NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[27 Pa.B. 4596]

   The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, August 22, 1997, and took the following actions:

Regulations Approved:

   Department of Labor and Industry #12-47: Lead Occupation Accreditation and Certification (establishes 34 Pa. Code Chapter 402)

   Department of Transportation #18-336: Enhanced Emission Inspection (amends 67 Pa. Code Chapter 177)

   Pennsylvania State Police #17-57: Megan's Law (amends 37 Pa. Code Chapter 55)

   Department of Community Affairs #5-60: Industrialized Housing and Components (amends 12 Pa. Code Chapter 145)

   Insurance Department #11-140: Pennsylvania FAIR Plan (deletes 31 Pa. Code Chapter 111)

   Insurance Department #11-142: Certificates of Insurance (amends 31 Pa. Code Chapter 113)
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Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
August 22, 1997

Department of Labor and Industry; Lead Occupation Accreditation and Certification; Doc No. 12-47

Order

   On February 28, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking would establish 34 Pa. Code Chapter 402. The authority for this regulation is section 4 of the Lead Certification Act (35 P. S. § 5904). The proposed regulation was published in the March 16, 1996 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 24, 1997.

   In 1992, the Federal government enacted the Residential Lead-Based Paint Reduction Act (Federal Act) to develop a national strategy to build the infrastructure necessary to eliminate lead-based paint hazards. The Federal Act directed the Environmental Protection Agency (EPA) to promulgate regulations concerning the training and certification of individuals engaged in lead-based paint activities and the accreditation of training programs. The Federal Act also allows states to administer and enforce the requirements established by the EPA.

   In response to the Federal Act, the General Assembly passed the Lead Certification Act to provide the Department with the authority to develop regulations that are no more stringent than the Federal regulations. In this rulemaking, the Department has incorporated the EPA's proposed regulations for the accreditation of training providers and the certification of individuals involved in a lead-based occupation. In addition, the regulation establishes administrative procedures to review applications for accreditation and certification.

   We have reviewed this regulation and find it to be in the public interest. The regulation will ensure that only properly trained individuals are involved in the removal of lead-based paint.

Therefore, it is Ordered That:

   1.  Regulation No. 12-47 from the Department of Labor and Industry, as submitted to the Commission on July 28, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
August 22, 1997

Department of Transportation; Enhanced Emission Inspection; Doc. No. 18-336

Order

   On March 4, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (PennDOT). This rulemaking would amend 67 Pa. Code by rescinding and reestablishing Chapter 177, Enhanced Emission Inspection Program. The authority for this regulation is found in sections 4103, 4531, 4701, 4706, 4707 and 6103 of the Vehicle Code, the act of June 17, 1976 (P. L. 162, No. 81) as amended by the acts of November 16, 1994 (P. L. 614, No. 95) and December 15, 1995 (P. L. __, No. 72) (75 Pa.C.S. §§  4103, 4531, 4701, 4706, 4707 and 6103). These regulations are being promulgated under the Federal Clean Air Act, as amended by Pub. L. 101-54, November 15, 1990, 104 Stat. 2399--2712, (42 U.S.C.A. §§  7401--26718) and Pub. L. 104-59, November 27, 1995, ____Stat.___ (known as the National Highway System Designation Act of 1995) (NHS Act). The proposed regulation was published in the March 16, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 29, 1997.

   The Clean Air Act, as amended in 1990, requires the Commonwealth to enhance and expand its current vehicle emission Inspection and Maintenance (I/M) program from the current 11 counties to 25 counties. These proposed amendments implement the emission I/M program requirements with a totally decentralized I/M program which allows privately-owned garages and service stations to conduct emissions tests and to perform any needed vehicle repairs onsite.

   We have reviewed this regulation and find it to be in the public interest. This rulemaking is an essential part of the Commonwealth's efforts to achieve compliance with the requirements of the Clean Air Act.

Therefore, it is Ordered That:

   1.  Regulation No. 18-336 from the Department of Transportation, as submitted to the Commission on July 29, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
August 22, 1997

Pennsylvania State Police; Megan's Law; Doc. No. 17-57

Order

   On June 4, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania State Police (State Police). It would amend 37 Pa. Code Chapter 55 by adding §§ 55.1--55.6. The authority for this rulemaking is section 9799.1(3) of Act No. 1995-24, as amended (Megan's Law), (42 Pa.C.S. §  9799.1(3)). The proposed regulation was published in the June 22, 1996 edition of the Pennsylvania Bulletin, with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 29, 1997.

   Section 9799.1(3) of Megan's Law requires the State Police to write regulations regarding neighbor notification of the current address of sexually violent predators. This rulemaking is in response to that mandate.

   The final-form regulation defines ''neighbor,'' as those persons occupying both residences and places of employment located within a 250-foot radius of a sexually violent predator's residence, or the 25 most immediate residences or places of employment, or both, in proximity to a sexually violent predator's residence, whichever is greater. In the proposed version, the State Police used a 1,000-foot radius.

   Section 55.5 (Notification) provides that law enforcement officers will furnish written notices of the current address of the sexually violent predators to neighbors within 72 hours of receipt. Verbal notification may be given if written notification would delay meeting the 72-hour time requirement.

