262 Regulatory agenda?

GOVERNOR'S OFFICE

Regulatory Agenda

[42 Pa.B. 879]
[Saturday, February 11, 2012]

 Executive Order 1996-1 requires all agencies under the jurisdiction of the Governor to submit for publication an agenda of regulations under development or consideration. The following is the 32nd publication of the Administration's regulatory agenda, grouped by agency. Subsequent agendas will be published on the first Saturdays in February and July.

 The agendas are compiled to provide members of the regulated community advanced notice of regulatory activity. It is the intention of the Administration that these agendas will serve to increase public participation in the regulatory process.

 Agency contacts should be contacted for more information regarding the regulation and the procedure for submitting comments.

 This Agenda represents the Administration's present intentions regarding future regulations. The nature and complexity of an individual regulation obviously will determine whether and when any particular regulation listed below (as well as any considered subsequent to publication of this Agenda) is published.

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
ADMINISTRATION
No regulations being developed or considered at this time.
AGING
PA Code Title VI Chapter 15 Protective Services for Older Adults	December 2012, as proposed.	The Older Adults Protective Services Act is under review in light of current interest in enhancing protections for vulnerable Pennsylvanians, the decision of the PA Supreme Court in Nixon et al. v. Commonwealth, et al. (which found the current protective services law to be unconstitutional) and numerous technical and administrative provisions that need to be revised. Regulations are routinely being reviewed as numerous pieces of pending legislation are being considered in addition to this omnibus proposal.	Denise Getgen [phone]
PA Code Title VI Chapter 23 Long-Term Care Ombudsman Program	June 2012, as proposed.	The Department wishes to promulgate regulations for the Long-Term Care Ombudsman program in order to bring it into conformity with national standards.	Bob McNamara [phone]
AGRICULTURE
Domestic Animal 7 Pa. Code Chapter 2, 3, and 16	December 2012, as proposed.	The long-term project is intended to update the Department's Regulatory authority to make it more consistent with the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301—2389).	Craig E. Shultz, DVM, Director [phone]
Cervidae 7 Pa. Code Chapter 18	July 2012, as proposed.	Act 190 of 2002 amended the Domestic Animal Law to require the Department to license and regulate Cervidae livestock operations. Act 51 of 2006 further amended the requirements for Cervidae livestock operations. (3 Pa.C.S. §§ 2303—2380.9).	Craig E. Shultz, DVM, Director [phone]
Animal Exhibition Sanitation 7 Pa. Code Chapter 20a	July 2012, as proposed.	Act 211 of 2002 requires the Department to enforce sanitation requirements at animal exhibitions, and to regulate as necessary to meet this requirement. (3 Pa.C.S. §§ 2501—2504).	Craig E. Shultz, DVM, Director [phone]
Biofuels 70 Pa. Code Chapter 11	October 2012, as proposed.	Act 78 of 2008 (the Biofuel Development and In-State Production Incentive Act) is currently being amended by the legislature. The Department has proposed regulations ready for submission but, will wait to see the final version of the amended Act.	Walt Remmert [phone]
Weights and Measures Regulations 70 Pa. Code Chapters 1—101	July 2012, as proposed	This long-term project is intended to update the Department's regulations authorized by the Consolidated Weights and Measures Act.	John Dillabaugh [phone]
Harness Racing Commission 58 Pa. Code Chapters 181, 183, 185 and 186—190	July 2012, as proposed.	This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in harness racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 181, 183, 185, and 186—190, including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health, and medication, wagering, due process and disciplinary action.	Jorge Augusto [phone]
Horse Racing Commission 58 Pa. Code Chapters 161, 163, 165, 167, 169, 171 and 173	July 2012, as proposed.	This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in thoroughbred horse racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 161, 163, 165, 167, 169, 171, and 173 including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health and medication, wagering, due process and disciplinary action.	Jorge Augusto [phone]
Commercial Feed Rules and Regulations 7 Pa. Code Chapter 71	July 2012, as proposed.	This regulation will replace 7 Pa. Code Chapter 71 and implement provisions of 3 Pa.C.S. §§ 5101—5115 (Commercial Feed Act)	Erin Bubb [phone]
Pet Food Rules and Regulations 7 Pa. Code Chapter 72	July 2012, as proposed.	This regulation will replace 7 Pa. Code Chapter 72 and implement provisions of 3 Pa.C.S. §§ 5101—5115 (Commercial Feed Act)	Erin Bubb [phone]
Clean and Green Regulations 7 Pa. Code Chapter 137b	June 2012, as proposed.	This regulation will address statutory changes made by Act 235 of 2004, Act 88 of 2010 and Act 109 of 2010 and will otherwise update the current regulations.	Douglas Wolfgang [phone]
Agricultural Conservation Easement Purchase Program Regulations 7 Pa. Code Chapter 138e	June 2012, as proposed.	This regulation will address statutory changes made by Act 61 of 2005 and Act 46 of 2006, and will otherwise update the current regulations.	Douglas Wolfgang [phone]
PA Food Code 7 Pa. Code Chapter 46	April 2012, as proposed.	This regulation will amend 7 Pa. Code Chapter 46 to make this Chapter consistent with the Retail Food Facility Safety Act and the Food Safety Act.	Lydia Johnson [phone]
BANKING
Annual Assessment Regulation	Late 2012, still in formulation	Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A.	Carter D. Frantz Chief Counsel
Regulation governing continuing education under the Debt Management Services Act.	Early 2012, As proposed	Required pursuant to 63 P. S. § 2409.	Carter D. Frantz Chief Counsel
BOARD OF PARDONS
No regulations being developed or considered at this date.
COMMUNITY & ECONOMIC DEVELOPMENT
No regulations being developed or considered at this date.
COMMISSION ON CRIME AND DELINQUENCY
37 Pa. Code Chapter 431 Constables' Education and Training Board	April 2012, as Final	The purpose of this regulation is to eliminate any waivers of the firearms portion of the basic training course, preclude any constable under the age of 21 from participating in the firearms portion of the basic training course and to require a constable who fails a first and second examination in the basic training course bear the financial responsibility for a second or third basic training. The proposed rulemaking also eliminates the 10mm caliber firearm from the firearms training course. Recent statutory changes have necessitated updates to the regulations.	John Pfau [phone]
CONSERVATION & NATURAL RESOURCES
State Forests (Chapter 21)	March 2012, Publish proposed rulemaking	A number of provisions in this chapter need to be clarified and updated. The State Forest Picnic Area chapter (23) will be incorporated into this chapter to eliminate duplication and for ease of reference. Legal basis: Sections 302, 313, 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313, and 1340.502)	Matt Beaver, [phone] Susan Wood, Esq. [phone]
State Forest Picnic Areas (Chapter 23)	March 2012, Publish proposed rulemaking	The provisions of this chapter will be incorporated into Chapter 21 (State Forests) for purposes of simplification and ease of reference. Legal basis: Sections 302, 313, 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313, and 1340.502)	Matt Beaver, [phone] Susan Wood, Esq. [phone]
Conservation of Pennsylvania Native Wild Plants (Chapter 45)	April 2012, Publish proposed rulemaking	Major purpose of rulemaking is to update the lists of native wild plants within the classifications and change the beginning date of the ginseng harvest season from Aug. 1 to Sept. 1. Legal basis: Section 7 of the Wild Resource Conservation Act (32 P. S. § 5307); and Section 313 of the Conservation and Natural Resources Act (71 P. S. § 1340.313).	Ellen Shultzabarger [phone] Susan Wood, Esq. [phone]
CORRECTIONS
Revisions to 37 Pa. Code Chapter 93	July 2012, as proposed	The Motivational Boot Camp regulations are being revised to eliminate unnecessary staffing provisions.	Timothy Holmes [phone]
Amendments to 37 Pa. Code § 94.2	August 2012, as proposed	The inmate correspondence regulations will be revised to clarify definitions and procedures for incoming inmate mail	Randall N. Sears [phone]
Amendments to 37 Pa. Code § 94.4	July 2012, as Proposed	The Amendment will restrict the ability of individuals to purchase items from outside the institution for inmates.	Randall N. Sears [phone]
EDUCATION
Standards for Approved Private Schools 22 Pa. Code Chapter 171 Subchapter C	Fall 2012, as final.	These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). These standards contain general provisions and allowable expenses and costs. The standards are promulgated under the Authority of the Public School Code of 1949, as amended, PL 30, No. 14, March 16, 1949, P. S. §§ 1-101, et. seq.	John Tommasini [phone]
State Board of Education 22 Pa. Code Chapter 10	February 2012, as final omitted	As directed by Act 104 of 2010, the State Board of Education will promulgate new regulations that set forth a model memorandum of understanding between school entities and local police departments; establish protocol for notifying police when certain offenses occur on school property; establish protocol for emergency and non-emergency response by the police; and establish procedures and protocols for the response and handling of students with disabilities.	Karen Molchanow [phone]
State Board of Private Licensed Schools 22 Pa. Code Chapter 73	Spring 2012, as proposed.	These regulations define the requirements for obtaining licensure or registration and for operating as a Private Licensed School. The regulations also define the investigatory and hearing process for enforcement of statutory and regulatory requirements. The Board plans to update the regulations which were promulgated in 1988 to reflect inflation and to address certain issues that have arisen during that time. The regulations are promulgated under the authority of the Private Licensed Schools Act (24 P. S. §§ 6501, et. seq.)	Patricia Landis [phone]
State Board of Education 22 Pa. Code Chapter 4	September 2012, as proposed.	These regulations establish rigorous academic standards and assessments to facilitate the improvement of student achievement and to provide parents and communities a measure by which school performance can be determined. The regulations are promulgated under the authority of the Public School Code of 1949, 24 P. S. §§ 26-2603-B and 2604-B.	Karen Molchanow [phone]
EMERGENCY MANAGEMENT AGENCY
Chapter 113. Volunteer Fire Company, Ambulance Service, and Rescue Squad Assistance Chapter 114 Volunteer Fire Company and Volunteer Ambulance Service Grant	June 2012, as proposed	35 Pa.C.S. 7385 (c)—The Volunteer Loan Assistance Program regulations found in 4 Pa. Code Ch. 113 (relating to volunteer fire company, ambulance service and rescue squad assistance) are hereby transferred to the commissioner from the agency. The commissioner shall fully implement and administer those regulations on or before January 12, 1996. The commissioner may be substituted for the agency throughout the regulations and the regulations may be renumbered and published in the Pennsylvania Bulletin as final regulations without those regulatory changes being subject to the provisions of the act of June 25, 1982 (P. L. 633, No. 181), known as the regulatory review act.	Vince Hudock [phone]
ENVIRONMENTAL HEARING BOARD
PA Code Title 25 Chapter 1021 Practice and Procedure	The Environmental Hearing Board intends to propose corrections to existing rules in 2012.	The Environmental Hearing Board intends to correct an omission in the language of 25 Pa. Code § 1021.51 which was amended in 2009, and eliminate its rules pertaining to the Costs Act which has expired.	Maryanne Wesdock [phone]
