Capitol Building Maryland Register

Issue Date: December 4, 2020

Volume 47 •  Issue 25  • Pages 1059 — 1086

IN THIS ISSUE

Governor

Judiciary

Regulations

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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before November 16, 2020 5 p.m.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 November 16, 2020.
 
Gail S. Klakring
Acting Administrator, Division of State Documents
Office of the Secretary of State

Seal

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, Maryland 21401. Tel. 410-260-3876; Fax 410-280-5647. 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.

Lawrence J. Hogan, Jr., Governor; John C. Wobensmith, 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 ...................................................................  1062

 

COMAR Research Aids

Table of Pending Proposals .........................................................  1063

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

08        Department of Natural Resources ...................................  1657

09        Maryland Department of Labor .............................  1649, 1651

11        Department of Transportation ..............................................  37

26        Department of the Environment ......................................  1687

28        Office of Administrative Hearings ..................................  1401

30        Maryland Institute for Emergency Medical Services
Systems (MIEMSS) .....................................................  1727

31        Maryland Insurance Administration ................................  1729

 

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 Governor

EXECUTIVE ORDER 01.01.2020.04 .  1065

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ........................................  1066

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

General .............................................................................................  1067

Fishing in Nontidal Waters .  1067

31  MARYLAND INSURANCE ADMINISTRATION

INSURANCE PRODUCERS AND OTHER INSURANCE
   PROFESSIONALS

Insurance Producers — Continuing Education
   Requirements .  1067

Managing General Agents ...............................................................  1067

 

Proposed Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

General  1068

Striped Bass .  1071

Striped Bass .  1072

Gear  1074

09  MARYLAND DEPARTMENT OF LABOR

RACING COMMISSION

Prohibited Acts .  1075

DIVISION OF LABOR AND INDUSTRY

Maryland Occupational Safety and Health Act —
   Incorporation by Reference of Federal Standards .........................  1076

Maryland Occupational Safety and Health Act —
   Incorporation by Reference of Federal Standards .........................  1076

 

11  DEPARTMENT OF TRANSPORTATION

STATE HIGHWAY ADMINISTRATION

Heavy Weight Port Corridor Permit  1077

MOTOR VEHICLE ADMINISTRATION—VEHICLE
   REGISTRATION

Electronic Lien Recording and Release .  1078

26  DEPARTMENT OF THE ENVIRONMENT

WATER POLLUTION

Discharge Limitations .  1079

RADIATION MANAGEMENT

Radiation Protection .........................................................................  1079

Inspection and Certification .  1079

28  OFFICE OF ADMINISTRATIVE HEARINGS

RULES OF PROCEDURE

Rules of Procedure .  1081

30  MARYLAND INSTITUTE FOR EMERGENCY
   MEDICAL SERVICES SYSTEMS (MIEMSS)

EMS OPERATIONAL PROGRAMS

Base Stations .  1083

 

General Notices

STATE COLLECTION AGENCY LICENSING BOARD

Public Meeting .  1085

FIRE PREVENTION COMMISSION

Public Meeting .  1085

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .  1085

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  1085

BOARD OF REVENUE ESTIMATES

Public Hearing .  1085

RICA-ROCKVILLE CITIZENS’ ADVISORY BOARD
   MEETINGS

Public Meeting .  1085

MARYLAND DEPARTMENT OF TRANSPORTATION

Public Hearing .  1085

NORTHEAST MARYLAND WASTE DISPOSAL
   AUTHORITY

Public Meetings Notice Procedure ...................................................  1085

BOARD OF WATERWORKS AND WASTE SYSTEMS
   OPERATORS

Public Meeting .  1086

BOARD OF WELL DRILLERS

Public Meeting .  1086

GOVERNOR’S WORKFORCE DEVELOPMENT BOARD

Public Meeting .  1086

 

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.state.md.us, 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 JULY 2021

 

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

2020

December 18

November 30

December 7

December 9

2021

January 4***

December 14

December 21

December 23

January 15

December 28

January 4

January 6

January 29

January 11

January 15**

January 20

February 12

January 25

February 1

February 3

February 26

February 8

February 12**

February 17

March 12

February 22

March 1

March 3

March 26

March 8

March 15

March 17

April 9

March 22

March 29

March 31

April 23

April 5

April 12

April 14

May 7

April 19

April 26

April 28

May 21

May 3

May 10

May 12

June 4

May 17

May 24

May 26

June 18

May 28**

June 7

June 9

July 2

June 14

June 21

June 23

July 16

June 28

July 2**

July 7

July 30

July 12

July 19

July 21

 

*   Deadlines are for submissions to DSD for publication in the Maryland Register and do not take into account the 15-day AELR review period. Due date for documents containing 8 to 18 pages is 48 hours before the date listed; 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.

***    Note issue 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 pertaining to proposed regulations are listed, followed by “(err)”. 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.

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.01.12 • 47:25 Md. R. 1068 (12-4-20)

08.02.15.04 • 47:25 Md. R. 1071 (12-4-20)

08.02.15.07 • 47:25 Md. R. 1072 (12-4-20)

08.02.18.04—.06 • 47:22 Md. R. 938 (10-23-20)

08.02.25.03 • 47:25 Md. R. 1074 (12-4-20)

08.03.08.01,.04—.09 • 47:23 Md. R. 980 (11-6-20)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.03.10.05 • 47:19 Md. R. 851 (9-11-20)

09.10.01.57 • 47:21 Md. R. 908 (10-9-20)

09.10.03.01-1 • 47:25 Md. R. 1075 (12-4-20)

09.10.03.03,.08 • 47:21 Md. R. 909 (10-9-20)

09.11.07.01 • 46:26 Md. R. 1176 (12-20-19)

09.12.31 • 47:25 Md. R. 1076 (12-4-20)

                 47:25 Md. R. 1076 (12-4-20)

09.12.81.01-1,.04-1,.07,.08 • 47:2 Md. R. 80 (1-17-20)

09.26.02.06 • 46:21. R. 898 (10-11-19)

09.29.01.02 • 47:19 Md. R. 851 (9-11-20)

 

10 MARYLAND DEPARTMENT OF HEALTH

 

     Subtitles 01—08 (1st volume)

 

10.07.01.06 • 46:26 Md. R. 1178 (12-20-19)

10.07.02.01—.03,.33,.40 • 47:2 Md. R. 91 (1-17-20) (ibr)

 

     Subtitle 09 (2nd volume)

 

10.09.03.07 • 47:23 Md. R. 983 (11-6-20)

10.09.04.01,.03—.07 • 47:23 Md. R. 984 (11-6-20)

10.09.21.06 • 47:23 Md. R. 986 (11-6-20)

10.09.36.01,.08,.09 • 47:24 Md. R. 1035 (11-20-20)

10.09.37.03-1 • 47:22 Md. R. 939 (10-23-20)

10.09.77.06 • 47:23 Md. R. 986 (11-6-20)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.12.06.01—.10 • 47:1 Md. R. 24 (1-3-20)

10.14.08.01—.08 • 47:3 Md. R. 200 (1-31-20)

 

     Subtitles 23—36 (4th volume)

 

10.27.01.01,.05,.10 • 47:23 Md. R. 987 (11-6-20)

10.27.03.01—.03,.05,.08,.09,.11—.18 • 47:23 Md. R. 988 (11-6-20)

 

     Subtitles 37—68 (5th volume)

 

10.37.01.02 • 47:22 Md. R. 941 (10-23-20) (ibr)

10.38.07.02 • 47:22 Md. R. 941 (10-23-20)

10.58.01.01—.10 • 47:23 Md. R. 993 (11-6-20)

10.58.07.02—.16 • 47:24 Md. R. 1036 (11-20-20)

10.58.12.01—.10 • 47:23 Md. R. 993 (11-6-20)

10.58.13.01—.08 • 47:24 Md. R. 1036 (11-20-20)

10.58.14.01—.08 • 47:24 Md. R. 1036 (11-20-20)

10.62.01.01 • 47:22 Md. R. 942 (10-23-20)

10.62.15.06 • 47:22 Md. R. 942 (10-23-20)

10.62.17.02,.03 • 47:22 Md. R. 942 (10-23-20)

10.62.23.01 • 47:22 Md. R. 942 (10-23-20)

10.62.24.01 • 47:22 Md. R. 942 (10-23-20)

10.62.29.01 • 47:22 Md. R. 942 (10-23-20)

10.62.34.09 • 47:22 Md. R. 942 (10-23-20)

10.62.35.01 • 47:22 Md. R. 942 (10-23-20)

10.62.37.01—.21 • 47:22 Md. R. 942 (10-23-20)

10.64.02.01—.03 • 47:23 Md. R. 1002 (11-6-20)

10.67.04.03 • 47:23 Md. R. 1004 (11-6-20)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.04.17.04 • 47:25 Md. R. 1077 (12-4-20)

11.06.04.01—.06 • 47:22 Md. R. 954 (10-23-20)

 

     Subtitles 11—23 (MVA)

 

11.15.38.01—.03 • 47:25 Md. R. 1078 (12-4-20)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.04.01.04,.06 • 47:22 Md. R. 955 (10-23-20)

 

13A STATE BOARD OF EDUCATION

 

13A.03.02.02,.03,.06—.10,.12 • 46:24 Md. R. 1108 (11-22-19)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.08.10.02 • 47:3 Md. R. 222 (1-31-20)

 

14 INDEPENDENT AGENCIES

 

14.22.01.02,.09,.10,.14 • 47:23 Md. R. 1005 (11-6-20)

14.38.01.04 • 47:23 Md. R. 1006 (11-6-20)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

15.01.15.02—.04 • 47:21 Md. R. 909 (10-9-20)

 

21 STATE PROCUREMENT REGULATIONS

 

21.11.13.01—.11 • 47:14 Md. R. 689 (7-6-20)

21.11.14.01—.10 • 47:14 Md. R. 689 (7-6-20)

21.11.15.01—.03 • 47:14 Md. R. 689 (7-6-20)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

22.02.01.01,.03—.05 • 47:24 Md. R. 1050 (11-20-20)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.08.03.01 • 47:25 Md. R. 1079 (12-4-20)

26.12.01.01 • 47:25 Md. R. 1079 (12-4-20) (ibr)

26.12.02.02 • 47:25 Md. R. 1079 (12-4-20)

 

     Subtitles 13 — 18 (Part 3)

 

26.17.04.05 • 47:24 Md. R. 1053 (11-20-20)

 

28 OFFICE OF ADMINISTRATIVE HEARINGS

 

28.02.01.02—.05,.10,.11,.13,.14,.16,.18—.21,
     .23
• 47:25 Md. R. 1081 (12-4-20)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.03.06.01,.02 • 47:25 Md. R. 1083 (12-4-20)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.01.02.02,.03,.06 • 47:20 Md. R. 878 (9-25-20)

31.08.03.04,.05,.07,.08 • 47:21 Md. R. 911 (10-9-20)

 

 

 

33 STATE BOARD OF ELECTIONS

 

33.17.06.05 • 47:24 Md. R. 1054 (11-20-20)

33.19.02.01 • 47:19 Md. R. 853 (9-11-20)

 

The Governor

EXECUTIVE ORDER 01.01.2020.04

Rescission of Executive Order 01.01.2010.16

 

WHEREAS, Executive Order 01.01.2010.16 (the “Order”) requires the Maryland Department of Natural Resources (“Department”) Power Plant Research Program to prepare a Long-Term Electricity Report (“Report”) for the State of Maryland with certain contents, and to update the Report at least every five years;

 

WHEREAS, in accordance with the Order, and at significant cost to the State, the Department published the Report on December 1, 2011, and produced an updated Report on December 1, 2016;

 

WHEREAS, many of the energy policy issues that justified the creation of the Report have either been resolved, are not now of concern, or are already included in other studies and reports, and any subsequent updates of the Report will not generate new or meaningful conclusions; and

 

WHEREAS, the purpose of the Order has been accomplished, and rescission of the Order will save State resources and have no demonstrable impact on the State’s use of the Report’s findings, the development of policies related to the long-term energy needs of the State, or other actions;

 

NOW, THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, HEREBY RESCIND EXECUTIVE ORDER 01.01.2010.16.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, effective this 25th Day of November, 2020.

