Calendar of Events/Hearing Notices
CALENDAR
October 2006
department of agriculture
Nutrient Management
NOTICE OF ADDED PUBLIC HEARING AND EXTENDED PUBLIC COMMENT PERIOD
Comments on the proposed changes will be accepted from September 1, 2006 until October 27, 2006. Any comments should be provided to the Nutrient Management Program office located at 2320 S. Dupont Hwy., Dover, DE 19901, ATTN: William Rohrer. Hearings for the proposed regulations will be conducted at the Delaware Department of Agriculture on September 26, 2006 at 6:00 PM and at the Gumboro Fire Company hall on September 28, 2006 at 6:00 PM. An additional public hearing will be held at the Delaware Department of Agriculture on October 27, 2006 at 1:00 p.m. A meeting to accept the proposed changes was held at the Nutrient Management Full Commission meeting on August 8, 2006 at 7:00 PM. The accepted changes are indicated below.
Nutrient Management Certification Regulation Amendments certification by the Delaware Nutrient Management Program, 2320 S. Dupont Hwy., Dover, DE 19901, is required (3 Del.C. §2201 - 2290) for all who apply fertilizer and/or animal manure greater than 10 acres or who manage animals greater than 8,000 pounds of live animal weight. The proposed changes to the certification regulations establish nutrient handling requirements for certain nutrient handlers. The proposed regulation addresses application timing and placement for commercial inorganic fertilizer and organic fertilizer.
Mandate Amendment The proposed regulation requires nutrient handlers and animal operations to develop and implement nutrient management practices as required by the Nutrient Management Law (3 Del.C. §2201 et. al.) by January 1, 2007.
Amendments: Paragraphs 6.0 – 14.0, reference 1200 Nutrient Management, 1201 Nutrient Management Certification Regulations.; Paragraph 4.0, reference Nutrient Management, 1203 Mandatory Nutrient Management Plan Reporting Implementation Regulations.
DEPARTMENT OF EDUCATION
The Department of Education will hold its monthly meeting on Thursday, October 19, 2006 at 1:00 p.m. in the Townsend Building, Dover, Delaware.
department of health and social services
Division of Social Services
PUBLIC NOTICE
FOOD STAMP PROGRAM
Household Definition
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 Social Services is proposing to amend policies in the Division of Social Services Manual (DSSM) regarding the definition of household.
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, Policy, Program and Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 (new fax number) by October 31, 2006.
Division of Social Services
PUBLIC NOTICE
Temporary Assistance For Needy Families (TANF) Program Work Verification Plan
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 Social Services initiated proceedings to provide information of public interest with respect to the TANF Work Verification Plan.
Copies are available upon request by contacting Stacey McKiernan, Employment and Training Administrator, at 302-255-9622. The TANF Work Verification Plan can also be viewed on the Division's website at:
http://www.dhss.delaware.gov/dhss/dss/index.html.
department of natural resources and environmental control
Division of Fish and Wildlife
NOTICE OF PUBLIC HEARING
The Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup and Black Sea Bass Management Board adopted a compliance requirement at the August 2005 meeting stipulating that all states in the management regime (Massachusetts through North Carolina) for Black Sea Bass include language in their regulations, by January 1, 2007, that require at least two escape vents in the parlor section of all fish pots used to harvest Black Sea Bass. In addition, the Board stipulated that all circular vents used in fish pots must be at least 2.5 inches in diameter to allow escapement of sub-legal size fish. The Mid Atlantic Fishery Management Council and the ASMFC sponsored a workshop on March 22, 2005 to generate discussion and recommendations on whether the current vent sizes used are appropriate for scup and black sea bass pots and traps. Workshop participants recommended that circle vents increase in size to 2.5 inches and that rectangular and square vent sizes remain unchanged. They also recommended that each pot/trap have at least two escape vents in the parlor portion of the trap. In general the workshop group agreed that these changes would increase the escapement of sub-legal fish. The Board and Council adopted the workshop recommendations at the August 2005 meeting and in order to allow industry adequate time to make the proper gear changes the effective date was delayed until January 1, 2007. The Board specified that these gear changes would be compliance requirements that must be implemented through out the management regime (Massachusetts through North Carolina) for black sea bass by January 1, 2007.
