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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 13-1870

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[43 Pa.B. 5903]
[Saturday, October 5, 2013]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, September 19, 2013, and announced the following:

Regulation Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective September 18, 2013

 Department of Transportation #18-425: Vehicle Equipment Standards and Safety Inspection Process (amends 67 Pa. Code Chapter 175)

Action Taken—Regulations Approved:

 Pennsylvania Liquor Control Board #54-75: Municipal Noise Ordinances (amends 40 Pa. Code (§ 5.36))

 Insurance Department #11-251: Surplus Insurance Lines (amends 31 Pa. Code (Chapter 124))

____

Approval Order

Public Meeting Held
September 19, 2013

Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Lawrence J. Tabas, Esq., abstained; Dennis A. Watson, Esq.

Pennsylvania Liquor Control Board—
Municipal Noise Ordinances;
Regulation No. 54-75 (#3018)

 On August 9, 2013, the Independent Regulatory Review Commission (Commission) received this regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code (§ 5.36). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

 Act 113 of 2011 amended the Liquor Code and created a new unlawful act within section 493 titled ''Noise,'' which specifically states that it supersedes the Board's regulations related to noise. As a result, the Board is promulgating this final-omitted rulemaking to replace references to the Board's noise regulation with references to section 493 of the Liquor Code.

 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.

____

Approval Order

Public Meeting Held
September 19, 2013

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

Insurance Department—
Surplus Insurance Lines;
Regulation No. 11-251 (#2985)

 On February 22, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code (Chapter 124). The proposed regulation was published in the March 9, 2013 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 13, 2013.

 This final-form rulemaking updates Chapter 124 to ensure consistency with amendments made to The Insurance Company Law in 2002, 2010 and 2011, and to clarify and streamline provisions consistent with current business practices.

 We have determined this regulation is consistent with the statutory authority of the Department (40 P. S. §§ 991.1601—991.1626) 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.

GEORGE D. BEDWICK, 
Vice Chairperson

[Pa.B. Doc. No. 13-1870. Filed for public inspection October 4, 2013, 9:00 a.m.]



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