NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[37 Pa.B. 5447]
[Saturday, October 6, 2007]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m. Thursday, September 20, 2007, and announced the following:

Regulations Approved:

   Environmental Quality Board #7-415: Alternative Fuels Incentive Grant Program (AFIG) Regulation (deletes 4 Pa. Code Chapter 311)

   Environmental Quality Board #7-395: Administration of the Storage Tank and Spill Prevention Act (amends 25 Pa. Code Chapter 245)

   Pennsylvania Gaming Control Board #125-61: General Revisions; Applications; Licensed Entity Representatives; Manufacturer Licenses; Supplier Licenses; Horsemen's Organizations; Labor Organizations; Junket Enterprises; Management Companies (adds 58 Pa. Code Chapters 421a, 423a, 425a, 427a, 431a, 436a, 438a, 439a and 440a)

   Pennsylvania Gaming Control Board #125-54: Compulsive and Problem Gambling; Self Exclusion (adds 58 Pa. Code Chapters 501a and 503a)

   Pennsylvania Gaming Control Board #125-57: Persons Required to be Excluded; Underage Gaming (adds 58 Pa. Code Chapters 511a and 513a)

   Pennsylvania Gaming Control Board #125-56: Practice and Procedure (amends 58 Pa. Code)

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Approval Order

Public Meeting held
September 20, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson; David J. DeVries, Esq.; John F. Mizner, Esq.

Environmental Quality Board--Alternative Fuels Incentive Grant Program (AFIG) Regulation;
Regulation No. 7-415 (#2624)

   On August 13, 2007, the Independent Regulatory Review Commission (Commission) received this regulation from the Environmental Quality Board. This rulemaking deletes 4 Pa. Code Chapter 311. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This final-omitted regulation deletes 4 Pa. Code Chapter 311 (Chapter 311) titled ''Alternative Fuels Incentive Grant Fund'' (Fund) in its entirety. Act 178 of 2004 (Act 178) repealed the statute cited as the authority for Chapter 311 and abrogated regulations promulgated under it. The Fund will continue to be in existence, but will be administered using the provisions in Act 178 rather than Chapter 311.

   We have determined this regulation is consistent with the statutory authority of the Environmental Quality Board (Section 8 of Act 178 of 2004) 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.

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Approval Order

Public Meeting held
September 6, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson; David J. DeVries, Esq.; John F. Mizner, Esq.

Environmental Quality Board--Administration of the Storage Tank and Spill Prevention Act;
Regulation No. 7-395 (#2532)

   On April 7, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 245. The proposed regulation was published in the April 22, 2006 Pennsylvania Bulletin with a 68-day public comment period. The final-form regulation was submitted to the Commission on July 27, 2007.

   This final-form rulemaking makes comprehensive and minor editorial changes to the Board's existing Storage Tank Program regulations. Changes pertain to: new and revised definitions; new tank registration provisions; regulation of large aboveground storage tanks storing heating oil for on-site consumptive use; additional training and qualification provisions for certified tank installers and inspectors; storage tank permitting; record keeping; and inspection provisions.

   We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 6021.106) 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 20, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson; David J. DeVries, Esq.; John F. Mizner, Esq.

Pennsylvania Gaming Control Board--General Revisions;
Applications; Licensed Entity Representatives;
Manufacturer Licenses; Supplier Licenses;
Horsemen's Organizations; Labor Organizations;
Junket Enterprises; Management Companies;
Regulation No. 125-61 (#2610)

   On April 26, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking adds 58 Pa. Code Chapters 421a, 423a, 425a, 427a, 431a, 436a, 438a, 439a and 440a. The proposed regulation was published in the May 12, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 8, 2007.

   This regulation establishes nine chapters of the Board's regulations. The chapters relate to the licensing, permitting, certification and registration of licensed entity representatives, manufacturers, suppliers, horsemen's organizations, labor organizations, junket enterprises and management companies.

   We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S.A. §§ 1202(b)(30), 1202(b)(9), (b)(13)--(20) and (b)(23), 1202.1(b) and (e), 1205, 1311.1, 1311.2, 1317, 1317.1, 1319, 1321(a), 1325, 1326, 1331, and 1406) 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 20, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson; David J. DeVries, Esq.; John F. Mizner, Esq.

Pennsylvania Gaming Control Board--Compulsive and Problem Gambling; Self Exclusion;
Regulation No. 125-54 (#2589)

   On January 17, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking adds 58 Pa. Code Chapters 501a and 503a. The proposed regulation was published in the January 27, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 5, 2007. On July 17, 2007, the Board withdrew the final-form regulation. On August 8, 2007, the Board resubmitted the final-form regulation.

   This regulation establishes two chapters of the Board's regulations. One chapter sets forth the standards and requirements for compulsive and problem gambling plans to be developed and implemented by slot machine licensees. The second chapter establishes the procedures for implementing the self-exclusion program.

   We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S.A §§ 1202(b)(30), 1509 and 1516) and the intention of the General Assembly. Having considered all 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 20, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson; David J. DeVries, Esq.; John F. Mizner, Esq.

Pennsylvania Gaming Control Board--Persons Required to be Excluded; Underage Gaming;
Regulation No. 125-57 (#2601)

   On March 28, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking adds 58 Pa. Code Chapter 511a and 513a. The proposed regulation was published in the April 7, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 21, 2007. On July 17, 2007, the Board withdrew the final-form regulation. On August 8, 2007, the Board resubmitted the final-form regulation.

   This final-form rulemaking establishes two chapters of the Board's regulations. One chapter requires the Board to maintain a list of all persons excluded or ejected from a licensed facility and includes criteria for exclusion and procedures for placement on the exclusion list. The second chapter establishes provisions related to the prohibition of underage gaming.

   We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S.A §§ 1202(b)(30), 1207(8), 1514, 1515 and 1518(a)(13)) 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 20, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson; David J. DeVries, Esq.; John F. Mizner, Esq.

Pennsylvania Gaming Control Board--Practice
and Procedure;
Regulation No. 125-56 (#2612)

   On May 9, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board. This rulemaking amends 58 Pa. Code. The proposed regulation was published in the May 19, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 8, 2007.

   This regulation establishes general rules pertaining to the filing of pleadings and hearing procedure; provides the form requirements for documentary filings and guidance as to the calculation of time periods for filings; and provides rules for representation before the Board.

   We have determined this regulation is consistent with the statutory authority of the Pennsylvania Gaming Control Board 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.

ARTHUR COCCODRILLI,   
Chairperson

[Pa.B. Doc. No. 07-1851. Filed for public inspection October 5, 2007, 9:00 a.m.]

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