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Weekly Rulemaking Notices Contact Us Find It

March 26, 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

(Expanded notice -- hearing details added)
AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 9, Rules Governing Driver Education
PROPOSED RULE NUMBER: 2003-P40
CONCISE SUMMARY: This amendment changes the maximum number of classroom instruction hours that may be provided daily and weekly by a driver education provider.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA 153
PUBLIC HEARING: April 11, 2003, 8:30-10 a.m., Bureau of Motor Vehicles - Executive Conference Room, Hospital Street, Augusta, ME 04333
DEADLINE FOR COMMENTS: April 21, 2003
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-9092


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 29, Dealer Margins
PROPOSED RULE NUMBER: 2003-P48
CONCISE SUMMARY: The Maine Milk Commission will bold a hearing to adjust Dealer Margins.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954
PUBLIC HEARING: 1:30 p.m., Friday, April 18, 2003, Room 233, Department of Agriculture - Deering Building, Hospital Street Augusta, Maine 04333
DEADLINE FOR COMMENTS:
PREFILE: April 18, 2003
COMMENT PERIOD: April 28, 2003
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building, Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 16-219 - Office of State Fire Marshal
RULE TITLE OR SUBJECT: Rules of the State Fire Marshal
PROPOSED RULE NUMBER: 2003-P49 through 2003-P53, 2003-P57 through 2003-P68
CONCISE SUMMARY: The following changes are proposed:
Ch. 1, Fee Schedules - Fee increase for Review and Permitting for Sprinkler Systems
Ch. 25, Repeal of State of Maine document and adoption of incorporated references:
NFPA # 1123, Code for Fireworks Displays, 2000 edition;
NFPA # 1124, Code for the Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles, 2003 edition;
NFPA # 1122, Code for Model Rocketry, 2002 edition
Ch. 29, Increase in liability insurance requirement
Ch. 34, Rules and Regulations for Flammable and Combustible Liquids: Repeal of State of Maine document for Flammable and Combustible Liquids and adoption of incorporated references:
NFPA # 30, Flammable and Combustible Liquids Code, 2000 edition;
NFPA # 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2000 edition;
NFPA # 30B, Code for the Manufacture and Storage of Aerosol Products, 2002 edition; and
NFPA # 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, 2000 edition.
Ch. 4, Sprinkler Systems, revision of State of Maine requirements
Incorporated Reference Updates:
Ch. 3, Fire Prevention Code:
NFPA # 1, Fire Prevention Code, 2003 edition
Ch. 4, Sprinkler Systems:
NFPA # 13, Standard for the Installation of Sprinkler Systems, 2002 edition
NFPA # 13D, Standard for the Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes, 2002 edition
NFPA # 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and including Four Stories in Height, 2002 edition
NFPA # 14, Standard for the Installation of Standpipe, Private Hydrants and Hose Systems, 2003 edition
NFPA # 16, Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems, 2003 edition
NFPA # 22, Standard for Water Tanks for Private Fire Protection, 2003 edition
NFPA # 24, Standard for the Installation of Private Fire Service Mains and their Appurtenances, 2002 edition
NFPA # 25, Standard for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems, 2002 edition
NFPA # 318, Standard for the Protection of Clean Rooms, 2002 edition
NFPA # 750, Standard on Water Mist Fire Protection Systems, 2003 edition
Ch. 5, Fire Extinguishers
NFPA # 10, Standard for Portable Fire Extinguishers, 2002 edition
Ch. 6, Fire Extinguishing Systems
NFPA # 11, Standard for Low Expansion Extinguishing Systems, 2002 edition
NFPA # 17, Standard for Dry Chemical Extinguishing Systems, 2002 edition
NFPA # 17A, Standard for Wet Chemical Extinguishing Systems, 2002 edition
Ch. 10, Stationary Combustion Engines and Gas Turbines
NFPA # 37, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines, 2002 edition
Ch. 11, Bulk Oxygen Systems
NFPA # 50, Standard for Bulk Oxygen Systems, 2001 edition
Ch. 13, Welding, Cutting and Allied Processes and Acetylene Cylinder Charging Plants
NFPA # 51, Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting and Allied Processes, 2002 edition
NFPA # 51A, Standard for Acetylene Cylinder Charging Plants, 2001 edition
Ch. 14, National Fuel Gas Code
NFPA # 54, National Fuel Gas Code, 2002 edition
Ch. 15, Fire Protection Rules for Medical Facilities and Equipment
NFPA # 99, Standard for Health Care Facilities, 2002 edition
NFPA # 99B, Standard for Hyporbaric Facilities, 2002 edition
NFPA # 110, Standard for Emergency and Standby Power Systems, 2002 edition
Ch. 17, National Fire Alarm Code
NFPA # 72, National Fire Alarm Code, 2002 edition
Ch. 18, Lightning Protection Code
NFPA # 780, Standard for the Installation of Lightning Protection Systems, 2000 edition
Ch. 22, Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances
NFPA # 211, Standard for Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances, 2003 edition
Ch. 32, Standard for the Fire Protection of Storage
NFPA # 230, Standard for the Fire Protection of Storage, 2003 edition
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 25 MRSA 2452
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: April 24, 2003
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052


