INDEPENDENT REGULATORY REVIEW COMMISSION Action Taken by the Commission [43 Pa.B. 7606]
[Saturday, December 28, 2013]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, December 12, 2013, and announced the following:
Action Taken—Regulations Approved:
Department of Community and Economic Development #4-96: Manufactured Housing Improvement Program (amends 12 Pa. Code Chapter 149)
State Board of Osteopathic Medicine #16A-5321: Physician Assistants and Respiratory Therapists (amends 49 Pa. Code Chapter 25)
State Board of Medicine #16A-4930: Physician Assistants and Respiratory Therapists (amends 49 Pa. Code Chapters 16 and 18)
Navigation Commission for the Delaware River & Its Navigable Tributaries #16A-663: General Revisions (amends 4 Pa. Code §§ 405.7, 405.8, 405.12 and 405.36)
Pennsylvania Gaming Control Board #125-162: Slot Machine and Table Game Device Testing and Control; Possession of Slot Machines and Fully Automated Electronic Gaming Tables; Slot Machine Tournaments; Accounting and Internal Controls; Possession of Table Game and Table Game Devices; Rules of Play (amends 58 Pa. Code Chapters 461a, 463a, 465a, 627a, 629a, 631a and 633a and adds Chapters 464a and 607a)
Pennsylvania Gaming Control Board #125-166: Slot Machines and Table Game Controls, Equipment, Credit and Rules (amends 58 Pa. Code Chs. 461a, 465a, 603a, 609a, 623a, 627a, 629a, 631a, 633a, 635a, 637a, 649a, 659a, 661a, 663a, and 665a)
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Approval Order Public Meeting Held
December 12, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Dennis A. Watson, Esq.
Department of Community and Economic Development—
Manufactured Housing Improvement Program;
Regulation No. 4-96 (#3014)On May 24, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Community and Economic Development (Department). This rulemaking amends 12 Pa. Code Chapter 149. The proposed regulation was published in the June 8, 2013 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 24, 2013.
In 2012, the General Assembly amended the Manufactured Housing Improvement Act (Act) to require that the Department promulgate regulations to establish an installation and construction standard for manufactured homes previously installed that are relocated to a site in Pennsylvania. This regulation establishes the installation and construction standard required by the Act.
We have determined this regulation is consistent with the statutory authority of the Department (35 P. S. § 1658.1 et seq.) 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
December 12, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Dennis A. Watson, Esq.
State Board of Osteopathic Medicine—
Physician Assistants and Respiratory Therapists;
Regulation No. 16A-5321 (#2941)On May 2, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Osteopathic Medicine (Board). This rulemaking amends 49 Pa. Code Chapter 25. The proposed regulation was published in the May 12, 2012 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 29, 2013.
This final-form rulemaking incorporates statutory changes made by Act 56 of 2004 and Act 46 of 2008 to the Osteopathic Medical Practice Act.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 271.10(h), 271.10a(c), 271.10b(f) and 271.16) 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
December 12, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Dennis A. Watson, Esq.
State Board of Medicine—
Physician Assistants and Respiratory Therapists;
Regulation No. 16A-4930 (#2942)On May 2, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code Chapters 16 and 18. The proposed regulation was published in the May 12, 2012 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 29, 2013.
This rulemaking aligns the Board's existing regulations with statutory changes made by Act 45 of 2008 to the Medical Practice Act of 1985.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 422.8, 422.8a, 422.13(c) and 422.13a(c)) 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
December 12, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Dennis A. Watson, Esq.
Navigation Commission for the Delaware River &
Its Navigable Tributaries—
General Revisions;
Regulation No. 16A-663 (#2995)On March 21, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Navigation Commission for the Delaware River & Its Navigable Tributaries. This rulemaking amends 4 Pa. Code §§ 405.7, 405.8, 405.12 and 405.36. The proposed regulation was published in the April 6, 2013 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 6, 2013.
This final-form regulation brings consistency to various sections of the Commission's regulations and recognizes the current practice of licensed pilots in Pennsylvania. Primarily, this regulation aligns Pennsylvania's regulations with those of the United States Coast Guard, Delaware and other states with similar state commissions. The regulation requires licensed pilots to hold a Federal pilot's license in order to apply for or renew a state license. The regulation also amends requirements related to applications or renewal of applications, medical evaluations, and disclosures, as well as removes obsolete provisions.
We have determined this regulation is consistent with the statutory authority of the Navigation Commission for the Delaware River & Its Navigable Tributaries (55 P. S. § 31) 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
December 12, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Dennis A. Watson, Esq.
Pennsylvania Gaming Control Board—
Slot Machine and Table Game Device Testing and Control; Possession of Slot Machines and Fully Automated Electronic Gaming Tables; Slot Machine Tournaments; Accounting and Internal Controls; Possession of Table Game and Table Game Devices; Rules of Play;
Regulation No. 125-162 (#2975)On October 17, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code Chapters 461a, 463a, 465a, 627a, 629a, 631a and 633a and adds Chapters 464a and 607a. The proposed regulation was published in the October 27, 2012 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 6, 2013.
This rulemaking modifies the requirements for termination or transfer of progressive jackpots, requires operators to provide monthly table game device master lists to the Bureau of Gaming Laboratory Operations, codifies the Board's policy on slot machine tournaments, and adds an additional side wager to Baccarat games.
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.
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Approval Order Public Meeting Held
December 12, 2013Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; John F. Mizner, Esq.; Dennis A. Watson, Esq.
Pennsylvania Gaming Control Board—
Slot Machines and Table Game Controls, Equipment, Credit and Rules;
Regulation No. 125-166 (#2981)On January 29, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code Chs. 461a, 465a, 603a, 609a, 623a, 627a, 629a, 631a, 633a, 635a, 637a, 649a, 659a, 661a, 663a, and 665a. The proposed regulation was published in the February 9, 2013 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 6, 2013.
The regulation amends Chapters 461a, 465a, 603a, 609a, 623a, 627a, 629a, 631a, 633a, 635a, 637a and 649a; rescinds Chapters 525, 575, 577 and 579; and adds Chapters 659a, 661a, 663a and 665a. The purpose of the rulemaking is to transition the requirements for Match Play Coupons and the game rules for Asia Poker, Three Dice Football and Five Card Hi-Lo from temporary to final-form regulations. Additionally, the rulemaking package adds several new table game side wagers and variations of the games.
We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. §§ 1207(3), (9) and §§ 13A02(1), (2) and (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.
SILVAN B. LUTKEWITTE, III,
Chairperson[Pa.B. Doc. No. 13-2455. Filed for public inspection December 27, 2013, 9:00 a.m.]
