PROPOSED RULEMAKING
DEPARTMENT OF GENERAL SERVICES DEPARTMENT OF AGRICULTURE
[70 PA. CODE CHS. 2, 10 AND 110]
General Provisions; Device Type Approval and State Metrology Laboratory
[35 Pa.B. 2631] The Department of General Services (DGS) and the Department of Agriculture (Department) propose to establish fees for testing services performed by the State Metrology Laboratory. The proposed rulemaking amends the Department's current regulations in §§ 2.1 and 10.10 (relating to definitions; and fees) and adds Part V (relating to State Metrology Laboratory), administered by Department of General Services, to read as set forth in Annex A.
Statutory Authority
This proposed rulemaking is made under the authority of 3 Pa.C.S. §§ 4101--4194 (relating to Consolidated Weights and Measures Act) (act). Section 4178 of the act (relating to fees) requires that DGS establish, by regulation, fees for metrology laboratory calibration, type evaluation and other testing services. Section 4190 of the act (relating to rules and regulations) provides the Department with the authority to regulate as necessary to implement the act.
Purpose of the Proposed Rulemaking
The proposed rulemaking will fulfill the statutory requirement that DGS establish, charge and collect the fees described in section 4178 of the act. Currently, the State Metrology Laboratory (Laboratory) provides these services without charge. The proposed rulemaking is necessary to comply with the act. The proposed rulemaking will ensure that taxpayer dollars are not used to pay for testing by the Laboratory when user fees are statutorily authorized and required.
Background
Reorganization Plan No. 1 of 1986 (71 P. S. § 751-38) transferred the Department's statutory functions, powers and duties regarding weights and measures laboratory testing to DGS. The Department retained general weights and measures enforcement responsibility. This division of responsibilities between DGS and the Department was repeated in the act, which took effect in 1997.
DGS manages and operates the Laboratory as part of the Division of Quality Assurance in the Bureau of Purchases under the Deputy Secretary for Procurement.
In 1999, the Department promulgated extensive regulations under authority of the act. In particular, § 10.10 states that the Laboratory may charge a fee for device type approval. Under the act, the Laboratory is required to charge and collect fees for metrology calibration and other testing in addition to device type evaluation. A fee schedule was not included in the regulations adopted in 1999.
The proposed rulemaking would establish a schedule of fees and add relevant definitions. As structured, it would also allow DGS to revise the fee schedule in the future without involving the Department in the promulgation process.
Overview of the Proposed Rulemaking
The proposed rulemaking amends § 10.10 to clarify that DGS will charge fees for metrology testing as required by the act and adds definitions to § 2.1. The proposed rulemaking also adds Chapter 110, in which the DGS adopts procedures and sets fees for Laboratory testing services.
Affected Individuals and Organizations
Each year, the Laboratory provides metrology calibration, type evaluations and testing for several hundred persons, who sell, install, service or repair commercially used weighing and measuring devices and who must have the accuracy of their field standards verified under § 6.3 (relating to field standards). Last year, the Laboratory provided approximately 740 services, including services to approximately 400 private persons. Under the proposed rulemaking, the Laboratory will charge these persons fees for testing now provided for free.
Cities and counties required to procure standards of weights and measures and any additional equipment in accordance with section 4123 of the act (relating to city and county standards and equipment), regarding city and county standards and equipment, are exempt from the fee requirements with respect to the calibration, evaluation or other testing of those standards and equipment. See section 4178 of the act.
The general public will benefit because the fees generated will pay for services now paid for from taxpayer dollars.
Fiscal Impact
Commonwealth: The estimated annual revenue to the Commonwealth (DGS) from the proposed rulemaking is approximately $105,000. The proposed rulemaking should not result in additional costs to the Commonwealth.
Public Sector: No other government entity will incur any costs or realize any savings.
General Public: The proposed rulemaking will impose no costs and have no fiscal impact upon the general public.
Affected Businesses: The affected businesses, which use Laboratory services, will have to pay the fees set in the proposed rulemaking. The anticipated average fee per user is estimated to be $262.50.
Paperwork Requirements
The proposed rulemaking will result in an increase in paperwork for the Laboratory, which will be required to issue invoices, collect payments and transmit payments to the State Treasury. Under section 4193(c) of the act (relating to disposition of funds), the Treasury Department will have an increase in paperwork to reflect the receipt of the fees from the DGS and to credit the fees collected to the general government appropriations of the DGS for the operation and maintenance of the Laboratory.
Effective Date
The proposed rulemaking will take effect upon publication in the Pennsylvania Bulletin.
