NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[30 Pa.B. 5807] The Independent Regulatory Review Commission (Commission) met publicly at 10:30 a.m., Thursday, October 19, 2000, and took the following action:
Regulations Deemed Approved under Section 5(g) of the Regulatory Review Act--Effective October 17, 2000, October 11, 2000 and October 6, 2000, respectively.
State Board of Nursing #16A-5113: Biennial Renewal Fees (increases the biennial renewal of license fee for Registered Nurses and Practical Nurses, and the biennial renewal of certification fee for Certified Registered Nurse Practitioners)
State Board of Veterinary Medicine #16A-579: Biennial Renewal Fees (adjusts biennial renewal fees for veterinarians and animal health technicians)
Department of Agriculture #2-117: Noxious Weeds (adds two plants to the noxious weed control list and increases the number of loosestrife species on the list)
Regulations Approved:
Environmental Quality Board #7-340: Municipal Waste (amends 25 Pa. Code Chapters 271, 272, 273, 277, 279, 281, 283, 284 and 285)
Environmental Quality Board #7-336: Residual Waste (amends 25 Pa. Code Chapters 250, 287, 288, 289, 291, 293, 295, 297 and 299)
Department of Agriculture #2-128: Importation and Intrastate Transportation of Animals; Brucellosis (amends 7 Pa. Code Chapters 3 and 7)
State Architects Licensure Board #16A-414: Fees (amends fees in 49 Pa. Code Chapter 39, Section 9.3)
State Board of Medicine and State Board of Nursing #16A-499: Certified Registered Nurse Practitioners Prescriptive Authority (adds 49 Pa. Code §§ 18.53 to 18.57 and 21.283 to 21.287)
Bureau of Professional and Occupational Affairs #16-20: Schedule of Civil Penalties (amends 49 Pa. Code Chapter 43b)
State Real Estate Commission #16A-560: General Revisions (amends 49 Pa. Code Chapter 35)
State Board of Accountancy #16A-556: Peer Review (amends 49 Pa. Code §§ 11.81--11.86)
Department of Health #10-161: WIC Program (amends 28 Pa. Code Chapters 1101--1113)
Pennsylvania Public Utility Commission #57-204: Cramming and Slamming (amends 52 Pa. Code Chapter 64)
Pennsylvania Public Utility Commission #57-209: Updating and Revising Existing Filing Requirements (amends 52 Pa. Code §§ 53.57--53.60)
Commissioners Voting: John R. McGinley, Jr., Chairperson, by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
October 19, 2000Environmental Quality Board--Municipal Waste; Regulation No. 7-340
On August 11, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board. This rulemaking amends 25 Pa. Code Chapters 271--273, 277, 279, 281 and 283--285. The proposed regulation was published in the August 29, 1998 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on September 22, 2000.
This regulation amends requirements for the handling, transportation and disposal of municipal waste. Municipal waste is any garbage, refuse, or other discarded material resulting from operation of residential, municipal, commercial, or institutional establishments.
We have determined this regulation is consistent with the statutory authority of the Environmental Quality Board (35 P. S. § 6018.101) 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.
Commissioners Voting: John R. McGinley, Jr., Chairperson, by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
October 19, 2000Environmental Quality Board--Residual Waste; Regulation No. 7-336
On July 29, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board. This rulemaking amends 25 Pa. Code Chapters 250, 287--289, 291, 293, 295, 297 and 299. The proposed regulation was published in the August 15, 1998 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on September 20, 2000.
This regulation amends requirements for handling, transportation and disposal of residual waste. Residual waste is any garbage, refuse or other discarded material resulting from industrial, mining, and agricultural operations.
We have determined this regulation is consistent with the statutory authority of the Environmental Quality Board (35 P. S. § 6018.101) 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.
Commissioners Voting: John R. McGinley, Jr., Chairperson, by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
October 19, 2000Department of Agriculture--Importation and Intrastate Transportation of Animals; Brucellosis; Regulation No. 2-128
On January 31, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking amends 7 Pa. Code Chapters 3 and 7. The proposed regulation was published in the February 12, 2000 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 14, 2000. On September 27, 2000, the Commission received a request from the Department to toll consideration of this final-form regulation to correct minor technical problems. On October 4, 2000, the Department of Agriculture submitted its revisions to the final-form regulation to the Commission.
This regulation updates the Department's vaccination requirements for Brucellosis in cattle and bison and acceptable testing requirements for Equine Infectious Anemia in horses. The revisions also raise the age allowable for an official vaccination for Brucellosis from 8 months to 12 months and clarifies identification of calves by a change in tattoo requirements.
We have determined this regulation is consistent with the statutory authority of the Department of Agriculture (3 Pa.C.S. §§ 2301-2389) 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.
Commissioners Voting: John R. McGinley, Jr., Chairperson, by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
October 19, 2000State Architects Licensure Board--Fees; Regulation No. 16A-414
On July 22, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Architects Licensure Board (Board). This rulemaking amends fees in 49 Pa. Code Chapter 39, Section 9.3. The proposed regulation was published in the August 7, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 18, 2000.
The existing fees were established in 1987 and no longer reflect the cost to the Board of providing these services. The Board estimates that 1,125 persons who use these services over the next two-year period will pay a total of $18,250 in additional fees.
We have determined this regulation is consistent with the statutory authority of the State Architects Licensure Board (63 P. S. § 34.11) 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.
