1100 Regulatory agenda

GOVERNOR'S OFFICE

Regulatory Agenda

[27 Pa.B. 3294]

   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 third 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	Need and Legal Basis for Action	Agency
Considered	Date for		Contact
	Promulgation
ADMINISTRATION
No regulations being developed or considered at this date.
AGING
PA Code Title VI Chapter 11 Older Adult Daily Living Centers	October 1997, as proposed.	This regulation is in the process of review by interested parties. The review is occurring as a result of Executive Order 1996-1.	Robert Hussar 717-783-8975
PA Code Title VI Chapter 22 Pharmaceutical Assistance Contract For the Elderly	December 1997, as proposed.	This regulation is in the process of review as a result of Executive Order 1996-1 and the recent passing of House Bill 544, Act 134 of 1996.	Robert Hussar 717-783-8975
PA Code Title VI Chapter 15 Protective Services For Older Adults	December 1997, as proposed.	This regulation is being reviewed as a result of Executive Order 1996-1 and the recent passing of House Bill 304 which is Act 169 of 1996.	Robert Hussar 717-783-8975
AGRICULTURE
Agricultural Land Conservation Assistance Grant Program 7 Pa. Code Chapter 138h	June 1998, as proposed.	This regulation will amend current regulations to allow the Pennsylvania Farmland Preservation Association to receive grants for projects of Statewide scope.	Raymond Pickering [phone]
Agricultural Conservation Easement Purchase Program 7 PA.Code Chapter 138e	December 1997, as final.	The regulation will address agricultural conservation easement appraisal standards, minimum criteria for easement purchases, procedures by which counties assign a numerical ranking to applicant farmland owners, subdivision procedures and requirements for land under easement and procedures by which individual county easement purchase programs may be recertified by the State Agricultural Land Preservation Board.	Raymond Pickering [phone]
''Clean and Green'' Regulations 7 PA.Code Chapter 137	June 1998, as proposed.	County Assessors have primary enforcement authority under the ''Clean and Green'' Act (72 P. S. §§ 5490.1--5490.13), and favor a revision of current regulations to promote uniform and consistent interpretation and enforcement of the Act statewide. The current regulations have not been revised in 15 years. The Pennsylvania Farmland and Forest Land Assessment Act of 1974, known commonly as the ''Clean and Green'' Act (72 P. S. §§ 5490.1--5490.13) is the statutory basis for the regulation.	Raymond Pickering [phone]
Consolidation/Update of Retail Food Store Regulations	July 1998, 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.	Charles Radle [phone]
Food Employee Certification 7 Pa. Code Chapter 83	February 1998, as final.	This regulation is required by the Food Employee Certification Act (3 Pa.C.S. Sections 6501--6510), and will establish standards for training of certain food industry personnel.	Martha Melton [phone]
Maple Products	June 1998, 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.	Charles Radle [phone]
Harness racing commission	September 1998, 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.	Richard Sharbaugh [phone]
Horse racing commission.	No publication anticipated in next 12 months.	This commission plans an update of its regulatory authority (at 58 Pa. Code Chapters 161, 163, 165, 167, 171 and 173), for the same general reasons and on the basis of the same statutory authority cited by the Harness Racing Commission, above.	Ben Nolt [phone]
Bureau of Market Development. Standards for Grading Veal Calves.	September 1997, as proposed.	The regulation would bring the Commonwealth's standards for grading veal calves into conformity with USDA standards. The regulation would amend current regulatory authority at 7 Pa. Code Chapter 101 by deleting standards for grading veal calves and adopting USDA standards by reference.	Richard McDonald [phone]
Plant Industry Regulations
Land application of soil & groundwater contaminated with agricultural chemicals.	January 1998, 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.	David Bingaman [phone]
Farm Safety and Occupational Health Grant Program	February 1998, as proposed.	This regulation is needed to replace an existing statement of policy published in the March 16, 1996 Pa. 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.	John Tacelosky [phone]
Fruit Tree Improvement Program.	December 1997, 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.	September 1997, 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	June 1998, 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]
Rides and Measurement Standards	July 1998, as proposed.	Senate Bill 509 of 1996 was enacted into law as the Consolidated Weights and Measures Act at 3 Pa.C.S. §§ 4101--4193). This statute will necessitate regulatory revisions. This regulation is a long-term project intended to update regulatory authority. The Consolidated Weights and Measures Act (3 Pa.C.S. §§ 4101--4193) is the statutory basis for the regulation.	Charles Bruckner [phone]
BANKING
Pawnbrokers License Act regulations.	Comments on proposed regulations are being reviewed by Department, which anticipates submitting final-form regulations within next six months.	The amendments to the Pawnbrokers License Act, 63 P. S. § 281-1 et seq., require that the Department hold a hearing regarding all initial pawnbroker applications, add grounds pursuant to which an application may be rejected, require newspaper publication of notice of renewal applications, permit charges to cover reporting relating to any pledge required by any governmental unit. The amendments also require that regulations shall include minimum start-up and operating capital requirements, annual report filing requirements, and any other financial record-keeping requirements. The regulations for capital requirements are required by statute. The major additional regulations needed would establish and announce the procedure and requirements related to initial pawnbroker application hearings.	Reginald S. Evans [phone]
Credit Services Act regulations.	Comments on proposed regulations are being reviewed by Department, which anticipates submitting final-form regulations within next six months.	Section 8 of the Act, 73 P. S. § 2188, provides that loan brokers not presently licensed by the Department shall be registered with the Department of Banking pursuant to regulations promulgated by the Department. The annual registration fee is $300. The regulations are required by the statute in order to establish and announce the regulatory registration procedure applicable to loan brokers.	Reginald S. Evans [phone]
Repeal of Various Regulations in 10 Pa. Code .	Comments on proposed regulations are being reviewed by Department, which anticipates submitting final-form regulations within next six months.	The Pennsylvania Department of Banking, under the authority contained in sections 201 and 202 of the Department of Banking Code, as amended, 71 P. S. §§ 733--201; 733--202, section 103 of the Banking Code of 1965, as amended, 7 P. S. § 103, and section 12 of the Consumer Discount Company Act, 7 P. S. § 6212, proposes to eliminate the following regulations: 10 Pa. Code §§ 13.2(b),(c); 13.3(b); 41.3(I); Chapter 11; Chapter 17; Chapter 35.	Reginald S. Evans [phone]
Consumer Discount Company Act regulations.	Publication of proposed rule anticipated in next six months.	The Department has evaluated the need to amend existing regulations for the Consumer Discount Company Act, 7 P. S. § 6201 et seq., which was most recently amended by Act 80 of 1996.	Reginald S. Evans [phone]
BOARD OF PARDONS
No regulations being developed or considered at this date.
BUDGET
No regulations being developed or considered at this date.
COMMUNITY & ECONOMIC DEVELOPMENT
Industrialized Housing and Components 12 Pa. Code Chapter 145	Summer 1997, as final.	The regulations will finalize the changes initiated in the proposed regulations, which sought to amend § 29.42 to permit manufacturers to utilize either the previous or new CABO stair geometry standards, and to amend §§ 29.41, 29.43, 29.44, 29.56 and 29.12 to clarify questions concerning those standards and alternate standards that are in effect for industrialized housing under the regulations and to clarity procedures for amending those standards and alternate standards.	John Boyer [phone]
Certified Provider	Fall 1997, as proposed.	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.	Russell C. Bellavance [phone]
Neighborhood Assistance Program 12 Pa. Code Chapter 135	Fall 1997, as proposed.	The regulation will establish the special program priorities for the 1997-98 fiscal year; will revise the procedures for review and submission of NAP proposals to make them consistent with the single application process recently adopted by the department; and will add the Comprehensive Service Program, the purpose of which is to encourage a joint effort between a neighborhood organization and a sponsoring business to develop and implement a neighborhood revitalization plan to transform a distressed community into a healthy stable community.	Deb Devine [phone]
Pennsylvania Industrial Development Authority 12 Pa. Code Chapter 73	Fall 1997, as proposed.	The regulation will update the current regulations to include changes passed by the Pennsylvania Industrial Development Authority Board which were never formalized through the regulatory process.	Gerald W. Kapp, Jr. [phone]
COMMISSION ON CRIME AND DELINQUENCY
Constables Education and Training Board--Issuance and Certification Numbers	Fall 1997, as proposed.	The proposed new regulation: (1) will address when certification numbers will be issued to persons who successfully complete the basic training course, but are not yet constables and (2) when a constable will be placed in an inactive status.	Stephen Spangenberg [phone]
37 Pa. Code § 401.11--Operating procedures	Fall 1997, as proposed.	The current regulation which specifies that the Commission will hold its regular meetings in the auditorium of the William Penn Memorial Museum in Harrisburg, Pennsylvania is obsolete. The proposed regulation will strike this language and will add that regular meetings will be held at locations as the Chairman may designate.	Richard Reeser [phone]
37 Pa. Code § 401.12--Conflict of Interest	Fall 1997, as proposed.	The proposed regulation will change from ''LEAA funds'' to ''federal or state funds.'' This amendment is necessary because LEAA funds no longer exist.	Richard Reeser [phone]
37 Pa. Code § 405.3--Juvenile Justice Act Funding Transition	Fall 1997, as proposed.	This regulation will be deleted as it is now obsolete.	Richard Reeser [phone]
37 Pa. Code § 405.4	Fall 1997, as proposed.	This regulation will be deleted as it is no longer applicable due to a change in federal programs.	Richard Reeser [phone]
37 Pa. Code § 407.12--Reconsideration procedure	Fall 1997, as proposed.	This regulation will be deleted as the Judicial Planning Committee no longer exists.	Richard Reeser [phone]
CONSERVATION & NATURAL RESOURCES
Conservation of Native Wild Plants	September 1997, 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 field work 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.	Daniel A. Devlin [phone]
State Forest Rules and Regulations	August 1997, as proposed.	This proposal is an update of existing regulations regarding conduct on State Forest land. The legal basis for these regulations is Section 301 of Act 18 of 1995. This update also includes changes to improve compliance where roads are closed to vehicular access, to provide for better protection of designated hiking trails, and to establish special activity agreements for commercial use of state forest roads.	Warren A. Ely [phone]
CORRECTIONS
Motivational Boot Camp Act 61 P. S. Section 1221 et seq.	December 1997, as proposed	The regulations will address boot camp administration, establishment of selection committees, inmate selection criteria, programming and supervision, inmate discipline and staff training.	Kathleen Gnall [phone]
Prison Medical Service Program	November 1997, as proposed.	The regulations are mandated by the Prison Medical Service Act, of May 16, 1996, Act No. 1996-40, and will enable the Department to require inmates to pay a fee for medical services. The regulations will describe the services which will and will not be subject to a fee, establish the fees and provide a mechanism for collection of the fees.	Kathleen Zwierzyna [phone]
Revisions to the existing regulations governing county correctional facilities, 37 Pa. Code Chapter 95.	October 1997, as proposed.	The regulation will be revised to eliminate unnecessary regulations and modernize necessary regulations, particularly those affecting the transfer of inmates between state and county correctional facilities.	William M. Reznor [phone]
Repeal of Media Relations regulations	November 1997, as proposed	The regulations will be repealed because other internal departmental policies will enable media access to the inmate population. Repeal under such circumstances is consistent with the general principle of Executive Order 1996-1 that viable non-regulatory alternatives are preferred over regulations.	Roger H. Baumgarten [phone]
Review and/or revision of all current Department of Corrections regulations contained in Title 37 of the Pennsylvania Code.	No publication is anticipated in next 12 months.	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.	Sarah B. Vandenbraak [phone]
EDUCATION
Pupil Personnel Services Pupil Attendance Students 22 Pa Code, Chapters 7, 11, 12	July 1997, as proposed.	These proposed revisions to existing chapters of regulations are necessary to align provisions of Chapter 12 in compliance with recently-enacted legislation and court decisions; to accurately reflect current practices; delete nonregulatory language; and eliminate non-regulatory provisions. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14) Article XXVI-B, Sections 26-2601-B--26-2606-B.	Peter Garland [phone]
Special Education Services and Programs 22 Pa Code, Chapter 14	September 1997, as proposed	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 review 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.	Peter Garland [phone]
School Buildings 22 Pa Code, Chapter 21	July 1997, as proposed.	These regulations are necessary to provide uniform standards and procedures for seeking Departmental approval in school building projects. The proposed revisions are necessary to provide clarification and to reflect current practice. These revisions are proposed 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]
Higher Education General Provisions Foreign Corporation Standards Institutional Approval 22 Pa. Code, Chapters 31, 36, 40	August 1997, as proposed.	These regulations are necessary to establish procedures for the approval and operation of institutions of higher education in the Commonwealth. Specific revisions to Chapters 31 and 40 are necessary to clarify the intent of the chapters and to modify the time frame during which new institutions must achieve accreditation. 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]
Branch Campuses for State-supported Institutions Program Approval 22 Pa. Code, Chapters 34, 42	August 1997, as proposed.	These regulations are necessary to establish procedures for the approval of branch campuses and for the approval of programs offered by institutions. Review and revision are necessary to ensure that the regulations are consistent with current practice and terminology. 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]

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Regulation Being Considered	Proposed Date	Need and Legal Basis for Action	Agency
	for Promulgation		Contact
Extended School Year Services 22 Pa. Code, Chapter 14, §§ 14.1, 14.34 & Chapter 342, § 342.34	September 1997, as final.	These revisions are proposed under authority of the Public School Code of 1949 (P. L. 30, No. 14) Article XXVI-B, §§ 26-2601-B--26-2606-B. These amendments are necessary to ensure that Commonwealth regulations and standards are consistent with federal law and judicial decisions affecting extended school year services for eligible students and to provide guidance to local educational agencies when determining whether or not eligible students under Chapter 14 are entitled to extended school year services. Additional legal basis is found in 20 U.S.C. Section 1400 et seq. known as the Individuals with Disabilities Education Act, and implementing regulations at 34 CFR Part 300.	William Penn [phone]
Certification of Professional Personnel 22 Pa. Code, Chapter 49	September 1997, as final.	These regulations and revisions are necessary to ensure that those individuals preparing to be teachers receive a quality education and are competent to teach in the disciplines and areas for which they are certified. 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]
Private Driver Training Schools 22 Pa. Code, Chapter 101	July 1997, as final.	These regulations provide an updated set of rules and regulations for private driver training schools. The current regulations were adopted in 1970.	Robert Roush [phone]
Community College Standards 22 Pa. Code, Chapter 335	June 1997, as final.	24 P. S. § 19-1913-A9(b)(1.2), which states in part that ''The Secretary of Education, in consultation with the community colleges, shall promulgate standards for credit courses and for noncredit courses that will be eligible for Commonwealth reimbursement. The standards shall specifically exclude from eligibility for reimbursement any course or program in a vocational or recreational pursuits.''	Barbara Senier [phone]
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this date.
