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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/287-4184
FAX 207/287-6545

July 12, 2000
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: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT: Ch. 25.96(E), Eligibility Date for New Class I, II or III Lobster License Holders
PROPOSED RULE NUMBER: 2000-P131
CONCISE SUMMARY: The Department of Marine Resources proposes these changes to Chapter 25.96(E) as contemplated by 12 MRSA 6421, 6422 and 6448. These proposed changes describe the procedure for establishing the eligibility date for a new Class I, II or III lobster and crab license holder in order to establish the waiting list for limited-entry zones.
STATUTORY AUTHORITY: 12 MRSA 6421, 6422 and 6448
PUBLIC HEARINGS:
Zone A, Mon., July 24, 2000, 6:30 p.m., Univ. of Maine, Science Bldg. Room 102, Machias
Zone B, Tues., July 25, 2000, 6:30 p.m., Middle School Cafeteria, 24 Forest Ave., Ellsworth
Zone G, Wed., July 26, 2000, 6:30 p.m., High School Cafeteria, 89 Fletcher Street, Kennebunk
Zone D, Thur., July 27, 2000, 6:30 p.m., Samoset Resort, 220 Warrenton Street, Rockport
Zone C, Mon., July 31, 2000, 6:30 p.m., High School Gymnasium, Route 15, Deer Isle
Zone E, Wed., Aug. 2, 2000, 6:30 p.m., Middle School Cafeteria, 252 Federal Street (Rt. 218), Wiscasset
Zone F, Thur., Aug. 3, 2000, 6:30 p.m., Harrison Middle School Cafeteria, 220 McCartney St., Yarmouth

RULE TITLE OR SUBJECT: Ch. 25.93(E), Limited Entry Guidelines for Lobster Management Zones, and Ch. 25.93(A) Definitions
PROPOSED RULE NUMBER: 2000-P132
CONCISE SUMMARY: The Department of Marine Resources proposes these changes to Chapter 25.93(E) as contemplated by 12 MRSA 6448. These proposed changes require the zone council to have the survey on limited entry approved by the Commissioner and propose that the Commissioner be allowed to put one, or more than one, exit ratio out to public comment Restrictions on the frequency with which zone councils may take action on limited entry and on the lower limit of number of licenses in a zone are also proposed. Also, the citation for exclusive economic zone would be added to the definitions.
STATUTORY AUTHORITY: 12 MRSA 6448
PUBLIC HEARINGS:
Zone A, Mon., July 24, 2000, 6:00 p.m., Univ. of Maine, Science Bldg. Room 102, Machias
Zone B, Tues., July 25, 2000, 6:00 p.m., Middle School Cafeteria, 24 Forest Ave., Ellsworth
Zone G, Wed., July 26, 2000, 6:00 p.m., High School Cafeteria, 89 Fletcher Street, Kennebunk
Zone D, Thur., July 27, 2000, 6:00 p.m., Samoset Resort, 220 Warrenton Street, Rockport
Zone C, Mon., July 31, 2000, 6:00 p.m., High School Gymnasium, Route 15, Deer Isle
Zone E, Wed., Aug. 2, 2000, 6:00 p.m., Middle School Cafeteria, 252 Federal Street (Rt. 218), Wiscasset
Zone F, Thur., Aug. 3, 2000, 6:00 p.m., Harrison Middle School Cafeteria, 220 McCartney St., Yarmouth

RULE TITLE OR SUBJECT: Ch. 25.93(F), Exit Ratios for Limited Entry Zones - Zone E
PROPOSED RULE NUMBER: 2000-P136
CONCISE SUMMARY: The Department of Marine Resources proposes these regulations under Chapter 25.93(F) based on a survey of zone members and a recommendation of the zone council as contemplated by 12 MRSA 6448. These proposed changes establish an exit ratio of 1:2 for Zone E and outline procedures for authorizing new zone entrants. These rules require that regulations to limit entry shall be implemented concurrent with the licensing year following adoption.
STATUTORY AUTHORITY: 12 MRSA 6448
PUBLIC HEARING: Zone E, Wed., August 2, 2000, 7:00 p.m., Wiscasset Middle School Cafeteria, 252 Federal St., (Rt. 218), Wiscasset

