Pennsylvania Bulletin Volume 33 (2003) Repository

6-14-2003

June 14, 2003 (Pages 2737-2848)

Pennsylvania Legislative Reference Bureau

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Recommended Citation Pennsylvania Legislative Reference Bureau, "June 14, 2003 (Pages 2737-2848)" (2003). Volume 33 (2003). 24. https://digitalcommons.law.villanova.edu/pabulletin_2003/24

This June 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 33 (2003) by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. Volume 33 Number 24 Saturday, June 14, 2003 • Harrisburg, Pa. Pages 2737—2848 Agencies in this issue: The Courts Department of Agriculture Department of Banking Department of Community and Economic Development Department of Conservation and Natural Resources Department of Environmental Protection Department of General Services Department of Health Department of Revenue Department of Transportation Environmental Hearing Board Fish and Boat Commission Game Commission Independent Regulatory Review Commission Insurance Department Pennsylvania Public Utility Commission Public School Employees’ Retirement Board State Board of Education Detailed list of contents appears inside.

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No. 343, June 2003

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THE COURTS DEPARTMENT OF HEALTH Notices PHILADELPHIA RULES Health Research Advisory Committee meeting ...... 2824 Philadelphia County Pennsylvania Cancer Control Prevention and Re- Amendment of Philadelphia Orphans’ Court rule search Advisory Board meeting ...... 2824 6.9.D; president judge general court regulation no. Request for exception; long-term care nursing facil- 2003-04 ...... 2745 ities...... 2824 Procedure concerning arrest warrants, arraignment, Traumatic Brain Injury Advisory Board meeting ....2825 providing court-appointed counsel, and sentencing defendants who fail to plead to traffic citations or DEPARTMENT OF REVENUE pay outstanding fees, fines and costs; president Rules and Regulations judge general court regulation no. 2003-01 ...... 2745 Corrective amendment to 61 Pa. Code § 34.4(b)(5) . . 2756 DEPARTMENT OF TRANSPORTATION Notices EXECUTIVE AGENCIES Application for lease of right-of-way...... 2825 DEPARTMENT OF AGRICULTURE Contemplated sale of land no longer needed for transportation purposes (2 documents) ...... 2825 Notices Disadvantaged business enterprise participation in Pennsylvania agricultural product promotion match- Federal Aviation Administration funded contracts . 2825 ing grant program; 2003-2004 application period. . 2765 Disadvantaged business enterprise participation DEPARTMENT OF BANKING in Federal Highway Administration funded con- Notices tracts ...... 2827 Disadvantaged business enterprise participation in Action on applications...... 2765 Federal Transit Administration funded contracts. . 2828 DEPARTMENT OF COMMUNITY AND ECONOMIC Finding ...... 2829 DEVELOPMENT ENVIRONMENTAL HEARING BOARD Notices Notices Weatherization assistance program public hearing . . 2767 Roaring Spring Area Citizens Coalition v. DEP and DEPARTMENT OF CONSERVATION AND NATURAL New Enterprise Stone & Lime Company, Inc., RESOURCES permittee; EHB doc. no. 2003-121-C...... 2829 Notices FISH AND BOAT COMMISSION Conservation and Natural Resources Advisory Proposed Rulemaking Council meeting ...... 2768 Injurious nonnative species...... 2762 Pigeon Creek, Stony Run and Schuylkill River Seasons, sizes and creel limits; general and special Watersheds Conservation Plan...... 2768 fishing; fishing in Lake Erie and boundary lakes. . 2757 DEPARTMENT OF ENVIRONMENTAL PROTECTION Wild brook trout enhancement...... 2760 Notices Notices Applications, actions and special notices...... 2768 Proposed special regulation; designations and Availability of technical guidance ...... 2823 redesignations ...... 2829 Mining and Reclamation Advisory Board; Orphan Reopening of Upper Hereford Manor Lake, Beaver Mine Task Force meeting cancellation...... 2823 County ...... 2831 Pennsylvania Bituminous Mine Safety Advisory Triploid grass carp permit applications ...... 2831 Committee meeting cancellation ...... 2823 GAME COMMISSION Small Water Systems Technical Assistance Center special meeting ...... 2824 Rules and Regulations Deer management assistance program ...... 2754 DEPARTMENT OF GENERAL SERVICES Hunting and trapping...... 2749 Notices Hunting and trapping; hunting and furtaking li- State contracts information...... 2844 censes...... 2753 Hunting and trapping; rimfire rifle ...... 2751 Hunting and trapping; shooting hours...... 2752 Lands and buildings; special permits...... 2748 Proposed Rulemaking Lands and buildings ...... 2763

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PENNSYLVANIA BULLETIN, VOL. 33, NO. 24, JUNE 14, 2003 2740

