NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[33 Pa.B. 5791] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, November 6, 2003, and announced the following:
Regulations Approved
Department of Transportation #18-384: Enhanced Emission Inspection Program (amends 67 Pa. Code Chapter 177)
Department of Revenue #15-418: Personal Income Tax; Employer Withholding (amends 61 Pa. Code Chapters 113 and 121)
Department of Revenue #15-423: Repeal of Obsolete Lottery Regulations (amends 61 Pa. Code Chapters 817, 831, 867, 868 and 869)
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Approval Order Public Meeting held
November 6, 2003Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Department of Transportation--Enhanced Emission Inspection Program; Regulation No. 18-384
On September 11, 2003, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code Chapter 177. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin. On October 10, 2003, the Department tolled the review of this regulation and simultaneously submitted revisions to correct typographical errors and clarify specific provisions in the regulation.
In response to Federal standards imposed by the Clean Air Act, the Department is incorporating on-board diagnostic (OBD) testing in its emission inspection program. Annual OBD inspections of 1996 model year and newer vehicles will be required in 17 counties in the Philadelphia, Pittsburgh, Lehigh Valley and South Central regions of the state. Tailpipe testing will still be required for older vehicles in the Philadelphia and Pittsburgh regions. Annual visual inspections and gas cap tests will be required in eight counties across northern Pennsylvania.
We have determined this regulation is consistent with the statutory authority of the Department (75 P. S. §§ 4706 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.
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Approval Order Public Meeting held
November 6, 2003Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Department of Revenue--Personal Income Tax; Employer Withholding; Regulation No. 15-418
On August 17, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Revenue (Department). This rulemaking amends 61 Pa. Code Chapters 113 and 121. The proposed regulation was published in the September 1, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 30, 2003.
This regulation amends provisions related to the taxation of cafeteria plans and tip income. It clarifies language pertaining to liability for withheld tax. It also updates rules relating to an employer's filing responsibilities.
We have determined this regulation is consistent with the statutory authority of the Department (72 P. S. § 7354) and the intention of the General Assembly. Having considered all 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
November 6, 2003Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Department of Revenue--Repeal of Obsolete Lottery Regulations; Regulation No. 15-423
On September 30, 2003, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Revenue. This rulemaking amends 61 Pa. Code Chapters 817, 831, 867, 868 and 869. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation deletes six obsolete on-line lottery games. The games are: Pennsylvania Lotto, Wild Card Lotto, Pennsylvania Super 7, Hearts and Diamonds, Keystone Jackpot and Pennsylvania Lottery 25th Anniversary TV Game Show.
We have determined this regulation is consistent with the statutory authority of the Department of Revenue (72 P. S. § 3761-303) 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. 03-2246. Filed for public inspection November 21, 2003, 9:00 a.m.]
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