NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Notice of Comments Issued
[32 Pa.B. 5358] Section 5(d) of the Regulatory Review Act (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 Committee comment period. The Commission's comments are based upon the criteria contained in section 5.1(h) and (i) of the Act (71 P. S. § 745.5a(h) and (i)).
The Commission has issued comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.
Reg. No. Agency/Title Close of the Public Comment Period IRRC Comments Issued 47-10 Milk Marketing Board 9/9/02 10/10/02
Milk Marketing Fees 32 Pa.B. 3953 (August 10, 2002)
Milk Marketing Board Regulation
No. 47-10
Milk Marketing Fees
October 10, 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 Milk Marketing Board (Board) must respond to these comments when it submits the final-form regulation. If the final-form regulation is not delivered within 2 years of the close of the public comment period, the regulation will be deemed withdrawn.
1. General.--Direct and indirect costs to the Commonwealth, political subdivisions and private sector; Need; Clarity.
Fee Increases
In the Preamble, the Board states that the current fees will produce a declining balance in the Milk Marketing Fund with an anticipated deficit in the 2005-2006 fiscal year. This rulemaking increases license and certification fees. It also increases the hundredweight fee for milk that has a fixed minimum wholesale price from $.035 to $.055 and increases the hundredweight fee for milk that does not have a fixed wholesale price from $.005 to $.0064. The Board projects that these increases will produce an additional $590,000 per year. This would increase the Board's ending balance from $1,354,000 for the 2003-2004 fiscal year to a balance of $2,113,000 for the 2006-2007 fiscal year.
The Pennsylvania Association of Milk Dealers (PAMD) objected to the fee increases, in particular, the increase of the hundredweight fees. We also object to the proposed hundredweight fee increases. We believe the revenue generated by these increases is excessive. The Board has failed to explain the need for increasing the projected ending balance in the 2006-2007 fiscal year by $759,000.
Additionally, the Board has failed to explain why fees should be increased in the 2003-2004 fiscal year when a deficit is not projected until the 2005-2006 fiscal year.
We recommend that the proposed hundredweight of milk fee increases be reduced by at least 1/2 of the planned increases. This will bring the Board's projected revenues more closely in line with their projected expenditures.
If after the reduced fees become effective the Board determines the reduced fee increases do not produce sufficient revenue to meet its funding requirements, a second rulemaking can be initiated at a later date. This will enable the Board to base a subsequent fee increase, if needed, on more recent revenue and expenditure data.
Board forms
Sections 150.13(a), (b) and (c), 150.23(a) and (b), 150.53(a) and 150.72(a) contain the phrase ''form provided by the Board.'' The final-form regulation should designate the form name or form number required by each provision and list where the forms can be obtained.
Further, is it possible to get a form from the Board's website? If so, the Board should include this in the regulation.
2. Section 150.13. Time for payment of fees.--Clarity.
Subsection (b) states, ''Fees exceeding $2,000 may be paid in four substantially equal installments . . . . '' The word ''substantially'' is vague and should be deleted in the final-form regulation.
JOHN R. MCGINLEY, Jr.,
Chairperson
[Pa.B. Doc. No. 02-1909. Filed for public inspection October 25, 2002, 9:00 a.m.]
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