NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[27 Pa.B. 6878]

   The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, December 11, 1997, and took the following actions:

Regulations Approved:

   Pennsylvania Liquor Control Board #54-52: 120 Day Rule (amends 40 Pa. Code Chapters 9 and 11)

   Department of Labor and Industry #12-44: Retirement Pensions and Annuities (amends 34 Pa. Code §§ 65.101--65.105 and adds § 65.108)

   Environmental Quality Board #7-303: Noncoal Regulations (amends 26 Pa. Code Chapter 77)

   Environmental Quality Board #7-308: Small Operator Assistance Program (amends 25 Pa. Code Chapter 86, Subchapter C)

   Environmental Quality Board # 7-311: Financial Assistance (amends 25 Pa. Code Chapter 103)

Regulations Deemed Approved Under Section 5(g) of the Regulatory Review Act--Effective December 9, 1997.

Insurance Department #11-144: Mass Merchandising of Property and Casualty Insurance (amends 31 Pa. Code by repealing §§ 113.51--113.62)

Department of Transportation #18-342: Licensing (amends 67 Pa. Code Chapters 71, 75 and 83)
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Commissioners present:  Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
December 11, 1997

Pennsylvania Liquor Control Board--120 Day Rule; Doc. No. 54-52

Order

   On November 18, 1997, the Independent Regulatory Review Commission (Commission) received this regulation from the Pennsylvania Liquor Control Board (LCB). This rulemaking amends 40 Pa. Code Chapters 9 and 11. The authority for this regulation is contained in section 207(i) of the Pennsylvania Liquor Control Code (code) (47 P. S. § 2-207(i)). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   The code prohibits a manufacturer, importing distributor and distributor of malt and brewed beverages from providing short term wholesale price discounts. Act 196 of 1992 (act) amended the code to provide that any wholesale price reduction must be maintained for 120 days and provided specific exemptions from the 120-day rule. In addition, the act created an investigative unit to be responsible for monitoring the malt and brewed beverage industry.

   The regulation provides for how the LCB will implement the 120 day rule for price reductions. Specifically, the regulation outlines the reporting requirements for wholesale prices and the administrative procedures to be followed when a manufacturer or distributor wants to increase the price of a malt or brewed beverage earlier than 120 days from the date of the price reduction.

   We have reviewed this regulation and find it to be in the public interest. The regulation is necessary to implement the provisions of Act 196 of 1996 and assure proper price controls for malt and brewed beverages.

Therefore, It Is Ordered That:

   1.  Regulation No. 54-52 from the Pennsylvania Liquor Control Board, as submitted to the Commission on November 18, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
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Commissioners present:   Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
December 11, 1997

Department of Labor and Industry--Retirement Pensions and Annuities; Doc. No. 12-44

Order

   On August 27, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (L&I). This rulemaking amends 34 Pa. Code §§ 65.101-- 65.105 and adds § 65.108. The authority for this regulation is sections 201(a) and 404(d) of the Commonwealth's Unemployment Compensation Law (Law) (43 P. S. §§ 761(a) and 804(d)). The proposed regulation was published in the September 7, 1996 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 13, 1997.

   In part, this regulation is a response to directives from the U.S. Department of Labor (USDOL) to L&I. USDOL informed L&I that it must delete provisions of its existing regulations that conflict with Federal law. In response, this regulation deletes an existing exemption for workers permanently and involuntarily separated from employment before their retirement date. The exemption precluded the use of pension payments as an offset or deduction from unemployment compensation (UC) payments. Federal law requires that UC payments be reduced if the recipient is receiving periodic pension payments. Federal law does not require deductions or offsets for lump sum retirement payments.

   The regulation also removes the existing ''$40 per week floor'' on deductibility of pension payments which is no longer authorized by State or Federal law. In addition, the regulation provides for deductibility of Social Security retirement benefits in a manner that is consistent with Federal law.

