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PA Bulletin, Doc. No. 04-1708

RULES AND REGULATIONS

Title 37--LAW

STATE POLICE

[37 PA. CODE CH. 41]

Designation of Emergency Vehicles

[34 Pa.B. 5134]

   The State Police amends § 41.5 (relating to eligibility) to authorize the Commissioner of the State Police to designate certain vehicles used by the Department of Corrections (Department) as emergency vehicles. Under 75 Pa.C.S. § 6106 (relating to designation of emergency vehicles by Pennsylvania State Police), the State Police may designate a vehicle or group of vehicles as emergency vehicles upon a finding that the designation is necessary to the preservation of life or property or to the execution of emergency governmental functions. This final-form rulemaking amends § 41.5 to allow the Department to apply for emergency vehicle designation of vehicles used by its Hostage Rescue Teams, Hostage Negotiation Teams, Corrections Emergency Response Teams, Corrections Rifle Specialist Teams and the Central Office Special Teams Coordinator.

Statutory Authority

   The final-form rulemaking is authorized by 75 Pa.C.S. § 6106.

Affect

   The final-form rulemaking will affect the Department.

Fiscal Impact

   The final-form rulemaking will have a minimal fiscal impact.

Paperwork Requirements

   The final-form rulemaking will not require the completion of additional forms, reports or other paperwork.

Effective Date/Sunset Date

   The final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin. No sunset date has been assigned; however, every facet of this final-form rulemaking will be continuously reviewed for effectiveness, clarity and whether it is serving the greater interests of citizens of this Commonwealth.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on December 8, 2003, the State Police submitted a copy of the notice of proposed rulemaking, published at 33 Pa.B. 6228 (December 20, 2003), to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Judiciary Committee and the Senate Committee on Law and Justice for review and comment.

   Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.

   Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on July 27, 2004, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(g) of the Regulatory Review Act, the amendment was deemed approved effective July 28, 2004.

Contact Person

   The contact person is Syndi L. Guido, Policy Director, State Police, 1800 Elmerton Avenue, Harrisburg, PA 17110, (717) 772-0905. Individuals with a disability who require an alternative format of this final-form rulemaking (such as, large print, audio tape or Braille) should contact Syndi Guido to make the necessary arrangements.

Findings

   The State Police finds that:

   (1)  Public notice of intention to adopt the amendment has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  A public comment period was provided and no comments were received.

   (3)  The adoption of this final-form rulemaking in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statute.

Order

   The State Police, acting under the authorizing statute, orders that:

   (a)  The regulations of the State Police, 37 Pa. Code Chapter 41, are amended by amending § 41.5 to read as set forth in Annex A.

   (b)  The State Police will submit this order and Annex A to the Office of General Counsel and the Office of Attorney General as required by law for approval as to form and legality.

   (c)  The State Police 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.

COL. JEFFREY B. MILLER,   
Commissioner

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 34 Pa.B. 4528 (August 14, 2004).)

   Fiscal Note: Fiscal Note 17-66 remains valid for the final adoption of the subject regulation.

Annex A

TITLE 37. LAW

PART I. STATE POLICE

CHAPTER 41. DESIGNATION OF
EMERGENCY VEHICLES

§ 41.5. Eligibility.

   (a)  Considerations. The following vehicles may qualify for an emergency vehicle designation:

   (1)  The Pennsylvania Emergency Management Agency and local emergency management organization vehicle.

   (2)  Bona fide rescue organization vehicle.

   (3)  Department of Corrections vehicles used by members of the Department's Hostage Rescue Teams, Hostage Negotiation Teams, Corrections Emergency Response Teams, Corrections Rifle Specialist Teams and Central Office Special Teams Coordinator.

   (b)  Exclusions. Private vehicles of the following persons will not be considered for an emergency vehicle designation:

   (1)  Volunteer firemen, fire commissioners, fire inspectors, fire police, fire engineers, other fire department or fire company personnel and members of rescue organizations.

   (2)  Police, special police, auxiliary police, part-time police, constables, security police and campus police.

   (3)  Pennsylvania Emergency Management Agency, local emergency management organization or disaster control personnel.

   (4)  Red Cross personnel.

   (5)  Military personnel.

   (6)  The Department of Corrections, its personnel, and members of its Hostage Rescue Teams, Hostage Negotiation Teams, Corrections Emergency Response Teams, Corrections Rifle Specialist Teams and Central Office Special Teams Coordinator.

   (c)  Restriction. A designation will be issued only for a vehicle owned or leased by the applicant.

[Pa.B. Doc. No. 04-1708. Filed for public inspection September 17, 2004, 9:00 a.m.]


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