Volume 40 Number 32 Saturday, August 7, 2010 Harrisburg, PA Pages

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1 Volume 40 Number 32 Saturday, August 7, 2010 Harrisburg, PA Pages Agencies in this issue The Courts Department of Banking Department of Community and Economic Development Department of Environmental Protection Department of Health Department of Labor and Industry Department of Public Welfare Department of Revenue Department of State Department of Transportation Environmental Quality Board Executive Board Fish and Boat Commission Game Commission Governor s Office Independent Regulatory Review Commission Insurance Department Joint Committee on Documents Office of the Budget Pennsylvania Public Utility Commission Philadelphia Regional Port Authority Public School Employees Retirement Board State Board of Nursing State Board of Vehicle Manufacturers, Dealers and Salespersons Detailed list of contents appears inside.

2 Latest Pennsylvania Code Reporters (Master Transmittal Sheets): No. 429, August 2010 PENNSYLVANIA Postmaster send address changes to: FRY COMMUNICATIONS Attn: Pennsylvania Bulletin 800 W. Church Rd. Mechanicsburg, Pennsylvania (717) ext (800) ext (toll free, out-of-state) (800) ext (toll free, in State) BULLETIN (ISSN ) published weekly by Fry Communications, Inc. for the Commonwealth of Pennsylvania, Legislative Reference Bureau, 641 Main Capitol Building, Harrisburg, Pa , under the policy supervision and direction of the Joint Committee on Documents pursuant to Part II of Title 45 of the Pennsylvania Consolidated Statutes (relating to publication and effectiveness of Commonwealth Documents). Subscription rate $82.00 per year, postpaid to points in the United States. Individual copies $2.50. Checks for subscriptions and individual copies should be made payable to Fry Communications, Inc. Periodicals postage paid at Harrisburg, Pennsylvania. Orders for subscriptions and other circulation matters should be sent to: Fry Communications, Inc. Attn: Pennsylvania Bulletin 800 W. Church Rd. Mechanicsburg, PA Copyright 2010 Commonwealth of Pennsylvania Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of the Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania

3 THE COURTS COMMONWEALTH COURT Notice to election bar and administrative order; objections to nomination papers for Statewide office, August, LOCAL COURT RULES Montgomery County Amendment of local rule of civil procedure civil actions to be tried by jury. Notice of earliest trial date. Time for completing discovery and filing pre-trial statement; no EXECUTIVE AGENCIES DEPARTMENT OF BANKING Notices Actions on applications (2 documents) , 4398 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Notices Approvals under Act 46 of 2010; correction DEPARTMENT OF ENVIRONMENTAL PROTECTION Notices Applications, actions and special notices Availability of technical guidance Pennsylvania Energy Development Authority meeting Permit extensions law (Act 46); notice of applicability DEPARTMENT OF HEALTH Notices Human Immunodeficiency Virus (HIV) Community Prevention Planning Committee; public meetings Long-term care facilities; request for exception DEPARTMENT OF LABOR AND INDUSTRY Notices Current Prevailing Wage Act debarments DEPARTMENT OF PUBLIC WELFARE Notices Additional class of disproportionate share payments to qualifying teaching hospitals Payment for nursing facility services; nonpublic nursing facility medical assistance enhanced supplemental payments DEPARTMENT OF REVENUE Notices Pennsylvania Cash Celebration 10 instant lottery game Pennsylvania Eagles TM 2010 instant lottery game; change to game rules Pennsylvania Steelers 2010 instant lottery game; change to game rules CONTENTS 4377 DEPARTMENT OF STATE Statements of Policy Notaries public; incompatible crimes DEPARTMENT OF TRANSPORTATION Notices Meetings scheduled ENVIRONMENTAL QUALITY BOARD Notices Change of meeting date EXECUTIVE BOARD Statements of Policy Reorganization of the Pennsylvania Emergency Management Agency FISH AND BOAT COMMISSION Notices Additions to list of class A wild trout waters Removal of certain refuge areas GAME COMMISSION Rules and Regulations Hunting and trapping; protective material required Hunting and trapping; wild pheasant recovery areas Preliminary provisions; disclosure of certain records Proposed Rulemaking Seasons and bag limits; private property coupons Special permits; falconry GOVERNOR S OFFICE Notices Catalog of nonregulatory documents INDEPENDENT REGULATORY REVIEW COMMISSION Notices Notice of filing of final rulemaking INSURANCE DEPARTMENT Notices AmeriHealth; small group pharmacy rate filing; applicability group size of less than J.P. Tyke 22, Inc.; hearing Keystone Health Plan East; small group pharmacy rate filing; applicability group size of less than Progressive Specialty Insurance Company; Progressive Advanced Insurance Company; private passenger automobile; rate revisions; rate filing Review procedure hearings; cancellation or refusal of insurance Vigilante Enterprises; hearing JOINT COMMITTEE ON DOCUMENTS Proposed Rulemaking Prelimiary provisions; definitions Now Available Online at

