Calendar of Events/Hearing Notices
CALENDAR
August 2013
DELAWARE RIVER BASIN COMMISSION
PUBLIC NOTICE
Summary: The Delaware River Basin Commission (“DRBC” or “Commission”) will hold a public hearing to receive comments on proposed amendments to the Commission’s Water Quality Regulations, Water Code and Comprehensive Plan to revise the water quality criteria for polychlorinated biphenyls (“PCBs”) in the Delaware Estuary and Bay, DRBC Water Quality Management Zones 2 through 6, for the protection of human health from carcinogenic effects. The Commission will simultaneously solicit comment on a draft implementation strategy to support achievement of the criteria.
Dates: The public hearing will be held starting at 1:00 P.M. on Tuesday, September 10, 2013. The hearing will continue until all those wishing to testify have had an opportunity to do so. Written comments will be accepted and must be received by 5:00 P.M. on Friday, September 20, 2013. Additional information regarding the procedures for the hearing and comments is provided below.
Addresses: The public hearing will be held in the Goddard Conference Room at the Commission’s office building located at 25 State Police Drive, West Trenton, NJ. As Internet mapping tools are inaccurate for this location, please use the driving directions posted on the Commission’s website.
Oral Testimony and Written Comments: Persons wishing to testify at the hearing are asked to register in advance by phoning Paula Schmitt at 609-883-9500, ext. 224. Written comments may be submitted as follows:
Comments also may be delivered by hand at any time during the Commission’s regular office hours (Mon. through Fri., 8:30 a.m. through 5:00 p.m. except on national holidays) until the close of the comment period at 5:00 p.m. on Friday, September 20. In all cases, please include the commenter’s name, address and affiliation, if any, in the comment document and “PCB Rulemaking” in the subject line.
For Further Information: The basis and background document and the draft Implementation Strategy are available on the DRBC website, DRBC.net. A May 10, 2012 PowerPoint presentation that illustrates PCB loading reductions achieved through the implementation of the Commission’s PMP Rule is also posted on the website. For further information, please contact Commission Secretary Pamela M. Bush, 609-883-9500 ext. 203.
DEPARTMENT OF AGRICULTURE
Delaware Forest Service
PUBLIC NOTICE
401 Forest Service Erosion and Sedimentation Regulations
On June 14, 2012, Governor Jack Markell signed Executive Order No. 36, which requires each executive branch agencies to examine their existing regulations, with a view toward streamlining or eliminating unnecessary or unduly burdensome regulations. Executive Order No. 36 requires each executive branch agency to solicit input from the public, as well as conduct its own examination of agency regulations.
The proposed regulatory changes set forth below are the result of the above process.
The Department of Agriculture will take written comments on the proposed Regulations from August 1, 2013, to August 31, 2013. Any requests for copies of the proposed Regulations, or any questions or comments regarding this document should be directed to:
Dan Shortridge, Chief of Community Relations
2320 South DuPont Highway, Dover, DE 19901
(302) 698-4500
daniel.shortridge@state.de.us
Pesticides Section
PUBLIC NOTICE
601 Delaware Pesticide Rules and Regulations
On June 14, 2012, Governor Jack Markell signed Executive Order No. 36, which requires each executive branch agencies to examine their existing regulations, with a view toward streamlining or eliminating unnecessary or unduly burdensome regulations. Executive Order No. 36 requires each executive branch agency to solicit input from the public, as well as conduct its own examination of agency regulations.
The proposed regulatory changes set forth below are the result of the above process.
The Department of Agriculture will take written comments on the proposed Regulations from August 1, 2013, to August 31, 2013. Any requests for copies of the proposed Regulations, or any questions or comments regarding this document should be directed to:
Dan Shortridge, Chief of Community Relations
2320 South DuPont Highway, Dover, DE 19901
(302) 698-4500
daniel.shortridge@state.de.us
DEPARTMENT OF EDUCATION
PUBLIC NOTICE
The State Board of Education will hold its monthly meeting on Thursday, August 15, 2013 at 1:00 p.m. in the Townsend Building, Dover, Delaware.
DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Division of Medicaid and Medical Assistance
Division of Developmental Disabilities Services
PUBLIC NOTICE
1915(c) Home and Community-Based Services Waiver
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) / Division of Developmental Disabilities Services (DDDS) gives notice to the public that a 1915(c) Home and Community-Based Services Waiver (HCBS) waiver amendment has been submitted to the Centers for Medicare and Medicaid Services (CMS) to add a new core service, Group Supported Employment.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Planning & Policy Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 by August 31, 2013.
