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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 02-1186e

[32 Pa.B. 3276]

[Continued from previous Web Page]

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
(717) 783-1389
--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
(717) 783-1389
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 (717)783-1697
--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
(717) 783-7134
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
(717) 787-1426
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
(717) 787-1426
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.]



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