INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [35 Pa.B. 3632] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, June 9, 2005, and announced the following:
Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective June 8, 2005
Department of Transportation #18-397: Occupational Limited License (adds 67 Pa. Code Chapter 86)
Regulations Approved
Pennsylvania Liquor Control Board #54-62: Point System for Certain Licensees (adds 40 Pa. Code §§ 3.121 and 3.122)
Department of Transportation #18-400: School Buses and School Vehicles (amends 67 Pa. Code Chapter 171)
Approval Order Public Meeting held
June 9, 2005Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli
Pennsylvania Liquor Control Board--Point System for Certain Licensees; Regulation #54-62 On April 13, 2005, the Independent Regulatory Review Commission (Commission) received this regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking adds Sections 3.121 and 3.122 to 40 Pa. Code. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin. On May 24, 2005, the Board tolled the review of this regulation and simultaneously submitted a revised regulation with technical corrections.
This regulation implements a provision in Section 479 of the Liquor Code which authorizes the Board to assign points against a proprietor's liquor license for certain violations of the Liquor Code. Section 479 and this regulation apply to cities of the first class.
We have determined this regulation is consistent with the statutory authority of the Board (47 P. S. §§ 2-207(i) and 4-479(c)) 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.
Approval Order Public Meeting held
June 9, 2005Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli
Department of Transportation--School Buses and School Vehicles; Regulation No. 18-400 On May 10, 2005, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code Chapter 171. Notice of proposed rulemaking was omitted for this final regulation. Governor Edward G. Rendell certified the regulation as necessary to meet an emergency on April 29, 2005. The regulation became effective upon publication in the Pennsylvania Bulletin on May 21, 2005.
The regulation updates existing technical standards and color and marking requirements for school buses to be consistent with Federal Motor Vehicle Safety Standards and industry specifications. The updates are necessary to ensure that new school buses pass safety inspections prior to the 2005-2006 school year.
We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. § 745.6(d) and 75 Pa.C.S. §§ 4551, 4552, 4553 and 6103) 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 R. MCGINLEY, Jr.,
Chairperson[Pa.B. Doc. No. 05-1236. Filed for public inspection June 24, 2005, 9:00 a.m.]