LAWRENCE J. HOGAN, JR
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[20-25-15]

 

 

The Judiciary


 

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

 

     This is to certify that by a Per Curiam Order of the Court of Appeals dated November 20, 2020, DARRYL RUSSEL ARMSTRONG (CPF # 1406170017), 2732 Old Court Road, Pikesville, Maryland 21208, has been disbarred, effective immediately, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Opinion and Order of the Court of Appeals dated November 20, 2020, FERDINAND UCHECHUKWU IBEBUCHI (CPF # 0512140085), 6270 Willow Creek Road, Bowie, Maryland 20720, has been indefinitely suspended, effective immediately, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by a Per Curiam Order of the Court of Appeals dated November 20, 2020, WORTHAM DAVID DAVENPORT (CPF # 9112170161), P.O. Box 840, Laurel, Maryland 20725, 8208 Cool Creek, Laurel, Maryland 20723, has been disbarred, effective immediately, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

[20-25-14]

 

 

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 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.01 General

Authority: Natural Resources Article, §4-407, Annotated Code of Maryland

Notice of Final Action

[20-158-F]

On November 24, 2020, the Secretary of Natural Resources adopted amendments to Regulation .13 under COMAR 08.02.01 General. This action, which was proposed for adoption in 47:21 Md. R. 906 (October 9, 2020), has been adopted as proposed.

Effective Date: December 14, 2020.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.11 Fishing in Nontidal Waters

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

Notice of Final Action

[20-157-F]

On November 24, 2020, the Secretary of Natural Resources adopted amendments to Regulations .01, .03, and .04 under COMAR 08.02.11 Fishing in Nontidal Waters. This action, which was proposed for adoption in 47:21 Md. R. 906—908 (October 9, 2020), has been adopted as proposed.

Effective Date: January 1, 2021.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

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 Final Action

[20-150-F]

On November 23, 2020, the Insurance Commissioner adopted amendments to Regulation .03 under COMAR 31.03.02 Insurance Producers — Continuing Education Requirements. This action, which was proposed for adoption in 47:19 Md. R. 852—853 (September 11, 2020), has been adopted as proposed.

Effective Date: December 14, 2020.

KATHLEEN A. BIRRANE
Insurance Commissioner

 

Subtitle 03 INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS

31.03.19 Managing General Agents

Authority: Insurance Article, §§8-201(c), 8-207, and 8-209, Annotated Code of Maryland

Notice of Final Action

[20-149-F]

On November 23, 2020, the Insurance Commissioner adopted new Regulation .01 under a new chapter, COMAR 31.03.19 Managing General Agents. This action, which was proposed for adoption in 47:19 Md. R. 853 (September 11, 2020), has been adopted as proposed.

Effective Date: December 14, 2020.

KATHLEEN A. BIRRANE
Insurance Commissioner

 

 

Proposed Action on Regulations

 


Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.01 General

Authority: Natural Resources Article, §4-1006.1, Annotated Code of Maryland

Notice of Proposed Action

[20-197-P]

The Secretary of Natural Resources proposes to amend Regulation .12 under COMAR 08.02.01 General.

Statement of Purpose

The purpose of this action is to make corrections in submerged aquatic vegetation protection zones. Amendments to the zones became effective June 2020, and maps of each area were created so that users have a visual description of each area rather than just the coordinates. During the mapping process, errors or points needing clarification were found within the text.

The proposed action 1) modifies a direction between points, corrects the name of an island, removes duplicate text, and corrects a coordinate in Somerset County; 2) corrects coordinates in Dorchester County; 3) modifies directions between points, corrects coordinates, adds missing text needed to describe an area properly, and corrects the name of a creek in Talbot County; 4) corrects the coordinates of a point in Saint Mary’s County; and 5) corrects descriptions of defined points and better describes the water bodies included in the zones in Kent County.

This is a housekeeping action that is necessary to make the regulation clear for all users. There is no change in the amount of protected area.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 SAV Regulations, Regulatory Staff, Maryland Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, B-2, Annapolis, MD 21401, or call 410-260-8300, or complete the form at https://dnr.maryland.gov/fisheries/Pages/regulations/changes.aspx#savhkp. Comments will be accepted through January 4, 2021. A public hearing has not been scheduled.

.12 Submerged Aquatic Vegetation (SAV) Protection Zones.

A. (text unchanged)

B. Submerged Aquatic Vegetation (SAV) Protection Zones.

(1) Somerset County.

(a) All of the waters of Fishing Creek, Manokin River, Broad Creek, and Geanquakin Creek enclosed by a line beginning at a point at or near the shore at the west side of Fishing Creek defined by Lat. 38°08.280’ N, Long. 75°54.370’ W; then running approximately 121° True to a point defined by Lat. 38°08.233’ N, Long. 75°54.272’ W; then running approximately 50° True to a point defined by Lat. 38°08.485’ N, Long. 75°53.879’ W; then running approximately 352° True to a point defined by Lat. 38°08.692’ N, Long. 75°53.914’ W; then running approximately 76° True to a point defined by Lat. 38°08.846’ N, Long. 75°53.082’ W; then running approximately 180° True to a point defined by Lat. 38°08.634’ N, Long. 75°53.085’ W; then running approximately 258° True to a point defined by Lat. 38°08.567’ N, Long. 75°53.506’ W; then running approximately 208° True to a point defined by Lat. 38°08.385’ N, Long. 75°53.633’ W; then running approximately 110° True to a point defined by Lat. 38°07.974’ N, Long. 75°52.278’ W: then running approximately 80° True to a point defined by Lat. 38°08.069’ N, Long. 75°51.574’ W; then running approximately 23° True to a point defined by Lat. 38°08.205’ N, Long. 75°51.499’ W; then running approximately 67° True to a point defined by Lat. 38°08.269’ N, Long. 75°51.300’ W; then running approximately 28° True to a point defined by Lat. 38°08.429’ N, Long. 75°51.187’ W; then running approximately 11° True to a point defined by Lat. 38°08.624’ N, Long. 75°51.136’ W; then running approximately 90° True to a point defined by Lat. 38°08.618’ N, Long. 75°50.342’ W; then running approximately 28° True to a point defined by Lat. 38°08.975’ N, Long. 75°50.091’ W; then running approximately 110° True to a point defined by Lat. 38°08.765’ N, Long. 75°49.382’ W; then running approximately 86° True to a point defined by Lat. 38°08.770’ N, Long. 75°49.277’ W; then running approximately 62° True to a point defined by Lat. 38°08.837’ N, Long. 75°49.114’ W; then running approximately 335° True to a point at or near the western shore of Saint Peter’s Creek defined by Lat. 38°08.854’ N, Long. 75°49.123’ W; then running [southeasterly] westerly along the shore to the point of beginning.

(b)—(f) (text unchanged)

(g) All of the waters of Rock Hole, Thru Creek, Ward Creek, West Creek, Daugherty Creek, and Rock Pond east of a line beginning at a point at or near the shore of [James] Janes Island south of Rock Hole defined by Lat. 38°01.060’ N, Long. 75°52.257’ W; then running approximately 342° True to a point defined by Lat. 38°01.603’ N, Long. 75°52.467’ W; then running approximately 45° True to a point near the shore of Lawson’s Marsh south of Flatcap Point defined by Lat. 38°01.638’ N, Long. 75°52.421’ W; then running along the shore to a point at or near the north shore of Ward Creek defined by Lat. 38°00.677’ N, Long. 75°51.579’ W; then running approximately 204° to a point at or near the south shore of Ward Creek defined by Lat. 38°00.653’ N, Long. 75°51.593’ W; then running easterly along shore to the point of beginning.

(h)—(k) (text unchanged)

[(l) All of the waters of Broad Creek, Manokin River, Fishing Creek, and Geanquakin Creek enclosed by a line beginning at a point at or near the shore at the west side of Fishing Creek defined by Lat. 38°08.280’ N, Long. 75°54.370’ W; then running approximately 121° True to a point defined by Lat. 38°08.233’ N, Long. 75°54.272’ W; then running approximately 50° True to a point defined by Lat. 38°08.485’ N, Long. 75°53.879’ W; then running approximately 352° True to a point defined by Lat. 38°08.692’ N, Long. 75°53.914’ W; then running approximately 76° True to a point defined by Lat. 38°08.846’ N, Long. 75°53.082’ W; then running approximately 180° True to a point defined by Lat. 38°08.634’ N, Long. 75°53.085’ W; then running approximately 258° True to a point defined by Lat. 38°08.567’ N, Long. 75°53.506’ W; then running approximately 208° True to a point defined by Lat. 38°08.385’ N, Long. 75°53.633’ W; then running approximately 110° True to a point defined by Lat. 38°07.974’ N, Long. 75°52.278’ W; then running approximately 80° True to a point defined by Lat. 38°08.069’ N, Long. 75°51.574’ W; then running approximately 23° True to a point defined by Lat. 38°08.205’ N, Long. 75°51.499’ W; then running approximately 67° True to a point defined by Lat. 38°08.269’ N, Long. 75°51.300’ W; then running approximately 28° True to a point defined by Lat. 38°08.429’ N, Long. 75°51.187’ W; then running approximately 11° True to a point defined by Lat. 38°08.624’ N, Long. 75°51.136’ W; then running approximately 90° True to a point defined by Lat. 38°08.618’ N, Long. 75°50.342’ W; then running approximately 28° True to a point defined by Lat. 38°08.975’ N, Long. 75°50.091’ W; then running approximately 110° True to a point defined by Lat. 38°08.765’ N, Long. 75°49.382’ W; then running approximately 86° True to a point defined by Lat. 38°08.770’ N, Long. 75°49.277’ W; then running approximately 62° True to a point defined by Lat. 38°08.837’ N, Long. 75°49.114’ W; then running approximately 335° True to a point at or near the western shore of Saint Peter’s Creek defined by Lat. 38°08.854’ N, Long. 75°49.123’ W; then running southeasterly along the shore to the point of beginning.]

[(m)] (l)[(p)] (o) (text unchanged)

[(q)] (p) All of the waters of Sheepshead Harbor, Goose Creek, and Pry Cove enclosed by a line beginning at a point at or near the eastern shore of Sheepshead Harbor defined by Lat. 38°04.376’ N, Long. 76°00.906’ W; then running approximately 252° True to a point defined by Lat. 38°04.318’ N, Long. 76° 01.134’ W; then running approximately 285° True to a point defined by Lat. 38° 04.500’ N, Long. 76° 01.929’ W; then running approximately 341° True to a point at or near the western shore of Sheepshead Harbor defined by Lat. 38°04.584’ N, Long. 76°01.964’ W[:]; then running along the shore to a point at or near the shore on the south side of Pry Cove defined by Lat. [38°06.483’] 38°05.492’ N, Long. [76°03.221’] 76°03.337’ W; then running approximately 22° True to a point defined by Lat. 38°06.482’ N, Long. 76°02.859’ W; then running easterly along the north shore of Pry Cove into Sheepshead Harbor along the shore to the point of beginning.

[(r)] (q)[(hh)] (gg) (text unchanged)

(2) Dorchester County.

(a) All of the waters of Northeast Cove, Muddy Creek, Swan Pond, Swan Pond Creek, Long Creek, Okahanikan Cove, Pone Cove, Holland Straits, Hooper Strait, and Chesapeake Bay enclosed by a line beginning at a point at or near the shore of Cove Point defined by Lat. 38°08.883’ N, Long. 76°03.073’ W; then running approximately 274° True to a point on the shore of Northeast Island defined by Lat. 38°08.956’ N, Long. 76°04.219’ W; then running approximately 199° True to a point defined by Lat. 38°7.826’ N, Long. 76°04.742’ W; then running approximately 323° True to a point defined by Lat. 38°07.966’ N, Long. 76°04.875’ W; then running approximately 290° True to a point defined by Lat. 38°08.142’ N, Long. 76°05.471’ W; then running approximately 359° True to a point defined by Lat. 38°09.151’ N, Long. 76°05.473’ W; then running approximately 0° True to a point defined by Lat. 38°09.652’ N, Long. 76°05.462’ W; then running approximately 0° True to a point defined by Lat. 38°10.307’ N, Long. 76°05.454’ W; then running approximately 3° True to a point defined by Lat. 38°11.596’ N, Long. 76°05.365’ W; then running approximately 60° True to a point at or near the shore of Kits Point defined by Lat. 38°12.171’ N, Long. [76°03.527’] 76°04.088’ W; then running southerly along the shore to the point of beginning.