ENVIRONMENTAL HEARING BOARD
25 PA Code §§ 1021	Fall 1997, as proposed.	The regulations are being reviewed and revised on an ongoing basis. The revisions and additions to Chapter 1021 are meant to improve the practice and procedure before the Board and to provide the regulated community, the Department of Environmental Protection, and other potential litigants with more specific guidance on how to represent their interests before the Board. The legal basis for the regulation is § 5 of the Environmental Hearing Board Act (35 P. S. § 7515).	Kimberly Hafner 717-787-3483
ENVIRONMENTAL PROTECTION
Special Protection Waters (Antidegradation) Program Clean Streams Law	November 1997, as final to the Environmental Quality Board (EQB).	The proposal has been developed to streamline and improve the existing program and to address EPA disapproval issues. The Department utilized a regulatory negotiation (Reg Neg) process to develop program changes at proposed rulemaking; however, expediting the regulation changes has been given a high priority as a result of a Federal Court order that EPA promulgate Federal regulations to correct program disapproval issues. The Reg Neg Group, now defunct, included representatives of conservation groups, the regulated community, public interest groups and government. The Water Resources Advisory Committee (WRAC) will be briefed on the final rulemaking.	Carol Young, 717-787-8104
Stream Redesignation--French Creek, et al. Clean Streams Law	January 1998, as final to the EQB.	This proposal evaluates 18 water bodies in 18 counties for addition, deletion or modification to the Special Protection use designations or for addition of use designations for streams which were not previously listed in Chapter 93. The changes will allow wastewater treatment requirements for dischargers to be consistent with water uses actually or potentially supportable by these streams. French Creek (Chester County), Sutton Creek (Luzerne County), Cedar Run and Slate Run (Lycoming and Tioga Counties), Cove Creek (Bedford County), and Trout Run (York County) were evaluated as a result of petitions submitted to the Environmental Quality Board (EQB).	Tom Barron, 717-787-9637
Storage Tank Technical Standards Storage Tank and Spill Prevention Act	July 1997, as final to the EQB.	This proposal consists of definitional changes, the removal of language adopting the Federal underground storage tank regulations which are proposed to be codified in new Subchapter E, adoption by reference of the Federal regulations relating to lender liability, and the creation of new subchapters to establish a permitting program for storage tanks as well as separate technical and operational standards for aboveground storage tanks. The Storage Tank Advisory Committee (STAC) participated in the development of this rulemaking.	Glenn Rider, 717-772-5800
Corrections to Drainage Lists Clean Streams Law	Adopted April 1997, as final to the EQB.	This final rulemaking contains corrections to 64 streams or stream segments found in Chapter 93 in response to requests from DEP regional staff, the Pennsylvania Fish and Boat Commission, and the public. These nonsubstantive, corrective amendments address all or portions of streams found in 17 of the 26 drainage lists. Publication of the final rulemaking is anticipated in July 1997.	Tom Barron, 717-787-9637
Chapter 93--Modifications to Water Quality Standards (Great Lakes Initiative) Clean Streams Law	September 1997, as final to the EQB.	These revisions will incorporate changes needed to implement the Federal Great Lakes Water Quality Initiative (GLI). The WRAC and interested stakeholders in the Great Lakes Basin will be consulted in the development of this rulemaking.	Edward Brezina, 717-787-9637
Stream Redesignations--Hay Creek, et al. Clean Streams Law	Adopted June 1997, as proposed to the EQB.	This proposal evaluates 17 streams or stream segments for addition, deletion, or modification to the Special Protection use designations.	Edward Brezina, 717-787-9637
Chapters 91, 97 & 101--Wastewater Management Clean Streams Law	Adopted June 1997, as proposed by the EQB.	This proposal has been developed as a result of the Regulatory Basics Initiative (RBI) and Executive Order 1996-1 and consolidates references to related water pollution control requirements into a single source, Chapter 91. The proposal will provide the regulated community and DEP greater flexibility in implementing pollution prevention measures and will provide authority for DEP to issue general water quality management permits. The former Water Subcommittee of the Air and Water Quality Technical Advisory Committee (AWQTAC), which has been renamed the Water Resources Advisory Committee (WRAC), reviewed this proposal in February 1997. WRAC will review the draft final rulemaking later this year.	Milt Lauch, 717-787-8184
Chapter 94--Municipal Wasteload Management Clean Streams Law	Adopted June 1997, as proposed by the EQB	This proposal was developed as a result of the RBI and Executive Order 1996-1 and deletes regulations related to implementation of the federal pretreatment program. These references are unnecessary because DEP has not accepted delegation of this EPA program, nor does it plan to seek delegation in the foreseeable future. The proposal also provides clarity with respect to annual reporting requirements for municipal wastewater facility permittees.	Milt Lauch, 717-787-8184
Chapter 103, Municipal Financial Assistance Clean Streams Law	September 1997, as final to the EQB.	These revisions will eliminate obsolete provisions relating to the Federal sewerage construction grants program due to the phase-out of the Federal program, and update regulations relating to the use of Land and Water Conservation Act funds for municipal sewage needs. There is currently no advisory committee established to review these funding programs.	Pete Slack, 717-787-3481
Act 149 Sewage Facilities Amendments Act 149 amendments to the Sewage Facilities Act (Act 537)	Adopted April 1997, as final by the EQB.	The second of two rulemakings to address Act 149 amendments, this proposal offers local agencies incentives by increasing reimbursement for qualifying municipalities to administer on-lot system permitting programs and delegating the new land development planning program to local agencies. The proposal includes several exemptions and waivers from current requirements and makes numerous changes to local agency permitting procedures. Six public hearings were held throughout Pennsylvania during the 60-day public comment period which closed May 29. The Sewage Advisory Committee (SAC) has been involved in the development of this rulemaking.	Milt Lauch, 717-787-8184
Stream Redesignations--Tinicum Creek, et al. Clean Streams Law	July 1997, as final to the EQB.	Eleven streams were studied in this proposal. Five streams--Tinicum, Unami, Pine, Sideling Hill, and Lofty Creeks--were studied as a result of petitions. With the exception of Lofty Creek, which was recommended to retain its current designation of Cold Water Fishes, all streams would be provided Special Protection status.	Tom Barron, 717-787-9637
Stream Redesignations--Buck Hill Creek, et al. Clean Streams Law	October 1997, as proposed to the EQB.	This proposal evaluates 11 streams or stream segments. Ten of these involve the addition or modification of Special Protection designation. One evaluates the proper use designation of a stream not currently listed in Chapter 93. Four of the requests were the result of petitions submitted to the EQB: Buck Hill Creek, Tohickon Creek, an unnamed tributary to the Delaware River (Smithtown Creek), and Trout Run.	Bob Frey, 717-787-9637
Chapters 92, 93 & 95--Water Quality Amendments Clean Streams Law	October 1997, as proposed to the EQB.	These revisions will address several of the principles of the RBI and Executive Order 1996-1. The revisions will reorganize these chapters into permitting, water quality standards and implementation chapters respectively and will make several modifications to the programs. The WRAC reviewed drafts of the proposed rulemaking.	Carol Young, 717-787-4686
Chapter 102, Erosion Control Clean Streams Law	August 1997, as proposed to the EQB.	This proposal will include minor revisions such as eliminating obsolete terms, simplifying technical requirements for control facilities, updating and clarifying permit requirements to reflect current Federal NPDES permit requirements for construction activities, revising requirements that may be interpreted as more restrictive than Federal requirements, and establishing a minimum area of disturbance to require the development of an erosion and sedimentation control plan. The AWQTAC and the Agricultural Advisory Board (AAB) reviewed drafts of the proposed rulemaking.	Ken Murin, 717-787-6827
Chapter 105, Dam Safety and Waterway Management Clean Streams Law, Dam Safety and Encroachment Act	September 1997, as proposed to the EQB.	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 flood plains into one regulation. The Wetlands Protection Advisory Committee (WetPAC) and the AAB will review drafts of the proposal.	Ken Reisinger, 717-787-6827
Chapter 171, Schools Administrative Code of 1929	December 1997, as final to the EQB.	The Department proposes to eliminate these regulations concerning general sanitation at private and public schools because of the transfers of the Eating and Drinking Program to the Department of Agriculture and the Bathing Place Program to the Department of Health. Most basic sanitation requirements such as adequate sewage disposal, safe drinking water and proper solid waste disposal are provided by existing programs in DEP.	Joseph Hoffman, 717-787-5017
Bottled Water Permit by Rule Safe Drinking Water Act	December 1997 as proposed to the EQB.	These amendments to Chapter 109 would incorporate a permit by rule for bottled water systems meeting specified criteria to streamline the permitting process. DEP formed a working group of stakeholders and other interested parties to assist in identifying and selecting implementation options. The draft amendments will also include some changes pertaining to streamlining approval of new labels and clarifying reporting requirements as well as changes resulting from the RBI and Executive Order 1996-1. The Technical Assistance Center for Small Water Systems and the WRAC will review the draft amendments.	John Wroblewski, 717-787-9037
Land Recycling and Environmental Remediation Standards The Land Recycling and Environmental Remediation Standards Act	Adopted June 1997, as final by the EQB.	The Land Recycling and Remediation Standards Act (Act 2 of 1995) requires the adoption of statewide health standards, appropriate mathematically valid statistical tests to define compliance with the Act, and other regulations necessary to implement the Act. The regulations will provide clear direction concerning the cleanup standards required to be met to those undertaking the cleanup of a contaminated site. The regulations will establish the test used to demonstrate compliance with these cleanup standards. The regulations will also encourage the voluntary cleanup of contaminated sites that can be reused for industrial purposes rather than siting industrial activity on land which has not previously been used for those purposes. The Cleanup Standards Scientific Advisory Board (CSSAB), created by the Act, has assisted in the development of these regulations. Final publication is anticipated in August 1997.	Tom Fidler, 717-783-7509
Chapters 270--299, Municipal and Residual Waste Amendments--Reporting Requirements/County Municipal Waste Plan Revisions Solid Waste Management Act	September 1997, as final to the EQB.	This proposal will contain revisions to the reporting requirements of the municipal and residual waste regulations, including elimination of 16 reporting forms by relying on information already contained in the files, other reports, or onsite facility operational reports; providing for the electronic transfer of data; deleting notary certification requirements for waste reports; and eliminating unnecessary information from existing reports. The overall volume of reporting forms is expected to be reduced by 50 percent. The proposal also allows counties to add or delete a facility to or from their county municipal waste plan through a non-substantive plan revision as recommended by the Municipal Waste Stakeholders Group. The Solid Waste Advisory Committee (SWAC) has been involved in the development of this proposal.	Keith Kerns, 717-787-7382
Chapters 260--270--Comprehensive Hazardous Waste Amendments Solid Waste Management Act	August 1997, as proposed to the EQB.	The amendments are a major initiative to update Pennsylvania's hazardous waste regulations and to bring the state program into conformance with the federal RCRA program by adopting large portions of the federal regulations by reference. The SWAC has reviewed the draft proposed rulemaking.	Rick Shipman, 717-787-6239
Municipal Waste Revisions Solid Waste Management Act	December 1997, as proposed to the EQB.	The proposal changes the equivalency review procedure for municipal waste permits so that once approval is given, it may be applicable statewide; revises the mandatory site inspection schedules to reduce inspections at facilities with successful environmental management programs; reduces the permit application fee and simplifies the approval process for municipal waste demonstration facilities; revises the facility design and operating standards for composting facilities to be more performance based; expand the current permit-by-rule provisions to create opportunities to reuse ''clean wastes''; revises the composting siting requirements of greater than 4 feet from the seasonal high water table; removes the prohibition of siting of some facilities within 50 feet of a property line if the adjacent landowner provides a waiver; moves the landfill liner specifications from regulations to guidance to allow for flexibility based upon technological advancements; revises leachate sampling requirements to delete parameters from quarterly sampling if not detected by monitoring; allows for leachate holding tanks and trucking for some processing facilities in lieu of connection to sewer systems or building treatment plants. The proposal will be reviewed by SWAC.	Bill Pounds, 717-787-7564
Residual Waste Revisions Solid Waste Management Act	November 1997, as proposed to the EQB.	This proposal revises the mandatory site inspection schedules to reduce inspections at facilities with successful environmental management programs; reduces the permit application fee and simplifies the approval process for demonstration facilities; revises the facility design and operating standards for composting facilities to be more performance based; expands the current permit-by-rule provisions to create opportunities to reuse ''clean wastes''; removes the prohibition of siting some facilities within 50 feet of a property line if the adjacent landowner provides a waiver; moves the landfill liner specifications from regulations to guidance to allow for flexibility based upon technological advancements; revises leachate sampling requirements to delete parameters from quarterly sampling if not detected by monitoring; allows for leachate holding tanks and trucking for some processing facilities in lieu of connection to sewer systems or building treatment plants; allows for water resistant instead of waterproof covers; modifies the minimum for 4 feet of alternating soil requirements at landfills to allow for equivalency modeling based upon site specific conditions; clarifies when a pad is required for residual waste storage. The proposal will be reviewed by SWAC.	Bill Pounds, 717-787-7564
Used Oil Amendments Solid Waste Management Act	January 1998, as proposed to the EQB.	This proposal consolidates the requirements for the management of used oil into one chapter. The SWAC will review the draft amendments in September 1997.	Bill Pounds, 717-787-7564
NOx Emission Reduction Requirements Air Pollution Control Act	September 1997, as final to the EQB.	This proposal implements a nitrogen oxides (NOx) emissions budget program consistent with the Ozone Transport Commission's (OTC) Memorandum of Understanding (MOU) on Phase II NOx reductions for the 12 Northeast Ozone Transport Region (OTR) states and the District of Columbia. This regulation will require reductions in ozone season NOx emissions from fossil-fired utility and large industrial combustion facilities in Pennsylvania in order to achieve the health-based National Ambient Air Quality Standard (NAAQS) for ozone. DEP worked with the former Air Subcommittee of AWQTAC in the development of the proposed regulation, and will brief the new Air Technical Advisory Committee (ATAC) on the final amendments.	Terry Black, 717-787-4310
Aerospace Manufacturing and Rework--VOC Emission Limitations Air Pollution Control Act	July 1997, as proposed to the EQB.	This proposal will establish surface coating, adhesive, solvent cleaning, and housekeeping requirements specific to the aerospace manufacturing and rework industry. Presently, these operations are regulated, where applicable, by the general surface coating limitations contained in Section 129.52. The proposed regulation will be based on the provisions of an EPA draft Control Techniques Guidance (CTG) which specifies minimum performance levels. The CTG and the companion maximum achievable control technology (MACT) document stress pollution prevention in use, reuse/recycling, handling, storage and disposal of solvents. The EPA CTG and MACT also specify application techniques which may be used. These requirements acknowledge the unique nature of the aerospace coatings and coating processes and provide for the use of some materials which have higher VOC levels than are permissible under existing regulations. The proposal would also delete the requirement from Section 129.51 which requires that all equivalencies be submitted to EPA as revisions to the State Implementation Plan (SIP). The former Air Subcommittee of AWQTAC reviewed this proposal in April.	Terry Black, 717-787-4310

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Regulation Being Considered	Proposed Date	Need and Legal Basis for Action	Agency
	for Promulgation		Contact
Clean Vehicles Program (NLEV) Air Pollution Control Act	August 1997, as proposed to the EQB.	This regulation will establish the mechanism for PA to opt into the National Low Emission Vehicle (NLEV) program. It allows NLEV to be a fully acceptable compliance alternative to emission limitations established for certain new vehicles sold after a specified model year. The applicable model year will be determined based on the time of adoption of the final rule, but cannot be earlier than the second model year following final adoption. The emission limitations for nonmethane organic compounds (NMOG) and oxides of nitrogen (NOx) must be identical to those in effect for those applicable to cars sold in California. Each manufacturer must also meet a fleet emissions average for NMOG which gets increasingly more stringent over the years until 2003. This allows the manufacturer to vary the mix of vehicles according to market demand. The program will not require ''California fuels'' nor a zero emissions vehicle (ZEV) mandate. The Air Technical Advisory Committee (ATAC) reviewed this proposal in June.	Terry Black, 717-787-4310
Control of VOCs from Gasoline Dispensing Facilities (Stage II) Air Pollution Control Act	September 1997, as final to the EQB.	DEP formed stakeholder groups to assist the Department in selecting air quality control strategies to address ozone nonattainment in the Pittsburgh and Philadelphia areas. The stakeholders evaluated control strategies to address and resolve the problem. The Pittsburgh area proposed strategies resulted in proposed regulations regarding Stage II. This proposal will result in a revision to the SIP. The AWQTAC was briefed in the development of the proposed rulemaking. The ATAC will review the draft final rulemaking.	Terry Black, 717-787-4310
Gasoline Volatility Requirements Air Pollution Control Act	September 1997, as final to the EQB.	DEP formed stakeholder groups to assist the Department in selecting air quality control strategies to address ozone nonattainment in the Pittsburgh and Philadelphia areas. The stakeholders evaluated control strategies to address and resolve the problem. The Pittsburgh area proposed strategies resulted in proposed regulations regarding Clean Fuel. This proposal will result in a revision to the SIP. The AWQTAC was briefed in the development of the proposed rulemaking. The ATAC will review the draft final rulemaking.	Terry Black, 717-787-4310
