April 24, 2010 (Pages 2077-2232)

April 24, 2010 (Pages 2077-2232)

Pennsylvania Bulletin Volume 40 (2010) Repository 4-24-2010 April 24, 2010 (Pages 2077-2232) Pennsylvania Legislative Reference Bureau Follow this and additional works at: https://digitalcommons.law.villanova.edu/pabulletin_2010 Recommended Citation Pennsylvania Legislative Reference Bureau, "April 24, 2010 (Pages 2077-2232)" (2010). Volume 40 (2010). 17. https://digitalcommons.law.villanova.edu/pabulletin_2010/17 This April 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 40 (2010) by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. Volume 40 Number 17 Saturday, April 24, 2010 • Harrisburg, PA Pages 2077—2232 See Part II page 2211 Part I for the Environmental Quality Board’s Agencies in this issue Dam Safety and Waterway Management The Courts Delaware River Basin Commission Department of Banking Department of Environmental Protection Department of Health Department of Labor and Industry Department of Public Welfare Department of Revenue Department of Transportation Environmental Quality Board Executive Board Independent Regulatory Review Commission Insurance Department Pennsylvania Gaming Control Board Pennsylvania Municipal Retirement Board Pennsylvania Public Utility Commission State Board of Chiropractic State Board of Social Workers, Marriage and Family Therapists and Professional Counselors State Conservation Commission Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER Latest Pennsylvania Code Reporters (Master Transmittal Sheets): No. 425, April 2010 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 ௠ 2010 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. 2079 CONTENTS THE COURTS Notices Application for lease of right-of-way .............. 2193 DISCIPLINARY BOARD OF THE SUPREME COURT Finding ......................................... 2193 Notice of administration suspension .............. 2085 Planting and harvesting season under the motor carrier regulations ............................ 2193 EXECUTIVE AGENCIES ENVIRONMENTAL QUALITY BOARD Proposed Rulemaking DELAWARE RIVER BASIN COMMISSION Clarks Creek, et al.; stream redesignation ........ 2122 Notices EXECUTIVE BOARD Meeting and public hearing ...................... 2139 Statements of Policy DEPARTMENT OF BANKING Reorganization of the: Notices Department of Transportation .................. 2135 Actions of applications (2 documents) ........ 2142, 2143 Office of Inspector General ..................... 2135 Maximum lawful rate of interest for residential State Civil Service Commission ................ 2135 mortgages for the month of May 2010 .......... 2144 INDEPENDENT REGULATORY REVIEW DEPARTMENT OF ENVIRONMENTAL PROTECTION COMMISSION Proposed Rulemaking Notices Dam safety and waterway management ........... 2211 Action taken by the Commission ................. 2194 Notices Notice of comments issued ....................... 2195 Applications, actions and special notices .......... 2144 Notice of filing of final rulemakings .............. 2202 Bid opportunity (3 documents) ................... 2190 INSURANCE DEPARTMENT Board of Coal Mine Safety; change of meeting date ...........................................2191 Notices Certificate Program Advisory Committee; meeting Application for the merger of Westchester Fire cancellation ................................... 2191 Insurance Company with and into Ace Indemnity Pennsylvania Energy Development Authority $16 Insurance Company ........................... 2203 million funding opportunity available ........... 2191 Application and request for a certificate of authority to provide a continuing care retirement commu- DEPARTMENT OF HEALTH nity by South Western Alpha Housing and Health Notices Care, Inc. ..................................... 2203 Long-term care nursing facilities; requests for ex- Insurance coverages or risks eligible for export by ceptions ...................................... 2191 Insurance Commissioner ....................... 2203 Newborn Screening and Follow-Up Program Techni- McQuiston Oil; hearing .......................... 2204 cal Advisory Board meeting .................... 2192 Review procedure hearings under the Unfair Insur- Traumatic Brain Injury Advisory Board meeting . 2192 ance Practices Act ............................. 2204 DEPARTMENT OF LABOR AND INDUSTRY PENNSYLVANIA GAMING CONTROL BOARD Notices Rules and Regulations Uniform Construction Code (UCC) Review and Advi- Table game general provisions, equipment and sory Council; meeting scheduled ................ 2192 Craps and Mini-Craps ......................... 2088 DEPARTMENT OF PUBLIC WELFARE PENNSYLVANIA MUNICIPAL RETIREMENT BOARD Proposed Rulemaking Revisions to the special allowance for supportive Notices services requirements; Road to Economic Self- Hearing scheduled .............................. 2205 sufficiency through Employment and Training PENNSYLVANIA PUBLIC UTILITY COMMISSION (RESET) Program .............................. 2111 Notices DEPARTMENT OF REVENUE Service of notice of motor carrier applications ..... 2205 Notices Telecommunications ............................. 2206 Pennsylvania Super 7 Terminal-Based lottery Telecommunications services ..................... 2206 game ......................................... 2192 Water service ................................... 2206 DEPARTMENT OF TRANSPORTATION STATE BOARD OF CHIROPRACTIC Rules and Regulations Proposed Rulemaking Intrastate Motor Carrier Safety Requirements .... 2106 Assistance of unlicensed supportive personnel ..... 2128 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 40, NO. 17, APRIL 24, 2010 2080 STATE BOARD OF SOCIAL WORKERS, MARRIAGE STATE CONSERVATION COMMISSION AND FAMILY THERAPISTS AND PROFESSIONAL Notices COUNSELORS Action on Odor Management Plans for concentrated Proposed Rulemaking animal operations, and concentrated animal feed- ing operations and volunteers complying with Licensure by endorsement; hours of supervised clin- Pennsylvania’s Facility Odor Management ical experience ................................ 2131 Program ...................................... 2206 PENNSYLVANIA BULLETIN, VOL. 40, NO. 17, APRIL 24, 2010 2081 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

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