907 Notice of comments issued

Notice of Comments Issued

[30 Pa.B. 2690]

   Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the designated standing committees may issue comments within 20 days of the close of the public comment period, and the Commission may issue comments within 10 days of the close of the committee comment period. The Commission comments are based upon the criteria contained in section 5a(h) and (i) of the act (75 P. S. § 745.5a(h) and (i)).

   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 regulations must be submitted by the dates indicated.

			Final-Form
			Submission
Reg. No.	Agency/Title	Issued	Deadline
71-7	State System of Higher Education	5/11/00	4/10/02
	Operation of Motor Vehicles on
	State System Facilities

State System of Higher Education
Regulation No. 71-7
Operation of Motor Vehicles on
State System Facilities

May 11, 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 has not been met. The State System of Higher Education (SSHE) must respond to these Comments when it submits the final-form regulation. If the final-form regulation is not delivered by April 10, 2002, the regulation will be deemed withdrawn.

1.  Regulatory Analysis Form.--Economic and fiscal impact.

   Item number 20 on the Regulatory Analysis Form (RAF) requires estimates of fiscal savings and costs associated with the proposed rulemaking to the regulated community, local government and State government. This information was not included in the RAF of this proposed regulation. The SSHE should include the fiscal impact of the regulation in the final-form RAF.

2.  Preamble.--Consistency with statute; Clarity.

   There is an incorrect citation in the Preamble under ''Sunset Review.'' Instead of citing the Pennsylvania Crimes Code, 18 Pa.C.S. § 7705, the SSHE should cite 24 Pa.C.S. § 20-2006-a(13.1).

3.  Section 507.13.  Crimes and offenses relating to the operation and parking of a motor vehicle.--Economic and fiscal impact; Reasonableness; Clarity.

Subsection (c) Fines

   Subsection (c) allows the Board of Governors of the SSHE, upon the recommendation of the chancellor or the respective university president, to set the amounts for vehicular violations. The proposed regulation does not contain the process by which the Board of Governors can adjust fines. It would be reasonable to include the process that will be used for fine adjustments in the final-form regulation.

   Subsection 507.14(c) contains language that requires facilities to publish notification of the towing and booting provisions in facilities' parking rules. It is also reasonable for facilities to notify drivers on SSHE campuses of fines. For this reason, the SSHE should add a parallel notification provision, similar to subsection 507.14(c), relating to all fines in section 507.13.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 00-907. Filed for public inspection May 26, 2000, 9:00 a.m.]