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PA Bulletin, Doc. No. 11-778

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Notice of Comments Issued

[41 Pa.B. 2398]
[Saturday, May 7, 2011]

 Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 645.5b).

 The Commission has issued comments on the following proposed regulations. The agencies must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.

Reg. No. Agency/TitleClose of the Public
Comment Period		IRRC
Comments
Issued
57-281 Pennsylvania Public Utility Commission
Liquid Fuels Pipeline Regulations
41 Pa.B. 1020
(February 26, 2011)		  3/28/114/27/11
1215-141 Pennsylvania Gaming Control Board
Preliminary Provisions; Bureau of Investigations  and Enforcement
41 Pa.B. 1018
(February 26, 2011)		  3/28/114/27/11

____

Pennsylvania Public Utility Commission
Regulation #57-281 (IRRC #2887)

Liquid Fuels Pipeline Regulations

April 27, 2011

 We submit for your consideration the following comments on the proposed rulemaking published in the February 26, 2011 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the Pennsylvania Public Utility Commission (PUC) to respond to all comments received from us or any other source.

1. Section 59.33. Safety.—Consistency with federal law; Reasonableness; Need; Clarity.

Subsection (b)

 Proposed changes to Subsection (b) incorporate federal requirements for safety standards for ''all natural gas and hazardous liquid public utilities in the Commonwealth.'' We raise three issues.

 First, what are ''hazardous liquid public utilities''? The final-form regulation should define this term.

 Second, proposed Subsection (b) references ''49 CFR Parts 190—195, 198 and 199 . . .,'' as well as ''future federal amendments to 49 CFR Parts 190—195, 198 and 199. . . .'' Why does the regulation reference future federal provisions? Section 1.6 (b) of the PA Code & Bulletin Style Manual provides: ''If an agency wishes to incorporate subsequent amendments [of a code or regulation] the agency must explicitly do so by amendment of its existing rules. . . .'' The final-form regulation should either delete the new language pertaining to future federal amendments or provide a justification for retaining it.

 Finally, the existing subsection references 49 CFR Parts 191—193, and 199. The proposed regulation replaces these references with 49 CFR Parts 190—195, 198 and 199. However, it is unclear why these changes have been made. The final-form regulation should explain the need for this change in citations.

____

Pennsylvania Gaming Control Board
Regulation #125-141 (IRRC #2888)

Preliminary Provisions; Bureau of
Investigations and Enforcement

April 27, 2011

 We submit for your consideration the following comments on the proposed rulemaking published in the February 26, 2011 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the Pennsylvania Gaming Control Board (Board) to respond to all comments received from us or any other source.

1. Section 401a.5. Adjudicatory function of the Board; ex parte communications.—Clarity; reasonableness; implementation procedures.

 This section establishes the appropriate adjudicatory functions and conduct of the Board. We raise two issues.

 First, in Subsection (a), why are adjudicatory actions limited to ''contested on-the-record'' proceedings? A commentator suggests that on-the-record proceedings are not the only means for an agency to act in an adjudicatory capacity. Therefore, the final-form regulation should distinguish between on-the-record and off-the-record proceedings.

 Second, the Preamble provides that notification of an ex parte communication and an opportunity to respond will be given to ''all parties.'' However, Subsection (d) provides that notification of the communication will be given ''to all parties to a hearing or other proceeding directly affected by the anticipated vote or action of the Board or presiding officer. . . .'' Why does the proposed rulemaking limit notification of, and an opportunity to respond to, an ex parte communication to only those parties directly affected by the outcome? The final-form regulation should clarify this issue.

2. Section 405a.1. General duties and powers.—Clarity

 There is a typographical error in Subsection (a). In the final-form regulation, ''Chief Council'' should be replaced with ''Chief Counsel.''

3. Section 405a.4. Conduct.—Clarity.

 In Subsection (b), what does it mean to ''exert influence?'' The final-form regulation should define this term.

SILVAN B. LUTKEWITTE, III, 
Chairperson

[Pa.B. Doc. No. 11-778. Filed for public inspection May 6, 2011, 9:00 a.m.]


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