Commissioners Voting: John R. McGinley, Jr., Chairperson, by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
October 19, 2000State Board of Medicine and State Board of Nursing-- Certified Registered Nurse Practitioners Prescriptive Authority; Regulation No. 16A-499
On September 17, 1999, the Independent Regulatory Review Commission (Commission) received this joint proposed regulation from the State Board of Medicine and the State Board of Nursing (Boards). This rulemaking adds 49 Pa. Code §§ 18.53 to 18.57 and 21.283 to 21.287. The proposed regulation was published in the October 2, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 6, 2000. At our July 13, 2000 public meeting, the Commission voted to disapprove the final- form regulation. On September 11, 2000, the Boards notified the Commission of their intent to revise and resubmit the regulation. On October 2, 2000, the revised final-form regulation was submitted to the Commission.
This rulemaking sets forth the rules and procedures for Certified Registered Nurse Practitioners (CRNPs) to prescribe and dispense certain drugs. The regulation establishes education requirements, specifies categories of drugs CRNPs may and may not prescribe, requires collaborative agreements with physicians, specifies CRNP identification requirements and specifies physician supervision requirements.
We have determined this regulation is consistent with the statutory authority of the State Board of Medicine (63 P. S. § 422.15(b)) and the State Board of Nursing (63 P. S. § 212) 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 now in the public interest.
By Order of the Commission:
This regulation, as revised, is approved.
Commissioners Voting: John R. McGinley, Jr., Chairperson, by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
October 19, 2000Bureau of Professional and Occupational Affairs--Schedule of Civil Penalties; Regulation No. 16-20
On August 10, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Bureau of Professional and Occupational Affairs (BPOA). This rulemaking amends 49 Pa. Code Chapter 43b. The proposed regulation was published in the August 21, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 18, 2000.
The regulation establishes schedules of civil penalties for the licensees of six professional licensure boards. These penalties apply to such actions as practicing without a license or with an expired license and other violations of the licensing laws for the six boards.
We have determined this regulation is consistent with the statutory authority of the BPOA (63 P. S. § 2205(a)) 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.
Commissioners Voting: John R. McGinley, Jr., Chairperson, by proxy, Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
October 19, 2000State Real Estate Commission--General Revisions; Regulation No. 16A-560
On January 20, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Real Estate Commission. This rulemaking amends 49 Pa. Code Chapter 35. The proposed regulation was published in the January 30, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 25, 2000.
The final-form regulation requires candidates for the broker's examination to demonstrate completion of courses in real estate office management and real estate law, as well as 12 credits in other real estate courses. Additionally, real estate companies that have an ownership interest in a real estate school, college, university or institute of higher learning must disclose that interest in all advertisements, promotions and endorsements.
We have determined this regulation is consistent with the statutory authority of the State Real Estate Commission (63 P. S. §§ 455.404 and 455.602) 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.
Commissioners Voting: John R. McGinley, Jr., Chairperson, by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
October 19, 2000State Board of Accountancy--Peer Review; Regulation No. 16A-556
On August 11, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Accountancy (Board). This rulemaking amends 49 Pa. Code §§ 11.81--11.86. The proposed regulation was published in the August 21, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 25, 2000. The regulation was tolled and simultaneously resubmitted on October 6, 2000, to correct the peer review compliance date for firms that conduct review engagements, but not audit engagements, after May 1, 1998. The revised regulation requires these firms to complete an offsite peer review before the license biennium that begins May 1, 2006.
The regulation implements Section 8.9 of Act 140 of 1996 (Act) (63 P. S. § 9.8i). The regulation establishes standards for performing and reporting peer reviews. Additionally, the regulation prohibits the use or public disclosure of information obtained during a peer review.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 9.8i(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.
Commissioners Voting: John R. McGinley, Jr., Chairperson, by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
October 19, 2000Department of Health--WIC Program; Regulation No. 10-161
On February 9, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code Chapters 1101--1113. The proposed regulation was published in the February 19, 2000 Pennsylvania Bulletin, with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 18, 2000.
This rulemaking amends the Supplemental Nutrition Program for Women, Infants and Children (WIC Program). The amendments affect the authorization of stores, management of stores participating in the WIC Program and appeal procedures. The amendments implement changes mandated by Federal regulations and changes suggested in comments the Department solicited in response to the Governor's Executive Order 1996-1.
We have determined this regulation is consistent with the statutory authority of the Department (42 U.S.C.A. § 1786; 7 C.F.R. 246.4) 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.
Commissioners Voting: John R. McGinley, Jr., Chairperson, by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
October 19, 2000Pennsylvania Public Utility Commission--Cramming and Slamming; Regulation No. 57-204
On May 19, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapter 64. The proposed regulation was published in the May 29, 1999 Pennsylvania Bulletin with a 30- day public comment period. The final-form regulation was submitted to the Commission on September 21, 2000.
This regulation standardizes local exchange company responses to customer complaints on cramming and slamming. Cramming is adding an unauthorized charge for products or services to a customer's bill. Slamming is changing a customer's telecommunications service provider without authorization.
We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. § 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.
Commissioners Voting: John R. McGinley, Jr., Chairperson, by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
October 19, 2000Pennsylvania Public Utility Commission--Updating and Revising Existing Filing Requirement; Regulation No. 57-209
On November 29, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code §§ 53.57--53.60. The proposed regulation was published in the December 11, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 26, 2000.
This rulemaking streamlines requirements for changing rates for all telecommunications providers and simplifies filing requirements for intraLATA toll rates, bundled service packages and promotional offerings. All telecommunications providers under the PUC's jurisdiction, including hundreds of interexchange carriers and competitive and incumbent local exchange carriers, must comply with the regulation.
We have determined this regulation is consistent with the statutory authority of the Pennsylvania Public Utility Commission (66 Pa.C.S. §§ 501 and 1308) 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. 00-1918. Filed for public inspection November 3, 2000, 9:00 a.m.]
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