Maryland Register Issue Date:  April 21, 2023 Volume 50 •  Issue 8  • Pages 329 — 364 IN THIS ISSUE Judiciary Regulations Errata Special Documents General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before April 3, 2023 5 p.m. Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of April 3, 2023. Gail S. Klakring Acting Administrator, Division of State Documents Office of the Secretary of State

Information About the Maryland Register and COMAR

MARYLAND REGISTER

The Maryland Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly.

The Maryland Register is the temporary supplement to the Code of Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

The following information is also published regularly in the Register:

• Governor’s Executive Orders

• Attorney General’s Opinions in full text

• Open Meetings Compliance Board Opinions in full text

• State Ethics Commission Opinions in full text

• Court Rules

• District Court Administrative Memoranda

• Courts of Appeal Hearing Calendars

• Agency Hearing and Meeting Notices

• Synopses of Bills Introduced and Enacted by the General Assembly

• Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

The Maryland Register is cited by volume, issue, page number, and date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register issued on April 17, 1992.

CODE OF MARYLAND REGULATIONS (COMAR)

COMAR is the official compilation of all regulations issued by agencies of the State of Maryland. The Maryland Register is COMAR’s temporary supplement, printing all changes to regulations as soon as they occur. At least once annually, the changes to regulations printed in the Maryland Register are incorporated into COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

COMAR regulations are cited by title number, subtitle number, chapter number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

Incorporation by reference is a legal device by which a document is made part of COMAR simply by referring to it. While the text of an incorporated document does not appear in COMAR, the provisions of the incorporated document are as fully enforceable as any other COMAR regulation. Each regulation that proposes to incorporate a document is identified in the Maryland Register by an Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or Repealed, found online, also identifies each regulation incorporating a document. Documents incorporated by reference are available for inspection in various depository libraries located throughout the State and at the Division of State Documents. These depositories are listed in the first issue of the Maryland Register published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives information about past changes to regulations. To determine if there have been any subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf. This table lists the regulations in numerical order, by their COMAR number, followed by the citation to the Maryland Register in which the change occurred. The Maryland Register serves as a temporary supplement to COMAR, and the two publications must always be used together. A Research Guide for Maryland Regulations is available. For further information, call 410-260-3876.

SUBSCRIPTION INFORMATION

For subscription forms for the Maryland Register and COMAR, see the back pages of the Maryland Register. Single issues of the Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS

Maryland citizens and other interested persons may participate in the process by which administrative regulations are adopted, amended, or repealed, and may also initiate the process by which the validity and applicability of regulations is determined. Listed below are some of the ways in which citizens may participate (references are to State Government Article (SG),

Annotated Code of Maryland):

• By submitting data or views on proposed regulations either orally or in writing, to the proposing agency (see ‘‘Opportunity for Public Comment’’ at the beginning of all regulations appearing in the Proposed Action on Regulations section of the Maryland Register). (See SG, §10-112)

• By petitioning an agency to adopt, amend, or repeal regulations. The agency must respond to the petition. (See SG §10-123)

• By petitioning an agency to issue a declaratory ruling with respect to how any regulation, order, or statute enforced by the agency applies. (SG, Title 10, Subtitle 3)

• By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation interferes with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)

• By inspecting a certified copy of any document filed with the Division of State Documents for publication in the Maryland Register. (See SG, §7-213)

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland21401. Tel. 410-260-3876. Published biweekly, with cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription rate for the Maryland Register is $225 per year (first class mail). All subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices.

Wes Moore, Governor; Susan C. Lee, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor, Maryland Register and COMAR; Elizabeth Ramsey, Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help Desk, COMAR and Maryland Register Online.

Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the
Maryland Register ..................................................................... 332

COMAR Research Aids

Table of Pending Proposals ........................................................... 333

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name Page

03 Comptroller of the Treasury .............................................. 340

07 Department of Human Services ........................................ 337

08 Department of Natural Resources ..................................... 341

09 Maryland Department of Labor ......................................... 337

10 Maryland Department of Health ........................................ 337

13A State Board of Education ........................................... 339, 351

14 Independent Agencies ....................................................... 352

31 Maryland Insurance Administration .................................. 355

PERSONS WITH DISABILITIES

Individuals with disabilities who desire assistance in using the publications and services of the Division of State Documents are encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.

The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS .................................. 336

Final Action on Regulations

07 DEPARTMENT OF HUMAN SERVICES

SOCIAL SERVICES ADMINISTRATION

In-Home Family Services . 337

09 MARYLAND DEPARTMENT OF LABOR

BOARD OF COSMETOLOGISTS

General Regulations . 337

Continuing Education . 337

10 MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Pharmacists . 337

MARYLAND HEALTHCHOICE PROGRAM

Maryland Medicaid Managed Care Program: Benefits . 337

MEDICAL CARE PROGRAMS

Emergency Service Transporters . 337

MARYLAND HEALTHCHOICE PROGRAM

Maryland Medicaid Managed Care Program: Benefits . 337

MEDICAL CARE PROGRAMS

Home and Community-Based Services Waiver for Individuals
with Brain Injury . 338

Special Psychiatric Hospitals ................................................... 338

HEALTH SERVICES COST REVIEW COMMISSION

Uniform Accounting and Reporting System for Hospitals and
Related Institutions . 338

Rate Application and Approval Procedures ............................. 338

ALCOHOL AND DRUG ABUSE ADMINISTRATION

Prescription Drug Monitoring Program .. 338

BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS

General Regulations . 338

Licensing Procedures . 338

Continuing Education . 338

Fee Schedule . 338

NATALIE M. LAPRADE MEDICAL CANNABIS
COMMISSION

Definitions . 339

Patient and Caregiver Identification Cards . 339

Medical Cannabis Grower License . 339

Medical Cannabis Grower Agent 339

Medical Cannabis Growing Controls . 339

Inventory Control by Grower 339

Complaints, Adverse Events, and Recall 339

Registration of Ancillary Businesses and Security Guard
Agencies ................................................................................ 339

Medical Cannabis Processor License . 339

Medical Cannabis Processor Agent 339

Medical Cannabis Processor Premises . 339

Medical Cannabis Processor Operations .................................. 339

Medical Cannabis Concentrates and Medical Cannabis-
Infused Products . 339

Medical Cannabis Dispensary License . 339

Registered Dispensary Agent ................................................... 339

Licensed Dispensary Operations .............................................. 339

Dispensing Medical Cannabis .................................................. 339

Inspection ................................................................................. 339

13A STATE BOARD OF EDUCATION

GENERAL INSTRUCTIONAL PROGRAMS

Administration of Home and Hospital Teaching for
Students . 339

Proposed Action on Regulations

03 COMPTROLLER OF THE TREASURY

ALCOHOL AND TOBACCO TAX

Alcoholic Beverages ................................................................ 340

Tobacco Tax . 340

Administration . 340

08 DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Blue Crabs . 341

Oysters . 342

Fishing in Nontidal Waters . 344

Fishing in Nontidal Waters ...................................................... 345

Fishing Licenses—Point Assignment, License Revocation
and Suspension Schedule and Criteria, and Hearing
Procedure . 346

Bait 349

BOATING

Boating Accidents . 350

13A STATE BOARD OF EDUCATION

SUPPORTING PROGRAMS

Student Transportation . 351

14 INDEPENDENT AGENCIES

COMMISSION ON CRIMINAL SENTENCING POLICY

Criminal Offenses and Seriousness Categories ....................... 352

MARYLAND HEALTH BENEFIT EXCHANGE

Appeals from Determinations Regarding Producer
Authorization or Individual Exchange Navigator
Certification . 353

31 MARYLAND INSURANCE ADMINISTRATION

INSURANCE PRODUCERS AND OTHER INSURANCE
PROFESSIONALS

Insurance Producers—Continuing Education
Requirements . 355

Errata

COMAR 26.13.03.03-3D(2)(b) ................................................... 356

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water 357

Public Hearing . 358

Grandfathering (GF) Registration Notice . 360

Projects Approved for Minor Modifications . 360

Public Hearing . 360

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 22-WQC-0040 . 361

Water Quality Certification 22-WQC-0043 ......................... 362

General Notices

STATE COLLECTION AGENCY LICENSING BOARD
(SCALB)

Public Meeting . 363

COMMISSION ON CRIMINAL SENTENCING POLICY

Public Meeting . 363

DEPARTMENT OF THE ENVIRONMENT

Public Hearing . 363

MARYLAND DEPARTMENT OF HEALTH

Public Hearing . 363

MARYLAND HEALTH CARE COMMISSION

Receipt of Application . 363

COMAR Online

The Code of Maryland Regulations is available at www.dsd.state.md.us as a free service of the Office of the Secretary of State, Division of State Documents. The full text of regulations is available and searchable. Note, however, that the printed COMAR continues to be the only official and enforceable version of COMAR.

The Maryland Register is also available at www.dsd.state.md.us.

For additional information, visit www.dsd.maryland.gov, Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.

Availability of Monthly List of
Maryland Documents

The Maryland Department of Legislative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title ‘‘Maryland Documents’’. This list is published monthly, and contains bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. ‘‘Maryland Documents’’ also includes local publications.

Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

CLOSING DATES AND ISSUE DATES THROUGH
DECEMBER 2023^†

Issue Date	Emergency and Proposed Regulations 5 p.m.*	Notices, etc. 10:30 a.m.	Final Regulations 10:30 a.m.
2023
May 5	April 17	April 24	April 26
May 19	May 1	May 8	May 10
June 2	May 15	May 22	May 24
June 16	May 26**	June 5	June 7
June 30	June 12	June 16 **	June 21
July 14	June 26	July 3	July 5
July 28	July 10	July 17	July 19
August 11	July 24	July 31	August 2
August 25	August 7	August 14	August 16
September 8	August 21	August 28	August 30
September 22	September 1**	September 11	September 13
October 6	September 18	September 25	September 27
October 20	October 2	October 6**	October 11
November 3	October 16	October 23	October 25
November 17	October 30	November 6	November 8
December 1	November 13	November 20	November 22
December 15	November 27	December 4	December 6
December 29	December 11	December 18	December 20

^† Please note that this table is provided for planning purposes and that the Division of State Documents (DSD) cannot guarantee submissions will be published in an agency’s desired issue. Although DSD strives to publish according to the schedule above, there may be times when workload pressures prevent adherence to it.

* Also note that proposal deadlines are for submissions to DSD for publication in the Maryland Register and do not take into account the 15-day AELR review period. The due date for documents containing 8 to 18 pages is 48 hours before the date listed; the due date for documents exceeding 18 pages is 1 week before the date listed.

NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE PAGE COUNT REFLECTS THIS FORMATTING.

** Note closing date changes.

The regular closing date for Proposals and Emergencies is Monday.

Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals

The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata and corrections pertaining to proposed regulations are listed, followed by “(err)” or “(corr),” respectively. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

03 COMPTROLLER OF THE TREASURY

03.02.01.01 • 50:8 Md. R. 340 (4-21-23)

03.02.02.05—.07 • 50:8 Md. R. 340 (4-21-23)

03.02.04.01,.02 • 50:8 Md. R. 340 (4-21-23)

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

05.03.09.01—.11 • 50:7 Md. R. 304 (4-7-23)

05.20.05.01—.12 • 49:25 Md. R. 1054 (12-2-22)

08 DEPARTMENT OF NATURAL RESOURCES

08.02.03.11,.12 • 50:8 Md. R. 341 (4-21-23)

08.02.04.11 • 50:8 Md. R. 342 (4-21-23)

08.02.11.01 • 50:8 Md. R. 344 (4-21-23)

08.02.11.02,.04 • 50:8 Md. R. 345 (4-21-23)

08.02.13.03,.05,.10 • 50:8 Md. R. 346 (4-21-23)

08.02.20.01,.03 • 50:8 Md. R. 349 (4-21-23)

08.03.09.11 • 50:2 Md. R. 52 (1-27-23)

08.04.07.01 • 50:8 Md. R. 350 (4-21-23)

09 MARYLAND DEPARTMENT OF LABOR

09.01.12.01—.08 • 50:2 Md. R. 55 (1-27-23)

09.03.14.01—.18 • 50:4 Md. R. 125 (2-24-23)

50:7 Md. R. 307 (4-7-23) (corr)

09.12.32.01—06 • 49:21 Md. R. 953 (10-7-22)

09.12.50.02,.02-1,.03 • 50:2 Md. R. 55 (1-27-23) (ibr)

09.12.51.04 • 50:2 Md. R. 55 (1-27-23)

09.12.57.01,.02 • 50:2 Md. R. 62 (1-27-23) (ibr)

09.12.58.03,.04 • 50:2 Md. R. 63 (1-27-23) (ibr)

09.12.81.02 • 50:1 Md. R. 11 (1-13-23) (ibr)

09.19.02.04 • 50:3 Md. R. 91 (2-10-23)

09.22.01.13 • 50:3 Md. R. 92 (2-10-23)

09.37.05.01—.08 • 49:26 Md. R. 1083 (12-16-22)

10 MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 (2nd volume)

10.09.01.03,.06 • 50:4 Md. R. 135 (2-24-23)

10.09.02.01,.03—.05,.07—.09,.11 • 50:1 Md. R. 11 (1-13-23) (ibr)

10.09.04.01,.03,.04,.07 • 50:7 Md. R. 307 (4-7-23)

10.09.05.01,.03—.07 • 49:27 Md. R. 1113 (12-30-22)

10.09.07.08 • 50:7 Md. R. 309 (4-7-23)

10.09.09.01,.03—.07 • 50:6 Md. R. 220 (3-24-23) (ibr)

10.09.10.07,.08 • 50:6 Md. R. 221 (3-24-23)

10.09.12.06,.07 • 50:6 Md. R. 222 (3-24-23)

10.09.15.03,.07 • 50:4 Md. R. 136 (2-24-23)

10.09.16.01—.13 • 50:4 Md. R. 136 (2-24-23)

10.09.17.03,.04 • 50:4 Md. R. 139 (2-24-23)

10.09.23.01,.01-1,.03—.05,.07,.08 • 50:6 Md. R. 224 (3-24-23) (ibr)

10.09.27.01,.03—.06 • 50:6 Md. R. 225 (3-24-23)

10.09.29.07 • 50:7 Md. R. 310 (4-7-23)

10.09.31.01,.03—.06 • 49:22 Md. R. 982 (10-21-22)

10.09.33.01,.02,.06,.07,.09 • 50:6 Md. R. 227 (3-24-23)

10.09.34.06 • 50:6 Md. R. 228 (3-24-23)

10.09.40.01—.06 • 50:1 Md. R. 13 (1-13-23)

10.09.41.04,.07 • 49:16 Md. R. 762 (7-29-22)

10.09.48.08 • 50:6 Md. R. 229 (3-24-23)

10.09.49.03—.10 • 49:24 Md. R. 1028 (11-18-22)

10.09.52.01—.06 • 50:1 Md. R. 13 (1-13-23)

10.09.53.01,.07 • 50:7 Md. R. 311 (4-7-23)

10.09.54.01,.04,.14,.16,.17,.22 • 50:3 Md. R. 94 (2-10-23)

10.09.55.03,.06 • 49:27 Md. R. 1115 (12-30-22)

10.09.56.22 • 50:4 Md. R. 140 (2-24-23)

10.09.76.01,.03,.05 • 50:1 Md. R. 13 (1-13-23)

10.09.77.01,.03—.07,.10 • 50:1 Md. R. 21 (1-13-23)

10.09.80.01,.05,.06,.08 • 50:4 Md. R. 141 (2-24-23)

10.09.89.09—.12,.14 • 50:6 Md. R. 230 (3-24-23)

10.09.96.01,.02,.05,.06 • 49:24 Md. R. 1028 (11-18-22)

Subtitles 10—22 (3rd volume)

10.15.07.01 • 49:27 Md. R. 1116 (12-30-22) (ibr)

10.21.01.04,.08 • 49:23 Md. R. 1000 (11-4-22)

Subtitles 23—36 (4th volume)

10.28.01.01—.06 • 49:26 Md. R. 1084 (12-16-22)

10.32.01.03 • 49:16 Md. R. 768 (7-29-22)

10.32.02.03 • 49:16 Md. R. 768 (7-29-22)

10.32.02.10 • 49:16 Md. R. 769 (7-29-22)

10.34.14.01,.03..03-1 • 50:3 Md. R. 96 (2-10-23)

Subtitles 37—52 (5th volume)

10.37.10.26 • 49:18 Md. R. 822 (8-26-22)

10.38.13.01—.06 • 50:1 Md. R. 22 (1-13-23)

10.40.12.01—.06 • 49:26 Md. R. 1085 (12-16-22)

10.41.06.01—.06 • 49:26 Md. R. 1087 (12-16-22)