Air Quality Amendments-- RBI #1 Air Pollution Control Act	September 1997, as final to the EQB.	This proposal is the first in a series of regulatory proposals implementing changes to the Department's air resource regulations resulting from the Regulatory Basics Initiative (RBI) and Executive Order 1996-1. The proposal combines regulatory initiatives related to continuous emission monitoring system (CEMS) data availability, back-half particulate catch, new source performance standards (NSPS), permit redefinitions, coke ovens, and air pollution episode strategies (APES), or standby plans. In general, these proposed changes make DEP's regulations consistent with federal requirements, delete obsolete and unnecessary provisions and apply DEP's monitoring requirements consistently for all affected sources. DEP consulted with the Air Subcommittee and the full AWQTAC in the development of the proposed rulemaking. The ATAC will review the draft final rulemaking.	Terry Black, 717-787-4310
Air Quality Amendments-- RBI #2 Air Pollution Control Act	February 1998, as final to the EQB.	These amendments are the second in a series of regulatory proposals implementing changes to DEP's air resource regulations resulting from the RBI. The proposal deletes portions of Chapter 128 which established alternative emission reduction limitations for certain air contamination sources; allows 45 days in Section 129.56 for repairs of defective seals on floating roof storage tanks of 40,000 gallons or more; revises Section 129.67(b)(2) to insert the term ''less water'' which was inadvertently deleted in a previous rulemaking; deletes the perchloroethylene (perc) requirements for dry cleaning facilities in Section 129.70 since EPA no longer considers perc a volatile organic compound (VOC); and deletes the Pennsylvania ambient air quality standards for sulfates, hydrogen fluoride and hydrogen sulfide in Chapters 131 and 139 because they are not required under the Clean Air Act. The ATAC will review the draft final amendments.	Terry Black, 717-787-4310
Malodors--RBI #3 Air Pollution Control Act	Adopted June 1997, as proposed by the EQB.	The malodor regulations will be modified to clarify the definition of ''malodor,'' add a definition for ''odor investigation'' and add a technology limitation to resolve malodor problems. Drafts of the proposal have been reviewed by AWQTAC.	Terry Black, 717-787-4310
Pollution Prevention and Alternative Technologies--Air Quality Air Pollution Control Act	August 1997, as proposed to the EQB.	This amendment would establish regulatory language to encourage the use of pollution prevention technologies in addressing air quality compliance and permitting issues. The ATAC will review the draft proposed rulemaking.	Terry Black, 717-787-4310
New Source Review Air Pollution Control Act	December 1997, as proposed to the EQB.	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 propose a separate rulemaking package regarding emission reduction credits. In addition, the Department will incorporate proposed changes in the Federal new source review requirements as necessary. Drafts of the proposal will be submitted to the ATAC for review.	Terry Black, 717-787-4310
Surface Coating Processes Air Pollution Control Act	December 1997, as proposed to the EQB.	This regulation will simplify the calculation procedure for determining compliance with Chapter 129 and consider small source exemptions to the extent possible without degrading air quality. The ATAC will review the draft regulations.	Terry Black, 717-787-4310
Automobile Refinishing Air Pollution Control Act	December 1997, as proposed to the EQB.	The Southwest and Southeast Ozone Stakeholder Working Groups recommended that DEP adopt programs to reduce VOC emissions from automobile refinishing. The proposed regulations will establish maximum VOC content levels for automobile refinish materials used in the Commonwealth. The proposed regulation will also establish permitting requirements, pollution prevention and work practice standards. The ATAC will review the draft proposed regulations.	Terry Black, 717-787-4310
Degreasing Operations Air Pollution Control Act	February 1998, as proposed to the EQB.	The Southwest and Southeast Ozone Stakeholder Working Groups recommended that DEP adopt programs to reduce VOC emissions from degreasing operations. The proposed regulations will establish requirements for solvent cleaning operations not presently regulated by the provisions of Section 129.63. The ATAC will review the draft proposed rulemaking.	Terry Black, 717-787-4310
Chapter 240, Radon Certification Radon Certification Act	December 1997, as proposed to the EQB.	DEP is currently conducting workshops attended by selected individuals from the Pennsylvania certified radon community to discuss possible amendments to the current regulations which appear to be of concern to the regulated community and which do not fully address new technologies that were developed since the effective date of the 1991 radon certification regulations in Chapter 240. Draft regulations are anticipated to be developed by July 31, 1997.	William Dornsife, 717-787-2480
Low-Level Radioactive Waste --Waste Minimization Low-Level Radioactive Waste Disposal Act	March 2000, as proposed to the EQB.	DEP has prepared a draft waste minimization issues paper which identifies ideas and options pertaining to waste minimization plan requirements for low-level radioactive waste generators. This document will be presented to the Waste Minimization Subcommittee of the Low-Level Waste Advisory Committee (LLWAC) in August 1997. Based on the current schedule, the LLWAC will review and comment on the draft criteria for waste minimization plan requirements during the first quarter of 1998.	Rich Janati, 717-783-9490
Radiological Health (Chapters 216, 218, 221, 223, 227, 228) Radiation Protection Act	August 1997, as proposed to the EQB.	The Department is developing amendments to its radiological health regulations which were last revised in 1983. The amendments will address technological advances, mostly in the medical profession, which have occurred since that time. Issues to be addressed include new diagnosis and treatment methods, new Federal regulations relating to industrial radiography, and particle accelerators which have changed in design and function. The amendments will offer increased protection to both employees and patients for medical diagnosis and treatment applications and address health and safety concerns, including the reduction in unnecessary exposure to patients and employees/operators. The Department is consulting with its Radiation Protection Advisory Committee to solicit input on draft regulations.	Stuart Levin, 717-787-3720
Radiological Health (Chapters 215, 217, 219, 220, 224, 225, 226, 230 and 232) Radiation Protection Act	November 1997, as proposed to the EQB.	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 is consulting with its Radiation Protection Advisory Committee to solicit input on draft regulations.	Stuart Levin, 717-787-3720
Water Supply Protection/Replacement (Mining) Surface Mining Conservation and Reclamation Act	January 1998, as final to the EQB.	This proposal would implement certain provisions of the 1992 amendments (Act 173) to the Pennsylvania Surface Mining Conservation and Reclamation Act, and reflect certain Environmental Hearing Board and Commonwealth Court decisions relative to restoration or replacement of water supplies impacted by surface coal mining operations. There are also minor amendments to alternative revegetation standards for remining of areas previously disturbed by mining. The MRAB will review the draft regulations in October.	Evan Shuster, 717-787-7846
Chapter 86--Bonding, Civil Penalties, Areas Unsuitable for Mining, Surface Mining Conservation and Reclamation Act, Clean Streams Law, Bituminous Mine Subsidence and Land Conservation Act, Coal Refuse Disposal Act	September 1997, as final to the EQB.	Various sections are being revised to address regulations which lack clarity and those which are more stringent than federal requirements and, consequently, may hamper the Pennsylvania coal industry's ability to compete effectively. Changes will involve self-bonding, procedures for release of bonds and bond forfeiture, the calculation of civil penalties, procedures for assessing and appealing civil penalties, and unsuitable for mining procedural changes. The MRAB has been involved in the development of this proposal.	Evan Shuster, 717-787-7846
Chapter 86, Subchapters A and D-- General Provisions and Areas Unsuitable for Mining Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control Act	September 1997, as proposed to the EQB.	Amendments are proposed to address regulations which are more stringent than federal requirements, lack clarity, and which are inconsistent with language used in federal regulations. This proposal was reviewed by the MRAB.	David Hogeman, 717-787-4761
Chapter 89--Mine Subsidence Control, Damage Repair (Act 54) Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control Act, Bituminous Mine Subsidence and Land Conservation Act	December 1997, as final to the EQB.	Various sections of Chapter 89 are obsolete and will be addressed along with amendments which are necessary to bring Pennsylvania's program into conformance with 1994 amendments to Pennsylvania law (Act 54) and 1995 amendments to Federal regulations. These changes involve subsidence damage and water loss due to underground bituminous coal mining. These changes do not fall within the purview of the MRAB; therefore, no advisory committee review is anticipated.	Harold Miller, 717-783-8845
Chapter 77--Noncoal Mining Noncoal Surface Mining Conservation and Reclamation Act	October 1997, as final to the EQB.	These amendments will clarify the standards for exemption from preblast surveys, delete obsolete regulations, and provide less prescriptive regulations for bond releases, hydrologic and geologic information, treatment facilities and sediment controls. The proposal will also simplify exploration requirements, bond adjustments and forfeitures, and clarify public notice requirements on permit revisions and setback waivers. These changes do not fall within the purview of the MRAB; therefore, no advisory committee review is anticipated.	Tom Whitcomb, 717-783-8845
Chapter 86, Subchapter C--Small Operator Assistance Program Surface Mining Conservation and Reclamation Act	September 1997, as final to the EQB.	These amendments are necessary to provide clarification of program requirements and eliminate redundant language in this section. The draft final rulemaking will be reviewed by the MRAB in July.	David Hogeman, 717-787-4761
Chapters 86--90, Coal Mine Permitting and Performance Standards Surface Mining Conservation and Reclamation Act, Clean Streams Law	January 1998, as final to the EQB.	These amendments are necessary to address requirements which may be placing undue restrictions on the Pennsylvania coal mining industry and which may be hampering the industry's ability to compete effectively with coal mining in other states. In all chapters, the amendments involve information requirements for permits and performance standards. Specifically, the amendments will clarify requirements relating to casing and sealing drill holes, administrative requirements relating to coal exploration and regrading, and minimize fish and wildlife impacts. The amendments will be reviewed by the MRAB in October.	Nevin Strock, 717-783-8845
Post-Mining Discharges/Licensing and Bonding Surface Mining Conservation and Reclamation Act	August 1997, as final to the EQB.	These amendments implement the 1992 amendments to Act 173 relative to the licensing of coal mine operators, bonding requirements and post-mining discharges. The proposal also updates the insurance requirements and revises license fees based on the tons of coal mined as required by the Act. The MRAB reviewed the draft final rulemaking.	Evan Shuster, 717-787-7846
Chapters 78 (Oil and Gas Wells), 79 (Well Drilling and Use) and 80 (Gas Well Classification) Oil and Gas Act, Clean Streams Law, Solid Waste Management Act	December 1997, as final to the EQB.	These amendments are being initiated to repeal obsolete provisions relating to gas well classification, clarify certain provisions, and to make other provisions less prescriptive. The Oil and Gas Technical Advisory Board (TAB) has been involved in developing these amendments.	James Erb, 717-772-2199
GENERAL SERVICES
Instructions to Bidders 4 Pa. Code, Chapter 61	Summer 1997, 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	Summer 1997, 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]
State Art Commission 4 Pa Code, Chapter 65	Summer 1997, as proposed.	The legislation creating the State Art Commission was sunsetted.	Merle H. Ryan [phone]
Emergency Construction Repairs 4 Pa. Code, Chapter 67	Summer 1997, 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	Fall 1997, as proposed.	Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services	John R. McCarty [phone]
Commonwealth Parking Facilities 4 Pa. Code, Chapter 71	Fall 1997, as proposed.	Amendments are required because parking locations have been changed.	Ronald L. Coy [phone]
Processing Subscriptions and Sales of Pennsylvania Code and Related Publications 4 Pa. Code, Chapter 81	Fall 1997, 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. The Pennsylvania Code contractor is now responsible for Pennsylvania Code subscriptions. New regulations will be developed to address sales of Commonwealth publications in general.	John R. McCarty [phone]
Death Benefits for Survivors of Firemen and Law Enforcement Officers 4 Pa. Code, Chapter 89	Summer 1997, as proposed.	Since Act 101 of June 24, 1976 (P. L. 424) was amended by Act 161 of 1994 (P. L. 1373), the regulations must be amended to reflect the legislative changes.	Ronald L. Coy [phone]
HEALTH
Emergency Medical Services 28 Pa. Code § 1001.1 et seq.	November 1997, as proposed.	The proposed amendments to the current regulations for the operation of the Emergency Medical System in the Commonwealth pursuant to the Emergency Medical Services Act, 35 P. S. §§ 6921--6938.	Kenneth Brody 717-783-2500
Communicable Diseases 28 Pa. Code § 27.1 et seq.	March 1998, as proposed.	The amendments to existing regulations to make them consistent with current public health practices for the control of communicable and other reportable conditions. Currently under review by Bureau of Community Health, Bureau of Preventive Health, Bureau of Epidemiology and Bureau of Maternal and Child Health.	Suzanne Craig 717-783-2500
Drug and Alcohol Confidentiality 4 Pa. Code § 255.1 et seq. and § 257.1 et seq.	December 1997, as proposed.	These regulations are being reviewed for updating and to address concerns regarding availability of records of patients being treated for drug and alcohol related problems.	Keith Fickel 717-783-2500
Shelter, Hot-line and Drop-in activities and activity matrix rescission 28 Pa. Code §§ 701.1, 701.2, 709.101--102, 711.101--106, 713.51--55 and 713.61--63.	July 1997, as final.	These regulations are being rescinded in order to better address the needs of the substance abuse service delivery system and maximize existing resources. Rescission will allow Department staff to focus on oversight of activities which provide treatment for substance abusing clients.	Keith Fickel 717-783-2500
Newborn Screening 28 Pa. Code § 28.1 et seq.	December 1997, as proposed.	These regulations are to address amendments to the Newborn Child Testing Act regarding procedures and time frames for the drawing of blood and filing of reports and the addition of two reportable diseases. Authority for these regulations is set forth in the Newborn Child Testing Act, 35 P. S. § 621.1 et seq.	Yvette Kostelac 717-783-2500
Confidential Information in the Administration of Maternal and Child Health 28 Pa. Code §§ 29.1--29.3	September 1997, as proposed	These regulations are intended to amend outdated language regarding confidentiality of information maintained by the Department's Maternal and Child Health programs. The amendments will also clarify what information is confidential. These regulations are authorized by 71 P. S. § 532.	Yvette Kostelac 717-783-2500
Environmental Health Assessment 28 Pa. Code § 17.1 et seq.	December 1997, as proposed.	These amendments are necessitated by the transfer of authority for certain environmental regulations from the Department of Environment Protection to the Department of Health. The DOH has met with consumer groups to obtain stakeholder input.	Nan Lipton 717-783-2500
School Immunizations 28 Pa. Code §§ 23.81--23.87	August 1997, as final with proposed omitted.	These amendments are necessary to implement the Hepatitis B Prevention Act in schools and amended to bring other school immunization requirements in line with standards embraced by groups with nationally recognized expertise in child immunizations.	Nan Lipton 717-783-2500
Dental Laboratories 28 Pa. Code § 25.301 et seq.	September 1997, as proposed.	These new regulations are needed to establish standards for the operation of laboratories in dental offices, as required by the Controlled Substances, Drug Device and Cosmetic Act at 35 P. S. § 780-101 et seq.	Laurie McGowan 717-783-2500
Managed Care Organizations 28 Pa. Code §§ 9.1--9.227	December 1997, as proposed.	Amendment and update of regulations for Health Maintenance Organizations and Preferred Provider Organizations.	Howard Burde Laurie McGowan 717-783-2500
Head Injury Program	September 1997, as proposed.	Regulations will facilitate the implementation of this program.	Lawrence Otter 717-783-2500
Health Facility Licensure--Long Term Care Facilities & Ambulatory Surgical Facilities 28 Pa. Code § 201.1 et seq. 28 Pa. Code § 551.1 et seq.	July 1997, as proposed	Amendment and update of regulations for long term care facilities and ambulatory surgical facilities. Review occurred due to sunset of Certificate of Need	James T. Steele, Jr. 717-783-2500
Health Facility Licensure--General & Special Hospitals & Health Planning 28 Pa. Code § 101.1 et seq. 28 Pa. Code § 301.1 et seq. 28 Pa. Code § 401.1 et seq.	August 1997, as proposed	Amendment and update of regulations for general and acute care hospitals, emergency services and psychiatric services. Also, the chapters on health planning are proposed for repeal. Review occurred due to sunset of Certificate of Need	James T. Steele, Jr. 717-783-2500
Health Facility Licensure--General Administrative Chapter & General and Special Hospitals 28 Pa. Code § 51.1 et seq. 28 Pa. Code § 101.1 et seq.	September 1997, as final	Addition of general administrative chapter providing regulations relevant to all health care facilities; and addition of chapters to the general and special hospital regulations detailing requirements for the provision of specific types of services: open heart surgery, cardiac catheterization, organ transplantation surgery and neonatal care. Review occurred due to sunset of Certificate of Need.	James T. Steele, Jr. 717-783-2500
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.
INFRASTRUCTURE INVESTMENT AUTHORITY
Pennsylvania Infrastructure Investment Authority Financial Assistance 25 Pa Code Chapter 963   Water Pollution Control Revolving Fund 25 Pa Code Chapter 965	Summer 1997, as final.	The aforementioned regulations establish the Water Pollution Control Revolving Fund (''WPCRF'') in accordance with the federal requirements set forth in the Water Quality Act of 1987 (33 U.S.C.A. §§ 1251--1387). This fund is a revolving loan fund used to finance projects to construct public sewer systems. Currently, the WPCRF program is operating by guidelines; however, the need for regulations is evident. These regulations and amendments to existing regulations are a collaborative effort of the regulated community, the Department of Environmental Protection (''DEP''), the U.S. Environmental Protection Agency (''EPA'') and the Pennsylvania Infrastructure Investment Authority ('' PENNVEST''). The grant of authority to issue these regulations is set forth in Sections 5(c) and 6(4), (6) of the Pennsylvania Infrastructure Investment Authority Act ,35 P. S. § 751.5(c)(2) and 751.6(4) and (6).	Brion Johnson [phone]

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Regulation Being Considered	Proposed Date	Need and Legal Basis for Action	Agency
	for Promulgation		Contact
Individual On-Lot Sewage Disposal System Program 25 Pa Code Chapter 967	Winter 1997, as proposed.	The On-Lot Program affords citizens of the Commonwealth a means to finance and comply with environmental sewage disposal regulations in rural areas where households are not and will not be served by a centralized sewage disposal system. The aforementioned regulations set forth the terms and conditions for obtaining financial assistance from the On-Lot Program and are necessary to instruct the individual homeowners on the particulars of the On-Lot Program. For example, the On-Lot Program regulations will inform the homeowners on how to apply for assistance, funding eligibility criteria and on how the Program is administered. The On-Lot Program regulations are a collaborative effort of the U.S. Environmental Protection Agency, the Dept. of Environmental Protection, the PA Housing Agency and PENNVEST. The grant of authority to issue these regulations is set forth in Section 6(4)(i) of the Pennsylvania Infrastructure Investment Authority Act 35 P. S. § 751.6(4)(i).	Brion Johnson [phone]
INSPECTOR GENERAL
No regulations being developed or considered at this date.