4 4378 OFFICE OF THE BUDGET Notices Commonwealth financing authority certification for Fiscal Year PENNSYLVANIA PUBLIC UTILITY COMMISSION Notices Numbering Plan Relief Planning for the 570 NPA Service of notice of motor carrier applications PHILADELPHIA REGIONAL PORT AUTHORITY Notices Request for bids PUBLIC SCHOOL EMPLOYEES RETIREMENT BOARD Notices Hearings scheduled STATE BOARD OF NURSING Notices Bureau of Professional and Occupational Affairs v. Jessica Anne Banach, RN; doc. no Bureau of Professional and Occupational Affairs v. Adrienne McNiff Kish, LPN; doc. no Bureau of Professional and Occupational Affairs v. Jacqueline Palaez, LPN; doc. no STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS Notices Bureau of Professional and Occupational Affairs v. Lance C. Blose; doc. no Bureau of Professional and Occupational Affairs v. Sheils V. Wells, t/d/b/a Broadway Auto Sales; doc. no

5 4379 READER S GUIDE TO THE PENNSYLVANIA BULLETIN AND PENNSYLVANIA CODE Pennsylvania Bulletin The Pennsylvania Bulletin is the official gazette of the Commonwealth of Pennsylvania. It is published every week and includes a table of contents. A cumulative subject matter index is published quarterly. The Pennsylvania Bulletin serves several purposes. First, it is the temporary supplement to the Pennsylvania Code, which is the official codification of agency rules and regulations and other statutorily authorized documents. Changes in the codified text, whether by adoption, amendment, repeal or emergency action must be published in the Pennsylvania Bulletin. Further, agencies proposing changes to the codified text do so in the Pennsylvania Bulletin. Second, the Pennsylvania Bulletin also publishes: Governor s Executive Orders; State Contract Notices; Summaries of Enacted Statutes; Statewide and Local Court Rules; Attorney General Opinions; Motor Carrier Applications before the Public Utility Commission; Applications and Actions before the Department of Environmental Protection; Orders of the Independent Regulatory Review Commission; and other documents authorized by law. The text of certain documents published in the Pennsylvania Bulletin is the only valid and enforceable text. Courts are required to take judicial notice of the Pennsylvania Bulletin. Adoption, Amendment or Repeal of Regulations Generally an agency wishing to adopt, amend or repeal regulations must first publish in the Pennsylvania Bulletin a Notice of Proposed Rulemaking. There are limited instances where the agency may omit the proposal step; they still must publish the adopted version. The Notice of Proposed Rulemaking contains the full text of the change, the agency contact person, a fiscal note required by law and background for the action. The agency then allows sufficient time for public comment before taking final action. An adopted proposal must be published in the Pennsylvania Bulletin before it can take effect. If the agency wishes to adopt changes to the Notice of Proposed Rulemaking to enlarge the scope, they must repropose. Citation to the Pennsylvania Bulletin Cite material in the Pennsylvania Bulletin by volume number and page number. Example: Volume 1, Pennsylvania Bulletin, page 801 (short form: 1 Pa.B. 801). Pennsylvania Code The Pennsylvania Code is the official codification of rules and regulations issued by Commonwealth agencies and other statutorily authorized documents. The Pennsylvania Bulletin is the temporary supplement to the Pennsylvania Code, printing changes as soon as they occur. These changes are then permanently codified by the Pennsylvania Code Reporter, a monthly, loose-leaf supplement. The Pennsylvania Code is cited by title number and section number. Example: Title 10 Pennsylvania Code, 1.1 (short form: 10 Pa.Code 1.1). Under the Pennsylvania Code codification system, each regulation is assigned a unique number by title and section. Titles roughly parallel the organization of Commonwealth government. Title 1 Pennsylvania Code lists every agency and its corresponding Code title location. How to Find Documents Search for your area of interest in the Pennsylvania Code. The Pennsylvania Code contains, as Finding Aids, subject indexes for the complete Code and for each individual title, a list of Statutes Used As Authority for Adopting Rules and a list of annotated cases. Source Notes give you the history of the documents. To see if there have been recent changes, not yet codified, check the List of Pennsylvania Code Chapters Affected in the most recent issue of the Pennsylvania Bulletin. The Pennsylvania Bulletin also publishes a quarterly List of Pennsylvania Code Sections Affected which lists the regulations in numerical order, followed by the citation to the Pennsylvania Bulletin in which the change occurred. SUBSCRIPTION INFORMATION: (717) GENERAL INFORMATION AND FINDING AIDS: (717)

