volume 51 number 4 saturday, january 23, 2021 † harrisburg ...€¦ · cite material in the...

Volume 51 Number 4Saturday, January 23, 2021 • Harrisburg, PA

Pages 415—534Agencies in this issueThe CourtsDepartment of AgingDepartment of AgricultureDepartment of Banking and SecuritiesDepartment of Conservation and Natural

ResourcesDepartment of Environmental ProtectionDepartment of HealthDepartment of Human ServicesDepartment of RevenueDepartment of TransportationEnvironmental Quality BoardFish and Boat CommissionMilk Marketing BoardOffice of AdministrationPennsylvania Public Utility CommissionProfessional Standards and Practices CommissionSusquehanna River Basin Commission

Detailed list of contents appears inside.

Latest Pennsylvania Code Reporter(Master Transmittal Sheet):

No. 554 January 2021

PENNSYLVANIA

Postmaster send address changes to:

FRY COMMUNICATIONS, Inc.Attn: Pennsylvania Bulletin800 West Church RoadMechanicsburg, Pennsylvania 17055-3198(717) 766-0211 ext. 2340(800) 334-1429 ext. 2340 (toll free, out-of-State)(800) 524-3232 ext. 2340 (toll free, in State)

The Pennsylvania Bulletin is published weekly by FryCommunications, Inc. for the Commonwealth of Pennsylva-nia, Legislative Reference Bureau, 641 Main Capitol Build-ing, Harrisburg, Pennsylvania 17120, under the policysupervision and direction of the Joint Committee on Docu-ments under 45 Pa.C.S. Part II (relating to publication andeffectiveness of Commonwealth documents). The subscrip-tion rate is $87.00 per year, postpaid to points in theUnited States. Individual copies are $2.50. Checks forsubscriptions and individual copies should be made payableto ‘‘Fry Communications, Inc.’’ Periodicals postage paid atHarrisburg, Pennsylvania.

Orders for subscriptions and other circulation mattersshould be sent to:Fry Communications, Inc.Attn: Pennsylvania Bulletin800 West Church RoadMechanicsburg, Pennsylvania 17055-3198

Copyright � 2021 Commonwealth of Pennsylvania

Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of theCommonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 West Church Road, Mechanicsburg, Pennsylva-nia 17055-3198.

BULLETIN(ISSN 0162-2137)

CU

T O

N D

OTT

ED L

INES

AN

D E

NC

LOSE

IN A

N E

NV

ELO

PE

CH

AN

GE

NO

TIC

E/N

EW S

UBS

CRI

PTIO

NIf

info

rma

tio

n o

n m

aili

ng

lab

el i

s in

co

rre

ct,

ple

ase

em

ail

ch

an

ge

s to

info

@p

ab

ulle

tin

.co

m o

r ma

il to

:

FRY

CO

MM

UN

ICA

TIO

NS,

INC

.A

ttn

: Pe

nn

sylv

an

ia B

ulle

tin80

0 W

. Ch

urc

h R

d.

Me

ch

an

icsb

urg

, PA

170

55-3

198

CU

STO

MER

NU

MB

ER (

6 d

igit

nu

mb

er a

bo

ve n

am

e o

n m

aili

ng

lab

el)

NA

ME

OF

IND

IVID

UA

L

OFF

ICE

NA

ME—

TITL

E

AD

DR

ESS

(Nu

mb

er a

nd

Str

ee

t)

(City

) (S

tate

) (Z

ip C

od

e)

TYP

E O

R P

RIN

T LE

GIB

LY

CONTENTSTHE COURTS

MINOR COURT CIVIL RULESRetention of recent amendments to Pa.R.C.P.M.D.J.

No. 515 and 516 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422

EXECUTIVE AND INDEPENDENTAGENCIES

DEPARTMENT OF AGINGNoticesPennsylvania Long-Term Care Council; location

change for February 18, 2021, and April 8, 2021,meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445

Pennsylvania Long-Term Care Council meetings . . . . . 445

DEPARTMENT OF AGRICULTURENoticesCommonwealth Specialty Crop Block Grant Pro-

gram; 2020-2021 program guidelines . . . . . . . . . . . . . . 445Program requirements for the 2020-2021 Agricul-

ture and Youth Organization Grant Program . . . . . . 447

DEPARTMENT OF BANKING AND SECURITIESNoticesActions on applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 449

DEPARTMENT OF CONSERVATION AND NATURALRESOURCES

NoticesCommunity Conservation Partnerships Program

grants available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450Conservation and Natural Resources Advisory

Council WebEx meeting . . . . . . . . . . . . . . . . . . . . . . . . . . 451Grant funding for ATV or snowmobile projects and

programs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451

DEPARTMENT OF ENVIRONMENTAL PROTECTIONNoticesAgricultural Advisory Board 2021 virtual meeting

schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500Applications, actions and special notices. . . . . . . . . . . . . 451Availability of technical guidance . . . . . . . . . . . . . . . . . . . 500Bid opportunity (2 Documents) . . . . . . . . . . . . . . . . . . . . . 501Rescission of grant round for recycling program

development and implementation grants undersection 902 of Act 101, Municipal Waste Planning,Recycling and Waste Reduction Act of 1988. . . . . . . . 501

DEPARTMENT OF HEALTHNoticesEmergency Medical Services Operating Fund fund-

ing priorities for Fiscal Year 2020-2021. . . . . . . . . . . . 501Home health agencies; requests for exception . . . . . . . . 506Human Immunodeficiency Virus (HIV) Community

Prevention Planning Committee; virtual publicmeetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 506

Long-term care nursing facilities; requests for ex-ception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507

DEPARTMENT OF HUMAN SERVICESNoticesAdditional class of disproportionate share hospital

payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507Disproportionate share payments and supplemental

hospital payments to qualifying hospitals. . . . . . . . . . 507Disproportionate share payments for trauma ser-

vices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 508Payment for nursing facility services provided by

nonpublic nursing facilities; Medical AssistanceDay One incentive payments to nonpublic nursingfacilities for fiscal year 2020-2021. . . . . . . . . . . . . . . . . 508

DEPARTMENT OF REVENUENoticesPennsylvania CLOVER ALL OVERTM instant lot-

tery game 1504 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509Pennsylvania Find the Leprechaun instant lottery

game 1502 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513Pennsylvania O’Lucky Coin instant lottery game

1503 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 518Pennsylvania Win Win Win instant lottery game

1501 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 523

DEPARTMENT OF TRANSPORTATIONNoticesApplication for lease of right-of-way. . . . . . . . . . . . . . . . . 527Transportation Advisory Commission virtual confer-

ence call meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 528

ENVIRONMENTAL QUALITY BOARDNoticesMeeting cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 528

FISH AND BOAT COMMISSIONRules and RegulationsFishing; general fishing regulations (4 Docu-

ments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429, 430, 431, 433Fishing; seasons, sizes and creel limits . . . . . . . . . . . . . . 428General provisions; administrative provisions

(2 Documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .426, 427

MILK MARKETING BOARDNoticesHearing and presubmission schedule for all milk

marketing areas; over-order premium; teleconfer-ence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 528

OFFICE OF ADMINISTRATIONRules and RegulationsCivil service reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425

PENNSYLVANIA PUBLIC UTILITY COMMISSIONStatements of PolicyAmended policy statement on diversity at major

jurisdictional utility companies . . . . . . . . . . . . . . . . . . . 435

NoticesService of notice of motor carrier applications. . . . . . . . 529

417

Available Online at http://www.pacodeandbulletin.gov

PENNSYLVANIA BULLETIN, VOL. 51, NO. 4, JANUARY 23, 2021

PROFESSIONAL STANDARDS AND PRACTICESCOMMISSION

NoticesApplication of Eric F. Jackson for reinstatement of

teaching certificates; doc. No. RE-20-004 . . . . . . . . . . 529Application of Sarah Martini for reinstatement of

teaching certificates; doc. No. RE-20-006 . . . . . . . . . . 529

SUSQUEHANNA RIVER BASIN COMMISSION

NoticesGrandfathering registration notice . . . . . . . . . . . . . . . . . . 530Projects approved for consumptive uses of water . . . . . 530Telephonic public hearing . . . . . . . . . . . . . . . . . . . . . . . . . . 532

418


READER’S GUIDE TO THEPENNSYLVANIA BULLETIN

AND THE PENNSYLVANIA CODEPennsylvania Bulletin

The Pennsylvania Bulletin is the official gazette ofthe Commonwealth of Pennsylvania. It is publishedweekly. A cumulative subject matter index is pub-lished quarterly.

