1186 Regulatory agenda

GOVERNOR'S OFFICE

Regulatory Agenda

[32 Pa.B. 3276]

   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 thirteenth publication of the Administration's regulatory agenda, grouped by agency. Subsequent agendas will be published on the first Saturdays in February and July.

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

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

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

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
ADMINISTRATION
No regulations being developed or considered at this date.
AGING
PA Code Title VI Chapter 11 Older Adult Daily Living Centers	April 2003, as proposed.	This regulation is being reviewed for consolidation with regulations from DPW and DOH with the intent to publish as part of regulations to be proposed as Adolescent and Adult Part-Day Licensing Regulations. Review is also occurring as a result of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S. §§ 10225.101--10225.5102) and of Executive Order 1996-1.	Robert Hussar 717-783-6207
PA Code Title VI Chapter 15 Protective Services For Older Adults	Published final rulemaking May 2002,	This regulation was reviewed as a result of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S. §§ 10225.101--10225.5102) and of Executive Order 1996-1. Amendments were published as proposed rulemaking in the Pennsylvania Bulletin on November 27, 1999. On December 27, 2001, the Final Rulemaking package was submitted to IRRC and the legislative oversight committees. IRRC approved the final-form regulations at its public meeting on January 24, 2002. Published final rulemaking on May 18, 2002.	Robert Hussar 717-783-6207
PA Code Title VI Chapter 21 Domiciliary Care Services for Adults	June 2003, as proposed.	A review of these regulations will be coordinated with the Adult Residential Facilities initiative being led by the Office of Licensing and Regulatory Management, Department of Public Welfare.	Robert Hussar 717-783-6207
PA Code Title VI Chapter 3 Fair Hearings and Appeals	March 2003, as proposed.	This regulation has been initially reviewed by stakeholders in response to passage of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S. §§ 10225.101--10225.5102) and of Executive Order 1996-1.	Robert Hussar 717-783-6207
AGRICULTURE
Agricultural Conservation Easement Purchase Program/Agricultural Security Areas	August 2002, as final.	Act 138 of 1998 and Act 14 of 2001 amended the Agricultural Area Security Law. The regulations at 7 Pa. Code Chapter 138e must be revised to implement these statutory changes. This regulation would also replace the outdated regulations at 7 Pa. Code Chapter 138, relating to agricultural security areas.	Russell C. Redding [phone]
The Food Code	September 2002, as final.	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) and the Public Eating and Drinking Places Law (35 P. S. §§ 655.1--655.13) form the statutory basis for this regulation.	Sheri Dove [phone]
Maple Products	December 2002, as proposed.	This regulation is required by the Maple Products Act (3 Pa.C.S. §§ 6101--6112). This regulation would establish standards, product quality practices and facility requirements relating to the production of maple syrup and maple products.	Lenchen Radle [phone]
Amusement Rides	August 2002, as proposed.	This regulation will update the current regulation at 7 Pa. Code Chapter 139 to reflect changes to the Amusement Ride Inspection Act (4 P. S. §§ 401--418).	Charles Bruckner [phone]
Harness Racing Commission	September 2002, as proposed.	This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in harness racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 181, 183, 185 and 186--190, including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health and medication, wagering, due process and disciplinary action.	Anton J. Leppler [phone]
Land application of soil and groundwater contaminated with agricultural chemicals	October 2002, as final.	This regulation is required under the Land Recycling and Environmental Remediation Standards Act, at 35 P. S. § 6026.101 et seq. This regulation would allow soil and groundwater contaminated with agricultural chemicals to be treated and re-applied upon agricultural lands. Numerous comments have been received with respect to drafts of this regulation, and will be addressed as the regulation proceeds.	Phillip M. Pitzer [phone]
Fruit Tree Improvement Program	November 2004, 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 2004, 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	September 2002, 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 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]
Dog Law--Lifetime Licenses	August 2002, as final.	House Bill 397 of 1996 accomplished revisions of the Dog Law that will necessitate regulatory revisions. We are amending 7 Pa. Code §§ 21.51--21.57 to allow the Department to implement the use of microchipping for lifetime dog licenses.	Richard Hess [phone]
Domestic Animals	September 2002, as proposed.	This long-term project is intended to update the Department's regulatory authority to make it more consistent with the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301--2389).	John Enck, DVM [phone]
Aquaculture Development	September 2002, as final.	The Aquacultural Development Law requires the Department to develop an ''Aquaculture Development Plan'' through regulation.	Leo Dunn [phone]
Pasteurized Milk ''Sell by'' Date	August 2002, as proposed.	This will extend the maximum ''sell-by'' date for pasteurized milk by three days, from its current 14 days from the date of pasteurization to 17 days from date of pasteurization.	James Dell [phone]
BANKING
Amendments to Banking regulations in 10 Pa. Code Part II to comply with amendments to the Banking Code made by Act 89 of 2000	December 2002	Act 89 of 2000 substantially amended the Banking Code. Accordingly, some banking regulations need to be amended in order to conform to the statutory amendments.	Reginald S. Evans [phone]
BUDGET
No regulations being developed or considered at this date.
COMMUNITY & ECONOMIC DEVELOPMENT
Industrialized Housing and Components 12 Pa. Code Chapter 145 (proposed regulation)	Fall 2002	The regulation will further clarify and strengthen the Department's and third party's role in monitoring the installation of industrialized housing; adopt the ICC International Building Code; update definitions to bring them into conformance with current terminology and with proposed changes to the placement of insignia of certification; place the determination regarding the frequency of inspection reports on the inspection agency; require manufacturers to ensure that instructions for installation are given to those installing industrialized housing; and increase the fees charged by the Department to offset increases in the cost of administering and enforcing the industrialized housing program.	Jill B. Busch [phone]
Certified Provider (proposed new regulation)	Fall 2002	In accordance with the Job Enhancement Act of 1996, the regulation will establish professional and organizational standards that must be met in order for providers to continue packaging loans on behalf of the Department.	Jill B. Busch [phone]
COMMISSION ON CRIME AND DELINQUENCY
Bureau of Victims' Services, Victims Compensation Division (formerly Crime Victim's Compensation Board)--Deletion of 37 Pa. Code Chapter 191, replacement with new Chapter 211	August 2002, as proposed	To create a new chapter reflecting elimination of Crime Victim's Compensation Board and inclusion of its functions under PCCD pursuant to Act 1995-27 of the Special Session on Crime; changes in terminology and operations brought about by that act and by section 4 of Act 1997-57; and citation changes resulting from Act 1998-111 and its relocation of the Crime Victims Act from Title 71 of Purdon's Statutes Title 18. The act at 18 P. S. § 11.312(3) gives the Bureau of Victims' Services the authority, subject to the approval of PCCD, to promulgate regulations to carry out the purposes of the act as it relates to compensation.	Lynn Shiner [phone] ext. 3210
Constables' Education and Training Board--New Chapter 431 to Title 37 Pa. Code	September 2002, as final	To implement the authority of Act 1994-44, 42 Pa.C.S.A. §§ 2944--2948, as to program content and administration of basic training and continuing education, standards for qualification to carry firearms in the performance of constable duties, and qualification for schools and instructors.	John Pfau [phone] ext. 3083
Deputy Sheriffs' Education and Training Board--Amendments to 37 Pa. Code Chapter 421	October 2002, as final	To amend existing regulation to further increase hours of basic training that were increased by Statement of Policy in 2000. Proposed pursuant to the Deputy Sheriffs' Education and Training Act, 71 P. S. §§ 2105--2106, this rulemaking would add 200 hours of new topics, including vehicle code enforcement, to the basic training curriculum.	Don Numer [phone] ext. 3041
Commission on Crime and Delinquency--Amendments to 37 Pa. Code Chapter 401 (General Provisions), Chapter 405 (Grant Management) and Chapter 407 (Administrative Proceedings)	December 2002, as final omitted	To update existing regulations to reflect current operations and eliminate language that is obsolete due to operational or statutory change.	Gerard Mackarevich [phone] ext 3034
CONSERVATION & NATURAL RESOURCES
Conservation of Native Wild Plants (Chapter 45)	Publish proposed rulemaking January 2004.	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.	Chris Firestone, Mike Lester and Dan Devlin 717-783-3227
State Parks Rules and Regulations (Chapter 11)	Publish proposed rulemaking March 2002. Final rulemaking January 2003.	This revision to state parks rules and regulations will take place after extensive public outreach. Updates are necessary to reflect changes for more efficient operations, increase opportunities for public recreation, and an effort to improve visitor services and to promote good stewardship of public parks. Eight state-wide regional public meetings were held in the summer of 2000 to begin to gather input on possible regulatory changes. Parks also conducted roundtable discussions. Legal basis for these regulations is Act 18 of 1995.	Gary Smith 717-783-3303
State Forest Picnic Area Rules and Regulations (Chapter 23)	Publish proposed rulemaking June 2002. Final rulemaking May 2003.	General State Forest rules and regulations were updated in 1998. Chapter 23 pertaining to State Forest Picnic Areas needs to be updated and revised to conform with Title 17 general regulation changes.	Bill Slippey 717-783-7941
Snow & All Terrain Vehicle Registration and Operations (Chapter 51)	Publish proposed rulemaking September 2002. Final rulemaking August 2003.	This chapter needs to be updated to implement recent amendments to Chapter 77 of the Vehicle Code and to reflect the Department's current registration and titling procedures.	Bill Slippey 717-783-7941 Bureau of Forestry (Recreation) Lynn Loudenslager 717-783-3751 Bureau of Admin Services (Registration & Titling)
CORRECTIONS
Revisions to regulations governing the Department, 37 Pa. Code Chapters 91, 93 and 94.	Fall, 2002, as proposed	The regulations will be revised to eliminate unnecessary regulations and 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 Secretary of Corrections the authority to prescribe regulations for the Department that are not inconsistent with law.	John S. Shaffer, Ph.D. [phone]
Revisions to the regulations governing county correctional facilities, 37 Pa. Code Chapter 95.	Fall, 2002, as proposed	The regulations will be revised to eliminate unnecessary regulations and modernize necessary regulations. The legal basis for the action is found at Section 506 of the Administrative Code of 1929, 71 P. S. § 186, which grants the Secretary of Corrections the authority to prescribe regulations for county correctional institutions that are not inconsistent with law.	William M. Reznor [phone]
EDUCATION
22 Pa. Code Chapter 155--Board of State College and University Directors--Personnel   Chapter 161--School Administrators Handbook   Chapter 181--Mentally Retarded Exceptional Children     Chapter 251-- Postsecondary Education Planning Commission--Rules & Regulations       Chapter 329-- Computation of Subsidy	The State Board did not take action and therefore the regulations will be resubmitted to be published in January 2003, as final omitted.	Chapter 155--This chapter was issued under Section 2 of the Act of February 1970 (P. L. 24, No. 13) (24 P. S. § 20--2002) (Repealed). It was adopted June 12, 1975, 5 Pa. B. 1548.   Chapter 161--Statutory authority for this chapter is 71 P. S. § 352.   Chapter 181--Taken from the PA Bulletin (Vol. 3, No. 39-9/15/73, p. 2069), the authority was contained in the Act of January 14, 1970, P. L. (1969) 468 (24 P. S. § 13--1372).   Chapter 251--The Postsecondary Education Planning Commission, formerly known as the 1202 Commission and also known as the 1203 Commission, was authorized by 20 U.S.C., Section 1143 and established by the Governor upon recommendation of the State Board of Education through its resolution of March 15, 1974.   Chapter 329--This chapter provided procedures for calculating the instruction subsidy described in Sections 2502, 2502.5 and 2502.6 of the School Code.	Ernest Helling [phone]
Pupil Personnel Services, Attendance and Students 22 Pa. Code, Chapters 7, 11, 12	July 2002, as proposed.	These regulations define the elements of student services programs, delineate the rights and responsibilities of students and establish provisions regarding school attendance. Specific revisions are necessary to make the regulations consistent with current statute and court decisions as well as current practices in student services. These regulations are promulgated under the authority of the Public School Code of 1949 (P. L. 30, No. 14), Article XXVI-B, §§ 26-2601-B--26-2606-B.	Jim Buckheit [phone]
Higher Education General Provisions, Foreign Corporation Standards, Institutional Approval, Program Approval 22 Pa. Code, Chapters 31, 36, 40, 42	December 2002, as proposed.	These regulations are necessary to establish procedures for the approval and operation of institutions of higher education in the Commonwealth. Specific revisions are necessary to clarify the intent of the chapters, modify the time frame during which new institutions must achieve accreditation, update provisions for library and learning resources, and amend regulations to accommodate for-profit baccalaureate and higher education. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No.14), Article XXVI-B, §§ 26-2601-B--26-2606-B.	Jim Buckheit [phone]
Certification of Professional Personnel 22 Pa. Code, Chapter 49	December 2002, as final omitted.	Revisions to these regulations are necessary to incorporate provisions of Act 48 of 1999 which requires continuing professional development for all certificated educators. Since these revisions will be technical to incorporate a statutory change, they will be promulgated as final rulemaking with the public comment phase omitted.	Jim Buckheit [phone]
Charter School Services, General Provisions	November 2002, as proposed.	Working on statutory changes for charter schools, including cyber schools. Regulations are promulgated under the authority of the Charter School Law, 24 P. S. § 17-1701-A et seq. 1949, March 10, P. L. 30, No. 14, Article XVII-A, § 1701-A, added 1997, June 19, P. L. 225, No. 22, § 1.	Kerri McCarthy [phone]
Academic Standards (Civics and Government, Economics, Geography and History; Arts and Humanities; Family and Consumer Science; Health, Safety and Physical Education) 22 Pa. Code, Chapter 4	July 2002, as proposed.	Chapter 4 sets forth requirements for instruction, graduation, strategic planning, and assessment based on academic standards. These additional sets of standards will revise Chapter 4 by their inclusion. These regulations are promulgated under the authority of the Public School Code of 1949 (P. L. 30, No. 14), Article XXVI-B, §§ 26-2601-B--26-2606-B.	Jim Buckheit [phone]
General Vocational Education Standards 22 Pa. Code, Chapter 339	September 2002, as proposed.	Educational institutions offering vocational programming have evolved substantially since their inception. Many of the standards defining and governing those institutions were conceived over 30 years ago. A revision of Chapter 339 is necessary to assist schools in developing, funding and maintaining programs that will provide the Commonwealth with a competent workforce. Discussions with the State Board of Vocational Education, as well as practitioners in that field, will be initiated to revise these standards. These regulations are promulgated under the authority of the Pennsylvania School Code, Article 18 on Vocational Education and section 2502.8 on Vocational Education Funding. These standards are also provided for under Chapter 4 of Title 22 of the Pennsylvania Code, section 4.32(a).	John C. Foster [phone]
22 Pa. Code, Chapter 233 Professional Standards and Practices Commission By-Laws	June 2002, as proposed.	Revisions to the Commission's by-laws were published as final in the Pa Bulletin on May 4, 2002.	Carolyn Angelo [phone]
22 Pa. Code, Chapter 237 Professional Standards and Practices Commission Definitions	May 2002, as final.	These are proposed revisions to the definitions of terms used in the Professional Educator Discipline Act.
22 Pa. Code, Chapter 21 School Facilities	July 2002, as proposed.	Proposed revisions to State Board of Education regulations on school facilities.	Jim Buckheit [phone]
Standards for Approved Private Schools 22 PA Code Chapter 171 Subchapters A & B	The Secretary intends to submit revised standards in the Regulatory Review Process in 2002 since the current standards are outdated. The revised standards will reflect the changes in Chapter 14 and IDEA.	These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). These standards contain general provisions and allowable expenses and costs. The standards are promulgated under the Authority of the Public School Code of 1949, as amended, PL 30, NO 14, March 16, 1949, P. S. Section 1-101, et. seq.	Richard Brown [phone]
Regulations of the State Board of Private Academic Schools 22 Pa. Code Chapters 51, 53, 55, 57, 61 and 63	The Board intends to adopt amendments as proposed in June 2002.	These regulations define the requirements for obtaining licensure as a Private Academic School. The Board plans to update the regulations which were promulgated in 1988. The regulations are promulgated under the Authority of the Private Academic Schools Act (24 P. S. section 6701 et. seq.)	Eugene Heyman [phone]
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.
ENVIRONMENTAL HEARING BOARD
PA Code Title 25 Chapter 1021 Practice and Procedure	June/July 2002, as final	Proposed rulemaking number 106-6 relates to the following: 1) electronic filing and service of legal documents; 2) withdrawal of appearance by counsel; 3) number of copies of documents to be filed with the Board; 4) attachment of proposed orders to motions and responses; 5) discovery; 6) reconsideration; and 7) composition of the certified record on appeal to the Commonwealth Court. In addition, the Board is proposing a reorganization of its rules of practice and procedure in order to make the rules more user-friendly for practitioners before the Board. Final rulemaking is expected to be published in the Pennsylvania Bulletin in June or July 2002.	Mary Anne Wesdock [phone]
PA Code Title 25 Chapter 1021 Practice and Procedure	October 2002	Proposed rulemaking number 106-7 relates to the following: 1) signing of documents; 2) dispositive motions; 3) applications for award of attorney's fees and costs; 4) special actions; 5) withdrawal of appeals; and 6) composition of the certified record on appeal to the Commonwealth Court. No. 106-7 was published as proposed rulemaking in the Pennsylvania Bulletin in April 2002.	Mary Anne Wesdock [phone]