ENVIRONMENTAL PROTECTION
Noncoal Program Noncoal Surface Mining Conservation and Reclamation Act 25 Pa. Code Chapter 77.	Fall 2012, as proposed	This rulemaking includes revisions to Chapter 77 (Noncoal Mining) that govern the licensing of mine operators and permitting of mines of minerals other than coal. Specific areas for revision include clarification of permit application requirements including hydrologic data requirements.	Bill Allen [phone] [e-mail]
Water Supply Replacement Surface Mining Conservation and Reclamation Act 25 Pa. Code Chapters 87 and 88	Summer 2012, as proposed	This rulemaking includes revisions to Chapters 87 and 88, which will clarify what is necessary to meet the coal mine operator's obligation to permanently pay the operation and maintenance costs for replacement water supplies.	Greg Shuler [phone] [e-mail]
Remining Requirements (Subchapters F and G Revisions) Surface Mining Conservation and Reclamation Act, 25 Pa Code Chapters 86 and 88	Summer 2012, as proposed	The rulemaking includes amendments to remining requirements in Chapters 86 and 88 (Subchapters F and G) in order to reflect changes enacted in EPA regulations.	Keith Brady [phone] [e-mail]
Federal Office of Surface Mining (OSM) Program Consistency Updates Surface Mining Conservation and Reclamation Act, 25 Pa. Codes Chapters 86, 89, and 90	Summer 2012, as proposed	The regulatory package will include amendments to clarify the definition of ''mining activities'' in Chapter 86 effluent limits for passive treatment systems to comply with Federal regulations; and updates to Chapter 90 coal refuse site selection regulations to comply with the revised Coal Refuse Disposal Control Act.	Bill Allen [phone] [e-mail]
Noncoal Mining Fees Noncoal Surface Mining Conservations & Reclamation Act 25 Pa Code Chapter 77	Summer 2012, as final	The rulemaking includes amendments to 25 Pa Code Chapter 77 in order to implement fees to support the Noncoal Mining Program.	Bill Allen [phone] [e-mail]
Coal Mining Permit Fees Surface Mining Conservation and Reclamation Act, 25 Pa. Code Chapter 86	Summer 2012, as final	The rulemaking increases permit application fees to support program activities.	Bill Allen [phone] [e-mail]
Areas Unsuitable for Surface Mining Surface Mining Conservation and Reclamation Act, 2 5 Pa. Code Chapter 86	Fall 2012, as proposed	The rulemaking includes amendments to Chapter 86 to designate coal seams within Big Run watershed, Graham Township, Clearfield County, as unsuitable for surface mining operations. The regulations results from a petition submitted to the Environmental Quality Board by Graham Township Supervisors, which requested that the Big Run drainage be designated as unsuitable for surface mining operations.	Geoff Lincoln [phone] [e-mail]
Handling and Use of Explosives Explosives Act of 1937; The Administrative Code of 1929; Reorganization Plan No. 2 of 1975; Reorganization Plan No. 8 of 1981; Surface Mining Conservation and Reclamation Act; and Noncoal Surface Mining Conservation and Reclamation Act 25 Pa. Code Chapter 211	Spring 2012, as proposed	The rulemaking will revise current explosive regulations to address blasting activities relating to seismic exploration. The rulemaking will also update explosives use requirements, enforcement authority and eliminate antiquated requirements.	Rick Lamkie [phone] [e-mail]
Oil & Gas Well Program Oil and Gas Act 25 Pa. Code Chapter 78 Subchapter C	Winter 2012, as proposed	This rulemaking includes revisions to Chapter 78 (Oil and Gas) subchapter C, regulating all surface activities associated with Oil and Gas exploration and development, including; changes to PPC planning, production fluid control, storage, disposal and containment in pits/tanks, liner standards for centralized impoundments, disposal of drill cuttings and residual wastes, secondary containment, site restoration, pipelines, water management plans, reporting releases and road spreading of brine.	Scott Perry [phone] [e-mail]
Oil & Gas Well Program Oil and Gas Act 25 Pa. Code Chapter 78 Subchapter D	Fall 2012, as proposed	The rulemaking includes revisions to Chapter 78 (Oil and Gas) Subchapter D, regulating the drilling, casing, cementing, completion, operation, production, plugging and other subsurface activities associated with Oil and Gas exploration and development, including revisions to well plugging procedures, venting, alternative methods, and to address the plugging of unconventional wellbore laterals and coal bed methane wells.	Scott Perry [phone] [e-mail]
Underground Coal Mine Safety Automated External Defibrillators Bituminous Coal Mine Safety Act 25 Pa Code Chapter 208	Spring 2012, as final	The rulemaking establishes safety standards relating to Automated External Defibrillators in underground bituminous coal mines.	Joseph Sbaffoni [phone] [e-mail]
Underground Coal Mine Safety Bituminous Coal Mine Safety Act 25 Pa Code Chapter 208	Spring 2012, as proposed	This rulemaking adopts by reference, with certain modifications, the MSHA regulations (30 CFR Part 75) for a high voltage continuous mining machine standard for underground bituminous coal mines.	Joseph Sbaffoni [phone] [e-mail]
Underground Coal Mine High Voltage Continuous Mining Machine Standards for Underground Coal Mines Bituminous Coal Mine Safety Act 25 Pa. Code Chapter 208	Fall 2012, as proposed	This rulemaking adopts by reference, with certain modifications, the MSHA regulations (30 CFR Part 75) for a high voltage continuous mining machine standard for underground bituminous coal mines.	Joseph Sbaffoni [phone] [e-mail]
Underground Coal Mine Safety Maintenance of Incombustible Content of Rock Dust in Underground Coal Mines Bituminous Coal Mine Safety Act 25 Pa. Code Chapter 208	Fall 2012, as proposed	This rulemaking adopts by reference, with certain modifications, the MSHA regulations (30 CFR Part 75) for maintenance of incombustible content of rock dust in underground bituminous coal mines.	Joseph Sbaffoni [phone] [e-mail]
Water Quality Standards Review Clean Streams Law 25 Pa. Code Chapters 93 and 16	Winter 2012, as proposed	The proposed rulemaking will include revisions to the Commonwealth's water quality criteria and standards in Chapters 93 and 16 to reflect the latest scientific information and Federal guidelines for criteria development, as required by the triennial review requirements in the Federal Clean Water Act.	Tom Barron [phone] [e-mail]
Dam Safety and Waterways Management Fees Dam Safety and Encroachments Act and Clean Streams Law 25 Pa. Code Chapter 105	Winter 2012, as proposed	The purpose of this proposed rulemaking package is to amend existing regulations at 25 Pa. Code, Chapter 105 to update existing fees and include additional fees for activities performed by the Department. The fees have not been increased since 1991.	Sidney Freyemuth [phone] [e-mail]
HEDD- High Electric Demand Days Air Pollution Control Act 25 Pa. Code Chapters 121 and 129	Fall 2012, as proposed	The proposed rulemaking would amend 25 Pa Code Chapter 129 to limit emissions of nitrogen oxides (NOx) from electric generating units (EGUs) and emergency generator sets used during non-emergency periods that operate less than 1200 hours per Ozone Season and generate electricity during periods of peak electric demand, including high electric demand days (HEDD), which frequently coincide with periods of high ground-level ozone concentrations. Amendments to § 121.1 (relating to definitions) would also be made to support the proposed amendments to Chapter 129.	Susan Hoyle [phone] [e-mail]
Sulfur Limits in Commercial Fuel Oil Air Pollution Control Act 25 Pa Code Chapters 121 and 123	Summer 2012, as final	The final rulemaking amends 25 Pa. Code § 123.22 (relating to combustion units) to lower the maximum allowed percent sulfur content in commercial fuel oil sold for and used in combustion until in this Commonwealth, to further limit the emissions of sulfur dioxide (SO2) from these sources. Amendments to § 121.1 (relating to definitions) will also be made to support the final amendments to § 123.22. The final rulemaking will ensure consistency with the State Implementation Plan revision submitted by Pennsylvania to meet reasonable progress goals for reducing regional haze.	Susan Hoyle [phone] [e-mail]
Flexible Packaging Printing Presses and Offset Lithographic and Letterpress Printing Presses Air Pollution Control Act 25 Pa. Code Chapter 121 and 129	Summer 2012, as proposed	The proposed rulemaking would amend 25 Pa. Code Chapter 129 (relating to standards for sources) to add requirements to reduce the emissions of volatile organic compounds (VOCs) from flexible packaging printing presses and offset lithographic printing and letterpress printing presses to meet the Clean Air's Act's ''reasonably available control measures'' requirement for ozone nonattainment areas. The proposal would amend §§ 129.51 and 129.67 (relating to general; and graphic arts systems) and add §§ 129.67a and 129.67b (relating to control of VOC emissions from flexible packaging printing presses; and control of VOC emissions from offset lithographic printing presses and letterpress printing presses). Amendments to § 121.1 (relating to definitions) would also be made to support the proposed amendments to Chapter 129.	Susan Hoyle [phone] [e-mail]
Repeal of Employer Trip Reduction Air Pollution Control Act 25 Pa. Code Chapter 126, Subchapter B	Winter 2012, as final-omitted	This final omitted-rulemaking would repeal the employer trip reduction (ETR) regulations in Chapter 126, Subchapter B (relating to employer trip reduction). The ETR program was originally mandated by the 1990 Amendments of the Clean Air Act. In 1994, the PA General Assembly enacted Act 95 of 1994 suspending the implementation and enforcement of the program because of disproportionate economic costs. Congress has since enacted legislation authorizing states to implement alternative programs.	Susan Hoyle [phone] [e-mail]
Repeal of Portable Fuel Containers Air Pollution Control Act 25 Pa. Code Chapter 130, Subchapter A	Winter 2012, as final-omitted	This final-omitted rulemaking would repeal the portable fuel container (PFC) regulations in Chapter 130, Subchapter A (relating to portable fuel containers). This regulation was promulgated at 32 Pa.B. 4819 (October 5, 2002). The United States Environmental Protection Agency subsequently adopted more stringent measures in February 2007 rendering this regulation unnecessary.	Susan Hoyle [phone] [e-mail]
Repeal of St. Joe Resources Company Air Pollution Control Act 25 Pa. § 128.21	Winter 2012, as final-omitted	This final-omitted rulemaking would repeal the alternative compliance standard found at § 128.21 (relating to St. Joe Resources Company; Potter Township, Beaver County, Pennsylvania) Section 128.21 was promulgated at 16 Pa.B. 521 (February 22, 1986). The alternative compliance standard has been superseded by Federally enforceable permit conditions. The standard in § 128.21 is no longer applicable.	Susan Hoyle [phone] [e-mail]
Emissions of Particulate Matter Air Pollution Control Act 25 Pa. § 139.12	Spring 2012, as proposed	The proposed rulemaking would amend 25 Pa. Code § 139.12 (relating to emissions of particulate matter) to reflect changes in Federal test method requirements. The Environmental Quality Board amended § 139.12 at 27 Pa.B. 6804 (December 27, 1997) to require source testing only for filterable particulate matter. The United States Environmental Protection Agency has revised the source of test method (Method 202) to require the testing of both filterable and condensable particulate matter for purposes of emission inventories and new source review applicability determinations. Other clarifying amendments to Chapter 139 (relating to sampling and testing) would also be proposed for timeliness of reporting requirements.	Susan Hoyle [phone] [e-mail]
