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Entire Bulletin Volume 38 Number 14 Saturday, April 5, 2008 • Harrisburg, PA Pages 1575—1692 See Part II page 1665 Part I for the Subject Index for Agencies in this issue January—March 2008 The General Assembly The Courts Capitol Preservation Committee Department of Banking Department of Conservation and Natural Resources Department of Environmental Protection Department of Health Department of Labor and Industry Department of Public Welfare Environmental Hearing Board Fish and Boat Commission Game Commission Independent Regulatory Review Commission Insurance Department Liquor Control Board Pennsylvania Gaming Control Board Pennsylvania Public Utility Commission State Police Susquehanna River Basin Commission Sustainable Water Infrastructure Task Force Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER Latest Pennsylvania Code Reporter (Master Transmittal Sheet): No. 401, April 2008 published weekly by Fry Communications, Inc. for the PENNSYLVANIA BULLETIN Commonwealth of Pennsylvania, Legislative Reference Bu- reau, 641 Main Capitol Building, Harrisburg, Pa. 17120, (ISSN 0162-2137) 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 publi- cation and effectiveness of Commonwealth Documents). Subscription rate $82.00 per year, postpaid to points in the United States. Individual copies $2.50. Checks for subscrip- tions and individual copies should be made payable to ‘‘Fry Communications, Inc.’’ Periodicals postage paid at Harris- Postmaster send address changes to: burg, Pennsylvania. 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) Copyright ௠ 2008 Commonwealth of Pennsylvania 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. 1577 CONTENTS THE GENERAL ASSEMBLY FISH AND BOAT COMMISSION COMMISSION ON SENTENCING Rules and Regulations Meetings scheduled ...............................1582 Fishing ..........................................1584 Proposed Rulemakings THE COURTS Fishing (2 documents)....................... 1588, 1589 GAME COMMISSION LOCAL COURT RULES Proposed Rulemakings Franklin and Fulton Counties Hunting and trapping.............................1590 Chapter 1, scope of rules, construction and defini- Seasons and bag limits (2 documents) ........ 1591, 1597 tions, local rules; part A, business of the courts; miscellaneous doc. CP-28-AD-1-2008 .............1583 INDEPENDENT REGULATORY REVIEW COMMISSION EXECUTIVE AGENCIES Notices Action taken by the Commission (2 documents) .....1646 CAPITOL PRESERVATION COMMITTEE Notice of comments issued ........................1647 Notices INSURANCE DEPARTMENT Request for proposal postponed ....................1599 Notices DEPARTMENT OF BANKING Aetna Health, Inc.; individual advantage plans Notices (superior and standard); rate filing...............1655 Actions on applications............................1599 Agency contract termination of Hurst-Weiss Insur- ance Agency, Inc.; doc. no. AT08-03-027...........1655 DEPARTMENT OF CONSERVATION AND NATURAL Application for approval to acquire control..........1656 RESOURCES Getty Petroleum Marketing; hearing ...............1656 Notices HealthAmerica; pharmacy rider rates for HMO and HSA HMO for eastern, south-eastern and western Snowmobile and ATV Advisory Committee meeting . 1600 Pennsylvania; rate filing ........................1656 DEPARTMENT OF ENVIRONMENTAL PROTECTION Review procedure hearings; cancellation or refusal Notices of insurance ....................................1656 Applications, actions and special notices............1601 Review procedure hearings under the Unfair Insur- Availability of technical guidance ..................1639 ance Practices act...............................1657 Neshaminy Creek Watershed Nutrient Total Maxi- Saul D. Wolfson, M. D.; prehearing ................1657 mum Daily Loads (TMDL); rationale for with- LIQUOR CONTROL BOARD drawal .........................................1640 Notices DEPARTMENT OF HEALTH Expiration of leases ...............................1658 Notices PENNSYLVANIA GAMING CONTROL BOARD Application for exception: Rules and Regulations Heart of Lancaster Regional Medical Center......1643 General provisions; and applications ...............1585 Wyomissing Surgical Services....................1643 PENNSYLVANIA PUBLIC UTILITY COMMISSION DEPARTMENT OF LABOR AND INDUSTRY Notices Notices Electric tariff .....................................1659 Range of fees charged by utilitzation review organi- Local exchange carrier services ....................1660 zations and peer review organizations for services Service of notice of motor carrier applications.......1660 performed under the Workers’ Compensation Telecommunications...............................1661 Act............................................1643 Wastewater service ...............................1661 DEPARTMENT OF PUBLIC WELFARE Water and wastewater service .....................1661 Notices STATE POLICE Federal poverty income guidelines for 2008 .........1644 Rules and Regulations ENVIRONMENTAL HEARING BOARD Corrective amendment to 37 Pa. Code Chapter 23 . 1587 Notices SUSQUEHANNA RIVER BASIN COMMISSION Borough of Chambersburg v. DEP; EHB doc. no. Notices 2008-079-L .....................................1645 Public hearing and meeting .......................1661 The Chesapeake Bay Foundation, Inc. v. DEP and Lower Allen Township Authority; EHB doc. no. SUSTAINABLE WATER INFRASTRUCTURE TASK 2008-080-L .....................................1645 FORCE Middletown Borough Authority v. DEP; EHB doc. Notices no. 2008-086-L..................................1646 Meeting scheduled ................................1662 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 38, NO. 14, APRIL 5, 2008 1578 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 The Pennsylvania Code is cited by title number and Local Court Rules; Attorney General Opinions; and section number. Example: Title 10 Pennsylva- Motor Carrier Applications before the Public Utility nia Code, § 1.1 (short form: 10 Pa.Code § 1.1). Commission; Applications and Actions before the 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. Generally an agency wishing to adopt, amend or The Pennsylvania Code contains, as Finding Aids, repeal regulations must first publish in the Pennsyl- subject indexes for the complete Code and for each vania Bulletin a Notice of Proposed Rulemaking. individual title, a list of Statutes Used As Authority There are limited instances where the agency may for Adopting Rules and a list of annotated cases. omit the proposal step; they still must publish the Source Notes give you the history of the documents. adopted version. 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