1  Indicators and Printers.
        2.3.1.1  General. A belt scale must be equipped with an 
    indicator capable of displaying both the weight of fish in each haul 
    or set and the cumulative weight of all fish or other material 
    weighed on the scale between annual inspections (``the cumulative 
    weight''), a rate of flow indicator, and a printer. The indications 
    and printed representations must be clear, definite, accurate, and 
    easily read under all conditions of normal operation of the belt 
    scale.
        2.3.1.2  Values Defined. If indications or printed 
    representations are intended to have specific values, these must be 
    defined by a sufficient number of figures, words, or symbols, 
    uniformly placed with reference to the indications or printed 
    representations and as close as practicable to the indications or 
    printed representations but not so positioned as to interfere with 
    the accuracy of reading.
        2.3.1.3  Units. The weight of each haul or set must be indicated 
    in kilograms, and the cumulative weight must be indicated in either 
    kilograms or metric tons and decimal subdivisions.
        2.3.1.4  Value of the Scale Division. The value of the scale 
    division (d) expressed in a unit of weight must be equal to 1, 2, or 
    5, or a decimal multiple or sub-multiple of 1, 2, or 5.
        2.3.1.5  Range of Indication. The range of the weight 
    indications and printed values for each haul or set must be from 0 
    kg to 999,999 kg and for the cumulative weight must be from 0 to 
    99,999 metric tons.
        2.3.1.6  Resettable and Non-resettable Values. The means to 
    indicate the weight of fish in each haul or set must be resettable 
    to zero. The means to indicate the cumulative weight must not be 
    resettable to zero without breaking a security means and must be 
    reset only upon direction of NMFS or an authorized scale inspector.
        2.3.1.7  Rate of Flow Indicator. Permanent means must be 
    provided to produce an audio or visual signal when the rate of flow 
    is less than the minimum flow rate or greater than 98 percent of the 
    maximum flow rate.
        2.3.1.8  Printed Information. The information printed must 
    include--
        a. For catch weight:
        i. The vessel name;
        ii. The Federal fisheries or processor permit number of the 
    vessel;
        iii. The haul or set number;
        iv. The month, day, year, and time (to the nearest minute) 
    weighing catch from the haul or set started;
        v. The month, day, year, and time (to the nearest minute) 
    weighing catch from the haul or set ended;
        vi. The total weight of catch in each haul or set;
        vii. The total cumulative weight of all fish or other material 
    weighed on the scale; and
        viii. The date and time the information is printed.
        b. For the audit trail:
        i. The vessel name;
        ii. The Federal fisheries or processor permit number of the 
    vessel;
        iii. The date and time (to the nearest minute) that the 
    adjustment was made;
        iv. The name or type of adjustment being made; and
        v. The initial and final values of the parameter being changed.
        2.3.1.9  Permanence of Markings. All required indications, 
    markings, and instructions must be distinct and easily readable and 
    must be of such character that they will not tend to become 
    obliterated or illegible.
        2.3.1.10  Power Loss. In the event of a power failure, means 
    must be provided to retain in a memory the weight of fish in each 
    haul or set for which a printed record has not yet been made, the 
    cumulative weight, and the information on the audit trail.
        2.3.1.11  Adjustable Components. An adjustable component that 
    when adjusted
    
    [[Page 5847]]
    
    affects the performance or accuracy of the scale must be held 
    securely in position and must not be capable of adjustment without 
    breaking a security means unless a record of the adjustment is made 
    on the audit trail described in 2.3.1.12.
        2.3.1.12  Audit Trail. An audit trail in the form of an event 
    logger must be provided to document changes made using adjustable 
    components. The following information must be provided in an 
    electronic form that cannot be changed or erased by the scale 
    operator, can be printed at any time, and can be cleared by the 
    scale manufacturer's representative upon direction by NMFS or by an 
    authorized scale inspector:
        a. The date and time (to the nearest minute) of the change;
        b. The name or type of adjustment being made; and
        c. The initial and final values of the parameter being changed.
        2.3.1.13  Adjustments to Scale Weights. The indicators and 
    printer must be designed so that the scale operator cannot change or 
    adjust the indicated and printed weight values.
        2.3.2  Weighing Elements.
        2.3.2.1  Speed Measurement. A belt scale must be equipped with 
    means to accurately sense the belt travel and/or speed whether the 
    belt is loaded or empty.
        2.3.2.2  Conveyer Belt. The weight per unit length of the 
    conveyor belt must be practically constant. Belt joints must be such 
    that there are no significant effects on the weighing results.
        2.3.2.3  Overload Protection. The load receiver must be equipped 
    with means so that an overload of 150 percent or more of the 
    capacity does not affect the metrological characteristics of the 
    scale.
        2.3.2.4  Speed Control. The speed of the belt must not vary by 
    more than 5 percent of the nominal speed.
        2.3.2.5  Adjustable Components. An adjustable component that can 
    affect the performance of the belt scale must be held securely in 
    position and must not be capable of adjustment without breaking a 
    security means.
        2.3.2.6  Motion Compensation. A belt scale must be equipped with 
    automatic means to compensate for the motion of a vessel at sea so 
    that the weight values indicated are within the MPEs. Such means 
    shall be a reference load cell and a reference mass weight or other 
    equally effective means. When equivalent means are utilized, the 
    manufacturer must provide NMFS with information demonstrating that 
    the scale can weigh accurately at sea.
        2.3.3  Installation Conditions. A belt scale must be rigidly 
    installed in a level condition.
        2.3.4  Marking. A belt scale must be marked with the--
        a. Name, initials, or trademark of the manufacturer or 
    distributer;
        b. Model designation;
        c. Non-repetitive serial number;
        d. Maximum flow rate (Qmax);
        e. Minimum flow rate (Qmin);
        f. Minimum totalized load (min);
        g. Value of a scale division (d);
        h. Belt speed;
        i. Weigh length;
        j. Maximum capacity (Max);
        k. Temperature range (if applicable); and
        l. Mains voltage.
        2.3.4.1  Presentation. The markings must be reasonably permanent 
    and of such size, shape, and clarity to provide easy reading in 
    normal conditions of use. They must be grouped together in a place 
    visible to the operator.
        2.4  Tests.
        2.4.1  Minimum Test Load. The minimum test load must be the 
    greater of--
        a. 2 percent of the load totalized in 1 hour at the maximum flow 
    rate;
        b. The load obtained at maximum flow rate in one revolution of 
    the belt; or
        c. A load equal to 800 scale divisions.
        2.4.2  Laboratory Tests.
        2.4.2.1  Influence Quantity and Disturbance Tests. Tests must be 
    conducted according to annex A and the results of these tests must 
    be within the values specified in section 2.2.1.1.
        2.4.2.2  Zero-Load Tests. A zero-load test must be conducted for 
    a time equal to that required to deliver the minimum totalized load 
    (``min). At least two zero-load tests must be conducted prior to a 
    material test. The results of these tests must be within the values 
    specified in section 2.2.1.2.
        2.4.2.3  Material Tests. At least one material test must be 
    conducted with the weight of the material or simulated material 
    equal to or greater than the minimum test load. The results of these 
    tests must be within the values specified in section 2.2.1.3.
        2.4.3  Annual Inspections.
        2.4.3.1  Zero-Load Tests. A zero-load test must be conducted for 
    a time equal to that required to deliver the minimum totalized load 
    (min). At least one zero-load test must be conducted prior 
    to each material test. The results of this test must be within the 
    values specified in section 2.2.1.2.
        2.4.3.2  Material Tests. At least one material or simulated 
    material test must be conducted with the weight of the material or 
    simulated material equal to or greater than the minimum test load. 
    The results of these tests must be within the values specified in 
    section 2.2.1.3.
        3. Automatic Hopper Scales
        3.1  Applicability. The requirements in this section apply to a 
    scale or scale system that is designed for automatic weighing of a 
    bulk commodity in predetermined amounts.
        3.2  Performance Requirements.
        3.2.1  Maximum Permissible Errors. For laboratory tests of a 
    scale and initial inspection and annual reinspections of an 
    installed scale when the vessel is tied up at a dock and is not 
    under power at sea, the following MPEs are specified:
        3.2.1.1  Laboratory Tests. See annex A to appendix A for 
    procedures for disturbance test and influence factors.
        a. Disturbances. Significant fault (sf) (scale 
    division).
        b. Influence Factors. 1 percent of test load.
        3.2.1.2  Increasing and Decreasing Load Tests. For increasing 
    and decreasing load tests conducted in a laboratory or on a scale 
    installed on a vessel tied up at a dock and not under power at sea, 
    1.0 percent of the test load.
        3.2.2  Minimum Weighment (min). The minimum weighment 
    must not be less than 20 percent of the weighing capacity, or a load 
    equal to 100 scale intervals (d), except for the final weighment of 
    a lot.
        3.2.3  Minimum Totalized Load (Lot). The minimum totalized load 
    must not be less than 4 weighments.
        3.2.4  Influence Quantities. The following requirements apply to 
    influence factor tests conducted in the laboratory:
        3.2.4.1  Temperature. A hopper scale must comply with the 
    metrological and technical requirements at temperatures from -
    10 deg. C to +40 deg. C. However, for special applications the 
    temperature range may be different, but the range must not be less 
    than 30 deg. C and must be so specified on the scale's descriptive 
    markings.
        3.2.4.1.1  Operating Temperature. A hopper scale must not 
    display or print any usable weight values until the operating 
    temperature necessary for accurate weighing and a stable zero-
    balance condition have been attained.
        3.2.4.2  Power Supply. A hopper scale must comply with the 
    performance and technical requirements when operated within -15 
    percent to +10 percent of the power supply specified on the scale's 
    descriptive markings.
        3.3  Technical Requirements.
        3.3.1  Indicators and Printers.
        3.3.1.1  General. a. A hopper scale must be equipped with an 
    indicator and printer that indicates and prints the weight of each 
    load and a no-load reference value; and a printer that prints the 
    total weight of fish in each haul or set and the total cumulative 
    weight of all fish and other material weighed on the scale between 
    annual inspections (``the cumulative weight''). The indications and 
    printed information must be clear, definite, accurate, and easily 
    read under all conditions of normal operation of the hopper scale.
        b. A no-load reference value may be a positive or negative value 
    in terms of scale divisions or zero. When the no-load reference 
    value is zero, the scale must return to a zero indication (within 
     0.5 scale division) when the load receptor (hopper) is 
    empty following the discharge of all loads, without the intervention 
    of either automatic or manual means.
        3.3.1.2  Values Defined. If indications or printed 
    representations are intended to have specific values, these must be 
    defined by a sufficient number of figures, words, or symbols, 
    uniformly placed with reference to the indications or printed 
    representations and as close as practicable to the indications or 
    printed representations but not so positioned as to interfere with 
    the accuracy of reading.
        3.3.1.3  Units. The weight of each haul or set must be indicated 
    in kilograms, and the cumulative weight must be indicated in either 
    kilograms or metric tons and decimal subdivisions.
        3.3.1.4  Value of the Scale Division. The value of the scale 
    division (d) expressed in a unit of weight must be equal to 1, 2, or 
    5, or a decimal multiple or sub-multiple of 1, 2, or 5.
        3.3.1.5  Weighing Sequence. For hopper scales used to receive 
    (weigh in), the no-load
    
