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Weekly Rulemaking Notices Contact Us Find It

January 5, 2005
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: 18-554 - Department of Administrative and Financial Services, Bureau of General Services, Division of Purchases
RULE TITLE OR SUBJECT: Ch. 155, Defining an Equivalent Basis for Cost Comparison between State Employees and Private Contractor Provision of Services
PROPOSED RULE NUMBER: 2004-P197 (reopening of comment deadline)
CONCISE SUMMARY: The Department of Administrative and Financial Services is required by statute (5 MRSA §1816-A, 2, I) to adopt rules which define an equivalent basis for the calculation of costs associated with state employee and private contractor provision of services. The application of the rule would result in choosing the means by which services are provided.
Each department or agency and bidder would complete a standard data set, an evaluation of which would guide the choice by which services are provided.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §1825-B, 11
DEADLINE FOR COMMENTS: Friday, February 4, 2005
AGENCY CONTACT PERSON: Betty M. Lamoreau, Director, Division of Purchases
AGENCY NAME: Bureau of General Services
ADDRESS: 9 State House Station, Augusta, ME 04333-0009
TELEPHONE: (207) 624-7331 (voice)
FAX: (207) 287-6578


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #02-05
PROPOSED RULE NUMBER: 2004-P335
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 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 1:30 p.m., Friday, January 21, 2005, Room 233, Department of Agriculture - Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: January 21, 2005
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.93(F)(1)(b)(iv), Exit Ratios for Limited Entry Zones - Zone G (3:1)
PROPOSED RULE NUMBER: 2004-P336
CONCISE SUMMARY: The Department of Marine Resources proposes this regulation under Ch. 25.93(F) after considering a survey of zone members and a recommendation of the Zone G Council in accordance with 12 MRSA 6448. The proposed change would consider establishing an exit ratio of 3:1 for Zone G and outline procedures for authorizing new zone entrants.*
STATUTORY AUTHORITY: 12 MRSA 6448
RULE TITLE OR SUBJECT: Ch. 25.93(F)(1)(b)(iv), Exit Ratios for Limited Entry Zones - Zone G (5:1)
PROPOSED RULE NUMBER: 2004-P337
CONCISE SUMMARY: The Department of Marine Resources proposes this regulation under Ch. 25.93(F) after considering a survey of zone members and a recommendation of the Zone G Council in accordance with 12 MRSA 6448. The proposed change would consider establishing an exit ratio of 5:1 for Zone G and outline procedures for authorizing new zone entrants.*
STATUTORY AUTHORITY: 12 MRSA 6448
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARINGS:
Tuesday, January 25, 2005, 6:00 p.m., Scarborough Town Hall - Municipal Building, 259 US Route One, Scarborough
*Public hearings for two separate rulemakings for Zone G exit ratios will be held with one hearing to start immediately upon the conclusion of the previous rulemaking hearing. See separate notice.
DEADLINE FOR COMMENTS: Friday, February 4, 2005
RULE TITLE OR SUBJECT: Ch. 25.02, Close time about Monhegan - Repeal
PROPOSED RULE NUMBER: 2004-P338
CONCISE SUMMARY: Ch. 25.02, Close time about Monhegan, is proposed for repeal. This regulation is obsolete and out of date with 12 MRSA 6472 and regulations in Ch. 25.95(1)(B), pertaining to the time of open and closed seasons in the Monhegan Lobster Conservation area.
STATUTORY AUTHORITY: 12 MRSA 6472
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested
DEADLINE FOR COMMENTS: Friday, February 4, 2005
AGENCY CONTACT PERSON: Terry Stockwell
Mail Written Comments to: attn. 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) 633-9556 or 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing). Hearing facilities: If you require accommodations due to disability, please contact Deborah Everett, at (207) 624-6567.


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 26, Day Health
Services
PROPOSED RULE NUMBER: 2004-P339
CONCISE SUMMARY: The proposed rule clarifies and corrects an inadvertent error in the recent filing of this rule effective September 1, 2004. The proposed rule clarifies that only decisions by the Department or its authorized agent, should the Department designate one, are subject to member appeal.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: None scheduled unless five (5) or more people request a hearing in writing to the contact person below before the comment deadline.
DEADLINE FOR COMMENTS: Comments must be received by midnight 2/7/2005
AGENCY CONTACT PERSON: Kip Neale, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1.01, Open Water Fishing
PROPOSED RULE NUMBER: 2004-P340
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has been petitioned to adopt the following bag limit change for Long Pond located in Southwest Harbor and Mt. Desert for open water fishing: 1) Daily bag limit on salmon: 2 fish, only one of which may exceed 24 inches. All salmon between 20 and 24 inches must be released alive at once. Currently, the bag limit is one salmon.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 10104
PUBLIC HEARING: January 27, 2005, Somesville Fire Station, 1157 Main Street, Somesville (Mt. Desert); 6:30 p.m.
DEADLINE FOR COMMENTS: February 7, 2005
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
E-MAIL: Andrea.Erskine@Maine.Gov


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 127, New Motor Vehicle Emission Standards (Heavy Duty Diesel Emission Standards)
ADOPTED RULE NUMBER: 2004-598
CONCISE SUMMARY: The Department of Environmental Protection adopted an amendment to Ch. 127, New Motor Vehicle Emission Standards, to include the California Heavy Duty Diesel Emission Standards. The amendment requires all heavy duty trucks and engines sold in Maine, beginning for the 2008 model year, to be certified for sale in California. This amendment was adopted as a precautionary measure in the event that the Environmental Protection Agency delayed or modified the Federal Heavy Duty Diesel rule scheduled to begin in 2007. Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/air/regulations/recentlyadopted.htm.
EFFECTIVE DATE: December 28, 2004
AGENCY CONTACT PERSON: Melissa Morrill
AGENCY NAME: Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-2437


AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 151, Architectural and Industrial Maintenance (AIM) Coatings
ADOPTED RULE NUMBER: 2004-599
CONCISE SUMMARY: The Board of Environmental Protection adopted a new rule, Ch. 151, Architectural and Industrial Maintenance (AIM) Coatings, which establishes limits for volatile organic compounds (VOC) from architectural and industrial maintenance coatings. This rule regulates approximately 50 coating categories, including paints, stains, traffic markings, varnishes, bituminous roof coatings, concrete curing compounds, specialty primers and sealers, and wood preservatives. The rule requires manufacturers to provide compliant coatings at the retail and wholesale levels for sale in Maine and prohibits the application of noncompliant coatings. This rule is designed to reduce VOC emissions which contribute to ground-level ozone. Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/air/regulations/recentlyadopted.htm.
EFFECTIVE DATE: December 28, 2004
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME: Bureau of Air Quality Control
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. VI Section 2, MaineCare DirigoChoice Initiative
ADOPTED RULE NUMBER: 2004-600
CONCISE SUMMARY: The adopted rules describe the circumstances under which MaineCare members may participate in the DirigoChoice Health Plan, a Preferred Provider Organization product administered by Anthem Blue Cross and Blue Shield. MaineCare members continue to have access to all MaineCare covered services they are eligible to get based on their coverage group. Services will be available either from the DirigoChoice provider network for DirigoChoice covered services or from MaineCare providers for services not covered by DirigoChoice.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 1, 2005
AGENCY CONTACT PERSON: Linda Schumacher, Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9370
FAX: (207) 287-9368
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


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