10.42.10.01—.06 • 49:26 Md. R. 1088 (12-16-22)

10.43.17.01—.06 • 50:2 Md. R. 68 (1-27-23)

10.46.08.01—.06 • 49:27 Md. R. 1116 (12-30-22)

Subtitles 53—68 (6th volume)

10.56.10.01—.06 • 49:27 Md. R. 1117 (12-30-22)

10.58.06.01—.06 • 49:26 Md. R. 1090 (12-16-22)

10.58.16.02,.13—.19 • 49:26 Md. R. 1090 (12-16-22)

10.63.01.02,.05 • 50:4 Md. R. 143 (2-24-23)

10.63.02.02 • 50:4 Md. R. 143 (2-24-23)

10.63.03.20,.21 • 50:4 Md. R. 143 (2-24-23)

10.65.10.01—.06 • 50:2 Md. R. 69 (1-27-23)

10.67.06.26-6 • 49:22 Md. R. 982 (10-21-22)

11 DEPARTMENT OF TRANSPORTATION

Subtitles 11—23 (MVA)

11.06.05.01—.05 • 50:7 Md. R. 312 (4-7-23)

13A STATE BOARD OF EDUCATION

13A.01.08.01—16 • 50:7 Md. R. 313 (4-7-23)

13A.01.09.01—11 • 50:7 Md. R. 315 (4-7-23)

13A.05.14.01—.13 • 50:4 Md. R. 151 (2-24-23)

13A.06.07.06—.08,.11,.12,.18,.19 • 50:8 Md. R. 351 (4-21-23)

13A.08.01.03 • 50:7 Md. R. 317 (4-7-23)

13A.15.01.02 • 49:24 Md. R. 1032 (11-18-22)

13A.15.04.03 • 49:24 Md. R. 1032 (11-18-22)

13A.15.13.01—.10 • 49:24 Md. R. 1032 (11-18-22)

13A.15.14.01—.09 • 49:24 Md. R. 1032 (11-18-22)

13A.15.15.01—.08 • 49:24 Md. R. 1032 (11-18-22)

13A.15.16.01—.04 • 49:24 Md. R. 1032 (11-18-22)

13B MARYLAND HIGHER EDUCATION COMMISSION

13B.01.01.17 • 50:4 Md. R. 153 (2-24-23)

13B.02.06.01,.06,.11,.14 • 50:4 Md. R. 153 (2-24-23)

13B.03.01.03,.13 • 50:4 Md. R. 155 (2-24-23)

13B.07.02.03 • 50:4 Md. R. 156 (2-24-23)

13B.08.01.02 • 49:16 Md. R. 772 (7-29-22)

13B.08.12.01—.08 • 50:4 Md. R. 156 (2-24-23)

13B.08.13.03 • 49:17 Md. R. 802 (8-12-22)

13B.08.14.02,.06,.07 • 49:17 Md. R. 803 (8-12-22)

13B.08.20.02—.13 • 50:4 Md. R. 158 (2-24-23)

14 INDEPENDENT AGENCIES

14.04.09.01—.04 • 49:9 Md. R. 536 (4-22-22)

14.22.02.02 • 50:8 Md. R. 352 (4-21-23)

14.35.10.01—.16 • 50:8 Md. R. 355 (4-21-23)

14.40.04.01—.03 • 50:2 Md. R. 70 (1-27-23)

14.40.05.03,.04 • 50:2 Md. R. 71 (1-27-23)

20 PUBLIC SERVICE COMMISSION

20.51.01.02 • 50:6 Md. R. 232 (3-24-23)

20.51.02.03,.10 • 50:6 Md. R. 232 (3-24-23)

20.53.01.02 • 50:6 Md. R. 234 (3-24-23)

20.53.03.02 • 50:6 Md. R. 234 (3-24-23)

20.53.04.02 • 50:6 Md. R. 234 (3-24-23)

20.53.07.02,.05,.07,.08,.10,.12—.14 • 50:6 Md. R. 234 (3-24-23)

20.54.01.02 • 50:6 Md. R. 237 (3-24-23)

20.54.02.03,.10 • 50:6 Md. R. 237 (3-24-23)

20.59.01.02 • 50:6 Md. R. 238 (3-24-23)

20.59.03.02 • 50:6 Md. R. 238 (3-24-23)

20.59.04.02 • 50:6 Md. R. 238 (3-24-23)

20.59.07.02,.05,.07,.08,.10,.12—.14 • 50:6 Md. R. 238 (3-24-23)

20.61.01.03 • 50:6 Md. R. 241 (3-24-23)

20.61.02.01,.03 • 50:6 Md. R. 241 (3-24-23)

20.61.05.01 • 50:6 Md. R. 241 (3-24-23)

20.61.06.01—.03,.06,.12,.18 • 50:6 Md. R. 241 (3-24-23)

21 STATE PROCUREMENT REGULATIONS

21.11.11.01,.06,.07 • 50:2 Md. R. 72 (1-27-23)

26 DEPARTMENT OF THE ENVIRONMENT

Subtitles 01—07 (Part 1)

26.04.01.01,.01-1,.20,.37 • 50:3 Md. R. 106 (2-10-23) (ibr)

26.04.12.01—.07 • 50:2 Md. R. 73 (1-27-23)

Subtitles 08—12 (Part 2)

26.11.19.20 • 49:27 Md. R. 1119 (12-30-22)

26.11.42.01—.11 • 49:27 Md. R. 1119 (12-30-22) (ibr)

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

30.08.08.01—.22 • 50:5 Md. R. 184 (3-10-23)

31 MARYLAND INSURANCE ADMINISTRATION

31.03.02.03 • 50:8 Md. R. 355 (4-21-23)

31.10.44.02—.11 • 50:4 Md. R. 160 (2-24-23)

3 STATE BOARD OF ELECTIONS

33.01.05.06 • 50:7 Md. R. 317 (4-7-23)

33.01.07.01—.06 • 49:9 Md. R. 537 (4-22-22)

33.03.02.01,.03,.04 • 50:7 Md. R. 317 (4-7-23)

33.10.01.18 • 50:7 Md. R. 317 (4-7-23)

33.12.02.05 • 50:7 Md. R. 317 (4-7-23)

33.13.02.03 • 50:5 Md. R. 190 (3-10-23)

33.13.10.01,.04 • 50:5 Md. R. 190 (3-10-23)

33.13.20.03 • 50:5 Md. R. 190 (3-10-23)

33.13.22.01—.03,.05—.07 • 50:5 Md. R. 190 (3-10-23)

33.13.23.01—.11 • 50:5 Md. R. 190 (3-10-23)

33.16.02.01,.03—.06 • 50:7 Md. R. 317 (4-7-23)

33.16.04.02 • 50:7 Md. R. 317 (4-7-23)

33.16.05.04 • 50:7 Md. R. 317 (4-7-23)

33.17.02.02,.04 • 50:7 Md. R. 317 (4-7-23)

33.18.01.02 • 50:5 Md. R. 190 (3-10-23)

33.21.01.02 • 50:7 Md. R. 317 (4-7-23)

33.21.03.02,.03 • 50:7 Md. R. 317 (4-7-23)

33.21.04.06 • 50:7 Md. R. 317 (4-7-23)

The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS

This is to certify that by an Opinion and Order of this Court dated February 27, 2023, KEVIN MBEH TABE (CPF# 0912170224), as of February 27, 2023, Kevin Mbeh Tabe has been suspended for ninety days, effective March 29, 2023, and his name has been stricken from the register of attorneys in this Court. Notice of this action is given in accordance with Maryland Rule 19-761(b).

* * * * * * * * * *

This is to certify that by an Opinion and Order of this Court dated March 27, 2023, WENDY BARROW CULBERSON (CPF# 9406230068), as of March 27, 2023, Wendy Barrow Culberson has been disbarred, effective immediately and her name has been stricken from the register of attorneys in this Court. Notice of this action is given in accordance with Maryland Rule 19-761(b).

* * * * * * * * * *

This is to certify that by an Opinion and Order of this Court dated February 28, 2023, SHERWOOD R. WESCOTT (CPF# 0106200292), as of February 28, 2023, Sherwood R. Wescott has been suspended for sixty days, effective March 30, 2023, and his name has been stricken from the register of attorneys in this Court. Notice of this action is given in accordance with Maryland Rule 19-761(b).

[23-08-14]

Final Action on Regulations

Symbol Key

• Roman type indicates text already existing at the time of the proposed action.

• Italic type indicates new text added at the time of proposed action.

• Single underline, italic indicates new text added at the time of final action.

• Single underline, roman indicates existing text added at the time of final action.

• [[Double brackets]] indicate text deleted at the time of final action.

Title 07
DEPARTMENT OF HUMAN SERVICES

Subtitle 02 SOCIAL SERVICES ADMINISTRATION

07.02.01 In-Home Family Services

Authority: Courts and Judicial Proceedings Article, §§3-801—3-820; Family Law Article, §§5-524, 5-525, 5-704, 5-709—5-713; Annotated Code of Maryland
Agency Note: Federal Regulatory Reference: 42 U.S.C. §620 et seq.; 45 CFR 1355—1357

Notice of Final Action

[22-066-F]

On April 11, 2023, the Maryland Department of Human Services adopted amendments to Regulation .10 under COMAR 07.02.01 In-Home Family Services. This action, which was proposed for adoption in 49:9 Md. R. 532 (April 22, 2022), has been adopted as proposed.

Effective Date: May 1, 2023.

SANDRA BARNES
Policy Manager

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 22 BOARD OF COSMETOLOGISTS

09.22.01 General Regulations

Authority: Business Occupations and Professions Article, §§5-205 and 5-311, Annotated Code of Maryland

Notice of Final Action

[22-287-F]

On April 6, 2023, the Department of Labor adopted amendments to Regulation .13 under COMAR 09.22.01 General Regulations. This action, which was proposed for adoption in 50:3 Md. R. 92 (February 10, 2023), has been adopted as proposed.

Effective Date: May 1, 2023.

PORTIA WU
Secretary

Subtitle 22 BOARD OF COSMETOLOGISTS

09.22.04 Continuing Education

Authority: Business Occupations and Professions Article, §§5-205 and 5-311, Annotated Code of Maryland

Notice of Final Action

[22-289-F]

On April 6, 2023, the Department of Labor adopted new Regulations .01—.10 under a new chapter, COMAR 09.22.04 Continuing Education. This action, which was proposed for adoption in 50:3 Md. R. 92—94 (February 10, 2023), has been adopted as proposed.

Effective Date: May 1, 2023.

PORTIA WU
Secretary

Title 10
MARYLAND DEPARTMENT OF HEALTH

Notice of Final Action

[22-337-F]

On March 31, 2023, the Secretary of Health adopted amendments to:

(1) Regulations .02—.04 and .06 under COMAR 10.09.21 Pharmacists; and

(2) Regulation .04 under COMAR 10.67.06 Maryland Medicaid Managed Care Program: Benefits.

This action, which was proposed for adoption in 50:2 Md. R. 64—65 (January 27, 2023), has been adopted as proposed.

Effective Date: May 1, 2023.

LAURA HERRERA SCOTT
Secretary of Health

Notice of Final Action

[22-191-F]

On March 31, 2023, the Secretary of Health adopted:

(1) Amendments to Regulations .01 and .03—.06 under COMAR 10.09.31 Emergency Service Transporters; and

(2) New Regulation .26-6 under COMAR 10.67.06 Maryland Medicaid Managed Care Program: Benefits.

This action, which was proposed for adoption in 49:22 Md. R. 982—984 (October 21, 2022), has been adopted as proposed.

Effective Date: May 1, 2023.

LAURA HERRERA SCOTT
Secretary of Health

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.46 Home and Community-Based Services Waiver for Individuals with Brain Injury

Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and 15-141.2, Annotated Code of Maryland

Notice of Final Action

[22-350-F]

On March 31, 2023, the Secretary of Health adopted amendments to Regulations .01, .04, .05, .09-1, and .12 under COMAR 10.09.46 Home and Community-Based Services Waiver for Individuals with Brain Injury. This action, which was proposed for adoption in 50:2 Md. R. 65—67 (January 27, 2023), has been adopted as proposed.

Effective Date: May 1, 2023.

LAURA HERRERA SCOTT
Secretary of Health

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.95 Special Psychiatric Hospitals

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland

Notice of Final Action

[22-197-F]

On March 31, 2023, the Secretary of Health adopted amendments to Regulation .05 under COMAR 10.09.95 Special Psychiatric Hospitals. This action, which was proposed for adoption in 49:23 Md. R. 999—1000 (November 4, 2022), has been adopted as proposed.

Effective Date: May 1, 2023.

LAURA HERRERA SCOTT
Secretary of Health

Subtitle 37 HEALTH SERVICES COST REVIEW COMMISSION

10.37.01 Uniform Accounting and Reporting System for Hospitals and Related Institutions

Authority: Health-General Article, §§19-207 and 19-215, Annotated Code of Maryland

Notice of Final Action

[22-352-F-I]

On April 12, 2023, the Health Services Cost Review Commission adopted amendments to Regulation .02 under COMAR 10.37.01 Uniform Accounting and Reporting System for Hospitals and Related Institutions. This action, which was proposed for adoption in 50:2 Md. R. 67—68 (January 27, 2023), has been adopted as proposed.

Effective Date: May 1, 2023.

ADAM KANE
Chairman

Subtitle 37 HEALTH SERVICES COST REVIEW COMMISSION

10.37.10 Rate Application and Approval Procedures

Authority: Health-General Article, §§19-207, 19-219, 19-220, and 19-222, Annotated Code of Maryland

Notice of Final Action

[22-294-F]

On April 12, 2023, the Health Services Cost Review Commission adopted amendments to Regulations .03, .04, and .05 under COMAR 10.37.10 Rate Application and Approval Procedures. This action, which was proposed for adoption in 50:3 Md. R. 97 (February 10, 2023), has been adopted as proposed.

Effective Date: May 1, 2023.

ADAM KANE
Chairman

Subtitle 47 ALCOHOL AND DRUG ABUSE ADMINISTRATION

10.47.07 Prescription Drug Monitoring Program

Authority: Health-General Article, §§21-2A-01 — 21-2A-09, Annotated Code of Maryland

Notice of Final Action

[22-314-F]

On March 31, 2023, the Secretary of Health adopted amendments to Regulations .02—.05 and .07—.09 and new Regulation .05-1 under COMAR 10.47.07 Prescription Drug Monitoring Program. This action which was proposed for adoption in 50:1 Md. R. 24—25 (January 13, 2023), has been adopted as proposed.

Effective Date: May 1, 2023.

LAURA HERRERA SCOTT
Secretary of Health

IMPORTANT CORRECTION COMAR 10.47.07

The Notice of Final Action docketed as 22-314-F in this issue (April 21, 2323) was published with the incorrect effective date of May 1, 2023. The correct effective date is July 20, 2023.

Subtitle 60 BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS

Notice of Final Action

[22-320-F]

On March 31, 2023, the Secretary of Health adopted amendments to:

(1) Regulation .01 under COMAR 10.60.01 General Regulations;

(2) Regulation .06 under COMAR 10.60.02 Licensing Procedures;

(3) Regulation .01 under COMAR 10.60.03 Continuing Education; and

(4) Regulation .01 under COMAR 10.60.06 Fee Schedule.

This action, which was proposed for adoption in 50:1 Md. R. 26—27 (January 13, 2023), has been adopted as proposed.

Effective Date: May 1, 2023.

LAURA HERRERA SCOTT
Secretary of Health

Subtitle 62 NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION

Notice of Final Action

[22-293-F]

On March 31, 2023, the Secretary of Health adopted:

(1) Amendments to Regulation .01 under COMAR 10.62.01 Definitions;

(2) Amendments to Regulations .01 and .02 under COMAR 10.62.06 Patient and Caregiver Identification Cards;

(3) Amendments to Regulations .07 and .08 and new Regulation .14 under COMAR 10.62.08 Medical Cannabis Grower License;

(4) Amendments to Regulation .05 under COMAR 10.62.09 Medical Cannabis Grower Agent;

(5) Amendments to Regulations .02 and .04 under COMAR 10.62.11 Medical Cannabis Growing Controls;

(6) Amendments to Regulations .06 and .09 under COMAR 10.62.12 Inventory Control by Grower;

(7) Amendments to Regulation .01 under COMAR 10.62.17 Complaints, Adverse Events, and Recall;

(8) Amendments to Regulation .10 under COMAR 10.62.18 Registration of Ancillary Businesses and Security Guard Agencies;

(9) Amendments to Regulation .07 and new Regulation .12 under COMAR 10.62.19 Medical Cannabis Processor License;

(10) Amendments to Regulation .05 under COMAR 10.62.20 Medical Cannabis Processor Agent;

(11) Amendments to Regulation .06 under COMAR 10.62.21 Medical Cannabis Processor Premises;

(12) Amendments to Regulations .03, .05, and .06 under COMAR 10.62.22 Medical Cannabis Processor Operations;

(13) Amendments to Regulations .02 and .03 and the repeal of existing Regulation .07 under COMAR 10.62.23 Medical Cannabis Concentrates and Medical Cannabis-Infused Products;

(14) Amendments to Regulations .08 and .10 and new Regulation .13 under COMAR 10.62.25 Medical Cannabis Dispensary License;

(15) Amendments to Regulation .05 under COMAR 10.62.26 Registered Dispensary Agent;

(16) Amendments to Regulations .03, .05, and .06 under COMAR 10.62.28 Licensed Dispensary Operations;

(17) Amendments to Regulations .03—.05 and .08 under COMAR 10.62.30 Dispensing Medical Cannabis; and

(18) Amendments to Regulation .06 under COMAR 10.62.33 Inspection.

