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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2018

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Public Hearings. To supplement the four previously scheduled public hearings – two on January 23 in Waymart, Pennsylvania, and two on January 25 in Philadelphia – the Commission is adding the following two hearings:
1. February 22, 2018, 3 p.m. to as late as 7 p.m. at the Lisa Scheller-Wayne Woodman Community Services Center, Lehigh Carbon Community College, 4525 Education Park Drive, in Schnecksville, Pennsylvania. Register in advance to attend at http://bit.ly/2qI1tBC or register on-site. Persons who have registered to attend by 5 p.m. January 26, 2018 will be contacted by DRBC prior to the hearing date and provided with an early opportunity to request speaking time. Registrants may also sign up to speak at the hearing and will be heard if time allows. Elected government officials and their staff will have the opportunity to identify themselves when registering.
2. March 6, 2018, 1:30 p.m. to 3:30 p.m. The Commission will host a moderated public hearing by telephone. Members of the public are encouraged to listen by calling 1-866-831-8713 and asking the operator to connect them to the DRBC call. Those wishing to address the Commission at this hearing can register for an opportunity to speak at http://bit.ly/2pdqxQ9.
Addresses for Written Comment. Written comments on the draft regulations will receive the same consideration as oral comments and will be accepted until 5 p.m. on March 30. Written comments and attachments should be submitted through the DRBC’s online comments webpage at http://dockets.drbc.commentinput.com/. Requests for exceptions to use of the online registration and written comment collection systems may be addressed to: Commission Secretary, DRBC, P.O. Box 7360, West Trenton, NJ 08628.
Accommodations for Special Needs. Individuals in need of an accommodation as provided for in the Americans with Disabilities Act who wish to attend the hearings should contact the Commission Secretary directly at 609-883-9500 ext. 203 or through the Telecommunications Relay Services (TRS) at 711, to discuss how we can accommodate your needs.
Additional Information, Contacts. Additional information relating to the hearings may be provided by contacting Peter Eschbach, 609-883-9500, ext. 208 or Clarke Rupert, ext. 260.
The Delaware River Basin Commission will hold a public hearing on Wednesday, February 14, 2018 beginning at 1:30 p.m. A business meeting will be held the following month on Wednesday, March 14, 2018 beginning at 10:30 a.m. The hearing and meeting are open to the public and will be held at the Washington Crossing Historic Park Visitor Center, 1112 River Road, Washington Crossing, Pennsylvania. For more information, visit the DRBC web site at www.drbc.net or contact Pamela M. Bush, Commission Secretary and Assistant General Counsel, at 609‑883-9500 extension 203.
3 DE Admin. Code 402 State Forest Regulations are being proposed for amendment to comply with the decision of the Delaware Supreme Court in Bridgeville R&P Club v. DNREC (Dec. 7, 2017) that invalidated portions of the existing regulations governing firearms. The emergency regulations promulgated on December 26, 2017 will be superseded by these regulations.
These regulations are issued by the Secretary pursuant to the power conveyed by the General Assembly for the Delaware Department of Agriculture to promulgate necessary regulations to protect forest lands, 3 Del.C. §1011, and to "[e]stablish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;" 29 Del.C. §8103(8).
The hearing record on the proposed changes to 3 DE Admin. Code 402 State Forest Regulations will open February 1, 2018 and public comments will be accepted in accordance with 29 Del.C. §10118. 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 March 12, 2018 beginning at time 6:00 pm in the DNREC Auditorium, located at the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901.
3301 Defintions
To expand recreational freshwater trout angling opportunities, this action proposes to amend Delaware's non-tidal finfish regulation (7 DE Admin Code 3301 (1.0)) by defining that portion of Red Clay Creek from the dam just below the boundary between the State of Delaware and the Commonwealth of Pennsylvania to the bridge at Yorklyn Road as a designated trout stream. Trout stream stocking provides an important recreational fishing opportunity in a densely populated area of the State, which has few other freshwater fishing opportunities. Red Clay Creek was formerly included as a designated trout stream, but fish tissue contamination resulting from industrial discharges precluded stocking since 1986. Research trout stockings conducted in Red Clay Creek by the Department in 2011 and 2016 demonstrated that trout once again can be safely stocked and consumed as a result of improving water quality.
The hearing record on the proposed changes to 7 DE Admin. Code 3301 Definitions will open February 1, 2018. 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 February 22, 2018 beginning at 6:00 PM in the DNREC Auditorium, located at the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901. Public comments will be received until close of business Friday, March 9, 2018.