Amendments for the Control of Major Sources of NOx and VOCs Air Pollution Control Act 25 Pa. Code Chapter 129	Summer 2012, as proposed	The proposed rulemaking would amend the Reasonably Available Control Technology Requirements for major NOx- and VOC-emitting stationary sources; the proposal would not apply to major VOC-emitting facilities subject to Federal Control Technique Guidelines adopted by the Board as final rulemakings.	Susan Hoyle [phone] [e-mail]
Transport Rule NOx and SO2 Trading Programs Air Pollution Control Act 25 Pa Code Chapter 145	Spring 2012, as proposed	The proposed rulemaking would add a Subchapter E to Chapter 145 to establish the Commonwealth's allowance allocation provisions for the Environmental Protection Agency (EPA) Transport Rule (TR) nitrogen oxides (NOx) Annual Trading Program, TR NOx Ozone Season Trading Program and TR Sulfur dioxides (SO2) Group 1 Trading Program as a means of mitigating the interstate transport of fine particulates and ozone, and their precursors, NOx and SO2. The TR identifies emission reduction responsibilities of upwind states, and also promulgates enforceable Federal Implementation Plans (FIPs) to achieve the required emission reductions in each state through cost effective and flexible requirements for power plants. Each state has the option of replacing FIPs with State rules approved as part of the State Implementation Plan (SIP). States are only allowed to change the methodology by which responsibility for achieving the required emissions reductions is allocated among subject units. The proposed rulemaking would affect fossil fuel fired electric generating units (EGUs) with a rated capacity of greater than 25 megawatts and subject to the applicability provisions of the TR in 40 CFR 97.404, 97.504, and 97.604. If adopted as a final-form regulation, the amendments will be submitted to the EPA as a revision to the SIP.	Susan Hoyle [phone] [e-mail]
Air Quality Plan Approval and Operating Permit Fees Air Pollution Control Act 25 Pa. Code Chapters 127 and 139	Spring 2012, as proposed	The proposed rulemaking would: amend existing requirements and fees codified in 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval and operating permit fees); add new categories of fees to Chapter 127, Subchapter I, to address modifications of existing plan approvals and requests for determination of whether a plan approval is required; add a new section to address fees for risk assessment applications; amend the existing emission fee paid by the owner or operator of a Title V facility; and add Subchapter D (relating to testing, auditing and monitoring fees) to Chapter 139 (relating to sampling and testing) to add new categories of fees and to establish a fee schedule to address Department-performed source testing and auditing and monitoring activities for continuous emission monitoring systems (CEMS).	Dean Van Orden [phone] [e-mail]
Control of VOC Emissions from Miscellaneous Metal Parts and Plastic Parts Surface Coating Processes, Automobile and Light-duty Truck Assembly Surface Coating Processes and Fiberglass Boat Manufacturing Processes, and Amendments to Mobile Equipment Repair and Refinishing Air Pollution Control Act 25 Pa. Code Chapters 121 and 129	Summer 2012, as proposed	The proposed rulemaking would amend the existing surface coating regulations under 25 Pa. Code Chapter 129 (relating to standard for sources) to further replace the emissions of volatile organic compounds (VOCs) from miscellaneous metal parts and plastic parts surface coating processes, automobile and light-duty truck assembly surface coating processes and fiberglass boat manufacturing processes to meet the Clean Air Act (CAA) ''reasonably available control measures'' including ''reasonably available control technology'' (RACT), requirements for ozone nonattainment areas. The proposed rulemaking would amend the existing surface coating regulations in 25 Pa. Code § 129.75 (relating to mobile equipment repair and refinishing) to coordinate emission limits and work practice requirements of the CAA RACT for automobiles and light-duty trucks and the Ozone Transport Commission model rule requirements for motor vehicle and mobile equipment non-assembly line coating operations. Amendments to 25 Pa. Code § 121.1 (relating to definitions) would also be proposed to support amendments to Chapter 129.	Susan Hoyle [phone] [e-mail]
Control of VOC Emissions from Industrial Cleaning Solvent Operations Air Pollution Control Act 25 Pa. Code Chapters 121 and 129	Summer 2012, as proposed	The proposed rulemaking would amend 25 Pa. Code § 121.1 (relating to definitions) and Chapter 129 (relating to standards for sources) to add requirements to reduce the emissions of volatile organic compounds (VOCs) from industrial cleaning solvent operating to meet the Clean Air Act (CAA) ''reasonably available control measures'' including ''reasonably available control technology'' (RACT), requirements for ozone nonattainment areas. The proposal would add 25 Pa. Code § 129.63a (relating to control of VOC emissions from industrial cleaning solvent operations) to adopt emission limits and work practice standards. The emission limits and work practice standards would be consistent with the recommendations of the United States Environmental Protection Agency (EPA) included in the corresponding industrial cleaning solvent Control Techniques Guidance (CTG). The EPA recommends applying the control recommendations to operations that emit at least 15 pounds per day (lb/day) of Voc prior to controls, which is consistent with the threshold level contained in many previous CTGs.	Susan Hoyle [phone] [e-mail]
Municipal Waste regulated Medical Amendments Solid Waste Management Act 25 Pa. Code Chapter 284	Spring 2012, as proposed	This rulemaking will amend the existing Chapter 284. This will include some definitions in Chapter 271 that will be added or amended. The term infectious waste will be replaced with the term ''regulated medical waste.'' This terminology change will be a global change. In addition to definitional changes, this proposal also includes changes to storage, transporter licensing, and manifesting requirements for regulated medical waste.	Steve Socash [phone] [e-mail]
Residual Waste Generator Amendments Solid Waste Management Act and Waste Transportation Safety Act 25 Pa. Code Chapter 287	Fall 2012, as proposed	There proposed revisions streamlined and update biennial reporting requirements, reduce the number of generators subject to biennial reporting and annual chemical analyses requirements, and eliminate submission of annual chemical analyses. The requirement for source reduction strategies is proposed for elimination.	Steve Socash [phone] [e-mail]
Radiological Health 25 Pa Code Chapters 215—240	Fall 2012, as proposed	This rulemaking will amend Pa Code Chapters 215—240 in order to incorporate by reference Federal regulations pertaining to the security of certain radioactive material; to address new x-ray technology that is not addressed in current regulations; and to include radon revisions that are not addressed in current regulations.	Joe Melnic [phone] [e-mail]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
GENERAL SERVICES
Responsibility, 4 Pa. Code Chapter 60	Spring 2012, as proposed	This chapter will be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures.	Michael C. Barrett [phone]
Committee on Construction Contract Documents, 4 Pa. Code Chapter 62	Summer 2012, as final omitted	The Procurement Code repealed the legislation creating this committee, which no longer exists.	Michael C. Barrett [phone]
Selections Committee, 4 Pa. Code Chapter 64	Summer 2012, as final omitted	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Michael C. Barrett [phone]
Emergency Construction Repairs 4 Pa. Code Chapter 67	Summer 2012, as final omitted	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Michael C. Barrett [phone]
Contract Compliance 4 Pa. Code Chapter 68, Subchapter A, Prequalification of Vendors and Non-construction Contractors	Summer 2012, as final omitted	These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system.	Michael C. Barrett [phone]
Methods of Awarding Contracts, 4 Pa. Code Chapter 69	Summer 2012, as final omitted	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Michael C. Barrett [phone]
Use of the Forum 4 Pa. Code Chapter 87	Summer 2012, as final omitted	The regulations will be amended to reflect the Department's current use of a rental agreement instead of a permit and to reflect the current organizational structure.	Michael C. Barrett [phone]
Small Business 4 Pa. Code	Winter 2012, as proposed	With the Small Business Initiative Executive Order and the Veteran-Owned Business Executive Order, we need new regulations regarding certification.	Michael C. Barrett [phone]
Exercise of First Amendment Rights/ Use of Capitol Complex 4 Pa. Code Chapter 85 and 86	Winter 2012, as proposed	We need to take the existing Statement of Policy and regulation and combine them as an amended regulation if we are to sustain DGS action in regard to protestors.	Michael C. Barrett [phone]
HEALTH
Communicable and Non-Communicable Diseases 28 Pa. Code § 27.1 et seq.	Preparing for promulgation, no date available	These regulations provide ''Disease Control Measures'' creating a better system for the prevention of communicable and non-communicable diseases. Certain communicable and non-communicable diseases represent substantial public health threats because of their potential to spread or because they represent preventable health risks. The current revision reflects the fact that new diseases are always emerging. The Department's authority to promulgate these regulations is found in the Disease Prevention Control law of 1955, 35 P. S. §§ 521.1 et seq. (the Act). Section 16(a) of the (Act 35 P. S. § 521.16 (a)) gives the Board authority to issue rules and regulations on a variety of matters related to communicable and non-communicable diseases. Section 16(b) of the Act (35 P. S. § 521.16 (b)) gives the Secretary of Health the authority to review existing regulations and make recommendations to the Board for changes that the Secretary considers to be desirable. There is also a legislative authority for specific provisions of the regulations. Administrative Code of 1929 (71 P. S. §§ 51 et seq.) (Code) Section 20102 (g) of the code (71 P. S. § 532 (g)) provides general authority for the Department to promulgate regulations.	Stephen M. Ostroff, M.D. Director of Bureau of Epidemiology Department of Health [e-mail] [phone]
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.
INFRASTRUCTURE INVESTMENT AUTHORITY
25 Pa. Code §§ 963.12(a)(6) and (7) 963.13(b)(2), 963.13(c), 963.14(a), 963.15(a), 963(15)(c), 25 Pa. Code § 965.4(9), and 25 Pa. Code § 965.7.	Spring 2012, as proposed	PENNVEST recommends the following revisions: (1) Delete 25 Pa. Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater of sludge whether the project is sponsored by a public or private actor. (2) Amend 25 Pa. Code § 963.13(c) by revising the section to provide for a amortization of advance funding loans with a term of 59 months of interest only and repayment on principal and interest on the 60th month. (3) Amend 25 Pa. Code § 963.18 increasing the current threshold for prior written approval of change orders from $25,000 to $50,000. (4) Amend 25 Pa. Code § 963.15(a) by revising the first sentence to provide for a change in the normal loan term to allow 3 years of interest only prior to principal amortization. (5) Amend 25 Pa. Code § 963.15(c)(5) to provide that maximum interest rates on loans shall be determined based upon the unemployment rate for the applicable county in the most recent calendar year for which data has been finalized as of the application cutoff date. (6) Amend 25 Pa. Code § 963.4(9) to allow for eligible land costs under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (7) Amend 25 Pa. Code § 965.7 to eliminate the requirement for a second opinion project review if the applicant is able to prove to the satisfaction of PENNVEST that no alternative methodologies are available to reduce project costs for projects with construction cost plus contingency in excess of $15 million.	Shawn W. Weis [phone]
INSURANCE
No regulations being developed or considered at this date.
