NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[28 Pa.B. 4007]

   The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, July 30, 1998, and took the following actions:

Regulation Approved:

   Corrections #19-2: Administration (amends 37 Pa. Code §§ 91.5 and 93.3).

   Department of Revenue #15-385: Calculation of Title Insurance Company Gross Premiums (adds 61 Pa. Code § 162.11).

   Department of Revenue #15-404: Super 6 Lotto (adds 61 Pa. Code §§ 870.1--870.17).

   State Real Estate Commission #16A-563: Examination Fees (amends 49 Pa. Code § 35.203).

   Department of Public Welfare #14-444: General Eligibility Provisions; Allowances and Benefits; Resources; Income (amends 55 Pa. Code Chapters 141, 175, 177 and 183).

   Environmental Quality Board #7-317: Air Quality Amendments (RBI #2) (amends 25 Pa. Code Chapters 128, 129, 131 and 139).

   Environmental Quality Board #7-306A: Stream Redesignations (French Creek, et al.--Part A) (amends 25 Pa. Code Chapter 93).

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

Public Meeting held
July 30, 1998

Department of Corrections--Administration; Regulation No. 19-2

Order

   On September 10, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Corrections (Department). This rulemaking amends 37 Pa. Code §§ 91.5 and 93.3. The authority for this regulation is section 506 of The Administrative Code of 1929 (71 P. S. § 186). The proposed regulation was published in the September 20, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 22, 1998.

   The Department is deleting burdensome requirements in 37 Pa. Code § 91.5 regarding requests for media interviews of inmates in institutions. In its place, the Department is adding less burdensome provisions to 37 Pa. Code § 93.3 which will allow news media representatives essentially the same visiting privileges as immediate family members and members of the public.

   We have reviewed this regulation and find it to be in the public interest. The amendments will make media visits less burdensome for both the media and the Department. In addition, the amendments are expected to save $5,000 per year in administrative costs.

Therefore, It Is Ordered That:

   1.  Regulation No. 19-2 from the Department of Corrections, as submitted to the Commission on June 22, 1998, 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; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
July 30, 1998

Department of Revenue--Calculation of Title Insurance Company Gross Premiums; Regulation No. 15-385

Order

   On August 20, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Revenue (Department). This rulemaking adds 61 Pa. Code § 162.11. The authority for this regulation is section 408(a) of the Tax Reform Code (72 P. S. § 7408(a)). The proposed regulation was published in the August 30, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 24, 1998.

   The Department is adding section 162.11 to 61 Pa. Code to clarify the method of calculating gross premiums subject to taxation on title insurance policies. The clarification is needed to resolve inequities resulting from two different fee schedules used to calculate gross premiums subject to taxation. The Department estimates an annual tax savings for the regulated community of $1.2 million, and an equal loss in tax revenues for the Commonwealth. The Department estimates a total refund of $2.7 million to six appellants/litigants in 1997.

   We have reviewed this regulation and find it to be in the public interest. The amendment will clarify the calculation of gross premiums subject to taxation which was the subject of litigation.

Therefore, It Is Ordered That:

   1.  Regulation No. 15-385 from the Department of Revenue, as submitted to the Commission on June 24, 1998, 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; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
July 30, 1998

Department of Revenue--Super 6 Lotto; Regulation No. 15-404

Order

   On July 9, 1998, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Revenue (Revenue). This rulemaking adds 61 Pa. Code §§ 870.1--870.17. The authority for this regulation is section 3761-6 of the State Lottery Law (72 P. S. § 3761-6). Notice of proposed rulemaking was omitted for this regulation. It will become effective upon publication in the Pennsylvania Bulletin.

   This regulation establishes the procedures and rules for administering and playing a new lottery game to be called ''Super 6 Lotto.'' This new game will replace two existing lottery games called the ''Keystone Jackpot'' and ''Wild Card Lotto.'' To play Super 6 Lotto, a player pays $1 for three plays. Each single play is a selection of six numbers in a row. The range of possible numbers that can be played is 1 to 69. Drawings for the new game will be held twice a week. First prize is at least $3 million in annuity value. Some players have a two-fold complaint. The new game restricts the opportunity for the player to select numbers to one out of three plays while the odds against winning are increased. Revenue states that there will be no significant adverse fiscal impact on the Commonwealth.

   We have reviewed this regulation and find it to be in the public interest. The new game is designed to rejuvenate ticket sales in Pennsylvania and increase revenues for programs that benefit senior citizens. Moreover, this regulation conforms to the provisions of the State Lottery Law and the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 15-404 from the Department of Revenue, as submitted to the Commission on July 9, 1998, 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; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
July 30, 1998

State Real Estate Commission--Examination Fees; Regulation No. 16A-563

Order

   On July 9, 1998, the Independent Regulatory Review Commission (Commission) received this regulation from the State Real Estate Commission (SREC). This rulemaking amends 49 Pa. Code § 35.203. The authority for this regulation is found in sections 403 and 407(a) of the Real Estate Licensing and Registration Act (act) (63 P. S. §§ 455.403 and 455.407(a)). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   The regulation reduces fees for the licensing examinations for brokers, cemetery brokers, salespersons, builder-owner salespersons and rental listing referral agents. The licensing examination fees will be reduced from $49.50 to $45.

