NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Action Taken by the Commission
[40 Pa.B. 2838]
[Saturday, May 29, 2010]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, May 13, 2010, and announced the following:
Action Taken—Regulations Approved:
Department of Banking #3-46: General Provisions Hearings and Conferences (deletes 10 Pa. Code Chapter 3)
Department of Banking #3-47: Mortgage License Continuing Education (deletes 10 Pa. Code Chapter 44)
State Board of Examiners of Nursing Home Administrators #16A-6212: Continuing Education (amends 49 Pa. Code § 39.61)
State Board of Examiners of Nursing Home Administrators #16A-629: Temporary Permits (amends 49 Pa. Code §§ 39.1 and 39.4)
Department of Revenue #15-445: Amended Report—Corporation Taxes (amends 61 Pa. Code Chapters 151 and 153)
Department of Corrections #19-12: Inmate Correspondence (amends 37 Pa. Code § 93.2)
Environmental Quality Board #7-419: Control of NOx Emissions from Cement Kilns (amends 25 Pa. Code Chapter 145)
Environmental Quality Board #7-420: Control of NOx Emissions from Glass Melting Furnaces (amends 25 Pa. Code Chapters 121 and 129)
Pennsylvania Public Utility Commission #57-251: Provision of Bundled Service Package Plans at a Single Monthly Rate by Local Exchange Carriers (amends 52 Pa. Code §§ 64.2 to 64.123)
Pennsylvania Liquor Control Board #54-60: Responsible Alcohol Management Program (establishes 40 Pa. Code Chapter 5)
Department of Education #6-319: Pre-K Counts Requirements, Standards and Procedures (establishes 22 Pa. Code Chapter 405)
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Approval Order Public Meeting held
May 13, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
Department of Banking—General Provisions
Hearings and Conferences;
Regulation No. 3-46 (#2827)On March 25, 2010, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Banking (Department). This rulemaking deletes 10 Pa. Code Chapter 3. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted rulemaking deletes the Department's regulations pertaining to hearings and conferences because the regulations have been preempted by statute and are obsolete.
We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. § 733-202.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.
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Approval Order Public Meeting held
May 13, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
Department of Banking—Mortgage Licensee Continuing Education; Regulation No. 3-47 (#2828) On March 25, 2010, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Banking (Department). This rulemaking deletes 10 Pa. Code Chapter 44. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted rulemaking deletes the Department's regulations pertaining to mortgage licensee continuing education because the regulations have been preempted by statute and are obsolete.
We have determined this regulation is consistent with the statutory authority of the Department (7 Pa.C.S.A § 6138(a)(4)) 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 13, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
State Board of Examiners of Nursing Home Administrators—Continuing Education;
Regulation No. 16A-6212 (#2747)On February 11, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Examiners of Nursing Home Administrators (Board). This rulemaking amends 49 Pa. Code § 39.61. The proposed regulation was published in the February 21, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 5, 2010.
This final-form rulemaking clarifies, updates and expands the Board's continuing education requirements.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 1104(c) and 1109(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 13, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
State Board of Examiners of Nursing Home Administrators—Temporary Permits;
Regulation No. 16A-629 (#2678)On February 27, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Examiners of Nursing Home Administrators (Board). This rulemaking amends 49 Pa. Code §§ 39.1 and 39.4. The proposed regulation was published in the March 8, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 5, 2010.
This final-form rulemaking amends the Board's existing regulations pertaining to temporary permits.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 1104(c) and 1114) 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 13, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
Department of Revenue—
Amended Report—Corporation Taxes;
Regulation No. 15-445 (#2750)On February 20, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Revenue (Department). This rulemaking amends 61 Pa. Code Chapters 151 and 153. The proposed regulation was published in the March 7, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 7, 2010.
This rulemaking helps facilitate the transition from the corporation tax settlement process to the assessment process as required by Act 119 2006.
We have determined this regulation is consistent with the statutory authority of the Department (72 P. S. § 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.
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Approval Order Public Meeting held
May 13, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
Department of Corrections—
Inmate Correspondence;
Regulation No. 19-12 (#2830)On April 7, 2010, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Corrections (Department). This rulemaking amends 37 Pa. Code § 93.2. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation represents a codification of the Department's policy on what is defined as obscene materials. Delivery of these materials to inmates via incoming correspondence or publications is prohibited.