6 4380 Printing Format Material proposed to be added to an existing rule or regulation is printed in bold face and material proposed to be deleted from such a rule or regulation is enclosed in brackets [ ] and printed in bold face. Asterisks indicate ellipsis of Pennsylvania Code text retained without change. Proposed new or additional regulations are printed in ordinary style face. Fiscal Notes Section 612 of The Administrative Code of 1929 (71 P. S. 232) requires that the Office of Budget prepare a fiscal note for regulatory actions and administrative procedures of the administrative departments, boards, commissions or authorities receiving money from the State Treasury stating whether the proposed action or procedure causes a loss of revenue or an increase in the cost of programs for the Commonwealth or its political subdivisions; that the fiscal note be published in the Pennsylvania Bulletin at the same time as the proposed change is advertised; and that the fiscal note shall provide the following information: (1) the designation of the fund out of which the appropriation providing for expenditures under the action or procedure shall be made; (2) the probable cost for the fiscal year the program is implemented; (3) projected cost estimate of the program for each of the five succeeding fiscal years; (4) fiscal history of the program for which expenditures are to be made; (5) probable loss of revenue for the fiscal year of its implementation; (6) projected loss of revenue from the program for each of the five succeeding fiscal years; (7) line item, if any, of the General Appropriation Act or other appropriation act out of which expenditures or losses of Commonwealth funds shall occur as a result of the action or procedures; (8) recommendation, if any, of the Secretary of the Budget and the reasons therefor. The required information is published in the foregoing order immediately following the proposed change to which it relates; the omission of an item indicates that the agency text of the fiscal note states that there is no information available with respect thereto. In items (3) and (6) information is set forth for the first through fifth fiscal years; in that order, following the year the program is implemented, which is stated. In item (4) information is set forth for the current and two immediately preceding years, in that order. In item (8) the recommendation, if any, made by the Secretary of Budget is published with the fiscal note. See 4 Pa. Code et seq. Where no fiscal impact is published, the statement means no additional cost or revenue loss to the Commonwealth or its local political subdivision is intended. Reproduction, Dissemination or Publication of Information Third parties may not take information from the Pennsylvania Code and Pennsylvania Bulletin and reproduce, disseminate or publish such information except as provided by 1 Pa. Code Pa. Code 3.44 reads as follows: General permission to reproduce content of Code and Bulletin. Information published under this part, which information includes, but is not limited to, cross references, tables of cases, notes of decisions, tables of contents, indexes, source notes, authority notes, numerical lists and codification guides, other than the actual text of rules or regulations may be reproduced only with the written consent of the Bureau. The information which appears on the same leaf with the text of a rule or regulation, however, may be incidentally reproduced in connection with the reproduction of the rule or regulation, if the reproduction is for the private use of a subscriber and not for resale. There are no other restrictions on the reproduction of information published under this part, and the Commonwealth hereby consents to a reproduction.

7 List of Pa. Code Chapters Affected 4381 The following numerical guide is a list of the chapters of each title of the Pennsylvania Code affected by documents published in the Pennsylvania Bulletin during Pa. Code (General Provisions) Proposed Rules Pa. Code (Administration) Adopted Rules 1...8, , , 212, 399, a... 14, , Proposed Rules Statements of Policy , 1406, 1926, 2135, 2287, 2979, 3361, 3672, 3866, Pa. Code (Agriculture) Proposed Rules Statements of Policy 28b Pa. Code (Banks and Banking) Adopted Rules Statements of Policy Pa. Code (Commerce, Trade and Local Government) Adopted Rules Statements of Policy Pa. Code (Education) Adopted Rules Pa. Code (Environmental Protection) Adopted Rules Proposed Rules , 3845, , a , , , Pa. Code (Health and Safety) Adopted Rules Pa. Code (Insurance) Proposed Rules Pa. Code (Labor and Industry) Proposed Rules Pa. Code (Law) Adopted Rules Pa. Code (Liquor) Adopted Rules , 3494, Pa. Code (Professional and Vocational Standards) Adopted Rules , , , Proposed Rules , , 2652

8 , b , Statements of Policy Pa. Code (Public Officers) Adopted Rules Pa. Code (Public Utilities) Adopted Rules Proposed Rules , 1764, 2267, , Statements of Policy , 2289, 2443, Pa. Code (Public Welfare) Adopted Rules Proposed Rules Statement of Policy , Pa. Code (Recreation) Adopted Rules , , 1500, , 3103, 3105, 3106, 3107, 4387, , , a a a...975, 1082, a a a a , a a...416, 1082, a a a , , 1156, 1740, 2088, 2539, , 3109, , 2953, 3116, , , 1911, 2959, 3109, , 2088, , 2959, , 2959, , 2959, , 2959, , 2959, , 2959, , 2959, , 2959, , 2959, , 2959, 3109, , 2959, , 2959, , 2959, Proposed Rules , , , 1752, 1753, 1754, 3123, , , a