   A new documentation of notification provision (§ 55.6) has been added to the final-form regulation. It requires law enforcement officers to establish general written procedures and policies for providing community notification about sexually violent predators. Recordkeeping requirements include: (1) the dates and times when notifications were given and in what geographic areas; (2) what procedures were employed; and (3) whether verbal notification was necessary. The documentation should also indicate whether follow-up notifications were necessary.

   Costs for notification (in dedicated police personnel time spent on notifications and documentation) may be significant, but will ultimately depend on how many offenders are released into society.

   We have reviewed this regulation and find it to be in the public interest. These regulatory provisions are necessary to carry out the neighbor notification mandates of Megan's Law. They will also provide guidance to local police departments and the State Police in documenting such notifications. Residents of local communities should benefit from lower incidents of criminal acts by sexually violent predators.

Therefore, it is Ordered That:

   1.  Regulation No. 17-57 from the Pennsylvania State Police, as submitted to the Commission on July 29, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
August 22, 1997

Department of Community and Economic Development; Industrialized Housing and Components; Doc. No. 5-60

Order

   On August 28, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Community and Economic Development (Department). This rulemaking would amend 12 Pa. Code Chapter 145. The authority for this regulation is section 5 of the Industrialized Housing Act (35 P. S. §  1651.5). The proposed regulation was published in the September 14, 1996 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 24, 1997.

   The Department's regulations mandate automatic adoption of the latest edition of model codes, unless a change is authorized through rulemaking. The proposed rulemaking allowed manufacturers an option in selection of stair geometry. In addition to the new stair geometry adopted in the most recent Council of American Building Officials (CABO) One and Two Family Dwelling Code, manufacturers may elect to use the traditional stair geometry contained in the 1992 CABO Code.

   The final-form rulemaking allows a similar choice for the Building Officials and Code Administrators International, Inc. (BOCA) Code. Manufacturers may elect the stair geometry in the most recent BOCA Code or the stair geometry adopted in the 1993 BOCA Code. The final-form rulemaking also incorporates several changes to update names, define acronyms, provide for public notice and clarify effective dates through reformatting of sections.

   We have reviewed this regulation and find it to be in the public interest. The choice of stair geometry can impact the expense of transporting modules on highways and may add cost to homes through the loss of square footage. An option of traditional or new stair geometry is important to this Commonwealth as a major manufacturer and exporter of industrialized housing.

Therefore, it is Ordered That:

   1.  Regulation No. 5-60 from the Department of Community and Economic Development, as submitted to the Commission on July 24, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
August 22, 1997

Insurance Department; Pennsylvania FAIR Plan; Doc. No. 11-140

Order

   On March 17, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking would delete 31 Pa. Code Chapter 111, Pennsylvania Fair Plan. Statutory authority is under the Department's general rulemaking authority and 40 P. S. §  1600.205 which provides authority to promulgate rules and regulations as may be necessary for administration of the FAIR plan. The proposed regulation was published in the March 29, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 23, 1997.

   The substance of Chapter 111 is sufficiently addressed in 40 P. S. §§  1600.101 --1600.502, and the regulations in no manner enhance the statute.

   The final-form regulation contains no changes from the proposed regulation. We did not file any comments on the proposed regulation. Furthermore, we did not receive any negative recommendations on the final-form regulation from the House Committee on Insurance or the Senate Banking and Insurance Committee.

Therefore:

   The Commission will notify the Legislative Reference Bureau that Regulation No. 11-140 from the Insurance Department, as submitted to the Commission on July 23, 1997, was deemed approved under section 5(g) of the Regulatory Review Act on August 13, 1997.
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Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
August 22, 1997

Insurance Department; Certificates of Insurance; Doc. No. 11-142

Order

   On March 17, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking would amend 31 Pa. Code Chapter 113 (relating to miscellaneous provisions). The authority for this regulation is contained in Section 412 of the Administrative Code of 1929 (71 P. S. § 412) and the Insurance Company Law of 1921 (40 P. S. §§  361--991). The proposed regulation was published in the March 29, 1997 edition of the Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 23, 1997.

   Currently, § 113.31 (relating to general) of the Department's regulations does not allow insurance companies to issue certificates that either enlarge the scope of the insurance policy or that have not been approved by the Department prior to the issuance. This is consistent with section 477b of the Insurance Company Law which prohibits the issuance of certificates without first being approved by the Department. Because § 113.31 duplicates the statute, the Department has deemed it unnecessary.

   Section 113.32 (relating to required statement) provides the language to be contained in a certificate of insurance. The Department has deemed this language also to be no longer necessary. Therefore, the Department is deleting the provision.

   The final-form regulation contains no changes from the proposed regulation. We did not file any comments on the proposed regulation. Furthermore, we did not receive any negative recommendations on the final-form regulation from the House Committee on Insurance and the Senate Committee on Banking and Insurance.

Therefore:

   The Commission will notify the Legislative Reference Bureau that Regulation No.11-142 from the Insurance Department, as submitted to the Commission on July 23, 1997, was deemed approved under section 5(g) of the Regulatory Review Act on August 13, 1997.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 97-1454. Filed for public inspection September 5, 1997, 9:00 a.m.]

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