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PA Bulletin, Doc. No. 05-966

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[35 Pa.B. 2972]

   The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, April 28, 2005, and announced the following:

Regulation Deemed Approved under section 5(g) of the Regulatory Review Act--Effective April 27, 2005

   Department of State #16-33: Fees for Notary Services (amends 4 Pa. Code § 161.1)

Regulations Approved

   Pennsylvania Public Utility Commission #57-234: Public Utility Security Planning and Readiness (adds 52 Pa. Code Chapter 101)

   State Board of Optometry #16A-528: General Revisions (amends 49 Pa. Code Chapter 23)

Approval Order

Public Meeting held
April 28, 2005

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

Pennsylvania Public Utility Commission--Public Utility Security Planning and Readiness; Regulation No. 57-234

   On June 3, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking adds 52 Pa. Code Chapter 101. The proposed regulation was published in the June 19, 2004, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 15, 2004. On November 17, 2004, the PUC withdrew the final-form regulation. On March 24, 2005, the PUC resubmitted the final-form regulation.

   This regulation requires all jurisdictional utilities to develop and maintain written physical security, cyber security, emergency response and business continuity plans. Jurisdictional utilities must submit a self certification form to the PUC documenting compliance with the requirements contained in Chapter 101.

   We have determined this regulation is consistent with the statutory authority of the Pennsylvania Public Utility Commission (66 Pa.C.S. §§ 501, 504 and 1501) 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
April 28, 2005

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

State Board of Optometry--General Revisions; Regulation No. 16A-528

   On February 12, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Optometry (Board). This rulemaking amends 49 Pa. Code Chapter 23. The proposed regulation was published in the March 1, 2003, Pennsylvania Bulletin with a 30-day public comment period. A final-form regulation was submitted to the Commission on October 1, 2004. On October 15, 2004, the Board withdrew that final-form regulation. On March 24, 2005, the Board resubmitted the final-form regulation.

   This regulation establishes the means and methods for the examination, diagnosis and treatment of conditions of the visual system. It also updates requirements related to practice location, equipment and the filling of prescriptions.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 244.3(a) (2.1), 244.3(a)(3), 244.3(b)(9) and 244.3(b)(14)) 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. 05-966. Filed for public inspection May 13, 2005, 9:00 a.m.]


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