INDEPENDENT REGULATORY REVIEW PENNSYLVANIA PUBLIC UTILITY COMMISSION COMMISSION Notices Notices Natural gas service ...... 2835 Actions taken by the Commission ...... 2831 Railroad...... 2835 Notice of comments issued ...... 2832 Service of notice of motor carrier applications...... 2835 Telecommunications (6 documents) ...... 2836, 2837 INSURANCE DEPARTMENT Water service ...... 2837 Notices PUBLIC SCHOOL EMPLOYEES’ RETIREMENT Dalai, Incorporated; prehearing ...... 2833 HealthAmerica; northwestern service area; rate fil- BOARD ing...... 2834 Notices Review procedure hearings; cancellation or refusal Hearings scheduled ...... 2838 of insurance ...... 2834 Review procedure hearings under the Unfair Insur- STATE BOARD OF EDUCATION ance Practices Act ...... 2835 Notices Approval of standards of the Department of Educa- tion necessary to comply with the No Child Left Behind Act of 2001 (2 documents)...... 2838, 2841

PENNSYLVANIA BULLETIN, VOL. 33, NO. 24, JUNE 14, 2003 2741 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.

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PENNSYLVANIA BULLETIN, VOL. 33, NO. 24, JUNE 14, 2003 2742

Printing Format Material proposed to be added to an existing rule or regulation is printed in bold face and material proposed to be deleted from such a rule or regulation is enclosed in brackets []and printed in bold face. Asterisks indicate ellipsis of Pennsylvania Code text retained without change. Proposed new or additional regulations are printed in ordinary style face.

Fiscal Notes Section 612 of The Administrative Code of 1929 (71 P. S. § 232) requires that the Office of Budget prepare a fiscal note for regulatory actions and administrative procedures of the administrative departments, boards, commissions or authorities receiving money from the State Treasury stating whether the proposed action or procedure causes a loss of revenue or an increase in the cost of programs for the Commonwealth or its political subdivisions; that the fiscal note be published in the Pennsylvania Bulletin at the same time as the proposed change is advertised; and that the fiscal note shall provide the following information: (1) the designation of the fund out of which the appropriation providing for expenditures under the action or procedure shall be made; (2) the probable cost for the fiscal year the program is implemented; (3) projected cost estimate of the program for each of the five succeeding fiscal years; (4) fiscal history of the program for which expenditures are to be made; (5) probable loss of revenue for the fiscal year of its implementation; (6) projected loss of revenue from the program for each of the five succeeding fiscal years; (7) line item, if any, of the General Appropriation Act or other appropriation act out of which expenditures or losses of Commonwealth funds shall occur as a result of the action or procedures; (8) recommendation, if any, of the Secretary of the Budget and the reasons therefor. The required information is published in the foregoing order immediately following the proposed change to which it relates; the omission of an item indicates that the agency text of the fiscal note states that there is no information available with respect thereto. In items (3) and (6) information is set forth for the first through fifth fiscal years; in that order, following the year the program is implemented, which is stated. In item (4) information is set forth for the current and two immediately preceding years, in that order. In item (8) the recommendation, if any, made by the Secretary of Budget is published with the fiscal note. See 4 Pa. Code § 7.231 et seq. Where ‘‘no fiscal impact’’ is published, the statement means no additional cost or revenue loss to the Commonwealth or its local political subdivision is intended.

Reproduction, Dissemination or Publication of Information Third parties may not take information from the Pennsylvania Code and Pennsylvania Bulletin and reproduce, disseminate or publish such information except as provided by 1 Pa. Code § 3.44. 1 Pa. Code § 3.44 reads as follows:

§ 3.44. General permission to reproduce content of Code and Bulletin. Information published under this part, which information includes, but is not limited to, cross references, tables of cases, notes of decisions, tables of contents, indexes, source notes, authority notes, numerical lists and codification guides, other than the actual text of rules or regulations may be reproduced only with the written consent of the Bureau. The information which appears on the same leaf with the text of a rule or regulation, however, may be incidentally reproduced in connection with the reproduction of the rule or regulation, if the reproduction is for the private use of a subscriber and not for resale. There are no other restrictions on the reproduction of information published under this part, and the Commonwealth hereby consents to a reproduction.

PENNSYLVANIA BULLETIN, VOL. 33, NO. 24, JUNE 14, 2003 2743 List of Pa. Code Chapters Affected

The following numerical guide is a list of the chapters of each title of the Pennsylvania Code affected by documents published in the Pennsylvania Bulletin during 2003.

