NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[32 Pa.B. 2646]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, May 9, 2002, and took the following actions:

   Regulations Approved:

   Department of Revenue #15-420: Powerball (adds 61 Pa. Code Chapter 871).

   Milk Marketing Board #47-7: Calculation of Bonding Obligation (amends 7 Pa. Code § 151.9)

   Department of Health #10-164: Drug and Alcohol Facilities and Services--Standards for Approval of Prevention and Intervention Activities (amends 4 Pa. Code Chapter 259 and 28 Pa. Code Chapters 701 and 713)

   Environmental Hearing Board #106-6: Practice and Procedure (amends 25 Pa. Code Chapter 1021)

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Approval Order

Public Meeting Held
May 9, 2002

   Commissioners Voting: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone

Department of Revenue--Powerball;
Regulation No. 15-420

   On April 11, 2002, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Revenue (Department). This rulemaking adds Chapter 871 to 61 Pa. Code. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This final-omitted regulation establishes a multi-state lottery game, called Powerball, in the Commonwealth. This game will be played in conjunction with 21 other states and the District of Columbia.

   We have determined this regulation is consistent with the statutory authority of the Department of Revenue (72 P. S. § 3761-303) 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 9, 2002

   Commissioners Voting: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone

Milk Marketing Board--Calculation of Bonding Obligation; Regulation No. 47-7

   On August 4, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Milk Marketing Board (Board). This rulemaking amends 7 Pa. Code § 151.9. The proposed regulation was published in the August 12, 2000, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 10, 2002.

   This regulation: changes the formula by which milk dealers' bonding obligations are calculated; changes the basis of the bonding obligation calculation from the license year to the calendar year; and updates a statutory reference. The Board estimates that the new bonding obligation formula will result in a slight increase in bonding obligations for an estimated 20 percent of milk dealers.

   We have determined this regulation is consistent with the statutory authority of the Board (31 P. S. § 626.7(c) and 626.8) 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 9, 2002

   Commissioners Voting: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone

Department of Health--Drug and Alcohol Facilities
and Services--Standards for Approval of Prevention
and Intervention Activities

   On April 11, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 4 Pa. Code Chapter 259 and 28 Pa. Code Chapters 259, 701 and 713. The proposed regulation was published in the April 21, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 11, 2002.

   This regulation rescinds the standards for approval of prevention and intervention activities offered by drug and alcohol facilities. The regulations are being deleted because of changes in the delivery of prevention services. As a result of the repeal, the Department will no longer approve prevention and intervention activities.

   We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. §§ 751-25, 751-31 and 1690.101 et seq.) 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 9, 2002

   Commissioners Voting: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone

Environmental Hearing Board--Practice and Procedure; Regulation No. 106-6

   On October 25, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Hearing Board (Board). This rulemaking amends 25 Pa. Code Chapter 1021. The proposed regulation was published in the November 10, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 2, 2002.

   This regulation modifies a number of provisions to the Board's rules of practice and procedure. These include: adding a rule on withdrawal of appearance, a number of definitions that deal with electronic filing; authorizing electronic filing and service of specific legal documents; amending the rule on number of copies that need to be filed with the Board, the rules on reconsideration of interlocutory orders and the rules governing discovery; requiring that parties attach a proposed order to their motions and responses; and reorganizing the rules to make them more user-friendly.

   We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 7515(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.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 02-939. Filed for public inspection May 24, 2002, 9:00 a.m.]

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