NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[39 Pa.B. 1369]
[Saturday, March 14, 2009]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, February 26, 2009, and announced the following:

   Action Taken--Regulations Approved:

   Department of State #16-40:  Lobbying Disclosure (establishes 51 Pa. Code Chapters 51--69)

   State Board of Medicine #16A-4926:  Nurse Midwife Prescriptive Authority (amends 49 Pa. Code Chapters 16 and 18)

   Environmental Quality Board #7-421:  Triennial Review of Water Quality Standards (amends 25 Pa. Code Chapters 16 and 93)

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Approval Order

   Public Meeting held
February 26, 2009

Commissioners Voting:  Arthur Coccodrilli, Chairperson, Dissented; Nancy Sabol Frantz, Esq., Abstained; Karen A. Miller; George D. Bedwick; John F. Mizner, Esq.

Department of State--Lobbying Disclosure;
Regulation No. 16-40 (#2665)

   On January 9, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of State (Department). This rulemaking establishes 51 Pa. Code Chapters 51 to 69. The proposed regulation was published in the January 19, 2008 Pennsylvania Bulletin with a 30-day public comment period. A final-form regulation was submitted to the Commission on September 18, 2008, that was disapproved by the Commission on November 6, 2008. An amended final-form regulation was submitted to the Commission on February 9, 2009, after the conclusion of adjournment sine die.

   This regulation implements Act 134 of 2006, also known as the Lobbying Disclosure Act.

   We have determined this amended regulation is consistent with the statutory authority of the Department (65 P. S. § 13A10(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
February 26, 2009

Commissioners Voting:  Arthur Coccodrilli, Chairperson; George D. Bedwick; Nancy Sabol Frantz, Esq.; Karen A. Miller; John F. Mizner, Esq.

State Board of Medicine--Nurse Midwife Prescriptive Authority; Regulation No. 16A-4926 (#2656)

   On December 5, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine. This rulemaking amends 49 Pa. Code Chapters 16 and 18. The proposed regulation was published in the December 15, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 6, 2009. On November 17, 2008, the Commission received a request from the State Board of Medicine to toll consideration of this final-form regulation to delete Section 18.2(b) as requested by the House Professional Licensure Committee. The State Board of Medicine then simultaneously tolled and submitted its revisions to the final-form regulation to the Commission on November 17, 2008, and then resubmitted the final regulation again on February 6, 2009, at the conclusion of sine die adjournment.

   This regulation implements Act 50 of 2007 by establishing prescriptive authority requirements for nurse midwives.

   We have determined this regulation is consistent with the statutory authority of the State Board of Medicine (63 P. S. § 422.35) 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
February 26, 2009

Commissioners Voting:  Arthur Coccodrilli, Chairperson; George D. Bedwick; Nancy Sabol Frantz, Esq.; Karen A. Miller; John F. Mizner, Esq.

Environmental Quality Board--Triennial Review of Water Quality Standards; Regulation No. 7-421 (#2659)

   On December 21, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 16 and 93. The proposed regulation was published in the January 12, 2008 Pennsylvania Bulletin with a 75-day public comment period. The final-form regulation was originally submitted to the Commission on October 7, 2008. That version was disapproved by the Commission on November 20, 2008, based on concerns regarding the inclusion of a water quality criterion for Molybdenum (Mo). An amended final-form version was submitted to the Commission on February 6, 2009.

   This final-form regulation represents the Board's triennial update of its water quality standards. It makes numerous amendments to Chapters 16 and 93. The water criterion for Mo that was included in the October 7, 2008 submittal has been removed.

   We have determined the amended final-form regulation is consistent with the statutory authority of the Board (Pennsylvania Clean Streams Law at 35 P. S. § 691.5(b)(1)) 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. 09-492. Filed for public inspection March 13, 2009, 9:00 a.m.]

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