NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[41 Pa.B. 4923]
[Saturday, September 10, 2011]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, August 25, 2011, and announced the following:

Action Taken—Regulations Approved:

 Insurance Department #11-248: Fraternal Beneficial Societies (deletes 31 Pa. Code Chapter 43)

 Board of Coal Mine Safety #7-455: Underground Coal Mine Safety (establishes 25 Pa. Code Chapter 208)

 Pennsylvania Gaming Control Board #125-141: Preliminary Provisions; Bureau of Investigations and Enforcement (amends 58 Pa. Code Chapters 401a and 405a)

Action Taken—Regulation Disapproved: Order Not Yet Issued

 * Pennsylvania Public Utility Commission #57-269: Natural Gas Distribution Companies and the Promotion of Competitive Retail Markets

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Approval Order

Public Meeting held
August 25, 2011

Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.

Insurance Department—
Fraternal Beneficial Societies;
Regulation No. 11-248 (#2900)

 On July 15, 2011, the Independent Regulatory Review Commission (Commission) received this regulation from the Insurance Department (Department). This rulemaking deletes 31 Pa. Code Chapter 43. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

 This final-omitted regulation deletes an outdated chapter relating to the establishment and valuation of life insurance reserves by beneficial societies subject to a 1937 Act that was repealed.

 We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. § 186) 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
August 25, 2011

Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.

Board of Coal Mine Safety—
Underground Coal Mine Safety;
Regulation No. 7-455 (#2856)

 On June 25, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Board of Coal Mine Safety (Board). This rulemaking establishes 25 Pa. Code Chapter 208. The proposed regulation was published in the July 10, 2010 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on July 22, 2011.

 This final-form rulemaking establishes safety standards relating to belt conveyor flammability, the design and installation of mine seals, escapeways, emergency response and self-contained self-rescue devices. They incorporate by reference safety standards adopted by the United States Department of Labor, Mine Safety and Health Administration found in 30 CFR Part 75 (relating to mandatory safety standards—underground coal mines).

 We have determined this regulation is consistent with the statutory authority of the Board (52 P. S. §§ 690-106, 690-106.1 and 690-106.2) 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
August 25, 2011

Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.

Pennsylvania Gaming Control Board—
Preliminary Provisions; Bureau of Investigations
and Enforcement
Regulation No. 125-141 (#2888)

 On February 14, 2011, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code Chapters 401a and 405a. The proposed regulation was published in the February 26, 2011 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 21, 2011.

 This regulation establishes the appropriate procedures and conduct required for permitting ex parte communications with the Board, and sets forth the separation of the functions of certain offices and bureaus in the Board.

 We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. §§ 1202 (b)(25), 1202.1, 1516.1 and 1517 (a.1)(2)) 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.

SILVAN B. LUTKEWITTE, III, 
Chairperson

[Pa.B. Doc. No. 11-1572. Filed for public inspection September 9, 2011, 9:00 a.m.]

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