Entire Bulletin
Total Page:16
File Type:pdf, Size:1020Kb
Volume 34 Number 23 Saturday, June 5, 2004 • Harrisburg, Pa. Pages 2901—2978 See Part II page 2975 Part I for the Department of Education’s Agencies in this issue: No Child Left Behind Regulations The General Assembly The Courts Department of Banking Department of Education Department of Environmental Protection Department of General Services Department of Health Independent Regulatory Review Commission Insurance Department Liquor Control Board Pennsylvania Public Utility Commission State Employees’ Retirement Board Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER Latest Pennsylvania Code Reporter (Master Transmittal Sheet): No. 355, June 2004 Commonwealth of Pennsylvania, Legislative Reference Bu- PENNSYLVANIA BULLETIN 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.’’ Periodicals postage paid at Harrisburg, Pennsylvania. Postmaster send address changes to: 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) published weekly by Fry Communications, Inc. for the Copyright 2004 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. 2903 CONTENTS THE GENERAL ASSEMBLY DEPARTMENT OF GENERAL SERVICES Recent actions during the 2004 regular session of Notices the General Assembly (2 documents) ....... 2908, 2909 State surplus property ............................2962 State contracts information........................2968 DEPARTMENT OF HEALTH THE COURTS Notices LOCAL COURT RULES Availability of draft material and Child Health Allegheny County Services Block Grant application.................2962 Rules of the Court of Common Pleas; No. 2 of 2004 INDEPENDENT REGULATORY REVIEW rules doc. ......................................2912 COMMISSION Armstrong County Notices Adoption of new local rules of court—2002; no. Notice of filing of final rulemakings ................2963 2002—0189—misc. .............................2912 INSURANCE DEPARTMENT Somerset County Notices Consolidated rules of court; no. 31 misc. 2004 ......2914 Bender, Renee, D.O. and Epstein, Scott, D.O.; RULES OF CRIMINAL PROCEDURE prehearing .....................................2964 Coal Mine Compensation Rating Bureau; Workers Order adopting amendments to rules 130 and 555; Compensation Federal Occupational Disease Fil- no. 309 criminal procedural rules; doc. no. 2 ......2910 ing.............................................2963 DEPARTMENT OF BANKING Hawk Oil Co., Inc.; prehearing ....................2963 Notices HUB Tire Company; Pennsylvania Compensation Action on applications.............................2927 Rating Bureau; hearing .........................2963 The Travelers Insurance Company; rate increase filing for several long term care policies; rate filing...........................................2964 EXECUTIVE AGENCIES Weed, Kathleen M.; hearing .......................2964 DEPARTMENT OF EDUCATION LIQUOR CONTROL BOARD Rules and Regulations Notices Compliance with the No Child Left Behind Act of Expiration of leases ...............................2965 2001 (Part II)...................................2975 PENNSYLVANIA PUBLIC UTILITY COMMISSION DEPARTMENT OF ENVIRONMENTAL PROTECTION Notices Notices Generic investigation regarding virtual NXX codes; Applications, actions and special notices............2929 doc. no. I-00020093 .............................2965 Laboratory Accreditation and Advisory Committee Service of notice of motor carrier applications.......2966 meeting cancellation ............................2959 STATE EMPLOYEES’ RETIREMENT BOARD Public notice of availability of General NPDES Permit for Discharges Associated with Industrial Notices Activities (PAG-03)..............................2959 Hearing scheduled ................................2967 Request for comment and notice of public meeting for the proposed total maximum daily loads (TMDLs): Bow Creek in Dauphin County ..................2956 Buffalo Creek in Union County ..................2956 Canonsburg Lake in Washington County .........2957 Lake Jean in Luzerne and Sullivan Counties .....2957 Little Cedar Creek Watershed in Lehigh County . 2958 Stoneycreek River (Segment 5112) in Somerset County .......................................2958 Small Business Advantage Program................2959 State Board for Certification of Sewage Enforcement Officers; cancellation of meeting .................2961 State Water Plan; Water Resources Regional Com- mittee meetings schedule for June 2004 ..........2961 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 34, NO. 23, JUNE 5, 2004 2904 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