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
PUBLIC NOTICE
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), 42 CFR §447.205, and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Division of Social Services Manual (DSSM) regarding implementation of the Modified Adjusted Gross Income (MAGI) methodology provisions related to eligibility determinations for certain medical assistance programs (Medicaid and Children’s Health Insurance Program) under the Affordable Care Act.
Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Planning & Policy Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to 302-255-4425 by August 31, 2013.
The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.
PUBLIC NOTICE
4303 Delaware Early Defibrillation Program
Office of Emergency Medical Services & Preparedness Section, Division of Public Health, Department of Health and Social Services (Department), has proposed amendments to the State of Delaware Regulations Governing Automatic External Defibrillation. Due to the extensive number of amendments the Department has concluded that the current regulations should be repealed and replaced in their entirety with the proposed regulations being published.
These regulations have been amended to:
On August 1, 2013, the Department plans to publish proposed amendments to the Delaware Regulations Governing Automatic External Defibrillation and hold them out for public comment per Delaware law. Copies of the proposed regulations are available for review in the August 1, 2013 edition of the Delaware Register of Regulations, accessible online at: http://regulations.delaware.gov or by calling the Office of Emergency Medical Services at (302) 223-1720.
Any person who wishes to make written suggestions, testimony, briefs or other written materials concerning the proposed regulations must submit same to Deborah Harvey by 4:30 p.m. on Tuesday, September 3, 2013 at:
Deborah Harvey
Division of Public Health
417 Federal Street
Dover, DE 19901
Email: Deborah.Harvey@state.de.us
Phone: (302) 744-4700
DEPARTMENT OF INSURANCE
Office of the Commissioner
PUBLIC NOTICE
802 Delaware Workplace Safety Regulation
INSURANCE COMMISSIONER KAREN WELDIN STEWART hereby gives notice of proposed amended Department of Insurance Regulation 802 relating to Delaware Workplace Safety [Formerly Regulation 65]. The docket number for this proposed amended Regulation is 2226.
The proposed amended Regulation supports the Delaware Workplace Safety Program (18 Del.C. §2533) and follows new requirements passed under House Bill 175, for the 147th General Assembly, enacted on June 27, 2013. The Delaware Code authority for the change is 18 Del.C. §311 and §2533; and 29 Del.C. Ch. 101.
The Department of Insurance does not plan to hold a public hearing on the proposed amended Regulation. The proposed amended Regulation appears below and can also be viewed at the Delaware Insurance Commissioner’s website at:
www.delawareinsurance.gov/departments/documents/ProposedRegs/ProposedRegs.shtml
Any person can file written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed amendment. Any written submission in response to this notice and relevant to the proposed regulation must be received by the Department of Insurance no later than 4:30 p.m. EST, Friday, August 30, 2013. Any such requests should be directed to:
Regulatory Specialist Rhonda West, Delaware Department of Insurance
841 Silver Lake Boulevard
Dover, DE 19904
Phone: (302) 674-7379, Fax: (302) 739-5566, Email: rhonda.west@state.de.us
Office of the Commissioner
PUBLIC NOTICE
804 Workers Compensation Ratepayer Advocate
INSURANCE COMMISSIONER KAREN WELDIN STEWART hereby gives notice of proposed Department of Insurance Regulation 804 relating to Workers Compensation Ratepayer Advocate. The docket number for this proposed regulation is 2226.
The purpose of this regulation is to implement the provisions of 18 Del.C. §§2610 (e), (f), and (g) (enacted June 27, 2013, by HB 175) regarding the Ratepayer Advocate who shall represent the interests of Delaware workers compensation insurance rate-payers in connection with the filing of an application by an advisory organization with the Commissioner relating to rates or prospective loss costs. The Delaware Code authority is 18 Del.C. §311 and §2610 and 29 Del.C. Ch. 101.
