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PA Bulletin, Doc. No. 99-205b

[29 Pa.B. 726]

[Continued from previous Web Page]

GENERAL SERVICES
Surplus State Property 4 Pa. Code, Chapter 41 Fall, 1999, as proposed. With the enactment of the Commonwealth Procurement Code (Act 57 of 1998) this Chapter must be substantially amended. Further, there is a need for review and revision of these regulations to implement improvements in the transfer and disposition of state surplus property. Barbara L. Shelton
(717) 787-5295
Responsibility 4 Pa. Code Chapter 60 Spring, 1999, as proposed. This chapter must be amended to conform with the legislative changes produced by Act 57. Gary F. Ankabrandt (717) 783-1982
Instructions to Bidders 4 Pa. Code, Chapter 61 Spring, 1999, as proposed. This Chapter has been superseded and should be repealed because such instructions should not be set out in regulatory form. There is a need for flexibility which can be of benefit to the Department as well as bidders. Merle H. Ryan (717) 787-7095
General Conditions of the Construction Contract 4 Pa. Code, Chapter 63 Spring, 1999, as proposed. See comment for Chapter 61. Merle H. Ryan (717) 787-7095
State Art Commission 4 Pa Code, Chapter 65 Spring, 1999, as proposed. The legislation creating the State Art Commission was sunsetted. Merle H. Ryan (717) 787-7095
Emergency Construction Repairs 4 Pa. Code, Chapter 67 Fall, 1999, as proposed. The regulation should be amended to more accurately reflect present practice and to delete contract provisions. Such provisions should not be in regulatory form and their deletion will serve the same purpose as noted for Chapter 61. Merle H. Ryan (717) 787-7095
Contract Compliance 4 Pa. Code, Chapter 68 Spring, 1999, as proposed. Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services John R. McCarty (717) 783-8720
Methods of Awarding Contracts 4 Pa. Code, Chapter 69 Fall, 1999, as proposed. With the enactment of the Commonwealth Procurement Code (Act 57) it is necessary to conform this Chapter with the changes in the law and to address other procurement areas affected by Act 57. Barbara L. Shelton
(717) 787-5295
Commonwealth Parking Facilities 4 Pa. Code, Chapter 71 Summer, 1999, as proposed. Amendments are required because parking locations have been changed. Ronald L. Coy (717) 783-5028
Commonwealth Automotive Fleet 4 Pa. Code, Chapter 73 Summer, 1999, as proposed. The regulation will be amended to eliminate the requirement for a Pennsylvania license to drive a state vehicle and will permit out-of-state licenses. Gary F. Ankabrandt (717) 783-1982
Processing Subscriptions and Sales of Pennsylvania Code and Related Publications 4 Pa. Code, Chapter 81 Summer, 1999, as proposed. These regulations should be repealed since the Department of General Services' Bureau of Management Services no longer has responsibility for the processing of subscriptions and orders for the PA Code. John R. McCarty (717) 783-8720
First Amendment Rights 4 Pa. Code, Chapter 86 Summer, 1999, as proposed. The amendment will extend coverage of the statement of policy to the Philadelphia State Office Building, Pittsburgh State Office Building, Scranton State Office Building, and Reading State Office Building. Gregory C. Santoro
(717) 787-5599
Death Benefits for Survivors of Firemen and Law Enforcement Officers - 4 Pa. Code, Chapter 89 Summer, 1999, as proposed. Since Act 101 of June 24, 1976 (P. L. 424) was amended by Act 161 of 1994 (P. L. 1373), the regulations must be amended to reflect the legislative changes. Ronald L. Coy (717) 783-5028
HEALTH
Emergency Medical Services 28 Pa. Code § 1001.1 et seq. February 1999, as proposed. The amendments to existing regulations will enhance the operation of the Emergency Medical Services System in the Commonwealth. Pursuant to the Emergency Medical Services Act, 35 P. S. §§ 6921-6938. Kenneth E. Brody 717-783-2500
Communicable Diseases 28 Pa. Code § 27.1 et seq. May 1999, as proposed. The amendments to existing regulations will make them consistent with current public health practices for the control of communicable and other reportable conditions. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1-521.21. Yvette Kostelac 717-783-2500
Personnel Administration in County Health Departments 28 Pa. Code § 13.1 et seq.
State Aid to Local Health Departments 28 Pa. Code § 15.1 et seq.
