NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Notice of Comments Issued
[50 Pa.B. 6097]
[Saturday, October 31, 2020]Section 5(g) of the Regulatory Review Act (71 P.S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b).
The Commission has issued comments on the following proposed regulations. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.
Reg. No. Agency/Title Close of the Public
Comment PeriodIRRC
Comments
Issued125-229 Pennsylvania Gaming Control Board
Interactive Gaming
50 Pa.B. 4248 (August 22, 2020)9/21/20 10/21/20 16A-4111 State Architects Licensure Board
Digital Signature and Seal
50 Pa.B. 4241 (August 22, 2020)9/21/20 10/21/20 16A-4712 State Registration Board for Professional
Engineers, Land Surveyors and Geologists
Digital Signature and Seal
50 Pa.B. 4245 (August 22, 2020)9/21/20 10/21/20 16A-6112 State Board of Landscape Architects
Digital Signature and Seal
50 Pa.B. 4243 (August 22, 2020)9/21/20 10/21/20
Pennsylvania Gaming Control Board Regulation
# 125-229 (IRRC # 3261)
Interactive Gaming
October 21, 2020 We submit for your consideration the following comments on the proposed rulemaking published in the August 22, 2020 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (RRA) (71 P.S. § 745.5b). Section 5.1(a) of the RRA (71 P.S. § 745.5a(a)) directs the Pennsylvania Gaming Control Board (Board) to respond to all comments received from us or any other source.
1. Protection of the public health, safety and welfare; Implementation procedures.
Act 42 of 2017 amended Title 4 Pa.C.S., relating to Amusements, to expand gaming opportunities in the Commonwealth. As it pertains to this regulation, Act 42 provides the authorized Category 1, 2, and 3 slot machine licensees the opportunity to petition to offer three categories of interactive gaming: non-peer-to-peer interactive games which simulate slot machines, non-peer-to-peer interactive games which simulate table games, and peer-to-peer interactive games which simulate poker.
In order to implement interactive gaming, the General Assembly granted the Gaming Board (Board) authority to promulgate temporary regulations which would expire two years after publication in the Pennsylvania Bulletin. The temporary regulations were published in five packages as follows:
• Chapters 801—803 were published on January 6, 2018;
• Chapters 804, 811, 812, 814, 815 and 818 were published on May 5, 2018;
• Chapter 809 and Chapters 810, 813 and 817 were published in two packages on April 28, 2018; and
• Chapter 830 was published on March 9, 2019.
Chapter 830 is the only regulation which remains in effect, all others having expired between January and May of this year.
This proposed regulation begins the process of converting the Board's temporary interactive gaming regulations to permanent regulations. In response to Regulatory Analysis Form (RAF) question # 29, the Board indicates that the expected date of delivery of the final-form regulation is the third-fourth quarter of 2021. A cornerstone of the Pennsylvania Race Horse Development and Gaming Act (Act) (4 Pa.C.S. §§ 1101—4506) is the protection of the public health, safety and welfare and also the protection of the integrity of gaming. How will Board protect the public and also the integrity of the games it is charged with overseeing without temporary or permanent regulations in place? We urge the Board to return this regulatory package for final review to the Independent Regulatory Review Commission (IRRC) and the designated standing committees of the General Assembly as quickly as possible to ensure that interactive gaming is properly regulated.
2. Compliance with the RRA and regulations of IRRC.
Section 5.2 of the RRA (71 P.S. § 745.5b) directs IRRC to determine whether a regulation is in the public interest. When making this determination, IRRC considers criteria such as economic or fiscal impact and reasonableness. To make that determination, IRRC must analyze the text of the proposed regulation and the reasons for the new or amended language. IRRC also considers the information a promulgating agency is required to provide under Section 5 of the RRA in the RAF (71 P.S. § 745.5(a)).
There are several instances where the Board's responses to RAF questions are incomplete. In returning the final form regulation, we the Board to:
• Identify what other states allow interactive gaming and how those states administer interactive gaming in response to RAF question # 12;
• Categorize those entities mentioned in response to RAF question # 15, such as interactive gaming operators, interactive gaming manufacturers, interactive gaming suppliers, etc., as either small businesses or another size business; and
• Approximate the number of interactive gaming operators, interactive gaming manufacturers, interactive gaming suppliers, interactive gaming service providers, and the principals, key employees, gaming employees, and nongaming employees listed in response to RAF question # 16.
