PROPOSED RULEMAKING

INSURANCE DEPARTMENT

[31 PA. CODE CH. 133]

Preparation and Filing of Forms for Approval (Fire and Casualty)

[37 Pa.B. 1229]
[Saturday, March 17, 2007]

   The Insurance Department (Department) proposes to delete Chapter 133 (relating to preparation and filing of forms for approval (fire and casualty)) to read as set forth in Annex A. This rulemaking is proposed under the authority of sections 206, 506, 1501 and 1502 of The Administrative Code of 1929 (71 P. S. §§ 66, 186, 422 and 412) and section 354 of The Insurance Company Law of 1921 (40 P. S. § 477b).

Purpose

   The purpose of this proposed rulemaking is to rescind Chapter 133 to eliminate obsolete, unnecessary regulations. The provisions of this chapter were adopted at 1 Pa.B. 364 (October 10, 1970).

   Chapter 89b (relating to approval for life insurance, accident and health insurance and property and casualty insurance filing and form) was adopted at 32 Pa.B. 5747 (November 23, 2002) and renumbered at 32 Pa.B. 6128 (December 14, 2002), which revised the regulations for property and casualty insurers filing provisions and preparation of forms. The regulations prescribed the submission requirements for fire and casualty forms filed for automobile, glass, general liability, homeowners, package, and the like, and fire lines of insurance. The standards were incorporated into Chapter 89b and, therefore, the regulations in Chapter 133 are outdated and no longer needed.

Affected Parties

   The proposed rescission of Chapter 133 affects property and casualty insurers, the State Workmen's Insurance Fund and title insurers.

Fiscal Impact

   There is no fiscal impact as a result of the rescission of Chapter 133.

Paperwork

   The rescission of Chapter 133 would impose no additional paperwork requirements on the Department or insurers.

Effectiveness/Sunset Date

   The rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin. Because the rulemaking proposes to rescind Chapter 133, no sunset date has been assigned.

Contact Person

   Questions or comments regarding the proposed rulemaking should be addressed in writing to Peter J. Salvatore, Regulatory Coordinator, Insurance Department, 1326 Strawberry Square, Harrisburg, PA 17120, fax (717) 705-3873, psalvatore@state.pa.us within 30 days following the publication of this proposed rulemaking in the Pennsylvania Bulletin.

   Under the Regulatory Review Act (71 P. S. §§ 745.1--745.15), the Department is required to write to all commentators requesting whether or not they wish to receive a copy of the final-form rulemaking. To better serve the stakeholders, the Department has made a determination that all commentators will receive a copy of the final-form rulemaking when it is made available to the Independent Regulatory Review Commission (IRRC) and the Legislative Standing Committees.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 2, 2007, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to IRRC and to the Chairpersons of the Senate Banking and Insurance Committee and the House Committee on Insurance. A copy of this material is available to the public upon request.

   Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.

RANDOLPH L. ROHRBAUGH,   
Acting Insurance Commissioner

   Fiscal Note: 11-234. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 31. INSURANCE

PART VIII. MISCELLANEOUS PROVISIONS

CHAPTER 133. [PREPARATION AND FILING OF FORMS FOR APPROVAL (FIRE AND CASUALTY)] (Reserved)

   (Editor's Note: As part of this proposed rulemaking, the Department is proposing to rescind Chapter 133, which appears in 31 Pa. Code pages 133-1--133-4, serial pages (254713) to (254716).)

§§ 133.1--133.12. (Reserved).

[Pa.B. Doc. No. 07-438. Filed for public inspection March 16, 2007, 9:00 a.m.]

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