NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[28 Pa.B. 4845] The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, September 10, 1998, and took the following actions:
Regulations Approved:
Pennsylvania Liquor Control Board #54-53: Promotion (amends 40 Pa. Code §§ 13.1 and 13.51)
Environmental Quality Board #7-329: Radiological Health (amends 25 Pa. Code Chapters 216, 218, 221, 223, 227 and 228)
Department of Community and Economic Development #4-68: Neighborhood Assistance Program (amends 12 Pa. Code Chapter 135)
Department of Labor & Industry #12-49: Workers' Compensation Self-Insurance (amends 34 Pa. Code Chapter 125)
Department of Health #10-152: Drugs Which May Be Used By Qualified Optometrists (amends 28 Pa. Code Chapter 6)
Regulations deemed approved under Section 5 (g) of the Regulatory Review Act--Effective September 10, 1998.
Pennsylvania Liquor Control Board #54-54: Wine in Kegs; Sale by Limited Winery Licensees (amends 40 Pa. Code §§ 11.104 and 11.111)
____Commissioners Present: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
September 10, 1998Pennsylvania Liquor Control Board--Promotion; Regulation No. 54-53
Order On January 16, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code §§ 13.1 and 13.51. The authority for this regulation is found in section 207(i) of the Pennsylvania Liquor Code (47 P. S. § 2-207(i)). The proposed regulation was published in the January 31, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 7, 1998.
The regulation permits Pennsylvania manufacturers and licensees to accept things of value that fall under the definition of ''routine business entertainment.'' ''Routine business entertainment'' includes meals, beverages and tickets or passes to concerts, theaters, arts, sporting or charitable events. The value of routine business entertainment is limited to $800 per year per recipient. The donor of routine business entertainment is required to accompany the recipient.
We have reviewed this regulation and find it to be in the public interest. The regulation allows flexibility for manufacturers and licensees in providing routine business entertainment while also guarding against undue influence through the implementation of reasonable restrictions.
Therefore, It Is Ordered That:
1. Regulation No. 54-53 from the Pennsylvania Liquor Control Board, as submitted to the Commission on August 7, 1998, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners Present: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
September 10, 1998Environmental Quality Board--Radiological Health; Regulation No. 7-329
Order On October 16, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapters 216, 218, 221, 223, 227 and 228. The authority for this regulation is the Radiation Protection Act (35 P. S. § 7110.101, et seq.) and Section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20). The proposed regulation was published in the November 1, 1997 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on August 11, 1998.
The amendments update existing regulations by increasing protection to workers and patients for medical diagnosis and treatment applications, including reduction of unnecessary radiation exposure. The regulation also incorporates technological advances that have occurred since the existing regulations were drafted in the early 1980's.
We have reviewed this regulation and find it to be in the public interest. By addressing health and safety concerns, the updated regulation will ensure a reduction in unnecessary radiation exposure for both patients and the workers.
Therefore, It Is Ordered That:
1. Regulation No. 7-329 from the Environmental Quality Board, as submitted to the Commission on August 11, 1998, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____Commissioners Present: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
September 10, 1998Department of Community and Economic Development Neighborhood Assistance Program; Regulation No. 4-68
Order On August 12, 1998, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Community and Economic Development (Department). This rulemaking amends 12 Pa. Code Chapter 135. The authority for this regulation is contained in section 8905A of the Neighborhood Assistance Act (act) (72 P. S. § 8905-A). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
Under the act, the Department is required to promulgate regulations, in the first month of the fiscal year, which establish special program priorities. With this final-omitted rulemaking, the Department is simply changing the fiscal year from 1996-97 to 1997-98 in the sections of its regulations relating to the special program priorities. The special program priorities remain unchanged.
We have reviewed this regulation and find it to be in the public interest. The regulation is necessary to reflect the special program priorities in the Neighborhood Assistance Act for fiscal year 1997-98.