    [[Page 5848]]
    
    reference value must be determined and printed only at the beginning 
    of each weighing cycle. For hopper scales used to deliver (weigh 
    out), the no-load reference value must be determined and printed 
    only after the gross-load weight value for each weighing cycle has 
    been indicated and printed.
        3.3.1.6  Printing Sequence. Provision must be made so that all 
    weight values are indicated until the completion of the printing of 
    the indicated values.
        3.3.1.7  Printed Information. The information printed must 
    include--
        a. For catch weight:
        i. The vessel name;
        ii. The Federal fisheries or processor permit number of the 
    vessel;
        iii. The haul or set number;
        iv. The month, day, year, and time (to the nearest minute) 
    weighing catch from the haul or set started;
        v. The month, day, year, and time (to the nearest minute) 
    weighing catch from the haul or set ended;
        vi. The total weight of catch in each haul or set;
        vii. The total cumulative weight of all fish or other material 
    weighed on the scale; and
        viii. The date and time the information is printed.
        b. For the audit trail:
        i. The vessel name;
        ii. The Federal fisheries or processor permit number of the 
    vessel;
        iii. The date and time (to the nearest minute) of the change;
        iv. The name or type of adjustment being made; and
        v. The initial and final values of the parameter being changed.
        3.3.1.8  Permanence of Markings. All required indications, 
    markings, and instructions must be distinct and easily readable and 
    must be of such character that they will not tend to become 
    obliterated or illegible.
        3.3.1.9  Range of Indication. The range of the weight 
    indications and printed values for each haul or set must be from 0 
    kg to 999,999 kg and for the cumulative weight must be from 0 to 
    99,999 metric tons.
        3.3.1.10  Non-Resettable Values. The cumulative weight must not 
    be resettable to zero without breaking a security means and must be 
    reset only upon direction by NMFS or by an authorized scale 
    inspector.
        3.3.1.11  Power Loss. In the event of a power failure, means 
    must be provided to retain in a memory the weight of fish in each 
    haul or set for which a printed record has not yet been made, the 
    cumulative weight, and the information on the audit trail described 
    in 3.3.1.13.
        3.3.1.12  Adjustable Components. An adjustable component that, 
    when adjusted, affects the performance or accuracy of the scale must 
    not be capable of adjustment without breaking a security means, 
    unless a record of the adjustment is made on the audit trail 
    described in 3.3.1.13.
        3.3.1.13  Audit Trail. An audit trail in the form of an event 
    logger must be provided to document changes made using adjustable 
    components. The following information must be provided in an 
    electronic form that cannot be changed or erased by the scale 
    operator, can be printed at any time, and can be cleared by the 
    scale manufacturer's representative upon direction of NMFS or by an 
    authorized scale inspector:
        a. The date and time (to the nearest minute) of the change;
        b. The name or type of adjustment being made; and
        c. The initial and final values of the parameter being changed.
        3.3.1.14  Zero-Load Adjustment. A hopper scale must be equipped 
    with a manual or semi-automatic means that can be used to adjust the 
    zero-load balance or no-load reference value.
        3.3.1.14.1  Manual. A manual means must be operable or 
    accessible only by a tool outside of, or entirely separate from, 
    this mechanism or enclosed in a cabinet.
        3.3.1.14.2  Semi-Automatic. A semi-automatic means must be 
    operable only when the indication is stable within 1 
    scale division and cannot be operated during a weighing cycle 
    (operation).
        3.3.1.15  Damping Means. A hopper scale must be equipped with 
    effective automatic means to bring the indications quickly to a 
    readable stable equilibrium. Effective automatic means must also be 
    provided to permit the recording of weight values only when the 
    indication is stable within plus or minus one scale division.
        3.3.1.16  Adjustments to Scale Weights. The indicators and 
    printer must be designed so that the scale operator cannot change or 
    adjust the indicated and printed weight values.
        3.3.2  Interlocks and Gate Control. A hopper scale must have 
    operating interlocks so that--
        a. Product cannot be weighed if the printer is disconnected or 
    subject to a power loss;
        b. The printer cannot print a weight if either of the gates 
    leading to or from the weigh hopper is open;
        c. The low paper sensor of the printer is activated;
        d. The system will operate only in the sequence intended; and
        e. If the overfill sensor is activated, this condition is 
    indicated to the operator and is printed.
        3.3.3  Overfill Sensor. The weigh hopper must be equipped with 
    an overfill sensor that will cause the feed gate to close, activate 
    an alarm, and stop the weighing operation until the overfill 
    condition has been corrected.
        3.3.4  Weighing Elements.
        3.3.4.1  Overload Protection. The weigh hopper must be equipped 
    with means so that an overload of 150 percent or more of the 
    capacity of the hopper does not affect the metrological 
    characteristics of the scale.
        3.3.4.2  Adjustable Components. An adjustable component that can 
    affect the performance of the hopper scale must be held securely in 
    position and must not be capable of adjustment without breaking a 
    security means.
        3.3.4.3  Motion Compensation. A hopper scale must be equipped 
    with automatic means to compensate for the motion of a vessel at sea 
    so that the weight values indicated are within the MPEs. Such means 
    shall be a reference load cell and a reference mass weight or other 
    equally effective means. When equivalent means are utilized, the 
    manufacturer must provide NMFS with information demonstrating that 
    the scale can weigh accurately at sea.
        3.3.5  Installation Conditions. A hopper scale must be rigidly 
    installed in a level condition.
        3.3.6  Marking. A hopper scale must be marked with the 
    following:
        a. Name, initials, or trademark of the manufacturer or 
    distributer;
        b. Model designation;
        c. Non-repetitive serial number;
        d. Maximum capacity (Max);
        e. Minimum capacity (min);
        f. Minimum totalized load (min);
        g. Minimum weighment;
        h. Value of the scale division (d);
        i. Temperature range (if applicable); and
        j. Mains voltage.
        3.3.6.1  Presentation. Descriptive markings must be reasonably 
    permanent and grouped together in a place visible to the operator.
        3.4  Tests.
        3.4.1  Standards. The error of the standards used must not 
    exceed 25 percent of the MPE to be applied.
        3.4.2  Laboratory Tests.
        3.4.2.1  Influence Quantity and Disturbance Tests. Tests must be 
    conducted according to annex A and the results of these tests must 
    be within the values specified in section 3.2.1.1.
        3.4.2.2  Performance Tests. Performance tests must be conducted 
    as follows:
        a. Increasing load test. At least five increasing load tests 
    must be conducted with test loads at the minimum load, at a load 
    near capacity, and at 2 or more critical points in between; and
        b. Decreasing load test. A decreasing load test must be 
    conducted with a test load approximately equal to one-half capacity 
    when removing the test loads of an increasing load test.
        3.4.3  Annual Inspections.
        At least two increasing load tests and two decreasing load tests 
    must be conducted as specified in 3.4.2.2. Additionally, tests must 
    be conducted with test loads approximately equal to the weight of 
    loads at which the scale is normally used.
    
