Saturday, December 6, 2008• Harrisburg, PA
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Pennsylvania Bulletin Volume 38 (2008) Repository 12-6-2008 December 6, 2008 (Pages 6587-6676) Pennsylvania Legislative Reference Bureau Follow this and additional works at: https://digitalcommons.law.villanova.edu/pabulletin_2008 Recommended Citation Pennsylvania Legislative Reference Bureau, "December 6, 2008 (Pages 6587-6676)" (2008). Volume 38 (2008). 49. https://digitalcommons.law.villanova.edu/pabulletin_2008/49 This December is brought to you for free and open access by the Pennsylvania Bulletin Repository at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Volume 38 (2008) by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. Volume 38 Number 49 Saturday, December 6, 2008 • Harrisburg, PA Pages 6587—6676 Agencies in this issue The Courts Department of Agriculture Department of Banking Department of Environmental Protection Department of Health Department of Labor and Industry Department of Revenue Department of Transportation Environmental Hearing Board Executive Board Fish and Boat Commission Game Commission Independent Regulatory Review Commission Insurance Department Milk Marketing Board Pennsylvania Public Utility Commission Philadelphia Regional Port Authority Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER Latest Pennsylvania Code Reporter (Master Transmittal Sheet): No. 409, December 2008 published weekly by Fry Communications, Inc. for the PENNSYLVANIA BULLETIN Commonwealth of Pennsylvania, Legislative Reference Bu- 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- Postmaster send address changes to: burg, Pennsylvania. FRY COMMUNICATIONS Orders for subscriptions and other circulation matters Attn: Pennsylvania Bulletin should be sent to: 800 W. Church Rd. 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Church Road, Mechanicsburg, Pennsylvania 17055-3198. 6589 CONTENTS THE COURTS DEPARTMENT OF TRANSPORTATION Notices DISCIPLINARY BOARD OF THE SUPREME COURT Draft public participation plan for Statewide Notice of suspension ..............................6604 planning .......................................6667 JUVENILE RULES ENVIRONMENTAL HEARING BOARD Adopted modifications of rules 120, 160, 166, 220, 232, 330, 362, 408, 409 and 515 .................6598 Notices Clarkes Summit-South Abington Joint Sewer Au- LOCAL COURT RULES thority v. DEP; EHB doc. no. 2008-324-MG; 10- Pike County 17-08 Amendment to criminal local rule 571; civil division; NPDES permit; no. PA-0028576 .................6667 doc. no. 2187-2008 ..............................6601 EXECUTIVE BOARD RULES OF CIVIL PROCEDURE Statements of Policy Order amending rules 1915.1 and 1915.2, the notes Reorganization of the Office of Administration ......6622 to 1915.3, 1915.5, 1915.6 and 1915.12 and the explanatory comment to 1915.15; civil procedural FISH AND BOAT COMMISSION rules; no. 503; doc. no. 5 ........................6596 Rules and Regulations General provisions; boating........................6614 Proposed Rulemaking EXECUTIVE AGENCIES Fishing ..........................................6617 DEPARTMENT OF AGRICULTURE GAME COMMISSION Notices Rules and Regulations Partial revocation of plum pox virus quarantine ....6624 Corrective amendment to 58 Pa. Code § 139.17 .....6615 Year 2009 Dog Control Facility Bill Reimbursement INDEPENDENT REGULATORY REVIEW Grant Program .................................6624 COMMISSION DEPARTMENT OF BANKING Notices Notices Action taken by the Commission ...................6668 Actions on applications............................6627 Notice of comments issued ........................6668 DEPARTMENT OF ENVIRONMENTAL PROTECTION INSURANCE DEPARTMENT Notices Notices Applications, actions and special notices............6628 Application for approval of the recapitalization of a domestic stock property insurance company ......6669 DEPARTMENT OF HEALTH Application and request for a certificate of authority Notices to provide a continuing care retirement commu- Amendments to charges for medical records ........6660 nity by Birchwood SNF, LLC ....................6669 Long-term care nursing facilities; request for excep- Pennsylvania National Mutual Casualty Insurance tion ............................................6661 Company; homeowners program; rate filing.......6670 Rescheduling of Health Policy Board meeting.......6661 Qualified unlicensed reinsurers list ................6670 DEPARTMENT OF LABOR AND INDUSTRY MILK MARKETING BOARD Rules and Regulations Notices Hearing and presubmission schedule; milk market- Registration of sign language interpreters and ing area no. 6 ..................................6671 transliterators ..................................6605 PENNSYLVANIA PUBLIC UTILITY COMMISSION DEPARTMENT OF REVENUE Notices Notices Service of notice of motor carrier applications.......6672 Pennsylvania Deluxe Winner Take All ’08 instant Tentative order ...................................6673 lottery game....................................6662 Pennsylvania Triple Cash instant lottery game .....6664 PHILADELPHIA REGIONAL PORT AUTHORITY Realty Transfer Tax revised; 2007 common level Notices ratio real estate valuation factors ................6667 Request for bids ..................................6675 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 38, NO. 49, DECEMBER 6, 2008 6590 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. 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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