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January 29, 2003
as posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING

Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #03-03
PROPOSED RULE NUMBER: 2003-P13
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 1:30 p.m., February 21, 2003, Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: February 21, 2003
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 29, Multi-family Development and Supportive Housing Loans and Grants Rule
PROPOSED RULE NUMBER: 2003-P14
CONCISE SUMMARY: MSHA is amending the Multi-family Development and Supportive Housing Loans and Grants rule to (1) clarify that the rule does not apply when MSHA does not obtain a mortgage; and (2) permit MSHA to use less cumbersome standards when MSHA is lending money short term for land acquisition or when MSHA's mortgage is undercollaterized.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4722(l) and 4741(1)
PUBLIC HEARING: Tuesday, February 18, 2003, 9:30 a.m., Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: February 28, 2003, 5:00 p.m.
AGENCY CONTACT PERSON: Linda Sears Uhl, Chief Counsel
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Funding Source for Certain Legal Aliens
PROPOSED RULE NUMBER: 2003-P15
CONCISE SUMMARY: On May 13, 2002, President Bush signed Public Law 107-171, which included the Food Stamp Program reauthorization. This proposed rule is a result of that law. Effective April 1, 2003, those individuals who are legal and qualified aliens, and otherwise eligible for the Food Stamp program, will be eligible to receive federal funding for these benefits. Currently these individuals are receiving benefits using state funds. This rule changes only the funding source. Some households currently receive two separate packets of stamps if some of its household members are state funded and some are federally funded. Those mixed funded households that become totally federally funded will now get only one packet of stamps. In such mixed funded households, income is budgeted to the individual that receives it and allowable expenses are budgeted to the individual that incurs/pays the expense. Those households that were mixed funded and who become totally federally funded may experience a change in the total household benefit.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: February 28, 2003.
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 155, Portable Fuel Container Spillage Control
PROPOSED RULE NUMBER: 2003-P16
CONCISE SUMMARY: The Department is proposing to adopt a rule requiring, beginning January 1, 2004, all portable fuel containers sold, or manufactured, in Maine must be equipped with an automatic shut-off device that stops fuel flow before the fuel tank overflows and an automatic device that closes and seals when it is removed from the fuel tank. In addition, portable fuel containers must be constructed of low-permeability materials. Spill-proof spouts in conjunction with low-permeability container materials significantly lessen the possibility of gasoline spillage and reduce emissions. The proposed rule applies to all portable fuel containers or spouts, or both, except: 1) containers with a capacity of less than or equal to 1 quart; 2) rapid refueling devices with capacities equal to or greater than 4 gallons, provided they are designed for use in officially sanctioned off-road motorcycle competitions; and 3) safety cans and portable marine fuel tanks that operate in conjunction with outboard motors.
Copies of these rules are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency Contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585 and 585-A
PUBLIC HEARING: February 20, 2003
1:30 p.m., Holiday Inn, Augusta Maine
DEADLINE FOR COMMENTS: March 8, 2003
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Amendment to Ch. 41, Special Restrictions on Pesticide Use
PROPOSED RULE NUMBER: 2003-P17
CONCISE SUMMARY: The Board is proposing to restrict the sale and use of aquatic herbicides by requiring that the products are only sold by restricted use pesticide dealers who only sell them to licensed pesticide applicators. The dealer would also be required to keep records of these sales and provide each purchaser with a disclosure statement alerting them that an aquatic discharge permit is required from the Department of Environmental Protection before any application may be made to any surface waters of the State or any private ponds that may flow into such a body of water at any time of the year.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8051 et seq., 7 MRSA 601-625 and 22 MRSA 1471-A-X.
PUBLIC HEARING: 9:30 a.m. on Friday, February 21, 2003 in the Embassy Room at the Senator Inn & Spa, 284 Western Avenue, Augusta
DEADLINE FOR COMMENTS: 4:00 p.m. on Friday, March 7, 2003
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731
FAX: (207) 287-7548
EMAIL: robert.batteese@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/rules.htm