    4. Platform Scales and Hanging Scales
    
        4.1  Applicability. The requirements in this section apply to 
    platform and hanging scales used to weigh total catch. Platform 
    scales used only as observer sampling scales or to determine the 
    known weight of fish for a material test of another scale are not 
    required to have a printer under sections 4.3.1 and 4.3.1.5 or an 
    audit trail under section 4.3.1.8.
        4.2  Performance Requirements.
        4.2.1  Maximum Permissible Errors. For laboratory tests of a 
    scale and initial inspection and annual reinspections of an 
    installed scale while the vessel is tied up at a dock and is not 
    under power at sea, the following MPEs are specified:
        4.2.1.1  Laboratory Tests. See annex A to this appendix A for 
    procedures for disturbance tests and influence factors.
    
    [[Page 5849]]
    
        a. Disturbances. Significant fault (1 scale 
    division); and
        b. Influence Factors. See Table 1 in section 4.2.1.2.
        4.2.1.2  Increasing and Decreasing Load and Shift Tests. 
    Increasing and decreasing load and shift tests conducted in a 
    laboratory or on a scale installed on a vessel while the vessel is 
    tied up at a dock and is not under power at sea, see Table 1 as 
    follows:
    
                           Table 1.--Influence Factors                      
    ------------------------------------------------------------------------
                  Test load in scale divisions (d)                 Maximum  
    ------------------------------------------------------------ permissible
               Class III \1\                   Class IIII         error (d) 
    ------------------------------------------------------------------------
    0 < m\2\=""> 500...........  0 < m=""> 50..         0.5 
    500 < m=""> 2000...........  50 < m=""> 200         1.0 
    2000 < m...........................="" 200="">< m...............="" 1.5="" ------------------------------------------------------------------------="" \1\="" scale="" accuracy="" classes="" are="" defined="" in="" section="" 4.2.2,="" table="" 2.="" \2\="" mass="" or="" weight="" of="" the="" test="" load="" in="" scale="" divisions.="" 4.2.2="" accuracy="" classes.="" scales="" are="" divided="" into="" two="" accuracy="" classes,="" class="" iii="" and="" class="" iiii.="" the="" accuracy="" class="" of="" a="" scale="" is="" designated="" by="" the="" manufacturer.="" the="" design="" of="" each="" accuracy="" class="" with="" respect="" to="" number="" of="" scale="" divisions="" (n)="" and="" the="" value="" of="" the="" scale="" division="" (d)="" is="" specified="" according="" to="" table="" 2:="" table="" 2.--accuracy="" classes="" ------------------------------------------------------------------------="" number="" of="" scale="" value="" of="" scale="" division="" divisions="" (n)="" accuracy="" class="" (d)="" ---------------------="" minimum="" maximum="" ------------------------------------------------------------------------="" iii...................="" 5="" g="" or="" greater="" 500="" 10,000="" iiii..................="" 5="" g="" or="" greater="" 100="" 1,000="" ------------------------------------------------------------------------="" 4.2.3="" minimum="" load:="" for="" a="" class="" iii="" scale,="" 20d;="" for="" a="" class="" iiii="" scale,="" 10d.="" 4.2.4="" influence="" quantities.="" the="" following="" requirements="" apply="" to="" influence="" factor="" tests="" conducted="" in="" the="" laboratory.="" 4.2.4.1="" temperature.="" a="" scale="" must="" comply="" with="" the="" performance="" and="" technical="" requirements="" at="" temperatures="" from="" -10="" deg.="" c="" to="" +40="" deg.="" c.="" however,="" for="" special="" applications="" the="" temperature="" range="" may="" be="" different,="" but="" the="" range="" must="" not="" be="" less="" than="" 30="" deg.="" c="" and="" must="" be="" so="" specified="" on="" the="" descriptive="" markings.="" 4.2.4.1.1="" operating="" temperature.="" a="" scale="" must="" not="" display="" or="" print="" any="" usable="" weight="" values="" until="" the="" operating="" temperature="" necessary="" for="" accurate="" weighing="" and="" a="" stable="" zero-balance="" condition="" have="" been="" attained.="" 4.2.4.2="" power="" supply.="" a="" scale="" must="" comply="" with="" the="" performance="" and="" technical="" requirements="" when="" operated="" within="" -15="" percent="" to="" +10="" percent="" of="" the="" power="" supply="" specified="" on="" the="" scale's="" descriptive="" markings.="" 4.3="" technical="" requirements.="" 4.3.1="" indicators="" and="" printers.="" 4.3.1.1="" general.="" a="" scale="" must="" be="" equipped="" with="" an="" indicator="" and="" a="" printer.="" the="" indications="" and="" printed="" information="" must="" be="" clear,="" definite,="" accurate,="" and="" easily="" read="" under="" all="" conditions="" of="" normal="" operation="" of="" the="" scale.="" 4.3.1.2="" values="" defined.="" if="" indications="" or="" printed="" representations="" are="" intended="" to="" have="" specific="" values,="" these="" must="" be="" defined="" by="" a="" sufficient="" number="" of="" figures,="" words,="" or="" symbols,="" uniformly="" placed="" with="" reference="" to="" the="" indications="" or="" printed="" representations="" and="" as="" close="" as="" practicable="" to="" the="" indications="" or="" printed="" representations="" but="" not="" so="" positioned="" as="" to="" interfere="" with="" the="" accuracy="" of="" reading.="" 4.3.1.3="" units.="" the="" weight="" units="" indicated="" must="" be="" in="" terms="" of="" kilograms="" and="" decimal="" subdivisions.="" 4.3.1.4="" value="" of="" the="" scale="" division.="" the="" value="" of="" the="" scale="" division="" (d)="" expressed="" in="" a="" unit="" of="" weight="" must="" be="" equal="" to="" 1,="" 2,="" or="" 5,="" or="" a="" decimal="" multiple="" or="" sub-multiple="" of="" 1,="" 2,="" or="" 5.="" 4.3.1.5="" printed="" information.="" the="" information="" printed="" must="" include--="" a.="" for="" catch="" weight:="" i.="" the="" vessel="" name;="" ii.="" the="" federal="" fisheries="" or="" processor="" permit="" number="" of="" the="" vessel;="" iii.="" the="" haul="" or="" set="" number;="" iv.="" the="" month,="" day,="" year,="" and="" time="" (to="" the="" nearest="" minute)="" of="" weighing;="" and="" v.="" net="" weight="" of="" the="" fish.="" b.="" for="" the="" audit="" trail:="" i.