INSURANCE
Miscellaneous (Relating to Uniform Classification of Expenses) 31 Pa. Code, Chapter 11	August 1997, as proposed.	Repeal ''11.2 and 11.5-7 to eliminate outdated unnecessary regulations and amend '11.4 to clarify current NAIC accounting instructions for electronic data processing expenses.	Arnold Braun 7l7-783-2142
Costs of Examinations 31 Pa. Code, Chapter 12	September 1997, as proposed.	Amend to clarify the various types of costs incurred in the conduct of department examinations.	Arnold Braun 7l7-783-2142
Securities and Stock Transactions 31 Pa. Code, Chapters 21, 23	November 1997, as proposed.	Amend to update requirements relating to Stock Ownership Statements, Proxies, Consents and Authorizations consistent with NAIC model language.	Arnold Braun 7l7-783-2142
Rules and Procedural Requirements for Insurance Holding Company Systems 31 Pa. Code, Chapter 25	August 1997, as proposed	Amend to be consistent with statutory amendments adopted in 1993 and to eliminate duplicative, unnecessary filing requirements. pursuant to Executive Order 1996-1	Arnold Braun 7l7-783-2142
Disclosure of Material Transactions 31 Pa. Code, Chapter 27	August 1997, as final.	Under section 320 of The Insurance Company Law of 1921 (40 P. S. '443), insurers transacting business in the Commonwealth are required to file financial statements with the Department on an annual basis, and the Department has the discretion to require additional statements as necessary. The proposed regulation requires domestic insurers to file interim statements of specific transactions which may have an effect on the financial condition of the company. The regulation is required for continued accreditation by the NAIC.	Arnold Braun 7l7-783-2142
Assigned Risk Plan 31 Pa. Code, Chapter 33	August 1997, as proposed.	Amend pursuant to Executive Order 1996-1.	Helfried LeBlanc 7l7-787-6117
Producer Licensing 31 Pa. Code, Chapters 37 and 39	August 1997, as proposed.	Amend 31 Pa. Code, Chapter 37, Agent Certificates of Qualification and Broker Licenses, consistent with statutory amendments in Act 72 of 1996, and amend Chapter 39 relating to continuing education for agents and brokers.	Arnold Braun 717-783-2142
Fraternal Beneficial Societies/Administration and Reserves 31 Pa. Code, Chapter 43	August 1997, as proposed.	Repeal to eliminate outdated, unnecessary requirements relating to the reserves of beneficial societies.	Arnold Braun 7l7-783-2142
Advertising of Insurance 31 Pa. Code, Chapter 51	August 1997, as proposed.	Amend pursuant to Executive Order 1996-1.	Gregory Martino 7l7-783-5079
Special Rules of Administrative Practice and Procedure 31 Pa. Code, Chapter 56	August 1997, as proposed.	Amend pursuant to Executive Order 1996-1.	James Johnson 717-783-2126
Publication of Citations and Notice of Hearings 31 Pa. Code, Chapter 57	August 1997, as proposed.	Amend pursuant to Executive Order 1996-1.	James Johnson 717-783-2126
Objections and Procedure for Hearings on Reports of Examination 31 Pa. Code, Chapter 58	July 1997, as proposed.	Repeal to eliminate outdated, unnecessary requirements consistent with the new examination law adopted in 1992 (40 P. S. '' 323.1--323.8) .	Arnold Braun 7l7-783-2142
Cancellations and Refusal to Renew Homeowners Insurance 31 Pa. Code, Chapter 59	July 1997, as proposed.	Amended language to regulation and statute is being drafted pursuant to Executive Order 1996-1.	Helfried LeBlanc 7l7-787-6174
Notices for and Appeals of Cancellations and Refusals to Renew Automobile Insurance Policies 31 Pa. Code, Chapter 61	July 1997, 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.	Helfried LeBlanc 7l7-787-6174
Physical Damage Appraisers 31 Pa. Code, Chapter 62	July 1997, as proposed.	Amend pursuant to Executive Order 1996-1.	Helfried LeBlanc 7l7-787-6174
Uninsured Motorist Coverage 31 Pa. Code, Chapter 63	August 1997, as proposed.	Amend pursuant to Executive Order 1996-1 and pending filing before the Department.	Gregory Martino 7l7-783-5079
Private Passenger Automobile Policy Forms 31 Pa. Code, Chapter 64	July 1997, as proposed.	Repeal pursuant to Executive order 1996-1.	Gregory Martino 7l7-783-5079
Charter Amendments 31 Pa. Code, Chapter 65 §§ 65.21--26	July 1997, as proposed.	Amend to eliminate outdated, unnecessary provisions relating to minimum capital and surplus requirements pursuant to Executive Order 1996-1.	Arnold Braun 7l7-783-2142
Motor Vehicle Financial Responsibility Law Consumer Protections Statement of Policy 31 Pa. Code, Chapter 68	July 1997, as proposed.	Repeal pursuant to Executive Order 1996-1.	Helfried LeBlanc 7l7-787-6174
Catastrophic Loss Trust Fund 31 Pa. Code, Chapter 67	July 1997, as proposed.	Amend obsolete regulation for the automobile insurance Catastrophic Loss Trust Fund. The Fund was abolished and replaced with the Catastrophic Loss Benefits Continuation Fund.	Ronald Gallagher 7l7-783-8093
Credit Insurance 31 Pa. Code, Chapters 71 and 73	August 1997, as proposed.	Delete Chapter 71 and amend Chapter 73. Because legislation passed in July 1994 expanded the Insurance Department's regulatory authority over credit unemployment insurance, the current credit insurance regulations will be expanded to include credit unemployment insurance. Additionally, the regulations will be revised to provide for less burdensome rating and rate deviation procedures, for new prima facie rates, and to incorporate and update numerous current credit insurance notices and guidelines.	Gregory Martino 717-787-5079
Life Insurance Illustrations	September 1997, 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.	Gregory Martino 717-783-5079
Accident and Health Insurance Regulation 31 Pa. Code, Chapter 89	September 1997, as proposed.	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.	Gregory Martino 7l7-783-5079
Medicare Supplement Insurance Policies 31 Pa. Code, Chapter 89 §§ 89.721--89.769	September 1997, as proposed.	Amend pursuant to Executive Order 1996-1.	Gregory Martino 7l7-783-5079
Hospital Expenses Benefits; Separate Accounts; Medicare Fee Control; Various Individual Death/Life/Annuity Benefits 31 Pa. Code, Chapter 90a; 90c--90h	September 1997, as proposed.	Amend pursuant to Executive Order 1996-1.	Gregory Martino 7l7-783-5079
Bylaws for Mutual Fire Insurance Companies 31 Pa. code, Chapter 103	July 1997, as proposed.	Repeal to eliminate inaccurate, unnecessary provisions relating to bylaws of domestic assessable mutual fire insurance companies pursuant to Executive Order 1996-1.	Arnold Braun 7l7-783-2142
Cash Advances to Insurance Companies 31 Pa. Code, Chapter 105	September 1997, as proposed.	Amend to 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.	Arnold Braun 7l7-783-2142
Pennsylvania FAIR Plan 31 Pa. Code, Chapter 111	October 1997, as final.	Repeal pursuant to Executive Order 1996-1.	Helfried LeBlanc 7l7-787-6174
Policies Covering Personal Property Pledged as Collateral 31 Pa. Code, Chapter 112	September 1997, as proposed.	Amend pursuant to Executive Order 1996-1.	Gregory Martino 7l7-783-5079
Certificates of Insurance 31 Pa. Code, §§ 113.31--31	October 1997, as final.	Repeal pursuant to Executive Order 1996-1.	Helfried LeBlanc 717-787-6174
Mass Merchandising of Property and Casualty Insurance 31 Pa. Code, §§ 113.51--62	October 1997, as final.	Repeal pursuant to Executive Order 1996-1.	Helfried LeBlanc 717-787-6174
Miscellaneous (Relating to Premium Rates and Payments) 31 Pa. Code, §§ 113.56--57	November 1997, as proposed.	Repeal pursuant to Executive Order 1996-1.	Gregory Martino 7l7-783-5079
Notice of Increase in Premium 31 Pa. Code, Chapter 113, §§ 113.81--87	September 1997, as final.	Amend current regulations to be consistent with 1995 amendments to Act 86 of 1986, which governs the termination of commercial property and casualty insurance policies. Act 10 of 1995 reduced the period for advance notice of increase in renewal premium from 60 to 30 days and eliminated the requirement that companies provide insureds with notice of estimated increases in premium. The proposed regulation reflects these statutory changes and clarifies various other provisions of Act 86 .	Helfried LeBlanc 717-787-6174
Public Adjusters 31 Pa. Code, Chapter 115	August 1997, 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. Additionally, three sections have been proposed for deletion since they mirror the Act.	Helfried LeBlanc 7l7-787-6174
Discounting Workers' Compensation Loss Reserves/Medical Malpractice Loss Reserve 31 Pa. Code, Chapter 116, §§ 116.1--9 31 Pa. Code, Chapter 118. ''118.1--6	September 1997, as proposed.	Blend regulations on discounting of loss reserves into one regulation consistent with Executive Order 1996-1.	Gregory Martino 7l7-783-5079
Anti-Arson Application 31 Pa. Code, Chapter 117	October 1997, as final.	Repeal pursuant to Executive Order 1996-1.	Helfried LeBlanc 7l7-787-6174
Fees for Out of State Companies 31 Pa. Code, Chapter 121	July 1997, as proposed.	Repeal pursuant to Executive Order 1996-1.	Arnold Braun 7l7-783-2142
Surplus Lines 31 Pa. Code, Chapter 124	August 1997, as proposed.	Repeal two current regulations, 31 Pa. Code, Chapters 35 and 123 and replace with one updated regulation relating to surplus lines insurance consistent with 1992 statutory amendments.	Arnold Braun 7l7-783-2142
Title Insurance 31 Pa. Code, Chapter 125	July 1997, as proposed.	Amend pursuant to Executive Order 1996-1.	Gregory Martino 7l7-787-5079
Management Contracts or Exclusive General Agency Agreements 31 Pa. Code, Chapter 127	October 1997, as proposed.	Amend to clarify the types of licensees to which the regulations apply, eliminate unnecessary filings and update provisions to reflect current requirements applicable to managers and exclusive general agents .	Arnold Braun 7l7-783-2142
Deductible Program 31 Pa. Code, Chapter 131	October 1997, as final.	Repeal pursuant to Executive Order 1996-1.	Gregory Martino 7l7-783-5079
Preparation of Filing of Property and Casualty Forms for Approval 31 Pa. Code, Chapter 133	August 1997, as proposed.	Repeal pursuant to Executive Order 1996-1.	Gregory Martino 7l7-783-5079
Qualifications of Persons Signing Annual Financial Statements 31 Pa. Code, Chapter 135	September 1997, as final.	Repeal pursuant to Executive Order 1996-1.	Arnold Braun 7l7-783-2142
Miscellaneous (Unsafe Products, Consumer Affairs, Advertising 31 Pa. Code, Chapter 137	September 1997, as final.	Repeal pursuant to Executive Order 1996-1.	Scott Schwartz 7l7-787-2567
Description of Reserves--Prohibited Phrases 31 Pa. Code, Chapter 139	November 1997, as proposed.	Amend pursuant to Executive Order 1996-1.	Gregory Martino 7l7-783-5079
Unfair Insurance Practices; Unfair Claims Settlement Practices 31 Pa. Code, Chapter 146	October 1997, as proposed.	Amend pursuant to Executive Order 1996-1.	Helfried LeBlanc 7l7-787-6174
Securities Held Under Custodial Agreements 31 Pa. Code, Chapter 148	November 1997, 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.	Arnold Braun 7l7-783-2142
Continuing Care Providers 31 Pa. Code, Chapter 151	October 1997, 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.	Arnold Braun 7l7-783-2142
Liability Risk Retention Groups 31 Pa. Code, Chapter 153	August 1997, as proposed.	Repeal pursuant to Executive Order 1996-1.	Arnold Braun 7l7-783-2142
Medical Professional Catastrophe Loss Fund 31 Pa. Code, Chapters 242--245	October 1997, as proposed.	Act 135 of 1996 reforms the Medical Professional Liability Catastrophe Loss Fund (Fund) by raising primary coverage limits for health care providers to $300,000. The statute also changes the formula used to assess providers' Fund coverage from a premium based method to one fixed on filed Joint Underwriting Association rates. The Insurance Department will amend its regulations consistent with the statute.	Gregory Martino 7l7-783-5079
Health Maintenance Organizations 31 Pa Code, Chapters 301--303	November 1997, as proposed.	Amend pursuant to Executive order 1996-1.	Gregory Martino 7l7-783-5079
Underground Storage Tank Indemnification Fund--Claims Regulation 25 Pa. Code, Chapter 977	October 1997, as proposed.	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.	Ronald Gallagher 717-783-8093
Underground Storage Tank Indemnification Fund--Fee Regulation 25 Pa. Code, Chapter 971	August 1997, as final.	Amend the existing fee regulation for the Underground Storage Tank Indemnification Fund (USTIF) to comport with the USTIF Board's decision to reduce fees of the USTIF.	Ronald Gallagher 7l7-783-8093
LABOR AND INDUSTRY
Unemployment--Subchapter E: Retirement Pensions & Annuities 34 Pa. Code §§ 65.101 through 107	December 1997, as proposed.	The proposed rulemaking will bring the pension and annuities section of the unemployment compensation regulations into conformity with USDOL's interpretation of the Federal Unemployment Tax Act, 26 U.S.C. § 3301, et seq. In order to avoid a conformity dispute with USDOL, which could have serious repercussions for the State, the Department of Labor and Industry has agreed to remove the nondeductibility of these payments from the regulations.	Pete Cope [phone]
Workers' Compensation Judges and Workers' Compensation Appeal Board 34 Pa. Code Chapters 131 and 111	December 1997, draft. Approval in 1998 for Judges. Draft for WCAB in 1998.	These rules have not been updated in many years; they need to reflect the changes in the law and practice of workers' compensation. Draft (tentatively) to be prepared by December 1997, but not into approval process until 1998 for Judges Rules. Workers' Compensation Appeal Board, draft tentatively in 1998.	Thomas J. Kuzma [phone]
Act 57--Workers' Compensation Reform--Regulations	December 1997, as proposed.	The regulations effectuate the provisions of Act 57. The amendments were intended to curtail the escalating costs associated with work-related injuries in terms of workers' compensation insurance premiums and litigation costs, while preserving the rights of injured workers to be adequately compensated for their work-related injuries. The regulations safeguard the rights of parties and ensure the uniform application of the provisions of Act 57.	Len Negley [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	December, 1997, 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 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.