The Department of Insurance does not plan to hold a public hearing on the proposed regulation. The proposed regulation appears below and can also be viewed at the Delaware Insurance Commissioner’s website at:
www.delawareinsurance.gov/departments/documents/ProposedRegs/ProposedRegs.shtml
Any person can file written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed regulation. Any written submission in response to this notice and relevant to the proposed regulation must be received by the Department of Insurance no later than 4:30 p.m. EST, Friday, August 30, 2013. Any such requests should be directed to:
Regulatory Specialist Rhonda West, Delaware Department of Insurance
841 Silver Lake Boulevard
Dover, DE 19904
Phone: (302) 674-7379, Fax: (302) 739-5566, Email: rhonda.west@state.de.us
Department of Natural Resources and Environmental Control
Division of Fish and Wildlife
PUBLIC NOTICE
3507 Black Sea Bass Size Limit; Trip Limits, Seasons; Quotas
The purpose of this action is to formally adopt the provisions of the federal Final Rule for the recreational black sea bass fishery and remain compliant with Addendum XXIII to the Atlantic States Marine Fisheries Commission’s (ASMFC) Interstate Fishery Management Plan for Summer Flounder, Scup and Black Sea Bass by amending Tidal Finfish Regulation 3507 Black Sea Bass Size Limit; Trip Limits; Seasons; Quotas (12.0, 12.1 & 12.2).
Addendum XXIII requires the southern region states (Delaware to North Carolina) to implement recreational fishery management measures for black sea bass consistent with those measures required for federal waters. The National Oceanic and Atmospheric Administration (NOAA) published a Final Rule in the Federal Register on June 21, 2013 (Federal Register/Vol. 78, No. 120) specifying recreational management measures for black sea bass in federal waters. The Final Rule set the recreational black sea bass fishing season as May 19 through October 14 and November 1 through December 31, with a recreational possession limit of 20 black sea bass during those periods. The minimum size limit will remain 12.5 inches (excluding the caudal filament).
The proposed action will close Delaware’s January 1 through February 28 recreational black sea bass season and adjust the black sea bass possession limits from 25 to 20 fish for the open seasons of May 19 through October 14 and November 1 through December 31. The minimum size limit will remain 12.5 inches.
The hearing record on the proposed changes to the black sea bass regulation will be open August 1, 2013. Individuals may submit written comments regarding the proposed changes via e-mail to Lisa.Vest@state.de.us or via USPS to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901 (302)739-9042. A public hearing on the proposed amendment will be held on August 21, 2013 beginning at 6:00 PM in the DNREC Auditorium, located at the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901.
Division of Fish and Wildlife
PUBLIC NOTICE
3900 Wildlife
This action is needed to:
a. Create a definition for the terms “Cable Restraint”, “Foothold Trap”, “Jaw Spread”, and “Waterline”.
b. Require written permission before trapping on private or public property.
c. Make it unlawful to set traps near exposed meat to prevent capture of raptors.
d. Make it unlawful to tend or disturb another person’s traps without their permission.
e. Prohibit the use of toothed or serrated jawed foothold traps.
f. Define the types and sizes of foothold traps permitted to be set both above and below the waterline.
g. Allow the use of foot encapsulating traps.
h. Require identification tags on all trap types.
i. Set a maximum height in which cable restraints may be set above the ground.
j. Establish a fox trapping season.
k. Authorize a new method in which hunters can validate a harvested deer.
l. Make it unlawful to possess a live coyote or nutria without a permit and establish hunting and trapping seasons for coyotes and a trapping season for nutria.
m. Require reporting of harvested coyotes and nutria.
n. Make it unlawful to release swine into the wild and require individuals to notify the State if swine escape and can’t be recaptured and make it illegal to kill feral swine unless authorized by the Division.
o. Makes it illegal to recreationally hunt feral swine or charge a fee to hunt feral swine.
The hearing record on the proposed changes to the 3900 Amended Wildlife Regulation will be open August 1, 2013. Individuals may submit written comments regarding the proposed changes via e-mail to Lisa.Vest@state.de.us or via the USPS to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901 (302) 739-9042. A public hearing on the proposed amendment will be held on September 4, 2013 beginning at 6 pm in the DNREC Auditorium, located at the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901.
department of safety and homeland security
Office of Highway Safety
PUBLIC NOTICE
1205 Electronic Red Light Safety Program (ERLSP)
The Secretary of the Department of Safety and Homeland Security (hereinafter referred to as "Secretary") intends to promulgate regulations that will regulate the administration of the Electronic Red Light Safety Program (hereinafter referred to as "Program") in unincorporated areas of the State of Delaware. The Program through the use of traffic light signal monitoring systems will impose monetary liability on owners or operators of motor vehicles for failure to comply with traffic light signals.
Notice for public comment and a public hearing were properly noticed and a public hearing was held on November 22, 2004 in the second floor conference room of the Department of Safety and Homeland Security Building, Dover, DE. No comments were received either in writing or at the public hearing.
