INDEPENDENT REGULATORY REVIEW COMMISSION Action Taken by the Commission [42 Pa.B. 7877]
[Saturday, December 29, 2012]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, December 13, 2012, and announced the following:
Regulations Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective November 30, 2012
Department of Revenue #15-456: Personal Income Tax; Amended Returns (amends 61 Pa. Code §§ 117.1, 117.7, 119.13, 119.13a, 119.13b, 119.18 and 121.25)
Action Taken—Regulations Approved:
Pennsylvania Gaming Control Board #125-156: Practice and Procedure; Server Supported Slot Systems; Compulsive and Problem Gambling (amends 58 Pa. Code Chapters 401a, 403a, 405a, 407a, 461a, 471a, 491a, 493a, 494a, 495a, 497a, 499a, 501a, and 511a)
Pennsylvania Liquor Control Board #54-70: Office of Administrative Law Judge; Payment of Fees and Fines (amends 40 Pa. Code §§ 15.24 and 15.61)
Department of Revenue #15-454: Board of Appeals; Small Games of Chance (amends 61 Pa. Code Chapters 7 and 901)
Environmental Quality Board #7-462: Commercial Fuel Oil Sulfur Limits for Combustion Units (amends 25 Pa. Code Chapters 121, 123 and 139)
Environmental Quality Board #7-466: Dam Safety and Waterway Management Fees (amends 25 Pa. Code Chapter 105)
Action Taken—Regulation Disapproved: Order Not Yet Issued
* Department of Labor and Industry #12-96: Unemployment Compensation; Active Search for Work
*Will advise when order is issued.
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Approval Order Public Meeting Held
December 13, 2012Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq., abstained; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Pennsylvania Gaming Control Board—
Practice and Procedure; Server Supported Slot Systems; Compulsive and Problem Gambling;
Regulation No. 125-156 (#2914)On September 15, 2011, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code Chapters 401a., 403a., 405a., 407a., 461a., 471a., 491a., 493a., 494a., 495a., 497a., 499a., 501a., and 511a. The proposed regulation was published in the October 8, 2011 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 24, 2012.
This regulation improves the clarity and effectiveness of the Board's practices and procedures and also updates requirements for server supported slot systems.
We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. § 1202(b)(30)) 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
December 13, 2012Commissioners 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—
Office of Administrative Law Judge; Payment of Fees and Fines;
Regulation No. 54-70 (#2936)On March 9, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code §§ 15.24 and 15.61. The proposed regulation was published in the March 24, 2012 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 2, 2012.
This regulation expands the acceptable forms of payment of filing fees and fines by licensees to the Office of Administrative Law Judge within the Board.
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
December 13, 2012Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Department of Revenue—
Board of Appeals; Small Games of Chance;
Regulation No. 15-454 (#2933)On February 28, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Revenue (Department). This rulemaking amends 61 Pa. Code Chapters 7 and 901. The proposed regulation was published in the March 10, 2012 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 18, 2012.
This final-form rulemaking deletes the Department's existing Board of Appeals regulations and certain sections of the Department's Small Games of Chance regulations pertaining to appeals and replaces those provisions with a consolidated and uniform set of appeals procedures.
We have determined this regulation is consistent with the statutory authority of the Department (72 P. S. § 6 and 10 P. S. § 328.306) 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
December 13, 2012Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson, abstained; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Environmental Quality Board—
Commercial Fuel Oil Sulfur Limits for Combustion Units; Regulation No. 7-462 (#2874)On September 13, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapters 121, 123 and 139. The proposed regulation was published in the September 25, 2010 Pennsylvania Bulletin with a 65-day public comment period. The final-form regulation was submitted to the Commission on November 8, 2012.
Effective July 1, 2016, this regulation lowers the allowable sulfur content of commercial fuel oil for use in combustion units and adds provisions for sampling. It also amends related definitions.
We have determined this regulation is consistent with the statutory authority of the EQB (35 P. S. § 4005(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
December 13, 2012Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq., abstained
Environmental Quality Board—
Dam Safety and Waterway Management Fees;
Regulation No. 7-466 (#2927)On January 18, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 105. The proposed regulation was published in the January 28, 2012 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 8, 2012.
The rulemaking amends the Dam Safety and Waterway Management regulations to update existing fees and include additional fees in order to offset a portion of the operating costs of the Water Obstruction and Encroachment Program and the Dam Safety Program.
We have determined this regulation is consistent with the statutory authority of the Board under The Clean Streams Law (35 P. S. §§ 691.5, 691.6 and 691.402), the Flood Plain Management Act (32 P. S. § 679.302) and the Dam Safety and Encroachments Act (32 P. S. §§ 693.5, 693.7, 693.10, 693.11 and 693.17) 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. 12-2544. Filed for public inspection December 28, 2012, 9:00 a.m.]
