793 Notice of comments issued

Notice of Comments Issued

[36 Pa.B. 2254]

   Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission's comments are based upon the criteria contained in Section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b).

   The Commission has 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final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.

Reg. No.	Agency/Title	Close of the Public Comment Period	IRRC Comments Issued
2-151	Department of    Agriculture	3/27/06	4/26/06
	Shellfish
	36 Pa.B. 936 (February 25, 2006)

Department of Agriculture Regulation #2-151
(IRRC #2526)

Shellfish

April 26, 2006

   We submit for your consideration the following comments on the proposed rulemaking published in the February 25, 2006 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the Department of Agriculture (Department) to respond to all comments received from us or any other source.

1.  Section 49.2. Scope.--Clarity.

   This section declares that persons processing, distributing, transporting or selling shellfish must comply with Chapter 49 and the National Shellfish Sanitation Program (NSSP) Model Ordinance. During our review, Department staff identified a link at http://www.cfsan.fda. gov/~ear/nss2-toc.html to the text of the NSSP Model Ordinance. It would help the regulated community if the Department included this link in the text of the final-form regulation.

2.  Section 49.42. Plumbing.--Consistency with existing regulations and statutes; Clarity.

   Subsection (a) states: ''Plumbing [shall] must be sized, installed and maintained in compliance with the provisions of the local plumbing code or, in the absence thereof, in a manner that prevents contamination of the water supply or the creation of an unsanitary condition.'' This subsection should include a reference to the Pennsylvania Construction Code Act (35 P. S. §§ 7210.101--7210.1103).

3.  Section 49.53. Utensils and equipment construction.--Clarity.

   Subsection (b) refers to the Shellfish Industry Equipment Construction Guide (Guide). This subsection should contain information on the source and availability of the Guide including a link to the Guide at http://www.cfsan. fda.gov/~ear/nss2-43a.html.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 06-793. Filed for public inspection May 5, 2006, 9:00 a.m.]