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PA Bulletin, Doc. No. 05-2169

RULES AND REGULATIONS

Title 67--TRANSPORTATION

DEPARTMENT OF TRANSPORTATION

[67 PA. CODE CH. 65]

Permit Agents

[35 Pa.B. 6436]

   The Department of Transportation, under 75 Pa.C.S. §§ 6103, 6142 and 6145 (relating to promulgation of rules and regulations by department; reciprocity agreements, arrangements and declarations; proportional registration of fleet vehicles), amends Chapter 65 (relating to permit agents).

Purpose of this Chapter

   The purpose of Chapter 65 is to establish rules governing the qualifications and duties of designated agents for the issuance of trip permits, hunter permits and telegrams of authority under Chapter 63 (relating to proportional registration of fleet vehicles).

Purpose of this Final-Form Rulemaking

   The purpose of this final-form rulemaking is to clarify the definition of ''telegram of authority'' and to extend the term of the telegram of authority. Currently, the regulation provides that a telegram of authority authorizes the use of a Commonwealth based fleet vehicle under temporary registration for a period of 30 days. Recent proposed amendments to Chapter 63 extend the period of temporary registration under a telegram of authority to 60 days. The purpose of this final-form rulemaking is to conform the definition of ''telegram of authority'' to the definition in the proposed amendment to Chapter 63.

Persons and Entities Affected

   This final-form rulemaking affects permit agents designated to issue trip permits, hunter permits and telegrams of authority under Chapter 63.

Fiscal Impact

   The final-form rulemaking will not require any additional expenditure by the Bureau of Motor Vehicles or the permit agents.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 15, 2004, the Department submitted a copy of the notice of proposed rulemaking, published at 34 Pa.B. 6339 (November 24, 2005), to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Transportation Committees 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 September 6, 2005, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(g) of the Regulatory Review Act, this final-form rulemaking was deemed approved by IRRC effective October 5, 2005, confirmed at meeting of IRRC on October 6, 2005.

Sunset Date

   The Department is not establishing a sunset date for the regulation, as the regulation is needed to administer provisions of 75 Pa.C.S. (relating to Vehicle Code). The Department, however, will continue to closely monitor these regulations for their effectiveness.

Contact Person

   The contact person for this final-form rulemaking is Joseph Centurione, Manager, Customer Service Division, Bureau of Motor Vehicles, 1101 S. Front Street, Harrisburg, PA 17104, (717) 787-2780.

Order

   The Department orders that:

   (a)  The regulations of the Department, 67 Pa. Code Chapter 65, are amended by amending § 65.2 to read as set forth at 34 Pa.B. 6339.

   (b)  The Secretary of the Department shall submit this order and 34 Pa.B. 6339 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 34 Pa.B. 6339 and deposit them with the Legislative Reference Bureau, as required by law.

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

ALLEN D. BIEHLER, P.E.,   
Secretary

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 35 Pa.B. 5893 (October 22, 2005).)

   Fiscal Note:  Fiscal Note 18-399 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 05-2169. Filed for public inspection November 23, 2005, 9:00 a.m.]


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