Pennsylvania Bulletin Volume 41 (2011) Repository 10-15-2011 October 15, 2011 (Pages 5529-5610) Pennsylvania Legislative Reference Bureau Follow this and additional works at: https://digitalcommons.law.villanova.edu/pabulletin_2011 Recommended Citation Pennsylvania Legislative Reference Bureau, "October 15, 2011 (Pages 5529-5610)" (2011). Volume 41 (2011). 42. https://digitalcommons.law.villanova.edu/pabulletin_2011/42 This October 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 41 (2011) by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. Volume 41 Number 42 Saturday, October 15, 2011 • Harrisburg, PA Pages 5529—5610 Agencies in this issue The Courts Department of Banking Department of Environmental Protection Department of Health Department of Labor and Industry Department of Public Welfare Department of Transportation Environmental Quality Board Fish and Boat Commission Independent Regulatory Review Commission Insurance Department Legislative Reference Bureau Milk Marketing Board Patient Safety Authority Susquehanna River Basin Commission Detailed list of contents appears inside. Latest Pennsylvania Code Reporters (Master Transmittal Sheets): No. 443, October 2011 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. 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Church Road, Mechanicsburg, Pennsylvania 17055-3198. 5531 CONTENTS THE COURTS ENVIRONMENTAL QUALITY BOARD Notices DISCIPLINARY BOARD OF THE SUPREME COURT Meeting cancellation ............................. 5604 Notice of suspension ............................. 5554 RULES OF CRIMINAL PROCEDURE FISH AND BOAT COMMISSION Proposed new Pa.Rs.Crim.P. 556—556.12, and pro- Proposed Rulemaking posed correlative changes to Pa.Rs.Crim.P. 103, Fishing; Lake Erie and boundary lakes ........... 5555 540, 542, 544, 547, 560, 573, 578, 582, 646, 648, Fishing; propagation and introduction of fish into 1003 and 1101 ................................ 5538 Commonwealth waters ........................ 5560 INDEPENDENT REGULATORY REVIEW EXECUTIVE AGENCIES COMMISSION Notices DEPARTMENT OF BANKING Notice of filing of final rulemakings .............. 5604 Notices INSURANCE DEPARTMENT Actions on applications .......................... 5562 Notices DEPARTMENT OF ENVIRONMENTAL PROTECTION AF&L Insurance Company; rate increase filing for Notices home health LTC forms ........................ 5605 Applications, actions and special notices .......... 5563 Application for approval to acquire control of Manito Pennsylvania State Clean Diesel Grant Program; Title Insurance Company ...................... 5605 opening of the grant application acceptance Application for approval to acquire control of Penn period ........................................ 5602 Millers Insurance Company and American Millers Request for comments on the Proposed Total Maxi- Insurance Company ........................... 5605 mum Daily Loads (TMDLs) developed for the The Prudential Insurance Company of America; rate Limestone Run Watershed in Northumberland increase filing for several LTC forms ........... 5605 County ....................................... 5601 LEGISLATIVE REFERENCE BUREAU DEPARTMENT OF HEALTH Notices Notices Documents filed but not published ............... 5606 Health Policy Board meeting ..................... 5602 Long-term care nursing facilities; requests for MILK MARKETING BOARD exception ..................................... 5602 Notices DEPARTMENT OF LABOR AND INDUSTRY Hearing and presubmission schedule for all milk Notices marketing areas; official general order A-875 .... 5606 Current Prevailing Wage Act debarments ......... 5603 Hearing and presubmission schedule for all milk marketing areas; over-order premium ........... 5607 DEPARTMENT OF PUBLIC WELFARE PATIENT SAFETY AUTHORITY Notices Pharmacy prior authorization (2 documents). 5603, 5604 Notices Public meeting .................................. 5607 DEPARTMENT OF TRANSPORTATION Notices SUSQUEHANNA RIVER BASIN COMMISSION Bureau of Maintenance and Operations; access Notices route approval ................................ 5604 Public hearing and meeting ...................... 5607 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 41, NO. 42, OCTOBER 15, 2011 5532 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. To see if there have been recent changes, not yet 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