(b) (text unchanged)

(c) All of the waters of Trippe Bay, Brannock Bay, and Covey Creek enclosed by a line beginning at a point at or near Mills Point defined by Lat. 38°34.476’ N, Long. 76°18.111’ W; then running approximately 342° True to a point defined by Lat. 38°34.782’ N, Long. 76°18.239’ W; then running approximately 39° True to a point defined by Lat. 38°35.329’ N, Long. 76°17.688’ W; then running approximately 64° True to a point defined by Lat. 38°35.405’ N, Long. 76°17.489’ W; then running approximately 136° True to a point defined by Lat. [38°35.208’] 38°35.280’ N, Long. 76°17.330’ W; then running approximately 60° True to a point defined by Lat. 38°35.386’ N, Long. 76°17.095’ W; then running approximately 332° True to a point defined by Lat. 38°35.559’ N, Long. 76°17.214’ W; then running approximately 12° True to a point defined by Lat. 38°35.840’ N, Long. 76°17.139’ W; then running approximately 23° True to a point defined by Lat. 38°36.303’ N, Long. 76°16.890’ W; then running approximately 328° True to a point defined by Lat. 38°36.551’ N, Long. 76°17.091’ W; then running approximately 356° True to a point defined by Lat. 38°37.138’ N, Long. 76°17.151’ W; then running approximately 35° True to a point at or near the south side of Cook’s Point defined by Lat. 38°37.389’ N, Long. 76°16.925’ W; then running southerly along the shore to the point of beginning.

(d)—(e) (text unchanged)

(3) Talbot County.

(a) (text unchanged)

(b) All of the waters of the Harris Creek and Choptank River enclosed by a line beginning at a point at or near the shore at Lower Bar Neck Point defined by Lat. 38°40.839’ N, Long. 76°19.406’ W; then running approximately 61° True to a point defined by Lat. 38°40.909’ N, Long. 76°19.244’ W; then running approximately [] True to a point defined by Lat. 38°41.622’ N, Long. 76°19.239’ W; then running approximately 309° True to a point at or near the shore of Dogwood Harbor defined by Lat. 38°42.062’ N, Long. 76°19.926’ W; then running southerly along the shore to the point of beginning.

(c)—(d) (text unchanged)

(e) All of the waters of Miles River and Porter Creek enclosed by a line beginning at a point on the western shore of Hambleton Point defined by Lat. 38°49.215’ N, Long. 76°14.103’ W; then running approximately 343° True to a point defined by Lat. 38°49.254’ N, Long. 76°14.119’ W; then running approximately 298° True to a point defined by Lat. [38 49.271’] 38°49.271’ N, Long. [76°14.128’] 76°14.158’ W; then running approximately 277° True to a point defined by Lat. 38°49.286’ N, Long. 76°14.331’ W; then running approximately 248° True to a point defined by Lat. 38°49.248’ N, Long. 76°14.448’ W; then running approximately 201° True to a point defined by Lat. 38°49.197’ N, Long. 76°14.474’ W; then running approximately 157° True to a point defined by Lat. 38°49.158’ N, Long. 76°14.453’ W; then running approximately 134° True to a point defined by Lat. 38°49.055’ N, Long. 76°14.317’ W; then running approximately 163° True to a point defined by Lat. 38°48.988’ N, Long. 76°14.290’ W; then running approximately 183° True to a point defined by Lat. 38°48.958’ N, Long. 76°14.292’ W; then running approximately 209° True to a point defined by Lat. 38°48.933’ N, Long. 76°14.308’ W; then running approximately 321° True to a point defined by Lat. 38°49.042’ N, Long. 76°14.419’ W; then running approximately 256° True to a point defined by Lat. 38°49.033’ N, Long. 76°14.462’ W; then running approximately 150° True to a point defined by Lat. 38°48.900’ N, Long. 76°14.363’ W; then running approximately 263° True to a point defined by Lat. 38°48.893’ N, Long. 76°14.435’ W; then running approximately 174° True to a point at or near the shore defined by Lat. [38°14.868’] 38°48.868’ N, Long. 76°14.431’ W; then running northeasterly along the shore to the point of beginning.

(f) All of the waters of Miles River, Tilghman Creek, and Porter Creek enclosed by a line beginning at a point defined by Lat. 38°49.056’ N, Long. 76°14.734’ W; then running approximately 141° True to a point defined by Lat. 38°49.011’ N, Long. 76°14.684’ W; then running approximately 64° True to a point defined by Lat. 38°49.070’ N, Long. 76°14.533’ W; then running approximately 351° True to a point defined by Lat. 38°49.164’ N, Long. 76°14.553’ W; then running approximately 333° True to a point defined by Lat. [39°49.244’] 38°49.244’ N, Long. 76°14.606’ W; then running approximately 56° True to a point defined by Lat. 38°49.298’ N, Long. 76°14.506’ W; then running approximately 12° True to a point defined by Lat. 38°49.371’ N, Long 76°14.486’ W; then running approximately 318° True to a point defined by Lat. 38°49.416’ N, Long. 76°14.538’ W; then running approximately 266° True to a point defined by Lat. 38°49.408’ N, Long. 76°14.676’ W; then running approximately 313° True to a point defined by Lat. 38°49.620’ N, Long. 76°14.970’ W; then running approximately 58° True to a point defined by Lat. [38°49.620’] 38°49.667’ N, Long. [76°14.970’] 76°14.875’ W; then running approximately 329° True to a point defined by Lat. 38°49.779’ N, Long. 76°14.962’ W; then running approximately 338° True to a point defined by Lat. 38°49.927’ N, Long. 76°15.040’ W; then running approximately 297° True to a point defined by Lat. 38°49.958’ N, Long. 76°15.116’ W; then running approximately 344° True to a point defined by Lat. 38°50.150’ N, Long. 76°15.188’ W; then running approximately 21° True to a point defined by Lat. 38°50.278’ N, Long. 76°15.126’ W; then running approximately 293° True to a point at or near the shore southeast of Seth Point defined by Lat. 38°50.380’ N, Long. 76°15.427’ W; then running southeasterly along the shore to the point of beginning.

(g) All of the waters of Miles River, Woodland Creek, and Leeds Creek enclosed by a line beginning at a point defined by Lat. 38°48.151’ N, Long. 76°11.986’ W; then running approximately 332° True to a point defined by Lat. 38°48.455’ N, Long. 76°12.185’ W; then running approximately 16° True to a point defined by Lat. [38°48.137’] 38°49.137’ N, Long. 76°11.945’ W; then running approximately 31° True to a point defined by Lat. 38°49.319’ N, Long.76°11.809’ W; then running approximately 10° True to a point defined by Lat. 38°49.594’ N, Long. 76°11.750’ W; then running approximately 55° True to a point defined by Lat. 38°49.834’ N, Long. 76°11.700’ W; then running approximately 358° True to a point defined by Lat. 38°50.013’ N, Long. 76°11.584’ W; then running approximately 72° True to a point at or near the eastern shore of the mouth of Woodland Creek defined by Lat. 38°50.057’ N, Long. 76°11.408’ W; then running southerly along the shore to the point of beginning.

(h) (text unchanged)

(i) All of the waters of Leeds Creek enclosed by a line beginning at a point on the northern shore of Leeds Creek defined by Lat. 38°48.430’ N, Long. 76°11.778’ W; then running approximately 130° True to a point defined by Lat. 38°48.353’ N, Long. 76°11.667’ W; then running approximately 105° True to a point defined by Lat. 38°48.324’ N, Long. 76°11.538’ W; then running approximately 54° True to a point defined by Lat. 38°48.457’ N, Long. 76°11.297’ W; then running approximately 47° True to a point defined by Lat. [38°48.324’] 38°48.620’ N, Long. [76°11.538’] 76°11.072’ W; then running approximately 318° True to a point at or near the northern shore of Leeds Creek defined by Lat. [38°48.430’] 38°48.643’ N, Long. [76°11.778’] 76°11.098’ W; then running southeasterly along the shore to the point of beginning.

(j)—(l) (text unchanged)

(m) All of the waters of Ferry Cove, Cabin Cove, and Eastern Bay enclosed by a line beginning at or near a point on the shore of Punch Point defined by Lat. 38°45.650’ N, Long. 76°20.181’ W; then running approximately 40° True to a point defined byLat. 38°45.725’ N, Long. 76°20.138’ W; then running approximately 56° True to a point defined by Lat. 38°45.874’ N, Long. 76°19.980’ W; then running approximately 296° True to a point defined by Lat. 38°45.947’ N, Long. 76°19.842’ W; then running approximately 296° True to a point defined by Lat. 38°46.016’ N, Long. 76°20.027’ W; then running approximately [356°] 297° True to a point defined by Lat. 38°46.113’ N, Long. 76°20.277’ W; then running approximately 356° True to a point defined by Lat. 38°46.271’ N, Long. 76°20.294’ W; then running approximately 81° True to a point at or near the shore of the southern tip of Lowes Point defined by Lat. [38°45.274’] 38°46.312’ N, Long. [76°20.294’] 76°19.980’ W; then running southerly along the shore to the point of beginning.

(n) All of the waters of Harbor Cove and Eastern Bay enclosed by a line beginning at or near a point on the shore of Lowes Point defined by Lat. [38°46.271’] 38°46.485’ N, Long. [76°20.294’] 76°19.945’ W; then running approximately 352° True to a point defined by Lat. 38°46.708’ N, Long. [76°20.986’] 76°19.986’ W; then running approximately 38° True to a point defined by Lat. 38°47.378’ N, Long. 76°19.314’ W; then running approximately 20° True to a point defined by Lat. 38°47.530’ N, Long. 76°19.247’ W; then running approximately 37° True to a point defined by Lat. 38°47.837’ N, Long. 76°18.958’ W; then running approximately 21° True to a point defined by Lat. 38°48.004’ N, Long. 76°18.875’ W; then running approximately 14° True to a point defined by Lat. 38°48.383’ N, Long. 76°18.754’ W; then running approximately 7° True to a point defined by Lat. 38°48.813’ N, Long. 76°18.695’ W; then running approximately 112° True to a point at or near the shore defined by Lat. 38°48.760’ N, Long. 76°18.526’ W; then running southerly along the shore to the point of beginning.

(o)—(r) (text unchanged)

(s) All of the waters of Oak Creek and Miles River enclosed by a line beginning at a point at or near the [eastern] western shore of Oak Creek defined by Lat. 38°45.212’ N, Long. 76°10.426’ W; then running approximately 31° True to a point defined by Lat. 38°45.243’ N, Long. 76°10.402’ W; then running approximately 314° True to a point defined by Lat. 38°45.330’ N, Long. 76°10.515’ W; then running approximately 265° True to a point at or near the shore defined by Lat. 38°45.320’ N, Long. 76°10.701’ W; then running southeasterly along the shore to the point of beginning.

(t) All of the waters of [Back] Oak Creek enclosed by a line beginning at a point defined by Lat. 38°45.090’ N, Long. 76°10.444’ W; then running approximately 319° True to a point defined by Lat. 38°45.121’ N, Long. 76°10.479’ W; then running approximately 51° True to a point at or near the eastern shore of Oak Creek defined by Lat. 38°45.199’ N, Long. 76°10.356’ W; then running southerly along the shore to the point of beginning.

(u)—(v) (text unchanged)

(4) Saint Mary’s County.

(a) (text unchanged)

(b) All of the waters of Saint Mary’s River enclosed by a line beginning at a point at or near the shore at Windmill Point defined by Lat. 38°09.500’ N, Long. 76°27.099’ W; then running approximately 97° True to a point defined by Lat. 38°09.470’ N, Long. 76°26.822’ W; then running approximately 27° True to a point defined by Lat. 38°09.528’ N, Long. 76°26.785’ W; then running approximately 320° True to a point defined by Lat. 38°09.642’ N, Long. 76°26.906’ W; then running approximately 301° True to a point defined by Lat. 38°09.772’ N, Long. 76°27.180’ W; then running approximately 214° True to a point at or near the shore north of Windmill Point defined by Lat. [38° 09.772’] 38°09.737’ N, Long. [76° 27.180’] 76°27.210’ W; then running southerly along the shore to the point of beginning.

(c)—(i) (text unchanged)

(5)—(7) (text unchanged)

(8) Kent County.

(a) All of the waters of Huntingfield Creek, Rock Hall Harbor, and Chesapeake Bay enclosed by a line beginning at a point at or near the shore [south of Windmill] at the northern tip of Huntingfield Point defined by Lat. 39°07.129’ N, Long. 76°14.839’ W; then running approximately 355° True to a point at or near the shore [at the northern tip of Huntingfield] south of Windmill Point defined by Lat. 39°07.832’ N, Long. 76°14.917’ W; then running southerly along the shore to the point of beginning.

