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PENNSYLVANIABULLETIN

Volume 26 Number 41

Saturday, October 12, 1996 Harrisburg, Pa.

Pages 4883 - 4974

In this issue:

The Courts

Department of Agriculture

Department of Banking

Department of Environmental Protection

Department of General Services

Department of Health

Department of Transportation

Environmental Hearing Board

Executive Board

Independent Regulatory Review Commission

Insurance Department

Liquor Control Board

Milk Marketing Board

Pennsylvania Industrial Development Authority

Pennsylvania Public Utility Commission

State Employes' Retirement Board

Turnpike Commission

Detailed list of contents appears inside.

PRINTED ON 100% RECYCLED PAPER

Latest Pennsylvania Code Reporter

(Master Transmittal Sheet):

No. 263, October 1996

PENNSYLVANIA BULLETIN

(ISSN 0162-2137)

Postmaster send address changes to:

FRY COMMUNICATIONS

Attn:Pennsylvania Bulletin

800 W. Church Rd.

Mechanicsburg, Pennsylvania 17055-3198

(717) 766-0211 ext. 340 (800) 334-1429 ext. 340 (toll free, out-of-State) (800) 524-3232 ext. 340 (toll free, in State)published weekly by Fry Communications, Inc. for the Commonwealth of Pennsylvania, Legislative Reference Bu- reau, 647 Main Capitol Building, State & Third Streets, Harrisburg, Pa. 17120, under the policy supervision and direction of the Joint Committee on Documents pursuant to Part II of Title 45 of the Pennsylvania Consolidated Statutes (relating to publication and effectiveness of Com- monwealth Documents). Subscription rate $80.50 per year, postpaid to points in the United States. Individual copies $2. Checks for subscriptions and individual copies should be made payable to ''Fry Communications, Inc.'' Periodicals postage paid at Harrisburg, Pennsylvania. Orders for subscriptions and other circulation matters should be sent to:

Fry Communications, Inc.

Attn:Pennsylvania Bulletin

800 W. Church Rd.

Mechanicsburg, PA 17055-3198

Copyright1996 Commonwealth of Pennsylvania

ISBN 0-8182-0004-9

Editorial preparation, composition, printing and distribution of thePennsylvania Bulletinis effected on behalf of the

Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania

17055-3198.

Contents

THE COURTS

CIVIL PROCEDURAL RULES

Amendment to explanatory comments..............4892

CRIMINAL PROCEDURAL RULES

Order amending Rule 1409 and approving comment

revisions to rules 1405 and 1410: sentencing; no.

213; doc. no. 2..................................4898

Order approving comment revisions to Rules 102

and 182: procedure in court cases; conditions of the program; no. 212; doc. no. 2..................4894

Proposed amendments to Rule 71: procedure follow-

ing arrest without warrant......................4892

Proposed amendments to Rule 149: guilty pleas

before district justices in court cases.............4895

LOCAL COURT RULES

Columbia and Montour Counties

Amendments to local court rules; no. 96MVI........4901

Delaware County

Judge Pro Tempore Program; misc. doc. no. 82-

EXECUTIVE AGENCIES

DEPARTMENT OF AGRICULTURE

Notices

Application period for Farm Safety and Occupa-

tional Health Grant Program....................4912

DEPARTMENT OF BANKING

Notices

Action on applications.............................4912

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Notices

Applications, actions and special notices............4913 Availability of technical guidance..................4949

General Plan Approval and General Operating Per-

DEPARTMENT OF GENERAL SERVICES

Statements of Policy

Use of the public areas of the Capitol Complex.....4906

Notices

Contract awards..................................4974 State contract information.........................4966

DEPARTMENT OF HEALTH

Notices

Notice of beginning or review; Certificates of Need. . 4951

DEPARTMENT OF TRANSPORTATION

Notices

Approved speed-timing devices and appointment of

maintenance and calibration stations............4952 Retention of engineering firms.....................4953

ENVIRONMENTAL HEARING BOARD

Notices

Eighty-Four Mining Company v. DEP; doc. no.

95-235-R.......................................4955Jim Thorpe Sanitary Landfill v. DEP; EHB doc. no.

EXECUTIVE BOARD

Statements of Policy

Reorganization of the Department of Public Wel-

INDEPENDENT REGULATORY REVIEW

COMMISSION

Notice

Notice of filing of final-form rulemakings...........4956

INSURANCE DEPARTMENT

Notices

Blue Cross of Western Pennsylvania; Pennsylvania

Blue Shield; endorsement to add exclusion for

elective abortions to direct pay programs upon subscriber request; filing no. 1-DPABOR-

The PIE Mutual Insurance Company; medical mal-

practice rate/rule filing..........................4957 Yuri Malinsku; hearing............................4957