 

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
ENVIRONMENTAL PROTECTION
Stream Redesignations-- Oysterville Creek, et al. Clean Streams Law	February 2003 as final	This stream redesignation package includes six streams or segments that were evaluated for redesignation as HQ or Exceptional Value (EV) Waters. Oysterville Creek and a portion of the West Branch Perkiomen Creek (Berks Co.) were petitioned by the Berks County Conservancy and District Township. Two private citizens submitted a rulemaking petition for Trout Run (York Co.). Another private citizen petitioned for the redesignation of an unnamed tributary to Chester Creek (Delaware Co.). Rambo Run (York Co.) was evaluated in response to a request from the PFBC. The lower reaches of Cove Creek (Bedford Co.), previously petitioned by Friends of Cove Creek, was restudied based on DEP's recent change to the Percent Dominant Taxon biological metric used in HQ/EV evaluations. A 45-day public comment period on the proposal closed on June 18, 2002. However, a public meeting/hearing has been scheduled for August 7 in Topton on the proposed redesignations for Oysterville and West Branch Perkiomen Creeks. Therefore, the public comment period for these two streams has been extended to August 21, 2002.	Bonita Moore 717-787-9637
Stream Redesignations-- Brushy Meadow Creek, et al. Clean Streams Law	February 2003 as proposed	This stream redesignation package includes 13 streams or segments that were evaluated for redesignation as Cold Water Fishes (CWF), HQ or EV Waters. Brushy Meadow Creek in Northampton County was evaluated due to a request from DEP's Northeast Regional Office and the PFBC. Crum Creek in Chester and Delaware Counties, Frya Run in Northampton County, and Green Lick Run in Fayette County were evaluated as a result of petitions. Hay Creek in Berks County was evaluated due to public concern following a 1999 final rulemaking that resulted in an EV designation in portions of Hay Creek. The Little Juniata River in Blair and Huntingdon Counties and Spring Creek in Dauphin County were evaluated due to a request from DEP's Southcentral Regional Office. Pine Creek in Crawford and Warren Counties and Dunbar Creek in Fayette County were evaluated due to requests from the PFBC. In addition, four streams not currently listed in Chapter 93 were evaluated to determine proper use designations. A 45-day public comment period will be recommended.	Bonita Moore 717-787-9637
Stream Redesignations-- Class A Wild Trout Streams Clean Streams Law	July 2002 as final	Nearly 70 streams were evaluated in response to a request from the Pennsylvania Fish and Boat Commission (PFBC) under Section 93.4b of DEP's antidegradation regulations, which includes in subsection (a)(2)(ii) that a surface water designated as a Class A wild trout stream by the PFBC following public notice and comment qualifies for High Quality (HQ) designation. DEP independently reviewed the trout biomass data in the PFBC reports for these streams to ensure that the Class A criteria were met. A 45-day public comment period on the proposed rulemaking closed January 22, 2002.	Bob Frey 717-787-9637
Chapter 93--Great Lakes Initiative (GLI) Federal Clean Water Act	September 2002 as final	The amendment to Section 93.8a(j) (relating to requirements for the Great Lakes System) consists of the elimination of the words ''except Subpart C'' in the current GLI to provide consistency with the federal guidance promulgated by USEPA on November 15, 2000, for the Great Lakes System. The proposed rulemaking will provide greater protection for the Great Lakes System by eliminating the use of mixing areas for discharges of toxic and persistent chemicals knows as bioaccumulative chemicals of concern (BCCs). Examples of BCCs are mercury, PCBs and dioxin. The proposed rulemaking was published on January 26, 2002, with a 45-day public comment period that closed on March 12, 2002. The Water Resources Advisory Committee (WRAC) reviewed the draft final rulemaking on May 8, 2002.	Carol Young 717-787-9637
Chapter 96--Water Quality Standards Implementation Clean Streams Law	September 2002 as final	Chapter 96 is being amended to make the application of the sulfate and chloride criteria consistent with that already provided for total dissolved solids, nitrate, phenol and fluoride under Section 96.3(d). The proposed rulemaking was published on January 26, 2002, with a 45-day public comment period that closed on March 12, 2002. A public hearing was held February 26 in Harrisburg. WRAC reviewed the draft final rulemaking on May 8, 2002.	Carol Young 717-787-9637
Radionuclides Rule Safe Drinking Water Act	November 2002 as proposed	This proposal will amend Chapter 109 to incorporate the provisions of the recently-published federal Radionuclides Rule, which establishes a new Maximum Contaminant Level (MCL) for uranium and retains the current existing MCLs for gross alpha, combined radium-226/228 and beta and photon activity and establishes new monitoring requirements. The Radionuclides Rule applies to community water systems and does not include radon. WRAC and the Small Water Systems Technical Assistance Center Board (TAC) will review drafts of the proposed amendments. A 30-day public comment period will be recommended.	John Wroblewski 717-772-4018
Arsenic Rule Safe Drinking Water Act	November 2002 as proposed	This proposal will lower the MCL for arsenic from 0.05 mg/L to 0.01 mg/L at public water systems in order to eliminate or minimize the harmful health effects that are caused by arsenic. The proposed Arsenic Rule will affect all community water systems (approximately 2,190) and nontransient noncommunity water systems (approximately 1,280) in Pennsylvania. WRAC and TAC will review drafts of the proposed amendments. A 30-day public comment period will be recommended.	John Wroblewski 717-772-4018
Filter Backwash Recycling Rule Safe Drinking Water Act	November 2002 as proposed	This proposal will amend Chapter 109 to incorporate the provisions of the recently-promulgated federal Filter Backwash Recycling Rule, which governs the recycling of the filter backwash water within the treatment process of public water systems (PWSs). The Rule will apply to all PWSs that use a surface water source or groundwater under the direct influence of surface water, utilize direct or conventional filtration and recycle spent filter backwash water, sludge thickener supernatant or liquids from dewatering processes. WRAC and TAC will review drafts of the proposed amendments. A 30-day public comment period will be recommended.	John Wroblewski 717-772-4018
Microbial and Disinfection Byproducts (M/DBP) Corrective Amendments Safe Drinking Water Act	November 2002 as proposed	This proposal will amend various provisions of the recently promulgated Interim Enhanced Surface Water Treatment Rule (IESWTR) and the Disinfectants and Disinfection Byproducts Rule (D/DBPR) for either clarification or to ensure consistency with federal regulations. The IESWTR and the D/DBPR were published in the Pennsylvania Bulletin on July 21, 2001. WRAC and TAC will review drafts of the proposed amendments. A 30-day public comment period will be recommended.	John Wroblewski 717-772-4018
Long Term 1 Enhanced Surface Water Treatment Rule Safe Drinking Water Act	May 2003 as proposed	This proposal will amend Chapter 109 to incorporate the provisions of the recently promulgated federal Long Term 1 Enhanced Surface Water Treatment Rule. The Rule is intended to improve the control of microbial pathogens at public water systems serving less than 10,000 people that use surface water or ground water under the direct influence of surface water. Key provisions include strengthened combined and individual filter effluent turbidity performance standards, and disinfection benchmark provisions. WRAC and TAC will review drafts of the proposed amendments. A 30-day public comment period will be recommended.	Phil Consonery 717-772-2184
Chapter 105--Dam Safety and Waterway Management Clean Streams Law; Dam Safety and Encroachments Act	July 2003 as proposed	Revisions will be proposed to simplify and clarify the regulations, streamline the process for minor wetland encroachments, establish discretion to issue expedited permit decisions during site visits, simplify the application fee schedule, and clarify the Chapters 105 and 106 programs by consolidating rules and procedures for stream channels, floodways and floodplains into one regulation. The Wetlands Protection Advisory Committee (WetPAC) is thoroughly reviewing the issues. The Agricultural Advisory Board (AAB) will also be briefed on developments.	Ken Reisinger 717-787-6827
Chapter 245--Storage Tank Amendments Storage Tank and Spill Prevention Act	December 2002 as proposed	With the exception of Subchapter D (Corrective Action Process), this proposal represents comprehensive amendments to all other aspects of the Storage Tank and Spill Prevention Program provisions of Chapter 245, which was last updated in 1997. The amendments have been identified through implementation of the program over the past five years. In addition, a general review of Chapter 245--which is necessary to obtain state program authorization for the underground storage tank program from the USEPA--occurred in the past year, and this review identified other potential revisions. The Storage Tank Advisory Committee (STAC) is reviewing the draft amendments.	Ray Powers 717-772-5551
Amendments to the Hazardous Waste Regulations Solid Waste Management Act; Clean Streams Law	September 2002 as final	This proposal includes minor modifications to the hazardous waste amendments that were finalized on May 1, 1999, to address changes in the federal regulations since that time and for EPA approval as a federally authorized program. The modifications include minor ''housekeeping'' issues such as exceptions to the blanket substitution of DEP for USEPA where the federal authority cannot be delegated to a state. Other changes include correcting typographical errors and adding clarification or consistency in certain sections. A 30-day public comment period on the proposed rulemaking closed on January 14, 2002. The Solid Waste Advisory Committee (SWAC) reviewed the draft final rulemaking.	Rick Shipman 717-787-6239
Provisions for the Management of Safe Fill Solid Waste Management Act; Clean Streams Law; Land Recycling and Environmental Remediation Standards Act	December 2002 as final	This proposal revises Chapter 287 of the residual waste regulations to address the unrestricted use of uncontaminated soil, including rock and stone, as safe fill provided that the soil has not been subject to a spill or release and there are no visible staining, odors or other sensory nuisances associated with the soil. The current definition of ''clean fill'' would be replaced with a new definition for ''safe fill.'' The proposal will also include permit-by-rule requirements allowing restricted use of contaminated soils resulting from urbanization, pesticide use in fruit orchards, historic fill materials and Act 2 remediated soils. The proposed rulemaking was published February 2, 2002, with a 60-day public comment period and 3 public meetings and 3 public hearings. SWAC will review the draft final rulemaking.	William Pounds 717-787-7381
Prohibition on Open Burning of Recyclable Materials Air Pollution Control Act	December 2002 as proposed	This proposal will revise the open burning provisions of Section 129.14(c) to prohibit the burning of leaves, yard wastes and other recyclable materials in areas that have curbside recycling programs. The Air Quality Technical Advisory Committee (AQTAC) is reviewing the draft proposal.	Terry Black 717-787-9495
Architectural and Industrial Maintenance (AIM) Coatings Air Pollution Control Act	December 2002 as final	This proposal will set specific volatile organic content (VOC) limits in grams/liter for 46 categories of AIM coating and require compliance by January 1, 2005. Compliance with these new limits would be reached through either reformulating products or substituting products with compliant coatings that are currently on the market. A 69-day public comment period on the proposed rulemaking concluded February 22, 2002. AQTAC will review the draft final rulemaking in September 2002.	Terry Black 717-787-9495
