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Volume 42 Number 17 Saturday, April 28, 2012 • Harrisburg, PA Pages 2261—2360 Agencies in this issue The Courts Delaware River Basin Commission Department of Banking Department of Conservation and Natural Resources Department of Environmental Protection Department of General Services Department of Health Department of Labor and Industry Department of Public Welfare Environmental Quality Board Fish and Boat Commission Health Care Cost Containment Council Independent Regulatory Review Commission Insurance Department Pennsylvania Public Utility Commission Philadelphia Regional Port Authority State Board of Barber Examiners State Board of Vehicle Manufacturers, Dealers and Salespersons State Conservation Commission Susquehanna River Basin Commission Detailed list of contents appears inside. Latest Pennsylvania Code Reporters (Master Transmittal Sheets): No. 449, April 2012 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 2012 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. 2263 CONTENTS THE COURTS DEPARTMENT OF LABOR AND INDUSTRY Rules and Regulations APPELLATE PROCEDURE Minimum wage; Food Employee Incentive Program . 2273 Order amending Rules 121, 903, 1113 and 1512 of the Rules of Appellate Procedure; no. 218 appel- DEPARTMENT OF PUBLIC WELFARE late procedural rules doc.........................2269 Notices LOCAL COURT RULES Additional class of disproportionate share pay- ments ..........................................2350 Beaver County Excess home equity limit for individuals applying Local rules of criminal procedure; no. 262 misc. for or receiving Medical Assistance and payment 2012 ...........................................2270 of long-term care services .......................2350 Butler County Clerk of courts’ schedule of fees and costs; misc.; ENVIRONMENTAL QUALITY BOARD administrative doc. no. 1-2012 ...................2271 Proposed Rulemaking Acceptance of rulemaking petition for study ........2275 Notices EXECUTIVE AGENCIES Meeting cancellation ..............................2351 DELAWARE RIVER BASIN COMMISSION FISH AND BOAT COMMISSION Notices Notices Meeting and public hearing .......................2276 Additions to list of Class A wild trout waters .......2351 Classification of wild trout streams; additions to the DEPARTMENT OF BANKING list.............................................2351 Notices Special regulation; designations and redesignations . 2351 Actions on applications............................2278 HEALTH CARE COST CONTAINMENT COUNCIL DEPARTMENT OF CONSERVATION AND NATURAL Notices RESOURCES Meetings scheduled ...............................2351 Notices INDEPENDENT REGULATORY REVIEW Request for bids ..................................2279 COMMISSION DEPARTMENT OF ENVIRONMENTAL PROTECTION Notices Notices Notice of filing of final rulemakings ................2352 Applications, actions and special notices............2280 INSURANCE DEPARTMENT Environmental laboratory accreditation proficiency test study requirements .........................2331 Notices Interstate pollution transport reduction; final 2012 Application for approval to acquire control of ozone season nitrogen oxide emission limits for Highmark, Inc. and its Pennsylvania domiciled nonelectric generating units .....................2345 insurance subsidiaries; conclusion of public com- Request for comments and notice of public meeting ment period ....................................2352 for the proposed total maximum daily loads Qualified annuity contractors for awarded periodic (TMDLs) developed for: medical professional liability payments...........2352 Hemlock Creek Watershed ......................2331 Review procedure hearings under the Unfair Insur- Mahantango Creek Watershed ...................2331 ance Practices Act (2 documents).................2353 DEPARTMENT OF GENERAL SERVICES PENNSYLVANIA PUBLIC UTILITY COMMISSION Notices Notices Lease office space to the Commonwealth ...........2348 Extension of the fuel cost recovery surcharge special DEPARTMENT OF HEALTH permission 28207 ...............................2353 Notices Service of notice of motor carrier applications.......2355 Applications for exception: Transfer of membership interests ..................2356 Advanced Center for Surgery, LLC ..............2348 Water service .....................................2357 Bryn Mawr Hospital ...........................2348 PHILADELPHIA REGIONAL PORT AUTHORITY Bryn Mawr Medical Specialists ..................2349 Human Immunodeficiency Virus (HIV) Community Notices Prevention Planning Committee public meet- Request for bids (2 documents) ....................2357 ings............................................2349 STATE BOARD OF BARBER EXAMINERS Human Immunodeficiency Virus (HIV) Integrated Council public meetings .........................2349 Notices Pennsylvania Cancer Control, Prevention and Re- Bureau of Professional and Occupational Affairs v. search Advisory Board meeting ..................2349 Russell Jones; doc. no. 0053-42-2012 .............2357 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 42, NO. 17, APRIL 28, 2012 2264 STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS Bureau of Professional and Occupational Affairs v. Jermaine Maurice Lewis; doc. no. 0051-60-2012; file 12-60-00065.................................2357 STATE CONSERVATION COMMISSION Notices Action on odor management plans for concentrated animal operations and concentrated animal feed- ing operations and volunteers complying with the Commonwealth’s Facility Odor Management Pro- gram...........................................2358 SUSQUEHANNA RIVER BASIN COMMISSION Notices Projects approved for consumptive uses of water ....2359 PENNSYLVANIA BULLETIN, VOL. 42, NO. 17, APRIL 28, 2012 2265 READER’S GUIDE TO THE PENNSYLVANIA BULLETIN AND PENNSYLVANIA CODE Pennsylvania Bulletin wishes to adopt changes to the Notice of Proposed The Pennsylvania Bulletin is the official gazette of Rulemaking to enlarge the scope, it must repropose. the Commonwealth of Pennsylvania. It is published Citation to the Pennsylvania Bulletin every week and includes a table of contents. A Cite material in the Pennsylvania Bulletin by cumulative subject matter index is published quar- volume number, a page number and date. Example: terly. Volume 1, Pennsylvania Bulletin, page 801, January The Pennsylvania Bulletin serves several pur- 9, 1971 (short form: 1 Pa.B. 801 (January 9, 1971)). poses. First, it is the temporary supplement to the Pennsylvania Code, which is the official codification Pennsylvania Code of agency rules and regulations and other statuto- The Pennsylvania Code is the official codification rily authorized documents. Changes in the codified of rules and regulations issued by Commonwealth text, whether by adoption, amendment, repeal or agencies and other statutorily authorized docu- emergency action must be published in the Pennsyl- ments. The Pennsylvania Bulletin is the temporary vania Bulletin. Further, agencies proposing changes supplement to the Pennsylvania Code, printing to the codified text do so in the Pennsylvania changes as soon as they occur. These changes are Bulletin. then permanently codified by the Pennsylvania Second, the Pennsylvania Bulletin also publishes: Code Reporter, a monthly, loose-leaf supplement. Governor’s Executive Orders; State Contract No- The Pennsylvania Code is cited by title number tices; Summaries of Enacted Statutes; Statewide and section number. Example: Title 10 Pennsylva- and Local Court Rules; Attorney General Opinions; nia Code, § 1.1 (short form: 10 Pa.Code § 1.1). Motor Carrier Applications before the Pennsylvania Public Utility Commission; Applications and Actions Under the Pennsylvania Code codification system, before the Department of Environmental Protection; each regulation is assigned a unique number by Orders of the Independent Regulatory Review Com- title and section. Titles roughly parallel the organi- mission; and other documents authorized by law. zation of Commonwealth government. Title 1 Penn- sylvania Code lists every agency and its correspond- The text of certain documents published in the ing Code title location. Pennsylvania Bulletin is the only valid and enforce- able text. Courts are required