(b) All of the waters of Chesapeake Bay, Wilson Pond, and Chester River enclosed by a line beginning at a point at or near the shore north of Wilson Point defined by Lat. 39°03.358’ N, Long. 76°13.719’ W; then running approximately 241° True to a point defined by Lat. 39°03.075’ N, Long. 76°14.379’ W; then running approximately 19° True to a point defined by Lat. 39°03.622’ N, Long. 76°14.127’ W; then running approximately 7° True to a point at or near the shore at the defined by Lat. 39°04.996’ N, Long. 76°13.892’ W; then running southerly along the shore to the point of beginning.

(c) All of the waters of Long Cove, [Wilson Pond,] Short Cove, Eastern Neck Narrows, and Chester River enclosed by a line beginning at a point at or near the shore on the east side of Wilson Point defined by Lat. 39°03.168’ N, Long. 76°13.580’ W; then running approximately 79° True to a point defined by Lat. 39°03.174’ N, Long. 76°13.543’ W; then running approximately 26° True to a point defined by Lat. 39°03.306’ N, Long. 76°13.459’ W; then running approximately 71° True to a point at or near the shore north of the Eastern Neck Island Road Bridge defined by Lat. 39°03.341’ N, Long. 76°13.322’ W; then running northwesterly along the shore to the point of beginning.

(d) All of the waters of Frying Pan Cove, Eastern Neck Narrows, and Chester River enclosed by a line beginning at a point at or near the shore at Boxes Point defined by Lat. 39°02.971’ N, Long. 76°12.741’ W; then running approximately 32° True to a point defined by Lat. 39°03.036’ N, Long. 76°12.688’ W; then running approximately 295° True to a point defined by Lat. 39°03.056’ N, Long. 76°12.742’ W; then running approximately 331° True to a point defined by Lat. 39°03.202’ N, Long. 76°12.842’ W; then running approximately 290° True to a point defined by Lat. 39°03.310’ N, Long. 76°13.220’ W; then running approximately 271° True to a point defined by Lat. 39°03.312’ N, Long. 76°13.329’ W; then running approximately 191° True to a point at or near the shore south of the Eastern Neck Island Road Bridge defined by Lat. 39°03.297’ N, Long. 76°13.333’ W; then running southeasterly along the shore to the point of beginning.

(e) All of the waters of Calfpasture Cove, Tubby Cove, Eastern Neck Narrows, and Chester River enclosed by a line beginning at a point at or near the shore on the west side of Ingleside defined by Lat. 39°02.753’ N, Long. 76°14.149’ W; then running approximately 303° True to a point defined by Lat. 39°02.801’ N, Long. 76°14.240’ W; then running approximately 48° True to a point defined by Lat. 39°02.999’ N, Long. 76°13.954’ W; then running approximately 80° True to a point defined by Lat. 39°03.029’ N, Long. 76°13.728’ W; then running approximately 58° True to a point defined by Lat. 39°03.154’ N, Long. 76°13.464’ W; then running approximately 19° True to a point defined by Lat. 39°03.285’ N, Long. 76°13.406’ W; then running approximately 78° True to a point at or near the shore south of the Eastern Neck Island Road Bridge defined by Lat. 39°03.296’ N, Long. 76°13.337’ W; then running southwesterly along the shore to the point of beginning.

(9) (text unchanged)

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.15 Striped Bass

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

Notice of Proposed Action

[20-194-P]

The Secretary of Natural Resources proposes to amend Regulation .04 under COMAR 08.02.15 Striped Bass.

Statement of Purpose

The purpose of this action is to remove the cap on the amount of striped bass shares that can be permanently transferred within a single year by a permittee registered in a Chesapeake Bay commercial striped bass fishery. Removing the annual transfer cap would allow a permit holder to sell or buy up to that maximum amount in one transaction, rather than having to break it up in multiple transactions over multiple years.

The purpose of the transfer cap implemented in 2015 was to slow down any perceived fishery consolidation. The Department and the industry have both found this cap to be restrictive and unnecessarily burdensome. Removing the cap will allow business flexibility by allowing individuals to more efficiently acquire or dispose of shares in a manner that is more beneficial to their business, as well as reducing the burden of paperwork the industry and the Department must complete. The cap on possession of more than 1 percent of the fishery is not changing and is enough to prevent fishery consolidation.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The action will make it easier for striped bass permittees to transfer up to the maximum total allowable share in a Chesapeake Bay commercial striped bass fishery.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

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 striped bass permittees

(+)

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 ability to transfer larger portions of shares in the Chesapeake Bay commercial striped bass fishery may allow individuals to more efficiently acquire or dispose of shares in a manner that is more beneficial to their business.

Economic Impact on Small Businesses

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

The ability to transfer larger portions of shares in the Chesapeake Bay commercial striped bass fishery may allow individuals to more efficiently acquire or dispose of shares in a manner that is more beneficial to their business.

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 Striped Bass Transfer Cap, Regulatory Staff, Fishing and Boating Services, E-4, 580 Taylor Ave, Annapolis MD 21401, or call 410-260-8300, or complete the form at https://dnr.maryland.gov/fisheries/Pages/regulations/changes.aspx#sbbaycomm. Comments will be accepted through January 4, 2021. A public hearing has not been scheduled.

.04 Tidal Fish Licensee Intent to Fish.

A.—F. (text unchanged)

G. Permanent Transfers.

(1)—(5) (text unchanged)

(6) A commercial tidal fish licensee registered in either of the Chesapeake Bay fisheries may not receive a share in a permanent transfer[:

(a) That] that would result in the transferee possessing more than 1 percent of the total commercial quota for the Chesapeake Bay fisheries[; or

(b) Equal to more than 0.2 percent of the Chesapeake Bay commercial quota in a single quota year].

(7)—(13) (text unchanged)

H. (text unchanged)

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.15 Striped Bass

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

Notice of Proposed Action

[20-191-P]

The Secretary of Natural Resources proposes to amend Regulation .07 under COMAR 08.02.15 Striped Bass.

Statement of Purpose

The purpose of this action is to extend the commercial striped bass Chesapeake Bay Individual Transferable Quota (ITQ) fishery seasons for hook and line, haul seines, and drift gill nets. The proposed action does not allow additional harvest. It provides fishery participants with greater flexibility in their business model by allowing fishermen to time their fishing activity with meeting market demands. The changes are consistent with the Chesapeake Bay ITQ fishery priorities developed jointly by the Department and the industry when the ITQ program was first implemented. The proposed action also reorganizes certain sections to clarify which provisions apply to each fishery.

Specifically for the hook and line Chesapeake Bay individual transferable quota fishery, the proposed action extends the season through December 31, removes the prohibition for fishing on Friday, and extends the fishing hours to 1 hour after sunset. The current regulation specifies that the hook and line season ends November 30. The Department has extended this season through December by issuing a public notice for several years (2014—2019). Adding this provision to regulation will allow businesses to plan their seasonal activity in advance. Extending the fishing hours and days allows harvesters to time their harvest to market conditions.

Specifically for the haul seine Chesapeake Bay individual transferable quota fishery, the proposed action extends the season through the end of February. The current regulation specifies that the haul seine season ends November 30. The Department extended this season through December in 2019 by issuing a public notice. Haul seines are used in January and February primarily to harvest catfish and occasionally catch striped bass as bycatch. The harvest of striped bass in January and February is expected to be minimal and is not expected to impact the market, while still allowing for efficiency in haul seine activity.

Specifically for the drift gill net Chesapeake Bay individual transferable quota fishery, the proposed action allows harvest on Saturdays and Sundays throughout the drift gill net season. The current regulation specifies that harvesters may not use drift gill nets on Saturdays or Sundays. The Department allowed harvest on Saturdays during December in 2018 and both Saturdays and Sundays in December in 2019 by issuing a public notice. Adding Saturday and Sundays to the entire fishing season for drift gill nets will provide fishermen invested in drift gill net fishing gear additional days to access the market.

The changes will give commercial striped bass permit holders in the Chesapeake Bay ITQ fishery additional choices to harvest their assigned quota. No additional harvest will be permitted. These changes do not increase a permittee’s harvest, they allow permittees to have additional choices for harvest. Adding the extensions to regulation will allow for greater business flexibility, will allow fishermen to time their fishing activity to meet market demands, and will allow them greater ability to plan their business activities.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. It is possible that by allowing additional periods for harvest by certain gears, harvesters will be better able to time harvesting activity with more profitable market conditions, thereby creating a positive economic impact.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

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:

(1) Striped bass permittees in ITQ Fishery

(+)

Indeterminable

(2) Dealers

(+)

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(1). It is possible that by allowing additional periods for harvest by certain gears, harvesters will be better able to time harvesting activity with more profitable market conditions, thereby creating a positive economic impact for permittees registered in the ITQ fishery.

D(2). It is possible that by allowing additional flexibility, harvesters will be better able to time their activity with market demands, thereby creating a positive economic impact for dealers.

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 Chesapeake Bay ITQ Regulations, Regulatory Staff, Department of Natural Resources, Fishing and Boating Services E-4, 580 Taylor Ave, Annapolis MD 21401, or call 410-260-8300, or complete the comment form at https://dnr.maryland.gov/fisheries/Pages/regulations/changes.aspx#sb. Comments will be accepted through January 4, 2021. A public hearing has not been scheduled.

.07 Commercial Fishery.

A. Chesapeake Bay and Its Tidal Tributaries.

(1)—(2) (text unchanged)

(3) Seasons. [The commercial seasons for taking striped bass are as follows:

(a) The haul seine, and hook and line seasons are June 1 through November 30;

(b) The pound net season is June 1 through December 31; and

(c) The drift gill net season is December 1 through the last day of February.]

(a) The commercial seasons for taking striped bass for permittees registered in the Chesapeake Bay common pool fishery are as follows:

(i) The hook and line season is June 1 through November 30; and

(ii) The drift gill net season is December 1 through the last day of February.

(b) The commercial seasons for taking striped bass for permittees registered in the Chesapeake Bay individual transferrable quota fishery are as follows:

(i) The haul seine season is June 1 through the last day of February;

(ii) The hook and line season is June 1 through December 31;

(iii) The pound net season is June 1 through December 31; and

(iv) The drift gill net season is December 1 through the last day of February.

(4)—(8) (text unchanged)

B. (text unchanged)

C. Drift Gill Net Fishery Limitations.

(1)—(4) (text unchanged)

(5) Except for the last Saturday and Sunday of the month of February, only a permittee registered in the Chesapeake Bay Individual Transferable Quota Fishery may set a drift gill net [may not be set] on Saturday or Sunday.

(6)—(8) (text unchanged)

D. Commercial Hook and Line Fishery Limitations.

(1) Except as provided in [§D(5)] §D(4) of this regulation, a total of two crew members may assist a commercial tidal fish licensee registered in the Chesapeake Bay common pool fishery to catch striped bass with hook and line.

(2) Except as provided in [§D(5)] §D(4) of this regulation, a maximum of 4 individuals, including crew members, may be present on a vessel which is engaged in commercial hook and line fishing in the Chesapeake Bay common pool fishery.

[(3) A person may not catch or attempt to catch striped bass while using commercial hook and line on a Friday, Saturday, or Sunday.]

[(4)] (3) While using commercial hook and line, a person may not catch or attempt to catch striped bass:

(a) In the Chesapeake Bay common pool fishery [between]:

(i) Between 1 hour before sunset and 1 hour before sunrise; or

(ii) At any time on a Friday, Saturday, or Sunday; or

(b) In the Chesapeake Bay individual transferable quota fishery [between]:

(i) Between one hour after sunset and 1 hour before sunrise; or

(ii) At any time on a Saturday or Sunday.

[(5)] (4) (text unchanged)

E. (text unchanged)

F. General.

(1) A commercial tidal fish licensee may not catch striped bass between 6 p.m. Friday and 5 a.m. Monday, except as provided in §§C, D, and E of this regulation.

(2)—(6) (text unchanged)

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.25 Gear

Authority: Natural Resources Article, §§4-215 and 4-221, Annotated Code of Maryland

Notice of Proposed Action

[20-195-P]

The Secretary of Natural Resources proposes to amend Regulation .03 under COMAR 08.02.25 Gear.

Statement of Purpose

The purpose of this action is to implement the circle hook requirement of Addendum VI to Amendment 6 to the Atlantic States Marine Fisheries Commission Atlantic Striped Bass Interstate Fishery Management Plan. The plan requires the mandatory use of non-offset circle hooks when fishing for striped bass with bait. The requirement is for all striped bass recreational fisheries and must be implemented by January 1, 2021. The proposed action reorganizes the regulation so that rules are in the appropriate locations and easier to understand.

The intent of the requirement is to improve post-release survival of striped bass and reduce discard mortality. Discard mortality accounts for a considerable amount of removals in the Atlantic striped bass fishery along the east coast. The latest assessment assumes 9 percent of fish that are released alive die as a result of being caught, although there is some evidence it may be higher, particularly in the summer months.