The Pennsylvania Bulletin serves several pur-poses. It is the temporary supplement to the Penn-sylvania Code, which is the official codification ofagency rules and regulations, Statewide court rules,and other statutorily authorized documents.Changes in the codified text, whether by adoption,amendment, rescission, repeal or emergency action,must be published in the Pennsylvania Bulletin.

The following documents are published in thePennsylvania Bulletin: Governor’s Executive Orders;Summaries of Enacted Statutes; Statewide andLocal Court Rules; Attorney General Opinions; Mo-tor Carrier Applications before the PennsylvaniaPublic Utility Commission; Applications and Actionsbefore the Department of Environmental Protection;Orders of the Independent Regulatory Review Com-mission; and other documents authorized by law.

The text of certain documents published in thePennsylvania Bulletin is the only valid and enforce-able text. Courts are required to take judicial noticeof the Pennsylvania Bulletin.

Adoption, Amendment or Repeal ofRegulations

Generally an agency wishing to adopt, amend orrescind regulations must first publish in the Penn-sylvania Bulletin a Proposed Rulemaking. There arelimited instances when the agency may omit theproposal step; it still must publish the adoptedversion.

The Proposed Rulemaking contains the full text ofthe change, the agency contact person, a fiscal noterequired by law and background for the action.

The agency then allows sufficient time for publiccomment before taking final action. A Final Rule-making must be published in the PennsylvaniaBulletin before the changes can take effect. If theagency wishes to adopt changes to the ProposedRulemaking to enlarge the scope, it must repropose.

Citation to the Pennsylvania Bulletin

Cite material in the Pennsylvania Bulletin byvolume number, a page number and date. Example:Volume 1, Pennsylvania Bulletin, page 801, January9, 1971 (short form: 1 Pa.B. 801 (January 9, 1971)).

Pennsylvania Code

The Pennsylvania Code is the official codificationof rules and regulations issued by Commonwealthagencies, Statewide court rules and other statuto-rily authorized documents. The Pennsylvania Bulle-tin is the temporary supplement to the Pennsylva-nia Code, printing changes when they are adopted.These changes are then permanently codified by thePennsylvania Code Reporter, a monthly, loose-leafsupplement.

The Pennsylvania Code is cited by title numberand section number. Example: Title 10 Pennsylva-nia Code § 1.1 (short form: 10 Pa. Code § 1.1).

Under the Pennsylvania Code codification system,each regulation is assigned a unique number bytitle and section. Titles roughly parallel the organi-zation of Commonwealth government.

How to Find Rules and Regulations

Search for your area of interest in the Pennsylva-nia Code. The Pennsylvania Code is available atwww.pacodeandbulletin.gov.

Source Notes give the history of regulations. Tosee if there have been recent changes not yetcodified, check the List of Pennsylvania Code Chap-ters Affected in the most recent issue of the Penn-sylvania Bulletin.

A chronological table of the history of Pennsylva-nia Code sections may be found at www.legis.state.pa.us/cfdocs/legis/CH/Public/pcde_index.cfm.

A quarterly List of Pennsylvania Code SectionsAffected lists the regulations in numerical order,followed by the citation to the Pennsylvania Bulle-tin in which the change occurred.

The Pennsylvania Bulletin is available at www.pacodeandbulletin.gov.

Subscription Information: (717) 766-0211General Information and Finding Aids: (717) 783-1530

419


Printing FormatRules, Regulations and Statements of Policy in Titles 1—107 of the Pennsylvania Code

Text proposed to be added is printed in underscored bold face. Text proposed to be deleted is enclosed in brackets[ ] and printed in bold face.

Proposed new chapters and sections are printed in regular type to enhance readability. Final rulemakings andstatements of policy are printed in regular type.

Ellipses, a series of five asterisks, indicate text that is not amended.In Proposed Rulemakings and proposed Statements of Policy, existing text corresponds to the official codified text in

the Pennsylvania Code.Court Rules in Titles 201—246 of the Pennsylvania Code

Added text in proposed and adopted court rules is printed in underscored bold face. Deleted text in proposed andadopted court rules is enclosed in brackets [ ] and printed in bold face.

Proposed new chapters and rules are printed in regular type to enhance readability.Ellipses, a series of five asterisks, indicate text that is not amended.

Fiscal NotesSection 612 of The Administrative Code of 1929 (71 P. S. § 232) requires the Governor’s Budget Office to prepare a

fiscal note for regulatory actions and administrative procedures of the administrative departments, boards, commissionsand authorities receiving money from the State Treasury. The fiscal note states whether the action or procedure causesa loss of revenue or an increase in the cost of programs for the Commonwealth or its political subdivisions. The fiscalnote is required to be published in the Pennsylvania Bulletin at the same time as the change is advertised.

A fiscal note provides the following information: (1) the designation of the fund out of which the appropriationproviding for expenditures under the action or procedure shall be made; (2) the probable cost for the fiscal year theprogram is implemented; (3) projected cost estimate of the program for each of the 5 succeeding fiscal years; (4) fiscalhistory of the program for which expenditures are to be made; (5) probable loss of revenue for the fiscal year of itsimplementation; (6) projected loss of revenue from the program for each of the 5 succeeding fiscal years; (7) line item, ifany, of the General Appropriation Act or other appropriation act out of which expenditures or losses of Commonwealthfunds shall occur as a result of the action or procedures; and (8) recommendation, if any, of the Secretary of the Budgetand the reasons therefor.

The omission of an item indicates that the agency text of the fiscal note states that there is no information availablewith respect thereto. In items (3) and (6) information is set forth for the first through fifth fiscal years, following theyear the program is implemented, which is stated. In item (4) information is set forth for the current and twoimmediately preceding years. In item (8) the recommendation, if any, made by the Secretary of the Budget is publishedwith the fiscal note. ‘‘No fiscal impact’’ means no additional cost or revenue loss to the Commonwealth or its localpolitical subdivision is intended. See 4 Pa. Code Chapter 7, Subchapter R (relating to fiscal notes).

Reproduction, Dissemination or Publication of InformationThird parties may not take information from the Pennsylvania Code and Pennsylvania Bulletin and reproduce,

disseminate or publish information except as provided by 1 Pa. Code § 3.44:

§ 3.44. 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 listsand codification guides, other than the actual text of rules or regulations may be reproduced only with thewritten consent of the [Legislative Reference] Bureau. The information which appears on the same leaf withthe text of a rule or regulation, however, may be incidentally reproduced in connection with the reproductionof the rule or regulation, if the reproduction is for the private use of a subscriber and not for resale. Thereare no other restrictions on the reproduction of information published under this part, and the Common-wealth hereby consents to a reproduction.

420


List of Pa. Code Chapters AffectedThe 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 2021.

4 Pa. Code (Administration)Adopted Rules602 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425607 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425

Statements of Policy9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183

25 Pa. Code (Environmental Protection)Adopted Rules121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283

49 Pa. Code (Professional and Vocational Standards)Adopted Rules33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304

Proposed Rules18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18047 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1448 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1449 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

52 Pa. Code (Public Utilities)Statements of Policy69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435

58 Pa. Code (Recreation)Adopted Rules51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .426, 42761 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42863 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42965 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430, 431, 433

204 Pa. Code (Judicial System General Provisions)Adopted Rules82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179

210 Pa. Code (Appellate Procedure)Adopted Rules65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

231 Pa. Code (Rules of Civil Procedure)Adopted Rules200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2651910 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265

246 Pa. Code (Minor Court Civil Rules)Proposed Rules500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422

255 Pa. Code (Local Court Rules)Unclassified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 12

421


THE COURTSTitle 246—MINOR COURT

CIVIL RULESPART I. GENERAL

[ 246 PA. CODE CH. 500 ]Retention of Recent Amendments to Pa.R.C.P.M.D.J.

No. 515 and 516

The Minor Court Rules Committee seeks public com-ment on the retention of recent amendments toPa.R.C.P.M.D.J. No. 515 and 516, permitting a landlordin a case involving a residential lease to request an orderfor possession within 180 days from the date of entry ofjudgment rather than the prior 120 days, for the reasonsset forth in the accompanying Publication Report. Pursu-ant to Pa.R.J.A. No. 103(a)(1), the proposal is beingpublished in the Pennsylvania Bulletin for comments,suggestions, or objections prior to submission to theSupreme Court.

