190 Regulatory review

GOVERNOR'S OFFICE

Regulatory Review

[31 Pa.B. 711]

   Executive Order 1996-1, which was signed by Governor Ridge on February 6, 1996, 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 tenth 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	Proposed Date		Agency
Considered	of Promulgation	Need and Legal Basis for Action	Contact
ADMINISTRATION
No regulations being developed or considered at this date.
AGING
PA Code Title VI Chapter 11 Older Adult Daily Living Centers	May 2002, as proposed.	This regulation is being reviewed for consolidation with regulations from DPW and DOH with the intent to publish as part of regulations to be proposed as Adolescent and Adult Day Center Licensing Regulations. Review is also occurring as a result of passage of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S.§§ 10225.101--10225.5102) and of Executive Order 1996-1.	Robert Hussar [phone]
PA Code Title VI Chapter 15 Protective Services For Older Adults	March 2001, as final.	This regulation is being reviewed as a result of the passage of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S.§§ 10225.101--10225.5102) and of Executive Order 1996-1. .	Robert Hussar [phone]
PA Code Title VI Chapter 21 Domiciliary Care Services for Adults	October 2002, as proposed.	Review is continuing as part of a Departmental evaluation in response to Executive Order 1996-1. The review will be coordinated with the Adult Residential Facilities initiative being led by the Office of Licensing and Regulatory Management, Department of Public Welfare.	Robert Hussar [phone]
PA Code Title VI Chapter 3 Fair Hearings and Appeals	January 2002, as proposed.	This regulation has been initially reviewed by stakeholders in response to passage of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S.§§ 10225.101--10225.5102) and of Executive Order 1996-1. The completion of any proposed changes is dependent on the promulgation of final adult protective services regulations.	Robert Hussar [phone]
AGRICULTURE
''Clean and Green'' Regulations 7 Pa. Code Chapter 137	April 2001, as final.	Act 156 of 1998 revised the ''Clean and Green'' Law (72 P. S. §§ 5490.1--5490.13) and afforded the Department until April 30, 2001 by which to promulgate regulations to implement these revisions. The regulations will promote uniform and consistent interpretation and enforcement of the Act Statewide.	Raymond Pickering [phone]
Agricultural Conservation Easement Purchase Program	May 2001, as proposed.	Act 138 of 1998 amended the Agricultural Area Security Law by permitting local government unit participation in agricultural conservation easement purchases. The regulations at 7 Pa. Code Chapter 138e must be revised to implement this statutory change.	Raymond Pickering [phone]
Consolidation/Update of Retail Food Store Regulations	May 2001, as proposed.	This regulation would provide the retail food industry needed and requested guidance for the safe handling of food. The Food Act (31 P. S. §§ 20.1--20.18) is the statutory basis for this regulation.	Lenchen Radle [phone]
Agricultural Security Areas	July 2001, as proposed.	This regulation will revise the current regulation at 7 Pa. Code Chapter 138 to address revisions to the statute on which that regulation is premised: the Agricultural Area Security Law (3 P. S. §§ 901--915).	Raymond Pickering [phone]
Maple Products	March 2001, as proposed.	This regulation is required by the Maple Products Act (3 Pa.C.S. §§ 6101--6112). This regulation would establish standards, product quality practices and facility requirements relating to the production of maple syrup and maple products.	Lenchen Radle [phone]
Amusement Rides	April 2001, as proposed.	This regulation will update the current regulation at 7 Pa. Code Chapter 139 to reflect changes to the Amusement Ride Inspection Act (4 P. S. §§ 401--418).	Charles Bruckner [phone]
Harness Racing Commission	July 2001, 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.	Anton J. Leppler [phone]
Land application of soil and groundwater contaminated with agricultural chemicals	April 2001, as proposed.	This regulation is required under the Land Recycling and Environmental Remediation Standards Act, at 35 P. S. § 6026.101 et seq. This regulation would allow soil and groundwater contaminated with agricultural chemicals to be treated and re-applied upon agricultural lands. Numerous comments have been received with respect to drafts of this regulation, and will be addressed as the regulation proceeds.	Phillip M. Pitzer [phone]
Farm Safety and Occupational Health Grant Program	April 2001, as final.	This regulation is needed to replace an existing statement of policy published in the March 16, 1996 Pennsylvania Bulletin. This regulation would formalize the statement of policy by which the Farm Safety and Occupational Health Grant Program operates. The Program awards grants to fund projects to increase the knowledge and awareness of farm safety measures and occupational health issues among the Commonwealth's rural youth. The proposed regulation was published at 30 Pa.B. 781 (February 12, 2000).	Phillip M. Pitzer [phone]
Farm Safety Tuition Assistance Grant Program	April 2001, as final.	This regulation will establish a program to provide individual grants of up to $100 toward tuition charged by an approved farm safety course provider. The proposed regulation was published at 30 Pa.B. 771 (February 12, 2000).	Phillip M. Pitzer [phone]
Farm Safety Developmental and Instructional Program	April 2001, as final.	This regulation will establish a program to provide grants totaling up to $30,000 for the development or implementation of farm safety courses. The proposed regulation was published at 30 Pa.B. 776 (February 12, 2000).	Phillip M. Pitzer [phone]
Sustainable Agriculture Grant and Loan Programs	April 2001, as final.	This regulation establishes grant and loan programs to implement best management practices. These programs are required under the Sustainable Agriculture Act (3 P. S. §§ 2101--2107).	Dave Bingaman [phone]
Fruit Tree Improvement Program	July 2001, as proposed.	This regulation would facilitate interstate and international export of Pennsylvania-grown fruit tree nursery stock. This regulation would amend 7 Pa. Code Chapter 120, which provides testing and inspection standards and procedures pursuant to which fruit tree nursery stock can be certified as to quality, consistency and disease/insect-free status. The regulation would be a technical update of current provisions, would bring this program into greater conformity with programs in other states and would provide more practical assistance to participating growers.	Ruth Welliver [phone]
Certification of Virus-Tested Geraniums	May 2001, as proposed.	This regulation would amend the current regulatory authority to update the voluntary program pursuant to which geranium producers may obtain the Department's certification of virus-tested geraniums. This amendment would establish an inspection fee to help cover the Department's costs in inspecting and testing geraniums offered for certification. This regulation would amend 7 Pa.Code Chapter 122 to: 1) expand the certification of virus-tested geraniums to include Culture-Indexed Geraniums, which are free from certain economically-important bacterial and fungal pathogens; and 2) establish a reasonable fee for the Department's inspection and certification services.	Ruth Welliver [phone]
Dog Law	May 2001, as proposed.	House Bill 397 of 1996 accomplished revisions of the Dog Law that will necessitate regulatory revisions. This regulation is a long-term project and would amend 7 Pa. Code Chapters 21, 23, 25 and 27 to bring them into greater conformity with statutory revisions. The Dog Law (3 P. S. §§ 459-10 et seq.) is the statutory basis for this regulation.	Richard Hess [phone]
Domestic Animals	July 2001, as proposed.	This 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).	John Enck, DVM [phone]
Pseudorabies Disease 7 Pa. Code Chapter 10	July 2001, as proposed.	The planned revisions of this chapter will assist the Department in attaining ''Pseudorabies-free'' status under the joint Federal-State Industry Pseudorabies Eradication Program, and will bring the current regulation into greater conformity with the requirements of the Domestic Animal Law.	John Enck, DVM [phone]
Aquaculture Development	April 2001, as proposed.	This Aquacultural Development Law requires the Department to develop an ''Aquaculture Development Plan'' through regulation.	Leo Dunn [phone]
BANKING
Continuing education regulations for residential first mortgage lender and broker industry.	June 2001, as proposed.	The Mortgage Bankers and Brokers Act (''MBBA'') is Act 90 of 1989, and has been amended by Act 131 of 1998. Amended section 4(e) of the MBBA provides that the Secretary of Banking shall delineate the requirements for continuing education regulations for licensees (i.e., mortgage bankers, mortgage brokers, and loan correspondents) by regulation within 3 years of the effective date (February 19, 1999) of the amendments to the MBBA. Therefore, continuing education regulations are required to be promulgated by February 19, 2002.	Carter D. Frantz [phone]
Amendments to Banking regulations in 10 Pa. Code Part II to comply with amendments to the Banking Code made by Act 89 of 2000.	June 2001, as proposed.	Act 89 of 2000 substantially amended the Banking Code. Accordingly, some regulations will need to be amended in order to conform to the statutory amendments.	Laurie S. Kennedy [phone]
BUDGET
Fiscal Notes 4 Pa. Code Chapter 7, Subchapter R	March 2001, as final.	Section 612 of the Administrative Code of 1929, as amended, 71 P. S. § 232, provides the authority for the Office of the Budget to promulgate regulations regarding the preparation of fiscal notes. The modified regulation prescribes the process agencies must implement to ensure a fiscal note is written for each proposed, final, and final omitted regulation.	Pamela F. Cross [phone] Ext. 3070
COMMUNITY & ECONOMIC DEVELOPMENT
Industrialized Housing and Components 12 Pa. Code Chapter 145	Spring 2001, as proposed.	The regulation will further clarify and strengthen the Department's and third party's role in monitoring the installation of industrialized housing; adopt the ICC International Building Code; update definitions to bring them into conformance with current terminology and with proposed changes to the placement of insignia of certification; place the determination regarding the frequency of inspection reports on the inspection agency; require manufacturers to ensure that instructions for installation are given to those installing industrialized housing; and increase the fees charged by the Department to offset increases in the cost of administering and enforcing the industrialized housing program.	Jill B. Busch [phone]
Certified Provider	Spring 2001, as proposed.	In accordance with the Job Enhancement Act of 1996, the regulation will establish professional and organizational standards that must be met in order for providers to continue packaging loans on behalf of the Department.	Jill B. Busch [phone]
COMMISSION ON CRIME AND DELINQUENCY
Deputy Sheriffs' Education and Training Board-Amendments to 37 Pa. Code Chapter 421	February 2001, as proposed.	To amend existing regulation to further increase hours of basic training that were increased by Statement of Policy in 2000. Proposed pursuant to the Deputy Sheriffs' Education and Training Act, 71 P. S. §§ 2105--2106, this rulemaking would add law enforcement-related duties to the basic training curriculum.	Stephen Spangenberg [phone] ext. 3040
Bureau of Victims' Services, Victims Compensation Division (formerly Crime Victim's Compensation Board)-Deletion of 37 Pa. Code Chapter 191, replacement with new Chapter 211	March 2001, as proposed.	To create a new chapter reflecting elimination of Crime Victim's Compensation Board and inclusion of its functions under PCCD pursuant to Act 1995-27 of the Special Session on Crime; changes in terminology and operations brought about by that act and by section 4 of Act 1997-57; and citation changes resulting from Act 1998-111 and its relocation of the Crime Victims Act from Title 71 of Purdon's Statutes Title 18. The act at 18 P. S. § 11.312(3) gives the Bureau of Victims' Services the authority, subject to the approval of PCCD, to promulgate regulations to carry out the purposes of the act as it relates to compensation. Also to be revised are monetary ceilings that are obsolete due to inflation and restrictions that are antiquated or that limit flexibility in carrying out the statutory purposes.	Lynn Shiner [phone] ext. 3210
Commission on Crime and Delinquency-Amendments to 37 Pa. Code Chapter 401 (General Provisions), Chapter 405 (Grant Management) and Chapter 407 (Administrative Proceedings)	Summer 2001, as proposed.	To update existing regulations to reflect current operations and eliminate language that is obsolete due to operational or statutory change.	Gerard Mackarevich [phone] ext 3034
CONSERVATION & NATURAL RESOURCES
State Parks Rules and Regulations	April 2001, as proposed.	This revision to state parks rules and regulations will take place after extensive public outreach. Updates are necessary to reflect changes for more efficient operations, increase opportunities for public recreation, and an effort to improve visitor services and to promote good stewardship of public parks. Eight statewide regional public meetings were held in the summer of 2000 to begin to gather input on possible regulatory changes. Parks also conducted roundtable discussions. Legal basis for these regulations is Act 18 of 1995.	Gary Smith [phone]
Conservation of Native Wild Plants	June 2001, as proposed.	This proposal is being developed to update existing native wild plant regulations. The legal basis for these regulations is the Wild Resource Conservation Act of 1982. This update is necessary to change the status of various plants to reflect fieldwork completed during the last three years. Recommendations of the Rare Plant Committee and the Vascular Plant Technical Committee will be considered during the development of this proposed rulemaking.	Chris Firestone, Mike Lester and Dan Devlin [phone]
CORRECTIONS
Review and/or revision of all current Department of Corrections regulations contained in Title 37 of the Pennsylvania Code.	Spring 2001, as proposed.	The purpose of the review is to ensure that the Department's regulations are consistent with current legal standards concerning prison administration and operation. The legal basis for the action is found at Section 506 of The Administrative Code of 1929, 71 P. S. § 186, which grants the Commissioner of Corrections the authority to prescribe regulations for the Department that are not inconsistent with law.	J.D. Shutt [phone]
EDUCATION
22 Pa. Code Chapter 155--Board of State College and University Directors--Personnel	March 2001, as final-omitted.	Chapter 155--This chapter was issued under Section 2 of the Act of February 1970 (P. L. 24, No. 13) (24 P. S. § 20-2002) (Repealed). It was adopted June 12, 1975, 5 Pa. B. 1548.	Ernest Helling [phone]
Chapter 161--School Administrators Handbook		Chapter 161--Statutory authority for this chapter is 71 P. S. § 352.
