Notices of Public Hearing (Published 02/16/2024)

Administration and Finance, Executive Office of
801 CMR 4.00

NOTICE OF PUBLIC HEARING

Notice is hereby given pursuant to M.G.L. c. 30A, §2 that the Executive Office of Administration and Finance, along with Board of Registration in Pharmacy within the Department of Public Health, will hold a public hearing on amendments to the following regulations: 801 CMR 4.02 (247): Fees for Licenses, Permits, and Services to be Charged by State Agencies

The proposed amendments will establish the fees for initial and renewal licensure of pharmacies licensed by the Board of Registration in Pharmacy.

 The public hearing will be held at 1:00 p.m. on Wednesday, February 28, 2024. The hearing will be conducted on a moderated conference call. The information for the moderated conference call is:

Dial-in Telephone Number: 1-888-455-9763
Participant Passcode: 1180513

A copy of the proposed amendments to 801 CMR 4.02 (247) may be viewed on the Department’s website at https://www.mass.gov/service-details/proposed-regulations-and-amendments-department-of-public-health or requested from the Office of the General Counsel by calling 617-624-5220.

 Speakers who testify at the public hearing are requested to provide a copy of their oral testimony. The Department encourages all interested parties to submit testimony electronically to the following address: Reg.Testimony@mass.gov, or by mail to William Anderson, Office of the General Counsel, Department of Public Health, 250 Washington Street, Boston, MA 02108. All submissions must include the sender’s full name and address. When electronically submitting comments, type “BORP Regulations” in the subject line and attach a Word document with your comments or type your comments in the body of your email. All submissions must include the sender’s full name and address.

The Department will post all testimony that complies with these instructions on its website. All comments must be submitted by 5:00 p.m. on Wednesday, February 28, 2024. All comments received by the Department may be released in response to a request for public records.  

If you are deaf or hard of hearing, or are a person with a disability who requires accommodation, please contact Alex Gomez at least 5 days before the hearing at Tel # 617-624-5928, Fax # 617-624-5075, email Alex.Gomez@mass.gov, or TTY # 617-624-6001.

CMR No: 801 CMR 4.02 (247) Rates (Board of Registration in Pharmacy)
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  A search of the SBA website for businesses with the 446110 NAICS code showed two (2) pharmacies registered as small businesses in Massachusetts. According to the records of the Board of Registration in Pharmacy (“Board”), there are currently 1137 retail pharmacies in Massachusetts, of which 219 are independent (non-chain) and most likely to qualify as small businesses. Additionally, it is anticipated some of the non-resident pharmacies may be small businesses.

• Will small businesses have to create, file, or issue additional reports?

  No. The proposed amendment establishes fees to apply and renew new pharmacy license types required pursuant to pharmacy reform legislation (St.2014, c.159), codified at M.G.L. c. 112, §§ 39 – 39J. The proposed amendment does not require small businesses to create, file or issue additional reports.

• Will small businesses have to provide additional administrative oversight?

  No. The proposed amendment establishes fees to apply and renew new pharmacy license types required pursuant to pharmacy reform legislation (St.2014, c.159), codified at M.G.L. c. 112, §§ 39 – 39J. The proposed amendment does not require small businesses to provide additional administrative oversight.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No. The proposed amendment establishes fees to apply and renew new pharmacy license types required pursuant to pharmacy reform legislation (St.2014, c.159), codified at M.G.L. c. 112, §§ 39 – 39J. The proposed amendment does not require small businesses to hire additional employees.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer,
  accountant, engineer, etc.)?

