INDEPENDENT REGULATORY REVIEW COMMISSION Notice of Comments Issued [35 Pa.B. 84] Section 5(g) of the Regulatory Review Act (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 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final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.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 IRRC Comments Issued 18-393 Department of Transportation
Child Passenger Protection11/15/04 12/15/04 34 Pa.B. 5684 (October 16, 2004) ____ Department of Transportation Regulation # 18-393 (IRRC # 2439) Child Passenger Protection December 15, 2004 We submit for your consideration the following comments that include references to the criteria in the Regulatory Review Act (71 P. S. § 745.5b) which have not been met. The Department of Transportation (Department) must respond to these comments when it submits the final-form regulation. The public comment period for this regulation closed on November 15, 2004. If the final-form regulation is not delivered within two years of the close of the public comment period, the regulation will be deemed withdrawn.
1. Scope of the regulation.--Fiscal impact; Clarity.
Scope
The Preamble states that this regulation applies to all vehicle operators transporting children under eight years of age. The statute (75 Pa.C.S.A. §§ 4581(a)(1) and (1.1)) states that any person operating certain vehicles shall fasten children in either a child passenger restraint system or a child booster seat. Commentators are not clear on whether school buses, taxi-cabs, limousines and other forms of public and private transportation fall under the regulation. Therefore, the Department should add a scope section or definitions to explain to whom this regulation applies.
Fiscal impact
A commentator representing common carriers that provide call and demand service raised concerns related to the potential fiscal impact of the regulation. They note the impracticality of having to provide a ''nearly unlimited number of child passenger restraint systems'' because they cannot anticipate the number, size or age of children who will need transportation. The Department has indicated that child booster seats cost between $25 and $130. In the Preamble to the final-form regulation, the Department should identify the number of vehicles that provide call and demand service and quantify the costs associated with compliance for these common carriers.
2. Section 102.102. Physical criteria for use of child passenger restraint system.--Reasonableness; Feasibility.
This section establishes specific requirements based on the age, height and weight of children. It also uses thephrase ''in accordance with the recommendations of the manufacturer'' to satisfy the requirements of this chapter. Failure to comply can result in the operator being fined under 75 Pa.C.S.A. § 4581(b). How can the operator of a vehicle demonstrate compliance with the regulation in regard to the age, height and weight of a child? How can the operator of a vehicle demonstrate that they have acted in accordance with the recommendations of the manufacturer?
3. Section 102.103. Medical exemption from use of child passenger restraint system.--Consistency with statute; Reasonableness.
Applicability
Under 75 Pa.C.S.A. § 4581(g), the Department can provide exemptions for the use of child passenger restraint systems and child booster seats. Under this section, exemptions only exist for child passenger restraint systems. Why aren't exemptions included for the use of child booster seats?
4. Miscellaneous clarity.
Section 102.102(c) uses the terms ''child restraint system'' and ''booster seat.'' The final-form regulation should use the defined terms ''child passenger restraint system'' and ''child booster seat.''
[Pa.B. Doc. No. 05-31. Filed for public inspection December 30, 2004, 9:00 a.m.]