9 Pa. Code (Revenue) Adopted Rules Proposed Rules Pa. Code (Transportation) Adopted Rules , Pa. Code (Judicial Administration) Adopted Rules Pa. Code (Judicial System General Provisions) Adopted Rules , Proposed Rules Pa. Code (Appellate Procedure) Proposed Rules Pa. Code (Rules of Evidence) Proposed Rules ART. I Pa. Code (Rules of Civil Procedure) Adopted Rules , 518, 1395, , 586, , , 700, 2243 Proposed Rules , Pa. Code (Rules of Criminal Procedure) Adopted Rules , , 2012 Proposed Rules , 2517, 2519, Pa. Code (Juvenile Rules) Adopted Rules , , , , Proposed Rules Pa. Code (Minor Court Civil Rules) Adopted Rules Proposed Rules Pa. Code (Philadelphia Rules) Unclassified...237, 1075, 1629, 1730, 2013, Pa. Code (Allegheny County Rules) Unclassified...838, 1399, Pa. Code (Local Court Rules) Unclassified... 23, 24, 237, 238, 414, 415, 523, 701, 702, 838, 840, 969, 1079, 1080, 1147, 1403, 1490, 1498, 1629, 1630, 1632, 1633, 1730, 1731, 1732, 1733, 1893, 1896, 1897, 2014, 2254, 2257, 2414, 2416, 2418, 2419, 2420, 2531, 2635, 2636, 2742, 2743, 2745, 2934, 2935, 2938, 3083, 3087, 3089, 3327, 3493, 3661, 3822, 3823, 3824, 3943, 4153, 4248, 4249, 4250, 4251, 4384

10 4384 Title 255 LOCAL COURT RULES MONTGOMERY COUNTY Amendment of Local Rule of Civil Procedure Civil Actions to be tried by Jury. Notice of Earliest Trial Date. Time for Completing Discovery and Filing Pre-Trial Statement; No Order And Now, this 21st day of July, 2010, the Court hereby amends Montgomery County Local Rule of Civil Procedure Civil Actions to be Tried by Jury. Notice of Earliest Trial Date. Time for Completing Discovery and Filing Pre-Trial Statement. This Amended Rule shall become effective thirty days after publication in the Pennsylvania Bulletin. The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in The Legal Intelligencer. In conformity with Pa.R.C.P. 239, seven (7) certified copies of the within Order shall be filed by the Court Administrator with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, and one (1) certified copy shall be filed with the Civil Procedural Rules Committee. One (1) copy shall be filed with the Prothonotary, one (1) copy with the Clerk of Courts, and (1) copy with the Court Administrator of Montgomery County, one (1) copy with the Law Library of Montgomery County and one (1) copy with each Judge of this Court. By the Court RICHARD J. HODGSON, President Judge Deleted material is bold and bracketed. New material is bold. Rule Civil Actions to be Tried by Jury. Notice of Earliest Trial Date. Time for Completing Discovery and Filing Pre-Trial Statement. (a)* The Court hereby extends Pa.R.C.P and to apply to civil actions to be tried non-jury, and to equity actions. The notice of [ first listing for trial ] scheduling for Pre-Trial Conference, generated by the Court Administrator s Office at least 50 days prior to said [ trial ] conference date, shall serve as notice of the earliest trial date required by Pa.R.C.P (a). (b)* All pre-trial statements are to be filed in the Prothonotary s Office, and a hard copy provided to the Pre-Trial Conference Judge s Chambers, not later than [ 14 ] 7 days prior to the [ earliest trial ] Pre-Trial Conference date. Comment: Pursuant to Pa.R.C.P (c)(2), Montgomery County has altered the times set for the filing of pre-trial statements as set forth in Pa.R.C.P (b). This Rule applies to matters that are certified for trial pursuant to Local Rule of Civil Procedure 212.1*(d). [Pa.B. Doc. No Filed for public inspection August 6, 2010, 9:00 a.m.] THE COURTS COMMONWEALTH COURT Notice to Election Bar and Administrative Order; Objections to Nomination Papers for Statewide Office, August, 2010 Pursuant to Pennsylvania law, the number of qualified signers on papers nominating an independent or third party candidate for national or statewide office must equal two percent of the largest entire vote cast for any elected candidate in Pennsylvania at the last preceding election involving statewide candidates. 1 In 2010, the required number of valid signatures amounts to 19,082. Because of the logistics inherent in resolving challenges to such a large number of signatures, objections filed to nomination papers for statewide or national office must be filed in a manner that is readily accessible and flexible for use by the Court and the parties. Therefore, the Court Orders, as follows: IN THE COMMONWEALTH COURT OF PENNSYLVANIA In Re: Objections to Nomination : Papers for Statewide : No. 126 Misc. Docket No. 3 Office, August, 2010 : And Now, this 28th day of July, 2010, it is hereby Ordered that all Petitions to Set Aside Nomination Papers (objection petitions) of candidates seeking national or statewide office shall, and objection petitions to all other nomination papers may, be filed in electronic format as well as filed in the usual paper format (original and one copy), utilizing the following guidelines: 1. The objection petition shall specify objections to individual signature lines in nomination papers and these shall be set forth in an EXCEL spreadsheet format, i.e. as an xls or xlsx file (not as a pdf or similar file) using the downloadable spreadsheet provided on the Court s web site at: 2. Spreadsheet columns shall include, for each challenged signature line: page number, line number, county, and the reason or reasons for each challenge, as designated in the spreadsheet on the Court s web site. The spreadsheet shall designate the grounds for challenge by codes, as follows: NR = Not Registered NRA = Not Registered at Address NRDS = Not Registered on Date Signed OC = Out of County Ill = Illegible LIO = Line Information Omitted DUP = Duplicate IHA = Line Information in Hand of Another N/I = Nickname/Initial PRI = Printed Signature DCA = Defective Circulator Affidavit SAC = Signed After Circulator s Affidavit Dated Other = Any ground for objection not listed above 1 Section of the Election Code, Act of June 3, 1937, P. L. 1333, added by the Act of February 19, 1986, P. L. 29, 25 P. S (referencing Section 951 of the Election code, 25 P. S. 2911).

