Volume 35 Number 32 Saturday, August 6, 2005 • Harrisburg, PA

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Volume 35 Number 32 Saturday, August 6, 2005 • Harrisburg, PA Volume 35 Number 32 Saturday, August 6, 2005 • Harrisburg, PA Pages 4291—4552 See Part II page 4543 for the Part I Pennsylvania Gaming Control Board’s Agencies in this issue: Temporary Regulations The Courts Coal and Clay Mine Subsidence Insurance Board Department of Agriculture Department of Banking Department of Environmental Protection Department of General Services Department of Health Department of Public Welfare Department of Revenue Department of Transportation Governor’s Office Independent Regulatory Review Commission Insurance Department Liquor Control Board Pennsylvania Gaming Control Board Pennsylvania Infrastructure Investment Authority Pennsylvania Public Utility Commission Philadelphia Regional Port Authority State Conservation Commission Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER Latest Pennsylvania Code Reporter (Master Transmittal Sheet): No. 369, August 2005 published weekly by Fry Communications, Inc. for the PENNSYLVANIA BULLETIN Commonwealth of Pennsylvania, Legislative Reference Bu- reau, 647 Main Capitol Building, State & Third Streets, (ISSN 0162-2137) Harrisburg, Pa. 17120, 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 publication and effectiveness of Com- monwealth Documents). Subscription rate $82.00 per year, postpaid to points in the United States. Individual copies $2.50. Checks for subscriptions and individual copies should be made payable to ‘‘Fry Communications, Inc.’’ Postmaster send address changes to: Periodicals postage paid at Harrisburg, Pennsylvania. FRY COMMUNICATIONS Orders for subscriptions and other circulation matters Attn: Pennsylvania Bulletin should be sent to: 800 W. Church Rd. Fry Communications, Inc. Mechanicsburg, Pennsylvania 17055-3198 Attn: Pennsylvania Bulletin (717) 766-0211 ext. 2340 800 W. Church Rd. (800) 334-1429 ext. 2340 (toll free, out-of-State) Mechanicsburg, PA 17055-3198 (800) 524-3232 ext. 2340 (toll free, in State) Copyright ௠ 2005 Commonwealth of Pennsylvania ISBN 0-8182-0004-9 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. 4293 CONTENTS THE COURTS DEPARTMENT OF HEALTH Notices JUDICIAL SYSTEM GENERAL PROVISIONS Approved drugs for ALS ambulance services ........4373 Amendments to the Pennsylvania rules of profes- Organ Donation Advisory Committee meeting ......4374 sional conduct relating to disclosure of malprac- Prehospital practitioner scope of practice ...........4374 tice insurance ..................................4300 Requests for exception; long-term care nursing facil- Amendments to rules of organization and procedure ities............................................4378 of The Disciplinary Board of the Supreme Court DEPARTMENT OF PUBLIC WELFARE of Pennsylvania; order no. 62; doc. nos. R-139, R-140, R-143 and R-148 .........................4301 Rules and Regulations Revisions to pharmaceutical services payment meth- MINOR COURT CIVIL RULES ods, general assistance pharmacy benefits, pay- Proposed amendment to rule 112 of the rules of ment levels and rate setting notification..........4309 conduct, office standards and civil procedure for DEPARTMENT OF REVENUE magisterial district judges .......................4306 Notices Pennsylvania Quick Silver instant lottery game.....4379 EXECUTIVE AGENCIES Pennsylvania Ruby Red 7s instant lottery game ....4381 DEPARTMENT OF TRANSPORTATION COAL AND CLAY MINE SUBSIDENCE INSURANCE Notices BOARD Application for lease of right-of-way................4383 Rules and Regulations GOVERNOR’S OFFICE Corrective amendment to 25 Pa. Code § 401.13 .....4309 Notices DEPARTMENT OF AGRICULTURE Catalog of nonregulatory documents ...............4383 Notices INDEPENDENT REGULATORY REVIEW Temporary order designating dangerous transmis- COMMISSION sible disease....................................4319 Notices Notice of comments issued ........................4502 DEPARTMENT OF BANKING Notice of filing of final rulemakings ................4507 Notices INSURANCE DEPARTMENT Action on applications ............................4319 Notices DEPARTMENT OF ENVIRONMENTAL PROTECTION D & E Properties; prehearing ......................4507 Pennsylvania 2004 private passenger automobile Notices data call; rate filing.............................4507 Applications, actions and special notices............4320 Review procedure hearings; cancellation or refusal Availability of technical guidance ..................4367 of insurance ....................................4508 Clean Water State Revolving Fund; Federal FY Review procedure hearings under the Unfair Insur- 2004 and 2005 project priority list ...............4509 ance Practices Act ..............................4508 Drinking Water State Revolving Fund; Federal FY LIQUOR CONTROL BOARD 2004 and 2005 project priority list ...............4510 Incentives available under EPA’s National Environ- Notices mental Performance Track Program..............4367 Expiration of leases ...............................4509 Proposed modifications to Chapter 105 general per- PENNSYLVANIA GAMING CONTROL BOARD mit BWM-GP-11 and reissuance of 401 water Temporary Regulations quality certification for the maintenance, testing, Temporary regulations ............................4543 repair, rehabilitation or replacement of existing water obstructions and encroachments ...........4368 PENNSYLVANIA INFRASTRUCTURE INVESTMENT Small Systems Technical Assistance Center Advi- AUTHORITY sory Board .....................................4373 Notices DEPARTMENT OF GENERAL SERVICES Clean Water State Revolving Fund; Federal FY 2004 and 2005 project priority list ...............4509 Notices Drinking Water State Revolving Fund; Federal FY State contracts information........................4537 2004 and 2005 project priority list ...............4510 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 35, NO. 32, AUGUST 6, 2005 4294 PENNSYLVANIA PUBLIC UTILITY COMMISSION STATE CONSERVATION COMMISSION Notices Notices Default orders (2 documents) ................ 4511, 4524 Dirt and gravel roads pollution prevention mainte- Service of notice of motor carrier applications.......4535 nance program notice of appointment ............4536 PHILADELPHIA REGIONAL PORT AUTHORITY Notices Request for bids .................................4535 PENNSYLVANIA BULLETIN, VOL. 35, NO. 32, AUGUST 6, 2005 4295 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 and Local Court Rules; Attorney General Opinions; The Pennsylvania Code is cited by title number Motor Carrier Applications before the Public Utility and section number. Example: Title 10 Pennsylva- Commission; Applications and Actions before the nia Code, § 1.1 (short form: 10 Pa.Code § 1.1). 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. The Pennsylvania Code contains, as Finding Aids, Generally an agency wishing to adopt, amend or subject indexes for the complete Code and for each repeal regulations must first publish in the Pennsyl- individual title, a list of Statutes Used As Authority vania Bulletin
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