[34 Pa.B. 3468]

[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 Chapter 243, Section 243.3 (relating to optional alternate retirement programs)	Summer 2004	Revisions to Optional Alternate Retirement Program Regulations: 4 Pa. Code §§ 243.3 and 249.58--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.	M. Catherine Nolan (717) 237-0392
4 Pa. Code Chapter 249, Section 249.58 (relating to optional alternate retirement plans).			Sean Sanderson (717) 237-0261
STATE POLICE
Interception, maintenance, and destruction of Mobile Video Recordings 37 Pa. Code Chapter 50	January 2005, as proposed.	Act 53 of 2002 requires the State Police Commissioner, in consultation with the Attorney General, to promulgate these regulations. 18 Pa.C.S. §§ 5704(16), 5749.	Syndi L. Guido 717-772-0905
DNA Detection of Sexual and Violent Offenders. 37 Pa. Code Chapter 58	January 2005, as proposed	Act 57 of 2002 amended Title 42 of the Judicial Code to include Chapter 47, which establishes a DNA database and provides for the collection and testing of DNA samples from individuals convicted of specified offenses. The act is a recodification of a prior DNA act. The act requires the Department to promulgate regulations to effectuate the act.	Syndi L. Guido 717-772-0905
Administration of Megan's Law-- Neighbor Notification 37 Pa. Code Chapter 55	January 2005, 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 chairmen and minority chairmen 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. Although the requisite guidelines and regulations have been promulgated, the Department is in the process of updating them.	Syndi L. Guido 717-772-0905
Use of Unmarked Cars 37 Pa. Code Chapter 42 (Reg. 17-65)	August 2004, as final rulemaking	Act 75 of 2001 requires the State Police to promulgate regulations, in consultation with the Department of Transportation, for police officers' use of unmarked vehicles.	Syndi L. Guido 717-772-0905
Administration of the Bureau of Liquor Control Enforcement Age Compliance Check Program 37 Pa. Code Chapter 23 (Reg. 17-64)	August 2004, as final rulemaking	Act 141 of 2002 amended the Crimes Code to allow individuals between the age of 18 and 21 to purchase, possess, and transport alcoholic beverages if they are working under the direct supervision of an adult liquor control enforcement officer. The act requires the State Police to promulgate regulations prescribing the manner in which age compliance checks will be performed.	Syndi L. Guido 717-772-0905
Designation of Emergency Vehicles 37 Pa. Code Chapter 41 (Reg. 17-66)	August 2004, as final rulemaking	Pursuant to 75 Pa.C.S. § 6106 (relating to designation of emergency vehicles by Pennsylvania State Police), the State Police may designate any vehicle or group of vehicles as emergency vehicles upon a finding that the designation is necessary to the preservation of life or property or to the execution of emergency governmental functions. This final-form rulemaking amends § 41.5 (relating to eligibility) to allow the Department of Corrections (Department) to apply for emergency vehicle designation of vehicles used by its Hostage Rescue Teams, Hostage Negotiation Teams, Corrections Emergency Response Teams, Corrections Rifle Specialist Teams and Central Office Special Teams Coordinator.	Syndi L. Guido 717-772-0905
STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date.
TRANSPORTATION
Authorized Vehicles and Special Operating Privileges 67 Pa. Code Chap. 15	November 2004, as proposed	Section 6107 of the Vehicle Code requires a regulation, but some changes are necessary.	Arthur H. Breneman 717-787-3620
Child Passenger Protection 67 Pa. Code Chap. 102	November 2004, as proposed	Section 4581 of the Vehicle Code requires regulations for child passenger seats. This will be a new regulation.	D. J. Reed 717-783-4577
Vehicles Required to Stop at Railroad Grade Crossings 67 Pa. Code Chap. 103	July 2004, as final deletion	Section 3342(d) of the Vehicle Code no longer requires a regulation, but only a notice in the Pennsylvania Bulletin. Since a notice was published on 2/17/01, this regulation is no longer required. The proposed deletion was published on 2/14/04 (34 Pa.B. 843).	Arthur H. Breneman 717-787-3620
Engineering and Traffic Studies 67 Pa. Code Chap. 201	July 2004, as proposed deletion	The need for this chapter will be eliminated when Chapter 212 is adopted. The proposed Chapter 212, and the proposed deletion of this chapter, was published on 4/19/03 (33 Pa.B. 1930), but both will be published again as proposed.	Arthur H. Breneman 717-787-3620
Work Zone Traffic Control 67 Pa. Code Chap. 203	July 2004, as proposed deletion	The need for this chapter will be eliminated when Chapter 212 is adopted. The proposed Chapter 212, and the proposed deletion of this chapter, was published on 4/19/03 (33 Pa.B. 1930), but both will be published again as proposed.	Arthur H. Breneman 717-787-3620
