1879 Notice of comments issued

INDEPENDENT REGULATORY REVIEW COMMISSION

Notice of Comments Issued

[30 Pa.B. 5595]

   Sections 5(d) and 5(g) of the Regulatory Review Act (71 P. S. §§ 745.5(d) and 745.5(g)) provide that the designated standing committees may issue comments within 20 days of the close of the public comment period, and the Independent Regulatory Review Commission (Commission) may issue comments within 10 days of the close of the committees' comment period. The Commission's Comments are based upon the criteria contained in subsections 5.1(h) and 5.1(i) of the Regulatory Review Act (75 P. S. §§ 745.5a(h) and 745.5a(i)).

   The Commission issued Comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted by the date indicated.

			Final-Form
			Submission
Reg. No.	Agency/Title	Issued	Deadline
16A-674	State Board of	10/12/00	9/11/02
	Occupational Therapy
	Education and Licensure
	General Revisions
47-7	Milk Marketing Board	10/12/00	9/11/02
	Board
	Calculation of Bonding       Obligation

State Board of Occupational Therapy Education and Licensure Regulation
No. 16A-674

General Revisions

October 12, 2000

   We submit for consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The State Board of Occupational Therapy Education and Licensure must respond to these Comments when it submits the final-form regulation. If the final-form regulation is not delivered by September 11, 2002, the regulation will be deemed withdrawn.

1.  Section 42.24 Code of Ethics.--Reasonableness.

   This section updates the regulation to reflect the 1994 American Occupational Therapy Association (AOTA) Code of Ethics. However, in April of this year, AOTA revised its Code of Ethics. The Board should revise the final-form regulation to reflect the 2000 AOTA Code of Ethics.

Milk Marketing Board Regulation No. 47-7

Calculation of Bonding Obligation

October 12, 2000

   We submit for consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The Pennsylvania Milk Marketing Board (Board) must respond to these Comments when it submits the final-form regulation. If the final-form regulation is not delivered by September 11, 2002, the regulation will be deemed withdrawn.

Section 151.9.  Calculation of bonding obligation.--Clarity and Lack of ambiguity.

Subsection (a).

   Subsection (a) contains a citation to the Act, as well as a quote from the Act. We have three recommendations. First, the Board should include the citation to the Act in its preamble rather than in the text of the regulation. Second, statutory language may be explained, but there is no need to quote it. Finally, for greater clarity and readability, the final-form regulation should be written in the active voice.

Subsections (b)(1) and (b)(2).

   Subsection (b)(1) includes the phrase ''a purchase subject to minimum pricing fixed by the Board'' and Subsection (b)(2) includes the phrase ''a purchase not subject to minimum pricing fixed by the Board.'' How does a purchase subject to minimum pricing differ from a purchase not subject to minimum pricing? The Board should clarify in the final-form regulation the type of purchases included in each category.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 00-1879. Filed for public inspection October 27, 2000, 9:00 a.m.]