Title 31--INSURANCE INSURANCE DEPARTMENT [31 PA. CODE CH. 66] No-Fault Motor Vehicle Insurance [27 Pa.B. 19] The Insurance Department (Department) hereby deletes Chapter 66 under the authority of sections 506 and 1502 of The Administrative Code of 1929 (71 P. S. §§ 186 and 412); 75 Pa.C.S. Chapter 17 (relating to financial responsibility); and 75 Pa.C.S. § 6103 (relating to promulgation of rules and regulations by department). Notice of proposed rulemaking is omitted in accordance with section 204(3) of the act of July 31, 1968 (P. L. 769, No. 240) (CDL) (45 P. S. § 1204(3)).
Purpose
The purpose of this final omitted rulemaking is to repeal Chapter 66 (relating to no-fault automobile insurance) to eliminate obsolete regulations. By order of section 10 of the act of February 12, 1984 (P. L. 26, No. 11), the No-Fault Motor Vehicle Insurance Act (40 P. S. §§ 1009.101--1009.701) was repealed. Section 12 of the act of February 12, 1984 (P. L. 53, No. 12) provided for October 1, 1984, as the effective date of the repeal.
The No-Fault Motor Vehicle Insurance Act was replaced by 75 Pa.C.S. Chapter 17, which became effective on October 1, 1984, for automobile insurance policies issued or renewed on or after this date. On September 28, 1995, the Department adopted regulations to implement the new law in Chapter 67 (relating to motor vehicle responsibility law).
Since the entire no-fault statutory scheme was replaced by a new statute and regulations more than a decade ago, the regulations adopted to implement the No-Fault Motor Vehicle Insurance Act are obsolete and no longer needed.
Under section 204(3) of the CDL, notice of proposed rulemaking may be omitted if the agency finds that the notice procedures are impracticable and unnecessary. This deletion of Chapter 66 eliminates obsolete regulations which are no longer applicable to motor vehicle insurance policies issued in this Commonwealth. Furthermore, public comments cannot change the obsolete status of these regulations. Accordingly, the Insurance Commissioner finds that the proposed rulemaking procedures in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) are impracticable and unnecessary in this situation.
Affected Parties
There are no parties affected by the deletion of Chapter 66.
Fiscal Impact
There is no fiscal impact from the deletion of Chapter 66.
Paperwork
There is no impact on paperwork as a result of the deletion of Chapter 66.
Effectiveness/Sunset Date
This order is effective upon publication in the Pennsylvania Bulletin. No sunset date has been assigned because the order repeals obsolete regulations.
Contact Person
The person to contact for information on this matter is Carolyn Montgomery, Director, Bureau of Consumer Services, 1321 Strawberry Square, Harrisburg, PA 17120, (717) 783-2153.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the regulations with the proposed rulemaking omitted on November 1, 1996, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate Banking and Insurance Committee and the House Insurance Committee. On the same date, the regulations were submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506). In accordance with section 5(c) of the Regulatory Review Act, the regulations were deemed approved by the Senate Banking and Insurance Committee on November 24, 1996, and deemed approved by the House Insurance Committee on November 24, 1996. IRRC met on November 21, 1996, and approved the regulations.
Findings
The Insurance Commissioner finds that:
(1) There is good cause to delete the regulations effective upon publication. Deferral of the effective date of the deletion of the regulations is impractical or contrary to the public interest under section 204 of the CDL because there is no purpose served by deferring the effective date, and an immediate effective date best serves the public interest by repealing unnecessary regulations.
(2) There is good cause to forego public notice of the intention to delete Chapter 66 because public notice of the deletion is unnecessary and impractical, for the following reasons:
(i) Deletion of the regulations eliminates a rulemaking that is obsolete and no longer applicable to motor vehicle insurance policies issued in this Commonwealth.
(ii) Public comment cannot change the fact that the regulations are unnecessary.
Order
The Insurance Commissioner, acting under authority under the statutory authority, orders that:
(a) The regulations of the Department, 31 Pa. Code Chapter 66, are amended by deleting §§ 66.1, 66.2, 66.11, 66.12, 66.21, 66.31, 66.41, 66.51--66.57, 66.81, 66.101--66.104, 66.111, 66.112, 66.121--66.123, 66.131, 66.141--66.145, 66.151--66.158 and 66.201 to read as set forth in Annex A.
(b) The Department shall submit this order and Annex A to the Office of the Attorney General and Office of General Counsel for approval as to form and legality as required by law.
(c) The Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon its publication in the Pennsylvania Bulletin.
LINDA S. KAISER,
Insurance Commissioner(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 26 Pa.B. 5915 (December 7, 1996).)
Fiscal Note: 11-136. No fiscal impact; (8) recommends adoption.
Annex A TITLE 31. INSURANCE PART II. AUTOMOBILE INSURANCE CHAPTER 66. [Reserved]. [Pa.B. Doc. No. 97-7. Filed for public inspection January 3, 1997, 9:00 a.m.]
