INDEPENDENT REGULATORY REVIEW COMMISSION Action Taken by the Commission [43 Pa.B. 2242]
[Saturday, April 20, 2013]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, April 4, 2013, and announced the following:
Action Taken—Regulations Approved:
Department of Public Welfare #14-521: Psychiatric Rehabilitation Services (adds 55 Pa. Code Chapter 5230)
Philadelphia Parking Authority #126-2: Electronic Testimony at Administrative Hearings (amends 52 Pa. Code (§ 1005.114))
Environmental Quality Board #7-479: Emergency Response Planning at Unconventional Well Sites (amends 25 Pa. Code Chapter 78)
State Board of Medicine #16A-4936: Athletic Trainers (amends 49 Pa. Code Chapters 16 and 18)
State Board of Osteopathic Medicine #16A-5325: Athletic Trainers (amends 49 Pa. Code Chapter 25)
State Board of Medicine #16A-4938: Conform CRNP Provisions to Statute (amends 49 Pa. Code (§§ 18.21—18.111))
Pennsylvania Public Utility Commission #57-286: Railroad Transportation (amends 52 Pa. Code Chapter 33)
State Athletic Commission #16-53: Amateur Mixed Martial Arts Waiver (adds § 29.30 to 58 Pa. Code Chapter 29)
Action Taken—Regulation Disapproved: Order Not Yet Issued
* State Board of Chiropractic #16A-4320: Licensure by Reciprocity
* Will advise when order is issued.
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Approval Order Public Meeting Held
April 4, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Department of Public Welfare—
Psychiatric Rehabilitation Services;
Regulation No. 14-521 (#2879)On October 7, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Public Welfare (Department). This rulemaking adds 55 Pa. Code Chapter 5230. The proposed regulation was published in the October 23, 2010 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 22, 2013.
This chapter sets minimum standards for the licensure of psychiatric rehabilitative service facilities.
We have determined this regulation is consistent with the statutory authority of the Department (62 P. S. § 1021) 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
April 4, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq., abstained; Dennis A. Watson, Esq.
Philadelphia Parking Authority—
Electronic Testimony at Administrative Hearings;
Regulation No. 126-2 (#2943)On May 7, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Philadelphia Parking Authority (PPA). This rulemaking amends 52 Pa. Code (§ 1005.114). The proposed regulation was published in the May 19, 2012 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 19, 2013.
The rulemaking amends existing regulations to permit certain witnesses to testify at administrative hearings by telephone or other audio-visual means, under certain terms and conditions.
We have determined this regulation is consistent with the statutory authority of PPA (53 Pa.C.S. §§ 5722, 5742) 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
April 4, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Environmental Quality Board—
Emergency Response Planning at
Unconventional Well Sites;
Regulation No. 7-479 (#2986)On February 22, 2013, the Independent Regulatory Review Commission (Commission) received this regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 78. Notice of proposed rulemaking was omitted for this regulation. Governor Tom Corbett certified the regulation as necessary to meet an emergency on December 27, 2013. The regulation was published in the January 26, 2013, Pennsylvania Bulletin and became effective on the same date, with the following exceptions: § 78.55(f)(3) became effective on February 25, 2013; § 78.55(f)(4) will be effective on July 25, 2013; and § 758.55(f)(5) will be effective on April 26, 2013.
The regulation implements Act 9 of 2012, which established emergency response requirements for unconventional well operations in Pennsylvania.
We have determined this regulation is consistent with the statutory authority of the Board (35 Pa.C.S.A. § 7321) 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
April 4, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
State Board of Medicine—
Athletic Trainers;
Regulation No. 16A-4936 (#2987)On March 4, 2013, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code Chapters 16 and 18. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation implements Act 124 of 2011, which changed the qualification of ''certified athletic trainers'' to ''licensed athletic trainers.''
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 422.8) 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
April 4, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
State Board of Osteopathic Medicine—
Athletic Trainers;
Regulation No. 16A-5325 (#2988)On March 4, 2012, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Osteopathic Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 25. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation implements Act 123 of 2011, which changed the qualification of ''certified athletic trainers'' to ''licensed athletic trainers.''
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 271.16) 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
April 4, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
State Board of Medicine—
Conform CRNP Provisions to Statute;
Regulation No. 16A-4938 (#2989)On March 4, 2013, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code (§§ 18.21—18.111). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This rulemaking deletes regulations which were jointly promulgated by the Board and the State Board of Nursing, and have been superseded by Act 206 of 2002 and the State Board of Nursing's adoption of regulations for certified registered nurse practitioners.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 422.8, 63 P. S. §§ 212.1(k) and (l) and 218.1—218.3) 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.
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Approval Order Public Meeting Held
April 4, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Pennsylvania Public Utility Commission—
Railroad Transportation;
Regulation No. 57-286 (#2916)On October 11, 2011, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapter 33. The proposed regulation was published in the October 22, 2011 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 22, 2013.
This final-form rulemaking updates existing regulations governing the railroad industry reflecting technological and operational changes and federal law.
We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. §§ 501, 1501, 2701—2704) 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
April 4, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
State Athletic Commission—
Amateur Mixed Martial Arts Waiver;
Regulation No. 16-53 (#2958)On July 17, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Athletic Commission (SAC). This rulemaking adds § 29.30 to 58 Pa. Code Chapter 29. The proposed regulation was published in the July 28, 2012 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 14, 2013.
This final-form rulemaking would permit SAC to waive the ''striking to the head'' while on the ground rule and the ''shin/instep pad'' rule for certain amateur contests.
We have determined this regulation is consistent with the statutory authority of SAC (5 Pa.C.S.A. § 103(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.
SILVAN B. LUTKEWITTE, III,
Chairperson[Pa.B. Doc. No. 13-741. Filed for public inspection April 19, 2013, 9:00 a.m.]