7 DE Admin. Code 3900 Wildlife is being proposed for amendment to comply with the decision of the Delaware Supreme Court in Bridgeville R&P Club v. DNREC (Dec. 7, 2017) that invalidated portions of the existing regulations governing firearms. The emergency regulations promulgated on December 26, 2017 will be superseded by these regulations.
These regulations are issued by the Secretary pursuant to the power conveyed by the General Assembly for DNREC to promulgate necessary regulations to protect wildlife, 7 Del.C. §103, and to "[e]stablish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State". 29 Del.C. §8003(7).
The hearing record on the proposed changes to 7 DE Admin. Code 3900 Wildlife will open February 1, 2018 and public comments will be accepted in accordance with 29 Del.C. §10118. 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 March 12, 2018 beginning at 6:00 pm in the DNREC Auditorium, located at the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901.
7 DE Admin. Code 9201 Regulations Governing State Parks are being proposed for amendment to comply with the decision of the Delaware Supreme Court in Bridgeville R&P Club v. DNREC (Dec. 7, 2017) that invalidated portions of the existing regulations governing firearms. The emergency regulations promulgated on December 26, 2017 will be superseded by these regulations.
These regulations are issued by the Secretary pursuant to the power conveyed by the General Assembly for DNREC to "[m]ake and enforce regulations relating to the protection, care and use of the areas it administers", 7 Del.C. §4701(a)(4), and to "[e]stablish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State". 29 Del.C. §8003(7).
The hearing record on the proposed amendments to 7 DE Admin. Code 9201 Regulations Governing State Parks will open February 1, 2018 and public comments will be accepted in accordance with 29 Del.C. §10118. 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 March 12, 2018 beginning at 6:00 pm in the DNREC Auditorium, located at the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901.
The hearing record on the proposed amendments to 7 DE Admin. Code 1353 Boiler Safety Regulations For Boilers, Pressure Vessels, and Nuclear Installations was open on January 1, 2018 and remains open. Public comments will be accepted through March 15th 2018, pursuant to Section 10118 of 29 Del. Code Chapter 101, Administrative Procedures. 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 amendments will be held on Wednesday February 28, 2018 beginning at 6:00 PM in the DNREC Richardson and Robbins Building Auditorium, 89 Kings Highway Dover, DE 19901. The hearing originally was scheduled for January 25, 2018 but had to be rescheduled due to severe weather which prevented a legal notice from appearing in two newspapers with statewide circulation 20 days prior to the scheduled public hearing.
Pursuant to 24 Del.C. §1406(a)(1), the Delaware Board of Electrical Examiners has proposed revisions to its rules and regulations. The rules pertaining to late renewal for Electrical Inspection Agencies have been modified.
In accordance with 29 Del.C. §10118(a), the final date to receive written comments will be 15 days following the public hearing.
The Delaware Public Service Commission, in compliance with the Memorandum Opinion, issued December 30, 2016, in Delaware Division of the Public Advocate v. Delaware Public Service Commission, C.A. N15A-12-002 AML, and pursuant to 26 Del.C. §362(b), proposes to revise its regulations for the limited purpose of complying with the Memorandum Opinion, issued December 30, 2016, in Delaware Division of the Public Advocate v. Delaware Public Service Commission, C.A. N15A-12-002 AML; that is, specifically to promulgate regulations to amend 26 Del. Admin. C. §3008-3.2.21 and related regulations as needed to specify the procedures for freezing the minimum cumulative solar photovoltaic and eligible energy resource requirements under 26 Del.C. §354(i) and (j).
You can review the proposed revised Rules in the February 2018 issue of the Delaware Register of Regulations. You can also review the Order and the proposed revised Rules in the PSC's electronic filing system DelaFile at http://delafile.delaware.gov/ and for docket # input "Reg. 56." If you wish to obtain written copies of the Order and proposed revised Rules, please contact the PSC at (302) 736-7500. Copies in excess of the first twenty pages are $0.10 per page. Payment is expected prior to copying (if you wish the copies to be mailed) or at the time the copies are retrieved (if you retrieve them in person).
Written comments can be filed electronically in DelaFile at http://delafile.delaware.gov/ by filling out the Public Comment Form located under Public Links. Written comments can also be mailed to Joseph DeLosa, Public Service Commission, Cannon Building, 861 Silver Lake Blvd., Suite 100, Dover, DE 19904 or via email to joseph.delosa@state.de.us, with the subject line "Regulation Docket No. 56." Written comments will be accepted until Wednesday, March 14, 2018, pursuant to 29 Del.C. §10118(a).
Last Updated: December 31 1969 19:00:00.
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