Calendar of Events/Hearing Notices

CALENDAR

September 2011

Delaware River Basin Commission

PUBLIC NOTICE

The Delaware River Basin Commission will hold a public hearing and business meeting on Wednesday, September 21, 2011 beginning at 1:30 p.m. at the Commission’s office building, 25 State Police Drive, West Trenton, New Jersey. For more information visit the DRBC web site at www.drbc.net or contact Pamela M. Bush, Esq., Commission Secretary and Assistant General Counsel, at 609‑883-9500 extension 203.

department of agriculture

Harness Racing Commission

Delaware Standardbred Breeders’ Fund

502 Delaware Standardbred Breeders’ Fund Regulations

PUBLIC NOTICE

The Delaware Standardbred Breeders’ Fund Board (“the Board”) hereby gives notice of its intention to adopt amended regulations pursuant to the General Assembly’s delegation of authority to adopt such measures found at 29 Del.C. §4815(b)(3)b.2.D and in compliance with Delaware’s Administrative Procedures Act, 29 Del.C. §10115. The proposed amended regulations clarify the definition of “Breeder” and add a definition for “Owner.” The proposed amendment of regulation 4.2 establishes a racing program for four year old horses with bonuses to breeders and owners, which is an effort by the Board to keep Delaware’s harness racing industry competitive with those of neighboring states. The Board proposes to delete language from its regulation 6.0 that currently and improperly calls for the program Administrator to request and certify the social security and tax identification numbers of owners and their agents when registering for the program. The Board proposes to adopt a regulation expanding the recording duty of the Administrator pertaining to the program and bonuses for four year olds. The proposed amended regulations delete two words from the heading of regulation 10. The proposed amendment to regulation 13.1 makes clear its applicability to the two and three year old racing programs only. The proposed amendment to regulation 14 adds the nomination payment requirements for eligibility in the new program for four year olds.

The Board solicits, and will consider, timely filed written comments from interested individuals and groups concerning these proposed amended regulations. The deadline for the filing of such written comments will be thirty days (30) after the proposed amended regulations are promulgated in the Delaware Register of Regulations.

Any such submissions should be mailed or hand-delivered to Ms. Judy Davis-Wilson, Administrator, Delaware Standardbred Breeders’ Fund whose address is State of Delaware, Department of Agriculture, 2320 South duPont Highway, Dover, Delaware 19901 by October 1, 2011.

THOROUGHBRED RACING COMMISSION

PUBLIC NOTICE

1001 Thoroughbred Racing Rules and Regulations

The Delaware Thoroughbred Racing Commission in accordance with 3 Del.C. §10103(c) has proposed changes to its rules and regulations. The proposal amends the rules and regulations to test for steroids in blood.

A public hearing will be held on September 20, 2011 at 10:00 a.m. in the second floor conference room of the Horseman’s Office, located on the grounds of Delaware Park, 777 Delaware Park Boulevard, Wilmington, Delaware 19804 where members of the public can offer comments. Anyone wishing to receive a copy of the proposed regulations may obtain a copy from the Delaware Thoroughbred Racing Commission, 777 Delaware Park Boulevard, Wilmington, Delaware 19804. 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.

DEPARTMENT OF EDUCATION

PUBLIC NOTICE

The State Board of Education will hold its monthly meeting on Thursday, September 15, 2011 at 1:00 p.m. in the Townsend Building, Dover, Delaware.

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Long Term Care Residents Protection

3220 Training and Qualifications for Nursing Assistants and Certified Nursing Assistants

PUBLIC NOTICE

A statutory change to 29 Del.C. §7903 which added a paragraph (10) directs the DHSS Secretary to adopt regulations which require dementia specific training each year for persons who are certified, licensed, or registered by the State, and/or who are partially or fully funded by the State, to provide direct healthcare services to persons diagnosed as having Alzheimer’s disease or other forms of dementia.

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 John Thomas Murray, Deputy Director, Division of Long Term Care Residents Protection, 3 Mill Road, Suite 308, Wilmington, DE 19806 or by fax to (302) 577-7291 by Monday, October 3, 2011.

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.

Division of Medicaid and Medical Assistance

Concurrent Hospice Care for Children Under Age 21 Years

PUBLIC NOTICE

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 and with 42 CFR §447.205, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Title XIX Medicaid State Plan regarding concurrent hospice care for children under age 21 years.

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 September 30, 2011.

Division of Medicaid and Medical Assistance

Freestanding Birth Center Services

PUBLIC NOTICE

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) is proposing to amend the Delaware Title XIX Medicaid State Plan to reflect the addition of freestanding birth center services as a mandatory Medicaid benefit, in compliance with the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148.

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 September 30, 2011.

