NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[42 Pa.B. 2253]
[Saturday, April 21, 2012]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, April 5, 2012, and announced the following:

Action Taken—Regulations Approved:

 Department of Labor and Industry #12-95: Food Service Employee Incentive Program (deletes 34 Pa. Code §§ 231.91—231.99)

 Pennsylvania Gaming Control Board #125-145: Accounting and Internal Controls; Commencement of Slot and Table Game Operations (deletes temporary 58 Pa. Code §§ 521.3, 521.11 and 525.1—525.20 and amends 58 Pa. Code Chapters 401a, 461a, 465a and 467a)

 Pennsylvania Gaming Control Board #125-155: Table Game Rules for Blackjack and Pai Gow Poker (deletes temporary 58 Pa. Code Chapters 549 and 561 and adds permanent Chapters 633a and 645a)

 Pennsylvania Gaming Control Board #125-159: Table Game Rules of Play for Spanish 21, Poker, Mississippi Stud and Crazy 4 Poker (deletes temporary 58 Pa. Code Chapters 551, 553, 571 and 573 and adds permanent Chapters 635a, 637a, 655a and 657a)

 State Board of Medicine #16A-4929: Behavior Specialist (amends 49 Pa. Code Chapter 16 and adds Subchapter I to Title 49)

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Approval Order

Public Meeting Held
April 5, 2012

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

Department of Labor and Industry—
Food Service Employee Incentive Program;
Regulation No. 12-95 (#2932)

 On February 23, 2012, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Labor and Industry (Department). This rulemaking deletes 34 Pa. Code §§ 231.91—231.99. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

 This regulation rescinds obsolete provisions pertaining to the defunct Food Service Employee Incentive Program.

 We have determined this regulation is consistent with the statutory authority of the Department (43 P. S. § 333.109) 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
April 5, 2012

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

Pennsylvania Gaming Control Board—
Accounting and Internal Controls; Commencement
of Slot and Table Game Operations;
Regulation No. 125-145 (#2894)

 On May 3, 2011, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking deletes temporary 58 Pa. Code §§ 521.3, 521.11 and 525.1—525.20. It also amends 58 Pa. Code Chapters 401a, 461a, 465a and 467a. The proposed regulation was published in the May 21, 2011 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 28, 2012.

 These changes align existing regulations with changes to the Pennsylvania Race Horse Development and Gaming Act and the introduction of table games in Pennsylvania.

 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.

____

Approval Order

Public Meeting Held
April 5, 2012

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

Pennsylvania Gaming Control Board—
Table Game Rules for Blackjack and Pai Gow Poker;
Regulation No. 125-155 (#2901)

 On August 2, 2011, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking deletes temporary 58 Pa. Code Chapters 549 and 561 and adds permanent Chapters 633a and 645a. The proposed regulation was published in the August 13, 2011 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 28, 2012.

 This rulemaking rescinds two chapters of the Board's temporary table game regulations pertaining to the games of Blackjack and Pai Gow Poker and replaces them with two new chapters of permanent regulations.

 We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. §§ 1202(b)(30) and 13A02(1)—(5.1)) 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
April 5, 2012

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

Pennsylvania Gaming Control Board—
Table Game Rules of Play for Spanish 21, Poker, Mississippi Stud and Crazy 4 Poker;
Regulation No. 125-159 (#2919)

 On October 26, 2011, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking deletes temporary 58 Pa. Code Chapters 551, 553, 571 and 573 and adds permanent Chapters 635a, 637a, 655a and 657a. The proposed regulation was published in the November 5, 2011 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 2, 2012.

 This rulemaking rescinds four chapters of the Board's temporary table game regulations pertaining to the games of Spanish 21, Poker, Mississippi Stud and Crazy 4 Poker and replaces them with four new chapters of permanent regulations.

 We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. §§ 1202(b)(30) and 13A02(1)—(5.1)) 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
April 5, 2012

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

State Board of Medicine—
Behavior Specialist;
Regulation No. 16A-4929 (#2820)

 On February 2, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 16. It also adds Subchapter I to Title 49. The proposed regulation was published in the February 13, 2010 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 11, 2011, and withdrawn on May 19, 2011. It was submitted again on June 20, 2011, and withdrawn on July 14, 2011. It was submitted a third time on February 22, 2012.

 This rulemaking establishes licensure requirements for behavior specialists as required by Act 62 of 2008.

 We have determined this regulation is consistent with the statutory authority of the Board (63 P.S §§ 422.8 and 422.25 and 40 P. S. § 764h(g)) 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. 12-746. Filed for public inspection April 20, 2012, 9:00 a.m.]

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