Pennsylvania Bulletin

PA Bulletin, Doc. No. 02-188e

[32 Pa.B. 670]

[Continued from previous Web Page]

Regulation Being
Considered Proposed Date
of Promulgation Need and Legal Basis for Action Agency Contact

State Board of Veterinary Medicine
Prescription Drugs--49 Pa. Code § 31.21, Principle 8. (16A-5712) Spring 2002, as proposed. The regulation would require veterinarians to meet specified standards regarding dispensing, packaging and labeling of prescription drugs and would 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). Bob Kline
(717) 783-4861

Deletion of Examination Fees--49 Pa. Code §§ 31.3, 31.11, 31.32, 31.35, 31.41. (16A-5713) Winter 2002, as final. The regulation would delete references to the fee charged by the national testing organization for the national licensure examination. The regulation would also clarify issues regarding the impact of past criminal history on applicants for licensure as animal health technicians. Statutory authority: Section 5(4) and (7) of the Act, 63 P. S. §§ 485.5(4), 485.5(7).

Allowable Veterinary Technician Dental Practices--49 Pa. Code, Chapter 31. (16A-5714) Summer 2002, as proposed. The regulation would further define the allowable practice of veterinary technicians in relation to veterinary dental practices.

State Real Estate Commission--
General Revisions: Agency Disclosures--49 Pa. Code, Chapter 35. (16A-568) Winter 2002, as final. The regulation would implement the requirements of Act 112 of 1998 and Act 47 of 1999 pertaining to agency relationships. Statutory authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404. Deb Sopko
(717) 783-1475

Education--49 Pa. Code, Chapter 35. (16A-561) Spring 2002, as proposed. The regulation would change the current pre- licensure and continuing education requirements and address distance education. Statutory authority: Section 404.1(a) of the Act, 63 P. S. §§ 455.404a.(a).

Act 48 of 1993 Civil Penalties--49 Pa. Code, Chapter 43b. (16-29) Spring 2002, as proposed. 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 Act 48 of 1993, 63 P. S. § 2205(a).

STATE EMPLOYEES' RETIREMENT SYSTEM

Revisions to Definition Regulation: 4 Pa. Code § 241.1 Winter 2002 Delete. Adequately defined in statute; amend to delete already redundant language already in statute. Brian McDonough
Sean Sanderson
787-6293

Revisions to Membership, Credited Services, Class of Service, and Eligibility for Benefits Regulations: 4 Pa. Code §§ 243.2, 243.6, 243.9, 243.10, 243. 13(a) Winter 2002 Amend to eliminate language that contradicts statute; Delete. Repeats requirements already in statute. Brian McDonough
Sean Sanderson
787-6293

Revisions to Contribution Regulations: 4 Pa. Code §§ 245.2, 245.4 Winter 2002 Delete. Adds nothing useful to statutory provisions; Delete in order to simplify and improve the process to purchase service. Brian McDonough
Sean Sanderson
787-6293

Revisions to Administration, Funds, Accounts and General Regulations: 4 Pa. Code §§ 249.4 Winter 2002 Amend to eliminate redundant, unnecessary, or archaic language; Delete. Repeats requirements already contained in statute. Brian McDonough
Sean Sanderson
787-6293

STATE POLICE

Regulatory amendments to further adopt a cheating policy as part of the Municipal Police Officers Education and Training Commission regulations. Chapter 203 The proposed regulation will be published in the the Pa. Bulletin in Spring of 2002. The provisions of this chapter set forth regulations for the administration of the training program for municipal police by the Municipal Police Officers Education and Training Commission. The proposed amendments will further adopt a cheating policy. Ronald E Plesco, Jr., Esq.
717-772-0905

STATE SYSTEM OF HIGHER EDUCATION

No regulations being developed or considered at this date.