3. Section 811a.2. Internal controls.—Clarity and lack of ambiguity.
Paragraph (b)(13) states in part, ''For the purpose of this paragraph, ''personal identifiable information'' means any data or information that can be used, on its own or with other data or information, to identify, contact or otherwise locate a registered player, including a registered player's name, address, date of birth and Social Security number.'' We note, however, that the term ''personal identifiable information'' is used elsewhere in the regulation. For example, Section 810a.6 (relating to software authentication) states in part, ''(4) To prevent leakage of personal identifiable information, there must be a documented method to ensure that raw production data is not used in testing.'' We ask the Board to move the definition of the term ''personal identifiable information'' to Section 801a.2 (relating to definitions) of the final form regulation to provide clarity for the regulated community.
4. Section 812a.13. Dormant accounts.—Nonregulatory language.
Subsection (b) states, ''An interactive gaming account will be deemed dormant if there is no activity (login, game play, withdrawal, and the like)'' for [two] years.'' [Emphasis added.] ''And the like'' is nonregulatory language which does not provide a standard for the regulated community. We ask the Board to clarify this provision in the final-form regulation.
5. Chapter 815a. Interactive gaming self-excluded persons.—Protection of the public health, safety and welfare; Clarity and lack of ambiguity.
On January 29, 2020, IRRC submitted comments related to the Board's proposed regulation # 125-225 (IRRC #3246) entitled ''Slot Machine Licenses; Accounting and Internal Controls; Compulsive and Problem Gambling Requirements; Casino Self-Exclusion; Table Game Equipment; Credit.'' IRRC's comment # 1 related to self-exclusion and raised several concerns regarding how the Board would handle the self-exclusion process as relates to the various forms of gaming, including interactive gaming. The Board has communicated with IRRC that the language included in Chapter 815a has been amended to align with the language in proposed regulation # 125-225. We ask the Board to ensure that the language in this final-form regulation mirrors, as appropriate, the language in final-form regulation # 125-225 in order to protect the public health, safety and welfare and to provide clarity for the regulated community.
State Architects Licensure Board Regulation
# 16A-4111 (IRRC # 3263)
Digital Signature and Seal
October 21, 2020 We submit for your consideration the following comments on the proposed rulemaking published in the August 22, 2020 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P.S. § 745.5a(a)) directs the State Architects Licensure Board (Board) to respond to all comments received from us or any other source.
1. Clarity and lack of ambiguity.
In response to Regulatory Analysis Form (RAF) Question # 7, the Board states that one purpose of the proposed regulation is ''to update its current regulation on seals to make them as consistent as possible with the other design professional boards in Pennsylvania, which are the State Registration Board of Professional Engineers, Land Surveyors and Geologist and the State Board of Landscape Architects.'' Additionally, the Board responds to RAF Question # 10 that ''providing consistency regarding all seals will help eliminate confusion among clients in the public and private sector and those members of the public who may view documents prepared by design professionals.'' Insomuch that the Board, the State Board or Professional Engineers Land Surveyors and Geologists (regulation # 16A-4712: Digital Signature and Seal) and the State Board of Landscape Architects (regulation # 16A-6112: Digital Signature and Seal) each have nearly identical regulations addressing digital signature and seal, we ask the Board to work with the State Board for Professional Engineers, Land Surveyors and Geologists and the State Board of Landscape Architects to ensure that the final-form regulations of each are consistent and clear for the regulated community.
2. Section 9.140. Definitions.—Clarity.
''Digital seal''
The Board proposes to define ''Digital seal'' as ''an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to seal the document.'' [Emphasis added.] The Board should revise this definition by deleting ''person'' and inserting ''licensee'' or ''architect.'' This same comment applies to the use of ''person'' in the definition of ''digital signature.''
''Sole control''
Should this definition also include ''signature'' since the term is used in Sections 9.141a(a) and (b) that pertain to signatures and seals?