LABOR AND INDUSTRY
Uniform Construction Code, Title 34, Part XIV, Bureau of Occupational and Industrial Safety	Fall 2012, Submit proposed rulemaking	Adopt updates accessibility requirements (Chapter 11 and Appendix E of the International Building Code) as required by the Pennsylvania Construction Code Act.	Edward Leister [phone]
Uniform Construction Code, Title 34, Part XIV, Bureau of Occupational and Industrial Safety	Fall 2012, Submit final-omitted rulemaking	Adopted undated provisions of the International Code Council Codes as directed by the Uniform Construction Code Review and Advisory Council, in accordance with the Pennsylvania Construction Code Act.	Edward Leister [phone]
Flammable and Combustible Liquids, Title 37, Part I, Bureau of Occupational and Industrial Safety	Fall 2012, Submit proposed rulemaking	Update the requirements for unattended self -service stations and adopt requirements for storage and dispensing of compress natural gas as vehicular fuel.	Edward Leister [phone]
Boilers and Unfired Pressure Vessels, Title 34, Chapter 3a, Bureau of Occupational and Industrial Safety	Summer 2012, Submit proposed rulemaking	Update the codes adopted to the current editions.	Edward Leister [phone]
Unemployment Compensation, Title 34, Chapter 65, Office of Unemployment Compensation Benefits	Winter 2012, Submitted Proposal Rulemaking	Implement active search for work and update refusal of work regulation	Sean Creegan [phone]
Unemployment Compensation, Title 34, Chapter 101, Board of Review	Winter 2012, Submit final-omitted in	Delete language re distance requirement in telephone regulation to conform with Act 6 of 2011	Gerard Mackarevich [phone]
Bureau of Labor Law Compliance, Title 34, Chapter 231 Minimum Wage	Summer 2012, Submit final form rulemaking with proposed rulemaking omitted	Rescind expired Food-Service Employee Incentive Program	Rich Lengler [phone]
Bureau of Labor Law Compliance, Title 34, Part XII, Chapter 225, Prohibition of Excessive Overtime in Health Care Act	Winter 2012 Submit proposed rulemaking	Regulations to establish a complaint and hearing process	Karen Galli [phone]
Bureau of Labor Law Compliance, Title 34, Chapters 83 and 84, Apprentices	Spring 2012, Submit proposed rulemaking	Amend regulations to reflect Federal requirements.	Rich Lengler [phone]
Bureau of PENNSAFE Title 34, Chapters 301—323, Worker and Community Right to Know	December 2012, Submit proposed rulemaking	Amend the PA Hazardous Substance List	Thomas Ward, Jr. [phone]
Office of Deaf and Hard of Hearing, Title 34, Chapter 501 Registration of Sign Language Interpreters and Transliterators	Fall 2012, Submit Proposed rulemaking	Amend regulations to be consistent with amendments to Sign Language Interpreter and Transliterator State Registration Act, 63 P. S. §§ 1725.1—1725.11, that were enacted in November 2010.	Sharon Behun [phone]
Bureau of Labor Law Compliance, Title 3, Chapter 231, Minimum Wage	Winter of 2012, Submit proposed rulemaking	Update regulations to be consistent with Federal regulations changes.	Richard Lengler [phone]
Workers' Compensation Appeal Board (Board), Title 34, Chapter 111, Special Rules of Administrative and Procedure Before the Board	December 2012, Submit proposed rulemaking	Revise regulations to reflect evolving procedures and technological changes.	Commissioner Alfonso Frioni, Jr. [phone]
Office of Adjudication, Title 34, Chapter 131, Special Rules of Administrative Practice and Procedure Before the Workers' Compensation Judges	December 2012, Submit proposed rulemaking	Revise regulations to reflect evolving procedures and technological changes.	Deputy Secretary Elizabeth Crum [phone]
MILITARY AND VETERANS AFFAIRS
No regulations being developed or considered at this date.
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
No regulations being developed or considered at this date.
PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY
22 Pa. Code Chapter 121 Student Financial Aid	June 2012, as Proposed	These regulations have not been updated in some time. The revisions seek to increase the transparency in regard to the processes used for financial assistance determinations.	Christine Zuzack [phone]
PROBATION AND PAROLE
Revision to 37 Pa. Code §§ 63, 65, 67, 69, 71, 73, 75, 77 ''Board of Probation and Parole''	Continues to be worked on in FY 2012	Updates to incorporate recent changes to Title 61 and emphasis on evidence based practices	Linda Laub, Acting Chief Counsel [phone]
Addition of a section to 37 Pa. Code Part II. ''Board of Probation and Parole''	Continues to be worked on in FY 2012.	Addition to address urinalysis collection as mandated by 61 Pa.C.S. § 6137(e).	Colleen Fickel, Director, Central Services, PBPP [phone] x 292
37 Pa. Code, Chapter 79 The County Probation and Parole Officers Firearms Education and Training Law 61 P. S. § 332.5(13) requires the Commission to ''make rules and regulations and to perform other duties as may be reasonably necessary or appropriate to implement the training program for county probation and parole officers.''	Expected to be submitted to IRRC by the end of 2012	Add new sections relating to ''Break in Service'' and ''Weapons Change.''	Todd Burns, Executive Director, FETC [phone] x 389
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PUBLIC WELFARE
Subsidized Child Care Eligibility 55 Pa. Code Chapter 3041	March 2012, as final omitted	This regulation amends the definition of self-employment, repeals subsidized child care special eligibility for children enrolled in a prekindergarten program and amends copayment requirements for school-age child care subsidies. This regulation is being promulgated under the authority of Act 2011-22.	Angie Logan [phone]
Subsidized Child Care Hearings, Overpayments and Absence Changes 55 Pa. Code Chapter 3041	April 2012, as final omitted	This regulation will disqualify a parent or caretaker from participation in the subsidy program if the parent signs a waiver of an administrative disqualification hearing; require the eligibility agency to refer cases of provider fraud to the Office of Inspector General; codify the overpayment notices process; and clarify the regulation related to families qualified for special eligibility in the Head Start expansion program. Changes will also include suspending payment after five days of absence, end payment of subsidy 30 days after an involuntary job loss, while allowing eligibility to continue up to 60 days after the loss of employment and establish a cap on the number of annual paid absences. This regulation is being promulgated under the authority of Act 2011-22.	Angie Logan [phone]
Subsidized Child Care Absence Changes 55 Pa. Code Chapter 168	April 2012, As final omitted	Changes will include suspending payment after five days of absence and establishing a cap on the number of annual paid absences. This regulation is being promulgated under the authority of Act 2011-22.	Angie Logan [phone]
Office of Developmental Programs Home and Community Based Services 55 Pa. Code Chapter 51	April 2012, as final-omitted	This regulation established payment rates, fee schedules and payment methodology for home and community-based services and provider qualifications for providers in the Adult Autism, Consolidated and Person/Family Directed Support waiver program under Act 2011-22.	Angie Logan [phone]
Office of Developmental Programs ICF/MR Programs 55 Pa. Code Chapter 6211	April 2012, as final-omitted	This regulation will revise the Department payment methodologies, provider cost report requirements and update definitions for private ICF/MR programs. This regulation is being promulgated under the authority of Act 2011-22.	Angie Logan [phone]
Revisions to the Special Allowance for Supportive Services Requirement Road to Economic Self-sufficiency through Employment and Training (RESET) Program 55 Pa. Code Chapter 165	April 2012, as final omitted	This final-omitted rulemaking eliminates several types of special allowances, combines public and private transportation related special allowances into one category, and reduces the maximum combined annual limit for transportation from $3,000 to $1,500. This final omitted rulemaking also eliminated the motor vehicle insurance special allowance. In addition, the lifetime limit for other work, education and training related allowances is reduces from $2,000 to $1,000. This regulation is being promulgated under the authority of Act 2011-22.	Angie Logan [phone]
State Supplementary Payment Levels 55 Pa. Code Chapter 299	April 2012, as final-omitted	The purpose of this final-omitted rulemaking is to codify the SSP levels in the text of 55 Pa. Code § 299.37 and to rescind Appendix A (relating to SSP payment levels). This regulation is being promulgated under the authority of Act 2011-22.	Angie Logan [phone]
Program Certification 55 Pa. Code Chapters 101, 105, 107, 108, 109, 145, and 148	June 2012, As proposed	The purpose of this proposed rulemaking is to clarify and update Title 55 of the Pennsylvania Code. This proposed regulation will remove references to agencies and acronyms that no longer exist and ensures that all revisions comply with State and Federal law and policy.	Angie Logan [phone]
Revisions to Restitution and Disqualification Policy 55 Pa. Code Chapter 255	June 2012, As proposed	The purpose of this proposed rulemaking is to clarify restitution and disqualification policy to comply with State and Federal Law and Policy.	Angie Logan [phone]
Residential Treatment Facilities (FTF) 55 Pa. Code Chapters 31, 1157, 1165	June 2012, as final-form	This regulation codifies coverage for mental health services to children under 21 years of age that are provided in a residential treatment facility.	Angie Logan [phone]
Psychiatric Rehabilitation Services 55 Pa. Code Chapter 5230	April 2012, as final form	This regulation promulgates the minimum standards for the delivery of Psychiatric Rehabilitation Services (PRS) for adults. PRS are therapeutic rehabilitation services for individuals with serious mental illness that increase competence in normal life activities and allow individuals to pursue life goals with the greatest possible level of independence.	Angie Logan [phone]
Inpatient Hospital Services 55 Pa. Code Chapter 1163	April 2012, final-omitted	This final-omitted rulemaking amends current MA regulations at 55 Pa. Code, Chapter 1163, Subchapter A, to eliminate separate payment for normal newborn care for inpatient acute general hospitals. Normal newborn card will be covered as part of the mother's obstetrical delivery APR-DRG payment. The regulations also amend payment policy for readmissions to an acute care general hospital paid through DRG to increase the readmission time frame for review from within 7 days to within 30 days of discharge, as specified at § 443.9 of the Public Welfare Code. This regulation is being promulgated under the authority of Act 2011-22.	Angie Logan [phone]
Medical Assistance Copayment Changes 55 Pa. Code Chapter 1101	April 2012, as final-omitted	The purpose of this final-omitted regulation is to eliminate excess copayment reimbursement, to update nominal sliding scale MA copayment amounts and allow adjustments to the sliding scale copayment amounts for publication of notice in the Pennsylvania Bulletin, and to apply a copayment for nonemergency medical transportation paratransit services. Additionally, § 1101.63 is amended to make technical corrections to the chapter to reflect and clarify copayment exclusions currently in effect under the MA program. This regulation is being promulgated under the authority of Act 2011-22.	Angie Logan [phone]
Pharmacy Benefit Package Change 55 Pa. Code Chapter 1121	June 2012, as final-omitted	Act 22 of 2011 requires the Department to establish benefit packages for pharmacy services for medical assistance recipients 21 years of age or older, and any exceptions to such benefit packages as the Department determines are appropriate during state fiscal year 2011-2012. This regulation package is codifying the pharmacy benefit package changes which were published in the Pharmacy Benefit Package notice at 41 Pa.B. 6455 (December 3, 2011).	Angie Logan [phone]
Dental Benefits Package Change 55 Pa. Code Chapter 1149	June 2012, as final-omitted	Act 22 of 2011 requires the Department to establish benefit packages for dental services for medical assistance recipients 21 years of age of older, and any exceptions to such benefit packages as the Department determines are appropriate during state fiscal year 2011-2012. This regulation package is codifying the dental package changes which were published in the Dental Benefit Package notice at 41 Pa.B. 5133 (September 24, 2011).	Angie Logan [phone]
Payment for Nursing Facility Services Provided by Special Rehabilitation Nursing Facilities; Change in Methods and Standards of Setting Payment Rates. 55 Pa. Code Chapter 1187	July 2012, as proposed	This change in rate methodology will allow the Commonwealth to provide payments that reflect the type of services provided by the initial four Special Rehabilitation Nursing Facilities and eliminated existing ligation challenging the adequacy of the case-mix per diem payment rates for facilities in peer group 13.	Angie Logan [phone]
Long Term Living Home and Community Based Services 55 Pa. Code Chapter 52	April 2012, as final-omitted	The regulation will establish provider qualifications and payment provisions for providers rendering services under the Aging, Attendant Care, COMMCARE, Independence and OBRA Home and Community Based Service waivers and the Act 150 program. This regulation is being promulgated under the authority of Act 2011-22.	Angie Logan [phone]
Appeal and Fair Hearing and Administrative Disqualification Hearings 55 Pa. Code Chapter 275	July 2012, as proposed	This regulation will update definitions, streamline administrative practices, and incorporate hearing procedures that will support efficiency in the hearing and appeals process.	Angie Logan [phone]
Medical Assistance Provider Appeal Procedures 55 Pa. Code Chapter 41	July 2012, as proposed	This regulation will clarify procedural and substantive matters related to provider appeals including the filing and post hearing practices for provider appeals.	Angie Logan [phone]
Administrative of County Children and Youth Programs 55 Pa. Code Chapter 3130	December 2012, as proposed	This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the Federal regulations of Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services. Major changes include permanent hearings and the matters to be determined, requirements related to reasonable efforts including aggravated circumstances contrary to the welfare and best interests and redefining permanency goals for children.	Angie Logan [phone]
Payment for Child Care 55 Pa. Code Chapter 287	December 2012, as proposed	Chapter 287 will be rescinded as it no longer reflects current policy. Chapter 3140 (relating to planning and financial reimbursement requirements for county children and youth social service programs) already addresses the current determination requirements of TANF-relatedness and Medical Assistance eligibility for children place by county children and youth agencies.	Angie Logan [phone]
Planning and Financial Reimbursement requirements for County Children and Youth Social Service Programs	December 2012, as proposed	This regulation provides the requirements for reimbursement for services to county children and youth agencies. The regulations are in need of revision to ensure consistency with Federal requirements and policy to ensure the validity of state and Federal claims.	Angie Logan [phone]
REVENUE
Amendments to Estates and Trusts—Personal Income Tax Regulations 61 Pa. Code Chapters 101, 103, 105, and 117	July 2012, as proposed	The Department is promulgating this regulation to codify the Department's policy for the taxation of estates and trusts in the Commonwealth and to provide clear instructions for taxpayers regarding reporting requirements.	Douglas Berguson [phone]
Amended Returns— Personal Income Tax Regulations 61 Pa. Code Chapters 117, 119, and 121	April 2012, as proposed	The Department is promulgating this regulation to clarify the Department's policy on Amended Returns for Pa. PIT and replace outdated language. In addition, the regulation will provide clear instructions for taxpayers regarding petitions for refunds.	Douglas Berguson [phone]
Consolidation of Administrative Appeals under the Board of Appeals 61 Pa. Code Chapters 7 and 901	April 2012, as proposed	The Department is proposing regulations to consolidate the administrative appeals under the Board of Appeals and streamline the administrative appeals process.	Douglas Berguson [phone]
Amendments to Realty Transfer Tax Regulations 61 Pa. Code Chapter 91	Proposed Regulation published at 41 Pa.B. 6220 (November 19, 2011) December 2012, as final	Amendments to the Realty Transfer Tax regulations are being proposed to improve the clarity and effectiveness of the regulations.	Douglas Berguson [phone]
Amendments to Local Option Small Games of Chance 61 Pa. Code Chapter 901	Proposed regulation published at 41 Pa.B. 4638 (August 27, 2011) December 2012, as final	The Department is proposing revisions to improve the clarity and effectiveness of the regulations relating to games of chance.	Douglas Berguson [phone]
General Provisions Application of Payments 61 Pa. Code Chapter 5a	June 2012, as proposed	The Department is promulgating this regulation to clarify the provisions of the Taxpayers' Bill of Rights and provide a procedure for the application of a payment received from the taxpayer to tax liability owned the Department	Douglas Berguson [phone]
SECURITIES COMMISSION
No regulations being developed or considered at this time.

