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PA Bulletin, Doc. No. 04-1926

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[34 Pa.B. 5859]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, October 7, 2004, and announced the following:

Regulations Approved

   Department of Agriculture # 2-146: Amendments to Lifetime Licensure (amends 7 Pa. Code Chapter 21)

   Pennsylvania State Police # 17-64: Administration of the Bureau of Liquor Control Enforcement; Age Compliance Check Program (adds 37 Pa. Code Chapter 23)

   Environmental Quality Board # 7-380: Stream Redesignations (Brushy Meadow Creek, et al.) (amends 25 Pa.  Code Chapter 93)

Approval Order

Public Meeting held
October 7, 2004

Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

Department of Agriculture--Amendments to Lifetime Licensure; Regulation No. 2-146

   On September 1, 2004, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Agriculture (Department). This rulemaking amends 7 Pa. Code Chapter 21. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin. On September 17, 2004, the Department tolled and resubmitted the final-omitted regulation to the Commission with revisions.

   This rulemaking amends the Department's existing regulations to bring them into compliance with revisions to the Veterinary Medicine Practice Act (act) (63 P. S. §§ 485.1--485.35). The amendments to the regulation remove the requirement that only a licensed veterinarian can apply a tattoo and specify that a microchip must be implanted by a licensed veterinarian or a person authorized to implant microchips under the act or the State Board of Veterinary Medicine's regulations.

   We have determined this regulation is consistent with the statutory authority of the Department (3 P. S. § 459-201(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 7, 2004

Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

Pennsylvania State Police--Administration of the Bureau of Liquor Control Enforcement; Age Compliance Check Program; Regulation No. 17-64

   On December 8, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania State Police. This rulemaking adds 37 Pa. Code Chapter 23. The proposed regulation was published in the December 20, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 30, 2004.

   This regulation implements an age compliance check program as mandated by Act 141 of 2002. The regulation includes training and examination requirements for individuals who are 18 to 20 years of age who work in the program. It also establishes standards and procedures for age compliance checks.

   We have determined this regulation is consistent with the statutory authority of the Pennsylvania State Police (18 Pa.C.S. §§ 6308(e)(3) and 6310(c)(3)) 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 7, 2004

Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

Environmental Quality Board--Stream Redesignations (Brushy Meadow Creek, et al.); Regulation No. 7-380

   On August 13, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 93. The proposed regulation was published in the August 23, 2003, Pennsylvania Bulletin with a 45-day public comment period. The final-form regulation was submitted to the Commission on September 2, 2004.

   This regulation updates, corrects and clarifies the listings for 36 stream segments. These redesignations are based on evaluations conducted by the Department of Environmental Protection and Fish and Boat Commission. Four stream segments are redesignated as Exceptional Value.

   We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. §§ 691.5 and 691.402) 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. 04-1926. Filed for public inspection October 22, 2004, 9:00 a.m.]


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