  No. The proposed amendment establishes fees to apply and renew new pharmacy license types required pursuant to pharmacy reform legislation (St.2014, c.159), codified at M.G.L. c. 112, §§ 39 – 39J. The proposed amendment does not require small businesses to hire other professionals.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. The proposed amendment establishes fees to apply and renew new pharmacy license types required pursuant to pharmacy reform legislation (St.2014, c.159), codified at M.G.L. c. 112, §§ 39 – 39J. The proposed amendment does not require small businesses to purchase a product or make any other capital investments.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  No. (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.) The proposed amendment establishes fees to apply and renew new pharmacy license types required pursuant to pharmacy reform legislation (St.2014, c.159), codified at M.G.L. c. 112, §§ 39 – 39J.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No. There is no other state agency that licenses the operation of a pharmacy or pharmacy compounding in the Commonwealth.
  The Department of Public Health (DPH), Bureau of Health Care Safety and Quality, oversees licensure of hospitals and clinics, which includes pharmacy operations within those licensed facilities. See 105 CMR 130.00 and 105 CMR 140.00. The Board's jurisdiction, purusant to M.G.L. c. 112, § 39I, over institutional pharmacies is limited to sterile compounding and does not overlap or duplicate DPH regulations.
  The federal Food, Drug and Cosmetic Act, 21 USC 353a, also regulates the practice of pharmacy compounding. The proposed changes do not conflict with federal law.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  No. The proposed amendment establishes fees to apply and renew new pharmacy license types required pursuant to pharmacy reform legislation (St.2014, c.159), codified at M.G.L. c. 112, §§ 39 – 39J. The proposed amendment does not require small businesses to cooperate with audits, inspections or other regulatory enforcement activities.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No. The proposed amendment establishes fees to apply and renew new pharmacy license types required pursuant to pharmacy reform legislation (St.2014, c.159), codified at M.G.L. c. 112, §§ 39 – 39J. The proposed amendment does not require small businesses to provide educational services.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. Small businesses that operate pharmacies are already accustomed to having to apply for licensure and comply with state regulations and procedures. The new requirement that non-resident pharmacies also apply for licensure and conform to Massachusetts regulations will improve business conditions for instate pharmacies by placing non-resident pharmacies on equal footing.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  Yes. Small businesses that operate pharmacies are already accustomed to having to apply for licensure and comply with state regulations and procedures. The new requirement that non-resident pharmacies also apply for licensure and conform to Massachusetts regulations will improve business conditions for in-state pharmacies by placing non-resident pharmacies on equal footing

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. The proposed amendment establishes fees to apply and renew new pharmacy license types required pursuant to pharmacy reform legislation (St.2014, c.159), codified at M.G.L. c. 112, §§ 39 – 39J. The proposed amendment does not set reporting requirements.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. The proposed amendment establishes fees to apply and renew new pharmacy license types required pursuant to pharmacy reform legislation (St.2014, c.159), codified at M.G.L. c. 112, §§ 39 – 39J. The proposed amendment does not set compliance schedules requirements.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. The proposed amendment establishes fees to apply and renew new pharmacy license types required pursuant to pharmacy reform legislation (St.2014, c.159), codified at M.G.L. c. 112, §§ 39 – 39J. The proposed amendment does not set compliance schedules or requirements.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The proposed amendment establishes fees to apply and renew new pharmacy license types required pursuant to pharmacy reform legislation (St.2014, c.159), codified at M.G.L. c. 112, §§ 39 – 39J. The proposed amendment does not set compliance schedules or requirements.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. The proposed amendment establishes fees to apply and renew new pharmacy license types required pursuant to pharmacy reform legislation (St.2014, c.159), codified at M.G.L. c. 112, §§ 39 – 39J. The proposed amendment does not set compliance schedules or requirements.

Gaming Commission, Massachusetts
205 CMR 16.00 & 221.0

NOTICE OF PUBLIC HEARING

Notice is hereby provided that in accordance with G.L. c. 30A § 2, the Massachusetts Gaming Commission (“Commission”) will convene a public hearing for purposes of gathering comments, ideas, and information relative to the proposed adoption of regulations. The regulations were promulgated pursuant to G.L. c. 23N § 4, as part of the Commission’s regulatory process, and concern the following regulations:

205 CMR 16.00: Procedures for the Approval of a Simulcast-Only Facility

The proposed regulation would govern the process by which the Commission receives, reviews, and evaluates requests for approval by a licensed simulcast entity to simulcast at a new location. The regulation is particularly concerned with input from the community or communities where the proposed facility will be located.

205 CMR 221.00: Sports Wagering License

This regulation is being amended to fix an apparent conflict between 205 CMR 221.01(1) and (2) that would require operators requesting a renewal of their temporary license to pay $1,000,000 upon requesting the renewed license, and another $1,000,000 within 30 days after receiving it. This revision clarifies that the operator needs to submit the $1,000,000 fee only once.

Scheduled hearing date and time:
Tuesday, March 5, 2024, at 9:30 AM EST

Given the unprecedented circumstances, Governor Charles Baker issued an order to provide limited relief from certain provisions of the Open Meeting Law to protect the health and safety of the public and individuals interested in attending public meetings during the global Coronavirus pandemic. In keeping with the guidance provided, the Commission will conduct this hearing utilizing remote collaboration technology.

CONFERENCE CALL NUMBER: 1-646-741-5292
PARTICIPANT CODE: 112 030 2345

Comments must be received by 5:00 PM EST on March 4, 2024. Additionally, please find the accompanying Small Business Impact Statements in accordance with M.G.L. c. 30A, § 2 attached.