4 Pa. Code (Administration) Proposed Rulemaking Adopted Rules 9 ...... 1116 1 ...... 1452 13...... 1358 19...... 1124 Proposed Rulemaking 23...... 1118,1120 243...... 892 31...... 1359 249...... 892 40...... 1715 Statements of Policy 52 Pa. Code (Public Utilities) 1 (with correction) ...... 1624 9 ...... 34, 760, 1722 Proposed Rulemaking 53...... 1106 7 Pa. Code (Agriculture) 54...... 31 Adopted Rules 57...... 2064 21...... 1329 59...... 2064 106...... 541 55 Pa. Code (Public Welfare) Statements of Policy Adopted Rules 133...... 2172 1101 (with correction) ...... 361 4225 ...... 1051 17 Pa. Code (Conservation and Natural Resources) 4226 ...... 1051 Adopted Rules 23...... 21 58 Pa. Code (Recreation) Adopted Rules 22 Pa. Code (Education) 51...... 1348 Adopted Rules 53...... 1228 4 ...... 255, 283 61...... 1229 Proposed Rulemaking 63...... 1468 4 ...... 1847 65...... 1229 215...... 882 69...... 1230 91...... 1348 25 Pa. Code (Environmental Protection) 93...... 1348 Adopted rules 111...... 1231 93...... 1226, 1227 135...... 2748 137...... 1470, 1471 Proposed Rulemaking 109 (with correction) ...... 1234, 1239, 1350 141...... 1473, 2749, 2751, 2752, 2753 143...... 1475, 2753 28 Pa. Code (Health and Safety) 147...... 1714, 2748, 2754 Proposed Rulemaking 25...... 2169 Proposed Rulemaking 61...... 2757 31 Pa. Code (Insurance) 63...... 2757, 2762 Adopted Rules 65...... 1479, 2757, 2760 115...... 346 69...... 1479, 2757 165...... 24 71...... 2762 34 Pa. Code (Labor and Industry) 73...... 2762 Adopted Rules 75...... 1479 65...... 25 77...... 1479 91...... 1482 37 Pa. Code (Law) 109...... 1482 Adopted Rules 111...... 1479 421...... 353 117...... 1482 431...... 1617 131...... 2589 Proposed Rulemaking 135...... 1350, 2763 203...... 1246 139...... 1098, 1103 141...... 1103, 1351, 1353, 1355, 1357, 2590, 2591 49 Pa. Code (Professional and Vocational Standards) 143...... 1357, 1484, 2589 Adopted Rules 147...... 1350, 2589 9 ...... 28 36...... 358, 2476 Proposed Statements of Policy 49...... 1346 57...... 1487

PENNSYLVANIA BULLETIN, VOL. 33, NO. 24, JUNE 14, 2003 2744

61 Pa. Code (Revenue) 225 Pa. Code (Rules of Evidence) Adopted Rules Proposed Rulemaking 34...... 2756 IV...... 197, 2355 71...... 1842 VII...... 198 85...... 1842 815...... 1845 231 Pa. Code (Rules of Civil Procedure) Adopted Rules 64 Pa. Code (Securities) 200...... 634, 748, 1712, 2356 Proposed Rulemaking 1000 ...... 748, 751, 1450, 1926, 2356, 2587 102...... 884 1300 ...... 2359 202...... 884 1930 ...... 13 203...... 884 2120 ...... 751, 1450 204...... 884 2150 ...... 751, 1450 207...... 884 2170 ...... 751, 1450 305...... 884 2350 ...... 1927 606...... 884 4000 ...... 748

67 Pa. Code (Transportation) Proposed Rulemaking Adopted Rules 1930 ...... 1580 177...... 2479 449...... 2378 234 Pa. Code (Rules of Criminal Procedure) Adopted Rules Proposed Rulemaking 1 ...... 1324 201...... 1930 4 ...... 969, 1324 203...... 1930 7 ...... 1927 211...... 1930 212...... 1930 Proposed Rulemaking 1 ...... 967, 1048, 2161 Statements of Policy 2 ...... 2163 102...... 1624 6 ...... 1049, 2164 204...... 1361 7 ...... 2161

201 Pa. Code (Rules of Judicial Administration) 237 Pa. Code (Juvenile Rules) Adopted Rules Proposed Rulemaking 3 ...... 2044 1 ...... 1581 7 ...... 634 2 ...... 1581 17...... 1926 3 ...... 1581 19...... 1711 4 ...... 1581 5 ...... 1581 204 Pa. Code (Judicial System General Provisions) 6 ...... 1581 Adopted Rules 8 ...... 1581 85...... 967 246 Pa. Code (Minor Court Civil Rules) Proposed Rulemaking Adopted Rules 83...... 744 100...... 2167 401...... 2468 Proposed Rulemaking 207 Pa. Code (Judicial Conduct) 600...... 753 Adopted Rules 1000 ...... 753 4 ...... 2474 121...... 1449 249 Pa. Code (Philadelphia Rules) Proposed Rulemaking Unclassified ...... 532, 2269, 2360, 2655, 2656, 2745 51...... 745 252 Pa. Code (Allegheny County Rules) 210 Pa. Code (Appellate Procedure) Unclassified ...... 757 Adopted Rules 1 ...... 2586 255 Pa. Code (Local Court Rules) 21...... 1711, 2044, 2586 Unclassified ...... 14,17, 200, 341, 540, 635, 758 873, 874, 875, 878, 879, 880, 1221, 1450, Proposed Rulemaking 1713, 1838, 1929, 2045, 2047, 2168, 2270, 15...... 2259 2272, 2374, 2375, 2376, 2474, 2588