This action, which was proposed for adoption in 50:3 Md. R. 98—103 (February 10, 2023), has been adopted as proposed.

Effective Date: May 1, 2023.

LAURA HERRERA SCOTT
Secretary of Health

Title 13A
STATE BOARD OF EDUCATION

Subtitle 03 GENERAL INSTRUCTIONAL PROGRAMS

13A.03.05 Administration of Home and Hospital Teaching for Students

Authority: Education Article, §§2-205, 6-704, 7-101, 7-301, and 8-403, Annotated Code of Maryland

Notice of Final Action

[22-211-F]

On March 28, 2023, the Maryland State Board of Education adopted amendments to Regulations .02—.04 under COMAR 13A.03.05 Administration of Home and Hospital Teaching for Students. This action, which was proposed for adoption in 49:26 Md. R. 1093 (December 16, 2022), has been adopted as proposed.

Effective Date: May 1, 2023.

MOHAMMED CHOUDHURY
State Superintendent of Schools

Proposed Action on Regulations

Title 03
COMPTROLLER OF THE TREASURY

Subtitle 02 ALCOHOL AND TOBACCO TAX

Notice of Proposed Action

[23-018-P]

The Comptroller of the Treasury proposes to:

(1) Amend Regulation .01 under COMAR 03.02.01 Alcoholic Beverages;

(2) Amend Regulations .05—.07 under COMAR 03.02.02 Tobacco Tax; and

(3) Amend Regulation .01 and repeal Regulation .02 under COMAR 03.02.04 Administration.

Statement of Purpose

Amend regulations to reflect current policy and procedure.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Krista A Sermon, Deputy Director, Legal Division, Comptroller of the Treasury, 110 Carroll Street, 105D, Annapolis, MD 21401, or call 410-260-7319, or email to ksermon@marylandtaxes.gov. Comments will be accepted through May 22, 2023. A public hearing has not been scheduled.

03.02.01 Alcoholic Beverages

Authority: [Article 2B, §§2-101, 16-301, 16-302, and 16-303;] Tax-General Article §2-103[;], Annotated Code of Maryland

.01 Method of Tax Payment Applicable to Beer Delivered Into Maryland.

A. Prepayment of Beer Tax. Beer may not be consigned into the State of Maryland, [except as provided in Article 2B, §4(h), Annotated Code of Maryland,] unless:

(1) The consignor is the holder of a nonresident dealer's permit issued by the [Comptroller] Alcohol and Tobacco Commission;

(2)—(3) (text unchanged)

(4) All applicable provisions of [Article 2B] Alcoholic Beverages Article and [the] Tax-General Article, Annotated Code of Maryland, have been met.

B.—C. (text unchanged)

03.02.02 Tobacco Tax

Authority: Tax-General Article, §§2-103, 12-303, and 12-306, Annotated Code of Maryland

.05 Cigarette Tax Stamps.

A.—F. (text unchanged)

G. Wholesalers who do not post a security or have not been granted a security exemption under this regulation will be required to [furnish certified checks when purchasing] purchase stamps by authorizing the Comptroller to withdraw the amounts due from the wholesaler’s bank account, otherwise known a direct debit.

.06 Sales to Maryland Subwholesalers for Resale Outside [of] Maryland.

A. A wholesaler may deliver unstamped cigarettes to a Maryland subwholesaler only if that subwholesaler has applied for and received permission from the Comptroller to buy unstamped cigarettes for sale outside [of] Maryland.

B. A subwholesaler who receives the permission in §A of this regulation [will be required to file] shall:

(1) File monthly returns containing schedules showing each delivery outside [of] Maryland[.];

(2) Segregate unstamped cigarettes for sale outside Maryland from other inventory; and

(3) Mark unstamped cigarettes for sale outside Maryland.

[C. Segregating and marking the cigarettes for out-of-State delivery applies to subwholesalers.]

.07 Sample Cigarettes.

A. (text unchanged)

B. Manufacturers shall supply the [Alcohol and Tobacco Tax Bureau] Comptroller with a complete listing, including addresses of all representatives, warehouses, advertising agencies, etc., who distribute or store sample cigarettes in Maryland on their behalf.

03.02.04 Administration

Authority: Alcohol [Beverage] Beverages Article, §1-302; Tax-General Article, §2-103; Annotated Code of Maryland

.01 Tax Returns and Reports.

A. Alcoholic Beverage Tax Returns and Reports.

(1)—(3) (text unchanged)

(4) Filing frequency for Manufacturers and Wholesalers of Beer, Wine or Liquor.

(a) The Comptroller shall notify manufacturers and wholesalers of their filing frequency under [§A(5)(b) of] this regulation.

(b)—(e) (text unchanged)

[(5) Beer Franchise Filing.

(a) A beer franchise filing is required to be filed with the Revenue Administration Division on the form prescribed by the Comptroller on the form prescribed by the Executive Director. A beer franchise form shall be filed before distribution of a brand of beer by:

(i) A beer nonresident dealer who sells beer to a Maryland wholesaler or county dispensary for distribution in the State;

(ii) A Maryland brewery or microbrewery who sells beer to a Maryland wholesaler for distribution in this State; or

(iii) A Maryland beer wholesaler who self-imports beer for sale in Maryland or subdistributes beer to another Maryland beer wholesaler for sale in Maryland.

(b) A person required to file a beer franchise form under §A of this regulation, when a franchise status changes, shall report the change promptly to the Comptroller by filing a replacement beer franchise form or submitting an explanatory letter, or both.]

[(6)] (5) A holder of a nonresident winery, distillery, and brewery permit authorized to sell wine, distilled spirits, or beer shall file a [wine] tax return with the Revenue Administration Division on forms prescribed by the Comptroller for each month that the holder's permit is active. A tax return is required for each month even if the permittee had no activity. A nonresident [winery] permit holder shall file a [wine] tax return by the 10th of the month following the report month.

B.—C. (text unchanged)

BROOKE E. LIERMAN
Comptroller of Maryland

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.03 Blue Crabs

Authority: Natural Resources Article, §§4-215 and 4-803, Annotated Code of Maryland

Notice of Proposed Action

[23-055-P]

The Secretary of Natural Resources proposes to amend Regulations .11 and .12 under COMAR 08.02.03 Blue Crabs.

Statement of Purpose

The purpose of this action is to modify and clarify the commercial harvest times for blue crabs.

This action will add the recently recognized federal holiday Juneteenth National Independence Day to the list of federal holidays which modify commercial crabbing times. Commercial crabbers are currently allowed to begin crabbing an hour earlier than their usual start time on federal holidays in the summer months between Memorial Day and Labor Day, as well as the day immediately prior to those holidays. The holidays are named in the regulation. The modification would add the Juneteenth holiday to that list. Adding Juneteenth National Independence Day will maintain the intention of the regulation, as the holiday falls within that time. The purpose of allowing an extra hour in the morning on these days is to enable commercial crabbers to have extra time to crab on and immediately before summer holidays when demand for crabs is often highest. Juneteenth National Independence Day was established as a federal holiday in 2021 and will be observed annually on June 19th. Therefore, the holiday falls within the summer time frame (Memorial Day to Labor Day) and should be included in the regulation.

The action will clarify when crab pots may be set. There is currently an allowance to set crab pots already on board a vessel for 1 hour after the legal harvest times, but it is not clearly stated when crab pots may be set otherwise. The clarification will explicitly state that crab pots may be set during the legal harvest times for crab pots and the 1 hour after the legal harvest times. Individuals have asked for clarification on when crab pots may be set due to the current wording of the regulation. The current language allows for crabs to be removed from crab pots during the established legal crabbing times and for pots already on board the vessel to be set for one hour after the end of the legal crabbing times. The change being considered will clarify those are the only times crab pots may be set and remove any ambiguity about when crab pots may be set.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action will have an indeterminable positive impact on the regulated industry by allowing commercial harvesters to begin crabbing 1 hour early on Juneteenth National Independence Day and the day prior to the holiday.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:	NONE
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:
Commercial licensees	(+)	Indeterminable
E. On other industries or trade groups:	NONE
F. Direct and indirect effects on public:	NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

D. The proposed action may have an indeterminable positive impact on commercial licensees. By allowing commercial licensees to begin crabbing 1 hour early on both the newly created holiday and the day prior to the holiday, those licensees will be able to moderately increase their harvest at times of increased demand, thereby resulting in positive economic impacts. It is not possible to determine exactly how much more harvest may occur, or how much of an economic impact will be created by the extra hour. Furthermore, some buyers put time limits on commercial harvesters which are more restrictive than the times set by the Department; to the extent that such outside restrictions exist, the additional harvest time may or may not have more or less impact on the individual harvesters.

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small businesses. An analysis of this economic impact follows:

This action may have a positive economic impact on commercial licensees, all of whom are small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Commercial Crab Time Regulations, Regulatory Staff, Department of Natural Resources, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or complete the comment form at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx. Comments will be accepted through May 22, 2023. A public hearing will be held on a date yet to be determined.

.11 Season and Time for Catching Crabs.

A. Commercial.

(1) An individual licensed to catch crabs for sale may remove crabs from commercial gear in the Chesapeake Bay and its tidal tributaries only during the following time periods:

(a) Trotlines:

(i)—(ii) (text unchanged)

(iii) Between 2 hours before sunrise to 9 hours after sunrise on Memorial Day, Juneteenth National Independence Day, July 4, Labor Day, and the day immediately preceding each of those holidays; and

(b) Crab scrapes:

(i)—(ii) (text unchanged)

(iii) Between 2 hours before sunrise to 9 hours after sunrise on Memorial Day, Juneteenth National Independence Day, July 4, Labor Day, and the day immediately preceding each of those holidays; and

(c) Crab pots, bank traps, channel pounds, collapsible traps, net rings, handlines, dip nets, and pound nets:

(i) (text unchanged)

(ii) Between 1-1/2 hours before sunrise to 7-1/2 hours after sunrise on Memorial Day, Juneteenth National Independence Day, July 4, Labor Day, and the day immediately preceding each of those holidays.

(2) (text unchanged)

(3) An individual licensed to catch crabs for sale may set or place overboard scrapes only during the following time periods:

(a)—(b) (text unchanged)

(c) Between 2 hours before sunrise to 9 hours after sunrise on Memorial Day, Juneteenth National Independence Day, July 4, Labor Day, and the day immediately preceding each of those holidays.

[(4) Crab pots already on board a boat at the end of the time periods specified in §A(1)(c) of this regulation may be set during a period of 1 hour immediately following those time periods.]

(4) Crab Pot Set Times. Crab pots may only be set:

(a) During the time periods established in §A(1)(c) of this regulation; or

(b) If already onboard a boat at the end of the time periods established in §A(1)(c) of this regulation, for 1 hour after the end of the time periods established in §A(1)(c) of this regulation.

(5) (text unchanged)

B.—C. (text unchanged)

.12 Special Regulations for Crabbing in Worcester County.

A.—C. (text unchanged)

D. Commercial Daily Time Restrictions. A person licensed to catch crabs for sale may remove crabs from commercial gear and set or retrieve crab pots in the coastal bays of the Atlantic Ocean and their tidal tributaries only during the following time periods:

(1)—(2) (text unchanged)

(3) Between 1-1/2 hours before sunrise to 8 hours after sunrise on Memorial Day, Juneteenth National Independence Day, July 4, Labor Day, and the day immediately preceding each of those holidays.

E.—F. (text unchanged)

JOSH KURTZ
Secretary of Natural Resources

Subtitle 02 FISHERIES SERVICE

08.02.04 Oysters

Authority: Natural Resources Article, §§ 4-215 and 4-1019.2, Annotated Code of Maryland

Notice of Proposed Action

[23-038-P]

The Secretary of Natural Resources proposes to amend Regulation .11 under COMAR 08.02.04 Oysters.

Statement of Purpose

The purpose of this action is to alter the procedure for establishing the fees the Department pays for fresh oyster shells and the transportation and placement of new oyster shells. The current value is set by regulation; the Department is considering changing the regulation to set the value by public notice with consideration of current market conditions.

Current regulation sets the rate to be paid by the Department to any person for the hauling and planting of the fresh oyster shell at 25 cents per bushel and the rate to be paid to purchase new oyster shells at $2 per bushel, for a total of $2.25 per bushel. The 2022 cost to buy the out-of-State shell, transport the shell, and plant the shell was $7.25 per bushel. As a result, Maryland shucking houses are not selling fresh shell to the Department because the current values established in regulation are greatly out of line with current market conditions. Changing the process of establishing the rate paid by public notice each year, rather than setting the rate in regulation, will allow the Department to pay a competitive fee based on current market conditions. If the rate set by the Department is actually reflective of market conditions, more Maryland shucking houses may be willing to sell to the Department, thereby allowing the Department more access to shells.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action may have an indeterminable positive economic impact by resulting in the planting of more oyster shell in the water which may result in additional oysters available for harvest.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:
Maryland Department of Natural Resources	(E+)	Indeterminable
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:
Oyster harvesters	(+)	Indeterminable
E. On other industries or trade groups:
Oyster dealers	(+)	Indeterminable
F. Direct and indirect effects on public:	NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. During the 2021—2022 oyster season, approximately 36 percent of the oysters stayed within Maryland (200,000 bushels of oysters). This is estimated using the export tax revenue and total bushels harvested as reported to the Department via Seafood Dealers Buy Tickets and Tax information. If these oysters were shucked in-State, this equates to approximately 100,000 bushels of shell with the assumption that 2 bushels of oysters creates 1 bushel of shell. Currently, in-State shucked shell is mainly being sold to aquaculture leaseholders or to out-of-State business/individuals.

Current regulation caps the cost of in-State oyster shell at $2 a bushel if sold to the Department. The current market value of shell right now is between $4 and $6 dollars. Businesses/individuals are not selling shell to the Department at $2 a bushel given the $4—$6 market price. This equates to less shell being able to be re-planted on Maryland's oyster bars.

Annually the Department receives revenue from an MDOT grant, severance tax on oysters harvested, and export tax on oysters sold out of State. These funds are used solely for public fishery replenishment projects including planting shucked shell. Currently there is approximately $4,000,000 available to spend on these projects; however, in-State shucked shell is not being sold to the Department and funds are not completely spent. By allowing the price the Department pays for shell to be set by public notice to reflect current market conditions, the Department hopes to expend more of these funds. It is not determinable how much of the available funds the Department will be able to expend based on the variability of the shell market.

D. Oyster harvesters may see a long-term indeterminable positive impact based on these changes. Oyster larvae need a hard substrate to attach to and become oyster spat (baby oysters). Increasing the amount of hard substrate planted, such as shell, on an oyster bar could increase the probability that larvae will find a hard substrate and thus could potentially increase natural recruitment, the oyster population, harvest, and revenue from harvest. While it is probable that planting additional shell will lead to some amount of increase in adult oysters at some point in the future, it is not possible to definitively assess how much any prospective planting of oyster shell on a public bar may ultimately impact future availability of oysters for harvest.

E. To the extent that this action makes more oysters available for harvest by oyster harvesters, oyster dealers typically generate additional revenue as well. While it is expected this action will have a long-term positive impact on oyster dealers, the extent to which that will be the case is indeterminable.

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small businesses. An analysis of this economic impact follows:

This action may have long-term positive impacts on small businesses that harvest, process, and deal in oysters by allowing the agency to be more competitive in the shell market, which may lead to the acquisition and planting of additional oyster shells in the water and ultimately more adult oysters available for harvest.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Regulations for Fees to be Paid for Oyster Shell, Regulatory Staff, Department of Natural Resources, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or complete the form at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#Ofees. Comments will be accepted through May 22, 2023. A public hearing has not been scheduled.

.11 General Provisions.