Portable Fuel Containers Air Pollution Control Act	July 2002 as final	This proposal is part of Pennsylvania's strategy to attain and maintain the one-hour National Ambient Air Quality Standard (NAAQS) for ozone. Based on the Ozone Transport Commission rule and the California Air Resources Board (CARB) program, the proposal will control VOC emissions from portable fuel containers by establishing permeability requirements designed to reduce the loss of gasoline through fuel container walls. The proposal also reduces gasoline loss due to spillage by adding ''no-spill'' fill spout requirements. Manufacturers will be responsible for developing and distributing compliant products for sale in Pennsylvania by January 1, 2003. The proposal does not affect portable fuel containers currently in use. A 67-day public comment period on the proposed rulemaking closed January 16, 2002. AQTAC reviewed the draft final rulemaking.	Terry Black 717-787-9495
Consumer Products Air Pollution Control Act	July 2002 as final	This proposal is also part of Pennsylvania's strategy to attain and maintain the NAAQS for ozone. This proposal will set specific VOC content limits for approximately 80 consumer product categories, and it will apply more stringent VOC content limits than the Federal rule. The compliance date for the limits would be January 1, 2005. Manufacturers would ensure compliance with the limits by reformulating products and substituting products with compliant products that are currently available. The proposal will include some flexibility options. A 67-day public comment period on the proposed rulemaking closed January 16, 2002. AQTAC reviewed the draft final rulemaking.	Terry Black 717-787-9495
Chapter 121, 129 and 145 Small NOx, Stationary Internal Combustion Engines and Cement Kilns Air Pollution Control Act	September 2002 as proposed	This proposal will establish a program to limit NOx emissions from smaller boilers, turbines and stationary internal combustion engines in the southeast portion of Pennsylvania. These controls are needed to attain and maintain the health-based one-hour ozone standard. In addition, the proposal will establish control requirements on a statewide basis for large stationary internal combustion engines and cement kilns. These controls are needed to meet the Commonwealth's remaining obligation to reduce ozone transport throughout the eastern United States. AQTAC is reviewing the draft proposed regulations. A 60-day public comment period and three public hearings will be recommended.	Dean Van Orden 717-787-9495
New Source Review Air Pollution Control Act	Contingent on EPA action	The Department's existing new source review (NSR) 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 (ERCs). The Department will incorporate proposed changes in the Federal NSR requirements as necessary. Drafts of the proposal will be reviewed by the AQTAC. EPA has proposed in its draft NSR regulations a number of mechanisms related to generation and use of ERCs and the use of an ''area wide'' plant-wide applicability limit (PAL) to address trading issues. The proposed rules were issued in July 1996; however, EPA has not yet issued final rules. With the uncertainty of the nature of the final rules, the Department cannot proceed with revisions of the existing trading regulations until the final EPA rule is promulgated.	Terry Black 717-787-9495
Chapter 86--Coal Mining Amendments Surface Mine Conservation and Reclamation Act	January 2003 as final	This proposal adds new Section 86.6 to clarify existing statutory requirements and ensure the regulations are no more stringent than federal requirements. This amendment provides an exemption to the regulatory requirements for coal extraction incidental to federal, state and local government-financed highway construction and reclamation projects. The exemption currently exists in Pennsylvania's Surface Mine Conservation and Reclamation Act. A 45-day public comment period closed on June 18, 2002. The Mining and Reclamation Advisory Board (MRAB) will review the draft final rulemaking in September 2002.	Evan Shuster 717-783-9888
Chapter 207-- Underground Noncoal Mines General Safety Law	September 2002 as final	This proposal consolidates the regulatory provisions implementing Section 2(f) of the General Safety Law, which regulates worker safety in noncoal mines, into Chapter 207 (Noncoal Mines). Most of these provisions were promulgated by the Department of Labor and Industry over 30 years ago and are found at Title 34, Pennsylvania Code, Chapter 33. DEP's Chapter 207 addresses the use of explosives at noncoal mines and has not been amended since its adoption in 1972. The amendments address effective safety practices in noncoal mines based on changes in the industry and DEP's administration of the program. The proposal incorporates by reference the U.S. Mine Safety and Health Administration's (MSHA) regulations found at 30 CFR Part 57 and includes provisions to address certification of foremen as well as the licensing and duties of blasters. A 60-day public comment period on the proposed rulemaking closed February 6, 2002.	Richard Stickler 724-439-7469
GENERAL SERVICES
Responsibility 4 Pa. Code, Chapter 60	Fall, 2002, as proposed	This chapter must be amended to conform with the legislative changes required by Act 57 and to provide for uniform Commonwealth agency debarment and suspension procedures.	Gary Ankabrandt [phone]
Instructions to Bidders 4 Pa. Code, Chapter 61	Fall, 2002, 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	Fall, 2002, as proposed	See comment for Chapter 61.	Merle H. Ryan [phone]
State Art Commission 4 Pa. Code, Chapter 65	Fall, 2002, as final	The legislation creating the State Art Commission was sunsetted.	Merle H. Ryan [phone]
Emergency Construction Repairs 4 Pa. Code, Chapter 67	Fall, 2002, 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 purposed as noted for Chapter 61.	Merle H. Ryan [phone]
Contract Compliance 4 Pa. Code, Chapter 68	Fall, 2002, as proposed	Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services	Sheri Phillips [phone]
Methods of Awarding Contracts 4 Pa. Code, Chapter 69	Fall, 2003, as proposed	With the enactment of the Commonwealth Procurement Code (Act 57) it is necessary to confirm this chapter with the changes in the law and to address other procurement areas affected by Act 57.	Sharon P. Minnich [phone]
Commonwealth Parking Facilities 4 Pa. Code, Chapter 71	Fall, 2002, as proposed	Amendments are required because parking locations have been changed.	James W. Martin [phone]
Commonwealth Automotive Fleet 4 Pa. Code, Chapter 73	Fall, 2002, as proposed	The regulation will be amended to eliminate the requirement for a Pennsylvania license to drive a state vehicle and will permit out-of-state-licenses.	Sharon P. Minnich [phone]
Processing Subscriptions and Sales of Pennsylvania Code and Related Publications 4 Pa. Code, Chapter 81	Fall, 2002, 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 order for the Pennsylvania Code.	Sheri Phillips [phone]
First Amendment Rights 4 Pa. Code, Chapter 86	Fall, 2002, as proposed	The amendment will extend coverage of the statement of policy to the Philadelphia State Office Building, Pittsburgh State Office Building, Scranton State Office Building, and Reading State Office Building	Gregory C. Santoro [phone]
Prequalification 4 Pa. Code, Chapter 60	Fall, 2002, as proposed	Under the authority granted in the Commonwealth Procurement Code, the department will initiate prequalification of public works contractors for Commonwealth projects. The regulations will provide factors to be considered in determining whether to prequalify contractors as well as provisions for suspending or revoking prequalification if contractors do not comply with prequalification standards.	Jan Matthew Tamanini [phone]
HEALTH
Testing Blood and Alcohol Specimens Taken From Persons Who Die as a Result of a Vehicle Accident 28 Pa. Code §§ 29.21 and 29.22	October 2002, as proposed.	The amendments to existing regulations will update testing procedures and make the regulations consistent with the authorizing statute. Pursuant to the section 3749 of the Vehicle Code, 75 Pa.C.S. § 3749, and Reorganization Plan No. 4 of 1981 (71 P. S. § 751-31).	Kenneth E. Brody 717-783-2500
Health Facility Licensure--General & Special Hospitals & Health Planning 28 Pa. Code § 301.1 et seq. 28 Pa. Code § 401.1 et seq.	November 2002, as final-omitted.	Existing regulations in chapters on health planning (federal program and certificate of need) will be repealed as statutory authority for both chapters has terminated. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b.	James T. Steele, Jr. 717-783-2500
Reporting of Certain HIV Test Results, CD4 T-Lymphocyte Counts Below a Certain Level, and Perinatal Exposure of Newborns to HIV 28 Pa. Code §§ 27.1--27-2, 27.21--27.22, 27.32, 27.32a--27.32d	July 2002, as final.	The amendments to existing regulations will add reporting of certain HIV test results, CD4 T-lymphocyte counts below a certain level, and perinatal exposure of newborns to HIV to the list of diseases, infections and conditions reportable to the Department of Health. The amendments will specify who is required to report these conditions and how the reporting is to be done. The amendments will also require clinical laboratories to report all reportable diseases, infections and conditions to the Department electronically. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1--521.21.	Yvette M. Kostelac 717-783-2500
Public Bathing Place Lifeguard Requirements 28 Pa. Code § 18.1; § 18.42	October 2002, as proposed.	The amendments to existing regulations will provide lifeguard requirements for recreational swimming establishments, and add requirements for lifeguard certification and factors to be considered in determining adequate lifeguard coverage. Pursuant to Act 75 of 1998, amending 35 P. S. §§ 672--680 (the Public Bathing Law).	Grace R. Schuyler 717-783-2500
Special Supplemental Food Program for Women, Infants and Children (WIC Program) 28 Pa. Code § 1101.1 et seq.	September 2002, as proposed.	The amendments to existing regulations will bring the State regulations into compliance with changes in the Federal regulations (7 C.F.R. § 246) published December 29, 2000, relating to vendor selection criteria, training requirements, monitoring requirements and compliance investigations, and the vendor appeals process.	Karin Simpson Gutshall 717-783-2500
Health Facility Licensure/Hospices 28 Pa. Code § 651.1 et seq.	April 2003, as proposed.	These new regulations will provide standards for the licensing and regulation of hospices. They will contain health and safety standards as well as standards set forth in Federal regulations for hospices certified as providers under the Medicare Program. Pursuant to Act 95 of 1998, amending the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b.	Karen Kroh 717-787-7425
Hearing Aid Sales and Registration/Continuing Education 28 Pa. Code § 25.201 et seq.	July 2002, as proposed.	The amendments to existing regulations will include continuing education requirements for hearing aid fitters, provide for 30-day money back written guarantees on hearing aids, and revise certification fees for consistency with the statute. Pursuant to Act 153 of 1998, amending the Hearing Aid Sales Registration Act, 35 P. S. §§ 6700-101--6700-802.	Tanya Leshko 717-783-2500
Narcotic Treatment Standards 28 Pa. Code §§ 701 and 715	September 2002, as final.	The amendments to existing regulations will repeal 4 Pa. Code § 263, transfer regulations to Title 28, and amend and update narcotic treatment, including methadone treatment standards. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690-101--1690.115.	Keith Fickel 717-783-2500
Prevention Activities 28 Pa. Code §§ 701 and 713 (rescission)	July 2002, as final.	Existing regulations imposing standards for approval of drug and alcohol prevention activities will be repealed. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690-101--1690.115.	Keith Fickel 717-783-2500
Optometric Drugs 28 Pa. Code § 6.2	July 2002, as final.	The amendments to existing regulations will add substances to the list of drugs that may be used by certain optometrists. Pursuant to section 244.2 of the Optometric Practice and Licensure Act, 63 P. S. § 244.2.	Keith Fickel 717-783-2500
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.