No publication anticipated in the next six months. The amendments to existing regulations will make them consistent with current local health administration practices. Pursuant to the Local Health Administration Law, 16 P. S. §§ 12001-12028. John Middleton 717-783-2500
Drug and Alcohol Confidentiality 4 Pa. Code § 255.1 et seq. and § 257.1 et seq. March 1999, as proposed. These regulations are being reviewed for updating and to address concerns regarding availability of records of patients being treated for drug and alcohol related problems. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690.101-1690.115. Keith Fickel 717-783-2500
Drug and Alcohol Facility Physical Plant Standards
28 Pa. Code § 705.1 - 705.29
February 1999, as proposed. The amendments to existing regulations will establish uniform standards for all residential and non-residential services. Pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act, 71 P. S. §§ 1690.101-1690.115. Keith Fickel 717-783-2500
Organized Camps and Campgrounds
28 Pa. Code § 19.1
No publication anticipated in the next six months. These regulations are being considered for review and updating in part because of the transfer of authority for certain environmental regulations from the former Department of Environment Resources to the Department of Health. Pursuant to 71 P. S. § 532 and 71 P. S. §§ 1340.101 et seq. Nan Lipton 717-783-2500
Environmental Health Assessment
28 Pa. Code § 17.1 et seq.
No publication anticipated in the next six months. These regulations are being considered for review and updating in part because of the transfer of authority for certain environmental regulations from the former Department of Environment Resources to the Department of Health. Pursuant to 71 P. S. § 532 and 71 P. S. §§ 1340.101 et seq. Nan Lipton 717-783-2500
Head Injury Program May 1999, as proposed. These new regulations will facilitate the implementation of this program. Pursuant to the Emergency Medical Services Act, 35 P. S. § 6934(e). John Middleton 717-783-2500
Special Supplemental Food Program for Women, Infants and Children (WIC Program) 28 Pa. Code § 1101. et seq. Spring 1999, as final-omitted. New regulations to address the selection of stores to participate in the food delivery system of the WIC Program. Necessitated as a result of the Commonwealth Court decision in Giant Food Stores, Inc. v. Commonwealth of Pennsylvania, Department of Health, 713 A.2d 177 (Pa. Cmwlth. 1998). The regulations will also revise existing regulations addressing the process for administrative appeals by applicants and participants of the WIC Program, retail stores and local agencies which may be adversely affected by Department decisions. Lesa E. Tressler 717-783-2500
Public Bathing Place Lifeguard Requirements
28 Pa. Code § 18.1; § 18.42
February 1999, as proposed. The amendments to existing regulations will provide lifeguard requirements for recreational swimming establishments, and add requirements for lifeguard certification and factors to be considered in determining adequate lifeguard coverage. Pursuant to Act 75 of 1998, P. L. 531, amending 35 P. S. §§ 672-680 (the Public Bathing Law). Nan Lipton 717-783-2500
Managed Care Organizations 28 Pa. Code 9.1 et seq. September 1999, as proposed. The amendments to existing regulations will update standards governing health maintenance organizations, and supersede statements of policy pertaining to integrated delivery systems and improving quality health care accountability and protection for managed care organizations. Pursuant to the Health Maintenance Organization Act, 40 P. S. §§ 1551-1567, and Act 68 of 1998, amending the Insurance Company Law of 1921, 40 P. S. § 341 et seq. Lori McLaughlin 717-783-2500
Dental Laboratories
28 Pa. Code § 25.301 et seq.
No publication anticipated in the next six months. These new regulations are needed to establish standards for the operation of laboratories in dental offices. Pursuant to the Controlled Substance, Drug, Device and Cosmetic Act, 35 P. S. § 780-101 et seq. Keith Fickel 717-783-2500
Health Facility Licensure-- Long Term Care Facilities
28 Pa. Code § 201.1 et seq.
March 1999, as final. The amendments to existing regulations will update standards regulating long term nursing care facilities, and will incorporate many of the federal long term care certification regulations. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq. James T. Steele, Jr.
717-783-2500
Health Facility Licensure-- Ambulatory Surgical Facilities 28 Pa. Code § 551.1 et seq. March 1999, as final. The amendments to existing regulations will update the standards for ambulatory surgical facilities. Review occurred due to sunset of Certificate of Need. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq. James T. Steele, Jr.
717-783-2500
Health Facility Licensure-- General & Special Hospitals & Health Planning
28 Pa. Code § 301.1 et seq. 28 Pa. Code § 401.1 et seq.
May 1999, as final-omitted. Repeal of chapters on health planning (federal program and certificate of need), as statutory authority for both chapters has terminated. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq. James T. Steele, Jr.