Group Self Insurance Funds 34 Pa. Code Chapter 125	December 1997, as final.	These regulations will bring Chapter 125 into compliance with certain amendments (Sections 30582, 802 (b)(11), 819) which resulted from Act 57.	George Knehr [phone]
Unemployment Compensation Telephone Hearings 34 Pa. Code, Part VI, Chapter 101	December 1997, as final.	The former regulations governing hearings conducted via telephone sunsetted on April 8, 1994, although telephone hearings continue to be conducted with the consent of all parties. The Commonwealth Court held in Knisley v. Unemployment Compensation Board of Review, 93 Pa. Cmwlth. 519, 501 A.2d 1180 (1985), that absent promulgated regulations which safeguard the minimum due process rights of parties and also ensure that all hearings are conducted uniformly, evidence obtained via telephone, if properly objected to, will be stricken from the record.	Carol A. Shaffner [phone]
Elevators and Lifting Devices --New regulation	December 1997, as proposed.	The new regulation will amend the current standards to include ANSI/ASME A17.1, B20.1 and other national consensus standards. There is a need to update standards to bring them in line with national standards. Regulation is pending approval of Statewide Building Code Legislation.	James Varhola [phone]
Underground Storage Facilities --New regulation	December 1997, as proposed.	This regulation will address requirements for natural or man-made caverns used for LPG storage. Drafting of proposed regulations were put on hold pending the outcome of the statewide Building Code Legislation.	James Varhola [phone]
Dry Cleaning--New regulations	December 1997, as proposed.	''Dry Cleaning Law,'' Act of December 19, 1990, P. L. 1387, No. 214, 35 P. S. § 1270.1 et seq. This regulation is to regulate the construction, operation and maintenance of dry cleaning plants. Drafting of proposed regulation was put on hold pending the outcome of the statewide Building Code Legislation.	Edward Leister [phone]
Lead-Based Paint Occupations Accreditation and Certification --New regulations	December 1997, as proposed.	Act of July 6, 1995, P. L. 291, No. 44, 35 P. S. § 5901, et seq. This regulation sets up the Department's lead-based paint accreditation of training providers and the worker certification program. It is based on the Environmental Protection Agency's model plan.	Sharon Lawson [phone]
Asbestos Occupations Accreditation and Certification --New regulations	December 1997, as proposed.	Act of December 19, 1990, P. L. 05, No. 194, 63 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]
MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND
Payment and Collection of Fund Surcharge 31 Pa Code §§ 242.1 et. seq.	August 1997, as proposed.	This regulations will further clarify 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, and the date on which it is to be remitted to the Fund. Statutory authority 40 P. S.§§ 1301.701 et.seq.	Arthur McNulty 717-783-3770
MILITARY AND VETERANS AFFAIRS
State Veterans Home 43 Pa.Code Section 7.1 et. seq.	October 1997, 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.	Robert P. Daday 717-861-8503
PROBATION AND PAROLE
Definitions 37 Pa. Code Chapter 61	No publication anticipated in the next six months.	Adds two terms to the definition section to further clarify what the Board means by ''application'' for parole and ''residence.''	Doris Shappell 717-772-0260
Application Process 37 Pa. Code Chapter 63	No publication anticipated in the next six months.	Expands the subsection dealing with parole applications to provide for a formal application process, including an official form.	Doris Shappell 717-772-0260
Reporting Requirements 37 Pa. Code Chapter 63	No publication anticipated in the next six months.	Changes the reporting requirement from within 48 hours to 24 hours from the time of release. Makes changes to standard conditions of parole.	Doris Shappell 717-772-0260
Firearms 37 Pa. Code Chapter 69	No publication anticipated in the next six months.	Repeals the section.	Doris Shappell 717-772-0260
Conviction for a New Criminal Offense 37 Pa. Code Chapter 71	No publication anticipated in the next six months.	Changes language governing time period for holding revocation hearing in order to mirror recent court decisions.	Doris Shappell 717-772-0260
Presumptive Ranges for Parole Violations 37 Pa. Code Chapter 75	No publication anticipated in the next six months.	Repeal the chapter or revise the current presumptive ranges listed for new criminal offenses and technical parole violations.	Doris Shappell 717-772-0260
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
Change in Benefit Payment Plan 22 Pa. Code § 213.45	July 1997, as final.	Under the current regulations, a benefit payment plan becomes irrevocable upon filing of the application for annuity. The member, however, does not receive a final audit of the retirement account until after the application has been filed and benefits have commenced. The proposed regulation seeks to correct the unfairness of having the member make irrevocable retirement elections before receiving final account information by making the benefit payment plan irrevocable only after the required account audit is performed. The regulations are promulgated under the authority of the Public School Employees' Retirement Code (Act of October 2, 1 975, P. L. 298, No. 96, as amended), 24 Pa.C.S. §§ 8101--8535.	Frank Ryder [phone]
PUBLIC WELFARE
Subsidized child day care	July 1997, as proposed	This proposed regulation will indicate the changes being made to implement an integrated child care system as required by the Federal Child Care and Development Block Grant. The proposed regulation includes requirements for families eligible for the subsidized day care program and the option for families to select in-home care.	Tom Vracarich [phone]
Child Protective Services Law	December 1997, as proposed	This regulation incorporates the amendments to the child protective services law as a result of Act 151 of 1994 and Act 10 (Special Services No. 1) of 1995. The major changes are: provisions for investigating reports of suspected sexual abuse or exploitation or serious bodily injury by a school employee against a student; screening applicants for employment in schools against childline files to determine whether or not their names are on file as an abuser; and reports of neglect.	Tom Vracarich [phone]

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Regulation Being Considered	Proposed Date	Need and Legal Basis for Action	Agency
	for Promulgation		Contact
Medical assistance estate recovery	October 1997, as proposed	This regulation will codify the department's collection practices to recover correctly paid ma from the estates of certain deceased recipients age 55 or older who receive Medical Assistance for nursing facility care (includes Intermediate Care Facilities/Mental Retardation and Intermediate Care Facilities/Other Related Conditions), home and community based services, and related hospital prescription drug services. Changes effective August 15, 1994 and are the result of OBRA' 93 and Act 1994-49.	Tom Vracarich [phone]
OBRA 90: Supplemental Security Income-related MA income/resource	No publication anticipated in next six months	This final omitted regulation codifies seven changes resulting from OBRA 90 that effect the SSI program and therefore the SSI-related program in the areas of income and resources. OBRA 90 also provides a mandatory change to the posteligibility requirements for institutionalized MA eligibles who will have their VA pension reduced to $90 but that will not be counted in determining cost of care. Thus, SSI and SSI-related MA recipients will be positively impacted. The reduction that veterans will contribute toward cost of care will increase federal/state costs but will not affect service delivery. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Disclosure of social security number	July 1997, as proposed	This regulation incorporates federal requirements that applicants for and recipients of benefits administered by the Department of Public Welfare are required to disclose or apply for a social security number as a condition of eligibility. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Continuation of Medical Assistance throughout pregnancy.	December 1997, as final omitted	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. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Lump sum payments	July 1997, as proposed	This proposed regulation will require that any balance remaining of a lump sum that has been treated as income in the calendar month of receipt for the Medical Assistance eligibility determination is treated as a resource in subsequent months. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Veterans Affairs Aid and Attendance	July 1997, as final omitted	This regulation codifies the provision that the VA aid and attendance benefit received by an MA recipient in a nursing facility is not counted as income when determining the amount of income an individual is expected to pay toward the cost of care. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Emergency Assistance Program	July 1997, as proposed	This regulation eliminates the allocation of emergency assistance for housing under the cash grant line. Funding for this purpose will be transferred to the Office of Social Programs. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Exclusion of Resources--Medical Assistance children	December 1997, 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. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Workfare/Community Service	January 1998, 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. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
General Assistance Restructure --Act 1994-49	August 1997, as final omitted	This regulation incorporates provisions of Act 1994-49 including acceptance of written verification of medical disability for chronically needy non-financial eligibility determination; 60-day residency requirement; savings designated for educational purposes; and certain medical services which are no longer compensable expenses. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Elimination of transitionally needy component of general assistance program	August 1997, as final omitted	This regulation codifies the elimination of cash assistance payments to persons in the GA-Transitional Needy (''TN'') category. References to both the TN and chronically needy (CN) components are deleted since there is no longer a need to differentiate between GA program requirements. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Act 1996-35--General eligibility changes	August 1997, as final omitted	This regulation codifies statutory changes to eligibility conditions for General Assistance benefits, including the following: expanding the eligibility determination period to 30 days; establishing a period of residency; imposing ineligibility periods based on welfare fraud convictions; limiting Medically Needy Only/Medical Assistance (''MNO/MA'') eligibility to certain groups; and revising the methodology used to determine eligibility for retroactive MNO/MA. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Elimination of PACE requirement	December 1997, 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. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Change in guardian income deduction	No publication anticipated in next six months	This regulation provides for a limited income deduction for court-ordered guardian and other fiduciary fees in the Medical Assistance posteligibility determination process for institutionalized patients. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Organ transplants	No publication anticipated in next six months	This regulation codifies an OBRA '93 requirement that organ transplants are not considered an emergency medical service. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Minor parent	September 1997, as final omitted	This regulation incorporates Act 1995-20 revisions to the Temporary Assistance for Needy Families and General Assistance general eligibility requirements by adding a condition that, to receive cash assistance, certain minor parents who are applicants or recipients and the dependent children in the minor parent's care, must reside in the home of a parent, legal guardian, other adult relative, or in an adult-supervised supportive living arrangement, unless one of several exceptions is met. Act 35 expanded this provision to include the TANF-related category of categorically needy-nonmoney payment medical assistance. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Real property liens	December 1997, 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. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Criminal history	September 1997, as final omitted	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. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Act 1996-35--Provisions Effective March 3, 1997	September 1997, 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; establishing a two-tier benefit level based on residency; 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. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Act 1996-35--Community Service	February 1998, as final	This proposed regulation would provide that a person who verifies they are actively engaged in volunteer community services for 100 hours per month can qualify for MNO-MA benefits if otherwise eligible. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Veterans Affairs pension to surviving spouse in a nursing facility	No publication anticipated in next six months	This regulation codifies the exclusion of the aid and attendance benefits of a reduced Veterans Affairs pension to veterans and to the surviving spouses of veterans similarly situated, having no dependents and in a medicaid-funded nursing facility. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Medical support rights	September 1997, as final omitted	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. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Annuity rule	December 1997, as final omitted	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. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Tom Vracarich [phone]
Intentional Program Violations	November 1997, 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 be subject to an immediate disqualification penalty regardless of the individual's current eligibility status for benefits. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client groups.	Tom Vracarich [phone]
Early and Periodic Screening Diagnosis Treatment (EPSDT)	October 1997, 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. This regulation will be reviewed by the medical assistance advisory committee (MAAC) which includes representatives of professional provider associations, providers, the health law project, the welfare rights organization, consumers, and client advocacy groups.	Tom Vracarich [phone]
Clozapine support services	August 1997, as final omitted	This regulation codifies coverage for psychiatrists, outpatient psychiatric clinics and psychiatric partial hospital facilities for support services provided to MA recipients receiving clozapine. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Medical Assistance case management services	August 1997, 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. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
General Assistance restructure --Act 1994-49	August 1997, 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. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Prior authorization	August 1997, as final omitted	This final regulation adds a prior authorization requirement for home health services, psychiatric partial hospitalization and multisource brand name drugs identified by the department as having equivalent generic drug products available for substitution. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Discontinue coverage--infertility	August 1997, as final omitted	This final regulation codifies Act 1994-49 provisions that discontinues payment for all drugs, devices, products, services and procedures that are used or related to treating infertility, including surrogacy services, effective September 1, 1994. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Residential treatment facilities (RTF) for mental health services	August 1997, 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. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Pharmaceutical services drug coverage	August 1997, 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). This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
$150 deductible for General Assistance recipients	August 1997, 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. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
Inpatient Hospital Services--Negotiated Rate Agreement	August 1997, as final omitted	This final regulation incorporates the provisions of the negotiated rate agreement between the Department and the hospital industry. This regulation will be reviewed by the MAAC, as noted above.	Tom Vracarich [phone]
REVENUE
Books, Publications and Advertising Materials 61 Pa. Code § 31.29	January 1998, as proposed.	The Department is amending § 31.29 (relating to books, printed matter and advertising materials) in response to statutory changes and inquiries from the public.	Douglas A. Berguson 717-787-1382
Building Maintenance or Building Cleaning Services 61 Pa. Code §§ 55.7 and 60.1	January 1998, as proposed.	This regulation sets forth the Department s interpretation of 72 P. S. §§ 7201(k)(14), (o)(12) and (aa) and 7204(51) relating to the taxation of building maintenance or building cleaning services. Currently the Department s interpretation is set forth as a pronouncement and codified at § 60.1 (relating to building maintenance or building cleaning services). The Department has concluded that its policy relating to this service should be set forth as a regulation. Therefore, in addition to proposing to add § 55.7 (relating to building maintenance or building cleaning services), the Department is also proposing to delete the pronouncement set forth at § 60.1.	Douglas A. Berguson 717-787-1382
Calculation of Title Insurance Company Gross Premiums 61 Pa. Code § 162.11	October 1997, as proposed.	The Department is proposing a change in the method of calculating the gross premiums tax on title insurance policies for which the issuer charges the insured an all-inclusive fee pursuant to the rate schedule approved by the Pennsylvania Insurance Department.	Douglas A. Berguson 717-787-1382
Cigarette Tax 61 Pa. Code, Article III	July 1997, as proposed.	This regulation is a comprehensive amendment to the cigarette tax regulations set forth in Title 61, Article III. Cigarette and Beverage Taxes.	Douglas A. Berguson 717-787-1382
Compensation; Allowable Deductions From Gross Compensation and Deferred Compensation Arrangements 61 Pa. Code §§ 101.6, 101.6a and 101.6b	January 1998, as proposed.	The Department is amending §§ 101.6 and adding 101.6a and 101.6b to set forth its interpretation of current case law and current policy in the areas of compensation; commonly recognized old age or retirement benefits; reimbursements of business expenses; and guaranteed payments.	Douglas A. Berguson 717-787-1382
Credits Against Tax; Estimated Tax 61 Pa. Code §§ 111.2--111.5, 115.1--115.5, 115.8, 115.9 and 115.11--115.12	January 1998, as proposed.	This regulation sets forth the Department s policy relating to taxes for which credit is not allowed; other conditions for allowance of the credit for taxes paid to other states; limitations on the amount of the credit for taxes paid to other states; proof requirements; jointly paid estimated tax; and application of overpayments of estimated tax. This regulation is necessary to delete obsolete text; add language consistent with statutory changes; and provide additional guidance in areas that have been subject to questions from the public.	Douglas A. Berguson 717-787-1382
Definitions; Net Profits and Regulated Investment Companies 61 Pa. Code §§ 101.1, 103.12 and 155.30	January 1998, as proposed.	Section 101.1 (relating to definitions) is being amended by replacing the existing definitions of ''employe'' and ''employer'' with new definitions consistent with the requirements of 72 P. S. § 7301(g) and (h). The definition of ''income'' is being expanded to implement the provisions of 72 P. S. § 7602(f)(2)(A) and reflect recent holdings in Morgan v. Commonwealth, 42 Pa. Commonwealth Ct. 557, 400 A.2d 1384 (1979) and Wettach v. Commonwealth, 153 Pa. Commonwealth Ct. 293, 620 A.2d 730 (1993). Section 103.12 (relating to net profits) is also being amended to reflect Morgan and Wettach. The definition of ''personal income tax income'' set forth in § 155.30(b)(4) (relating to regulated investment companies) is being amended to provide that the term means income computed in the same manner and on the same basis as the income of an individual under Article V. Personal Income Tax.	Douglas A. Berguson 717-787-1382
