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Weekly Rulemaking Notices Contact Us Find It

July 16, 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

NOTICE: The Deadline for Submission of Comments on Proposals 2003-88 and 2003-89 has been Extended Until July 25th.

AGENCY: 17-229 - Department of Transportation
RULE TITLE OR SUBJECT: Ch. 300, Rules and Regulations for the Use of the Interstate Highway System
PROPOSED RULE NUMBER; 2003-P88
CONCISE SUMMARY: This amendment to the Maine Department of Transportation's Rules is intended to restrict certain vehicles to the two farthest right-hand lanes on that portion of Interstate 95 from the Maine-New Hampshire border to the southern terminus of the Maine Turnpike. The Maine Turnpike Authority is promulgating a similar rule for that portion of the Turnpike south of Mile Marker 44 in Scarborough. The Maine Department of Transportation has responsibility for that portion of I-95 leading from the Maine-New Hampshire border to the southerly terminus of the Maine Turnpike. The Department is proposing to amend its rules to maintain consistency on that portion of Interstate 95 from the Maine-New Hampshire border to Mile Marker 44 of the Maine Turnpike in Scarborough.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. STATUTORY AUTHORITY: 23 MRSA 52 and 23 MRSA 4206(5)
AGENCY CONTACT PERSON: Jim Smith
AGENCY NAME: Department of Transportation
ADDRESS: Office of Legal Services, 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: (207) 624-3020

AGENCY: 99-420 - Maine Turnpike Authority
RULE TITLE OR SUBJECT: Ch. 1, Rules Governing the Use of the Turnpike: No Trucks in Third Lane (Amendment)
PROPOSED RULE NUMBER: 2003-P89
CONCISE SUMMARY: This rule would restrict buses and trucks, including truck tractors but excluding pickup trucks, from the far-left passing lane on the three lane section of the turnpike south of mile marker 44.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 MRSA 1965(l)(C) and 23 MRSA 1980
AGENCY CONTACT PERSON: Jonathan Arey
AGENCY NAME: Maine Turnpike Authority
ADDRESS: 430 Riverside Street, Portland, Maine 04103
TELEPHONE: (207) 871-7771 x136


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 34.10, Maine Groundfish Management Plan
PROPOSED RULE NUMBER: 2003-P150
CONCISE SUMMARY: On June 17, 2003 NMFS notified the Non-Federal Settling Parties that new federal regulations would become effective July 28, 2003 that continue the measures implemented on August 1, 2002 pursuant to the Settlement Agreement approved by the order issued by US District Court for the District of Columbia in connection with the lawsuit filed in Conservation Law Foundation v. Evans. These proposed amendments to the Maine groundfish regulations would provide for consistency with the National Marine Fisheries Service federal groundfish regulations. The proposed amendments to the Ch. 34 groundfish regulations are:
(1) the minimum size limit for haddock would be reduced from 23-inches to 21-inches total length for the charter/party and private recreational vessels;
(2) the Gulf of Maine haddock bag limit would be removed for charter/party vessels (recreational vessels will still have a Gulf of Maine bag limit of 10 cod and haddock combined; and no more than 5 cod allowed in the combined for charter/party boats and recreational vessels catch between December 1 and March 31; and
(3) the commercial vessel daily trip limit would be 300 pounds of cod, haddock, and yellowtail flounder combined although no more than 200 pounds per trip could be cod and yellowtail flounder combined.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: Thursday, August 7, 2003, 6:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
DEADLINE FOR COMMENTS: Monday, August 18, 2003
AGENCY CONTACT PERSON: Lewis N. Flagg. Mail Written Comments to: c/o Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 624-6550
FAX: (207) 633-9579
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
Hearing facilities: If you require accommodations due to disability,
please contact Deborah Everett, at (207) 624-6667.


