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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 04-36

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken By The Commission

[34 Pa.B. 134]

   The Independent Regulatory Review Commission (Commission) met publicly at 10:30 a.m., Thursday, December 18, 2003, and announced the following:

Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective December 17, 2003

   Insurance Department #11-218: Recognition of the 2001 CSO Mortality Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits (adds 31 Pa. Code Chapter 84d)

   State Board of Dentistry #16A-4611: Application Fees (amends 49 Pa. Code § 33.3)

Regulations Approved

   Department of Revenue #15-424: Match 6 Lotto (adds Chapter 872 to 61 Pa. Code)

   State Board of Cosmetology #16A-4510: Examination Fees (amends 49 Pa. Code Chapter 7)

   Underground Storage Tank Indemnification Board #11-219: Fees and Collection Procedures (amends 25 Pa. Code Chapter 977)

____

Approval Order

Public Meeting held
December 18, 2003

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

Department of Revenue--Match 6 Lotto; Regulation No. 15-424

   On November 25, 2003, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Revenue (Revenue). This rulemaking adds Chapter 872 to 61 Pa. Code. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This regulation sets forth the details and procedures that will be followed for the operation and administration of the Match 6 Lotto game.

   We have determined this regulation is consistent with the statutory authority of Revenue (72 P. S. § 3761-303) 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 18, 2003

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

State Board of Cosmetology--Examination Fees; Regulation No. 16A-4510

   On September 27, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Cosmetology (Board). This rulemaking amends 49 Pa. Code Chapter 7. The proposed regulation was published in the October 13, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 12, 2003.

   The regulation deletes references to examination fees. The fees are being deleted because they are set by the professional testing organizations that offer the exams. Applicants will submit the examination fees when they apply to the Board for licensure.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 517, 518 and 519(b)) 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 18, 2003

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

Underground Storage Tank Indemnification Board--Fees and Collection Procedures; Regulation No. 11-219

   On November 14, 2003, the Independent Regulatory Review Commission (Commission) received this regulation from the Underground Storage Tank Indemnification Board (Board). This rulemaking amends 25 Pa. Code Chapter 977. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This final-omitted regulation raises the gallon and capacity fees charged by the Board. Upon review of the annual actuarial report, the Board is increasing these fees by 10% to maintain the solvency of the Underground Storage Tank Indemnification Fund.

   We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 6021.705) 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. 04-36. Filed for public inspection January 2, 2004, 9:00 a.m.]



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