NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[28 Pa.B. 5636] The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, October 22, 1998, and took the following actions:
Regulations Approved:
Department of Transportation #18-331: Vehicle Equipment and Inspection (amends 67 Pa. Code Chapter 175)
State Board of Veterinary Medicine #16A-575: Professional Conduct (deletes 49 Pa. Code § 31.21, Principle 7, Paragraph (h))
Pennsylvania Public Utility Commission #57-184: Standards for Changing Customer's Electric Supplier (amends 52 Pa. Code Chapter 57)
Regulations Deemed Approved under Section 5(g) of the Regulatory Review Act--Effective October 14, 1998.
Pennsylvania Public Utility Commission #57-196: Motor Carrier Property Applications (amends 52 Pa. Code §§ 3.381 and 5.51)
____Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
October 22, 1998Department of Transportation--Vehicle Equipment and Inspection; Regulation No. 18-331
Order On August 21, 1996, the Independent Regulatory Review Commission received this proposed regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code Chapter 175. The authority for this regulation is found in sections 4103, 4301, 4501, 4521 and 6103 of the Vehicle Code (75 Pa.C.S. §§ 4103, 4301, 4501, 4521 and 6103). The proposed regulation was published in the August 31, 1996 edition of the Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 29, 1998.
The amendments clarify existing state inspection requirements for motor vehicles and add additional criteria regarding acceptable vehicle equipment and modifications, including after-market equipment applications. Approximately 18,000 official inspection stations and about 80,000 official inspection mechanics will be required to enforce these amended rules. Owners of vehicles that are not in compliance with these revised requirements will incur some costs to conform their vehicles in order to pass periodic state inspections.
We have reviewed this regulation and find it to be in the public interest. The revised regulation sets forth more clearly defined vehicle equipment and modification standards. It will also address the growing public safety concern regarding vehicle accidents, injuries, and fatalities attributable to dangerous and unregulated vehicle modifications.
Therefore, It Is Ordered That:
1. Regulation No. 18-331 from the Department of Transportation, as submitted to the Commission on September 29, 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
October 22, 1998State Board of Veterinary Medicine--Professional Conduct; Regulation No. 16A-575
Order On September 24, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Veterinary Medicine (Board). This rulemaking deletes 49 Pa. Code § 31.21, Rules of Professional Conduct for Veterinarians, Principle 7, Veterinarian/client relationships, Paragraph (h). Paragraph (h) requires a veterinarian to give a client a 30-day written notice prior to withdrawal of services. The authority for this regulation is 63 P. S. § 485.5(2). The proposed regulation was published in the October 5, 1996 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 17, 1998.
The Senate Consumer Protection and Professional Licensure Committee approved this regulation on September 29, 1998. The House Professional Licensure Committee filed a letter on October 2, 1998, stating they have no comments.
We have reviewed this regulation and find it to be in the public interest. The Board concluded that a specific standard governing abandonment of animals is not necessary in the Code of Conduct. Other principles in the Code of Conduct establish that while the animal is under the care of a veterinarian, the veterinarian may not neglect the animal and is responsible for his actions in caring for the animal. Therefore, Principle 7 was duplicative and unnecessary.
Therefore, It Is Ordered That:
1. Regulation No. 16A-575 from the State Board of Veterinary Medicine, as submitted to the Commission on September 17, 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
October 22, 1998Pennsylvania Public Utility Commission--Standards for Changing Customer's Electric Supplier; Regulation No. 57-184
Order On September 30, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapter 57. The authority for this regulation is 66 Pa.C.S. §§ 501 and 2807(d)(1). The proposed regulation was published in the October 11, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 22, 1998.
The regulation governs customer selection of an electric generation supplier (supplier). It ensures that an electric distribution company (EDC) does not change a customer's supplier without direct oral confirmation from the customer, or written evidence of the customer's consent as required by the Electric Generation Choice and Competition Act of 1996.
The Senate Consumer Protection and Professional Licensure Committee approved the regulation on September 29, 1998.
The final-form regulation underwent substantial revisions from the proposed version. It now reflects the method of communication, electronic data transfer, developed by suppliers and EDCs during the pilot program. Although we support the PUC's efforts, we have identified three sections of the final-form regulation where clarity could be improved.
First, section 57.174 references ''electronic data transfer and exchange standards'' but does not include a citation nor indicate where such standards can be found. The standards referenced are contained in an order adopted by the PUC. A reference to that order could be included in a future rulemaking or the PUC could publish a policy statement incorporating the standards. Either option would clarify what the data transfer standards are. The other clarity issues which follow could be resolved in a future rulemaking.
Section 57.174 states the EDC must make the supplier change at the beginning of the first ''feasible'' billing period. It is not clear what conditions would impact the ''feasibility'' of a change following the 10-day waiting period.
Section 57.173(a)(1) requires the supplier to notify the EDC of the customer's supplier selection by the end of the next business day following the ''customer contact.'' We understand the ''contact'' is intended to be the execution of an agreement. This interpretation is clarified in correspondence from the PUC to EDCs and suppliers on August 17, 1998. However, it is not clear in the regulation.
Finally, section 57.172 addresses procedures for contact made ''orally'' by a customer with the EDC. The section does not indicate whether the procedures apply to written comments.
We have reviewed this regulation and find it to be in the public interest. The proposal protects consumers against a practice known as ''slamming'' and establishes procedures to be used by EDCs and suppliers during the change of a customer's supplier.
Therefore, It Is Ordered That:
1. Regulation No. 57-184 from the Pennsylvania Public Utility Commission, as submitted to the Commission on September 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
October 22, 1998Pennsylvania Public Utility Commission--Motor Carrier Property Applications; Regulation No. 57-196
Order On April 28, 1998, the Independent Regulatory Review Commission (Commission) received the proposed version of this regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking would amend 52 Pa. Code §§ 3.381 and 5.51. The authority for this regulation is section 501 of the Public Utility Code (66 Pa.C.S. § 501). The proposed version of this regulation was published in the May 9, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form version of this regulation was submitted to the Commission on September 22, 1998.
This regulation represents an important step in the ''deregulation'' of the motor carrier industry. In 1994, the United States Congress amended the Interstate Commerce Act to preempt state regulation of motor carriers of property in the areas of rates, routes and service. In response to this change in Federal law, this regulation will excise existing requirements that new motor carrier applications be published in the Pennsylvania Bulletin. Since the PUC no longer regulates rates, routes and service, there is no need to publish these applications. The PUC claims that this regulation will streamline the application process, increase the PUC's speed in handling applications and reduce costs for applicants.
The final-form regulation contains no changes from the proposed regulation. We did not file any comments on the proposed regulation. Furthermore, the House Consumer Affairs Committee did not convey any recommendations, comments or objections to this regulation, and the Senate Consumer Protection and Professional Licensure Committee approved the final-form regulation on September 29, 1998.
Therefore:
The Commission will notify the Legislative Reference Bureau that Regulation No. 57-196 from the Pennsylvania Public Utility Commission, as submitted to the Commission on September 22, 1998, was deemed approved under section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) on October 14, 1998.
JOHN R. MCGINLEY, Jr.,
Chairperson
[Pa.B. Doc. No. 98-1853. Filed for public inspection November 6, 1998, 9:00 a.m.]
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