Chapter 181--Mentally Retarded Exceptional Children		Chapter 181--Taken from the PA Bulletin (Vol. 3, No. 39-9/15/73, p. 2069), the authority was contained in the Act of January 14, 1970, P. L. (1969) 468 (24 P. S. § 13-1372).
Chapter 251--Postsecondary Education Planning Commission--Rules & Regulations		Chapter 251--The Postsecondary Education Planning Commission, formerly known as the 1202 Commission and also known as the 1203 Commission, was authorized by 20 U.S.C., Section 1143 and established by the Governor upon recommendation of the State Board of Education through its resolutionof March 15, 1974.
Chapter 329--Computation of Subsidy		Chapter 329-This chapter provided procedures for calculating the instruction subsidy described in Sections 2502, 2502.5 and 2502.6 of the School Code.
Special Education Services and Programs 22 Pa. Code, Chapter 14 and 22 Pa. Code, Chapter 342	March 2001, as final.	These regulations are necessary to establish procedures for the identification of students who are in need of special education services and programs and to set forth requirements and procedures for the delivery of those services and programs. The revisions of these current regulations will focus on current federal and state law regarding special education services and programs to ensure compliance, consistent and accurate terminology and application of existing provisions. These regulations will be published as a single regulation, Chapter 14. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14) (24 P. S. § 1-101--26-2606-B).	Peter Garland [phone]
Higher Education General Provisions, Foreign Corporation Standards, Institutional Approval, Program Approval 22 Pa. Code, Chapters 31, 36, 40, 42	April 2001, as proposed.	These regulations are necessary to establish procedures for the approval and operation of institutions of higher education in the Commonwealth. Specific revisions are necessary to clarify the intent of the chapters, modify the time frame during which new institutions must achieve accreditation, update provisions for library and learning resources, and amend regulations to accommodate for-profit baccalaureate and higher education. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No.14), Article XXVI-B, §§ 26-2601-B--26-2606-B.	Peter Garland [phone]
Certification of Professional Personnel 22 Pa. Code, Chapter 49	May 2001, as final-omitted.	Revisions to these regulations are necessary to incorporate provisions of Act 48 of 1999, which requires continuing professional development for all certificated educators. Since these revisions will be technical to incorporate a statutory change, they will be promulgated as final rulemaking with the public comment phase omitted.	Peter Garland [phone]
College and University Security 22 Pa. Code, Chapter 33	February 2001, as final.	These regulations govern the responsibility of institutions of higher education for the provisions of college and university security information and the collection and reporting of crime statistics. Revisions are necessary to incorporate provisions for the establishment of and access to daily campus crime logs. These regulations are promulgated under authority of the College and University Security Information Act (P. L. 443, No. 73) (24 P. S. § 2502-1 to 2502-5).	Peter Garland [phone]
Community Colleges 22 Pa. Code, Chapter 35	April 2001, as proposed.	These regulations govern the establishment and operation of community colleges and technical institutes. Revisions to reflect current practice are proposed in the formula calculating Full-Time Equivalent (FTE) Enrollments for reimbursement purposes. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14), Article XXVI-B, §§ 26-2601-B--26-2606-B.	Peter Garland [phone]
Charter School Services and Programs for Children With Disabilities 22 Pa. Code, Chapter 711	March 2001, as final.	The proposed regulations are promulgated to facilitate compliance with Federal statute, regulation and court decrees that apply in the Commonwealth to children with disabilities. The purposes of proposed Chapter 711 are to develop procedures for special education in charter schools and adopt by reference applicable Federal regulations. These regulations will be promulgated under the authority of the Charter School Law, 24 P. S. § 17-1701-A et seq. 1949, March 10, P. L. 30, No. 14, Article XVII-A, § 1701-A, added 1997, June 19, P. L. 225, No. 22, § 1.	Dale Baker [phone]
Charter School Services, General Provisions	May 2001, as proposed.	These regulations will clarify a number of provisions to the Charter School Law, which have been the subject of questions from charter school applicants and school districts. These regulations will be promulgated under the authority of the Charter School Law, 24 P. S. § 17-1701-A et seq. 1949, March 10, P. L. 30, No. 14, Article XVII-A, § 1701-A, added 1997, June 19, P. L. 225, No. 22, § 1.	Dale Baker [phone]
Academic Standards (Science & Technology, Environment & Ecology) 22 Pa. Code, Chapter 4	February 2001, as proposed.	Chapter 4 sets forth requirements for instruction, graduation, strategic planning and assessment based on academic standards. When initially promulgated in 1999, Chapter 4 contained academic standards in reading, writing, speaking and listening, and mathematics. Additional sets of standards were anticipated. This revision to Chapter 4 seeks to establish academic standards in Science and Technology, and Environment and Ecology.	Peter Garland [phone]
General Provisions - State Board of Private Licensed Schools 22 Pa. Code, Chapter 73	July 2001, as proposed.	The proposed revisions to the regulations of the State Board of Private Licensed Schools will amend Section 73.1 (Definitions) to add a new definition of the term ''Seminar'' and modify the current definition of the term ''Nonresident'' and amend Section 73.151 relating to fees to allow the Board to raise sufficient revenue to offset its projected expenditures for fiscal year 2000-01 and 2001-02. These regulations are promulgated under the authority of the Private Licensed Schools Act, Act 174 of 1986 (1986, Dec. 15, P. L. 1585, No. 174, § 1, effective Jan. 1, 1987)(24 P. S. §§ 6501-6518).	Sharon Lane [phone]
General Vocational Education Standards 22 Pa. Code, Chapter 339	September 2001, as proposed.	Educational institutions offering vocational programming have evolved substantially since their inception. Many of the standards defining and governing those institutions were conceived over 30 years ago. A revision of Chapter 339 is necessary to assist schools in developing, funding and maintaining programs that will provide the Commonwealth with a competent workforce. Discussions with the State Board of Vocational Education, as well as practitioners in that field, will be initiated to revise these standards. These regulations are promulgated under the authority of the Pennsylvania School Code, Article 18 on Vocational Education and section 2502.8 on Vocational Education Funding. These standards are also provided for under Chapter 4 of Title 22 of the Pennsylvania Code, section 4.32(a).	John C. Foster [phone]
22 Pa. Code, Chapter 191	Spring 2001, as final.	A new chapter in Pa. Code 22 will provide for procedures for calculating state subsidies for the National School Lunch and School Breakfast programs. These procedures are necessary to incorporate provisions of Act 16 of May 3, 2000, amending the Public School Code of 1949 (P. L. 30, No. 14)(24 P. S. § 1337.1)	Pat Birkenshaw [phone]
22 Pa. Code, Chapters 233 and 237 Professional Standards and Practices Commission By-laws; Definitions	Spring 2001, as proposed.	The statements of policy and regulations defining specific terms are issued under the Professional Educator Discipline Act (24 P. S. § 2070.1 et seq.), which was recently amended by HB 2189 or Act 123 of 2000.	Carolyn Angelo [phone]

 

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Regulation Being	Proposed Date		Agency
Considered	of Promulgation	Need and Legal Basis for Action	Contact
EMERGENCY MANAGEMENT AGENCY
4 Pa. Code Chapter 118 ''Reductions of Major Water Use in the Delaware River Basin Drought Emergency Area''	June 2001, as proposed.	Needed to improve and streamline administration of regulations	Mark Goodwin [phone]
4 Pa. Code Chapter 119 ''Prohibition of Nonessential Water Uses in a Commonwealth Drought Emergency''	June 2001, as proposed.	Needed to improve and streamline administration of regulations	Mark Goodwin [phone]
4 Pa. Code Chapter 120 ''Local Water Rationing Plans''	June 2001, as proposed.	Needed to improve and streamline administration of regulations	Mark Goodwin [phone]
4 Pa. Code Chapter 119a ''Philadelphia Drought Water Emergency Plan''	June 1, 2001, as proposed.	Regulations are outdated and no longer needed	Mark Goodwin [phone]
ENVIRONMENTAL HEARING BOARD
No regulations being developed or considered at this date.
ENVIRONMENTAL PROTECTION
Stream Redesignations-- Little Bush Kill, et al. Clean Streams Law	March 2001, as proposed.	This stream redesignation package includes five streams or portions thereof that were evaluated for redesignation as High Quality (HQ) or Exceptional Value (EV) Waters. The Little Bush Kill (Pike Co.) was evaluated in response to a petition from Bushkill Falls. West Penn Township (Schuylkill Co.) petitioned for redesignation of Lizard Creek. Smithtown Creek (Bucks Co.) was studied as a result of a petition from the Smithtown Creek Watershed Association. The Pennsylvania Fish and Boat Commission requested evaluation of Oswayo Creek (Potter Co.) and Browns Run (Warren Co.). Minor corrective amendments are also included for Buck Hill Creek (Monroe Co.) and Slate Run (Lycoming Co.).	Bob Frey, [phone]
Stream Redesignations Clean Streams Law	Dates undetermined.	DEP has an ongoing program to evaluate streams for possible redesignation in the Water Quality Standards in Chapter 93. Evaluations are undertaken in response to petitions to the EQB as well as requests from the Pennsylvania Fish and Boat Commission or DEP staff. DEP publishes a notice of assessment in the Pennsylvania Bulletin and a local newspaper and requests technical information on each stream. A list of evaluations undertaken or needed and the status of each one can be found on the Bureau of Watershed Conservation web page on DEP's website at www.dep.state.pa.us. Following completion of a draft evaluation report, and if a redesignation is proposed, the recommendations will be presented to the EQB either individually or as part of a group of streams.	Bob Frey, [phone]
Chapter 109--Disinfectants and Disinfection Byproducts Rule Safe Drinking Water Act	April 2001, as final.	This proposal incorporates the provisions of the Federal Disinfectants and Disinfection Byproducts Rule, promulgated in December 1998, into the Safe Drinking Water regulations in Chapter 109. The rule regulates disinfection practices at public water systems by implementing standards to eliminate or minimize harmful byproducts of disinfection treatment processes in public drinking water. The Technical Assistance Center for Small Water Systems (TAC) and Water Resources Advisory Committee (WRAC) reviewed the draft final rulemaking.	Ed Rawski, [phone]
Chapter 109--Interim Enhanced Surface Water Treatment Rule Safe Drinking Water Act	April 2001, as final.	This proposal incorporates the provisions of the Federal Interim Enhanced Surface Water Treatment Rule, promulgated in December 1998, into the Safe Drinking Water regulations in Chapter 109. The rule applies to public water systems that serve 10,000 or more people and that use surface water or ground water under the direct influence of surface water. Implementation of the rule will significantly reduce the level of Cryptosporidium in finished drinking water supplies through improvements in filtration. The filtration provisions of the rule are also expected to increase the level of protection from other pathogens as well. The TAC and WRAC reviewed the draft final rulemaking.	Ed Rawski, [phone]
Chapter 109--Safe Drinking Water Amendments Safe Drinking Water Act	July 2001, as proposed.	This proposal will incorporate into DEP's Safe Drinking Water regulations recently adopted federal initiatives, including the provisions of the Federal Consumer Confidence Report (CCR) Rule, revisions to the Public Notification (PN) regulations, and minor changes to the Lead and Copper Rule. The CCR and PN rules expand and clarify requirements that deal with the public's right to know what is in the water they receive from a regulated public water supplier. The proposal also includes several technical changes to address differences between state and federal regulations at 40 CFR 141 which involve primacy concerns. In addition, the proposal will require regulated entities to submit self-monitoring test data electronically to the Department.	Jeffrey Gordon, [phone]
Chapter 105--Dam Safety and Waterway Management Clean Streams Law; Dam Safety and Encroachments Act	June 2001, as proposed.	Revisions will be proposed to simplify and clarify the regulations, streamline the process for minor wetland encroachments, establish discretion to issue expedited permit decisions during site visits, simplify the application fee schedule, and clarify the Chapters 105 and 106 programs by consolidating rules and procedures for stream channels, floodways and floodplains into one regulation. The Wetlands Protection Advisory Committee (WetPAC) is thoroughly reviewing the issues. The Agricultural Advisory Board (AAB) will also be briefed on developments. The date for EQB consideration of a proposed rulemaking remains tentative at this time pending WetPAC's deliberations.	Ken Reisinger, [phone]
