NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[45 Pa.B. 2218]
[Saturday, May 2, 2015]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, April 16, 2015, and announced the following:

Action Taken—Regulations Approved:

 Board of Claims #105-5: Rules of Procedure (amends 61 Pa. Code Chapter 899)

 Pennsylvania Gaming Control Board #125-184: Possession of Weapons within a Licensed Facility (amends 58 Pa. Code § 465a.13)

 Pennsylvania Gaming Control Board #125-175: Licensing; Slot Software; Count Room Characteristics; Credit; Table Game Rules (amends 58 Pa. Code Chapters 421a, 423a, 425a, 427a, 429a, 431a, 433a, 435a, 437a, 440a, 441a, 461a, 465a, 609a, 623a, 633a, 643a and 645a)

 Pennsylvania Liquor Control Board #54-80: Breweries (adds Section 3.93 to 40 Pa. Code Chapter 3)

 State Board of Auctioneer Examiners #16A-649: Schedule of Fees (amends 49 Pa. Code § 1.41)

 Pennsylvania Public Utility Commission #57-298: Household Goods in Use Carriers and Property Carriers (amends 52 Pa. Code Chapters 3, 5, 23, 31 and 32)

Action Taken—Regulation Disapproved:

 Pennsylvania Public Utility Commission #57-296: Motor Carrier Vehicle List and Vehicle Age Requirements (amends 52 Pa. Code § 29.314(c)—(d) and § 29.333(d)—(e))

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Approval Order

Public Meeting Held
April 16, 2015

Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Board of Claims—
Rules of Procedure;
Regulation No. 105-5 (#3089)

 On March 6, 2015, the Independent Regulatory Review Commission (Commission) received this regulation from the Board of Claims (Board). This rulemaking amends 61 Pa. Code Chapter 899. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

 This final-omitted rulemaking amends the Board of Claims Rules of Procedure to conform to the Board's enabling statute, Chapter 17, Subchapter C of the Procurement Code, 62 Pa.C.S. §§ 1701—1726, and the act of February 14, 2008 (P. L. 6, No. 3) (65 P. S. §§ 67.101—67.3104), known as the Right-to-Know Law.

 We have determined this regulation is consistent with the statutory authority of the Board (62 Pa.C.S. § 1722(6)) 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
April 16, 2015

Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Pennsylvania Gaming Control Board—
Possession of Weapons within a Licensed Facility;
Regulation No. 125-184 (#3075)

 On March 11, 2015, the Independent Regulatory Review Commission (Commission) received this regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code § 465a.13. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

 This regulation removes the Board's regulatory prohibition on the possession of firearms within a licensed facility to conform to amendments made in 2011 to Title 18. With the passage of Act 10 of 2011, the Board no longer has the authority to prohibit the possession of firearms in a licensed facility.

 We have determined this regulation is consistent with the statutory authority of the Board (18 Pa.C.S. § 6109(m.3)) 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
April 16, 2015

Commissioners Voting:  John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Pennsylvania Gaming Control Board—
Licensing; Slot Software; Count Room Characteristics; Credit; Table Game Rules;
Regulation No. 125-175 (#3040)

 On November 4, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code Chapters 421a, 423a, 425a, 427a, 429a, 431a, 433a, 435a, 437a, 440a, 441a, 461a, 465a, 609a, 623a, 633a, 643a and 645a. The proposed regulation was published in the November 16, 2013 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 11, 2015.

 The rulemaking contains comprehensive amendments to 18 chapters in Subpart B (relating to licensing), Subpart C (relating to slot machine licensing), Subpart E (relating to slot machines and associated equipment) and Subpart K (relating to table games). The rulemaking provides clarity, deletes redundant provisions, decreases the number of copies of applications required, allows for an increase in ownership of licensees by institutional investors and ensures that a background investigation is completed on nongaming employees every four years.

