NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[28 Pa.B. 5818]

   The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, November 5, 1998, and took the following actions:

Regulations Approved:

   Environmental Quality Board #7-330: New Motor Vehicle Emissions Control Program (NMVECP) (amends 25 Pa. Code Chapters 121 and 126).

   Department of Revenue #15-397: Single Factor Apportionment (amends 61 Pa. Code Chapters 155 and 170).

   State Board of Auctioneer Examiners #16A-642: Biennial Renewal Fees (amends 49 Pa. Code §§ 1.23 and 1.25 and adds § 1.41).

   Department of Conservation and Natural Resources #7B-1: State Forests (amends 17 Pa. Code Chapter 21).

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

Public Meeting held
November 5, 1998

Environmental Quality Board--New Motor Vehicle Emissions Control Program (NMVECP); Regulation No. 7-330

Order

   On November 13, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapters 121 and 126. The authority for this regulation is contained in 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)). The proposed regulation was published in the November 29, 1997 edition of the Pennsylvania Bulletin, with a 75-day public comment period. The final-form regulation was submitted to the Commission on October 5, 1998.

   The EQB has proposed a new motor vehicle emissions control program to reduce the emissions of nitrogen oxide and volatile organic compounds in Pennsylvania. These final rules will require automobile manufacturers to meet specific tailpipe standards for new automobiles and trucks weighing less than 6,000 pounds. This regulation is in response to Federal Clean Air Act requirements.

   The Environmental Protection Agency has approved the National Low Emission Vehicle (NLEV) program as a voluntary alternative to the emission standards of the California Low Emission Vehicle Program. This rulemaking implements the provisions of the NLEV program for Pennsylvania. If NLEV ceases to be effective or an automobile manufacturer opts out of the NLEV program, the standards of the backup Pennsylvania Clean Vehicles Program would apply.

   We have reviewed this regulation and find it to be in the public interest. The regulation is necessary to help Pennsylvania improve its air quality by reducing ozone pollution and to meet Federal Clean Air Act requirements.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-330 from the Environmental Quality Board, as submitted to the Commission on October 5, 1998, is approved; and

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

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

Public Meeting held
November 5, 1998

Department of Revenue--Single Factor Apportionment; Regulation No. 15-397

Order

   On January 13, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Revenue (Department). This rulemaking amends 61 Pa. Code Chapters 155 and 170. The authority for this regulation is sections 408 and 603 of the Tax Reform Code (72 P. S. §§ 7408 and 7603). The proposed regulation was published in the January 24, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 7, 1998.

   The Department of Revenue (Department) is amending Chapter 155, Capital Stock and Foreign Franchise Tax (Tax), to add an exemption to section 155.10 (Single factor apportionment). The proposal also repeals a November 1997 Statement of Policy (S0P) to exempt student loan assets.

   Student loan assets owned or held by a trust or other entity for the securitization of student loans will be exempt from the Tax. Exemptions include: student loan notes; Federal, State or private subsidies or guarantees; instruments that represent a guarantee of debt, certificates or other securities; contract rights to acquire or dispose of student loans and interest rate swap agreements; interest in or debt obligations of other student loan securitization trusts or entities; and cash or cash equivalents representing reserve funds or payments on notes or securities.

   We have reviewed this regulation and find it to be in the public interest. This amendment codifies the change made by Act 45 of 1998. The Department anticipates the business trust Tax exemption will maintain or increase the availability of financing for student loans.

Therefore, It Is Ordered That:

   1.  Regulation No. 15-397 from the Department of Revenue, as submitted to the Commission on October 7, 1998, is approved; and

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

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

Public Meeting held
November 5, 1998

State Board of Auctioneer Examiners--Biennial Renewal Fees; Regulation No. 16A-642

Order

   On March 17, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Auctioneer Examiners (Board). This rulemaking amends 49 Pa. Code §§ 1.23 and 1.25 and adds § 1.41. The authority for this regulation is found in 63 P. S. § 734.6. The proposed regulation was published in the March 28, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 6, 1998.

   The Board is increasing the biennial licensure renewal fees for apprentice auctioneers, auctioneers, auction companies and auction houses. Existing fees range from $30 to $50. The revised fees range from $100 to $200.

   We have reviewed this regulation and find it to be in the public interest. The revised fees will provide the Board with adequate funds to eliminate its deficit and cover its operating expenses. With the implementation of the revised fees, the Board anticipates that it will not have to increase fees for at least three biennial periods.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-642 from the State Board of Auctioneer Examiners, as submitted to the Commission on October 6, 1998, is approved; and

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

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

Public Meeting held
November 5, 1998

Department of Conservation and Natural Resources-- State Forests; Regulation No. 7B-1

Order

   On September 2, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Conservation and Natural Resources (Department). This rulemaking amends 17 Pa. Code Chapter 21. The authority for this regulation is 71 P. S. § 1340.313. The proposed regulation was published in the September 13, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 5, 1998.

   We have reviewed this regulation and find it to be in the public interest. The amendments update a broad range of provisions that are more than 25 years old. The Department states that recreational and commercial use of State forest land has increased dramatically in that time period. In addition, the Department has made many amendments to the language of the regulation to make it clearer.

Therefore, It Is Ordered That:

   1.  Regulation No. 7B-1 from the Department of Conservation and Natural Resources, as submitted to the Commission on October 5, 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. 98-1920. Filed for public inspection November 20, 1998, 9:00 a.m.]

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