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July 27, 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: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 415, Reasonable Costs for Handling and Recycling of Electronic Wastes
PROPOSED RULE NUMBER: 2005-P149
CONCISE SUMMARY: This rule is proposed to establish a collection and recycling system that ensures the safe and environmentally sound handling, recycling and disposal of televisions and computer monitors that are generated as waste by Maine households. It applies to businesses engaged in the consolidation of televisions and computer monitors generated as waste by Maine households and that seek reimbursement from manufacturers for the costs of handling and recycling of these wastes.
Comments may be submitted by mail at the address below by fax at (207) 287-7826, or by e-mail at carole.a.cifrino@maine.gov. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mails on the sender.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 341-D(1-B) and 1610(5)(0)(1)
PUBLIC HEARING: August 18, 2005, 1:00 p.m., Ground Round Restaurant, Civic Center Drive, Augusta, ME 04330
DEADLINE FOR COMMENTS: August 28, 2005
AGENCY CONTACT PERSON: Carole Cifrino, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333 TELEPHONE: (207) 287-7722


AGENCY: 94-088 - Maine Arts Commission
RULE TITLE OR SUBJECT:
Ch. 1, Rules for Eligibility and Criteria for Awarding Grant Funds to Organizations
Ch. 2, Rules for Awarding Grants and Providing Services
Ch. 3, Rules to Carry Out the Percent for Art Act
PROPOSED RULE NUMBER: 2005-P150 through P152
CONCISE SUMMARY: The reason the rules are being opened, reviewed and/or updated/changed is in order to bring the Rules language up-to-date with current Maine Arts Commission grantmaking procedures as adopted by the Maine Arts Commission. The process will also update language as it relates to advancement in technology, etc.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 27 MRSA §401
PUBLIC HEARING: Thursday, August 18, 2005 (2:00 p.m. - 4:30 p.m. EST), Maine Arts Commission
DEADLINE FOR COMMENTS: Friday, September 2, 2005 (5:00 p.m. EST)
AGENCY CONTACT PERSON: Bryan W. Knicely, Assistant Director & Accessibility Coordinator, Maine Arts Commission, 193 State Street, 25 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2714 direct TTY (877) 887-3878 NexTalk User ID: bryan.knicely


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2005-P153
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. These regulations are needed to provide for the effective conservation of Maine's inland fisheries, and enhance fishing opportunities throughout the State. Affected waters being discussed at public hearings are listed below; waters with proposals not being discussed at a public hearing are contained on a list available from the Agency Contact Person listed below. All of the proposals (non-hearing as well as those being heard at a public hearing) may be obtained from the Agency Contact Person. Written comments may be submitted on any of the proposals on those lists.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARINGS:
Stockholm School, School Str., Stockholm -- August 15, 2005 - 6:30 p.m.: Black Pond, T15R9 WELS, Little (South) Black Pond, T15R9WELS, Crater Pond and tributaries and outlet, T15R9 WELS, Eagle Lake, Wallagrass, Eagle Lake, T16R5, T16R6, Madawaska Lake (including Little Madawaska), T16R4 WELS, Westmanland.
Univ. of Maine @ Machias Science Bldg, Room 102, 9 O'Brien Avenue, Machias - August 16, 2005 - 6:30 p.m.: Cathance Lake and tributaries, Cooper, etc., Phillips Lake, Dedham.
Quimby Elementary School, Main Str., Bingham - August 25, 2005 - 6:30 p.m.: Beal (Trout) Pond, Madrid, Dodge Pond, Rangeley, Foss Pond, Kingsbury Plt., Frypan Pond, Squaretown Twp., Mooselookmeguntic Lake, Rangeley, Sabbath Day Pond, Twp. E.
DEADLINE FOR COMMENTS: September 16, 2005
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@state.me.us