 

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
INFRASTRUCTURE INVESTMENT AUTHORITY
No regulations being developed or considered at this date.
INSURANCE
Advertising of Insurance, 31 Pa. Code, Chapter 51, §§ 51.1--51.61	Winter 2002, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Private Passenger Automobile Policy Forms, 31 Pa. Code, Chapter 64, §§ 64.1--64.14	Fall 2002, as proposed.	Repeal pursuant to Executive order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Motor Vehicle Financial Responsibility Law--Evidence of Financial Responsibility, 31 Pa. Code, Chapter 67, §§ 67.21--28	Winter 2002, as proposed.	Amend to make the regulation consistent with statutory requirements.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Replace Life Insurance Annuities, 31 Pa. Code, Chapter 81, §§ 81.1--91	Fall 2002, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Variable Life Insurance, 31 Pa. Code, Chapter 82, §§ 82.1--91	Fall 2002, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Disclosure in Solicitation of Life Insurance, 31 Pa. Code, Chapter 83, §§ 83.1--57	Fall 2002, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Annuity Disclosure, (NEW Chapter 83a)	Summer/Fall 2002, as final.	A new regulation to eliminate misleading illustrations, make illustrations more understandable and to standardize the disclosure statement language to be use with the selling of annuities.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Variable Annuity & Accumulation Contracts, 31 Pa. Code, Chapter 85, §§ 85.1--85.40	Fall 2002, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Requirements for Life Policies and Sales Practices, 31 Pa. Code, Chapter 87, §§ 87.1--87.42	Fall 2002, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Life Insurance Illustrations (New Chapter 87a)	Summer 2002, as proposed.	Act 154 of 1996 provides for life insurance illustration requirements for life insurance policies. The statute sunsets when a life insurance illustration regulation becomes effective. A life insurance illustration regulation will eliminate misleading illustrations, make illustrations more understandable, and standardize terms and illustration formats for the entire life insurance industry. Further, it is more appropriate that technical requirements, such as these, appear in a regulation rather than in statutory form.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Individual Accident & Sickness Minimum Standards, 31 Pa. Code, Chapter 88, §§ 88.1--88.195	Winter 2002, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Requirements for All Policies and Forms, 31 Pa. Code, Chapter 89, §§ 89.1--89.5, 89.11, 89.17 and 89.21--89.23 and new General Filing Requirements and General Contents of Forms §§ 89a.1--89a.6	Fall 2002, as final.	Changes will be promulgated regarding the deregulation of rates and forms filings for accident and health insurance, as a result of Act 159 of 1996. Changes will be made pursuant to the health care provisions of the Federal Health Insurance Portability and Accountability Act of 1996. Life, annuities and property and casualty general filing requirements are being combined in the new regulation.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Preparation of Forms, 31 Pa. Code, Chapter 89, §§ 89.12-16, 89.18--89.62	Fall 2002, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Prior Approval of Forms Required, 31 Pa. Code, Chapter 89, § 89.101	Fall 2002, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Public Adjusters, 31 Pa. Code, Chapter 115, §§ 115.1--115.8	Summer/Fall 2002, as final.	The regulation was initially promulgated to clarify the requirements of public adjuster contracts. The authorizing statute, Act 72, was amended in 1983 (63 P. S. §§ 1601--1608), and the Insurance Department seeks to modify Chapter 115 to be consistent with the revised statutory language. Licensing requirements are being proposed to be added to this regulation.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Description of Reserves--Prohibited Phrases, 31 Pa. Code, Chapter 139, §§ 139.1--139.3	Winter 2002, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Unfair Insurance Practices; Unfair Claims Settlement Practices, 31 Pa. Code, Chapter 146, §§ 146.1--146.10	Fall 2002, as proposed.	Amend pursuant to Executive Order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Privacy of Consumer Health Information, 31 Pa. Code, Chapter 146b	Summer 2002, as final.	NEW. This implements the NAIC model privacy regulation with respect to health information in accordance with the health privacy regulations of the U.S. dept. of health and Human Services and the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.).	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Annual Audited Insurers' Financial Report Required, 31 Pa. Code, Chapter 147	Winter 2002, as proposed.	Amend to prohibit a person or firm from being recognized as a qualified independent certified public accountant if the person or firm has entered into an agreement of indemnity or release from liability with respect to an audit of an insurer.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Securities Held Under Custodial Agreements, 31 Pa. Code, Chapter 148, §§ 148.1--148.4	Summer/Fall 2002, as final.	Amend to eliminate unnecessary forms, add uniform requirements relating to custodial agreements and duties of custodians and update provisions relating to permissible custodians.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Health Maintenance Organizations, 31 Pa. Code , Chapters 301, §§ 301.1--301.126	Winter 2002, as proposed.	Amend pursuant to Executive order 1996-1.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Workers' Compensation Security Fund Assessment Regulation, 31 Pa. Code, Chapter 165 (new chapter)	Summer 2002, as proposed.	HB 1370 passed the GA in 2000 allowing the Fund to develop a regulatory scheme to finance the obligations of the Fund. The proposed regulation will establish reporting requirements for licensed worker's compensation carriers and assessment calculations.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
Premium Finance Companies (new chapter)	Fall 2002, as proposed.	New regulation addressing issues pertaining to Premium Finance Companies.	Peter J. Salvatore, Regulatory Coordinator 717-787-4429
LABOR AND INDUSTRY
Workers' Compensation Bureau, Workers' Compensation Judges, and Workers' Compensation Appeal Board regulations at 34 Pa. Code Chapters 131, 121, and 111.	Proposed rulemaking was published on 3/23/02. Public comments have been received. Anticipate submission as final-form regulation by the end of 2002.	These rules have not been updated in many years and need to reflect the changes in the law and practice of workers' compensation.	Thomas J. Kuzma [phone]
Underground Storage Facilities	Anticipate submitting as proposed rulemaking in Fall, 2003.	This regulation will address requirements for natural or man-made caverns used for Liquefied Petroleum Gas storage.	Edward Leister [phone]
Unemployment Compensation Appeal Amendments	Signed by Secretary. Submitted as proposed rulemaking	The proposed rulemaking will update rules for filing and allow filings through private mail carriers, fax and electronic transmission.	Kelly Smith [phone]
Unemployment Compensation Regulations, Title 34. Labor & Industry Regulations	Final-form regulation sent to Secretary Butler for signature on 6/18/02.	The proposed regulation will clarify the meaning of reasonable assurance as it applies to the eligibility of the employees of educational institutions during regularly scheduled non-school periods.   Under Section 402.1 of the PA UC Law, a school employee is not eligible for benefits based on school employment during a regularly scheduled non-school period when the individual performed services for a school employer prior to the break and has a reasonable assurance of performing such services following the break.	Jeri Morris [phone]
Asbestos Occupations Accreditation and Certification	Published in proposed form. Received numerous comments. Rulemaking was withdrawn L&I re-writing in accordance with federal EPA Model Plan. Will resubmit as proposed rulemaking in early 2003.	Act of December 19, 1990, P. L. 05, No. 194, 64 P. S. §§ 2101--2112. This regulation established the Department's worker certification and training provider accreditation program. It also sets up training course requirements. It will be based on the Environmental Protection Agency's model plan.	Sharon Lawson [phone]
Uniform Construction Code (UCC) regulations. Act 45 of 1999.	The Training and Certification portion was published as a final form regulation and will take effect on 7-15-02. Anticipate submitting Administrative and Enforcement regulations as proposed rulemaking in Summer, 2002.	Act 45 of 1999, providing for a uniform statewide building code, requires the Dept. of L&I to promulgate regulations. Because this measure in effect repealed the Dry Cleaning Law, Elevator Law and Fire & Panic Act, the regulations relating to each (including those for Personal Care Homes), were withdrawn and will be addressed through regulations for Act 45. Personal Care Home regs, previously submitted to OGC, were withdrawn and its provisions not addressed in Act 45 regs will be addressed through legislative measure.	Edward L. Leister [phone]
MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND
No regulations being developed or considered at this date.
MILITARY AND VETERANS AFFAIRS
State Veterans Home 43 Pa. Code Section 7.1 et. seq.	July 2003, as proposed.	This regulation is necessary to update current regulations to make them more user-friendly. This regulation is a long-term project and would amend 43 Pa. Code Chapter 7.	Eclemus Wright, Jr. 717-861-8503
BOARD OF PARDONS
No regulations being developed or considered at this time.
PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
See Public School Employees' Retirement System.
PROBATION AND PAROLE
No regulations being developed or considered at this date.
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
22 Pa. Code Chapter 213	Became effective upon publication May 11, 2002	Conforms the board's regulations with the policy adopted by the board at its December 2, 1998 meeting allowing actuarial debt reduction for purchase of service.	Frank Ryder [phone]
PUBLIC WELFARE
Child Protective Services Law 55 Pa. Code Chapter 3490	October 2002, as final	This regulation incorporates the amendments to the Child Protective Services Law as a result of Act 127 of 1998. The major changes include: convening of an investigative team for the investigation of suspected child abuse; increased communication between county agencies and law enforcement officials; increased requirements for multi-disciplinary teams; increasing the length of time unfounded reports are retained; and expanded reporting requirements by county agencies to law enforcement officials.	Ruth O'Brien [phone]
Adolescent and Adult Part Day Regulations 28 Pa. Code Chapters 704 and 709 (Subchapters C, H and I) (3 facility types) Staffing Requirements for Drug and Alcohol Treatment Facilities Standards for Licensure of Freestanding Treatment Facilities 55 Pa. Code Chapter 2390 Vocational Facilities 55 Pa. Code Chapter 2380 Adult Training Facilities 55 Pa. Code Chapter 5200 Psychiatric Outpatient Clinics 55 Pa. Code Chapter 5210 Partial Hospitalization 6 Pa. Code Chapter 11 Older Adult Daily Living Centers	February 2003, as proposed	DPW, DOH and PDA are consolidating nine sets of regulations into one chapter of regulations. Each agency will retain its statutory authority. Regulations will include common administrative standards and common health and safety standards for all facilities included, as well as unique program standards for each facility type.	Ruth O'Brien [phone]
Adult Residential Regulations 28 Pa. Code Chapters 704 and 709 (Subchapters C and E) (2 facility types) Staffing Requirements for Drug and Alcohol Treatment Facilities Standards for Licensure of Freestanding Treatment Facilities 55 Pa. Code Chapter 6500 Family Living Homes 55 Pa. Code Chapter 5310 Community Residential Rehabilitation Services for the Mentally Ill 55 Pa. Code Chapter 5320 Long Term Structured Residence 55 Pa. Code Chapter 2620 Personal Care Home Licensing Also (no current regs.--regulated under Article X): Residential Treatment Facilities for Adults Residential Crisis Intervention	August 2002, as proposed	DPW and DOH are consolidating eight sets of regulations into one chapter of regulations. Each agency will retain its statutory authority. Regulations will include common administrative and health and safety standards for all facilities included, as well as unique program standards for each facility type. However, at this time, the Department has prioritized Personal Care Home Licensing regulations for proposed publication.	Ruth O'Brien [phone]
Subsidized Child Day Care Eligibility 55 Pa. Code Chapter 3040	October 2002, as proposed	This regulation is proposed in order to clarify existing regulations relating to eligibility requirements for day care subsidy.	Ruth O'Brien [phone]
Continuation of Medical Assistance Throughout Pregnancy 55 Pa. Code Chapters 140, 181	March 2003, as proposed	This regulation codifies the provision that Medical Assistance coverage will be continued for pregnant women throughout their pregnancy and postpartum period, regardless of changes in family income that occur after the authorization of MA or cash assistance. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Workfare/Community Service 55 Pa. Code Chapters 166, 275	June 2003, 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 services agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Real Property Liens 55 Pa. Code Chapters 101, 121, 177, 183, 257, 297	June 2003, as proposed	This regulation codifies the elimination of the requirement that applicants who own real property, including mobile homes, which are used as their primary residence, will no longer be required to sign a lien encumbering their residence as a condition of eligibility for cash assistance. The Department intends to rescind 55 Pa. Code Chapter 257, regarding Reimbursement. Instead, the Department will propose a new chapter governing reimbursement policy for cash assistance recipients and applicants who own personal property. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Criminal History * 55 Pa. Code Chapters 125, 133, 141	March 2003, as proposed	This regulation incorporates the Act 1995-20 provision that prohibits the granting of assistance to any person sentenced for a felony or misdemeanor who has not satisfied the penalty imposed by law by having completed the period of incarceration and by paying all fines, costs, and restitution. Act 1996-35 expands the satisfied penalty requirement to include compliance with an approved payment plan. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Act 1996-35--Provisions Effective March 3, 1997 * 55 Pa. Code Chapters 105, 125, 133, 140, 141, 145, 151, 153, 165, 168, 177, 178, 181, 183, 187, 255	August 2002, as final	This regulation incorporates provisions of the TANF program implemented 3/3/97 by NORC including establishing RESET; requiring applicants and recipients to enter into an agreement of mutual responsibility with the department; and further defining Title IV-D cooperation requirements and procedures for TANF and GA applicants and recipients. Act 1996-35 provisions applicable to the TANF program may not be implemented until federal approval is received. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Medical Support Rights 55 Pa. Code Chapter 187	March 2003, as proposed	This regulation will require Medical Assistance applicants/ recipients to assign their medical support rights to the Commonwealth and apply for Title IV-D support services as conditions of eligibility. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Annuity Rule 55 Pa. Code Chapter 178	February 2003, as proposed	This regulation codifies the provision that in addition to the current provision permitting the institutionalized spouse to provide part of his monthly income to the community spouse whose income is below the minimum monthly maintenance needs allowance, either the institutionalized spouse or their representative may file an appeal and seek an administrative order permitting the protection of additional resources to enable the community spouse to purchase an annuity that will generate sufficient income to bring her income up to the minimum monthly maintenance needs allowance. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Food Stamp Disqualification Penalties 55 Pa. Code Chapter 501	March 2003, as proposed	This regulation incorporates a revision to the Food Stamp disqualification penalties as required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The revision increases the Food Stamp intentional program violation disqualification penalties from six months to one year for the first violation and from one year to two years for the second violation. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Employment Requirements for Two-Parent Households: Definition of Unemployment * 55 Pa. Code Chapters 153, 178	August 2002, as final	This regulation codifies the provision in the current Temporary Assistance for Needy Families (TANF) State Plan that DPW is revising the definition of unemployment so that working parents who meet financial eligibility requirements and are otherwise eligible may receive TANF until their income exceeds eligibility limits or they exhaust their 60 months of TANF. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Family Violence Option 55 Pa. Code Chapter 187	March 2003, as proposed	This regulation codifies the provision in the TANF State Plan to screen and identify victims of domestic violence, refer those individuals to counseling and supportive services, establish service plans, provide universal notification, and make appropriate referrals to social service agencies. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Lump Sum Income (Cash) 55 Pa. Code Chapter 183	December 2002, as Final	This regulation codifies provisions to specify that lump sum is considered income in the month of receipt and 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.	Ruth O'Brien [phone]

 