The use of non-offset circle hooks by anglers targeting striped bass with bait, live or chunk, has been identified as a method to reduce the discard mortality of striped bass in recreational fisheries. The configuration of the hook makes it less likely to fatally hook or “deep hook” a fish when using bait compared with the standard “J” hook. When a circle hook begins to exit the mouth of a fish, the shape causes the shaft to rotate towards the point of resistance and the barb is more likely to embed in the jaw or corner of the fish’s mouth and it is less likely to puncture internal organs if the hook is swallowed.

The proposed action expands the requirements for circle hook use in the Chesapeake Bay and its tidal tributaries. Currently, the rules have specific conditions and only apply during certain times of the year. The proposed action implements a year-round requirement to use a non-offset circle hook if an individual is: a) using bait while fishing for striped bass; b) live-lining; or c) chumming. The proposed action also modifies the time period during May and December that an angler is required to use a circle hook or “J” hook when using bait. This action expands the time period to May 1 through December 31.

The proposed action implements a year-round requirement to use non-offset circle hooks while recreationally fishing for striped bass using bait in the Atlantic Ocean, its coastal bays, and their tidal tributaries. If an individual is fishing for striped bass and using bait, they must use a non-offset circle hook.

Bait is defined in the Code of Maryland Regulations (COMAR 08.02.20.02). The proposed action requires the use of a non-offset circle hook when fishing for striped bass using bait. This means that the proposed rules would apply when an individual is using fish, crabs, or worms as bait, or when an individual is using processed bait.

The Department must implement this requirement to be in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) Atlantic Striped Bass Interstate Fishery Management Plan. The Department will continue its public education and outreach campaign on the benefits of circle hooks when fishing with bait.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Circle Hook Regulations, Regulatory Staff, Maryland Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, B-2, Annapolis, MD 21401, or call 410-260-8300, or complete the form at https://dnr.maryland.gov/fisheries/Pages/regulations/changes.aspx#chks. Comments will be accepted through January 4, 2021. A public hearing has not been scheduled.

.03 Recreational Gear—Tidal Waters.

A. Recreational Gear.

(1)—(3) (text unchanged)

[(4) Chesapeake Bay and Its Tidal Tributaries — March 1 through April 30. A person recreationally angling in the Chesapeake Bay and its tidal tributaries during the period March 1 through April 30:

(a) When using fish, crabs, or worms as bait, or processed bait, shall only use a:

(i) Circle hook; or

(ii) “J” hook with a gap of less than or equal to 1/2 inch between the point and the shank; and

(b) May not use stinger hooks;

(5) Chesapeake Bay and Its Tidal Tributaries — March 1 through March 31. During the period March 1 through March 31:

(a) A person recreationally angling shall only use barbless hooks while trolling; and

(b) No more than six lines, regardless of the number of people on board a vessel, may be used for recreationally angling from a boat when trolling.

(6) Chesapeake Bay and Its Tidal Tributaries — April 1 through April 30. A person recreationally angling in the Chesapeake Bay and its tidal tributaries during the period April 1 through April 30 may not attempt to catch fish by trolling.

(7) Chesapeake Bay and Its Tidal Tributaries — May 16 through December 15.

(a) Except for chumming or live-lining, when using fish, crabs, or worms as bait, or processed bait, a person recreationally angling in the Chesapeake Bay and its tidal tributaries during the period May 16 through December 15 shall only use a:

(i) Circle hook; or

(ii) “J” hook.

(b) When chumming or live-lining, a person recreationally angling in the Chesapeake Bay and its tidal tributaries during the period May 16 through December 15 shall only use a circle hook.]

B. Hook Requirements—Chesapeake Bay and Its Tidal Tributaries.

(1) When chumming or live-lining, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a circle hook.

(2) When fishing for striped bass, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a circle hook when using fish, crabs, or worms as bait, or processed bait.

(3) During the period March 1 through March 31, a person recreationally angling in the Chesapeake Bay or its tidal tributaries:

(a) May not use stinger hooks;

(b) Shall only use barbless hooks while trolling; and

(c) Except as required by §§B(1) and (2) of this regulation, when using fish, crabs, or worms as bait, or processed bait, shall only use a:

(i) Circle hook; or

(ii) “J” hook with a gap of less than or equal to 1/2 inch between the point and the shank.

(4) During the period April 1 through April 30, a person recreationally angling in the Chesapeake Bay or its tidal tributaries:

(a) May not use stinger hooks; and

(b) Except as required by §§B(1) and (2) of this regulation, when using fish, crabs, or worms as bait, or processed bait, shall only use a:

(i) Circle hook; or

(ii) “J” hook with a gap of less than or equal to 1/2 inch between the point and the shank.

(5) During the period May 1 through December 31, except as required by §§B(1) and (2) of this regulation, when using fish, crabs, or worms as bait, or processed bait, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a:

(a) Circle hook; or

(b) “J” hook.

C. Hook Requirements—Atlantic Ocean, Its Coastal Bays, and Their Tributaries. When fishing for striped bass, a person recreationally angling in the Atlantic Ocean, its coastal bays, or their tributaries shall only use a circle hook when using fish, crabs, or worms as bait, or processed bait.

[B.] D. (text unchanged)

[C.] E. Active Line Fishing Gear.

(1) Individuals catching fish in tidal waters may only use the following active line fishing gear:

(a)—(c) (text unchanged)

(2) The gear listed in [§C(1)] §E(1) of this regulation shall be used in a manner in which the individual is handling the gear or actively in control of the gear.

(3) No more than two hook units per line may be used on the gear listed under [§C(1)] §E(1) of this regulation.

(4) (text unchanged)

[(5) Additional restrictions on active line fishing gear may be found at COMAR 08.02.05.02.]

(5) During the period March 1 through March 31, no more than six lines, regardless of the number of people on board a vessel, may be used for recreationally angling from a boat when trolling in the Chesapeake Bay or its tidal tributaries.

(6) During the period April 1 through April 30, a person recreationally angling in the Chesapeake Bay or its tidal tributaries may not attempt to catch fish by trolling.

[D.] F. [G.] I (text unchanged)

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 10 RACING COMMISSION

09.10.03 Prohibited Acts

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Proposed Action

[20-198-P]

The Maryland Racing Commission proposes to amend Regulation .01-1 under COMAR 09.10.03 Prohibited Acts. This action was considered by the Racing Commission at a public meeting held on October 22, 2020.

Statement of Purpose

The purpose of this action is to prohibit a specific medication in a horse’s system during a race. The specific medication is currently allowed in a horse’s system, if below a quantitated amount.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

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 J. Michael Hopkins, Executive Director, Maryland Racing Commission, 300 East Towsontown Blvd., Towson, MD 21286, or call 410-296-9682, or email to mike.hopkins@maryland.gov, or fax to 410-296-9687. Comments will be accepted through January 25, 2021. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland Racing Commission during a public meeting to be held on January 28, 2021, at 12:30 p.m., at Laurel Park, Laurel, MD 20725.

.01-1 Restricted Use of Medications and Other Substances.

A.—D-2. (text unchanged)

[E. Clenbuterol quantitated at not more than 140 picograms per milliliter of urine, or the limit of detection in blood plasma or serum;]

[E-1.] E. (text unchanged)

F.—EE. (text unchanged)

EMMET DAVITT, ESQ.
Chairman
Racing Commission

 

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.31 Maryland Occupational Safety and Health Act — Incorporation by Reference of Federal Standards

Authority: Labor and Employment Article, [§§2-106(b)(4)] §§2-106(b)(5),
5-309(a)(1), and 5-312(b), Annotated Code of Maryland

Notice of Proposed Action

[20-189-P]

The Commissioner of Labor and Industry proposes to adopt, through incorporation by reference under COMAR 09.12.31 Maryland Occupational Safety and Health Act — Incorporation by Reference of Federal Standards, amendments to 29 CFR Parts 1904, 1910, 1915, and 1926, published in 84 FR 21416—21598 (May 14, 2019).

Statement of Purpose

The purpose of this action is to adopt through incorporation by reference 14 revisions to existing standards in the federal Occupational Safety and Health (OSHA) recordkeeping, general industry, shipyard, and construction standards. The Standards Improvement Project (SIP) IV removes or revises outdated, duplicative, unnecessary, and inconsistent requirements in safety and health standards, which will permit better compliance by employers and reduce paperwork burdens without reducing employee protections. The revisions include an update to the previously incorporated by reference consensus standard for signs and devices used to protect workers near automobile traffic, a revision to the requirements for roll-over protective structures to comply with current consensus standards, updates for storage of digital X-rays, and the method of calling emergency services to allow for use of current technology. OSHA is also revising two standards to align with current medical practice: A reduction to the number of necessary employee X-rays and updates to requirements for pulmonary function testing. To protect employee privacy and prevent identity fraud, OSHA is also removing from the standards the requirements that employers include an employee’s social security number (SSN) on exposure monitoring, medical surveillance, and other records.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

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 Mischelle F. Vanreusel, Regulations and Grants Coordinator, Department of Labor, 1100 N. Eutaw Street, Room 600, Baltimore, MD 21202, or call 410-767-2225, or email to Mischelle.vanreusel@maryland.gov, or fax to 410-767-2986. Comments will be accepted through January 4, 2021. A public hearing has not been scheduled.

 

A. In General.

(1)—(19) (text unchanged)

(20) Standards Improvement Project—Phase IV. All amendments and revisions to 29 CFR Parts 1904, 1910, 1915, and 1926 that appear in the Federal Register on May 14, 2019 (84 FR 21416—21598) are adopted by reference.

B.—ZZ-2. (text unchanged)

 

National Fire Protection Association.

(text unchanged)

MATTHEW S. HELMINIAK
Commissioner of Labor and Industry

 

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.31 Maryland Occupational Safety and Health Act — Incorporation by Reference of Federal Standards.

Authority: Labor and Employment Article, [§§2-106(b)(4)] §§2-106(b)(5),
5-309(a)(1), and 5-312(b), Annotated Code of Maryland

Notice of Proposed Action

[20-201-P]

The Commissioner of Labor and Industry proposes to adopt, through incorporation by reference under COMAR 09.12.31 Maryland Occupational Safety and Health Act — Incorporation by Reference of Federal Standards, amendments to 29 CFR Parts 1910, 1915, and 1926, published in 82 FR 24702757 (January 9, 2017), 85 FR 42582—42628 (July 14, 2020), and 85 FR 53910—53999 (August 31, 2020). This action was considered at an open meeting of the Maryland Occupational Safety and Health Advisory Board held on July 26, 2019, notice of which was posted on the Department’s website, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

 

Also at this time, the Commissioner is withdrawing the proposal, published in 47:17 Md. R. 802 (August 14, 2020), to adopt, through incorporation by reference under COMAR 09.12.31 Maryland Occupational Safety and Health Act — Incorporation by Reference of Federal Standards, amendments to 29 CFR Part 1910, published in 82 FR 27352743 (January 9, 2017).

Statement of Purpose

The purpose of this action is to adopt through incorporation by reference the federal final rule, Occupational Exposure to Beryllium, published on January 9, 2017, as amended. This rule was issued to prevent chronic beryllium disease and lung cancer in workers by limiting their exposure to beryllium and beryllium compounds in general industry, construction, and shipyards. The rule was codified in three separate standards at 29 CFR §1910.1024, 29 CFR §1915.1024, and 29 CFR §1926.1124. It establishes a new, lower permissible exposure limit (PEL) for beryllium of 0.2 µg/m3, averaged over 8-hours and a new short-term exposure limit for beryllium of 2.0 µg/m3, over a 15-minute sampling period. It also requires employers to use engineering and work practice controls (such as ventilation or enclosure) to limit worker exposure to beryllium; provide respirators when controls cannot adequately limit exposure; limit worker access to high-exposure areas; develop a written exposure control plan; and train workers on beryllium hazards. Finally, this rule requires employers to make available medical exams to monitor exposed workers and provides medical removal protection to workers identified with a beryllium-related disease. These updated requirements will apply to employers whose workers are exposed to beryllium through operations such as beryllium metal and ceramic production, non-ferrous foundries, and fabrication of beryllium alloy products.