="" the="" vessel="" name;="" ii.="" the="" federal="" fisheries="" or="" processor="" permit="" number="" of="" the="" vessel;="" iii.="" the="" date="" and="" time="" (to="" the="" nearest="" minute)="" of="" the="" change;="" iv.="" the="" name="" or="" type="" of="" adjustment="" being="" made;="" and="" v.="" the="" initial="" and="" final="" values="" of="" the="" parameter="" being="" changed.="" 4.3.1.6="" permanence="" of="" markings.="" all="" required="" indications,="" markings,="" and="" instructions="" must="" be="" distinct="" and="" easily="" readable="" and="" must="" be="" of="" such="" character="" that="" they="" will="" not="" tend="" to="" become="" obliterated="" or="" illegible.="" 4.3.1.7="" power="" loss.="" in="" the="" event="" of="" a="" power="" failure,="" means="" must="" be="" provided="" to="" retain="" in="" a="" memory="" the="" weight="" of="" the="" last="" weighment="" if="" it="" is="" a="" non-repeatable="" weighment.="" 4.3.1.8="" adjustable="" components.="" a.="" an="" adjustable="" component="" that,="" when="" adjusted,="" affects="" the="" performance="" or="" accuracy="" of="" the="" scale="" must="" be="" held="" securely="" in="" position="" and="" must="" not="" be="" capable="" of="" adjustment="" without="" breaking="" a="" security="" means.="" b.="" an="" audit="" trail="" in="" the="" form="" of="" an="" event="" logger="" must="" be="" provided="" to="" document="" changes="" made="" using="" adjustable="" components.="" the="" following="" information="" must="" be="" provided="" in="" an="" electronic="" form="" that="" cannot="" be="" changed="" or="" erased="" by="" the="" scale="" operator,="" can="" be="" printed="" at="" any="" time,="" and="" can="" be="" cleared="" by="" the="" scale="" manufacturer's="" representative="" upon="" direction="" of="" nmfs="" or="" an="" authorized="" scale="" inspector:="" i.="" the="" date="" and="" time="" (to="" the="" nearest="" minute)="" of="" the="" change;="" ii.="" the="" name="" or="" type="" of="" adjustment="" being="" made;="" and="" iii.="" the="" initial="" and="" final="" values="" of="" the="" parameter="" being="" changed.="" 4.3.1.9="" zero-load="" adjustment.="" a="" scale="" must="" be="" equipped="" with="" a="" manual="" or="" semi-automatic="" means="" that="" can="" be="" used="" to="" adjust="" the="" zero-="" load="" balance="" or="" no-load="" reference="" value.="" 4.3.1.9.1="" manual.="" a="" manual="" means="" must="" be="" operable="" or="" accessible="" only="" by="" a="" tool="" outside="" of="" or="" entirely="" separate="" from="" this="" mechanism="" or="" enclosed="" in="" a="" cabinet.="" 4.3.1.9.2="" semi-automatic.="" a="" semi-automatic="" means="" must="" meet="" the="" provisions="" of="" 4.3.1.8="" or="" must="" be="" operable="" only="" when="" the="" indication="" is="" stable="" within="">1 scale division and cannot be operated 
    during a weighing cycle (operation).
        4.3.1.10  Damping Means. A scale must be equipped with effective 
    automatic means to bring the indications quickly to a readable 
    stable equilibrium. Effective automatic means must also be provided 
    to permit the recording of weight values only when the indication is 
    stable within plus or minus one scale division.
        4.3.2  Weighing Elements.
        4.3.2.1  Overload Protection. The scale must be so designed that 
    an overload of 150 percent or more of the capacity does not affect 
    the metrological characteristics of the scale.
        4.3.2.2  Adjustable Components. An adjustable component that can 
    affect the performance of the scale must be held securely in 
    position and must not be capable of adjustment without breaking a 
    security means.
        4.3.2.3  Motion Compensation. A platform scale must be equipped 
    with automatic means to compensate for the motion of a vessel at sea 
    so that the weight values indicated are within the MPEs. Such means 
    shall be a reference load cell and a reference mass weight or other 
    equally effective means. When equivalent means are utilized, the 
    manufacturer must provide NMFS with information demonstrating that 
    the scale can weigh accurately at sea.
        4.3.3  Installation Conditions. A platform scale must be rigidly 
    installed in a level condition. When in use, a hanging scale must be 
    freely suspended from a fixed support or a crane.
        4.3.4  Marking. A scale must be marked with the following:
        a. Name, initials, or trademark of the manufacturer or 
    distributor;
        b. Model designation;
        c. Non-repetitive serial number;
        d. Accuracy class (III or IIII);
        e. Maximum capacity (Max);
        f. Minimum capacity (min);
        g. Value of a scale division (d);
        h. Temperature range (if applicable); and
        i. Mains voltage.
        4.3.4.1  Presentation. Descriptive markings must be reasonably 
    permanent and grouped together in a place visible to the operator.
        4.4 Tests.
        4.4.1  Standards. The error of the standards used must not 
    exceed 25 percent of the MPE applied.
        4.4.2  Laboratory Tests.
        4.4.2.1  Influence Quantities and Disturbance Tests. Tests must 
    be conducted according to annex A to this appendix A, and the 
    results of these tests must be within the values specified in 
    section 4.2.1.1.
        4.4.2.2  Performance Tests. Performance tests must be conducted 
    as follows:
        a. Increasing load test. At least five increasing load tests 
    must be conducted with
    
    [[Page 5850]]
    
    test loads at the minimum load, at a load near capacity, and at 2 or 
    more critical points in between.
        b. Shift test (platform scales only). A shift test must be 
    conducted during the increasing load test at one-third capacity test 
    load centered in each quadrant of the platform.
        c. Decreasing load test. A decreasing load test must be 
    conducted with a test load approximately equal to one-half capacity 
    when removing the test loads of an increasing load test.
        4.4.3  Annual Scale Inspections.
        At least two increasing load tests, shift tests, and decreasing 
    load tests must be conducted as specified in section 4.4.2.2. 
    Additionally tests must be conducted with test loads approximately 
    equal to the weight of loads at which the scale is normally used. 
    The results of all tests must be as specified in Table 1 in section 
    4.2.1.2.
    