A.—D. (text unchanged)

E. Fees for Purchasing, Hauling, and Planting Fresh Oyster Shell.

(1) Subject to other conditions and terms agreed to each year, the rate to be paid by the Department to any person for the hauling and planting of fresh oyster shell shall be [25 cents per bushel] established by public notice in accordance with §G of this regulation, based on current fair market value.

(2) The rate to be paid to purchase fresh oyster shell shall be [$2 per bushel] established by public notice in accordance with §G of this regulation, based on current fair market value.

F. (text unchanged)

G. General.

(1) Notwithstanding Natural Resources Article, §§4-1004, 4-1008.1, 4-1009, 4-1013, and 4-1015.1, Annotated Code of Maryland, in order to implement the Maryland Chesapeake Bay Oyster Management Plan, the Secretary may issue a public notice to:

(a) Establish or modify the season, daily catch limits, days of the week, or times for catching oysters for recreational or commercial purposes; [or]

(b) Open or close an oyster harvest area for the harvesting or conservation of oysters[.]; or

(c) Establish or modify the rates to be paid for the purchase, hauling, and planting of fresh oyster shell.

(2)—(4) (text unchanged)

JOSH KURTZ
Secretary of Natural Resources

Subtitle 02 FISHERIES SERVICE

08.02.11 Fishing in Nontidal Waters

Authority: Natural Resources Article, §§4-219, 4-603, and 4-616, Annotated Code of Maryland

Notice of Proposed Action

[23-045-P]

The Secretary of Natural Resources proposes to amend Regulation .01 under COMAR 08.02.11 Fishing in Nontidal Waters.

Statement of Purpose

The purpose of this action is to establish a new put-and-take trout fishing area, modify the start time for trout fishing in certain waters and at certain times, remove a restriction that has outlived its usefulness, establish a youth-only trout fishing day, and expand a delayed harvest area.

The action establishes a new put-and-take trout fishing area on Little Pipe Creek in Carroll County. The put-and-take area will begin at Shepherds Mill Road and extend downstream to the MD Route 75 crossing in Union Bridge. This area is approximately 1.75 stream miles. Trout will be stocked downstream of Shepherds Mill Road and within Little Pipe Creek Park. By establishing this put-and-take area and stocking trout, the Department will expand fishing opportunities for anglers. The Town of Union Bridge had a population of 936 in the 2020 Census, and this put-and-take area will be within walking distance for residents of the town.

The action changes the trout fishing start time from 5:30 a.m. to 6:30 a.m. in all Closure 1 and Closure 2 put-and-take trout areas on the first day the areas open. Other areas not subject to closure would not be affected, and the start time in the affected areas would not change on any other dates. With daylight saving time in early March, sunrise is approximately 7:00 a.m., with twilight beginning at approximately 6:35 a.m. Many constituents have voiced concern about the start time of 5:30 a.m. being too dark for fishing in some very crowded streams on opening day. The crowding, which typically only exists in areas that have been closed for a period and are opening on opening day (Closure 1 and Closure 2 areas), also may cause safety concerns in the darkness.

The action removes Jones Falls from the Youth, Senior, and Blind Fishing Areas list. There is no public access to Jones Falls in the area listed in the regulation. The land is privately owned, and most landowners do not allow access. This area is listed in the regulation, creating the false impression that there is a publicly accessible fishing area at this location. This provision was implemented more than 30 years ago and has outlived its usefulness.

The action establishes a youth-only fishing day for trout on the Saturday before the traditional opening day (last Saturday in March), beginning at 6:30 a.m. This would be limited to the Closure 1 and Closure 2 put-and-take trout areas and have a creel limit of two fish per day. Other trout management areas will remain unaffected by this change. This change will provide more opportunities for youth anglers (age 15 and younger). Currently, there are 11 specially regulated areas for youth to fish. Five sites are limited to fishing by persons younger than 16 years old, 65 years old and older, and blind persons; six areas are limited to fishing by persons younger than 16 years old and blind persons.

Lastly, the action moves the boundary of the Delayed Harvest Area on Catoctin Creek in Frederick County from the boundary of Catoctin Creek Park at the Sumantown Road Bridge upstream 200 feet. There have been enforcement issues in this area because upstream of the boundary is open year-round to trout harvest, while the delayed harvest area beginning at the bridge is closed to trout harvest from October 1 through May 31. Also, during that period, a person may not use any natural or live bait, or any device enhanced with a scent and capable of catching fish in the delayed harvest area. After stocking, trout often reside under the bridge. By moving the special management line upstream of the bridge, anglers on both sides of the bridge will be fishing the area under the same rules.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action may have an economic impact on trout anglers, but the extent of the impact is indeterminable.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:	NONE
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:	NONE
E. On other industries or trade groups:	NONE
F. Direct and indirect effects on public:
Trout anglers	(+)	Indeterminable

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

F. The proposed action may have a positive impact on trout anglers. This action will increase opportunity for trout anglers in Carroll County, as well as provide additional opportunity for youth trout anglers Statewide. Furthermore, this action modifies the start time on the most crowded day of the trout season to more address constituent concerns. In totality, trout anglers will potentially have to drive less to reach waters where they can fish as well as receive more benefit from their fishing license as a result of the increased youth fishing opportunity. It is not possible to determine how much of a benefit trout anglers will ultimately realize, but it is not expected that the impact will be significant.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Fishing in Nontidal Waters Regulations, Regulatory Staff, Department of Natural Resources, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or complete the comment form at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx. Comments will be accepted through May 22, 2023. A public hearing has not been scheduled.

.01 Trout Fishing and Management Areas.

A. Basic Statewide Trout Fishing. Except as listed in §§B—[H] I of this regulation, the following shall be in effect for trout fishing in all nontidal waters of the State:

(1)—(5) (text unchanged)

B. Put-and-Take Trout Fishing Areas.

(1) Open Season. [Put-and-take] Except as provided in §I of this regulation, put-and-take trout fishing areas are closed to all fishing from 10 p.m. of the first date to 5:30 a.m. of the last date, during the period listed in the following schedule:

(a)—(c) (text unchanged)

(2) Fishing Hours.

(a) Except as provided in [§(2)(b)] §B(2)(b) and (c) and §I of this regulation, the fishing hours are from 5:30 a.m. to 10 p.m.

(b) (text unchanged)

(c) In areas designated as Closure 1 or Closure 2 areas in §B(5) of this regulation, the fishing hours on the last Saturday in March are from 6:30 a.m. to 10 p.m.

(3)—(4) (text unchanged)

(5) Except as provided in §C(1) of this regulation the following areas are designated as put-and-take trout fishing areas and are subject to the provisions in §B(1)—(3) of this regulation:

	Closure Periods
(a)—(e) (text unchanged)
(f) Carroll County:
(i)—(viii) (text unchanged)
(ix) Little Pipe Creek from Shepherds Mill Road downstream to the Maryland Route 75 bridge	0
(g)—(n) (text unchanged)

C.—D. (text unchanged)

E. Areas Limited to Fishing by Persons Younger than 16 Years Old, Persons 65 Years Old or Older, and Blind Persons.

(1) (text unchanged)

(2) Areas subject to provisions of this section:

[(a) Jones Falls, Baltimore County. That portion of Jones Falls and tributaries above Stevenson Road to their source.]

[(b)] (a)—[(e)] (d) (text unchanged)

F. (text unchanged)

G. Delayed Harvest Trout Fishing Areas and Requirements.

(1) Group I Delayed Harvest Trout Fishing Areas and Restrictions.

(a) Group I Fishing Areas.

(i) (text unchanged)

(ii) Catoctin Creek (Frederick County) [within the boundaries of Catoctin Creek Park] from the southernmost boundary of Catoctin Creek Park upstream to 200 feet north of the Sumantown Road Bridge.

(iii)—(v) (text unchanged)

(b)—(c) (text unchanged)

(2) (text unchanged)

H. (text unchanged)

I. Youth Trout Fishing Day.

(1) Youth trout fishing day is the Saturday before the last Saturday in March in areas designated as Closure 1 or Closure 2 in §B of this regulation.

(2) Fishing Hours. The fishing hours on youth trout fishing day are from 6:30 a.m. to 10 p.m.

(3) Fishing in the areas during the date and times described in this section is limited to individuals younger than 16 years old.

(4) Creel and Possession Limits.

(a) Brook trout — Daily: 0, Possession: 0.

(b) All other species of trout in aggregate — Daily: 2, Possession: 2.

JOSH KURTZ
Secretary of Natural Resources

Subtitle 02 FISHERIES SERVICE

08.02.11 Fishing in Nontidal Waters

Authority: Natural Resources Article, §§4-219, 4-602, 4-603, and 4-616, Annotated Code of Maryland

Notice of Proposed Action

[23-036-P]

The Secretary of Natural Resources proposes to adopt new Regulation .02 and amend Regulation .04 under COMAR 08.02.11 Fishing in Nontidal Waters.

Statement of Purpose

The purpose of this action is to amend Regulation .04 and adopt new Regulation .02 under COMAR 08.02.11 Fishing in Nontidal Waters.

The proposed action would legalize the use of cut bait in nontidal waters Statewide with the following restrictions: 1) Only fish with no minimum size restrictions can be used as cut bait; and 2) An angler may possess no more than one quart of cut bait at any time.

The proposed action would create definitions for creel limit, possession limit, and bait fish in nontidal waters. Some individuals have expressed confusion with regard to the differences between the creel limit and possession limit for certain species, and what that means for possession while fishing. There have also been questions about what species constitute bait fish. The Department would like to clarify by defining 1) “daily creel limit” as the total number of a species of fish that can be in an individual's possession while afield or on the water between 12:01 a.m. and midnight; 2) “possession limit” as the total number of a particular species, including the daily creel limit and any previously caught fish, that an individual may possess or control in any location; and 3) “bait fish” as any species of fish which are legally permitted to be put on a hook for the purpose of catching a fish which do not otherwise have a catch or possession limit. The total number of bait fish, in aggregate, while afield or on the water must not exceed 35 per individual.

The proposed action would legalize the use of cut bait in nontidal waters. Although cut bait is widely used and accepted as a method of catching catfish, current regulations prohibit its use in nontidal waters. The proposed action would allow the use of cut bait so catfish anglers may more effectively target both noninvasive and invasive catfish species and help the Department achieve its management objectives.

The proposed action would only allow the use of cut bait for species with no minimum size. Permitting an angler to possess up to one quart of cut bait allows a reasonable amount of bait to be prepared ahead of time, but does not allow an angler to possess a large quantity of fish potentially unidentifiable by law enforcement. An angler would still be able to possess whole fish that they intend to use as cut bait within any of the established limit as long as they do not exceed the one quart of cut fish limit at any time.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Fishing in Nontidal Waters Regulations, Regulatory Staff, Department of Natural Resources, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or complete the comment form at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx. Comments will be accepted through May 22, 2023. A public hearing has not been scheduled.

.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Daily creel limit” means the total number of a species of fish that can be in an individual's possession while afield or on the water between 12:01 a.m. and midnight.

(2) “Possession limit” means the total number of a particular species, including the daily creel limit and any previously caught fish, that an individual may possess or control in any location.

.04 Statewide General Regulations.

A.—H. (text unchanged)

I. Bait.

(1) Term Defined. In this regulation, the term “bait fish” means any species of fish which does not otherwise have a catch or possession limit and which is legally permitted to be put on a hook for the purpose of catching fish.

[(1)] (2)—[(2)] (3) (text unchanged)

J. Possession of Fish Whose Physical Condition Has Been Altered.

(1) While at the fishing location, a person may not remove the head and tail of [fish in possession.] any:

(a) Fish for which there is a minimum size; or

(b) Trout.

(2) The head and tail of any fish for which there is a minimum size or trout shall remain attached in such a manner as to permit identification of fish species and total length.

(3) An individual may not have in possession at a fishing location more than 1 quart of fish which have been cut into pieces.

[(3)] (4) (text unchanged)

K.—P. (text unchanged)

JOSH KURTZ
Secretary of Natural Resources

Subtitle 02 FISHERIES SERVICE

08.02.13 Fishing Licenses—Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure

Authority: Natural Resources Article, §§4-220 and 4-701, Annotated Code of Maryland

Notice of Proposed Action

[23-056-P]

The Secretary of Natural Resources proposes to amend Regulations, .03, .05, and .10 under COMAR 08.02.13 Fishing Licenses ― Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure.

Statement of Purpose

The purpose of this action is to update the commercial, recreational, and seafood dealer license suspension and revocation schedules. This update will deter potential violators from committing illegal acts, protect the State’s fisheries resources, and update certain references to statutes and regulations. Before considering changes or updates to the penalty regulations under COMAR 08.02.13, the Department consults with the Joint Penalty Workgroup of the Tidal and Sport Fisheries Advisory Commissions. The workgroup supported making these proposed changes.

For the recreational updates, the Department is proposing to add penalties for shark handling violations, cobia size and creel limit violations, possession of a fish with the head and tail removed while fishing in nontidal waters, methods of take for black bass in nontidal waters, brook trout violations, violations in trout catch-and-release areas, culling of trout, and spot catch limit violations.

The Department has seen an increase in land-based shark fishing in certain areas. This activity is legal but comes with several requirements for the safe handling of sharks to ensure their maximum survivability after being caught. This action proposes a 90-day suspension for a second or subsequent offense of these rules. The workgroup recommended suspending only for a second or subsequent violation to prioritize educating offenders first. The recreational penalty system will also be revised by the addition of recreational suspensions for certain cobia violations. This is necessary due to their increased presence in Maryland waters. The suspension levels being proposed for cobia are similar to the suspension levels for red drum, another highly regulated yet generally less common type of fish in the Maryland portion of the Chesapeake Bay and its tidal tributaries.

The action also proposes to adopt a 180-day suspension for the possession of fish with head or tail removed while fishing in nontidal waters. Anglers are not allowed to remove the head or tail from a fish while fishing in nontidal waters because it is important to ensure that fish with size limits are of legal size. Adding a suspension for this type of violation will help to ensure better compliance with current size limits. The action also proposes a 180-day suspension for a violation of the statutory provision prohibiting the catching of black bass by means other than angling (hook and line) in nontidal waters. The Department also has a regulation prohibiting the shooting of black bass with projectile gears which is currently covered by the penalty schedule. If the offense were charged as a violation of the gear regulation, it would potentially result in either a 180-day suspension or a 1-year suspension. This action would add the statutory violation to the penalty schedule. The workgroup recommended adding the statutory violation at the lower of the two possible penalties.

The three trout violations added to the penalty schedule will result in greater parity in administrative penalties being levied on violations. Brook trout regulations changed recently to extend protections for brook trout to much of the State’s nontidal waters. Currently, the only brook trout-specific suspension related to a previous special management area. This change will extend that same penalty to all of the new areas which are being managed in the same way as that previous special management area. Violations in delayed harvest areas currently result in a 1-year suspension, while there is no current administrative penalty for violations in catch-and-release areas. This action will create an identical punishment for similar violations in the two areas. The Department currently has rules regarding culling two species: striped bass and trout. A striped bass culling violation now results in a 1-year suspension; this action will add an identical penalty for culling trout.

Lastly for the recreational changes, regulations were adopted for spot in 2021 which established a recreational catch limit. The proposed levels of suspension mirror the levels set for exceeding the catch limit for croaker, another common small fish in the Chesapeake Bay and its tidal tributaries.

For the commercial updates, the Department is proposing to add administrative penalties for possession of undersized conch, the use of an unattended drift gill net, lying on a commercial license application, and failing to obtain a bait harvester permit.

The Department has statutory authority to suspend or revoke an individual's tidal fish license and their entitlement to engage in commercial fishing activities for any violation recommended by the penalty workgroup and for a small number of specific violations described in the statute. The recommendations of the penalty workgroup are reflected in the penalty schedule in regulation. The Department recently encountered the issue of nonresidents lying on their commercial fishing license application, presenting themselves as residents in order to obtain commercial oyster and clam harvester licenses illegally. In order to be as transparent as possible, the Department and the workgroup decided to propose adding the penalty for the offense to the schedule in regulation, even though the Department has the authority to suspend or revoke without doing so. Setting the penalty at 35 points, which results in the revocation of the license and the individual's entitlement to engage in commercial fishing activities, will ensure that individuals convicted of illegally obtaining a license will not be able to participate in that fishery in the future.

Adding an unattended gill net violation in the Chesapeake Bay and its tidal tributaries as a 5-point violation will help to ensure greater compliance with the attendance requirements for gill nets. Because the addition of 5 points on a licensee's record does not result in an immediate suspension, it essentially will act as an enhancement to the penalty for other violations committed and provide an incentive to avoid further illegal behavior during the time period the points are on the individual's license record.

