NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[32 Pa.B. 6016]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, November 21, 2002, and announced the following:

Regulation Deemed Approved under section 5(g) of the Regulatory Review Act--Effective November 14, 2002:

   State Architects Licensure Board #16A-416: Examination Fees (49 Pa. Code Chapter 9)

Actions Taken--Regulations Approved:

   Department of Agriculture #2-135:  Dog Licensure (amends 7 Pa. Code Chapter 21)

   State Board of Education #6-275: Academic Standards and Assessment for Civics and Government; Economics; Geography and History (amends 22 Pa. Code Chapter 4)

   State Board of Education #6-276: Academic Standards and Assessment for Arts and Humanities; Health, Safety and Physical Education; and Family and Consumer Sciences (amends 22 Pa. Code Chapter 4)

   Department of Conservation and Natural Resources #7B-4: State Forest Picnic Areas (amends 17 Pa. Code Chapter 23)

   Insurance Department #11-210: Workers' Compensation Security Fund (amends 31 Pa. Code Chapter 165)

   Underground Storage Tank Indemnification Board #11-216: Fees and Collection Procedures (amends 25 Pa. Code Chapter 977)

   Department of Public Welfare #14-452: Early Intervention Services (amends 55 Pa. Code by adding Chapter 4226 and deleting Chapter 4225)

   State Board of Certified Real Estate Appraisers #16A-7011: Fees for Board Services (amends 49 Pa. Code Chapter 36)

Approval Order

Public Meeting held
November 21, 2002

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

Department of Agriculture--Dog Licensure;
Regulation No. 2-135

   On December 21, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking amends 7 Pa. Code Chapter 21. The proposed regulation was published in the January 5, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 21, 2002.

   This regulation amends the dog licensure regulations to make them consistent with licensure requirements in Act 151 of 1996. Specifically, the regulation establishes procedures for obtaining a lifetime license when a dog is implanted with a microchip. It also updates record keeping requirements.

   We have determined this regulation is consistent with the statutory authority of the Department (3 P. S. § 459-201(b)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

Approval Order

Public Meeting held
November 21, 2002

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

State Board of Education--Academic Standards and Assessment for Civics and Government; Economics; Geography and History; Regulation No. 6-275

   On January 31, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Education (Board). This rulemaking amends 22 Pa. Code Chapter 4. The proposed regulation was published in the February 16, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 3, 2002. On September 11, 2002, the Board withdrew this final-form regulation. On October 18, 2002, the Board resubmitted the final-form regulation to the Commission.

   The regulation establishes specific academic standards for the subject areas of Civics and Government, Economics, Geography and History. The standards describe what students are expected to know by the end of the third, sixth, ninth and twelfth grades.

   We have determined this regulation is consistent with the statutory authority of the Board (24 P. S. § 26-2603-B(k)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

Approval Order

Public Meeting held
November 21, 2002

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

State Board of Education--Academic Standards and Assessment for Arts and Humanities; Health, Safety and Physical Education; and Family and Consumer Sciences; Regulation No. 6-276

   On January 31, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Education (Board). This rulemaking amends 22 Pa. Code Chapter 4. The proposed regulation was published in the February 16, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was initially submitted to the Commission on September 3, 2002, but was subsequently withdrawn to correct some technical errors. The final-form regulation was resubmitted on October 18, 2002.

   The final-form regulation incorporates three sets of academic standards. The first set describes what students are expected to know by the end of the third, fifth, eighth and twelfth grades for Arts and Humanities. The second and third sets describe what students are expected to know by the end of third, sixth, ninth and twelfth grades for Health, Safety and Physical Education, and Family and Consumer Sciences.

   We have determined this regulation is consistent with the statutory authority of the Board (24 P. S. § 26-2603-B(k)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

Approval Order

Public Meeting held
November 21, 2002

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

Department of Conservation and Natural Resources--
State Forest Picnic Areas; Regulation No. 7B-4

   On May 22, 2002, 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 23. The proposed regulation was published in the June 8, 2002, Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on October 25, 2002.

   This regulation modifies some rules of conduct for visitors, eliminates duplicative language, makes clarifications, and adds definitions.

   We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. §§ 1340.302 and 1340.313, and 18 Pa.C.S. §§ 7505 and 7506) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

Approval Order

Public Meeting held
November 21, 2002

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

Insurance Department--Workers' Compensation Security Fund; Regulation No. 11-210

   On July 2, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code Chapter 165. The proposed regulation was published in the July 13, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 25, 2002.

   This final-form regulation establishes procedures to administer the Workers' Compensation Security Fund (Fund) and sets forth how contributions will be made to the Fund. Mandated by Act 49 of 2000, the regulation will apply to all insurers licensed to write Workers' Compensation insurance in this Commonwealth.

   We have determined this regulation is consistent with the statutory authority of the Department (77 P. S. §§ 1051--1066) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

Approval Order

Public Meeting held
November 21, 2002

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

Underground Storage Tank Indemnification Board--
Fees and Collection Procedures; Regulation No. 11-216

   On October 25, 2002, the Independent Regulatory Review Commission (Commission) received this regulation from the Underground Storage Tank Indemnification Board (Board). This rulemaking amends 25 Pa. Code Chapter 977. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This final-omitted rulemaking increases the gallon fee from $0.001 per gallon to $0.01; the capacity fee from $0.02 per gallon of capacity to $0.075; and reflects the increase of the limits of liability prescribed by Act 99 of 2001. The fee increases are needed to ensure the solvency of the Underground Storage Tank Indemnification Fund based on an actuarial analysis.

   We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 6021.705) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

Approval Order

Public Meeting held
November 21, 2002

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

Department of Public Welfare--Early Intervention Services; Regulation No. 14-452

   On May 23, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code by adding Chapter 4226 and deleting Chapter 4225. The proposed regulation was published in the June 3, 2000, Pennsylvania Bulletin with a 150-day public comment period. The final-form regulation was submitted to the Commission on October 24, 2002.

   This final-form regulation codifies procedures and standards for providing early intervention services to children under age 3 who receive services from the County Mental Health and Mental Retardation programs. Mandated by Act 212 of 1990, the regulation sets forth a county's responsibilities for early intervention services.

   We have determined this regulation is consistent with the statutory authority of the Department (11 P. S. §§ 875-101--875-503) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

Approval Order

Public Meeting held
November 21, 2002

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

State Board of Certified Real Estate Appraisers--
Fees for Board Services; Regulation No. 16A-7011

   On October 4, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Certified Real Estate Appraisers (Board). This rulemaking amends 49 Pa. Code Chapter 36. The proposed regulation was published in the October 14, 2000, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 24, 2002.

   The Board is required to establish fees that cover expenditures over a biennial period. As a result of an audit, the Board identified five existing fees that were less than the actual cost of providing the services. In addition to increases in these five fees, the Board has also added a new fee for processing an application to be a continuing education provider.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 457.5(6)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 02-2195. Filed for public inspection December 6, 2002, 9:00 a.m.]

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