Waste Oil Amendments Solid Waste Management Act	March 2001, as final.	This proposal aligns DEP's hazardous waste program more closely to the federal program for the management of used oil (40 CFR part 279). The proposal also consolidates all waste oil recycling requirements into one chapter. The Solid Waste Advisory Committee (SWAC) reviewed the draft final amendments.	Scott Walters, [phone]
Chapter 250--Land Recycling Program Amendments Land Recycling and Environmental Remediation Standards Act; Solid Waste Management Act	August 2001, as final.	These amendments clarify the existing regulations and update several provisions to reflect current science. The revisions are necessary to provide clear direction to those undertaking the cleanup of a contaminated site and the cleanup standards they must meet. DEP is working with the Cleanup Standards Scientific Advisory Board (CSSAB) in developing the final amendments.	Dave Hess, [phone]
Storage Tank and Spill Prevention Program--Integration of Act 2 Provisions Land Recycling and Environmental Remediation Standards Act	August 2001, as final.	This proposal integrates the provisions of the Land Recycling and Environmental Remediation Standards Act (Act 2 of 1995) into Chapter 245 (Administration of the Storage Tank and Spill Prevention Program). The proposal changes definitions in Subchapter A for consistency between the two programs. In Subchapter D, the proposal incorporates procedures for selecting and attaining one or more of the Act 2 remediation standards into the corrective action process for regulated storage tanks, eliminating language that was based on implementation of the Department's Groundwater Protection Strategy, which was in effect when Subchapter D was adopted in 1993. DEP is working with the Storage Tank Advisory Committee (STAC) in developing the final amendments.	Charles Swokel, [phone]
Host Municipality Fund Allocation Amendments Hazardous Sites Cleanup Act	June 2001, as final.	This proposal clarifies the eligibility requirements for a host municipality to receive a one-time payment from the Host Municipalities Fund. It also modifies the allocation formula for distribution of the one-time payment to replace the Hazardous Waste Site Ranking System established by EPA in Appendix A of 40 CFR 300 with a simpler, less costly and more appropriate method. The proposal clarifies several ambiguities in the existing regulations and responds to recent litigation initiated by a municipality that is host to a commercial hazardous waste treatment facility. SWAC will review the final amendments.	Rick Shipman, [phone]
Household Hazardous Waste Collection and Disposal Small Business and Household Pollution Prevention Program Act; Solid Waste Management Act	August 2001, as final.	This proposal further clarifies the household hazardous waste regulations in Chapters 261, 271 and 272, makes the language consistent with that used in the Small Business and Household Pollution Prevention Program Act and ensures that waste collected as part of a household hazardous waste program is properly managed as hazardous waste rather than as part of the municipal waste stream. Adopted by the EQB in October 2000, the proposal was published for public comment on February 3. SWAC reviewed the proposal and will review the draft final rulemaking.	Tom Hyatt, [phone]
Amendments to the Hazardous Waste Regulations Solid Waste Management Act	June 2001, as proposed.	Minor modifications are proposed to the hazardous waste amendments that were finalized on May 1, 1999, to address changes in the federal regulations since that time and for EPA approval as a federally authorized program. The modifications include minor ''housekeeping'' issues such as exceptions to the blanket substitution of DEP for USEPA where the federal authority cannot be delegated to a state. Other changes include correcting typographical errors and adding clarification or consistency in certain sections. SWAC will review a draft of the proposal.	Rick Shipman, [phone]
Emission Limits for Heavy-Duty Highway Diesel Vehicles Air Pollution Control Act	June 2001, as proposed	This proposal will adopt California regulations to require 2005 and 2006 model year heavy-duty highway diesel engines to meet the same standards in effect for model years 2002 through 2004. The 2002-2004 standards resulted from consent decrees signed by the U.S. Department of Justice, the EPA and the California Air Resources Board (CARB) with seven of the largest heavy-duty diesel engine manufacturers who violated certification regulations. The consent decrees require the manufacturers to meet new lower emission standards by October 1, 2002, for the two-year period. EPA has proposed supplemental standards and test procedures for 2004 and later model year engines, but will not be able to require them until model year 2007. Adopting the California regulations by Pennsylvania and other states will create a de facto national standard, which EPA supports, that would maintain the lower emission standards for 2005 and 2006 model year engines.	Arleen Shulman, [phone]
Emissions of Nitrogen Oxides (NOx) from Combustion Units and Process Heaters Air Pollution Control Act	November 2001, as proposed	As one of the recommendations of the Southeast Pennsylvania Stakeholders Working Group to achieve additional NOx reductions, this proposal would require operators of certain combustion units and process heaters with rated heat inputs between 100 million and 250 million Btus (MMBtus) per hour to implement NOx reduction programs. Facilities would be required to meet an emission reduction program that has a cost effectiveness of less than $3,000 per ton. This proposal is estimated to affect approximately 10 facilities with 35 to 40 units in the Southeast Pennsylvania area. AQTAC will review a draft of the proposal.	Dean Van Orden [phone]
Open Burning of Recyclable Waste Air Pollution Control Act	July 2001, as proposed	This proposed revision will adopt a new definition of ''domestic refuse'' and revise the open burning provisions of Section 129.14(c) to prohibit the burning of leaves, yard wastes and other recyclable materials in areas that are required to have curbside recycling programs.	Terry Black, [phone]
Solvent Cleaning Operations Air Pollution Control Act	September 2001, as final.	This proposal resulted from recommendations of the Southwest and Southeast Ozone Stakeholder Working Groups that DEP adopt programs to reduce VOC emissions from degreasing operations. A stakeholder group consisting of degreaser manufacturers and operators, solvent suppliers and environmental groups met several times over an eight-month period to develop the proposal. The proposed regulations, published on August 28, 1999, establish additional requirements for solvent cleaning operations and new requirements for operations not presently regulated by the provisions of Section 129.63. More recently, DEP has been working with the Ozone Transport Commission to develop a regional approach to solvent cleaning operations.	Terry Black, [phone]
Standards for Existing Commercial and Industrial Solid Waste Incinerator (CISWI) Units Air Pollution Control Act	August 2001, as proposed	On December 6, 2000, EPA published final rulemaking that establishes standards for new commercial and industrial solid waste incinerator (CISWI) units and emission guidelines for the states to use in the development of standards for existing CISWI units. Under the requirements of Sections 111(d) and 129(b) of the federal Clean Air Act, Pennsylvania and other states are required to promulgate regulations within one year of the December 6, 2000, final federal rule implementing the emission guideline requirements. The emission guidelines set forth maximum allowable emission rates for a number of pollutants, including cadmium, lead, mercury, particulate matter, and dioxins/furans.	Terry Black, [phone]
Control of NOx from Cement Kilns and Stationary Internal Combustion Engines Air Pollution Control Act	October 2001, as proposed	This proposal establishes a program to limit the emissions of nitrogen oxides (NOx) from cement kilns and large stationary internal combustion engines. These provisions are proposed to be included in Chapter 145 (Interstate Ozone Transport Reduction). These regulations were previously proposed as part of the Chapter 145 development and are being reproposed for additional public comment. NOx emission reductions are needed to help achieve ozone health-based standards in the eastern United States.	Dean Van Orden, [phone]
New Source Review Air Pollution Control Act	Contingent on EPA action.	The Department's existing new source review regulations will be reorganized and reformatted to make the requirements clear to the regulated community and to facilitate the creation and use of emission reduction credits. The Department will incorporate proposed changes in the Federal new source review requirements as necessary. Drafts of the proposal will be reviewed by the AQTAC. EPA has proposed in its draft new source review (NSR) regulations a number of mechanisms related to generation and use of Emission Reduction Credits (ERC's), and the use of an ''area wide'' plantwide applicability limit (PAL) to address trading issues. The proposed rules were issued in July 1996; however, EPA has not yet issued final rules. With the uncertainty of the nature of the final rules, the Department cannot proceed with revisions of the existing trading regulations until the final EPA rule is promulgated.	Terry Black, [phone]
Radiological Health (Chapters 215, 217, 219, 220, 224, 225, 226, 230 and 232) Radiation Protection Act	May 2001, as final.	The Department is updating its regulations for the control of radioactive material in preparation for becoming an Agreement State with the U.S. Nuclear Regulatory Commission (NRC). One of the NRC requirements for the agreement is to have and maintain compatible regulations with the NRC. The proposed regulations address industrial radiography, well logging, irradiators, medical uses, transportation and packaging, protection standards and licensing. The Department consulted with the Radiation Protection Advisory Committee (RPAC) in developing these regulations. The RPAC will also review the draft final amendments.	William Kirk, [phone]
Amendments to Radiological Health Chapters 221, 227 and 228 Radiation Protection Act	November 2001, as final	This proposal contains minor changes to Chapter 221 to clarify requirements for X-ray use in the healing arts and to improve consistency with federal regulations. A new section on Radiation Safety Requirements for X-ray Calibration Systems is added to Chapter 227. A change to Chapter 228 modifies the radiation monitoring requirements to better accommodate existing equipment. Adopted by the EQB in October 2000, the proposal was published February 3. The RPAC reviewed the proposal and will review the draft final rulemaking.	William Kirk, [phone]
Amendments to Radiological Health Chapter 218, Fees Radiation Protection Act	November 2001, as final	This proposal contains a revised fee structure for registrations, licenses, and inspections of radiation-producing machines and radioactive material. Current fees no longer cover the registration, licensing and inspection costs required by regulation. In addition, DEP's responsibilities will expand to include more complex licensing and inspection when Pennsylvania becomes an Agreement State. With Agreement State status, DEP will assume responsibility for licensing and oversight of decommissioning of a number of sites formerly licensed by the Nuclear Regulatory Commission (NRC). Authority for actual cost recovery is established in these amendments. Adopted by the EQB in January 2001, the proposal will be published for public comment some time in March. The RPAC reviewed the proposal and will review the draft final rulemaking.	William Kirk, [phone]
Licensing of Blasters and Storage, Handling and Use of Explosives Explosives Act; Surface Mining Control and Reclamation Act (SMCRA); and Noncoal SMCRA	April 2001, as final.	This proposal reflects changes that have occurred in the industry and the experience DEP has gained in implementing the program since the regulations in Chapters 210 and 211 were developed in 1972. The proposal addresses requirements that are needlessly more stringent and burdensome than federal requirements; incorporates technological advances resulting from research on the effects of blasting on structures; and enhances DEP's ability to prevent issuance of blasters' licenses to previous violators. The Mining and Reclamation Advisory Board (MRAB) reviewed the draft final regulations.	Rick Lamkie, [phone]
Chapter 90--Coal Refuse Disposal Activities Coal Refuse Disposal Control Act; Surface Mining Conservation and Reclamation Act; Clean Streams Law	April 2001, as final.	This proposal updates Chapter 90 and conforms it with the Coal Refuse Disposal Control Act amendments of 1994. It incorporates new requirements pertaining to site selection, permitting and performance standards and consolidates existing permitting and water supply replacement requirements applicable to coal refuse disposal activities into Chapter 90. The MRAB is reviewing the draft final rulemaking.	Tom Callaghan, [phone]
Chapters 86--88 and 90--Coal Mine Permits/Road Requirements Surface Mine Conservation and Reclamation Act; Coal Refuse Disposal Control Act; Clean Streams Law	July 2001, as proposed	This proposal modifies Chapters 86, 87, 88 and 90 for clarity and consistency with federal regulations. The proposed changes relate to criteria for approval/denial of coalmine permits and to requirements concerning coalmine roads at surface coal mines and coal refuse disposal operations. The MRAB will review a draft of the proposal.	Nevin Strock, [phone]
