NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[34 Pa.B. 6292] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, November 4, 2004, and announced the following:
Regulation Deemed Approved under section 5(g) of the Regulatory Review Act--Effective November 3, 2004
Department of General Services #8-4: Instructions to Bidders (repeals existing Chapter 61)
Regulations Approved:
Department of General Services #8-3: General Conditions of Contract (repeals 4 Pa. Code Chapter 63)
Pennsylvania State Police #17-65: Use of Unmarked Vehicles (amends 37 Pa. Code Chapter 42)
State Board of Veterinary Medicine #16A-5715: Implanting Electronic Identification; Veterinary Technician (amends 49 Pa. Code Chapter 31)
State Board of Osteopathic Medicine #16A-5312: Delegation of Medical Services (amends Section 25.1 and adds Section 25.217 to 49 Pa. Code)
State Board of Psychology #16A-6314: Notice Requirements (adds Sections 41.91 and 41.92 to 49 Pa. Code Chapter 41)
State Board of Nursing #16A-5117: Continuing Education (adds Sections 21.332--21.337 to Title 49 Pa. Code)
State Board of Vehicle Manufacturers, Dealers and Salespersons #16A-604: Established Place of Business for Dealers (amends 49 Pa. Code Section 19.18)
State Real Estate Commission #16A-561: Education (amends 49 Pa. Code Chapter 35)
Environmental Quality Board #7-378: Small Sources of NOx, Cement Kilns and Large Internal Combustion Engines (amends 25 Pa. Code Chapters 121, 129 and 145)
Environmental Quality Board #7-386: Triennial Review of Water Quality Standards (amends 25 Pa. Code Chapter 93)
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Approval Order Public Meeting held
November 4, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Department of General Services--General Conditions of Contract; Regulation No. 8-3
On October 9, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of General Services (Department). This rulemaking repeals 4 Pa. Code Chapter 63. The proposed regulation was published in the October 26, 2002, Pennsylvania Bulletin with a 30-day public comment period. The Board resubmitted the proposed regulation on February 13, 2003, pursuant to Section 5(e) of the Regulatory Review Act, which was in effect at the time the regulation was proposed. The final-form regulation was submitted to the Commission on September 24, 2004.
This regulation repeals Chapter 63 of the Department's regulation relating to contract terms for Commonwealth construction projects.
We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. §§ 186 and 631.1) 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 4, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Pennsylvania State Police--Use of Unmarked Vehicles; Regulation No. 17-65
On February 4, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania State Police (State Police). This rulemaking amends 37 Pa. Code Chapter 42. The proposed regulation was published in the February 14, 2004, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 4, 2004.
This regulation establishes rules for the use of unmarked police vehicles by police officers as mandated by Act 75 of 2001.
We have determined this regulation is consistent with the statutory authority of the State Police (75 Pa.C.S. § 3328(a)) 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 4, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Veterinary Medicine--Implanting Electronic Identification; Veterinary Technician; Regulation No. 16A-5715
On February 24, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Veterinary Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 31. The proposed regulation was published in the March 6, 2004, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 1, 2004.
This regulation permits certified veterinary technicians and noncertified veterinary employees to implant electronic identification into animals under certain levels of veterinary supervision. It also updates terminology to be consistent with amendments to the Veterinary Medicine Practice Act (63 P. S. § 485.1, et seq.).
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 485.3(10)(viii) and 485.5(2)) 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 4, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Osteopathic Medicine--Delegation of Medical Services; Regulation No. 16A-5312
On December 16, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Osteopathic Medicine (Board). This rulemaking amends Section 25.1 and adds Section 25.217 to 49 Pa. Code. The proposed regulation was published in the January 3, 2004, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 1, 2004.
This rulemaking establishes the procedures and conditions under which osteopathic physicians may delegate the performance of medical services to other health care practitioners or technicians.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 271.3 and 271.16) 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 4, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Psychology--Notice Requirements; Regulation No. 16A-6314
On December 17, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Psychology (Board). This rulemaking adds Sections 41.91 and 41.92 to 49 Pa. Code Chapter 41. The proposed regulation was published in the January 3, 2004, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 1, 2004.