Additionally, this action adopts two subsequent final rules promulgated to clarify and to simplify provisions established by the January 9, 2017 Occupational Exposure to Beryllium rule by amending to provide the following:

(1) Revisions to the Beryllium Standard for General Industry, published on July 14, 2020, by adding a definition, modifying existing terms, and replacing Appendix A; and

(2) The Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors, published August 31, 2020, delays nearly all provisions of the standards in construction and shipyard sectors until August 2021 with the exception of the established exposure limits to beryllium and beryllium compounds.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

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 Mischelle F. Vanreusel, Regulations and Grants Coordinator, Department of Labor, 1100 N. Eutaw Street, Room 600, Baltimore, MD 21202, or call 410-767-2225, or email to Mischelle.vanreusel@maryland.gov, or fax to 410-767-2986. Comments will be accepted through January 4, 2021. A public hearing has not been scheduled.

 

A.—J. (text unchanged)

J-1. Beryllium.

(1) All amendments and revisions to 29 CFR Parts 1910, 1915, and 1926 that appear in the Federal Register on January 9, 2017 (82 FR 2470—2757) “Occupational Exposure to Beryllium” are adopted by reference, as amended.

(2) All amendments and revisions to 29 CFR Part 1910 that appear in the Federal Register on July 14, 2020 (85 FR 42582—42628) “Revising the Beryllium Standard for General Industry” are adopted by reference, as amended.

(3) All amendments and revisions to 29 CFR Parts 1915 and 1926 that appear in the Federal Register on August 31, 2020 (85 FR 53910—53999) “Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors” are adopted by reference, as amended.

[J-1.] J-2. (text unchanged)

[J-2.] J-3. [Butadienne] Butadiene. All amendments and revisions to 29 CFR §§1910.19(1), 1910.1000, and 1910.1051, including Appendices A—F; and 29 CFR 1926, Subpart Z and Appendix A, that appear in the Federal Register on November 4, 1996 (61 FR 56831—56856) are adopted by reference with the changes indicated at 24:4 Md. R. 298. Effective date: April 21, 1997 (24:8 Md. R. 616)

[J-3.] J-4. (text unchanged)

K.—ZZ-2. (text unchanged)

 

National Fire Protection Association.

(text unchanged)

MATTHEW S. HELMINIAK
Commissioner of Labor and Industry

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 04 STATE HIGHWAY ADMINISTRATION

11.04.17 Heavy Weight Port Corridor Permit

Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and (i), 24-109, 24-112, 24-113, and 24-113.3, Annotated Code of Maryland

Notice of Proposed Action

[20-199-P]

The Administrator of the State Highway Administration proposes to amend Regulation .04 under COMAR 11.04.17 Heavy Weight Port Corridor Permit.

Statement of Purpose

The purpose of this action is to add additional routes to those permitted for the Heavy Weight Port Corridor.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Sam Kahl, Deputy Director, Office of Policy and Research, State Highway Administration, 707 North Calvert Street C-412, Baltimore, MD 21202, or call 410-545-0413, or email to SKahl@mdot.maryland.gov. Comments will be accepted through January 4, 2021. A public hearing has not been scheduled.

.04 Routes of Travel.

A. Heavy Weight Port Corridor permits may be issued for the following routes without deviation:

(1) (3) (text unchanged)

(4) Between Seagirt Marine Terminal and Ace Logistics.

(a) From Seagirt Marine Terminal — Seagirt Marine Terminal to left on Broening Highway, Broening Highway to left on Holabird Avenue, Holabird Avenue to Ace Logistics.

(b) From Ace Logistics — Ace Logistics to left on Holabird Avenue, Holabird Avenue to right on Broening Highway, Broening Highway to Seagirt Marine Terminal.

(5) Between Seagirt Marine Terminal and Tradepoint Atlantic with Stop at Ace Logistics.

(a) From Seagirt Marine Terminal — From Seagirt Marine Terminal to Ace Logistics, as described in §A(4)(a) of this regulation, from Ace Logistics to Seagirt Marine Terminal, as described in §A(4)(b) of this regulation, from Seagirt Marine Terminal to Tradepoint Atlantic, as described in §A(1)(a)(i) or (b)(i) of this regulation.

(b) From Tradepoint Atlantic — From Tradepoint Atlantic to Seagirt Marine Terminal, as described in §A(1)(a)(ii) or (b)(ii) of this regulation, from Seagirt Marine Terminal to Ace Logistics, as described in §A(4)(a) of this regulation, from Ace Logistics to Seagirt Marine Terminal, as described in §A(4)(b) of this regulation.

(6) Between Seagirt Marine Terminal and Tradepoint Atlantic with Stop at Ace Logistics and Stop at Belts Centralized Examination State Facility/U.S. Customs Inspection.

(a) From Seagirt Marine Terminal — From Seagirt Marine Terminal to Ace Logistics, as described in §A(4)(a) of this regulation, from Ace Logistics to left on Holabird Avenue, Holabird Avenue to left on Dundalk Avenue, Dundalk Avenue to left on Folcroft Street, Folcroft Street to Belts Centralized Examination Station Facility, from Belts Centralized Examination Station Facility to Tradepoint Atlantic, from Belts Centralized Examination Station Facility to Seagirt Marine Terminal, as described in §A(2)(b) of this regulation, from Seagirt Marine Terminal to Tradepoint Atlantic, as described in §A(1)(a)(i) or (b)(i) of this regulation.

(b) From Tradepoint Atlantic — From Tradepoint Atlantic to Seagirt Marine Terminal, as described in §A(1)(a)(ii) or (b)(ii) of this regulation, from Seagirt Marine Terminal to Ace Logistics, as described in §A(4)(a) of this regulation, from Ace Logistics to Belts Centralized Examination Station Facility, from Ace Logistics to left on Holabird Avenue, Holabird Avenue to left on Dundalk Avenue, Dundalk Avenue to left on Folcroft Street, Folcroft Street to Belts Centralized Examination Station Facility, from Belts Centralized Examination to Seagirt Marine Terminal, as described in §A(2)(b) of this regulation.

B. (text unchanged)

TIM SMITH
Administrator
State Highway Administration

 

Subtitle 15 MOTOR VEHICLE ADMINISTRATION—VEHICLE REGISTRATION

11.15.38 Electronic Lien Recording and Release

Authority: Commercial Law Article, §§12-622 and 12-1024; Transportation Article, §§13-108.1 and 13-610; Annotated Code of Maryland

Notice of Proposed Action

[20-192-P]

The Administrator of the Motor Vehicle Administration proposes to adopt new Regulations .01 — .03 under a new chapter, COMAR 11.15.38 Electronic Lien Recording and Release.

Statement of Purpose

The purpose of this action is to set requirements for the electronic transmission of liens recorded and released on vehicle titles pursuant to the passage of Ch. 411 (H.B. 1033) and Ch. 412 (S.B. 778), Acts of 2020.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Tracey C. Sheffield, Regulations Coordinator, MVA, 6601 Ritchie Highway N.E., Room 200, Glen Burnie, MD 21062, or call 410-768-7545, or email to tsheffield@mdot.state.md.us, or fax to 410-768-7506. Comments will be accepted through January 4, 2021. A public hearing has not been scheduled.

.01 Purpose.

The purpose of this chapter is to govern the electronic transmission of liens recorded and released on vehicle titles.

.02 Definitions.

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

B. Terms Defined.

(1) “Administration” means the Motor Vehicle Administration.

(2) “Motor vehicle lienholder” means a person, or a holder or credit grantor, as defined in Commercial Law Article, that is regularly engaged in the business or practice of financing motor vehicles, including, but not limited to, banking institutions, financial institutions, and dealers regularly engaged in financing vehicles.

(3) “Vendor” means a person who has entered into an agreement with the Administration to provide an electronic system that links the Administration with an authorized participating company, for the purpose of accessing vehicle information and processing lien transactions electronically.

.03 Requirement for an Electronic Lien Release.

A. Effective January 1, 2021, all motor vehicle lienholders shall file electronically with the Administration:

(1) Each of its liens; and

(2) When a lien is paid in full, the lien release within 5 business days after receiving full payment.

B. To file electronically with the Administration, a motor vehicle lienholder shall:

(1) Have an agreement with a vendor approved by the Administration; or

(2) Have an agreement with the Administration to submit the information directly to the Administration through the Administration interface.

CHRISTINE NIZER
Administrator
Motor Vehicle Administration

 

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 08 WATER POLLUTION

26.08.03 Discharge Limitations

Authority: Environment Article, §§9-313―9-316, 9-319, 9-320―9-325, and 9-328, Annotated Code of Maryland

Notice of Proposed Action

[20-190-P]

The Department of the Environment proposes to amend Regulation .01 under COMAR 26.08.03 Discharge Limitations.

Statement of Purpose

The purpose of this action is to designate a new area of the waters of the State as a no discharge zone (NDZ) in the Chester River, where the discharge from Type I and II marine sanitation devices aboard vessels is prohibited.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Heather Barthel, Assistant Director, Maryland Department of the Environment , 1800 Washington Blvd, Baltimore, MD 21230, or call 410-537-3145, or email to heather.barthel@maryland.gov, or fax to 410-537-3874. Comments will be accepted through January 5, 2021. A public hearing has not been scheduled.

.01 Effluent Limitations.

A. (text unchanged)

B. The following areas of the waters of the State are designated as no discharge zones, where the discharge of sewage from vessels is prohibited:

(1) The Herring Bay no discharge zone which encompasses all tidal waters of Herring Bay and its tributaries westerly of a line beginning at a point at or near Holland Point defined by Lat. 38°43’34.9” N., Long 76°31’37.3” W., then running approximately 352° (true) to a point at or near Crab Pile A defined by Lat. 38°46’33.0” N., Long. 76°32’10.1” W., then running approximately 354° (true) to a point at or near the north shore of Parker Creek defined by Lat. 38°46’39.1” N., Long. 76°32’10.8” W; [and]

(2) The Northern Coastal Bays no discharge zone which encompasses all the tidal waters of Ocean City Inlet, Sinepuxent Bay, Isle of Wight Bay, Assawoman Bay, and their tributaries, upstream (West) of a line beginning at a point at or near the east end of the north Ocean City Inlet jetty, defined by Lat. 38°19’27.0” N., Long. 75° 05’ 5.5” W., then running approximately 248° (true) to a point at or near the east end of the south Ocean City Inlet jetty, defined by Lat. 38°19’20.7” N., Long. 75°05’24.8” W., and north of a line across the north end of Sinepuxent Bay beginning at a point at or near the southeast entrance of the Ocean City commercial fish harbor (Swordfish Basin) defined by Lat. 38°19’37.0” N., Long. 75°06’6.0” W., then running approximately 110° (true) to a point at or near the shore at the northwest tip of Assateague Island defined by Lat. 38°19’32.0” N., Long. 75°05’49.0” W., and south of the Maryland-Delaware line beginning at a point at or near the east side of Assawoman Bay defined by Lat. 38°27’4.5” N., Long. 75°04’11.2” W., then running approximately 270° (true) to a point at or near the west side of Assawoman Bay defined by Lat. 38°27’4.4” N., Long. 75°05’09.3” W[.]; and

(3) The Chester River no discharge zone, which encompasses all the tidal waters of the Chester River and its tributaries. The delineation will begin at 39°08′54.48″ N., 76°16′37.11″ W. and extend down to 39°02′23.56″ N., 76°18′8.89″ W. From there it will continue east throughout any navigable waters, including all tributaries and bays. Included within this zone are Lankford Bay, Corsica River, Southeast Creek, and many smaller tributaries.

C. (text unchanged)

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 12 RADIATION MANAGEMENT

Notice of Proposed Action

[20-193-P-I]

The Secretary of the Environment proposes to amend:

(1) Regulation .01 under COMAR 26.12.01 Radiation Protection; and

(2) Regulation .02 under COMAR 26.12.02 Inspection and Certification.

Statement of Purpose

The purpose of this action is to amend COMAR 26.12.01.01, Incorporation by Reference, to incorporate Supplement 30 to (a) add requirements for X-ray security screening; (b) update the records and surveys section, including record retention period; (c) clarify the definition of an authorized provider in the state of Maryland; (d) cover requirements for administrative controls; (e) add procedures for therapeutic administrations; and (f) incorporate a definition for “registered cardiovascular invasive specialist.” Additionally, this action amends COMAR 26.12.02.02, State Certification of Radiation Machines, to include future radiation machine certification expiration dates.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Shannon Page, Chief, Radiation Machines Division, Radiological Health Program, Air and Radiation Administration, Department of the Environment, 1800 Washington Boulevard, Suite 750, Baltimore, MD 21230, or call 410-537-4214, or email to spage@maryland.gov, or fax to 410-537-3198. Comments will be accepted through January 6, 2021. A public hearing has not been scheduled.

