NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[33 Pa.B. 5579] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, October 23, 2003, and announced the following:
Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective October 22, 2003
Pennsylvania Public Utility Commission #57-227: Electric and Gas Utility Record Retention (amends 52 Pa. Code §§ 57.45 and 59.45)
Regulations Approved
Pennsylvania Public Utility Commission #57-224: Generic Competitive Safeguards (adds 52 Pa. Code Chapter 63, Subchapter K)
Department of Agriculture #2-137: Food Code (adds Pa. Code Chapter 46 and deletes 7 Pa. Code Chapters 31, 35, 41, 43, 45, 47, 49, 53, 55, 61, 63, 78, 79, 80 and 81)
State Board of Podiatry #16A-446: Continuing Education (amends 49 Pa. Code Chapter 29)
Approval Order Public Meeting held
October 23, 2003Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Pennsylvania Public Utility Commission--Generic Competitive Safeguards; Regulation No. 57-224
On April 8, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking adds 52 Pa. Code Chapter 63, Subchapter K. The proposed regulation was published in the April 20, 2002, Pennsylvania Bulletin with a 45-day public comment period. The final-form regulation was submitted to the Commission on June 23, 2003. On July 22, 2003, the PUC withdrew the final-form regulation. On September 19, 2003, the PUC resubmitted the final-form regulation.
The final-form regulation establishes a Code of Conduct applicable to incumbent local exchange carriers (ILECs) and competitive local exchange carriers (CLECs). The regulation is intended to prevent discriminatory access to an ILEC's services and facilities; unlawful cross-subsidization of competitive services from noncompetitive services by ILECs; and unfair competition among ILECs and CLECs.
We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. § 3005(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.
Approval Order Public Meeting held
October 23, 2003Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
Department of Agriculture--Food Code; Regulation No. 2-137
On February 8, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking is revising 7 Pa. Code by adding Chapter 46 and deleting Chapters 31, 35, 41, 43, 45, 47, 49, 53, 55, 61, 63, 78, 79, 80 and 81. The proposed regulation was published in the February 23, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 17, 2003.
This regulation deletes a number of existing chapters and establishes a new comprehensive food code for this Commonwealth. The rulemaking sets food safety standards and procedures for food establishments and public drinking and eating places. It applies to restaurants, grocery stores and any enterprise that processes, prepares and packages food for public consumption. The primary purpose for this rulemaking is to reduce foodborne illness, while bringing Pennsylvania regulations into conformity with National food standards.
We have determined this regulation is consistent with the statutory authority of the Department (31 P. S. § 20.13(a), 35 P. S. § 655.6(a) and 71 P. S. § 445(d)) 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
October 23, 2003Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson, by phone; Alvin C. Bush, Vice Chairperson by phone; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.
State Board of Podiatry--Continuing Education; Regulation No. 16A-446
On November 7, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Podiatry (Board). This rulemaking amends 49 Pa. Code Chapter 29. The proposed regulation was published in the November 23, 2002, Pennsylvania Bulletin with a 30-day public comment period. Under section 5(e) of the Regulatory Review Act (71 P. S. § 745.5(e)), the Department resubmitted the proposed regulation on January 29, 2003. The final-form regulation was submitted to the Commission on September 16, 2003.
This regulation establishes the Council on Podiatric Medical Education as a preapproved continuing education course provider. It also adds two fees, revises continuing education requirements, authorizes disciplinary action and allows for waivers of continuing education requirements for serious illness or hardship.
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 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. 03-2170. Filed for public inspection November 7, 2003, 9:00 a.m.]
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