Division of Medicaid and Medical Assistance

Medicaid Nonpayment and Reporting Requirements For Provider Preventable Conditions

PUBLIC NOTICE

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 and with 42 CFR §447.205, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Title XIX Medicaid State Plan regarding Medicaid nonpayment and reporting requirements for provider preventable conditions.

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 September 30, 2011.

Division of Medicaid and Medical Assistance

Tobacco Cessation Counseling Services

PUBLIC NOTICE

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 and with 42 CFR §447.205, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend the Title XIX Medicaid State Plan regarding comprehensive Medicaid coverage of tobacco cessation services for pregnant women and all Medicaid beneficiaries.

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 September 30, 2011.

Division of Public Health

4451 Body Art Establishments

PUBLIC NOTICE

The Health Systems Protection Section, under the Division of Public Health, Department of Health and Social Services (DHSS), will hold a public hearing to discuss proposed amendments to the Delaware Regulations Governing Body Art Establishments. 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. On September 1, 2011, the Division plans to publish as proposed the amended regulations and hold them out for public comment per Delaware law.

The public hearing will be held on September 22, 2011 at 10:00 a.m. in the Third Floor Conference Room, located in the Jesse Cooper Building, 417 Federal Street, Dover, Delaware.

Copies of the proposed regulations are available for review in the September 1, 2011 edition of the Delaware Register of Regulations, accessible online at: http://regulations.delaware.gov or by calling the Office of Health Systems Protection at (302) 744-4842.

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 Friday, September 30, 2011 at:

Deborah Harvey

Division of Public Health

417 Federal Street

Dover, DE 19901

Email: Deborah.Harvey@state.de.us

Phone: (302) 744-4700

Fax: (302) 739-6659

Division of Substance Abuse and Mental Health

Mental Health Patients’ Grievance Procedure

PUBLIC NOTICE

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 16 of the Delaware Code, Chapter 22, Delaware Health and Social Services (DHSS)/ Division of Substance Abuse and Mental Health (DSAMH) is proposing to establish by regulation a revised Mental Health Patients’ Grievance Process.

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 Susan Robinson, Deputy Director, Delaware Psychiatric Center, Division of Substance Abuse and Mental Health, Springer Building, 1901 North DuPont Highway, New Castle, Delaware 19720-0906 or by fax to (302) 255-4418 by September 31, 2011.

department of LABOR

Division of Industrial Affairs

Industrial Accident Board

1331 Industrial Accident Board Regulations

PUBLIC NOTICE

The Industrial Accident Board proposes to amend the Industrial Accident Board (IAB) Regulations, in accordance with 19 Del.C. §2301A(j). These proposals comprehensively revise all sections of the IAB rules, which have not been updated since 1998.

A public meeting will be held before the Industrial Accident Board at 9:00 a.m. on October 18, 2011, in the Department of Labor Fox Valley Annex, 4425 N. Market Street, Wilmington, Delaware 19802 where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules may obtain a copy from John Kirk, Deputy Director, Division of Industrial Affairs, Department of Labor, 4425 N. Market Street, Wilmington, Delaware, 19802. Persons wishing to submit written comments may forward these to the IAB at the above address. The final date to receive written comments will be at the public meeting.

The Industrial Accident Board will consider adopting the revised IAB Rules at the meeting following the public meeting.

Department of Natural Resources and environmental control

Division of Air and Waste Management

1144 Control of Stationary Generator Emissions

PUBLIC NOTICE

The Division of Air Quality (DAQ) is proposing to amend 7 DE Admin. Code 1144 to update the language based upon recent EPA promulgations for similar engines, and to make minor corrections to the regulatory requirements. When finalizing 7 DE Admin. Code 1144 in 2005, DAQ stated that the EPA’s “Tier 4” standards would not be required for new, emergency generators if Tier 4 standards ultimately required aftermarket controls to meet the limits. Because Tier 4 standards do require aftermarket controls, DAQ plans to amend the regulation to be consistent with EPA’s New Source Performance Standards for internal combustion engines by requiring new, emergency generators to simply meet the Tier 2 or 3 standards, as the regulation already requires.

DAQ is also proposing new recordkeeping and reporting requirements for certain non-emergency generators which are operated in conjunction with a voluntary demand-reduction program or any other interruptible power supply arrangement with a utility, other market participant, or system operator. These new recordkeeping and reporting requirements will allow the DAQ to better understand how many non-emergency generators are participating in such programs, and will help the DAQ to gauge their compliance.

Additionally, the regulation will be amended to lower the diesel sulfur requirement of the regulation from 500ppm to 15ppm to be consistent with EPA requirements. Other planned amendments include removing the sulfur content provisions for natural gas, since the generator owner has no control of the sulfur content in the pipeline natural gas which is received. Also, various definitions and regulatory requirements will be clarified and minor errors in the regulatory text shall be corrected.

