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PA Bulletin, Doc. No. 01-2179

RULES AND REGULATIONS

Title 67--TRANSPORTATION

DEPARTMENT OF TRANSPORTATION

[67 PA. CODE CH. 453]

Distribution of Highway Maintenance Funds

[31 Pa.B. 6670]

   The Department of Transportation (Department), Bureau of Maintenance and Operations, by this order deletes Chapter 453 (relating to distribution of highway maintenance funds) to read as set forth in Annex A.

Purpose of Final-Form Rulemaking

   The purpose of this final-form rulemaking is to delete Chapter 453. Chapter 453 is no longer needed because 75 Pa.C.S. § 9104 (relating to standards and methodology for data collection) 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 now to be published as a notice in the Pennsylvania Bulletin.

   The Department will publish any changes to the standards and methodology for data collection in the Pennsylvania Bulletin. A notice will first be published announcing that changes to the standards and methodology of data collection are being considered, inviting questions and comments from interested persons and the public. After a sufficient period for questions or comments concerning the proposed changes, a subsequent notice of the changes to the standards and methodology for data collection will be published in the Pennsylvania Bulletin.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the notice of proposed rulemaking, published at 29 Pa.B. 5098 (October 2, 1999), to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Transportation Committees. In addition to this final-form rulemaking, the Department 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.

   No comments were received from the public, IRRC or the Committees. Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), this final-form rulemaking was deemed approved by the House and Senate Committees on October 26, 2001. Under section 5(g) of the Regulatory Review Act, this final-form rulemaking was deemed approved by IRRC effective October 26, 2001, confirmed at meeting of IRRC on November 1, 2001.

Comments and Responses

   As there were no comments received from the public, IRRC or the Committees, the final-form text of these regulations contains no additions, deletions or other modifications to the rulemaking as previously proposed at 29 Pa. B. 5098.

Statutory Authority

   These final-form regulations are deleted 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).

Persons and Entities Affected

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

Fiscal Impact:  Paperwork Requirements

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

Effective Date

   This deletion will be effective on the date of final-form publication in the Pennsylvania Bulletin.

Sunset Date

   As this rulemaking effects a rescission of regulations, no sunset date is established.

Contact Person

   Individuals who seek information regarding this final-form rulemaking may contact J. Michael Long, P.E., Chief, Roadway Inventory and Testing Section, Roadway Management Division, Bureau of Maintenance and Operations, BOMO Annex Building, 907 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-8920.

Order

   The Department orders that:

   (a)  The regulations of the Department, 67 Pa. Code Chapter 453, are amended by deleting §§ 453.1--453.4 to read as set forth in Annex A.

   (b)  The Secretary of the Department shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality and form, as required by law.

   (c)  The Secretary shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.

   (d)  This order shall take effect upon publication in the Pennsylvania Bulletin.

BRADLEY L. MALLORY,   
Secretary

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 31 Pa.B. 6358 (November 17, 2001).)

   Fiscal Note:  Fiscal Note 18-352 remains valid for the final adoption of the subject regulations.

Annex A

TITLE 67.  TRANSPORTATION

PART I.  DEPARTMENT OF TRANSPORTATION

Subpart B.  VEHICLE CODE PROVISIONS

ARTICLE III.  HIGHWAY

CHAPTER 453.  (Reserved)

§§ 453.1--453.4  (Reserved).

[Pa.B. Doc. No. 01-2179. Filed for public inspection December 7, 2001, 9:00 a.m.]


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