11 THE COURTS The objection petition shall clearly state the number of signature lines challenged as well as the total number of completed signature lines on the face of the nomination papers. 4. Any global legal challenges must be clearly and separately stated in the objection petition. 5. When an objection petition is filed using the spreadsheet: (a) Objector shall attach to the objection petition as an exhibit a printed copy of the spreadsheet printed on 81/2 x 14 inch paper, with all grid lines showing, and column headers appearing on each printed sheet, as well as a printed copy of the Election Spreadsheet Directions page setting forth the legend of the codes for grounds for challenge; (b) Objector shall file two disks containing an electronic version of the spreadsheet and Election Spreadsheet Directions page as specified in Paragraph 1 above, and; (c) In addition to the usual service requirements, Objector shall serve upon Candidate one disk containing a read-only electronic version of the spreadsheet and Election Spreadsheet Directions page as specified in Paragraph 1 above. The requirement that an objection petition to nominating papers filed for national or statewide office be filed on the designated spreadsheet according to the procedures set forth above may be modified by the Court upon a showing of good cause. Upon the filing of an objection petition, the Court will issue a scheduling and case management order. Counsel should be prepared to litigate in multiple courtrooms simultaneously, and to review contested signature lines and enter into appropriate stipulations prior to any court hearings. The Chief Clerk is hereby directed to send a copy of this Order: (a) to the Court Administrator of Pennsylvania who shall post this Order, a downloadable version of the election spreadsheet, and a sample election scheduling and case management order on the Commonwealth Court page of the Pennsylvania Unified Judicial System web site ( under the heading NOTICE RE: OBJECTIONS TO NOMINATION PAPERS, AUGUST 2010 ; (b) to the Secretary of the Commonwealth who shall post this order conspicuously in the Bureau of Commissions, Elections and Legislation and in such other manner as he deems appropriate; (c) to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, and; (d) for publication in The Legal Intelligencer and the Pennsylvania Law Weekly. BONNIE BRIGANCE LEADBETTER, President Judge [Pa.B. Doc. No Filed for public inspection August 6, 2010, 9:00 a.m.]

