Calendar of Events/Hearing Notices

CALENDAR

February 2020

DELAWARE RIVER BASIN COMMISSION

PUBLIC NOTICE

The Delaware River Basin Commission will hold a public hearing on Wednesday, February 12, 2020 beginning at 1:30 p.m. The hearing is open to the public and will be held at the Delaware River Basin Commission Office, Goddard Conference Room, 25 Cosey Road, West Trenton, New Jersey 08628.

A business meeting will be held the following month on Wednesday, March 11, 2020 beginning at 10:30 a.m.  The business meeting is also open to the public and will be held at the Washington Crossing Historic Park Visitor Center, 1112 River Road, Washington Crossing, Pennsylvania 18977. 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.

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DEPARTMENT OF AGRICULTURE

Delaware Nutrient Management Commission

PUBLIC NOTICE

1201 Nutrient Management Certification Regulations

The Delaware Nutrient Management Commission, pursuant to 3 Del.C. §2220(a), proposes to revise regulation 1201-9.3 to allow the Commission to waive the fee required to obtain a nutrient consultant or commercial nutrient handler certificate for good cause shown.

Written comments should be sent to Chris Brosch, Administrator of the Delaware Nutrient Management Commission, 2320 S. DuPont Highway, Dover DE 19901. Written comments will be accepted until March 2, 2020 pursuant to 29 Del.C. §10118(a).

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DEPARTMENT OF EDUCATION

PUBLIC NOTICE

The State Board of Education will hold its monthly meeting February 20, 2020 at 5:00pm in the Professional Development enter of the Early Years Center in the Red Clay School District (1621 Telegraph Rd. Wilmington, DE).

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DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Social Services

PUBLIC NOTICE

Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T)

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 Social Services (DSS) is proposing to amend Division of Social Services Manual regarding Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T), specifically, to clarify policy and define terms.

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, Planning, Policy and Quality Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906, by email to Nicole.M.Cunningham@delaware.gov, or by fax to 302-255-4413 by 4:30 p.m. on March 2, 2020. Please identify in the subject line: Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T).

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.

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Division of Social Services

PUBLIC NOTICE

Child Care Subsidy Program

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 Social Services (DSS) is proposing to amend the Division of Social Services Manual regarding the Child Care Subsidy Program, specifically, to clarify policy related to subsidized child care provider reimbursement.

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, Planning, Policy and Quality Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906, by email to Nicole.M.Cunningham@delaware.gov, or by fax to 302-255-4413 by 4:30 p.m. on March 2, 2020. Please identify in the subject line: Child Care Subsidy Program.

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.

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DEPARTMENT OF INSURANCE

Office of the Commissioner

PUBLIC NOTICE

606 Proof of Automobile Insurance

Pursuant to the authority conferred by 18 Delaware Code, Sections 314, 2304(26) and 2741 and 21 Delaware Code, Section 2118, the Delaware Department of Insurance (the Department), in coordination with the Delaware Division of Motor Vehicles, is proposing to amend Regulation 606 to update and clarify requirements concerning insurer submission of notices of automobile insurance cancellation and termination.

The Department is also taking the opportunity of this proposal to make grammatical and formatting edits throughout the regulation.

The Department does not plan to hold a public hearing on the proposed amendments to Regulation 606. The proposed amendments appear below and may also be viewed at the Department of Insurance website at http://insurance.delaware.gov/information/proposedregs/.