   Significant portions of this regulation are necessary to avoid sanctions by the Secretary of USDOL. If the Commonwealth's regulations do not conform with Federal law, USDOL could seek to withdraw certification from the State. This action would abrogate funding for both the UC system and Job Centers. In addition, employers within the State could lose the Federal tax credits to which they are entitled by payment of State UC taxes.

   We have reviewed this regulation and find it to be in the public interest. The regulation will bring L&I's rules into greater consistency with Federal law. The final-form regulation includes a new exemption from the proposed offset requirement for lump sum payments. It applies when UC claimants transfer or ''roll-over'' lump sums to eligible retirement plans within 60 days of receipt. By providing an exemption from the deduction or offset requirement for ''roll-overs'' of lump sum retirement payments, it creates an incentive for workers to prepare for the future.

Therefore, It Is Ordered That:

   1.  Regulation No. 12-44 from the Department of Labor and Industry, as submitted to the Commission on November 13, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
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Commissioners present:   Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
December 11, 1997

Environmental Quality Board--Noncoal Regulations; Doc. No. 7-303

Order

   On February 4, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 77. The authority for this regulation is 52 P. S. § 3311(a) and 35 P. S. § 691.5(b). The proposed regulation was published in the February 15, 1997 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on November 5, 1997.

   The proposed amendments are the result of the Department of Environmental Protection's (DEP) Regulatory Basics Initiative. The EQB held two public hearings on the proposed amendments which include an increase in the small noncoal mining allowable yearly tonnage limit from 2,000 tons to 10,000 tons; a provision to allow DEP to require concurrent reclamation; and the use of general permits for noncoal surface mining activities that are similar in nature.

   We have reviewed this regulation and find it to be in the public interest. The EQB projects a decrease in permit costs for the regulated community in the amount of $110,000 per year. The EQB projects that DEP will save $49,000 per year due to reduced review times for permits. The EQB explained that the proposed increase to a 10,000 tonnage limit for small noncoal operations will not have a significant environmental impact. The EQB adopted recommendations to modify provisions for general permits, impacts on wetlands, documentation of exploratory drilling and several minor clarity recommendations.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-303 from the Environmental Quality Board, as submitted to the Commission on November 5, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
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Commissioners present:   Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
December 11, 1997

Environmental Quality Board--Small Operator Assistance Program; Doc. No. 7-308

Order

   On March 10, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 86, Subchapter C. The authority for this regulation is found under sections 4.2, 4.3 and 18.7 of the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.4b, 1396.4c and 1396.18g), section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20). The proposed regulation was published in the March 22, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 5, 1997.

   The EQB is proposing to restructure §§ 86.81--86.95 to improve clarity, eliminate redundant language and remove regulatory citations which the Federal Office of Surface Mining Reclamation and Enforcement has indicated are beyond the scope of services authorized by the Small Operator Assistance Program.

   We have reviewed this regulation and find it to be in the public interest. Several nonsubstantive changes have been made in the organization and format of the final rulemaking as a result of suggestions from the Commission which improve its clarity.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-308 from the Environmental Quality Board, as submitted to the Commission on November 5, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
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Commissioners present:   Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
December 11, 1997

Environmental Quality Board--Financial Assistance; Doc. No. 7-311

Order

   On March 18, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking would amend 25 Pa. Code Chapter 103 relating to certain administrative requirements a municipality must meet to qualify for financial assistance for the construction or upgrading of a sewage treatment facility. The authority for this regulation is found in The Clean Streams Law (35 P. S. §§ 691.1--691.1001), section 16(a)(2) of the Land and Water and Conservation and Reclamation Act (Conservation and Reclamation Act) (32 P. S. § 5116(a)(2)), and section 1920-A of the Administrative Code of 1929, as amended (71 P. S. § 510.20). The proposed regulation was published in the March 29, 1997 edition of the Pennsylvania Bulletin, with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 5, 1997.