717-783-2500
Health Facility Licensure-- General Administrative Chapter & General and Special Hospitals
28 Pa. Code § 101.1 et seq.
No publication anticipated in the next six months. The amendments to existing regulations will update the licensure standards for general and special hospitals. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq. James T. Steele, Jr.
717-783-2500
Health Facility Licensure -- Hospice No publication anticipated in the next six months. New regulations to require the licensure of health care facilities falling within the definition of ''hospice''. Pursuant to Act 95 of 1998, amending the Health Care Facilities Act, 35 P. S. § 448.101 et seq. John Middleton 717-783-2500
Home Health Care Agencies
28 Pa. Code § 601.1 et seq.
July 1999, as proposed. The amendments to existing regulations will provide for consistency with federal conditions of participation in Medicare programs. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq. Carol Somerset-Griffie 717-783-2500
Birth Centers
28 Pa. Code § 501.1 et seq.
July 1999, as proposed. The amendments to existing regulations will incorporate proposed newborn screening regulations. Pursuant to the Health Care Facilities Act, 35 P. S. § 448.101 et seq. Carol Somerset-Griffie 717-783-2500
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.
INFRASTRUCTURE INVESTMENT AUTHORITY
Pennsylvania Infrastructure Investment Authority Financial Assistance, 25 Pa Code Chapter 963, Chapter 965, Water Pollution Control Revolving Fund Spring/Summer 1999, as proposed. The need for these amendments are twofold: First certain amendments to Chapter 963 will notify the public of certain less onerous regulatory requirements for obtaining a Letter of No Prejudice. Second, certain other amendments to existing regulations are necessary to clarify and inform the public of current agency policy, procedure and program requirements. The grant of authority to amend 25 Pa. Code Chapters 963 and 965 is set forth in Section 6(4)(i) of the Pennsylvania Infrastructure Investment Authority Act, 35 P. S. § 751.6(4)(i). Brion Johnson (717) 783-6798
 
Jayne B. Blake (717) 783-6776
INSPECTOR GENERAL
No regulations being developed or considered at this date.
INSURANCE
Definitions and Logistics, 31 Pa. Code, (NEW Chapter 2) March 1999, as proposed. Common definitions used by the Department will allow elimination of repetitive terms throughout the Insurance Department's regulations. Peter J. Salvatore, 717-787-4429
Allocation of Joint Expenses, 31 Pa. Code, Chapter 3, §§ 3.1-3.6 July 1999, as proposed. Amend to be consistent with current NAIC accounting instructions and to expand the scope of the regulations to include life and health insurers in holding company systems. Peter J. Salvatore, 717-787-4429
Miscellaneous (Relating to Uniform Classification of Expenses), 31 Pa. Code, Chapter 11, §§ 11.1-11.7 July 1999, as proposed. Repeal §§ 11.2 and 11.5-7 to eliminate outdated, unnecessary regulations and amend § 11.4 to clarify current NAIC accounting instructions for electronic data processing expenses. Peter J. Salvatore, 717-787-4429
Costs of Examinations (EDP Expenses), 31 Pa. Code, Chapter 12, §§ 12.1-12.7 October 1999, as proposed. Amend to clarify the various types of costs incurred in the conduct of department examinations. Peter J. Salvatore, 717-787-4429
Stock Ownership Statements, 31 Pa. Code, Chapter 21, §§ 21.1-21.103 July 1999, as proposed. Amend to update requirements relating to Stock Ownership Statements consistent with NAIC model language. Peter J. Salvatore, 717-787-4429
Proxies, Consents and Authorizations, 31 Pa. Code, Chapter 23, §§ 23.1-23.96 July 1999, as proposed. Amend to update requirements relating to Proxies, Consents and Authorizations consistent with NAIC model language. Peter J. Salvatore, 717-787-4429
Acquisitions of Capital Stock (Insurance Company Holding Law) , 31 Pa. Code, Chapter 25, §§ 25.1-25.23 May 1999, as proposed. Amend to be consistent with 1993 amendments to the authorizing statute and to eliminate unnecessary filing requirements Peter J. Salvatore, 717-787-4429
Advances to Mutual, Stock and Life Companies (NEW Chapter 105a) June 1999, as proposed. New regulation to address surplus notes issued by mutual stock and life companies consistent with authorizing statute adopted in 1992. Peter J. Salvatore, 717-787-4429
Assigned Risk Plan, 31 Pa. Code, Chapter 33, § 33.29 April 1999, as final. Repeal current regulation and replace regulation with new chapter (31 Pa. Code, Chapter 67a) to be consistent with Pennsylvania Assigned Risk Plan Peter J. Salvatore, 717-787-4429