Health and Human Services, Executive Office of
101 CMR 348.00

NOTICE OF PUBLIC HEARING

Under the authority of M.G.L. c. 118E and in accordance with M.G.L. c. 30A, the Executive Office of Health and Human Services (EOHHS) will hold a remote public hearing on Friday, February 23, 2024, at 11:00 a.m., relative to the adoption of amendments to the following regulation.

101 CMR 348.00: Rates for Day Habilitation Services 

Regulation 101 CMR 348.00 governs the rates to be paid for day habilitation (DH) programs. EOHHS proposes to remove the current acuity (low, moderate, and high need) and rate structure (per diem, half per diem, and quarter per diem) for the DH program. EOHHS proposes to establish a four-acuity-level rate structure (Levels 1 through 4) to align appropriate services and rates with the needs of an increasingly acute patient population.

In addition to the proposed rates for Levels 1 through 4, EOHHS proposes to eliminate the current rate structure for services provided at a nursing facility and establish rates for all levels of nursing facility services at the same rates as those proposed for acuity Level 4 services. There is no utilization to date for these nursing facility services, and no fiscal impact is expected as a result of this proposed amendment. These rate regulations will be aligned with 130 CMR 419.000: Day Habilitation Center Services. 

The proposed amendment updates rates effective for dates of service on or after July 1, 2024. There is no fiscal impact on cities and towns.

To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings.
To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted. 

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any.
Individuals who are unable to submit testimony by email should mail written testimony to:
EOHHS, c/o D. Briggs
100 Hancock Street, 6th Floor
Quincy, MA 02171.
Written testimony will be accepted through 5:00 p.m. Friday, February 23, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services. 

To review the current draft of the proposed regulation, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171. 

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847-3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.

EOHHS may adopt a revised version of the proposed regulation taking into account relevant comments and any other practical alternatives that come to its attention.

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings.
February 2, 2024

Health and Human Services, Executive Office of
101 CMR 413.00

NOTICE OF PUBLIC HEARING

Under the authority of M.G.L. c. 118E and in accordance with M.G.L. c. 30A, the Executive Office of Health and Human Services (EOHHS) will hold a remote public hearing on Friday, February 23, 2024, at 2:00 p.m. relative to the adoption of amendments to the following regulation.

101 CMR 413.00: Payments for Youth Intermediate-term Stabilization Services

The proposed regulation contains rates effective for dates of service on or after January 1, 2024. There is no fiscal impact on cities and towns.

Pursuant to M.G.L. Chapter 118E, Section 13D, EOHHS is required to establish and biennially review rates to be paid by governmental units to providers of social service programs. In accordance with this requirement, the rates for youth intermediate-term stabilization services are being updated to include an increase by cost adjustment factor (CAF) of 2.71%. The CAF was determined by using baseline and prospective Massachusetts Economic Indicator data from IHS Economics – Spring 2023 Forecast, optimistic scenario data. The CAF reflects the period between the rates’ base period (calendar year 2023 Q4) and the prospective period of calendar years 2024 and 2025. As part of the workforce initiative, all staff salaries have been benchmarked to the Massachusetts Bureau of Labor Statistics (BLS) median wages as dated May 2022 at the 53rd percentile. The tax and fringe rate has been benchmarked to 27.38% and the administrative allocation has been benchmarked to 12%.

The total estimated FY24 annualized cost to state government from the increase in rates established by these proposed amendments is $8,425,434, which represents an increase of 20.71% over FY23 spending of approximately $40.6 million. These costs will not be realized until January 1, 2024, at which point the FY24 fiscal impact to state government will be approximately $4.2M for the increase to existing rates. The increase in spending in FY24 will be covered through a combination of the Chapter 257 Reserve Account and the purchasing agency’s FY24 budget.

Additionally, certain congregate care rates are being updated to reflect the intended rates effective July 1, 2023. These rates were included in the previous public hearing on these regulations, but were not incorporated into the final version of the rate due to a technical error in the filing process. Note: The fiscal impact of these congregate care updates has already been accounted for in the previous regulatory amendment process, and no further state costs will be incurred. 

To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings.
To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted. 

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any.
Individuals who are unable to submit testimony by email should mail written testimony to:
EOHHS, c/o D. Briggs
100 Hancock Street, 6th Floor
Quincy, MA 02171.
Written testimony will be accepted through 5:00 p.m. Friday, February 23, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services. 