Lastly for the commercial updates, both the bait harvester permit and undersized conch additions were oversights from previous iterations of the commercial penalty schedule. A bait harvester permit is required for an individual to commercially harvest bait fish if they are not otherwise commercially licensed. Because it allows commercial harvest, failure to obtain that permit prior to engaging in the activity should be treated the same as any other failure to obtain a commercial authorization. All other failures to obtain a commercial authorization prior to engaging in the commercial activity result in 30 points being placed on the individual’s commercial licensing record, which is why the Department is adding failing to obtain the bait harvester permit prior to harvesting bait at that level. For conch, the Department wants to ensure that significant violations of the conch size limit have some administrative consequence. Maryland already has the most restrictive conch size limit among its neighboring states and assigning points to a commercial harvester’s licensing record for these types of violations will ensure that repeat violators will be suspended.

For the seafood dealer update, buy tickets are an important component of how the Shellfish Division manages oysters. Buy tickets provide a measure of harvest accountability, as well as ensuring that the required taxes are being paid. Those taxes are used for oyster replenishment activities, which help to ensure a viable fishery into the future. If buy tickets are not filled out when oysters are sold, those taxes are not being paid and the fishery is short-changed of needed funds. Additionally, buy ticket information is used by the Shellfish Division in the oyster stock assessment. Because there are times where a dealer may lose paperwork or mistakenly forget to fill out the necessary forms, the penalty workgroup recommended that a first offense only be subject to a fine in District Court, while a second or subsequent offense would result in the suspension of that seafood dealer.

This action updates all references to regulations that have been removed or amended. This action also updates and standardizes certain references to the Annotated Code of Maryland and the Code of Maryland Regulations.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action may have an economic impact on suspended or revoked licensees, but the extent of the impact is indeterminable.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:	NONE
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:
Licensees	(-)	Indeterminable
E. On other industries or trade groups:	NONE
F. Direct and indirect effects on public:	NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

D. The proposed action may have a negative impact on licensees who are suspended or have their licenses revoked based on committing one of the listed offenses. However, it is not possible to determine the number of individuals who may violate the listed laws, nor is it possible to determine to what extent the suspension or revocation would economically impact the individual or individuals.

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small businesses. An analysis of this economic impact follows:

The proposed regulation may have a meaningful economic impact on small businesses which violate the law and are therefore suspended or revoked from their commercial fishing activities. It is not possible to predict how many businesses will violate the law and therefore receive suspensions or revocations, or to what extent such suspension or revocation would economically impact those businesses. The proposed action may have a meaningful positive economic impact on small businesses which do not violate the law as well, by allowing for more harvest by law-abiding licensees. It is not possible to predict how many businesses will violate the law and therefore receive suspensions or revocations, or to what extent such suspension or revocation would economically benefit the remaining law-abiding businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Fishing License Penalty Regulations, Regulatory Staff, Department of Natural Resources, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or complete the comment form at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#penalty. Comments will be accepted through May 22, 2023. A public hearing has not been scheduled.

.03 Point Assignment Schedule.

A.— B. (text unchanged)

C. Tier I. The following violations are Tier I violations. A person who receives a conviction for a Tier I violation receives 5 points.

	Statute or Regulation	Description
1—70	(text unchanged)
71	COMAR 08.02.05.02	Use of Unattended Drift Gill Net in the Chesapeake Bay or Its Tidal Tributaries
72	COMAR 08.02.08.14	Possessing Undersized Conch: 10% of the catch or more

D.—G. (text unchanged)

H. Tier VI. The following violations are Tier VI violations. A person who receives a conviction for a Tier VI violation receives 30 points.

	Statute or Regulation	Description
1	(text unchanged)
2	Natural Resources Article, Title 4, COMAR 08.02.02.01, 08.02.02.09, 08.02.03.03, 08.02.04.05, 08.02.05.03, 08.02.05.08, 08.02.08.03, 08.02.15.05, 08.02.18.03, 08.02.18.04, 08.02.18.05, 08.02.18.06, 08.02.20.02	Operating Without a Required Commercial Fishing License or Authorization
3—15	(text unchanged)

I. Tier VII. The following violations are Tier VII violations. A person who receives a conviction for a Tier VII violation receives 35 points.

	Statute or Regulation	Description
1—3	(text unchanged)
4	4-701	Making Any False Statement in an Application for a Tidal Fish License
[4] 5	(text unchanged)

J.—K. (text unchanged)

.05 Recreational Fishing Suspension and Revocation.

A.—C. (text unchanged)

D. A person who receives one of the following violations may be suspended for up to 90 days.

	Statute or Regulation	Description
(1)—(12)	(text unchanged)
(13)	COMAR 08.02.03.10, COMAR 08.02.03.14	Crabs — Daily Catch Limit
(14)	(text unchanged)
(15)	COMAR 08.02.03.12B(2), COMAR 08.02.03.14	Crabs — Daily Catch Limit — Worcester County
(16)	(text unchanged)
(17)	COMAR 08.02.05.03	Daily Catch Limits — Spot: 4—6 fish over daily catch limit
[(17)] (18)—[(34)] (35)	(text unchanged)
(36)	COMAR 08.02.05.17	Daily Size Limits — Cobia: 2 fish
(37)	COMAR 08.02.05.17	Catch Limit — Cobia: 2 fish over catch limit
[(35)] (38)—[(61)] (64)	(text unchanged)
(65)	COMAR 08.02.22.03	Shark Handling Violation (Second or Subsequent Offense)
[(62)] (66)—[(63)] (67)	(text unchanged)

E. A person who receives one of the following violations may be suspended for up to 180 days.

	Statute or Regulation	Description
(1)—(9)	(text unchanged)
(10)	COMAR 08.02.05.03	Daily Catch Limits — Spot: 7—10 fish over daily catch limit
[(10)] (11)—[(43)] (44)	(text unchanged)
[(44)] (45)	[COMAR 08.02.11.01H] COMAR 08.02.11.01	[Creel Limit Violations in Zero Creel Limit for Brook Trout Fishing Areas] Illegal Possession of Brook Trout
[(45)] (46)	COMAR 08.02.11.01, COMAR 08.02.11.04A(1), COMAR 08.02.11.06	Season Violations — Nontidal Waters
[(46)] (47)	COMAR 08.02.11.01, COMAR 08.02.11.04A(2), COMAR 08.02.11.06	Exceeding Daily Catch or Possession Limits — Nontidal
(48)	COMAR 08.02.11.04	Possession of Fish with Head and Tail Removed While Fishing in Nontidal Waters
[(47)] (49)—[(62)] (64)	(text unchanged)
(65)	4-617	Catching Black Bass by Means Other than Angling (Hook and Line) in Nontidal Waters

F. A person who receives one of the following violations may be suspended for up to 1 year.

	Statute or Regulation	Description
(1)—(3)	(text unchanged)
(4)	Natural Resources Article, Title 4, COMAR 08.02.02.01, 08.02.02.09, 08.02.03.03, 08.02.04.05, 08.02.05.03, 08.02.05.08, 08.02.08.03, 08.02.15.05, 08.02.18.03, 08.02.18.04, 08.02.18.05, 08.02.18.06, 08.02.20.02	Operating Without a Required Commercial Fishing License or Authorization
(5)—(36)	(text unchanged)
(37)	COMAR 08.02.05.17	Daily Size Limits — Cobia: 3 or more fish
(38)	COMAR 08.02.05.17	Catch Limit — Cobia: 3 or more fish over catch limit
[(37)] (39)—[(74)] (76)	(text unchanged)
(77)	COMAR 08.02.11.01	Possession of Trout in Catch-and-Release Area
[(75)] (78)—[(76)] (79)	(text unchanged)
(80)	COMAR 08.02.11.04L	Culling Trout
[(77)] (81)—[(108)] (112)	(text unchanged)

G.—N. (text unchanged)

.10 Seafood Dealer Penalties.

A.—E. (text unchanged)

F. Tier II. The following violations are Tier II violations. A person who receives a conviction for a Tier II violation receives 10 points and a 30-day suspension.

	Statute or Regulation	Description
(1)—(2)	(text unchanged)
(3)	COMAR 08.02.04.16	Failure of Oyster Buyer to Fill Out Buy Ticket — Second or Subsequent Offense
[(3)] (4)—[(4)] (5)	(text unchanged)

G.—L. (text unchanged)

JOSH KURTZ
Secretary of Natural Resources

Subtitle 02 FISHERIES SERVICE

08.02.20 Bait

Authority: Natural Resources Article, §§4-219 and 4-602, Annotated Code of Maryland

Notice of Proposed Action

[23-035-P]

The Secretary of Natural Resources proposes to amend Regulation .01 and adopt new Regulation .03 under COMAR 08.02.20 Bait.

Statement of Purpose

The purpose of this action is to prohibit the use of largemouth bass, muskellunge, northern pike, pickerel, smallmouth bass, striped bass, striped bass hybrids, tiger muskellunge, walleye, and all species of trout as bait.

The proposed restrictions on species which may not be used as bait are necessary in part because large, piscivorous, invasive flathead catfish (Pylodictis olivaris) have become established in the nontidal waters of the Potomac and Susquehanna Rivers. Because of their large size and fighting ability, flathead catfish have become popular with the catfishing tournament community. The largest specimens are typically caught using large, live fish as bait. Some anglers have begun using large and smallmouth bass as bait. Current regulations allow the use of largemouth and smallmouth bass and all other sportfish as bait as long as they are caught using legal gear and within the size and creel limits established for that species.

Additionally, Maryland spends considerable resources to protect and enhance largemouth bass, muskellunge, northern pike, pickerel, smallmouth bass, striped bass, striped bass hybrids, tiger muskellunge, trout, and walleye, as well as control invasive species such as flathead catfish. Annually, significant financial investments are made by the Department by 1) monitoring and assessing sportfish populations to determine status and trends to identify needed management actions, 2) conducting all aspects of successful fish production in our warmwater and coldwater hatchery facilities, and 3) safely stocking the various species produced in waters throughout the State. Allowing intensively managed sportfish species to be used as bait is counter to the Department’s goals and objectives of enhancing recreational fisheries and creates conflict among our angling groups.

Estimate of Economic Impact

I. Summary of Economic Impact. This action may have an indeterminable impact on fishermen who currently use a species for bait which will be prohibited under this action, or dealers who sell those species for bait.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:	NONE
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:	NONE
E. On other industries or trade groups:
(1) Dealers of nonprohibited species	(+)	Indeterminable
(2) Dealers of prohibited species	(-)	Indeterminable
F. Direct and indirect effects on public:
(1) Recreational anglers — use of bait	(-)	Indeterminable
(2) Recreational anglers — fish availability	(+)	Indeterminable

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

E(1). Bait dealers who sell nonprohibited species may see an indeterminable positive impact from this action. If anglers still seek live bait and cannot purchase any of the prohibited species for bait, they may seek legal alternatives. Dealers who sell those legal alternatives would benefit.

(2). Dealers who sell species which will be prohibited as bait may see a minor, indeterminable impact if those species are prohibited as bait. It is not believed that there are significant numbers of these fish being sold as bait, but anecdotally there is some amount of these species currently being sold as bait.

F(1). Recreational anglers who currently use a species as bait which will be prohibited by this action will need to find alternative baits. This may result in a negative impact because an alternative bait may be more expensive. It is also possible an alternative bait is not more expensive, but the actual impact of this action on individuals who purchase these species for bait is indeterminable. Individuals who currently use fish they have caught themselves as bait may be negatively impacted if they can no longer use those species as bait, as they will have to either target different species or purchase bait.

(2). By prohibiting certain species as bait there may be less harvest of those species most recreational anglers see as desirable target species such as largemouth and smallmouth bass. Less harvest of those species may increase availability, leading to greater angler satisfaction. Smallmouth and largemouth bass fishing trips generate an estimated economic impact of 150 million dollars per year in the Sate of Maryland.

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small businesses. An analysis of this economic impact follows:

This action may have an indeterminable impact on fishermen who currently use a species for bait which will be prohibited under this action, or dealers who sell those species for bait.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Bait Regulations, Regulatory Staff, Department of Natural Resources, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or complete the comment form at https://dnr.maryland.gov/fisheries/Pages/regulations/changes.aspx#bait. Comments will be accepted through May 22, 2023. A public hearing has not been scheduled.

.01 Purpose.

The purpose of this chapter is to control the use of bait in State waters and implement Natural Resources Article, §4-702, Annotated Code of Maryland, which requires licensure of persons dealing in finfish or shellfish and provides an exception for those persons who catch and sell certain species of finfish or shellfish as bait.

.03 Prohibited Species.

A. The species listed in this regulation may not be used as bait in State waters.

B. Prohibited species:

(1) Largemouth bass;

(2) Muskellunge;

(3) Northern pike;

(4) Pickerel;

(5) Smallmouth bass;

(6) Striped bass;

(7) Striped bass hybrids;

(8) Tiger muskellunge;

(9) All species of trout; and

(10) Walleye.

JOSH KURTZ
Secretary of Natural Resources

Subtitle 04 BOATING

08.04.07 Boating Accidents

Authority: Natural Resources Article, §§8-704[and], 8-712, and 8-724, Annotated Code of Maryland

Notice of Proposed Action

[23-060-P]

The Secretary of Natural Resources proposes to amend Regulation .01 under COMAR 08.04.07 Boating Accidents.

Statement of Purpose

The purpose of this action is to amend Regulation .01 under COMAR 08.04.07 Boating Accidents. The action will align the Code of Maryland Regulations (COMAR) with current United States Coast Guard reporting requirements and the Maryland Annotated Code. Currently, the Code of Federal Regulations (CFR), COMAR, and the Maryland Annotated Code all have language which requires submission of a written accident report in the event of an accident which exceeds a certain damage amount. Currently, there is a $200 damage threshold requirement under COMAR 08.04.07.01 Report of Boating Accidents. However, the United States Coast Guard under 33 CFR §173.55(a)(3) and the Maryland Annotated Code under Natural Resources Article, §8–724, have a $2,000 damage threshold amount requirement. This action will update the damage threshold in COMAR to reflect the higher amount.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Housekeeping – Boating Accident Regulations, Regulatory Staff, Fishing and Boating Services, Department of Natural Resources, 580 Taylor Avenue, E-4,
Annapolis, MD 21401, or call 410-260-8300, or email to boatingregspubliccomment.dnr@maryland.gov. Comments will be accepted through May 22, 2023. A public hearing has not been scheduled.

.01 Report of Boating Accidents.

A. — B. (text unchanged)

C. The operator shall submit a written report if any one or more of the following occurs on board, or involving any vessel, except a vessel required to have a certificate of inspection under Chapter 1 of Title 46, Code of Federal Regulations.

(1) — (3) (text unchanged)

(4) The loss or damage to property of any kind, including one or more vessels, in an amount of [$200] $2,000 or more.

D — F. (text unchanged)

JOSH KURTZ
Secretary of Natural Resources

Title 13A
STATE BOARD OF EDUCATION

Subtitle 06 SUPPORTING PROGRAMS

13A.06.07 Student Transportation

Authority: Education Article, §§2-205, [5-205] 5-218, and 8-410, Annotated Code of Maryland

Notice of Proposed Action

[23-025-P]

The Maryland State Board of Education proposes to amend Regulations .06—.08, .11, .12, .18, and .19 under COMAR 13A.06.07 Student Transportation. This action was considered by the State Board of Education at its January 24, 2023, meeting.

Statement of Purpose

The purpose of this action is to remove the requirements of being identified as an alcoholic or drug addict, successfully participating in 6 months of treatment, and being free of drugs or alcohol for 10 years. In place of these, the proposed requirement would be to follow a substance abuse professional’s treatment or education recommendations. The amendments also correct cross-reference errors.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Gabriel Rose, State Director of Pupil Transportation, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0209, or email to gabriel.rose1@maryland.gov. Comments will be accepted through May 22, 2023. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on June 27, 2023, at 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

.06 School Vehicle Driver Trainee and School Vehicle Driver Qualifications.

A. School Vehicle Driver Trainee Qualifications. Before a school vehicle driver trainee transports a student in a school vehicle, the trainee shall:

(1)—(2) (text unchanged)

(3) Complete the preservice instruction required under Regulation [.09A] .10A of this chapter;

(4)—(6) (text unchanged)

(7) Receive a negative controlled substances test result required under Regulation [.10] .11 of this chapter.

B. School Vehicle Driver Qualifications. A school vehicle driver shall:

(1) Do the following:

(a) (text unchanged)

(b) Complete the in-service instruction required under Regulation [.09B] .10B of this chapter;

(2)—(3) (text unchanged)

C. (text unchanged)

.07 School Vehicle Driver and Trainee Disqualifying Conditions and Termination.