Public Comments and Contact Person
Interested persons are invited to submit written comments regarding the proposed rulemaking to Mary Benefield Seiverling, Senior Counsel, Office of Chief Counsel, Department of General Services, 603 North Office Building, Harrisburg, PA 17125, (717) 787-5599 within 30 calendar days after the date of publication of this proposed rulemaking in the Pennsylvania Bulletin.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 20, 2005, DGS and the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC). On that same date, the Department submitted a copy of this proposed rulemaking to the Chairpersons of the House Agriculture and Rural Affairs Committee and the Senate Agriculture and Rural Affairs Committee and DGS submitted a copy of this proposed rulemaking to the Chairpersons of the House Committee on State Government and the Senate Committee on State Government. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the DGS and the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
DONALD T. CUNNINGHAM, Jr.,
Secretary
Department of General ServicesDENNIS C WOLFF,
Secretary
Department of AgricultureFiscal Note: 8-9. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 70. WEIGHTS, MEASURES AND STANDARDS
PART I. WEIGHMASTERS
CHAPTER 2. GENERAL PROVISIONS § 2.1 Definitions.
The following word and terms, when used in this title, have the following meanings, unless the context clearly indicates otherwise:
ASTM--The American Society of Testing and Measurement.
* * * * * OIML--The International Organization of Legal Metrology.
* * * * * State Metrology Laboratory--The Pennsylvania Standards Laboratory within the Department of General Services, having custody of the State standards of weight and measure and of other standards and equipment provided for by the act.
* * * * *
CHAPTER 10. DEVICE TYPE APPROVAL § 10.10. Fees.
[(a) Fees.] The State Metrology Laboratory [may] will charge [an applicant] a fee for conducting tests that may be required for device type approval under this chapter, and for metrology laboratory calibration, type evaluation and any other testing services it performs under authority of the act. These fees are set forth in § 110.2 (relating to State Metrology Laboratory fee schedule).
[(b) Exemption. A city or county which is required to procure standards of weights and measures and additional equipment in accordance with section 4123 of the act (relating to city and county standards and equipment) to enforce the act is exempt from having to pay fees with respect to the calibration, evaluation or other testing of those standards and that equipment.]
PART V. STATE METROLOGY LABORATORY Chap.
110. GENERAL PROVISIONS
CHAPTER 110. GENERAL PROVISIONS Sec.
110.1. Metrology services. 110.2. State Metrology Laboratory fee schedule. § 110.1. Metrology services.
(a) The State Metrology Laboratory provides testing services including calibration to ASTM, NIST and OIML standards.
(b) Requests for testing services must be made by appointment. No standards or equipment will be accepted for testing without appointment.
(c) Units submitted for testing or calibration must be cleaned before submission.
§ 110.2. State Metrology Laboratory fee schedule.
(a) General. The State Metrology Laboratory will charge a fee for any testing services it provides under authority of the act. These services include actual metrology laboratory calibration, type evaluation and any other services identified in subsection (c).
(b) Exemption. A city or county which is required to procure standards of weights and measures and additional equipment in accordance with section 4123 of the act (relating to city and county standards and equipment) to enforce the act is exempt from having to pay fees with respect to the calibration, evaluation or other testing of those standards and that equipment.
(c) Schedule of fees. The State Metrology Laboratory will charge the following fees for the indicated testing services:
General type of test Description Fee Precision mass Up to ASTM E 617 Class 2 or best calibration but not to a specific class to and including 30
kg. or 50 lb.$30 per weight Precision mass ASTM E617 Class 3 and 4 and OIML Class F1 and F2 to and including 30 kg. or 50 lb. $12 per weight Ordinary mass NIST Class F and ASTM E617 Classes
5, 6, 7 and OIML Class M1, M2 and M3 to
and including 5 kg. or 10 lb.$2 per weight (without adjustment)
$10 per weight (with adjustment)Ordinary mass NIST Class F and ASTM E617 Classes
5, 6 and 7 from 10 kg. or 20 lb. to 50 kg.
or 100 lb.$5 per weight (without adjustment)
$10 per weight (with adjustment)Ordinary mass NIST Class F and ASTM E617 Classes
5, 6 and 7 from 100 kg. or 200 lb. to 2500 kg.
or 5500 lb.$15 per weight (without adjustment)
$25 per weight (with adjustment)Ordinary mass Weight Carts $50 per cart Volume transfer 5 gallon/20 liter test measures $15 per measure (includes adjustment) Volume transfer 10 gallon to 50 gallon $50 per prover (includes adjustment) Volume transfer 51 to 100 gallon $150 per prover (includes adjustment) Volume transfer Greater than 100 gallon $150 plus $50 per each additional 100 gallons or fractions thereof Gravimetric calibrations Metal Test Measures to 5 gallon or 20 liters
or 1 cubic foot$35 per item Length calibrations Metal Tapes or Rules $15 per point tested Timing devices Stopwatches $30 Wheel load weighers $6 per scale Special tests $75 per man-hour
(d) Payment of fees. A deposit for the estimated fee shall be submitted when the testing request is made. Fees are payable at the time the metrology service is provided, regardless of whether the item tested is certified or approved.
[Pa.B. Doc. No. 05-837. Filed for public inspection April 29, 2005, 9:00 a.m.]
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