TRANSPORTATION

Manufacturer, Dealers and Miscellaneous Motor Vehicle Businesses Registration Plates
Chapter 53 July 2002, as proposed. Amendments are needed based on revisions to related sections of the Vehicle Code and Industry/Department concerns. Proposed package undergoing further review with the Department's legal counsel. Sue Wilson
(717) 787-4291

Permanent Registrations of Fleet Vehicles
Chapter 60 March 2002, as proposed. Proposed amendments required to modify fee schedules associated with House Bill 67 (Act 3 of 1997). Ann Marie Kessler
(717) 787-3977

School Buses and School Vehicles
Chapter 171 March 2002, as proposed. Amendments are needed to clarify previous revisions and to address concerns raised by the public transportation community. The Department has prepared draft amendments based on recommendations received by the public transportation community. The Proposed Regulatory Package was finalized and sent to General Counsel. Mike Kistler
(717) 772-2119

Physical and Mental Criteria, Including Vision Standards Relating to the Licensing of Drivers
Chapter 83 March 2002, as proposed. The Department's Medical Advisory Board has approved proposed amendments to the medical standards licensure. The proposed regulation was finalized and is being advanced to General Counsel. Mike Kistler
(717) 772-2119

Liquid Fuels Tax
Chapter 449 February 2002, as final Final draft was forwarded to the Office of General Counsel in October 2001. Dick Zerbe
(717) 787-2183

School Bus Drivers
Chapter 71 March 2002, as proposed. Creates standards to allow persons with certain medical conditions to become a school bus driver that were previously banned because of their medical condition. Through the standards and monitoring systems approved by the Medical Advisory Board in 2000, these persons do not pose a significant danger while driving. The proposed Regulatory Package was finalized and sent to General Counsel. Mike Kistler
(717) 772-2119

Proportional Registration of Fleet Vehicles
Chapter 63 March 2002, as proposed. Proposed amendments required to modify fee schedules associated with House Bill 67 (Act 3 of 1997). Ann Marie Kessler
(717) 787-3977

Flashing or Revolving Lights on Emergency and Authorized Vehicles
Chapter 173 September 2002, as final. Proposed amendments required complying with Act 151 of 1999. Tom Zamboni
(717) 783-9513

Shared-Ride Transportation Service Reimbursement
Chapter 425 July 2002, as proposed. Revised regulations are required due to the repeal of the original authorizing legislation and the enactment of revised authorizing legislation for the Shared-Ride Program for Senior Citizens. Laverne Collins
(717) 783-8025

Emission Inspection
Chapter 177 November 2002, as final Amendments needed to address ongoing operational aspects of the emissions program, and to implement an On-Board-Diagnostics (OBD) program. Peter Gertz
(717) 783-7016

Airport Rating and Licensing
Chapter 471 July 2002, as proposed. Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements and to react to the operating environment. Kathy Reitz
(717) 705-1234

Aviation Development
Chapter 473 July 2002, as proposed. Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements and to react to the operating environment. Kathy Reitz
(717) 705-1234

Local Real Estate Tax Reimbursement
Chapter 477 July 2002, as proposed. Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements and to react to the operating environment. Kathy Reitz
(717) 705-1234

Vehicles Required to Stop at Railroad Grade Crossings
Chapter 103 June 2002, as proposed deletion. Repeal--this regulation is no longer needed because of changes made in § 3342(d) of the Vehicle Code Terry Garvie
(717)787-2604

Hold-Down and Tie-Down Devices for Junked Vehicles and Vehicle Hulks
Chapter 181 June 2002, as proposed deletion. Repeal--this regulation is no longer needed because of changes in Chapter 49 of the Vehicle Code. Daniel Smyser
(717) 787-7445

Work Zone Traffic Control Devices
Chapter 203 April 2002, as proposed deletion. Section 6123 of the Vehicle Code requires a regulation, but most of Chapter 203 is unnecessary when adopting the MUTCD. Remaining required language will be placed in a new regulation to be promulgated in 2002. Art Breneman
(717) 787-3620

