Calendar of Events/Hearing Notices

CALENDAR

May 2019

DELAWARE RIVER BASIN COMMISSION

PUBLIC NOTICE

The Delaware River Basin Commission will hold a public hearing on Wednesday, May 15, 2019 beginning at 1:30 p.m. at the Commission’s office building, 25 Cosey Road, West Trenton, New Jersey 08628. A business meeting will be held the following month on Wednesday, June 12, 2019 beginning at 10:30 a.m. at the West Trenton Volunteer Fire Company, 40 West Upper Ferry Road, Ewing, New Jersey. The hearing and meeting are open to the public. For more information, visit the DRBC web site at www.drbc.gov or contact Pamela M. Bush, Commission Secretary and Assistant General Counsel, at 609‑883-9500 extension 203 and pamela.bush@drbc.gov.

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DEPARTMENT OF EDUCATION

PUBLIC NOTICE

The State Board of Education will hold its monthly meeting on Thursday, May 16, 2019 at Mispillion Elementary School, 311 Lovers Lane, Milford, DE.

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DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Air Quality

PUBLIC NOTICE

1150 Outer Continental Shelf Air Regulations

The Division of Air Quality (DAQ) is proposing to amend 7 DE Admin. Code 1150 to incorporate updates to the federal Outer Continental Shelf (OCS) regulations at 40 CFR 55, which have been made since the regulation was adopted in 2010.

The hearing record on the proposed amendments to 7 DE Admin. Code 1150, Outer Continental Shelf Air Regulations will open May 1, 2019. Individuals may submit written comments regarding the proposed changes via e-mail to Lisa.Vest@delaware.gov 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 to 7 DE Admin. Code 1150, Outer Continental Shelf Air Regulations will be held on May 22, 2019 beginning at 6:00 PM in the DNREC Auditorium, located at the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901. Public comments open May 1 and will be received until close of business Thursday, June 6, 2019.

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Division of Fish and Wildlife

PUBLIC NOTICE

3723 Jonah Crab

3755 Lobsters

The Atlantic States Marine Fisheries Commission (ASMFC) approved an Interstate Fishery Management Plan (FMP) for Jonah Crab under the authority of the Atlantic Coastal Fisheries Cooperative Management Act (ACFCMA 1993). The goal of the FMP is to support and promote the development and implementation, on a continual basis, of a unified coastal management program for Jonah Crab, which is designed to promote conservation, reduce the possibility of recruitment failure, and allow full utilization of the resource by the United States industry. Consistent with the mandatory elements of the FMP and its addenda this action proposes to:

• Establish incidental and directed landing permits based upon certain criteria;

• Establish Jonah Crab incidental bycatch limits;

• Establish a Jonah Crab minimum carapace width of 4 ¾ inches with no tolerance;

• Establish conditions and limits on the retention of Jonah Crab claws;

• Prohibit the retention of egg-bearing female Jonah Crab; and

• Establish a recreational possession limit of 50 Jonah Crabs per person per day.

This action also proposes to adopt provisions requiring the mandatory removal of lobster pots from February 1 through March 31 in accordance with Addendum XVII to Amendment 3 of the ASMFC’s FMP for American Lobster. This action also clarifies that two escape vents are necessary on lobster pots where circular style vents are used and requires that egg-bearing female lobster be V-notched and immediately released.

Finally, consistent with regulation formatting guidelines, this action proposes to reformat the existing regulations pertaining to American Lobster by consolidating 3756 Lobsters - Pot Design; 3757 Lobsters - Pot, Season And Limits For Commercial Lobster Pot License, and 3758 Possession Of V-notched Lobsters Prohibited under existing regulation - 3755 Lobsters. The proposed reformatting is not intended to change meaning.

The hearing record on the proposed changes to 7 DE Admin. Code 3700 Shellfish to add a new 3723 Jonah Crab and amend 3755 Lobsters; 3756 Lobsters - Pot Design; 3757 Lobsters - Pot, Season And Limits For Commercial Lobster Pot License; and 3758 Possession Of V-notched Lobsters Prohibited opens May 1, 2019. Individuals may submit written comments regarding the proposed changes via e-mail to Lisa.Vest@Delaware.gov or via the USPS to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901. A public hearing on the proposed amendment will be held on Thursday, May 23, 2019 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, June 7, 2019.