   The financial assistance may be as low interest revolving fund loans or grants. These amendments were developed under the Regulatory Basics Initiative of the Department of Environmental Protection (DEP).

   Subchapter A revisions delete references to the Federal Title II sewage treatment construction grants program, which has been phased out because all treatment facilities have either been constructed or are in the final stages of construction. Title II has been supplanted in Pennsylvania by the Federal Clean Water Act Title VI Loan Program (Title VI Program). The Title VI Program is jointly administered by the DEP and the Pennsylvania Infrastructure Investment Authority (PENNVEST). About 300 municipal sewage construction projects on the Title VI Program project priority list will benefit from affordable financial assistance through PENNVEST rather than having to borrow money at higher rates of interest in the open market.

   Subchapter D amendments delete provisions for a State design grant program and a supplemental construction grant program because all eligible applicants have been awarded grants. They also authorize award of the currently remaining $155,000 for one or several grant awards to economically depressed communities for the construction of sewage facilities and to recover some of their sewage treatment facility related costs.

   We have reviewed this regulation and find it to be in the public interest. This rulemaking provides necessary updates to Subchapters A and D. The final-form version also incorporates some changes the Commission suggested in its Comments on the proposed version, which improve the clarity and consistency of the regulation.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-311 from the Environmental Quality Board, as submitted to the Commission on November 5, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
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Commissioners present:   Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
December 11, 1997

Insurance Department--Mass Merchandising of Property and Casualty Insurance; Doc. No. 11-144

Order

   On March 31, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code by repealing §§ 113.51--113.62. The authority for this regulation is found under The Unfair Insurance Practices Act (40 P. S. §§ 1171.1--1171.15); the Casualty and Surety Rate Regulatory Act (40 P. S. §§ 1181--1199); and the Fire, Marine and Inland Marine Rate Regulatory Act (40 P. S. §§ 1121--1238). The proposed regulation was published in the April 12, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 18, 1997.

   The purpose of this rulemaking is to eliminate requirements that are burdensome or are duplicative of existing statutory requirements governing the filing of insurance rates and policy forms. In addition, the sections requiring the rendering of assistance to individuals in obtaining insurance is unduly burdensome and the report of statistics is no longer used by the Department.

   The final-form regulation contains no changes from the proposed regulation. We did not file any comments on the proposed regulation. Furthermore, we did not receive any negative recommendations on the final-form regulation from the House Insurance Committee or the Senate Banking and Insurance Committee.

Therefore:

   The Commission will notify the Legislative Reference Bureau that Regulation No. 11-144 from the Insurance Department, as submitted to the Commission on November 18, 1997, was deemed approved under section 5(g) of the Regulatory Review Act on December 9, 1997.
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Commissioners present:   Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
December 11, 1997

Department of Transportation--Licensing

Order

   On August 20, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (PennDOT). This rulemaking amends 67 Pa. Code Chapters 71, 75 and 83. The authority for this regulation is contained in sections 1508, 1508.1, 1509 and 6103 of The Vehicle Code (75 Pa.C.S. §§ 1508, 1508.1, 1509 and 6103). The proposed regulation was published in the August 30, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 18, 1997.

   This rulemaking would amend PennDOT's regulations to provide that certified registered nurse practitioners and physician assistants may conduct preliminary physical examinations required for the initial issuance of a driver's license and a school bus driver endorsement. Heretofore, only licensed physicians could conduct such examinations.

   The final-form regulation contains no changes from the proposed regulation. We did not file any comments on the proposed regulation. Furthermore, we did not receive any negative recommendations on the final-form regulation from the House and Senate Transportation Committees.

Therefore:

   The Commission will notify the Legislative Reference Bureau that Regulation No. 18-342 from the Department of Transportation, as submitted to the Commission on November 18, 1997, was deemed approved under section 5(g) of the Regulatory Review Act on December 9, 1997.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 97-2100. Filed for public inspection December 26, 1997, 9:00 a.m.]

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