The proposed regulation may be viewed on the MDE Web site at https://mde.maryland.gov/programs/Air/RadiologicalHealth/Pages/RegulationsforControlofIonizingRadiation.aspx or at official depository libraries throughout the State. A listing of these depository libraries is available at http://www.dsd.state.md.us/Depositories.html or call 410-974-2486 or 1-800-633-9657.

 

Editor’s Note on Incorporation by Reference

   Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the Regulations for the Control of Ionizing Radiation (1994) Supplement 30 has been declared a document generally available to the public and appropriate for incorporation by reference. For this reason, it will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of this document are filed in special public depositories located throughout the State. A list of these depositories was published in 47:1 Md. R. 9 (January 3, 2020), and is available online at www.dsd.state.md.us. The document may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401. 

 

26.12.01 Radiation Protection

Authority: Environment Article, §§8-106, 8-301, and 8-304, Annotated Code of Maryland

.01 Incorporation by Reference.

All provisions of the “Regulations for the Control of Ionizing Radiation (1994)” as amended by Supplement 1 through Supplement [29] 30 are incorporated by reference.

 

26.12.02 Inspection and Certification

Authority: Environment Article, §§8-104(a), 8-106, 8-301, 8-304, and 8-306, Annotated Code of Maryland

.02 State Certification of Radiation Machines.

A. Applicability. This regulation does not apply to persons using the following radiation machines:

(1) Those used for dental diagnosis or [treatment] screening (machines classified in Group 6);

(2) Those used for veterinary diagnosis or [treatment] screening (machines classified in Group 7);

(3) Those used for mammography diagnostic or screening purposes located in a mammography facility regulated under 21 CFR Part 900 (machines classified in Group 8);

(4) Those used for veterinary dental diagnosis or screening (machines classified in Group 9);

[(4)] (5)—[(5)] (6) (text unchanged)

B. (text unchanged)

C. State Certification Required for Radiation Machines.

(1)—(4) (text unchanged)

(5) Due Dates for State Certification. Due dates for State certification of radiation machines are established according to the Group as set forth in §B of this regulation. These dates are as follows:

 

Certification Due Date

Group 1

Group 2

Group 3

Group 4

Group 5

[July 1, 2010

All1

Odd2

December 31, 2010

All

Odd

Odd

July 1, 2011

All

Even3

December 31, 2011

All

Even

Even

July 1, 2012

All

Odd

December 31, 2012

All

Odd

July 1, 2013

All

Even

December 31, 2013

All

Even

Odd

July 1, 2014

All

Odd

December 31, 2014

All

Odd

Even

July 1, 2015

All

Even

December 31, 2015

All

Even

July 1, 2016

All

Odd

December 31, 2016

All

Odd

Odd]

July 1, 2017

All1

Even3

December 31, 2017

All

Even3

Even3

July 1, 2018

All

Odd2

December 31, 2018

All

Odd2

July 1, 2019

All

Even

December 31, 2019

All

Even

Odd2

July 1, 2020

All

 

 

Odd

 

December 31, 2020

 

All

Odd

 

Even

July 1, 2021

All

 

 

Even

 

December 31, 2021

 

All

Even

 

 

July 1, 2022

All

 

 

Odd

 

December 31, 2022

 

All

Odd

 

Odd

July 1, 2023

All

 

 

Even

 

December 31, 2023

 

All

Even

 

Even

July 1, 2024

All

 

 

Odd

 

December 31, 2024

 

All

Odd

 

 

July 1, 2025

All

 

 

Even

 

December 31, 2025

 

All

Even

 

Odd

July 1, 2026

All

 

 

Odd

 

December 31, 2026

 

All

Odd

 

Even

July 1, 2027

All

 

 

Even

 

December 31, 2027

 

All

Even

 

 

July 1, 2028

All

 

 

Odd

 

December 31, 2028

 

All

Odd

 

Odd

July 1, 2029

All

 

 

Even

 

December 31, 2029

 

All

Even

 

Even

 

1 (text unchanged)

2 “Odd” means facilities with a registration number ending in an odd digit. For such facilities, the certification due date for Group 3 machines shall be as indicated in the table and biennially thereafter beginning December 31, [2010] 2018, the certification due date for Group 4 machines shall be as indicated in the table and biennially thereafter beginning July 1, [2010] 2018, and the certification due date for Group 5 machines shall be as indicated in the table and triennially thereafter beginning December 31, [2010] 2019.

3 “Even” means facilities with a registration number ending in an even digit. For such facilities, the certification due date for Group 3 machines shall be as indicated in the table and biennially thereafter beginning December 31, [2011] 2017, the certification due date for Group 4 machines shall be as indicated in the table and biennially thereafter beginning July 1, [2011] 2017, and the certification due date for Group 5 machines shall be as indicated in the table and triennially thereafter beginning December 31, [2011] 2017.

D.—E. (text unchanged)

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Title 28
OFFICE OF ADMINISTRATIVE HEARINGS

Subtitle 02 RULES OF PROCEDURE

28.02.01 Rules of Procedure

Authority: State Government Article, §§9-1604, 9-1607, 10-205, 10-206,
10-210, 10-212.1, 10-216, 10-217, and 10-220, Annotated Code of Maryland

Notice of Proposed Action

[20-196-P]

The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH) proposes to amend Regulations .02—.05, .10, .11, .13, .14, .16, .18—.21, and .23 under COMAR 28.02.01 Rules of Procedure.

Statement of Purpose

     The purpose of this action is to make substantive changes and additions to the regulations to facilitate remote hearings by incorporating current agency practices and implementing new practices deemed necessary and appropriate. The substantive changes are summarized below.

 

     Specific Changes: Subtitle 02, Chapter 01 — Rules of Procedure:

 

     Definitions

     Regulation .02B— Amends to:

          (1) Expand the definition of “office proceedings” to include any remote proceeding conducted by audio and/or audiovisual means consistent with current practice.

          (2) Add a definition of a “remote proceeding.”

 

     Transmittal of Request for Hearing

     Regulation .03B — Adopts:

          (1) A requirement to include a telephone number and email address on an initial hearing request.

          (2) A requirement that a requestor indicate whether the requestor consents to electronic notice. (See Chapter 518 of Session Law, effective October 1, 2020).

     Regulation 03E — Adopts a requirement that a party notify the Office of a change in email address or telephone number.

 

     Filing

     Regulation .04D — Amends the procedure for filing a pleading to clarify that when a pleading is received via email, it is filed.

 

     Notice

     Regulation .05 — Amends:

          (1) The required content of the notice by adding remote proceeding locations.

          (2) The method of giving notice to allow for electronic notice with the parties’ consent.

 

     Service

     Regulation .10B — Amends to adopt a provision stating that parties may consent to pleadings and other documents being served electronically.

 

Powers and Duties of ALJs

     Regulation .11B — Amends to clarify an ALJ’s authority to convene any office proceeding remotely.

 

     Discovery

     Regulation .13C — Amends to clarify that ALJs have broad authority to issue orders regarding discovery, including orders requiring that discovery be produced electronically.

 

     Subpoenas

     Regulation .14 — Amends to:

          (1) Require the parties to provide email and telephone contact information, if available, for a subpoenaed witness.

          (2) Adopt a provision that allows parties and the Office to serve subpoenas electronically.

 

     Postponements

     Regulation .16B — Amends to reflect current practice of allowing postponements requests via email to OAH postponement box.

 

     Alternative Dispute Resolution

     Regulation .18D — Amends to adopt procedures to ensure the confidentiality of a remote alternative dispute resolution proceeding.

 

     Proceedings Open to the Public; Recording Devices

     Regulation .19C — Amends to:

          (1) Clarify that the ALJ’s authority to remove disorderly persons from the proceedings applies to remote proceedings.

          (2) Clarify that the ALJ’s authority to restrict attendance based on physical limitations applies to remote proceedings.

 

     Conduct of Hearings, Waivers

     Regulation .20 — Amends to:

          (1) Alter heading to include remote proceeding language.

          (2) Clarify that the ALJ may allow all or some portion of an Office proceeding to be conducted via a combination of in-person, telephonic and/or audio-visual platforms.

          (3) Clarify the factors that are relevant to the establishment of good cause.

          (4) Clarify that the ALJ may require documentary evidence for audio or audio-visual proceedings to be filed electronically and organized as ordered by the ALJ.

 

     Evidence; Burden of Proof

     Regulation .21F — Adopts new procedure for prefiled direct testimony.

 

     Failure to Attend or Participate in a Hearing, Conference, or Other Proceeding; Default

     Regulation .23 — Adopts new procedure to:

          (1) Address failure to appear after consent to receive electronic notice.

          (2) Address failure to appear by both parties to a proceeding and establishing that the party bearing the burden of proof will be deemed to be the defaulting party.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Denise Shaffer, Director of Quality Assurance, Office of Administrative Hearings, 11101 Gilroy Road, Hunt Valley, MD 21031, or call 410-229-4174, or email to denise.shaffer@maryland.gov, or fax to 410-229-4244. Comments will be accepted through January 4, 2021. A public hearing has not been scheduled.

.02 Definitions

A. (text unchanged)

B. Terms Defined.

(1)—(12) (text unchanged)

(13) “Office proceeding” means any type or stage of legal process, remote or in person, scheduled by the Office.

(14)—(16) (text unchanged)

(17) “Remote proceeding” means any Office proceeding conducted in whole or part by telephone or other audio means, by video or other audio-visual means, or by a combination of in-person, audio, and audio-visual means.

.03 Transmittal of Request for Hearing

A. (text unchanged)

B. A hearing request shall include and be accompanied by the following:

(1)—(2) (text unchanged)

(3) The email address and phone number of the person requesting the hearing or an affirmative statement that this information is not available;

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

(5) An affirmative statement that the person requesting the hearing consents or declines to consent to electronic delivery of notice to the email address provided to the Office.

[(4)] (6)—[(5)] (7) (text unchanged)

C.—D. (text unchanged)

E. During the pendency of an action, a party shall notify the Office of a change in [their] the party’s mailing address, email address, and phone number.

.04 Commencement of Case; Computation of Time; Filing.

A.—C. (text unchanged)

D. Filing. Unless otherwise provided by law:

(1) (text unchanged)

(2) Other pleadings are deemed to be filed on the earliest of the date on which they are:

(a) Addressed to the Office and postmarked; [or]

(b) [Received] With the permission of and in compliance with an order issued by an ALJ, emailed to and received by the Office; [and] or

(c) Received by the Office; and

(3) Non-postmarked documents delivered or electronically transmitted to the Office after the close of Office business hours are deemed to be filed on the next day on which the Office is open for business.

.05 Notice.

A. (text unchanged)

B. A hearing notice provided by the Office shall contain:

(1) The nature of the hearing and the date, time, [place, and nature of the hearing] and physical address, remote URL location and meeting number, or telephone number;

(2)—(7) (text unchanged)

C. Method of Giving Notice.

(1) Except as otherwise required by law, a notice issued by the Office shall be sent to the parties by United States mail, by personal delivery, by courier delivery at their addresses on record with the Office, or, with the consent of the party, electronically.

(2)—(3) (text unchanged)

.10 Service.

A. (text unchanged)

B. Unless otherwise required by law, service on other parties may be made:

(1) (text unchanged)

(2) By personal or courier delivery; [or]

(3) Electronically; or

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

C. (text unchanged)

.11 Powers and Duties of ALJs.

A. (text unchanged)

B. An ALJ has the power to regulate the course of the hearing and the conduct of the parties and authorized representatives, including the power to:

(1)—(10) (text unchanged)

(11) Require the parties to participate in remote proceedings unless a party establishes good cause for an in-person proceeding as provided by Regulation .20B of this chapter;

[(11)] (12)—[(13)] (14) (text unchanged)

C. (text unchanged)

.13 Discovery.

A.—B. (text unchanged)

C. Orders Regarding Discovery.

(1) On motion by the parties or on the ALJ’s own initiative, an ALJ may enter an order establishing reasonable limits on the scope of discovery, the method of delivery of discovery, and such other orders regarding discovery as the ALJ determines to be just.

(2) Orders regarding discovery may include, but are not limited to, orders regarding expert testimony pursuant to Regulation .21D of this chapter and orders governing the electronic exchange of exhibits.

D.—F. (text unchanged)

.14 Subpoenas.

A. (text unchanged)

B. Requests.

(1)—(2) (text unchanged)

(3) A request for a subpoena shall specify the:

(a) Name and full address of the person to be subpoenaed; [and]

(b) The email address and phone number of the person to be subpoenaed or an affirmative statement that this information is not available; and

[(b)] (c) (text unchanged)

(4)—(6) (text unchanged)

C. Delivery of Subpoenas.

(1) Subpoenas may be served:

(a)—(b) (text unchanged)

(c) If served by the Office, by United States mail, electronic delivery, personal delivery, or courier delivery.

