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Volume 39 Number 19 Saturday, May 9, 2009 • Harrisburg, PA Pages 2311—2424

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Volume 39 Number 19 Saturday, May 9, 2009 • Harrisburg, PA Pages 2311—2424 Volume 39 Number 19 Saturday, May 9, 2009 • Harrisburg, PA Pages 2311—2424 Agencies in this issue The Courts Department of Agriculture Department of Banking Department of Conservation and Natural Resources Department of Environmental Protection Department of Health Department of Public Welfare Department of State Environmental Quality Board Fish and Boat Commission Independent Regulatory Review Commission Insurance Department Pennsylvania Emergency Management Agency Pennsylvania Public Utility Commission Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER Latest Pennsylvania Code Reporter (Master Transmittal Sheet): No. 414, May 2009 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. 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 ௠ 2009 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. 2313 CONTENTS THE COURTS Notices Changes to an additional class of disproportionate DISCIPLINARY BOARD OF THE SUPREME COURT share payments ................................2403 Notice of suspension ..............................2333 Peer groups, peer group medians; and peer group JUDICIAL SYSTEM GENERAL PROVISIONS prices for general nursing facilities, county nurs- Order amending Pennsylvania rules of disciplinary ing facilities, hospital-based nursing facilities and enforcement 504(d); no. 76; disciplinary rules; doc. special rehabilitation facilities ...................2404 no.1 ..........................................2318 PHILADELPHIA RULES DEPARTMENT OF STATE In re: compulsory arbitration motion practice; presi- Proposed Rulemaking dent judge administrative order no. 2009-02 .....2327 Schedule of civil penalties—funeral directors and RULES OF CRIMINAL PROCEDURE funeral establishments ..........................2345 Proposed amendments to Pa.Rs.Crim.P. 646 (materi- ENVIRONMENTAL QUALITY BOARD als permitted in possession of the jury) and 647 (request for instructions, charge of the jury and Rules and Regulations preliminary instructions) .......................2324 Safe drinking water; public notification revisions . 2334 Proposed revisions of the comments to rules of FISH AND BOAT COMMISSION criminal procedure 430, 455 and 456 ............2318 Notices EXECUTIVE AGENCIES Triploid grass carp permit application ..............2419 2009 classification of wild trout streams; additions DEPARTMENT OF AGRICULTURE and adjustments to list..........................2420 Notices Biodiesel infrastructure; public hearing ............2349 INDEPENDENT REGULATORY REVIEW COMMISSION DEPARTMENT OF BANKING Notices Notices Action taken by the Commission ...................2420 Actions on applications ...........................2349 Notice of filing of final rulemakings ................2421 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES INSURANCE DEPARTMENT Notices Notices Snowmobile and ATV Advisory Committee meeting . 2350 Application for approval to acquire control of Penn- sylvania domiciled insurance subsidiaries of DEPARTMENT OF ENVIRONMENTAL PROTECTION American International Group, Inc. ..............2421 Notices Geisinger quality options individual PPO—medi- Applications, actions and special notices............2351 cally underwritten; rate filing ...................2421 Bid opportunity...................................2400 Highmark Blue Cross Blue Shield (Western region); Comment period extension and public meetings and CompleteCare Program; rate filing ...............2422 hearings: proposed revisions to general NPDES Highmark Blue Cross Blue Shield (Western region); permit for stormwater discharges from municipal medically underwritten direct pay PPO Plan and separate storm sewer systems (PAG-13) ..........2400 high deductible PPO health plan; rate filing ......2422 Solid Waste Advisory Committee; meeting cancella- Highmark Blue Shield (Central region); medi- tion notice......................................2401 cally underwritten direct pay PPO Plan; rate DEPARTMENT OF HEALTH filing...........................................2422 Notices Keystone Health Plan West; Individual Blue HMO- Application for exception: medically underwritten and guaranteed issue; Gettysburg Hospital ............................2401 rate filing ......................................2422 Magee-Womens Hospital ........................2401 Transamerica Life Insurance Company; rate St. Mary Medical Center ........................2402 increase filing for several LTC forms; rate Saint Vincent Endoscopy Center, LLC ............2402 filing...........................................2423 Spartan Health Surgicenter .....................2402 PENNSYLVANIA EMERGENCY MANAGEMENT 28 Pa. Code § 127.32 ...........................2403 AGENCY Long-term care nursing facilities; requests for Notices exception .......................................2403 Wireless E-911 State Plan; comment period.........2423 DEPARTMENT OF PUBLIC WELFARE PENNSYLVANIA PUBLIC UTILITY COMMISSION Statements of Policy Notices Personal care homes ..............................2346 Service of notice of motor carrier applications.......2424 Playground protective surface covering .............2347 Telecommunications (2 documents) .................2424 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 39, NO. 19, MAY 9, 2009 2314 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
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