Any reports, notes, or comments in the proposal havebeen inserted by the Committee for the convenience ofthose using the rules. They neither will constitute a partof the rules nor be officially adopted by the SupremeCourt.

The Committee invites all interested persons to submitcomments, suggestions, or objections in writing to:

Pamela S. Walker, CounselMinor Court Rules Committee

Supreme Court of PennsylvaniaPennsylvania Judicial Center

PO Box 62635Harrisburg, PA 17106-2635

FAX: [email protected]

All communications in reference to the proposal shouldbe received by March 15, 2021. E-mail is the preferredmethod for submitting comments, suggestions, or objec-tions; any e-mailed submission need not be reproducedand resubmitted via mail. The Committee will acknowl-edge receipt of all submissions.

By the Minor Court Rules CommitteeHONORABLE MARGARET A. HUNSICKER,

Chair

Annex A

TITLE 246. MINOR COURT CIVIL RULES

PART I. GENERAL

CHAPTER 500. ACTIONS FOR THE RECOVERY OFPOSSESSION OF REAL PROPERTY

Rule 515. Request for Order for Possession.

A. If the magisterial district judge has rendered ajudgment arising out of a non-residential lease that thereal property be delivered up to the landlord, the landlordmay, after the 15th day following the date of the entry ofthe judgment, file with the magisterial district judge arequest for an order for possession. The request shallinclude a statement of the judgment amount, return, andall other matters required by these rules.

B.(1) Except as otherwise provided in subdivision B(2),if the magisterial district judge has rendered a judgment

arising out of a residential lease that the real property bedelivered up to the landlord, the landlord may after the10th day but within 180 days following the date of theentry of the judgment, file with the magisterial districtjudge a request for an order for possession. The requestshall include a statement of the judgment amount, re-turn, and all other matters required by these rules.

(2) In a case arising out of a residential lease, if beforethe landlord requests an order for possession,

(a) an appeal or writ of certiorari operates as asupersedeas; or

(b) proceedings in the matter are stayed pursuant to abankruptcy proceeding or other federal or state law; and

(c) the supersedeas or the bankruptcy or other stay issubsequently stricken, dismissed, lifted, or otherwise ter-minated so as to allow the landlord to proceed to requestan order for possession,

the landlord may request an order for possession onlywithin 180 days of the date the supersedeas or thebankruptcy or other stay is stricken, dismissed, lifted, orotherwise terminated.

Official Note: The 15 days in subdivision A of thisrule, when added to the 16-day period provided for inRule 519A, will give the tenant time to obtain asupersedeas within the appeal period. See Rules 1002,1008, 1009, and 1013.

The 1995 amendment to section 513 of The Landlordand Tenant Act of 1951, 68 P.S. § 250.513, established a10-day appeal period from a judgment for possession ofreal estate arising out of a residential lease. See also Rule1002B(1). Rule 1002B(2)(a) provides for a 30-day appealperiod for tenants who are victims of domestic violence.In most cases, the filing of the request for an order forpossession in subdivision B(1) is not permitted until afterthe appeal period has expired. In cases arising out of aresidential lease, the request for an order for possessiongenerally must be filed within 180 days of the date of theentry of the judgment.

If the tenant is a victim of domestic violence, he or shemay file a domestic violence affidavit to stay the execu-tion of the order for possession until the tenant files anappeal with the prothonotary pursuant to Rule 1002,30 days after the date of entry of the judgment, or byorder of the court of common pleas, whichever is earlier.See Rule 514.1C. No posting of money or bond is requiredto obtain a stay with the filing of a domestic violenceaffidavit; however, upon the filing of an appeal pursuantto Rule 1002, the stay is lifted, and the supersedeasrequirements of Rule 1008 shall apply.

The magisterial district court shall enter stays incompliance with federal or state law, such as theServicemembers Civil Relief Act, 50 U.S.C. §§ 3901 etseq.

Subdivision B(2) provides that in a case arising out of aresidential lease, if a supersedeas (resulting from anappeal or writ of certiorari) or bankruptcy or other stay isstricken, dismissed, lifted, or otherwise terminated, thusallowing the landlord to proceed with requesting an orderfor possession, the request may be filed only within180 days of the date the supersedeas or the bankruptcy orother stay is stricken, dismissed, lifted, or otherwiseterminated.

422


In many judicial districts, appeals of magisterial dis-trict court judgments are submitted to compulsory arbi-tration pursuant to Pa.R.C.P. Nos. 1301—1314. If, afterthe arbitration, the prothonotary enters an award forpossession on the docket in favor of the landlord and thetenant fails to maintain the supersedeas required by Rule1008 prior to the prothonotary entering judgment on theaward, then the landlord may terminate the supersedeaspursuant to Rule 1008B and request an order of posses-sion from the magisterial district judge pursuant to Rule515. If the prothonotary enters an award on the docket infavor of the tenant and the tenant fails to maintain thesupersedeas prior to the prothonotary entering judgmenton the award, the landlord may not obtain an order ofpossession between the time that the prothonotary entersthe arbitration award on the docket and the time that thelandlord files a notice of appeal.

The time limits in which the landlord must request anorder for possession imposed in subdivision B apply onlyin cases arising out of residential leases and in no wayaffect the landlord’s ability to execute on the moneyjudgment. See Rule 516, Note, and Rule 521A.

At the time the landlord files the request for an orderfor possession, the magisterial district court should collectserver fees for all actions through delivery of possession.Thereafter, if the order for possession is satisfied 48 hoursor more prior to a scheduled delivery of possession, aportion of the server costs may be refundable. See Rules516 through 520 and 44 Pa.C.S. § 7161(d).

Rule 516. Issuance and Reissuance of Order forPossession.

A. Upon the timely filing of the request form, themagisterial district judge shall issue the order for posses-sion and shall deliver it for service and execution to thesheriff of, or any certified constable in, the county inwhich the office of the magisterial district judge issituated. If this service is not available to the magisterialdistrict judge, service may be made by any certifiedconstable of the Commonwealth. The order shall directthe officer executing it to deliver actual possession of thereal property to the landlord. The magisterial districtjudge shall attach a copy of the request form to the orderfor possession.

B.(1) Except as otherwise provided in subdivision C,upon written request of the landlord the magisterialdistrict judge shall reissue an order for possession for oneadditional 60-day period.

(2) If an order for possession is issued and subse-quently superseded by an appeal, writ of certiorari,supersedeas, or a stay pursuant to a bankruptcy proceed-ing or other federal or state law or Rule 514.1C, and

(a) the appeal, writ of certiorari, or supersedeas isstricken, dismissed, or otherwise terminated; or

(b) the bankruptcy or other stay is lifted; and

(c) the landlord wishes to proceed with the order forpossession,

the landlord must file with the magisterial district judgea written request for reissuance of the order for posses-sion in accordance with subdivision B(1).

C. In a case arising out of a residential lease and uponwritten request of the landlord, the magisterial districtjudge shall reissue an order for possession for no morethan two additional 60-day periods. A request for reissu-ance of an order for possession may be filed only within180 days of the date of the entry of the judgment or, in a

case in which the order for possession is issued andsubsequently superseded by an appeal, writ of certiorari,supersedeas, or a stay pursuant to a bankruptcy proceed-ing or other federal or state law or Rule 514.1C, onlywithin 180 days of the date the appeal, writ of certiorari,or supersedeas is stricken, dismissed, or otherwise termi-nated or the bankruptcy or other stay is lifted.

D. A written request for reissuance of the order forpossession, filed after an appeal, writ of certiorari, orsupersedeas is stricken, dismissed, or otherwise termi-nated, or a bankruptcy or other stay is lifted, must beaccompanied by a copy of the court order or otherdocumentation striking, dismissing, or terminating theappeal, writ of certiorari, or supersedeas, or lifting thebankruptcy or other stay.

Official Note: The order for possession deals only withdelivery of possession of real property and not with a levyfor money damages. A landlord who seeks execution of themoney judgment part of the judgment must proceedunder Rule 521A, using the forms and procedure thereprescribed. The reason for making this distinction is thatthe printed notice requirements on the two forms, and theprocedures involved in the two matters, differ widely.