    5. Definitions
    
        Adjustable component--Any component that, when adjusted, affects 
    the performance or accuracy of the scale, e.g., span adjustment or 
    automatic zero-setting means. Manual or semi-automatic zero-setting 
    means are not considered adjustable components.
        Audit trail--An electronic count and/or information record of 
    the changes to the values of the calibration or configuration 
    parameters of a scale.
        Automatic hopper scale--A hopper scale adapted to the automatic 
    weighing of a bulk commodity (fish) in predetermined amounts. 
    Capacities vary from 20 kg to 50 mt. It is generally equipped with a 
    control panel, with functions to be set by an operator, including 
    the start of an automatic operation. (See definition of hopper 
    scale).
        Belt scale--A scale that employs a conveyor belt in contact with 
    a weighing element to determine the weight of a bulk commodity being 
    conveyed. It is generally a part of a system consisting of an input 
    conveyor, the flow scale, and an output conveyor. The conveyor belt 
    may be constructed of various materials, including vulcanized 
    rubber, canvas, and plastic. The capacity is generally specified in 
    terms of the amount of weight that can be determined in a specified 
    time, and can vary from, for example, 1 ton per hour to 100 or more 
    tons per hour. An operator generally directs the flow of product 
    onto the input conveyor.
        Calibration mode--A means by which the span of a scale can be 
    adjusted by placing a known ``test weight'' on the scale and 
    manually operating a key on a key board.
        Disturbances--An influence that may occur during the use of a 
    scale but is not within the rated operating conditions of the scale.
        Event logger--A form of audit trail containing a series of 
    records where each record contains the identification of the 
    parameter that was changed, the time and date when the parameter was 
    changed, and the new value of the parameter.
        Final weighment--The last partial load weighed on a hopper scale 
    that is part of the weight of many loads.
        Hanging scale--A scale that is designed to weigh a load that is 
    freely suspended from an overhead crane or it may be permanently 
    installed in an overhead position. The load receiver may be a part 
    of the scale such as a pan suspended on chains, or simply a hook 
    that is used to ``pick-up'' the container of the commodity to be 
    weighed. The technology employed may be mechanical, electro-
    mechanical, or electronic. The loads can be applied either manually 
    or by such means as a crane.
        Hopper scale--A scale designed for weighing individual loads of 
    a bulk commodity (fish). The load receiver is a cylindrical or 
    rectangular container mounted on a weighing element. The weighing 
    element may be mechanical levers, a combination of levers and a load 
    cell, or all load cells. The capacity can vary from less than 20 kg 
    to greater than 50 mt. The loads are applied from a bulk source by 
    such means as a conveyor or storage hopper. Each step of the 
    weighing process, that is the loading and unloading of the weigh 
    hopper, is controlled by an operator.
        Indicator--That part of a scale that indicates the quantity that 
    is being weighed.
        Influence factor--A value of an influence quantity, e.g., 
    10 deg., that specifies the limits of the rated operating conditions 
    of the scale.
        Influence quantity--A quantity that is not the subject of the 
    measurement but which influences the measurement obtained within the 
    rated operating conditions of the scale.
        Influence quantity and disturbance tests--Tests conducted in a 
    laboratory to determine the capability of the scale under test to 
    perform correctly in the environmental influences in which they are 
    used and when subjected to certain disturbances that may occur 
    during the use of the scale.
        Initial verification--The first evaluation (inspection and test) 
    of a production model of a weighing instrument that has been type 
    evaluated to determine that the production model is consistent with 
    the model that had been submitted for type evaluation.
        Known weight test--A test in which the load applied is a test 
    weight with a known value simulating the weight of the material that 
    is usually weighed.
        Load receiver--That part of the scale in which the quantity is 
    placed when being weighed.
        Material test--A test using a material that is the same or 
    similar to the material that is usually weighed, the weight of which 
    has been determined by a scale other than the scale under test.
        Maximum flow-rate--The maximum flow-rate of material specified 
    by the manufacturer at which a belt scale can perform correctly.
        Minimum flow-rate--The minimum flow-rate specified by the 
    manufacturer at which a belt scale can perform correctly.
        Minimum load--The smallest weight load that can be determined by 
    the scale that is considered to be metrologically acceptable.
        Minimum totalized load--The smallest weight load that can be 
    determined by a belt scale that is considered to be metrologically 
    acceptable.
        Minimum weighment--The smallest weight that can be determined by 
    a hopper scale that is considered to be metrologically acceptable.
        Motion compensation--The means used to compensate for the motion 
    of the vessel at sea.
        No-load reference value--A weight value obtained by a hopper 
    scale when the load receiver (hopper) is empty of the product that 
    was or is to be weighed.
        Non-repeatable weighment--A process where the product after 
    being weighed is disposed of in such a manner that it cannot be 
    retrieved to be reweighed.
        Number of scale divisions (n)--The number of scale divisions of 
    a scale in normal operation. It is the quotient of the scale 
    capacity divided by the value of the scale division. n=Max/d
        Performance requirements--A part of the regulations or standards 
    that applies to the weighing performance of a scale, e.g., MPEs.
        Performance test--A test conducted to determine that the scale 
    is performing within the MPE applicable.
        Periodic verification--A verification of a weighing instrument 
    at an interval that is specified by regulation or administrative 
    ruling.
        Platform scale--A scale by the nature of its physical size, 
    arrangement of parts, and relatively small capacity (generally 220 
    kg or less) that is adapted for use on a bench or counter or on the 
    floor. A platform scale can be self contained, that is, the 
    indicator and load receiver and weighing elements are all comprised 
    of a single unit, or the indicator can be connected by cable to a 
    separate load receiver and weighing element. The technology used may 
    be mechanical, electro-mechanical, or electronic. Loads are applied 
    manually.
        Rated capacity--The maximum flow-rate in terms of weight per 
    unit time specified by the manufacturer at which a belt scale can 
    perform correctly.
        Scale division (d)--The smallest digital subdivision in units of 
    mass that is indicated by the weighing instrument in normal 
    operation.
        Sealing--A method used to prevent the adjustment of certain 
    operational characteristics or to indicate that adjustments have 
    been made to those operational characteristics.
        Security seals or means--A physical seal such as a lead and wire 
    seal that must be broken in order to change the operating or 
    performance characteristics of the scale.
        Significant fault--An error greater than the value specified for 
    a particular scale. For a belt scale: A fault greater than 0.18 
    percent of the weight value equal to the minimum totalized load. For 
    all other scales: 1 scale division (d). A significant fault does not 
    include faults that result from simultaneous and mutually 
    independent causes in the belt scale; faults that imply the 
    impossibility of performing any measurement; transitory faults that 
    are momentary variations in the indications that cannot be 
    interpreted, memorized, or transmitted as a measurement result; 
    faults so serious that they will inevitably be noticed by those 
    interested in the measurement.
        Simulated material test--A test in which the load applied is 
    test material simulating the weight of the material that is usually 
    weighed.
    
    [[Page 5851]]
    
        Simulated test--A test in which the weight indications are 
    developed by means other than weight, e.g., a load cell simulator.
        Stationary installation--An installation of a scale in a 
    facility on land or a vessel that is tied-up to a dock or in dry 
    dock.
        Subsequent verification--Any evaluation of a weighing instrument 
    following the initial verification.
        Suitability for use--A judgement that must be made that certain 
    scales by nature of their design are appropriate for given weighing 
    applications.
        Technical requirements--A part of the regulations or standards 
    that applies to the operational functions and characteristics of a 
    scale, e.g., capacity, scale division, tare.
        Testing laboratory--A facility for conducting type evaluation 
    examinations of a scale that can establish its competency and 
    proficiency by such means as ISO Guide 25, ISO 9000, EN 45011, 
    NVLAP, NTEP.
        Type evaluation--A process for evaluating the compliance of a 
    weighing instrument with the appropriate standard or regulation.
        User requirements--A part of the regulations or standards that 
    applies to the operator/owner of the scale.
        Weighment--A single complete weighing operation.
    
    Annex A to Appendix A to Part 679--Influence Quantity and Disturbance 
    Tests
    
        A.1  General--Included in this annex are tests that are intended 
    to ensure that electronic scales can perform and function as 
    intended in the environment and under the conditions specified. Each 
    test indicates, where appropriate, the reference condition under 
    which the intrinsic error is determined.
        A.2  Test Considerations
        A.2.1  All electronic scales of the same category must be 
    subjected to the same performance test program.
        A.2.2  Tests must be carried out on fully operational equipment 
    in its normal operational state. When equipment is connected in 
    other than a normal configuration, the procedure must be mutually 
    agreed to by NMFS and the applicant.
        A.2.3  When the effect of one factor is being evaluated, all 
    other factors must be held relatively constant, at a value close to 
    normal. The temperature is deemed to be relatively constant when the 
    difference between the extreme temperatures noted during the test 
    does not exceed 5 deg. C and the variation over time does not exceed 
    5 deg. C per hour.
        A.2.4 Before the start of a test, the equipment under test (EUT) 
    must be energized for a period of time at least equal to the warm-up 
    time specified by the manufacturer. The EUT must remain energized 
    throughout the duration of the test.
        A.3  Tests
    
    ------------------------------------------------------------------------
                                         Characteristics       Conditions   
                   Test                    under test           applied     
    ------------------------------------------------------------------------
    A.3.1  Static temperatures.......  Influence factor..  MPE              
    A.3.2  Damp heat, steady state...  Influence factor..  MPE              
    A.3.3  Power voltage variation...  Influence factor..  MPE              
    A.3.4  Short time power reduction  Disturbance.......  sf               
    A.3.5  Bursts....................  Disturbance.......  sf               
    A.3.6  Electrostatic discharge...  Disturbance.......  sf               
    A.3.7  Electromagnetic             Disturbance.......  sf               
     susceptibility.                                                        
    ------------------------------------------------------------------------
    