Any person may file written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed amendments to the regulation. Any written submission in response to this notice and relevant to the proposed amendments must be received by the Department of Insurance no later than 4:30 p.m. EST, the 2nd day, March 2020. Any such requests should be directed to:

Leslie W. Ledogar, Regulatory Specialist

Delaware Department of Insurance

ATTN: Docket 4232-2019

1351 West North St., Ste. 101

Dover, DE 19904

(302) 674-7379

Email: Leslie.Ledogar@delaware.gov

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DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Fish and Wildlife

PUBLIC NOTICE

3502 Striped Bass Spawning Season and Area Restrictions.

Several commercial striped bass gill net fishermen proposed adjustments to the seasonal fixed gill net exclusion area in the Delaware River to facilitate striped bass capture efficiency and to reduce drift gill net conflicts with recreational boaters and anglers. This action proposes to expand the current allowable area where fixed gill nets can be used by opening approximately 1.75 nautical miles (linear) of the Delaware River to fixed gill net fishing during the months of January through May. The current seasonal fixed gill net exclusion area extends from Liston Point (Delaware River) northward. This action would adjust the lower boundary of the exclusion area northward (upstream) to the southern shore of Appoquinimink River mouth at latitude 39˚26’51.00”N and longitude 75˚34’46.00”W.

The proposed action is consistent with the Atlantic States Marine Fisheries Commission’s Interstate Fishery Management Plan for the Striped Bass, its amendments and addenda. The Advisory Council on Tidal Finisheries endorsed development of this action at their September 25, 2019 meeting. Striped bass landings will be unaffected by this amendment, as the commercial striped bass fishery is managed through and limited by an annual commercial quota with mandatory harvester and weigh station tagging and reporting.

The hearing record on the proposed changes to 7 DE Admin. Code 3502 Striped Bass Spawning Season and Area Restrictions opens February 1, 2020 (Hearing Docket No. 2019-R-F-0026). A public hearing on the proposed amendment will be held on Wednesday, February 26, 2020 beginning at 6:00 PM in the DNREC Auditorium, located at the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901. Individuals may submit written comments regarding the proposed changes via e-mail to DNRECHearingComments@delaware.gov, or via USPS to the DNREC Hearing Officer, 89 Kings Highway, Dover, DE 19901. Public comments will be received until close of business Thursday, March 12, 2020.

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Division of Fish and Wildlife

PUBLIC NOTICE

3550 Cobia (Rachycentron canadum)

The Atlantic States Marine Fisheries Commission adopted the Interstate Fishery Management Plan for Atlantic Migratory Group Cobia (FMP) in November 2017. The most recent stock assessment indicated that Cobia biomass has declined over the past two decades, but the stock is not overfished and overfishing is not occurring. The FMP requires that states adopt the precautionary management measures contained in the FMP to prevent overfishing.

Cobia presence in Delaware waters is sporadic, but they are targeted by anglers when known to be present. Delaware had no reported commercial or recreational Cobia landings in the three years preceding adoption of the FMP. Therefore, Delaware qualifies for de minimis status under the FMP criteria and may adopt either of the following two management options:

Delaware’s proposed Cobia management options.

Option 1 reflects the de minimis management measures outlined in the FMP and Option 2 reflects the management measures in place for the nearest non-de minimis jurisdiction (VA). The commercial fishing management measures are identical in both options; however, the recreational management measures differ by the minimum length, maximum vessel limit and season.

Adoption of either option will ensure compliance with the FMP, as required by the Atlantic Coastal Fisheries Cooperative Management Act (16 USC §§5101, et seq.). The proposed action is expected to complement federal management in a consistent manner throughout the management unit and provide for the long-term stability of the stock. Given the sporadic occurrence of Cobia in Delaware waters, it is unlikely that the proposed action will have significant, measurable or predicable costs to the affected Delaware fisheries or their dependent businesses.

The hearing record on the proposed changes to 7 DE Admin. Code 3500 Tidal Finfish to include a new 3550 Cobia opens February 1, 2020 (Hearing Docket No. 2019-R-F-0002). A public hearing on the proposed amendment will be held proceeding the adjournment of the public hearing on proposed amendments to 7 DE Admin. Code 3502 Striped Bass Spawning Season and Area Restrictions (SAN # 2019-10; Hearing Docket No. 2019-R-F-0026) on Wednesday, February 26, 2020 at 6:00 PM in the DNREC Auditorium, located at the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901. Individuals may submit written comments regarding the proposed changes via e-mail to DNRECHearingComments@delaware.gov, or via USPS to the DNREC Hearing Officer, 89 Kings Highway, Dover, DE 19901. Public comments will be received until close of business Thursday, March 12, 2020.

