NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[39 Pa.B. 5096]
[Saturday, August 22, 2009]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, August 6, 2009, and announced the following:

Regulations Deemed Approved Pursuant to section 5(g) of the Regulatory Review Act--Effective August 5, 2009:

   Pennsylvania Public Utility Commission #57-262: Household Goods in Use Carrier (amends 52 Pa. Code § 21.1)

   State Board of Pharmacy #16A-5422: Fees (amends 49 Pa. Code § 27.91)

Action Taken--Regulations Approved:

   Municipal Police Officers' Education and Training Commission #17-75: Retired Law Enforcement Officers Identification and Qualification Cards (amends 37 Pa. Code Chapter 221)

   Environmental Hearing Board #106-9: Practice and Procedure (amends Pa. Code 25 Chapter 1021)

   Environmental Quality Board #7-404: Bluff Recession and Setback (amends 25 Pa. Code Chapter 85)

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Approval Order

Public Meeting held
August 6, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson, by Phone; S. David Fineman, Esq.; Nancy Sabol Frantz, Esq., by Phone; John F. Mizner, Esq.

Municipal Police Officers' Education and Training Commission--Retired Law Enforcement Officers Identification and Qualification Cards;
Regulation No. 17-75 (#2661)

   On March 14, 2008, the Independent Regulatory Review Commission received this proposed regulation from the Municipal Police Officers' Education and Training Commission (Commission). This rulemaking amends 37 Pa. Code Chapter 221. The proposed regulation was published in the March 29, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 1, 2009.

   This regulation establishes the requirements for the issuance of identification and qualification cards for retired law enforcement officers to carry concealed weapons under the Retired Law Enforcement Identification Act.

   We have determined this regulation is consistent with the statutory authority of the Commission (53 P. S. § 753.7) 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
August 6, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson, by Phone; S. David Fineman, Esq.; Nancy Sabol Frantz, Esq., by Phone, Abstaining; John F. Mizner, Esq.

Environmental Hearing Board--
Practice and Procedure;
Regulation No. 106-9 (#2732)

   On October 28, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Hearing Board (Board). This rulemaking amends Pa. Code 25 Chapter 1021. The proposed regulation was published in the November 8, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 30, 2009.

   This regulation amends Chapter 1021 of the Board's existing practice and procedure regulations to improve uniformity and clarity for parties litigating before the Board. The requirements pertain to service, prepayment of penalties, pleadings, default judgments, discovery and expedited hearings.

   We have determined this regulation is consistent with the statutory authority of the Board 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
August 6, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson, by Phone; S. David Fineman, Esq.; Nancy Sabol Frantz, Esq., by Phone; John F. Mizner, Esq.

Environmental Quality Board--
Bluff Recession and Setback;
Regulation No. 7-404 (#2717)

   On August 13, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 85. The proposed regulation was published in the August 23, 2008 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on July 2, 2009.

   This final-form regulation amends existing regulations with regard to bluff recession and setback requirements along the Lake Erie shoreline.

   We have determined this regulation is consistent with the statutory authority of the Board (32 P. S. §§ 5204(c) and 5205(b)) 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.

ARTHUR COCCODRILLI,   
Chairperson

[Pa.B. Doc. No. 09-1586. Filed for public inspection August 21, 2009, 9:00 a.m.]

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