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
STATE
Bureau of Professional and Occupational Affairs   —Schedule of Civil Penalties for violations of the Clean Indoor Air Act— 49 Pa. Code Chapter 43b. (16-46)       —Telephonic Testimony— 49 Pa. Code Chapter 43b. (number not yet assigned)           —Recording Devices— 49 Pa. Code, §§ 43b.101 and 43b.102 (16A-45)	Spring 2012, as Final.                 Summer 2012, as Proposed.                   Fall 2012, as Proposed.	This regulation would create a schedule of civil penalties for violations of the Act of June 13, 2008 (P. L. 182, No. 27), known as the Clean Indoor Air Act. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties. Section 5(b)(1)(ii) of the Clean Indoor Air Act, 35 P. S. § 637.5(b)(1)(ii), authorizes the Bureau to enforce the act.   This proposed rulemaking would provide rules for the admission of testimony received by telephone at hearings conducted by boards/commissioners or hearing examiners. Statutory Authority: Section 3 of the Commissioner of Professional and Occupational to promulgate regulations setting forth the procedural rules to be followed in the conduct of hearings in disciplinary matters before a licensing board or commission, after consultation with the licensing boards and commissions.   This proposed rulemaking would provide rules for the use of electronic (audio and visual) recording devices during meetings of the boards and commissions within the Department of State for which the Bureau of Professional and Occupational Affairs provides administrative support. Statutory Authority: Sections 710 and 711 of the Sunshine Act, Act of October 15, 1998 (P. L. 179, No. 93) authorizes the adoption of rules and regulations governing the use of recording devices in public meetings.	Cynthia K. Montgomery [phone]
State Board of Accountancy   —Continuing Education— 49 Pa. Code §§ 11.61—11.69a (16A-5511)   —General Revisions— 49 Pa. Code Chapter 11 (number not yet assigned)   —Civil Penalty Schedule— Accountants— 49 Pa. Code § 43b.10a. (16-48)	Spring 2012, as Final.         Summer 2012, as Proposed.           Spring 2012, as Final.	The regulation would amend continuing professional education requirements for licensed certified public accountants and public accountants. Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3.   This proposed rulemaking would implement the amendments to the CPA Law made by the Act of July 9, 2008 (P. L. 954, No. 73). Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3.       This regulation would adopt a schedule of civil penalties for violation of the continuing education regulations of the Board. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.	Sara Fox [phone]
State Architects Licensure Board   —Experienced Requirement— 49 Pa. Code §§ 9.41 and 9.46 (16A-4120)	Summer 2012, as Proposed.	This proposed rulemaking would clarify that the experience requirement must be completed as a condition of licensure rather than as a condition of admittance to the licensing examination and is sufficient that an examination candidate has begun acquiring qualifying experience. Statutory Authority: Section 6(a) and (d) of the Architects Licensure Law, 63 P. S. § 34.6(a) and (b).	Penny Walker [phone]
State Athletic Commission   —Mixed martial arts update— 58 Pa. Code § 28.30 (16-53)	Summer 2012, as proposed	The proposed rulemaking would alter the Commission's current MMA regulations to permit amateur contestants to petition to strike at an opponent's head when on the ground after at least four amateur bouts. Statutory Authority: Sections 103(b) and 501 of the State Athletic Code, 5 Pa.C.S. § 103(b)(1), authorizes the Commission to promulgate regulations regarding professional and amateur boxing contests and exhibitions.	Martha Brown [phone]
State Board of Auctioneer Examiners   —Schedule of Civil Penalties— 49 Pa. Code § 43b.12a (16A-648)	Spring 2012, as proposed	The proposed rulemaking would make updates to the current schedule of civil penalties, as requested by the Board. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties.	Terri Kocher [phone]
State Board of Barber Examiners   —Fees— 49 Pa. Code § 3.103 (16A-428)     —General Revisions— 49 Pa. Code Chapter 3 (16A-429)	Spring 2012, as Proposed.       Fall 2012, as proposed	The proposed rulemaking would increase biennial renewal fees and fees for other board services. Statutory Authority: Section 14 of the Barbers License Law, 63 P. S. § 564.   The proposed rulemaking would update the regulations for barber managers, temporary student licenses, barber shops and schools of barbering. Statutory Authority: Section 10 of the Barbers License Law, 63 P. S. § 560	Kelly Diller [phone]
State Board of Chiropractic   —Chiropractic specialties— 49 Pa. Code Ch. 5 (16A-4312)         Review of Chiropractic Treatment— 49 Pa. Code Chapter 5 (16A-4315)   —Assistance of Unlicensed Supportive Personnel— 49 Pa. Code, Chapter 5 (16A-4316)   —Licensure by Reciprocity— 49 Pa. Code § 5.13 (16A-4320)     —Volunteer license— 49 Pa. Code § 5.20 (16A-4321)	Spring 2012, as Proposed             Spring 2012, as Final.         Spring 2012, as Final.           Spring 2012, as Final.         Spring 2012, as Final (Proposed- omitted).	The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. This proposed rulemaking would identify the certifications acceptable to the Board. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).   This rulemaking would establish standards for chiropractors that engage in chiropractic peer review. Statutory Authority: Section 302(3) of the Chiropractic Practice Act, 63 P. S. § 625.302(3).     This regulation would establish standards for the delegation of tasks to unlicensed supportive personnel. Statutory Authority: Sections 302(3) and 601 of the Chiropractic Practice Act, 63 P. S. §§ 624.302(3) and 625.601.     This regulation would provide a revised method of licensing out-of-state chiropractors by reciprocity. Statutory Authority: Sections 302(3) and 504 of the Chiropractic Practice Act, 63 P. S. §§ 625.302(3) and 625.504.   This regulation would amend the volunteer license regulations to the amendments to the Volunteer Health Services Act under Act 58 of 2002. Statutory Authority: Section 302 of the Chiropractic Practice Act, 63 P. S. § 625.302; and section 5 of the Volunteer Health Services Act, 35 P. S. § 449.45.	Mary Sue Ferster [phone]
Corporation Bureau —UCC Revised Article 9—(16-35)	Fall 2012, as Proposed.	This proposed rulemaking would adopt (with some revisions) the Model rules promulgated by the International Association of Corporate Administrators, which call for the delivery of filings by electronic means and acceptance of credit card payments. Statutory Authority: Section 9526 of the Uniform Commercial Code Modernization Act of 2001, 13 Pa.C.S. § 9526.	Martha Brown [phone]
State Board of Cosmetology   —Fees— 49 Pa. Code § 7.2 (16A-4515)                 —Sanitation— 49 Pa. Code Chapter 7 (16A-4516)         —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.5. (number not yet assigned)	Spring 2012, as Proposed.                   Fall 2012, as Proposed.           Spring 2012, as Proposed.	The proposed regulation would increase biennial renewal fees for all licensee classifications and would increase certain application fees where the current fees have been determined to be inadequate. Statutory Authority: Section 16(d) of the Beauty Culture Law, 63 P. S. § 522(d), requires the Board to increase fees by regulation to meet or exceed projected expenditures if the revenues raised by fees, fines and civil penalties are not sufficient to match expenditures over a 2-year period.   This proposed rulemaking would update the Board's regulations on sanitation to conform to modern standards within the profession. Statutory Authority: Sections 11 and 14 of the Act of May 3, 1933 (P. L. 242, No. 86), commonly referred to as the Beauty Culture Law, 63 P. S. §§ 517 and 520.   This proposed rulemaking would amend the schedule of civil penalties for the State Board of Cosmetology to implement Act 48 civil penalties for failure of a school to submit quarterly reports. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Kelly Diller [phone]
State Board of Dentistry   —Anesthesia Update— 49 Pa. Code, Subchapter E, §§ 33.331—33.342 (16A-4621)     —EFDA Scope of Practice— 49 Pa. Code § 33.205a. (16A-4624)               —Volunteer License— 49 Pa. Code § 33.110 (Number not yet assigned)	Spring 2012, as Proposed.             Spring 2012, as Final.                   Spring 2012, as Final (proposed- omitted).	This proposed rulemaking would update the standards for the administration of general anesthesia, deep sedation, moderate sedation, minimal sedation and nitrous oxide/oxygen analgesia in dental offices. Statutory Authority: Sections 3(o) and 11.2 of the Dental Law, 63 P. S. §§ 122(o) and 130c.   This regulation implements the act of April 29, 2010 (P. L. 176, No. 19), which amended the Dental Law to expand the scope of practice for expanded function dental assistants. Statutory Authority: The proposed rulemaking is authorized by section 4 of the act of April 29, 2010 (P. L. 176, No. 19), which requires the Board to promulgate regulations within 18 months of its effective date (June 28, 2010); and by section 3(d.1) and (o) of the Dental Law (act), 63 P. S. § 122(d.1) and (o).   This regulation would amend the current volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).	Lisa Burns [phone]
State Registration Board for Professional Engineers, Land Surveyors and Geologists   —General Revisions— 49 Pa. Code Chapter 37 (16A-479)                         —Qualifications for Licensure— 49 Pa. Code Chapter 37 (16A-4711)	Fall 2012, as Proposed.                             Fall 2012, as Final.	The proposed rulemaking would clarify education and experience requirements for regular and ''grandfathered'' candidates for examination and licensure; revise categories of acceptable professional references for candidates; update the branches of engineering for which license examinations are offered; prescribe standards relating to the use of an electronic seal and signature; clarify criteria for approval of fictitious and corporate names that use variations of professional titles; eliminate unnecessary administrative requirements; and make editorial changes. Statutory Authority: Section 4 of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. § 151.   The regulation implements Act 25 of 2010, to provide for the certification of geologists-in-training, and to update the board's regulations concerning the licensure process for engineers and land surveyors. Statutory Authority: Section 4(l) of the Engineer, Land Surveyor and Geologist Registration Law, 63 P. S. § 151(l).	DeAndra Burger [phone]
—State Registration Board for Professional Engineers, Land Surveyors and Geologists—   Schedule of Civil Penalties—Engineers, Land Surveyors and Geologists— 49 Pa. Code Chapter 43b. (16A-54)	Spring 2012, as Final.	The regulation would make necessary corrections to schedule of civil penalties relating to unlicensed practice and practice on a lapsed licensed required by the Commonwealth Court's decision in Evans v. Land Surveyors and Geologists, 15 A.3d 99 (Pa. Cmwlth. 2011). Statutory Authority: Section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2205(a).
