NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[33 Pa.B. 2561]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, May 8, 2003, and announced the following:

Regulations Approved:

   Department of Transportation #18-383: Enhanced Emission Inspection Program (amends 67 Pa. Code Chapter 177)

   Treasury Department #64-3: Estimation Calculations for Determining Unclaimed Property Liability (amends 61 Pa. Code Chapter 951)

   State Board of Certified Real Estate Appraisers #16A-7013: Biennial Renewal Fees and Examination Fees (amends 49 Pa. Code Chapter 36)

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Approval Order

Public Meeting held
May 8, 2003

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; Murray Ufberg, Esq.

Department of Transportation--Enhanced Emission Inspection Program; Regulation No. 18-383

   On April 9, 2003, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code Chapter 177. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This regulation adopts alternate revised final exhaust emission standards developed by the United States Environmental Protection Agency for vehicles subject to the acceleration simulation mode test. These standards are designed for emissions testing in the five-county Philadelphia area (Bucks, Chester, Delaware, Montgomery and Philadelphia Counties).

   We have determined this regulation is consistent with the statutory authority of the Department (75 Pa.C.S. §§ 4103, 4531, 4701, 4706 and 6103) 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.

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Approval Order

Public Meeting held
May 8, 2003

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; Murray Ufberg, Esq.

Treasury Department--Estimation Calculations for Determining Unclaimed Property Liability;
Regulation No. 64-3

   On November 18, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Treasury Department (Department). This rulemaking amends 61 Pa. Code Chapter 951. The proposed regulation was published in the November 30, 2002, Pennsylvania Bulletin with a 30-day public comment period. Under section 5(e) of the Regulatory Review Act (71 P. S. § 745.5(e)), the Department resubmitted the proposed regulation on February 6, 2003. The final-form regulation was submitted to the Commission on March 26, 2003.

   This regulation adds a new section that sets forth estimation procedures. The Department will use the estimation procedures when a holder of unclaimed property has insufficient records to determine its actual amount of liability.

   We have determined this regulation is consistent with the statutory authority of the Department (72 P. S. § 1301.26(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.

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Approval Order

Public Meeting held
May 8, 2003

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; Murray Ufberg, Esq.

State Board of Certified Real Estate Appraisers--Biennial Renewal Fees and Examination Fees;
Regulation No. 16A-7013

   On September 25, 2002, 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 5, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 31, 2003.

   This regulation raises, establishes and eliminates fees for Certified Real Estate Appraisers, Certified Brokers and Appraisers, and Certified Pennsylvania Evaluators. The Board's enabling statute requires it to set fees to generate revenues that meet or exceed expenditures in a biennial period. The existing fees have not been changed since 1993.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 457.5(6), 457.9 and 458.9) 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. 03-998. Filed for public inspection May 23, 2003, 9:00 a.m.]

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