Disclaimers of Nonprobate Taxable Assets 61 Pa. Code § 93.81	September 1997, as proposed.	The regulation sets forth specific conditions that must be met in order for a disclaimer executed in regard to nonprobate taxable assets and nontrust assets of resident decedents to be valid for Pennsylvania inheritance tax purposes. Based on the decision and order received from the Commonwealth Court In Re Estate of Bernecker, 654 A.2d 246 (Pa. Commonwealth 1995), the Department is revising its policy on the effectiveness of disclaimers of nonprobate taxable assets for Pennsylvania inheritance tax purposes.	Douglas A. Berguson 717-787-1382
Further Examination of Books and Records 61 Pa. Code §§ 6.22, 8a.1 and 35.1	September 1997, as final.	This regulation interprets section 2915-A of the act of June 30, 1995 (P. L. 139, No. 21) (Act 21) by adding § 8a.1 (relating to further examination of books and records). It also deletes § 6.22 (relating to further examination of books and records) because the section will not be necessary upon final publication of § 8a.1. To avoid confusion, § 35.1 (relating to tax examinations and assessments) is being amended to delete language that is similar In nature to § 8a.1. Section 2910-A of Act 21 required the Department to develop regulations to implement the provisions of Article XXIX-A. Tax Amnesty Program, of which section 2915-A, further examination of books and records, is a part.	Douglas A. Berguson, 717-787-1382

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Regulation Being Considered	Proposed Date	Need and Legal Basis for Action	Agency
	for Promulgation		Contact
General Explanation and Issuance of Certificate 61 Pa. Code §§ 2.1 and 2.3	August 1997, as final.	In 1988, the Department adopted numerous amendments to Chapter 2. Employment Incentive Payment. Since that time, there have been changes to various Federal programs that have prompted the amendment of 2.3 (relating to issuance of certificate (Form REV-1601)). This amendment conforms the regulation to be consistent with those Federal programs. Section 2.3(b) is amended to extend the time period in which an employer may request a Program Certificate from the Department of Public Welfare from the date the employed welfare recipient begins work to no later than 21 days following the actual date the employed welfare recipient began work.	Douglas A. Berguson 717-787-1382
Lawn Care Services 61 Pa. Code §§ 55.6 and 60.2	September 1997, as final.	This regulation sets forth the Department s interpretation of 72 P. S. §§ 7201(k)(17), (o)(15) and (jj) relating to the taxation of lawn care services. Currently the Department s interpretation is set forth as a pronouncement and codified at 61 Pa. Code § 60.2 (relating to lawn care services). Department has concluded that its policy relating to this service should be set forth as a regulation. Therefore, In addition to proposing to add § 55.6 (relating to lawn care services), the Department is also proposing to delete the pronouncement set forth at § 60.2.	Douglas A. Berguson, 717-787-1382
Local Tax 61 Pa. Code §§ 60.16, and 95.1 --95.303	January 1998, as proposed.	This regulation sets forth the Department s interpretation of sections 501--509 of the Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class (53 P. S. §§ 12720.501--12720.509), sections 3150-B--3157-B of the Second Class County Code (16 P. S. §§ 6150-B--6157-B) and section 201-A of the Tax Reform Code of 1971 (72 P. S. § 7201-A). Currently the Department s interpretation is set forth as a pronouncement and codified at 61 Pa. Code § 60.16 (relating to local sales, use and hotel occupancy tax). The Department has concluded that its policy relating to local sales, use and hotel occupancy tax should be set forth as a regulation. Therefore, in addition to proposing to add Chapter 95. Local Tax, the Department is also proposing to delete the pronouncement set forth at § 60.16.	Douglas A. Berguson, 717-787-1382
Maintaining a Place of Business Within this Commonwealth 61 Pa. Code § 56.1	January 1998, as proposed.	Section 56.1 is amended to make it more consistent with the statutory definition of ''maintaining a place of business in this Commonwealth'' set forth at 72 P. S. § 7201(b) including the amendment set forth in Act 1995-21 (72 P. S. § 7201(b)(4)) regarding what the term does not include.	Douglas A. Berguson, 717-787-1382
Passenger Car Rental Tax 61 Pa. Code §§ 9.14 and 47.20	October 1997, as final.	This regulation sets forth the Department s interpretation of Article XVI-A Passenger Car Rental Tax (72 P. S. §§ 8601-A--8604-A). Currently the Department s interpretation is set forth as a pronouncement and codified at § 9.14 (relating to passenger car rental tax). The Department has concluded that its policy relating to Article XVI-A should be set forth as a regulation. Therefore, in addition to proposing to add § 47.20 (relating to passenger car rental tax), the Department is also proposing to delete the pronouncement set forth at § 9.14.	Douglas A. Berguson, 717-787-1382
Public Transportation Assistance Fund Taxes and Fees 61 Pa. Code §§ 9.4 and 47.19	October 1997, as final.	This regulation sets forth the Department s interpretation of 72 P. S. § 9301 relating to public transportation assistance fund taxes and fees. Currently the Department s interpretation is set forth as a pronouncement and codified at § 9.4 (relating to public transportation assistance fund taxes and fees). The Department has concluded that its policy relating to public transportation assistance fund taxes and fees should be set forth as a regulation. Therefore, in addition to proposing to add § 47.19 (relating to public transportation assistance fund taxes and fees), the Department is also proposing to delete the pronouncement set forth at § 9.4.	Douglas A. Berguson, 717-787-1382
Return of Information as to Payment In Excess of $10 61 Pa. Code § 117.18	January 1998, as final.	This regulation amends § 117.18 (relating to return of information as to payment in excess of $10) to clarify how a Pennsylvania information return may be made by a regulated investment company. In March, 1996, the Department adopted a final-form regulation that amended § 117.18 in addition to other personal income tax regulatory sections. During the final stages of the adoption process, a comment was made regarding the information return made by a regulated investment company. To avoid delay in adoption of the entire regulatory package, the Department agreed to amend the section In a separate regulation.	Douglas A. Berguson, 717-787-1382
Telecommunications Service 61 Pa. Code §§ 31.1, 31.24, 48.1 and 55.8	October 1997, as proposed.	This regulation sets forth the Department s interpretation of the 1991 statutory changes set forth in section 201(m), 202(c) and 204(5) of the Tax Reform Code of 1971 (72 P. S. §§ 7201(m), 7202(c) and 7204(5)) regarding telephone, telegraph and telecommunications services.	Douglas A. Berguson, 717-787-1382
Sales and Use Tax Amendments 61 Pa. Code §§ 7.3, 7.6, 31.4, 31.5, 31.7, 31.26, 32.1--32.5, 32.21, 32.22, 32.31--32.37, 33.1, 33.2, 33.4, 42.1, 42.3, 44.2, 45.1, 46.9, 47.18 and 58.13	October 1997, as proposed.	The Department is proposing numerous amendments to the Pennsylvania Code, Title 61. This regulatory package is the result, In part, of a comprehensive review of sales and use tax regulations in light of legislative changes from 1991 to the present.	Douglas A. Berguson, 717-787-1382
SECURITIES COMMISSION
Institutional Investor 64 PA. Code § 102.111	October 1997, as final.	This regulation would be amended to include Qualified Institutional Buyer (QIB) under SEC Rule 144A as an institutional investor under the 1972 Act. Under Rule 144A, a QIB is an organization or regulated person who, acting for its own account or the accounts of other qualified institutional buyers, owns and invests on a discretionary basis in the aggregate at least $100 million in securities of issuers that are not affiliated with such person. Not being uniform with the SEC definition requires issuers selling only to institutional buyers to incur the cost of a Blue Sky legal memo for Pennsylvania to determine where PA differs from the SEC definition. Other states have included Rule 144A QIBs in their definition of institutional investor.	G. Philip Rutledge [phone]
Securities issued by broker-dealers 64 PA. Code § 202.080	October 1997, as final.	This regulation would repeal the requirement to file Form 202-H with the Commission for offers and sales of securities of a registered broker-dealer to officers, partners or employees. In FY95-96, the Commission received 12 filings under this section. Staff performs only a cursory review of the form and does not believe that the filing requirement is necessary or appropriate for the protection of investors. As there is no filing fee for Form 202-H, there is no impact on fee revenues.	G. Philip Rutledge [phone]
World class issuer exemption 64 PA. Code § 202.094	October 1997, as final.	Currently, many large, multinational corporations domiciled outside of the US cannot take advantage of exemptions form registration under the Act because their securities are not listed on a US stock exchange or they are not reporting companies to the Securities and Exchange Commission (''SEC''). Section 202.094 will designate securities issued by large, multinational corporations that do not have securities listed on a US securities exchange as exempt from the registration provisions of the Act. This will provide parity with securities of large US corporations whose securities are exempt under Section 202(f) of the Act.	G. Philip Rutledge [phone]
Isolated Transaction Exemption 64 PA. Code § 203.189	October 1997, as final.	This regulation would be amended to (1) delete the requirement that the issuer must be organized under PA law or have its principal place of business in PA and (2) expand the number of sales to be made to Accredited Investors. The Commission has received numerous inquiries concerning the availability of this exemption from issuers that anticipate only one or two sales in PA, generally to Accredited Investors. In most cases, however, the exemption was not available because the issuer was not a PA Issuer. For a three month period in 1996, the Commission received 42 inquiries from non-PA Issuers, 33 of which indicated that sales would be made to only one or two Accredited Investors in PA. On an annualized basis, this would mean that approximately 132 issuers would not have to make a filing with the Commission. Because no filing would need be made, it is estimated that there would be an annual General Fund fee revenue loss of approximately $20,000.	G. Philip Rutledge [phone]
Offers on the Internet 64 PA. Code § 203.189.1	October 1997, as final.	This regulation will codify the Commission's existing Internet order granting an exemption for offers of securities which are made on the Internet but are not intended to be sold to PA residents. This order has served as a nationwide model for dealing with jurisdictional issues concerning Internet offerings at the state level and has been advocated by SEC Commissioner Wallman for adoption at the federal level.	G. Philip Rutledge [phone]
Waivers for Accredited Investors 64 PA. Code § 204.012	October 1997, as final.	This regulation would waive the offer and sale numerical limitations in Sections 203(d) and (e) of the 1972 Act and the general solicitation prohibition in Section 203(d) of the 1972 Act for Accredited Investors. This regulation is being proposed in light of new systems being developed and receiving certain regulatory approvals from the SEC that facilitate the communication of securities offerings on the Internet to Accredited Investors (e.g. ACE-Net) and to provide regulatory guidance for those issuers relying upon the Commission's Internet Order (wherein the Commission took the position that Internet offers constituted general solicitation under the 1972 Act) that subsequently may wish to make sales in PA to Accredited Investors.	G. Philip Rutledge [phone]
Trust Indenture Requirements 64 PA. Code § 207.081	October 1997, as final.	This amendment would repeal the requirement that all debt securities to be registered by qualification under Section 206 of the 1972 Act be required to comply with the Federal Trust Indenture Act of 1939.	G. Philip Rutledge [phone]
Subscription Agreements 64 PA. Code § 207.091	October 1997, as final.	This amendment would repeal that the portion of the regulation requiring intrastate offerings under Section 206 to use a specific subscription form. The Commission has not enforced this provision and believes that issuers should have the ability to fashion their own subscription agreements within the appropriate constraints of the anti-fraud provisions of the 1972 Act.	G. Philip Rutledge [phone]
Quarterly Reports of the Progress of a Registered Offering 64 PA. Code § 207.110	October 1997, as final.	This amendment would repeal the requirement to file Form 207-K. The Commission received 108 207-K reports during FY95-96 from approximately 27 issuers filing under Section 206, of which 20 were non-profit organizations selling debt securities. These organizations generally renew their registration each year and information concerning sales during the prior year are captured by Item 5 of Form 206. Information filed on Form 207-K has not been material to the Commission's enforcement efforts and it believes that this requirement is a regulatory burden which does not fulfill a sufficient corresponding investor protection objective.	G. Philip Rutledge [phone]
Notice to Purchasers under Section 207(m) 64 PA. Code § 207.130	December 1997, as proposed.	This amendment would implement provisions of Act 126 of 1994. Act 126 of 1994 amended Section 207(m) and deleted its application to transactions under Sections 203(e) and (r) of the 1972 Act while also making the furnishing of a notice reciting the withdrawal rights under Section 207(m) a condition of the exemption in Section 203(d). Act 126 also gave the Commission explicit authority to adopt a regulation specifying the form and manner in which a 207(m) notice has to be given.	G. Philip Rutledge [phone]
Required Records; Report on Sales of Securities and Use of Proceeds 64 PA. Code § 209.010	October 1997, as final.	This amendment would repeal reporting requirements on Form 209 for non-investment companies. Last year, the Commission received 1,244 Form 209 reports from non-investment companies. The Commission expends an enormous amount of time, computer resources and postage to insure timely filing of Form 209. Aggregate offerings of $100,000 or less under Section 203(d) have been exempt from filing Form 209 for a number of years without any adverse effect. The information supplied by Form 209 does not contribute materially to the Commission's enforcement efforts and often is submitted in such form where it cannot be compared meaningfully to the original offering document. The few instances where oversales have been detected can be addressed through an adjustment to the fee schedule. The Commission believes the Form 209 filing requirement for non-investment companies is a regulatory burden which does not fulfill a sufficient corresponding investor protection objective.	G. Philip Rutledge [phone]
Canadian broker-dealer exempt 64 PA. Code § 302.065	October 1997, as final.	This new regulation will exempt Canadian broker-dealers and agents that are licensed and in good standing in Canada from the broker-dealer and agent registration provisions of the Act if the Canadian broker-dealer and agent effects transactions only with persons from Canada who are pre-existing clients and who temporarily are present in Pennsylvania when the transactions occur.	G. Philip Rutledge [phone]
Financial Reports to Security Holders 64 PA. Code § 606.011	October 1997, as final.	This amendment would delete the regulation's application to transactions effected under Sections 203(o)(ii), (q) and (r) and exclude from the regulation's requirements companies that are subject to the reporting requirements of the Securities Exchange Act of 1934 under Sections 13 of 15(d) thereof that actually have made a filing under that act. Deleting application of the provisions of this section to Sections 203(o)(ii), (q) and (r) would parallel changes to the 1972 Act which removed the application of the Two Business Day Right of Withdrawal to transactions effected under those sections. The transactions affected by this amendment are not those that require heightened regulatory oversight. A further amendment would address a problem that has arisen in using the definition of ''reporting company'' in the 1972 Act. This section of the regulation always has stood for the proposition that a company filing Forms 10-Q and 10-K with the SEC would not have to provide additional financial information to PA shareholders. The Division would retain the concept but change the wording.	G. Philip Rutledge [phone]
Amendment Form 64 PA. Code § 609.011	October 1997, as final.	This amendment would delete the requirement to use a specific form for amending filings made with the Commission. The form should be deleted because many issuers do not use it and the Commission has not enforced its use. The amendment would recast the regulation as a general requirement to file material changes with respect to previously filed offering documents and would obligate issuers to identify the form or filing being amended and provide a copy which is marked to show changes. Also, the Commission would propose including a sunset date that no amendments need be filed with respect to offerings for which the last sale in the Commonwealth was made more than five years ago, which time period equals the criminal statute of limitations in Section 511.	G. Philip Rutledge [phone]
STATE
Corporations Bureau	December 1997, as proposed.	The Corporations Bureau will propose deleting references by name to the Governor, Secretary of the Commonwealth and Director of the Corporation Bureau on its sample filing forms promulgated by the Department pursuant to 15 Pa. C. S.§ 133 because changes in administration render such references obsolete. It should be noted that under Section 133 sample filing forms are not considered to be agency regulations for purposes of the Administrative Code, the Commonwealth Attorneys Act or the Regulatory Review Act but shall be subject to opportunity of public comment required under Section 201 of the Commonwealth Documents Law.	Michael Frick, [phone]
Bureau of Commissions, Elections and Legislation	Fall 1997, as final.	The Department proposes comprehensive revisions to regulations found at 4 Pa. Code to eliminate obsolete provisions and reflect recent statutory changes. The amendments will be proposed pursuant to the Pennsylvania Voter Registration Act (25 P. S. § 961.301), and the Pennsylvania Election Code (25 P. S. § 2601 et seq ).	Richard Filling, [phone]
State Athletic Commission	Spring 1997, as proposed.	The State Athletic Commission (SAC) proposes to amend 58 Pa. Code Chapter 21 to require professional boxers and kickboxers to submit, as part of their annual application for licensure, a report from a licensed medical laboratory that the applicant has tested negative for HIV.	Greg Sirb [phone]
	Fall 1997, as proposed.	The SAC also proposes to amend 58 Pa. Code Chapters 3 and 5 to: 1) clarify that the senior SAC official administering a professional boxing event has control of the space and seating adjacent to the ring, and 2) establish SAC credentials that would give a predetermined number of individuals admission to professional boxing events. These proposals will be part of omnibus revisions to 58 Pa. Code , Part I to bring the SAC's regulations into compliance with both the revisions to the Pennsylvania Athletic Code as well as changes in the SAC's procedures. The regulations will be promulgated pursuant to the Pennsylvania Athletic Code (5 Pa.C.S.A. § 101 et. seq).
Navigation Commission for the Delaware River and Its Navigable Tributaries	Fall 1997, as proposed.	The Navigation Commission will propose comprehensive revisions to 13 Pa. Code Chapters 201--209 to enhance navigational safety, eliminate obsolete regulations and reflect statutory changes pursuant to 55 P. S. § 31 and 71 P. S. § 670.2(4).	Brian Gottlieb, [phone]
State Board of Auctioneer Examiners Absolute Auctions-- 49 Pa. Code § 1.41.	No publication anticipated in next 6 months.	The proposal would identify those auctions in which the term ''absolute auction'' (an auction of sale to the highest bidder without any reserve limitation or conditions) may be used in auctioneer advertising and when conducting an auction. The regulation will protect the consumer at auctions by making false or deceptive advertising or auctioneering grounds for discipline. The Board has authority to regulate the conduct of licensed auctioneers under Section 32 of the Auctioneer and Auction Licensing Act, Act of December 22, 1983, P. L. 327, 63 P. S. § 734.32.	Linda Dinger [phone]
Approved Course of Study-- 49 Pa. Code § 1.11.	No publication anticipated in next 6 months.	The proposal would establish standards for school course practicum work in auctioneering. The regulation will permit the Board to verify the minimum level of education the Board believes necessary for licensure. Legal authority for the regulation is Section 32, 63 P. S. § 734.32.
