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September 7, 2013 (Pages 5385-5438) Pennsylvania Bulletin Volume 43 (2013) Repository 9-7-2013 September 7, 2013 (Pages 5385-5438) Pennsylvania Legislative Reference Bureau Follow this and additional works at: https://digitalcommons.law.villanova.edu/pabulletin_2013 Recommended Citation Pennsylvania Legislative Reference Bureau, "September 7, 2013 (Pages 5385-5438)" (2013). Volume 43 (2013). 36. https://digitalcommons.law.villanova.edu/pabulletin_2013/36 This September 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 43 (2013) by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. Volume 43 Number 36 Saturday, September 7, 2013 • Harrisburg, PA Pages 5385—5438 Agencies in this issue The Courts Department of Banking and Securities Department of Environmental Protection Department of Health Department of Labor and Industry Department of Transportation Independent Regulatory Review Commission Pennsylvania Public Utility Commission Philadelphia Parking Authority State Board of Nursing Detailed list of contents appears inside. Latest Pennsylvania Code Reporters (Master Transmittal Sheets): No. 466, September 2013 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 ௠ 2013 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. 5387 CONTENTS THE COURTS DEPARTMENT OF TRANSPORTATION Notices APPELLATE PROCEDURE Order amending Rule 3121 of the Rules of Appellate Committee meetings ..............................5435 Procedure; no. 235 appellate procedural rules INDEPENDENT REGULATORY REVIEW doc. ............................................5394 COMMISSION Proposed amendments to Pa.R.A.P. 1972 and 2542 . 5393 Notices LOCAL COURT RULES Action taken by the Commission ...................5435 Butler County Notice of filing of final rulemakings ................5436 Local rules of court; MsD 13-40206 ................5395 PENNSYLVANIA PUBLIC UTILITY COMMISSION Notices EXECUTIVE AGENCIES Service of notice of motor carrier applications.......5436 DEPARTMENT OF BANKING AND SECURITIES PHILADELPHIA PARKING AUTHORITY Notices Notices Actions on applications............................5396 Meeting ..........................................5436 DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE BOARD OF NURSING Notices Applications, actions and special notices............5397 Notices Bid opportunity (2 documents) ............... 5433, 5434 Bureau of Professional and Occupational Affairs v. Abner Roberts, IV, LPN; doc. no. 0280-51- DEPARTMENT OF HEALTH 2013 ...........................................5437 Notices Commonwealth of Pennsylvania, Bureau of Profes- Long-term care nursing facilities; request for excep- sional and Occupational Affairs vs. Andrew F. tion ............................................5434 Tindor, LPN, respondent; file no. 10-51-11009; DEPARTMENT OF LABOR AND INDUSTRY doc. no. 1215-51-11..............................5437 Notices Suspension of the license to practice professional Current Prevailing Wage Act debarments (2 docu- nursing of Vanessa Ann Rhodes, LPN; doc. no. ments) .........................................5434 0167-51-13; file no. 12-51-01281 .................5437 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 43, NO. 36, SEPTEMBER 7, 2013 5388 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 to take judicial notice How to Find Documents of the Pennsylvania Bulletin. Search for your area of interest in the Pennsylva- Adoption, Amendment or Repeal of nia Code. The Pennsylvania Code is available at Regulations www.pacode.com. Generally an agency wishing to adopt, amend or Source Notes give you the history of the docu- repeal regulations must first publish in the Pennsyl- ments. To see if there have been recent changes, not vania Bulletin a Notice of Proposed Rulemaking. yet codified, check the List of Pennsylvania Code There are limited instances when the agency may Chapters Affected in the most recent issue of the omit the proposal step; it still must publish the Pennsylvania Bulletin. adopted version. A chronological table of the history of Pennsylva- The Notice of Proposed Rulemaking contains the nia Code sections may be found at www.legis.state. full text of the change, the agency contact person, a pa.us. 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 before taking final action. An adopted followed by the citation to the Pennsylvania Bulle- proposal must be published in the Pennsylvania tin in which the change occurred. The Pennsylvania Bulletin before it can take effect. If the agency Bulletin is available at www.pabulletin.com. SUBSCRIPTION INFORMATION: (717) 766-0211 GENERAL INFORMATION AND FINDING AIDS: (717) 783-1530 PENNSYLVANIA BULLETIN, VOL. 43, NO. 36, SEPTEMBER 7, 2013 5389 Printing Format Material proposed to be added to an existing rule or regulation is printed in bold face and material proposed to be deleted from such a rule or regulation is enclosed in brackets []and printed in bold face. Asterisks indicate ellipsis of Pennsylvania Code text retained without change. Proposed new or additional regulations are printed in ordinary style face. Fiscal Notes Section 612 of The Administrative Code of 1929 (71 P. S. § 232) requires that the Office of Budget prepare a fiscal note for regulatory actions and administrative procedures of the administrative departments, boards, commissions or authorities receiving money from the State Treasury stating whether the proposed action or procedure causes a loss of revenue or an increase in the
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