A.—B. (text unchanged)

C. Disqualification for Criminal Conduct.

(1)—(3) (text unchanged)

(4) A school vehicle driver or trainee who engages in conduct prohibited under Regulation [.10B(2)] .11B(2) of this chapter is disqualified from operating a school vehicle in Maryland, except as provided under Regulation [.10D] .11D of this chapter.

D.—F. (text unchanged)

.08 School Vehicle Attendant Qualifications and Disqualifications.

A. A school vehicle attendant shall:

(1) Complete the preservice instruction under Regulation [.09D(1)] .10D(1) of this chapter;

(2)—(3) (text unchanged)

(4) Complete the prescribed in-service instruction every 12 months under Regulation [.09D(2)] .10D(2) of this chapter.

B. —D. (text unchanged)

.11 Alcohol and Controlled Substances Use and Testing.

A.—C. (text unchanged)

D. Return to Service of Disqualified Drivers.

(1) An individual who has been disqualified from driving a school vehicle in Maryland under §B of this regulation may not be considered for service as a school vehicle driver in any local school system unless the individual submits to the local supervisor of transportation a statement signed by a substance abuse professional certifying under oath that the individual has[:] successfully completed the substance abuse professional’s education program, treatment recommendations, or both.

[(a) Been determined, by the substance abuse professional, to be a recovering alcoholic or drug addict;

(b) Successfully participated in a controlled substances or alcohol abuse treatment program of at least 6 months duration prescribed by the substance abuse professional, and has not tested positive for alcohol or controlled substances, as applicable, at any time during the rehabilitation program; and

(c) Been free of alcohol or controlled substances for at least 10 years, including the 6-month period when the individual participated in a rehabilitation program.]

(2)—(4) (text unchanged)

E.—F. (text unchanged)

.12 General Standards.

A.—B. (text unchanged)

C. Vehicles other than Type I or Type II school vehicles and MFSAB vehicles may be used to transport students to and from school if:

(1) (text unchanged)

(2) Only one student is transported; [or]

(3) The vehicle used is a commercial motor coach[.]; or

(4) (text unchanged)

D.—M. (text unchanged)

.18 Taxicab Drivers Transporting Students with Disabilities.

A. Taxicab drivers involved in transporting students with disabilities to nonpublic special education facilities shall:

(1)—(3) (text unchanged)

(4) Receive a negative controlled substances test result as required under Regulation [.10] .11 of this chapter;

(5)—(6) (text unchanged)

B.—C. (text unchanged)

.19 Transportation Grant for Increased Ridership of Students with Disabilities.

A. Grants for the transportation of students with disabilities in the amount specified in Education Article, [§5-205] §5-218, Annotated Code of Maryland, shall be distributed on a bimonthly basis.

B. (text unchanged)

MOHAMMED CHOUDHURY
State Superintendent of Schools

Title 14
INDEPENDENT AGENCIES

Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY

14.22.02 Criminal Offenses and Seriousness Categories

Authority: Criminal Procedure Article, §6-211, Annotated Code of Maryland.

Notice of Proposed Action

[23-041-P]

The Maryland State Commission on Criminal Sentencing Policy proposes to amend Regulation .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories.

Statement of Purpose

The purpose of this action is to modify Regulation .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories to include the classification of one new cannabis cultivation offense enacted by Ch. 26 (H.B. 837), Acts of 2022.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to David Soule, Executive Director, Maryland State Commission on Criminal Sentencing Policy, 4511 Knox Rd., Suite 309, College Park, MD 20740, or call 301-403-2707, or email to dsoule@umd.edu. Comments will be accepted through May 22, 2023. A public hearing has not been scheduled.

.02 Seriousness Categories.

	Offense Literal	CJIS Code	Source	Felony or Misd.	Max Term	Min Term	Offense Type	Ser. Category	Fine
1—59 (text unchanged)
60 [Vacant]	CDS and Paraphernalia Cannabis cultivation in violation of requirements provided in CR, §5-601.2	1-1734	CR, §5-601.2	Misd.	3Y		Drug	V	$5,000
61—421 (text unchanged)

Footnotes (text unchanged)

General Rules: (text unchanged)

DAVID SOULE
Executive Director

Subtitle 35 MARYLAND HEALTH BENEFIT EXCHANGE

14.35.10 Appeals from Determinations Regarding Producer Authorization or Individual Exchange Navigator Certification

Authority: Insurance Article, §§31-106(c)(1)(iv), 31-112, and 31-113; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

Notice of Proposed Action

[23-039-P]

The Maryland Health Benefit Exchange proposes to amend Regulations .01—.05, repeal Regulations .06—.09 and .15, amend and recodify existing Regulations .10—.14 and .16 to be Regulations .06—.10 and .11, respectively, and adopt new Regulation .12 under COMAR 14.35.10 Appeals from Determinations Regarding Producer Authorization or Individual Exchange Navigator Certification. This action was considered at the regular session of the MHBE Board of Trustees on February 21, 2023.

Statement of Purpose

The purpose of this action is to amend the regulations regarding procedures for hearings by or for the Board of Trustees in order to be congruent with the relevant provisions of the Administrative Procedures Act (APA). Additionally, the Board decided to delegate hearing authority of the cases within this chapter to the Office of Administrative Hearings to issue final findings of fact, conclusions of law, and proposed orders. The regulations require updating to reflect the Board’s delegation.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Becca Lane, Senior Health Policy Analyst, Maryland Health Benefit Exchange, 750 E. Pratt St., 6th Floor, Baltimore, MD 21202, or call 410-547-7371, or email to becca.lane@maryland.gov. Comments will be accepted through May 22, 2023. A public hearing has not been scheduled.

.01 Scope.

A. [In General.] This chapter applies to contested case hearings[:

(1) Conducted by or on behalf of the Maryland Health Benefit Exchange; or

(2) Delegated] delegated by the Board to the Office in accordance with State Government Article, §10- 205(a)(1)(ii), Annotated Code of Maryland.

B. (text unchanged)

C. Determinations entitled to contested case appeals. This chapter applies only to the appeal of an Exchange determination regarding:

(1)—(8) (text unchanged)

(9) Renewal of captive producer authorization; and

(10) Denial of Individual Exchange initial navigator certification[; and

(11) The amount of State-based subsidy paid by the Exchange to carriers pursuant to COMAR 14.35.19].

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(6) (text unchanged)

(7) “Hearing officer” means the [Executive Director] Board or the [Executive Director's] Board’s authorized designee.

(8)—(10) (text unchanged)

.03 Request for Hearing—In General.

A. (text unchanged)

B. A person aggrieved may request a hearing by submitting a written statement to the [Board] Office, signed by the requesting person and containing the following information:

(1) The action or nonaction of the [Board] Exchange causing the person requesting the hearing to be aggrieved;

(2) The facts related to the incident or incidents about which the person requests the [Board] Exchange to act or not to act; and

(3) (text unchanged)

C. Request to Be Received Within 30 Calendar Days.

(1) The request shall be received by the [Board] Office within 30 days of the date of the letter notifying the party of the [Board's] Exchange’s action, intention to act, or failure to act.

(2) In calculating the 30-day period, the date of the letter notifying the party of the [Board's] Exchange’s action, intention to act, or failure to act is not included.

(3) (text unchanged)

(4) The last day of the 30-day period is included unless it is a Saturday, Sunday, legal holiday, or day that the [Maryland Health Benefit Exchange] Office of Administrative Hearings is closed for a part of the day.

(5) If the last day of the 30-day period is a Saturday, Sunday, legal holiday, or a day that the [Maryland Health Benefit Exchange] Office of Administrative Hearings is closed for a part of the day, the 30-day period runs until the end of the next day which is not a Saturday, Sunday, legal holiday, or day that the [Maryland Health Benefit Exchange] Office of Administrative Hearings is closed for a part of the day.

(6) Intermediate Saturdays, Sundays, legal holidays, and days that the [Maryland Health Benefit Exchange] Office of Administrative Hearings is closed for a part of the day shall be counted toward the 30-day period.

D. Upon receipt of a proper request, the [Board] Office shall grant a hearing unless, in viewing the facts set forth by the person making the request, in the light most favorable to that person, the [Board] Office determines that:

(1) The [Board] Office has no authority to take action;

[(2) The request is frivolous or made in bad faith;]

[(3)] (2)—[(5)] (4) (text unchanged)

.04 Delegation of Authority.

A. Scope. This regulation applies to all requests for a hearing permitted under Regulation .01C of this chapter.

[A. The Board may delegate to the Executive Director the authority to conduct a hearing or, on a case-by-case basis and in accordance with State Government Article, §10-205(a)(1)(ii), Annotated Code of Maryland, delegate the Office or a person not employed by the Office the authority to:]

B. In accordance with State Government Article, §10-205(a)(1)(ii), Annotated Code of Maryland, the Board delegates to the Office the authority to:

(1) (text unchanged)

(2) Issue:

[(a) Proposed or final findings of fact;

(b) Proposed or final conclusions of law;]

[(c)] (a) [Proposed or final] Final findings of fact and conclusions of law; [or] and

[(d)] (b) A proposed [or final] order.

[B.] C. (text unchanged)

[C.] D. Procedure for Revocation.

(1)—(5) (text unchanged)

(6) On revocation of the delegation, the Board shall:

(a) (text unchanged)

(b) Set the contested case for a hearing with the Board or the Board's designee acting as the hearing officer as permitted under State Government Article, §10-205(a)(1)(ii), Annotated Code of Maryland; or

(c) (text unchanged)

.05 Service of Notices, Decisions, Orders, and Other Documents.

A. The [Exchange] Office shall provide notice of a hearing, decisions, orders and other documents issued by the Office pursuant to State Government Article, [§10-208] §§10-208 and 10-209, Annotated Code of Maryland.

[B. Notices, decisions, orders, and other documents issued by the Exchange may be served on a person by:

(1) Personal delivery to the person;

(2) Mailing a copy of the document, first class, postage prepaid, to the person's address of record on file with the Exchange;

(3) Mailing a copy of the document, first class, postage prepaid, to the person's last known address if different from the person's address of record on file with the Exchange;

(4) Mailing a copy of the document by certified mail to the person's address of record on file with the Exchange or last known address; or

(5) Delivering or mailing a copy of the document, first class, postage prepaid, to the person's attorney, if the person is represented by counsel.

C. Notice of a hearing is sufficient if the initial notice of a hearing is sent by regular mail to a party at the party's business and resident addresses, as applicable, on file with the Exchange.]

[D.] B. (text unchanged)

[E. The Exchange shall maintain a record stating:

(1) To whom the initial notice was sent;

(2) The address to which the initial notice was sent;

(3) The date the initial notice was sent;

(4) The manner of service; and

(5) The name of the person who sent the initial notice.]

[.10] .06 Default Orders.

A. With respect to hearings conducted [by or] on behalf of the Exchange, a hearing officer may issue a proposed default order against a party other than the Exchange that, after receiving proper notice, fails to appear at a hearing if:

(1) Notice is issued by the [Board] Office, and the party failing to appear is the person against whom the notice was issued; or

(2) (text unchanged)

B. In a hearing arising out of a notice or determination issued by the Exchange, the proposed default order shall:

(1)—(3) (text unchanged)

C. The hearing officer shall serve the proposed default order directly on the parties by certified mail.

D. Within 15 calendar days after service of a proposed default order, the party in default may submit to the [hearing officer] Board a written motion:

(1) Requesting that the proposed default order be vacated or modified; and

(2) (text unchanged)

E. If the [hearing officer] Board finds that there is:

(1) Good cause to excuse the default, the [hearing officer] Board may:

(a)—(b) (text unchanged)

(2) [Not] No good cause to excuse the default, the Board shall:

(a) (text unchanged)

(b) Affirm the proposed default order as the final order.

[.11] .07 Administrative Decisions.

[A. Scope. This regulation applies to a contested case where an entity has been delegated authority to conduct a contested case hearing under Regulation .04 of this chapter.]

[B.] A. Contents. The hearing officer shall submit to the Board a decision that contains [whichever of the following was authorized in the Board’s delegation of authority to the entity for the case]:

[(1) Proposed or final findings of fact;

(2) Proposed or final conclusions of law;]

[(3)] (1) [Proposed or final] Final findings of fact and conclusions of law; [or] and

[(4)] (2) A proposed [or final] order.

[C.] B. Effect of Regulations, Bulletins, [Final Orders,] and Preexisting Policies. [Except as provided in Regulation .14H of this chapter, in] In making a decision, the [entity] Office is bound by any regulation, bulletin, final order, or settled and preexisting policy of the Board to the same extent that the Board is or would have been bound if the Board were hearing the case.

[D.] C. Distribution of Decision. The [entity] Office shall send its decision directly to the parties and the Board.

[.12] .08 Exceptions.

[A. Scope. This regulation applies to a contested case where the entity has been delegated authority under Regulation .04 of this chapter to issue proposed findings of fact, proposed conclusions of law, or a proposed order.]

[B.] A. On receipt of [a decision that contains proposed findings of fact, proposed conclusions of law, or] a proposed order, the parties affected have:

(1) 20 calendar days after receipt to request to present argument, file exceptions to the [proposed findings of fact, proposed conclusions of law, or] proposed order with the Board, or both of these; or

(2) 10 calendar days to:

(a)—(b) (text unchanged)

[C.] B. Receipt under [§B] §A of this regulation is presumed to occur 3 calendar days after the mailing of the [proposed findings of fact, proposed conclusions of law, or] proposed order.

[D.] C. Filing Exceptions After Receipt of Transcript.

(1) If a party requests a transcript under [§B(2)] §A(2) of this regulation, the party shall have 30 calendar days after the filing of the transcript to file a request to present argument, exceptions, or both of these with the Board.

(2) (text unchanged)

[E.] D. Exceptions shall be in writing unless specified otherwise by the [final decision maker] Board.

[F.] E. If a party elects not to offer argument or file exceptions, another party may not raise the defense of failure to exhaust this administrative remedy on appeal to circuit court.

F. If a party requests the opportunity to offer argument, the Board shall grant the request and allow the party to present argument to a majority of the Board.

G. The record before the Board for the exceptions shall consist of:

(1) The [entity's] Office’s findings and conclusions, including the findings of fact, conclusions of law, and proposed order;

(2)—(5) (text unchanged)

(6) Any documentary evidence admitted into evidence by the [entity] Office; and

(7) The transcript of the hearing before the [entity] Office, if requested and filed by one of the parties or the Board.

H. Transcripts.

(1)—(2) (text unchanged)

(3) If a transcript is prepared based on the [entity's] Office’s record of the testimony and a transcript is prepared based on a party's own record of the testimony, the transcript based on the [entity's] Office’s record of the testimony is:

(a)—(b) (text unchanged)

(4) If the transcript is not filed or otherwise made part of the record in the contested case, parties may not refer in their exceptions to any testimony before the [entity] Office not incorporated into the [entity's] Office’s findings and conclusions.

(5) (text unchanged)

[.13] .09 Final Order Following Proposed Decision.

[A. Scope. This regulation applies to a contested case where the entity has been delegated authority under Regulation .04 of this chapter to issue proposed findings of fact, proposed conclusions of law, or a proposed order.]

[B.] A. Issuance. After consideration of the [entity’s proposed findings of fact, proposed conclusions of law, or] Office’s proposed order, and any exceptions filed by the parties, the Board shall issue a final order or a remand order.

[C.] B. Effect of [Proposed Findings of Fact, Proposed Conclusions of Law, and] Proposed Order. In reviewing the [entity’s proposed findings of fact, proposed conclusions of law, or] Office’s proposed order, the Board is:

(1) (text unchanged)

(2) Not bound by any legal analysis, [proposed] conclusions of law, or proposed order.

[D.] C. Types of Action by the Board. The Board may affirm, reverse, or modify the [proposed] findings of fact that are supported by competent, material, and substantial evidence, [proposed] conclusions of law, or proposed order, or remand the case to the Office for further proceedings by setting forth, with particularity, the basis for the Board’s reversal, modification, or remand.

[E.] D.—[G.] F. (text unchanged)

[H.] G. Effect of Summary Affirmance.

(1) If the Board issues a final order that summarily affirms the proposed order of [an entity] the Office without discussing the facts and legal issues and without expressly adopting the [entity's] Office’s legal analysis and [proposed] conclusions of law, neither the final order nor the proposed order is precedent within the rule of stare decisis.

(2) Notwithstanding [§H(1)] §G(1) of this regulation, a final order of the Board that summarily affirms the proposed order of [an entity] the Office without discussing the facts and legal issues and without expressly adopting the [entity's] Office’s legal analysis and [proposed] conclusions of law may be cited and relied on in a proceeding before the Board, the [entity] Office, or a court:

(a)—(b) (text unchanged)

(3) If a party appeals from a final order of the Board that summarily affirms the proposed order of [an entity] the Office, in addition to filing the final order of the Board with the court in which the appeal is pending, the Board also shall file a copy of the proposed order of the [entity] Office.

