NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[39 Pa.B. 2064]
[Saturday, April 18, 2009]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, April 2, 2009, and announced the following:

Regulations Deemed Approved Under Section 5(g) of the Regulatory Review Act--Effective April 1, 2009:

   Department of Agriculture #2-156: Seed Testing, Labeling and Standards (amends 7 Pa. Code Chapter 111)

   Department of Agriculture #2-157: General Provisions for Seed Certification (amends 7 Pa. Code Chapter 113)

   Department of Agriculture #2-158: Standards for Seed Certification (amends 7 Pa. Code Chapter 115)

Action Taken--Regulations Approved:

   Insurance Department #11-242: Medicare Supplement Insurance Minimum Standards (amends 31 Pa. Code Chapter 89)

   Pennsylvania Gaming Control Board #125-95: Suppliers' Principal Place of Business; Temporary Credentials and Recordkeeping (amends 58 Pa. Code §§ 431a.4, 435a.8, 437a.8, 451a.1 and 465a.6)

   Environmental Quality Board #7-412: Safe Drinking Water--General Update (amends 25 Pa. Code Chapter 109)

Action Taken--Regulation Disapproved: Order Not Yet Issued*:

   State Board of Osteopathic Medicine #16A-5318: Prescriptive Privileges for Physician Assistants (amends 49 Pa. Code Chapter 25)

   *  Will advise when order is issued.

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Approval Order

Public Meeting held
April 2, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick; Nancy Sabol Frantz, Esq., Abstained; Karen A. Miller; John F. Mizner, Esq.

Insurance Department--
Medicare Supplement Insurance Minimum Standards;
Regulation No. 11-242 (#2752)

   On February 27, 2009, the Independent Regulatory Review Commission (Commission) received this regulation from the Insurance Department. This rulemaking amends 31 Pa. Code Chapter 89. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This final-omitted regulation amends Pennsylvania's regulation to meet Federal requirements for Medicare Supplement Insurance policies as required by the Medicare Improvements for Patients and Providers Act of 2008 and the Genetic Information and Nondiscrimination Act of 2008.

   We have determined this regulation is consistent with the statutory authority of the Insurance Department (71 P. S. §§ 66, 186, 411 and 412) 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
April 2, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick; Nancy Sabol Frantz, Esq.; Karen A. Miller; John F. Mizner, Esq.

Pennsylvania Gaming Control Board--
Suppliers' Principal Place of Business;
Temporary Credentials and Recordkeeping;
Regulation No. 125-95 (#2733)

   On November 14, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code §§ 431a.4, 435a.8, 437a.8, 451a.1 and 465a.6. The proposed regulation was published in the November 29, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 20, 2009.

   This regulation establishes the criteria for what constitutes a licensed supplier's ''principal place of business'' in Pennsylvania, and updates and clarifies other existing provisions.

   We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. §§ 1202(b)(30) and 1317(b)(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.

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Approval Order

Public Meeting held
April 2, 2009

Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick; Nancy Sabol Frantz, Esq.; Karen A. Miller; John F. Mizner, Esq.

Environmental Quality Board--
Safe Drinking Water--General Update;
Regulation No. 7-412 (#2633)

   On August 16, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 109. The proposed regulation was published in the September 1, 2007 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 27, 2009.

   This regulation revises and updates existing rules for public water systems in three ways. First, it incorporates necessary Federal requirements needed to obtain or maintain primacy for provisions related to five key segments of the federal Safe Drinking Water program. Second, it improves data quality and modernizes reporting requirements. Third, it clarifies and coordinates requirements with other existing provisions in order to improve compliance.

   We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 721.4(a)) 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. 09-713. Filed for public inspection April 17, 2009, 9:00 a.m.]

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