State Board of Funeral Directors   General Revisions— 49 Pa. Code Chapter 13 (Number not yet assigned)     Renewal; Continuing Education Enforcement— 49 Pa. Code Chapter 13 (16A-4819)   Schedule of Civil Penalties— Funeral Directors 49 Pa. Code § 43b.6 (16A-4820)	Fall 2012, as Proposed           Fall 2012, as Proposed           Fall 2012, as Proposed	The proposed rulemaking would update the Board's regulations related to advertising, application procedures, facility requirements, qualifications, and supervisor responsibilities. Statutory Authority: Section 16 (a) of the Funeral Director Law, 63 P. S. § 479.16(a).   This proposed rulemaking would update and clarify the Board's regulations relating to renewal of licenses and enforcement of continuing education. Statutory Authority: Sections 10(b)(1) and 16(a) of the Funeral Director Law, 63 P. S. §§ 479.10(b)(1) and 479.16(a).   This proposed regulation would establish a schedule of civil penalties for continuing education enforcement. Statutory Authority: Section 5(a) of the act of July 2, 1993 (P. L. 345, No. 48), 63 P. S. § 2205(a).	Heidy Weirich [phone]
State Board of Landscape Architects   —Statutorily Mandated Amendments— 49 Pa. Code Chapter 15 (16A-6110)   —General Revisions— 49 Pa. Code Chapter 15 (16A-6111)     —Schedule of Civil Penalties— Landscape Architects 49 Pa. Code Chapter 43b. (16A-6120)       —Electronic Seals and Signing— 49 Pa. Code Chapter 15 (16A-6121)	Spring 2012, as Final (proposed omitted).         Spring 2012, as Proposed           Spring 2012, as Proposed.               Fall 2012, as proposed	This regulation would implement the act of July 17, 2009 (P. L. 94, No. 24). Statutory Authority: Section 4(9) of the Landscape Architects' Registration Law, 63 P. S. § 904(9).       This proposed rulemaking implements updates to current practices of the Board with respect to qualifications and experience, examinations and continuing education. Statutory Authority: Section 4 of the Landscape Architects' Registration Law, 63 P. S. § 904.   This proposed rulemaking would adopt a schedule of civil penalties for unlicensed practice and other violations of the Landscape Architects Registration Law. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner of Professional and Occupational Affairs to set forth schedules of civil penalties, with the approval of the Board.   This proposed rulemaking will implement rules on electronic seals and signing from other design professional boards in Pennsylvania and other states. Statutory Authority: Sections 4 and 9 of the Landscape Architects' Registration Law, 63 P. S. §§ 904 and 909.	Terrie Kocher [phone]
State Board of Medicine   —Mcare Update— 49 Pa. Code Chapters 16 and 17 (16A-4925)               —Use of Medical Devices and Lasers— 49 Pa. Code Chapter 16 (16A-4927)   —Behavior Specialists— 49 Pa. Code Chapter 18 (16A-4929)         —Licensure of Respiratory Therapists and Physician Assistants— 49 Pa. Code Chapter 18 (16A-4930)     —Perfusionists— 49 Pa. Code Chapter 18, Subchapter J. (16A-4931)       —Certified Midwives— 49 Pa. Code Chapter 18 (16A-4932)	Spring 2012, as Final (proposed- omitted)                 Spring 2012, as Proposed.         Spring 2012, as Final.               Spring 2012, as Proposed.                 Spring 2012, as Proposed.             Fall 2012, as Proposed.	The regulation deletes outdated references to the repealed Health Care Services Malpractice Act, 40 P. S. §§ 1301.101—1301.1006, and replaces it with references to the Medical Care Availability and Reduction of Error (Mcare) Act, 40 P. S. §§ 1303.101—1303.910. Statutory Authority: Section 8of the Medical Practice Act of 1985, 63 P. S. § 422.8, authorizes the Board to promulgate regulations that are reasonably necessary to carry out the purposes of the Act.   The proposed rulemaking is intended to clarify the requirements of the use and delegation of the use of medical devices and medical lasers. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8   The regulation implements the licensure or certification of behavior specialists as required by the Act of July 9, 2008 (P. L. 885, No. 62). Statutory Authority: Section 3(g) of the Act of July 9, 2008 (P. L. 885, No. 62) requires the Board, in consultation with the Department of Public Welfare, to promulgate regulations providing for the licensure or certification of behavior specialists.   The proposed rulemaking would implement the amendments made to the Medical Practice Act by the Act of July 4, 2008 (P. L. 580, No. 45) relating to licensure of respiratory therapists and physician assistants. Statutory authority: Section 8 of the Act of July 4, 2008 (P. L. 580, No. 45) requires the Board and the State Board of Osteopathic Medicine to jointly promulgate regulations to implement the amendments.   The regulation would set forth the requirements for licensure of perfusionists. Statutory Authority: Section 4 of the Act of June 11, 2008 (P. L. 154 No. 19) requires the Board to promulgate regulations to implement licensure of profusionists within 18 months of the effective date. The act was effective on August 10, 2008.   The proposed rulemaking would provide for the licensure of ''certified'' midwives as suggested by the Commonwealth Court's decision in Goslin v. State Board of Medicine, 949 A.2d 372. Statutory Authority: Sections 1and 2 of the Midwife Registration Law of 1929, 63 P. S. §§ 171 and 172, and section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8, make it unlawful to practice as a midwife without a certificate from the Medical Board and authorize the Board to issue rules and regulations as may be necessary for the examination, licensing, and proper conduct of the practice of midwifery by midwives.	Tammy Dougherty [phone]
State Board of Medicine (cont'd)   —Prescribing— 49 Pa. Code § 16.92 (16A-4933)       —Genetic Counselors— 49 Pa. Code Chapter 18 (number not yet assigned)       —Licensure of Athletic Trainers— 49 Pa. Code Chapter 18, Subchapter H (number not yet assigned)   —Schedule of Civil Penalties— 49 Pa. Code, § 43b.20. (number not yet assigned)   —Volunteer Licenses— 49 Pa. Code Chapter 16 (16A-4934)	Spring 2012, as Proposed         Summer 2012, as Proposed               Summer 2012, as Final (proposed- omitted)           Fall 2012, as Proposed.           Spring 2012, as Final (proposed- omitted)	The proposed rulemaking would rewrite, simplify and update the Board's regulations relating to prescribing controlled substances and other drugs of abuse. Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.   This proposed rulemaking would implement the act of December 22, 2011 (P. L. _, No. 125) relating to the licensure of genetic counselors. Statutory Authority: Section 3 of Act 125 of 2011 requires the Board to promulgate regulations within 12 months. Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8, provides the general regulatory powers of the Board   This regulation is required to amend the Board's regulations regarding athletic trainers to refer to ''licensure'' rather than ''certification as amended by the act of December 22, 2011 (P. L._ No. 124). Statutory Authority: Section 8 of the Medical Practice Act of 1985. 63 P. S. § 422.8.     This proposed rulemaking would amend the schedule of civil penalties for the State Board of Medicine to implement Act 48 civil penalties for practicing on a lapsed license and for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).   This regulation will amend the volunteer license regulations to conform to amendments to the Volunteer Health Services Act (Acts 29 of 2007 and 58 of 2002). Statutory Authority: Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.
