[34 Pa.B. 758]

[Continued from previous Web Page]

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
State Board of Vehicle Manufacturers, Dealers and Salespersons --Consignment Sales--49 Pa. Code § 19.19. (16A-607) (formerly 16A-601)   --Auction License-- 49 Pa. Code § 19.21. (16A-603)       --Display Requirements-- 49 Pa. Code § 19.18. (16A-604)         --Branch Lots-- 49 Pa. Code § 19.18. (16A-605)             --Emergency Vehicles-- 49 Pa. Code Ch. 19 (16A-606)   --Protest Procedures-- 49 Pa. Code, Chapter 19. (16A-608)   --Act 48 of 1993 Civil Penalties-- 49 Pa. Code, Chapter 43b. (16-32)	Spring 2004, as Final.       Spring 2004, as Final.         Spring 2004, as Final.             Spring 2004, as Final.               Spring 2004, as Final.       Spring 2004, as Proposed.       Spring 2004, 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 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 Board of Vehicles 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 Board of Vehicles Act, 63 P. S. § 818.4(9).   This 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: Sections 2, 4 and 5 of the Board of Vehicles Act, 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: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).   This regulation would establish procedures to be followed in franchise protest hearings. Statutory Authority: Section 4(9) of the Board of Vehicles Act, 63 P. S. § 818.4(9).   This regulation would amend the schedule of Act 48 of 1993 civil penalties for violations of the Board of Vehicles Act and the Board's regulations. Statutory Authority: Section 5(a) of Act 48 of 1993, 63 P. S. § 2205(a).	Teresa Woodall (717) 783-1697
State Board of Veterinary Medicine --Implanting Electronic Devices and Conforming Regulations to Act 167 of 2002-- 49 Pa. Code, Chapter 31. (16A-5715)	Spring 2004, as Proposed.	This regulation would add implanting electronic identification devices as a duty that may be performed by a veterinary technician or a non-certified employee. In addition, Act 167 of 2002 made terminology changes, changes to the continuing education provisions, and changes to the grounds for discipline of certified veterinary technicians. This regulation conforms the Board's regulations to Act 167 of 2002. Statutory Authority: Section 5 of the Veterinary Medicine Practice Act, 63 P. S. § 485.5, and Section 1 of Act 167 of 2002.	J. Robert Kline (717) 783-7134
STATE EMPLOYEES' RETIREMENT SYSTEM
4 Pa. Code Chapter 243, Section 243.3 (relating to optional alternate retirement programs)   4 Pa. Code Chapter 249, Section 249.58 (relating to optional alternate retirement plans).	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   Sean Sanderson (717) 237-0261
STATE POLICE
Regulations to set forth procedures to be followed regarding the interception, maintenance, and destruction of recordings made pursuant to 18 Pa.C.S. §§ 5704(16), 5749 (Reg. 17-67).	The Department is currently working on a preliminary draft of the proposed regulations.	Act 53 of 2002 requires the State Police Commissioner, in consultation with the Attorney General, to promulgate these regulations.	Syndi L. Guido 717-772-0905
Regulations to effectuate the collection and testing of DNA from individuals convicted of specified offenses.	The Department is currently developing the regulations.	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
Updating the guidelines for the administration of Megan's Law and regulations regarding neighborhood notification of sexually violent predators' residence, school, or employer.	The regulations are in the drafting process.	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
Regulations regarding police officers' use of unmarked vehicles (Reg. 17-65).	The proposed regulations have been approved by the Office of General Counsel and the Attorney General. They will be submitted to the LRB, standing committees, and IRRC, February 2004.	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. The regulations must (1) establish the procedure an officer in an unmarked car must use when stopping a motorist; (2) require the use of audible and visual signals; and (3) establish requirements for wearing official police uniforms and display of official police identification	Syndi L. Guido 717-772-0905
Updating regulations implementing the Lethal Weapons Training Act.	The regulations are still in the drafting stage.	Pursuant to the Private Detectives Act, the State Police must promulgate regulations to implement the education and training program for certifying individuals in handling lethal weapons.	Syndi L. Guido 717-772-0905
Regulations to implement age compliance checks of liquor licensees (Reg. 17-64).	The proposed regulations have been submitted to the LRB, the standing committees, and IRRC	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 are performed. At a minimum, the regulations must require the underage individual to undergo approved training prior to participation in a compliance check.	Syndi L. Guido 717-772-0905
Regulations to authorize designation of certain vehicles used by special response teams of teams of the Department of Corrections as emergency vehicles for purposes of the Vehicle Code. (Reg. 17-66.)	These regulations have been submitted to the LRB, the standing committees, and IRRC	These regulations were proposed at the request of the Department of Corrections to enable special response teams to use vehicles equipped with red lights.	Syndi L. Guido 717-772-0905
STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date.
