Pennsylvania Bulletin Volume 43 (2013) Repository 1-12-2013 January 12, 2013 (Pages 203-290) Pennsylvania Legislative Reference Bureau Follow this and additional works at: https://digitalcommons.law.villanova.edu/pabulletin_2013 Recommended Citation Pennsylvania Legislative Reference Bureau, "January 12, 2013 (Pages 203-290)" (2013). Volume 43 (2013). 2. https://digitalcommons.law.villanova.edu/pabulletin_2013/2 This January 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 43 (2013) by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. Volume 43 Number 2 Saturday, January 12, 2013 • Harrisburg, PA Pages 203—290 Agencies in this issue The General Assembly The Courts Department of Banking and Securities Department of Conservation and Natural Resources Department of Environmental Protection Department of General Services Department of Labor and Industry Department of Public Welfare Department of Revenue Department of Transportation Executive Board Insurance Department Milk Marketing Board Patient Safety Authority Pennsylvania Public Utility Commission Susquehanna River Basin Commission Detailed list of contents appears inside. Latest Pennsylvania Code Reporters (Master Transmittal Sheets): No. 458, January 2013 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 ௠ 2013 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. 205 CONTENTS THE GENERAL ASSEMBLY DEPARTMENT OF LABOR AND INDUSTRY Notices COMMISSION ON SENTENCING Current Prevailing Wage Act debarments............ 276 Meetings scheduled ................................ 209 2013 public meeting schedule....................... 209 DEPARTMENT OF PUBLIC WELFARE Statements of Policy Clarifying the applicability of 55 Pa. Code Chapter THE COURTS 6400 to private homes............................ 222 LOCAL COURT RULES DEPARTMENT OF REVENUE Bucks County Notices Fees of clerk of orphans’ court division; administra- Pennsylvania Extreme Green instant lottery game . 276 tive order no. 66 ................................. 212 Pennsylvania Pot O’ Gold ’13 instant lottery game . 280 Fees of register of wills; administrative order no. 67 . 214 Pennsylvania Tic-Tac-Luck instant lottery game ..... 284 RULES OF CRIMINAL PROCEDURE DEPARTMENT OF TRANSPORTATION Proposed adoption of Pa.R.Crim.P. 574 and proposed Notices amendment of comment to Pa.R.E. 802............ 210 Requests for modification or inclusion of funding for public use airport projects in the 2014 Four Year RULES OF EVIDENCE Plan ............................................ 286 Proposed adoption of Pa.R.Crim.P. 574 and proposed amendment of comment to Pa.R.E. 802............ 210 EXECUTIVE BOARD Statements of Policy Reorganization of the Governor’s Office of the EXECUTIVE AGENCIES Budget .......................................... 220 INSURANCE DEPARTMENT DEPARTMENT OF BANKING AND SECURITIES Notices Notices Request to surrender a certificate of authority to Actions on applications (2 documents) ...........223, 224 provide a continuing care retirement community DEPARTMENT OF CONSERVATION AND NATURAL by SHP III East Norriton, LLC ................... 287 RESOURCES Review procedure hearings; cancellation or refusal of insurance ..................................... 287 Notices Community Conservation Partnerships Program MILK MARKETING BOARD Grants; schedule of grant workshops .............. 225 Rules and Regulations Conservation and Natural Resources Advisory Electronic methods for testing milk for fat content . 216 Council meeting ................................. 226 Transactions between dealers and producers......... 216 Proposed exchange of property...................... 226 PATIENT SAFETY AUTHORITY Revisions to schedule of prices for State Parks....... 226 Notices DEPARTMENT OF ENVIRONMENTAL PROTECTION Public meeting .................................... 287 Notices PENNSYLVANIA PUBLIC UTILITY COMMISSION Applications, actions and special notices............. 228 Notices Bid opportunity.................................... 276 Service of notice of motor carrier applications........ 288 DEPARTMENT OF GENERAL SERVICES SUSQUEHANNA RIVER BASIN COMMISSION Notices Notices Real estate for lease ............................... 276 Actions taken at December meeting ................. 288 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 43, NO. 2, JANUARY 12, 2013 206 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 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