NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Action Taken by the Commission
[40 Pa.B. 5655]
[Saturday, October 2, 2010]The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, September 16, 2010, and announced the following:
Regulations Deemed Approved under Section 5(g) of the Regulatory Review Act—Effective September 15, 2010:
State Board of Landscape Architects #16A-619: Fees—Landscape Architect (amends 49 Pa. Code § 15.12)
Milk Marketing Board #47-14: Transactions Between Dealers and Producers (amends 7 Pa. Code Chapter 143)
Action Taken—Regulations Approved:
Department of Transportation #18-409: Air Transportation (amends 67 Pa. Code Chapters 471, 473, 477 and 479)
State Board of Podiatry #16A-4410: Continuing Education (amends 49 Pa. Code §§ 29.61 and 29.63a)
State Board of Physical Therapy #16A-613: Continuing Education Providers (amends 49 Pa. Code § 40.63)
Department of Transportation #18-415: Transportation Enhancement Grants from Automated Red Light Enforcement System Revenues (establishes 67 Pa. Code Chapter 233)
Department of Health #10-191: Physician Assistants and Certified Registered Nurse Practitioners (amends 28 Pa. Code § 211.7)
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Approval Order Public Meeting held
September 16, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson, by Phone; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq.
Department of Transportation—
Air Transportation;
Regulation No. 18-409 (#2710)On July 22, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code Chapters 471, 473, 477 and 479. The proposed regulation was published in the August 9, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 21, 2010. On August 16, 2010, the Commission requested that the Board toll consideration of this final-form regulation to address drafting errors, provisions that could be clarified, and provisions that conflict with each other. On August 20, 2010, the Board simultaneously tolled and submitted its revisions to the final-form regulation to the Commission.
This rulemaking amends four chapters of the Department's regulations pertaining to airport rating and licensing, aviation development grants, local real estate tax reimbursement grants and obstruction to aircraft.
We have determined this regulation is consistent with the statutory authority of the Department (74 Pa.C.S.A § 5301) 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
September 16, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson, by Phone; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq.
State Board of Podiatry—
Continuing Education;
Regulation No. 16A-4410 (#2811)On December 9, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Podiatry (Board). This rulemaking amends 49 Pa. Code §§ 29.61 and 29.63a. The proposed regulation was published in the December 19, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 13, 2010.
This final-form regulation increases the biennial continuing education requirement for podiatrists from 30 hours to 50 hours.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 42.9 and 42.15) 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
September 16, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson, by Phone; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq.
State Board of Physical Therapy—
Continuing Education Providers;
Regulation No. 16A-6513 (#2786)On September 2, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Physical Therapy (Board). This rulemaking amends 49 Pa. Code Section 40.63. The proposed regulation was published in the September 19, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 27, 2010.
This final regulation clarifies existing requirements for approval of courses and preapproval of sponsors of continuing education for physical therapists.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 1303(a) and 1309(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.
____
Approval Order Public Meeting held
September 16, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson, by Phone; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq.
Department of Transportation—Transportation
Enhancement Grants from Automated Red Light
Enforcement System Revenues;
Regulation No. 18-415 (#2779)On July 21, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking establishes 67 Pa. Code Chapter 233. The proposed regulation was published in the August 1, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 3, 2010.
This regulation fulfills the statutory requirement to develop, by regulation, a Transportation Enhancements Grant Program for the use of revenue generated from automated red light enforcement systems.
We have determined this regulation is consistent with the statutory authority of the Department (75 Pa.C.S.A. § 3116(l)(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.
____
Approval Order Public Meeting held
September 16, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson, by Phone; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq.
Department of Health—Physician Assistants
and Certified Registered Nurse Practitioners;
Regulation No. 10-191 (#2860)On July 27, 2010, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code Section 211.7. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation deletes the existing requirement for a countersignature by a licensed physician on a resident's record that is written by a Certified Registered Nurse Practitioner.
We have determined this regulation is consistent with the statutory authority of the Department (35 P. S. § 448.201(11)) 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. 10-1902. Filed for public inspection October 1, 2010, 9:00 a.m.]
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