NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[36 Pa.B. 1555]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Tuesday, March 21, 2006, and announced the following:

Regulations Approved

   State Board of Auctioneer Examiners #16A-646: Corrective Amendment to Schedule of Fees (amends 49 Pa. Code § 1.41)

   Board of Pardons #56-3: Representation of Applicant: (amends 37 Pa. Code § 81.282)

   State Conservation Commission #7-390: Nutrient Management (amends 25 Pa. Code Chapter 83)

   State Board of Examiners in Speech-Language and Hearing #16A-6802: Continuing Education (amends 49 Pa. Code Chapter 45)

   Pennsylvania Public Utility Commission #57-229: Permanent Standards of Conduct (adds §§ 62.141 and 62.142 to 52 Pa. Code)

   Pennsylvania Public Utility Commission #57-236: Practice and Procedure Before the Commission (amends 52 Pa. Code Chapters 1, 3 and 5)

____

Approval Order

Public Meeting held
March 21, 2006

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

State Board of Auctioneer Examiners--Corrective Amendment to Schedule of Fees; Regulation No. 16A-646

   On January 30, 2006, the Independent Regulatory Review Commission received this regulation from the State Board of Auctioneer Examiners (Board). This rulemaking amends 49 Pa. Code § 1.41. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This rulemaking corrects the official text of the Board's regulations pertaining to schedule of fees. It clarifies that the application fee for an auction house and an auction company is $50 and the fee for the biennial renewal for an auction house and an auction company is $200.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 734.6(a)) 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
March 21, 2006

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

Board of Pardons--Representation of Applicant; Regulation No. 56-3

   On February 9, 2006, the Independent Regulatory Review Commission (Commission) received this regulation from the Board of Pardons. This rulemaking amends 37 Pa. Code § 81.282. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This regulation clarifies that persons who are unable to apply for clemency due to mental incompetence or mental disability may be represented by a legal guardian, next friend or other person authorized by law to act on behalf of the applicant.

   We have determined this regulation is consistent with the statutory authority of the Board of Pardons (71 P. S. § 299(c)) 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
March 21, 2006

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

State Conservation Commission--Nutrient Management; Regulation No. 7-390

   On July 28, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Conservation Commission. This rulemaking amends 25 Pa. Code Chapter 83. The proposed regulation was published in the August 7, 2004 Pennsylvania Bulletin with a 90-day public comment period. The final-form regulation was submitted to the Commission on February 16, 2006.

   This regulation is a general update of the State Conservation Commission's regulations as required periodically by the Nutrient Management Act. The amendments incorporate their experience with administering the program and advances in the sciences of agronomics and manure management.

   We have determined this regulation is consistent with the statutory authority of the State Conservation Commission (3 P. S. § 504(1) as amended by Act 38 of 2005) 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
March 21, 2006

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

State Board of Examiners in Speech-Language and Hearing--Continuing Education;
Regulation No. 16A-6802

   On June 8, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Examiners in Speech-Language and Hearing (Board). This rulemaking amends 49 Pa. Code Chapter 45. The proposed regulation was published in the June 19, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 20, 2006.

   This regulation implements Act 71 of 2000 and sets forth continuing education requirements for the biennial renewal of licenses. Licensees are required to obtain 20 hours of continuing education for biennial renewal.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 1705(2) and (7)) 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
March 21, 2006

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

Pennsylvania Public Utility Commission--Permanent Standards of Conduct; Regulation No. 57-229

   On April 6, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking adds Sections 62.141 and 62.142 to Title 52 Pa. Code. The proposed regulation was published in the April 17, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 19, 2006.

   Section 2209 of the Natural Gas Choice and Competition Act established a two-part process for implementing standards of conduct for the natural gas industry. This regulation represents the second part of this process. The PUC is promulgating permanent standards intended to equalize interactions between natural gas suppliers (NGSs) and natural gas distribution companies (NGDCs) and their affiliated NGSs. The permanent standards in this regulation include procedures, requirements and standards designed to minimize any preferential treatment between NGDCs and their affiliated NGSs.

   We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S.A. §§ 501, 1501, 1701 and 2209(a)--(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
March 21, 2006

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

Pennsylvania Public Utility Commission--Practice and Procedure Before the Commission; Regulation No. 57-236

   On October 15, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission. This rulemaking amends 52 Pa. Code Chapters 1, 3 and 5. The proposed regulation was published in the October 30, 2004 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on February 9, 2006.

   This regulation amends the Pennsylvania Public Utility Commission's procedural rules to align them with current practice and to make them similar to those used in Pennsylvania courts.

   We have determined this regulation is consistent with the statutory authority of the Pennsylvania Public Utility Commission (66 Pa.C.S.A. § 501(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.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 06-542. Filed for public inspection March 31, 2006, 9:00 a.m.]

---

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

---