Volume 36 Number 10 Saturday, March 11, 2006 • Harrisburg, PA Pages 1115—1204
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Volume 36 Number 10 Saturday, March 11, 2006 • Harrisburg, PA Pages 1115—1204 Agencies in this issue: The General Assembly Department of Agriculture Department of Banking Department of Conservation and Natural Resources Department of Environmental Protection Department of General Services Department of Health Department of Labor and Industry Department of Revenue Department of Transportation Environmental Quality Board Fish and Boat Commission Independent Regulatory Review Commission Liquor Control Board Pennsylvania Public Utility Commission Philadelphia Regional Port Authority Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER Latest Pennsylvania Code Reporter (Master Transmittal Sheet): No. 376, March 2006 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. 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Church Road, Mechanicsburg, Pennsylvania 17055-3198. 1117 CONTENTS THE GENERAL ASSEMBLY DEPARTMENT OF LABOR AND INDUSTRY Recent actions during the 2006 regular session of Notices the General Assembly .......................... 1122 Public comment on Federal Fiscal Year 2007 Com- bined Agency State Plan attachments ............ 1190 DEPARTMENT OF REVENUE EXECUTIVE AGENCIES Statements of Policy DEPARTMENT OF AGRICULTURE Allowance of deduction for cost depletion and per- centage depletion (correction) .................... 1130 Notices Building maintenance or building cleaning services . 1130 Referendum on continuation of the Pennsylvania Potato Research Program ....................... 1132 DEPARTMENT OF TRANSPORTATION DEPARTMENT OF BANKING Rules and Regulations Notices Occupational limited license ....................... 1128 Action on applications ............................ 1132 ENVIRONMENTAL QUALITY BOARD DEPARTMENT OF CONSERVATION AND NATURAL Notices RESOURCES Environmental Quality Board meeting cancellation . 1192 Notices FISH AND BOAT COMMISSION Conservation and Natural Resources Advisory Rules and Regulations Council meeting ................................ 1133 Fishing .......................................... 1126 DEPARTMENT OF ENVIRONMENTAL PROTECTION General fishing regulations (2 documents) .......... 1124 Notices Notices Applications, actions and special notices............ 1134 Permits for the use of cast nets or throw nets; Lake Environmental laboratory accreditation proficiency Arthur, Butler County; Raystown Lake, test study requirements ......................... 1181 Huntingdon County; Shenango Lake, Mercer Grant applications under the Solid Waste-Resource County ......................................... 1192 Recovery Development Act ...................... 1186 INDEPENDENT REGULATORY REVIEW Oil and Gas Technical Advisory Board meeting COMMISSION cancellation .................................... 1187 Proposed general plan approval and general operat- Notices ing permit for dry abrasive blasting operations Notice of filing of final rulemakings ................ 1193 (BAQ-GPA/GP-19)............................... 1187 LIQUOR CONTROL BOARD DEPARTMENT OF GENERAL SERVICES Notices Notices Expiration of leases ............................... 1193 State contracts information........................1200 PENNSYLVANIA PUBLIC UTILITY COMMISSION DEPARTMENT OF HEALTH Notices Notices Acquisition of stock ............................... 1194 Service of notice of motor carrier applications....... 1194 Metabolic Screening Technical Advisory Committee Water service (4 documents) ..................1197, 1198 meeting ........................................ 1189 Patient Safety Trust Fund surcharge for Fiscal Year PHILADELPHIA REGIONAL PORT AUTHORITY 2005-2006 under the Medical Care Availability Notices and Reduction of Error (MCARE) Act ............ 1189 Request for bids (3 documents) ...............1198, 1199 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 36, NO. 10, MARCH 11, 2006 1118 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 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. The Pennsylvania Code contains, as Finding Aids, Generally an agency wishing to adopt, amend or subject indexes for the complete Code and for each repeal regulations must first publish in the Pennsyl- individual title, a list of Statutes Used As Authority vania Bulletin a Notice of Proposed Rulemaking. for Adopting Rules and a list of annotated cases. There are limited instances where the agency may Source Notes give you the history of the documents. omit the proposal step; they still must publish the To see if there have been recent changes, not yet adopted version. 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. 36, NO. 10, MARCH 11, 2006 1119 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