RULES AND REGULATIONS
Title 70—WEIGHTS, MEASURES AND STANDARDS
DEPARTMENT OF GENERAL SERVICES
[ 70 PA. CODE CH. 110 ]
State Metrology Laboratory Fee Schedule
[40 Pa.B. 7366]
[Saturday, December 25, 2010]The Department of General Services (Department) amends § 110.2 (relating to State Metrology Laboratory fee schedule) of the Department of Agriculture's regulations to read as set forth in Annex A. Fees for testing services performed by the State Metrology Laboratory (Laboratory) are amended.
Statutory Authority
The final-form 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 the Department 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 authority to regulate as necessary to implement the act.
Purpose of the Final-Form Rulemaking
The final-form rulemaking fulfills the statutory requirement that the Department establish, charge and collect the fees in section 4178 of the act. Currently, the Laboratory provides these services based upon a fee schedule promulgated in 2005. The final-form rulemaking is necessary to comply with the act. The final-form rulemaking ensures that taxpayer dollars are not used to pay for testing by the Laboratory when user fees are statutorily authorized and required.
Notice of proposed rulemaking was published at 39 Pa.B. 5921 (October 10, 2009). Publication was followed by a 30-day public comment period during which the Department did not receive comments. The Senate State Government Committee and the House State Government Committee did not comment. The Independent Regulatory Review Committee (IRRC) did not have any formal comments, but requested that the support for the revised fees be submitted in the form of a fee analysis form.
Comments and Responses
Other than the request to include the fee analysis form, there were no comments received regarding the proposed rulemaking. Consequently, the final-form rulemaking has not changed from the proposed rulemaking.
Fiscal Impact
Commonwealth
The estimated annual revenue to the Commonwealth from the final-form rulemaking is approximately $125,000. The final-form rulemaking should not result in additional costs to the Commonwealth.
Public sector
No other government entity will incur costs or realize savings.
General public
The final-form rulemaking will not impose 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 final-form rulemaking. The anticipated average fee per user is estimated to be $302.
Paperwork Requirements
The final-form rulemaking will not result in an increase in paperwork for the Laboratory, which already is required to issue invoices, collect payments and transmit payments to the State Treasury. Similarly, under section 4193(c) of the act (relating to disposition of funds), the Treasury Department will not have increase in paperwork.
Effective Date
The final-form rulemaking will take effect upon publication in the Pennsylvania Bulletin.
Additional Information
Individuals who need information about the final-form rulemaking should contact Michael C. Barrett, Senior Counsel, Office of Chief Counsel, Department of General Services, 603 North Office Building, Harrisburg, PA 17125, (717) 346-9781.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 29, 2009, the Department submitted a copy of the notice of proposed rulemaking, published at 39 Pa.B. 5921, to IRRC and the Chairpersons of the House Committee on State Government and the Senate Committee on State Government for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on November 3, 2010, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 4, 2010, and approved the final-form rulemaking.
Findings
The Department finds that:
(1) Public notice of intention to adopt this final-form rulemaking has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The final-form rulemaking adopted by this order is necessary and appropriate for the performance of the Department's duties under The Administrative Code of 1929.
Order
The Department, acting under the authorizing statutes, orders that:
(a) The regulations of the Department of Agriculture, 70 Pa. Code Chapter 110, are amended by amending § 110.2 to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex A to the Office of Attorney General for approval as to legality and form as required by law.
(c) The Secretary of the Department shall certify and deposit this order and Annex A with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
JAMES P. CREEDON,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 6752 (November 20, 2010).)
Fiscal Note: Fiscal Note 8-14 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 70. WEIGHTS, MEASURES AND STANDARDS
PART V. STATE METROLOGY LABORATORY
CHAPTER 110. GENERAL PROVISIONS § 110.2. State Metrology Laboratory fee schedule.
(a) General. The State Metrology Laboratory shall 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) Exemptions.
(1) Agencies of the Commonwealth are exempt from having to pay any of the fees established in this section.
(2) 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 shall 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.$30 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.$6 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.$10 per weight (without adjustment)
$20 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.$20 per weight (without adjustment)
$40 per weight (with adjustment)Ordinary mass Weight Carts $210 per cart
Volume transfer 5 gallon/20 liter test measures $45 per measure (includes adjustment) Volume transfer 10 gallon to 50 gallon $150 per prover (includes adjustment) Volume transfer 51 to 100 gallon $150 per prover (includes adjustment) Volume transfer Greater than 100 gallon $150 plus $ 1 per each additional gallon
over 100 gallonsGravimetric Calibrations Metal Test Measures to 5 gallon or
20 liters or 1 cubic foot$180 per item Length Calibrations Metal Tapes or Rules $15 per point tested Timing Devices Stopwatches $30 Wheel Load Weighers $20 per scale Special Tests $75 per man-hour (d) Payment of fees. A nonrefundable 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. 10-2457. Filed for public inspection December 23, 2010, 9:00 a.m.]
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