Official Traffic Control Devices
Chapter 211 April 2002, as proposed deletion Section 6121 of the Vehicle Code requires a manual consistent with MUTCD. The size of the regulation will be drastically reduced, and will be proposed as Chapter 212 to eliminate confusion with the current chapter. Art Breneman
(717) 787-3620

Official Traffic Control Devices
Chapter 212 April 2002, as proposed rulemaking. This chapter is being proposed to adopt the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD) and to replace Chapters 201, 203 and 211. By adopting the MUTCD, the volume of the new regulation will be only about 5 percent of the combination of the three current regulations. Art Breneman
(717) 787-3620

Hazardous Materials Transportation
Chapter 403 June 2002, as proposed. Compatibility with Federal requirements--Current regulation requires an annual registration of all hazardous materials transporters. It has been determined that this registration is unnecessary and this requirement will be eliminated. Daniel Smyser
(717) 787-7445

Vehicle Equipment & Inspection
Chapter 175 March 2002, as proposed Current language relating to inspection station ''hours of operation'' is not flexible enough to accommodate changing industry practices and needs. Kris Singer
(717) 783-6823

Hold-Down and Tie down Devices for Metal Cargo and Logs
Chapter 183 June 2002, as proposed deletion. Repeal--this regulation is no longer needed because of changes made in Chapter 49 of the Vehicle Code Daniel Smyser
(717) 787-7445

Obstruction to Aircraft
Chapter 479 July 2002, as proposed. Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements and to react to the operating environment. Kathy Reitz
(717) 705-1234

Interstate Motor Carrier Safety Requirements
Chapter 229 June 2002, as proposed. Needs to be amended to be compatible with the Federal Motor Carrier Safety Regulations. Daniel Smyser
(717) 787-7445

Intrastate Motor Carrier Safety Requirements
Chapter 231 June 2002, as proposed. Needs to be amended to be compatible with the Federal Motor Carrier Safety Regulations. Daniel Smyser
(717) 787-7445