Subdivision B provides for reissuance of the order forpossession for one additional 60-day period. However,pursuant to subdivision C, in cases arising out of aresidential lease, the request for reissuance of the orderfor possession must be filed within 180 days of the date ofthe entry of the judgment or, in a case in which the orderfor possession is issued and subsequently superseded byan appeal, writ of certiorari, supersedeas or a staypursuant to a bankruptcy proceeding or other federal orstate law or Rule 514.1C, only within 180 days of the datethe appeal, writ of certiorari, or supersedeas is stricken,dismissed, or otherwise terminated, or the bankruptcy orother stay is lifted. In a case arising out of a residentiallease, the magisterial district judge may reissue the orderfor possession for no more than two additional 60-dayperiods. The additional 60-day period need not necessarilyimmediately follow the original 60-day period of issuance.The written request for reissuance may be in any formand may consist of a notation on the permanent copy ofthe request for order for possession form, ‘‘Reissuance oforder for possession requested,’’ subscribed by the land-lord. The magisterial district judge shall mark all copiesof the reissued order for possession, ‘‘Reissued. Requestfor reissuance filed (time and date).’’ A newform may be used upon reissuance, those portions re-tained from the original being exact copies althoughsignatures may be typed or printed with the mark ‘‘/s/.’’There are no filing costs for reissuing an order forpossession, for the reissuance is merely a continuation ofthe original proceeding. However, there may be additionalserver costs for service of the reissued order for posses-sion.

The magisterial district court shall enter stays incompliance with federal or state law, such as theServicemembers Civil Relief Act, 50 U.S.C. §§ 3901 etseq.

In many judicial districts, appeals of magisterial dis-trict court judgments are submitted to compulsory arbi-tration pursuant to Pa.R.C.P. Nos. 1301—1314. If, afterthe arbitration, the prothonotary enters an award forpossession on the docket in favor of the landlord and thetenant fails to maintain the supersedeas required by Rule1008 prior to the prothonotary entering judgment on theaward, then the landlord may terminate the supersedeaspursuant to Rule 1008B and request an order of posses-

THE COURTS 423


sion from the magisterial district judge pursuant to Rule515. If the prothonotary enters an award on the docket infavor of the tenant and the tenant fails to maintain thesupersedeas prior to the prothonotary entering judgmenton the award, the landlord may not obtain an order ofpossession between the time that the prothonotary entersthe arbitration award on the docket and the time that thelandlord files a notice of appeal.

The time limits in which the landlord must requestreissuance of an order for possession imposed in subdivi-sion C apply only in cases arising out of residential leasesand in no way affect the landlord’s ability to execute onthe money judgment. See Rule 521A.

PUBLICATION REPORTRetention of Recent Amendments to Pa.R.C.P.M.D.J.

No. 515 and 516The Minor Court Rules Committee (‘‘Committee’’) seeks

public comment on the retention of recent amendments toPa.R.C.P.M.D.J. No. 515 and 516, permitting a landlordin a case involving a residential lease to request an orderfor possession within 180 days from the date of entry ofjudgment rather than the prior 120 days. See Order ofDecember 4, 2020, No. 449, Magisterial Rules Docket. Asset forth below, the amendments were necessitated byexigent circumstances requiring their immediate adoptionin accordance with Pa.R.J.A. No. 103(a)(3), without prior

publication for public comment. The Committee is nowpublishing the amended Rules to obtain input fromstakeholders as to whether the amendments should beretained indefinitely or further modified.

Prior to the 2020 amendments, a landlord in a residen-tial landlord-tenant case was required to file a request foran order for possession no later than 120 days of the dateof entry of the judgment. However, given the financialchallenges facing many Pennsylvanians amid theCOVID-19 pandemic, the Committee recommended, andthe Court adopted, the extension of the 120-day period to180 days. See Rules 515B(1), 516C. Extending the periodallows the parties greater flexibility to enter into privateforbearance agreements that could give tenants additionaltime to satisfy back rent obligations while maintainingcurrent rental payments and housing status.

In publishing the amendments as adopted, the Commit-tee seeks input from stakeholders regarding the contin-ued utility of the 180-day period within which a residen-tial landlord must request an order for possession andwhether the extension should be retained indefinitely orfurther modified. The Committee invites all comments,concerns, and suggestions regarding this proposal.

[Pa.B. Doc. No. 21-105. Filed for public inspection January 22, 2021, 9:00 a.m.]

424 THE COURTS


RULES AND REGULATIONSTitle 4—ADMINISTRATION

OFFICE OF ADMINISTRATIONPART XV. OFFICE OF ADMINISTRATION

[ 4 PA. CODE CHS. 602 AND 607 ]Civil Service Reform

On March 16, 2019, the Office of Administration (OA),under the statutory authority of 71 Pa.C.S. §§ 2101—3304 (relating to civil service reform) (Civil ServiceReform Act), added under the act of June 28, 2018, (P.L.460, No. 71) published temporary regulations implement-ing the Civil Service Reform Act. For the sake of consis-tency, and to take into account the need for changes thathave arisen since implementing the Civil Service ReformAct, the OA finds it necessary to amend the temporaryregulations. Accordingly, the OA is publishing amendedtemporary regulations in Chapters 602 and 607 (relatingto selection of employees for entrance to, or promotion in,the classified service; and notice and hearings), to read asset forth in Annex A.

These amended temporary regulations are promulgatedunder section 2203(b) of the Civil Service Reform Act,(71 Pa.C.S. § 2203(b) (relating to regulations)), whichauthorizes the OA to promulgate temporary regulations tofacilitate prompt implementation of the Civil ServiceReform Act. Temporary regulations adopted under thisauthority are not subject to sections 201—205 of the actof July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201—1205) known as the Commonwealth Documents Law;section 204(b) of the Commonwealth Attorneys Act(71 P.S. § 732-204(b)); or the requirements of the Regula-tory Review Act (71 P.S. §§ 745.1—745.15).

The amendments clarify § 602.1(b) (relating to applica-tion requirements) to indicate information that an appli-cant should include on an application for employment andto advise applicants that the information on an appli-cant’s application may be subject to audit by the OA. Theamendments add the terms ‘‘gender’’ or ‘‘similar factors’’to § 602.1(c)(2) and (3) to allow the OA to consider bonafide occupational qualifications where appropriate andnecessary. Section 602.10 (relating to administration andscoring of examinations) is amended to indicate theprocess that will take place when an applicant fails toappear for an in-person examination. Section 602.19(relating to review of eligibility or examination results) isamended to clarify the procedure for an applicant torequest reconsideration of an examination score or eligi-bility determination. In addition, the amendment in§ 607.4 (relating to signatory authority) indicates thepersons in the appointing authority who have authority tosign a personnel action. Also, § 607.6 (relating to hear-ings before the Office of Administration) is amended toremove the requirement that the OA post all hearingnotices on its web site in advance of a hearing.

These amended temporary regulations will take effect30 days after publication in the Pennsylvania Bulletinand will expire on March 16, 2022.

For further information on these amended temporaryregulations, contact Michael Sullivan, Director, Office ofAdministration, Bureau of Talent Acquisition, 506 Fi-

nance Building, 613 North Street, Harrisburg, PA 17120,(717) 710-2107.

MICHAEL NEWSOME,Secretary

Fiscal Note: Fiscal Note 99-11 remains valid for theadoption of these subject regulations.

Annex A

TITLE 4. ADMINISTRATION

PART XV. OFFICE OF ADMINISTRATION

Subpart A. CIVIL SERVICEREFORM—TEMPORARY REGULATIONS

CHAPTER 602. SELECTION OF EMPLOYEES FORENTRANCE TO, OR PROMOTION IN, THE

CLASSIFIED SERVICE

Subchapter A. EXAMINATIONS REQUISITE FORAPPOINTMENT AND PROMOTION

§ 602.1. Application requirements.

* * * * *(b) Evidence of merit and fitness.

(1) An applicant shall include on their application allinformation relevant for determining whether the appli-cant possesses the minimum qualifications for employ-ment in the relevant job classification and, where appli-cable, the selective criteria required for appointment orpromotion to the specific position to which the applicantapplied.

(2) The Office of Administration may require an appli-cant to supply certificates and other appropriate docu-ments as may be relevant in assessing the applicant’sfitness and qualifications for appointment or promotion.

(3) The job specification shall be the primary basis andsource of authority for the evaluation of the minimumqualifications of applicants for examinations.