Chapter 207 - Underground Noncoal Mines General Safety Law	March 2001, as proposed	This proposal will consolidate the regulatory provisions implementing Section 2(f) of the General Safety Law, which regulates worker safety in noncoal mines, into Chapter 207 (Noncoal Mines). Most of these provisions were promulgated by the Department of Labor and Industry over 30 years ago and are found at Title 34, Pennsylvania Code, Chapter 33. DEP's Chapter 207 addresses the use of explosives at noncoal mines and has not been amended since its adoption in 1972. The amendments will address effective safety practices in noncoal mines based on changes in the industry and DEP's administration of the program. DEP proposes to incorporate by reference the U.S. Mine Safety and Health Administration's (MSHA) regulations found at 30 CFR Part 57 and add provisions to address certification of foremen as well as the licensing and duties of blasters.	Richard Stickler, [phone]
GENERAL SERVICES
Surplus State Property 4 Pa. Code, Chapter 41	Summer 2001, as proposed	With the enactment of the Commonwealth Procurement Code (Act 57 of 1998) this Chapter must be substantially amended. Further, there is a need for review and revision of these regulations to implement improvements in the transfer and disposition of state surplus property.	Kelly Powell Logan [phone]
Responsibility 4 Pa. Code Chapter 60	Winter 2001, as proposed	This chapter must be amended to conform with the legislative changes required by Act 57 and to provide for uniform Commonwealth agency debarment and suspension procedures.	Gary F. Ankabrandt [phone]
Instructions to Bidders 4 Pa. Code, Chapter 61	Winter 2001, as proposed	This Chapter has been superseded and should be repealed because such instructions should not be set out in regulatory form. There is a need for flexibility, which can be of benefit to the Department as well as bidders.	Merle H. Ryan [phone]
General Conditions of the Construction Contract 4 Pa. Code, Chapter 63	Winter 2001, as proposed	See comment for Chapter 61.	Merle H. Ryan [phone]
State Art Commission 4 Pa Code, Chapter 65	Winter 2001, as final	The legislation creating the State Art Commission was sunsetted.	Merle H. Ryan [phone]
Emergency Construction Repairs 4 Pa. Code, Chapter 67	Winter 2001, as proposed	The regulation should be amended to more accurately reflect present practice and to delete contract provisions. Such provisions should not be in regulatory form and their deletion will serve the same purpose as noted for Chapter 61.	Merle H. Ryan [phone]
Contract Compliance 4 Pa. Code, Chapter 68	Summer 2001, as proposed	Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services	John R. McCarty [phone]
Methods of Awarding Contracts 4 Pa. Code, Chapter 69	Summer 2001, as proposed	With the enactment of the Commonwealth Procurement Code (Act 57) it is necessary to conform this Chapter with the changes in the law and to address other procurement areas affected by Act 57.	Kelly Powell Logan [phone]
Commonwealth Parking Facilities 4 Pa. Code, Chapter 71	Spring 2001, as proposed	Amendments are required because parking locations have been changed.	James W. Martin [phone]
Commonwealth Automotive Fleet 4 Pa. Code, Chapter 73	Spring 2001, as proposed	The regulation will be amended to eliminate the requirement for a Pennsylvania license to drive a state vehicle and will permit out-of-state licenses.	Gary F. Ankabrandt [phone]
Processing Subscriptions and Sales of Pennsylvania Code and Related Publications 4 Pa. Code, Chapter 81	Fall 2001, as proposed	These regulations should be repealed since the Department of General Services' Bureau of Management Services no longer has responsibility for the processing of subscriptions and orders for the Pennsylvania Code.	John R. McCarty [phone]
First Amendment Rights 4 Pa. Code, Chapter 86	Summer 2001, as proposed	The amendment will extend coverage of the statement of policy to the Philadelphia State Office Building, Pittsburgh State Office Building, Scranton State Office Building, and Reading State Office Building.	Gregory C. Santoro [phone]

 

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Regulation Being	Proposed Date		Agency
Considered	of Promulgation	Need and Legal Basis for Action	Contact
HEALTH
Health Facility Licensure-General & Special Hospitals & Health Planning 28 Pa. Code § 301.1 et seq. 28 Pa. Code § 401.1 et seq.	August 2001, as final-omitted.	The amendments to existing regulations will repeal chapters on health planning (federal program and certificate of need), as statutory authority for both chapters has terminated. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq.	James T. Steele, Jr. [phone]
Health Facility Licensure-General Administrative Chapter & General and Special Hospitals. 28 Pa. Code § 101.1 et seq.	August 2001, as proposed.	The amendments to existing regulations will update the licensure standards for general and special hospitals. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq.	James T. Steele, Jr. [phone]
Home Health Care Agencies 28 Pa. Code § 601.1 et seq.	December 2001, as proposed.	The amendments to existing regulations will provide for consistency with federal conditions of participation in Medicare programs. (Anticipated date of publication of federal regulations is spring of 2001). Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq.	Carol Somerset-Griffie [phone]
Communicable Diseases 28 Pa. Code § 27.1 et seq.	July 2001, as final.	The amendments to existing regulations will make them consistent with current public health practices for the control of communicable and other reportable conditions. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1-521.21.	Yvette M. Kostelac [phone]
School Health Immunization 28 Pa. Code § 23.83	May 2001, as final.	The amendments to existing regulations will add to the list of immunizations required for school entry and for entry into the seventh grade consistent with recommendations by the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices. Pursuant to the Public School Code of 1949, 24 P. S. §§ 1-101, 13-1303a; the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1, 521.16; the Administrative Code of 1929, 71 P. S. §§ 51,532(g), 541(b), and 541(c.1); and the Hepatitis Prevention Act, 35 P. S. §§ 630.1 and 630.2.	Yvette M. Kostelac [phone]
Managed Care Regulations 28 Pa. Code § 9.1 et seq.	April 2001, as final.	The amendments to existing regulations will amend Chapter 9. Managed Care Organizations, Subchapter A. Health Maintenance Organizations, Subchapter D. PHOs and POs and IDs, and Subchapter E. Quality Health Care Accountability and Protection. Pursuant to the Health Maintenance Organization Act, 40 P. S. §§ 1551--1567; and Article XXI of the Insurance Company Law of 1921, as added by the Act 68 (1998) amendment of that law, 40 P. S. §§ 991.2101--991.2193.	Yvette M. Kostelac [phone]
Environmental Health Assessment 28 Pa. Code § 17.1 et seq.	No publication anticipated in the next six months.	The amendments to existing regulations will facilitate the transfer of authority for certain environmental regulations from the former Department of Environment Resources to the Department of Health. Pursuant to 71 P. S. § 532 and 71 P. S. § 1340.101 et seq.	Grace R. Schuyler [phone]
Public Bathing Place Lifeguard Requirements 28 Pa. Code § 18.1; § 18.42	April 2001, as final.	The amendments to existing regulations will provide lifeguard requirements for recreational swimming establishments, and add requirements for lifeguard certification and factors to be considered in determining adequate lifeguard coverage. Pursuant to Act 75 of 1998, amending 35 P. S. §§ 672-680 (the Public Bathing Law).	Grace R. Schuyler [phone]
Special Supplemental Food Program for Women, Infants and Children (WIC Program) 28 Pa. Code § 1101.1 et seq.	June 2001, as proposed.	The amendments to existing regulations will bring the State regulations into compliance with changes in the Federal regulations (7 CFR 246) published December 29, 2000, relating to vendor selection criteria, training requirements, monitoring requirements and compliance investigations, and the vendor appeals process. Pursuant to the Child Nutrition Act of 1966, 42 U.S.C. § 1786, and 71 P.S § 532.	Karin Simpson Gutshall [phone]
Health Facility Licensure/Hospices 28 Pa. Code § 651.1 et seq.	August 2001, as proposed.	These new regulations to license and regulate hospices will, at a minimum, contain standards set forth in regulations for hospices certified as providers under the Medicare Program. Pursuant to the Act 95 (1998) amending the Health Care Facilities Act, 35 P. S. § 448.101 et seq.	Tanya Leshko [phone]
Hearing Aid Sales and Registration/Continuing Education 28 Pa. Code § 25.201 et seq.	April 2001, as proposed.	The amendments to existing regulations will include continuing education requirements for hearing aid fitters, provide for 30-day money back written guarantees on hearing aids, and revise certification fees for consistency with the statute. Pursuant to Act 153 of 1998, amending the Hearing Aid Sales Registration Act, 35 P. S. § 6700-101 et seq.	Tanya Leshko [phone]
Head Injury Program 28 Pa. Code §§ 4.1-4.14 et seq.	May 2001, as final.	These new regulations will facilitate the implementation of this program. Pursuant to the Emergency Medical Services Act, 35 P. S. § 6934(e).	Tanya Leshko [phone]
Newborn Screening 28 Pa. Code § 28.1 et seq.	March 2001, as proposed	The amendments to the existing regulations will add four diseases to the list of required diseases for which newborns must be screened. The amendments will also prescribe the manner by which specimens are to be collected and tested. Pursuant to the Newborn Child Testing Act, 35 P. S. §§ 621--625	Stephanie Michel-Segnor [phone]
Drug and Alcohol Facility Physical Plant Standards 28 Pa. Code §§ 705.1-705.29.	July 2001, as final.	The amendments to existing regulations will establish uniform standards for all residential and non-residential services. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690.101--1690-115.	Keith Fickel [phone]
Schedule of Controlled Substances 28 Pa. Code § 25.75.	March 2001, as final.	The amendments to existing regulations will reschedule dronabinol from Schedule II to Schedule III. Pursuant to the Controlled Substance, Drug, Device and Cosmetic Act, 35 P. S. § 780-101 et seq.	Keith Fickel [phone]
Narcotic Treatment Standards 28 Pa. Code §§ 701 and 715.	August 2001, as final.	The amendments to existing regulations will repeal 4 Pa. Code § 263, transfer regulations to Title 28, and amend and update narcotic treatment, including methadone treatment standards. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690-101--1690.115.	Keith Fickel [phone]
Prevention Activities 28 Pa. Code §§ 701 and 713.	March 2001, as proposed.	The amendments to existing regulations will repeal standards for approval of drug and alcohol prevention activities. Pursuant to the Pennsylvania Drug and Alcohol Abuse and Control Act, 71 P. S. §§ 1690-101--1690.115.	Keith Fickel [phone]
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.
INFRASTRUCTURE INVESTMENT AUTHORITY
No regulations being developed or considered at this date.
INSURANCE
Allocation of Joint Expenses, 31 Pa. Code, Chapter 3, §§ 3.1--3.6	February 2001, as final.	Repeal needs to be effective 01/01/2001 to be consistent with NAIC codified accounting practices and procedures.	Peter J. Salvatore, [phone]
Miscellaneous (Relating to Uniform Classification of Expenses), 31 Pa. Code, Chapter 11, §§ 11.1--11.7	February 2001, as final.	Repeal §§ 11.4-6 and amend § 11.7 to be effective 01/01/2001 to be consistent with NAIC codified accounting practices and procedures.	Peter J. Salvatore, [phone]
Stock Ownership Statements, 31 Pa. Code, Chapter 21, §§ 21.1--21.103	Summer 2001, as proposed.	Amend to update requirements relating to Stock Ownership Statements consistent with NAIC model language.	Peter J. Salvatore, [phone]
Proxies, Consents and Authorizations, 31 Pa. Code, Chapter 23, §§ 23.1--23.96	Summer 2001, as proposed.	Amend to update requirements relating to Proxies, Consents and Authorizations consistent with NAIC model language.	Peter J. Salvatore, [phone]
Acquisitions of Capital Stock (Insurance Company Holding Law) , 31 Pa. Code, Chapter 25, §§ 25.1--25.23	March 2001, as final.	Amend to be consistent with 1993 and 2000 amendments to the authorizing statute and to eliminate unnecessary filing requirements	Peter J. Salvatore, [phone]
Producer Licensing, 31 Pa. Code, Chapter 37, §§ 37.1--37.84	Spring 2002, as proposed.	Amend 31 Pa. Code, Chapter 37, Agent Certificates of Qualification and Broker Licenses, to address fees relating to company appointments.	Peter J. Salvatore, [phone]
Advertising of Insurance, 31 Pa. Code, Chapter 51, §§ 51.1--51.61	Summer 2001, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, [phone]
Special Rules of Administrative, Practice and Procedure, 31 Pa. Code, Chapter 56, §§ 56.1--56.3	Spring 2001, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, [phone]
Objections and Procedure for Hearings on Reports of Examination, 31 Pa. Code, Chapter 58, §§ 58.1--58.3	Summer 2001, as proposed.	Repeal to eliminate outdated, unnecessary requirements consistent with the new examination law adopted in 1992 (40 P. S. §§ 323.1--323.8).	Peter J. Salvatore, [phone]
Cancellations and Refusal to Renew Homeowners Insurance, 31 Pa. Code, Chapter 59, §§ 59.1--59.13	Fall 2001, as proposed.	Amended language to regulation and statute is being drafted pursuant to Executive Order 1996-1.	Peter J. Salvatore, [phone]