TRANSPORTATION
177--Emission Inspection	10/03 Retain	Changes to the regulation to accommodate OBD testing and minor deficiencies were made and the regulations were published on November 22, 2003. The retention of these regulations is necessary to stay in compliance with the federal Clean Air Act Amendments and commitments made in the Commonwealth's State Implementation Plan.	Mike Rorick 717-787-5523
43--Temporary Registration Cards and Plates	05/03 Amend	Act 152 requires messengers and agents to be under contract and supercedes many parts of this regulation. The needed revisions have been identified and will be reviewed by the Advisory Committee formed by the statue. The formal revision process should begin in 3rd quarter 03-04. Chapter 43 regulates department agents regarding the issuance of temporary registration cards and plates. The requirement of agents and messengers to be under contract will cause major changes to this regulation.	Mike Rorick 717-787-5523
171--School Buses and School Vehicles	11/01 Amend	Completed. This regulation was published in the PA Bulletin, November 29, 2003. Updating to be more in line with Federal Regulations allowing white roofs to help cool buses. Other minor revisions. (Clarification of SB stopping arm language).	Mike Rorick 717-787-5523
175--Vehicle Equipment and Inspection	10/03 Amend	Vehicle Code revisions regarding changes to the hours of operation of inspection stations were made and interim procedures are in place to accommodate the change. Regulation changes needed to implement a settlement agreement (that resulted from 2 law suites) were drafted, published, passed and published in the PA Bulletin on November 29, 2003 as a final rule making. These changes enabled the Department to meet its December 1, 2003 implementation deadline. Changes to the regulation regarding hours of operation will be pursued in 2004. Section 4702 of the Vehicle Code requires the Department to establish a system of annual and semi-annual safety inspections. Chapter 175 prescribes the equipment and inspection criterion for vehicles subject to PA's safety inspection program. As a result of HB152 a subsequent amendment (in 2004) will focus on operating hours for inspection stations.	Mike Rorick 717-787-5523
163--Warning Devices	12/98 Retain	This regulation is recommended for full review in 2004. Section 4530 of the Vehicle Code charges the Department with promulgating regulation to prescribe needed lighting devices for motor vehicles designed to warn approaching traffic of the presence of a stopped vehicle.	Mike Rorick 717-787-5523
63--Proportional Registration of Fleet Vehicles	9/03 Amend	Amendments prepared and formal revision process for specific revision started 12/03. Revision in progress changes temporary authorization from 30 to 90 days to make consistent with other temporary registrations issued by the Department.	Mike Rorick 717-787-5523
71--School Bus Drivers	10/03 Retain	Completed. This regulation was published in the PA Bulletin, November 29, 2003. This regulation outlines the medical criteria for school bus drivers. Advances in medicine and medical technologies have allowed more individuals to become school bus drivers, and these regulations outline the medical requirements for licensing.	Mike Rorick 717-787-5523
83--Physical & Mental Criteria-- Including Vision Standards Relating to the Licensing of Drivers	10/03 Retain	In October, the Department responded to comments from the public and the IRRC. The next steps will be to work with the Office of Chief Counsel to put the regulation into final format, and then continue them through the promulgation process. It is anticipated that the regulations will be published as final by May 2004. These regulations allow physically challenged individuals the opportunity to learn to drive while being instructed by a certified driver education instructor in a vehicle that contains a brake for the instructors use.	Mike Rorick 717-787-5523
