INDEPENDENT REGULATORY REVIEW COMMISSION Action Taken by the Commission [44 Pa.B. 1534]
[Saturday, March 15, 2014]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, February 27, 2014, and announced the following:
Action Taken—Regulations Approved:
Department of Revenue #15-458: Payments by Electronic Funds Transfer (amends 61 Pa. Code (§§ 5.3 and 5.7))
State Board of Cosmetology #16A-4515: Fees—Cosmetology (amends 49 Pa. Code § 7.2)
State Board of Barber Examiners #16A-428: Fees (amends 49 Pa. Code § 3.103)
Pennsylvania Liquor Control Board #54-73: Sale by Licensed Limited Distilleries and Distilleries (amends 40 Pa. Code by adding §§ 11.221 and 11.222)
Department of Agriculture #2-174: Food Code; Food Employee Certification (amends 7 Pa. Code (Chapters 46 and 76))
Environmental Quality Board #7-477: Measurement and Reporting of Condensable Particulate Matter Emissions (amends 25 Pa. Code Sections 121.1, 139.12 and 139.53)
Department of Transportation #18-420: Public Transportation—Sustainable Mobility (establishes 67 Pa. Code Chapter 427)
Action Taken—Regulations Disapproved: Order Not Yet Issued
*Department of Banking and Securities #3-51: Assessments
*Department of Labor and Industry #12-91: Prohibition of Excessive Overtime in Health Care Act Regulations
*Will advise when order is issued.
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Approval Order Public Meeting Held
February 27, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Department of Revenue—Payments by Electronic Funds Transfer; Regulation No. 15-458 (#3045) On December 20, 2013, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Revenue (Department). This rulemaking amends 61 Pa. Code (§§ 5.3 and 5.7). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation implements a statutory change enacted under Act 71 of 2013 to require all businesses that remit tax payments between $1,000 and $10,000 by standard check to make those payments via electronic funds transfer or by certified check, beginning January 1, 2014.
We have determined this regulation is consistent with the statutory authority of the Department (72 P. S. § 9) 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
February 27, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
State Board of Cosmetology—Fees—Cosmetology; Regulation No. 16A-4515 (#2996) On March 25, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Cosmetology (Board). This rulemaking amends 49 Pa. Code § 7.2. 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 December 30, 2013.
This regulation increases the biennial license renewal fees for all licensees and increases certain application fees to cover the costs of processing applications.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 522(c) and (d)) 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
February 27, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
State Board of Barber Examiners—Fees;
Regulation No. 16A-428 (#2998)On March 25, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Barber Examiners (Board). This rulemaking amends 49 Pa. Code § 3.103. 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 December 30, 2013.
This rulemaking increases biennial license renewal fees and application fees.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 564(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
February 27, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq., Abstained; Dennis A. Watson, Esq.
Pennsylvania Liquor Control Board—
Sale by Licensed Limited Distilleries and Distilleries;
Regulation No. 54-73 (#2999)On March 27, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code by adding §§ 11.221 and 11.222. 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 January 24, 2014.
This rulemaking permits licensed limited distilleries and distilleries to deliver their products directly to consumers, retail licensees or the Board.
We have determined this regulation is consistent with the statutory authority of the Board (47 P.S §§ 2-207(i) and 5-505.4) 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
February 27, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Department of Agriculture—Food Code;
Food Employee Certification;
Regulation No. 2-174 (#2962)On August 1, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking amends 7 Pa. Code (Chapters 46 and 76). The proposed regulation was published in the August 11, 2012 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 14, 2014.
This final-form regulation implements changes necessitated by Act 106 of 2010, which overhauled the food-related statutes administered and enforced by the Department. The regulation amends Pennsylvania's Food Code to incorporate more fully the food safety standards of the U.S. Department of Health, Food and Drug Administration's Model Food Code as Pennsylvania's regulatory food safety standards.
We have determined this regulation is consistent with the statutory authority of the Department (3 Pa.C.S.A. §§ 5707(a), 5733(a), and 6505, and 31 P. S. §§ 660c) 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
February 27, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Environmental Quality Board—Measurement and Reporting of Condensable Particulate Matter Emissions; Regulation No. 7-477 (#2955) On June 22, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Sections 121.1, 139.12 and 139.53. The proposed regulation was published in the July 7, 2012 Pennsylvania Bulletin with a 65-day public comment period. The final-form regulation was submitted to the Commission on January 24, 2014.
This regulation updates and clarifies sampling and testing requirements for stationary emission sources relating to particulate matter.
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
February 27, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Department of Transportation—Public Transportation—Sustainable Mobility;
Regulation No. 18-420 (#2922)On November 1, 2011, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking establishes 67 Pa. Code Chapter 427. The proposed regulation was published in the November 12, 2011 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on December 11, 2013. On January 14, 2014, the Commission received a request from the Department to toll consideration of this final-form regulation to add some provisions that were omitted and to make minor corrections. On January 29, 2014, the Department submitted its revisions to the final-form regulation to the Commission.
This regulation sets forth standards, procedures and requirements for transportation organizations to apply for and receive financial assistance from the Public Transportation Trust Fund established by Act 44 of 2007.
We have determined this regulation is consistent with the statutory authority of the Department (74 Pa.C.S. § 1502(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.
JOHN F. MIZNER, Esq.,
Chairperson[Pa.B. Doc. No. 14-560. Filed for public inspection March 14, 2014, 9:00 a.m.]
