NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[28 Pa.B. 4215]

   The Independent Regulatory Review Commission met publicly at 11 a.m., Tuesday, August 11, 1998, and took the following actions:

Regulations Approved:

   Insurance Department #11-174: Publication of Citations and Notice of Hearings (amends 31 Pa. Code Chapter 57)

   Environmental Quality Board #7-322: Municipal Wasteload Management (amends 25 Pa. Code Chapter 94)

Regulations Deemed Approved under Section 5(g) of the Regulatory Review Act--Effective August 4, 1998.

   Insurance Department #11-153: Fraternal Beneficial Societies Administration (deletes Chapter 41 of 31 Pa. Code)

Commissioners Present: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
August 11, 1998

Insurance Department--Fraternal Beneficial Societies Administration; Regulation No. 11-153

Order

   On June 18, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking deletes 31 Pa. Code Chapter 41. The authority for this deletion is section 5(a)(9) of the act of November 15, 1972 (P. L. 1063, No. 271) (40 P. S. §§ 6501--6701); section 905 of the act of July 29, 1977 (P. L. 105, No. 38) (40 P. S. § 1141-905); section 701(a) of the Fraternal Benefit Societies Code (code) (40 P. S. § 1142-701(a)) and sections 206 and 506 of The Administrative Code of 1929 (71 P. S. §§ 66 and 186). The proposed regulation was published in the Pennsylvania Bulletin on June 28, 1997, with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 14, 1998.

   This rulemaking will delete existing provisions for the waiver or extension of meetings of Fraternal Beneficial Societies that are obsolete. Instead, the Department applies current requirements that are more informal. Under section 106(b) of the code, relating to powers, every society shall have the power, inter alia, to adopt laws and rules for the governance of the society and the management of its affairs. This deletion will eliminate unnecessary regulations, thereby reducing the time fraternal benefit societies spend complying with obsolete provisions.

   The final-form regulation contains no changes from the proposed version. The Commission did not file any comments on the proposed deletion. In addition, we did not receive any negative recommendations on the final-form regulation from the House Insurance Committee or the Senate Banking and Insurance Committee.

Therefore:

   The Commission will notify the Legislative Reference Bureau that Regulation No. 11-153 from the Insurance Department, as submitted to the Commission on July 14, 1998, was deemed approved under section 5(g) of the Regulatory Review Act on August 4, 1998.
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Commissioners Present: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
August 11, 1998

Insurance Department--Publication of Citations and Notice of Hearings; Regulation No. 11-174

Order

   On July 14, 1998, the Independent Regulatory Review Commission (Commission) received this regulation from the Insurance Department (Department). It amends 31 Pa. Code Chapter 57. The authority for this regulation is found in sections 206, 506, 1501 and 1502 of The Administrative Code of 1929 (71 P. S. §§ 66, 186, 411 and 412). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This rulemaking deletes two references to the term ''citations'' which incorrectly refer to a nonexistent practice. The existing provision indicates that the Department publishes citations pertaining to alleged violations of the insurance laws in the Pennsylvania Bulletin which is no longer the practice.

   We have reviewed this regulation and find it to be in the public interest. The amendment will render the regulation consistent with current practice.

Therefore, It Is Ordered That:

   1.  Regulation No. 11-174 from the Insurance Department, as submitted to the Commission on July 14, 1998, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____

Commissioners Present: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
August 11, 1998

Environmental Quality Board--Municipal Wasteload Management; Regulation No. 7-322

Order

   On August 12, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). It amends 25 Pa. Code Chapter 94 relating to the Municipal Wasteload Management Program (program). The authority for this rulemaking is The Clean Streams Law (35 P. S. §§ 691.1--691.1001) and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20). The proposed regulation was published in the August 23, 1997 Pennsylvania Bulletin, with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 1, 1998. On July 17, 1998, the Board requested the Commission toll consideration of this rulemaking in order to delete a new sentence added to § 94.15 at the final-form stage. The Commission did not object to the tolling request and the Board approved the revision on July 21, 1998. The revised final-form regulation was submitted to the Commission and the standing committees on July 21, 1998.

   Chapter 94 is a pollution prevention program run by the Department of Environmental Protection (Department). The program is intended to prevent pollution by requiring appropriate management of hydraulic and organic wasteload flows from municipal treatment sewage facilities.

   This rulemaking is a result of the Department's Regulatory Basics Initiative. The proposed amendments eliminate provisions that are unreasonable or obsolete. They also amend provisions that are more stringent than Federal rules without good reason. In addition, the Department anticipates that local governments with annual sewage report requirements will experience about a 50% reduction in those costs.

   We have reviewed this regulation and find it to be in the public interest. The revisions will update the Chapter 94 program requirements and result in some cost savings for local governments.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-322 from the Environmental Quality Board, as resubmitted to the Commission on July 21, 1998, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 98-1372. Filed for public inspection August 21, 1998, 9:00 a.m.]

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