86--Occupational Limited License	11/03 Promulgate new regulations	Act 24 of 2003 now requires publication of regulations to require additional information if necessary from a petitioner seeking an occupational limited license. The Department plans to publish a proposed rulemaking in early 2004.	Mike Rorick 717-787-5523
88--Ignition Interlock	11/03 Issue Statement of Policy and promulgate new regulations	Act 24 of 2003 requires the Department to publish a Statement of Policy governing the use of ignition interlock systems in vehicles in accordance with the provisions of 75 Pa.C.S. § 3805. The Statement of Policy is to be published before February 1 and must be followed with regulations within one year.	Mike Rorick 717-787-5523
255--Messenger Services	05/03 Amend	Act 152 requires messengers and agents to be under contract and supercedes many parts of this regulation. The needed revisions have been identified and will be reviewed by the Advisory Committee formed by the statute. The formal revision process should begin in 3rd quarter 03-04. Chapter 255 regulates messenger services. The requirement of agents and messengers to be under contract will cause major changes to this regulation.	Mike Rorick 717-787-5523
441--Access to and Occupancy of Highways by Driveways & Local Roads	1/00 Amend	Complete--need to finalize details of proposed rulemaking. Proposed rulemaking submitted to the Office of Chief Counsel in 1/03. Update to better reflect current requirements	Art Breneman 717-787-3620
103--Vehicles Required to Stop at Railroad Crossings	1/00 Repeal	Complete--The request to rescind Chapter 103 was sent to the Office of Chief Counsel on 12/8/03. Section 3342 of the Vehicle Code requires a regulation but Chapters 229 and 231 already adopted federal regulations. This regulation will be repealed.	Art Breneman 717-787-3620
201--Engineering and Traffic Studies	12/98 Repeal	Complete--This chapter was published as proposed deletion on 4/19/03. This deletion is in the final rulemaking process. Section 6105 of the Vehicle Code requires a regulation, but this chapter will be partly eliminated since it duplicates Manual on Uniform Traffic Control Devices (MUTCD). Remaining required language will be placed in a new regulation, i.e., Chapter 212.	Art Breneman 717-787-3620
203--Work Zone Traffic Control	12/98 Repeal	Complete--This chapter was published as proposed deletion on 4/19/03. This deletion is in the final rulemaking process. Section 6123 of the Vehicle Code requires a regulation, but most of Chapter 203 is unnecessary when adopting MUTCD. Remaining required language will be placed in a new regulation, i.e., Chapter 212.	Art Breneman 717-787-3620
211--Official Traffic Control Devices	12/98 Repeal and Replace	Complete--This chapter was published as proposed deletion on 4/19/03. This deletion is in the final rulemaking process. Section 6121 of the Vehicle Code required a manual consistent with MUTCD. The size of the regulation will be drastically reduced. The new regulation will be called Chapter 212.	Art Breneman 717-787-3620
457--Pre-qualification of Bidders	10/00 Amend	Complete--CMD received the proposed changes from OCC in 11/02. CMD incorporated the changes recommended by OCC and returned the revisions to OCC to continue the promulgation process. 36 P. S. Section 670-404.1 ''Prequalification of Bidders'' mandates the Department to have regulations to establish and maintain a system for the qualification of competent and responsible bidders. Proposed changes are on hold.	Art Breneman 717-787-3620
449--Liquid Fuels Tax	05/03 Completed	This regulation was amended effective May 17, 2003. Regulation procedures for proper use of Liquid Fuel Funds needed to be updated.	Donna Chambers 717-783-2446

[Pa.B. Doc. No. 04-218. Filed for public inspection February 6, 2004, 9:00 a.m.]

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