Individuals may present their comments or request additional information by contacting the Fisheries Section, (302) 739-9914. A public hearing on these proposed amendments will be held on October 24, 2006 at 7:30 PM in the DNREC Auditorium, 89 Kings Highway. Dover, DE 19901. The record will remain open for comments until 4:30 PM October 27, 2006.
DEPARTMENT OF STATE
500 Board of Podiatry
NOTICE OF RESCHEDULED PUBLIC HEARING
The Delaware Board of Podiatry, in accordance with 29 Del.C. Chapter 101 and 24 Del.C. §506(a)(1), proposed amendments to its regulations 5.0 and 6.0 relating to In-Training licensure and online license renewal.
Pursuant to 29 Del.C. §10115, notice of the public hearing and a copy of the proposed amendments was published in the Delaware Register of Regulations, Volume 10, Issue 2 on August 1, 2006. However, notice was not published in two (2) Delaware newspapers of general circulation, as required by 29 Del.C. §10115, so the public hearing could not be conducted as originally scheduled for September 21, 2006. The public hearing has been rescheduled for November 16, 2006.
A public hearing will be held on the proposed regulations on Thursday, November 16, 2006 at 5 p.m. in the second floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Board will receive and consider input in writing from any person on the proposed regulations. Any written comments should be submitted to the Board in care of Sherry Clark at the above address. The final date to submit written comments shall be at the above scheduled public hearing. Anyone wishing to obtain a copy of the proposed regulations or to make comments at the public hearing should contact Sherry Clark at the above address or by calling (302) 744-4530.
The Board will consider promulgating the proposed regulations immediately following the public hearing.
Division of Professional Regulation
1400 Board of Electrical Examiners
NOTICE OF PUBLIC HEARING
The Delaware Board of Electrical Examiners, in accordance with 29 Del.C. Chapter 101 and 24 Del.C. §1406(a)(1), proposes changes to its Regulations 6.0, 7.0, and 8.0 relating to electricians’ liability insurance. Specifically, the changes to 6.0 License and Insurance, 7.0 Expiration and Renewal, and 8.0 Continuing Education would allow licensees to attest to maintenance of their required liability insurance during the renewal process. The Board also proposes to change 15.0 Inspection Agencies to end the Division of professional Regulation’s practice of mailing quarterly lists of licensed electricians to all licensed inspection agencies.
A public hearing will be held on the proposed regulations on Thursday, November 1, 2006 at 8:30 a.m. in the second floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Board will receive and consider input in writing from any person concerning the proposed regulations. Written comments should be submitted to the Board care of Judy Letterman at the above address. The final date to submit written comments shall be at the public hearing. Anyone wishing to obtain a copy of the proposed regulations or to make comments at the public hearing should contact Judy Letterman at the above address or by calling (302) 744-4504.
The Board will consider promulgating the proposed regulations immediately following the public hearing.
Division of Professional Regulation
4400 Delaware Manufactured Home Installation Board
PUBLIC NOTICE
The Delaware Manufactured Home Installation Board, in accordance with 24 Del.C. §4416(b)(1) has proposed the rules and regulations to implement the Manufactured Home Installation Act, 24 Del.C. §4400. The rules were initially published for comment in the Delaware Register of Regulations on August 1, 2006. At the public hearing on September 11, 2006, and at its subsequent public meeting, the Board made substantive changes to the proposed regulations. The Board revised Regulation 1.0 License Required by adding one paragraph and revising the last two paragraphs. The Board also revised Regulation 3.0 License and Certificate Requirements by deleting the word “performance” from Regulation 3.1.4. A public hearing on the revised proposed rules and regulations will be held on Monday, November 13, 2006, at 9:00 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. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Manufactured Home Installation Board, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.
The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.
Office of the State Bank Commissioner
NOTICE OF PUBLIC HEARING
The State Bank Commissioner proposes to adopt amended Regulations 1101, 1109 and 1113 and new Regulation 1114.