PENNSYLVANIA BULLETIN, VOL. 33, NO. 24, JUNE 14, 2003 2745 THE COURTS Title 249—PHILADELPHIA PHILADELPHIA COUNTY Procedure Concerning Arrest Warrants, Arraign- RULES ment, Providing Court-Appointed Counsel, and Sentencing Defendants Who Fail to Plead to PHILADELPHIA COUNTY Traffic Citations or Pay Outstanding Fees, Fines Amendment of Philadelphia Orphans’ Court Rule and Costs; President Judge General Court 6.9.D; President Judge General Court Regulation Regulation No. 2003-01 No. 2003-04 The procedures which apply to Summary Offenses under the Vehicle Code are set forth in Pa.R.Crim.P. Nos. Order 470-471, and generally at 400 et seq. Specific statutory authority and rules address the Philadelphia Traffic And Now, this 22nd day of May, 2003, the Board of Court’s jurisdiction to issue warrants due to a Defendant’s Judges of Philadelphia County having voted at the Board failure to respond to a traffic citation, or pay outstanding of Judges’ meeting held on May 15, 2003 to amend fines and costs. See Pa.R.Crim.P. No. 430-431. Moreover, Philadelphia Orphans’ Court Rule 6.9.D., It Is Hereby statutory authority and rules address the Philadelphia Ordered that Philadelphia Orphans’ Court Rule 6.9.D. is Traffic Court’s obligation to appoint counsel in Summary amended effective July 1, 2003. trials as well for contempt proceedings whenever it appears that incarceration is likely to be imposed. See This General Court Regulation is issued in accordance Pa.R.Crim.P. No. 122 and 140, and 42 Pa.C.S. § 4136 et with Pa.O.C. Rule 1.2, and shall become effective July 1, seq. However, the inter-relationship among the cited rules 2003. As required, the original General Court Regulation and other authority is, at times, confusing and may shall be filed with the Prothonotary in a Docket main- results in unwarranted expectation among the various tained for General Court Regulations issued by the interested parties. The within President Judge General President Judge of the Court of Common Pleas of Phila- Court Regulation is intended to clarify the various issues delphia County, and copies shall be submitted to the involved in the issuance and enforcement of arrest war- Clerk of the Orphans’ Court, the Administrative Office of rants, the appointment of counsel, and the imposition of Pennsylvania Courts, the Legislative Reference Bureau mandatory sentences or for failure to respond to traffic citations, or pay outstanding fines and court costs. and the Orphans’ Court Procedural Rules Committee. Copies of the Order shall also be submitted to American 1. Issuance of Arrest Warrant. A warrant for the arrest Lawyer Media, The Legal Intelligencer, Jenkins Memorial of a Defendant, who has been issued a traffic citation by a Law Library, and the Law Library for the First Judicial law enforcement officer, may be issued as provided in District of Pennsylvania. Pa.R.Crim.P. No. 430. FREDERICA A. MASSIAH-JACKSON, 2. Defendant Arrested Pursuant to an Arrest Warrant.A President Judge Defendant arrested pursuant to an Arrest Warrant issued as provided in paragraph 1. will be taken without unnec- Phila.O.C. Rule 6.9.D. is amended to read as follows: essary delay before a proper issuing authority, shall be ***** arraigned, and shall be advised concerning: (A) Specific Charges. Defendant shall be provided with (3) Accounts of Trustees. In addition to the papers information concerning specific citations to which Defen- required by Rule 6.9.D.(1), at the time of the filing of an dant has not plead as required by Pa.R.Crim.P. No. 407, account of a trustee, counsel shall file: and plea will be elicited; and will be provided information concerning citations which have been adjudicated and (a) the original letters or the original trust instrument, which have outstanding fines or costs and in default of a if not submitted at a prior audit; and payment order or plan. (b) a copy of the trust instrument, certified by the (B) Right to Counsel. Defendant shall be advised that accountant or counsel to be true and correct[ ; ]. he/she has the right to retain counsel and that if he/she does not have the financial ability to retain counsel, [ (c) a preliminary audit statement prepared on counsel will be appointed by the Court if there is a the form supplied by the Court and signed by the likelihood that imprisonment may be imposed. Defendant attorney who will appear for the accountant at the will be directed to report to the First Judicial District’s audit. ] Pretrial Service Division for a financial int