NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[36 Pa.B. 3919]
[Saturday, July 22, 2006]The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, July 6, 2006, and announced the following:
Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective July 5, 2006
State Board of Veterinary Medicine #16A-5717: Biennial Renewal Fees (amends 49 Pa. Code § 31.41)
Regulations Approved:
Department of Community and Economic Development #4-86: Building Energy Conservation Standards (deletes 12 Pa. Code Chapter 147)
Department of Transportation #18-406: Emissions Inspection Program (amends 67 Pa. Code § 177.404)
Department of Revenue #15-425: Local Option Small Games of Chance (amends 61 Pa. Code Chapter 901)
State Board of Landscape Architects #16A-618: General Revisions (amends 49 Pa. Code Chapter 15)
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors #16A-691: Sexual Misconduct (amends 49 Pa. Code Chapters 47--49)
State Board of Medicine #16A-4921: Respiratory Care Continuing Education (amends 49 Pa. Code Chapter 18)
Pennsylvania Public Utility Commission #57-233: Passenger Service and Property and Household Goods (amends 52 Pa. Code Chapters 29 and 31)
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Approval Order Public Meeting held
July 6, 2006Commissioners Voting: Alvin C. Bush, Chairperson; Arthur Coccodrilli; David J. DeVries, Esq.; John F. Mizner, Esq., by phone
Department of Community and Economic Development--Building Energy Conservation Standards; Regulation No. 4-86
On May 24, 2006, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Community and Economic Development (Department). This rulemaking deletes 12 Pa. Code Chapter 147. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation deletes the existing Chapter 147. This is necessary because Chapter 147 is outdated and inconsistent with the existing statutes. Chapter 147 was promulgated to implement the Building Energy Conservation Standards Act (Act 222 of 1980). This Act was repealed by the Pennsylvania Construction Code Act (Act 45 of 1999).
We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. § 1709.306(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.
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Approval Order Public Meeting held
July 6, 2006Commissioners Voting: Alvin C. Bush, Chairperson; Arthur Coccodrilli; David J. DeVries, Esq.; John F. Mizner, Esq., by phone
Department of Transportation--Emissions Inspection Program; Regulation No. 18-406
On May 23, 2006, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code § 177.404. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted rulemaking modifies signage requirements to include the posting of the fees for exemptions and emissions inspections.
We have determined this regulation is consistent with the statutory authority of the Department (75 Pa.C.S. §§ 4706 and 6103) 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
July 6, 2006Commissioners Voting: Alvin C. Bush, Chairperson; Arthur Coccodrilli; David J. DeVries, Esq.; John F. Mizner, Esq., by phone
Department of Revenue--Local Option Small Games of Chance; Regulation No. 15-425
On September 29, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Revenue (Department). This rulemaking amends 61 Pa. Code Chapter 901. The proposed regulation was published in the October 9, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 26, 2006.
This regulation makes comprehensive changes to the Department's Small Games of Chance regulations. The changes incorporate legislative amendments made to the Local Option Small Games of Chance Act in 1990 and 2000 and codify current policy and administrative practice of the Department.
We have determined this regulation is consistent with the statutory authority of the Department (10 P. S. § 319) 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
July 6, 2006Commissioners Voting: Alvin C. Bush, Chairperson; Arthur Coccodrilli; David J. DeVries, Esq.; John F. Mizner, Esq., by phone
State Board of Landscape Architects--General Revisions; Regulation No. 16A-618
On March 29, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Landscape Architects (Board). This rulemaking amends 49 Pa. Code Chapter 15. The proposed regulation was published in the April 23, 2005 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 25, 2006.
This final-form rulemaking amends Chapter 15 to improve clarity, conform the regulation to actual Board practice and revise provisions related to registration without examination.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 904(9)) 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
July 6, 2006Commissioners Voting: Alvin C. Bush, Chairperson; Arthur Coccodrilli; David J. DeVries, Esq.; John F. Mizner, Esq., by phone
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors--Sexual Misconduct; Regulation No. 16A-691
On August 23, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board). This rulemaking amends 49 Pa. Code Chapters 47, 48 and 49. The proposed regulation was published in the September 4, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 25, 2006.
This regulation prohibits sexual intimacies between licensees regulated by the Board and their clients or clients' immediate family members. It also prohibits a licensee from accepting an individual as a client when the licensee has previously engaged in sexual intimacies with the individual.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1906(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
July 6, 2006Commissioners Voting: Alvin C. Bush, Chairperson; Arthur Coccodrilli; David J. DeVries, Esq.; John F. Mizner, Esq., by phone
State Board of Medicine--Respiratory Care Continuing Education; Regulation No. 16A-4921
On September 26, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 18. The proposed regulation was published in the October 8, 2005 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 25, 2006.
This regulation implements Act 55 of 2004, which requires the Board to institute continuing education requirements for certified respiratory care practitioners.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 422.36a(f)(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
July 6, 2006Commissioners Voting: Alvin C. Bush, Chairperson; Arthur Coccodrilli; David J. DeVries, Esq.; John F. Mizner, Esq., by phone
Pennsylvania Public Utility Commission--Passenger Service and Property and Household Goods Carriers; Regulation No. 57-233
On June 16, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapters 29 and 31. The proposed regulation was published in the June 26, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 17, 2006.
This regulation amends the PUC's existing regulations relating to common carriers of passengers and property, including household goods. The amendments are intended to delete obsolete provisions, make the regulations consistent with current industry practices and enhance consumer protection and safety.
We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S.A. § 501(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.
ALVIN C. BUSH,
Chairperson
[Pa.B. Doc. No. 06-1293. Filed for public inspection July 21, 2006, 9:00 a.m.]
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