   We have reviewed this regulation and find it to be in the public interest. The act requires that examinations for licensure be prepared and administered by a professional testing organization under contract to SREC. The reduced fees represent the actual contractual rate for National Assessment Institute Block to develop, administer and grade the licensing examination.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-563 from the State Real Estate Commission, as submitted to the Commission on July 9, 1998, 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; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
July 30, 1998

Department of Public Welfare--General Eligibility Provisions; Allowances and Benefits; Resources; Income; Regulation No. 14-444

Order

   On July 6, 1998, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code Chapters 141, 175, 177 and 183. The authority for this regulation is found in sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. §§ 201(2) and 403(b)); Act 20 of 1995 (62 P. S. § 432(10)); Act 35 of 1996 (Act 35)(62 P. S. § 432(10)); and Temporary Assistance for Needy Families (42 U.S.C.A. § 408(a)(5)). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   The Department is revising its regulations to require a minor parent to live with a parent, legal guardian or other responsible adult in order to qualify for benefits. The minor parent is exempt from this requirement if he or she meets one of the exceptions provided in Act 35 and there is no other adult-supervised supportive living arrangement available. The Department originally submitted this regulation on March 31, 1998, (DPW #14-443). However, the exceptions contained in the regulation were inconsistent with the exceptions contained in Act 35. The revised regulation corrects the inconsistencies.

   We have reviewed this regulation and find it to be in the public interest. The revised final-omitted regulation brings the Department's regulations into compliance with State and Federal law.

Therefore, It Is Ordered That:

   1.  Regulation No. 14-444 from the Department of Public Welfare, as submitted to the Commission on July 6, 1998, 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; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
July 30, 1998

Environmental Quality Board--Air Quality Amendments (RBI#2); Regulation No. 7-317

Order

   On June 16, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 128, 129, 131 and 139. The authority for this regulation is section 5 of the Air Pollution Control Act (35 P. S. § 4005). The proposed regulation was published in the June 28, 1997 Pennsylvania Bulletin with a 68-day public comment period. The final-form regulation was submitted to the Commission on June 30, 1998.

   The proposal deletes obsolete alternative emission limitations in Chapter 128. Also deleted are duplicative perchloroethylene requirements for dry cleaners which predate more recent Federal requirements. Provisions for storage tanks containing volatile organic compounds are revised to conform with Federal requirements for repair of defective floating seals. Finally, the proposal deletes ambient air quality standards and sampling and analysis technique for sulfates which are no longer needed and not required by Federal law.

   We have reviewed this regulation and find it to be in the public interest. The proposal updates existing regulations by either deleting or modifying outdated requirements. The proposal is in conformance with Executive Order 1996-1 and the Department of Environmental Protection's Directive on Review of Existing Regulations and Technical Guidance.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-317 from the Environmental Quality Board, as submitted to the Commission on June 30, 1998, 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; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
July 30, 1998

Environmental Quality Board--Stream Redesignations (French Creek, et al--Part A); Regulation No. 7-306A

Order

   On March 10, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). It amends 25 Pa. Code Chapter 93 relating to water quality standards. The authority for this rulemaking is The Clean Streams Law (35 P. S. §§ 691.5(b)(1) and 691.402), section 303(c) of the Federal Clean Water Act (33 U.S.C.A. § 1313) and section 1920-A of The Administrative Code of 1929, as amended (71 P. S. § 510-20). The proposed regulation was published in the March 22, 1997 Pennsylvania Bulletin, with a 45-day public comment period. The final-form regulation was submitted to the Commission on June 30, 1998.

   This rulemaking involves the consideration of the classification of 15 streams or stream groups. Most have been redesignated to a classification which provides more stringent protection for those streams with environmental features that merit additional protection under the Department of Environmental Protection's Special Protection Waters (SPW) program. Ten of the streams or stream groups involved would be designated as SPW and two streams have received a designation under Chapter 93 for the first time. Three streams retain their current designations.

   We have reviewed this regulation and find it to be in the public interest. The revisions will update the Chapter 93 classifications of the subject streams for better conformance with applicable Pennsylvania and Federal stream antidegradation laws.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-306A from the Environmental Quality Board, as submitted to the Commission on June 30, 1998, is approved; and

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

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 98-1332. Filed for public inspection August 14, 1998, 9:00 a.m.]

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