Pennsylvania Bulletin

PA Bulletin, Doc. No. 03-1713

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[33 Pa.B. 4372]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, August 14, 2003, and announced the following:

Regulations Approved:

   Department of Agriculture #2-141: Milk Sanitation (amends 7 Pa. Code §§ 59.1 and 59.22)

   Department of Conservation and Natural Resources #7B-5: Snowmobile and All-Terrain Vehicle Registration and Operation (amends 17 Pa. Code Chapter 51)

   Department of Labor and Industry #12-59: Appeals from Determinations of Department (amends 34 Pa. Code Chapter 101)

   Department of Health #10-169: Supplemental Nutrition Program for Women, Infants and Children (amends 28 Pa. Code Part VIII, Chapters 1101, 1103, 1105, 1107, 1109 and 1113)

Approval Order

Public Meeting Held
August 14, 2003

Commissioners Voting:  Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

Department of Agriculture--Milk Sanitation; Regulation No. 2-141

   On September 18, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking amends 7 Pa. Code §§ 59.1 and 59.22. The proposed regulation was published in the September 28, 2002 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 2, 2003.

   Pasteurized milk containers are required to be labeled with a ''sell-by'' date. This regulation amends existing procedures and standards to extend the ''sell-by'' date by three days. It also exempts highly processed pasteurized dairy products from the sell-by date requirement.

   We have determined this regulation is consistent with the statutory authority of the Department (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.

____

Approval Order

Public Meeting Held
August 14, 2003

Commissioners Voting:  Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

Department of Conservation and Natural Resources--Snowmobile and All-Terrain Vehicle Registration and Operation; Regulation No. 7B-5

   On August 26, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Conservation and Natural Resources (Department). This rulemaking amends 17 Pa. Code Chapter 51. The proposed regulation was published in the September 7, 2002 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on July 9, 2003.

   The final-form regulation updates provisions relating to the registration of snowmobiles and all-terrain vehicles; establishes procedures for suspending and revoking registrations of dealers; increases fees for additional dealer plates; updates provisions concerning safety and training; and deletes unnecessary provisions.

   We have determined this regulation is consistent with the statutory authority of the Department (75 Pa.C.S.A. § 7704) 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
August 14, 2003

Commissioners Voting:  Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

Department of Labor and Industry--Appeals From Determinations of Department; Regulation No. 12-59

   On September 12, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code Chapter 101. The proposed regulation was published in the September 28, 2002 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 9, 2003.

   This regulation revises the manner in which parties in unemployment compensation matters may file appeals. It establishes rules for filing an appeal through personal delivery, the United States Postal Service, a common carrier, fax transmission or electronic transmission other than fax transmission.

   We have determined this regulation is consistent with the statutory authority of the Department (43 P. S. §§ 761(a) and 763(d) and 71 P. S. § 565) 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
August 14, 2003

Commissioners Voting:  Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

Department of Health--Supplemental Nutrition Program for Women, Infants and Children; Regulation No. 10-169

   On September 11, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code Part VIII, Chapters 1101, 1103, 1105, 1107, 1109 and 1113. The proposed regulation was published in the September 21, 2002 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 30, 2003.

   This regulation amends the Supplemental Nutrition Program for Women, Infants and Children (WIC Program) to achieve compliance with federal amendments to the WIC program; to eliminate the criteria used to limit the number of stores permitted to participate in the WIC program; and to establish a Vendor Advisory Workgroup to review retail store and food delivery issues.

   We have determined this regulation is consistent with the statutory authority of the Department (42 U.S.C.A. § 1786 and 71 P. S. § 532(g)) 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. 03-1713. Filed for public inspection August 29, 2003, 9:00 a.m.]

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