NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Action Taken by the Commission
[43 Pa.B. 3857]
[Saturday, July 6, 2013]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, June 20, 2013, and announced the following:
Regulation Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective June 19, 2013
Department of Conservation and Natural Resources #7B-6: Conservation of Pennsylvania Native Wild Plants (amends 17 Pa. Code Chapter 45)
Action Taken—Regulations Approved:
Pennsylvania Gaming Control Board #125-161: Gaming Service Providers and Slot Machine Licenses (amends 58 Pa. Code Chapters 401, 437 and 441)
Environmental Quality Board #7-475: Triennial Review of Water Quality Standards (amends 25 Pa. Code, Chapter 93)
Pennsylvania Public Utility Commission #57-289: Establishing a Uniform Definition and Metrics for Unaccounted-For-Gas (amends 52 Pa. Code Section 59.111)
State Board of Medicine #16A-4935: Perfusionist (amends 49 Pa. Code Chapters 16 and 18)
State Board of Osteopathic Medicine #16A-5324: Perfusionist (amends 49 Pa. Code Chapter 25)
State Board of Chiropractic #16A-4320: Licensure by Reciprocity (amends 49 Pa. Code § 5.13)
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Department of Conservation and Natural Resources Regulation #7B-6 (IRRC #2991)
Conservation of Pennsylvania Native Wild Plants Section 5(g) of the Regulatory Review Act provides that the Commission is deemed to have approved a final-form regulation when the Commission did not file comments on the proposed regulation. Further, disapproval of the final-form regulation shall relate only to changes which the agency made to the proposed regulation or to recommendations, comments or objections which a committee conveyed to the agency or the Commission.
For this regulation, the Commission did not comment at proposed, the agency made no changes, and the committees conveyed no recommendations, comments or objections. Therefore, it was deemed approved on June 19, 2013.
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Approval Order Public Meeting Held
June 20, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
State Board of Medicine—
Perfusionist;
Regulation No. 16A-4935 (#2951)On June 12, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code Chapters 16 and 18. The proposed regulation was published in the June 23, 2012 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 10, 2013.
This regulation implements Act 19 of 2008 which established several types of perfusionist licenses along with related requirements for continuing education, liability insurance and fees.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 422.8) 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
June 20, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson, dissenting; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq., dissenting
Environmental Quality Board—
Triennial Review of Water Quality Standards;
Regulation No. 7-475 (#2954)On June 22, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code, Chapter 93. The proposed regulation was published in the July 7, 2012 Pennsylvania Bulletin with a 45-day public comment period. The final-form regulation was submitted to the Commission on May 2, 2013.
This final-form regulation represents the Board's triennial update of its water quality standards.
We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 691.5(b)(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
June 20, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Pennsylvania Public Utility Commission—
Establishing a Uniform Definition and Metrics
for Unaccounted-For-Gas;
Regulation No. 57-289 (#2977)On October 4, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Section 59.111. The proposed regulation was published in the October 20, 2012 Pennsylvania Bulletin with a 45-day public comment period. The final-form regulation was submitted to the Commission on May 16, 2013.
This regulation establishes a uniform method to calculate unaccounted-for-gas (UFG) for natural gas distribution companies and caps the amount of UFG costs that can be recovered from customers.
We have determined this regulation is consistent with the statutory authority of the PUC (66 P. S. § 501) 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
June 20, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
State Board of Osteopathic Medicine—
Perfusionist;
Regulation No. 16A-5324 (#2952)On June 12, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Osteopathic Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 25. The proposed regulation was published in the June 23, 2012 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 10, 2013.
This regulation implements Act 20 of 2008 which established several types of perfusionist licenses along with related requirements for continuing education, liability insurance and fees.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 271.13c and 271.16) 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
June 20, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
State Board of Chiropractic—
Licensure by Reciprocity;
Regulation No. 16A-4320 (#2907)On September 6, 2011, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Chiropractic (Board). This rulemaking amends 49 Pa. Code § 5.13. The proposed regulation was published in the September 17, 2011 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 21, 2013. At its April 4, 2013 public meeting, the Commission voted to disapproved the final-form regulation. On May 28, 2013, the Board submitted its report containing the revised final-form regulation to the Commission.
The purpose of the rulemaking is to simplify and clarify the process for licensure by reciprocity.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 625.302(3) and 625.504) 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
June 20, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq., abstained; Lawrence J. Tabas, Esq., abstained; Dennis A. Watson, Esq.
Pennsylvania Gaming Control Board—
Gaming Service Providers and Slot Machine Licenses;
Regulation No. 125-161 (#2944)On May 16, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code Chapters 401a, 437a and 441a. The proposed regulation was published in the May 26, 2012 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 15, 2013.
This final-form rulemaking amends the Board's regulations to limit the types of agreements that licensed facilities are now required to file with the Board, specify the types of agreements that require Board approval prior to implementation and exempt professional sports teams from the requirements of gaming service provider certification and registration.
We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. §§ 1202(b)(30), 1317.2 and 1321) 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.
SILVAN B. LUTKEWITTE, III,
Chairperson
[Pa.B. Doc. No. 13-1216. Filed for public inspection July 5, 2013, 9:00 a.m.]
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