 We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. §§ 1205, 1206(f) and (g), 1207(1) and (2), 1208(1)(iii), 1209(b), 1212, 1213, Chapter 13, §§ 13A11, 13A12, 13A13, 13A14, 13A15 and 1802) 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
April 16, 2015

Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Pennsylvania Liquor Control Board—
Breweries;
Regulation No. 54-80 (#3082)

 On October 28, 2014, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking adds Section 3.93 to 40 Pa. Code Chapter 3. The proposed regulation was published in the November 8, 2014 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 6, 2015.

 This rulemaking establishes the conditions that the holder of a brewery license must meet if it wants to allow on-premises consumption of beer it produces.

 We have determined this regulation is consistent with the statutory authority of the Board (47 P. S. §§ 2-207(i) and 4-446(a)(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
April 16, 2015

Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

State Board of Auctioneer Examiners—
Schedule of Fees;
Regulation No. 16A-649 (#2982)

 On February 21, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Auctioneer Examiners (Board). This rulemaking amends 49 Pa. Code § 1.41. The proposed regulation was published in the March 9, 2013 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 13, 2015.

 This regulation increases the existing fees by 30 percent for the biennial renewal of an auctioneer license, an apprentice auctioneer and auction house and company.

 We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 734.6(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
April 16, 2015

Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson, dissenting; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Pennsylvania Public Utility Commission—
Household Goods in Use Carriers and Property Carriers;
Regulation No. 57-298 (#3041)

 On November 7, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapters 3, 5, 23, 31 and 32. The proposed regulation was published in the November 23, 2013 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 27, 2015.

 This final form rulemaking amends the application process for applicants for household goods authority by eliminating the requirement than an applicant establish that the proposed service is responsive to a public need or demand. The rulemaking also increases insurance requirements, eliminates territorial restrictions and allows household goods carriers to change rates without filing supporting financial justification with the PUC.

 We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S.A. §§ 501, 1102, 1103 and 1501) 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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Disapproval Order

Public Meeting Held
April 16, 2015

Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Order Issued April 20, 2015
Pennsylvania Public Utility Commission—
Motor Carrier Vehicle List and Vehicle Age Requirements;
Regulation No. 57-296 (#3033)

 On October 3, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code § 29.314(c)—(d) and § 29.333(d)—(e). The proposed regulation was published in the October 19, 2013 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 27, 2015.

 The regulation amends existing motor carrier passenger regulations by eliminating the vehicle list requirements for taxis and limousines; eliminating a waiver exception related to operating a taxi or limousine beyond the limitations set in regulation; replacing vehicle age limitations for taxis and limousines; and incentivizing the use of alternative fuel vehicles.

 Upon review, we find that Section 29.314(c) (relating to vehicle and equipment requirements) is ambiguous and lacks clarity and therefore, does not satisfy the criterion set forth in Section 5.2(b)(3)(ii) of the Regulatory Review Act (Act) (71 P. S. § 745.5b(b)(3)(ii)). The PUC proposes that a vehicle that is more than ten model-years old or has more than 350,000 miles of cumulative mileage on its odometer may not be operated in call and demand service. However, this dual age or mileage limitation is followed by an example which states:

''For example, the last day on which a 2016 model year vehicle may be operated in taxi service is December 31, 2026.''

 We are concerned that this language could be interpreted as negating the mileage limitation. Likewise, this clarity concern applies to the similar example provided later in this same subsection related to electric vehicles, hybrid electric vehicles and vehicles utilizing alternative fuels. We ask the PUC to review Section 29.314(c) and make clear that the age limitations do not negate the mileage limitations.

 We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. § 501, 1301, 1501 and 2301) and the intention of the General Assembly. However, after considering the criterion of the Act discussed above, we find promulgation of this regulation is not in the public interest.

By Order of the Commission:

 The regulation #57-296 (IRRC #3033) from the Pennsylvania Public Utility Commission was disapproved on April 16, 2015.

JOHN F. MIZNER, Esq., 
Chairperson

[Pa.B. Doc. No. 15-835. Filed for public inspection May 1, 2015, 9:00 a.m.]

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