12 4386 RULES AND REGULATIONS Title 58 RECREATION GAME COMMISSION [ 58 PA. CODE CH. 131 ] Preliminary Provisions; Disclosure of Certain Records To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 29, 2010, meeting, added (relating to disclosure of certain records) to establish and define the manner that the Commission will respond to certain types of record requests. The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth. The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code). Notice of proposed rulemaking was published at 40 Pa.B (June 12, 2010). 1. Purpose and Authority It is the duty of the Commission to propagate, manage and preserve the game or wildlife of this Commonwealth. To effectively manage the wildlife resources of this Commonwealth, the Commission participates in various reviews for development projects across this Commonwealth. The two most common types of records and reviews are those collected under the Voluntary Wind Power Cooperative Agreements and those collected through the screening process with the Pennsylvania Natural Heritage Program. While some records may overlap, these are two distinct bodies of records. Many times the information gathered and shared is with regard to threatened and endangered species and even more often the information is with regard to species of special concern and greatest conservation need. In many cases, it is developed by developers themselves and is proprietary with regard to the site, the protocol and the findings. In all cases, information gathered and shared during these reviews is necessary to formulate policy and recommendations regarding policy and actions, including regulations and decisions about legal actions with regard to various types of development. In addition, the Commission keeps records regarding hunting and furtaking licenses to effectively manage the wildlife resources of this Commonwealth. Finally, many records contain personal identifying information which is necessary to predeliberative action, proprietary or the disclosure of which carries substantial and demonstrable risk of physical harm. The Commonwealth established the Right-to-Know Law (act) (65 P. S ), effective January 1, Under the act, the definition of public record has changed and the list of exemptions to disclosure has grown. Under the prior law, documents regarding reviews would not have been of the kind or character to be a public record; under the act, they are classified as public records. In addition, hunting and furtaking license records were specifically exempt from disclosure by section 325 of the code (relating to limitation on disclosure of certain records). However, with the passage of the act, questions have again arisen with regard to these two classes of sensitive information. To clarify for Commission staff and the public how the act will be implemented with regard to the classes of records indicated as those collected for review and those regarding hunting and furtaking licenses, the Commission adds Section 2722(g) of the code (relating to authorized license-issuing agents) directs the Commission to adopt regulations for the administration, control and performance of license issuing activities. Section 2102(a) of the code (relating to regulations) provides that The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth. The addition of was adopted under this authority. 2. Regulatory Requirements The final-form rulemaking adds to establish and define the manner that the Commission will respond to certain types of record requests. 3. Persons Affected Persons seeking wind power records, Pennsylvania Natural Heritage Program records or recreational license records from the Commission may be affected by the final-form rulemaking. 4. Comment and Response Summary The Commission received one official comment in opposition to the final-form rulemaking. 5. Cost and Paperwork Requirements The final-form rulemaking should not result in additional cost or paperwork. 6. Effective Date The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission. 7. Contact Person For further information regarding the final-form rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA , (717) Findings The Commission finds that: (1) Public notice of intention to adopt the regulation adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S and 1202) and the regulations thereunder, 1 Pa. Code 7.1 and 7.2. (2) The adoption of the regulation of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute. Order The Commission, acting under authorizing statute, orders that: (a) The regulations of the Commission, 58 Pa. Code Chapter 131, are amended by adding to read as set forth at 40 Pa.B

13 RULES AND REGULATIONS 4387 (b) The Executive Director of the Commission shall certify this order and 40 Pa.B and deposit them with the Legislative Reference Bureau as required by law. (c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin. CARL G. ROE, Executive Director Fiscal Note: Fiscal Note remains valid for the final adoption of the subject regulation. [Pa.B. Doc. No Filed for public inspection August 6, 2010, 9:00 a.m.] GAME COMMISSION [ 58 PA. CODE CH. 141 ] Hunting and Trapping; Protective Material Required To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 29, 2010, meeting, amended (relating to protective material required) to eliminate the voluntary posting of protective material outside of manufactured blinds allowance. In the alternative, final-form rulemaking requires that hunters hunting during any firearms season for deer, elk or bear post a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet of a blind meeting the requirements in section 2308(a)(3) of the code (relating to unlawful devices and methods) in a manner that is visible within a 360 arc in addition to requirement of the wearing of protective material on their persons. The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth. The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code). Notice of proposed rulemaking was published at 40 Pa.B (June 12, 2010). 1. Purpose and Authority At its April 18, 2007, meeting, the Commission adopted amendments to that permitted the posting of protective material within 15 feet of a blind meeting the requirements in section 2308(a)(3) of the code instead of wearing the required protective material on their person while hunting during any firearms season for deer, elk or bear. These amendments were made in response to concerns raised by hunters regarding the then current requirement that protective material be worn only on their person inside a manufactured blind where its visual effectiveness is severely diminished. This requirement did not afford adequate safety for hunters. Upon further reflection of this issue, the Commission determined that a mandatory posting of protective material outside a manufactured blind for hunters who choose to utilize them while hunting during any firearms season for deer, elk or bear will better protect their safety rather than the current voluntary alternative. To this end, the Commission amends to eliminate the voluntary posting of protective material outside of manufactured blinds allowance and in the alternative require that hunters hunting during any firearms season for deer, elk or bear post a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet of a blind meeting the requirements in section 2308(a)(3) of the code in a manner that is visible within a 360 arc in addition to the requirement of the wearing of protective material on their persons. Section 2102(a) of the code (relating to regulations) provides that The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth. The amendments to were adopted under this authority. 2. Regulatory Requirements The final-form rulemaking amends to eliminate the voluntary posting of protective material outside of manufactured blinds allowance and in the alternative require that hunters hunting during any firearms season for deer, elk or bear post a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet of a blind meeting the requirements in section 2308(a)(3) of the code in a manner that is visible within a 360 arc in addition to the requirement of the wearing of protective material on their persons. 3. Persons Affected Persons wishing to hunt during any firearms season for deer, elk or bear from a blind meeting the requirements in section 2308(a)(3) of the code will be affected by the final-form rulemaking. 4. Comment and Response Summary There were no official comments received regarding the final-form rulemaking. 5. Cost and Paperwork Requirements The final-form rulemaking should not result in additional cost or paperwork. 6. Effective Date The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission. 7. Contact Person For further information regarding the final-form rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA , (717) Findings The Commission finds that: (1) Public notice of intention to adopt the administrative amendment adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S and 1202) and the regulations thereunder, 1 Pa. Code 7.1 and 7.2. (2) The adoption of the amendment of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute. Order The Commission, acting under authorizing statute, orders that:

14 4388 RULES AND REGULATIONS (a) The regulations of the Commission, 58 Pa. Code Chapter 141, are amended by amending to read as set forth in Annex A. (b) The Executive Director of the Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law. (c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin. CARL G. ROE, Executive Director Fiscal Note: Fiscal Note remains valid for the final adoption of the subject regulation. Annex A TITLE 58. RECREATION PART III. GAME COMMISSION CHAPTER 141. HUNTING AND TRAPPING Subchapter A. GENERAL Protective material required. (a) The following requirements apply: (1) General. Except as otherwise provided in subsection (b), it is unlawful to hunt or assist to hunt game or wildlife or move to or from a hunting location, from 1 hour before legal hunting hours to 1 hour after legal hunting hours outside of a motorized vehicle, at any time without wearing a minimum of 250 square inches of daylight fluorescent orange-colored material on the head, chest and back combined so that it is visible in a 360 arc. This shall include going to or from a hunting location before or after legal shooting hours. Except as provided in subsection (b)(2) and (3), camouflage orange clothing is lawful provided it contains the minimum amount of fluorescent orange-colored material. (2) Additional requirements. It is unlawful to hunt during any firearms season for deer, elk or bear from any blind meeting the requirements in section 2308(b)(3) of the act (relating to unlawful devices and methods) without placing a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet from the blind so it is visible in a 360 arc. (b) Permitted acts. It is lawful to: (1) Hunt without wearing daylight fluorescent orangecolored material for: (i) Crows. (ii) Doves. (iii) Waterfowl. (iv) Any wildlife that can be lawfully harvested while hunting under the authority of a valid falconry permit. (v) Deer during the flintlock muzzleloader season with lawful firearms and ammunition for the flintlock muzzleloader season by properly licensed flintlock muzzleloader hunters. (vi) Deer during the archery deer season with a bow and arrow or crossbow and bolt by properly licensed archery hunters except as provided in paragraphs (3)(ii) and (4). (vii) Bear during the archery bear season with a bow and arrow by properly licensed bear hunters except as provided in paragraph (3)(iii). (viii) Furbearers. (ix) Coyotes except from the first day to the last day inclusive of the regular firearms deer season, any firearms bear season and spring turkey season within each wildlife management unit. (x) Turkey during the spring turkey season. (2) Hunt for woodchucks while wearing a hat made of solid daylight fluorescent orange-colored material on the head only. (3) Move about or relocate while wearing a hat containing a minimum of 100 square inches of a solid daylight fluorescent orange-colored material on the head only and be stationary without wearing the required orangecolored material when hunting for: (i) Turkey during the fall turkey season in Wildlife Management Units 1A, 1B, 2A, 2B, 5B, 5C and 5D. (ii) Deer with a bow and arrow or crossbow and bolt during any deer archery season which is concurrent with the fall turkey season within each wildlife management unit. (iii) Bear with a bow and arrow during any bear archery season, which is concurrent with the fall turkey season within each wildlife management unit. (4) Be on stand and stationary while hunting for turkey during the fall season in Wildlife Management Units 2C, 2D, 2E, 2F, 2G, 3A, 3B, 3C, 3D, 4A, 4B, 4C, 4D, 4E and 5A or deer during any firearms deer season that precedes the regular firearms deer season and in lieu of the required 250 square inches place a minimum of 100 square inches of daylight fluorescent orange-colored material within 15 feet of the hunter s location so it is visible in a 360 arc. (c) A person who violates this section shall be subject to the penalties as provided in the act. [Pa.B. Doc. No Filed for public inspection August 6, 2010, 9:00 a.m.] GAME COMMISSION [ 58 PA. CODE CH. 141 ] Hunting and Trapping; Wild Pheasant Recovery Areas To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its June 29, 2010, meeting, amended (relating to wild pheasant recovery areas) to create and define the geographic location of the Hegins-Gratz Valley wild pheasant recovery area (WPRA) and prohibit the hunting of small game and dog training activities from the first Sunday in February through July 31st within any area designated as a WPRA. The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth. The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code). Notice of proposed rulemaking was published at 40 Pa.B (June 12, 2010). 1. Purpose and Authority The Ring-necked Pheasant Management Plan calls for restoring self-sustaining and huntable ring-necked pheasant populations in suitable habitats by establishing at least four WPRAs by Wild-trapped pheasants will