To review the current draft of the proposed regulation, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171.
To view or download related supporting materials, go to www.mass.gov/service-details/proposed-regulations-supporting-materials.

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847-3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.

EOHHS may adopt a revised version of the proposed regulation taking into account relevant comments and any other practical alternatives that come to its attention.

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings.
February 2, 2024

CMR No: 101 CMR 348.00
Small Business Impact Statement

• Estimate of the number of small businesses subject to the proposed regulation:

  150 Day Habilitation Providers

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The regulation is required by statute under MGL Chapter 118E, Section 13D, and establishes the specific rates to be paid by governmental units for day habilitation (DH) services.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No regulations duplicate or conflict with the proposed regulation.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  Yes. This regulation does require that providers periodically file cost data, which is required in order for EOHHS to develop and establish rates for providers of DH services.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts, as it establishes rates by which providers of DH services are to be paid when purchased by governmental units.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts, as it establishes rates by which providers of DH services are to be paid when purchased by governmental units.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. The regulation contains uniform requirements for the reporting of cost data to EOHHS in order to enable EOHHS to develop rates that are reasonable and adequate to meet the costs that are incurred by efficiently and economically operated DH providers, as required of EOHHS by statute.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. The regulation contains uniform requirements for the reporting of cost data to EOHHS in order to enable EOHHS to develop rates that are reasonable and adequate to meet the costs that are incurred by efficiently and economically operated DH providers, as required of EOHHS by statute.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. This regulation does not consolidate or simplify compliance or reporting requirements for small businesses. The cost reporting requirements are applied uniformly to all DH providers in order for EOHHS to develop rates for DH services.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. This regulation is in accordance with EOHHS’s statutory obligation under MGL Chapter 118E, Section 13D, to establish, by regulation, the rates to be paid by governmental units to providers of DH services.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. The regulation does not have an adverse impact on small businesses. It establishes uniform rates to be paid by governmental units to providers of DH services, as required by statute.

101 CMR 413.00: Payments for Youth Intermediate-term Stabilization Services
Small Business Impact Statement 

• Estimate of the number of small businesses subject to the proposed regulation:

  19

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The regulation is required by statute under M.G.L. Chapter 118E, Section 13D, and establishes the specific rates to be paid by governmental units for certain social service programs.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No regulations duplicate or conflict with this regulation.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  Yes. The regulation requires providers to periodically file cost data. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when purchased by governmental units.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when purchased by governmental units.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. The time frame for cost reporting is applied uniformly to all providers to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. The agency did not consolidate or simplify compliance or reporting requirements for small businesses. The requirement to report cost data to EOHHS is applied uniformly to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The establishment of rates for certain social service providers by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. The regulation does not have an adverse impact on small businesses. The regulation establishes rates by which certain social service providers are to be paid when services are purchased by governmental units. The establishment of rates for these social services by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.

Marine Fisheries, Division of
322 CMR 6.00, 7.00, 8.00 & 16.00

Notice of Public Hearing and Comment Period:
Proposals to Adjust Commercial Striped Bass, Summer Flounder, Whelk, Horseshoe Crab, Smooth Dogfish, Menhaden, Mackerel, Groundfish, Permitting, and Shellfish Regulations

Under the provisions of G.L. c. 30A and pursuant to the authority found at G.L. c. 130 §§ 17A, 80 and 104, the Division of Marine Fisheries (DMF) is taking public comment on a series of proposed regulatory amendments to 322 CMR 6.00, 7.00, 8.00, and 16.00. The draft regulations outlined below affect commercial fisheries for striped bass, whelk, summer flounder, horseshoe crabs, smooth dogfish, menhaden, mackerel, and groundfish; the display and transferability of commercial fishing permits; and the sanitary harvest and handling of shellfish. Full text of the regulations may be found on DMF’s website along with additional relevant background information.

Public Hearing and Comment Schedule 

DMF will accept written public comment through 5PM on Friday, March 8, 2023. Please submit written comments to Director Daniel McKiernan by e-mail (marine.fish@mass.gov). Additionally, DMF will host two in-person public hearings.

Wednesday, February 28, 2024 5PM Admiral’s Hall at MA Maritime 1 Academy Drive Buzzards Bay, MA

Thursday, February 29, 2024 5PM DMF’s Annisquam River Field Station 30 Emerson Avenue Gloucester, MA

Proposed Regulatory Amendments

Commercial Striped Bass Management (322 CMR 6.07).