(4) Information included on an applicant’s applicationmay be subject to audit by the Office of Administration,including audit after the applicant’s appointment or pro-motion. Audits performed under this subsection are sepa-rate and distinct from any verification or backgroundcheck performed by an appointing authority or humanresources staff supporting an appointing authority. Wherethe Office of Administration cannot confirm informationincluded on an applicant’s application, the applicant maybe deemed ineligible for appointment or promotion to therelevant position or otherwise removed from the position.

(c) Limitations on inquiry. Limitations shall be asfollows:

* * * * *(2) The Office of Administration may make inquiries of

an applicant’s age, race, national origin, gender or similarfactors as is necessary to comply with Federal and Statelaws and regulations and this subpart.

(3) The Office of Administration may make inquiries ofan applicant’s age, race, national origin, gender or similarfactors as is necessary to conduct research required tovalidate selection procedures or to otherwise comply withFederal and State laws and regulations on equal opportu-nity. Applicants shall be informed that responses to thesequestions are not mandatory.

* * * * *

425


Subchapter C. ADMINISTRATION OFEXAMINATIONS

§ 602.10. Administration and scoring of examina-tions.

(a) Notice of admittance to examination. An applicantwill be notified of admittance or non-admittance to anexamination.

(1) Failure to appear for in-person examination. Anapplicant, who fails to appear for an in-person examina-tion due to an act or omission of the Office of Administra-tion or another appropriate reason, as determined by theOffice of Administration, shall be given a delayed in-person examination in place of the one for which theapplicant failed to appear. If an applicant’s failure toappear for an in-person examination was not caused byan act or omission of the Office of Administration oranother appropriate reason, as determined by the Officeof Administration, the applicant shall be prohibited fromtaking any in-person examinations for a period of6 months from the scheduled date of the in-personexamination. Repeated failures to appear for an in-personexamination on the part of the applicant may result inthe applicant being prohibited from taking any in-personexaminations for a period of time determined by theOffice of Administration, but not to exceed 2 years.

* * * * *Subchapter E. RATINGS OF COMPETITORS

§ 602.19. Reconsideration of examination score oreligibility determination.

An applicant may request the Office of Administrationreconsider the applicant’s examination score, or an eligi-bility determination finding that the applicant lacks theminimum qualifications or selective criteria required foremployment in a job classification or position, by submit-ting a written request for reconsideration to the Office ofAdministration within 5 business days of the date thatthe notice of examination score or eligibility determina-tion was sent to the applicant by the Office of Administra-tion. The written request for reconsideration shall statethe grounds for the request, specifically explaining whythe applicant’s examination score is incorrect based onthe examination answers provided by the applicant, orwhy the applicant’s eligibility determination was incorrectbased on the information provided by the applicant ontheir application. The Office of Administration will re-review the applicant’s examination or application andprovide the applicant with a further explanation orrevised result.

(1) Appointing authorities may continue the hiringprocess while an applicant’s request for reconsideration ispending review by the Office of Administration.

(i) Where the Office of Administration determines that,due to an administrative error, an applicant received anincorrect examination score, the Office of Administrationwill revise the applicant’s examination score and instructthe appointing authority to consider the applicant forappointment or promotion to the vacancy in accordancewith the act and this subpart.

(ii) Where the Office of Administration determinesthat, due to an administrative error, an applicant wasimproperly determined to lack the minimum qualifica-tions or selective criteria required for employment in ajob classification or position, the Office of Administrationwill score the applicant’s examination and, if the appli-cant obtains a passing examination score, certify theapplicant’s name to the appropriate eligible list or other-

wise refer the applicant’s name to the appointing author-ity with instructions that the appointing authority mustconsider the applicant for appointment or promotion tothe vacancy in accordance with the act and this subpart.

CHAPTER 607. NOTICE AND HEARINGS

Subchapter A. NOTICE

§ 607.4. Signatory authority.

(a) General. A notice of personnel action shall be signedby the head of the appointing authority or an authorizeddesignee thereof.

(b) Authorized designee. An authorized designee of thehead of an appointing authority includes a deputy secre-tary, a bureau director, an office director, a superinten-dent, a deputy superintendent, or an equivalent positionemployed by the appointing authority; a human resourcesdirector or an equivalent position supporting the appoint-ing authority; or an individual who is delegated signatoryauthority on behalf of the head of the appointing author-ity in the manner prescribed by the Office of Administra-tion.

(1) Performance evaluations. For purposes of perfor-mance evaluations, an employee’s immediate supervisorshall be deemed the authorized designee of the head ofthe appointing authority without the need for delegationof signatory authority.

(c) No further delegation. An authorized designee of thehead of an appointing authority may not further delegatesignatory authority.

Subchapter B. PRACTICE AND PROCEEDINGSBEFORE THE OFFICE OF ADMINISTRATION

§ 607.6. Hearings before the Office of Administra-tion.

* * * * *(e) Notice of hearing. The Office of Administration shall

provide advance notice of a scheduled hearing to inter-ested individuals and appointing authorities. The noticewill contain a statement of the matters to be addressed atthe hearing, as well as specific instructions regarding thedate, time and place of hearing.

* * * * *[Pa.B. Doc. No. 21-106. Filed for public inspection January 22, 2021, 9:00 a.m.]

Title 58—RECREATIONFISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 51 ]General Provisions; Administrative Provisions

The Fish and Boat Commission (Commission) amendsChapter 51 (relating to administrative provisions). TheCommission is publishing this final-form rulemaking un-der the authority of 30 Pa.C.S. (relating to Fish and BoatCode) (code). The amendments update the Commission’sregulations concerning royalty rates for sand and gravelpermits.

426 RULES AND REGULATIONS


A. Effective DateThis final-form rulemaking will go into effect upon

publication in the Pennsylvania Bulletin.B. Contact Person

For further information on this final-form rulemaking,contact Wayne Melnick, Esq., P.O. Box 67000, Harrisburg,PA 17106-7000, (717) 705-7810. This final-form rule-making is available on the Commission’s web site atwww.fishandboat.com.C. Statutory Authority

The amendments to § 51.92 (relating to royalty rates)are published under the statutory authority of section503(c) of the Conservation and Natural Resources Act(CNRA) (71 P.S. § 1340.503(c)).D. Purpose and Background

The specific purpose and background of the amend-ments are described in more detail under the summary ofchanges.E. Summary of Changes

Under section 503(c) of the CNRA, the Commission,with the concurrence of the Department of EnvironmentalProtection (Department), is authorized to adjust theamount of royalty payments per ton or cubic yard ofusable or merchantable, or both, sand or gravel, or both,extracted from Commonwealth waters.

There are four companies currently maintaining per-mits which allow the dredging of material from navigablewaters of this Commonwealth. Historically, royalty rateswere set in 1970 and involved establishing a flat rate of$0.10 per adjusted dry ton that was about 6% of theselling price. The rate was adjusted $0.05 each year from1998 to 2001 culminating in $0.30 per dry ton. BetweenJanuary 1, 2002, and December 31, 2010, a variablecalculation using the change in the producer price index(PPI) for sand and gravel from the base year (2002) wasused. This was an administratively burdensome processthat required the carry forward calculations from 2002with annual adjustments to make the Commission wholedue to the timing of PPI rate releases.

In 2010, dredger representatives, the Department, andthe Commission simplified the process into its currentconfiguration using a straightforward calculation with afair rate that multiplied the immediately preceding year’spublished price, average value, dollars per metric ton(converted to U.S. ton) for the commodity sand and gravelin the United States Geological Survey, Mineral Commod-ity Summary per dry ton, provided that the rate per dryton is not less than $0.48. This straightforward approachremoved any ambiguity in the rate setting process andhas been successful for the past decade.

As such, the current royalty rate schedule, which wasadopted in 2011 and is set forth in the Commission’sregulations at § 51.92, expired on December 31, 2020.The Commission and four representatives from the sandand gravel dredging industry have unanimously agreed toextend the previous fair and equitable process for settingroyalty rates for the 10-year period of January 1, 2021,through December 31, 2030.

The Commission therefore amends § 51.92 to readas set forth in the proposed rulemaking published at50 Pa.B. 3894 (August 1, 2020).F. Paperwork

This final-form rulemaking will not increase paperworkand will not create new paperwork requirements.