Therefore, It Is Ordered That:
1. Regulation No. 4-68 from the Department of Community and Economic Development, as submitted to the Commission on August 12, 1998, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners Present: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
September 10, 1998Department of Labor and Industry--Workers' Compensation Self-Insurance; Regulation No. 12-49
Order On November 7, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code Chapter 125. The authority for this regulation is section 435 of the Workers' Compensation Act (77 P. S. § 991). The proposed regulation was published in the November 22, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 18, 1998.
The proposal includes amendments to conform with Act 57 of 1996 (Act 57). Those changes include: expanding the 5% Safety Committee discount from 1 year to 5 years; revising security requirements for letters of credits from banks; excluding political subdivisions and the Commonwealth from security requirements; and authorizing a single board to oversee the operation of several funds. Amendments unrelated to Act 57 revise requirements for group self-insurance funds to allow contributions based on each fund's loss cost multiplier instead of the State Workers' Insurance Fund rate. Amendments which impact individual self-insured employers include revisions in security requirements and discounting of the required amount in specific cases.
We have reviewed this regulation and find it to be in the public interest. The Department's regulations will now be consistent with Act 57. Smaller banks may benefit from the rating changes for letters of credit. Revisions to security requirements ensure that self-insured employers vulnerable to dramatic increases have posted additional security. Self-insurers in a strong financial condition may benefit from discounting provisions.
Therefore, It Is Ordered That:
1. Regulation No. 12-49 from the Department of Labor and Industry, as submitted to the Commission on August 18, 1998, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners Present: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
September 10, 1998Department of Health--Drugs Which May Be Used By Qualified Optometrists; Regulation No. 10-152
Order On January 21, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health. This rulemaking amends 28 Pa. Code Chapter 6. The authority for this regulation is section 2 of the Optometry Practice and Licensure Act (63 P. S. § 244.2). The proposed regulation was published in the January 31, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 10, 1998.
The proposal expands the list of drugs which qualified optometrists may administer and prescribe to conform to Act 130 of 1996 (Act 130). Act 130 changed the definition of the ''practice of optometry'' to allow certified optometrists to administer and prescribe certain legend and nonlegend drugs. Act 130 authorized the Secretary of Health to approve drugs for treatment of specific areas of the eye.
The regulation also contains activities prohibited in Act 130. Prohibitions include: treatment beyond 6 weeks without consultation with a physician; prescription for some systemic conditions; treatment for glaucoma; and administration or prescription of a Schedule I or II controlled substance.
Senator Jeffrey E. Piccola, prime sponsor of Act 130, submitted a letter in support of the regulation.
We have reviewed this regulation and find it to be in the public interest. The proposal is consistent with the provisions of Act 130. In some instances, patients will have flexibility in choosing a provider for initial eye care. Depending on the choices made by patients, there may be an impact on the practice of ophthalmologists as well as optometrists.
Therefore, It Is Ordered That:
1. Regulation No. 10-152 from the Department of Health, as submitted to the Commission on August 10, 1998, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners Present: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
September 10, 1998Pennsylvania Liquor Control Board--Wine in Kegs; Sale by Limited Winery Licensees; Regulation No. 54-54
Order On May 11, 1998, the Independent Regulatory Review Commission (Commission) received the proposed version of this regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking would amend 40 Pa. Code §§ 11.104 and 11.111 to allow the Board and limited wineries to sell sparkling grape wine in glass containers larger than 5 liters. The authority for this regulation is 47 P. S. § 2-207(i). The proposed version of this regulation was published in the June 6, 1998 Pennsylvania Bulletin with a 30-day public comment period.
The final-form version of this regulation was submitted to the Commission on August 20, 1998. The final-form version of this regulation contains no changes from the initially proposed version. We did not file any comments on the proposed version of this regulation. Furthermore, we did not receive any negative recommendations on the final-form version of this regulation from the House Liquor Control Committee or the Senate Law and Justice Committee.
Therefore:
The Commission will notify the Legislative Reference Bureau that Regulation No. 54-54 from the Pennsylvania Liquor Control Board, as submitted to the Commission on August 20, 1998, was deemed approved under section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) on September 10, 1998.
JOHN R. MCGINLEY, Jr.,
Chairperson
[Pa.B. Doc. No. 98-1575. Filed for public inspection September 25, 1998, 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.