[.14] .10 Decisions.

The [hearing officer] Board shall sign the final order [following a hearing. The final], and the order is effective when issued[,] unless a different date is specified in the decision. A copy of the final order shall be filed with the Exchange and served on all parties to the hearing.

[.16] .11 Mistake or Error in the Final Order.

The [Exchange or the entity delegated authority to conduct contested case hearings under Regulation .04 of this chapter] Board may correct an order if, upon review, the final order was issued as a result of fraud, mistake, or inadvertence or contains a clerical error.

.12 Judicial Review.

A party adversely affected by a final decision of the Board, or the entity delegated authority to make the final decision, may obtain judicial review of the decision as provided by law.

MICHELE EBERLE
Executive Director

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 03 INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS

31.03.02 Insurance Producers—Continuing Education Requirements

Authority: Insurance Article, §§2-109, 10-115, and 10-116, Annotated Code of Maryland

Notice of Proposed Action

[23-044-P]

The Insurance Commissioner proposes to amend Regulation .03 under COMAR 31.03.02 Insurance Producers—Continuing Education Requirements.

Statement of Purpose

The purpose of this action is to require licensed insurance producers who sell property and casualty insurance to obtain at least 2 hours of continuing education in flood insurance. The 2 hours of continuing education would not be in addition to the otherwise required continuing education classes; the total amount of continuing education coursework required would remain the same.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jessica Blackmon, Administrative Law Clerk, Maryland Insurance Administration, 200 St. Paul Place, Suite 2700, Baltimore, MD 21202, or call 410-468-2019, or email to insuranceregreview.mia@maryland.gov. Comments will be accepted through May 22, 2023. A public hearing has not been scheduled.

.03 General Continuing Education Requirements.

A.—E. (text unchanged)

F. A licensed insurance producer who possesses a license to sell property and casualty insurance and who sells flood insurance, homeowners insurance, or commercial property insurance shall obtain at least 2 hours of continuing education that directly relates to flood insurance as part of the required hours of continuing education.

KATHLEEN BIRRANE
Insurance Commissioner

Errata

COMAR 26.13.03.03-3D(2)(b)

For: (b) If the generator begins using an additional container for the accumulation of hazardous waste in the satellite accumulation area, contributing to the exceedance of the waste removal trigger, before the actions required by §D(2)(c) of this regulation are taken, the generator shall mark the container with the date identified in §D(2)(a) of this regulation.

Read: (b) If the generator begins using an additional container for the accumulation of hazardous waste in the satellite accumulation area, contributing to the exceedance of the waste removal trigger, before the actions required by §D(3) of this regulation are taken, the generator shall mark the container with the date identified in §D(2)(a) of this regulation.

[23-08-06]

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice.

SUMMARY: This notice lists Approvals by Rule for projects by the Susquehanna River Basin Commission during the period set forth in DATES.

DATES: March 1-31, 2023.

ADDRESSES: Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110-1788.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; e-mail: joyler@srbc.net. Regular mail inquiries may be sent to the above address.

SUPPLEMENTARY INFORMATION: This notice lists the projects, described below, receiving approval for the consumptive use of water pursuant to the Commission’s approval by rule process set forth in 18 C.F.R. §806.22 (e) and (f) for the time period specified above.

Water Source Approval — Issued Under 18 CFR 806.22(f):

Repsol Oil & Gas U.S.A., L.L.C.; Pad ID: DCNR 587 (02 015); ABR-201012012.R2; Ward Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: March 14, 2023.

Seneca Resources Company, L.L.C.; Pad ID: Crittenden 593; ABR-201012016.R2; Richmond Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: March 14, 2023.

Seneca Resources Company, L.L.C.; Pad ID: Hitesman 580; ABR-201012052.R2; Covington Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: March 14, 2023.

S.W.N. Production Company, L.L.C.; Pad ID: BOMAN PAD; ABR-201212011.R2; Jackson Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: March 14, 2023.

S.W.N. Production Company, L.L.C.; Pad ID: CONKLIN EAST; ABR-201212009.R2; New Milford Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: March 14, 2023.

S.W.N. Production Company, L.L.C.; Pad ID: SWEENEY PAD; ABR-201212005.R2; New Milford Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: March 14, 2023.

S.W.N. Production Company, L.L.C.; Pad ID: Swisher (Pad R); ABR-201212012.R2; Stevens Township, Bradford County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: March 14, 2023.

S.W.N. Production Company, L.L.C.; Pad ID: TINGLEY PAD; ABR-201212010.R2; New Milford Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: March 14, 2023.

Coterra Energy Inc.; Pad ID: ZickW P1; ABR-201212008.R2; Lenox Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: March 21, 2023.

Pennsylvania General Energy Company, L.L.C.; Pad ID: C.O.P. Tract 322 Pad A; ABR-201301004.R2; Cummings and McHenry Townships, Lycoming County, Pa.; Consumptive Use of Up to 3.5000 mgd; Approval Date: March 21, 2023.

Pennsylvania General Energy Company, L.L.C.; Pad ID: C.O.P. Tract 322 Pad B; ABR-201301005.R2; McHenry Township, Lycoming County, Pa.; Consumptive Use of Up to 3.5000 mgd; Approval Date: March 21, 2023.

Range Resources - Appalachia, L.L.C.; Pad ID: Ogontz Fishing Club #18H - #23H Drilling Pad; ABR-201011073.R2; Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: March 21, 2023.

Range Resources - Appalachia, L.L.C.; Pad ID: Ogontz Fishing Club #24H - #29H Drilling Pad; ABR-201011077.R2; Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: March 21, 2023.

Range Resources - Appalachia, L.L.C.; Pad ID: Ogontz Fishing Club #30H - #35H; ABR-201012043.R2; Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: March 21, 2023.

Range Resources - Appalachia, L.L.C.; Pad ID: Paulhamus, Frederick Unit #5H & #6H Drilling Pad; ABR-201011074.R2; Mifflin Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: March 21, 2023.

Seneca Resources Company, L.L.C.; Pad ID: Buckwalter 429; ABR-201012049.R2; Delmar Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: March 23, 2023.

Seneca Resources Company, L.L.C.; Pad ID: Stratton 885; ABR-201101008.R2; Farmington Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: March 23, 2023.

Chesapeake Appalachia, L.L.C.; Pad ID: Weisbrod; ABR-201011010.R2; Sheshequin Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: March 27, 2023.

Coterra Energy Inc.; Pad ID: MacDowallR P1; ABR-201201002.R2; Harford Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: March 27, 2023.

S.T.L. Resources, L.L.C.; Pad ID: Hillside Pad; ABR-20091233.R2; Gaines Township, Tioga County, Pa.; Consumptive Use of Up to 4.9900 mgd; Approval Date: March 27, 2023.
Seneca Resources Company, L.L.C.; Pad ID: Bielski 628; ABR-201101009.R2; Richmond Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: March 27, 2023.

Seneca Resources Company, L.L.C.; Pad ID: Violet Bieser Revoc Liv Tr 833; ABR-201101010.R2; Chatham Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: March 27, 2023.

S.W.N. Production Company, L.L.C.; Pad ID: WALKER WEST PAD 14; ABR-201301010.R2; Jackson Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: March 27, 2023.

Chesapeake Appalachia, L.L.C.; Pad ID: Castle A Drilling Pad #1; ABR-201202012.R2; Canton Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: March 28, 2023.

Chesapeake Appalachia, L.L.C.; Pad ID: SGL 12 M NORTH DRILLING PAD; ABR-201802002.R1; Leroy Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: March 28, 2023.

Coterra Energy Inc.; Pad ID: KropaT P1; ABR-201301017.R2; Springville Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: March 28, 2023.

EXCO Resources (P.A.), L.L.C.; Pad ID: Dale Bower East Unit Pad; ABR-201202009.R2; Penn Township, Lycoming County, Pa.; Consumptive Use of Up to 8.0000 mgd; Approval Date: March 28, 2023.

JKLM Energy, L.L.C.; Pad ID: Headwaters 146; ABR-201803006.R1; Ulysses Township, Potter County, Pa.; Consumptive Use of Up to 3.2000 mgd; Approval Date: March 28, 2023.

JKLM Energy, L.L.C.; Pad ID: Judson Hollow 302; ABR-201802003.R1; Pike Township, Potter County, Pa.; Consumptive Use of Up to 3.2000 mgd; Approval Date: March 28, 2023.

S.T.L. Resources, L.L.C.; Pad ID: Sturgis Pad; ABR-201802001.R1; Gallagher Township, Clinton County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: March 28, 2023.

Seneca Resources Company, L.L.C.; Pad ID: DCNR 100 Pad T; ABR-201301013.R2; Lewis Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: March 28, 2023.

Chesapeake Appalachia, L.L.C.; Pad ID: SGL 12 K UNIT PAD; ABR-201702004.R1; Leroy Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: March 31, 2023.

Chesapeake Appalachia, L.L.C.; Pad ID: Taylor Drilling Pad B; ABR-201703003.R1; Lenox Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: March 31, 2023.

Coterra Energy Inc.; Pad ID: LoffredoJ P1; ABR-201211017.R2; Nicholson Township, Wyoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: March 31, 2023.

Inflection Energy (P.A.) L.L.C.; Pad ID: Brass Well Site; ABR-201802004.R1; Upper Fairfield Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: March 31, 2023.

Range Resources - Appalachia, L.L.C.; Pad ID: Bobst A Unit 25H-27H; ABR-201202018.R2; Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: March 31, 2023.

Range Resources - Appalachia, L.L.C.; Pad ID: Goodwill Hunting Club Unit #4H-#9H Drilling Pad; ABR-201011054.R2; Lewis Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: March 31, 2023.

Seneca Resources Company, L.L.C.; Pad ID: Covington Pad M; ABR-201102031.R2; Covington Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: March 31, 2023.

S.W.N. Production Company, L.L.C.; Pad ID: FLICKS RUN EAST PAD; ABR-201302003.R2; Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: March 31, 2023.

AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 C.F.R. parts 806 and 808.

DATED: April 6, 2023.

JASON E. OYLER
General Counsel and Secretary to the Commission

[23-08-07]

SUSQUEHANNA RIVER BASIN COMMISSION

Public Hearing

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice.

SUMMARY: The Susquehanna River Basin Commission will hold a public hearing on May 4, 2023. The Commission will hold this hearing in person and telephonically. At this public hearing, the Commission will hear testimony on the projects listed in the Supplementary Information section of this notice. Such projects are intended to be scheduled for Commission action at its next business meeting, tentatively scheduled for June 15, 2023, which will be noticed separately. The public should note that this public hearing will be the only opportunity to offer oral comments to the Commission for the listed projects. The deadline for the submission of written comments is May 15, 2023.

DATES: The public hearing will convene on May 4, 2023, at 6:30 p.m. The public hearing will end at 9:00 p.m. or at the conclusion of public testimony, whichever is earlier. The deadline for submitting written comments is Monday, May 15, 2023.

ADDRESSES: This public hearing will be conducted in person and virtually. You may attend in person at Susquehanna River Basin Commission, 4423 N. Front St., Harrisburg, Pennsylvania, or join by telephone at Toll-Free Number 1-877-304-9269 and then enter the guest passcode 2619070 followed by #.

FOR FURTHER INFORMATION CONTACT: Jason Oyler, General Counsel and Secretary to the Commission, telephone: (717) 238-0423 or joyler@srbc.net.

Information concerning the project applications is available at the Commission’s Water Application and Approval Viewer at https://www.srbc.net/waav. Additional supporting documents are available to inspect and copy in accordance with the Commission’s Access to Records Policy at www.srbc.net/regulatory/policies-guidance/docs/access-to-records-policy-2009-02.pdf.

SUPPLEMENTARY INFORMATION: The public hearing will cover the following projects:

Projects Scheduled for Action:

Project Sponsor: Biglerville Borough Authority. Project Facility: Biglerville Borough Water Company, Biglerville Borough and Butler Township, Adams County, Pa. Application for renewal of groundwater withdrawal of up to 0.112 mgd (30-day average) from Well 7 (Docket No. 19930503).

Project Sponsor and Facility: Blackhill Energy LLC (Susquehanna River), Ulster Township, Bradford County, Pa. Application for surface water withdrawal of up to 3.024 mgd (peak day).

Project Sponsor and Facility: Chesapeake Appalachia, L.L.C. (Sugar Creek), North Towanda Township, Bradford County, Pa. Application for renewal of surface water withdrawal of up to 0.999 mgd (peak day) (Docket No. 20180602).

Project Sponsor and Facility: Chesapeake Appalachia, L.L.C. (Susquehanna River), Asylum Township, Bradford County, Pa. Application for surface water withdrawal of up to 3.000 mgd (peak day).

Project Sponsor: Coal Mountain Development and Recreation LLC. Project Facility: Eagles Ridge Golf Course, Ferguson Township, Clearfield County, Pa. Application for renewal of consumptive use of up to 0.099 mgd (30-day average) (Docket No. 20080613).

Project Sponsor and Facility: Dillsburg Area Authority, Carroll Township, York County, Pa. Application for renewal of groundwater withdrawal of up to 0.460 mgd (30-day average) from Well 7 (Docket No. 20070907).

Project Sponsor: Glenn O. Hawbaker, Inc. Project Facility: Naginey Facility (Naginey Quarry Processing Pond), Armagh Township, Mifflin County, Pa. Modification to increase groundwater withdrawal (30-day average) by an additional 0.425 mgd, for a total groundwater withdrawal of up to 0.725 mgd (Docket No. 20211204).

Project Sponsor: Hazleton City Authority. Project Facility: Delano Division, Mahanoy Township, Schuylkill County, Pa. Application for groundwater withdrawal of up to 0.275 mgd (30-day average) from Park Place Well 1.

Project Sponsor and Facility: Hillandale-Gettysburg, L.P., Tyrone Township, Adams County, Pa. Application for groundwater withdrawal of up to 0.050 mgd (30-day average) from Well 5.

Project Sponsor and Facility: LDG Innovation, LLC (Tioga River), Lawrenceville Borough, Tioga County, Pa. Application for renewal of surface water withdrawal of up to 0.750 mgd (peak day) (Docket No. 20180603).

Project Sponsor: Milton Hershey School. Project Facility: Spring Creek Golf Course, Derry Township, Dauphin County, Pa. Application for renewal of consumptive use of up to 0.081 mgd (peak day) (Docket No. 20080615).

Project Sponsor and Facility: Mountain Energy Services, Inc. (Tunkhannock Creek), Tunkhannock Township, Wyoming County, Pa. Application for renewal of surface water withdrawal of up to 1.498 mgd (peak day) (Docket No. 20180605).

Project Sponsor: New Enterprise Stone & Lime Co., Inc. Project Facility: Laflin Quarry, Plains Township, Luzerne County, Pa. Applications for consumptive use (peak day) of up to 0.040 mgd and groundwater withdrawals (30-day averages) of up to 0.110 mgd from Well 1, 0.132 mgd from Well 2, 0.484 mgd from Well 3, 0.110 mgd from Well 4, 0.209 mgd from Well 5, and 0.209 mgd from Well 6.

Project Sponsor and Facility: Nicholas Meat, LLC, Greene Township, Clinton County, Pa. Applications for groundwater withdrawals (30-day averages) of up to 0.288 mgd from Well WS-1, 0.173 mgd from Well WS-3, and 0.144 mgd from Well WS-4.

Project Sponsor and Facility: Northeast Marcellus Aqua Midstream I, LLC (Susquehanna River), Tunkhannock Township, Wyoming County, Pa. Application for renewal of surface water withdrawal of up to 5.000 mgd (peak day) (Docket No. 20200919).

Project Sponsor and Facility: Pennsylvania General Energy Company, L.L.C. (Pine Creek), Watson Township, Lycoming County, Pa. Application for renewal of surface water withdrawal of up to 0.918 mgd (peak day) (Docket No. 20180608).

Project Sponsor and Facility: Pilgrim’s Oak Golf Course (Peters Creek and Unnamed Tributary to Peters Creek), Drumore Township, Lancaster County, Pa. Applications for renewal of surface water withdrawal of up to 0.237 mgd (peak day) and consumptive use of up to 0.237 mgd (30-day average) (Docket No. 19980505).

Project Sponsor and Facility: Pro-Environmental, LLC (Martins Creek), Lathrop Township, Susquehanna County, Pa. Application for renewal of surface water withdrawal of up to 0.999 mgd (peak day) (Docket No. 20180609).

Project Sponsor and Facility: Repsol Oil & Gas USA, LLC (Fall Brook), Troy Township, Bradford County, Pa. Application for renewal of surface water withdrawal of up to 0.176 mgd (peak day) (Docket No. 20180610).