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
OBRA '90 55 Pa. Code Chapters 140, 178, and 181	February 2003, as proposed	This regulation codifies changes resulting from OBRA '90 that affect 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 post-eligibility requirements for institutionalized Medicaid eligibles who will have their VA pension reduced to $90 but that will now not be counted in determining cost of care. Thus, SSI and Medicaid 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.	Ruth O'Brien [phone]
20% Hardship Exemption for TANF 55 Pa. Code Chapter 141	September 2002, as final	This regulation codifies provisions that extend TANF beyond 60 months to up to 20% of the average monthly caseload based on hardship or domestic violence issues. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Increases in Payment for Burial and/or Cremation* 55 Pa. Code Chapter 285	February 2003, as proposed	This regulation codifies an increase to the maximum payment for burial and/or cremation for eligible persons. A decreased person of any age who received or was eligible to receive a money payment--TANF, General Assistance, State Blind Pension, or Supplemental Security Income--may be eligible for a maximum burial and/or cremation payment of $750, if there are no resources that reduce the payment. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Medical Assistance for Workers with Disabilities 55 PA. Code Chapter 140	October 2002, as proposed	This regulation provides Medicaid benefits to Workers with Disabilities who would otherwise not be eligible, effective January 1, 2002. The Ticket to Work and Work Incentives Improvement Act of 1999 (P. L. 106-170) gave states the option of providing categorically needy Non-Money Payment Medicaid benefits to workers with disabilities who have higher incomes and resources than the current Medicaid standards. Pennsylvania exercised this option by passing Act 2001-77 of June 26, 2001 (P. L. 755), also known as the Tobacco Settlement Act, which establishes MAWD. MAWD is intended to provide individuals with disabilities the opportunity to enter and remain in the workforce while receiving Medicaid coverage. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Breast and Cervical Cancer Prevention and Treatment Program 55 Pa. Code Chapter 140	October 2002, as proposed	This regulation provides Medicaid benefits to individuals diagnosed with Breast and Cervical Cancer, effective January 1, 2002. The BCCPT Act of 2000 amended Title XIX of the Social Security Act by giving states the option of providing full Medicaid benefits to a new group of individuals. This regulation provides healthcare coverage for treatment of breast and cervical cancer, including pre-cancerous conditions of the breast and cervix, in addition to full Medicaid benefits. Specifically, uninsured and underinsured women under the age of 65, screened and diagnosed with either breast or cervical cancer, including pre-cancerous conditions of the breast or cervix, by a provider or facility funded in full or part by the Centers for Disease Control and Prevention under its National Breast and Cervical Cancer Early Detection Program, will be eligible for Medicaid benefits. Pennsylvania has chosen the Department of Health Healthy Woman Project as the screening entity for this program. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Semi-annual Budgeting 55 Pa. Code Chapters 142, 168, 175, and 183	February 2003, as proposed	This regulation will change the manner of reporting and adjusting earned income for employed clients. Reporting of earned income will be required for specific periods within six-month intervals. Benefits will be adjusted on a post-adjustment basis so that income reported for period A will affect benefits received in period B, etc. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Establishment of Parental Income Limit--Children with Disabilities 55 Pa. Code Chapters 140, 178 and 181	October 2002, as proposed	This regulation will change the eligibility requirements to deem parental income to a child with a disability for the Medicaid Program. Previously, there was no provision to permit the use of parental income in the eligibility determination process for these children. This regulation will permit an income disregard under § 1902(r)(2) of the Social Security Act prior to deeming parental income using standard Supplemental Security Income deeming of income methodologies. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Limitations in Spend-down Eligibility 55 Pa. Code Chapter 181	October 2002, as proposed	This regulation will change the spend-down procedure within the Medicaid eligibility determination process. The change will affect the Nonmoney Payment category by the elimination of the spend-down process and the Medically Needy Only category by limiting unpaid medical expenses used as a deduction to those incurred during the retroactive period. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Minor Changes in Nursing Care Eligibility 55 Pa. Code Chapters 178 and 181	October 2002, as proposed	This regulation will change the eligibility requirements for applicants and recipients in long-term care facilities. Recipients of Medicaid Program benefits will be required to contribute more toward the cost of long-term care services. Applicants for Medicaid Program benefits will be required to use more of their own resources to pay for their care prior to being authorized eligible for the Medicaid Program. This regulation will be reviewed by representatives of community legal service agencies, the welfare rights organization, and other similar client advocacy groups.	Ruth O'Brien [phone]
Early and Periodic Screening Diagnosis Treatment (EPSDT) * 55 Pa. Code Chapters 1101, 1121, 1123, 1147, 1241	December 2003, 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.	Ruth O'Brien [phone]
Medical Assistance Case Management Services * 55 Pa. Code Chapter 1239	January 2004, 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.	Ruth O'Brien [phone]
OMNIBUS MA * 55 Pa. Code Chapters 1101, 1121, 1149	March 2003, 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 also 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. In addition, this regulation removes family planning clinics from the list of providers limited under the General Assistance Basic Health Care Package to 18 practitioner's office and clinic visits per year. This regulation will be reviewed by the MAAC, as noted above.	Ruth O'Brien [phone]
OMNIBUS Pharmacy * 55 Pa. Code Chapters 1121, 1126, 1129, 1141, 1163, 1221, 1225, 1243	December 2002, as final omitted	This final regulation codifies Act 1994-49 provisions that discontinue payment for all drugs, devices, products, services and procedures that are used or related to treating infertility, including surrogacy services, effective September 1, 1994. This regulation also 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.	Ruth O'Brien [phone]
Residential Treatment Facilities (RTF) for Mental Health Services* 55 Pa. Code Chapters 1157, 1165	February 2003, as proposed	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 was reviewed by the MAAC on 3/28/02. The Department received comments from 6 agencies. These comments are currently under review by the Department.	Ruth O'Brien [phone]
Early Intervention Services* 55 Pa. Code Chapters 4225, 4226	December 2002, as final	This regulation will establish program regulations for early intervention services in keeping with the Federal regulations under the Individuals with Disabilities Education Act (IDEA) and Act 212 of 1990. Early intervention services regulations are called for by the Legislative Budget and Financing Committee Report on early intervention services.	Ruth O'Brien [phone]
Behavioral Health Rehabilitation Services* 55 Pa. Code Chapter 1154	January 2003, as proposed	This regulation codifies requirements necessary to receive reimbursement for medically necessary outpatient wraparound mental health services for individuals under 21 years of age with a diagnosis of mental illness or emotional disturbance. This regulation will be reviewed by the MAAC, as noted above.	Ruth O'Brien [phone]
Physician Assistant/Midwife* 55 Pa. Code Chapter 1141	December 2002, as final omitted	This final regulation codifies revised supervision requirements for physician assistants and midwives. This regulation will be reviewed by the MAAC, as noted above.	Ruth O'Brien [phone]
Discontinuance of the Mandatory Second Opinion Program* 55 Pa. Code Chapter 1150	December 2002, as final omitted	This final regulation removes the mandatory second opinion program requirement for certain surgical procedures. This regulation will be reviewed by the MAAC, as noted above.	Ruth O'Brien [phone]
Capital Component Payment for Replacement Beds 55 Pa. Code Chapter 1187	July 2003, as proposed	This regulation takes the policy as set forth in the Statement of Policy and promulgates it into the regulations. This regulation will be reviewed by the MAAC.	Ruth O'Brien [phone]
New Definition of ''Emergency Medical Condition'' * 55 Pa. Code Chapters 1101, 1141, 1150, 1221	December 2002, as final omitted	This final regulation codifies the revised definition of ''emergency medical condition'' contained in the Balanced Budget Act of 1997, effective July 1, 1998. This regulation will be reviewed by the MAAC, as noted above.	Ruth O'Brien [phone]
Definition of Medically Necessary 55 Pa. Code Chapter 1101	February 2003, as proposed	This proposed regulation replaces the current definition of ''medically necessary'' with the definition found in the HealthChoices Request for Proposal. This regulation will be reviewed by the MAAC, as noted above.	Ruth O'Brien [phone]
Provision of Drug and Alcohol Treatment 55 Pa. Code Chapter 1223	December 2002, as final omitted	This final regulation eliminates the need for the supervisory physician to perform a physical exam within 15 days following intake and before the provision of treatment. This regulation will be reviewed by the MAAC, as noted above.	Ruth O'Brien [phone]
Invoicing for Services 55 Pa. Code Chapter 1101	December 2002, as final omitted	This regulation revises the invoice submission requirements for nursing facilities. This regulation will be reviewed by the MAAC.	Ruth O'Brien [phone]
Tobacco Cessation and Nutritional Supplements 55 Pa. Code Chapter 1121	March 2003, as final omitted	This final regulation will provide coverage under the Medical Assistance Program for tobacco cessation products and counseling services and will extend coverage for nutritional supplements to eligible Medical Assistance recipients 21 years of age and older. This regulation will be reviewed by MAAC.	Ruth O'Brien [phone]
Dental Services 55 Pa. Code Chapter 1149	December 2002, as final omitted	This final regulation will provide coverage for core build-up and will revise the Medical Assistance Orthodontia Program. This regulation will be reviewed by MAAC.	Ruth O'Brien [phone]
Preadmission Requirements for Nursing Facility Services (Mandatory 12 month spend-down) 55 Pa. Code Chapter 1187	September 2002, as proposed	This regulation will require nursing facilities to have all individuals applying for nursing facility services, evaluated by the Department or an independent assessor if it is likely that the applicant will use Medical Assistance as a payer source within 12 months of admission. The purpose of this regulation is to allow an individual to remain in the community by delaying or eliminating the need for admission to a nursing facility. This regulation will be reviewed by the MAAC.	Ruth O'Brien [phone]
REVENUE
Cash 5/Super 6 Lotto 61 Pa. Code §§ 816.106, 816.110, 870.3, 870.5, 870.6, 870.8 and 870.9	December 2002, as final.	Amendment to the Cash 5 and Super 6 Lotto games will delete the provision that allows for the cancellation of a ticket after purchase but prior to the drawing. Amendment necessary to make the on-line games consistent with the Powerball game. Other minor amendments made for clarity.	Douglas A. Berguson 717-787-1382
Employer Returns and Other Withholding Provisions 61 Pa. Code §§ 113.2, 113.3, 113.3a, 113.3b, 113.3c, 113.4, 113.4a, 113.7 and 121.16	December 2002, as final.	The Department is proposing amendments to various withholding regulatory sections, including requiring an employer who is required to file 250 or more withholding statements, to forward to the Department the reconciliation statement with such withholding statements via electronic or magnetic media as specified in the instructions of the Department. In addition, § 121.16 is amended to delete language relating to the filing of a W-2 with Form PA-40 as evidence of taxes withheld.	Douglas A. Berguson 717-787-1382
File-by-phone (TeleFile) System and Federal and State Electronic Tax Filing Program 61 Pa. Code §§ 117.19--117.21	December 2002, as proposed.	The file-by-phone (TeleFile) program involves the filing of a Pennsylvania personal income tax return by phone. The Federal and State electronic tax filing program involves the filing of a Pennsylvania personal income tax return as part of the Federal and State Electronic Filing Program.	Douglas A. Berguson 717-787-1382
Master Settlement Agreement 61 Pa. Code §§ 71.31--71.33	December 2002, as final.	On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the ''Master Settlement Agreement,'' with the Commonwealth. On June 22, 2000, Act 54-2000, known as the Tobacco Settlement Agreement Act, was signed into law. Pursuant to Act 54, the Department is proposing a regulation which describes the responsibilities for participating and nonparticipating tobacco product manufacturers and cigarette stamping agents.	Douglas A. Berguson 717-787-1382
Partial Refunds For Bad Debts 61 Pa. Code §§ 33.3 and 33.5	October 2002, as final.	This regulation explains the application of section 247.1 of the TRC (72 P. S. § 7247.1) relating to partial refund of sales tax attributed to bad debts.	Douglas A. Berguson 717-787-1382
Realty Transfer Tax Amendments 61 Pa. Code, Chapter 91	March 2003, as proposed.	The amendments to Chapter 91. Realty Transfer Tax, are made to address numerous legislative changes and to bring the regulatory provisions into conformity with Departmental policy.	Douglas A. Berguson 717-787-1382
Small Games of Chance Amendments 61 Pa. Code, Part VII	January 2003, as proposed.	The regulation contains comprehensive amendments to Part VII to incorporate legislative changes made to the Local Option Small Games of Chance Act (10 P. S. §§ 311--328) in 1990 and 2000 and to codify policy and administrative changes regarding games of chance.	Douglas A. Berguson 717-787-1382
Support Offset and Other Personal Income Tax Provisions	December 2002, as proposed	This regulatory change will amend certain regulatory provisions to provide for the intercept of income tax refunds from individuals who are delinquent in support payments and redirect the funds accordingly. Other amendments are proposed to update and/or clarify personal income tax provisions.	Douglas A. Berguson 717-787-1382
SECURITIES COMMISSION
''Banking institution; savings and loan institution'' 64 Pa. Code § 102.041 Proposed Rulemaking	December 2002	The Commission plans to amend this regulation to conform its provisions with federal law.	G. Philip Rutledge [phone]
''Institutional investor'' 64 Pa. Code § 102.111 Proposed Rulemaking	December 2002	The Commission plans to amend this regulation to include a 1985 Interpretive Opinion on qualifications for IRAs, KEOGHs and SEPs to be an institutional investor.	G. Philip Rutledge [phone]
''Real property units'' 64 Pa. Code § 102.202 Proposed Rulemaking	December 2002	The Commission plans to repeal this regulation which is overly narrow.	G. Philip Rutledge [phone]
''Exchange'' 64 Pa. Code § 102.241 Proposed Rulemaking	December 2002	The Commission plans to revise language to make it conform to federal law.	G. Philip Rutledge [phone]
''Private activity bonds'' 64 Pa. Code § 202.010 Proposed Rulemaking	December 2002	The Commission plans to amend this regulation to conform its requirements to the federal National Securities Markets Improvement Act of 1996.	G. Philip Rutledge [phone]
''Commercial paper'' 64 Pa. Code § 202.030 Proposed Rulemaking	December 2002	The Commission plans to amend this regulation to conform its requirements to the federal National Securities Markets Improvement Act of 1996.	G. Philip Rutledge [phone]
''Commercial paper issued by bank holding companies'' 64 Pa. Code § 202.032 Proposed Rulemaking	December 2002	The Commission plans to repeal this regulation in reliance a single regulation dealing with the commercial paper exemption.	G. Philip Rutledge [phone]
''Guaranties of debt securities exempt compensation'' 64 Pa. Code § 304.051 Proposed Rulemaking	December 2002	The Commission plans to amend this regulation to conform its requirements to the federal National Securities Markets Improvement Act of 1996.	G. Philip Rutledge [phone]
STATE
State Board of Accountancy--General Revisions-- 49 Pa. Code, Chapter 11. (16A-559)	Summer 2002, as Proposed.	The regulation would repeal outdated and unnecessary requirements; clarify certain issues relating to examination, certification and practice; and make editorial changes. Statutory Authority: Section 3 of the C.P.A. Law, 63 P. S. § 9.3(10)--(12).	Dorna Thorpe [phone]
State Architects Licensure Board--Examination Fees and Annual Filing Fee for Registered Architecture Firms-- 49 Pa. Code, Chapter 9. (16A-416)         --Firm practice-- 49 Pa. Code § 9.162 (16A-417)	Summer 2002, as Final.                   Summer 2002, as Proposed.	The regulation would modify the Board's regulations regarding examinations. The regulation also would provide for a $50 annual filing fee collected biennially for registered partnerships, professional associations, professional corporations or business corporations, which is permitted under the Architects Licensure Law, but has never been implemented. Statutory Authority: Sections 8 and 13(h) of the Law, 63 P. S. §§ 34.8, 34.13(h). The regulation would establish requirements for the practice of architecture as a limited liability company or limited liability partnership. Statutory Authority: 63 P. S. §§ 34.6(a) and 34.13(j).	Dorna Thorpe [phone]
State Board of Auctioneer Examiners-- Deletion of Reference to Examination Fees-- 49 Pa. Code § 1.41. (16A-645)	Summer 2002, as Proposed.	The regulation would delete references to examination fees. Statutory Authority: Section 6(a) of the Act, 63 P. S. § 734.6(a)	Tammy Radel [phone]
State Board of Barber Examiners-- Sanitation/General Revisions-- 49 Pa. Code, Chapter 3. (16A-424)   --Deletion of Examination Fees-- 49 Pa. Code, Chapter 3. (16A-425)	Summer 2002, as Final.           Summer 2002, as Proposed.	The Board proposes to revise and update its entire chapter and repeal antiquated provisions, particularly with regard to standards for disinfection and sanitation. Statutory Authority: Section 15-A.4(b) of the Barber License Law, 63 P. S. § 566.4(b).   The regulation would delete licensing examination fees. Statutory Authority: Section 14 of the Law, 63 P. S. § 564.	Sara Sulpizio [phone]
State Board of Chiropractic-- Chiropractic specialties-- 49 Pa. Code Ch. 5 (number not yet assigned)     --Adjunctive procedures-- 49 Pa. Code § 5.14 (number not yet assigned)     --Patient records-- 49 Pa. Code § 5.51 (number not yet assigned)	Summer 2002, as Proposed.             Summer 2002, as Proposed.       Summer 2002, as Proposed.	The Chiropractic Practice Act prohibits licensees from holding themselves out as specialists unless they possess a post-graduate certification in that specialty. See 63 P. S. §§ 625.506(a)(17) and 625.702(12). The regulation would identify the certifications acceptable to the Board. Statutory Authority: 63 P. S. § 625.302(3).   The regulation would clarify the types of procedures for which an adjunctive procedures certificate is required. Statutory Authority: 63 P. S. § 625.302(3).   The regulation would clarify the requirements for patient records. Statutory Authority: 63 P. S. § 625.302(3).	Deborah Smith [phone]
Commissioner, BPOA-- Schedule of Civil Penalties-- 49 Pa. Code § 43b.8 (16-29)	Summer 2002, as Proposed.	The regulation would amend the schedule of civil penalties for the Real Estate Commission that was initially published as a Statement of Policy and later codified as a regulation pursuant to Act 48 of 1993. Statutory Authority: 63 P. S. § 2205(a).	Cynthia K. Montgomery [phone]
Bureau of Commissions, Elections & Legislation-- Statewide Registry-- 4 Pa. Code, Chap. 183	Summer/Fall, as Final, Proposed- Omitted.	These regulations would create a Statewide Uniform Registry of Electors, as required by Act 3 of 2002. Statutory Authority: Section 2 of Act 3 of 2002.	L. Lawrence Boyle [phone]