[Pa.B. Doc. No. 02-188. Filed for public inspection February 1, 2002, 9:00 a.m.]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
State Board of Veterinary Medicine Prescription Drugs--49 Pa. Code § 31.21, Principle 8. (16A-5712)	Spring 2002, as proposed.	The regulation would require veterinarians to meet specified standards regarding dispensing, packaging and labeling of prescription drugs and would 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).	Bob Kline (717) 783-4861
Deletion of Examination Fees--49 Pa. Code §§ 31.3, 31.11, 31.32, 31.35, 31.41. (16A-5713)	Winter 2002, as final.	The regulation would delete references to the fee charged by the national testing organization for the national licensure examination. The regulation would also clarify issues regarding the impact of past criminal history on applicants for licensure as animal health technicians. Statutory authority: Section 5(4) and (7) of the Act, 63 P. S. §§ 485.5(4), 485.5(7).
Allowable Veterinary Technician Dental Practices--49 Pa. Code, Chapter 31. (16A-5714)	Summer 2002, as proposed.	The regulation would further define the allowable practice of veterinary technicians in relation to veterinary dental practices.
State Real Estate Commission-- General Revisions: Agency Disclosures--49 Pa. Code, Chapter 35. (16A-568)	Winter 2002, as final.	The regulation would implement the requirements of Act 112 of 1998 and Act 47 of 1999 pertaining to agency relationships. Statutory authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P. S. § 455.404.	Deb Sopko (717) 783-1475
Education--49 Pa. Code, Chapter 35. (16A-561)	Spring 2002, as proposed.	The regulation would change the current pre- licensure and continuing education requirements and address distance education. Statutory authority: Section 404.1(a) of the Act, 63 P. S. §§ 455.404a.(a).
Act 48 of 1993 Civil Penalties--49 Pa. Code, Chapter 43b. (16-29)	Spring 2002, as proposed.	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 Act 48 of 1993, 63 P. S. § 2205(a).
*STATE EMPLOYEES' RETIREMENT SYSTEM*
Revisions to Definition Regulation: 4 Pa. Code § 241.1	Winter 2002	Delete. Adequately defined in statute; amend to delete already redundant language already in statute.	Brian McDonough Sean Sanderson 787-6293
Revisions to Membership, Credited Services, Class of Service, and Eligibility for Benefits Regulations: 4 Pa. Code §§ 243.2, 243.6, 243.9, 243.10, 243. 13(a)	Winter 2002	Amend to eliminate language that contradicts statute; Delete. Repeats requirements already in statute.	Brian McDonough Sean Sanderson 787-6293
Revisions to Contribution Regulations: 4 Pa. Code §§ 245.2, 245.4	Winter 2002	Delete. Adds nothing useful to statutory provisions; Delete in order to simplify and improve the process to purchase service.	Brian McDonough Sean Sanderson 787-6293
Revisions to Administration, Funds, Accounts and General Regulations: 4 Pa. Code §§ 249.4	Winter 2002	Amend to eliminate redundant, unnecessary, or archaic language; Delete. Repeats requirements already contained in statute.	Brian McDonough Sean Sanderson 787-6293
*STATE POLICE*
Regulatory amendments to further adopt a cheating policy as part of the Municipal Police Officers Education and Training Commission regulations. Chapter 203	The proposed regulation will be published in the the Pa. Bulletin in Spring of 2002.	The provisions of this chapter set forth regulations for the administration of the training program for municipal police by the Municipal Police Officers Education and Training Commission. The proposed amendments will further adopt a cheating policy.	Ronald E Plesco, Jr., Esq. 717-772-0905
*STATE SYSTEM OF HIGHER EDUCATION*
No regulations being developed or considered at this date.
*TRANSPORTATION*
Manufacturer, Dealers and Miscellaneous Motor Vehicle Businesses Registration Plates Chapter 53	July 2002, as proposed.	Amendments are needed based on revisions to related sections of the Vehicle Code and Industry/Department concerns. Proposed package undergoing further review with the Department's legal counsel.	Sue Wilson (717) 787-4291
Permanent Registrations of Fleet Vehicles Chapter 60	March 2002, as proposed.	Proposed amendments required to modify fee schedules associated with House Bill 67 (Act 3 of 1997).	Ann Marie Kessler (717) 787-3977
School Buses and School Vehicles Chapter 171	March 2002, as proposed.	Amendments are needed to clarify previous revisions and to address concerns raised by the public transportation community. The Department has prepared draft amendments based on recommendations received by the public transportation community. The Proposed Regulatory Package was finalized and sent to General Counsel.	Mike Kistler (717) 772-2119
Physical and Mental Criteria, Including Vision Standards Relating to the Licensing of Drivers Chapter 83	March 2002, as proposed.	The Department's Medical Advisory Board has approved proposed amendments to the medical standards licensure. The proposed regulation was finalized and is being advanced to General Counsel.	Mike Kistler (717) 772-2119