• Adjust the number and sequence of commercial striped bass open fishing days in response to a recently approved 14% reduction in the commercial striped bass quota. The preferred option is to go from a Monday/Tuesday/Wednesday open fishing day schedule to a Tuesday/Wednesday schedule.
• Improve enforcement and compliance with trip limits and open fishing days by requiring the commercial fisher and primary buyer be present at the primary sale; require fish be tagged by the primary buyer immediately upon purchase; and explicitly prohibit the possession and sale of fish unlawfully taken in an other jurisdiction.

Whelk Size at Harvest (322 CMR 6.21). Stay whelk gauge increases for a period of three years. This will delay the pending 2024 increase until 2027 and have all subsequently scheduled increases follow every three years thereafter.

Commercial Summer Flounder Trip Limits (322 CMR 6.22).
In response to a 56% reduction in the annual commercial summer flounder quota:

• Reduce the Period I (January 1 – April 22) trip limit from 10,000 pounds to 5,000 pounds.
• Establish a trigger to automatically adjust the Period II (April 23 – December 31) trip limits based on quota use:
• For net fishers, the trip limit would be reduced from 600 pounds to 400 pounds if 75% of the annual quota is caught before August 31 or increase the trip limit on September 1 to 800 pounds if more than 75% of the quota remains on August 31.
• Foor hook fishers, the trip limit would be reduced from 400 pounds to 200 pounds if 75% of the annual quota is caught before August 31 or increase the trip limit on September 1 to 800 pounds if more than 75% of the quota remains after August 31.
• Should more than 5% of the quota remain on September 1, the trip limit will be 5,000 pounds.

Horseshoe Crab Conservation and Management (322 CMR 6.34).

• To enhance horseshoe crab conservation prohibit all harvest during the period of April 15 – June 7 to protect spawning crabs.
• Complement existing federal harvest closures within the boundaries of the Monomoy National Wildlife Refuge and the Cape Cod National Seashore.
• Establish a 300 horseshoe crab trip limit for all bait fishers. This trip limit may automatically increase to 400 horseshoe crabs on August 1 if more than 50% of the quota remains available after July 31 or be automatically reduced to 200 horseshoe crabs should more than 80% of the annual quota be taken before September 15.

Smooth Dogfish Trip Limit (322 CMR 6.37). To enhance quota utilization, increase the smooth dogfish trip limit from 100 pounds to 300 pounds.

Commercial Menhaden Season and Trip Limits (322 CMR 6.43). In response to recent quota utilization:

• Open the directed commercial purse seine fishery on June 1, rather than June 15.
• Amend triggers to automatically adjust trip limits based on quota use so that:
• If 50% of the quota is taken before July 1, then the trip limit is reduced to 6,000 pounds through June 30 and then increases 25,000 pounds on July 1.
• If less than 50% of the quota is harvested by September 1, then the trip limit remains at 120,000 pounds for the remainder of the year.
• If more than 50% but less than 90% of the quota is harvested by September 1, then the trip limit remains at 25,000 pounds for the remainder of the year.
• Maintain purse seining prohibitions on Fridays, Saturdays, and Sundays during any period when the trip limit is at 120,000 pounds.
• Consider additional measures to better control user group conflicts in Boston Harbor.

State Waters Trip Limit for Atlantic Mackerel (322 CMR 6.44). To complement adjustments to federal trip limits, establish a state-waters trip limit of 5,000 pounds until 80% of the quota is taken and 2,500 pounds thereafter. Exempt from this trip limit are federally permitted vessels transiting through Massachusetts state waters for the purpose of landing fish.

Commercial Permit Display (322 CMR 7.01). Allow for the electronic display of commercial fishing permits, as these permits may now be issued and renewed through an online system. 

Permit Transferability (322 CMR 7.01, 7.03, 7.06). To enhance the transferability of certain commercial fishing permits and clarify existing permit transfer standards:

• Update the definition of the term “immediate family” to more clearly reflect modern family structures (e.g., step family, adoptive family).
• Allow the transfer of latent Coastal Lobster Permits and regulated fishery permit endorsements to immediate family.
• Eliminate outdated references to waiting lists for Coastal Lobster Permits.
• Allow regulated fishery permit endorsements for black sea bass, tautog, and summer flounder to be transferred if actively fished for two out of the past five years, rather than four out of the past five years.

Commercial Groundfish (322 CMR 8.05). Reduce the spatial extent of the May commercial groundfish closure is Massachusetts Bay by moving its southern boundary from Boston (42°20’N) to Nahant (42°30’N). 

