[41 Pa.B. 679]
[Saturday, January 29, 2011]

[Continued from previous Web Page]

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
STATE EMPLOYEES' RETIREMENT SYSTEM
4 Pa. Code § 249.53. Exemption from execution; assignment of rights. (This would delete State Employees' Credit Union payment language.)	This is proceeding consistent with the CDL and the requirements of 4 Pa. Code § 247.11.	This is obsolete. No credit union currently meets the statutory requirements and it is unlikely that any new ones will. A corresponding statutory amendment is also being considered.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 247.51. Time for Recomputation of Annuity. (This would impose a time limit for annuitants to change the optional payment plan authorized by the second to the last sentence of 71 Pa.C.S. § 5907(j)).	2011	This would provide guidance on when an annuitant is permitted to change their optional payment plan. There is no time frame in the statute for this election to occur causing administrative difficulties including possibly permitting anti-selection of death benefits, requiring members to make a declaration under discontinued disability benefits and negating an option change absent another qualifying event.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 243.8. Membership rules for educational employees.	2012	This would clarify the requirements for membership and final average salary calculations for educational employees.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 245.4. Member contributions for the purchase of credit for previous State service or to become a full coverage member. (This would be amended to specify the effects of a service purchase or reinstatement.)	2012	This would clarify the effects of the reinstatement or purchase of previous State service. An administrative decision has offered partial guidance in this area. This would enable consistent application of the statute and would reduce litigation of purchase of service issues. This is also being considered as a statutory amendment.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
STATE POLICE
DNA Detection of Sexual and Violent Offenders. 37 Pa. Code Chapter 58	June 2011, as proposed.	Act 185 of 2004 repealed Chapter 47 of Title 42 of the Pennsylvania Consolidated Statutes and amended Title 44 to add Chapter 23, DNA Data and Testing. The act requires the State Police to promulgate rules and regulations to carry out its provisions.	Syndi L. Guido Policy Director (717) 772-0905
Administration of Megan's Law—Neighbor Notification 37 Pa. Code Chapter 55	June 2011, as proposed.	Act 18 of 2000, known as Megan's Law, provides for the registration of sexual offenders and community notification for sexually violent predators. The act requires the Department to promulgate guidelines for the general administration of the act in consultation with the Department of Corrections, the Office of Attorney General, the Pennsylvania Board of Probation and Parole, and the chairpersons and minority chairpersons of the Senate and House Judiciary Committees. The act also requires the Department to write regulations regarding neighbor notification of sexually violent predators' residence, school or employer. See 42 Pa.C.S. § 9799.1 Although the requisite guidelines and regulations have been promulgated, the Department is in the process of updating them in light of subsequent and anticipated amendments to Megan's Law.	Syndi L. Guido Policy Director (717) 772-0905
STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date.
TRANSPORTATION
43—Temporary Registration Cards and Plates 67 Pa. Code Chapter 43	June 2011.	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supersedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations or fines will be removed from the regulation, as these items are now addressed in the required contracts.	Andy Cleaver (717) 787-2171
175—Vehicle Equipment and Inspection 67 Pa. Code Chapter 175	June 2011.	Many changes are needed to bring the regulations in line with changes in the Vehicle Code. Other changes are being proposed to add convenience for customers, to update forms and processes, to accommodate changes in vehicle technology and to implement an initiative to update recertification requirements for safety inspectors and electronic recordkeeping of vehicle safety inspection findings. The regulation revisions also propose to eliminate the issuance of refunds for unused inspection stickers, which would be a savings to the Commonwealth.	Kristen Singer (717) 787-2171
21—Odometer Read Disclosure Statements 67 Pa. Code Chapter 21	June 2011.	Changes are needed to bring the regulation current with the Vehicle Code to specify the age at which a vehicle becomes exempt from odometer disclosure.	Andy Cleaver (717) 787-2171
23—Delivery of Certificates of Title 67 Pa. Code Chapter 23	June 2011.	The method of title delivery has changed due to the electronic lien and title program (75 Pa.C.S. § 1151). This Chapter needs to be updated to reflect the ability to transmit titles with liens electronically, rather than by mail.	Andy Cleaver (717) 787-2171