G. Fiscal ImpactThis final-form rulemaking will have no adverse fiscal

impact on the Commonwealth or its political subdivisions.H. Public Comments

A notice of proposed rulemaking was published at50 Pa.B. 3894. The Commission did not receive any publiccomments regarding the proposal.Findings

The Commission finds that:(1) Public notice of intention to adopt the amendments

adopted by this order has been given under sections 201and 202 of the act of July 31, 1968 (P.L. 769, No. 240)(45 P.S. §§ 1201 and 1202), known as the CommonwealthDocuments Law, and the regulations promulgated there-under, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice ofproposed rulemaking required; and adoption of regula-tions).

(2) A public comment period was provided and nocomments were received.

(3) The adoption of the amendments of the Commissionin the manner provided in this order is necessary andappropriate for administration and enforcement of theauthorizing statutes.Order

The Commission, acting under the authorizing statutes,orders that:

(A) The regulations of the Commission, 58 Pa. CodeChapter 51, are amended by amending § 51.92 to read asset forth at 50 Pa.B. 3894.

(B) The Executive Director will submit this order and50 Pa.B. 3894 to the Office of Attorney General forapproval as to legality and form as required by law.

(C) The Executive Director shall certify this order and50 Pa.B. 3894 and deposit them with the LegislativeReference Bureau as required by law.

(D) This order shall take effect upon publication in thePennsylvania Bulletin.

TIMOTHY D. SCHAEFFER,Executive Director

Fiscal Note: Fiscal Note 48A-298 remains valid for thefinal adoption of the subject regulation.



[ 58 PA. CODE CH. 51 ]General Provisions; Administrative Provisions

The Fish and Boat Commission (Commission) amendsChapter 51 (relating to administrative provisions). TheCommission is publishing this final-form rulemaking un-der the authority of 30 Pa.C.S. (relating to Fish and BoatCode) (code). The amendments update the Commission’sregulations for display of permits.

A. Effective Date

This final-form rulemaking will go into effect uponpublication in the Pennsylvania Bulletin.

RULES AND REGULATIONS 427


B. Contact PersonFor further information on this final-form rulemaking,

contact Wayne Melnick, Esq., P.O. Box 67000, Harrisburg,PA 17106-7000, (717) 705-7810. This final-form rule-making is available on the Commission’s web site atwww.fishandboat.com.C. Statutory Authority

The amendments to §§ 51.123 and 51.127 (relating todisplay of permits; and fishing license and permits) arepublished under the statutory authority of section 2907.3of the code (relating to fishing guide and charter boatpermits).D. Purpose and Background


As the Commission continues to modernize its businesspractices, several permit application procedures havebeen evaluated. An internal review of the Charter Boat/Fishing Guide permit application process revealed thatthe customer and the Commission would benefit greatlyby handling the permitting process online.

Currently, to secure or purchase a permit, a writtenapplication, payment and numerous other supportingdocuments must be provided to the Commission forreview, approval and processing. Once received by theCommission, it generally takes about 30 days to issue apermit, which is then mailed to the permittee.

The proposed plan moving forward is to allow applica-tion for and issuance of the permit online, exclusivelythrough the Outdoor Shop. Waterways ConservationsOfficers would verify applicant provided information dur-ing standard field checks. As part of this transition, therequirement to display a guide sticker on the boat wouldbe removed. Permits would be fulfilled at the point ofpurchase. The 30-day wait time for a permit and the timeand expense associated with preparing a paper applica-tion would be eliminated. Through the automation pro-cess, the Commission would substantially lower the costto review and issue a permit and would eliminate the costof producing and mailing permits, identification decals,patches and other informational materials.

An additional change to § 51.127 would require anindividual guiding on Commonwealth waters to haveCommission issued fishing licenses and permits. Underthe current language, a loophole was created that allowssome nonresidents to guide on Commonwealth watersutilizing their out-of-State license with a Pennsylvanianonresident guide permit.

The Commission therefore amends §§ 51.123 and51.127 to read as set forth in the proposed rulemakingpublished at 50 Pa.B. 5269 (September 26, 2020).F. Paperwork


G. Fiscal Impact

This final-form rulemaking will have no adverse fiscalimpact on the Commonwealth or its political subdivisions.

H. Public Comments

A notice of proposed rulemaking was published at50 Pa.B. 5269. The Commission did not receive any publiccomments regarding the proposal.

Findings

The Commission finds that:

(1) Public notice of intention to adopt the amendmentsadopted by this order has been given under sections 201and 202 of the act of July 31, 1968 (P.L. 769, No. 240)(45 P.S. §§ 1201 and 1202), known as the CommonwealthDocuments Law, and the regulations promulgated there-under, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice ofproposed rulemaking required; and adoption of regula-tions).


(3) The adoption of the amendments of the Commissionin the manner provided in this order is necessary andappropriate for administration and enforcement of theauthorizing statutes.

Order


(A) The regulations of the Commission, 58 Pa. CodeChapter 51, are amended by amending §§ 51.123 and51.127 to read as set forth at 50 Pa.B. 5269.





Fiscal Note: Fiscal Note 48A-302 remains valid for thefinal adoption of the subject regulations.



[ 58 PA. CODE CH. 61 ]Fishing; Seasons, Sizes and Creel Limits

The Fish and Boat Commission (Commission) amendsChapter 61 (relating to seasons, sizes and creel limits).The Commission is publishing this final-form rulemakingunder the authority of 30 Pa.C.S. (relating to Fish andBoat Code) (code). The amendments update the Commis-sion’s regulations concerning Striped Bass fishing in theDelaware River and Estuary.

A. Effective Date

This final-form rulemaking will go into effect uponpublication in the Pennsylvania Bulletin.

B. Contact Person

For further information on this final-form rulemaking,contact Wayne Melnick, Esq., P.O. Box 67000, Harrisburg,PA 17106-7000, (717) 705-7810. This final-form rule-making is available on the Commission’s web site atwww.fishandboat.com.



C. Statutory Authority

The amendments to § 61.2 (relating to Delaware River,West Branch Delaware River and River Estuary) arepublished under the statutory authority of section 2102(b)of the code (relating to rules and regulations).

D. Purpose and Background

The specific purpose and background of the amend-ments are described in more detail under the summary ofchanges.

E. Summary of Changes

The Atlantic States Marine Fisheries Commission’s(ASMFC) management plan for Striped Bass calls formanagement actions when the coast-wide spawning stockbiomass (SSB) or fishing mortality rates reach thresholdsset within the management plan. The SSB threshold is201 million pounds and the current SSB is 151 millionpounds. At the current fishing mortality rates, there isconcern that the SSB will fall further below the thresh-old. Also, because catch and release practices contributesubstantially to overall fishing mortality, states are alsorequired to implement mandatory circle hook require-ments when fishing with bait to reduce release mortalityin recreational Striped Bass fisheries. The ASFMCStriped Bass Management Board, which includes theCommonwealth as a member, has directed all coastalstates to reduce fishing mortality rates by 18% beginningin 2020 and require circle hooks by 2021. This Common-wealth is taking proactive measures to implement circlehook requirements beginning in 2020 to inform anglersand facilitate compliance with this important conserva-tion measure ahead of the ASMFC mandate for imple-mentation beginning in 2021. The amendments to § 61.2are designed to meet this objective.

The ASMFC has directed that the reduction in harvestbe implemented no later than April 1, 2020. To meet thisdeadline, the Commission’s Executive Director, actingunder the authority of § 65.25 (relating to temporarychanges to fishing regulations), has taken immediateaction to amend § 61.2. Specifically, the Executive Direc-tor has amended this section to change the minimum sizelimit for Striped Bass to 28 inches to less than 35 inchesslot limit in the Delaware Estuary (from the Pennsylva-nia line upstream to Calhoun Street Bridge) and Dela-ware River (from the Calhoun Street Bridge upstream)during the periods January 1 through March 31 and June1 through December 31 (one fish daily limit), and tochange the slot limit during the period April 1 throughMay 31 to 21 inches to less than 24 inches (two fish dailylimit). The Executive Director also has amended thesection to require the use of nonoffset (inline) circle hookswhen fishing with bait for any species of fish in the tidalDelaware Estuary, including tributaries from the mouthsof the tributaries upstream to the limit of tidal influence.These actions were taken to meet the requirements of theASMFC and a notice of a Temporary Change to FishingRegulations appeared in the Pennsylvania Bulletin at50 Pa.B. 1625 (March 14, 2020). The temporary changeswent into effect on April 1, 2020, and will remain in effectuntil the Commission, by appropriate action, amends§ 61.2.