ADOPTIONS

AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 140, Uniform System of Accounts for Gas Utilities
ADOPTED RULE NUMBER: 2003-27
CONCISE SUMMARY: To specify and clarify annual reporting requirements for natural gas utilities and to establish that natural gas utilities may request confidential treatment for sensitive competitive information contained in the annual report.
EFFECTIVE DATE: January 22, 2003
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 26, Producer Margins
ADOPTED RULE NUMBER: 2003-28
CONCISE SUMMARY: To identify the cost of producing milk in Maine based on a study of Maine conditions.
EFFECTIVE DATE: January 22, 2003
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 61, Maine Milk Pool: Cost of Administration
ADOPTED RULE NUMBER: 2003-30
CONCISE SUMMARY: These amendments to the Maine Milk Pool Cost of Administration Rule, Ch. #61 were proposed to reflect the estimated administrative costs of operating the Pool for calendar year 2003.
EFFECTIVE DATE: January 27, 2003
AGENCY CONTACT PERSON:
NAME: Stanley Millay, Pool Administrator, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 16-222 - Bureau of Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 4, Motor Carrier Safety Rules.
ADOPTED RULE NUMBER: 2003-31
CONCISE SUMMARY: Due to the recent sustained cold and a forecast for more of the same, Maine is experiencing a 30% increase in degree-days from last year, thus usage of home heating fuels is up. The outlook for at least the next 15 days is below average cold. Bangor International Airport has requested that deliveries of jet fuel be tripled immediately for National defense purposes. Heavy snowfall in the southern and coastal portions of the state have made it very time consuming for delivery drivers to get to tanks for home deliveries. The State continues to experience an extreme shortage of qualified drivers particularly in the petroleum products field. Warm weather of the past three winters has caused a lack of demand for seasonal and temporary drivers. These temporary drivers have found work elsewhere. Increased qualification requirements and extensive training requirements further inhibits the ability of the petroleum marketers to add staff at critical times. Loading time at the racks is increased due to trucks making more trips in an effort to meet the increased demand. As a result, the Bureau of State Police is adopting an emergency rule which amends 49 CFR 395.3(a)(1) and 49 CFR 395.3(b)(1) as follows: The emergency rule will increase the allowable number of hours of service in Sec. 395.3(b)(1) from 60 to 72 hours in 7 consecutive days for transport and home heating fuel delivery trucks in intrastate operations. It will extend the driving time in Sec. 395.3(a)(1) from 10 to 12 hours driving time following 8 consecutive hours off duty for transport and home heating fuel delivery trucks in intrastate operations. The emergency rule will increase the allowable number of hours of service in Sec. 395.3(b)(1) from 60 to 72 hours in 7 consecutive days for transport trucks delivering jet fuel to Bangor International Airport in intrastate operations. It will extend the driving time in Sec. 395.3(a)(1) from 10 to 12 hours driving time following 8 consecutive hours off duty for transport trucks delivering jet fuel to Bangor International Airport in intrastate operations.
EFFECTIVE DATE: January 22, 2003
AGENCY CONTACT PERSON: John Fraser
AGENCY NAME: Maine State Police
ADDRESS: # 20 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8939


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 870, Labeling of Mercury-Added Products
ADOPTED RULE NUMBER: 2003-32
CONCISE SUMMARY: The Board of Environmental Protection has amended Ch. 870 of its rules. Ch. 870 sets forth standards for labeling mercury-added products. The purpose of the label is to inform consumers and waste handlers that the item contains mercury and may not be discarded in the trash. Primary responsibility for labeling rests with the product manufacturer. The board adopted Ch. 870 on January 4, 2001 and amended it on January 2, 2003. The rule was amended to:
* Incorporate a change in the statutory definition of "mercury-added product" under 38 MRSA 1661(1);
* Clarify that mercury-added button batteries and lamps do not need to be labeled;
* Allow manufacturers to take advantage of the one-stop administrative services of the Interstate Mercury Education and Reduction Clearinghouse and thereby avoid the need to file separate labeling plans in each state that requires labeling of mercury-added products; and
* Incorporate new statutory language on labeling of motor vehicles that have mercury-added components.
EFFECTIVE DATE: January 28, 2003
AGENCY CONTACT: John James, Department of Environmental Protection - BRWM, 17 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7866


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