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Volume 32 Number 38 Saturday, September 21, 2002 • Harrisburg, Pa. Pages 4567—4676 Agencies in this issue: The Governor The Courts Department of Banking Department of Environmental Protection Department of General Services Department of Health Department of Public Welfare Department of Transportation Independent Regulatory Review Commission Insurance Department Legislative Reference Bureau Liquor Control Board Medical Professional Liability Catastrophe Loss Fund Pennsylvania Public Utility Commission Philadelphia Regional Port Authority Detailed list of contents appears inside. Latest Pennsylvania Code Reporter (Master Transmittal Sheet): No. 334, September 2002 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 $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.’’ Postmaster send address changes to: Periodicals postage paid at Harrisburg, Pennsylvania. Orders for subscriptions and other circulation matters FRY COMMUNICATIONS should be sent to: Attn: Pennsylvania Bulletin 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 2002 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. 4569 CONTENTS THE GOVERNOR DEPARTMENT OF TRANSPORTATION Notices EXECUTIVE ORDER Addendum and revision of the listing of approved Governor’s Fire and Emergency Services Task speed-timing devices and appointment of mainte- Force; executive order 2002-9 ....................4575 nance and calibration stations ...................4662 PROCLAMATION Receipt of applications for Section 5310 program....4662 Amendment to proclamation.......................4577 INDEPENDENT REGULATORY REVIEW Amendment to proclamation of disaster emergency. 4578 COMMISSION Notices Notice of comments issued ........................4662 Notice of filing of final rulemakings ................4665 THE COURTS INSURANCE DEPARTMENT DISCIPLINARY BOARD OF THE SUPREME COURT Notices Notice of disbarment ..............................4580 Agency contract termination of Adlen-O’Brien Insur- Notice of suspension (2 documents) ................4580 ance Agency under Act 143; National Grange Mutual Insurance Company; doc. no. AT02-09-002 4665 Alleged violation of insurance laws; Paul R. Bender; doc. no. SC02-09-001 ............................4665 Federal employees health benefits program.........4666 EXECUTIVE AGENCIES Highmark Inc. d/b/a Pennsylvania Blue Shield and d/b/a Highmark Blue Cross Blue Shield; increases DEPARTMENT OF BANKING in UCR and PremierBlue Shield allowances; filing Notices no. 200220 .....................................4666 Action on applications (2 documents) ..........4610, 4611 Keystone Health Plan West; rate filing .............4666 Medical Care Availability and Reduction of Error DEPARTMENT OF ENVIRONMENTAL PROTECTION Fund’s assessment; notice 2002-09 ...............4666 Notices Pennsylvania Compensation Rating Bureau; Applications, actions and special notices............4612 F-classification and USL&HW rating value filing . 4667 Air Quality Technical Advisory Committee meeting Review procedure hearings; cancellation or refusal cancellation; Ad Hoc Committee on NOx Monitor- of insurance ....................................4667 ing Issues meeting ..............................4660 Review procedure hearings under the Unfair Insur- Availability of technical guidance ..................4660 ance Practices Act ..............................4667 DEPARTMENT OF GENERAL SERVICES LEGISLATIVE REFERENCE BUREAU Notices Notices Contract awards ..................................4675 Documents filed but not published .................4668 State contracts information........................4671 LIQUOR CONTROL BOARD DEPARTMENT OF HEALTH Notices Proposed Rulemaking Expiration of leases ...............................4668 Recreational swimming establishment lifeguard re- MEDICAL PROFESSIONAL LIABILITY quirements .....................................4581 CATASTROPHE LOSS FUND Supplemental nutrition program for women, infants and children....................................4585 Notices Medical Care Availability and Reduction of Error Notices Fund’s assessment; notice 2002-09 ...............4668 Infant Hearing Screening Advisory Committee meeting ........................................4660 PENNSYLVANIA PUBLIC UTILITY COMMISSION Notices DEPARTMENT OF PUBLIC WELFARE Railroad (2 documents)............................4669 Notices Service of notice of motor carrier applications.......4669 Payments to nursing facilities; July 1, 2002 pro- posed rates .....................................4661 PHILADELPHIA REGIONAL PORT AUTHORITY 2002 group one exception requests; Medical Assist- Notices ance long term care participation review .........4661 Request for bids (3 documents) ....................4670 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 32, NO. 38, SEPTEMBER 21, 2002 4570 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