1029 Actions taken by the Commission

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[34 Pa.B. 3078]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, May 27, 2004, and announced the following:

Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective May 26, 2004

   State Board of Barber Examiners #16A-426:  Ten Chair Barber Schools (amends 49 Pa. Code § 3.82)

   State Board of Vehicle Manufacturers, Dealers and Salespersons #16A-606:  Emergency Vehicles (amends 49 Pa. Code § 19.18)

Action Taken--Regulation Approved

   Department of Health #10-170:  Public Swimming and Bathing Places (amends 28 Pa. Code Chapter 18)

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Approval Order

Public Meeting held
May 27, 2004

Commissioners Voting:  John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq.

Department of Health--Public Swimming and
Bathing Places; Regulation No. 10-170

   On September 25, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code Chapter 18. The proposed regulation was published in the October 5, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 30, 2004.

   The regulation amends existing regulations relating to bacterial monitoring of public bathing beaches to reflect requirements included in the Federal Beaches Environmental Assessment and Coastal Health Act of 2000 (act). Although the act governs only Lake Erie beaches in this Commonwealth, the amendments apply to all public bathing beaches in this Commonwealth.

   We have determined this regulation is consistent with the statutory authority of the Department (35 P. S. §§ 672--680(d) and 16 P. S. §§ 12001--12028) 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.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 04-1029. Filed for public inspection June 11, 2004, 9:00 a.m.]