NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[38 Pa.B. 6429]
[Saturday, November 22, 2008]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, November 6, 2008, and announced the following:

Regulation Deemed Approved Under Section 5(g) of the Regulatory Review Act--Effective November 5, 2008:

   Pennsylvania Public Utility Commission #57-261: Telecommunications Relay Service System and Relay Service Fund (amends 52 Pa. Code Chapter 63)

   Insurance Department #11-237: Prohibited Phrases (rescinds Chapter 139)

   Milk Marketing Board #47-13: Producer Receipt for Farm Bulk Tank Milk (amends 7 Pa. Code § 143.46)

Regulations Approved:

   Department of Agriculture #2-102: Amusement Rides and Attractions Erected Permanently or Temporarily at Carnivals, Fairs and Amusement Parks (amends 7 Pa. Code Chapter 139)

   Department of Banking #3-43: Proper Conduct of Lending and Brokering in the Mortgage Loan Business (amends 10 Pa. Code Chapter 46)

   Pennsylvania Public Utility Commission #57-264: Net Metering and Interconnection (amends 52 Pa. Code Chapter 75)

   Pennsylvania Public Utility Commission #57-252: Implementation of the Alternative Energy Portfolio Standards Act of 2004 (amends 52 Pa. Code Chapter 75)

   Pennsylvania Gaming Control Board #125-89: Employees; Slot Machine Licenses; and Accounting and Internal Controls (amends 58 Pa. Code Chapters 435a, 441a and 465a)

   Pennsylvania Gaming Control Board #125-88: Slot Machine Testing and Control; Possession of Slot Machines; Accounting and Internal Controls; and Commencement of Slot Operations (amends 58 Pa. Code Chapters 461a, 463a, 465a and 467a)

   Pennsylvania Gaming Control Board #125-85: Licensed Facility (amends 58 Pa. Code Chapter 401a)

Regulation Disapproved: Order Not Yet Issued

   *  Department of State No. 16-40: Lobbying Disclosure

   *  Will advise when order is issued.

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Approval Order

Public Meeting held
November 6, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Nancy Sabol Frantz, Esq.; Karen A. Miller; John F. Mizner, Esq.

Department of Agriculture--Amusement Rides and Attractions Erected Permanently or Temporarily at Carnivals, Fairs and Amusement Parks;
Regulation No. 2-102 (#2616)

   On June 13, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking amends 7 Pa. Code Chapter 139. The proposed regulation was published in the June 23, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 25, 2008.

   This rulemaking is a comprehensive update and revision of the Department's existing regulations on amusement rides and attractions. There are three basic reasons for this rulemaking. First, the provisions of Chapter 139 are out-of-date and have not been amended since 1987. Second, revisions are necessary to incorporate the standards of the ASTM International (formerly known as the American Society for Testing Materials). Third, the rulemaking brings this chapter into greater consistency with its enabling legislation, the Amusement Ride Inspection Act which was amended in the 1990.

   We have determined this regulation is consistent with the statutory authority of the Department (4 P. S. § 404) 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
November 6, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Nancy Sabol Frantz, Esq., Abstained; Karen A. Miller; John F. Mizner, Esq.

Department of Banking--Proper Conduct of Lending and Brokering in the Mortgage Loan Business;
Regulation No. 3-43 (#2620)

   On July 5, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Banking (Department). This rulemaking amends 10 Pa. Code Chapter 46. The proposed regulation was published in the July 21, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 25, 2008.

   This final-form regulation seeks to alleviate some of the issues in the mortgage loan industry by establishing a set of rules governing persons or entities operating in the loan business in the Commonwealth.

   We have determined this regulation is consistent with the statutory authority of the Department (7 Pa.C.S. § 6138(a)(4) and 7 P. S. § 6212) 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
November 6, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Nancy Sabol Frantz, Esq.; Karen A. Miller; John F. Mizner, Esq.

Pennsylvania Public Utility Commission--Net Metering and Interconnection;
Regulation No. 57-264 (#2724)

   On September 25, 2008, the Independent Regulatory Review Commission (Commission) received this regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapter 75. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This regulation implements Act 35 of 2007 by amending definitions, the reconciliation mechanism for surplus energy supplied through net metering and the price to be paid for surplus energy.

   We have determined this regulation is consistent with the statutory authority of the PUC (73 P. S. § 1648.5) 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
November 6, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Nancy Sabol Frantz, Esq.; Karen A. Miller; John F. Mizner, Esq.

Pennsylvania Public Utility Commission-- Implementation of the Alternative Energy Portfolio Standards Act of 2004;
Regulation No. 57-252 (#2569)

   On September 27, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapter 75. The proposed regulation was published in the October 14, 2006 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on October 3, 2008.

   This final-form regulation implements portions of the Alternative Energy Portfolio Standards Act of 2004. These provisions ''identify how compliance will be measured, the penalties for noncompliance, the powers and duties of a third party administrator, the mechanism for cost recovery by electric distribution companies and other necessary provisions.''

   We have determined this regulation is consistent with the statutory authority of the PUC (73 P. S. § 1648.3(e)) 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
November 6, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Nancy Sabol Frantz, Esq.; Karen A. Miller; John F. Mizner, Esq.

Pennsylvania Gaming Control Board--Employees; Slot Machine Licenses; and Accounting and Internal Controls;
Regulation No. 125-89 (#2703)

   On June 12, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code Chapters 435a, 441a and 465a. The proposed regulation was published in the June 28, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 30, 2008.

   This regulation amends three existing chapters of the Board's regulations. These amendments expand the list of offenses that licensees must report to the Board, establish time periods for the submission of additional documents required when applying via the SLOTS Link system, clarify that temporary credentials for non-gaming employees will be issued by the Bureau of Licensing to reflect current Board practice, and further restrict the employment of off-duty law enforcement officers as security personnel anywhere in the licensed facility.

   We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. §§ 1202(b)(30), 1308, 1318 and 1331) 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
November 6, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Nancy Sabol Frantz, Esq.; Karen A. Miller

Pennsylvania Gaming Control Board--Slot Machine Testing and Control; Possession of Slot Machines; Accounting and Internal Controls; and Commencement
of Slot Operations; Regulation No. 125-88 (#2702)

   On June 12, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code Chapters 461a, 463a, 465a and 467a. The proposed regulation was published in the June 28, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 30, 2008.

   This final form rulemaking adds or amends provisions related to: random access memory of slot machines; transportation of slot machines; internal control systems and audit protocols; standard financial and statistical reports; central control computer equipment and access to it; organizational charts of slot machine licensees; and changes to the gaming floor.

   We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S.A. § 1202(b)(30)) 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
November 6, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson, by Proxy; Nancy Sabol Frantz, Esq., Dissenting; Karen A. Miller; John F. Mizner, Esq., by Phone

Pennsylvania Gaming Control Board--Licensed Facility;
Regulation No. 125-85 (#2692)

   On April 21, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code Chapter 401a. The proposed regulation was published in the May 3, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 30, 2008.

   The regulation expands the definition of the term ''licensed facility'' to provide greater clarity as to what areas are considered to be part of the licensed facility.

   We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. § 1202(b)(30)) 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. 08-2126. Filed for public inspection November 21, 2008, 9:00 a.m.]

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