Volume 32 Number 39 Saturday, September 28, 2002 • Harrisburg, Pa. Pages 4677—4802 Agencies in this issue: The Governor The Courts Department of Agriculture Department of Banking Department of Community and Economic Development Department of Environmental Protection Department of General Services Department of Health Department of Labor and Industry Department of Public Welfare Department of Revenue Department of Transportation Environmental Hearing Board Environmental Quality Board Fish and Boat Commission Game Commission Governor’s Office Housing Finance Agency Independent Regulatory Review Commission Insurance Department Liquor Control Board Milk Marketing Board Pennsylvania Public Utility Commission 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. 4679 CONTENTS THE GOVERNOR Request for exceptions; long-term care nursing facil- ities............................................4780 EXECUTIVE ORDER Tobacco Use Prevention and Cessation Advisory Homeland security organizational structure ........4687 Committee meeting .............................4780 Governor’s Commission on Abandoned Mine Voids Traumatic Brain Injury Advisory Board meeting ....4780 and Mine Safety; executive order 2002-10 ........4690 DEPARTMENT OF LABOR AND INDUSTRY Proposed Rulemaking THE COURTS Appeals from determinations of Department ........4720 LOCAL COURT RULES Notices Lehigh County Pennsylvania Conservation Corps; grants for Amendment to local rule CR-101A; approval of projects ........................................4780 police complaints and arrest warrant affidavits by attorney for the Commonwealth; file no. 2002/ DEPARTMENT OF PUBLIC WELFARE 1971-M.........................................4693 Notices Additional class of disproportionate share payments to hospitals to offset uncompensated care costs . 4781 EXECUTIVE AGENCIES DEPARTMENT OF REVENUE DEPARTMENT OF AGRICULTURE Notices Proposed Rulemaking Pennsylvania Powerball Instant Millionaire TV Milk sanitation ...................................4717 Game Show instant lottery game ................4781 DEPARTMENT OF BANKING DEPARTMENT OF TRANSPORTATION Notices Notices Action on applications.............................4729 Finding ..........................................4787 Maximum lawful rate of interest for residential mortgages for the month of October 2002.........4730 ENVIRONMENTAL HEARING BOARD DEPARTMENT OF COMMUNITY AND ECONOMIC Notices DEVELOPMENT Pen Argyl Municipal Authority v. DEP; EHB doc. no. 2002-202-K .................................4787 Notices Action plan for Federal fiscal year 2003 ............4731 ENVIRONMENTAL QUALITY BOARD DEPARTMENT OF ENVIRONMENTAL PROTECTION Rules and Regulations See also ENVIRONMENTAL QUALITY BOARD Stream redesignations (Class A wild trout waters) . 4695 Notices FISH AND BOAT COMMISSION Applications, actions and special notices............4732 Rules and Regulations Availability of technical guidance ..................4778 Fishing ..........................................4707 Laboratory Accreditation Advisory Committee meet- ing.............................................4778 Proposed Rulemaking Water Resource Advisory Committee special meet- Fishing in Lake Erie and boundary lakes...........4724 ing.............................................4778 Issuing agents; Boating Safety Education Certifi- DEPARTMENT OF GENERAL SERVICES cates ...........................................4726 Notices GAME COMMISSION Contract awards ..................................4801 Rules and Regulations State contracts information........................4797 Hunting and trapping; big game ................... 4711 DEPARTMENT OF HEALTH Hunting and trapping; crossbow ...................4712 Muzzleloading ....................................4714 Notices Sale of wildlife and wildlife parts ..................4715 Applications for exception: State game land roads; disabled persons ...........4709 Aliquippa Community Hospital ..................4778 Bon Secours-Holy Family Hospital ...............4779 GOVERNOR’S OFFICE Pittsburgh Mercy Health System ................4779 Notice Suburban Gastroenterology Associates ...........4779 Governor’s Commission on Abandoned Mine Voids Patient Safety Authority meeting ..................4780 and Mine Safety; public hearing .................4787 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 32, NO. 39, SEPTEMBER 28, 2002 4680 HOUSING FINANCE AGENCY MILK MARKETING BOARD Notices Notices Availability of funding through the transitional as- Correction to hearing and presubmission schedule; sistance for needy families program funds for milk marketing area no. 2.......................4791 agency-administered housing initiatives ..........4788 Correction to hearing and presubmission schedule; INDEPENDENT REGULATORY REVIEW milk marketing area no. 3.......................4791 COMMISSION Hearing and presubmission schedule; milk market- Notices ing area no. 5 ..................................4792 Actions taken by the Commission ..................4788 Hearing and presubmission schedule; milk market- Notice of comments issued ........................4789 ing area no. 6 ..................................4792 Notice of filing of final rulemakings ................4789 PENNSYLVANIA PUBLIC UTILITY COMMISSION INSURANCE DEPARTMENT Proposed Rulemaking Notices Advance notice of proposed rulemaking order .......4727 American Risk Management, Inc.; prehearing ......4789 Application for health maintenance organization Notices certificate of authority ..........................4790 Service of notice of motor carrier applications.......4793 Gaskins, William B.; prehearing ...................4790 Tentative orders ..................................4794 Review procedure hearings; cancellation or refusal Verizon Pennsylvania, Inc. petition and plan for of insurance ....................................4790 alternative form of regulation under Chapter 30; UPMC; filing 2-EXP2003 ..........................4791 2000 biennial update to network modernization LIQUOR CONTROL BOARD plan; doc. no. P-00930715F0002..................4795 Notices Water service (4 documents) ................. 4795, 4796 Expiration of leases ...............................4791 PENNSYLVANIA BULLETIN, VOL. 32, NO. 39, SEPTEMBER 28, 2002 4681 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