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DEPARTMENT OF SAFETY AND HOMELAND SECURITY

Delaware Council on Police Training

PUBLIC NOTICE

801 Regulations of the Delaware Council on Police Training

The Council on Police Training (COPT), pursuant to 11 Del.C. §8404(a)(14), proposes to revise its regulations. The proposed amendments, which were voted on in a regular meeting by the COPT on January 14, 2020, seek to update information regarding firearms training and qualifications.

The COPT will allow for the submission of written comments, suggestions, or other materials regarding the proposed rules to the Department of Safety and Homeland Security Attn: Christopher Klein, Public Safety Building Suite 220, P.O. BOX 818, Dover, Delaware 19903-0818 or e-mail Christopherm.klein@delaware.gov. Any written submission in response to this notice and the relevant proposed regulations must be received by the Department of Safety and Homeland Security no later than 4:30 p.m. (EST) on March 02, 2020. A copy of this regulation may be viewed online at the Registrar of Regulation's website, http://regulations.delaware.gov/services/current_issue.shtml.

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Delaware Council on Police Training

PUBLIC NOTICE

803 COPT Firearms Instructors Standards and Requirements

The Council on Police Training (COPT), pursuant to 11 Del.C. §8404(a)(14), proposes to create regulations. The proposed regulations, which were voted on in a regular meeting by the COPT on January 14, 2020, seek to establish standards and requirements for Firearms Instructors.

The COPT will allow for the submission of written comments, suggestions, or other materials regarding the proposed rules to the Department of Safety and Homeland Security Attn: Christopher Klein, Public Safety Building Suite 220, P.O. BOX 818, Dover, Delaware 19903-0818 or e-mail Christopherm.klein@delaware.gov. Any written submission in response to this notice and the relevant proposed regulations must be received by the Department of Safety and Homeland Security no later than 4:30 p.m. (EST) on March 02, 2020. A copy of this regulation may be viewed online at the Registrar of Regulation's website, http://regulations.delaware.gov/services/current_issue.shtml.

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DEPARTMENT OF STATE

Office of the State Bank Commissioner

PUBLIC NOTICE

2301 Operating Regulation

The State Bank Commissioner proposes to amend Regulation 2301 (Sale of Checks and Transmission of Money – Operating Regulation). The proposed amendments implement the changes to Title 5, Chapter 23 from House Bill 199, signed by the Governor on 6/27/2019, by providing for license applications to be processed through the Nationwide Multistate Licensing System and Registry. The proposed amendments are not substantially likely to impose additional costs or burdens upon individuals and/or small businesses. Other Regulations issued by the State Bank Commissioner are not affected by this proposal. The State Bank Commissioner is issuing this proposed amended Regulation in accordance with Title 5 of the Delaware Code. This Notice is issued pursuant to the requirements of Title 29 of the Delaware Code, Chapter 11, Subchapter III, Chapter 101, Subchapter II, and Chapter 104, Sections 10404A(b)(1) and 10404B(b)(1).

Copies of the proposed amended Regulation are being published in the February 1, 2020 edition of the Delaware Register of Regulations. Copies are also on file in the Office of the State Bank Commissioner, 1110 Forrest Avenue, Dover, DE 19904 and are available for inspection during regular office hours. Copies are available upon request.

Interested parties may offer comments on the proposed amended Regulation or submit written suggestions, data, briefs or other materials to the Office of the State Bank Commissioner at the above address as to whether the proposed amended Regulation should be adopted, rejected or modified. Pursuant to 29 Del.C. §10118(a), public comments must be received on or before March 3, 2020. Written materials submitted will be available for inspection at the above address.

On or after March 3, 2020, following review of the public comment, the State Bank Commissioner will determine whether to adopt the proposed amended Regulation, or make additional changes because of the public comments received.