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August 5, 1998
Rule-Making Notice

as it appears 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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS
AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Amendments to Ch. 530, Provisional Medical or Disability Payments to Workers' Compensation Claimants
PROPOSED RULE NUMBER: 98-P137
CONCISE SUMMARY: Republished as the deadline for comments has been extended to September 30, 1998.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: N/A
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: Extended to September 30, 1998, 5:00 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Legal Secretary, Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423

AGENCY: 04-058 - Department of Conservation, Bureau of Forestry
RULE TITLE OR SUBJECT: Ch. 20, Forest Regeneration and Clearcutting Standards
PROPOSED RULE NUMBER: 98-P155
CONCISE SUMMARY: The existing rule sets the standards for forest regeneration after timber harvesting, and performance standards for clearcuts. The proposed rule amends the existing rule to incorporate existing and new legislation in the rule to include: procedures for notifying the Bureau of proposed commercial timber harvesting activities and changes in the law that affect the size, arrangement and regeneration of clearcuts.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 8867-A.
PUBLIC HEARING: Will be held at four locations, from 2:00 - 4:30 p.m. and 7 - 9 p.m.
Tuesday - August 18 - Oxford Hills High School - Mulitpurpose Room, South Paris
Thursday - August 20 - Ellsworth Middle School Cafeteria, 20 Forest Avenue, Ellsworth
Tuesday - August 25 - University of Maine Presque Isle - Grand Ballroom
Thursday - August 27 - Augusta Civic Center - Capitol/Pine Tree Room
DEADLINE FOR COMMENTS: September 7, 1998
AGENCY CONTACT PERSON: Jim Blanck, Chief Planner, Bureau of Forestry, Statehouse Station #22, Augusta, ME 04333
PHONE: 207-287-2791


AGENCY: 10-144 - Department of Human Services, Bureau of Health
RULE TITLE OR SUBJECT: Ch. 257, Schedule of Charges of the Diagnostic Laboratory of the Department of Human Services (amendments)
PROPOSED RULE NUMBER: 98-P161
CONCISE SUMMARY: These amendments:
* Add the Congenital Adrenal Hyperplasia (CAH) test to the newborn screening panel to be consistent with a rule change of the Newborn Screening Program as recommended by the Newborn Screening Advisory Committee and adjust the fee to cover the additional cost.
* Revise the test listings to eliminate redundancies and inconsistencies.
* Add new specific methodologies, diagnostic and environmental tests as mandated by state and federal laws/regulations and establish specific fees to cover these costs.
* Retain the existing hourly rate for testing services.
* Adjust some other fees upward or downward to reflect costs and changes in methodologies.
FISCAL IMPACT ON MUNICIPALITIES: The costs of those analyses changed have been adjusted both upward and downward. The net impact on municipalities is unknown
STATUTORY AUTHORITY: 22 MRSA 565 et. seq. and 2602 et. seq.
PUBLIC HEARING: 9:00 am, Friday, August 28, 1998, Human Services Conference Room, 221 State Street, Augusta, ME
DEADLINE FOR COMMENTS: Tuesday, September 8, 1998
AGENCY CONTACT PERSON: John A. Krueger
AGENCY NAME: Health & Environmental Testing Laboratory
ADDRESS: 221 State Street, #12, Augusta, ME 04333
TELEPHONE: 207-287-2727
TTY: 207-897-4479


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. (New), Load Obligation and Settlement Calculations for Competitive Providers of Electricity
PROPOSED RULE NUMBER: 98-P162
CONCISE SUMMARY To establish the process, methods and terms by which transmission and distribution utilities will develop the hourly load estimates and monthly energy reconciliations of competitive electricity providers' load obligations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A, M.R.S.A. 3211
PUBLIC HEARING No hearing scheduled, but one will be held if requested by five interested persons on or before August 12, 1998.
DEADLINE FOR COMMENTS: September 4, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual - State Supplement to SSI for Non-Citizens
PROPOSED RULE NUMBER: 98-P163
CONCISE SUMMARY: The citizenship requirement for the State Supplement to SSI will be the same as it is for those for whom full Medicaid coverage is available. The State Supplement will include the full SSI benefit for which the applicant would otherwise be eligible if SSI denies or closes benefits due to citizenship. This coverage excludes illegal aliens and ineligible aliens such as foreign students and visitors. This is effective 9/1/98 retroactive to 7/1/98.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 4, 1998
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 111, Petroleum Liquid Storage Vapor Control
PROPOSED RULE NUMBER: 98-P164
CONCISE SUMMARY: EPA requires petroleum storage vessels to be inspected every five or ten years depending on the type of system. Inspections are required every ten years for single seal systems and every five years for double seal systems. Tank inspections, which involve the degassing and refilling of a storage tank, cause volatile organic compounds (VOC) to be emitted to the atmosphere. VOC contribute to the formation of ground-level ozone. Decreasing the inspection frequency from annually to every five or ten years reduces the overall VOC emissions emitted from this activity.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585 and 585-A
PUBLIC HEARING: August 26, 1998, 1:30 p.m., Holiday Inn/Ground Round, Augusta, Maine
DEADLINE FOR COMMENTS: September 7, 1998, 5:00 p.m.
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME: Bureau of Air Quality Control, Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: 207-287-2437