AGENCY: 16-219 - Office of State Fire Marshal
RULE TITLE OR SUBJECT: Ch. 20, Code for Safety to Life in Buildings and Structures
PROPOSED RULE NUMBER: 2003-P54
CONCISE SUMMARY This rule is an agency incorporation by reference to the National Fire Protection Association Standards # 101, Life Safety Code, NFPA # 80, Standard for Fire Doors and Windows, and NFPA #220, Standard for Types of Building Construction. Specific State of Maine requirements for use with the Life Safety Code are included in this chapter. It is proposed by this agency to update the following NFPA standards to the latest edition.
NFPA # 101, Life Safety Code, 2003 edition
NFPA # 80, Standard for Fire Doors and Windows, 2003 edition
Additional State of Maine language is being added pertaining to assembly occupancies and the use of Pyrotechnic devices.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 25 MRSA 2452 and 8 MRSA 236
PUBLIC HEARING): April 18, 2003, 1 p.m., Maine EMS, Conference Room, 16 Edison Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: April 21, 2003
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife

CHAPTER NUMBER AND TITLE: Ch. 1.01, Open Water Fishing
PROPOSED RULE NUMBER: 2003-P55
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to amend rules for open water fishing on Pierce Pond in Somerset County as follows: Opens to fishing May 1. S-6, S-17. No size or bag limit on togue. Togue have recently become established in Pierce Pond from an unauthorized introduction. This intent of this regulation is to encourage the harvest of togue to minimize the impact on the brook trout and landlocked salmon populations.
STATUTORY AUTHORITY: 12 MRSA 7035

RULE TITLE OR SUBJECT: Ch. 2.05, Rules Pertaining to Bass Fishing Tournaments
PROPOSED RULE NUMBER: 2003-P56
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule to amend certain provisions of Ch. 2.05, as requested by petition, as follows: Establishing two categories of weigh-in bass tournaments - club and open tournaments. This would permit an increase in the total number of tournaments while restricting tournaments to a maximum of 15 boats. The proposal reduces the number of larger open tournaments on lakes greater than 3500 acres. The rule will also allow tournaments for Department-sponsored "'youth events". A detailed copy of the rule may be obtained from the agency contact person listed below.
STATUTORY AUTHORITY: 12 MRSA 7035, 7154

PUBLIC HEARING: None scheduled; one may be requested. Comments may be submitted in writing to the address below.
PUBLIC HEARING: None scheduled; one may be requested. Written comments may be submitted to the Agency Contact Person listed below.
DEADLINE FOR COMMENTS: April 25, 2003
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Manual -Funding Source for Certain Legal Aliens
ADOPTED RULE NUMBER: 2003-70
CONCISE SUMMARY: On May 13, 2002, President Bush signed Public Law 107-171, which included the Food Stamp Program reauthorization. This rule is a result of that law. Effective April 1, 2003, those individuals who are legal and qualified aliens, and otherwise eligible for the program, will be federally funded. Currently these individuals are state funded. 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. In 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 become state funded may experience a change in the total household benefit.
EFFECTIVE DATE: March 18, 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


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