''Verification''
Should this definition also include ''seal'' since the term is used in Sections 9.141a(a)(2) and (b)(2) that pertain to signatures and seals?
3. Section 9.141. Requirement.—Clarity; and Implementation procedures.
Subsection (a)
Section 9.141(a) of the Board's rules and regulations require a licensee to obtain a seal authorized by the Board, which bears their name, license number and the legend, ''Architect.'' A stamp design identical to the prescribed seal may be obtained and used in lieu of, or in conjunction with, the seal. Is it the Board's intent for the digital seal design and the Board-approved seal to be identical? Must a licensee apply for a traditional seal before using a digital seal? How does the use of an ''electronic sound'' or ''process'' satisfy the requirement in Section 9.141(a)? We ask the Board to clarify in the final-form regulation whether the digital seal and the Board-approved seal design are to be identical and whether a licensee must first obtain a traditional seal before using a digital seal. The Board should also explain how a digital seal in the form of a sound or process complies with this subsection.
Subsection (b)
Paragraph (2) is being amended to allow the use of digital seals to appear on all subsequent pages of plans. What is the Board's intent with this amendment? Is it to require that a digital seal appear on all pages of final or complete documents that are digitally sealed or can licensees use a traditional seal on the first page, and use either a digital or facsimile seal on all subsequent pages of the plans? The Board should clarify its intent in the Preamble to the final-form rulemaking and amend the regulatory language in the Annex, if necessary.
Although the language in Paragraph (4) is not being amended by this proposal, it raises questions regarding the implementation of this regulation regarding violations. Section 12(c) of the Architects Licensure Law requires that upon forfeiture, revocation, suspension or annulment of a certificate, or upon expiration of a certificate without renewal, the architect must surrender his or her seal or stamp to the Board. How does the Board plan to address violations with regards to a licensee's digital seal? What are the responsibilities and obligations of an architect whose digital signature or seal is compromised or stolen?
Section 9.141(b)(1) states that an architect may use their seal and signature only when the work being sealed and signed was prepared by the architect or under the architect's ''personal supervision, direction and control.'' [Emphasis added.] For consistency, should ''control'' be ''sole control?''
Section 9.141(b)(5) refers to ''architectural documents'' and in Section 9.141a ''Drawings, reports and documents'' is used. The Board should make certain that it is using terms consistently throughout the regulation or explain why it is unnecessary to do so.
4. Section 9.141a. Digital signature and seal.—Clarity and lack of ambiguity.
Subsection (a) and (b)
Subsections (a) and (b) refer to ''Drawings, reports and documents'' and in Section 9.141(b)(5) the term ''architectural documents'' is used. The Board should make certain that it is using terms consistently throughout the regulation or explain why it is unnecessary to do so.
Subsection (c)
National Council of Examiners in Engineering and Surveying Model Rule 240.20(H) (relating to seals) contains the following sentence: ''A digital signature that uses a process approved by the board will be presumed to meet the criteria set forth in Section H above.'' This sentence is not included in the proposed regulation. Why did the Board omit this provision? For clarity, the Board should consider adding a requirement relating to the processes required under subsections (a) and (b).
Subsection (c) sets forth the technical standards of a hard copy printed from an electronic document. In reference to alterations to an electronic file, why is a digital seal not included? We ask the Board to add digital seals to the alteration provisions in this subsection.
5. Miscellaneous.—Clarity.
The Preamble of the proposed regulation cites the Digital Signature and Electronic Authentication Law, a bill introduced in the United States Congress that was not enacted. As this is not an enacted law, the citation should either be deleted in the Preamble to the final-from regulation or replaced with any successor legislation.
State Registration Board for
Professional Engineers, Land Surveyors and Geologists Regulation
# 16A-4712 (IRRC # 3264)
Digital Signature and Seal
October 21, 2020 We submit for your consideration the following comments on the proposed rulemaking published in the August 22, 2020 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P.S. § 745.5a(a)) directs the State Registration Board for Professional Engineers, Land Surveyors and Geologists (Board) to respond to all comments received from us or any other source.