Project Sponsor and Facility: Repsol Oil & Gas USA, LLC (Unnamed Tributary to North Branch Sugar Creek), Columbia Township, Bradford County, Pa. Application for renewal of surface water withdrawal of up to 0.926 mgd (peak day) (Docket No. 20180611).

Project Sponsor and Facility: State College Borough Water Authority, Benner Township, Centre County, Pa. Applications for renewal of groundwater withdrawals (30-day averages) of up to 2.160 mgd from Well 62, 0.720 mgd from Well 63, 0.850 mgd from Well 64, and 0.720 mgd from Well 65 (Docket No. 19920102).

Project Sponsor and Facility: Sugar Hollow Water Services LLC (Bowman Creek), Eaton Township, Wyoming County, Pa. Application for renewal of surface water withdrawal of up to 0.249 mgd (peak day) (Docket No. 20180612).

Project Sponsor and Facility: Susquehanna Gas Field Services, LLC (Susquehanna River), Meshoppen Township, Wyoming County, Pa. Application for renewal of surface water withdrawal of up to 1.650 mgd (peak day) (Docket No. 20180614).

Project Sponsor and Facility: SWN Production Company, LLC (Cowanesque River), Deerfield Township, Tioga County, Pa. Application for surface water withdrawal of up to 1.500 mgd (peak day).

Project Sponsor and Facility: Titanium Metals Corporation (TIMET), Caernarvon Township, Berks County, Pa. Application for renewal of consumptive use of up to 0.177 mgd (30-day average) (Docket No. 20080616).

Project Sponsor and Facility: Town Big Flats, Chemung County, N.Y. Applications for renewal with an increase of groundwater withdrawals (30-day averages) of up to 0.577 mgd from WD 2-Well 1 and 0.365 mgd from WD 2-Well 2 (Docket No. 19910304).

Project Sponsor and Facility: Town of Erwin, Steuben County, N.Y. Application for groundwater withdrawal of up to 1.440 mgd (30-day average) from Well 7.

Commission-Initiated Project Approval Modification

Project Sponsor and Facility: Village of Oxford, Town of Oxford, Chenango County, N.Y. Conforming the grandfathered amount with the forthcoming determination for groundwater withdrawals (30-day averages) of up to 0.402 mgd from Well 1 and 0.099 mgd from Well 2 (Docket No. 20040601).

Opportunity to Appear and Comment:

Interested parties may call into the hearing to offer comments to the Commission on any business listed above required to be the subject of a public hearing. Given the nature of the meeting, the Commission strongly encourages those members of the public wishing to provide oral comments to pre-register with the Commission by e-mailing Jason Oyler at joyler@srbc.net before the hearing date. The presiding officer reserves the right to limit oral statements in the interest of time and to control the course of the hearing otherwise. Access to the hearing via telephone will begin at 6:15 p.m. Guidelines for the public hearing are posted on the Commission’s website, www.srbc.net, before the hearing for review. The presiding officer reserves the right to modify or supplement such guidelines at the hearing. Written comments on any business listed above required to be the subject of a public hearing may also be mailed to Mr. Jason Oyler, Secretary to the Commission, Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, Pa. 17110-1788, or submitted electronically through https://www.srbc.net/regulatory/public-comment/. Comments mailed or electronically submitted must be received by the Commission on or before Monday, May 15, 2023, to be considered.

AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808.

DATED: April 6, 2023.

JASON E. OYLER
General Counsel and Secretary to the Commission

[23-08-08]

SUSQUEHANNA RIVER BASIN COMMISSION

Grandfathering (GF) Registration Notice

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice.

SUMMARY: This notice lists Grandfathering Registration for projects by the Susquehanna River Basin Commission during the period set forth in DATES.

DATES: January 1-31, 2023.

ADDRESSES: Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110-1788.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; e-mail: joyler@srbc.net. Regular mail inquiries may be sent to the above address.

SUPPLEMENTARY INFORMATION: This notice lists GF Registration for projects described below, pursuant to 18 CFR Part 806, Subpart E, for the time period specified above:

Penn-View, Inc. – Wyncote Golf Club, GF Certificate No. GF-202303243, Lower Oxford Township, Chester County, Pa.; On-site Well; Issue Date: March 6, 2023.

Red Hill Farms, Inc., GF Certificate No. GF-202303244, Various Municipalities and Counties, Pa.; see Addendum; Issue Date: March 6, 2023.

Ski Roundtop Operating Corp – Roundtop Mountain Resort, GF Certificate No. GF-202303245, Warrington Township, York County, Pa.; Well 1; Issue Date: March 6, 2023.

Village of South Corning – Public Water Supply System, GF Certificate No. GF-202303246, Village of South Corning, Steuben County, N.Y.; Well 1; Issue Date: March 6, 2023.

Strasburg Lancaster County Borough Authority – Public Water Supply System, GF Certificate No. GF-202303247, Paradise and Strasburg Townships, Lancaster County, Pa.; combined withdrawal from the King Well and Rohrer Well; Issue Date: March 14, 2023.

Knouse Foods Cooperative, Inc. – Peach Glen Plant, GF Certificate No. GF-202303248, Tyrone and Huntingdon Townships, Adams County, and Dickinson Township, Cumberland County, Pa.; combined withdrawal from Wells 2, 4, 5, 7, 8, 9, 10, and 13 and Well 13; Issue Date: March 16, 2023.

AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.

DATED: April 7, 2023.

JASON E. OYLER
General Counsel and Secretary to the Commission

[23-08-09]

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Minor Modifications

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice.

SUMMARY: This notice lists the minor modifications approved for a previously approved project by the Susquehanna River Basin Commission during the period set forth in DATES.

DATES: March 1-31, 2023

ADDRESSES: Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110-1788.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312; fax (717) 238-2436; e-mail: joyler@srbc.net. Regular mail inquiries may be sent to the above address.

SUPPLEMENTARY INFORMATION: This notice lists previously approved projects, receiving approval of minor modifications, described below, pursuant to 18 CFR § 806.18 or to Commission Resolution Nos. 2013-11 and 2015-06 for the time period specified above.

East Cocalico Township Authority (Wells 3A, 5, 6, and 7), Docket No. 20230318, East Cocalico Township, Lancaster County, Pa.; modification to remove Well 4 from approved sources; Approval Date: March 17, 2023

AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.

DATED: April 7, 2023.

JASON E. OYLER
General Counsel and Secretary to the Commission

[23-08-10]

SUSQUEHANNA RIVER BASIN COMMISSION

Public Hearing

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice.

SUMMARY: The Susquehanna River Basin Commission is seeking public comment on a new proposed general permit, General Permit GP-02 Groundwater Withdrawals for Emergency Uses or Maintenance (GP-02). The proposed General Permit would approve the withdrawal of groundwater from wells for 1) emergency uses or 2) maintenance activities. The Commission will take oral testimony on the proposed General Permit at its regularly scheduled public hearing on May 4, 2023. The Commission will hold this hearing in person and telephonically. The deadline for the submission of written comments on the General Permit is May 30, 2023.

DATES: The public hearing will convene on May 4, 2023, at 6:30 p.m. The public hearing will end at 9:00 p.m. or at the conclusion of public testimony, whichever is earlier. The deadline for submitting written comments on the General Permit is Tuesday, May 30, 2023.

ADDRESSES: This public hearing will be conducted in person and virtually. You may attend in person at Susquehanna River Basin Commission, 4423 N. Front St., Harrisburg, Pennsylvania, or join by telephone at Toll-Free Number 1-877-304-9269 and then enter the guest passcode 2619070 followed by #.

FOR FURTHER INFORMATION CONTACT: Jason Oyler, General Counsel and Secretary to the Commission, telephone: (717) 238-0423 or joyler@srbc.net. The proposed General Permit and Fact Sheet are available on the Commission’s website at https://www.srbc.net.

SUPPLEMENTARY INFORMATION: GP-02 is designed to provide a pathway for projects that require temporary groundwater withdrawals, generally from back-up or reserve wells, to address an emergency or maintenance activity. Under SRBC regulations, these wells are subject to full technical review under 18 CFR Part 806. For drinking water wells, they must also be fully permitted under the Safe Drinking Water laws and regulations of our member jurisdictions.

GP-02 allows for and encourages proactive planning for how a project conducts and maintains operations during emergency or maintenance outages of primary water sources. For public water supply sources specifically, GP-02 would focus the Commission’s role with respect to wells needed for emergency or maintenance and activities, in part, by deferring to the member jurisdictions’ safe drinking water permits as the primary sources of regulation. The proposed fee for coverage under GP-02 is $3,000, which includes review of the project’s Contingency Plan and project details. This is less costly than the current regulatory review fees faced by these projects when they go through the full docket review process. GP-02 has a proposed term of fifteen (15) years, in keeping with Commission regulations at 18 C.F.R. § 806.31 where projects generally have a term of 15 years.

Opportunity to Appear and Comment:

Interested parties may call into the hearing to offer comments to the Commission on any business listed above required to be the subject of a public hearing. Given the nature of the meeting, the Commission strongly encourages those members of the public wishing to provide oral comments to pre-register with the Commission by e-mailing Jason Oyler at joyler@srbc.net before the hearing date. The presiding officer reserves the right to limit oral statements in the interest of time and to control the course of the hearing otherwise. Access to the hearing via telephone will begin at 6:15 p.m. Guidelines for the public hearing are posted on the Commission’s website, www.srbc.net, before the hearing for review. The presiding officer reserves the right to modify or supplement such guidelines at the hearing. Written comments on any business listed above required to be the subject of a public hearing may also be mailed to Mr. Jason Oyler, Secretary to the Commission, Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, Pa. 17110-1788, or submitted electronically through https://www.srbc.net/regulatory/public-comment/. Comments on the GP-02 mailed or electronically submitted must be received by the Commission on or before Tuesday, May 30, 2023, to be considered.

AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq.; 18 CFR § 806.17.

DATED: April 12, 2023.

JASON E. OYLER
General Counsel and Secretary to the Commission

[23-08-11]

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 22-WQC-0040

Lombardy 1669 LLC c/o Don Sharp

9615 Unionville Road

Easton, MD 21601

Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 22-WQC-0040.

Location: 9615 Unionville Rd., Easton, MD 21601

The purpose of the project is to provide shoreline stabilization and plant a tidal marsh to create and enhance aquatic habitat and contribute to improvements in water quality.

1. Construct 180 feet of revetment in addition to 499 linear feet of previously authorized revetment extending a maximum of 8 feet channelward of the mean high waterline.

2. Construct a 940-linear foot low profile stone, sand containment sill; fill and grade with 557 cubic yards of sand along 1,045 feet of eroding shoreline and plant approximately 15,026 square feet with marsh vegetation all extending a maximum of 20 feet channelward of the mean high water line.

The WQC and its attachments may be viewed at the following link:

https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx

Appeal of Final Decision: This Water Quality Certification is a final agency decision. Any person aggrieved by the Department’s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC. 

Contact: Michaela Harrington at michaela.harrington@maryland.gov or 410-537-4182.

[23-08-12]

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 22-WQC-0043

Marty DiMarzio

2305 Bancroft Pl NW

Washington, District of Columbia, 20008

Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 22-WQC-0043.

Location: 125 Twin Cove Road, Stevensville, MD 21666 in Queen Anne’s County

The purpose of the project is to provide shoreline erosion control, beach nourishment, and to create and improve habitat.

Construct a 61-foot long by 25-foot wide stone breakwater, a 132-foot long by 25-foot wide stone breakwater; and fill and grade with 1247 cubic yards of sand along 150 feet of eroding shoreline and plant with marsh vegetation, all within a maximum of 129 feet channelward of Mean High Water Line.

The WQC and its attachments may be viewed at the following link: https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx

Appeal of Final Decision. This Water Quality Certification is a final agency decision. Any person aggrieved by the Department’s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision, and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC.

Contact: James Chang at james.chang@maryland.gov or 410-537-4513.

[23-08-13]

General Notices

Notice of ADA Compliance

The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings. Anyone planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay.

STATE COLLECTION AGENCY LICENSING BOARD (SCALB)

Subject: Public Meeting

Date and Time: May 09, 2023, 2 — 3 p.m. Thereafter the public meetings will take place the second Tuesday of every month, accessed via the Google Meet information given below.

Place: Via Google Meet

Add’l. Info: Google Meet joining info:

Video call link:

https://meet.google.com/ahz-mgnk-jsu

Or dial: (US) +1 530-738-1353

PIN: 815 799 863 #

More phone numbers:

https://tel.meet/ahz-mgnk-jsu?pin=1097700804795

If necessary, the Board will convene in a closed session to seek the advice of counsel or review confidential materials, pursuant to General Provisions Article, §3-305, Annotated Code of Maryland.

Contact: Ayanna Daugherty 410-230-6019

[23-08-01]

COMMISSION ON CRIMINAL SENTENCING POLICY

Subject: Public Meeting

Date and Time: May 9, 2023, 5:30 — 7:30 p.m.

Place: Maryland Judicial Center, 187 Harry S. Truman Pkwy, Annapolis, MD

Contact: David Soule 301-403-4165

[23-08-02]

DEPARTMENT OF THE ENVIRONMENT

Subject: Public Hearing

Date and Time: May 15, 2023, 10 a.m.

Place: Virtual public hearing using the GoTo meeting platform

Add’l. Info: The Maryland Department of the Environment (MDE) gives notice of a public hearing concerning the Cecil County, MD Moderate Nonattainment Area 0.070 ppm 8-Hour Ozone State Implementation Plan Attainment Demonstration addressing the 2015 Ozone National Ambient Air Quality Standards (NAAQS).

Join virtually from your computer, tablet, or smartphone:

https://meet.goto.com/868187845

Or dial in using your phone:

United States (Toll Free): 1 866 899 4679

Access Code: 868-187-845

The Public Hearing will be held as required by federal law (Clean Air Act at 42 U.S.C. 7410(a) and 40 CFR §51.102). Interested persons are invited to attend and express their views. After the Department considers the comments received, and revises the proposal if necessary, all related items will be submitted to the U.S. Environmental Protection Agency.

An electronic copy of the proposed Cecil County, MD Moderate Nonattainment Area 0.070 ppm 8-Hour Ozone Attainment SIP revision will be available on the Maryland Department of the Environment’s website at https://mde.maryland.gov/programs/Air/AirQualityPlanning/Pages/index.aspx.

Note: The public library systems in Maryland can be used for Internet access to view the document. Copies of the document can also be obtained via email by writing to Catherine Salarano at Catherine.Salarano@Maryland.gov.

Written comments may be presented at the hearing, faxed to 410-537-3203, emailed to Catherine.Salarano@Maryland.gov, or mailed to Catherine Salarano, MDE ARA, 1800 Washington Boulevard, Suite 730, Baltimore, MD 21230. Comments must be received before 5 p.m. on May 15, 2023.

Anyone needing special accommodations at a public hearing should contact the Department’s Fair Practices Office at 410-537-3964. TTY users may contact the Department through the Maryland Relay Service at 1-800-735-2258.

Contact: Catherine Salarano 410-537-4415

[23-08-03]

MARYLAND DEPARTMENT OF HEALTH

Subject: Public Hearing

Date and Time: May 18, 2023, 10 a.m. — 12 p.m.

Place: 4201 Patterson Ave., Rm. 110, Baltimore, MD

Add’l. Info: The hearing will be held in person and via Google Meet. For details, please visit the Board’s website at health.maryland.gov/dietetic

Contact: Lenelle Cooper (410) 764-4733

[23-08-04]

MARYLAND HEALTH CARE COMMISSION

Subject: Receipt of Application

Add’l. Info: On April 8, 2023, the Maryland Health Care Commission (MHCC) received a Certificate of Need application submitted by Doctors Community Medical Center (Prince George’s County) — Matter No. 23-16-2466 — Propose to (a) establish a new obstetric program; (b) construct a new acute care pavilion adjacent to the existing hospital building; and (c) renovate hospital infrastructure and surgical services facilities to improve hospital function. LHDCMC is committed to providing access to acute care services, including obstetrics, for residents of its service area; Proposed Cost: $285,954,229.

The MHCC shall review the applications under Health-General Article, §19-101 et seq., Annotated Code of Maryland, and COMAR 10.24.01.

Any affected person may make a written request to the Commission to receive copies of relevant notices concerning the application. All further notices of proceedings on the application will be sent only to affected persons who have registered as interested parties.

Please refer to the Matter No. listed above in any correspondence on the application. A copy of the application is available, for review, in the office of the MHCC, during regular business hours by appointment, or on the Commission’s website at www.mhcc.maryland.gov.

All correspondence should be addressed to Wynee Hawk, Deputy Director, Center for Health Care Facilities Planning and Development, MHCC, 4160 Patterson Avenue, Baltimore, Maryland 21215.

Contact: Ruby Potter 4107643276

[23-08-05]