NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[42 Pa.B. 3182]
[Saturday, June 2, 2012]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, May 17, 2012, and announced the following:

Action Taken—Regulations Approved:

 Milk Marketing Board #47-15: Electronic Methods for Testing Milk for Fat Content (amends 7 Pa. Code Chapter 144)

 Pennsylvania Gaming Control Board #125-152: Table Game Rules for Four Card Poker, Let It Ride Poker, Three Card Poker and Ultimate Texas Hold 'Em Poker (deletes temporary 58 Pa. Code Chapters 557, 559, 565 and 569 and adds permanent Chapters 641a, 643a, 649a and 653a)

 Pennsylvania Gaming Control Board #125-154: Table Game Rules for Caribbean Stud Poker and Texas Hold 'Em Bonus Poker (deletes temporary 58 Pa. Code Chapters 555 and 563 and adds permanent Chapters 639a and 647a)

 Department of Public Welfare #14-524: Participation Review Process for Medical Assistance Nursing Facilities (amends 55 Pa. Code Chapters 1187 and 1189)

 Pennsylvania Public Utility Commission #57-278: Call Recording for Telephone Companies (amends 52 Pa. Code Section 63.137)

 Pennsylvania Public Utility Commission #57-273: Default Service Regulations (amends 52 Pa. Code Chapter 54)

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Approval Order

Public Meeting Held
May 17, 2012

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

Milk Marketing Board—
Electronic Methods for Testing Milk for Fat Content; Regulation No. 47-15 (#2891)

 On March 24, 2011, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Milk Marketing Board (Board). This rulemaking amends 7 Pa. Code Chapter 144. The proposed regulation was published in the April 23, 2011 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 26, 2012. On April 13, 2012, the Board simultaneously withdrew and resubmitted the final regulation to make technical corrections.

 This regulation updates the electronic methods for testing the components of milk. The Board is deleting the majority of existing Chapter 144 and replacing it with industry standards, equipment standards and testing requirements.

 We have determined this regulation is consistent with the statutory authority of the Board (31 P. S. § 700j-307) 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
May 17, 2012

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

Pennsylvania Gaming Control Board—
Table Game Rules for Four Card Poker, Let It Ride Poker, Three Card Poker and Ultimate Texas Hold 'Em Poker; Regulation No. 125-152 (#2898)

 On June 14, 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 557, 559, 565 and 569 and adds permanent Chapters 641a, 643a, 649a and 653a. The proposed regulation was published in the July 16, 2011 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 26, 2012.

 This rulemaking rescinds four chapters of the Board's temporary table game regulations pertaining to the games of Four Card Poker, Let It Ride Poker, Three Card Poker and Ultimate Texas Hold 'Em 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) and 13A02(1)—(4)) 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
May 17, 2012

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

Pennsylvania Gaming Control Board—
Table Game Rules for Caribbean Stud Poker
and Texas Hold 'Em Bonus Poker;
Regulation No. 125-154 (#2899)

 On July 7, 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 555 and 563 and adds permanent Chapters 639a and 647a. The proposed regulation was published in the July 23, 2011 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 26, 2012.

 This rulemaking rescinds two chapters of the Board's temporary table game regulations pertaining to the games of Caribbean Stud Poker and Texas Hold 'Em Bonus Poker and replaces them with two new chapters or permanent regulations.

 We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. §§ 1202(b) and 13A02(1)—(4)) 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
May 17, 2012

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

Department of Public Welfare—
Participation Review Process for Medical
Assistance Nursing Facilities;
Regulation No. 14-524 (#2880)

 On October 22, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code Chapters 1187 and 1189. The proposed regulation was published in the November 6, 2010 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 16, 2012.

 This final-form rulemaking implements Act 16 of 2007, which requires the Department to promulgate regulations to establish a process and criteria for reviewing and responding to requests by nursing facilities to enroll in the Medical Assistance (MA) Program or increase certified MA bed complements in a manner that is consistent with applicable Federal and State laws.

 We have determined this regulation is consistent with the statutory authority of the Department (62 P. S. § 443.1(8)) 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
May 17, 2012

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

Pennsylvania Public Utility Commission—
Call Recording for Telephone Companies;
Regulation No. 57-278 (#2877)

 On September 28, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Section 63.137. The proposed regulation was published in the October 9, 2010 Pennsylvania Bulletin with a 45-day public comment period. The final-form regulation was submitted to the Commission on April 3, 2012.

 This final-form rulemaking deletes the prohibition against call recording by jurisdictional telephone companies for training and quality service purposes.

 We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. §§ 501 and 504) 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
May 17, 2012

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

Pennsylvania Public Utility Commission—
Default Service Regulations;
Regulation No. 57-273 (#2837)

 On April 15, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapter 54. The proposed regulation was published in the May 1, 2010 Pennsylvania Bulletin with a 45-day public comment period. At its March 15, 2012 public meeting, the Commission voted to disapprove the final-form regulation. On May 1, 2012, the PUC submitted its report and the final-form regulation, without changes, to the Commission.

 This final-form rulemaking aligns the PUC's existing default service regulations with Act 129 of 2008.

 We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. §§ 501 and 2807) 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. 12-1021. Filed for public inspection June 1, 2012, 9:00 a.m.]

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