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PA Bulletin, Doc. No. 06-2337

RULES AND REGULATIONS

Title 4--ADMINISTRATION

DEPARTMENT OF GENERAL SERVICES

[4 PA. CODE CHS. 51, 53 AND 55]

Distribution of Federally-Donated Foods to Needy Households

[36 Pa.B. 7243]
[Saturday, December 2, 2006]

   The Department of General Services (Department), acting under sections 506 and 2402.2 of The Administrative Code of 1929 (71 P. S. §§ 186 and 631.1) and section 204 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204), known as the Commonwealth Documents Law (CDL), rescinds Chapters 51, 53 and 55 to read as set forth in Annex A.

Omission of Proposed Rulemaking

   Public notice of intention to rescind the regulations under the procedures in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) has been omitted for good cause as authorized under section 204(3) of the CDL because the Department finds that these procedures are, under the circumstances, unnecessary. The continuing presence of these obsolete regulations serves no purpose and may, in fact, confuse the public.

Purpose

   Chapters 51, 53 and 55 addressed the procedures and guidelines for the distribution of Federally-donated foods to needy households. The chapters are being rescinded because they are obsolete. The regulations were promulgated in 1964 under the authority of sections 301 and 401 of the County Institution District Law (62 P. S. §§ 2251 and 2301). The responsibility for this program was transferred to the Department of Agriculture under 71 P. S. § 751-28 (Reorganization Plan No. 1 of 1981).

Background

   After the transfer of responsibility under the Reorganization Plan, the Department of Agriculture continued the program of distribution of Federally-donated foods to needy households. The Department used grant agreements with individual county governments (or with designated lead agencies) to prescribe how grant funds were to be used and to define the responsibilities of the parties.

   In 1992, the General Assembly formalized the program by enacting the State Food Purchase Program Act (act) (62 P. S. §§ 4041--4049). The act directed the Department of Agriculture to develop rules and regulations. The Department of Agriculture published a proposed rulemaking at 24 Pa.B. 358 (January 15, 1994) and a final-form rulemaking at 24 Pa.B. 5412 (October 29, 1994). See 7 Pa. Code Chapter 160 (relating to State food purchase program).

   The 1992 legislation and the 1994 regulations now govern the program transferred to the Department of Agriculture in 1981. Accordingly, the Department rescinds its regulations on the subject.

Fiscal Impact

   There will be no fiscal impact.

Paperwork Requirements

   The final-omitted rulemaking will impose no new or different paperwork requirements.

Regulatory Review

   Under section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)), on October 5, 2006, the Department submitted a copy of the final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Committees on State Government. On the same date, the final-form rulemaking was submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).

   Under section 5.1(j.2) of the Regulatory Review Act, on November 15, 2006, the final-omitted rulemaking was deemed approved by the House and Senate Committees. On October 11, 2006, the Attorney General approved the final-omitted rulemaking. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 16, 2006, and approved the final-omitted rulemaking.

Additional Information

   Individuals interested in further information should contact Mary Benefield Seiverling, Assistant Chief Counsel, Department of General Services, 603 North Office Building, Harrisburg, PA 17125, (717) 772-2749.

Findings

   The Department finds that:

   (1)  Public notice of intention to rescind the regulations adopted by this order under the procedure in sections 201 and 202 of the CDL was omitted for good cause under the authority in section 204(3) of the CDL because notice, under the circumstances, is unnecessary. The continuing presence of these obsolete regulations served no purpose and may, in fact, have confused the public.

   (2)  The rescission of the regulations in the manner provided in this order is necessary and appropriate.

Order

   The Department, acting under its statutory authority, orders that:

   (a)  The regulations of the Department, 4 Pa. Code Chapters 51, 53 and 55, are amended by deleting §§ 51.1--51.7, 53.1, 53.11--53.16, 53.21--53.25, 55.1, 55.2, 55.11--55.15, 55.21, 55.22, 55.31--55.33, 55.41--55.49, 55.51, 55.52, 55.61, 55.62, 55.71--55.73 and 55.81--55.85 to read as set forth in Annex A.

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

   (c)  The Secretary of the Department 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 final publication in the Pennsylvania Bulletin.

JAMES P. CREEDON,   
Secretary

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 7353 (December 2, 2006).)

   Fiscal Note:  8-11. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 4.  ADMINISTRATION

PART III.  DEPARTMENT OF GENERAL SERVICES

Subpart B.  (Reserved)

CHAPTER 51.  (Reserved)

§§ 51.1--51.7.  (Reserved).

CHAPTER 53.  (Reserved)

§ 53.1.  (Reserved).

§§ 53.11--53.16.  (Reserved).

§§ 53.21--53.25.  (Reserved).

CHAPTER 55.  (Reserved)

§ 55.1.  (Reserved).

§ 55.2.  (Reserved).

§§ 55.11--55.15.  (Reserved).

§ 55.21.  (Reserved).

§ 55.22.  (Reserved).

§§ 55.31--55.33.  (Reserved).

§§ 55.41--55.49.  (Reserved).

§ 55.51.  (Reserved).

§ 55.52.  (Reserved).

§ 55.61.  (Reserved).

§ 55.62.  (Reserved).

§§ 55.71--55.73.  (Reserved).

§§ 55.81--55.85.  (Reserved).

[Pa.B. Doc. No. 06-2337. Filed for public inspection December 1, 2006, 9:00 a.m.]


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