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Volume 41 Number 25 Saturday, June 18, 2011 • Harrisburg, PA Pages 3075—3170 Agencies in this issue The Courts Department of Banking Department of Education Department of Environmental Protection Department of Health Department of Labor and Industry Department of Public Welfare Department of Revenue Environmental Quality Board Executive Board Fish and Boat Commission Independent Regulatory Review Commission Insurance Department Legislative Reference Bureau Liquor Control Board Pennsylvania Public Utility Commission State Board of Nursing State Employees’ Retirement Board Detailed list of contents appears inside. Latest Pennsylvania Code Reporters (Master Transmittal Sheets): No. 439, June 2011 published weekly by Fry Communications, Inc. for the PENNSYLVANIA Commonwealth of Pennsylvania, Legislative Reference Bu- BULLETIN reau, 641 Main Capitol Building, Harrisburg, Pa. 17120, (ISSN 0162-2137) under the policy supervision and direction of the Joint Committee on Documents pursuant to Part II of Title 45 of the Pennsylvania Consolidated Statutes (relating to publi- cation and effectiveness of Commonwealth Documents). Subscription rate $82.00 per year, postpaid to points in the United States. Individual copies $2.50. Checks for subscrip- tions and individual copies should be made payable to ‘‘Fry Communications, Inc.’’ Periodicals postage paid at Harris- burg, Pennsylvania. Postmaster send address changes to: Orders for subscriptions and other circulation matters FRY COMMUNICATIONS should be sent to: Attn: Pennsylvania Bulletin 800 W. Church Rd. Fry Communications, Inc. Attn: Pennsylvania Bulletin Mechanicsburg, Pennsylvania 17055-3198 800 W. Church Rd. (717) 766-0211 ext. 2340 Mechanicsburg, PA 17055-3198 (800) 334-1429 ext. 2340 (toll free, out-of-State) (800) 524-3232 ext. 2340 (toll free, in State) Copyright 2011 Commonwealth of Pennsylvania Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of the Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania 17055-3198. 3077 CONTENTS THE COURTS ENVIRONMENTAL QUALITY BOARD Rules and Regulations DISCIPLINARY BOARD OF THE SUPREME COURT Incidental coal extraction, bonding, enforcement, Notice of disbarment ............................ 3083 sediment control and remining financial guaran- LOCAL COURT RULES tees .......................................... 3084 Somerset County EXECUTIVE BOARD Consolidated rules of court; no. 22 misc. 2011 ..... 3083 Statements of Policy Reorganization of the: Department of Agriculture ..................... 3100 EXECUTIVE AGENCIES Department of Revenue ........................ 3100 DEPARTMENT OF BANKING FISH AND BOAT COMMISSION Notices Notices Actions on applications (2 documents) ............ 3103 Approved courses of instruction in boating safety Maximum lawful rate of interest for residential education ..................................... 3165 mortgages for the month of July 2011 .......... 3105 INDEPENDENT REGULATORY REVIEW DEPARTMENT OF EDUCATION COMMISSION Notices Notices Application of Trinity International University for Notice of comments issued ....................... 3165 approval to offer a degree and certificate pro- INSURANCE DEPARTMENT gram ......................................... 3106 Notices DEPARTMENT OF ENVIRONMENTAL PROTECTION Liberty Mutual Fire Insurance Company; The First Notices Liberty Insurance Corporation; personal home- Applications, actions and special notices .......... 3106 owners; rate revisions ......................... 3165 Bid opportunity ................................. 3155 Mutual of Omaha Insurance Company; requested Climate Change Advisory Committee subcommittee aggregate 32.7% rate increase filing for several meetings ...................................... 3155 long-term care policies ......................... 3166 Nutrient Credit Trading Program action .......... 3155 The Travelers Home and Marine Insurance Com- DEPARTMENT OF HEALTH pany; private passenger automobile; rate and rule Notices revisions ...................................... 3166 Availability of Draft Preventive Health and Health LEGISLATIVE REFERENCE BUREAU Services Block Grant application for federal fiscal Notices year 2012 ..................................... 3156 Documents filed but not published ............... 3166 Emergency Medical Services Operating Fund fund- ing priorities .................................. 3156 LIQUOR CONTROL BOARD Human Immunodeficiency Virus (HIV) Community Notices Prevention Planning Committee public meet- ings .......................................... 3160 Licensing agreements; wine kiosks ............... 3166 Human Immunodeficiency Virus (HIV) Integrated PENNSYLVANIA PUBLIC UTILITY COMMISSION Council public meeting ........................ 