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45, Shrimp
PROPOSED RULE NUMBER: 2003-P151
CONCISE SUMMARY: The proposed amendments would increase the cod end mesh size minimum from 6 to 6.5 inches in trawl net gear, update the prohibited bycatch list of regulated groundfish species and repeal the April small mesh exempted area between Matinicus and Vinalhaven. These changes are necessary for consistency with Ch. 34 of the Maine Department of Marine Resources' rules for Groundfish that became effective on July 22, 2002 to complement and support the Court order issued by the United States District Court for the District of Columbia in connection with the lawsuit filed in Conservation Law Foundation v. Evans on April 26, 2002, as modified by the court on May 23, 2002, and the federal regulations promulgated in connection with that order which became effective as of June 1, 2002.
Separate technical corrections and updates include: Ch. 45.50 would be repealed, as the penalty provision cited therein is redundant with the statutes; the term "presumed" would be changed to "prima facie evidence" for consistency with new enforcement rules; the definition of shrimp is clarified to ensure that the existing meaning of all Pandalid species is consistent throughout Ch. 45, unless otherwise stated; and the closed season referred to under the processing section of 45.05(l)(B) is clarified to mean the time period other than the annually set open season in section 45.05. The 2001 calendar appended to the end of the rules would be repealed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: Thursday, August 7, 2003, 7:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
DEADLINE FOR COMMENTS: Monday, August 18, 2003
AGENCY CONTACT PERSON: Col. Joe Fessenden. Mail written comments to: c/o L. Churchill.
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 624-6560
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 113, Transportation Services
PROPOSED RULE NUMBER: 2003-P152
CONCISE SUMMARY: PL 2003, ch. 20 & ch. 451, directs the Department to make reductions in its budget for Transportation Services on July 1, 2003. This was accomplished by emergency rulemaking and rate reductions effective July 1, 2003. This proposed rule and its future adoption is necessary to adopt the changes on a permanent basis.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173; PL 2003 Ch. 20 and 451
PUBLIC HEARING:
Date: August 7, 2003 Time: 1:00 p.m.
Location: Conference Room 1, Department of Human Services, 442 Civic Center Drive, Augusta, ME 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before July 23, 2003.
DEADLINE FOR COMMENTS: August 20, 2003
AGENCY CONTACT PERSON: Marianne Ringel, Director
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9371
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS

AGENCY: 29-250 - Secretary of State, Bureau of Corporations, Elections and Commissions, Division of Corporations
CHAPTER NUMBER AND TITLE:
Ch. 200, Rules for Expedited Service in Corporations
Ch. 201, Rules for the Sale of Publication in Corporations
Ch. 240, Rules for Limited Liability Partnerships Under Title 31, Chapter 15
Ch. 250, Rules for Business Corporations under Title 13-C
Ch. 260, Rules for Nonprofit Corporations under Title 13-B
Ch. 270, Rules for Limited Partnerships under Title 3 1, Chapter 11
Ch. 280, Rules for Marks Registered Under Title 10, Chapter 301-A
Ch. 290, Rules for Limited Liability Companies under Title 31, Chapter 13
ADOPTED RULE NUMBER: 2003-227 through 2003-234
CONCISE SUMMARY: Ch. 250 is being amended because of changes in the Maine Business Corporation Act that will take effect on July 1, 2003. Title 13-A is repealed and replaced with Title 13-C. Many of the provisions of this rule are now set in statute making the rules redundant. The other chapters are being updated to make them consistent with the rules in Ch. 250 or to amended language that has become outdated.
EFFECTIVE DATE: July 12, 2003
AGENCY, CONTACT PERSON and ADDRESS: Timothy Poulin, Director of Corporations, Department of the Secretary of State, Bureau of Corporations, Elections and Commissions, 101 State House Station, Augusta, ME 04333-0101
TELEPHONE: (207) 624-7736


AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
CHAPTER NUMBER AND TITLE: Ch. 14, Rules Governing Alternative Methods of Payment of Overtime for Certain Drivers and Drivers Helpers
ADOPTED RULE NUMBER: 2003-239
CONCISE SUMMARY: 2001 PL c. 628 requires adoption of rules allowing employers of certain truck drivers and drivers helpers to use payment methods that are not based on hours worked.
EFFECTIVE DATE: September 1, 2003
AGENCY CONTACT PERSON: Michael V. Frett, Director Bureau of Labor Standards, 5 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6406


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