Surplus Lines, Chapter 35, §§ 35.1-35.22 April 1999, as final. Repeal current regulations, 31 Pa. Code, Chapters 35 (and Chapter 123) and replace with one updated regulation relating to surplus lines insurance consistent with 1992 statutory amendments. Peter J. Salvatore, 717-787-4429
Producer Licensing, 31 Pa. Code, Chapter 37, §§ 37.1-37.84 August 1999, as proposed. Amend 31 Pa. Code, Chapter 37, Agent Certificates of Qualification and Broker Licenses, consistent with statutory amendments in Act 72 of 1996 and 40 of 1997. Peter J. Salvatore, 717-787-4429
Producer Licensing, 31 Pa. Code, Chapter 39, §§ 39.1-39.22 August 1999, as proposed. Amend Chapter 39 relating to continuing education for agents and brokers consistent with statutory amendments in Act 72 of 1996. Peter J. Salvatore, 717-787-4429
Reserves of Beneficial Societies, 31 Pa. Code, Chapter 43, §§ 43.1-43.2 November 1999, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Advertising of Insurance, 31 Pa. Code, Chapter 51, §§ 51.1-51.61 April 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Special Rules of Administrative, Practice and Procedure, 31 Pa. Code, Chapter 56, §§ 56.1-56.3 April 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Objections and Procedure for Hearings on Reports of Examination, 31 Pa. Code, Chapter 58, §§ 58.1-58.3 July 1999, as proposed. Repeal to eliminate outdated, unnecessary requirements consistent with the new examination law adopted in 1992 (40 P. S. §§ 323.1 - 323.8). Peter J. Salvatore, 717-787-4429
Cancellations and Refusal to Renew Homeowners Insurance, 31 Pa. Code, Chapter 59, §§ 59.1- 59.13 March 1999, as proposed. Amended language to regulation and statute is being drafted pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Notices for and Appeals of Cancellations and Refusals to Renew Automobile Insurance Policies, 31 Pa. Code, Chapter 61, §§ 61.1-61.14 June 1999, as proposed. Modify regulation consistent with the statute (40 P. S. §§ 1008.1 et seq.). The regulations provide guidance to automobile insurers relating to cancellations and nonrenewals of certain automobile insurance policies, and the available administrative process to secure an administrative review of such terminations. Peter J. Salvatore, 717-787-4429
Physical Damage Appraisers, 31 Pa. Code, Chapter 62, §§ 62.1-62.4 February 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Uninsured Motorist Coverage, 31 Pa. Code, Chapter 63, §§ 63.1-63.3 September 1999, as proposed. Amend pursuant to Executive Order 1996-1 and pending filing before the Department. Peter J. Salvatore, 717-787-4429
Private Passenger Automobile Policy Forms, 31 Pa. Code, Chapter 64, §§ 64.1-64.14 September 1999, as final. Repeal pursuant to Executive order 1996-1. Peter J. Salvatore, 717-787-4429
Charter Amendments, 31 Pa. Code, Chapter 65, §§ 65.21-26 July 1999, as proposed. Amend to eliminate outdated, unnecessary provisions relating to minimum capital and surplus requirements pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Collision Loss Settlements, 31 Pa. Code, Chapter 65, §§ 65.11-14 April 1999, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Motor Vehicle Financial Responsibility Law - Evidence of Financial Responsibility, 31 Pa. Code, Chapter 67, §§ 67.21-28 April 1999, as final. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Pennsylvania Assigned Risk Consumer Protections, (NEW Chapter 67a) April 1999, as final. Amend pursuant to Executive Order 1996-1. This will replace 31 Pa. Code § 33.29. Peter J. Salvatore, 717-787-4429
Life Insurance Illustrations (New) October 1999, as proposed. Act 154 of 1996 provides for life insurance illustration requirements for life insurance policies. The statute sunsets when a life insurance illustration regulation becomes effective. A life insurance illustration regulation will eliminate misleading illustrations, make illustrations more understandable, and standardize terms and illustration formats for the entire life insurance industry. Further, it is more appropriate that technical requirements, such as these, appear in a regulation rather than in statutory form. Peter J. Salvatore, 717-787-4429