Notices for and Appeals of Cancellations and Refusals to Renew Automobile Insurance Policies, 31 Pa. Code, Chapter 61, §§ 61.1--61.14	Fall 2001, as proposed.	Modify regulation consistent with the statute (40 P. S. §§ 1008.1 et seq.). The regulations provide guidance to automobile insurers relating to cancellations and nonrenewals of certain automobile insurance policies, and the available administrative process to secure an administrative review of such terminations.	Peter J. Salvatore, [phone]
Private Passenger Automobile Policy Forms, 31 Pa. Code, Chapter 64, §§ 64.1--64.14	Fall 2001, as proposed.	Repeal pursuant to Executive order 1996-1.	Peter J. Salvatore, [phone]
Charter Amendments, 31 Pa. Code, Chapter 65, §§ 65.21--26	Spring 2001, as proposed.	Amend to eliminate outdated, unnecessary provisions relating to minimum capital and surplus requirements pursuant to Executive Order 1996-1.	Peter J. Salvatore, [phone]
Motor Vehicle Financial Responsibility Law--Evidence of Financial Responsibility, 31 Pa. Code, Chapter 67, §§ 67.21--28	Fall 2001, as proposed.	Amend to make the regulation consistent with statutory requirements.	Peter J. Salvatore, [phone]
Replace Life Insurance Annuities, 31 Pa. Code, Chapter 81, §§ 81.1--9	Summer 2001, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, [phone]
Variable Life Insurance, 31 Pa. Code, Chapter 82, §§ 82.1--91	Fall 2001, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, [phone]
Disclosure in Solicitation of Life Insurance, 31 Pa. Code, Chapter 83, §§ 83.1--57	Summer 2001, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, [phone]
Annuity Disclosure, (NEW Chapter 83a)	Summer 2001, as proposed.	A new regulation to eliminate misleading illustrations, make illustrations more understandable and to standardize the disclosure statement language to be use with the selling of annuities.	Peter J. Salvatore, [phone]
Variable Annuity & Accumulation Contracts, 31 Pa. Code, Chapter 85, §§ 85.1--85.40	Winter 2001, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, [phone]
Requirements for Life Policies and Sales Practices, 31 Pa. Code, Chapter 87, §§ 87.1--87.42	Summer 2001, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, [phone]
Life Insurance Illustrations (New Chapter 87a)	Summer 2001, as proposed.	Act 154 of 1996 provides for life insurance illustration requirements for life insurance policies. The statute sunsets when a life insurance illustration regulation becomes effective. A life insurance illustration regulation will eliminate misleading illustrations, make illustrations more understandable, and standardize terms and illustration formats for the entire life insurance industry. Further, it is more appropriate that technical requirements, such as these, appear in a regulation rather than in statutory form.	Peter J. Salvatore, [phone]
Individual Accident & Sickness Minimum Standards, 31 Pa. Code, Chapter 88, §§ 88.1--88.195	Summer 2001, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, [phone]
Requirements for All Policies and Forms, 31 Pa. Code, Chapter 89, §§ 89.1--89.5, 89.11, 89.17 and 89.21--89.23 and new General Filing Requirements and General Contents of Forms §§ 89a.1--89a.6	Fall 2001, as final.	Changes will be promulgated regarding the deregulation of rates and forms filings for accident and health insurance, as a result of Act 159 of 1996. Changes will be made pursuant to the health care provisions of the Federal Health Insurance Portability and Accountability Act of 1996. Life, annuities and property and casualty general filing requirements are being combined in the new regulation.	Peter J. Salvatore, [phone]
Preparation of Forms, etc., 31 Pa. Code, Chapter 89, §§ 89.12--16, 89.18--89.62 and 89.101	Summer 2001, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, [phone]
Separate Accounts for Principle and Interest Guarantees, 31 Pa. Code, Chapter 90a, §§ 90a.1--90a.31	Winter 2001, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, [phone]
Cash Advances to Insurance Companies 31 Pa. Code, Chapter 105, §§ 105.1--105.2	Summer 2001, as proposed.	Amend to apply to all types of insurers, reflect statutory amendments adopted in 1992 and 1995 and to eliminate outdated, unnecessary provisions relating to cash advancements to insurance companies pursuant to Executive Order 1996-1.	Peter J. Salvatore, [phone]
Public Adjusters, 31 Pa. Code, Chapter 115, §§ 115.1--115.8	Spring 2001, as proposed.	The regulation was initially promulgated to clarify the requirements of public adjuster contracts. The authorizing statute, Act 72, was amended in 1983 (63 P. S. §§ 1601--1608), and the Insurance Department seeks to modify Chapter 115 to be consistent with the revised statutory language. Licensing requirements are being proposed to be added to this regulation.	Peter J. Salvatore, [phone]
Discounting Workers' Compensation Loss Reserves, 31 Pa. Code, Chapter 116, §§ 116.1--116.9	Spring 2001, as final.	Amend the regulation to be consistent with current actuarial practices.	Peter J. Salvatore, [phone]
Discounting Medical Malpractice Loss Reserve, 31 Pa. Code, Chapter 118, §§ 118.1--118.6	Spring 2001, as final.	Amend the regulation to phase out the discounting of Medical Malpractice Loss Reserves by December 31, 2010.	Peter J. Salvatore, [phone]
Management Contracts or Exclusive General Agent Agreements, 31 Pa. Code, Chapter 127, §§ 127.1--127.8	Summer 2001, as proposed.	Amend pursuant to Executive Order 1996-1	Peter J. Salvatore, [phone]
Preparation of Filing of Property and Casualty Forms for Approval, 31 Pa. Code, Chapter 133, §§ 133.1--133.12	Summer 2001, as proposed.	Repeal pursuant to Executive Order 1996-1.	Peter J. Salvatore, [phone]
Description of Reserves-- Prohibited Phrases, 31 Pa. Code, Chapter 139, §§ 139.1--139.3	Summer 2001, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, [phone]
Unfair Insurance Practices; Unfair Claims Settlement Practices, 31 Pa. Code, Chapter 146, §§ 146.1--146.10	Spring 2001, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, [phone]
Privacy of Consumer Financial Information Regulation, 31 Pa. Code, Chapter 146a, §§ 146a.1--146a.45	Spring 2001, as proposed.	This regulation is intended to implement the privacy provisions required by the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.).	Peter J. Salvatore, [phone]
Annual Audited Insurers' Financial Report Required, 31 Pa. Code, Chapter 147, § 147.4	February 2001, as final.	Amend to be consistent with NAIC codified accounting practices and procedures.	Peter J. Salvatore, [phone]
Securities Held Under Custodial Agreements, 31 Pa. Code, Chapter 148, §§ 148.1--148.4	Spring 2001, as proposed.	Amend to eliminate unnecessary forms, add uniform requirements relating to custodial agreements and duties of custodians and update provisions relating to permissible custodians.	Peter J. Salvatore, [phone]
Continuing Care Providers, 31 Pa. Code, Chapter 151, §§ 151.1--151.14	Summer 2001, as proposed.	Amend to be consistent with 1996 statutory amendments relating to the order of distribution of assets in insolvencies and to provide for the voluntary surrender of a certificate of authority.	Peter J. Salvatore, [phone]
Health Maintenance Organizations, 31 Pa Code, Chapters 301, §§ 301.1--301.126	Summer 2001, as proposed.	Amend pursuant to Executive order 1996-1.	Peter J. Salvatore, [phone]
Underground Storage Tank Indemnification Fund--Fee Regulation, 25 Pa. Code, Chapter 971, §§ 971.1--971.4	Summer 2001, as final.	Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 973 and 975 into a new regulation, Chapter 977.	Peter J. Salvatore, [phone]
Underground Storage Tank Indemnification Fund--Fee Collections Regulation, Chapter 973, §§ 973.1-973.12	Summer 2001, as final.	Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 971 and 975 into a new regulation, Chapter 977.	Peter J. Salvatore, [phone]
Underground Storage Tank Indemnification Fund--Voluntary Heating Oil Tank Program, 25 Pa. Code, Chapter 975, §§ 975.1--975.6	Summer 2001, as final.	Repeal the existing regulation for the Underground Storage Tank Indemnification Fund (USTIF). This will be combined with Chapters 971 and 973 into a new regulation, Chapter 977	Peter J. Salvatore, [phone]
Underground Storage Tank Indemnification Fund--Claims Regulation, 25 Pa. Code, (New Chapter 977)	Summer 2001, as final.	Requires underground storage tank owners be in compliance with certain leak detection standards in order to obtain claims coverage from the Underground Storage Tank Indemnification Fund. The proposed regulation establishes requirements for owners to file such claims. This will combine most of 25 Pa. Code, Chapters 971, 973 and 975.	Peter J. Salvatore, [phone]
Workers' Compensation Security Fund Assessment Regulation, xx Pa. Code (new chapter)	Summer 2001, as proposed	HB 1370 passed the GA in 2000 allowing the Fund to develop a regulatory scheme to finance the obligations of the Fund. The proposed regulation will establish reporting requirements for licensed worker's compensation carriers and assessment calculations.	Peter J. Salvatore, [phone]
LABOR AND INDUSTRY
Workers' Compensation Bureau, Workers' Compensation Judges, and Workers' Compensation Appeal Board regulations at 34 Pa. Code Chapters 131, 121, and 111.	Spring 2001, as final.	These rules have not been updated in many years; they need to reflect the changes in the law and practice of workers' compensation. Final form expected to be submitted to Secretary of L&I & IRRC by Spring 2001.	Thomas J. Kuzma [phone]
Work-place Safety Committee Certification; Evaluation of Accident/Illness Prevention Services & Programs of Insurers and Self-insureds; Qualifications of Accident/Illness Prevention Service Providers 34 Pa. Code Chapter 129	January 2001, as final.	The rulemaking implements the health and safety provisions of Article X of the Workers' Compensation Act. The proposed rulemaking specifies the safety committee certification application and renewal processes, and it establishes the necessary program components and evaluation criteria for accident and illness prevention programs maintained or provided by licensed insurers and self-insured employers. In addition, the regulation ensures the uniform application of the provisions of Article X; amends sections 123.202 pertaining to the qualifications of vocational experts; and, amends section 125.133(c)(4) and 125.155 (a) of the self-insurance regulations.	Len Negley [phone]
Underground Storage Facilities	Spring 2001, as proposed.	This regulation will address requirements for natural or man-made caverns used for LPG storage.	James Varhola [phone]
Pennsylvania Minimum Wage Act, Food Service Incentive Program Regulations	Spring 2001, as proposed.	The Department is required to promulgate new regulations to implement the new ''Food Service Incentive Program'' added, via amendment to the Minimum Wage Act and signed into law on December 21, 1998.	Richard Lengler [phone]
Unemployment Compensation Regulations, Title 34. Labor & Industry Regulations	January 2001, as proposed.	The proposed regulation will clarify the meaning of reasonable assurance as it applies to the eligibility of the employees of educational institutions during regularly scheduled non-school periods. Under Section 402.1 of the PA UC Law, a school employee is not eligible for benefits based on school employment during a regularly scheduled non-school period when the individual performed services for a school employer prior to the break and has a reasonable assurance of performing such services following the break.	Jeri Morris [phone]
Asbestos Occupations Accreditation and Certification	June 2001, as proposed.	Act of December 19, 1990, P. L. 05, No. 194, 64 P. S. §§ 2101-2112. This regulation established the Department's worker certification and training provider accreditation program. It also sets up training course requirements. It is based on the Environmental Protection Agency's model plan.	Sharon Lawson [phone]
Uniform Construction Code (UCC) regulations. Act 45 of 1999. (Dry Cleaning & Elevators and Lifting Devices)	Spring 2001, as proposed.	Act 45 of 1999, providing for a uniform statewide building code, requires the Dept. of L&I to promulgate regulations. Because this measure in effect repealed the Dry Cleaning Law, Elevator Law and Fire & Panic Act, the regulations pursuant to each (including those for Personal Care Homes), will be addressed through regulations for Act 45. Personal Care Home regs, previously submitted to OGC, were withdrawn and provisions not addressed in Act 45 regs will be addressed through legislative measure.	Edward L. Leister [phone]
MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND
Payment and Collection of Fund Surcharge 31 Pa. Code §§ 242.1 et. seq.	June 2001, as proposed.	This regulation will clarify and update the basis upon which the Medical Professional Liability Catastrophe Loss Fund's surcharge is to be paid. The regulation will be consistent with the statute as it relates to the procedure for levying, payment and collection of the surcharge. The regulation will clarify the guidelines and requirements governing proper administrative and financial operations of the Fund, and will provide uniform procedures to be used in conducting mediation. Statutory authority 40 P. S.§§ 1301.701 et.seq.	Kenneth J. Serafin [phone]
MILITARY AND VETERANS AFFAIRS
State Veterans Home 43 Pa. Code § 7.1 et. seq.	July 2001, as proposed.	This regulation is necessary to update current regulations, make them more user-friendly. This regulation is a long-term project and would amend 43 Pa. Code Chapter 7.	Eclemus Wright, Jr. [phone]
PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
No regulations being developed or considered at this date.
PROBATION AND PAROLE
No regulations being developed or considered at this date.
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
No regulations being developed or considered at this date.

