NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[37 Pa.B. 1940]
[Saturday, April 21, 2007]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, April 5, 2007, and announced the following:

Regulations Deemed Approved Under 5(g) of the Regulatory Review Act--Effective April 4, 2007

   Department of Community and Economic Development #4-85: Industrial Housing and Components (amends 12 Pa. Code Chapter 145)

Regulations Approved:

   State Board of Funeral Directors #16A-4814: Unprofessional Conduct (amends 49 Pa. Code Chapter 13)

   Environmental Quality Board #7-399: Nonattainment New Source Review (amends 25 Pa. Code Chapters 121 and 127)

   Gaming Control Board #125-47: Diversity (adds 58 Pa. Code Chapter 481a)

   Gaming Control Board #125-46: Recordkeeping and Fees (adds 58 Pa. Code 451a and 471a)

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Approval Order

Public Meeting held
April 5, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson, Alvin C. Bush, Vice Chairperson, David M. Barasch, Esq., David J. DeVries, Esq., John F. Mizner, Esq.

State Board of Funeral Directors--Unprofessional Conduct; Regulation No. 16A-4814 (#2459)

   On February 2, 2005, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Funeral Directors. This rulemaking amends 49 Pa. Code Chapter 13. The proposed regulation was published in the February 12, 2005 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 5, 2007.

   This final-form regulation updates the list of actions that constitute unprofessional conduct by licensed funeral directors.

   We have determined this regulation is consistent with the statutory authority of the State Board of Funeral Directors (63 P. S. §§ 479.11(a)(5) and 479.16(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.

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Approval Order

Public Meeting held
April 5, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson, Alvin C. Bush, Vice Chairperson, David M. Barasch, Esq., David J. DeVries, Esq., John F. Mizner, Esq.

Environmental Quality Board--Nonattainment New Source Review; Regulation No. 7-399 (#2535)

   On April 13, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 121 and 127. The proposed regulation was published in the April 29, 2006 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on March 6, 2007.

   This rulemaking is a comprehensive revision of the Board's existing regulations for the nonattainment new source review (NSR) program. The major component of the NSR program is preconstruction review and permitting of new or modified stationary sources of air pollutants. The revisions include plantwide applicability limits that may reduce operating costs for industry via enhanced operational flexibility.

   We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 4005(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.

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Approval Order

Public Meeting held
April 5, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson, Alvin C. Bush, Vice Chairperson, Dissenting, David M. Barasch, Esq., Dissenting, David J. DeVries, Esq., John F. Mizner, Esq.

Gaming Control Board--Diversity; Regulation No. 125-47 (#2563)

   On August 28, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Gaming Control Board (Board). This rulemaking adds 58 Pa. Code Chapter 481a. The proposed regulation was published in the September 9, 2006 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 28, 2007.

   This final-form rulemaking establishes diversity participation and reporting requirements for all entities that are licensed or certified by the Board.

   We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S.A. §§ 1202(b)(30), 1212 and 1325(b) and (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.

____

Approval Order

Public Meeting held
April 5, 2007

Commissioners Voting: Arthur Coccodrilli, Chairperson, Alvin C. Bush, Vice Chairperson, David M. Barasch, Esq., David J. DeVries, Esq., John F. Mizner, Esq.

Gaming Control Board--Recordkeeping and Fees; Regulation No. 125-46 (#2562)

   On August 28, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Gaming Control Board (Board). This rulemaking adds 58 Pa. Code Chapter 451a and 471a. The proposed regulation was published in the September 9, 2006 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 28, 2007.

   This final-form rulemaking establishes fee and recordkeeping requirements for entities that are licensed, registered or certified by the Board.

   We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S.A. §§ 1202(b)(30), 1207(3), 1208, 1209(d), 1308 and 1322) 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. 07-713. Filed for public inspection April 20, 2007, 9:00 a.m.]

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