    A.3  Tests
    
        A.3.1  Static Temperatures
        Test method: Dry heat (non condensing) and cold.
        Object of the test: To verify compliance with the applicable MPE 
    under conditions of high and low temperature.
        Reference to standard: See Bibliography (1).
        Test procedure in brief: The test consists of exposure of the 
    EUT to the high and low temperatures specified in section 2.2.4.1 
    for belt scales, section 3.2.4.1 for automatic hopper scales, and 
    section 4.2.3.1 for platform scales and hanging scales, under ``free 
    air'' condition for a 2-hour period after the EUT has reached 
    temperature stability. The EUT must be tested during a weighing 
    operation consisting of:
        For belt scales--the totalization of the 
    , 2 times each at 
    approximately the minimum flow rate, an intermediate flow rate, and 
    the maximum flow rate.
        For platform, hanging, and automatic hopper scales--tested with 
    at least five different test loads or simulated loads under the 
    following conditions:
        a. At a reference temperature of 20 deg. C following 
    conditioning.
        b. At the specified high temperature, 2 hours after achieving 
    temperature stabilization.
        c. At the specified low temperature, 2 hours after achieving 
    temperature stabilization.
        d. At a temperature of 5 deg. C, 2 hours after achieving 
    temperature stabilization.
        e. After recovery of the EUT at the reference temperature of 
    20 deg. C.
        Test severities: Duration: 2 hours.
        Number of test cycles: At least one cycle.
        Maximum allowable variations:
        a. All functions must operate as designed.
        b. All indications must be within the applicable MPEs.
        Conduct of test: Refer to the International Electrotechnical 
    Commission (IEC) Publications mentioned in section A.4 Bibliography 
    (a) for detailed test procedures.
        Supplementary information to the IEC test procedures.
        Preconditioning: 16 hours.
        Condition of EUT: Normal power supplied and ``on'' for a time 
    period equal to or greater than the warm-up time specified by the 
    manufacturer. Power is to be ``on'' for the duration of the test. 
    Adjust the EUT as close to a zero indication as practicable prior to 
    the test.
    
    Test Sequence:
    
        a. Stabilize the EUT in the chamber at a reference temperature 
    of 20 deg. C. Conduct the tests as specified in the test procedure 
    in brief and record the following data:
        i. Date and time,
        ii. Temperature,
        iii. Relative humidity,
        iv. Test load,
        v. Indication,
        vi. Errors, and
        vii. Functions performance.
        b. Increase the temperature in the chamber to the high 
    temperature specified. Check by measurement that the EUT has reached 
    temperature stability and maintain the temperature for 2 hours. 
    Following the 2 hours, repeat the tests and record the test data 
    indicated in this A.3.1 Test Sequence section.
        c. Reduce the temperature in the chamber as per the IEC 
    procedures to the specified low temperature. After temperature 
    stabilization, allow the EUT to soak for 2 hours. Following the 2 
    hours, repeat the tests and record the test data as indicated in 
    this A.3.1 Test Sequence section.
        d. Raise the temperature in the chamber as per the IEC 
    procedures to 5 deg. C. After temperature stabilization, allow the 
    EUT to soak for 2 hours. Following the 2 hours, repeat the tests and 
    record the test data as indicated in this A.3.1 Test Sequence 
    section. Note: This test relates to a -10 deg. C to +40 deg. C 
    range. For special ranges, it may not be necessary.
        e. Raise the temperature in the chamber as per the IEC 
    procedures and to the 20 deg. C reference temperature. After 
    recovery, repeat the tests and record the test data as indicated in 
    this A.3.1 Test Sequence section.
        A.3.2  Damp Heat, Steady State
        Test method: Damp heat, steady state.
        Object of the test: To verify compliance with the applicable MPE 
    under conditions of high humidity and constant temperature.
        Reference to standard: See section A.4 Bibliography (b)
        Test procedure in brief: The test consists of exposure of the 
    EUT to a constant temperature at the upper limit of the temperature 
    range and of a constant relative humidity of 85 percent for a 2-day 
    period. The EUT must be tested during a weighing operation 
    consisting of the following:
        For belt scales--the totalization of the 
    , 2 times each at 
    approximately the minimum
    
    [[Page 5852]]
    
    flow rate, an intermediate flow rate, and the maximum flow rate.
        For platform, hanging, and automatic hopper scales--tested with 
    at least five different test loads or simulated loads at a reference 
    temperature of 20 deg. C and a relative humidity of 50 percent 
    following conditioning, and at the upper limit temperature and a 
    relative humidity of 85 percent 2 days following temperature and 
    humidity stabilization.
    
    Test severities:
    
        Temperature: upper limit.
        Humidity: 85 percent (non-condensing).
        Duration: 2 days.
        Number of test cycles: At least one test.
    
    Maximum Allowable Variations:
    
        a. All functions must operate as designed.
        b. All indications must be within the applicable MPE.
        Conduct of the test: Refer to the IEC Publications mentioned in 
    section A.4 Bibliography (b) for detailed test procedures.
        Supplementary information to the IEC test procedures.
        Preconditioning: None required.
    
    Condition of EUT:
    
        a. Normal power supplied and ``on'' for a time period equal to 
    or greater than the warm-up time specified by the manufacturer. 
    Power is to be ``on'' for the duration of the test.
        b. The handling of the EUT must be such that no condensation of 
    water occurs on the EUT.
        c. Adjust the EUT as close to a zero indication as practicable 
    prior to the test.
    
    Test Sequence:
    
        a. Allow 3 hours for stabilization of the EUT at a reference 
    temperature of 20 deg. C and a relative humidity of 50 percent. 
    Following stabilization, conduct the tests as specified in the test 
    procedures in brief and record the following data:
        i. Date and time,
        ii. Temperature,
        iii. Relative humidity,
        iv. Test load,
        v. Indication,
        vi. Errors, and
        vii. Functions performance.
        b. Increase the temperature in the chamber to the specified high 
    temperature and a relative humidity of 85 percent. Maintain the EUT 
    at no load for a period of 2 days. Following the 2 days, repeat the 
    tests and record the test data as indicated in this A.3.2 Test 
    Sequence section.
        c. Allow full recovery of the EUT before any other tests are 
    performed.
        A.3.3  Power Voltage Variation
        A.3.3.1  AC Power Supply
        Test method: Variation in AC mains power supply (single phase).
        Object of the test: To verify compliance with the applicable 
    MPEs under conditions of varying AC mains power supply.
        Reference to standard: See section A.4 Bibliography (c).
        Test procedure in brief: The test consists of subjecting the EUT 
    to AC mains power during a weighing operation consisting of the 
    following:
        For belt scales--while totalizing the 
     at the maximum flow 
    rate.
        For platform, hanging, and automatic hopper scales--at no load 
    and a test load between 50 percent and 100 percent of weighing 
    capacity.
        Test severities: Mains voltage:
        Upper limit U (nom) +10 percent.
        Lower limit U (nom) -15 percent.
        Number of test cycles: At least one cycle.
        Maximum allowable variations:
        a. All functions must operate correctly.
        b. All indications must be within MPEs specified in sections 2, 
    3, or 4 of this appendix to part 679.
    
    Conduct of the test:
    
        Preconditioning: None required.
    
    Test equipment:
    
        a. Variable power source,
        b. Calibrated voltmeter, and
        c. Load cell simulator, if applicable.
    
    Condition of EUT:
    
        a. Normal power supplied and ``on'' for a time period equal to 
    or greater than the warm-up time specified by the manufacturer.
        b. Adjust the EUT as close to a zero indication as practicable 
    prior to the test.
    
