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PA Bulletin, Doc. No. 02-152


Notice of Comments Issued

[32 Pa.B. 478]

   Section 5(d) of the Regulatory Review Act (71 P. S. § 745.5(d)) provides that the designated standing committees may issue comments within 20 days of the close of the public comment period, and the Independent Regulatory Review Commission (Commission) may issue comments within 10 days of the close of the committees' comment period. The Commission's Comments are based upon the criteria contained in section 5.1(h) and (i) of the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)).

   The Commission issued comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted by the date indicated.

Reg. No.Agency/Title Issued Deadline
106-6 Environmental
   Hearing Board
   Practice and Procedure 1/10/02 12/10/03

   (31 Pa.B. 6156 (November 10, 2001))

Environmental Hearing Board Regulation No. 106-6

Rules of Practice and Procedure

January 10, 2002

   We submit for consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The Environmental Hearing Board (Board) must respond to these Comments when it submits the final-form regulation. If the final-form regulation is not delivered by December 10, 2003, the regulation will be deemed withdrawn.

1.  Section 1021.2.  Definitions.--Clarity.

Electronic filing

   We have three concerns with this definition. First, the phrase ''or such other format as the Board may permit'' is vague. This phrase should be clarified through either a citation or a cross-reference in the final-form regulation.

   Second, the phrase ''other device'' is unclear. The Board should indicate what it means by ''other device'' in this definition.

   Finally, for clarity and readability, the Board should break the long sentence defining ''electronic filing'' into two sentences.

Registration statement

   The phrase ''such information as the Board may require'' as included in this definition is vague. As a list of ''such information'' would be a substantive provision, it should not be included within the definition of ''registration statement.'' Rather, this list could be placed in the body of the regulation, such as § 1021.22, relating to service by a party, or where the term is used.


[Pa.B. Doc. No. 02-152. Filed for public inspection January 25, 2002, 9:00 a.m.]

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