 

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Regulation Being	Proposed Date		Agency
Considered	of Promulgation	Need and Legal Basis for Action	Contact
PUBLIC WELFARE
Child Protective Services Law 55 Pa. Code Ch. 3490	April 2001, as proposed	This regulation incorporates the amendments to the Child Protective Services Law as a result of Act 127 of 1998. The major changes include: convening of an investigative team for the investigation of suspected child abuse; increased communication between county agencies and law enforcement officials; increased requirements for multi-disciplinary teams; increasing the length of time unfounded reports are retained; and expanded reporting requirements by county agencies to law enforcement officials.	Tom Vracarich [phone]
Child Day Care Services 55 Pa. Code Chs. 3271, 3281, 3291	August 2001, as proposed	This regulation is proposed in response to Governor's Executive Order 1996-1 and to strengthen health and safety requirements in the regulation. The regulation will impact child day care centers, group day care homes and family day care homes. 55 Pa. Code, Chapter 3300, Specialized Day Care Service for Children with Disabilities, will be rescinded in order to comply with the provisions of the Americans With Disabilities Act.	Tom Vracarich [phone]
Administration of County Children and Youth Programs 55 Pa. Code Ch. 3130	March 2002, as proposed	This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the final form federal regulations (effective March 27, 2000) for 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: Permanency 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.	Tom Vracarich [phone]
Subsidized Child Day Care Eligibility 55 Pa. Code Ch. 3040	October 2001, as proposed.	This regulation is proposed in order to clarify existing regulations relating to eligibility requirements for day care subsidy.	Tom Vracarich [phone]
Planning and Financial Reimbursement Requirements for County Children and Youth Social Service Programs 55 Pa. Code Ch. 3140	March 2001, as proposed	This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the final form federal regulations (effective March 27, 2000) for 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: Permanency 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.	Tom Vracarich [phone]
Medical assistance estate recovery 55 Pa. Code Ch. 258	August 2001, as final	This regulation will codify the department's collection practices to recover correctly paid Medical Assistance from the estates of certain deceased recipients age 55 or older who receive Medical Assistance for nursing facility care, home and community based services, and related hospital prescription drug services. Changes effective August 15, 1994 and are the result of OBRA' 93, Act 1994-49, and Act 1995-20.	Tom Vracarich [phone]
Continuation of Medical Assistance throughout pregnancy 55 Pa. Code Chs. 140, 181	March 2002, as proposed	This regulation codifies the provision that Medical Assistance coverage will be continued for pregnant women throughout their pregnancy and postpartum period, regardless of changes in family income that occur after the authorization of MA or cash assistance.	Tom Vracarich [phone]
Exclusion of Resources-Medical Assistance children 55 Pa. Code Chs. 140, 178	April 2001, as final-omitted	This regulation codifies the provision that resources are excluded in the Medical Assistance eligibility determination process for supplemental security income (SSI) related, general assistance (GA) related, and TANF-related persons under 21 years of age and for SSI-related, TANF-related, and GA-related families with children under 21 years of age.	Tom Vracarich [phone]
Workfare/Community Service 55 Pa. Code Chs. 166, 275	February 2002, as proposed.	The revisions clarify who may be assigned and the priority and factors to be considered in making Workfare program assignments, define responsibilities of county assistance offices and project operators regarding participation expenses and program requirements, and provide for grievance rights for Workfare recipients and regular employees. Provisions of Act 1995-20 will also be incorporated into this regulation package.	Tom Vracarich [phone]
Elimination of PACE requirement 55 Pa. Code Ch. 181	April 2001, as final-omitted.	This regulation codifies the elimination of the deduction from income for the PACE program and the mandate to enroll in the PACE program as required by Title XIX.	Tom Vracarich [phone]
Real property liens 55 Pa. Code Chs. 101, 121, 177, 183, 257, 297	June 2001, as proposed.	This regulation codifies the elimination of the requirement that applicants who own real property, including mobile homes, which are used as their primary residence, will no longer be required to sign a lien encumbering their residence as a condition of eligibility for cash assistance. The Department intends to rescind 55 Pa. Code Chapter 257, regarding Reimbursement. Instead, the Department will propose a new chapter governing reimbursement policy for cash assistance recipients and applicants who own personal property	Tom Vracarich [phone]
Criminal history 55 Pa. Code Chs. 125, 133, 141	December 2001, as proposed.	This regulation incorporates the Act 1995-20 provision that prohibits the granting of assistance to any person sentenced for a felony or misdemeanor who has not satisfied the penalty imposed by law by having completed the period of incarceration and by paying all fines, costs, and restitution. Act 1996-35 expands the satisfied penalty requirement to include compliance with an approved payment plan	Tom Vracarich [phone]
Act 1996-35 - Provisions Effective March 3, 1997 55 Pa. Code Chs. 105, 125, 133, 140, 141, 145, 151, 153, 165, 168, 177, 178, 181, 183, 187, 255	July 2001, as final- omitted.	This regulation incorporates provisions of the TANF program implemented 3/3/97 by NORC including establishing RESET; requiring applicants and recipients to enter into an agreement of mutual responsibility with the department; and further defining Title IV-D cooperation requirements and procedures for TANF and GA applicants and recipients. Act 1996-35 provisions applicable to the TANF program may not be implemented until federal approval is received.	Tom Vracarich [phone]
Medical support rights 55 Pa. Code Ch. 187	December 2001, as proposed.	This regulation will require Medical Assistance applicants/ recipients to assign their medical support rights to the Commonwealth and apply for Title IV-D support services as conditions of eligibility.	Tom Vracarich [phone]
Annuity rule 55 Pa. Code Ch. 178	December 2001, as proposed.	This regulation codifies the provision that in addition to the current provision permitting the institutionalized spouse to provide part of his monthly income to the community spouse whose income is below the minimum monthly maintenance needs allowance, either the institutionalized spouse or their representative may file an appeal and seek an administrative order permitting the protection of additional resources to enable the community spouse to purchase an annuity that will generate sufficient income to bring her income up to the minimum monthly maintenance needs allowance	Tom Vracarich [phone]
Intentional Program Violations 55 Pa. Code Chs. 255, 275, 501	April 2001, as final-omitted.	This regulation incorporates federal mandates by the U.S. Department of Agriculture and the U.S. Department of Health and Human Services that individuals found to have committed an intentional program violation is subject to an immediate disqualification penalty regardless of the individual's current eligibility status for benefits.	Tom Vracarich [phone]
Food Stamp Disqualification Penalties 55 Pa. Code Ch. 501	December 2001, as proposed.	This regulation incorporates a revision to the Food Stamp disqualification penalties as required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The revision increases the Food Stamp intentional program violation disqualification penalties from six months to one year for the first violation and from one year to two years for the second violation.	Tom Vracarich [phone]
Employment Requirements for Two-Parent Households: Definition of Unemployment 55 Pa. Code Chs. 153, 178	December 2001, as proposed.	This regulation codifies the provision in the current Temporary Assistance for Needy Families (TANF) State Plan that DPW is revising the definition of unemployment so that working parents who meet financial eligibility requirements and are otherwise eligible may receive TANF until their income exceeds eligibility limits or they exhaust their 60 months of TANF.	Tom Vracarich [phone]
Family Violence Option 55 Pa. Code Ch. 187	July 2001, as proposed.	This regulation codifies provisions in the TANF State Plan to screen and identify victims of domestic violence, refer those individuals to counseling and supportive services, and waive certain program requirements, including support requirements, for those individuals, as needed.	Tom Vracarich [phone]
Increases in Payment for Burial and/or Cremation 55 Pa. Code Ch. 285	December 2001, as proposed.	This regulation codifies an increase to the maximum payment for burial and/or cremation for eligible persons. A decreased person of any age who received or was eligible to receive a money payment -- TANF, General Assistance, State Blind Pension, or Supplemental Security Income -- may be eligible for a maximum burial and/or cremation payment of $750, if there are no resources that reduce the payment.	Tom Vracarich [phone]
Early and Periodic Screening Diagnosis Treatment (EPSDT) 55 Pa. Code Chs. 1101, 1121, 1123, 1147, 1241	September 2001, as final-omitted.	This regulation relating to services provided as a follow-up to an EPSDT visit or encounter that are not currently recognized under the approved Medical Assistance (Medical Assistance) State Plan.	Tom Vracarich [phone]
Medical Assistance case management services 55 Pa. Code Ch. 1239	July 2001, as final- omitted.	This final regulation codifies payment for medically necessary case management services as mandated by Omnibus Budget Reconciliation Act '89 to Medical Assistance recipients under the age of 21.	Tom Vracarich [phone]
General Assistance Restructure - Act 1994-49 55 Pa. Code Chs. 1101, 1121, 1149	July 2001, as final-omitted.	This final regulation codifies Act 1994-49 provisions that affect the medical benefits of General Assistance recipients over the age of 21 when these services are solely state funded. These recipients are no longer eligible for (1) dental services unless their medical condition or handicap requires services to be provided in an ambulatory surgical center, short procedures unit or inpatient hospital; (2) medical supplies and equipment except as prescribed for family planning or with home health agency service; and (3) prescription drugs except legend birth control drugs.	Tom Vracarich [phone]
Discontinue coverage-- infertility 55 Pa. Code Chs. 1121, 1126, 1129, 1141, 1163, 1221, 1225, 1243	July 2001, as final-omitted.	This final regulation codifies Act 1994-49 provisions that discontinue payment for all drugs, devices, products, services and procedures that are used or related to treating infertility, including surrogacy services, effective September 1, 1994.	Tom Vracarich [phone]
Residential Treatment Facilities (RTF) for mental health services 55 Pa. Code Chs. 1157, 1165	September 2001, as final-omitted.	This regulation codifies coverage for mental health services to children under 21 years of age that are provided in a residential treatment facility.	Tom Vracarich [phone]
Pharmaceutical services drug coverage 55 Pa. Code Ch. 1121	July 2001, as final-omitted.	This regulation provides that the medical assistance program provides drug coverage to medically needy only recipients receiving nursing facility services. This includes medically needy only recipients who reside in nursing facilities and intermediate care facilities/mental retardation (ICF/MR).	Tom Vracarich [phone]
$150 deductible for General Assistance recipients 55 Pa. Code Ch. 1101	September 2001, as final-omitted.	This regulation implements Act 1996-35 provisions imposing a $150 deductible on inpatient and outpatient hospital services and ambulatory surgical center services, except laboratory and x-ray services for General Assistance and General Assistance-related Medical Assistance recipients.	Tom Vracarich [phone]
Early Intervention Services 55 Pa. Code Chs. 4225, 4226	January 2002, as final.	This regulation will establish program regulations for early intervention services in keeping with the Federal regulations under the Individuals with Disabilities Education Act (IDEA) and Act 212 of 1990. Early intervention services regulations are called for by the Legislative Budget and Financing Committee Report on early intervention services.	Tom Vracarich [phone]
MH Wraparound 55 Pa. Code Ch. 1154	September 2001, as final-omitted.	This final regulation codifies requirements necessary to receive reimbursement for medically necessary outpatient wraparound mental health services for individuals under 21 years of age with a diagnosis of mental illness or emotional disturbance.	Tom Vracarich [phone]
Family Planning 55 Pa. Code Ch. 1101	July 2001, as final-omitted.	This final regulation removes family planning clinics from the list of providers limited under the General Assistance Basic Health Care Package to 18 practitioner's office and clinic visits per year.	Tom Vracarich [phone]
Physician Assistant/Midwife 55 Pa. Code Ch. 1141	July 2001, as final-omitted.	This final regulation codifies revised supervision requirements for physician assistants and midwives.	Tom Vracarich [phone]
Discontinuance of the Mandatory Second Opinion Program 55 Pa. Code Ch. 1150	April 2001, as final-omitted.	This final regulation removes the mandatory second opinion program requirement for certain surgical procedures.	Tom Vracarich [phone]
D&A Clinics 55 Pa. Code Ch. 1223	April 2001, as final-omitted.	This final regulation revises the enrollment policy for outpatient drug and alcohol clinics.	Tom Vracarich [phone]
Capital Component Payment for Replacement Beds 55 Pa. Code Ch. 1187	July 2001, as proposed.	This regulation takes the policy as set forth in the Statement of Policy and promulgates it into the regulations.	Tom Vracarich [phone]
Intergovernmental Transfer 55 Pa. Code Ch. 1187	July 2001, as final-omitted.	This regulation will extend the county nursing facility Transition Rates according to the Intergovernmental Transfer Agreement.	Tom Vracarich [phone]
New Definition of ''Emergency Medical Condition'' 55 Pa. Code Chs. 1101, 1141, 1150, 1221	June 2001, as final-omitted.	This final regulation codifies the revised definition of ''emergency medical condition'' contained in the Balanced Budget Act of 1997, effective July 1, 1998.	Tom Vracarich [phone]
Definition of Medically Necessary 55 Pa. Code Ch. 1101	June 2001, as proposed.	This proposed regulation replaces the current definition of ''medically necessary'' with the definition found in the HealthChoices Request for Proposal.	Tom Vracarich [phone]
Provision of Drug and Alcohol Treatment 55 Pa. Code Ch. 1223	June 2001, as final-omitted.	This final regulation eliminates the need for the supervisory physician to perform a physical exam within 15 days following intake and before the provision of treatment.	Tom Vracarich [phone]
Invoicing for Services 55 Pa. Code Ch. 1101	July 2001, as final-omitted.	This regulation revises the invoice submission requirements for nursing facilities	Tom Vracarich [phone]
