May 26, 2012 (Pages 2947-3118)
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Pennsylvania Bulletin Volume 42 (2012) Repository 5-26-2012 May 26, 2012 (Pages 2947-3118) Pennsylvania Legislative Reference Bureau Follow this and additional works at: https://digitalcommons.law.villanova.edu/pabulletin_2012 Recommended Citation Pennsylvania Legislative Reference Bureau, "May 26, 2012 (Pages 2947-3118)" (2012). Volume 42 (2012). 21. https://digitalcommons.law.villanova.edu/pabulletin_2012/21 This May is brought to you for free and open access by the Pennsylvania Bulletin Repository at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Volume 42 (2012) by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. Volume 42 Number 21 Saturday, May 26, 2012 • Harrisburg, PA Pages 2947—3118 Agencies in this issue The Courts Department of Banking Department of Environmental Protection Department of Health Department of Public Welfare Department of Revenue Department of Transportation Independent Regulatory Review Commission Insurance Department Milk Marketing Board Patient Safety Authority Pennsylvania Gaming Control Board Pennsylvania Public Utility Commission State Board of Medicine State Conservation Commission State Ethics Commission Detailed list of contents appears inside. Latest Pennsylvania Code Reporters (Master Transmittal Sheets): No. 450, May 2012 published weekly by Fry Communications, Inc. for the PENNSYLVANIA Commonwealth of Pennsylvania, Legislative Reference Bu- BULLETIN 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- burg, Pennsylvania. Postmaster send address changes to: Orders for subscriptions and other circulation matters FRY COMMUNICATIONS should be sent to: Attn: Pennsylvania Bulletin 800 W. Church Rd. Fry Communications, Inc. Attn: Pennsylvania Bulletin Mechanicsburg, Pennsylvania 17055-3198 800 W. Church Rd. (717) 766-0211 ext. 2340 Mechanicsburg, PA 17055-3198 (800) 334-1429 ext. 2340 (toll free, out-of-State) (800) 524-3232 ext. 2340 (toll free, in State) Copyright 2012 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. 2949 CONTENTS THE COURTS Bureau of Maintenance and Operations; access route approval (2 documents) .................. 3035 RULES OF CIVIL PROCEDURE Finding ......................................... 3035 Order adopting new Rule 1716, amending Rules INDEPENDENT REGULATORY REVIEW 1701 and 1714 and renumbering Rule 1716 as Rule 1717 of the Rules of Civil Procedure; no. 563 COMMISSION civil procedural rules doc. ...................... 2954 Notices Notice of comments issued ....................... 3036 INSURANCE DEPARTMENT EXECUTIVE AGENCIES Notices DEPARTMENT OF BANKING Appeal of Kelly Ohlert under the Quality Health Care Accountability and Protection Article; Notices AETNA Health, Inc.; doc. no. HC12-05-006 ...... 3037 Actions on applications (2 documents) ....... 2967, 2968 Maximum lawful rate of interest for residential MILK MARKETING BOARD mortgages for the month of June 2012 .......... 2970 Notices DEPARTMENT OF ENVIRONMENTAL PROTECTION Sunshine meeting calendar for fiscal year 2012- Notices 2013 ......................................... 3038 Applications, actions and special notices .......... 2970 PATIENT SAFETY AUTHORITY Availability of technical guidance ................. 3026 Notices State Board for Certification of Sewage Enforcement Public meeting .................................. 3038 Officers; 2012 examination announcement ...... 3027 Stream redesignation evaluations; water quality PENNSYLVANIA GAMING CONTROL BOARD standards review .............................. 3027 Proposed Rulemakings DEPARTMENT OF HEALTH Gaming service providers and slot machine licenses. 2962 Notices PENNSYLVANIA PUBLIC UTILITY COMMISSION Applications for exception: Notices Allegheny Women’s Center .................... 3028 Act 13 of 2012—implementation of Unconventional Premier Surgery Center of Pittsburgh .......... 3029 Gas Well Impact Fee Act ...................... 3038 28 Pa. Code § 123.25(2) ....................... 3029 Act 129 Energy Efficiency and Conservation Pro- Long-term care nursing facilities; request for excep- gram phase II; doc. no. M-2012-2289411 ........ 3044 tion .......................................... 3029 Implementation of Act 11 of 2012 ................. 3044 DEPARTMENT OF PUBLIC WELFARE Service of notice of motor carrier applications ..... 