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Volume 37 Number 23 Saturday, June 9, 2007 • Harrisburg, PA Pages 2593—2670 Agencies in this issue The General Assembly The Courts Bureau of Professional and Occupational Affairs Department of Banking Department of Education Department of Environmental Protection Department of Health Department of Transportation Environmental Hearing Board Fish and Boat Commission Independent Regulatory Review Commission Insurance Department Pennsylvania Public Utility Commission State Board of Nursing State Board of Vehicle Manufacturers, Dealers and Salespersons State Conservation Commission State Real Estate Commission Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER Latest Pennsylvania Code Reporter (Master Transmittal Sheet): No. 391, June 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. 2595 CONTENTS THE GENERAL ASSEMBLY DEPARTMENT OF TRANSPORTATION Recent actions during the 2007 regular session of Notices the General Assembly ...........................2601 Contemplated sale of land no longer needed for transportation purposes ........................2665 ENVIRONMENTAL HEARING BOARD THE COURTS Notices JUDICIAL SYSTEM GENERAL PROVISIONS Flexsys America, LP v. DEP; EHB doc. no. 2007- Amendment of rule 402 of the Pennsylvania rules of 130-C ..........................................2666 disciplinary enforcement; no. 59 disciplinary FISH AND BOAT COMMISSION rules; doc. no. 1.................................2602 Notices RULES OF CIVIL PROCEDURE Proposed addition to list of class A wild trout Order amending rules 1915.8 and 1915.18; no. 476 waters .........................................2666 civil procedural rules; doc. no. 5 .................2602 Proposed special regulation redesignations .........2667 INDEPENDENT REGULATORY REVIEW COMMISSION EXECUTIVE AGENCIES Notices BUREAU OF PROFESSIONAL AND Notice of filing of final rulemakings ................2667 OCCUPATIONAL AFFAIRS INSURANCE DEPARTMENT Statements of Policy Notices Schedule of civil penalties—veterinarians and vet- Keystone Health Plan West, Inc. filing no. 1A-CHK- erinary technicians .............................2608 07-KHWP; forms and rates for new direct pay DEPARTMENT OF BANKING conversion HMO for Kids Plan; rate filing ........2667 Notices Surplus lines agents and interested parties; export list of insurance coverages ......................2668 Action on applications.............................2612 PENNSYLVANIA PUBLIC UTILITY COMMISSION DEPARTMENT OF EDUCATION Notices Notices Service of notice of motor carrier applications.......2668 Application of Joseph Oaster for reinstatement of Transfer of ownership .............................2669 teaching certificate; doc. no. re 07-02.............2614 Water service .....................................2669 DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE BOARD OF NURSING Notices Notices Applications, actions and special notices............2614 Bureau of Professional and Occupational Affairs v. Draft assessment and listing methodology; notice of Angie Rambo, LPN; doc. no. 1304-51-2006 ........2670 availability for public comment ................. 2663 Request for bids (2 documents) ....................2664 STATE BOARD OF VEHICLE MANUFACTURERS, DEPARTMENT OF HEALTH DEALERS AND SALESPERSONS Notices Rules and Regulations Application for exception: Biennial renewal fees .............................2606 Riverview Ambulatory Surgical Center, LLC ......2664 STATE CONSERVATION COMMISSION Roxborough Memorial Hospital ..................2664 Statements of Policy Draft Title V Block Grant Program; 2006 report and Nutrient management rules and regulations........2609 2008 application; public comment period .........2665 Pennsylvania’s Pregnancy Risk Assessment Moni- STATE REAL ESTATE COMMISSION toring System Steering Committee meeting.......2665 Notices Tobacco Use Prevention and Cessation Advisory Bureau of Professional and Occupational Affairs v. Committee; public meeting ......................2665 Robert C. Lee; doc. no. 0780-56-07 ...............2670 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 37, NO. 23, JUNE 9, 2007 2596 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 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. SUBSCRIPTION INFORMATION: (717) 766-0211 GENERAL INFORMATION AND FINDING AIDS: (717) 783-1530 PENNSYLVANIA BULLETIN, VOL. 37, NO. 23, JUNE 9, 2007 2597 Printing Format