3160 Preventive Health and Health Services Block Grant Notices Advisory Committee meeting ................... 3161 Service of notice of motor carrier applications ..... 3167 DEPARTMENT OF LABOR AND INDUSTRY STATE BOARD OF NURSING Rules and Regulations Notices Responsibilities of employers ..................... 3094 Automatic suspension of the license to practice professional nursing of: DEPARTMENT OF PUBLIC WELFARE Lori Ann Boggs, R.N.; doc. no. 2391-51-2010; Notices file no. 2008-51-06757 ..................... 3170 Disproportionate share and supplemental hospital Lauren Grace Pierce, R.N.; doc. no. 0203-51- payments ..................................... 3161 2011; file no. 2011-51-00759 ................ 3170 DEPARTMENT OF REVENUE STATE EMPLOYEES’ RETIREMENT BOARD Notices Notices Pennsylvania Mini Multiplier instant lottery game. 3162 Hearings scheduled .............................. 3170 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 41, NO. 25, JUNE 18, 2011 3078 READER’S GUIDE TO THE PENNSYLVANIA BULLETIN AND PENNSYLVANIA CODE Pennsylvania Bulletin Bulletin before it can take effect. If the agency The Pennsylvania Bulletin is the official gazette of wishes to adopt changes to the Notice of Proposed the Commonwealth of Pennsylvania. It is published Rulemaking to enlarge the scope, they must re- every week and includes a table of contents. A propose. cumulative subject matter index is published quar- Citation to the Pennsylvania Bulletin terly. Cite material in the Pennsylvania Bulletin by The Pennsylvania Bulletin serves several pur- volume number and page number. Example: Volume poses. First, it is the temporary supplement to the 1, Pennsylvania Bulletin, page 801 (short form: 1 Pennsylvania Code, which is the official codification Pa.B. 801). of agency rules and regulations and other statuto- Pennsylvania Code rily authorized documents. Changes in the codified text, whether by adoption, amendment, repeal or The Pennsylvania Code is the official codification emergency action must be published in the Pennsyl- of rules and regulations issued by Commonwealth vania Bulletin. Further, agencies proposing changes agencies and other statutorily authorized docu- to the codified text do so in the Pennsylvania ments. The Pennsylvania Bulletin is the temporary Bulletin. supplement to the Pennsylvania Code, printing changes as soon as they occur. These changes are Second, the Pennsylvania Bulletin also publishes: then permanently codified by the Pennsylvania Governor’s Executive Orders; State Contract No- Code Reporter, a monthly, loose-leaf supplement. tices; Summaries of Enacted Statutes; Statewide The Pennsylvania Code is cited by title number and Local Court Rules; Attorney General Opinions; and section number. Example: Title 10 Pennsylva- Motor Carrier Applications before the Public Utility nia Code, § 1.1 (short form: 10 Pa.Code § 1.1). Commission; Applications and Actions before the Department of Environmental Protection; Orders of Under the Pennsylvania Code codification system, the Independent Regulatory Review Commission; each regulation is assigned a unique number by and other documents authorized by law. title and section. Titles roughly parallel the organi- zation of Commonwealth government. Title 1 Penn- The text of certain documents published in the sylvania Code lists every agency and its correspond- Pennsylvania Bulletin is the only valid and enforce- ing Code title location. able text. Courts are required to take judicial notice of the Pennsylvania Bulletin. How to Find Documents Adoption, Amendment or Repeal of Search for your area of interest in the Pennsylva- Regulations nia Code. Generally an agency wishing to adopt, amend or The Pennsylvania Code contains, as Finding Aids, repeal regulations must first publish in the Pennsyl- subject indexes for the complete Code and for each vania Bulletin a Notice of Proposed Rulemaking. individual title, a list of Statutes Used As Authority There are limited instances where the agency may for Adopting Rules and a list of annotated cases. omit the proposal step; they still must publish the Source Notes give you the history of the documents. adopted version. To see if there have been recent changes, not yet codified, check the List of Pennsylvania Code Chap- The Notice of Proposed Rulemaking contains the ters Affected in the most recent issue of the Penn- full text of the change, the agency contact person, a sylvania Bulletin. fiscal note required by law and background for the The Pennsylvania Bulletin also publishes a quar- action. terly List of Pennsylvania Code Sections Affected The agency then allows sufficient time for public which lists the regulations in numerical order, comment