3050 Notices STATE BOARD OF MEDICINE Availability of the Low-Income Home Energy Assist- Rules and Regulations ance Program; proposed state plan and public Behavior specialist .............................. 2955 hearing schedule .............................. 3029 Disproportionate share and supplemental hospital STATE CONSERVATION COMMISSION payments ..................................... 3030 Notices DEPARTMENT OF REVENUE Action on odor management plans for concentrated animal operations and concentrated animal feed- Notices ing operations and volunteers complying with the Pennsylvania Ca$h In! instant lottery game ...... 3031 Commonwealth’s Facility Odor Management Pro- DEPARTMENT OF TRANSPORTATION gram ......................................... 3051 Notices STATE ETHICS COMMISSION Bureau of Highway Safety and Traffic Engineering; Notices access route approval (2 documents) ............ 3034 Gaming Act list ................................. 3051 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 42, NO. 21, MAY 26, 2012 2950 READER’S GUIDE TO THE PENNSYLVANIA BULLETIN AND PENNSYLVANIA CODE Pennsylvania Bulletin wishes to adopt changes to the Notice of Proposed The Pennsylvania Bulletin is the official gazette of Rulemaking to enlarge the scope, it must repropose. the Commonwealth of Pennsylvania. It is published Citation to the Pennsylvania Bulletin every week and includes a table of contents. A Cite material in the Pennsylvania Bulletin by cumulative subject matter index is published quar- volume number, a page number and date. Example: terly. Volume 1, Pennsylvania Bulletin, page 801, January The Pennsylvania Bulletin serves several pur- 9, 1971 (short form: 1 Pa.B. 801 (January 9, 1971)). poses. First, it is the temporary supplement to the Pennsylvania Code, which is the official codification Pennsylvania Code of agency rules and regulations and other statuto- The Pennsylvania Code is the official codification rily authorized documents. Changes in the codified of rules and regulations issued by Commonwealth text, whether by adoption, amendment, repeal or agencies and other statutorily authorized docu- emergency action must be published in the Pennsyl- ments. The Pennsylvania Bulletin is the temporary vania Bulletin. Further, agencies proposing changes supplement to the Pennsylvania Code, printing to the codified text do so in the Pennsylvania changes as soon as they occur. These changes are Bulletin. then permanently codified by the Pennsylvania Second, the Pennsylvania Bulletin also publishes: Code Reporter, a monthly, loose-leaf supplement. Governor’s Executive Orders; State Contract No- The Pennsylvania Code is cited by title number tices; Summaries of Enacted Statutes; Statewide and section number. Example: Title 10 Pennsylva- and Local Court Rules; Attorney General Opinions; nia Code, § 1.1 (short form: 10 Pa.Code § 1.1). Motor Carrier Applications before the Pennsylvania Public Utility Commission; Applications and Actions Under the Pennsylvania Code codification system, before the Department of Environmental Protection; each regulation is assigned a unique number by Orders of the Independent Regulatory Review Com- title and section. Titles roughly parallel the organi- mission; and other documents authorized by law. zation of Commonwealth government. Title 1 Penn- sylvania Code lists every agency and its correspond- The text of certain documents published in the ing Code title location. Pennsylvania Bulletin is the only valid and enforce- able text. Courts are required to take judicial notice How to Find Documents of the Pennsylvania Bulletin. Search for your area of interest in the Pennsylva- Adoption, Amendment or Repeal of nia Code. The Pennsylvania Code is available at Regulations www.pacode.com. Generally an agency wishing to adopt, amend or Source Notes give you the history of the docu- repeal regulations must first publish in the Pennsyl- ments. To see if there have been recent changes, not vania Bulletin a Notice of Proposed Rulemaking. yet codified, check the List of Pennsylvania Code There are limited instances when the agency may Chapters Affected in the most recent issue of the omit the proposal step; it still must publish the Pennsylvania Bulletin. adopted version. A chronological table of the history of Pennsylva- The Notice of Proposed Rulemaking contains the nia Code sections may be found at www.legis.state. full text of the change, the agency contact person, a pa.us. fiscal