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| Montana Administrative Register Notice 4-16-234 | No. 22 11/25/2016 | |
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BEFORE THE DEPARTMENT OF AGRICULTURE OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On December 15, 2016, at 2:00 p.m., the Department of Agriculture will hold a public hearing in the Jubilee Room of the Sheridan Country Library, 100 W. Laurel Ave., Plentywood, Montana, to consider the proposed amendment of the above-stated rule.
On December 16, 2016, at 10:00 a.m., the Department of Agriculture will hold a public hearing in the Annex Meeting Room of the Hill County Courthouse, 302 4th Ave., Havre, Montana, to consider the proposed amendment of the above-stated rule.
On December 19, 2016, at 11:00 a.m., the Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, 302 N. Roberts, Helena, Montana, to consider the proposed amendment of the above-stated rule.
2. The Department of Agriculture will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Department of Agriculture no later than 5:00 p.m. on December 9, 2016, to advise us of the nature of the accommodation that you need. Please contact Cort Jensen, Department of Agriculture, 302 N. Roberts, Helena, Montana, 59601; telephone (406) 444-3144; fax (406) 444-5409; or e-mail [email protected].
3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
4.13.1001A GRAIN FEE SCHEDULE (1) The effective date of this rule is (2) General provisions applying to all sections of this rule are as follows: (a) normal office hours are 8 a.m. to 5 p.m., Monday through Friday. All other hours and holidays will be considered overtime. (i) sampling hours are 8 a.m. to 5 p.m. Monday through Friday. Sampling hours will need to be scheduled the day before if required outside the normal office hours. All other hours and holidays will be considered overtime. (b) the regular hourly rate for travel time and stand-by fee is (c) overtime and holiday hourly rate is (d) holidays are as adopted in 1-1-216, MCA (e.g., New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day, and Election Day). (e) Mileage, travel time, and travel expenses are as follows: (i) mileage charges shall be assessed per Title 2, chapter 18, part 5, MCA for state employees which is equal to the United States Internal Revenue Service (IRS) mileage allotment. Any change to the mileage rate is effective when the IRS changes their standard mileage rate. The mileage charges will be prorated where possible. Mileage will not be charged within five miles of an official state grain laboratory location. (ii) for each out-of-town trip requested, the applicant will be charged at the regular hourly rate, except when work is conducted while in overtime status or on holidays. Work conducted while in overtime status or on holidays will be charged at the overtime rate, prorated where possible. (iii) travel expenses, i.e., per diem, lodging, and mileage will be assessed the applicant in addition to other fees and charges. (f) Copies of certificates, per certified copy.............................................$2.50 In case of a data entry or typographical error, a corrected certificate will be issued without a fee. (g) Fax charge, per transmission…………………………………………...$3.00 (h) Actual postage or delivery service charges will be added to sampling and other fees. (i) The priority service fee shall be (j) (k) Processing and handling fee for sample preparation and export documentation (per request)..……………………………………..….…………......$7.50 (3) Fees for official services provided under the United States Grain Standards Act (USGSA) – includes federal grain inspection services (FGIS) supervision fees. (a) All general provisions of (2) (b) Official lot inspection sampling with grade, bulk, boxcar, hopper car or truck/trailer, per request, sampling and grade only: (i) level one official sampling service when the state grain laboratory furnishes the sampling crew (per unit).................................................. (ii) level two official sampling service when the state grain laboratory furnishes a licensed sampler to write identification tickets, supervise elevator employees while sampling and seal samples for delivery to the state grain laboratory (per unit)................................................................................................. (iii) Official lot reinspection based on new sample – all regular fees assessed. (c) Sampling only (does not include grade) – bulk, boxcar, hopper car or truck/trailer, per request, (all grains)......................................................... (d) Stowage examination per unit (in excess of one hour – hourly rate applies)...................................................................................................... (e) Submitted sample inspection – include DKT (damaged kernels total) identified, FM (foreign material) identified, SHBN (shrunken and broken kernels), and DEF (total defects)........................................................................................$8.00 (f) Submitted Canola per sample………………………….……………….$16.00 (g) Submitted Spring Wheat (Includes DHV testing ) per sample ..…....$13.00 (i) Submitted (Other USGSA) per sample.................................... (ii) reinspection based on file sample (original numerical grade sustained) regular fee assessed...........................................................................................$8.00 (iii) reinspection based on file sample (original numerical grade changed) – no fee will be assessed.
