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November 19, 1997
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 - Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Chapter 890, Consumer Complaint Ratios
PROPOSED RULE NUMBER: 97-P244
CONCISE SUMMARY: This Rule defines the method to be used by the Bureau of
Insurance in calculating consumer complaint ratios.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24-A M.R.S.A. 212 and 216(2)
PUBLIC HEARING: December 19, 1997 , Central Conference Room, Department of Professional and Financial Regulation Building, 124 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: December 29, 1997
AGENCY CONTACT PERSON: Lyndy Morgan, Legal Secretary, Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Chapter 112, Bulk Terminal Petroleum Liquid Transfer Requirements
PROPOSED RULE NUMBER: 97-P245
CONCISE SUMMARY: This amendment incorporates by reference two National Emission Standards for Hazardous Air Pollutants - Gasoline Distribution (Stage I) and Marine Tank Vessel Loading Operations. All existing and new bulk terminals that are major sources (those that emit 10 tons/year or more of a hazardous air pollutant (HAPS) or 25 tons/year or more of a combination of HAPS) are subject to these two emission standards. The standard requires emissions from the vapor collection and processing systems due to the loading of gasoline cargo tanks be limited to 10 milligrams of total organic compound per liter of gasoline loaded.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585 and 585-A
PUBLIC HEARING: December 17, 1997, 9:00 a.m., Augusta Civic Center, Augusta, Maine
DEADLINE FOR COMMENTS: December 31, 1997, 5:00 p.m.
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME: Bureau of Air Quality Control, Department of Environmental Protection
ADDRESS: State House, Station 17, Augusta, ME 04333
TELEPHONE: 207-287-2437

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual - Chapter II, Section 45, Principles of Reimbursement, Hospital Services
PROPOSED RULE NUMBER: 97-P246
CONCISE SUMMARY: This rule clarifies the procedures for hospital reimbursement, recipient copays, and supplies allowed as covered services when provided integral to hospital procedures. This rule removes all reference to the Maine Health Care Finance Commission, whose authority was repealed by the Maine legislature in Public Law 1995, Chapter 368.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: None is scheduled unless five (5) or more people request a hearing in writing to the agency contact person listed below, before the comment deadline.
DEADLINE FOR COMMENTS: December 31, 1997
AGENCY CONTACT PERSON: Kip Neale, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, State House Station #11, Augusta, Maine 04333
TELEPHONE: 207-624-5516 TTY: 207-287-3799

AGENCY: 02-381 -Department of Professional and Financial Regulation, Office of Licensing and Registration, Oil and Solid Fuel Board
RULE TITLE OR SUBJECT:
New Chapter 5 - Use of Other License
New Chapter 7 - Adoption of Standards and Rules
New Chapter 9 - Installation of Oil Burning Equipment
New Chapter 12 - Installation of Oil Fired Equipment in Repair, Parking and Residential Garages
New Chapter 13 - Installation of Waste Oil Appliances and Waste Oil Supply Tanks
PROPOSED RULE NUMBER: 97-P247 through 97-P251
CONCISE SUMMARY: Chapters 5 and 12 of previously proposed rules have been rewritten for clarification. Comments received at the August 28, 1997 public hearing indicated the need for clarification of specific sections. The Board is proposing to amend the requirements of Chapter 9 to require technicians to adhere to Department of Environment Protection standard to protect newly installed supply lines from corrosion by prohibiting installation of unprotected lines in concrete or soil. The Board also proposes to require that newly installed tanks located outside and subject to weather conditions be protected from snow or ice falling from roofs and that all outside tanks not adequately protected against the weather be held to the same standard as newly installed tanks within five years from the effective date of these rules. The Board is proposing that existing, buried, grouted, unprotected supply lines be removed from service within two years from the effective date of these rules with new, protected lines if buried. The Board is proposing to adopt American Society of Mechanical Engineers (ASME) standards and United Laboratories (UL) standards to Chapter 7, Adoption of Standards and Rules. In Chapter 13, the Board also proposes to require that waste oil tanks have "secondary containment", such as a dike or curb, to contain the waste oil in case of a leak or rupture.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 32 M.R.S.A. 2353
PUBLIC HEARING: None; one may be requested by 5 or more persons.
DEADLINE FOR WRITTEN COMMENTS: December 26, 1997
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator Office of Licensing and Registration
ADDRESS 35 State House Station, Augusta, ME 04333

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: #332 Maine Medicaid Eligibility Manual - Qualified Individuals
PROPOSED RULE NUMBER: 97-P252
CONCISE SUMMARY: This rule reflects a new Federal law requiring Medicaid to pay for the Medicare Part B premium of individuals who are entitled to Medicare Part A and whose monthly income is between 120% and 135% of the Federal Poverty Level (currently these amounts are $789 and $880 for an individual or $1,061 and $1,194 for a couple). Assets must be less than $4,000 for an individual or, for a married couple, assets must be less than $6,000.
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: December 26, 1997
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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45, 1997-1998 Shrimp season
PROPOSED RULE NUMBER: 97-P253
CONCISE SUMMARY: This proposed rule will adopt, through the regular rule-making process, changes effective with the emergency rule for establishing the 1997/1998 shrimp season. The season shall begin December 8, 1997 and end May 22, 1998, dates inclusive, with the following closure dates: Saturdays and Sundays are closed throughout the entire season, (except Saturday and Sunday March 14 and 15, 1998) plus December 25 through December 31, 1997 and March 16 through March 31, 1998 dates inclusive. The season for the harvest of shrimp by trap shall be January 1 through March 15, 1998, dates inclusive, with the following closures dates: Sundays except for Sunday March 15, 1998.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARING: None; one may be requested by 5 or more persons.
DEADLINE FOR COMMENTS: December 26,1997
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584

AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #98-01
PROPOSED RULE NUMBER: 97-P254
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 M.R.S.A. 2954 & 5 M.R.S.A. 8054
PUBLIC HEARING: 9:00 a.m., Thursday, December 11, 1997 Department of Agriculture, Food & Rural Resources Deering Building, Hospital Street, Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: December 11, 1997
NAME: Thomas C. Doak, Director/OPPLIS
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: (New) Temporary Housing Assistance Program Rule
PROPOSED RULE NUMBER: 97-P255
CONCISE SUMMARY: The purpose of this rule is to establish (1) the criteria and formula for awarding state resources to community action program agencies to provide emergency assistance to persons who are homeless to enable them to obtain housing and persons who are in danger of becoming homeless and (2) the priorities for providing assistance to these persons.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4741(1), 4762(3)
PUBLIC HEARING December 16, 1997 9:30 a.m., Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633
DEADLINE FOR COMMENTS: December 26, 1997
AGENCY CONTACT PERSON: Jodie S. Sullivan, Esquire
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street Augusta, Maine 04330-4633
TELEPHONE:
(207) 626-4600 (voice)
(800) 452-4668 (voice)
(800) 452-4603 (TDD)

AGENCY: 07-105 - Executive Department, State Planning Office
RULE TITLE OR SUBJECT: Ch. 300, Municipal Code Enforcement Officer Qualification and Certification Standards Rule
PROPOSED RULE NUMBER: 97-P256
CONCISE SUMMARY: The State Planning Office proposes to amend the Municipal Code Enforcement Officer Qualification and Certification Standards Rule, first adopted in December of 1991. Changes are largely reorganization and clarification of existing rules including further development of the recertification procedure for "Advanced" Certification and elimination of language that has lost meaning due to the passage of time. Also included is an amendment to recognize title 30-A M.R.S.A. 4453m regarding the certification of individuals in the use of Rule 80K of Maine Rules of Civil Procedure.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A M.R.S.A.. 4451; 30-A M.R.S.A. 4453
PUBLIC HEARING: Thursday, December 18, 1997, Somerset Room, Holiday Inn, Augusta, ME, 9:00 a.m. to 12:00 p.m.
DEADLINE FOR COMMENTS: January 9, 1998
AGENCY CONTACT PERSON: Daniel W. Soule, State Planning Office, C.E.O. Training and Certification, 38 State House Station, Augusta, ME 04333-0038
TEL: (207) 287-8064


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Chapter 36.01(C), Herring Management Plan
ADOPTED RULE NUMBER: 97-384
CONCISE SUMMARY: The Department of Marine Resources is proposing this regulation limiting vessel length and horsepower in order to prevent large factory trawlers from entering the fishery in a manner that could destabilize the herring fishery. This action is based on the Atlantic States Marine Fisheries Commission (ASFMC) concerns about appropriate levels of sustainable harvest, particularly in the Gulf of Maine, and is designed to ensure the optimum economic and biological management of this fishery.
EFFECTIVE DATE: November 19, 1997
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Chapter #3 - Schedule of Minimum Prices - Order No. 97-12
ADOPTED RULE NUMBER: 97-385
CONCISE SUMMARY: Minimum December, 1997 producer Class I set at $16.32 and a Northeast Interstate Dairy Compact over order price of $0.87. December, 1997 Class II goes to $13.13 and Class III minimums set at $12.89. A $.25 premium is included in the Class I minimums. These changes were passed on in minimum prices.
EFFECTIVE DATE: December 1, 1997
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741

AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Chapter 1 - 1.02 (Ice Fishing Regulations)
ADOPTED RULE NUMBER: 97-386
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to the 1997-98 and 1998-99 ice fishing seasons. this body of rules is printed in its entirety in the 1997-98 and 1998-99 Ice Fishing Regulations Booklet available from the Department as well as license agents.
EFFECTIVE DATE: November 22, 1997
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041

AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Chapter 45.05, 1997-1998 Shrimp Season, Emergency Regulation
ADOPTED RULE NUMBER: 97-387
CONCISE SUMMARY: These emergency regulations begin the process of establishing the 1997/1998 northern shrimp fishing season, in compliance with the Atlantic States Marine Fisheries Commission Northern Shrimp Fishery Management Plan, set November 7, 1997. The season shall begin December 8, 1997 and end May 22, 1998, dates inclusive, with the following closure dates: Saturdays and Sundays are closed throughout the entire season, (except Saturday and Sunday March 14 and 15, 1998) plus December 25 through December 31, 1997 and March 16 through March 31, 1998 dates inclusive. The season for the harvest of shrimp by trap shall be January 1 through March 15, 1998, dates inclusive, with the following closures dates: Sundays except for Sunday March 15, 1998.
A PUBLIC HEARING will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: Monday, December 1, 1997
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


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