 

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
State Board of Cosmetology-- Deletion of Examination Fees-- 49 Pa. Code § 7.2. (16A-4510)     --Sanitation/ Disinfection-- 49 Pa. Code §§ 7.90--7.101 (16A-454)     --General Revisions-- 49 Pa. Code §§ 7.1--7.142. (16A-459) (Includes previous 16A-457)       --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Fall 2002, as Final.           Fall 2002, as Proposed.             Winter 2002, as Proposed.               Summer 2002, as Statement of Policy.	The regulation would amend the Board's fee schedule by deleting references to examination fees, which are determined by contract. Statutory Authority: Sections 11 and 16 of the Law, 63 P. S. §§ 517, 522.     The proposed regulation would update the Board's sanitation and disinfection requirements for manicuring, cosmetician and cosmetology shops and schools. Statutory Authority: 63 P. S. §§ 517 and 520.   The Board plans a comprehensive amendment to Chapter 7 to bring existing regulations up-to-date and to clarify requirements for sanitation and the provisions of advanced aesthetic services. Statutory Authority: Section 11 of the Law, 63 P. S. § 517.   The regulation would establish a schedule of Act 48 of 1993 civil penalties for violations of the Beauty Culture Law and the Board's regulations. Statutory Authority: Section 5(a) of the Act, 63 P. S. § 2205(a).	Sara Sulpizio [phone]
State Board of Dentistry-- Administration of General Anesthesia, Conscious Sedation and Nitrous Oxide/Oxygen Analgesia-- 49 Pa. Code §§ 33.331--33.344. (16A-4610)         --Sexual Misconduct-- 49 Pa. Code, Chapter 33. (16A-4613)             --Update of Application Fee for Dental Radiology-- 49 Pa. Code, Chapter 33. (16A-4611)         --Expanded Function Dental Assistants-- 49 Pa. Code § 33.103. (16A-4612)	Fall 2002, as Final.                   Summer 2002, as Proposed.                Fall 2002, as Final.           Summer 2002, as Proposed.	This regulation would amend requirements for administration of anesthesia/analgesic in response to a Commonwealth Court case and legislative concerns. Statutory Authority: Section 3(o) of the Dental Law, 63 P. S. § 122(o).         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 of a sexual nature which the Board deems unprofessional when occurring or resulting from a professional relationship. Statutory Authority: Section 3(o) of the Law, 63 P. S. § 122(o).   This regulation would amend the Board's fee schedule to reflect the actual cost incurred by the Board to authorize applicants to perform radiologic services. Statutory Authority: Section 3(o) of the Law, 63 P. S. § 122(o).   This regulation would eliminate the clinical examination component with respect to expanded function dental assistants. Statutory Authority: Section 3(o) of the Law, 63 P. S. § 122(o).	Lisa Burns [phone]
State Board of Funeral Directors-- Unprofessional Conduct-- 49 Pa. Code § 13.201, 202. (16A-483)         --Advertising-- 49 Pa. Code §§ 13.191 to 13.196 (16A-484)       --Application-- 49 Pa. Code, Chap. 13 (16A-485) --Facility-- 49 Pa. Code, Ch. 13 (16A-486)   --Qualifications-- 49 Pa. Code, Ch. 13 (16A-487)	Summer 2002, as Proposed.               Fall 2002, as Proposed.           Summer 2002, as Proposed.     Fall 2002, as Proposed.       Fall 2002, as Proposed.	The amendment would add to the Board's standards of practice and conduct. Statutory Authority: Section 16(a) of the Law, 63 P. S. § 479.16(a).         The amendments would update the Board's regulations related to advertising. Statutory authority: Section 16(a) of the Law, 63 P. S. § 479.16(a).   This regulation revises the procedures for applying for licensure as a funeral establishment. Statutory authority: 63 P. S. § 479.16(a).   The amendments would update facility requirements for funeral establishments. Statutory authority: 63 P. S. § 479.16(a).   The amendments would update qualifications for licensure under the Act. Statutory authority: 63 P. S. § 479.16(a).	Michelle Demerice [phone]
--Supervisor-- 49 Pa. Code, Chap. 13 (16A-488)   --Continuing Education-- 49 Pa. Code, Ch. 13 (16A-489)         --Limited License-- 49 Pa. Code §§ 13.1, 13.12, and 13.77 (16A-4810)         --Renewal fees-- 49 Pa. Code § 13.12 (16A-4811)	Summer 2002, as Proposed.         Summer 2002, as Proposed.             Summer 2002, as Proposed.             Summer 2002, as Proposed	This regulation amends the procedures for licensure as a supervisor and clarifies the responsibilities of a funeral supervisor. Statutory authority: 63 P. S. § 479.16(a).   This regulation is being promulgated to comply with the requirement of Act 48 of 2000 that the Board promulgate regulations to implement continuing education, as now required by Section 10(b) of the Law. Statutory Authority: 63 P. S. § 479.10(b).   This regulation is being promulgated to implement Act 48 of 200 that authorized the Board to enter into agreements with other states to issue limited licenses to funeral directors from other states. Statutory Authority: 63 P. S. § 479.9(c).   This regulation would update the Board's biennial renewal fee. Statutory Authority: 63 P. S. § 479.10(a).
State Board of Landscape Architects-- Deletion of Reference to Examination Fees-- 49 Pa. Code § 15.12. (16A-616)     --General Revisions-- 49 Pa. Code, Chapter 15. (Number not yet assigned)	Fall 2002, as Proposed.             Fall 2002, as Proposed.	The regulation would delete references to examination fees. Statutory Authority: Section 4(2) of the Law, 63 P. S. § 904(2).         The regulation would entail general revisions of the Board's current regulations. Statutory Authority: 63 P. S. § 904(9).	Shirley Klinger [phone]
State Board of Medicine-- General Delegation-- 49 Pa. Code, Chap. 16 (16A-4912)   --Sexual Misconduct-- 49 Pa. Code, Chap. 16 (16A-497)               --Continuing Medical Education-- 49 Pa. Code, Chap. 16 (16A-4914)	Fall 2002, as Final.           Summer 2002, as Final.                   Fall/Winter 2002, as Proposed.	This regulation would establish standards for the delegation of medical services to qualified personnel. Statutory Authority: Section 17(b) of the Medical Practice Act, 63 P. S. § 422.17(b).   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 of a sexual nature which the Board deems unprofessional when occurring or resulting from a professional relationship. Statutory Authority: Section 8 of the Act, 63 P. S. § 422.8.   This regulation would implement the act of March 20, 2002 (P. L. __, No. 13) (Act 13). Act 13 requires the Board to promulgate regulations establishing CME requirements for physicians, including training in patient safety and risk management. Statutory Authority: Section 910 of Act 13.	Joanne Troutman [phone]
--License Renewal Fees-- 49 Pa. Code § 16.13 (16A-4913)       --Athletic Trainers-- 49 Pa. Code, Chap. 16 (16A-4915)	Summer 2002, as Final, Proposed-Omitted Regulation.       Fall 2002, as Proposed.	Act 13 of 2002 will significantly increase the Board's operating expenses, requiring the Board to raise the renewal fee from $125 to $360 to cover its increased costs. Statutory Authority: 63 P. S. § 422.6.   This regulation would implement Act 92 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (athletic trainers had formerly been overseen by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92, 63 P. S. §
Navigation Commission for the Delaware River and Its Navigable Tributaries-- General Revisions-- 13 Pa. Code, Chapters 201-209. (16A-662)	Summer 2002, as Final	Comprehensive revisions would enhance navigational safety, eliminate obsolete regulations and reflect statutory changes. Statutory Authority: 55 P. S. § 31 and 71 P. S. § 670.2(4).	L. Lawrence Boyle [phone]
State Board of Nursing-- RN General Revisions-- 49 Pa. Code §§ 21.1--21.126. (16A-516)       --Conscious Sedation-- 49 Pa. Code § 21.14. (16A-5114)     --Oral Orders-- 49 Pa. Code §§ 21.14; 21.145. (16A-5115)     --CRNP Programs-- 49 Pa. Code §§ 21.260-278, 286-289. (16A-5119)       --Update of CRNP Prescriptive Authority Fees-- 49 Pa. Code § 21.253. (16A-5116)	Summer 2002, as Final.             Summer 2002, as Proposed.         Summer 2002, as Final.           Fall/Winter 2002, as Proposed.         Summer 2002, as Proposed.	This regulation would update or repeal outdated provisions pertaining to registered nurses and consolidate all regulatory provisions pertaining to registered nurse education programs. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).   This regulation would embody the statement of policy on conscious sedation at 49 Pa. Code § 21.413(d). Statutory Authority: Section 2.1(k) of the Law, 63 P. S. § 212.1(k).   This regulation would delete the prohibition on LPNs accepting oral orders in other than urgent circumstances. Statutory Authority: Section 2.1(k) of the Law, 63 P. S. § 212.1(k), and Section 17.6 of the Practical Nurse Law, 63 P. S. § 667.6.   This regulation would establish requirements for CRNP education programs approved by the Board. Statutory Authority: Section 2.1(k) of the Professional Nursing Law, 63 P. S. § 212.1(k).   This regulation would revise the Board's schedule of fees to reflect the actual cost of the services provided. Statutory Authority: Section 11.2 of the Law, 63 P. S. § 221.2.	Ann Steffanic [phone]
--CRNP Prescriptive Authority Continuing Education-- 49 Pa. Code § 21.253. (16A-5117)       --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Summer 2002, as Proposed.             Summer 2002, as Statement of Policy.	This regulation pertains to continuing education requirements associated with the prescriptive authority of CRNPs. Statutory Authority: Section 2.1(k) of the Law, 63 P. S. § 212.1(k).     The regulation would establish a schedule of Act 48 of 1993 civil penalties for violations of the Professional Nursing Law. Statutory Authority: 63 P. S. §§ 225.4 and 664(4).
State Board of Examiners of Nursing Home Administrators-- Deletion and Correction of Fees-- 49 Pa. Code § 39.72. (16A-628)--	Summer 2002, as Proposed.	This regulation would delete licensing examination fees. Statutory Authority: Section 4(c) of the Nursing Home Administrators Licensing Act, 63 P. S. § 1104(c).	Christina Stuckey [phone]
--Requirements for Admission to Examination-- 49 Pa. Code § 39.5. (16A-627)	Summer 2002, as Proposed.	This regulation would update and revise the requirements for admission to the licensing examination. Statutory Authority: Section 4(c) of the Act, 63 P. S. § 1104(c).
State Board of Occupational Therapy Education and Licensure-- Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Summer 2002, as Statement of Policy.	The regulation would establish a schedule of Act 48 of 1993 civil penalties for violations of the Occupational Therapy Practice Act and Board's regulations. Statutory Authority: Section 5(b) of the Act, 63 P. S. § 1505(b).	Lisa Burns [phone]
State Board of Optometry-- General Revisions-- 49 Pa. Code §§ 23.1, 23.33, 23.34, 23.42, 23.64, 23.71. (16A-528)	Winter 2002, as Proposed.	The Board proposes general revisions to its current regulations, including requirements that must be met for contact lens prescriptions provided at the discretion of the licensee. Statutory Authority: Sections 3(a)(2.1) and (b)(14) of the Optometric Practice and Licensure Act, 63 P. S. §§ 244.3(a)(2.1), (b)(14).	Deborah Smith [phone]
--Continuing Education-- 49 Pa. Code, §§ 23.82, 23.83, 23.87 (16A-529)	Fall 2002, as Proposed.	This regulation would amend the continuing education requirements of licensees. Statutory Authority: Section 3(b)(12) and Section 4.1(b) of the Act, 63 P. S. §§ 244.3(b)(12), 244.4a(b).
State Board of Osteopathic Medicine-- Sexual Misconduct-- 49 Pa. Code, Chapter 25. (16A-539)	Fall 2002, as Final.	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 of a sexual nature which the Board deems unprofessional when occurring or resulting from a professional relationship. Statutory Authority: Section 16 of the Osteopathic Medical Practice Act, 63 P. S. § 271.16.	Gina Bittner [phone]
--Continuing Medical Education-- 49 Pa. Code, Chap. 16 (16A-5313)         --License Renewal Fees-- 49 Pa. Code § 16.13 (16A-5311)       --Athletic Trainers-- 49 Pa. Code, Chap. 16 (16A-5312)         --Delegation-- 49 Pa. Code, Chap. 16 (number not yet assigned)	Fall/Winter 2002, as Proposed.           Summer 2002, as Final, Proposed- Omitted.       Fall 2002, as Proposed.             Summer 2002, as Proposed.	This regulation would implement the act of March 20, 2002 (P. L. __, No. 13) (Act 13). Act 13 requires the Board to promulgate regulations requiring osteopathic physicians to complete CME in patient safety and risk management. Statutory Authority: Section 910 of Act 13.   Act 13 of 2002 will significantly increase the Board's operating expenses, requiring the Board to raise the renewal fee from $140 to $440 to cover its increased costs. Statutory Authority: 63 P. S. § 271.13a.   This regulation would implement Act 92 of 2001, which gave the Medical and Osteopathic Boards jurisdiction over athletic trainers (athletic trainers had formerly been overseen by the State Board of Physical Therapy). Statutory Authority: Section 3 of Act 92, 63 P. S. §    This regulation would establish standards for the delegation of osteopathic medical services to qualified personnel. Statutory Authority: 63 P. S. § 271.16.
State Board of Pharmacy-- Technology Regulations-- 49 Pa. Code, Chapter 27. (16A-5410)	Fall 2002, as Proposed.	The proposal would address issues raised by new technology now available in the field of pharmacy to allow the use of such technology while ensuring consumer safety. Statutory Authority: Sections 4(j) and 6(k)(1) and (9) of the Act, 63 P. S. §§ 390-4(j), 390-6(k)(1), (9).	Melanie Zimmerman [phone]
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. (16A-659)     --Sexual Misconduct-- 49 Pa. Code, Chapter 40. (16A-656)               --Authorization to Practice Physical Therapy Without a Referral-- 49 Pa. Code Chap. 40 (number not yet assigned)	Summer 2002, as Proposed.               Summer 2002, as Final.                 Fall/Winter 2002, as Proposed.	The regulation would correct and revise existing regulations regarding physical therapists. Statutory Authority: Section 3(a) of the Physical Therapy Practice Act, 63 P. S. § 1303(a).         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 of a sexual nature which the Board deems unprofessional when occurring or resulting from a professional relationship. Statutory Authority: Sections 3, 5 and 10.2 of the Act, 63 P. S. §§ 1303, 1305 and 1310.2.   This regulation would implement the act of Feb. 21, 2002 (P. L.___, No. 6) (Act 6), which enables licensees to seek a certificate of authorization to practice physical therapy without a referral from a physician. Statutory Authority: Section 2 of Act 6 of 2002; 63 P. S. § 1303.	J. Robert Kline [phone]
State Board of Podiatry-- Update of Biennial Renewal Fees-- 49 Pa. Code, Chapter 29. (16A-445)                     --Continuing Education-- 49 Pa. Code, Chapter 29. (16A-446)	Summer 2002, as Final.                           Summer 2002, as Proposed.	This regulation would increase the biennial license renewal from $175 to $395. Section 14(a) of the Act requires the Board to increase fees by regulation if the revenues raised by fees, fines and civil penalties are not sufficient to meet expenditures over a two-year period. Section 14(b) of the Act requires the Board to increase fees by regulation in the amount that adequate revenues are raised to meet the required enforcement efforts, when the fees established by the Board are inadequate to meet the minimum enforcement efforts required by the Act. Statutory Authority: Sections 14(a) and (b) of the Act, 63 P. S. §§ 42.14(a), (b).   This regulation would amend the current continuing education provision at 49 Pa. Code § 29.61 to include pre-approved course providers. Statutory Authority: Section 9 and 9.1 of the Act, 63 P. S. §§ 42.9 and 42.9a.	Gina Bittner [phone]
State Board of Psychology-- Computerized Examination-- 49 Pa. Code §§ 41.41, 41.42. (16A-6310)     --Ethics Principles-- 49 Pa. Code § 41.61. (Number not yet assigned.)   --Doctoral Degrees in Psychology-- 49 Pa. Code § 41.31 (16A-6313)	Summer 2002, as Final.             Fall 2002, as Proposed.     Fall 2002, as Proposed.	This regulation would update current regulations at Sections 41.41 and 41.42 to reflect changes associated with the computerization of the national and state examinations. Statutory Authority: Section 3.2 of the Act, 63 P. S. § 1203.2(2).     This regulation would amend Principles 2(b) and 7(i) of the Board's Code of Ethics. Statutory Authority: 63 P. S. 1203.2(2).   This proposed regulation would address the accreditation requirements for doctoral degrees in fields related to psychology. Statutory Authority: 63 P. S. §§ 1203.2(1) and 1206(a)(2)(ii).	Christina Stuckey [phone]
State Board of Certified Real Estate Appraisers-- Experience Options for Certification, Duties of Supervising Appraiser-- 49 Pa. Code §§ 36.13 and 36.14. (16A-706)	Summer 2002, as Proposed.	The regulation would revise qualifying experience for certification as an appraiser; impose supervisory and record-keeping duties on appraisers who supervise appraisal assistants; and require appraisal reports submitted as qualifying experience to conform to the Uniform Standards of Professional Appraisal Practice (USPAP). The regulations are consistent with standards established for state appraiser boards by the federal Appraiser Qualification Board (AQB). Statutory Authority: Section 5(2) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.5(2).	Michelle Demerice [phone]
--Standards of Practice-- 49 Pa. Code § 36.51. (16A-7012)         --Update of Application and Related Fees-- 49 Pa. Code § 36.6. (16A-7011)   --Continuing Education-- 49 Pa. Code § 36.41. (Number not yet assigned)           --Biennial Renewal Fee-- 49 Pa. Code § 36.6. (Number not yet assigned)         --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Summer 2002, as Proposed.           Summer 2002, as Final.       Fall 2002, as Final, Proposed- Omitted             Summer 2002, as Proposed.             Summer 2002, as Statement of Policy.	The regulation would require all certified general appraisers, residential appraisers and broker/appraisers to comply with the USPAP unless the Board has adopted supplemental practice standards. Statutory Authority: Section 5(2) of the Act, 63 P. S. § 457.5(2).   The regulation would revise the Board's schedule of fees to reflect the actual costs of the services provided. Statutory Authority: Section 9 of the Act, 63 P. S. § 457.9.   The regulation would establish continuing education requirements for broker/appraisers pursuant to Act 103 of 2000 and revise existing continuing education requirements for appraisers pursuant to mandatory directives of the federal Appraiser Qualifications Board. Statutory Authority: Section 10(b) of the Real Estate Appraisers Certification Act, 63 P. S. § 457.10(b).   The regulation would establish a biennial renewal fee for broker/appraisers and a revised biennial renewal fee for broker/appraisers and revised biennial renewal fees for other certificate holders of the Board. Statutory Authority: Sections 5(6), 9 of the Real Estate Appraisers Certification Act, 63 P. S. §§ 457.5(6) and 457.9.   The regulation would establish a schedule of Act 48 of 1993 civil penalties for violations of the Real Estate Appraisers Certification Act and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).
State Real Estate Commission-- Education-- 49 Pa. Code, Chapter 35. (16A-561)   --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Summer 2002, as Proposed.         Summer 2002, as Statement of Policy.	This regulation proposes changes to the current pre-Licensure and continuing education requirements and adds distance education. Statutory Authority: Section 404.1(a) of the Act, 63 P. S. §§ 455.404a.(a).   The regulation would establish a schedule of Act 48 of 1993 civil penalties for violations of the Real Estate Licensing and Registration Act and the Commission's regulations. Statutory Authority: Section 5(a) of the Act, 63 P. S. § 2205(a).	Deborah Sopko [phone]