    Test sequence:
    
        a. Stabilize the power supply at nominal voltage 2 
    percent.
        b. Conduct the tests specified in the test procedure in brief 
    and record the following data:
        i. Date and time,
        ii. Temperature,
        iii. Relative humidity,
        iv. Power supply voltage,
        v. Test load,
        vi. Indications,
        vii. Errors, and
        viii. Functions performance.
        c. Reduce the power supply to -15 percent nominal.
        d. Repeat the test and record the test data as indicated in this 
    A.3.3 Test Sequence section.
        e. Increase the power supply to +10 percent nominal.
        f. Repeat the test and record the test data as indicated in this 
    A.3.3 Test Sequence section.
        g. Unload the EUT and decrease the power supply to nominal power 
    2 percent.
        h. Repeat the test and record the test data as indicated in this 
    A.3.3 Test Sequence section.
        Note: In case of three-phase power supply, the voltage variation 
    must apply for each phase successively. Frequency variation applies 
    to all phases simultaneously.
        A.3.3.2  DC Power Supply
        Under consideration.
        A.3.4  Short Time Power Reduction
        Test method: Short time interruptions and reductions in mains 
    voltage.
        Object of the test: To verify compliance with the applicable 
    significant fault under conditions of short time mains voltage 
    interruptions and reductions.
        Reference to standard: See section A.4 Bibliography (d) IEC 
    Publication 1000-4-11 (1994).
        Test procedure in brief: The test consists of subjecting the EUT 
    to voltage interruptions from nominal voltage to zero voltage for a 
    period equal to 8-10 ms, and from nominal voltage to 50 percent of 
    nominal for a period equal to 16-20 ms. The mains voltage 
    interruptions and reductions must be repeated ten times with a time 
    interval of at least 10 seconds. This test is conducted during a 
    weighing operation consisting of the following:
        For belt scales--while totalizing at the maximum flow rate at 
    least the  (or a time 
    sufficient to complete the test).
        For platform, hanging, and automatic hopper scales--tested with 
    one small test load or simulated load.
        Test severities: One hundred percent voltage interruption for a 
    period equal to 8-10 ms. Fifty percent voltage reduction for a 
    period equal to 16-20 ms.
        Number of test cycles: Ten tests with a minimum of 10 seconds 
    between tests.
        Maximum allowable variations: The difference between the weight 
    indication due to the disturbance and the indication without the 
    disturbance either must not exceed 1d or the EUT must detect and act 
    upon a significant fault.
    
    Conduct of the Test:
    
        Preconditioning: None required.
    
    Test equipment:
    
        a. A test generator suitable to reduce the amplitude of the AC 
    voltage from the mains. The test generator must be adjusted before 
    connecting the EUT.
        b. Load cell simulator, if applicable.
    
    Condition of EUT:
    
        a. Normal power supplied and ``on'' for a time period equal to 
    or greater than the warm-up time specified by the manufacturer.
        b. Adjust the EUT as close to zero indication as practicable 
    prior to the test.
    
    Test sequence:
    
        a. Stabilize all factors at nominal reference conditions.
        b. Totalize as indicated in this A.3.4 Test Sequence section and 
    record the--
        i. Date and time,
        ii. Temperature,
        iii. Relative humidity,
        iv. Power supply voltage,
        v. Test load,
        vi. Indications,
        vii. Errors, and
        viii. Functions performance.
        c. Interrupt the power supply to zero voltage for a period equal 
    to 8-10 ms. During interruption observe the effect on the EUT and 
    record, as appropriate.
        d. Repeat the steps four times in this A.3.4 Test Sequence 
    section, making sure that there is a 10 second interval between 
    repetitions. Observe the effect on the EUT.
        e. Reduce the power supply to 50 percent of nominal voltage for 
    a period equal to 16-20 ms. During reduction observe the effect on 
    the EUT and record, as appropriate.
        f. Repeat the steps four times in this A.3.4 Test Sequence 
    section, making sure that there is a 10 second interval between 
    repetitions. Observe the effect on the EUT.
        A.3.5  Bursts
    
    [[Page 5853]]
    
        Test method: Electrical bursts.
        Object of the test: To verify compliance with the provisions in 
    this manual under conditions where electrical bursts are 
    superimposed on the mains voltage.
        Reference to standard: See section A.4 Bibliography (e)
    
    Test Procedure in brief:
    
        The test consists of subjecting the EUT to bursts of double 
    exponential wave-form transient voltages. Each spike must have a 
    rise in time of 5 ns and a half amplitude duration of 50 ns. The 
    burst length must be 15 ms, the burst period (repetition time 
    interval) must be 300 ms. This test is conducted during a weighing 
    operation consisting of the following:
        For belt scales--while totalizing at the maximum flow rate at 
    least the min (or a time sufficient to complete 
    the test).
        For platform, hanging, and automatic hopper scales--tested with 
    one small test load or simulated load.
        Test severities: Amplitude (peak value) 1000 V.
        Number of test cycles: At least 10 positive and 10 negative 
    randomly phased bursts must be applied at 1000 V.
        Maximum allowable variations: The difference between the 
    indication due to the disturbance and the indication without the 
    disturbance either must not exceed the values given in sections 
    2.2.1.1b., 3.2.1.1b., and 4.2.1.1b, of this appendix, or the EUT 
    must detect and act upon a significant fault.
        Conduct of the test: Refer to the IEC Publication referenced in 
    section A.4 Bibliography (e) for detailed test procedures.
        Supplementary information to the IEC test procedures:
    
    Test equipment:
    
        A burst generator having an output impedance of 50 ohms.
    
    Test conditions:
    
        The burst generator must be adjusted before connecting the EUT. 
    The bursts must be coupled to the EUT both on common mode and 
    differential mode interference.
    
    Condition of EUT:
    
        a. Normal power supplied and ``on'' for a time period equal to 
    or greater than the warm-up time specified by the manufacturer.
        b. Adjust the EUT as close to a zero indication as practicable 
    prior to the test.
    
    Test Sequence:
    
        a. Stabilize all factors at nominal reference conditions.
        b. Conduct the test as indicated in this A.3.5 Test Sequence 
    section and record the--
        i. Date and time,
        ii. Temperature,
        iii. Relative humidity,
        iv. Test load,
        v. Indication,
        vi. Errors, and
        vii. Functions performance.
        c. Subject the EUT to at least 10 positive and 10 negative 
    randomly phased bursts at the 1000 V mode. Observe the effect on the 
    EUT and record, as appropriate.
        d. Stabilize all factors at nominal reference conditions.
        e. Repeat the test and record the test data as indicated in this 
    A.3.5 Test Sequence section.
        A.3.6  Electrostatic Discharge
        Test method: Electrostatic discharge (ESD).
        Object of the test: To verify compliance with the provisions of 
    this manual under conditions of electrostatic discharges.
        Reference to standard: See section A.4 Bibliography (f)
    
    Test procedure in brief:
    
        A capacitor of 150 pF is charged by a suitable DC voltage 
    source. The capacitor is then discharged through the EUT by 
    connecting one terminal to ground (chassis) and the other via 150 
    ohms to surfaces which are normally accessible to the operator. This 
    test is conducted during a weighing operation consisting of the 
    following:
        For belt scales--while totalizing at the maximum flow rate at 
    least the min (or a time sufficient to complete 
    the test).
        For platform, hanging, and automatic hopper scales--test with 
    one small test load or simulated load.
    
    Test severities
    
        Air Discharge: up to and including 8 kV.
        Contact Discharge: up to and including 6 kV.
        Number of test cycles: At least 10 discharges must be applied at 
    intervals of at least 10 seconds between discharges.
    
    Maximum allowable variations:
    
        The difference between the indication due to the disturbance and 
    the indication without the disturbance either must not exceed the 
    values indicated in sections 2.2.1.1 b., 3.2.1.1 b., and 4.2.1.1 b. 
    of this appendix, or the EUT must detect and act upon a significant 
    fault.
        Conduct of the test: Refer to the IEC Publication mentioned in 
    section A.4 Bibliography (d) for detailed test procedures.
        Supplementary information to the IEC test procedures.
        Preconditioning: None required.
    
    Condition of EUT:
    
        a. The EUT without a ground terminal must be placed on a 
    grounded plate which projects beyond the EUT by at least 0.1 m on 
    all sides. The ground connection to the capacitor must be as short 
    as possible.
        b. Normal power supplied and ``on'' for a time period equal to 
    or greater than the warm-up time specified by the manufacturer. 
    Power is to be ``on'' for the duration of the test.
        c. The EUT must be operating under standard atmospheric 
    conditions for testing.
        d. Adjust the EUT as close to a zero indication as practicable 
    prior to the test.
    