Statements and testimony may be presented either orally or in writing at a public hearing to be held on Thursday, September 22, 2011 beginning at 6:00 PM in the DNREC’s Richardson & Robbins Building Auditorium, 89 Kings Hwy, Dover, DE 19901. Interested parties may submit comments in writing to: Mark A. Prettyman, DNREC Division of Air Quality, 655 S. Bay RD, Suite 5N, Dover, DE 19901.

Division of Fish and Wildlife

3531 Tautog; Size Limits, Creel Limits and Seasons

PUBLIC NOTICE

SAN # 2011-09

The purpose of this action is to amend Delaware’s tidal finfish regulation 3531 to reduce tautog (Tautoga onitis) landings by 53% in compliance with Addendum VI to the Atlantic States Marine Fisheries Commission’s (ASMFC) Interstate Fishery Management Plan for Tautog. A 2011 stock assessment update indicated that the tautog stock continues to be overfished and that overfishing is occurring. Tautog biomass has not responded to previous management measures and fishing pressure and fishing mortality rates have increased. Spawning stock biomass has remained at low levels for the past decade and a significant reduction in the target fishing mortality rate is necessary.

Four options to achieve the required 53% reduction in tautog landings were developed and have been approved by the ASMFC Tautog Management Board. These options will serve as the basis for the proposed regulatory change.

The hearing record on the proposed changes to the tautog regulation will be open September 1, 2011. 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 October 5, 2011 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 the Secretary

Regulations Governing Community Firearm Recovery Programs

PUBLIC NOTICE

The Delaware Department of Safety and Homeland Security hereby gives notice of its intent to adopt these proposed regulations pursuant to the General Assembly’s delegation of authority found at 16 Del.C. §10404 in order to implement the pilot program for the Community Firearm Recovery Program.

The Department solicits and will consider timely filed written comments from interested individuals and groups concerning these proposed regulations. The deadline for the filing of such written comments will be thirty days after the proposed regulations are promulgated in the Delaware Register of Regulations, or by October 1, 2011. Any such submissions should be mailed or hand delivered to Terry Pepper whose address is; Department of Safety and Homeland Security, Public Safety Building, Suite 220, 303 Transportation Circle, Dover, DE 19901, on or before the deadline.

department of state

Division of Professional Regulation

2500 Board of Pharmacy

PUBLIC NOTICE

The Delaware Board of Pharmacy, pursuant to 24 Del.C. §2506(a)(1), proposes to revise its rules and regulations. The proposed addition to the rules require pharmacies to post signage advising patrons that they may request the lot number and expiration date of their dispensed medication at the time a prescription is dropped off at the pharmacy.

The Board will hold a public hearing on the proposed rule change on November 16, 2011 at 10:00 a.m., Second Floor Conference Room A, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Catherine Simon, Administrator of the Delaware Board of Pharmacy, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904.

Division of Professional Regulation

2600 Examining Board of Physical Therapists

PUBLIC NOTICE

Pursuant to 24 Del.C. §2604(a)(1), the Examining Board of Physical Therapists and Athletic Trainers has proposed revisions to its rules and regulations.

The public hearing has been rescheduled to October 25, 2011 at 5:15 p.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 Examining Board of Physical Therapists and Athletic Trainers, 861 Silver Lake Boulevard, Dover, Delaware 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 proposes the re-organization of the rules and regulations for greater clarity for both licensees and members of the public. Rules 1.2.3 and 1.2.8 are modified with respect to the requirements for supervision. Rule 12.1.23 is added to state that a licensee is required to report to the Division of Professional Regulation any licensee who is in violation of the Board’s laws or rules. Rule 13.0, pertaining to continuing education, is amended to add requirements for ethics hours and completion of a CPR course. In addition, Rule 13.2.2 specifies that course approval is good for three years, unless the course is modified. Rule 13.4.4 is added to make explicit that the Board has the authority to conduct continuing education audits and sanction licensees not in compliance with continuing education requirements. Finally, the revisions correct typos and grammatical errors.

The Board will consider promulgating the proposed rules and regulations at its regularly scheduled meeting following the public hearing.

Division of Professional Regulation

2700 Board of Professional Land Surveyors

PUBLIC NOTICE

Regulation Suspension for Additional Comment and Public Hearing

Introduction

The Delaware Board of Professional Land Surveyors (“Board”), pursuant to 24 Del.C. §2706(a), proposed revisions to its rules and regulations describing minimum technical standards for licensees.

Following extensive public comment and testimony, the Board adopted revisions to these regulations in October 2010, with the publication of the order adopting the new regulations appearing in the Delaware Register on January 1, 2011, at 14 DE Reg. 675 (01/01/11). A full copy of these new regulations appeared in the Register immediately after the Order adopting them.

