NOTICES

Notice of Comments Issued

[32 Pa.B. 1592]

   Section 5(d) of the Regulatory Review Act (71 P. S. § 745.5(d)) provides that the designated standing Committees may issue comments within 20 days of the close of the public comment period, and the Independent Regulatory Review Commission (Commission) may issue comments within 10 days of the close of the Committees' comment period. The Commission's comments are based upon the criteria contained in section 5.1(h) and (i) of the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)).

   The Commission issued comments on the following proposed regulations. The agencies must consider these comments in preparing the final-form regulations. The final-form regulations must be submitted by the dates indicated.

			Final-Form
			Submission
Reg. No.	Agency/Title	Issued	Deadline
#2-135	Department of    Agriculture    Dog Licensure	3/7/02	2/4/04
	(32 Pa.B. 66 (January 5, 2002))
#7-357	Environmental Quality    Board    Noncoal Underground       Mines and Other       Excavations	3/8/02	2/6/04
	(31 Pa.B. 6672 (December 8, 2001))

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Department of Agriculture Regulation No. 2-135
Dog Licensure
March 7, 2002

   We submit for consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The Department of Agriculture (Department) must respond to these Comments when it submits the final-form regulation. If the final-form regulation is not delivered by February 4, 2004, the regulation will be deemed withdrawn.

1.  Fiscal impact of the regulation on county treasurers.--Economic and fiscal impact.

   In response to Question #18 on the Regulatory Analysis Form, the Department states that this regulation will not impose any compliance costs on local governments. However, county treasurers assert that they will incur costs for updating their computer programs to accommodate both the license number and the microchip number. The Department should include an analysis of the costs for counties to update their computer programs when it submits the final-form regulation.

2.  Process for applying for a lifetime dog license.--Reasonableness.

   As written, the proposed regulation requires a dog owner to apply for a lifetime license prior to having a dogmicrochipped. After the microchip is installed, the person installing the chip records the microchip number on the license application, and the dog owner returns the completed paperwork to the county treasurer's office. The lifetime license is then issued.

   Commentators have noted that this procedure is overly complicated for dogs which are microchipped. After a dog is microchipped, the owner could simply bring the microchip certificate to the county treasurer's office, at which point, the microchip identification number could be recorded and the lifetime license could be issued.

   We agree with the commentators that the proposed process appears to be unnecessarily complicated. The Department should consider adopting a more streamlined process for granting a lifetime license for microchipped dogs.

3.  Section 21.1.  Definitions.--Need.

   This section defines the term ''releasing agency.'' However, this term is not used elsewhere in Chapter 21. Therefore, it appears that the definition of this term is unnecessary and should be deleted.

4.  Section 21.4.  Penalties.--Clarity.

   The Department is proposing to delete this section which contains the penalties for the violation of this chapter. In the Preamble, the Department indicates, ''there is no need to repeat the penalties in the regulation.'' For clarity, rather than eliminate the penalty section in its entirety, the Department should consider replacing the content of this section with a cross-reference to the section relating to penalties contained in the Dog Law at 3 P. S. § 459-201(c).

5.  Section 21.51.  Lifetime dog license issuance.--Consistency with the statute; Reasonableness; Clarity.

Subsection (b)

   Paragraphs (b)(2) and (7) require the county treasurer to ''assign'' or ''issue'' the microchip license number. Paragraph (c)(1) also refers to the microchip license number ''assigned'' by the treasurer. Commentators have noted that the microchip number is preprogrammed into the chip by the manufacturer, and cannot be ''assigned'' by the county treasurer.

   In the final-form regulation, paragraphs (b)(2), (7) and (c)(1) should be amended to clarify that the lifetime license number will be assigned by the county treasurer. In instances where microchipping is used, the county treasurer will record the microchip number, as well as the license number, on the license certificate.

Subsection (c)

   This subsection addresses the dog owner's responsibilities for obtaining a lifetime dog license. However, this subsection does not specifically address the process to be followed for owners who had their dogs microchipped before the effective date of this regulation, or for new owners of previously microchipped dogs. The final-form regulation should specify the process for these parties to obtain lifetime dog licenses.

   Paragraph (c)(3) states that the ''person implanting the microchip shall record the identifying number on the microchip on the tattoo/microchip license certificate.'' This sentence is confusing. It appears that the intent is to require the microchip number to be recorded on the license certificate. The final-form regulation should be revised to make the intent of this provision clearer.

Subsection (d)

   Paragraph (d)(1) states that the county treasurer will issue the lifetime license and tag ''upon receipt of the properly completed tattoo/microchip certificate . . . .'' Prior to obtaining a lifetime license, the dog owner must also remit the appropriate fee set forth in the Dog Law. For clarity, this subsection should contain a cross-reference to the fees established in 3 P. S. § 459-201(b).

   In paragraph (d)(2), should the reference to the ''microchip-license number'' be changed to ''lifetime license number''?

   Paragraph (d)(3) refers to a 50¢ issuance fee. However, section 200(b) of the Dog Law (3 P. S. § 459-200(b)) authorizes a $1 fee. In the final-form regulation, the fee referenced in paragraph (d)(3) should be consistent with the Dog Law.