The Commission therefore amends § 61.2 to read as setforth in the proposed rulemaking published at 50 Pa.B.3895 (August 1, 2020).

F. Paperwork


G. Fiscal Impact


H. Public Comments

A notice of proposed rulemaking was published at50 Pa.B. 3895. The Commission received a total of twopublic comments regarding the proposal: one supports theproposal and one comment does not pertain to theproposal.

Findings



(2) A public comment period was provided and twocomments were received: one supports the proposal andone comment does not pertain to the proposal.


Order










[ 58 PA. CODE CH. 63 ]Fishing; General Fishing Regulations

The Fish and Boat Commission (Commission) amendsChapter 63 (relating to general fishing regulations). TheCommission is publishing this final-form rulemaking un-der the authority of 30 Pa.C.S. (relating to Fish and BoatCode) (code). The amendments update the Commission’sregulations for the sale and purchase of fish.



A. Effective DateThis final-form rulemaking will go into effect upon

publication in the Pennsylvania Bulletin.B. Contact Person


The amendments to § 63.19(d) (relating to sale andpurchase of fish) are published under the statutoryauthority of section 2102(c) of the code (relating to rulesand regulations).D. Purpose and Background


The Commission regulates both commercial and privatefish cleaning stations under § 63.15a (relating toofficially-recognized fish cleaning stations). This regula-tion allows anglers in certain circumstances to clean fishand dispose of the remains without transporting theintact catch to their home. This is important for manyanglers, especially those on extended trips or visitingspecific waters such as Lake Erie. Official cleaning sta-tions also assist anglers in complying with regulationswhich prevent disposing of fish parts into Commonwealthwaters. Fish processed at an official cleaning stationallow anglers to be exempt from regulations requiring afish to remain intact until reaching the place of consump-tion so it can be identified and measured for compliancewith seasons, sizes and creel limits.

As technologies for cleaning stations change, variousmethods of carcass disposal are utilized. In several states,fish cleaning byproducts may be sold to other entities forfurther beneficial use, such as fertilizer in agriculture. Inthis Commonwealth, cleaning stations are forced to grindthe carcasses and place the byproduct into wastewatertreatment or landfills.

To allow fish cleaning stations to provide a betterservice to Commonwealth anglers and facilitate better useof fish cleaning byproducts, the Commission amends§ 63.19(d) of its regulations to read as set forth in theproposed rulemaking published at 50 Pa.B. 5270 (Septem-ber 26, 2020).F. Paperwork

This final-form rulemaking will not increase paperworkand will not create new paperwork requirements.G. Fiscal Impact

This final-form rulemaking will have no adverse fiscalimpact on the Commonwealth or its political subdivisions.H. Public Comments

A notice of proposed rulemaking was published at50 Pa.B. 5270. The Commission did not receive any publiccomments regarding the proposal.Findings


(1) Public notice of intention to adopt the amendmentsadopted by this order has been given under sections 201and 202 of the act of July 31, 1968 (P.L. 769, No. 240)

(45 P.S. §§ 1201 and 1202), known as the CommonwealthDocuments Law, and the regulations promulgated there-under, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice ofproposed rulemaking required; and adoption of regula-tions).



Order


(A) The regulations of the Commission, 58 Pa. CodeChapter 63, are amended by amending § 63.19(d) to readas set forth at 50 Pa.B. 5270.








[ 58 PA. CODE CH. 65 ]Fishing; Special Fishing Regulations

The Fish and Boat Commission (Commission) amendsChapter 65 (relating to special fishing regulations). TheCommission is publishing this final-form rulemaking un-der the authority of 30 Pa.C.S. (relating to Fish and BoatCode) (code). The amendment adds Bald Eagle Creek tothe Commission’s list of waters under miscellaneousspecial regulations.

A. Effective Date

This final-form rulemaking will go into effect January1, 2021.

B. Contact Person



The amendment to § 65.24 (relating to miscellaneousspecial regulations) is published under the statutoryauthority of section 2307(a) of the code (relating to waterslimited to specific purposes).




The specific purpose and background of the amendmentis described in more detail under the summary ofchanges.


Bald Eagle Creek is a 52.25-mile long stream thatoriginates near the Borough of Port Matilda and flowsnortheast to its confluence with the West BranchSusquehanna River near the City of Lock Haven. Thestream is currently managed as six stream sections forfisheries management purposes. Sections 02, 03 and 04,which total 28.5 miles in length, are currently included inthe Stocked Trout Waters Program.

To provide new and diverse angling opportunities forstocked trout, Commission staff identified a portion ofBald Eagle Creek, Section 03, to implement an experi-mental miscellaneous special regulation designed to en-hance stocked trout management. This regulation will beidentical to § 65.6 (relating to delayed harvest artificiallures only areas); however, all tackle types will bepermitted. As such, the regulation allows for year-roundangling with all tackle types and harvest of up to threetrout per day at least 9 inches in length from June 15through Labor Day, with no harvest permitted the re-mainder of the year. The regulation is designed to providean extended period of catch and release angling with alltackle types for stocked trout; then, as stream conditionsbecome less favorable for trout survival due to decreasedflow and elevated water temperatures, harvest is permit-ted under a reduced creel limit. The objectives are toreduce fishing mortality during the catch and releaseperiod, maintain high trout population densities to pro-vide for high angler catch rates, recycle stocked trout tooptimize their recreational benefit, provide high-qualityangling opportunity for stocked trout in the absence oftackle restrictions and evaluate the use of bait in adelayed harvest regulatory setting.

An 0.86-mile long section of stream located in thevicinity of Julian at the Soaring Eagle Wetland, which isowned and maintained by the Wildlife for EveryoneFoundation (Foundation), provides the ideal location toimplement an experimental regulation as the Foundationplans to construct an ADA-compliant boardwalk, fishingplatform and other amenities that make this reach ofstream accessible to all anglers. Additionally, the recenthabitat improvement projects enhanced instream habitatto provide suitable conditions to retain stocked trout inthis reach throughout the spring and early summer.

The experimental regulation section will also be in-cluded in the Keystone Select Stocked Trout WatersProgram (Program). In 2016, the Commission launchedthe Program with eight stream sections. Due to itsextreme popularity among trout anglers, the Programwas expanded to include 23 stream sections. Under theProgram, large trout, 14 inches to 20 inches in length, arestocked at a rate up to 250 trout per mile, which iscomparable to the abundance of similar-sized fish residingin this Commonwealth’s best wild trout waters. By in-cluding this section of Bald Eagle Creek in the Program,it will allow Commission staff to compare angler use,catch and preferences to other waters in the Programthat are managed with the traditional artificial lures onlyrestrictions.

The Commission therefore amends § 65.24 to read asset forth in the proposed rulemaking published at50 Pa.B. 4648 (September 12, 2020).

F. PaperworkThis final-form rulemaking will not increase paperwork

and will not create new paperwork requirements.G. Fiscal Impact

This final-form rulemaking will have no adverse fiscalimpact on the Commonwealth or its political subdivisions.H. Public Comments

A notice of proposed rulemaking was published at50 Pa.B. 4648. The Commission received a total of twopublic comments regarding the proposal and both com-ments support the proposal.Findings

The Commission finds that:(1) Public notice of intention to adopt the amendments

adopted by this order has been given under sections 201and 202 of the act of July 31, 1968 (P.L. 769, No. 240)(45 P.S. §§ 1201 and 1202), known as the CommonwealthDocuments Law, and the regulations promulgated there-under, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice ofproposed rulemaking required; and adoption of regula-tions).

(2) A public comment period was provided and twocomments were received: both supporting the proposal.

(3) The adoption of the amendments of the Commissionin the manner provided in this order is necessary andappropriate for administration and enforcement of theauthorizing statutes.Order





(D) This order shall take effect on January 1, 2021.TIMOTHY D. SCHAEFFER,

Executive Director





The Fish and Boat Commission (Commission) amendsChapter 65 (relating to special fishing regulations). TheCommission is publishing this final-form rulemaking un-der the authority of 30 Pa.C.S. (relating to Fish and BoatCode) (code). The amendments update the Commission’sregulations for angling on Penns Creek.