Replace Life Insurance Annuities, 31 Pa. Code, Chapter 81, §§ 81.1-9 April 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Variable Life Insurance, 31 Pa. Code, Chapter 82, §§ 82.1-91 September 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Disclosure in Solicitation of Life Insurance, 31 Pa. Code, Chapter 83, §§ 83.1-57 April 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Mortality Tables Used in Determining Nonforfeiture Standards, 31 Pa. Code, Chapter 84, §§ 84.1-6 April 1999, as final. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Minimum Reserve Standards, 31 Pa. Code, Chapter 84a, §§ 84a.1-84a.8 April 1999, as final. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Actuarial Opinion & Accumulation Contracts, 31 Pa. Code, Chapter 84b, §§ 84b.1-84b.11 November 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Variable Annuity & Accumulation Contracts, 31 Pa. Code, Chapter 85, §§ 85.1-85.40 September 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Premium & Retirement Deposit Fund, 31 Pa. Code, Chapter 86, §§ 86.1-86.12 April 1999, as final. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Requirements for Life Policies and Sales Practices, 31 Pa. Code, Chapter 87, §§ 87.1-87.42 May 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Individual Accident & Sickness Minimum Standards, 31 Pa. Code, Chapter 88, §§ 88.1-88.195 April 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Accident and Health Insurance Regulation, 31 Pa. Code, Chapter 89, §§ 89.1-89.11 and § 89.17 April 1999, as proposed. Changes will be promulgated regarding the deregulation of rates and forms filings for accident and health insurance, as a result of Act 159 of 1996. Changes will be made pursuant to the health care provisions of the Federal Health Insurance Portability and Accountability Act of 1996. Peter J. Salvatore, 717-787-4429
Preparation of Forms, etc., 31 Pa. Code, Chapter 89, §§ 89.12-16, 89.18-89.62 and 89.101 May 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Medicare Supplement, 31 Pa. Code, Chapter 89, §§ 89.777,89.890 and Appendix E February 1999, as proposed. Amend regulation to add Medicare Select provisions. Peter J. Salvatore, 717-787-4429
Separate Accounts for Principle and Interest Guarantees, 31 Pa. Code, Chapter 90a, §§ 90a.1-90a.31 September 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Cash Advances to Insurance Companies 31 Pa. Code, Chapter 105, §§ 105.1-105.2 June 1999, as proposed. Amend to reflect statutory amendments adopted in 1992 and 1995 and to eliminate outdated, unnecessary provisions relating to cash advancements to insurance companies pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Policies Covering Personal Property Pledged as Collateral, 31 Pa. Code, Chapter 112, §§ 112.1-112.12 March 1999, as proposed. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Consent to Rate Filings, 31 Pa. Code, Chapter 113, §§ 113.1-113.9 March 1999, as proposed. Repeal pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Public Adjusters, 31 Pa. Code, Chapter 115, §§ 115.1-115.8 May 1999, as proposed. The regulation was initially promulgated to clarify the requirements of public adjuster contracts. The authorizing statute, Act 72, was amended in 1983 (63 P. S. §§ 1601-1608), and the Insurance Department seeks to modify Chapter 115 to be consistent with the revised statutory language. Additionally, three sections have been proposed for deletion since they mirror the Act. Peter J. Salvatore, 717-787-4429
Discounting Workers' Compensation Loss Reserves, 31 Pa. Code, Chapter 116, §§ 116.1-116.9 May 1999, as proposed. Blend regulations on discounting of loss reserves into one regulation consistent with Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Discounting Medical Malpractice Loss Reserve, 31 Pa. Code, Chapter 118, §§ 118.1-118.6 May 1999, as proposed. Blend regulations on discounting of loss reserves into one regulation consistent with Executive Order 1996-1. Peter J. Salvatore, 717-787-4429
Surplus Lines, 31 Pa. Code, Chapter 123, §§ 123.1-123.63 April 1999, as final. Repeal current regulations, 31 Pa. Code, Chapters 123 (and Chapter 35) and replace with one updated regulation relating to surplus lines insurance consistent with 1992 statutory amendments. Peter J. Salvatore, 717-787-4429
Surplus Lines, 31 Pa. Code, (NEW Chapter 124, §§ 124.1-124.10) April 1999, as final. Repeal two current regulations, 31 Pa. Code, Chapters 35 and 123 and replace with one updated regulation relating to surplus lines insurance consistent with 1992 statutory amendments. Peter J. Salvatore, 717-787-4429
Title Insurance, 31 Pa. Code, Chapter 125, §§ 125.1-125.9 February 1999, as final. Amend pursuant to Executive Order 1996-1. Peter J. Salvatore, 717-787-4429

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