Subsection (e)

   In this subsection, the phrase ''with the county treasurer's copy behind filed in sequence'' is confusing. The Department should clarify this phrase in the final-form regulation.

6.  Section 21.52.  Recordkeeping for lifetime dog licenses.--Need; Clarity.

   This section repeats the requirement in § 21.51(e) that ''the county treasurer or an agent shall mail or electronically transmit a monthly record of lifetime licenses information to the Department.'' The Department should eliminate one of the repetitious provisions.

   The regulation provides that the counties are to retain the records for 20 years. How long is the Department going to retain records for lifetime dog licenses?

7.  Section 21.53.  Transfer of lifetime dog licenses.--Clarity.

   This section provides the issuance of a new license or tag is not required when transferring a lifetime dog license. We have four concerns.

   First, the regulation does not specify a period of time within which an owner must notify the county that issued the lifetime license after a change of address or change of ownership.

   Second, the regulation is unclear as to what information is necessary for the owner to provide as part of the transfer application.

   Third, section 205(a) of the Dog Law (3 P. S. § 459-205(a) specifies a $1 fee for transferring a license. This fee is neither included nor cross-referenced in the regulation.

   Finally, the regulation is silent regarding the applicability of the transfer process for a dog owner moving to this Commonwealth from another state with a dog that has already been tattooed or implanted with a microchip in the former state of residence.

   Clarity would be improved if this information were included in the final-form regulation.

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Environmental Quality Board Regulation No. 7-357
Noncoal Underground Mines and Other Excavations
March 8, 2002

   We submit for consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The Environmental Quality Board (EQB) must respond to these Comments when it submits the final-form regulation. If the final-form regulation is not delivered by February 6, 2004, the regulation will be deemed withdrawn.

1.  Section 207.211.  Safety requirements.--Clarity.

   Subsection (c) requires documents sent to the United States Department of Labor, Mine Safety and Health Administration to also be submitted to the Department of Environmental Protection (Department). The regulation should specify where those documents should be sent.

2.  Section 207.214.  Certificate of qualification application requirements.--Clarity.

   Subsection (2) uses the phrase ''certified official under the Pennsylvania Anthracite Coal Mine Act (52 P. S. §§ 70-101--70-145) or the Pennsylvania Bituminous Coal Mine Act (52 P. S. §§ 701-101--701-706) . . . .'' If the term ''certified official'' is defined in statute, the regulation should provide a specific cross-reference to where the definition and the associated qualifications can be found. If the term is not defined in statute, the regulation should define the term.

3.  Section 207.215.  Standards for issuing certificates of qualification.--Reasonableness; Clarity.

   Subsection (a) requires applicants to pass an examination to obtain a certificate of qualification. In the Preamble, the EQB states the Department has been using a voluntary program to certify mine foremen for noncoal mines. Will foremen who hold a voluntary certificate of qualification be granted certification without taking another examination when this rulemaking is implemented? If so, language should be added to the final-form regulation to allow voluntary certificate holders to qualify.

4.  Section 207.303.  Approvals.--Clarity.

   For a business to operate in a mined-out area, a developed facility must be ''approved by the Department.'' Is there a specific provision or citation in which a developed facility is ''approved by the Department''?

5.  Section 207.312.  Lighting.--Clarity.

Subsection (a)

   This subsection requires a ''permanent lighting system,'' but does not specify what would meet this requirement. The regulation should include or reference what qualifies as ''a permanent lighting system.''

Subsection (b)

   This subsection includes two vague requirements.

   First, this subsection requires ''an emergency lighting system meeting the requirements of the Department.'' Does the Department have existing regulations that address the requirements of an emergency lighting system? If so, this subsection should provide a cross-reference to the requirements. If not, this subsection should specify the requirements an emergency lighting system must meet.

   Second, this subsection allows the owner to provide each worker with ''an approved personal lamp.'' What is an approved personal lamp?

6.  Section 207.314.  Ventilation.--Clarity.

   Subsection (a) requires mechanical ventilation systems to be approved by the Department. How does the owner obtain Department approval?

7.  Section 207.317.  Record of inspection.--Clarity.

   This section includes the requirement that the log be dated and signed. It is unclear whether the requirement to date and sign applies to the entire log or each individual entry. The regulation should specify that each individual entry into the log should be dated and signed.

   The last sentence of this section is unclear. It states, ''Corrections or orders required by the Department representative shall be in writing and shall become part of the log.'' Can the Department representative require orders? Is the Department representative required to date and sign a log entry for a correction or order?

8.  Section 207.318.  Storage of flammable liquids.--Protection of the public safety; Clarity.

   Both subsections (a) and (b) specify requirements for storage of flammable liquids, but end with the phrase ''unless otherwise approved by the Department.'' How is this approval requested? Does a Department representative have authority to issue approval? Is the approval required to be in writing? This information should be included in the final-form regulation.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 02-476. Filed for public inspection March 22, 2002, 9:00 a.m.]

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