17—Authorization to Verify ID Numbers 67 Pa. Code Chapter 17	June 2011.	Changes are needed to document the Vehicle Identification Number (VIN) verification process. The VIN verification process is not currently documented in either the Vehicle Code or in regulations.	Andy Cleaver (717) 787-2171
71—School Bus Drivers 67 Pa. Code Chapter 71	April 2011.	The regulations will be updated to clarify the standards for license holders who have had more than one episode of loss of consciousness of unknown etiology within a 12-month period. The regulations will also be updated to require periodic monitoring for drivers who have been diagnosed as having stage 3 dementia.	Scott Shenk (717) 783-5958
83—Physical and Mental Criteria— Including Vision Standards Relating to the Licensing of Drivers 67 Pa. Code Chapter 83	April 2011.	The regulations will be updated to clarify the standards for license holders who have had more than one episode of loss of consciousness of unknown etiology within a 12-month period. The regulations will also be updated to require periodic monitoring for drivers who have been diagnosed with cognitive impairments.	Scott Shenk (717) 783-5958
84—Dual Control Learner's Permit 67 Pa. Code Chapter 84	February 2011.	The regulation is being updated to clarify the requirements for issuing a dual control learner's permit.	Scott Shenk (717) 783-5958
105—Mechanical Electrical and Electronic Speed Timing Devices 67 Pa. Code Chapter 105	June 2011.	The regulations are being updated to reflect changes in equipment technology relating to calibration and maintenance of speed timing devices used for law enforcement purposes and to delete references to obsolete equipment and calibration procedures.	Kristen Singer (717) 787-2171
255—Messenger Services 67 Pa. Code Chapter 255	June 2011.	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supersedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations or fines will be removed from the regulation as these items are now addressed in the required contracts.	Andy Cleaver (717) 787-2171
Chapter 427—Public Transportation (Act 44 of 2008)	January 2011.	Act 44 of 2008, Chapter 15, Sustainable Mobility Options, authorizes almost all public transportation funding programs for the Commonwealth. The legislation requires the Department to develop regulations for several sections of the legislation. The temporary regulations were published in the Pennsylvania Bulletin on July 18, 2009. Permanent regulations must be published by July 18, 2011. No additional sections will be added to the temporary regulations but some sections in the temporary regulations will be revised/updated.	LaVerne Collins (717) 787-1214
Chapter 175.96 Vehicle Equipment and Inspection Regulations	March 2011.	The motor vehicle code does not allow for the utilization of laser guided systems which is an innovative technology that could be used to increase quality, efficiency and safety associated with snow plow and line painting operations. We are seeking approval to insert the language ''Laser guided systems for use during plowing operations are authorized'' into the Medium and Heavy Trucks and Buses section of Pub 45, Vehicle Equipment and Inspection Regulations, Chapter 175.96(h) as it pertains to Department operations.	James Smith (717) 787-4299
67 Pa. Code Chapter 189	January 2011.	With the influx of Marcellus hauling a large number of State Routes have been posted with weight limit restrictions. (80-90% of SRs in some counties). Since a permit is required to haul on these posted roads, delivery/hauling has become more cumbersome for smaller operations, especially the logging industry. Currently all permits require: 1) an initial and final inspection; 2) Signed excess maintenance agreements; 3) Security/Bonding. These steps involve some level of time and money—much of which wasn't needed a few years ago before so many roads were posted. Regulation changes would allow for a less cumbersome permit process for smaller operations which pose little risk to the roadways. Eliminate time lag and costs associated with the current permit process. This is being advanced as an emergency regulation.	Steve Koser (717) 787-7908
67 Pa. Code Chapter 101	April 2011.	To be consistent with Federal final rule on worker visibility apparel. Authorizing Appropriately Attired Persons to Direct, Control or Regulate Traffic.	Matt Briggs (717) 787-7350
67 Pa. Code Chapter 455	June 2011.	A review of PennDOT's Errors and Omissions procedures was conducted by the FHWA and PennDOT personnel. This review resulted in modifications to PennDOT's procedures in Publication 93. This Title 67 change is needed to be consistent with the revised Design Error and Omission process contained in the revised Publication 93.	Gary Kleist (717) 787-9880

[Pa.B. Doc. No. 11-198. Filed for public inspection January 28, 2011, 9:00 a.m.]

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