NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[53 Pa.B. 6319]
[Saturday, October 7, 2023]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, September 21, 2023, and announced the following:
Regulations Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective September 20, 2023
Environmental Quality Board # 7-572: Administration of the Land Recycling Program Vanadium MSC Rule (amends 25 Pa. Code)
State Board of Chiropractic # 16A-4322: Child Abuse Reporting Requirements (amends 49 Pa. Code)
Actions Taken—Regulations Approved:
Department of Human Services # 14-545: Subsidized Child Care Eligibility (deletes 55 Pa. Code Chapter 3041 and adopts 55 Pa. Code Chapter 3042)
Pennsylvania Turnpike Commission # 60-3: Traffic Regulations (amends 67 Pa. Code Chapter 601)
State Board of Occupational Therapy Education and Licensure # 16A-679: Child Abuse Reporting Requirements (amends 49 Pa. Code §§ 42.13—42.16, 42.41—42.47 and 42.53 and adds §§ 42.48 and 42.49)
State Board of Education # 6-341: Intellectual Disability Terminology Update (amends 22 Pa. Code Chapter 14)
Department of Education # 6-342: Intellectual Disability Terminology Update (amends 22 Pa. Code Chapter 711)
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Approval Order Public Meeting Held
September 21, 2023Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Department of Human Services—
Subsidized Child Care Eligibility
Regulation No. 14-545 (# 3275)On October 22, 2020, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Human Services (Department). This rulemaking deletes 55 Pa. Code Chapter 3041 and adopts 55 Pa. Code Chapter 3042. The proposed regulation was published in the November 14, 2020 Pennsylvania Bulletin with a public comment period ending on December 14, 2020. At its May 18, 2023 public meeting, the Commission voted to disapprove the final-form regulation. On July 27, 2023, the Department submitted its report containing the revised final-form regulation to the Commission.
This final-form rulemaking is a comprehensive revision and reorganization of the regulations utilized by the Department to administer the subsidized child care program. The purpose of the final-form regulation is to ensure alignment with the Federal Child Care and Development Block Grant of 2014 in order to continue receiving federal funding. 42 U.S.C.A. §§ 9857—9858r.
We have determined this regulation is consistent with the statutory authority of the Department (62 P.S. §§ 201(2), 403(b) and 403.1) 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
September 21, 2023Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Pennsylvania Turnpike Commission—
Traffic Regulations
Regulation No. 60-3 (# 3307)On June 1, 2021, the Independent Regulatory Review Commission (IRRC) received this proposed regulation from the Pennsylvania Turnpike Commission (Commission). This rulemaking amends 67 Pa. Code Chapter 601. The proposed regulation was published in the June 19, 2021 Pennsylvania Bulletin with a public comment period ending on July 19, 2021. The final-form regulation was submitted to the Commission on July 12, 2023.
This final-form regulation amends the Commission's general traffic regulations to provide for the cashless tolling system. The regulation also revises provisions relating to: over-dimensional/overweight vehicles, the transportation of hazardous materials through Turnpike tunnels, fare evasion, and excluded vehicles from the Turnpike system.
We have determined this regulation is consistent with the statutory authority of the Commission (36 P.S. §§ 652d and 652l) 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
September 21, 2023Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
State Board of Occupational Therapy Education and Licensure—
Child Abuse Reporting Requirements
Regulation No. 16A-679 (# 3358)On September 27, 2022, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Occupational Therapy Education and Licensure (Board). This rulemaking amends 49 Pa. Code §§ 42.13—42.16, 42.41—42.47 and 42.53 and adds §§ 42.48 and 42.49. The proposed regulation was published in the October 22, 2022 Pennsylvania Bulletin with a public comment period ending on November 21, 2022. The final-form regulation was submitted to the Commission on August 1, 2023.
This proposed regulation updates the Board's child abuse reporting regulations to be consistent with the Child Protective Services Law (CPSL), including the required training in child abuse recognition and reporting for licensees who are considered to be ''mandated reporters'' under the CPSL.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. § 1505(b) and 23 Pa.C.S. § 6383(b)(2)) 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
September 21, 2023Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
State Board of Education—
Intellectual Disability Terminology Update
Regulation No. 6-341 (# 3379)On August 2, 2023, the Independent Regulatory Review Commission (Commission) received this final-omitted regulation from the State Board of Education (Board). This rulemaking amends 22 Pa. Code Chapter 14. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted rulemaking replaces the terms ''mentally retarded'' and ''mental retardation'' with the term ''intellectual disability.''
We have determined this regulation is consistent with the statutory authority of the Board (24 P.S. §§ 13-1372 and 26-2603-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
September 21, 2023Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Department of Education—
Intellectual Disability Terminology Update
Regulation No. 6-342 (# 3380)On August 2, 2023, the Independent Regulatory Review Commission (Commission) received this final-omitted regulation from the Department of Education (Department). This rulemaking amends 22 Pa. Code Chapter 711. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted rulemaking replaces the terms ''mentally retarded'' and ''mental retardation'' with the term ''intellectual disability.''
We have determined this regulation is consistent with the statutory authority of the Department (24 P.S. §§ 17-1701-A—17-1732-A, 17-1749-A(b)(8), 17-1751-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.
GEORGE D. BEDWICK,
Chairperson
[Pa.B. Doc. No. 23-1379. Filed for public inspection October 6, 2023, 9:00 a.m.]
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