Exceptional Payments for Durable Medical Equipment 55 Pa. Code Ch. 1187	July 2001, as final-omitted.	This regulation provides for payment for exceptional DME separate from and in addition to the case mix payment rate.	Tom Vracarich [phone]
REVENUE
Cigarette Tax 61 Pa. Code §§ ____ (section number to be determined; still in drafting stage.)	Summer 2001, as proposed.	On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the ''Master Settlement Agreement,'' with the Commonwealth. On June 22, 2000, Act 54-2000, known as the Tobacco Settlement Agreement Act, was signed into law. Pursuant to Act 54, the Department is proposing a regulation, which describes the responsibilities for participating and nonparticipating tobacco product manufacturers and cigarette stamping agents.	Douglas A. Berguson [phone]
Construction Contractors 61 Pa. Code §§ _____(section number to be determined; still in drafting stage.)	Spring 2001, as proposed.	This proposal sets forth the rules relating to construction contractors as well as the Department's interpretation of Act 45-1998.	Douglas A. Berguson [phone]
Computer Software, Hardware and Related Transactions 61 Pa. Code § 31.33	Winter 2001, as final.	Pursuant to Act 7-1997, various types of computer services are no longer subject to sales and use tax on or after July 1, 1997. However, certain computer related transactions remain subject to tax. This regulation provides guidance concerning these transactions.	Douglas A. Berguson [phone]
Employer Returns and Other Withholding Provisions 61 Pa. Code §§ 113.2, 113.3, 113.3a, 113.3b, 113.3c, 113.4, 113.4a, 113.7 and 121.16	Summer 2001, as proposed.	The Department is proposing amendments to various withholding regulatory sections, including requiring an employer who is required to file 250 or more withholding statements, to forward to the Department the reconciliation statement with such withholding statements via electronic or magnetic media as specified in the instructions of the Department. In addition, § 121.16 is amended to delete language relating to the filing of a W-2 with Form PA-40 as evidence of taxes withheld.	Douglas A. Berguson [phone]
File-by-phone (TeleFile) System and Federal and State Electronic Tax Filing Program 61 Pa. Code §§ 117.19--117.21	Summer 2001, as proposed.	The file-by-phone (TeleFile) program involves the filing of a Pennsylvania personal income tax return by phone. The Federal and State electronic tax-filing program involves the filing of a Pennsylvania personal income tax return as part of the Federal and State Electronic Filing Program.	Douglas A. Berguson [phone]
Partial Refunds For Bad Debts 61 Pa. Code §§ 33.3 and 33.5	Summer 2001, as final.	This regulation explains the application of section 247.1 of the TRC (72 P. S. § 7247.1) relating to partial refund of sales tax attributed to bad debts.	Douglas A. Berguson [phone]
Realty Transfer Tax Amendments 61 Pa. Code, Chapter 91	Summer 2001, as proposed.	The amendments to Chapter 91. Realty Transfer Tax, are made to address numerous legislative changes and to bring the regulatory provisions into conformity with Departmental policy.	Douglas A. Berguson [phone]
Supplemental Unemployment Benefit Plan 61 Pa. Code §§ 101.1 and 101.6	Winter 2001, as final.	This regulatory amendment will provide an explanation of the meaning and scope of the exclusion from compensation in section 301(d)(vi) of the TRC (72 P. S. § 7301(d)(vi)) for employer or labor union payments for supplemental unemployment programs. The changes will address the tax treatment of programs offered to provide supplemental benefits to employees terminated from service as a result of layoff, workforce reduction, plant closings or other involuntary terminations.	Douglas A. Berguson [phone]
Termination Pay, Severance Pay and Early Retirement Incentive Programs 61 Pa. Code §§ 101.1 and 101.6	Winter 2001, as final.	This regulatory change will clarify the taxation of termination pay, severance pay, early retirement incentive programs and programs offered by employers to provide benefits to employees in addition to those in qualifying retirement plans upon separation from service. This regulation also interprets section 301(d) of the TRC (72 P. S. § 7301(d)) to mean that Federal insurance benefits paid under the Railroad Retirement Act and guaranteed payments to a partner of a partnership for services to the partnership are excluded from compensation.	Douglas A. Berguson [phone]
Utility Gross Receipts Tax 61 Pa. Code §§ 160.21--160.43	Fall 2001, as final.	The Department is proposing this regulation to clarify the changes to the utility gross receipts tax brought about by utility deregulation (Act 138-1996) codified in Title 15 and Title 66. This regulation will also provide guidance and clarity to out-of-state businesses and the emerging industry.	Douglas A. Berguson [phone]
Vending Machines 61 Pa. Code § 31.28	Spring 2001, as final.	This regulation sets forth the Department's interpretation of Act 45-1998 as it relates to vending machines.	Douglas A. Berguson [phone]
SECURITIES COMMISSION
''Financial reports to security holders'' 64 Pa. Code § 606.011	May 2001, as proposed.	The Commission plans to amend this regulation to require issuers of debt securities by non-profit organizations to provide PA purchasers with annual financial statements.	G. Philip Rutledge [phone]
''Revision of broker-dealer and agent licensing regulations'' 64 Pa. Code § 301.011, 020, 061; § 304.011; § 305.019	May 2001, as proposed.	The Commission plans to revise this regulation to conform to the requirements of the federal National Securities Markets Improvement Act of 1996.	G. Philip Rutledge [phone]
''Examination requirements for agents'' 64 Pa. Code § 303.031	May 2001, as proposed.	The Commission plans to remove the Series 66 exam requirement and to add waivers similar to those found in 64 Pa. Code § 303.032.	G. Philip Rutledge [phone]
''Revision of Advertising Regulations'' 64 Pa. Code § 606.031--034	May 2001, as proposed.	The Commission plans to revise this regulation to conform to the requirements of the federal National Securities Markets Improvement Act of 1996.	G. Philip Rutledge [phone]
''Delegation and substitution'' 64 Pa. Code § 606.041	May 2001, as proposed.	The Commission plans to amend this regulation to update delegated authority within the Commission. G. Philip Rutledge [phone]
''Charitable contributions to pooled income funds exempt'' 64 Pa. Code § 202.093	May 2001, as proposed.	The Commission plans to revise this rule to permit registered persons to receive sales commissions and to recognize use of federally covered advisers by the charity.	G. Philip Rutledge [phone]
''Charitable gift annuities'' 64 Pa. Code § 202.095	May 2001, as proposed.	The Commission plans to revise this regulation to permit registered persons to receive sales commissions.	G. Philip Rutledge [phone]

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Regulation Being	Proposed Date		Agency
Considered	of Promulgation	Need and Legal Basis for Action	Contact
STATE
State Athletic Commission 58 Pa. Code, Chapter 21 (16-17)	Summer 2001, as final.	Comprehensive revisions to 58 Pa. Code will reflect statutory changes to the Pennsylvania Athletic Code and changes in commission procedures. The regulations will be promulgated pursuant to the Pennsylvania Athletic Code (5 Pa.C.S.A. § 101 et. seq.).	Greg Sirb [phone]
Navigation Commission for the Delaware River and Its Navigable Tributaries 13 Pa. Code, Ch. 201--209. (16A-662)	Fall 2001 as final.	Proposed comprehensive revisions will enhance navigational safety, eliminate obsolete regulations and reflect statutory changes pursuant to 55 P. S. § 31 and 71 P. S. § 670.2(4).	L. Lawrence Boyle [phone]
State Board of Auctioneer Examiners Schedule of Fees - 49 Pa. Code § 1.41. (16A-644)	Spring 2001, as final.	The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: 63 P. S. § 734.6.	Linda Dinger [phone]
Examination Fees 49 Pa. Code § 1.41. (16A-645)	Spring 2001, as final.	The regulation updates the Board's examination fee. Statutory authority: 63 P. S. § 734.6(a)
State Board of Barber Examiners--General Revisions 49 Pa. Code, Chapter 3. (Number not yet assigned.)	February 2001, as proposed.	The Board proposes to revise and update its entire chapter and repeal antiquated provisions. Statutory authority: 63 P. S. § 566.4(b).	Sara Sulpizio [phone]
State Board of Cosmetology Application Fees 49 Pa. Code § 7.2. (16A-458)	June 2001, as final.	The regulation amends the Board's fee schedule by revising fees to reflect the actual cost incurred by the Board to provide the following services: licensure of cosmetologist, manicurist or cosmetician; licensure of cosmetology, manicurist or cosmetician shop; licensure of cosmetology school, licensure by reciprocity; registration of cosmetology apprentice; approval of cosmetology school supervisor; change in cosmetology shop (inspection required); and reinspection of cosmetology shop. New fees are added to include reinspection of cosmetology school; certification of student or apprentice training hours; certification of examination scored; and verification of licensure, registration permit or approval. Statutory authority: 63 P. S. § 522(a).	Sara Sulpizio
Delete Exam Fees 49 Pa. Code § 7.2 (16A-460)	June 2001, as final.	The regulation will amend the Board's fee schedule by deleting references to examination fees, which are determined by contract. [phone]
General Revisions 49 Pa. Code §§ 7.1 et. seq.	December 2001, as proposed.	The Board plans a comprehensive amendment to Chapter 7 to bring existing regulations up to date and to clarify requirements for sanitation and the provisions of advanced anesthetic services.
State Architects Licensure Board--Biennial Renewal Fees 49 Pa. Code § 9.3. (16A-415)	Winter 2001, as final.	The regulation will adjust the biennial renewal fees for architects to reflect actual Board costs and to fix the fees to match Board revenues with expenditures. Statutory authority: 63 P. S. § 34.11.	Dorna Thorpe [phone]
State Board of Accountancy--General Revisions 49 Pa. Code, Chapter 11. (16A-559)	March 2001, as proposed.	The regulations repeal outdated and unnecessary requirements; clarify certain issues relating to examination, certification and practice; and make editorial changes. Statutory authority: 63 P. S. § 9.3(10)-(12).	Dorna Thorpe [phone]
State Board of Funeral Directors--Application/Certification/Verification/ Reinspection Fees 49 Pa. Code § 13.12. (16A-482)	Winter 2001, as proposed.	The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: Section 18.1 of the Funeral Director Law, act of January 14, 1952(P. L. 1951-1898, No. 522), as amended, 63 P. S. § 479.18.1.	Cheryl Lyne [phone]
Unprofessional Conduct 49 Pa. Code § 13.201, 202. (Number not yet assigned.)	Summer 2001, as proposed	The amendment adds to the Board's standards of practice and conduct. Section 16(a) of the Act, 63 P. S. § 479.16(a).
General Regulation Update 49 Pa. Code § 13.1 et. seq. (Number not yet assigned.)	Summer 2001, as proposed.	These amendments update the Board's regulation to reflect current regulatory practice. Section 16(a) of the Act, 63 P. S. § 419.16(a).
State Board of Landscape Architects Application Fees 49 Pa. Code §§ 15.12, 15.57. (16A-615)	Spring 2001, as final.	The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Section 5 of the Law, 63 P. S. § 905, requires the Board to adopt fees by regulation to match Board revenues with expenditures.	Shirley Klinger [phone]
Examination Fees 49 Pa. Code § 15.12 (16A-616)	Spring 2001, as final.	The regulation will update the Board's examination fee. Statutory authority: 63 P. S. § 904(2).
State Board of Medicine--General Delegation 49 Pa. Code, Ch. 16. (16A-4912)	Summer 2001, as proposed.	This regulation would establish standards for the delegation of medical services to qualified personnel. Statutory authority, Section 17(b) of the Medical Practice Act, 63 P. S. § 422.17(b).	Cindy Warner [phone]
Fees 49 Pa. Code §§ 16.13, 16.17, 18.303. (16A-4910)	Winter 2001, as final.	The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. The Board has authority to adopt such regulation under Section 6 of the Medical Practice Act, 63 P. S. § 422.6.
State Board of Vehicle Manufacturers, Dealers and Salespersons--Consignment Sales 49 Pa. Code § 19.19. (16A-601)	Winter 2001, as proposed.	This regulation sets forth the standards by which dealers may engage in consignment sales. Section 4(9) of the Board of Vehicles Act, Act of December 22, 1983 (P. L. 306, No. 84), as amended, 63 P. S. § 818.4(9).	Teresa Woodall [phone]
General Revisions 49 Pa. Code § 19.1 et. seq. (16A-602)	Summer 2001, as proposed.	This regulation would update the Board's regulations consistent with the 1996 amendments to the Board of Vehicles Act. Section 4(9) of the Act, 63 P. S. § 818.4(9).
Auction License 49 Pa. Code § 19.21 (16A-603)	Summer 2001, as proposed.	This regulation would set out standards for licensure as a vehicle auction, a new category of licensure created by the 1996 amendments to the Board of Vehicles Act. Section 4(9) of the Act, 63 P. S. § 818.4(9).
Display Requirements 49 Pa. Code § 19.18 (16A-604)	Summer 2001, as proposed.	This regulation would set out criteria by which a sales lot would be distinguished from a display lot and would permit the display of up to five vehicles in a non-conforming display area. Section 4(9) of the Act, 63 P. S. § 818.4(9).
State Board of Nursing-- RN General Revisions 49 Pa. Code §§ 21.1-- 21.126. (16A-516)	January 2001, as proposed.	These regulations will update or repeal outdated provisions pertaining to registered nurses and consolidate all regulatory provisions pertaining to registered nurse education programs. Revisions to the regulations are authorized by Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).	Ann Steffanic [phone]
LPN General Revisions 49 Pa. Code §§ 21.141-- 21.234. (16A-519)	Summer 2001, as proposed.	These regulations will update or repeal outdated provisions pertaining to licensed practical nurses and consolidate all regulatory provisions pertaining to practical nurse education programs. Revisions to the Practical Nurse Law are authorized under Section 17.6, 63 P. S. § 667.6.	Ann Steffanic [phone]
Conscious Sedation 49 Pa. Code § 21.14 (16A-5114)	Spring 2001, as proposed.	This regulation embodies the statement of policy on conscious sedation at 49 Pa. Code § 21.413(d). Authority under 2.1(k), 63 P. S. § 212.1(k) of the Professional Nursing Law.
Oral Orders 49 Pa. Code §§ 21.14; 21.145 (16A-5115)	Spring 2001, as proposed.	This regulation permits LPNs to accept oral orders in non-exigent circumstances. Authority under 2.1(k), 63 P. S. § 212.1(k) of Professional Nursing Law and Section 17.6, 63 P. S. § 667.6 of the Practical Nurse Law.
State Board of Nursing-- CRNP Programs 49 Pa. Code §§ 21.260-278; 286-289 (Number not yet assigned.)	Fall 2001 as proposed.	This regulation establishes requirements for CRNP education programs approved by the Board. Authority under Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).
CRNP Prescriptive Authority Fees 49 Pa. Code § 21.253. (Number not yet assigned.)	Spring 2001 as proposed.	This regulation revises the Board's schedule of fees to reflect the actual cost of the services provided. These regulations are authorized under Section 11.2 of the Professional Nursing Law, 63 P. S. § 221.2.
