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PA Bulletin, Doc. No. 11-2260

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[41 Pa.B. 7045]
[Saturday, December 31, 2011]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, December 15, 2011, and announced the following:

Action Taken—Regulations Approved:

 State Board of Dentistry #16A-4616: EFDA Program Approval (amends 49 Pa. Code Chapter 33)

 Department of Transportation #18-426: Intrastate Motor Carrier Safety Requirements (amends 67 Pa. Code Chapter 231)

 Pennsylvania Liquor Control Board #54-67: Connection With Other Business (amends 40 Pa. Code § 3.52)

____

Approval Order

Public Meeting held
December 15, 2011

Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; John F. Mizner, Esq.; Lawrence J. Tabas, Esq., Dissenting

State Board of Dentistry—
EFDA Program Approval;
Regulation No. 16A-4616 (#2795)

 On September 16, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Dentistry (Board). This rulemaking amends 49 Pa. Code Chapter 33. The proposed regulation was published in the October 10, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 9, 2011.

 This final-form regulation establishes standards for the education of expanded function dental assistants (EFDAs). It will require EFDA programs to be approved by the Board and establishes criteria for program approval.

 We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 122(o)) 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.

____

Approval Order

Public Meeting held
December 15, 2011

Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.

Department of Transportation—
Intrastate Motor Carrier Safety Requirements;
Regulation No. 18-426 (#2918)

 On October 21, 2011, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code Chapter 231. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

 This regulation amends the Intrastate Motor Carrier Safety Requirements in order to extend the hours of operation for various types of snow removal.

 We have determined this regulation is consistent with the statutory authority of the Department (75 Pa.C.S.A. §§ 4704(d) and 6103) 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.

____

Approval Order

Public Meeting held
December 15, 2011

Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.

Pennsylvania Liquor Control Board—
Connection With Other Business;
Regulation No. 54-67 (#2912)

 On September 7, 2011, the Independent Regulatory Review Commission (Commission) received this regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code § 3.52. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin. At its October 20, 2011 public meeting, the Commission voted to disapprove the final-omitted regulation. On November 29, 2011, the revised final-omitted regulation was submitted to the Commission.

 The purpose of this final-omitted rulemaking is to amend the Board's existing regulations to allow certain businesses, namely casinos, licensed by both the Board and the Pennsylvania Gaming Control Board, to keep their liquor licenses and their gaming licenses in different subsidiaries of the same parent company.

 We have determined this regulation is consistent with the statutory authority of the Board (47 P. S. § 2-207(i)) 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. 11-2260. Filed for public inspection December 30, 2011, 9:00 a.m.]



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