(i) near infrared transmittance (NIRT) wheat, barley, and corn … (ii) protein retest – (original protein test sustained)..................................$5.50 (iii) protein retest – (original protein test changed) – differences of more than 0.3% – no fee will be assessed.
(i) official commercial inspection services and fees may be negotiated on a case-by-case basis. (4) Fees for official services provided under the Agricultural Marketing Act of 1946 (AMA) as amended – beans, peas, and lentils. (a) All general provisions of (2) (b) Sampling fees: (i) bulk samples from boxcars, hopper cars, truck/trailers per unit……… (ii) bagged….................................................................................. Hourly Rate (c) Grade only per lot or sample: (i) field run................................................................................... (ii) other than field run................................................................. (d) Factor only determination, per factor........................................ (e) Falling numbers only determination..................................................$11.00 (f) Additional statements, factors, or results as requested by the applicant (per factor)……………………………………………………………….......... (5) Fees for laboratory services not performed under the USGSA or AMA: (a) All general provisions of (2) (b) lot inspection sampling with grade for bulk, boxcar, hopper car or truck/trailer, per request, sampling and grade only: (i) level one sampling service fee when the state grain laboratory furnishes the sampling crew per sample................................................................ (ii) level two sampling service fee when the state grain laboratory furnishes a licensed sampler to write identification tickets, supervise elevator employees while sampling, and seal samples for delivery to the state grain laboratory per sample.................................................................................................... (iii) lot reinspection – all regular fees assessed. (c) Sampling only (does not include grade) – bulk, boxcar, hopper car or truck/trailer, per request, (all grains)......................................................... (d) Stowage examination per unit (in excess of one hour, hourly rate applies)....................................................................................................... (e) Submitted Montana specialty crop grades (unless specifically listed) per sample...................................................................................................... (f) Submitted buckwheat grades, per sample: (i) processed................................................................................. (ii) field run.................................................................................. (g) Submitted hulless or hulless waxy barley grades, per sample…….. (h) Reinspection for grade based on file sample: (i) original numerical grade sustained – regular fee assessed. (ii) original numerical grade changed – no fee will be assessed. (i) Protein test, per sample: (i) non-official NIRT, (e.g., khorasan)............................................. (ii) protein retest – original protein test sustained – regular protein fee assessed. (iii) protein retest – original protein test changed – differences of more than 0.3% – no fee will be assessed. (j) Malting barley: (i) germination, 72 hour hydrogen peroxide, or 72 hour blotter, per determination......................................................................................................$7.00 (k) vomitoxin (DON) per quantitative analysis test.................................$30.00 (l) falling numbers only determination....................................................$11.00 (m) aflatoxin per quantitative analysis test…………………..……………$30.00 (n) DHV, HVAC or factor only determination, per factor………….. (o) additional statements, factors, or results as requested by the applicant (per factor)………………………………………………………………………
IMP: 80-4-721, MCA
REASON AND ECONOMIC IMPACT: The current fee structure does not generate enough revenue to pay for continued required services to the industry. Certain fees did not reflect the actual added cost (in time) to perform the tests. The new rule will generate $80,000 to $200,000 revenue every year depending on use of the lab. A typical user will pay $3.50 per sample in fees a year. A large user will pay $3.50 to $5.00 per sample in fees a year. The majority of the fee increase will be paid by the largest user.
4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Cort Jensen, Department of Agriculture, P.O. Box 200201, Helena, Montana, 59620-0201; telephone (406) 444-3144; fax (406) 444-5409; or e-mail [email protected], and must be received no later than 5:00 p.m., January 4, 2017.
5. Cort Jensen, Department of Agriculture, has been designated to preside over and conduct these hearings.
6. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.
7. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.
8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will significantly and directly impact small businesses.
/s/ Cort Jensen /s/ Ron de Yong Cort Jensen Ron de Yong Rule Reviewer Director Agriculture
Certified to the Secretary of State November 14, 2016. |
A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact [email protected].