(2)—(6) (text unchanged)

D.—F. (text unchanged)

.16 Postponements.

A. Except as provided in §D of this regulation, a request for postponement shall be made in writing [and filed with the Office] not fewer than 5 days before the scheduled hearing.

B. [Documentation of the reasons for the postponement shall be required from the party making the request.] A postponement request shall be served on all parties and may be filed by:

(1) United States mail;

(2) Personal or courier delivery;

(3) Facsimile to (410) 229-4266; or

(4) Email to oah.postponements@maryland.gov.

C.—E. (text unchanged)

.18 Alternative Dispute Resolution.

A.—C. (text unchanged)

D. Confidentiality of Alternative Dispute Resolution Proceedings.

(1)—(2) (text unchanged)

(3) Alternative dispute resolution proceedings, in whole or in part, may not be recorded electronically, captured through a screen shot, or preserved in any other manner.

(4) Parties participating in a remote alternative dispute resolution proceeding shall consent to an Agreement to Mediate Remotely, allow the mediator to sign the Agreement to Mediate Remotely on their behalf, and agree to participate from a private space that ensures the confidentiality of the alternative dispute resolution proceeding.

[(4)] (5) (text unchanged)

.19 Proceedings Open to the Public; Recording Devices.

A.—B. (text unchanged)

C. The ALJ may:

(1) Remove individuals whose conduct impedes the orderly progress of the remote or in-person hearing; and

(2) Restrict attendance because of physical or technical limitations of the remote or in-person hearing room.

D. (text unchanged)

.20 Conduct of Hearings; Remote Proceedings, Waivers.

A. (text unchanged)

B. [Audio and Audio Visual] Remote Proceedings.

(1) Subject to §B(2) of this regulation, and at the request of a party or on the ALJ’s initiative, all or part of a proceeding may be conducted by:

(a) Telephone or other audio means, if all parties have an opportunity to participate in [and hear] the entire proceeding; [or]

(b) Video or other audio-visual means, if all parties have an opportunity to participate in[, hear, and see] the entire proceeding[.]; or

(c) A combination of in-person, telephone or other audio means, and video or other audio-visual means, if all parties have an opportunity to fully participate in the entire proceeding.

(2) Exceptions.

(a)—(b) (text unchanged)

(c) Good cause for an in-person proceeding may include, but is not limited to, a party needing an interpreter or other accommodation that cannot be provided remotely, or a party being unable to access the internet or a device suitable for remote conferencing.

(3) Rights. All substantive and procedural rights apply to [audio or audio visual hearings] remote proceedings, subject only to the limitations of the physical and technological arrangements.

(4) [Documentary] Evidence. Except for proceedings involving the Inmate Grievance Office, if the Office grants a request or issues a notice for [an audio or audio visual] a remote proceeding, at least 10 days before the proceeding, or as ordered by the ALJ, a party shall disclose all documentary, photographic, and other evidence the party plans to offer at the proceeding by:

(a) [Filing] Delivering one set of copies [with] to the Office; [and]

(b) Serving one set of copies on the other party or parties[.]; and

(c) Complying with an ALJ’s order requiring documentary evidence to be filed electronically.

(5) When a party electronically files a video or audio file, the party shall also submit the file to the Office on electronic storage media.

C. (text unchanged)

.21 Evidence; Burden of Proof.

A.—E. (text unchanged)

F. Prefiled Direct Testimony

(1) [In the discretion of an ALJ] At the request of a party or on the ALJ’s initiative, direct testimony may be received in [written form] writing in either question and answer or narrative format.

(2) The testimony shall be under oath or affirmation and be filed and served on all other parties as ordered by the ALJ or, in the absence of an order, not later than 10 days before the hearings.

(3) Any party who submits prefiled testimony shall ensure that the witness is available, either remotely or in-person, for cross-examination at the hearing.

(4) The filing of prefiled direct testimony does not preclude any party from presenting rebuttal testimony.

G.—K. (text unchanged)

.23 Failure to Attend or Participate in a Hearing, Conference, or Other Proceeding; Default.

A. If, after receiving proper notice as provided in Regulation .05C of this chapter, a party fails to attend or participate, either personally or through a representative, in a prehearing conference, hearing, or other stage of a proceeding, the ALJ may proceed in that party’s absence or may, in accordance with the hearing authority delegated by the agency, issue a final or proposed default order against the defaulting party.

B. If after receiving proper notice as provided in Regulation .05C of this chapter, a party fails to attend or participate, either personally or through a representative, in a prehearing conference hearing, or other stage of proceeding, the ALJ may issue a default order against the party that bears the burden of proof.

[B.] C.—[C.] D. (text unchanged)

CHUNG K. PAK
Chief Administrative Law Judge

 

Title 30
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

Subtitle 03 EMS OPERATIONAL PROGRAMS

30.03.06 Base Stations

Authority: Education Article, §§13-509, 13-510, and 13-516, Annotated Code of Maryland

Notice of Proposed Action

[20-200-P]

The Maryland Emergency Medical Services Board proposes to amend Regulations .01 and .02 under COMAR 30.03.06 Base Stations. This action was considered at its regularly scheduled meeting on October 13, 2020.

Statement of Purpose

The purpose of this action is to endorse the hospitals’ expectation that information they are providing the Health Information Exchange will be transmitted to MIEMSS for the purpose of developing a Statewide emergency department surveillance system.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Andrew Naumann, Director of Regional Programs, MIEMSS, 653 West Pratt St., Baltimore, MD 21201, or call 443-500-5093, or email to anaumann@miemss.org. Comments will be accepted through January 4, 2021. A public hearing has not been scheduled.

.01 Scope and Definitions.

A. (text unchanged)

B. Definitions.

(1) (text unchanged)

(2) Terms Defined.

(a)—(d) (text unchanged)

(e) “State-Designated Health Information Exchange” means the State-Designated Health Information Exchange described in Health-General Article, §19-143, Annotated Code of Maryland.

.02 Base Stations in General.

An EMS base station designated by MIEMSS shall:

A.—D. (text unchanged)

E. Monitor and [respond] provide timely responses to MEMRAD;

E-1. Provide admission/discharge/transfer messages to MIEMSS through the State-Designated Health Information Exchange;

F.—K. (text unchanged)

THEODORE DELBRIDGE, M.D.
Executive Director

 

 

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

Subject: Public Meeting

Date and Time: December 14, 2020, 2 — 3 p.m.

Place: Via videoconference—please see details below.

Add’l. Info: In response to Governor Hogan’s Executive Order Number 20-03-30-01 (Stay-at-Home Order) and other applicable emergency orders, this meeting will be held via videoconference. Directions for access will be provided on the State Collection Agency Licensing Board website, http://www.labor.maryland.gov/finance/collagboard.shtml, prior to the meeting.

Contact: Devki Dave  (410) 230-6019

[20-25-12]

 

FIRE PREVENTION COMMISSION

Subject: Public Meeting

Date and Time: December 10, 2020, 9:30 a.m.

Place: Mount Airy Volunteer Fire Co., 702 N. Main St., Lower Rear Entrance, Mt. Airy, MD

Add’l. Info: Portions of the meeting may be held in closed session. The Governor’s protocols on mask wearing and social distancing will be in place. Check the Commission’s website for any meeting updates or cancellation.

     https://mdsp.maryland.gov/Organization/Pages/StateFirePreventionCommission.aspx

Contact: Heidi Ritchie (877) 890-0199

[20-25-11]

 

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Subject: Public Meeting

Date and Time: December 17, 2020, 10 a.m. — 12 p.m.

Place: Via livestream link—please see details below.

Add’l. Info: Due to COVID-19 the meeting will be conducted via live stream on the agency’s website at https://www.mdgaming.com/commission/meeting-minutes-documents/

Contact: Kathy Lingo (410) 230-8790

[20-25-08]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: December 17, 2020, 1 — 4 p.m.

Place: Via virtual meeting — please see details below.

Add’l. Info: This is a virtual meeting held via GoToMeeting. Please register at www.mhcc.Maryland.gov under Meeting Schedule.

Contact: Valerie Wooding (410) 764-3570

[20-25-07]

 

BOARD OF REVENUE ESTIMATES

Subject: Public Hearing

Date and Time: December 11, 2020, 1 — 2 p.m.

Place: Virtual hearing — please see details below.

Add’l. Info: The Board Meeting will be streamed live on the Comptroller’s Facebook page starting at 1 p.m. on December 11, 2020.

Contact: Kynara Fogan (410) 260-7450

[20-25-10]

 

RICA-ROCKVILLE CITIZENS’ ADVISORY BOARD MEETINGS

Subject: Public Meeting

Date and Time: December 17, 2020, 6:15 p.m.; Additional Dates: Third Thursday of February, April, June, October, and December at 6:15 p.m.

Place: The Regional Institute for Children and Adolescents (JLG-RICA), 15000 Broschart Rd., Rockville, MD

Add’l. Info: Please refer to our website at health.maryland,gov/jlgrica/Pages/home.aspx for the meeting agenda for the Citizens’ Advisory Board Meetings.

Contact: Kenneth Basler (301) 251-6924

[20-25-03]

 

MARYLAND DEPARTMENT OF TRANSPORTATION

Subject: Public Hearing

Date and Time: December 14, 2020, 10 a.m.

Place: MDOT Headquarters, 7201 Corporate Center Dr., Hanover, MD

Add’l. Info: The Maryland Board of Airport Zoning Appeals (BAZA) will hold a hearing via Teleconference Monday, December 14, 2020. The hearing will begin at 10:00 a.m. The public call-in number is +1 443-409-5228; Conference ID: 425 410 148#. The Board will hear the following case(s):

Docket Number 421

Elite Engineering, LLC is proposing to construct a single-family dwelling at 7215 Ridge Road, Hanover, Maryland. This location is approximately 5,400 feet northwest of Runway 10 at Baltimore Washington Thurgood Marshall International Airport (BWI Marshall). The proposed structure is to be located within the 65 Ldn Noise Zone for the BWI Marshall Airport. The proposed land use at this location is found to be incompatible with the certified Airport Noise Zone. The Maryland Airport Noise Control Program Regulations (COMAR 11.03.03) enables the proponent to seek a variance from the Board of Airport Zoning Appeals (BAZA) to this regulation. The petition for the case has been received from the appellant. Therefore, the Maryland Aviation Administration requests to present BAZA Case #421 to the Board of Airport Zoning Appeals Monday, December 14, 2020 at 10:00 a.m.

Appropriate auxiliary aids and services for qualified individuals with disabilities will be provided upon request. Please call 410-865-1233 (voice) or MD Relay (TTY Users).

Contact: Deborah Mahoney-Fowler (410) 865-1233

[20-25-13]

 

NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY

Subject: Public Meetings Notice Procedure

Add’l. Info: The Authority gives notice of meetings by posting a notice on its website under the section entitled “Press Releases/Notices” and at the entrance of its offices. Notice is hereby given that the Authority’s website address is nmwda.org; its offices are located at Tower II, Suite 402, 100 S. Charles Street, Baltimore, Maryland. Notice is also hereby given that portions of Authority meetings may be held in closed session.

Contact: Kimberly Gordon (410) 333-2730

[20-25-09]

 

BOARD OF WATERWORKS AND WASTE SYSTEMS OPERATORS

Subject: Public Meeting

Date and Time: December 17, 2020, 10 a.m. — 2 p.m.

Place: Maryland Dept. of the Environment, 1800 Washington Blvd., Baltimore, MD

Add’l. Info: A portion of this meeting may be held in closed session.

Contact: Dee Settar (410) 537-4162

[20-25-05]

 

BOARD OF WELL DRILLERS

Subject: Public Meeting

Date and Time: December 16, 2020, 9 a.m. — 1 p.m.

Place: Maryland Dept. of the Environment, 1800 Washington Blvd., Baltimore, MD

Add’l. Info: A portion of this meeting may be held in closed session.

Contact: Dee Settar (410) 537-4162

[20-25-04]

 

GOVERNOR’S WORKFORCE DEVELOPMENT BOARD

Subject: Public Meeting

Date and Time: December 9, 2020, 3:30 — 5:30 p.m.

Place: Meeting will be held remotely — please see details below.

Add’l. Info: GWDB Quarterly Meeting

Join with Google Meets: meet.google.com/dfi-kzby-jgd.

Join by Phone: 1-337-548-0349 PIN: 929 598 947#

Contact: Darla Henson (410) 767-2408

[20-25-06]