INDEPENDENT REGULATORY REVIEW COMMISSION Action Taken by the Commission [43 Pa.B. 6988]
[Saturday, November 23, 2013]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, November 7, 2013, and announced the following:
Regulation Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective October 9, 2013
Department of Transportation #18-423: Delivery of Certificates of Title (amends 67 Pa. Code, Chapter 23)
Department of Transportation #18-432: Intrastate Motor Carrier Safety Requirements (amends 67 Pa. Code, Chapter 231)
Regulation Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective November 6, 2013
Pennsylvania Public Utility Commission #57-293: Paper Copy and Electronic Copy Filing Requirements (amends 52 Pa. Code §§ 1.32, 1.37, 1.59, 3.101, 3.381, 3.383, 3.501, 5.502, 23.101, 23.121, 29.303, 32.2, 53.51, 54.32, 54.203, 57.72, 57.74, 57.141, 57.195, 59.81, and 62.103)
Board of Coal Mine Safety #7-481: Maintenance of Incombustible Content of Rock Dust (amends 25 Pa. Code Chapter 208)
Action Taken—Regulations Approved:
Pennsylvania Liquor Control Board #54-77: Repeals (deletes 40 Pa. Code Subsections 5.32(a) and (b))
Environmental Quality Board #7-478: Air Quality Title V Fee Amendment (amends 25 Pa. Code Chapter 127, Subchapter I)
Bureau of Professional and Occupational Affairs #16A-6917: Schedule of Civil Penalties—Social Workers, Marriage and Family Therapists and Professional Counselors (amends 49 Pa. Code Chapter 43b)
State Board of Social Workers, Marriage/Family Therapists and Professional Counselors #16A-6918: Continuing Education Audit and Enforcement (amends 49 Pa. Code §§ 47.37, 48.38 and 49.38)
State Board of Dentistry #16A-4627: Fees (amends 49 Pa. Code Sections 33.3 and 33.339)
State Board of Funeral Directors #16A-4822: Fees (amends 49 Pa. Code § 13.12)
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Approval Order Public Meeting Held
November 7, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq., abstained; Dennis A. Watson, Esq.
Pennsylvania Liquor Control Board—
Repeals; Regulation No. 54-77 (#3023)On September 11, 2013, the Independent Regulatory Review Commission (Commission) received this regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking deletes 40 Pa. Code Subsections 5.32(a) and (b). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation deletes provisions relating to limitations on noise and entertainment in response to a statutory change and a judicial ruling.
We have determined this regulation is consistent with the statutory authority of the Board (47 P. S. § 2-207(i)) 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
November 7, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Environmental Quality Board—
Air Quality Title V Fee Amendment;
Regulation No. 7-478 (#2980)On January 22, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 127, Subchapter I. The proposed regulation was published in the February 2, 2013 Pennsylvania Bulletin with a 65-day public comment period. The final-form regulation was submitted to the Commission on October 3, 2013.
This regulation increases the Title V annual emission fee to $85 per ton, for emissions up to 4,000 tons, for fees due by September 1, 2014.
We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 4006.3(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
November 7, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Bureau of Professional and Occupational Affairs—
Schedule of Civil Penalties—Social Workers, Marriage and Family Therapists and Professional Counselors;
Regulation No. 16A-6917 (#2972)On August 27, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Bureau of Professional and Occupational Affairs. This rulemaking amends 49 Pa. Code Chapter 43b. The proposed regulation was published in the September 8, 2012 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 20, 2013.
The regulation adds Section 43b.24, establishing a schedule of civil penalties for violations related to licensed social workers, marriage and family therapists and professional counselors.
We have determined this regulation is consistent with the statutory authority of the Bureau of Professional and Occupational Affairs (63 P. S. § 2205(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
November 7, 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 Social Workers, Marriage/Family Therapists and Professional Counselors—
Continuing Education Audit and Enforcement;
Regulation No. 16A-6918 (#2973)On August 28, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Social Workers, Marriage/Family Therapists and Professional Counselors (Board). This rulemaking amends 49 Pa. Code §§ 47.37, 48.38 and 49.38. The proposed regulation was published in the September 8, 2012 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 20, 2013.
This regulation amends continuing education requirements for licensed social workers; licensed marriage and family therapists; and licensed professional counselors, and provides for audits to ensure compliance with the continuing education requirements.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1918 (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
November 7, 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 Dentistry—
Fees; Regulation No. 16A-4627 (#2997)On March 25, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Dentistry (Board). This rulemaking amends 49 Pa. Code Sections 33.3 and 33.339. The proposed regulation was published in the April 6, 2013 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 20, 2013.
This regulation increases 16 application and renewal fees paid by individuals who are licensed or otherwise credentialed by the Board and also deletes an obsolete $15 fee for temporary permits for expanded function dental assistants. We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 123(b)) 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
November 7, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq., dissenting; Lawrence J. Tabas, Esq., dissenting; Dennis A. Watson, Esq.
State Board of Funeral Directors—
Fees; Regulation No. 16A-4822 (#3000)On April 2, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Funeral Directors (Board). This rulemaking amends 49 Pa. Code § 13.12. The proposed regulation was published in the April 13, 2013 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 26, 2013.
This rulemaking increases the biennial license renewal fees for funeral directors, funeral supervisors and funeral establishments from $325 to $400.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 479.18.1) 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.
SILVAN B. LUTKEWITTE, III,
Chairperson[Pa.B. Doc. No. 13-2202. Filed for public inspection November 22, 2013, 9:00 a.m.]
