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PA Bulletin, Doc. No. 13-1184

NOTICES

Notice of Comments Issued

[43 Pa.B. 3601]
[Saturday, June 29, 2013]

 Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b).

 The Commission has issued comments on the following proposed regulations. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.

Close of the Public IRRC Comments
Reg. No. Agency/Title Comment Period Issued
125-168 Pennsylvania Gaming Control Board
Gaming Junket Enterprises, Accounting and
 Internal Controls, Compulsive and Problem
 Gambling, Self-Exclusion, Underage Gaming,
 Equipment, Blackjack
43 Pa.B. 2152 (April 20, 2013)
5/20/136/19/13

Pennsylvania Gaming Control Board

Regulation #125-168 (IRRC #3003)

Gaming Junket Enterprises, Accounting and Internal Controls, Compulsive and Problem Gambling, Self-Exclusion, Underage Gaming, Equipment, Blackjack

June 19, 2013

 We submit for your consideration the following comments on the proposed rulemaking published in the April 20, 2013 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the Pennsylvania Gaming Control Board (Board) to respond to all comments received from us or any other source.

1. Section 501a.7. Advertising.—Economic impact; Protection of the public welfare.

 Parx Casino (Parx) commented in support of nearly all of the changes proposed by the Board, but expresses concern with Subparagraph (e)(3)(ii) which states:

The gambling assistance message shall be visible for the entire time the video or television advertisement is displayed.

 Parx describes a commercial strategy that creates a back-story to pull the viewer into the commercial and then reveals the highlights of the casino, its amenities, its positive attributes and its branding message. Parx believes the requirement that the gambling assistance message be visible at all times would make this advertising campaign obsolete by requiring the message to be displayed during the back-story portion of the commercial. Consequently, Parx objects to this provision of the regulation. Parx has suggested alternative language. We ask the Board to consider this comment and explain why the Board's proposed language is the best alternative to serve the public interest.

2. Section 513a.1. Definitions.—Clarity.

 This section adds a definition of ''underage individual,'' but upon review we did not find this term used in Chapter 513a. The Board should either use the defined term or delete the definition.

SILVAN B. LUTKEWITTE, III, 
Chairperson

[Pa.B. Doc. No. 13-1184. Filed for public inspection June 28, 2013, 9:00 a.m.]



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