Liquid Fuels Tax Chapter 449	February 2002, as final	Final draft was forwarded to the Office of General Counsel in October 2001.	Dick Zerbe (717) 787-2183
School Bus Drivers Chapter 71	March 2002, as proposed.	Creates standards to allow persons with certain medical conditions to become a school bus driver that were previously banned because of their medical condition. Through the standards and monitoring systems approved by the Medical Advisory Board in 2000, these persons do not pose a significant danger while driving. The proposed Regulatory Package was finalized and sent to General Counsel.	Mike Kistler (717) 772-2119
Proportional Registration of Fleet Vehicles Chapter 63	March 2002, as proposed.	Proposed amendments required to modify fee schedules associated with House Bill 67 (Act 3 of 1997).	Ann Marie Kessler (717) 787-3977
Flashing or Revolving Lights on Emergency and Authorized Vehicles Chapter 173	September 2002, as final.	Proposed amendments required complying with Act 151 of 1999.	Tom Zamboni (717) 783-9513
Shared-Ride Transportation Service Reimbursement Chapter 425	July 2002, as proposed.	Revised regulations are required due to the repeal of the original authorizing legislation and the enactment of revised authorizing legislation for the Shared-Ride Program for Senior Citizens.	Laverne Collins (717) 783-8025
Emission Inspection Chapter 177	November 2002, as final	Amendments needed to address ongoing operational aspects of the emissions program, and to implement an On-Board-Diagnostics (OBD) program.	Peter Gertz (717) 783-7016
Airport Rating and Licensing Chapter 471	July 2002, as proposed.	Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements and to react to the operating environment.	Kathy Reitz (717) 705-1234
Aviation Development Chapter 473	July 2002, as proposed.	Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements and to react to the operating environment.	Kathy Reitz (717) 705-1234
Local Real Estate Tax Reimbursement Chapter 477	July 2002, as proposed.	Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements and to react to the operating environment.	Kathy Reitz (717) 705-1234
Vehicles Required to Stop at Railroad Grade Crossings Chapter 103	June 2002, as proposed deletion.	Repeal--this regulation is no longer needed because of changes made in § 3342(d) of the Vehicle Code	Terry Garvie (717)787-2604
Hold-Down and Tie-Down Devices for Junked Vehicles and Vehicle Hulks Chapter 181	June 2002, as proposed deletion.	Repeal--this regulation is no longer needed because of changes in Chapter 49 of the Vehicle Code.	Daniel Smyser (717) 787-7445
Work Zone Traffic Control Devices Chapter 203	April 2002, as proposed deletion.	Section 6123 of the Vehicle Code requires a regulation, but most of Chapter 203 is unnecessary when adopting the MUTCD. Remaining required language will be placed in a new regulation to be promulgated in 2002.	Art Breneman (717) 787-3620
Official Traffic Control Devices Chapter 211	April 2002, as proposed deletion	Section 6121 of the Vehicle Code requires a manual consistent with MUTCD. The size of the regulation will be drastically reduced, and will be proposed as Chapter 212 to eliminate confusion with the current chapter.	Art Breneman (717) 787-3620
Official Traffic Control Devices Chapter 212	April 2002, as proposed rulemaking.	This chapter is being proposed to adopt the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD) and to replace Chapters 201, 203 and 211. By adopting the MUTCD, the volume of the new regulation will be only about 5 percent of the combination of the three current regulations.	Art Breneman (717) 787-3620
Hazardous Materials Transportation Chapter 403	June 2002, as proposed.	Compatibility with Federal requirements--Current regulation requires an annual registration of all hazardous materials transporters. It has been determined that this registration is unnecessary and this requirement will be eliminated.	Daniel Smyser (717) 787-7445
Vehicle Equipment & Inspection Chapter 175	March 2002, as proposed	Current language relating to inspection station ''hours of operation'' is not flexible enough to accommodate changing industry practices and needs.	Kris Singer (717) 783-6823
Hold-Down and Tie down Devices for Metal Cargo and Logs Chapter 183	June 2002, as proposed deletion.	Repeal--this regulation is no longer needed because of changes made in Chapter 49 of the Vehicle Code	Daniel Smyser (717) 787-7445
Obstruction to Aircraft Chapter 479	July 2002, as proposed.	Amendment is needed to correct inconsistencies between Federal and State requirements and to correct inconsistencies within the regulation itself. It is necessary to more clearly define the requirements and to react to the operating environment.	Kathy Reitz (717) 705-1234
Interstate Motor Carrier Safety Requirements Chapter 229	June 2002, as proposed.	Needs to be amended to be compatible with the Federal Motor Carrier Safety Regulations.	Daniel Smyser (717) 787-7445
Intrastate Motor Carrier Safety Requirements Chapter 231	June 2002, as proposed.	Needs to be amended to be compatible with the Federal Motor Carrier Safety Regulations.	Daniel Smyser (717) 787-7445