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DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES

Division of Family Services

Office of Child Care Licensing

PUBLIC NOTICE

201 Child Placing Agencies

The Office of Child Care Licensing (OCCL) proposes to amend the DELACARE: Regulations for Child Placing Agencies in accordance with 31 Del.C. §343. This proposal was changed to include an updated anti-discrimination policy, the licensing enforcement process, applications, and the Federal Family Foster Home Licensing Standards as required by Title IV-E which includes the following:

• A foster parent must be able to communicate with the child and the agency, health care providers, and other service providers;

• At least one applicant must have functional literacy;

• All household members must disclose substance abuse issues;

• All household members must provide information on their physical and mental health history, including any history of drug or alcohol abuse or treatment;

• All children who are household members must be up to date on immunizations consistent with the recommendations of the American Academy of Pediatrics, the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, and the American Academy of Family Physicians, unless the immunization is contrary to the child's health as documented by a licensed health care professional;

• The kitchen is required to have an operable sink and oven;

• A working phone or access to a working phone must be in close walking proximity;

• The home must have adequate lighting;

• Hot tubs and spas must have safety covers that are locked when not in use;

• Swimming pools must have their methods of access through barriers equipped with a safety device, such as a bolt lock;

• Swimming pools must be equipped with a life-saving device, such as a ring buoy;

• If the swimming pool cannot be emptied after each use, the pool must have a working pump and filtering system;

• A foster parent must prevent the child's access to alcoholic beverages;

• Foster Home Capacity: The total number of children in foster care in a family foster home must not exceed six unless a. to allow a parenting youth in foster care to remain with the child of the parenting youth. b. To allow siblings to remain together. c. To allow a child with an established meaningful relationship with the family to remain with the family. d. To allow a family with special training or skills to provide care to a child who has a severe disability;

• A home must have at least one smoke detector on each level of occupancy of the home and at least one near all sleeping areas;

• A home must have at least one carbon monoxide detector on each level of occupancy of the home and at least one near all sleeping areas;

• A home must have a written emergency evacuation plan to be reviewed with the child and posted in a prominent place in the home;

• A home must maintain a comprehensive list of emergency telephone numbers, including poison control, and post those numbers in a prominent place in the home;

• Transportation: Applicants must ensure that the family has reliable, legal, and safe transportation with safety restraints, as appropriate for the child. Reliable transportation would include a properly maintained vehicle or access to reliable public transportation. If one is owned, only adults in the home having a driving record in good standing transport the child;

• Foster parent applicants must receive training on agency structure, purpose, and medication administration;

• Foster parent assurances: Applicants must agree to comply with their roles and responsibilities once a child is placed in their care. Applicants may not use any illegal substances, abuse alcohol by consuming it in excess amounts, or abuse legal prescription and/or nonprescription drugs by consuming them in excess amounts or using them contrary to as indicated. Applicants and their guests will not smoke in the family foster home, in any vehicle used to transport the child, or in the presence of the child in foster care;

• Foster parent applicants must show proof of income to show the applicants can make timely payments for shelter, food, utility costs, clothing, and other household expenses before adding a foster child or foster children to the home;

• Clarification regarding what constitutes an acceptable foster home by stating it must be a house, mobile home, housing unit, or apartment occupied by an individual or family;

• Clarification to ensure the foster home is clean;

• Requirement that the foster home has proper trash and recycling disposal;

• Clarification regarding that annual training must support a foster parent’s role and to ensure the foster parent is up to date on policies, requirements, and services;

• To require age-appropriate sleeping equipment for a child who is 12-36 months in age; and

• To require CPR training pertinent to the ages of children in placement.

Interested parties wishing to offer comments on these proposed regulations or submit written suggestions, data, briefs, or other materials concerning the proposed regulations must submit them to Kelly McDowell, Office of Child Care Licensing, 3411 Silverside Road, Concord Plaza, Hagley Building Wilmington, Delaware 19810, or by email to Kelly.McDowell@delaware.gov.

Comments must be submitted by the close of business on May 31, 2019.

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DEPARTMENT OF STATE

Division of Professional Regulation

1900 Board of Nursing

PUBLIC NOTICE

The Delaware Board of Nursing, pursuant to 24 Del.C. §1904(c), proposes to revise its regulations to update the education regulations pertaining to use of simulation in nursing schools. The proposed changes set forth what percentage of clinical experience may be through simulation and the requirements related to the use of simulation. In addition, the Board proposes to change Regulation 8.14.9.2 regarding the requirements an advanced practice registered nurse must meet to renew prescriptive authority.

The Board will hold a public hearing on the proposed regulation changes on June 12, 2019 at 9:00 a.m., Second Floor Conference Room A, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Dr. Pamela Zickafoose, Executive Director of the Delaware Board of Nursing, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments will be accepted until June 27, 2019 pursuant to 29 Del.C. §10118(a).

Calendar of Events/Hearing Notices

CALENDAR

May 2019

1150 Outer Continental Shelf Air Regulations

3723 Jonah Crab

3755 Lobsters

201 Child Placing Agencies

Government and Services