Sanitary Harvest of Shellfish (322 CMR 16.00). Amend several regulations governing the sanitary harvest of shellfish in Massachusetts:

• Clarify any icing of shellfish must use ice from a potable water source.
• Allow the primary sale of shellfish to occur at the landing site, a wholesale dealer facility, or a municipally managed site approved by the DMF Director.
• Adopt a state wide prohibition on the nighttime harvest of shellfish to backstop municipal rules.
• Make clear that the most specific alpha-numeric sequence for the shellfish growing area where commercial product is harvested (including any decimals) must appear on the shellfish harvester tag.
• Waive icing requirements for commercial oyster fishers during the Vp Season if icing is taken on by the wholesale dealer at the landing site provided primary purchase occurs within two hours of the time of harvest.
• Adopt less prescriptive standards for harvester icing during the Vp Season requiring only that shellfish or bags of shellfish be continuously and completely covered with ice, consistent with the language in Massachusetts’ FDA-approved Vp Control Plan.

CMR No: 322 CMR 6.00, 7.00, 8.00 & 16.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5)

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  In 2023, DMF issues 7,880 commercial fishing permits. Each of these permit holders may be impacted by these draft regulations. The extent of the impact is dependent on the fisheries they participate in. The most impact will be to hand harvesters of horseshoe crabs and data shows there are about 30 hand harvesters active in the horseshoe crab fishery in any given year.

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. DMF regulations control the harvest of marine species to comply with federal law, manage statequotas and protect the environment. Performance standards are not appropriate without individual transferable quotas allocated to individual fishermen. Managing state-waters fisheries with individual quotas would have negative economic impacts across the seafood industry.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  No. All audits and inspections are done in accordance with M.G.L. c. 130. No additional inspections are required under this amendment.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No. DMF does not anticipate the proposed regulations will require small businesses to provide educational services to keep up to date with regulatory requirements

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.  The proposed regulations are not likely to deter the formation of fishing businesses in Massachusetts. However, existing businesses who target horseshoe crabs or handle horseshoe crabs for bait purposes may be adversely affected by the proposed horseshoe crab spawning closure.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  Yes. DMF is liberalizing its permit transfer rules to encourage new entrants into the commercial fishing industry and to allow fishers to obtain more robust permit portfolios so that they are better diversified.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.  

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.  

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.  

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. Operational standards are needed for consistent and clear notification, enforcement, and compliance.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. Operational standards are needed for consistent and clear notification, enforcement, and compliance.

Medical Assistance, Division of
130 CMR 419.000

NOTICE OF PUBLIC HEARING

Under the authority of M.G.L. c. 6A, section 16 and in accordance with M.G.L. c. 30A, the Division of Medical Assistance (the Division) will hold a remote public hearing on Friday, February 16, 2024, at 10:00 am relative to the emergency adoption of amendments to the following regulation.

130 CMR 419.000: Day Habilitation Center Services

The regulation went into effect as an emergency on January 19, 2024. There is no fiscal impact on cities and towns.

 The proposed amendments to 130 CMR 419.000 update, clarify, and reorder day habilitation program regulations to:

• Add transportation services and requirements for providing those services;
• Add record keeping requirements for transportation services provided to members; and
• Clarify and update definitions to reflect the above changes. These program regulations will be aligned with 101 CMR 348.00: Rates for Day Habilitation Services.

These program regulations will be aligned with 101 CMR 348.00: Rates for Day Habilitation Services.

To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings.
To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted. 

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to masshealthpublicnotice@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any.
Individuals who are unable to submit testimony by email should mail written testimony to:
EOHHS, c/o D. Briggs
100 Hancock Street, 6th Floor
Quincy, MA 02171.
Written testimony will be accepted through 5:00 p.m. on February 16, 2024. The Division specifically invites comments as to how the amendments may affect beneficiary access to care.

To review the current draft of the proposed regulation, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171. 

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847-3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.

The Division may adopt a final, revised version of the emergency regulation taking into account relevant comments and any other practical alternatives that come to its attention.