1. Clarity and lack of ambiguity.
In response to Regulatory Analysis Form (RAF) Question # 7, the Board states that one purpose of the proposed regulation is ''to update its current regulation on seals to make them as consistent as possible with the other design professional boards in Pennsylvania, which are the State Architects Licensure Board and the State Board of Landscape Architects.'' Additionally, the Board responds to RAF Question # 10 that ''[p]roviding consistency regarding all seals will help eliminate confusion among clients in the public and private sector and those members of the public who may view documents prepared by design professionals.'' Insomuch that the Board, the State Architects Licensure Board (regulation # 16A-4111: Digital Signature and Seal) and the State Board of Landscape Architects (regulation # 16A-6112: Digital Signature and Seal) each have nearly identical regulations addressing digital signature and seal, we ask the Board to work with the State Architects Licensure Board and the State Board of Landscape Architects to ensure that the final-form regulations of each are consistent and clear for the regulated community.
2. Section 37.56a. Definitions.—Clarity.
''Digital seal''
The Board proposes to define ''digital seal'' as ''[a]n electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to seal the document.'' [Emphasis added.] The Board should revise this definition by deleting ''person'' and inserting ''licensee'' or ''registrant.'' This same comment applies to the use of ''person'' in the definition of ''digital signature.''
Further, the definition of ''digital seal'' provides for an ''electronic sound, symbol or process'' to seal a document. How would a digital seal in the form of a sound or process meet the requirements of Section 37.58 (relating to seal)?
''Sole control''
Should this definition also include ''signature'' since the term is used in Sections 37.60(a) and (b) (relating to digital signature and seal) that pertain to both signatures and seals?
''Verification''
Should this definition also include ''seal'' since the term is used in Sections 37.60(a) and (b) (relating to digital signature and seal) that pertain to both signatures and seals?
3. Section 937.59. Use of seal.—Clarity; Implementation procedures.
Paragraph (2) is being amended to allow the use of digital seals to appear on all subsequent pages of plans. Is the Board's intent to require that a digital seal appear on all pages of final or complete documents that are digitally sealed, or can a licensee use a traditional seal on the first page and use either a digital or facsimile seal on all subsequent pages of the plans or plats? The Board should clarify its intent in the Preamble to the final-form rulemaking and amend the regulatory language in the Annex, if necessary.
4. Section 15.33a. Digital signature and seal.—Clarity and lack of ambiguity.
National Council of Examiners in Engineering and Surveying Model Rule 240.20(H) (relating to seals) contains the following sentence: ''A digital signature that uses a process approved by the board will be presumed to meet the criteria set forth in Section H above.'' This sentence is not included in the proposed regulation. Why did the Board omit this provision? For clarity, the Board should consider adding a requirement relating to the processes required under subsections (a) and (b).
Subsection (c) sets forth the technical standards of a hard copy printed from an electronic document. In reference to alterations to an electronic file, why is a digital seal not included? We ask the Board to add digital seals to the alteration provisions in this subsection.
5. RAF—Clarity.
In response to RAF Questions # 15, # 16 and # 19, the Board provides inconsistent numbers when identifying the various licensees. We ask the Board to update and correct the numbers provided in the final-form RAF.
6 Miscellaneous clarity.
The Preamble to the proposed regulation cites the Digital Signature and Electronic Authentication Law, a bill introduced in the United States Congress that was not enacted. As this is not an enacted law, the citation should either be deleted in the Preamble to the final-form regulation or replaced with any successor legislation.
State Board of Landscape Architects Regulation
# 16A-6112 (IRRC # 3265)
Digital Signature and Seal
October 21, 2020 We submit for your consideration the following comments on the proposed rulemaking published in the August 22, 2020 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P.S. § 745.5a(a)) directs the State Board of Landscape Architects (Board) to respond to all comments received from us or any other source.