We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. § 310-1) 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 13, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
Environmental Quality Board—
Control of NOx Emissions from Cement Kilns;
Regulation No. 7-419 (#2682)On April 7, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 145. The proposed regulation was published in the April 19, 2008 Pennsylvania Bulletin with a 65-day public comment period. The final-form regulation was submitted to the Commission on April 12, 2010.
The regulation updates and revises nitrogen oxides (NOx) emission standards, procedures and requirements for cement kilns. This regulatory program is a component of the air quality strategy recommended by the Ozone Transport Commission.
We have determined this regulation is consistent with the statutory authority of the EQB (35 P. S. § 4005(a)(1)) 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 13, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
Environmental Quality Board—
Control of NOx Emissions from Glass Melting Furnaces;
Regulation No. 7-420 (#2683)On April 7, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapters 121 and 129. The proposed regulation was published in the April 19, 2008 Pennsylvania Bulletin with a 65-day public comment period. The final-form regulation was submitted to the Commission on April 12, 2010.
The regulation updates and revises nitrogen oxides (NOx) emission standards, procedures and requirements for glass melting furnaces. This regulatory program is a component of the air quality strategy recommended by the Ozone Transport Commission.
We have determined this regulation is consistent with the statutory authority of the EQB (35 P. S. § 4005(a)(1)) 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 13, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
Pennsylvania Public Utility Commission—
Provision of Bundled Service Package Plans at a Single Monthly Rate by Local Exchange Carriers;
Regulation No. 57-251 (#2591)On February 15, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code §§ 64.2 to 64.123. The proposed regulation was published in the March 3, 2007 Pennsylvania Bulletin with a 30-day public comment period. The PUC reopened the public comment period on June 7, 2008, which then closed on July 31, 2008. The final-form regulation was submitted to the Commission on February 18, 2010. On March 19, 2010, the Commission received a request from the PUC to toll consideration of this final-form regulation to delete a provision that relied on a guidance document. On April 16, 2010, the PUC submitted its revisions to the final-form regulation to the Commission.
This regulation establishes a safeguard for the provision of basic local exchange telephone service within the bundled service pricing plans offered by local telephone companies.
We have determined this regulation is consistent with the statutory authority of the PUC (66 PaC.S. § 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.
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Approval Order Public Meeting held
May 13, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
Pennsylvania Liquor Control Board—
Responsible Alcohol Management Program;
Regulation No. 54-60 (#2660)On December 28, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking establishes 40 Pa. Code Chapter 5. The proposed regulation was published in the January 26, 2008, Pennsylvania Bulletin with a 30-day public comment period. On February 25, 2010, the Board submitted the final-form regulation. On March 31, 2010, the Commission received a request from the Board to toll consideration of this final-form regulation to correct a drafting error. On April 20, 2010, the Board submitted its revisions to the final-form regulation to the Commission.
This regulation codifies the Responsible Alcohol Management Program.
We have determined this regulation is consistent with the statutory authority of the Board (47 P. S. §§ 2-207(i) and 4-471.1) 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 13, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III, Dissenting; John F. Mizner, Esq., by Phone
Department of Education—
Pennsylvania Pre-K Counts Requirements,
Standards and Procedures;
Regulation No. 6-319 (#2817)On January 27, 2010, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Education (Department). This rulemaking establishes 22 Pa. Code Chapter 405. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin. On March 8, 2010, the Commission received a request from the Department to toll consideration of this final-omitted regulation to address statutory concerns, reliance on guidance documents and drafting errors. On April 7, 2010, the Department submitted its revisions to the final-omitted regulation to the Commission.
This final-omitted regulation establishes minimum standards for the operation of the Pre-K Counts Program
We have determined this regulation is consistent with the statutory authority of the Department (24 P. S. § 15-1513D(1)) 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.
ARTHUR COCCODRILLI,
Chairperson
[Pa.B. Doc. No. 10-1011. Filed for public inspection May 28, 2010, 9:00 a.m.]
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