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Entire Bulletin PENNSYLVANIA BULLETIN Volume 27 Number 36 Saturday, September 6, 1997 • Harrisburg, Pa. Pages 4533—4710 Part I See Part II page 4615 for the Agencies in this issue: Department of Public Welfare’s The Courts Subsidized Child Day Care Eligibility Department of Banking Requirements Department of Community and Economic Development Department of Environmental Protection See Part III page 4663 for the Department of General Services Pennsylvania Infrastructure Investment Department of Public Welfare Authority’s and Department of Environmental Department of Revenue Protection’s Clean Water State Revolving Department of Transportation Independent Regulatory Review Commission Fund Projects and page 4693 for the Drinking Insurance Department Water State Revolving Fund Projects Liquor Control Board Pennsylvania Infrastructure Investment Authority Prevailing Wage Appeals Board State Employes’ Retirement Board Turnpike Commission Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER Latest Pennsylvania Code Reporter (Master Transmittal Sheet): No. 274, September 1997 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 $80.50 per year, postpaid to points in the United States. Individual copies $2. Checks for subscriptions and individual copies should be made payable to ‘‘Fry Communications, Inc.’’ Periodicals postage paid at Harrisburg, Pennsylvania. Postmaster send address changes to: Orders for subscriptions and other circulation matters FRY COMMUNICATIONS should be sent to: Attn: Pennsylvania Bulletin Fry Communications, Inc. 800 W. Church Rd. Attn: Pennsylvania Bulletin Mechanicsburg, Pennsylvania 17055-3198 800 W. Church Rd. (717) 766-0211 ext. 340 Mechanicsburg, PA 17055-3198 (800) 334-1429 ext. 340 (toll free, out-of-State) (800) 524-3232 ext. 340 (toll free, in State) Copyright ௠ 1997 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. 4535 Contents THE COURTS DEPARTMENT OF TRANSPORTATION Statements of Policy APPELLATE PROCEDURE Determining cause to initiate examination..........4559 Amendment to note to Pa.R.A.P. 1701; no. 109; doc. no.1...........................................4543 Notices Retention of engineering firms.....................4594 CIVIL PROCEDURAL RULES Proposed Rules 1940.1—1940.10 governing volun- INDEPENDENT REGULATORY REVIEW tary mediation in divorce and custody actions; COMMISSION recommendation 47 .............................4544 Notices CRIMINAL PROCEDURE RULES Actions taken by the Commission ..................4596 Order amending Rule 149; no. 225; doc. no. 2.......4546 Notice of filing of final-form rulemakings ...........4599 Adoption of Pa.R.Crim.P. 1411; amendment of INSURANCE DEPARTMENT Pa.R.Crim.P. 1410; revision of comment to Pa.R.Crim.P. 1409; no. 226; doc. no. 2 ............4549 Notices Independence Blue Cross; non-group rate increase; filing no. 8-P-97 ................................4599 Independence Blue Cross and Pennsylvania Blue EXECUTIVE AGENCIES Shield; non-group major medical rate increase; DEPARTMENT OF BANKING filing no. 9-P-97 ................................4599 Independence Blue Cross; rate increase for Medi- Notices care supplement programs; Security 65 program: Action on applications.............................4561 Plans A, B, C and H; filing no. 10-P-97...........4600 DEPARTMENT OF COMMUNITY AND ECONOMIC QCC Insurance Company; non-group personal DEVELOPMENT choice rate increase; filing no. QCC-1-97 .........4600 Notices LIQUOR CONTROL BOARD FY 1997-98 Family Savings Account Program work- Notices shop ...........................................4561 Expiration of leases ...............................4600 DEPARTMENT OF ENVIRONMENTAL PROTECTION PENNSYLVANIA INFRASTRUCTURE INVESTMENT Notices AUTHORITY Applications, actions and special notices............4562 Notices Availability of technical guidance ..................4592 Clean Water State Revolving Fund projects; public Clean Water State Revolving Fund projects; public hearing on Federal FY 1998 and 1999 project hearing on Federal FY 1998 and 1999 project priority list and FY 1998 intended use plan and priority list and FY 1998 intended use plan and Federal Hardship Grants program for rural com- Federal Hardship Grants program for rural com- munities (Part III) ..............................4663 munities (Part III) ..............................4663 Drinking Water State Revolving Fund projects; pub- Drinking Water State Revolving Fund projects; pub- lic hearing on Federal FY 1998 and 1999 project lic hearing on Federal FY 1998 and 1999 project priority list and FY 1998 intended use plan (Part priority list and FY 1998 intended use plan (Part III) ............................................4693 III) ............................................4693 DEPARTMENT OF GENERAL SERVICES PREVAILING WAGE APPEALS BOARD Notices Notices Contract awards .................................. 