NOTICES

Notice of Comments Issued

[34 Pa.B. 2650]

   Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b).

   The Commission has issued comments on the following proposed regulations. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.

			IRRC
		Close of the Public	Comments
Reg. No.	Agency/Title	Comment Period	Issued
7-389	Coal and Clay Mine Subsidence Insurance Board Mine Subsidence Fund	4/5/04	5/5/04
	(34 Pa.B. 1329 (March 6, 2004))
16A-5715	State Board of Veterinary Medicine Implanting Electronic Identification; Veterinary Technician	4/5/04	5/5/04
	(34 Pa.B. 1331 (March 6, 2004))

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Coal and Clay Mine Subsidence Insurance Board Regulation No. 7-389

Mine Subsidence Fund

May 5, 2004

   We submit for consideration the following comments that include references to the criteria in the Regulatory Review Act (71 P. S. § 745.5b) which have not been met. The Coal and Clay Mine Subsidence Insurance Board (Board) must respond to these comments when it submits the final-form regulation. The public comment period for this regulation closed on April 5, 2004. If the final-form regulation is not delivered within 2 years of the close of the public comment period, the regulation will be deemed withdrawn.

Section 401.13.  Coverage limits and premiums for insurance.--Clarity.

   The term ''agent'' is used in this section and other sections of 25 Pa. Code Chapter 401. However, this term is not defined. We understand the term refers to employees of the Department of Environmental Protection working on behalf of the Board. To improve clarity and avoid confusion, the Board should define the term ''agent.''

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State Board of Veterinary Medicine Regulation No. 16A-5715

Implanting Electronic Identification; Veterinary Technician

May 5, 2004

   We submit for consideration the following comments that include references to the criteria in the Regulatory Review Act (71 P. S. § 745.5b) which have not been met. The State Board of Veterinary Medicine must respond to these comments when it submits the final-form regulation. The public comment period for this regulation closed on April 5, 2004. If the final-form regulation is not delivered within 2 years of the close of the public comment period, the regulation will be deemed withdrawn.

1.  Section 31.31. Scope of practice.--Reasonableness.

   Subsection (b)(1)(xi) authorizes a noncertified employee of a veterinarian to ''implant an electronic identification device'' under direct veterinary supervision. Commentators have objected to the use of noncertified employees to implant electronic identification devices. Specifically, they state that the implantation of these devices is an invasive procedure that should be done by a trained and certified person to ensure that the device is inserted properly and the accompanying paperwork is completed and filed accurately.

   The Board should further explain the basis for allowing noncertified employees to implant electronic identification devices.

2.  Section 31.39. Grounds for disciplinary proceedings.--Consistency with statute.

   Subsection (a)(6) deletes the phrase ''which, if committed in this Commonwealth, would be deemed a felony.'' However, section 21(15) of the Veterinary Practice Act (63 P. S. § 485.21(15)) contains this language. The Board should retain this language in the final-form regulation, or explain why it is unnecessary to do so.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 04-867. Filed for public inspection May 14, 2004, 9:00 a.m.]

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