BEFORE THE Department of AGRICULTURE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 4.10.202, 4.10.205 relating to the Aerial Applicator

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO:  All Concerned Persons

 

            1.  On September 13, 2012, at 2:00 p.m. the Montana Department of Agriculture will hold a public hearing in Room 225 of the Scott Hart Building, 302 N. Roberts at Helena, Montana, to consider the proposed amendment of the above-stated rules.

 

            2.  The Department of Agriculture will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process and need an alternative accessible format of this notice.  If you require an accommodation, contact the Department of Agriculture no later than 5:00 p.m. on September 7, 2012 to advise us of the nature of the accommodation that you need.  Please contact Cort Jensen at the Montana Department of Agriculture, 302 North Roberts, P.O. Box 200201, Helena, MT 59620-0201; phone: (406) 444-5402; fax: (406) 444-5409; or email: agr@mt.gov.

 

            3.  The rules as proposed to be amended to provide as follows, stricken matter interlined, new matter underlined:

 

4.10.202  CLASSIFICATION OF PESTICIDE APPLICATORS  (1) through (2) remain the same.

(3) through (3)(l) remain the same.

            (m)  Piscicide classification include includes applicators using or supervising the use of pesticides purposefully applied to waters to eliminate fish species as a fishery management tool.

            (n)  Aerial applicator classification includes applicators that apply pesticides by aircraft.  Aerial applicators shall qualify in one or more of the classifications in (3) (a) through (m).

 

AUTH:  8-8-105, MCA

IMP:  8-8-105, MCA

 

4.10.205  SPECIFIC STANDARDS OF COMPETENCY FOR EACH APPLICATOR CLASSIFICATION  (1) through (1)(m) remain the same.

            (n)  Aerial applicators shall demonstrate practical knowledge of laws and regulations for aerial applicator pilots, operation and application safety, preventing pesticide drift, aerial pesticide dispersal systems, calibrating aerial application equipment, and making an aerial pesticide application.

 

AUTH:  8-8-105, MCA

IMP:  8-8-105, MCA

 

REASON:  The addition of an aerial applicator category was requested by the Association of Montana Aerial Applicators to the department in 2011.  The addition of an aerial applicator category supports a national competency for the industry, increasing consumer and public confidence as well as streamlining reciprocal licensing for applicators who provide interstate services by air.

 

ECONOMIC IMPACT:  The department anticipates that approximately 50-60 individuals would be affected by the category requirement, but they already were required to be licensed under a different category previously.  The only real additional expense might be the new manual.  Our estimate for the price of the manual is no more than $10.00.

 

            4.  Concerned persons may submit their data, views, or arguments concerning the proposed action either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to:  Cort Jensen at the Montana Department of Agriculture, 302 North Roberts, P.O. Box 200201, Helena, MT 59620-0201; telephone (406) 4440-5402; fax: (406) 444-5409; or e-mail: agr@mt.gov and must be received no later than September 20, 2012.

 

            5.  The Department of Agriculture 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 which includes the name, e-mail, and mailing address of the person 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 Montana Department of Agriculture, 302 North Roberts, P.O. Box 200201, Helena, MT  59620-0201; fax: (406) 444-5409; or e-mail: agr@mt.gov or may be made by completing a request form at any rules hearing held by the Department of Agriculture.

 

6.  An electronic copy of this Notice of Proposed Amendment is available through the department′s web site at agr.mt.gov, under the Administrative Rules section.  The department 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 department strives 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.

 

7.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

 

DEPARTMENT OF AGRICULTURE

 

/s/ Ron de Yong                                                  /s/ Cort Jensen                                    

Ron de Yong, Director                                        Cort Jensen, Rule Reviewer

 

Certified to the Secretary of State on August 13, 2012.