NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Action Taken by the Commission
[40 Pa.B. 1471]
[Saturday, March 13, 2010]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, February 25, 2010, and announced the following:
Regulations Deemed Approved Under Section 5(g) of the Regulatory Review Act—Effective February 24, 2010:
Department of Revenue #15-446: Clothing (amends 61 Pa. Code § 53.1)
Environmental Quality Board #7-436: Blue Eye Run, et al. (Water Quality Network (WQN) Package); Stream Redesignations (amends 25 Pa. Code Chapter 93)
Action Taken—Regulations Approved:
Environmental Quality Board #7-434: Environmental Laboratory Accreditation (amends 25 Pa. Code Chapter 252)
Department of Community and Economic Development #4-91: Industrialized Housing (amends 12 Pa. Code Chapter 145)
State Board of Osteopathic Medicine #16A-5322: Reduction of Biennial Fee for Osteopathic Physicians (amends 49 Pa. Code § 25.231)
State Employees' Retirement Board #31-11: Death Benefits (amends 4 Pa. Code § 249.7)
Department of Transportation #18-413: Interstate Motor Carrier Safety Requirements (amends 67 Pa. Code Chapter 229)
Department of Transportation #18-414: Intrastate Motor Carrier Safety Requirements (amends 67 Pa. Code Chapter 231)
* Action Taken—Regulation Disapproved: Order Not Yet Issued
* State Board of Funeral Directors #16A-4816: Preneed Activities of Unlicensed Employee
* Will advise when order is issued.
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Approval Order Public Meeting held
February 25, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson, by Phone; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq.
Environmental Quality Board—
Environmental Laboratory Accreditation;
Regulation No. 7-434 (#2770)On June 5, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 252. The proposed regulation was published in the June 20, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 25, 2010.
This final-form regulation updates existing regulations to address provisions that are unclear, overly restrictive or cost prohibitive.
We have determined this regulation is consistent with the statutory authority of the Board (27 Pa.C.S. §§ 4103(a), 4104(1) and 4105(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
February 25, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson, by Phone; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq.
Department of Community and Economic
Development—Industrialized Housing;
Regulation No. 4-91 (#2776)On July 20, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Community and Economic Development (Department). This rulemaking amends 12 Pa. Code Chapter 145. The proposed regulation was published in the August 1, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 14, 2010.
This rulemaking will bring Chapter 145 into greater consistency with current standards and practices. It also includes a new provision that will require a factory to seek approval from the Department before it changes from one evaluation or inspection agency to another. This will allow these agencies to perform evaluation and inspection services without the fear of losing a client as a result of enforcing regulatory requirements.
We have determined this regulation is consistent with the statutory authority of the Department (35 P. S. § 1651.5) 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
February 25, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson, by Phone; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq.
State Board of Osteopathic Medicine—
Reduction of Biennial Fee for Osteopathic
Physicians; Regulation No. 16A-5322 (#2816)On January 14, 2010, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Osteopathic Medicine (Board). This rulemaking amends 49 Pa. Code § 25.231. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final regulation decreases the biennial renewal fees for osteopathic physicians from $440 to $220.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 271.13a(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
February 25, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson, by Phone; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq.
State Employees' Retirement Board—
Death Benefits;
Regulation No. 31-11 (#2668)On January 18, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Employees' Retirement Board (Board). This rulemaking amends 4 Pa. Code § 249.7. The proposed regulation was published in the February 2, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 14, 2010.
This final-form regulation clarifies that a nomination of beneficiary must be in writing on a form supplied by the Board.
We have determined this regulation is consistent with the statutory authority of the Board (71 Pa.C.S. § 5902(h)) 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
February 25, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson, by Phone; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq.
Department of Transportation—
Interstate Motor Carrier Safety Requirements;
Regulation No. 18-413 (#2744)On February 10, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code Chapter 229. The proposed regulation was published in the February 21, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 22, 2010.
This final-form regulation makes numerous changes to the Department's Motor Carrier Safety Requirements in order to align them with the requirements of the Federal Motor Carrier Safety Assistance Program for interstate carriers.
We have determined this regulation is consistent with the statutory authority of the Department (75 Pa.C.S. §§ 4704 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
February 25, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson, by Phone; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III, Dissenting; John F. Mizner, Esq.
Department of Transportation—
Intrastate Motor Carrier Safety Requirements;
Regulation No. 18-414 (#2745)On February 10, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code Chapter 231. The proposed regulation was published in the February 21, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 22, 2010.
This final-form regulation makes numerous changes to the Department's Motor Carrier Safety Requirements in order to align them with the requirements of the Federal Motor Carrier Safety Assistance Program for intrastate carriers.
We have determined this regulation is consistent with the statutory authority of the Department (75 Pa.C.S. §§ 4704 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.
ARTHUR COCCODRILLI,
Chairperson
[Pa.B. Doc. No. 10-479. Filed for public inspection March 12, 2010, 9:00 a.m.]
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