Sponsorship of Apprentices--49 Pa. Code § 1.31.	No publication anticipated in next 6 months.	The proposal would require that sponsors provide minimum training of apprentices and document supervision of apprentices whom they employ. The regulation is needed to provide objective standards for sponsors to follow in training and supervising apprentices whom they employ and whose apprenticeship qualifies them for licensure. Legal authority for the regulation is Section 32, 63 P. S. § 734.32.
State Board of Barber Examiners 49 Pa. Code, Chapter 3.	Fall 1998, as proposed.	Revision of all regulations. Updating all regulations and deleting antiquated provisions. Statutory authority: 63 P. S. § 566.4(b).	Sara Sulpizio [phone]
State Board of Chiropractic Sexual Misconduct-- 49 Pa. Code § 5.54.	Fall 1997, 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 302(3) of the Chiropractic Practice Act, Act of December 16, 1986, P. L. 1646, as amended, 63 P. S. § 625.302(3).	Deb Smith [phone]
Peer Review-- 49 Pa. Code § 5.55.	No publication anticipated in next 6 months.	The proposal would regulate standards for review of chiropractic treatment. The proposal would assure that when chiropractic diagnosis and treatment are subject to utilization review by chiropractors, appropriate standards will be employed. The statutory authority for the regulation is Section 302(3) of the Act, 63 P. S. § 625.302(3).
Volunteer License-- 49 Pa. Code, Chapter 5.	Summer 1997, as proposed.	This regulation governs the volunteer license category. It establishes qualifications for placing a license on volunteer status; criteria under which a licensee who is retired and whose license became inactive prior to February 3, 1997, may obtain a volunteer license; procedures under which a volunteer license holder may return to active practice. This regulation is required by the Volunteer Health Services Act, Act 141 of 1996. Deb Smith [phone]
State Board of Cosmetology Disinfection, Equipment and Supplies-- 49 Pa. Code §§ 7.71, 7.71a, 7.71b, 7.105 and 7.114.	Fall 1997, as proposed.	These regulations reflect updated changes in industry standards for disinfecting and sterilizing necessary equipment required to be available and in use in cosmetology shops. Minimum safety and sanitation standards in cosmetology shops are authorized under Section 11 of the Act of May 3, 1933, P. L. 242, as amended, 63 P. S. § 517.	Sara Sulpizio [phone]
State Architects Licensure Board General Revisions-- 49 Pa. Code §§ 9.1-9.211.	January 1998, as final.	The amendments will delete unnecessary and outmoded provisions and revise language concerning requirements for licensure, professional conduct and board procedures. The regulations provide necessary guidance to applicants for licensure in Pennsylvania and will notify licensees of disciplinary process and procedures. Legal authority: Section 6(a) of the Architects Licensure Law, 63 P. S. § 34.6(a).	Linda Dinger [phone]

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Regulation Being Considered	Proposed Date	Need and Legal Basis for Action	Agency
	for Promulgation		Contact
State Board of Accountancy Continuing Education Program Sponsors-- 49 Pa. Code §§ 11.1, 11.4, 11.64, 11.65, 11.66, 11.70--11.73, 11.80.	December 1997, as proposed.	The regulations would require approved continuing education program sponsors to biennially renew their approval and would authorize the Board to conduct audits of approved programs. The regulations are necessary to ensure that continuing education programs meet licensure renewal needs. Statutory authority: Section 3(10) of The C.P.A. Law, 63 P. S. § 9.3(10).	Dorna Thorpe [phone]
Commissions and Referral Fees --49 Pa. Code § 11.24.	No publication anticipated in next 6 months.	The regulation would set forth the nature of the written disclosure that certified public accountants and public accountants must make in order to pay or receive commissions and referral fees in connection with the referral or recommendation of products and services. The regulation is necessary to comply with recent amendments to the C.P.A. Law. Statutory authority: 63 P. S. § 9.12(p).
State Board of Funeral Directors Examinations--49 Pa. Code §§ 13.71, 13.72.	November 1997, as final.	Intern training requirement for applicants will be revised to allow applicants to take the exam prior to completion of training. The regulation is needed to allow applicants for licensure the flexibility to qualify for and take the licensure exam and obtain training in a funeral establishment. Legal authority: Section 3(d) and (f) of the Funeral Director Law, Act of January 14, 1952, P. L. (1951) 1898, as amended, 63 P. S. § 279.3(d), (f).	Linda Dinger [phone]
Dispositionof Bodies-- 49 Pa. Code §§ 13.184, 13.212.	No publication anticipated within next 6 months.	These amendments will require the prompt disposition of bodies, expressly prohibit the retention of a body because of a fee dispute and delete the 24 hour waiting period for cremations. The amendments are needed to ensure that funeral directors' services meet the wishes of the family. Legal authority: Section 16(a) of the Law, 63 P. S. § 479.16(a).
State Board of Landscape Architects Continuing Education-- 49 Pa. Code § 15.71--15.83.	September 1997, as proposed.	The amendments establish procedures and standards for continuing education as a condition of biennial renewal. The Board is required to adopt regulations establishing requirements of continuing education as a condition for renewal of a license under Section 9.1 of the Landscape Architects' Registration Law, Act of January 24, 1966, P. L. (1965) 1527, added by the Act of December 7, 1994, P. L. 774, 63 P. S. § 909.1.	Dorna Thorpe [phone]
State Board of Medicine Sexual Misconduct-- 49 Pa. Code, Chapter 16.	Fall 1997, 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 8 of the Medical Practice Act, Act of December 20, 1985, P. L. 457, as amended, 63 P. S. § 422.8.	Cindy Warner [phone]
Complaint Process--49 Pa. Code § 16.62.	Fall 1997, as final.	Regulations which provide for recommendation by the Board prosecutor to the Board on the disposition of complaints were declared invalid in Lyness v. State Board of Medicine, 605 A.2d 1204 (1992). The Board has authority to repeal these regulations under Section 8 of the Medical Practice Act of 1985, 63 P. S. § 422.8.
Certified Registered Nurse Practitioners (CRNPs)-- 49 Pa. Code § 18.21.	No publication anticipated in next six months.	The Board intends to collaborate with the State Board of Nursing to jointly promulgate standards and criteria by which CRNPs could write prescriptions for medical therapeutic measures. Provide for prescriptive authority of the CRNP in the Commonwealth under Section 15 of the Medical Practice Act, 63 P. S. § 422.15.
Requirements for approval of training programs for Certified Registered Nurse Practitioners (CRNP)-- 49 Pa. Code § 18.41.	Winter 1997, as proposed.	This regulation would require that all CRNP programs applying for approval by the Board meet specific criteria prior to approval. The regulations will assist educational institutions in developing programs in advanced practice nursing which will qualify graduates for certification as CRNPs. The Board has authority to jointly promulgate with the Nurse Board under Section 15(b) of the Medical Practice Act, 63 P. S. § 422.15(b).
Administration of Anesthesia-- 49 Pa. Code § 16.98.	No publication anticipated in next six months.	This regulation would establish standards for the delegation of the administration of anesthesia. Publication as proposed occurred October 19, 1996. The Board has received a significant number of comments. The Board has determined further study is warranted before final rulemaking will occur. Statutory authority: Section 17(b) of the Medical Practice Act, 63 P. S. § 422.17(b).
Volunteer license-- 49 Pa. Code § 17.9.	Summer 1997, as proposed.	Regulations are intended to implement Act 141 of December 4, 1996, pertaining to licensing retired practitioners who wish to volunteer services to facilities providing health care to financially qualified persons or in underserved areas. Statutory authority: Act 141 of 1996.
State Board of Vehicle Manufacturers, Dealers and Salespersons   General Provisions, Licensure, Facility requirements-- 49 Pa. Code §§ 19.1-19.23.	December 1997, as proposed.	The Board intends to revise all its regulations to delete outdated provisions and take into account industry-wide changes in business practices. The amendments are needed to conform to changes in the 1996 amendments to the Board of Vehicles Act. The Board has authority to promulgate regulations under Section 4(9) of the Board of Vehicles Act, Act of December 22, 1983, as amended, 63 P. S. § 818.4(9).	Teresa Woodall [phone]
State Board of Nursing Requirements for approval of training programs for Certified Registered Nurse Practitioners (CRNP)- 49 Pa. Code § 21.271.	Winter 1997, as proposed.	This regulation would require that all CRNP programs applying for approval by the Board meet specific criteria prior to approval. The regulations authorized under Section 6.1 of the Professional Nursing Law, 63 P. S. § 216.1, will assist educational institutions in developing programs in advanced practice nursing which will qualify graduates for certification as CRNPs. The Board has authority to jointly promulgate with the Medical Board under Section 2(1) of the Law, 63 P. S. § 212(1).	Ann Steffanic [phone]
Responsibilities of the Registered Nurse and Licensed Practical Nurse 49 Pa. Code §§ 21.11, 21.12, 21.13, 21.14, 21.15, 21.16, 21.145.	Summer 1997, as proposed.	These regulations would confirm the registered nurse's authority to accept verbal orders and authorize licensed practical nurses to accept verbal orders for medical and therapeutic regimens, update, clarify and delete unnecessary language pertaining to the functions of registered nurses and authorize licensed practical nurses as well as registered nurses to administer drugs. The regulation of the practice of nursing and licensed practical nursing by the Board is authorized under Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k) and Section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6.
RN general revisions-- 49 Pa. Code §§ 21.1--21.126.	Fall 1997, as proposed.	These regulations will update or delete 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).
LPN general revisions-- 49 Pa. Code §§ 21.141--21.234.	Spring 1998, as proposed.	These regulations will update or delete 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.
CRNP prescriptive privileges-- 49 Pa. Code §§ 21.151--21.351.	Winer 1997, as proposed.	These regulations, to be promulgated by both the State Board of Medicine and the State Board of Nursing, would authorize CRNPs to prescribe medications in cooperation with a licensed physician. These regulations, authorized under Section 2 and 2.1 under the Professional Nursing Law, 63 P. S. §§ 212 and 212.1(k), and Section 15 of the Medical Practice Act of 1985, 63 P. S. § 422.15, will clarify and update current, ambiguous provisions regarding CRNPs' prescriptive authority.
Sexual Misconduct-- 49 Pa. Code §§ 21.18 and 21.148.	Fall 1997, 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 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).
Volunteer Licenses-- 49 Pa. Code §§ 21.141--21.234.	Summer 1997, as proposed.	This regulation governs the volunteer license category. It establishes qualifications for placing a license on volunteer status; criteria under which a licensee who is retired and whose license became inactive prior to February 3, 1997, may obtain a volunteer license; procedures under which a volunteer license holder may return to active practice. This regulation is required by the Volunteer Health Services Act, Act 141 of 1996.
State Board of Optometry Sexual Misconduct-- 49 Pa. Code, Chapter 23.	Fall 1997, 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(a)(14) of the Optometric Practice and Licensure Act, Act of June 6, 1980, P. L. 197, as amended, 63 P. S. § 244.3(a)(14).	Deb Smith [phone]
General Revisions-- 49 Pa. Code, Chapter 23.	No publication anticipated in next six months.	The Board proposes to revise regulations concerning fee sharing, corporate and fictitious name practice, specialty advertising and reciprocity. The Board intends to remove regulations which unduly burden optometrists in the business structure of practices and in procedures related to reciprocal licensure, as well as to clarify the parameters of specialty advertising. Statutory authority: Section 3(a)(14) of the Optometric Practice and Licensure Act, Act of June 6, 1980, P. L. 197, as amended, 63 P. S. § 244.3(a)(14).
Certification for the Prescription of Therapeutic Drugs-- 49 Pa. Code, Chapter 23.	September 1997, as proposed.	The Board will propose regulatory amendments to implement the therapeutic drug provisions added by Act 130 of 1996 effective October 30, 1996. The regulatory amendments would approve appropriate educational providers and examinations prerequisite to certification of optometrists in the prescription and administration of therapeutic drugs, and amend continuing education requirements. The amendments are authorized under Sections 3(a)(14) and 4.1 of the Optometric Practice and Licensure Act.
Volunteer License-- 49 Pa. Code, Chapter 23.	Summer 1997, as proposed.	This regulation governs the volunteer license category. It establishes qualifications for placing a license on volunteer status; criteria under which a licensee who is retired and whose license became inactive prior to February 3, 1997, may obtain a volunteer license; procedures under which a volunteer license holder may return to active practice. This regulation is required by the Volunteer Health Services Act, Act 141 of 1996.
State Board of Osteopathic Medicine Sexual Misconduct-- 49 Pa. Code, Chapter 25.	Fall 1997, 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 16 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16.	Gina Bittner [phone]
Volunteer Licenses-- 49 Pa. Code § 25.350.	Summer 1997, as proposed.	This regulation governs the volunteer license category. It establishes qualifications for placing a license on volunteer status; criteria under which a licensee who is retired and whose license became inactive prior to February 3, 1997, may obtain a volunteer license; procedures under which a volunteer license holder may return to active practice. This regulation is required by the Volunteer Health Services Act, Act 141 of 1996.
State Board of Pharmacy General Revisions-- 49 Pa. Code, Chapter 27.	No publication anticipated in next six months.	The Board proposes to delete outdated and redundant regulations and to clarify language in others. The proposal is needed to eliminate unnecessary provisions, reflect changes in state and federal law, and clarify practice parameters and standards. Sections 3(f), 4(j), 6(k)(1) and (9) of the Pharmacy Act, Act of September 27, 1961, P. L. 1700, as amended, 63 P. S. §§ 390-3(f), 390-4(j), 390-6(k)(1) and 390-6(k)(9), authorize the promulgation of these amendments.	W. Richard Marshman [phone]
Approval of Plans: Pharmacy Alterations-- 49 Pa. Code § 27.16.	November 1997, as final.	The amendments will reduce from 90 to 30 days the requirement for advance filing of plans for pharmacy alterations. Voluntary pharmacy square footage guidelines will also be eliminated. The amendments are designed to accommodate current business needs without compromising public health and safety. The amendments are authorized under Sections 4(j) and 6 (k)(9) of the Pharmacy Act, Act of September 27, 1961, P. L. 1700, as amended, 63 P. S. §§ 390-4(j) and 390-6(k)(9).
State Board of Podiatry Sexual Misconduct-- 49 Pa. Code, Chapter 29.	Fall 1997, 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 16(a)(3) of the Podiatry Practice Act, Act of March 2, 1956, P. L. (1955) 1206, 63 P. S. § 42.16(a)(3).	Gina Bittner [phone]
Volunteer License-- 49 Pa. Code, Chapter 29.	Summer 1997, as proposed	This regulation governs the volunteer license category. It establishes qualifications for placing a license on volunteer status; criteria under which a licensee who is retired and whose license became inactive prior to February 3, 1997, may obtain a volunteer license; procedures under which a volunteer license holder may return to active practice. This regulation is required by the Volunteer Health Services Act, Act 141 of 1996.
State Board of Veterinary Medicine Rules of Professional Conduct --49 Pa. Code § 31.21.	December 1997, as final.	Final rulemaking will modify standards imposed on licensees when terminating the veterinarian/client relationship. The Board is authorized to establish standards of professional conduct under Section 5(2) of the Act, 63 P. S. § 485.5(2).	Robert Kline [phone]
Advertising Emergency Services-- 49 Pa. Code § 31.21.	No publication anticipated in next 6 months.	The regulation will require all veterinarians who advertise emergency services or 24-hour veterinary care, to include in any advertisement information indicating the hours when emergency services are available, and whether a veterinarian will be on call or on the premises. Statutory authority: 63 P. S. § 485.5(2).
State Board of Dentistry Fees -- 49 Pa. Code § 33.3.	December 1997, as final.	The regulations will establish temporary permit and certification fees for expanded function dental assistants (EFDAs) and increase application fees for dentists and dental hygienists. The Dental Law requires the Board to issue temporary permits and certificates for EFDAs and collect a fee for those documents, 63 P. S. §§ 122(d.1) and 130h, and to collect the costs associated with the review of applications.	June Barner [phone]
Sexual Misconduct-- 49 Pa. Code, Chapter 33.	Fall 1997, as proposed.	Reports of sexual misconduct by health care practitioners are on the rise. This regulation will provide licensees with guidance in this area, as authorized under Section 3(o) of the Dental Law, Act of May 1, 1933, P. L. as amended, 63 P. S. § 122(o).