    Test sequence:
    
        a. Stabilize all factors at nominal reference conditions.
        b. Conduct test as indicated in this A.3.6 Test Sequence section 
    and record the--
        i. Date and time,
        ii. Temperature,
        iii. Relative humidity,
        iv. Power supply voltage,
        v. Test load,
        vi. Indication,
        vii. Errors, and
        viii. Functions performance.
        c. Approach the EUT with the discharge electrode until discharge 
    occurs and then remove it before the next discharge. Observe the 
    effect of the discharge on the EUT and record, as appropriate.
        d. Repeat the above step at least nine times, making sure to 
    wait at least 10 seconds between successive discharges. Observe the 
    effect on the EUT and record as appropriate.
        e. Stabilize all factors at nominal reference conditions.
        f. Repeat the test and record the test data as indicated in this 
    A.3.6 Test Sequence section.
        A.3.7  Electromagnetic Susceptibility
        Test method: Electromagnetic fields (radiated).
    
    Object of the Test:
    
        To verify compliance with the provisions in this manual under 
    conditions of electromagnetic fields.
        Reference to standard: See section A.4 Bibliography (g).
    
    Test procedure in brief:
    
        a. The EUT is placed in an EMI chamber and tested under normal 
    atmospheric conditions. This test is first conducted at one load in 
    a static mode, and the frequencies at which susceptibility is 
    evident are noted. Then tests are conducted at the problem 
    frequencies, if any, during a weighing operation consisting of the 
    following:
        For belt scales--while totalizing at the maximum flow rate at 
    least the min (or a time sufficient to complete 
    the test). It is then exposed to electromagnetic field strengths as 
    specified in the Test severities in this section A.3.7 of this annex 
    to appendix A of this part.
        For platform, hanging, and automatic hopper scales--tested with 
    one small test load.
        b. The field strength can be generated in various ways:
        i. The strip line is used at low frequencies (below 30 MHz or in 
    some cases 150 MHz) for small EUT's;
        ii. The long wire is used at low frequencies (below 30 MHz) for 
    larger EUT's;
        iii. Dipole antennas or antennas with circular polarization 
    placed 1 m from the EUT are used at high frequencies.
        c. Under exposure to electromagnetic fields the EUT is again 
    tested as indicated above.
        Test severities: Frequency range: 26-1000 MHz.
        Field strength: 3 V/m.
        Modulation: 80 percent AM, 1 kHz sine wave.
        Number of test cycles: Conduct test by continuously scanning the 
    specified frequency range while maintaining the field strength.
        Maximum allowable variations: The difference between the 
    indication due to the disturbance and the indication without the 
    disturbance either must not exceed the values given in this manual, 
    or the EUT must detect and act upon a significant fault.
        Conduct of the test: Refer to the IEC Publication referenced in 
    section A.4 Bibliography (g) for detailed information on test 
    procedures.
    
    [[Page 5854]]
    
        Supplementary information to the IEC test procedures.
    
    Test conditions:
    
        a. The specified field strength must be established prior to the 
    actual testing (without the EUT in the field). At least 1 m of all 
    external cables must be included in the exposure by stretching them 
    horizontally from the EUT.
        b. The field strength must be generated in two orthogonal 
    polarizations and the frequency range scanned slowly. If antennas 
    with circular polarization, i.e., log-spiral or helical antennas, 
    are used to generate the electromagnetic field, a change in the 
    position of the antennas is not required. When the test is carried 
    out in a shielded enclosure to comply with international laws 
    prohibiting interference to radio communications, care needs to be 
    taken to handle reflections from the walls. Anechoic shielding might 
    be necessary.
    
    Condition of EUT:
    
        a. Normal power supplied and ``on'' for a time period equal to 
    or greater than the warm-up time specified by the manufacturer. 
    Power is to be ``on'' for the duration of the test. The EUT must be 
    operating under standard atmospheric conditions for testing.
        b. Adjust the EUT as close to a zero indication as practicable 
    prior to the test.
    
    Test sequence:
    
        a. Stabilize all factors at nominal reference conditions.
        b. Conduct the test as indicated in this A.3.7 Test Sequence 
    section and record the--
        i. Date and time,
        ii. Temperature,
        iii. Relative humidity,
        iv. Test load,
        v. Indication,
        vi. Errors, and
        vii. Functions performance.
        c. Following the IEC test procedures, expose the EUT at zero 
    load to the specified field strengths while slowly scanning the 
    three indicated frequency ranges.
        d. Observe and record the effect on the EUT.
        e. Repeat the test and observe and record the effect.
        f. Stabilize all factors at nominal reference conditions.
        g. Repeat the test and record the test data.
        A.4  Bibliography
        Below are references to Publications of the International 
    Electrotechnical Commission (IEC), where mention is made in the 
    tests in annex A to appendix A of this part.
        a. IEC Publication 68-2-1 (1974): Basic environmental testing 
    procedures. Part 2: Tests, Test Ad: Cold, for heat dissipating 
    equipment under test (EUT), with gradual change of temperature.
        IEC Publication 68-2-2 (1974): Basic environmental testing 
    procedures, Part 2: Tests, Test Bd: Dry heat, for heat dissipating 
    equipment under test (EUT) with gradual change of temperature.
        IEC Publication 68-3-1 (1974): Background information, Section 
    1: Cold and dry heat tests.
        b. IEC Publication 68-2-56 (1988): Environmental testing, Part 
    2: Tests, Test Cb: Damp heat, steady state. Primarily for equipment.
        IEC Publication 68-2-28 (1980): Guidance for damp heat tests.
        c. IEC Publication 1000-4-11 (1994): Electromagnetic 
    compatibility (EMC) Part 4: Testing and measurement techniques, 
    Section 11. Voltage dips, short interruptions and voltage variations 
    immunity tests. Section 5.2 (Test levels--Voltage variation). 
    Section 8.2.2 (Execution of the test-voltage variation).
        d. IEC Publication 1000-4-11 (1994): Electromagnetic 
    compatibility (EMC) Part 4: Testing and measurement techniques, 
    Section 11: Voltage dips, short interruptions and voltage variations 
    immunity tests. Section 5.1 (Test levels--Voltage dips and short 
    interruptions. Section 8.2.1 (Execution of the test-voltage dips and 
    short interruptions) of the maximum transit speed and the range of 
    operating speeds.
        e. IEC Publication 1000-4-4 (1995): Electromagnetic 
    compatibility (EMC) Part 4: Testing and measurement techniques--
    Section 4: Electrical fast transient/burst immunity test. Basic EMC 
    publication.
        f. IEC Publication 1000-4-2 (1995): Electromagnetic 
    compatibility (EMC) Part 4: Testing and measurement techniques--
    Section 2: Electrostatic discharge immunity test. Basic EMC 
    Publication.
        g. IEC Publication 1000-4-3 (1995): Electromagnetic 
    compatibility (EMC) Part 4: Testing and measurement techniques--
    Section 3: Radiated, radio-frequency electromagnetic field immunity 
    test.
    
    [FR Doc. 98-2244 Filed 2-3-98; 8:45 am]
    BILLING CODE 3510-22-P
    
    
    

Document Information

Effective Date:
3/6/1998
Published:
02/04/1998
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-2244
Dates:
Effective March 6, 1998, except Sec. 679.28(b)(2)(iii)(B) which is not effective until the Office of Management and Budget approves the information collection requirement contained in that section. NMFS will publish a document in the Federal Register announcing the effective date for that section. NMFS will announce in the Federal Register the dates when NMFS will accept type evaluation documentation under 50 CFR 679.28(b)(1) and when scale inspections under 50 CFR 679.28(b)(2) will be ...
Pages:
5836-5854 (19 pages)
Docket Numbers:
Docket No. 960206024-8008-03, I.D. 043097A
RINs:
0648-AG32: Regulatory Amendment To Establish a Certification Program for At-Sea Scales
RIN Links:
https://www.federalregister.gov/regulations/0648-AG32/regulatory-amendment-to-establish-a-certification-program-for-at-sea-scales
PDF File:
98-2244.pdf
CFR: (4)
50 CFR 679.28(b)(2)(i)
50 CFR 679.28(b)(1)(ii)(H)
50 CFR 679.28
50 CFR 679.32