RULE TITLE OR SUBJECT: Ch. 25.93(F), Exit Ratios for Limited Entry Zones - Zone F
PROPOSED RULE NUMBER: 2000-P138
CONCISE SUMMARY: The Department of Marine Resources proposes these regulations under Chapter 25.93(F) based on a survey of zone members and a recommendation of the zone council as contemplated by 12 MRSA 6448. These proposed changes establish an exit ratio of 1:3 for Zone F and outline procedures for authorizing new zone entrants. These rules require that regulations to limit entry shall be implemented concurrent with the licensing year following adoption.
STATUTORY AUTHORITY: 12 MRSA 6448
PUBLIC HEARING: Zone F, Thursday, August 3, 2000, 7:00 p.m., Harrison Middle School Cafeteria, 220 McCartney Street, Yarmouth

RULE TITLE OR SUBJECT: Ch. 25.93(F), Exit Ratios for Limited Entry Zones - Zone F
PROPOSED RULE NUMBER: 2000-P139
CONCISE SUMMARY: The Department of Marine Resources proposes these regulations under Chapter 25.93(F) based on a survey of zone members and a recommendation of the zone council as contemplated by 12 MRSA 6448. These proposed changes establish an exit ratio of 1:5 for Zone F and outline procedures for authorizing new zone entrants. These rules require that regulations to limit entry shall be implemented concurrent with the licensing year following adoption.
STATUTORY AUTHORITY: 12 MRSA 6448
PUBLIC HEARING: Zone F, Thursday, August 3, 2000, 7:30 p.m., Harrison Middle School Cafeteria, 220 McCartney Street, Yarmouth

RULE TITLE OR SUBJECT: Ch. 25.93(F)(4), Exit Ratios for Limited Entry Zones - Zone E - Exemption for Individuals Eligible Prior to January 1, 2000
PROPOSED RULE NUMBER: 2000-P141
CONCISE SUMMARY: The Department of Marine Resources proposes these changes to Chapter 25.93(F) based on a survey of zone members and a recommendation of the zone council as contemplated by 12 MRSA 6448. These proposed changes make an exemption for individuals who became eligible for a license prior to January 1, 2000 to any limited-entry ratio established in Zone E.
STATUTORY AUTHORITY: 12 MRSA 6448
PUBLIC HEARING: Zone E, Wed. August 2, 2000, 7:30 p.m., Wiscasset Middle School Cafeteria, 252 Federal Street (Route 218), Wiscasset

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR COMMENTS: Monday, August 14, 2000
AGENCY CONTACT PERSON: Laura Taylor
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6550


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 145, NOx Control Program
PROPOSED RULE NUMBER: 2000-P147
CONCISE SUMMARY: The Department is proposing to adopt a regulation to implement the Ozone Transport Region (OTR) NOx Memorandum of Understanding (MOU). The proposal will require electrical generating units, resource recovery units and major industrial sources to implement additional NOx controls beginning January 1, 2003. The control requirements include an emission rate limit of 0.15 lbs. per million Btu for electrical generating units and resource recovery facilities, and an emission rate limit of 0.20 lbs. per million Btu for industrial sources. The proposal also includes monitoring, recordkeeping and reporting requirements. On January 6, 2000, a public hearing was held on this proposal. The Department is now proposing to amend its original proposal by requiring only those resource recovery facilities with a heat input of 250 million Btu be subject to control requirements (at the same 0.20 lbs. per million Btu emission rate as industrial sources), and by eliminating the compliance exemption for startup and shutdown periods. Due to a typographical error, the Department is extending the public comment period until August 15, 2000. 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, and be provided an opportunity for comment. Any party interested in providing public comment can 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: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: August 15, 2000
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: 17-387 - Maine Pilotage Commission
RULE TITLE OR SUBJECT: Ch. 1, General Rules and Regulations
PROPOSED RULE NUMBER: 2000-P148
CONCISE SUMMARY: This agency, formerly named the "Maine State Pilotage Commission," was administered by the Department of Professional and Financial Regulation. The Commission adopted "General Rules and Regulations" under that Department's umbrella which appear at 02-387 Chapter 1. In 1998 the administrative responsibility for the Commission was transferred to the Department of Transportation. In 1999 the name of the Commission was changed to the "Maine Pilotage Commission" and other major changes were made to the statute under which it acts (Title 38 MRSA Chapter 1). The old rules are being repealed and replaced with new rules under the umbrella of the Department of Transportation. These new rules will regulate the testing, training, licensing, relicensing, conduct and discipline of marine pilots engaged in ship handling within the coastal and navigable waters of the State of Maine as designated in 38 MRSA 86-A.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 90
PUBLIC HEARING: August 1, 2000 at 10:30 a.m., Main Conference Room, Transportation Building (Level 2), Child Street, Augusta, Maine.
DEADLINE FOR COMMENTS: Friday, August 25, 2000
AGENCY CONTACT PERSON: Brian C. Nutter, Administrator
AGENCY NAME:, Maine Pilotage Commission
ADDRESS: 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: 207-287-2841