Advertising-- 49 Pa. Code § 33.203(b)(4).	No publication anticipated in next six months.	The regulation will add a provision to the advertising regulations regarding the advertising of dental referral services. Section 4.1(a)(10) of the Dental Law prohibits false, misleading or deceptive advertising. The Board believes that the failure to advise patients that a dentist pays a fee for participation in a dental referral service falls within that prohibition and should be included in Section 33.203(b) of the regulations. The regulation will also update this provision consistent with Act 113 of 1996.
Expanded Function Dental Assistants-- 49 Pa. Code, Chapter 33.	December 1997, as proposed.	The regulations will add EFDAs to the appropriate sections of the dental regulations including general provisions and minimum standards of conduct and practice. In December 1994, the Dental Law was amended to authorize the certification of expanded function dental assistants (EFDAs). Statutory authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).
Continuing Professional Education-- 49 Pa. Code, Chapter 33.	December 1997, as proposed.	This regulation will establish continuing education regulations for dentists, dental hygienists and expanded function dental assistants. The regulations are required under Act 113 of 1996, which amended Section 3(j) of the Dental Law, 63 P. S. § 122(j).
Lasers-- 49 Pa. Code, Chapter 33	December 1997, as proposed.	The regulation will codify the existing statement of policy and clarify educational requirements for the use of lasers in a dental office. Statutory authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).
Volunteer license-- 49 Pa. Code, Chapter 33.	Fall 1997, as proposed.	This regulation governs the volunteer license category. It establishes qualifications for placing a license on volunteer status; criteria under which a licensee who is retired and whose license became inactive prior to February 3, 1997, may obtain a volunteer license; procedures under which a volunteer license holder may return to active practice. This regulation is required by the Volunteer Health Services Act, Act 141 of 1996.
State Real Estate Commission General Revisions-- 49 Pa. Code, Chapter 35.	December 1997, as proposed.	The Commission plans a comprehensive amendment to Chapter 35 to bring its existing regulations up to date with today's current policies. Statutory authority: 63 P. S. § 455.404.	Melissa Wilson [phone]
State Board of Certified Real Estate Appraisers Definitions -- 49 Pa. Code § 36.1.	December 1997, as proposed.	The regulation would define the term ''evaluation'' to parallel the meaning of the term as it is used by institutions regulated by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of Thrift Supervision. Statutory authority: 63 P. S. § 457.5(2).	Shirley Klinger [phone]
Experience Optios for Certification 49 Pa. Code § 36.13.	December 1997, as proposed.	The regulation would expand the categories of qualifying experience for certification as an appraiser; require appraisers who supervise appraisal assistants to keep records of assistants' activities and provide verification of their experience to the Board; and mandate that all appraisal reports submitted as qualifying experience by applicants for certification conform to the Uniform Standards of Professional Appraisal Practice (USPAP). The regulation brings more fairness, efficiency and structure to the Board's evaluation of qualifying experience. The regulation complies with standards established for state appraiser boards by the Appraisal Foundation's Appraiser Qualifications Board (AQB), a federal regulatory body. Statutory authority: 63 P. S. § 457.5(2).
Inspection of Property 49 Pa. Code § 36.51	December 1997, as proposed	The regulation would clarify that a certified general appraiser, certified residential appraiser or certified broker/appraiser is required, when performing an appraisal, to conduct a complete interior and exterior inspection of the subject property unless an inspection is not physically possible. The regulation is necessary to ensure that every appraisal performed by a certificate-holder of the Board complies with appropriate professional standards. Statutory authority: 63 P. S. § 457.5 (2).

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Regulation Being Considered	Proposed Date	Need and Legal Basis for Action	Agency
	for Promulgation		Contact
Standards of Professional Conduct-- 49 Pa. Code § 36.281.	January 1998, as final.	The regulation would set forth the standards of professional conduct for Certified Pennsylvania Evaluators practicing in the Commonwealth. The regulation is necessitated by Section 7(a)(6) of the Assessors Certification Act, which empowers the Board to discipline certificate holders who violate any standards of professional conduct for real property assessment as adopted by the Board by regulation. Statutory authority: 63 P. S. §§ 458.3 and 458.7(a)(6).	Shirley Klinger [phone]
Broker/Appraiser Fees-- 49 Pa. Code § 36.6.	December 1997, as proposed.	The regulation would establish an application fee and initial certification fee for the newly created appraiser certification class of broker/appraiser. The fees will help to defray expenses of the Board associated with regulating broker/appraisers. Statutory authority: 63 P. S. §§ 457.5(6) and 457.9(c).
Continuing Education-- 49 Pa. Code §§ 36.41, 36.42, 36.261 and 35.262.	December 1997, as proposed.	The regulation would raise the biennial continuing education requirements for certified general and certified residential appraisers and Certified Pennsylvania Evaluators from 20 classroom hours to 28 classroom hours; establish a 28-classroom hour continuing education requirement for broker/ appraisers; and mandate that all certificate-holders complete a minimum number of classroom hours on the USPAP and the Board's statutory and regulatory requirements. The regulation is necessary to improve the effectiveness of the Board's continuing education program and to comply with the standards established by the AQB. Statutory authority: 63 P. S. § 457.5(2).
Pre-certification Education and Experience-- 49 Pa. Code §§ 36.11 and 36.12.	December 1997, as final.	The regulation would raise the experience requirement for certification as a residential appraiser from 2,000 hours to 2,500 hours; raise the education and experience requirements for certification as a general appraiser from 165 classroom hours to 180 classroom hours and from 2,000 hours to 3,000 hours, respectively; and clarify the components of qualifying educational courses. The regulation is necessary to comply with standards established by the AQB that take effect January 1, 1998. Statutory authority: 63 P. S. § 457.5(2).
State Board of Examiners of Nursing Home Administrators Experience and Education Requirements-- 49 Pa. Code § 39.5.	No publication anticipated in next 6 months.	The regulation will amend and clarify education and experience requirements for licensure. Section 6 of the Nursing Home Administrators Law, 63 P. S. § 1106, specifies the qualifications for admission to examination. The education and experience regulations at Section 39.5 have not been reviewed or clarified since 1991. The amendments will remove outdated and confusing provisions. Statutory authority: Section 4(c) of the Nursing Home Administrators Licensing Act, Act of June 22, 1970, P. L. 378, as amended, 63 P. S. § 1104(c).	Cheryl Lyne [phone]
Temporary Permits-- 49 Pa. Code § 39.17	No publication anticipated in next 6 months.	The regulation will amend and clarify the requirements for temporary permits. Section 14 of the Nursing Home Administrators Law, 63 P. S. § 1114, authorizes the Board to issue temporary permits. The revisions will update and clarify the existing statement of policy.
General Revisions-- 49 Pa. Code §§ 39.1--39.91.	No publication anticipated in next 6 months.	These regulations will update and delete outdated provisions of current regulations, including definitions, subject matter for examinations, approval of programs of study, and licensure renewal. The Board's regulations have not been reviewed or updated since 1992. These revisions are authorized under Sections 4 and 9 of the Law, 63 P. S. §§ 1104 and 1109.
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.	July 1998, 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 49.	May 1998, 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 Psychology Private practice by certified school psychologists-- 49 Pa. Code § 41.56.	No publication anticipated in next 6 months.	This regulation governs the conditions under which school psychologists may engage in private practice. The Board plans to define the term ''employed'' within the context of Chapter 41. Statutory authority: 63 P. S. § 1203.2(2).	Cheryl Lyne [phone]
Definitions-- 49 Pa. Code § 41.1.	No publication anticipated in next 6 months.	The regulations would update terms to reflect current accreditation entities. The term ''Accredited college or university'' should be amended to reflect the new name for the ''Council on Postsecondary Accreditation (COPA)'', which is the ''Commission on Recognition of Postsecondary Accreditation (CORPA).'' Statutory authority: 63 P. S. § 1203.2(2).
Postdoctoral Experience-- 49 Pa. Code § 41.31(c)(1)(ii)(E).	No publication anticipated in next 6 months.	The regulation establishes necessary experience for licensure. The Board plans to clarify its intent that an individual working two jobs need only meet with his/her respective supervisors one hour per week to satisfy the two hours/week requirement of this paragraph. Statutory authority: 63 P. S. § 1203.2(2).
Licensure of master's degree candidates-- 49 Pa. Code § 41.54	December 1997, as final.	This regulation pertains to licenses issued prior to January 1, 1996. The Board plans to repeal this section, because the Board no longer issues licenses to Master's degree candidates. Statutory authority: 63 P. S. § 1203.2(2).
Professional records-- 49 Pa. Code § 41.57.	No publication anticipated in next 6 months.	This regulation establishes minimum requirements for records which psychologists must maintain. The Board plans to add language to its existing regulation to address a psychologist's responsibility to release information to clients and to authorize psychologists to charge a fee for reasonable costs of copying. Statutory authority: 63 P. S. § 1203.2(2).
Standards for the employment and supervision of unlicensed persons with graduate training in psychology-- 49 Pa. Code § 41.58(9).	No publication anticipated in next 6 months.	The regulations establish minimum levels of supervision of unlicensed persons who provide psychological services under the direction of a licensed psychologist. Statutory authority: 63 P. S. § 1203.2(2).
Continuing education-- 49 Pa. Code § 41.59.	December 1997, as final.	These regulations establish criteria and requirements of minimum continuing education hours for biennial license renewal. The Board proposes amendments to its continuing education regulations to give psychologists more flexibility in their choice of continuing education programs and to expand the opportunities for meeting the requisite contact hours for continuing education credit. Statutory authority: 63 P. S. § 1203.2(2).
Definitions/''Sexual Intimacies'' -- 49 Pa. Code § 41.61.	December 1997, as proposed.	The regulation will establish specific prohibitions against sexual intimacies with current client/patients and other individuals encountered by a psychologist in the course of professional practice. The regulation will also establish related standards and procedural matters and bar psychologists who have been disciplined for engaging in prohibited sexual intimacies form participation in the impaired professional program. Statutory authority: 63 P. S. § 1203.2(2).
Commissioner of Professional and Occupational Affairs Schedule of Civil Penalties Act 48-- 49 Pa. Code §§ 43.1--43.11.	Summer 1997, as proposed. Fall 1997, as final.	To adopt a schedule of civil penalties, guidelines for their imposition and procedures for appeal for persons operating without a current, registered, unsuspended and unrevoked license, registration, certificate or permit. Commissioner is required under Act 48 of 1993, 63 P. S. § 2205, to promulgate regulations setting forth a schedule of penalties, guides and procedures. Schedule adopted applies to the conduct or operation of a business or facility licensed by a licensing board of the Bureau.	James A. Holzman [phone]
State Board of Social Work Examiners Unprofessional Conduct and Sexual Misconduct -- 49 Pa. Code, Chapter 47.	Fall 1997, 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 establishing standards of professional practice and conduct under Section 6(2) of the Social Workers' Practice Act, Act of July 9, 1987, P. L. 220, 63 P. S. § 1906(2).	Clara Flinchum [phone]
Continuing Education 49 Pa. Code § 47.32	April 1998, as proposed.	The regulation would limit home-study or self-study continuing education programs to no more than 10 of the 30 hours required for biennial renewal of a license. The regulation is necessary to improve the effectiveness of the Board's continuing education is in programs that provide for interaction among presenters and attendees. Statutory authority: 63 P. S. § 1918 (a)
STATE EMPLOYEES RETIREMENT SYSTEM
No regulations being developed or considered at this date.
STATE POLICE
Firearm Regulations Standards for licensed retail dealers Chapter 31	October 1997, as proposed.	The provisions of this chapter set forth regulations for the storage of firearms, rifles, and shotguns by licensed retail dealers in the event a clear and present danger to public safety is found to exist by the Commissioner of the State Police within this Commonwealth during the hours when licensed retail dealers are closed for business. The provisions of this chapter will apply to all licensed retail dealers and their designated employees.	Corporal Albert Picca 717-783-5598
Procedures & Specifications for firearm record forms Chapter 33	October 1997, as proposed.	The State Police will promulgate rules and regulations, and in the manner provided by law, the responsibility to administer and enforce these rules and regulations, and the provisions of the Uniform Firearms Act in order to ensure the identity, confidentiality, and security of all records and data pursuant thereto.
Procedures for the receipt and processing of DNA samples for the state DNA database. Chapter 58	September 1997, as final.	This chapter sets forth policy and procedures for the collection, submission, preservation, analysis, and dissemination of information or records relating to DNA samples from individuals convicted of a felony sex or other specified offenses.	Trooper Mark Van Buskirk 717-783-5598
Megan's Law: Procedures for neighbor notification. Chapter 55	July 1997, as final.	This chapter defines what a neighbor will be for the purposes of community notification when sexually violent predators are released from incarceration or move. It is a priority of the Pennsylvania State Police to define neighbor in such a way as to make it easily applied to both urban and rural communities. The ability of this regulation to succeed is strengthened by the legislative intent of the Act which states that certain information regarding sexually violent predators is public information and is to be disseminated.	Trooper Mark Van Buskirk 717-783-5598
TRANSPORTATION
Emission Inspection Program Chapter 177	September 1997, as final.	Amendments needed to implement enhanced decentralized emission inspection program.	Peter Gertz [phone]
Enhanced Emission Inspection Chapter 178	September 1997, as final.	Repeal needed. Will be replaced by Chapter 177.	Peter Gertz [phone]
Temporary Registration Cards and Plates Chapter 43	September 1997, as final.	Proposed amendments based on concerns identified by Dealer Industry/Department efforts. Revises sanctioning requirements for Dealers, making sanctions more equitable.	Linley Oberman [phone]
Manufacturer, Dealers and Miscellaneous Motor Vehicle Businesses Registration Plates Chapter 53	April 1998, as final.	Amendments are needed based on revisions to related sections of the Vehicle Code and Industry/Department concerns.	Linley Oberman [phone]
School Buses and School Vehicles Chapter 171	December 1997, as proposed.	Amendments are needed to clarify previous revisions and to address concerns raised by the School Bus Vehicle Industry and related Associations.	Pam Thomas [phone]
Vehicle Equipment and Inspection Chapter 175	October 1997, as final.	Amendments are required due to changes in PA Vehicle Code and Federal equipment regulations.	John Munafo [phone]
Physical and Mental Criteria, Including Vision Standards Relating to the Licensing of Drivers Chapter 83	December 1997, as proposed.	As a result of a Pa Supreme Court decision (Clayton v.s. Department of Transportation), additional waivers to seizure disorder provisions must be adopted.	Anne Titler [phone]
Liquid Fuels Tax Chapter 449	September 1997, as proposed.	This chapter was originally targeted for revision, after further review it has been determined to repeal the chapter for the following reasons: Alternative measures exist (Municipal Codes); Language is unclear or too technical (changing to a brochure based information package).	Mitzi Westover [phone]
School Bus Drivers Chapter 71	December 1997, as proposed.	Creates waivers for school bus drivers, with medical conditions, which pose no significant danger to driving.	Pam Thomas [phone]
Mechanical, Electrical and Electronic Speed-Timing Devices Chapter 105	December 1997, as proposed.	Amendments reflect updates (periodically required) to ensure speed timing devices used by law enforcement officials conform to State and Federal requirements.	John Munafo [phone]
Work Zone Traffic Control Devices Chapter 203	September 1997, as proposed deletion.	Repeal this chapter since it typically is more stringent than federal standards included in the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Some current provisions not included in the MUTCD would be incorporated into Chapter 211.	Art Breneman [phone]
Official Traffic Control Devices Chapter 211	September 1997, as proposed.	Repeal the current chapter since it duplicates federal standards included in the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Adopt the MUTCD by reference, and provide some additional criteria unique to the Commonwealth.	Art Breneman [phone]
Hold-Down and Tie-Down Devices for Junked Vehicles and Vehicle Hulks Chapter 181	December 1997, as proposed.	Repeal-incorporate provisions in Chapter 231	Daniel Smyser [phone]
Engineering and Traffic Studies Chapter 201	September 1997, as proposed deletion.	Repeal this chapter since it duplicates many federal standards included in the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD). Some current provisions not included in the MUTCD would be incorporated into Chapter 211	Art Breneman [phone]
Intrastate Motor Carrier Safety Requirements Chapter 231	September 1997, as proposed.	Incorporate new Federal provisions, and provisions from Chapter 181.	Daniel Smyser [phone]
Hazardous Materials Transportation Chapter 403	August 1997, as proposed.	Incorporate new Federal provisions and eliminate registration requirement.	Daniel Smyser [phone]
Driver's License Exam Chapter 75	December 1997, as proposed.	Regulation to be rescinded and replaced with published testing procedures. Needed to provide consistency with Commercial Driver Testing provisions.	Joy Gross [phone]

[Pa.B. Doc. No. 97-1100. Filed for public inspection July 3, 1997, 9:00 a.m.]