4611 Hearing ..........................................4601 State contracts information........................4603 STATE EMPLOYES’ RETIREMENT BOARD DEPARTMENT OF PUBLIC WELFARE Notices Proposed Rulemaking Hearings scheduled ...............................4601 Subsidized child day care eligibility (Part II) .......4615 TURNPIKE COMMISSION DEPARTMENT OF REVENUE Notices Notices Request for bids ..................................4602 Pennsylvania Count Cashula instant lottery game . 4593 Request for proposals .............................4602 PENNSYLVANIA BULLETIN, VOL. 27, NO. 36, SEPTEMBER 6, 1997 4536 READER’S GUIDE TO THE PENNSYLVANIA BULLETIN AND PENNSYLVANIA CODE Pennsylvania Bulletin proposal must be published in the Pennsylvania The Pennsylvania Bulletin is the official gazette of Bulletin before it can take effect. If the agency the Commonwealth of Pennsylvania. It is published wishes to adopt changes to the Notice of Proposed every week and includes a table of contents. A Rulemaking to enlarge the scope, they must re- cumulative subject matter index is published quar- propose. terly. Citation to the Pennsylvania Bulletin The Pennsylvania Bulletin serves several pur- Cite material in the Pennsylvania Bulletin by poses. First, it is the temporary supplement to the volume number and page number. Example: Volume Pennsylvania Code, which is the official codification 1, Pennsylvania Bulletin, page 801 (short form: 1 of agency rules and regulations and other statuto- Pa.B. 801). rily authorized documents. Changes in the codified text, whether by adoption, amendment, repeal or Pennsylvania Code emergency action must be published in the Pennsyl- The Pennsylvania Code is the official codification vania Bulletin. Further, agencies proposing changes of rules and regulations issued by Commonwealth to the codified text do so in the Pennsylvania agencies and other statutorily authorized docu- Bulletin. ments. The Pennsylvania Bulletin is the temporary Second, the Pennsylvania Bulletin also publishes: supplement to the Pennsylvania Code, printing Governor’s Executive Orders; State Contract No- changes as soon as they occur. These changes are tices; Summaries of Enacted Statutes; Statewide then permanently codified by the Pennsylvania and Local Court Rules; Attorney General Opinions; Code Reporter, a monthly, loose-leaf supplement. Motor Carrier Applications before the Public Utility The Pennsylvania Code is cited by title number Commission; Applications and Actions before the and section number. Example: Title 10 Pennsylva- Department of Environmental Protection; Orders of nia Code, § 1.1 (short form: 10 Pa.Code § 1.1). the Independent Regulatory Review Commission; and other documents authorized by law. Under the Pennsylvania Code codification system, each regulation is assigned a unique number by The text of certain documents published in the title and section. Titles roughly parallel the organi- Pennsylvania Bulletin is the only valid and enforce- zation of Commonwealth government. Title 1 Penn- able text. Courts are required to take judicial notice sylvania Code lists every agency and its correspond- of the Pennsylvania Bulletin. ing Code title location. There are no restrictions on the republication of How to Find Documents official documents appearing in the Pennsylvania Bulletin. Search for your area of interest in the Pennsylva- nia Code. Adoption, Amendment or Repeal of Regulations The Pennsylvania Code contains, as Finding Aids, subject indexes for the complete Code and for each Generally an agency wishing to adopt, amend or individual title, a list of Statutes Used As Authority repeal regulations must first publish in the Pennsyl- for Adopting Rules and a list of annotated cases. vania Bulletin a Notice of Proposed Rulemaking. Source Notes give you the history of the documents. There are limited instances where the agency may To see if there have been recent changes, not yet omit the proposal step; they still must publish the codified, check the List of Pennsylvania Code Chap- adopted version. ters
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