15 RULES AND REGULATIONS 4389 be released in WPRAs in an effort to establish populations of at least ten hens per square mile in the spring, while WPRAs will remain closed to game farm pheasant stocking, pheasant hunting and dog training activities. Small game hunting within WPRAs will also be restricted during critical periods during the population establishment phase. Three WPRAs were listed in 2009 and one additional area, the Hegins-Gratz Valley WPRA, was adopted to prepare for pheasant releases in Section 322(c)(4) of the code (relating to powers and duties of commission) specifically authorizes the Commission to Define geographic limitations or restrictions. Section 2102(c) of the code (relating to regulations) directs that The commission shall promulgate regulations concerning the transportation, introduction into the wild, importation, exportation, sale, offering for sale or purchase of game or wildlife or the disturbing of game or wildlife in their natural habitat. Section 2102(a) of the code provides that The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth. The amendments to were adopted under this authority. 2. Regulatory Requirements The final-form rulemaking amends to create and define the geographic location of the Hegins-Gratz Valley WPRA and prohibits the hunting of small game and dog training activities from the first Sunday in February through July 31st within areas designated as WPRAs. 3. Persons Affected Persons wishing to hunt wild pheasants, release propagated pheasants, train dogs or hunt small game within areas designated as WPRAs may be affected by the final-form rulemaking. 4. Comment and Response Summary There were no official comments received regarding the final-form rulemaking. 5. Cost and Paperwork Requirements The final-form rulemaking should not result in additional cost or paperwork. 6. Effective Date The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission. 7. Contact Person For further information regarding the final-form rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA , (717) Findings The Commission finds that: (1) Public notice of intention to adopt the administrative amendment adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S and 1202) and the regulations thereunder, 1 Pa. Code 7.1 and 7.2. (2) The adoption of the amendment of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute. Order The Commission, acting under authorizing statute, orders that: (a) The regulations of the Commission, 58 Pa. Code Chapter 141, are amended by amending to read as set forth at 40 Pa.B (b) The Executive Director of the Commission shall certify this order and 40 Pa.B and deposit them with the Legislative Reference Bureau as required by law. (c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin. CARL G. ROE, Executive Director Fiscal Note: Fiscal Note remains valid for the final adoption of the subject regulation. [Pa.B. Doc. No Filed for public inspection August 6, 2010, 9:00 a.m.]

16 4390 PROPOSED RULEMAKING GAME COMMISSION [ 58 PA. CODE CH. 139 ] Seasons and Bag Limits; Private Property Coupons To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed, at its June 29, 2010, meeting, to amend (relating to seasons and bag limits for the license year) to reinstate 2,761 coupons on private land that would otherwise be denied. The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth. The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code). The proposed rulemaking was made public at the June 29, 2010, meeting of the Commission. Comments can be sent until August 16, 2010, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA Purpose and Authority The Commission is required to set hunting and furtaking seasons and bag limits on an annual basis. For the seasons, the number of Deer Management Assistance Program permits was capped at the totals within each wildlife management unit without further action by the Board. The Board subsequently learned that applying this cap would result in 2,761 coupons not being issued for private property that is not enrolled in the Commission s Public Access programs. After public comment, the Commission determined it was never its intent to take action that would result in these 2,761 coupons not being issued. This proposed rulemaking is to reinstate those coupons that would otherwise be denied. Section 322(c)(1) of the code (relating to powers and duties of commission) specifically empowers the Commission to fix seasons, daily shooting or taking hours, and any modification thereof, and daily, season and possession limits for any species of game or wildlife. Section 2102(b)(1) of the code authorizes the Commission to promulgate regulations relating to seasons and bag limits for hunting or furtaking.... Theamendments to were proposed under this authority. 2. Regulatory Requirements The proposed rulemaking amends by establishing when and where it is lawful to hunt deer and also place limits on the numbers that can be legally taken during the license year. 3. Persons Affected Persons wishing to hunt deer within this Commonwealth during the license year may be affected by the proposed rulemaking. 4. Cost and Paperwork Requirements The proposed rulemaking should not result in additional cost or paperwork. 5. Effective Date The proposed rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission. 6. Contact Person For further information regarding the proposed rulemaking, contact Richard A. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA , (717) CARL G. ROE, Executive Director Fiscal Note: No fiscal impact; (8) recommends adoption. Annex A TITLE 58. RECREATION PART III. GAME COMMISSION CHAPTER 139. SEASONS AND BAG LIMITS Seasons and bag limits for the license year. (SEASONS AND BAG LIMITS TABLE) OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT, FIELD POSSESSION LIMIT AND SEASON LIMIT OPEN SEASON INCLUDES FIRST AND LAST DATES LISTED * * * * * November 2010 Elk License Allocations Elk Hunt Zones License Type Antlered Antlerless 1 Open Open Subtotal: Total Allocations: Antlerless Deer Allocations Wildlife Management Units (WMUs) 2010 Allocations 1A 42,000 1B 28,500 2A 55,000 2B 68,000 2C 44,100 2D 50,400 2E 21,000 2F 25,200 2G 26,000 3A 26,000 3B 35,000 3C 27,000 3D 33,300 4A 29,000 4B 23,000