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PA Bulletin, Doc. No. 99-1666

PROPOSED RULEMAKING

DEPARTMENT OF TRANSPORTATION

[67 PA. CODE CH. 453]

Distribution of Highway Maintenance Funds

[29 Pa.B. 5098]

   The Department of Transportation (Department), under the authority contained in 75 Pa.C.S. §§ 6103 and 9104 (relating to promulgation of rules and regulations by department; and standards and methodology for data collection), proposes to delete Chapter 453 (relating to distribution of highway maintenance funds) as set forth in Annex A.

Purpose of this Chapter

   Chapter 453 describes the standards and methodology for data collection for application of the rules governing distribution of State highway maintenance funds in 75 Pa.C.S. Chapter 91 (relating to State highway maintenance), to provide a reasonable balance of highway quality and conditions among the counties.

Purpose of this Proposed Rulemaking

   The purpose of this rulemaking is to delete Chapter 453. Chapter 453 is no longer needed because 75 Pa.C.S. § 9104 no longer requires the promulgation of standards and methodology for data collection in the form of regulations. Changes to the standards and methodology for data collection are to be published as a notice in the Pennsylvania Bulletin.

   The Department will publish all changes to the standards and methodology for data collection in the Pennsylvania Bulletin. A notice will first be announced in the Pennsylvania Bulletin that a change to the standards and methodology of data collection is being considered. After a sufficient amount of time has passed for questions or comments concerning the proposed change, a notice of the changes to the standards and methodology for data collection will be published in the Pennsylvania Bulletin.

Persons and Entities Affected

   This proposed rulemaking affects Department maintenance districts within this Commonwealth and the general motoring public which has occasion to use the State roadway network.

Fiscal Impact

   This proposed rulemaking will not impose increased costs on private persons, State or local governments. This rulemaking will not occasion the development of additional reports or other paperwork requirements.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 21, 1999, the Department submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Committees on Transportation. In addition to submitting this proposed rulemaking, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.

   If IRRC has objections to a portion of the proposed rulemaking, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the Department, the General Assembly and the Governor of objections raised.

Sunset Date

   The Department is not establishing a sunset date for these regulations since these regulations are being deleted.

Public Comments

   Interested persons are invited to submit, within 30 days of publication of this notice in the Pennsylvania Bulletin, written comments, suggestions or objections regarding the proposed amendments to J. Michael Long, P.E., Section Chief, Roadway Management Division, Bureau of Maintenance and Operations, 555 Walnut Street, 7th Fl. Forum Place, Harrisburg, PA 17120.

Contact Person

   The contact person is J. Michael Long, P.E., Section Chief, Roadway Management Division, Bureau of Maintenance and Operations, 555 Walnut Street, 7th Fl. Forum Place, Harrisburg, PA 17101, (717) 787-6899.

BRADLEY L. MALLORY,   
Secretary

   Fiscal Note: 18-352. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 67.  TRANSPORTATION

PART I.  DEPARTMENT OF TRANSPORTATION

Subpart B.  VEHICLE CODE PROVISIONS

ARTICLE III.  HIGHWAY

   (Editor's Note: The Department is proposing to delete the current version of Chapter 453 as it appears in the Pennsylvania Code, pages 453-1--453-5 (serial pages (251085)--(251089).)

CHAPTER 453.  (Reserved)

§§ 453.1--453.4.  (Reserved).

[Pa.B. Doc. No. 99-1666. Filed for public inspection October 1, 1999, 9:00 a.m.]


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