State Board of Osteopathic Medicine Sexual Misconduct 49 Pa. Code, Chapter 25. (Number not yet assigned.)	Fall 2001 as proposed.	Through the monitoring of its disciplinary process, including consumer complaints and disciplinary actions, the Board believes that enforcement standards are needed to notify licensees of acts which the Board deems unprofessional. The Board has authority to adapt regulations necessary to carry out the act under Section 16 of the Act, 63 P. S. § 271.16.	Gina Bittner [phone]
State Board of Podiatry-- Application Fees 49 Pa. Code, Chapter 29. (16A-444)	Winter 2001, as proposed.	This regulation apportions costs of providing Board services to specific applicants and licensees and eliminates references to exam fees. Statutory authority, 63 P. S. § 42.15.	Gina Bittner [phone]
State Board of Veterinary Medicine--Continuing Education Requirements- 49 Pa. Code § 31.15. (16A-5711)	Spring 2001, as final.	This regulation will limit the number of continuing education credits that may be earned from individual instruction programs.	Robert Kline [phone]
Prescription Drugs 49 Pa. Code § 31.21 Principle 8. (16A-5712)	Summer 2001, as proposed.	This regulation will require veterinarians to meet specified standards regarding dispensing, packaging and labeling of prescription drugs and will mandate that veterinarians use only current, unexpired drugs.
Eliminate Examination Fees 49 Pa. Code §§ 31.3,.11,.32-.35,.41 (16A-5713)	December 2000 as proposed.	This regulation would eliminate references to the fee charged by the national testing organization for the national licensure examination. The regulation would also clarify issues regarding the impact of past criminal history on applicants for licensure as animal health technicians.
State Board of Dentistry- Administration of General Anesthesia, Conscious Sedation and Nitrous Oxide/Oxygen Analgesia 49 Pa. Code §§ 33.331-33.344. (Number not yet assigned.)	June 2001, as proposed	This regulation amends requirements for administration of anesthesia/analgesic in response to a recent Commonwealth Court case and legislative concerns. Section 3(o) of the Dental Law, 63 P. S. § 122(o).	Lisa Burns [phone]
Sexual Misconduct - 49 Pa. Code, Chapter 33. (Number not yet assigned)	December 2001, as proposed.	Through the monitoring of its disciplinary process, including consumer complaints and disciplinary actions, the Board believes that enforcement standards are needed to notify licensees of acts which the Board deems unprofessional. The Board has authority to adopt regulations necessary to carry out the act under Section 3(o) of the Dental Law, 63 P. S. § 122(o).
Application Fee for Dental Radiology - 49 Pa. Code, Chapter 33. (Number not yet assigned)	June 2001, as final	This regulation will amend the Board's fee schedule to reflect the actual cost incurred by the Board to authorize applicants to perform radiologic services.
State Real Estate Commission - General Revisions - Agency Disclosures - 49 Pa. Code, Chapter 35. (16A-568)	Spring 2001, as final.	This regulation will implement the requirements of Act 112 of 1998 pertaining to agency relationships. Statutory authority: 63 P. S. § 455.404.	Debra Sopko [phone]
State Board of Certified Real Estate Appraisers-- Experience Options for Certification, Duties of Supervising Appraiser 49 Pa. Code §§ 36.13 and 36.14. (16A-706)	March 2001, as proposed.	The regulations revise qualifying experience for certification as an appraiser; impose supervisory and record-keeping duties on appraisers who supervise appraisal assistants; and require appraisal reports submitted as qualifying experience to conform to the Uniform Standards of Professional Appraisal Practice (USPAP). The regulations are consistent with standards established for state appraiser boards by the federal Appraiser qualification Board (AQB). Statutory authority: 63 P. S. § 457.5(2).	Cheryl Lyne [phone]
Standards of Practice 49 Pa. Code § 36.51. (16A-709, soon to be resubmitted as 16A-7012)	March 2001, as proposed. (Resubmission; earlier version of regulation was withdrawn in June 2000.)	The regulation requires all certified general appraisers, residential appraisers and broker/appraisers to comply with the USPAP unless the Board has adopted supplemental practice standards. Statutory authority: 63 P. S. § 457.5(2).
Fees 49 Pa. Code § 36.6. (16A-7011)	May 2001, as final.	The regulation revises the Board's schedule of fees to reflect the actual costs of the services provided. Statutory authority: 63 P. S. § 457.9.
State Board of Examiners of Nursing Home Administrators--Continuing Education 49 Pa. Code §§ 39.31--39.71. (16A-623)	Winter 2001, as final.	The regulation will amend and clarify the continuing education requirement in Section 9 of the Nursing Home Administrators License Act, 63 P. S. § 1109.	Melissa Wilson [phone]
Deletion of Examination Fees 49 Pa. Code § 39.72 (Number not yet assigned.)	Winter 2001, as proposed.	This regulation deletes licensing examination fees.
State Board of Physical Therapy--Physical Therapists 49 Pa. Code §§ 40.11, 40.13, 40.15, 40.17, 40.18 and 40.21-40.24. (Number not yet assigned.)	Winter 2001, as proposed.	Regulations correct and revise existing regulations regarding physical therapists. Proposed under Section 3(a) of the Physical Therapy Practice Act, 63 P. S. § 1303(a).	Robert Kline [phone]
Sexual Misconduct 49 Pa. Code, Chapter 40. (16A-656)	February 2001, as proposed.	Through the monitoring of its disciplinary process, including consumer complaints and disciplinary actions, the Board believes that enforcement standards are needed to notify licensees of acts which the Board deems unprofessional. The Board has authority to adopt regulations necessary to carry out the act under Sections 3, 5 and 10 of the Act, 63 P. S. § 1303, 1305 and 1310.
State Board of Occupational Therapy Education and Licensure--General Revisions 49 Pa. Code, Chapter 42. (16A-674)	June 2001, as final.	The Board proposes to revise its chapter by updating certain provisions and deleting outdated or redundant language. The Board has authority to adopt the regulations necessary to perform its duties and for the proper administration of the law under Section 5(b) of the Occupational Therapy Practice Act, 63 P. S. § 1505(b).	Clara Flinchum [phone]
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors-- Licensure Regulations (Number not yet assigned.)	Spring 2001, as proposed.	Regulations regarding qualifications for licensure pursuant to the enactment of Act 139 adding Licensed Clinical Social Workers, Marriage and Family Therapists and Professional Counselors as new licensure classes.	Clara Flinchum [phone]
STATE EMPLOYEES' RETIREMENT SYSTEM
Multiple Service 4 Pa. Code § 245.4 (Chapter 245)	Spring 2001, as proposed.	The State Employees' Retirement System (SERS) intends to delete the regulation, which will permit payment for multiple service via actuarial debt. SERS proposes to repeal the regulations in order to simplify and improve the process to purchase service for the PA School Employees' Retirement System and SERS members.	Sean Sanderson [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
Manufacturer, Dealers and Miscellaneous Motor Vehicle Businesses Registration Plates Chapter 53	June 2001, as proposed.	Amendments are needed based on revisions to related sections of the Vehicle Code and Industry/Department concerns. Proposed package undergoing further review with the Department's legal counsel.	Sue Wilson [phone]
Permanent Registrations of Fleet Vehicles Chapter 60	December 2001, as proposed.	Proposed amendments required to modify fee schedules associated with House Bill 67 (Act 3 of 1997).	Ann Marie Kessler [phone]
School Buses and School Vehicles Chapter 171	June 2001, as proposed.	Amendments are needed to clarify previous revisions and to address concerns raised by the public transportation community. The Department has prepared draft amendments based on recommendations received by the public transportation community. Proposed Regulatory package will be sent to General Counsel by January 2001.	Mike Kistler [phone]
Physical and Mental Criteria, Including Vision Standards Relating to the Licensing of Drivers Chapter 83	August 2001, as proposed.	The Department's Medical Advisory Board has approved proposed amendments to the medical standards licensure.	Mike Kistler [phone]
Liquid Fuels Tax Chapter 449	September 2001, as final	Final draft to be forwarded to Office of General Counsel in February 2001.	Dick Zerbe [phone]
School Bus Drivers Chapter 71	October 2001, as proposed.	Creates standards to allow persons with certain medical conditions to become a school bus driver that were previously banned because of their medical condition. Through the standards and monitoring systems approved by the Medical Advisory Board in 2000, these persons do not pose a significant danger while driving. A draft proposal package will be sent to legal by March 2001.	Mike Kistler [phone]
Proportional Registration of Fleet Vehicles - Chapter 63	December 2001, as proposed.	Proposed amendments required to modify fee schedules associated with House Bill 67 (Act 3 of 1997).	Ann Marie Kessler [phone]
Vehicle Equipment and Inspection Chapter 175	June 2001, as proposed	Proposed amendments require complying with ACT 115 of July 6, 1995. No. 30, P. L. 246 that requires the establishment of equipment and inspection criterion for farm vehicles with a gross weight rating greater than 17,000 pounds.	Tom Zamboni [phone]
Flashing or Revolving Lights on Emergency and Authorized Vehicles Chapter 173	September 2001, as final.	Proposed amendments required to comply with Act 151 of 1999.	Tom Zamboni [phone]
Authorization to Verify VIN Identification Numbers Chapter 17	October 2001, as proposed.	Proposed amendments would authorize Department employees to verify VIN Numbers for vehicles requiring a Certificate of Title.	Tom Zamboni [phone]
Administrative Practice and Procedure Chapter 491	March 2001, as final	Establish standards to facilitate administrative review of Department decisions and proceedings before Department hearing officers	Robert H. Raymond [phone]
Outdoor Advertising Devices Chapter 445	March 2001, as final	Establish standards to facilitate administrative review of Department decisions and proceedings before Department hearing officers	Robert H. Raymond [phone]
Shared-Ride Transportation Service Reimbursement Chapter 425	September 2001, as proposed.	Revised regulations are required due to the repeal of the original authorizing legislation and the enactment of revised authorizing legislation for the Shared-Ride Program for Senior Citizens.	LaVerne Collins [phone]
Display of Registration Plates Chapter 47	February 2001, as final	Amending Placement of Validation Sticker for Cities of the First Class in order to respond to the theft of validation stickers currently placed on the registration plate.	Randy Swartz [phone]
Emission Inspection Chapter 177	July 2001, as proposed.	Amendments needed to address ongoing operational aspects of the emissions program. Working with legal to determine what is needed for an 8 county rollout.	Peter Gertz [phone]
Airport Rating and Licensing Chapter 471	September 2001, as proposed.	Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements and to react to the operating environment.	Kathy Reitz [phone]
Aviation Development Chapter 473	September 2001, as proposed.	Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements and to react to the operating environment.	Kathy Reitz [phone]
Local Real Estate Tax Reimbursement Chapter 477	September 2001, as proposed.	Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements and to react to the operating environment.	Kathy Reitz [phone]
Vehicles Required to Stop at Railroad Grade Crossings Chapter 103	June 2001, as proposed deletion	Repeal - this regulation is no longer needed because of changes made in § 3342(d) of the Vehicle Code	Terry Garvie ( [phone])
Hold-Down and Tie-Down Devices for Junked Vehicles and Vehicle Hulks - Chapter 181	Dec. 2001, as proposed deletion	Repeal - this regulation is no longer required because of changes in Chapter 49 of the Vehicle Code	Daniel Smyser [phone]
Engineering and Traffic Studies Chapter 201	June 2001, as proposed deletion.	Repeal this chapter when we adopt the new Chapter 212 and the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Some current provisions not included in the MUTCD will be incorporated into Chapter 212.	Art Breneman [phone]
Work Zone Traffic Control Devices Chapter 203	June 2001, as proposed deletion.	Repeal this chapter when we adopt the new Chapter 212 and the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Some current provisions not included in the MUTCD will be incorporated into Chapter 212.	Art Breneman [phone]
Official Traffic Control Devices Chapter 211	June 2001, as proposed deletion	Repeal this chapter when we adopt the new Chapter 212 and the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Some of the current provisions not included in the MUTCD will be incorporated into chapter 212.	Art Breneman [phone]
Official Traffic Control Devices Chapter 212	June 2001, as proposed.	This chapter is being proposed to adopt the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD) and to replace Chapters 201, 203 and 211. By adopting the MUTCD, the volume of the new regulation will be only about 5 percent of the combination of the three current regulations.	Art Breneman [phone]
Hazardous Materials Transportation Chapter 403	June 2001, as proposed.	Incorporate new Federal provisions and eliminate registration requirement.	Daniel Smyser [phone]
Distribution of Highway Maintenance Funds - Chapter 453	May 2001, as final.	The purpose of this rulemaking is to delete 67 PA Code CH 453. Chapter 453 is no longer needed because 75 Pa.C.S.§ 9104 no longer requires the promulgation of standards and methodology for data collection in the form of regulations.	J. Michael Long [phone]
Consultant Highway Design Errors Chapter 455	June 2001, as proposed deletion.	Since there is no legal need for this chapter, the Department proposes to delete Chapter 455 and propose a Department policy to address consultant design errors.	Donald Childs [phone]
Vehicle Equipment & Inspection Chapter 175	September 2000, as proposed	Current language is not flexible enough to accommodate changing industry practices and needs.	John Munafo [phone]
Prequalification of Bidders Chapter 457	June 2001, as proposed rulemaking.	These changes are being brought about as a result of a reengineering project.	Fred Starasinic [phone]
Hold-Down and Tiedown Devices for Metal Cargo and Logs Chapter 183	December 2001, as proposed deletion	Repeal--this regulation is no longer needed because of changes made in Chapter 49 of the Vehicle Code	Daniel Smyser [phone]
Obstruction to Aircraft Chapter 479	September 2001, as proposed	Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements and to react to the operating environment.	Kathy Reitz [phone]

[Pa.B. Doc. No. 01-190. Filed for public inspection February 2, 2001, 9:00 a.m.]