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December 8, 1999
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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45, 1999 - 2000 Shrimp season and net restrictions
PROPOSED RULE NUMBER: 99-P246
CONCISE SUMMARY: The proposed. regulations will adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing the 1999 -2000 shrimp season and updated net restrictions. The season shall begin January 17, 2000 and end March 15, 2000, both dates inclusive, with Sundays closed throughout the season. The season for the harvest of shrimp by drag and by trap shall be the same. Amendments to these regulations also include the optional use of the double Nordmore grate and the cod end strengthener. The Dec. 9, 1999 deadline for comments in the previous public notice was in error and should be Dec. 17, 1999.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY; 12 M.R.S.A. 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: December 17, 1999
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: 29-250 - Secretary of State, Bureau Of Corporations, Elections & Commissions
RULE TITLE OR SUBJECT: Request for comments on the Maine Administrative Procedure Act
PROPOSED RULE NUMBER: 99-P265
CONCISE SUMMARY: In accordance with 5 M.R.S.A. 8056-A, on February 1 of each year the Secretary of State is required to send a report to the Governor and the Joint Standing Committee on State and Local Government on recommended changes to the Administrative Procedure Act. The Secretary of State is required to solicit comments to include in this report. This is that solicitation.
In 1999, the Administrative Procedure Act was amended by 1999, P.L. 261 and P.L. 307. Public Law 261 establishes procedures for adopting manuals, federal codes and other documents not published by the State of Maine. Public law 307 established a process for "Consensus-based rule development". This process would allow a representative group of participants with an interest in the subject to be involved in the drafting of certain rules. Copies of these public laws and the Administrative Procedure Act are available from the contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 M.R.S.A. 8056-A
DEADLINE FOR COMMENTS: January 14, 1999
AGENCY CONTACT PERSON: Lucille Weeks
AGENCY NAME: Department of Secretary of State
ADDRESS: 101 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4184 or (207) 287-6381


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 202, Tree Growth Tax Law Valuations - 2000
PROPOSED RULE NUMBER: 99-P266
CONCISE SUMMARY: This rule fulfills the requirement that the Executive Director annually establish the 100% valuations per acre for each forest type by economic region for parcels classified under the Tree Growth Tax Law. This rule is applicable for tax year 2000.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNCIPALITIES.
STATUTORY AUTHORITY: 36 M.R.S.A. 576
PUBLIC HEARING: December 30, 1999, 10:00 a.m., 43 Melville Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 10, 2000
AGENCY CONTACT PERSON: Larry Record, Director
ADDRESS: Property Tax Division, PO Box 9106, Augusta, Maine 04332-9106
PHONE NUMBER: (207) 287-2011


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Amendments to Section 8 of Ch. 81, Residential Utility Service Standards for Credit and Collection Programs
PROPOSED RULE NUMBER: 99-P267
CONCISE SUMMARY: Through this Notice, we open a limited rulemaking to amend section 8 of Chapter 81. The proposed amendment will prohibit eligible telecommunications carriers (ETCs) from disconnecting eligible Lifeline customers' local telephone service for the non-payment of intrastate and interstate toll charges.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A M.R.S.A. 704
PUBLIC HEARING None. If five or more interested persons request such a hearing, we will do so.
DEADLINE FOR COMMENTS: January 7, 2000.
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-1396


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 519, Interim Effluent Limitations and Controls for the Discharge of Mercury
PROPOSED RULE NUMBER: 99-P268
CONCISE SUMMARY: The public comment period for this rule is reopened to allow comments on a substantive change to the rule as originally proposed. Specifically, it is proposed that section 4(13)(2) be deleted from the rule. That section reads as follows: "(2) In the event that the interim average effluent limit as calculated above is less that 4.5 ng/L for an individual licensee, that licensee will be assigned an interim average effluent limit of 4.5 ng/L."
THIS CHANGE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 420, and Ch. 500, Public Laws of 1999.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: December 28, 1999 at 5:00 p.m.
AGENCY CONTACT PERSON: Dennis Merrill
AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7788
E-MAIL: dennis.l.merrill@maine.gov


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 24.23, Salmon Racks Prohibited
ADOPTED RULE NUMBER: 99-491
CONCISE SUMMARY: The Department of Marine Resources has adopted the regulation that prohibits the use of salmonid species for bait or any other use in coastal waters. The purpose of this rule is to prevent the spread of any potential infectious diseases to cultured or wild salmonids or to any other marine organism. Commercially prepared salmon eggs that have been processed and are typically used for bait by recreational fishermen are exempt from this rule.

CHAPTER NUMBER AND TITLE: Ch. 25.94(2)(d)&(e), Lobster Management Zones D and E
ADOPTED RULE NUMBER: 99-492
CONCISE SUMMARY: The Commissioner adopted the following revised boundary line that more accurately reflects the historical fishing grounds of Zone D and supports the conservation efforts of Zone E. Starting at Pemaquid Lighthouse, thence following a straight line 192 Magnetic to a point at 43 48.1' N Latitude, 69 30' W Longitude, thence 180 True South to the point where Loran line 13020 intersects 69 30' W Longitude (43 39' N Latitude, 69 30' W Longitude), thence 180 Magnetic South to the Exclusive Economic Zone.

EFFECTIVE DATE: November 29, 1999
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: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 830, Valuation of Life Insurance Policies
ADOPTED RULE NUMBER: 99-495
CONCISE SUMMARY: Provide tables of select mortality factors for use in valuing life insurance reserves. It also sets forth methodology for valuing reserves on policies with nonlevel premiums or benefits or with secondary guarantees.
EFFECTIVE DATE: December 5, 1999
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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