A. Effective DateThis final-form rulemaking will go into effect January

1, 2021.B. Contact Person


The amendments to § 65.24 (relating to miscellaneousspecial regulations) are published under the statutoryauthority of section 2307(a) of the code (relating to waterslimited to specific purposes).D. Purpose and Background


Penns Creek is a large, limestone-influenced streamthat supports one of the most popular and renowned wildBrown Trout fisheries in this Commonwealth and theeastern United States. Its excellent insect hatches, largesize and scenic setting in the mountains of CentralPennsylvania draws anglers from across the UnitedStates. Penns Creek is delineated into eight streamsections for fisheries management purposes, with Sections01—07 managed for trout. Penns Creek, Section 03,extends for 7 miles from the confluence with Elk Creek inCoburn, PA downstream to 600 meters downstream of theconfluence with Swift Run. Section 03 was managed as astocked trout fishery until 1992 when it was designatedby the Commission as a Class A wild trout stream andthe stocking of hatchery trout was discontinued in favorof wild trout management.

During 1993, landowner and angler surveys were con-ducted on Section 03 to inform management decisions.Based on this information and biological data collectedduring 1991 and 1992, miscellaneous special regulations(later renamed all-tackle trophy trout under § 65.4a(relating to all-tackle trophy trout)) were developed forSection 03 and implemented on January 1, 1995. Section03 was managed with all-tackle trophy trout regulationsfor 19 years from 1995 to 2013.

During 2012, Commission staff conducted a review ofthe management of Penns Creek, Section 03. Commissionstaff solicited feedback regarding a potential regulationchange from landowners and anglers by means of lettersand a public meeting. Additionally, Commission staffconducted an angler use, harvest and opinion survey tohelp inform a regulation change. To address landownerand angler feedback, to further increase the abundance oflarge wild brown trout and provide the opportunity to useall tackle types and harvest some trout, a new miscella-neous special regulation (slot limit) was established for a7-year period from January 1, 2014, through December31, 2020. The slot limit regulation allows for year-roundfishing, use of all tackle types, and the harvest of twotrout per day that are at least 7 inches but less than 12inches in length from the opening day of trout seasonthrough Labor Day, with no harvest permitted the re-mainder of the year.

The trout population was monitored before and afterimplementation of the slot limit regulation in Section 03.Results of the monitoring showed a significant increase in

the electrofishing catch rates of larger (� 16 inches)brown trout during the post-slot limit regulation imple-mentation period (2014—2019). These results suggestthat the slot limit regulations likely played an importantrole in the increased electrofishing catch of large browntrout in Section 03.

In 2019, Commission staff conducted an angler use,harvest and opinion survey to evaluate the social aspectsof the regulation change and estimate angler harvest.Results showed low harvest of trout occurred and highangler support for continuing the slot limit regulations onPenns Creek, Section 03. Despite low angler harvestunder the slot limit rule, these regulations provide theopportunity for anglers to harvest a trout if they wish,which was an important social consideration when theregulations were implemented.

Given the success of the experimental slot limit regula-tion program on Penns Creek, Section 03, Commissionstaff recommended that the Commission continue thisregulatory approach until further notice. The regulationwould allow for the use of all tackle types and harvest ofup to two trout per day that are at least 7 inches but lessthan 12 inches in length from the opening day of troutseason through Labor Day. No harvest would be permit-ted for the remainder of the year.

The Commission therefore amends § 65.24 to readas set forth in the proposed rulemaking published at50 Pa.B. 3898 (August 1, 2020).

F. Paperwork


G. Fiscal Impact


H. Public Comments

A notice of proposed rulemaking was published at50 Pa.B. 3898. The Commission received a total of127 public comments regarding the proposal: 86 sup-ported the proposal, 20 opposed the proposal, and21 comments did not pertain to the proposal.

Findings



(2) A public comment period was provided and127 comments were received: 86 supported the proposal,20 opposed the proposal, and 21 comments did notpertain to the proposal.


Order







(D) This order shall take effect January 1, 2021.TIMOTHY D. SCHAEFFER,

Executive DirectorFiscal Note: Fiscal Note 48A-300 remains valid for the

final adoption of the subject regulation.[Pa.B. Doc. No. 21-112. Filed for public inspection January 22, 2021, 9:00 a.m.]



The Fish and Boat Commission (Commission) amendsChapter 65 (relating to special fishing regulations). TheCommission is publishing this final-form rulemaking un-der the authority of 30 Pa.C.S. (relating to Fish and BoatCode) (code). The amendments update the Commission’sregulations for use of bait while angling at or on LakePleasant.A. Effective Date

This final-form rulemaking will go into effect on Janu-ary 1, 2021.B. Contact Person



The amendments to § 65.24 (relating to miscellaneousspecial regulations) are published under the statutoryauthority of section 2307(a) of the code (relating to waterslimited to specific purposes).


The specific purpose and background of the amend-ments are described in more detail under the summary ofchanges.


Lake Pleasant, a 61-acre natural lake owned by theCommonwealth and managed by the Commission, islocated in Greene, Venango and Waterford Townships inErie County, approximately 10.5 miles southeast of theCity of Erie. The lake’s cold-water and warm-water fishpopulations are managed with Commonwealth InlandWaters angling regulations. The lake supports high-quality panfish and Largemouth Bass populations thatare sustained through natural reproduction. To maintaina high-quality fishery for stocked trout, the lake receivesannual plants of adult trout during the preseason, in-

season and winter stocking periods which coincide withthe peak periods of angler use and interest in troutangling. Recreational boating is permitted but is re-stricted to unpowered boats only. The Commission doesnot own or lease property adjacent to the lake andapproximately 80% of the lake’s shoreline is owned andmaintained by the Western Pennsylvania Conservancy(WPC) with the remainder owned privately.

Lake Pleasant is one of the least impacted glacial lakesin the region and its natural flora and fauna are arguablythe most intact among this category of waterbodies. Theshoreline is nearly undeveloped, with much of the sur-rounding wetlands undisturbed. The WPC owns 350 acresaround the lake, and the Pennsylvania Game Commissionowns State Game Lands (SGL) 161 to the west and SGL155 to the east. These collectively managed tracts of landact as a buffer for the lake. The lake is spring fed,relatively pristine and clear. The fish community thatresides in Lake Pleasant is a result of unique historicglacial events and contains at least three of the Common-wealth’s list of species (Blackchin Shiner, Warmouth andIowa Darter). Two of these species, the Blackchin Shinerand Iowa Darter, are rare throughout the region due toextensive habitat degradation. The lake is difficult tosurvey for nongame fishes and thus has not received anintensive inventory to date; hence, it is possible thatother rare species requiring pristine glacial lake habitatsexist here and have yet to be documented.

Many of the lakes in northwestern Pennsylvania haveexperienced the release of undesirable fishes, presumablyin the process of being used as bait fish. White Perchhave inexplicably appeared in multiple lakes within theregion. The Round Goby was recently discovered in LakeLeBeouf (French Creek watershed) and now threatens thereceiving waters with ecological modification from a well-documented, aggressive and prolific aquatic invasive spe-cies. Given the acknowledged value and history of preser-vation of Lake Pleasant, additional protection in the formof a new miscellaneous special regulation is warrantedand herein proposed. The new regulation would prohibitthe use of live or dead fish as bait (that is, ‘‘minnows’’) onLake Pleasant; however, would allow for the use of ‘‘saltedminnows’’ and terrestrial invertebrates as bait (that is,worms) for angling purposes. Additionally, the regulationwould prohibit the release of fish in the lake, except forthose caught while angling. This prohibition aims topreserve the existing ecosystem characteristics of LakePleasant and protect native and at-risk species fromharmful impacts that may be associated with non-nativespecies.

The Commission therefore amends § 65.24 to readas set forth in the proposed rulemaking published at50 Pa.B. 3896 (August 1, 2020).

F. Paperwork


G. Fiscal Impact


H. Public Comments

A notice of proposed rulemaking was published at50 Pa.B. 3896. The Commission received a total of sixpublic comments regarding the proposal: all support theproposal.



Findings


(1) Public notice of intention to adopt the amendmentsadopted by this order has been given under sections201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240)(45 P.S. §§ 1201 and 1202), known as the CommonwealthDocuments Law, and the regulations promulgated there-under, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice ofproposed rulemaking required; and adoption of regula-tions).

(2) A public comment period was provided