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4.02, Migratory Bird Hunting Season
PROPOSED RULE NUMBER: 98-P165
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife scheduled a public hearing to consider adoption of the following rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds (SUBJECT TO CHANGE TO COMPLY WITH FINAL FEDERAL GUIDELINES PUBLISHED IN SEPTEMBER).
1) Ducks (except Black Ducks):
NORTH ZONE: October 1 through November 24, 1998
SOUTH ZONE: October 1 through October 17, 1998; November 11 through December 17, 1998
Black Duck Season:
NORTH ZONE: October 10 through November 24, 1998
SOUTH ZONE: October 10 through October 17, 1998; November 11 through December 17, 1998
Daily Limit - 4; Possession Limit - 8 with following exceptions:
a. From October 1 - 9, NO BLACK DUCKS MAY BE TAKEN.
b. Closed season for Harlequin ducks.
c. Daily limit 1; possession limit 2 for black duck, canvasback, mottled ducks and fulvous tree ducks.
d. Daily limit 2, possession limit 4 for hen mallard, pintail, wood ducks and redhead ducks.
e. In addition to the daily limit of 4, two (2) additional teal may be taken per day (either blue-winged teal or green-winged teal).
NOTE: A possession limit of 12 is permitted providing that it includes 4 or more teal.
2) Mergansers and American coots: SEASON SAME AS DUCKS.
Daily limit 5; possession limit 10 with the following exceptions:
a. Hooded mergansers: daily limit 1, possession limit 2.
b. American coots: Daily limit 15, possession limit 30.
3) Canada Geese (Special Early Season): September 8 - September 25. Daily limit 3; possession limit 6.
4) Snow Geese: October 1, 1998 - January 31, 1999. Daily limit 5; possession limit 10.
5) Brant: October 1 - November 27. Daily limit 2; possession limit 4.
6) Special Falconry Season: In addition to the regular migratory bird season on ducks, mergansers, American coots:
NORTH ZONE: Nov. 25,1998 - Feb. 2,1999
SOUTH ZONE: Dec. 21, 1998 - February 27, 1999
Falconry season daily bag and possession limits for all permitted migratory game birds shall not exceed 3 and 6 birds respectively, singly or in the aggregate.
7) Sea Ducks: (scoter, eider, old squaw): Oct. 1, 1998 - Jan. 20, 1999. Daily limit -7; possession limit 14 with following exceptions: Scoter (Sea Coot), daily limit 4; possession limit 8; Common Eider, daily limit 5; possession limit 10.
8) Woodcock: Oct. 6 - Nov. 4, 1998. Daily limit 3; possession limit 6.
9) YOUTH WATERFOWL HUNT: September 19, 1998. Bag limits as above. Special regulations will apply to youth and accompanying adult.
Copies of the proposed rules may be obtained from the Agency Contact Person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 12 MRSA, Sections 7035 and 7456
PUBLIC HEARING: Tuesday, August 25, 1998 at 7:00 p.m. at the Augusta Civic Center.
DEADLINE FOR COMMENTS: August 25,1998.
AGENCY CONTACT PERSON: Ken Elowe, Inland Fisheries and Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333
TELEPHONE: 287-5252.


AGENCY: 02-383 - Department of Professional and Financial Regulation, Board of Osteopathic Licensure
CHAPTER NUMBER AND TITLE: Ch. 14, Continuing Medical Education
ADOPTED RULE NUMBER: 98-326
CONCISE SUMMARY: This chapter defines what continuing medical education will satisfy statutory requirement and sets forth other provisions related to compliance with Section 2581.
EFFECTIVE DATE: July 27, 1998
AGENCY CONTACT PERSON: Susan E. Strout, Executive Secretary
AGENCY NAME: Board of Osteopathic Licensure
ADDRESS: 142 State House Station, Two Bangor Street, Augusta, ME 04333-0142
TELEPHONE: 207/287-2480


ADOPTIONS

AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 7, Utilization Review, Treatment Protocols, Permanent Impairment
ADOPTED RULE NUMBER: 98-327
CONCISE SUMMARY: The Workers' Compensation Board has adopted treatment guidelines for pain and carpal tunnel. These guidelines are not yet incorporated by reference into Section 2 of Chapter 7.
EFFECTIVE DATE: July 28, 1998
AGENCY CONTACT PERSON: Isabella Tighe, Deputy Director, Medical/Rehabilitation Services
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 287-7080


AGENCY: 02-174 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Boiler Rules
CHAPTER NUMBER AND TITLE: Ch. 12, Fees
ADOPTED RULE NUMBER: 98-328
CONCISE SUMMARY: The rule amendment to Chapter 12 increases the fees to be charged by the Board.
EFFECTIVE DATE: November 1, 1998
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator, Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
PHONE NUMBER: 207/624-8605


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Repeal of Rule Ch. 150, Maine Automobile Liability Policy Endorsement
ADOPTED RULE NUMBER: 98-329
CONCISE SUMMARY: The existing rule is currently considered unnecessary
EFFECTIVE DATE: August 4, 1998
AGENCY CONTACT PERSON:
NAME: Lyndy Morgan, Legal Secretary
ADDRESS: Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8423


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