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Entire Bulletin PENNSYLVANIA BULLETIN Volume 27 Number 33 Saturday, August 16, 1997 • Harrisburg, Pa. Pages 4079—4286 Part I See Part II page 4181 for the Environmental Quality Board Agencies in this issue: The Courts Administration of the Land Recycling Department of Banking Program (Act 2) Department of Conservation and Natural Resources Department of Environmental Protection Department of General Services Department of Health Department of Public Welfare Department of Revenue Department of Transportation Environmental Hearing Board Environmental Quality Board Independent Regulatory Review Commission Insurance Department Legislative Reference Bureau Pennsylvania Public Utility Commission Port of Pittsburgh Commission Public School Employes’ Retirement Board Turnpike Commission Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER Latest Pennsylvania Code Reporter (Master Transmittal Sheet): No. 273, August 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. 4081 Contents THE COURTS DEPARTMENT OF REVENUE Statements of Policy CIVIL PROCEDURAL RULES Disclaimers of nonprobate taxable assets ........... 4115 Partial suspension of section 5506(b)(1) of Title 68 of Research and development tax credit implementa- the Consolidated Statutes; no. 283; doc. no. 5 .....4093 tion issues...................................... 4115 JUDICIAL SYSTEM GENERAL PROVISIONS DEPARTMENT OF TRANSPORTATION Adoption of Rule 1.17 of the Rules of Professional Notices Conduct and conforming amendments regarding Approved speed-timing devices and appointment of the sale of a law practice; notice of proposed maintenance and calibration stations ............4157 rulemaking .....................................4089 Retention of engineering firms.....................4157 Amendment to the Pennsylvania Rules of Disciplin- ENVIRONMENTAL HEARING BOARD ary Enforcement relating to the continued prac- tice of law by formerly admitted attorneys; notice Notices of proposed rulemaking .........................4092 Delaware Valley Recycling, Inc. v. DEP; doc. no. 96-087-MG .....................................4161 SUPERIOR COURT Elliott Turbomachinery Company, Inc. v. DEP; EHB Notice to the bar .................................4093 doc. no. 97-157-MR .............................4162 Settlement under the Hazardous Sites Cleanup Act . 4162 ENVIRONMENTAL QUALITY BOARD EXECUTIVE AGENCIES Rules and Regulations DEPARTMENT OF BANKING Administration of the Land Recycling Program (Act 2) (Part II) .....................................4181 Notices Proposed Rulemaking Action on applications............................. 4117 Stream redesignations; Hay Creek et al. ...........4094 DEPARTMENT OF CONSERVATION AND NATURAL INDEPENDENT REGULATORY REVIEW RESOURCES COMMISSION Notices Notices Keystone Recreation, Park and Conservation Fund; Notice of filing of final-form rulemakings ...........4163 Land Trust Grant Program ...................... 4119 INSURANCE DEPARTMENT DEPARTMENT OF ENVIRONMENTAL PROTECTION Statements of Policy See also ENVIRONMENTAL QUALITY BOARD Permissible activity under the Liability Risk Reten- Notices tion Act of 1986 (15 U.S.C.A. §§ 3901—3906)— Applications, actions and special notices............4120 statement of policy..............................4102 Availability of technical guidance ..................4148 Notices Pennsylvania Wetland Replacement Project; public Application for acquisition of: notice ..........................................4148 American Independent Life Insurance Company . 4163 Radiation Protection Advisory Committee meeting . 4149 Colonial Penn Insurance Company ...............4163 DEPARTMENT OF GENERAL SERVICES Capital Blue Cross and Pennsylvania Blue Shield: Community-Rated Group Major Medical Program; Notices rate increase; filing no. 97-W ..................4164 Contract awards ..................................4178 Individual Comprehensive Major Medical Pro- Design professional selections .....................4149 gram; rate increase; filing no. 97-V ............4164 State contracts information........................4171 Individual Major Medical Program; rate increase; filing no. 97-U ................................4164 DEPARTMENT OF HEALTH Highmark, Inc.; requesting authority to increase: Notices Community-rated medical/surgical group product Laboratories approved to perform blood lead and/or rates; filing no. 1-CGMS-97-HI ................4164 erythrocyte protoporphyrin determinations under Community-rated Medicare supplement group the Clinical Laboratory Act ......................4150 product rates; filing no. 1-CGCM-97-HI ........4164 Requirements of an arbitration provision in private DEPARTMENT OF PUBLIC WELFARE passenger uninsured and underinsured motorist Statements of Policy coverage; doc. no. DO97-07-001 ..................4165 Waiver: out-of-home care .......................... 4114 Review procedure hearings; cancellation or refusal Notices of insurance (2 documents) ......................4165 Income limits for the subsidized child day care LEGISLATIVE REFERENCE BUREAU program........................................4152 Notices Documents filed but not published .................4166 PENNSYLVANIA BULLETIN, VOL. 27, NO. 33, AUGUST 16, 1997 4082 PENNSYLVANIA PUBLIC UTILITY COMMISSION PORT OF PITTSBURGH COMMISSION Proposed Rulemaking Notices Telecommunications utilities.......................4099 Request for proposals; no. PPC-971015 .............4168 Statements of Policy PUBLIC SCHOOL EMPLOYES’ RETIREMENT Affiliated interest issues of natural gas marketers . 4102 BOARD Fitness of natural gas marketers ..................4109 Notices Notices Hearings scheduled ...............................4168 DQE, Inc., Allegheny Power System, Inc. and AYP TURNPIKE COMMISSION Sub, Inc.—merger...............................4167 Notices Service of notice of motor carrier applications.......4167 Retention of an engineering firm...................4169 PENNSYLVANIA BULLETIN, VOL. 27, NO. 33, AUGUST 16, 1997 4083 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
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