On June 14, 2012, Governor Jack Markell signed Executive Order No. 36, which requires each executive branch agency to examine their existing regulations, with a view toward streamlining or eliminating unnecessary or unduly burdensome regulations. Executive Order No. 36 requires each executive branch agency to solicit input from the public, as well as conduct its own examination of agency regulations. As a result of Executive Order No. 36, The Department of Safety and Homeland Security in cooperation with the Department of Transportation has updated administration Regulation 1205 to incorporate programmatic changes to the Electronic Red Light Safety Program. The proposed regulatory changes set forth below are the result of the above process.
The Department of Safety and Homeland Security will take written comments on the proposed Regulations until August 31, 2013. Any requests for copies of the proposed Regulations, or any questions or comments regarding this document should be directed to:
Jana Simpler, Director of the Office of Highway Safety
P.O. Box 1321, Dover, DE 19901
(302) 744-2740
Jana.Simpler@state.de.us
DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES
Division of Family Services
Office of Child Care Licensing
PUBLIC NOTICE
105 Residential Child Care Facilities and Day Treatment Programs
The Office of Child Care Licensing is again submitting the Delacare Requirements for Residential Child Care Facilities and Day Treatment Programs for public comment as a result of a change in the definition of "Child" and to incorporate public comments received from two organizations.
A copy of the proposed regulations is being published in the August 1, 2013 edition of the Delaware Register of Regulations. Interested parties wishing to offer comments on the proposed regulations or submit written suggestions, data, briefs or other materials concerning the proposed regulations must submit same to Elizabeth Timm, Office of Child Care Licensing, 1825 Faulkland Road, Wilmington, Delaware 19805 or by fax to 302-633-5112 by the close of business on August 31, 2013.
The action concerning the determination of whether to adopt the proposed regulations will be based upon staff analysis and the consideration of the comments and written materials filed by other interested persons.
DEPARTMENT OF STATE
Division of Professional Regulation
Controlled Substance Advisory Committee
PUBLIC NOTICE
Uniform Controlled Substances Act Regulations
Pursuant to 16 Del.C. §4731, the Delaware Controlled Substance Advisory Committee has proposed revisions to its rules and regulations. Rule 2.0 is revised to add the requirement that all practitioners registered under Chapter 47 of Title 16 of the Delaware Code must complete continuing education in order to qualify for continued registration. The amendment will enhance practitioner competence for greater protection of the public.
A public hearing will be held on August 28, 2013 at 9:30 a.m., Buena Vista Conference Center, 661 South DuPont Highway, New Castle, DE 19720. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Controlled Substance Advisory Committee, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to the Committee at the above address. In accordance with 29 Del.C. §10118(a), the final date to receive written comments will be September 12, 2013, which is 15 days following the public hearing.
Division of Professional Regulation
PUBLIC NOTICE
300 Board of Architects
The Delaware Board of Architects, pursuant to 24 Del.C. §306(a)(1), proposes to revise sections 1.0 and 6.2.1 and add new text in 1.0, 4.1.2, 6.22, 6.3, and 6.9. The proposed changes seek to add a section for architect emeritus status, reinstitute a regulation for Intern Development Program Guidelines in order to comply with the National Council of Architectural Registration Boards and amend the current continuing education requirements to allow for proration of credits and become more in line with other states architecture licensing boards.
The Board will hold a public hearing on the proposed regulation change on September 4, 2013 at 1:30 p.m., Second Floor Conference Room B, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Meaghan Jerman, Administrative Specialist of the Delaware Board of Architects, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments will be accepted until September 19, 2013 pursuant to 29 Del.C. §10118(a).
Division of Professional Regulation
PUBLIC NOTICE
2500 Board of Pharmacy
Pursuant to 24 Del.C. §2506(a)(1), the Delaware Board of Pharmacy has proposed revisions to its rules and regulations.
A public hearing was held on May 15, 2013, with deliberations conducted on June 19, 2013. As the result of deliberations, the Board decided to make substantive revisions to the proposed amendments originally published in the Delaware Register of Regulations on April 1, 2013, Volume 16, Issue 10. Specifically, the Board proposes to strike the language “only to patients that are self-medicating” in Rule 6.4. The balance of the proposed revisions remain as published on April 1, 2013.
A public hearing will be held on August 21, 2013 at 10:00 a.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments on the amendments to the rules and regulations. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Pharmacy, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to the Board at the above address.
In accordance with 29 Del.C. §10118(a), the final date to receive written comments will be September 5, 2013 which is 15 days following the public hearing. The Board will deliberate on all of the public comment at its regularly scheduled meeting on September 18, 2013 at 10:00 a.m., at which time it will determine whether to adopt the rules and regulations as proposed or make additional changes due to the public comment.
