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PA Bulletin, Doc. No. 21-309



Notice of Comments Issued

[51 Pa.B. 1113]
[Saturday, February 27, 2021]

 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. § 745.5b).

 The Commission has 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final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.

Reg. No.  Agency/Title  Close of the Public  
Comment Period
16A-6011 State Board of Vehicle Manufacturers, Dealers and Salespersons
Out-of-State RV Dealer Registration Fee
50 Pa.B. 7024 (December 12, 2020)
1/11/21 2/10/21

State Board of Vehicle Manufacturers, Dealers and Salespersons Regulation # 16A-6011 (IRRC # 3280)

Out-of-State RV Dealer Registration Fee

February 10, 2021

 We submit for your consideration the following comments on the proposed rulemaking published in the December 12, 2020 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 State Board of Vehicle Manufacturers, Dealers and Salespersons (Board) to respond to all comments received from us or any other source.

1. Terminology.—Clarity.

 Section 332.1(c) of the Board of Vehicles Act (Act) requires an out-of-state recreational vehicle dealer to register with the Board before participating in a recreational vehicle show, off-premise sale, exhibition or rally. Registration must include payment of a ''participation fee.'' To be consistent with the terminology in the statute, the Board should replace ''registration'' with ''participation'' in the regulation. If the Board retains the proposed language in the final-form regulation, it should revise the Preamble and Regulatory Analysis Form to clarify that the registration fee is the ''participation fee'' authorized in the Act.

2. Possible conflict with existing regulations.

 Act 90 of 2008 (Act 90) established the requirements for recreational vehicle shows, off-premise sales, exhibitions and rallies. It also provided for the participation of out-of-state recreational vehicle dealers in these types of events. The Act 90 amendments, upon which the proposed fee and registration form (Attachment A) are based, have not been addressed in the existing Chapter 19 regulations. As such, we are concerned about the regulated community's ability to be informed and in compliance with the requirements of the Act. We suggest the Board initiate a separate proposed rulemaking for those updates which would allow affected parties the opportunity to comment.


[Pa.B. Doc. No. 21-309. Filed for public inspection February 26, 2021, 9:00 a.m.]

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