1. Clarity and lack of ambiguity.
In response to Regulatory Analysis Form (RAF) Question # 7, the Board states that one purpose of the proposed regulation is ''to update its current regulations on seals to make them as consistent as possible with the other design professional boards in Pennsylvania, which are the State Architects Licensure Board and the State Registration Board [for] Professional Engineers, Land Surveyors and Geologists.'' Additionally, the Board responds to RAF Question # 10 that ''[p]roviding consistency regarding all seals will help eliminate confusion among clients in the public and private sectors and those members of the public who may view documents prepared by design professionals.'' Insomuch that the Board, the State Architects Licensure Board (regulation # 16A-4111: Digital Signature and Seal) and the State Registration Board for Professional Engineers, Land Surveyors and Geologists (regulation # 16A-4712: Digital Signature and Seal) each have nearly identical regulations addressing digital signature and seal, we ask the Board to work with the State Architects Licensure Board and the State Registration Board for Professional Engineers, Land Surveyors and Geologists Regulation to ensure that the final-form regulations of each are consistent and clear for the regulated community.
2. Section 15.32a. Definitions.—Clarity and lack of ambiguity.
''Digital seal''
The Board proposes to define ''digital seal'' as ''[a]n electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to seal the document.'' [Emphasis added.] The Board should revise this definition by deleting ''person'' and inserting ''licensee'' or ''registrant.'' This same comment applies to the use of ''person'' in the definition of ''digital signature.''
Further, the definition of ''digital seal'' provides for an ''electronic sound, symbol or process'' to seal a document. How would a digital seal in the form of a sound or process meet the requirements of Section 15.33 (relating to seals)?
''Sole control''
Should this definition also include ''signature'' since the term is used in Section 15.33a(a) and (b) (relating to digital signature and seal) that pertain to both signatures and seals?
''Verification''
Should this definition also include ''seal'' since the term is used in Section 15.33a(a) and (b) that pertain both to signatures and seals?
3. Section 15.33. Seals.—Clarity and lack of ambiguity; Implementation procedures.
A landscape architect is required to obtain an authorized seal or stamp bearing the text listed subsection (c). We have three questions. First, do the requirements in subsection (c) also apply to a digital seal? Second, is a digital seal a facsimile of the authorized seal? Third, is a licensee required to obtain a traditional seal before using a digital seal? We ask the Board to answer these questions in the Preamble to the final-form regulation. In addition, the final-form regulation should be clarified so that the requirements ''are as consistent as possible with respect to both traditional seals and digital seals'' as stated in RAF Question # 10.
Further, the Board explains in the Preamble of the proposed regulation that the amendment to subsection (c) ''aligns with the sample of the visual depiction of the seal.'' However, the sample of the seal does not depict the required text. To improve clarity, we ask the Board to provide an accurate sample in the final-form regulation or explain why it is not necessary to do so.
4. Section 15.33a. Digital signature and seal.—Clarity and lack of ambiguity.
National Council of Examiners in Engineering and Surveying Model Rule 240.20(H) (relating to seals) contains the following sentence: ''A digital signature that uses a process approved by the board will be presumed to meet the criteria set forth in Section H above.'' This sentence is not included in the proposed regulation. Why did the Board omit this provision? For clarity, the Board should consider adding a requirement relating to the processes required under subsections (a) and (b).
Subsection (c) sets forth the technical standards of a hard copy printed from an electronic document. In reference to alterations to an electronic file, why is a digital seal not included? We ask the Board to add digital seals to the alterations provisions in this subsection.
5. RAF—Clarity; Economic or fiscal impact.
The following questions were not adequately answered in the RAF submitted with the proposed regulation. We ask the Board to update the RAF submitted with the final-form regulation to address the following:
• The response to RAF Question # 15 states conflicting percentages of self-employed landscape architects and does not include an estimated number of small businesses;
• The responses to RAF Questions # 20, # 21 and # 23 do not include costs estimates for local and state governments; and
• The response to RAF Question # 23 does not contain costs and savings for six fiscal years.
6. Miscellaneous clarity.
The Preamble of the proposed regulation cites the Digital Signature and Electronic Authentication Law, a bill introduced in the United States Congress that was not enacted. As this is not an enacted law, the citation should either be deleted in the Preamble to the final-from regulation or replaced with any successor legislation.
[Pa.B. Doc. No. 20-1509. Filed for public inspection October 30, 2020, 9:00 a.m.]
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