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings.
January 26, 2024

CMR No: 130 CMR 419.000
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5)

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  160 Day Habilitation Providers

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. This regulation does not mandate purchasing a product or making other investments.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The purpose of the regulation is to establish MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for day habilitation services.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  Yes, this regulation does require small businesses to cooperate with audits, inspections or other regulatory enforcement activities. This requirement is applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No. This regulation does not require small businesses to provide educational services to keep up to date with the regulatory requirements.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. The regulation is not likely to deter the formation of small businesses in Massachusetts as this regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for day habilitation services.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No. The regulation is not likely to encourage the formation of small businesses in Massachusetts as this regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for day habilitation services.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  N/A. This regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for day habilitation services. Any compliance and reporting requirements are applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  N/A. This regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for day habilitation services. Any schedules or deadlines for compliance or reporting requirements are applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  N/A. This regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for day habilitation services. Compliance and reporting requirements are applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  N/A. This regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for day habilitation services.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. The regulation does not have an adverse impact on small businesses. The regulation establishes MassHealth provider eligibility, member eligibility, clinical authorization process and criteria for MassHealth payment, and conditions of payment for day habilitation services. This regulation is applied uniformly to all providers to enable EOHHS and MassHealth to ensure program integrity and efficient and appropriate provision of services.

Public Health, Department of
 105 CMR 222.000

NOTICE OF PUBLIC HEARING

Notice is hereby given pursuant to M.G.L. c. 30A, §2, that the Department of Public Health will hold a public hearing on the amendment of 105 CMR 222: Massachusetts immunization information system. The public hearing will be held virtually on Friday, March 15, 2024, at 10:00 a.m. as a moderated conference call. The information for the conference call is below:

Dial in Telephone Number: 1-888-390-5183
Participant Passcode: 1968518

Speakers are requested to provide a copy of their oral testimony. The Department encourages all interested parties to submit testimony electronically to the following address: reg.testimony@mass.gov. Please submit electronic testimony as an attached Word document or as text within the body of an email and type “105 CMR 222 Regulation” in the subject line. All submissions must include the sender’s full name and address. The Department will post all electronic testimony that complies with these instructions on its website. Parties who are unable to submit electronic testimony should mail submissions to William Anderson, Office of the General Counsel, Department of Public Health, 250 Washington Street, Boston, MA 02108. All written or oral comments submitted to the Department may be posted on the Department’s website and released in response to a request for public records. All testimony must be submitted by 5:00 p.m. on Friday, March 15, 2024.

A copy of the proposed amendments may be viewed on the Department’s website or obtained from the Office of the General Counsel at 617-624-5220.

If you are deaf or hard of hearing, or are a person with a disability who requires accommodation, please contact Sofie Daley at least 5 days before the hearing at sofie.daley@mass.gov.

CMR No: 105 CMR 222.000: Massachusetts Immunization Information System
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2 and  )

• Estimate of the Number of Small Businesses Impacted by the Regulation

  The number of Physician Offices potentially subject to the regulation is difficult to calculate because they are not licensed as such. According to the web site of the Board of Registration in Medicine, there are approximately 27,845 physicians with a full, active license and business address in MA, some of whom practice in independent offices that might qualify as small businesses but generally do not self-report as small businesses. The Board of Registration in Pharmacy, reports there are approximately 277 independent (non –chain) pharmacies most likely to qualify small businesses. These amendments should have little impact as these pharmacies have been subject to these regulations since 2015.

• Will small businesses have to create, file, or issue additional reports?

  No. Amending this regulation will not result in any additional or new reporting requirements.

• Will small businesses have to implement additional recordkeeping procedures?

  No. Amending this regulation will not result in any additional or new recordkeeping procedures.

• Will small businesses have to provide additional administrative oversight?

  No. Amending this regulation will not necessitate additional administrative oversight.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No. Amending this regulation will not necessitate additional employees

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No. Amending this regulation will not necessitate the hiring of other professionals.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. Amending this regulation will not require any purchase or investment by small businesses.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?
  

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No.  Performance standards would not be appropriate to accomplish the regulatory objective.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No. There are no other regulations in Massachusetts that oversee an immunization information system.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  No. Amending this regulation will have no impact on small business in Massachusetts, and therefore will not require small businesses to cooperate with audits, inspections, or other enforcement activities.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No. There are no educational service requirements in this regulation pertaining to small businesses other than those implemented in 2015. Any necessary technical assistance is provided by the Immunization Division staff at the Bureau of Infectious Disease and Laboratory Sciences.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. Amending this regulation will have no impact on small business in Massachusetts and is not likely to deter the formation of small businesses.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No. Amending this regulation will have no impact on small business in Massachusetts and is not likely to encourage the formation of small businesses.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. Amending this regulation will have no impact on small business in Massachusetts, and these amendments therefore do not establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. Amending this regulation will have no impact on small business in Massachusetts, and these amendments therefore do not establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. Amending this regulation will have no impact on small business in Massachusetts.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. Amending this regulation will have no impact on small business in Massachusetts, and therefore performance standards for small businesses would not be an appropriate replacement for these proposed amendments.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. Amending this regulation will have no impact on small business in Massachusetts.