Division of Professional Regulation
PUBLIC NOTICE
5200 Board of Examiners of Nursing Home Administrators
The Delaware Board of Examiners of Nursing Home Administrators, pursuant to 24 Del.C. §5206(1), proposes to revise its regulations. The proposed revisions to the regulations are an attempt to better organize and clearly establish the standards governing licensed nursing home administrators in the State of Delaware.
The Board will hold a public hearing on the proposed rule change on September 10, 2013 at 1:00 p.m., in the Second Floor Conference Room B, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Latoya Stephens, Administrator of the Delaware Board of Nursing Home Administrators, Cannon Building, 861 Silver Lake Blvd, Suite 203, Dover, DE 19904.
Department of Transportation
Division of Motor Vehicles
PUBLIC NOTICE
Pursuant to Executive Order 36, the Division of Motor Vehicles of the Department of Transportation reviewed its existing regulatory scheme, detailed in Title 2, Delaware Administrative Code. That review identified several existing regulations that have been recognized as obsolete, or whose provisions have been replaced by other statutes or rules.
This Notice describes the regulations that are to be canceled as a result of this review, and explains the basis for their cancellation. They are as follows:
Regulation 2202 - Issuance of Duplicate Driver’s Licenses: Stipulates an unnecessary policy that the division no longer performs.
Regulation 2214 – Waiver of Written Examinations for Certain New Residents: This regulation is no longer needed because it is already covered under 21 Del.C. §2713.
Regulation 2251 – Assessment of a Fee When Assigning a Special Serial Number on a Motor Vehicle: This regulation is no longer needed because it is superseded by 21 Del.C. §2310.
Regulation 2264 – Use of Dealer License Plates on Boat Trailers: This regulation is no longer needed.
Regulation 2272 – Authorization of Police Agencies to Issue Vehicle Inspection Notices: This regulation is no longer needed because it is now covered under 21 Del.C. §2144(a).
Regulation 2274 – Distribution of Literature Advertising Businesses: This regulation is no longer needed because existing ethics laws cover this action.
Regulation 2275 – Requirements for Licensing of Vehicle Dealers: This regulation is no longer needed because it is now covered under Title 21, chapter 63.
Recommended:
Jennifer K. Cohan, Director, Division of Motor Vehicles
So Ordered this ____ day of July, 2013.
Shailen P. Bhatt, Secretary
Delaware Department of Transportation
Division of Planning and Policy
PUBLIC NOTICE
2309 Standards and Regulations for Subdivision Streets and State Highway Access
Background
The Delaware Department of Transportation’s Planning Division developed proposed revisions to its regulations for access to State-maintained roads and for planning, design, construction, and acceptance for maintenance of subdivision streets.
This proposed revision to the Standards and Regulations for Subdivision Streets and State Highway Access relates to two matters: guidance for Shared Use Paths/Sidewalks, and a new review process for low traffic-generating existing commercial projects expected to produce average daily traffic of 199 vehicles or less.
Proposed deletions are shown as stricken through text and proposed new language is shown as underlined text below.
Written comments will be accepted regarding these proposals until August 31, 2013. Any requests for copies of the Regulations, or any questions or comments regarding amendments to these Regulations should be directed to:
Marc Coté
Assistant Director - Development Coordination
P.O. Box 778
Dover, DE 19903
Phone (302) 760-2266
Fax (302) 739-2251
Mark.Cote@state.de.us
Division of Transportation Solutions
PUBLIC NOTICE
2405 Oversize/Overweight Hauling Permit Policy and Procedures Manual
Under 21 Del.C. §4504, the Delaware Department of Transportation (DelDOT), adopted an Oversize/Overweight Hauling Permit Policy and Procedures Manual. DelDOT has now drafted revisions to the manual, and is seeking public comments on the proposed changes.
The proposed revised manual is a complete re-write of the existing DelDOT manual, making it more compatible with AASHTO (American Association of State Highway and Transportation Officials) Policy. Fees and dimensional characteristics remain unchanged in the new manual.
DelDOT will take written comments on the draft changes to the Oversize/Overweight Hauling Permit Policy and Procedures Manual through August 31, 2013.
Question or comments regarding these proposed changes should be directed to:
Dennis Blades, Licensing Specialist
State of Delaware Department of Transportation
Hauling Permit Section
PO Drawer E
Dover, DE 19903
(302) 739 -7808 (FAX)
haulpermit@state.de.us