This regulation establishes notice requirements and procedures to follow if a licensee: is convicted of a felony or misdemeanor; is the subject of disciplinary action by a licensing authority of another state, territory or country; has voluntarily surrendered their license; or has their license suspended or revoked by the Board.
We have determined this regulation is consistent with the statutory authority of the State Board of Psychology (63 P. S. § 1203.2(2)) 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 4, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Nursing--Continuing Education; Regulation No. 16A-5117
On October 31, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Nursing (Board). This rulemaking adds §§ 21.332--21.337 to Title 49 Pa. Code. The proposed regulation was published in the November 16, 2002, Pennsylvania Bulletin with a 30-day public comment period. The Board resubmitted the proposed regulation on January 29, 2003, pursuant to Section 5(e) of the Regulatory Review Act, which was in effect at the time the regulation was proposed. The final-form regulation was submitted to the Commission on January 6, 2004. The Board withdrew this final-form regulation on January 28, 2004, and resubmitted the revised final-form regulation to the Commission on October 1, 2004.
This regulation establishes the continuing education requirements for certified registered nurse practitioners and for course providers. It includes procedures for applying for approval of course providers and recordkeeping.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 212.1(k) and 218.1(c)) 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 4, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Vehicle Manufacturers, Dealers and Salespersons--Established Place of Business for Dealers; Regulation No. 16A-604
On October 17, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Vehicle Manufacturers, Dealers and Salespersons (Board). This rulemaking amends 49 Pa. Code § 19.18. The proposed regulation was published in the November 2, 2002, Pennsylvania Bulletin with a 30-day public comment period. The Board resubmitted the proposed regulation on February 4, 2003, pursuant to Section 5(e) of the Regulatory Review Act, which was in effect at the time the regulation was proposed. The final-form regulation was submitted to the Commission on October 1, 2004.
This regulation establishes an exemption to the grading and surfacing requirements for vehicle display areas. This exemption allows vehicle dealers to have a non-conforming display area for up to five vehicles provided the public is not permitted in the display area.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 818.4(a)(9)) 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 4, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Real Estate Commission--Education; Regulation No. 16A-561
On September 3, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Real Estate Commission (SREC). This rulemaking amends 49 Pa. Code Chapter 35. The proposed regulation was published in the September 13, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 1, 2004.
This final-form rulemaking amends and adds provisions concerning: the death or injury of a broker/broker of record; pre-licensure; and continuing education. These changes are a result of SREC's ongoing review of its regulations.
We have determined this regulation is consistent with the statutory authority of the State Real Estate Commission (63 P. S. § 455.404) 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 4, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Environmental Quality Board--Small Sources of NOx, Cement Kilns and Large Internal Combustion Engines; Regulation No. 7-378
On October 8, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 121, 129 and 145. The proposed regulation was published in the October 19, 2002, Pennsylvania Bulletin with a 68-day public comment period. The Board resubmitted the proposed regulation on February 18, 2003, pursuant to Section 5(e) of the Regulatory Review Act, which was in effect at the time the regulation was proposed. The final-form regulation was submitted to the Commission on September 29, 2004.
This rulemaking amends three chapters of the Board's regulations. Chapters 121 and 129 establish ozone season emission limits for nitrogen oxides (NOx) for certain boilers, turbines and stationary internal combustion engines located in Bucks, Chester, Delaware, Montgomery and Philadelphia Counties. Chapter 145 applies Statewide and is being amended to include emission limits and controls for large stationary internal combustion engines and cement kilns.
We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 4005) 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 4, 2004Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Environmental Quality Board--Triennial Review of Water Quality Standards; Regulation No. 7-386
On October 7, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 93. The proposed regulation was published in the October 18, 2003, Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on October 1, 2004.
This final-form regulation represents the triennial review of the Commonwealth water quality standards as required by the federal Clean Water Act. It updates, corrects and clarifies the dissolved oxygen criteria and stream segments in the drainage lists.
We have determined this regulation is consistent with the statutory authority of the Environmental Quality Board (35 P. S. §§ 691.5 and 691.402) 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. 04-2084. Filed for public inspection November 19, 2004, 9:00 a.m.]
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