Shortly thereafter, a group of professional land surveyors filed suit to overturn these new regulations in part, in an action captioned Elrod, et al. v. Delaware Board of Professional Land Surveyors, C.A. No. N11C-01-073 JAP. The lawsuit challenged the portions of the new regulations regarding Mortgage Inspection Plans, now to be called Mortgage Survey Plans.

In an effort to resolve this litigation, at a regularly scheduled Board meeting on June 16, 2011, the Board agreed to suspend the implementation and enforcement of the new regulations, pending another opportunity for written comment and another public hearing. After the hearing and the receipt of any further written public comment, the Board will decide what next steps will occur regarding these new regulations.

Therefore, the new regulations, as published in the Delaware Register January 1, 2011, are hereby suspended, pending the receipt of any additional written public comments up to and including the day of a public hearing to be held regarding these regulations.

The Board will hold the public hearing on these regulations on October 20,2011 at 09:00 a.m., during its regularly scheduled meeting, at the Second Floor Conference Room A, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Sandra Wagner, Administrator of the Delaware Board of Professional Land Surveyors, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904.

Division of Professional Regulation

3000 Board of Professional Counselors of Mental Health and Chemical Dependency Professionals

PUBLIC NOTICE

The Delaware Board of Professional Counselors of Mental Health and Chemical Dependency Professionals, pursuant to 24 Del.C. §3006(a)(1), proposes to revise their rules and regulations. The proposed revisions to the rules are an attempt to better define the certification requirements of Professional Counselors of Mental Health.

The Board will hold a public hearing on the proposed rule change on September 28, 2011 at 12:00 pm., Second Floor Conference Room A, Cannon Building, 861 Silver Lake Blvd., Dover DE 19904. Written comments should be sent to Jessica Williams, Administrator of the Delaware Board of Mental Health and Chemical Dependency Professionals, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904.

Department of Transportation

Division of Motor Vehicles

PUBLIC NOTICE

2217 Driver License and Identification Card Application Procedures for Delaware Compliant and Delaware Non-Compliant Identification Documents

The Delaware Division of Motor Vehicles gives notice of intent to amend Division of Motor Vehicles Administrative Code 2217 relating to Delaware driver license and identification card application procedures.

Any person who wishes to make written suggestions, briefs or other written materials concerning this amendment must submit the same to Scott M. Vien, Chief of Driver Services, Delaware Division of Motor Vehicles, P.O. Box 698, Dover, Delaware, 19903, or by fax to (302) 739-2602 by September 30, 2011.

Division of Planning and Policy

PUBLIC NOTICE

2309 Standards and Regulations for Subdivision Streets and State Highway Access

Background

The Delaware Department of Transportation, through its Division of Planning, seeks to adopt amendments toits existing regulations regarding subdivision streets and state highway access, with respect to the current provisions concerning the scope of work for Traffic Impact Studies and Traffic Operational Analyses. As detailed in the current Manual, the Department has broad statutory authority to regulate the process of determining whether and under what conditions property developers may gain access to the state highway system.

The Department previously entered into agreements with county governments regarding traffic impact studies and traffic operational analyses. The draft regulations are intended to provide sufficient guidance to the state, local governments, the development community, and those interested in development matters in this regard. The Department wishes to assure that the study areas selected match well with what intersections the Department reasonably expects to be significantly affected by the traffic from the subject property, given its proposed uses.

Additional Public Workshop and Comment Period Extended

The draft regulations were initially published, seeking written comments, in the June 1, 2011, edition of the Delaware Register (14 Del.Reg. 1323). The Department then announced and held a workshop concerning the draft regulations on August 1, 2011 at the DelDOT Administration Building, 800 Bay Road, Dover, Delaware.

The Department announces that there will be an additional workshop on these draft regulations, along with an extension of the written comment period.

The workshop will be held on Wednesday, September 14, 2011 from 6 p.m. to 8 p.m., at the auditorium of the Carvel State Office Building, 820 North French Street in Wilmington, Delaware.

The extended comment period for these regulations ends September 30, 2011.

The intent of the workshop is to inform the public about the changes and to solicit input prior to finalizing the regulations. The workshop will consist of a presentation on the regulatory changes and a question and answer session with a panel of DelDOT staff. Interested citizens are encouraged to contribute written questions in advance of the meeting by sending them via email to Brett Taylor at dotpr@state.de.us. Audience members at the time of the meeting may provide written questions to be asked during the panel discussion. The number of questions addressed will be subject to the time available at the meeting.

Copies of the proposed regulations are available at http://regulations.delaware.gov/register/june2011/proposed/14%20DE%20Reg%201323%2006-01-11.htm#P8_224. You may also review the regulations on www.deldot.gov. If you are unable to make the workshop, you can also provide public comment to the Register of Regulations on their website.

15 DE Reg. 392 (09/01/11)