State 911 Department
560 CMR 5.00

NOTICE OF PUBLIC HEARING

Notice is hereby provided that in accordance with M.G.L. c. 30A, §2, the Massachusetts State 911 Department will hold a public hearing for purposes of gathering comments relative to proposed amendments to:

560 CMR 5 .00: ESTABLISHING CERTIFICATION REQUIREMENTS FOR ENHANCED 911 TELECOMMUNICA TORS, GOVERNING EMERGENCY MEDICAL DISPATCH, AND ESTABLISHING 911 CALL HANDLING PROCEDURES.

The proposed amended regulations are to effectuate the implementation of pertinent sections of Chapter 177 of the Acts of 2022. Section 81 of Chapter 177 provides: "SECTION 81. The State 911 Department shall update 560 CMR 5.00 to integrate training on identification of and response to callers experiencing behavioral health crises, which may include crisis intervention training and training on the appropriate diversion of people with behavioral health conditions away from law enforcement response to appropriate behavioral health treatment and support, into the certification standards for certified enhanced 911 telecommunicators."

In order to integrate changes contained in Chapter 1 77, we have added a definition for Behavioral Health Crisis. We have also updated 560 CMR 5.04, requiring training for new and existing telecommunicators in identifying and responding to callers experiencing behavioral health crises in accordance with the statutory mandate.

The Massachusetts State 911 Department will hold this public hearing at 151 Campanelli Drive, Suite A, Middleborough, MA 02346 on Thursday, February 29, 2024, at 10:00 a.m. A copy of the proposed amendments referenced above may be downloaded by visiting www.mass.gov/org /state-91 I-department. Anyone wishing to offer comments may participate in the public hearing at the designated date and time above or submit written comments. Those who wish to receive a written copy of the proposed amendments, or to submit written comments, may do so by sending an email to denn is.j.kirwan@mass.gov, or by mail to Dennis J. Kirwan, General Counsel, Massachusetts State 911 Department, 151 Campanelli Drive, Suite A, Middleborough, MA 02346. Written comments must be received by 4:00 p.m. on March 11, 2024.

Additionally, attached please find the accompanying Small Business Impact Statement in accordance with M.G.L. c. 30A, §2.

560 CMR 5.00
Small Business Impact Statement

The Massachusetts State 911 Department ("Department") hereby files this small business impact statement in accordance with G.L. c.30A, §2 relative to the proposed amendments in 560 CMR 5.00: ESTABLISHING CERTIFICATION REQUIREMENTS FOR ENHANCED 911 TELECOMMUNICATORS, GOVERNING EMERGENCY MEDICAL DISPATCH, AND ESTABLISHING 911 CALL HANDLING PROCEDURES.

The proposed amended regulations a~e to effectuate the implementation of pertinent sections of Chapter 177 of the Acts of 2022. Section 81 of Chapter 177 provides: "SECTION 81. The State 911 Department shall update 560 CMR 5.00 to integrate training on identification of and response to callers experiencing behavioral health crises, which may include crisis intervention training and training on the appropriate diversion of people with behavioral health conditions away from law enforcement response to appropriate behavioral health treatment and support, into the certification standards for certified enhanced 911 telecommunicators."

 In order to integrate changes contained in Chapter 177, we have added a definition for Behavioral Health Crisis. We have also updated 560 CMR 5.04, requiring training for new and existing telecommunicators in identifying and responding to callers experiencing behavioral health crises in accordance with the statutory mandate. These regulations are governed by M.G.L. c. 6A, § 18B.

In accordance with G.L. c.30A, §2, the Department offers the following responses:

• Estimate of the number of small businesses subject to the proposed regulation:

  None.

• Projected reporting, recordkeeping and other administrative costs required for compliance with the proposed regulation;

  There are no projected additional reporting, record keeping or administrative costs created by these regulations that would affect small businesses.

• State the appropriateness of performance standards versus design standards:

  These regulations do not implicate a design or performance standard that would affect small businesses.

• Identify regulations of the promulgating agency, or of another agency or department of the commonwealth, which may duplicate or conflict with the proposed regulation:

  The Department is not aware of duplicate or conflicting regulations.

• State whether the proposed regulation is likely to deter or encourage the formation of new businesses in the commonwealth:

  These regulations are not likely to deter or encourage the formation of new businesses in the Commonwealth.