Navigation Commission of the Delaware River and its Navigable Tributaries   —General Revisions— 4 Pa. Code §§ 405.7, 405.8, and 405.12 (16A-663)	Spring 2012, as Proposed	The proposed rulemaking would require all currently licensed pilots to hold and maintain an active Federal first class pilot's license and endorsement of the routes to be traversed. Statutory Authority: Section 4 of the Act of March 29, 1803 (P. L. 542), 55 P. S. § 31, and section 2504-B(4) of the Administrative Code of 1929, 71 P. S. § 670.2(4)
State Board of Nursing   —LPN / IV Therapy— 49 Pa. Code § 21.145 (16A-5122)   —Application Procedures— 49 Pa. Code § 21.151 (16A-5134)               —Reactivation/ Re-licensure after Lapse— 49 Pa. Code Chapter 21 (16A-5135)           —Out of State Nursing Education Programs using Pennsylvania Clinical Sites— 49 Pa. Code Chapter 21 (16A-5137)       —Fees for Nursing Education Programs— 49 Pa. Code Chapter 21 (number not yet assigned)               —Volunteer License— 49 Pa. Code Chapter 21, Subchapter F, §§ 21.601—21.607. (number not yet assigned)	Spring 2012, as Final.       Summer 2012, as Proposed                   Fall 2012, as Proposed                   Summer 2012, as Proposed                   Spring 2012, as Proposed.                         Spring 2012, as Final (Proposed- omitted).	This regulation addresses the LPN's role in working with peripherally inserted central catheters (PICC lines). Statutory Authority: Section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6.   The proposed rulemaking would provide for admission to the practical nurse exam for applicants who have graduated from a foreign practical nursing program that is equivalent to an LPN education program of study required in this Commonwealth at the time the program was completed as determined by the Commission on Graduate of Foreign Nursing Schools (CGFNS). Statutory Authority: Sections 5 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 655 and 667.6.   This proposed rulemaking would set standards for the reactivation/re-licensure of nurses whose licenses have lapsed for a significant period of time. Statutory Authority: Sections 2.1 and 11 of the Professional Nursing Law, 63 P. S. §§ 212.1 and 221; and sections 13.1 and 17.6 of the Practical Nurse Law, 63 P. S. §§ 663.1 and 667.6, authorize the Board to regulate the renewal of expired or inactive licenses and to promulgate regulations generally.   This proposed rulemaking would require out of state educational programs that intend to place nursing students in Pennsylvania facilities for clinical education with a Pennsylvania licensed nurse preceptor to apply to the Board for permission to utilize the clinical site. This same requirement is placed on Pennsylvania nursing education programs. Statutory Authority: Section 6.1 of the Professional Nursing Law, 63 P. S. § 216.1 and Section 9 of the Practical Nurse Law, 63 P. S. § 659.   This proposed rulemaking is necessary to set fees for the approval of nursing education programs. Statutory Authority: Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2, and Section 17.5 of the Practical Nursing Law, 63 P. S. § 667.5, set forth the authority to the setting of fees by regulation. Section 6.2 of the Professional Nursing Law, 63 P. S. § 216.2, provides the Board's authority to approve nursing education programs. Sections 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k) and 17.6 of the Practical Nursing Law, 63 P. S. § 667.6, provide the general rulemaking authority of the Board.   This regulation would amend the volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).	Cindy Miller [phone]
State Board of Examiners of Nursing Home Administrators   —Sexual Misconduct— 49 Pa. Code §§ 39.1 and 39.9 (16A-6211)         —Continued Competence— 49 Pa. Code Chapter 39 (16A-6213)       Schedule of Civil Penalties— 49 Pa. Code Chapter 43b, § 43b.17 (number not yet assigned)	Summer 2012, as Proposed.             Spring 2012, as Proposed             Summer 2012, as Proposed.	This proposed rulemaking would add sexual abuse, sexual misconduct and sexual harassment as offenses for which a nursing home administrator's license may be disciplined. Statutory Authority: Sections 4(c) and 6(g) of the Nursing Home Administrators Licensure Act, 63 P. S. §§ 1104(c) and 1106(g).   This proposed rulemaking would provide the requirements for demonstrating continued competence when reactivating a license that has been inactive for more than 5 years. Statutory Authority: Section 4(a)(4), (9) and (c) of the Nursing Home Administrators Licensure Act, 63 P. S. § 1104(a)(4), (9) and (c).   This proposed rulemaking would amend the schedule of civil penalties for the State Board of Examiners of Nursing Home Administrators to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Chris Stuckey [phone]
State Board of Occupational Therapy Education and Licensure   —Continued Competency— 49 Pa. Code §§ 42.50—42.58 (16A-677)         —Referrals by Certified Registered Nurses Practitioners and Physician Assistants— 49 Pa. Code Chapter 42 (16A-678)	Spring 2012, as Final.               Spring 2012, as Final (Proposed omitted)	The proposed rulemaking would implement section 15(a) of the Occupational Therapy Practice Act, 63 P. S. § 1515(a), which authorizes the board to establish additional requirements for the license renewal designed to assure continued competency. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).   The regulation would conform the board's regulations with changes made by Act 48 of 2007 and Act 45 of 2008, which permit CRNPs and Physician Assistants to make referrals to Occupational Therapists. Statutory Authority: Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).	Judy Harner [phone]
State Board of Occupational Therapy Education and Licensure (cont'd)   —Child Abuse Reporting Requirements— 49 Pa. Code Chapter 42 (16A-679)             —Code of Ethics— 49 Pa. Code § 42.24 (16A-6710)	Spring 2012, as Final (proposed omitted)                 Spring 2012, as Proposed	This regulation updates the Board's regulations on mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL). 23 P. S. 6301—6386. Statutory Authority: Section 6383(b)(2) of the CPSL requires the Board to promulgate regulations consistent with the CPSL; Section (5)(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b) directs the Board to adopt regulations consistent with law.     This proposed rulemaking would update and amend the Board's existing code of ethics to adopt the AOTA ethics standards. Statutory Authority: Section (5)(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).
State Board of Optometry   —Continuing Education— 49 Pa. Code §§ 23.81 and 23.82. (16A-5213)     Schedule of Civil Penalties— Optometrists 49 Pa. Code Chapter 43b (16A-5212)   —Volunteer License— 49 Pa. Code § 23.26 (16A-5214)	Fall 2012, as Proposed         Summer 2012, as Proposed.           Spring 2012, as Final (Proposed- omitted).	This proposed regulation would update the Board's regulations to conform to current practices. Statutory Authority: Sections 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties.   This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties.     This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Statutory Authority: Section 3(b)(14) of the Optometric Practice and Licensure Act, 63 P. S. § 244.3(b)(14).	Mary Sue Ferster [phone]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
State Board of Osteopathic Medicine   —Miscellaneous Provisions— 49 Pa. Code Chapter 25 (16A-5319)         —Perfusionists— 49 Pa. Code Chapter 25 (16A-5320)     —Licensure of Respiratory Therapists and Physician Assistants— 49 Pa. Code Chapter 25 (16A-5321)     —Volunteer License— 49 Pa. Code §§ 25.601—25.607. (16A-5323)       —Genetic Counselors— 49 Pa. Code Chapter 25 (number not yet assigned)       —Licensure of Athletic Trainers— 49 Pa. Code Chapter 25, Subchapter M (number not yet assigned)   —Schedule of Civil Penalties— 49 Pa Code Chapter 43b. (number not yet assigned)	Spring 2012, as Final (proposed omitted)             Spring 2012, as Proposed         Spring 2012, as Proposed.                 Spring 2012, as Final (proposed omitted)         Summer 2012, as Proposed               Summer 2012, as Final (proposed omitted)           Summer 2012, as Proposed	This regulation would implement Act 46 of 2007. Statutory Authority: Section 10(h) of the Osteopathic Medical Practice Act (Act), 63 P. S. § 271.10(h), authorizes the Board to establish rules and regulations relating to physician assistants; and section 16 of the Act, 63 P. S. § 271.16, authorizes the Board to adopt regulations as are reasonably necessary to carry out the purposes of the Act.   This regulation would set forth the requirements for licensure of perfusionists. Statutory Authority: Section 4 of the Act of June 11, 2008 (P.L 161, No. 20) requires the Board to promulgate regulations to implement licensure of perfusionists.   The proposed rulemaking implements the amendments made to the Osteopathic Medical Practice Act by the Act of July 4, 2008 (P. L. 589, No. 46) relating to licensure of respiratory therapists and physician assistants. Statutory Authority: Section 8 of the Act of July 4, 2008 (P. L. 589, No. 46) requires the Board and the State Board of Medicine to jointly promulgate regulations to implement the amendments.   This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002 and Act 29 of 2007. Statutory Authority: Section 16 of the Osteopathic Medicine Act, 63 P. S. § 271.16.   This proposed rulemaking would implement the act of December 22, 2011 (P. L. _, No. 126) relating to the licensure of genetic counselors. Statutory Authority: Section 3 of Act 126 of 2011 requires the Board to promulgate regulations within 12 months. Section 16 of the Osteopathic Medicine Practice Act, 63 P. S. § 271.16, provides the general regulatory powers of the Board.   This regulation is required to amend the Board's regulations regarding athletic trainers to refer to ''licensure'' rather than ''certification'' as amended by the act of December 22, 2011 (P. L._, No. 123). Statutory Authority: Section 16 of the Osteopathic Medicine Practice Act, 63 P. S. § 271.16.     This proposed rulemaking would establish a schedule of civil penalties for the State Board of Osteopathic Medicine to implement Act 48 civil penalties for failure to report complaints filed against an osteopathic physician in the medical professional liability action. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Tammy Dougherty [phone]
State Board of Pharmacy   —Compounding Practices— 49 Pa. Code Chapter 27 (16A-5419)           —Cancer Drug Repository Program— 49 Pa. Code Chapter 27 (16A-5423)         —Pharmacy Internship— 49 Pa. Code Chapter 27 (16A-5424)         —Collaborative Management of Drug Therapy— 49 Pa. Code Chapter 27 (16A-5425)     —Emergency Preparedness— 49 Pa. Code Chapter 27 (16A-5426)         —General Revisions to Standards of Practice— 49 Pa. Code § 27.18 (16A-5427)   —Correctional Facility Drug Redistribution— 49 Pa. Code Chapter 27 (number not yet assigned)	Summer 2012, as Proposed                 Fall 2012, as Final               Spring 2012, as Proposed.               Spring 2012, as Proposed             Fall 2012, as Proposed               Fall 2012, as Proposed         Spring 2012, as Proposed.	This proposed rulemaking would establish standards for the compounding of drugs by pharmacists. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9) grants the authority to promulgate rules and regulations to effectuate the purposes of the act. Section 2 of the Pharmacy Act, 63 P. S. § 390-2(11) defines the practice of pharmacy to include the compounding of drugs.   The regulation would establish the eligibility criteria, standards and procedures for the administration of a cancer drug repository program. Statutory authority: Section 7 of the Act of May 13, 2008 (P. L. 139, No. 14), known as the Cancer Drug Repository Program Act, requires the Board to promulgate regulations to carry out the purposes of the act.   This proposed rulemaking would update the Board's regulations relating to the pharmacy internship required under section 3 of the Pharmacy Act. Statutory Authority: Section 3 of the Pharmacy Act, 63 P. S. § 390-3(c) requires the Board to establish by regulation the internship requirements which must be satisfactorily completed prior to issuance of a pharmacist license.   This proposed rulemaking would implement Act 29 of 2010, which provides for collaborative drug therapy management between a pharmacist and a licensed physician. Statutory Authority: Section 5 of the act of June 1, 2010 (P. L. 201, No. 29) requires the Board to promulgate regulations to implement Act 29 within 18 months of its effective date.   The proposed rulemaking would establish procedures and standards for the operation of remote emergency pharmacies in the event of an emergency caused by a natural or manmade disaster or any other exceptional situation that causes an extraordinary demand for pharmacy services. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9).   This proposed rulemaking would update the Board's regulations relating to standards of practice for pharmacists. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9).     This proposed rulemaking is required to conform the Board's regulations to the act of July 9, 2010 (P. L. 457, No. 59), which permits a vendor pharmacy to redistribute drugs returned by a correctional facility to other correctional facilities. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9).	Melanie Zimmerman [phone]
State Board of Pharmacy (cont'd)   —Electronic Prescribing of Controlled Substances— 49 Pa. Code Chapter 27 (number not yet assigned)   —Schedule of Civil Penalties— 49 Pa. Code § 43b.7 (number not yet assigned)	Spring 2012, as Final (proposed omitted)             Spring 2012, as Proposed.	This regulation is intended to establish standards for pharmacies and pharmacists to receive dispense and archive electronic prescriptions for controlled substances to comport with recent regulations promulgated by the Federal Drug Enforcement Agency. Statutory Authority: Section 6(k)(9) of the Pharmacy Act, 63 P. S. § 390-6(k)(9).     This proposed rulemaking would amend the schedule of civil penalties for the State Board of Pharmacy to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
