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PA Bulletin, Doc. No. 05-1061

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[35 Pa.B. 3187]

   The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, May 12, 2005, and announced the following:

Regulations Approved

   Department of Transportation #18-395: Ignition Interlock (amends 67 Pa. Code Chapter 88)

   Department of Public Welfare #14-489: Subsidized Child Care Eligibility (deletes 55 Pa. Code Chapter 3040 and adds 55 Pa. Code Chapter 3041)

   Environmental Quality Board #7-394: Storage, Handling and Use of Explosives (amends 25 Pa. Code §§ 211.101, 211.111, 211.113 and 211.115)

Approval Order

Public Meeting held
May 12, 2005

Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

Department of Transportation--Ignition Interlock; Regulation No. 18-395

   On August 24, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code Chapter 88. The proposed regulation was published in the September 4, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 12, 2005.

   This regulation implements the ignition interlock requirements contained in Act 24 of 2003. The regulation codifies the Department's existing policy statement on the installation of ignition interlock systems on vehicles owned by or registered to certain individuals who have been convicted of driving under the influence of alcohol or a controlled substance.

   We have determined this regulation is consistent with the statutory authority of the Department (75 Pa.C.S. §§ 3805 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.

Approval Order

Public Meeting held
May 12, 2005

Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

Department of Public Welfare--Subsidized Child Care Eligibility; Regulation No. 14-489

   On August 31, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Public Welfare (Department). This rulemaking deletes Chapter 3040 from 55 Pa. Code and adds Chapter 3041. The proposed regulation was published in the September 11, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 7, 2005.

   This regulation amends the eligibility requirements for families seeking subsidized child care benefits.

   We have determined this regulation is consistent with the statutory authority of the Department (62 P. S. §§ 701--703) 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
May 12, 2005

Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson, dissenting; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

Environmental Quality Board--Storage, Handling and Use of Explosives; Regulation No. 7-394

   On February 8, 2005, the Independent Regulatory Review Commission (Commission) received this regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code §§ 211.101, 211.111, 211.113 and 211.115. Notice of proposed rulemaking was omitted for this regulation. At its March 10, 2005 public meeting, the Commission voted to disapprove the regulation. On April 22, 2005, the Board submitted its report containing the revised regulation to the Commission.

   This regulation amends the procedures, requirements and standards for explosive storage facilities to deter the theft of explosives. It is being promulgated as a result of the combined efforts of the Department of Environmental Protection, Pennsylvania State Police and Governor's Office of Homeland Security.

   We have determined this revised regulation is consistent with the statutory authority of the Board (73 P. S. § 161 and 71 P. S. § 751-35) 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 now in the public interest.

By Order of the Commission:

   This regulation is approved.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 05-1061. Filed for public inspection May 27, 2005, 9:00 a.m.]


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