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Volume 37 Number 31 Saturday, August 4, 2007 • Harrisburg, PA Pages 4161—4416 Agencies in this issue The Courts Department of Banking Department of Environmental Protection Department of Health Department of Labor and Industry Department of Transportation Environmental Hearing Board Fish and Boat Commission Governor’s Office Health Care Cost Containment Council Independent Regulatory Review Commission Insurance Department Office of Attorney General Pennsylvania Public Utility Commission State Board of Vehicle Manufacturers, Dealers and Salespersons State Employee’s Retirement Board Thaddeus Stevens College of Technology Treasury Department Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER Latest Pennsylvania Code Reporter (Master Transmittal Sheet): No. 393, August 2007 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 ௠ 2007 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. 4163 CONTENTS THE COURTS ENVIRONMENTAL HEARING BOARD Notices DISCIPLINARY BOARD OF THE SUPREME COURT East Vincent Municipal Authority v. DEP; EHB doc. Notice of suspension (2 documents) ................4180 no. 2007-182-MG ...............................4266 RULES OF CRIMINAL PROCEDURE FISH AND BOAT COMMISSION Proposed amendments to Pa.R.Crim.P. 513 .........4178 Notices Proposed rescission of current Pa.R.Crim.P. 600, Closure of five locks access area; West Brownswick new Pa.R.Crim.P. 600, amendments to Pa.R. Township, Berks County ........................4266 Crim.P. 106 and revision of the comment to 2007 addition to list of class A wild trout waters ....4266 Pa.R.Crim.P. 312................................4170 GOVERNOR’S OFFICE Notices EXECUTIVE AGENCIES Catalog of nonregulatory documents ...............4267 HEALTH CARE COST CONTAINMENT COUNCIL DEPARTMENT OF BANKING Notices Notices Mandated benefits (3 documents) ............ 4409, 4410 Actions on applications............................ 4211 INDEPENDENT REGULATORY REVIEW DEPARTMENT OF ENVIRONMENTAL PROTECTION COMMISSION Notices Notices Applications, actions and special notices............4212 Action taken by the Commission ................... 4411 Availability of technical guidance ..................4261 Citizens Advisory Council meeting change ..........4261 INSURANCE DEPARTMENT Mining and Reclamation Advisory Board; meeting Notices change .........................................4262 Progressive Direct Insurance Company; private Small Water Systems Technical Assistance Center passenger auto insurance rate revision; rate Advisory Board; meeting cancellation ............4262 filing...........................................4412 DEPARTMENT OF HEALTH OFFICE OF ATTORNEY GENERAL Proposed Rulemaking Notices Home care agencies and home care registries .......4198 Public meeting ...................................4412 Notices PENNSYLVANIA PUBLIC UTILITY COMMISSION Application for exception to 28 Pa. Code Notices § 123.25(2) .....................................4262 Service of notice of motor carrier applications.......4413 Availability of draft preventive health and health Telecommunications...............................4414 services block grant application; for Federal Fiscal STATE BOARD OF VEHICLE MANUFACTURERS, Year 2008 ......................................4262 DEALERS AND SALESPERSONS Head injury program: accreditation waiver for pro- viders of home- and community-based rehabilita- Notices tion services ....................................4263 Bureau of Professional and Occupational Affairs v. Immunization practices for children in child care Julian Eliott Scott; doc. no. 0090-60-2007.........4414 group settings ..................................4263 STATE EMPLOYEES’ RETIREMENT BOARD Infant Hearing Screening Advisory Committee Proposed Rulemaking meeting ........................................4264 Special rules of administrative practice and pro- Long-term care nursing facilities; request for excep- cedure .........................................4209 tion ............................................4265 THADDEUS STEVENS COLLEGE OF DEPARTMENT OF LABOR AND INDUSTRY TECHNOLOGY Rules and Regulations Notices General provisions ................................4181 Request for bids ..................................4415 DEPARTMENT OF TRANSPORTATION TREASURY DEPARTMENT Notices Rules and Regulations Finding ..........................................4265 Estimation calculations for determining unclaimed State Transportation Commission public hearings. 4265 property liability................................4195 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 37, NO. 31, AUGUST 4, 2007 4164 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
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