 

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors-- Update of Existing Fees and Establishment of Fees for New Licensure Classes-- 49 Pa. Code, Ch. 47. (16A-695)	Summer 2002, as Final.	The regulation would update the schedule of fees for Licensed Social Workers and Continuing Education providers and establishes fees for Licensed Clinical Social Workers, Marriage and Family Therapists and Professional Counselors. Statutory Authority: Section 18(c) of the Act, 63 P. S. § 1918(c).	Clara Flinchum [phone]
--Exemption from Exam Requirement-- 49 Pa. Code § 49.15 (16A-696)	Summer 2002, as Final-Omitted	The regulation would exempt from the examination requirement applicants for licensure who are certified as Master Addiction Counselors by the National Association of Alcoholism and Drug Abuse Counselors (NAADAC). Statutory Authority: 63 P. S. §§ 1906(2) and 1909(c).
State Board of Examiners in Speech--Language and Hearing-- Continuing Education-- 49 Pa. Code, Chapter 45. (Number not yet assigned)--     Assistant Regulations-- 49 Pa. Code §§ 45.301---308. (16A-6801)   --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Fall 2002, as Proposed.             Fall 2002, as Proposed.       Summer 2002, as Statement of Policy.	This regulation would establish continuing education requirements to comply with Act 71 of 2000. Statutory Authority: Section 5(7) of the Speech-Language and Hearing Licensure Act, 63 P. S. § 1705(7).     This amendment would update the regulatory provisions pertaining to assistants. Statutory Authority: Section 5(8) of the Act, 63 P. S. § 1705(8).   The regulation would establish a schedule of Act 48 of 1993 civil penalties for violations of the Speech-Language and Hearing Licensure Act and the Board's regulations. Statutory Authority: Section 5(2) of the Act, 63 P. S. § 1705(2).	Clara Flinchum [phone]
State Board of Vehicle Manufacturers, Dealers and Salespersons-- Consignment Sales-- 49 Pa. Code § 19.19. (16A-601) --General Revisions-- 49 Pa. Code § 19.1 et seq. (16A-602)     --Auction License-- 49 Pa. Code § 19.21. (16A-603)       --Display Requirements-- 49 Pa. Code § 19.18. (16A-604)	Winter 2002, as Proposed.           Summer 2002, as Final.       Summer 2002, as Proposed.           Summer 2002, as Proposed.	This regulation would set forth the standards by which dealers may engage in consignment sales. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).     This regulation would update the Board's regulations consistent with the 1996 amendments to the Act. Statutory Authority: Section 4(9) of the Act, 63 P. S. § 818.4(9).   This regulation would set out standards for licensure as a vehicle auction, a new category of licensure created by the 1996 amendments to the Act. Statutory Authority: Section 4(9) of the Act, 63 P. S. § 818.4(9).   This regulation would create an exception in the Board's regulations to permit a vehicle dealer to display up to five vehicles in a non-conforming area so long as the public is not permitted to enter the non-conforming area. Statutory Authority: Section 4(9) of the Act, 63 P. S. § 818.4(9).	Teresa Woodall [phone]
--Unlicensed Locations-- 49 Pa. Code § 19.18. (16A-605)                   --Emergency Vehicles-- 49 Pa. Code Ch. 19 (16A-606)     --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-29)	Winter 2002, as Proposed.                     Fall 2002, as proposed.         Summer 2002, as Statement of Policy.	This regulation would define the term ''display'' as used in the Act to be consistent with the Commonwealth Court's holding in Spankey Auto Sales, 773 A.2d 206 (Pa. Cmwlth. Ct. 2001). The regulation permits vehicle dealers to (1) display a single vehicle, or series of single vehicles, at an unlicensed location if no sales activity is occurring at that location and (2) store vehicles at an unlicensed location if no sales activity is occurring at that location. Statutory Authority: 63 P. S. §§ 818.2, 818.4(4), 818.4(9), and 818.5(e).   The proposed regulation would exempt dealers of emergency vehicles from complying with display area regulations. Statutory Authority: 63 P. S. § 818.4(9).   The regulation would establish a schedule of Act 48 of 1993 civil penalties for violations of the Board of Vehicles Act and the Board's regulations. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).
State Board of Veterinary Medicine-- Prescription Drugs-- 49 Pa. Code § 31.21, Principle 8. (16A-5712)	Summer 2002, as proposed.	This regulation would require veterinarians to meet specified standards regarding dispensing, packaging and labeling of prescription drugs and will mandate that veterinarians use only current, unexpired drugs. Statutory Authority: Section 5(1) and (2) of the Act, 63 P. S. §§ 485.5(1), 485.5(2).	J. Robert Kline [phone]
STATE EMPLOYEES' RETIREMENT SYSTEM
Revisions to Optional Alternate Retirement Program Regulations: 4 Pa. Code § 249.58	Winter 2002	Amend to eliminate language that permits current members of SERS to withdraw from SERS to join an alternate retirement plan established under Act 2001-35.	Brian McDonough Sean Sanderson 787-6293
STATE POLICE
Vehicle Code Regulations, Title 75, Section 3328	The proposed regulation is expected to be completed and approved in final form by December 2003.	Promulgate regulations for the use of unmarked vehicles by police officers. The regulation establishes the procedure to be used by a police officer in an unmarked vehicle when stopping a motorist, require the use of audible and visual signals which meet the requirements and standards set forth in this title, establish requirements for the wearing of an official police uniform and display of official police identification.	Major Jeffrey B. Miller [phone]
Crimes Code Regulations, Title 18, Section 5704 (16) and 5706	The proposed regulation is expected to be completed and approved in final form by December 2003.	Promulgate regulations in consultation with the Attorney General setting forth the procedures to be followed by law enforcement officers regarding the interception, maintenance and destruction of recordings made under 5704 (16).	Major Jeffrey B. Miller [phone]
TRANSPORTATION
177--Emission Inspection	July 2001	This regulation is currently under review and amendments are being drafted to address anticipated program changes.	Mark Navarro 717-783-8750
178--Enhanced Emission Inspection	July 1997	This regulation was reviewed in its entirety in 1997. It was repealed in October 97. Chapter is reserved.	Mark Navarro 717-783-8750
43--Temporary Registration Cards and Plates	April 2000	Due to changes in the temporary plate issuance program, revision will be required. Revisions have been advanced for consideration. Revisions currently in the Office of Chief Counsel.	Mark Navarro 717-783-8750
171--School Buses and School Vehicles	November 2001	This regulation was published in the PA Bulletin, March 16, 2002. This Regulation is anticipated to be fully promulgated by August 2002. IRRC has reviewed this Regulation and we are in the process of responding to their comments.	Mark Navarro 717-783-8750
175--Vehicle Equipment and Inspection	September 2001	Notice of intent to change was published July 2001. Comments received as a result of notice of intent indicate stakeholder input is needed before proceeding with notice of proposed rulemaking.	Mark Navarro 717-783-8750
73--Photographic Driver's License	September 1996	Sixty percent of this regulation has been reviewed. At this point, it is recommended that the regulation be repealed.	Mark Navarro 717-783-8750
75--Driver's License Exam	September 1996	Eighty percent of this regulation has been reviewed. No additional review required.	Mark Navarro 717-783-8750
79--Restrictions on Driver's License	October 1996	Twenty-five percent of this regulation has been reviewed--amendments are called for. This regulation should be reviewed every two years by the Medical Advisory Board.	Mark Navarro 717-783-8750
21--Odometer Read Disclosure Statements	December 1998	This regulation has been reviewed in its entirety as of December 1998. This regulation is recommended for full review in 2003.	Mark Navarro 717-783-8750
23--Delivery of Certificates of Title	April 2001	This regulation is recommended for full review in 2003.	Mark Navarro 717-783-8750
53--Manufacturers, Dealers and Misc. Motor Vehicle Business Registration Plates	December 2001	Legal Counsel is reviewing this regulation. Recommended for full review in 2002.	Mark Navarro 717-783-8750
95--Sale, Publication or Disclosure of Driver, Vehicle & Accident Records and	Information 2000	This regulation has been reviewed in its entirety as of June 2002. Chapter 95 is recommended for amendment. This regulation is recommended for full review in 2004.	Mark Navarro 717-783-8750
157--Established Sound Levels	December 1998	This regulation is recommended for review in 2002. This will be reviewed by 12/02 for possible changes.	Mark Navarro 717-783-8750
159--New Pneumatic Tires	December 1998	This regulation has been reviewed in its entirety as of December 1998.	Mark Navarro 717-783-8750
161--Glazing Materials	December 1998	This regulation has been reviewed in its entirety as of December 1998.	Mark Navarro 717-783-8750
163--Warning Devices	December 1998	This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
165--Slow Moving Vehicle Identification Emblem	December 1998	This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
169--Diesel Smoke Measurement Procedure	December 1998	This regulation is recommended for full review when EPA establishes cost effective means to test.	Mark Navarro 717-783-8750
227--Seizure of Registration Plate and Card and Driver License	December 1998	This regulation has been reviewed in its entirety as of December 1998. This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
251--Location of Replacement Vehicle Identification Number (VIN) Plates	December 2001	This regulation is recommended for full review in 2003.	Mark Navarro 717-783-8750
13--Special Mobile Equipment	December 2000	This regulation is scheduled for full review in 2002.	Mark Navarro 717-783-8750
17--Authorization to Verify ID Numbers	November 2000	This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
11--Implements of Husbandry	November 2000	This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
19--Specially Constructed Vehicles and Street Rods	December 1998	This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
41--Registration Criteria	December 2001	This regulation is recommended for full review in 2003.	Mark Navarro 717-783-8750
47--Display of Registration Plates	January 2000	This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
49--Personal Plates	November 2000	This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
51--Transfer, Exchange & Reclassification of Registration	November 2000	This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
55--Registration Class Stickers	May 2001	Recommended for full review in 2003.	Mark Navarro 717-783-8750
57--Staggered Registration	May 2001	This regulation is recommended for full review in 2003.	Mark Navarro 717-783-8750
59--Confidential Registration	October 2000	This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
60--Permanent Registration of Fleet Vehicles	December 2000	Amendments prepared and are to be forwarded for review in 2002.	Mark Navarro 717-783-8750
63--Proportional Registration of Fleet Vehicles	December 2000	Amendments prepared and are to be forwarded for review in 2002.	Mark Navarro 717-783-8750
65--Permit Agents	May 2001	This regulation is recommended for full review in 2003.	Mark Navarro 717-783-8750