Official Traffic Control Devices 67 Pa. Code Chap. 211	July 2004, as proposed deletion	The need for this chapter will be eliminated when Chapter 212 is adopted. The proposed Chapter 212, and the proposed deletion of this chapter, was published on 4/19/03 (33 Pa.B. 1930), but both will be published again as proposed	Arthur H. Breneman 717-787-3620
Official Traffic Control Devices 67 Pa. Code Chap. 212	July 2004, as proposed	This regulation will adopt the federal Manual on Uniform Traffic Control Devices (MUTCD) and thereby eliminate the need for most of the requirements in the current Chapters 201, 203 and 211. The proposed Chapter 212 was published on 4/19/03 (33 Pa.B. 1930), but because the Department also needs to propose a regulation to implement Act 229 of 2002 regarding active work zones (and to eliminate guidelines currently contained in a Chapter 204), and because of other proposed changes (including the elimination of Chapter 217), the proposed Chapter 212 and the proposed deletion of Chapters 201, 203, 204, 211 and 217 will be republished for comments.	Arthur H. Breneman 717-787-3620
Posting of Private Parking Lots 67 Pa. Code Chap. 217	July 2004, as proposed deletion	The need for this chapter will be eliminated when Chapter 212 is adopted.	Arthur H. Breneman 717-787-3620
Access to and Occupancy of Highways by Driveways and Local Roads 67 Pa. Code Chap. 441	September 2004, as proposed	Update to better reflect current requirements.	Daniel R. Smyser 717-787-7445
Pre-qualification of Bidders 67 Pa. Code Chap. 457	September 2004, as proposed	Changes required as a result of a reengineering process.	Joseph F. Cribben 717-787-3733
Vehicle Equipment and Inspection 67 Pa. Code Chapter 175	December 2004	Vehicle Code changes regarding Motorcycle handle-bar height and hours of inspection station operation need to be reflected in this chapter so language is consistent. The Department also has been asked to look at other (additional) documents that could be used as proof-of-ownership for the purpose of inspecting a vehicle.	Mike Rorick (717) 787-5523
Driver's License Exam 67 Pa. Code Chapter 75	January 2005	Changes are being made to allow Chiropractors to give the basic driver qualification physical. Was forwarded to the Office of General Counsel on April 22, 2004. Is being packaged and reviewed.	Mike Rorick (717) 787-5523
Transfer, Exchange & Reclassification of Registration 67 Pa. Code Chapter 51	December 2004	An amendment is needed to eliminate the transfer fee dollar amount reference or to change the transfer fee to $6.00 to be consistent with Section 1927 of the Vehicle Code.	Phil VanBriggle (717) 787-2304
Proportional Registration of Fleet Vehicles 67 Pa. Code Chapter 63	July 2004	Revisions were submitted to the Office of Chief Counsel in April 2004. The revision changes the temporary authorization from 30 days to 60 days, to be consistent with the International Registration Plan.	Mike Rorick (717) 787-5523
Permit Agents 67 Pa. Code Chapter 65	July 2004	Revisions were submitted to the Office of Chief Counsel in April 2004. To be consistent with Chapter 63, the duration of a telegram of authority was changed from 30 days to 60 days.	Mike Rorick (717) 787-5523
Physical & Mental Criteria--Including Vision Standards Relating to the Licensing of Drivers 67 Pa. Code Chapter 83	July 2004	These regulations are being updated to keep pace with medical advances, and reflect the recommendations of the PennDOT Medical Advisory Board. The Independent Regulatory Review Commission hearing was held May 13, 2004, and the regulations will likely be published as a final rulemaking in July, 2004 and included in the Pa. Code pages before January 2005.	Mike Rorick (717) 787-5523
Occupational Limited License 67 Pa. Code Chapter 86	December 2004	Regulations were developed as a result of the DUI legislation of 2003, which mandates providing occupational limited licenses to some first-time DUI violators. A statement of policy has been published, and the Office of Chief Counsel has forwarded the regulations on for formal promulgation.	Mike Rorick (717) 787-5523
Ignition Interlock 67 Pa. Code Chapter 88	December 2004	Regulations were developed as a result of the DUI legislation of 2003, which requires PennDOT to develop in regulation provisions for an ignition interlock hardship exemption. The economic hardship provisions are being updated. A statement of policy has been published, and the Office of General Counsel has forwarded the regulation for promulgation.	Mike Rorick (717) 787-5523

 

[Pa.B. Doc. No. 04-1208. Filed for public inspection July 2, 2004, 9:00 a.m.]

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