LIQUOR CONTROL BOARD

Notices

Expiration of leases...............................4957

MILK MARKETING BOARD

Notices

Presubmission schedule and prehearing conference

for milk marketing area no. 4; hearing notice.....4857

PENNSYLVANIA INDUSTRIAL DEVELOPMENT

AUTHORITY

Notices

Maximum loan amounts and participation and in-

terest rates.....................................4958

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Notices

Consolidated Rail Corporation; railroad............4962

Eastern TeleLogic Corporation; telecommunications

Estate of Dean Mori; sewage service...............4963 Service of notice of motor carrier applications.......4962 Township of Franklin; railroad.....................4962 UGI Utilities, Inc.; electric service.................4962 Rick Weaver; railroad.............................4962

STATE EMPLOYES' RETIREMENT BOARD

Notices

Hearings scheduled...............................4964

TURNPIKE COMMISSION

Notices

Request for proposals.............................4964 Retention of engineering firm......................4964 4885
PENNSYLVANIA BULLETIN, VOL. 26, NO. 41, OCTOBER 12, 1996

READER'S GUIDE TO THE

PENNSYLVANIA BULLETIN

ANDPENNSYLVANIA CODE

Pennsylvania Bulletin

ThePennsylvania Bulletinis the official gazette of the Commonwealth of Pennsylvania. It is published every week and includes a table of contents. A cumulative subject matter index is published quar- terly.

ThePennsylvania Bulletinserves several pur-

poses. First, it is the temporary supplement to the Pennsylvania Code, which is the official codification of agency rules and regulations and other statuto- rily authorized documents. Changes in the codified text, whether by adoption, amendment, repeal or emergency action must be published in thePennsyl- vania Bulletin. Further, agencies proposing changes to the codified text do so in thePennsylvania

Bulletin.

Second, thePennsylvania Bulletinalso publishes:

Governor's Executive Orders; State Contract No-

tices; Summaries of Enacted Statutes; Statewide and Local Court Rules; Attorney General Opinions; Motor Carrier Applications before the Public Utility

Commission; Applications and Actions before the

Department of Environmental Protection; Orders of

the Independent Regulatory Review Commission; and other documents authorized by law.

The text of certain documents published in the

Pennsylvania Bulletinis the only valid and enforce- able text. Courts are required to take judicial notice of thePennsylvania Bulletin.

There are no restrictions on the republication of

official documents appearing in thePennsylvania

Bulletin.

Adoption, Amendment or Repeal of

Regulations

Generally an agency wishing to adopt, amend or

repeal regulations must first publish in thePennsyl- vania Bulletina Notice of Proposed Rulemaking.

There are limited instances where the agency may

omit the proposal step; they still must publish the adopted version.

The Notice of Proposed Rulemaking contains the

full text of the change, the agency contact person, a fiscal note required by law and background for the action.

The agency then allows sufficient time for public

comment before taking final action. An adoptedproposal must be published in thePennsylvania

Bulletinbefore it can take effect. If the agency

wishes to adopt changes to the Notice of Proposed

Rulemaking to enlarge the scope, they must re-

propose.

Citation to thePennsylvania Bulletin

Cite material in thePennsylvania Bulletinby

volume number and page number. Example: Volume

1,Pennsylvania Bulletin, page 801 (short form: 1

Pa.B. 801).

Pennsylvania Code

ThePennsylvania Codeis the official codification

of rules and regulations issued by Commonwealth agencies and other statutorily authorized docu- ments. ThePennsylvania Bulletinis the temporary supplement to thePennsylvania Code, printing changes as soon as they occur. These changes are then permanently codified by thePennsylvania

Code Reporter, a monthly, loose-leaf supplement.

ThePennsylvania Codeis cited by title number

and section number. Example: Title 10Pennsylva- nia Code,§1.1 (short form: 10 Pa.Code§1.1).

Under thePennsylvania Codecodification system,

each regulation is assigned a unique number by title and section. Titles roughly parallel the organi- zation of Commonwealth government. Title 1Penn- sylvania Codelists every agency and its correspond- ingCodetitle location.

How to Find Documents

Search for your area of interest in thePennsylva-

nia Code.

ThePennsylvania Codecontains, as Finding Aids,

subject indexes for the completeCodeand for each individual title, a list of Statutes Used As Authority for Adopting Rules and a list of annotated cases. Source Notes give you the history of the documents.

To see if there have been recent changes, not yet

codified, check the List ofPennsylvania CodeChap- ters Affected in the most recent issue of thePenn- sylvania Bulletin.

ThePennsylvania Bulletinalso publishes a quar-

terly List of Pennsylvania Code Sections Affected which lists the regulations in numerical order, followed by the citation to thePennsylvania Bulle- tinin which the change occurred. SUBSCRIPTION INFORMATION: (717) 766-0211GENERAL INFORMATION AND FINDING AIDS: (717) 783-1530 4886
PENNSYLVANIA BULLETIN, VOL. 26, NO. 41, OCTOBER 12, 1996

Printing Format

Material proposed to be added to an existing rule or regulation is printed inbold faceand material proposed to be

deleted from such a rule or regulation is enclosed in brackets []and printed inbold face.Asterisks indicate ellipsis

ofPennsylvania Codetext retained without change. Proposed new or additional regulations are printed in ordinary style

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