67--Antique and Classic Vehicles	June 2000	This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
69--Temporary Weight Increase Registration Permits	My 2001	This regulation is recommended for full review in 2003.	Mark Navarro 717-783-8750
71--School Bus Drivers	November 2001	The regulation was published in the PA Bulletin, March 16, 2002. This Regulation is anticipated to be fully promulgated by August 2002. IRRC has reviewed this Regulation and we are in the process of responding to their comments.	Mark Navarro 717-783-8750
81--Reports to Bureau of Driver Licensing	December 2000	This regulation has been reviewed in its entirety as of June 2002. This regulation is recommended for full review in January 2004.	Mark Navarro 717-783-8750
83--Physical & Mental Criteria--Including Vision Standards Relating to the Licensing of Drivers	November 2001	This regulation is scheduled for notice publication in 2002. The draft is being reviewed by the Office of Chief Counsel and the program area.	Mark Navarro 717-783-8750
84--Dual Control Learner's Permit	December 2000	This regulation has been reviewed in its entirety as of December 2000. This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
85--Actual Name on Certificate of Title, Driver's License, and ID Card	November 1997	Sixty percent of this regulation was reviewed at this point it was determined that the correct course of action was to repeal this regulation.	Mark Navarro 717-783-8750
87--Special Driver Exam	December 2000	This regulation has been reviewed in it entirety as of December 2000. This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
89--Receipt of Driver's License	December 2000	This regulation has been reviewed in its entirety as of June 2002. This regulation is recommended for full review in 2004.	Mark Navarro 717-783-8750
91--ID Cards	December 2000	This regulation has been reviewed in its entirety as of December 2000. This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
93--Surrender & Cancellation of Driver's License	December 2000	Full review completed in 2000; next review should be 2002.	Mark Navarro 717-783-8750
97--Proof of Payment of Federal Heavy Vehicle Use Tax	May 2001	This regulation is recommended for full review in 2003.	Mark Navarro 717-783-8750
105--Mechanical Electrical and Electronic Speed Timing Devices	December 1998	This regulation is recommended for full review in 2003.	Mark Navarro 717-783-8750
107--Motor Cycle Helmets	December 2000	This regulation has been reviewed in its entirety as of December 2000. This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
153--Lamps, Reflective Devices & Associated Equipment	December 1998	This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
155--Use & Display of Illuminated Signs	December 1998	This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
167--Portable Emergency Warning Devices	December 1998	This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
173--Flashing or Revolving Lights on Emergency and Authorized Vehicles	December 1998	This regulation is for review in 2003. Review will be done by PSP & PENNDOT.	Mark Navarro 717-783-8750
195--Tow Truck ID Signs	December 2001	This regulation is recommended for full review in 2003.	Mark Navarro 717-783-8750
207--Retention of Records	December 2000	This regulation is recommended for full review in 2004.	Mark Navarro 717-783-8750
219--Proof of Financial Responsibility	January 1999	This regulation has been recommended for full review in 2002.	Mark Navarro 717-783-8750
221--Obligations of Insurer and Vehicle Owner	January 2000	This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
223--Self Insurance	December 2000	This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
225--Installment Payment of Judgments	December 2000	This regulation has been reviewed in its entirety as of December 2000. Recommend Chapter 225 for amendment. This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
253--Salvors	February 2000	This regulation is recommended for full review in 2002.	Mark Navarro 717-783-8750
255--Messenger Services	June 2000	This regulation is currently being reviewed. Amendments will be required	Mark Navarro 717-783-8750
401--Mobile Home Titling	May 2001	Amendments to be prepared and forwarded for review.	Mark Navarro 717-783-8750
179--Oversize & Overweight Loads & Vehicles	January 2000	Complete--no action required	Dan Smyser 717-787-7445
181--Hold Down and Tie-Down Devices for Junked Vehicle Hulks	January 2000	Complete--To be published as proposed deletion in approximately 12/02	Dan Smyser 717-787-7445
183--Hold-Down and Tie-Down Devices for Metal Cargo and Logs	January 2000	Complete--To be published as proposed deletion in approximately 12/02	Dan Smyser 717-787-7445
185--Axle Weight Table	January 2000	Complete--no action required	Dan Smyser 717-787-7445
187--Movement of Special Vehicles Upon State Highways	January 2000	Complete--no action required	Dan Smyser 717-787-7445
189--Hauling in Excess of Posted Weight Limit	January 2000	Complete--no action required	Dan Smyser 717-787-7445
191--Authorization to Use Bridges Posted Due to Traffic Conditions	January 2000	Complete--no action required	Dan Smyser 717-787-7445
193--Authorization to Use Highways Posted Due to Traffic Conditions	January 2000	Complete--no action required	Dan Smyser 717-787-7445
209--Requests for Reasonable Access to the Designated Network	January 2000	Complete--no action required	Dan Smyser 717-787-7445
213--Snow Emergency Routes	January 2000	Complete--no action required	Dan Smyser 717-787-7445
229--Interstate Motor Carrier Safety Requirements	December 1996	Complete--need to develop rulemaking notice due to changes in Federal Motor Carrier Safety Regulations. Anticipate proposed rulemaking approximately 12/02.	Dan Smyser 717-787-7445
231--Intrastate Motor Carrier Safety Requirements	December 1996	Complete--need to develop rulemaking notice due to changes in Federal Motor Carrier Safety Regulations. Anticipate proposed rulemaking approximately 12/02.	Dan Smyser 717-787-7445
403--Hazardous Materials Transportation	August 1996	Complete--need to develop rulemaking notice due to changes in Federal Motor Carrier Safety Regulations. Anticipate proposed rulemaking approximately 12/02.	Dan Smyser 717-787-7445
441--Access to & Occupancy of Highways by Driveways & Local Roads	December 1996	Complete--need to finalize details of proposed rulemaking. Anticipate publication approximately 12/02.	Dan Smyser 717-787-7445
443--Roadside Rest Area	February 1997	Complete--no further action.	Dan Smyser 717-787-7445
453--Distribution of Highway Maintenance Funds	December 1996	Complete--This regulation was deleted on 12/08/01.	Dan Smyser 717-787-7445
459--Occupancy of Highways by Utilities	June 1996	Complete--no further action.	Dan Smyser 717-787-7445
15--Authorized Vehicles and Special Operating Privileges	January 2000	Complete--some changes are recommended. Anticipate preparing proposed rulemaking by approximately 6/02.	Art Breneman 717-787-3620
77--Equipment and Training Required for Administering Chemical Tests	January 2000	Complete--no action required at this time.	Art Breneman 717-787-3620
101--Authorizing Appropriately Attired Persons to Direct, Control or Regulate Traffic	January 2000	Complete--some editing may be proposed.	Art Breneman 717-787-3620
103--Vehicles Required to Stop at Railroad Crossings	January 2000	Complete--This chapter will be published as proposed deletion.	Art Breneman 717-787-3620
104--School Bus Loading Zones	January 2000	Complete--some changes will be proposed.	Art Breneman 717-787-3620
201--Engineering & Traffic Studies	December 1998	Complete--This chapter to be published as proposed deletion approximately 12/02.	Art Breneman 717-787-3620
203--Work Zone Traffic Control	December 1998	Complete--This chapter to be published as proposed deletion approximately 12/02.	Art Breneman 717-787-3620
205--Municipal Traffic Engineering Certification	January 2000	Complete--no action required	Art Breneman 717-787-3620
211--Official Traffic Control Devices	December 1998	Complete--This chapter to be published as proposed deletion approximately 12/02.	Art Breneman 717-787-3620
215--Special Highway Conditions	January 2000	Complete--awaiting development of repeal.	Art Breneman 717-787-3620
217--Posting of Private Parking Lots	January 2000	Complete--no action required	Art Breneman 717-787-3620
447--Hazardous Walking Routes	January 2000	Complete--no action required	Art Breneman 717-787-3620
457--Pre-qualification of Bidders	October 2000	Complete--Notice of proposed rulemaking is on hold.	Art Breneman 717-787-3620
445--Outdoor Advertising Devices	November 2000	Complete--changes adopted on 7/28/01. No further action required.	Art Breneman 717-787-3620
451--Control of Junkyards & Automotive Dismantlers & Recyclers	November 2000	Complete--no action required	Art Breneman 717-787-3620
455--Consultant Highway Design Errors	February 2000	Complete--awaiting development of repeal rulemaking. Anticipate publication approximately 6/02.	Art Breneman 717-787-3620
495--Leasing of Real Property	November 2000	Complete--no action required	Art Breneman 717-787-3620
471--Airport Rating and Licensing	April 1997	The Bureau of Aviation is putting the finishing touches on its recommended changes to the regulation. The proposed regulation has been shared with key customers to obtain their input prior to publication in the Pennsylvania Bulletin for the official comment period. Scheduled publication will be August-September 2002.	Kathy Reitz 717-705-1234
473--Aviation Development Grants	April 1997	The Bureau of Aviation is putting the finishing touches on its recommended changes to the regulation. The proposed regulation has been shared with key customers to obtain their input prior to publication in the Pennsylvania Bulletin for the official comment period. Scheduled publication will be August-September 2002.	Kathy Reitz 717-705-1234
477--Local Real Estate Tax Reimbursement	April 1997	The Bureau of Aviation is putting the finishing touches on its recommended changes to the regulation. The proposed regulation has been shared with key customers to obtain their input prior to publication in the Pennsylvania Bulletin for the official comment period. Scheduled publication will be August-September 2002.	Kathy Reitz 717-705-1234
479--Obstruction to Aircraft	April 1997	The Bureau of Aviation is putting the finishing touches on its recommended changes to the regulation. The proposed regulation has been shared with key customers to obtain their input prior to publication in the Pennsylvania Bulletin for the official comment period. Scheduled publication will be August--September 2002.	Kathy Reitz 717-705-1234
257--Inspection & Certification of Electric Mass Transit Vehicles	February 1999	Review complete--no changes.	Joe Daversa/Sherri Zimmerman 717-787-3921/ 717-705-1331
425--Shared-Ride Transportation	December 1998	Department review is in process.	Joe Daversa/ Sherri Zimmerman 717-787-3921/ 717-705-1331
449--Liquid Fuels Tax	May 2002	Sent to Office of General Counsel for review. Still pending in the Office of General Counsel for review. Publication contingent on their approval.	Joe Daversa/ Sherri Zimmerman 717-787-3921/ 717-705-1331
491--Administrative Practice & Procedure	July 2001	Approved 3/13/01 by IRRC. Published as Final Rulemaking in July 2001.	Stephen F. J. Martin 717-787-6485
493--Service, Acceptance & Use of Legal Process & Legal Proceedings	August 2001	Completed	Stephen F. J. Martin 717-787-6485

[Pa.B. Doc. No. 02-1186. Filed for public inspection July 5, 2002, 9:00 a.m.]