State Board of Physical Therapy   —Act 38 Revisions— 49 Pa. Code Chapter 40 (16A-6514)           —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b. (number not yet assigned)	Spring 2012, as Final.               Spring 2012, as Proposed.	The regulation implements the amendments to the Physical Therapy Practice Act made by the Act of July 4, 2008 (P. L. 293, No. 38). Statutory authority: Section 16 of the Act of July 4, 2008 (P. L. 293, No. 38) requires the Board to promulgate regulations to implement the amendments and additions of that act within 18 months of the effective date. The act is effective on October 2, 2008.   This proposed rulemaking would establish a schedule of civil penalties for the State Board of Physical Therapy to implement Act 48 civil penalties for practicing on a lapsed license. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Michelle Roberts [phone]
State Board of Podiatry   —Certificate of Authority to Perform Acupuncture— 49 Pa. Code Chapter 29 (16A-449)   —Schedule of Civil Penalties— Podiatrists 49 Pa. Code Chapter 43b (Number not yet assigned)   —Volunteer License— 49 Pa. Code § 29.55 (16A-4411)	Spring 2012, as Proposed.         Spring 2012, as Proposed.             Spring 2012, as Final (Proposed- omitted).	This proposed rulemaking would establish the fees and regulate the practice of acupuncture by podiatrists under the Acupuncture Registration Act. Statutory Authority: Section 3 of the Acupuncture Registration Act, 63 P. S. § 1803.   This proposed regulation would adopt a schedule of civil penalties for continuing education violations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties.       This regulation would amend the Board's volunteer license regulations to conform to amendments to the Volunteer Health Services Act made by Act 58 of 2002. Statutory Authority: Section 15 of the Podiatry Practice Act, 63 P. S. § 42.15.	Tammy Dougherty [phone]
State Board of Psychology   —Continuing Education— 49 Pa. Code § 41.59 (16A-6317)     —Code of Ethics— 49 Pa. Code § 41.61 (16A-6318)           —Education— 49 Pa. Code § 41.31 (16A-6320)     —Part-time Experience— 49 Pa. Code § 41.31 (16A-6321)   —Child Abuse Reporting Requirements— 49 Pa. Code Chapter 41 (16A-6322)	Spring 2012, as Proposed.         Spring 2012, as Proposed.             Spring 2012, as Proposed.       Spring 2012, as Proposed       Spring 2012, as Final (proposed omitted)	This proposed rulemaking would amend the Board's continuing education requirements regarding home study, instruction and carry over. Statutory Authority: Section 15 of the Professional Psychologists Practice Act, 63 P. S. § 1215.   This proposed rulemaking would update the Board's Code of Conduct so that it would be in line with changes to the American Psychological Association and the Association of State and Provincial Psychology Boards. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).   This proposed rulemaking would clarify the education and examination requirements. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).   The proposed rulemaking would clarify the requirements for part-time experience. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).   This regulation would amend the Board's regulations to conform to changes made to the Child Protective Services Act. Statutory Authority: Section 6383(b)(2) of the Child Protective Services Law, 23 Pa.C.S. § 6383(b)(2) and section 3.2(2) of the Professional Psychologists Practice Act, 63 P. S. § 1203.2(2).	Chris Stuckey [phone]
State Board of Certified Real Estate Appraisers   Continuing Education Enforcement— 49 Pa. Code §§ 36.41 and 36.241. (16A-7016)   Schedule of Civil Penalties— Real Estate Appraisers— 49 Pa. Code § 43b.15a (number not yet assigned)   Certified Pennsylvania Evaluators— 49 Pa. Code § 36.265 (16A-7018)	Spring 2012, as Proposed.         Spring 2012, as Proposed.               Fall 2012, as Proposed	The proposed rulemaking establishes procedures for the enforcement of noncompliance with continuing education requirements. Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2).   The proposed rulemaking will codify and amend the Board's current schedule of civil penalties statement of policy. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a), authorizes the Commissioner to set forth schedules of civil penalties, with the approval of the Board.       This proposed rulemaking would revise requirements for the use of certificate number and title for Certified Pennsylvania Evaluators to make the regulation consistent with standards of USPAP, the International Association of Assessment Officers and existing practice in county assessment offices. Statutory Authority: Section 3 of the Assessors Certification Act, 63 P. S. § 458.3.	Heidy Weirich [phone]
State Real Estate Commission   —Education— 49 Pa. Code §§ 35.384 and 35.385. (16A-5613)       —Advertising and Solicitation— 49 Pa. Code § 35.305 (16A-5620)     —Escrow Requirements— 49 Pa. Code Chapter 35 (16A-5622)   —Schedule of Civil Penalties— 49 Pa. Code § 43b.8 (16A-5623)	Spring 2012, as Final.           Spring 2012, as Proposed.         Spring 2012, as Proposed         Spring 2012, as Proposed.	This regulation would require new licensees to complete a mandatory 14-hour post-licensure course in lieu of their continuing education. Statutory Authority: Sections 404 and 404.1 of the Real Estate Licensing and Registration Act, 63 P. S. §§ 455.404 and 455.404a.   The proposed rulemaking would require licensees to advertise or otherwise hold themselves out to the public only under the name listed on their licenses. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404.   This proposed rulemaking would establish additional escrow requirements consistent with the changes made by Act 14 of 2009. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404   This proposed rulemaking would amend the schedule of civil penalties for the State Real Estate Commission to implement Act 48 civil penalties for continuing education violations. Statutory authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Patricia Ridley [phone]
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors   —Schedule of Civil Penalties— 49 Pa. Code Chapter 43b. (16A-6917)       —Continuing Education Audit and Enforcement— 49 Pa. Code Chapters 47—49 (16A-6918)       —General Revisions— 49 Pa. Code Chapters 47—49 (number not yet assigned)	Spring 2012, as Proposed             Spring 2012, as Proposed               Fall 2012, as Proposed.	This proposed rulemaking would establish a schedule of civil penalties for the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors to implement Act 48 civil penalties for practicing without a licenses or practicing on a lapsed license. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).   This proposed rulemaking would establish provisions for the enforcement of the continuing education requirements for licenses social workers, licenses clinical social workers, licenses marriage and family therapists and licenses professional counselors. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2).   This proposed rulemaking will eliminate outdated regulations, and update existing regulations to comport with current standards of the profession and current practices of the Board. Statutory Authority: Section 6(2) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act, 63 P. S. § 1906(2).	Sandra Matter [phone]
State Board of Examiners in Speech-Language and Hearing   —General Revisions— 49 Pa. Code Chapter 45. (16A-6803)   —Continuing Education and Waivers— 49 Pa. Code Chapter 45 (Number not yet assigned)	Spring 2012, as Proposed.         Spring 2012, as Proposed	This proposed rulemaking would update of the regulations of the Board to delete or amend outdated regulations. Statutory Authority: Section 5(2) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(2).   This proposed rulemaking is intended to delete an outdated grandfathering provision and clarify the continuing education regulations for licensees who hold more than one license issues by the Board. Statutory Authority: Section 5(2) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(2).	Sandra Matter [phone]
State Board of Vehicle Manufacturers, Dealers and Salespersons   —Salesperson License— 49 Pa. Code Chapter 19 (16A-609)	Spring 2012, as Proposed.	This proposed rulemaking would clarify and update the requirements for salespersons in order to permit salespersons to sell at other locations of the same dealer. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).	Janice Cline [phone]
State Board of Veterinary Medicine   —Dental Procedures— 49 Pa. Code Chapter 31 (16A-5718)   —Facilities— 49 Pa. Code Chapter 31 (16A-5720)   —Professional Conduct; Notice of Animal Supervision— 49 Pa. Code § 31.21 (16A-5725)	Spring 2012, as Final.       Fall 2012, as Proposed.         Spring 2012, as Final.	This regulation would address issues relating to veterinary dentistry. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5.   This proposed rulemaking would establish standards for and require registration of veterinary facilities. Statutory Authority: Sections 5 and 27 of the Veterinary Medicine Practice Act, 63 P. S. §§ 485.5 and 485.27.   The regulation would amend the Rules of Professional Conduct for veterinarians to require notice regarding the hours and level of supervision whenever an animal is under the care and custody of the veterinarian's facility. Statutory Authority: Section 5(1) and (2) of the Veterinary Medicine Practice Act (Act) (63 P. S. § 485.5(1) and (2))	Michelle Roberts [phone]
STATE EMPLOYEES' RETIREMENT SYSTEM
4 Pa. Code § 249.53. Exemption from execution; assignment of rights. (This would delete State Employees' Credit Union payment language.)	While this has been proceeding consistent with the CDL and requirements of 4 Pa. Code § 247.11, further action is deferred pending deletion of the corresponding statutory section.	This is obsolete. No credit union currently meets the statutory requirements and it is unlikely that any new ones will. A corresponding statutory amendment is also being considered.	Brian McDonough, Esq. [phone]   Robert Gentzel [phone]   David Durbin [phone]
STATE POLICE
No regulations being developed or considered at this date.
STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date.
TRANSPORTATION
43—Temporary Registration Cards and Plates   67 Pa. Code Chapter 43	March 2012, as proposed	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supersedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations or fines will be removed from the regulation, as these items are now addressed in the required contracts.	Andy Cleaver [phone]
21—Odometer Read Disclosure Statements   67 Pa. Code Chapter 21	Completed, October 2011	Changes needed to bring the regulation current with the Vehicle Code to specify the age at which a vehicle becomes exempt from odometer disclosure.	Andy Cleaver [phone]
175—Vehicle Equipment and Inspection   67 Pa. Code Chapter 175	December 2012, As proposed	Many changes are needed to bring the regulations in line with changes in the Vehicle Code. Other changes are being proposed to add convenience for customers, to update forms and processes, to accommodate changes in vehicle technology and to implement an initiative to update recertification requirements for safety inspectors and electronic recordkeeping of vehicle safety inspection findings.	Kristen Singer [phone]
23—Delivery of Certificates of Title   67 Pa. Code Chapter 23	March 2012, Published for public comment	The method of title delivery has changed due to the electronic lien and title program (75 Pa.C.S. § 1151). This Chapter needs to be updated to reflect the ability to transmit titles with liens electronically, rather than by mail.	Andy Cleaver [phone]
17—Authorization to Verify ID Numbers   67 Pa. Code Chapter 17	December 2012, as proposed	Changes are needed to document the Vehicle Identification Number (VIN) verification process. The VIN verification process is not currently documented in either the Vehicle Code or in regulations.	Andy Cleaver [phone]
84—Dual Control Learner's Permit   67 Pa. Code Chapter 84	December 2012, As proposed	The regulation is being updated to clarify the requirements for issuing a dual control learner's permit.	Rich Kirkpatrick [phone]
255—Messenger Services   67 Pa. Code Chapter 255	March 2012, as proposed	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supersedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations, or fines will be removed from the regulation as these items are now addressed in the required contracts.	Andy Cleaver [phone]
Chapter 427— Public Transportation (Act 44 of 2008)	March 2012, Published for public comment	Act 44 of 2008, Chapter 15, Sustainable Mobility Options, authorizes almost all public transportation funding programs for the Commonwealth. The legislation requires the Department to develop regulations for several sections of the legislation. The temporary regulations were published in the Pennsylvania Bulletin on July 18, 2011. Permanent regulations were published on November 12, 2011. As of December 13, 2011, no comments were received. IRRC has 30 additional days for comments and questions.	LaVerne Collins [phone]
Chapter 101, Authorizing Appropriately Attired Persons to Direct, Control, or Regulate Traffic	November 2012, as proposed	The proposed regulation change is needed to be consistent with a Federal Highway Administration rule making (23 CFR Part 634: ''Worker Visibility Rule''—issued November 24, 2008).	Matt Briggs [phone]

[Pa.B. Doc. No. 12-262. Filed for public inspection February 10, 2012, 9:00 a.m.]