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE CHAPTER: Ch. 4, Hunting and Trapping
RULE TITLE OR SUBJECT: Moose Hunting
PROPOSED RULE NUMBER: 2000-P149
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife proposes the following framework for the annual moose hunting season which will occur within the designated Wildlife Management Districts (WMDs):
There shall be an open season for the hunting of moose within Wildlife Management Districts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 18, 19, 28 and 29 beginning on the second Monday of October and remaining open for 6 days. In addition, within Wildlife Management Districts 1, 2, 3, 5, 6, 11, and 19 (northern and eastern areas of the State) there will be an open season beginning on the Monday following the close of the bear baiting season (September) and remaining open for 6 days.
The Department is also proposing to amend 4.05 (J. Moose Permit Point System) so that bonus points will be forfeited if a person skips 2 consecutive years in applying for the moose drawing. Currently, if a person skips one year, bonus points are forfeited.
Other technical amendments are being made to Chapter 4.05 to: 1) repeal the moose hunting zones; 2) change all references to the zones to Wildlife Management Districts as designated in Chapter 4.00; and 3) designate any areas closed to hunting by the Bureau of Parks and Lands as being closed to moose hunting.
In addition, Chapter 4.01(M) is being repealed. This section defined Wildlife Management Units, which are no longer being used. These Units have been replaced by new Wildlife Management Districts in Chapter 4.00.
Moose permit allocations will be established at a later date.
STATUTORY AUTHORITY: 12 MRSA 7035, 7463-A
PUBLIC HEARINGS:
July 31, 2000, Auburn Police Dept., Conference Room, 1 Minot Ave., Auburn
August 1, 2000, Greenville Community House, Pritham Avenue, Greenville
August 2, 2000, Mattanawcook Academy, Room 121, 15 Reed Street, Lincoln
August 3, 2000, Caribou Recreation Dept.,55 Bennett Drive, Caribou.
ALL HEARINGS BEGIN AT 6:30 p.m.
DEADLINE FOR COMMENTS: August 14, 2000
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: 287-5201


ADOPTIONS

AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Regulations
ADOPTED RULE NUMBER: 2000-279
CONCISE SUMMARY: In accordance with Title 12 MRSA 7035 and 7792, the Commissioner of Inland Fisheries aad Wildlife has adopted a rule to exempt guide services from having to provide Type I Personal Flotation Devices while operating or otherwise utilizing a watercraft in assisting or accompanying a client on any waters of this state, where licensing by the U.S. Coast Guard is not requried. Guide services will fall under the category of "Recreational: pleasure or rental, lease or charter for noncommercial uses" for the purposes of determining PFD requirements in Chapter 13.05 (C) - Personal Flotation Devices.
EFFECTIVE DATE: Juy 3, 2000
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201.


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles

CHAPTER NUMBER AND TITLE: Ch. 153, The Operation of Motor Intrastate Carriers of Passengers For Hire
ADOPTED RULE NUMBER: 2000-280
CONCISE SUMMARY: The purpose of amending this rule is to allow for electronic filing of insurance and to do housekeeping changes.

CHAPTER NUMBER AND TITLE: Ch. 162, Rules Governing the Administration of the International Registration Plan
ADOPTED RULE NUMBER: 2000-281
CONCISE SUMMARY: The purpose of this rule amendment is to include audit netting and fleet consolidation as well as update certain sections.

CHAPTER NUMBER AND TITLE: Ch. 165, The Administration of the Maine International Fuel Tax Agreement (IFTA) and the Intrastate Fuel Tax Program (USER)
ADOPTED RULE NUMBER: 2000-282
CONCISE SUMMARY: This rule is being amended to update and clarify certain points. It will also require intrastate licensees to carry and display a fuel tax license.

EFFECTIVE DATE: July 4, 2000
AGENCY CONTACT PERSON: Maurice J. Dionne, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, Maine 04333-0029
TELEPHONE: 207/624-9000 ext. 52127


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