Copies of the proposed amended and new regulations are published in the Delaware Register of Regulations. Copies are also on file in the Office of the State Bank Commissioner, 555 E. Loockerman Street, Suite 210, Dover, DE 19901 and are available for inspection during regular office hours. Copies are available upon request.
Interested parties are invited to comment or submit written suggestions, data, briefs or other materials to the Office of the State Bank Commissioner as to whether these proposed amended and new regulations should be adopted, rejected or modified. Written materials submitted will be available for public inspection at the above address. Comments must be received at or before the public hearing scheduled for November 2, 2006.
A public hearing on the proposed amended and new regulations will be held in the Office of the State Bank Commissioner; 555 E. Loockerman Street; Suite 210; Dover, DE 19901 on November 2, 2006 commencing at 10:00 a.m.
Public Service Commission
PUBLIC NOTICE
In PSC Order No. 5207 (Aug. 31, 1999), the Delaware Public Service Commission (the “Commission”) adopted “Rules for Certification and Regulation of Electric Suppliers” (the “Rules”).
As a result of an inquiry regarding the Rules from an electric supplier, by Order No. 6098 (Jan. 7, 2003), the Commission ordered the Commission Staff to undertake a review of the Rules and report back to the Commission regarding proposed amendments to the Rules. In order to assist Staff in preparing such a report, the Commission provided that electric suppliers, electric distribution companies, and other interested persons could submit proposed changes to the Rules for Staff’s review prior to the submission of Staff’s report to the Commission.
In compliance with Order No. 6098, Staff conducted several workshops to discuss proposed changes to the Rules. As a result of those workshops, and after consideration of all comments from the various interested parties, Staff produced a draft of the proposed amended Rules (the “Proposed Amended Rules”) for the Commission’s review and consideration, which were published (9 DE. Reg. 1529 (April 1, 2006)).
Written comments were received regarding the Proposed Amended Rules and a public hearing on the proposed amendments was held in May 2006. A Hearing Examiner’s Report was issued on July 13, 2006 and in August 2006 the matter came before the Commission for consideration of the Hearing Examiner’s Report and the Exceptions taken to it. As a result of the Commission’s deliberations, certain revisions to the Proposed Amended Rules were made.
These revised Proposed Amended Rules will supersede the Rules proposed in April 2006. As with the earlier proposal, the revised Proposed Amended Rules set forth certain regulations and standards for electric suppliers allowed to compete with Delmarva Power & Light Company (“DP&L”) for the supply of electric service in the State of Delaware. The revised Proposed Amended Rules also prescribe the available penalties for violations of the proposed regulations.
You may review the text of the revised Proposed Amended Rules in the October 2006 issue of the Delaware Register of Regulations.
You may obtain written copies of the revised Proposed Amended Rules at the Commission’s office at the address set forth below. The cost is $0.25 per page. You may also review an electronic copy of the revised Standards at the Commission’s website at www.state.de.us/delpsc (open PSC Order No. 7023). The Commission has the authority to adopt such regulations under 26 Del.C. §§209, 1002, 1008, 1019.
Pursuant to 29 Del.C. §§1133, 10115, and 10118(c), the Commission now solicits comments, written suggestions, compilations of data, briefs, or other written materials concerning the revised final Standards. If you wish to submit such materials, you should file an original and ten copies at the following address:
Delaware Public Service Commission
861 Silver Lake Boulevard
Cannon Building
Suite 100
Dover, Delaware 19904
Attn: PSC Reg. Dckt. No. 49
You must file such materials on or before October 31, 2006.
In addition, pursuant to 26 Del.C. §209(a) and 29 Del.C. §10017, the Commission will conduct a public hearing on the revised Proposed Amended Rules during its regularly scheduled meeting on Tuesday, November 21, 2006. That meeting will begin at 1:00 PM in the Commission’s Hearing Room at the above address. You can submit oral presentations or written materials at such hearing.
If you have questions, or desire further information about the matter, you can contact the Commission at 1-800-282-8574 or (302) 739-4333 (including text telephone). You can also send questions by Internet e-mail to david.bloom@state.de.us. If you are disabled and need assistance, please contact the Commission to arrange assistance.
