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Volume 33 Number 24 Saturday, June 14, 2003 • Harrisburg, Pa. Pages 2737—2848 Agencies in this issue: The Courts Department of Agriculture Department of Banking Department of Community and Economic Development Department of Conservation and Natural Resources Department of Environmental Protection Department of General Services Department of Health Department of Revenue Department of Transportation Environmental Hearing Board Fish and Boat Commission Game Commission Independent Regulatory Review Commission Insurance Department Pennsylvania Public Utility Commission Public School Employees’ Retirement Board State Board of Education Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER Latest Pennsylvania Code Reporter (Master Transmittal Sheet): No. 343, June 2003 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. Orders for subscriptions and other circulation matters FRY COMMUNICATIONS should be sent to: Attn: Pennsylvania Bulletin 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 2003 Commonwealth of Pennsylvania ISBN 0-8182-0004-9 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. 2739 CONTENTS THE COURTS DEPARTMENT OF HEALTH Notices PHILADELPHIA RULES Health Research Advisory Committee meeting ......2824 Philadelphia County Pennsylvania Cancer Control Prevention and Re- Amendment of Philadelphia Orphans’ Court rule search Advisory Board meeting ..................2824 6.9.D; president judge general court regulation no. Request for exception; long-term care nursing facil- 2003-04 ........................................2745 ities............................................2824 Procedure concerning arrest warrants, arraignment, Traumatic Brain Injury Advisory Board meeting ....2825 providing court-appointed counsel, and sentencing defendants who fail to plead to traffic citations or DEPARTMENT OF REVENUE pay outstanding fees, fines and costs; president Rules and Regulations judge general court regulation no. 2003-01 .......2745 Corrective amendment to 61 Pa. Code § 34.4(b)(5) . 2756 DEPARTMENT OF TRANSPORTATION Notices EXECUTIVE AGENCIES Application for lease of right-of-way................2825 DEPARTMENT OF AGRICULTURE Contemplated sale of land no longer needed for transportation purposes (2 documents) ...........2825 Notices Disadvantaged business enterprise participation in Pennsylvania agricultural product promotion match- Federal Aviation Administration funded contracts . 2825 ing grant program; 2003-2004 application period. 2765 Disadvantaged business enterprise participation DEPARTMENT OF BANKING in Federal Highway Administration funded con- Notices tracts ..........................................2827 Disadvantaged business enterprise participation in Action on applications.............................2765 Federal Transit Administration funded contracts. 2828 DEPARTMENT OF COMMUNITY AND ECONOMIC Finding ..........................................2829 DEVELOPMENT ENVIRONMENTAL HEARING BOARD Notices Notices Weatherization assistance program public hearing . 2767 Roaring Spring Area Citizens Coalition v. DEP and DEPARTMENT OF CONSERVATION AND NATURAL New Enterprise Stone & Lime Company, Inc., RESOURCES permittee; EHB doc. no. 2003-121-C..............2829 Notices FISH AND BOAT COMMISSION Conservation and Natural Resources Advisory Proposed Rulemaking Council meeting ................................2768 Injurious nonnative species........................2762 Pigeon Creek, Stony Run and Schuylkill River Seasons, sizes and creel limits; general and special Watersheds Conservation Plan...................2768 fishing; fishing in Lake Erie and boundary lakes. 2757 DEPARTMENT OF ENVIRONMENTAL PROTECTION Wild brook trout enhancement.....................2760 Notices Notices Applications, actions and special notices............2768 Proposed special regulation; designations and Availability of technical guidance ..................2823 redesignations ..................................2829 Mining and Reclamation Advisory Board; Orphan Reopening of Upper Hereford Manor Lake, Beaver Mine Task Force meeting cancellation............2823 County .........................................2831 Pennsylvania Bituminous Mine Safety Advisory Triploid grass carp permit applications .............2831 Committee meeting cancellation .................2823 GAME COMMISSION Small Water Systems Technical Assistance Center special meeting .................................2824 Rules and Regulations Deer management assistance program .............2754 DEPARTMENT OF GENERAL SERVICES Hunting and trapping.............................2749 Notices Hunting and trapping; hunting and furtaking li- State contracts information........................2844 censes..........................................2753 Hunting and trapping; rimfire rifle ................2751 Hunting and trapping; shooting hours..............2752 Lands and buildings; special permits...............2748 Proposed Rulemaking Lands and buildings ..............................2763 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 33, NO. 24, JUNE 14, 2003 2740 INDEPENDENT REGULATORY REVIEW PENNSYLVANIA PUBLIC UTILITY COMMISSION COMMISSION Notices Notices Natural gas service ...............................2835 Actions taken by the Commission ..................2831 Railroad..........................................2835 Notice of comments issued ........................2832 Service of notice of motor carrier applications.......2835 Telecommunications (6 documents) ........... 2836, 2837 INSURANCE DEPARTMENT Water service .....................................2837 Notices PUBLIC SCHOOL EMPLOYEES’ RETIREMENT Dalai, Incorporated; prehearing ....................2833 HealthAmerica; northwestern service area; rate fil- BOARD ing.............................................2834 Notices Review procedure hearings; cancellation or refusal Hearings scheduled ...............................2838 of insurance ....................................2834 Review procedure hearings under the Unfair Insur- STATE BOARD OF EDUCATION ance Practices Act ..............................2835 Notices Approval of standards of the Department of Educa- tion necessary to comply with the No Child Left Behind Act of 2001 (2 documents).......... 2838, 2841 PENNSYLVANIA BULLETIN, VOL. 33, NO. 24, JUNE 14, 2003 2741 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 and Local Court Rules; Attorney General Opinions; The Pennsylvania Code is cited by title number Motor Carrier Applications before the Public Utility and section number. Example: Title 10 Pennsylva- Commission; Applications and Actions before the nia Code, § 1.1 (short form: 10 Pa.Code § 1.1). Department of Environmental Protection; Orders of Under the Pennsylvania Code codification system, the Independent Regulatory Review Commission; each regulation is assigned