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4.02, Migratory Bird Hunting Season
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has 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 (not including mergansers) - NORTH ZONE: October 3 through December 10, 2005 - SOUTH ZONE: October 3 through October 29, 2005, November 14 through December 24, 2005
Daily Limit: 4; Possession Limit: 8 with the following exceptions:
a. Closed season for Harlequin ducks.
b. Daily limit: 1; possession limit: 2 for black ducks, pintail, canvasback, mottled ducks and fulvous tree ducks.
c. Daily limit: 2; possession limit: 4 for hen mallard, wood ducks and redhead ducks.
d. 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.
e. Daily limit: 3; possession limit: 6 for scaup.
2) Mergansers and American coots: SEASON SAME AS DUCKS.
Mergansers: Daily limit 5 in the aggregate; possession limit 10 with the following exceptions: Hooded mergansers: daily limit: 1; possession limit: 2. American coot: Daily limit 5, possession limit 10:
3) Canada Geese (Special Early Season): September 6 through September 24, 2005. Daily limit: 4; possession limit: 8.
Regular Goose Season - NORTH ZONE: October 3 through December 10, 2005. - SOUTH ZONE: October 3 through October 29, 2005, November 14 through December 24, 2005.
Daily limit: 2; possession limit: 4
4) Snow Geese: October 3, 2005 - January 31, 2006. Daily limit 15; no possession limit.
5) Brant: October 3 - November 29, 2005. Daily limit 2; possession limit 4.
6) Special Falconry Season: In addition to the regular migratory bird season on ducks, mergansers, and American coots: NORTH ZONE: December 17, 2005 through January 31, 2006. - SOUTH ZONE: January 14, 2006 through February 28, 2006.
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: (scoters eiders, and long-tailed ducks in the sea duck zone): October 1, 2005 through January 31, 2006. Daily limit 7; possession limit 14 with following exceptions:
Scoter: daily limit: 4; possession limit: 8.
Common Eider: daily limit: 5; possession limit: 10.
8) Woodcock: October 1 through October 29, 2005 and October 31, 2005. Daily limit 3; possession limit 6.
9) YOUTH WATERFOWL HUNT: September 24, 2005. Bag limits as above and youth hunters may take 1 black duck. 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 §§ 10104 and 11855
PUBLIC HEARING: Wednesday, August 17, 2005 at 6:30 p.m. at the Augusta Civic Center, Lincoln/Oxford Room, Civic Center Drive, Augusta, ME
DEADLINE FOR COMMENTS: August 17, 2005
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333
E-MAIL: andrea.erskine@maine.gov


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Marking of Leases and LPA sites - Updates:
Ch. 2.80, Marking Procedures for Aquaculture Leases - update
Ch. 2.37(1)(A)(2), Navigation – repeal outdated marking steps
Ch. 2.90(6)(B), Limited-purpose Aquaculture License Maintenance Standards – update marking
PROPOSED RULE NUMBER: 2005-P155
CONCISE SUMMARY: The proposed rulemaking would update and clarify the marking procedures for aquaculture leases and limited-purpose aquaculture license sites. The requirement for use of “reflective or retro reflective tape” would be removed; the term “marked floating devices” would replace references to signs and buoys; the Department’s unique lease identifier would be required on boundary marking devices; interior and gear markers would need to be easily distinguishable from boundary markers; alternative marking requirements could be applied on a case by case basis in the decision process; and references to Coast Guard marking requirements would be added and clarified. The proposed effective date would be January 1, 2006. The proposed rulemaking text is available online at http://www.maine.gov/dmr/rulemaking and a complete copy of Ch. 2 is available online at http://www.maine.gov/dmr/regulations.htm. Please mail written comments to be received by the close of the business day Friday, August 26, 2005. See contact information.
STATUTORY AUTHORITY: 12 MRSA §§6072, 6072-A, 6072-B, 6072-C
RULE TITLE OR SUBJECT: Ch. 15.02(A)(94), Definitions – technical correction
PROPOSED RULE NUMBER: 2005-P156
CONCISE SUMMARY: The reference to certified dealers who possess a current wet storage permit contained in the definition of “wet storage” would be removed. This change is considered necessary to remove a potential legal loop hole that could be interpreted to allow persons other than “currently permitted certified dealers” to conduct wet storage activities contrary to the intent of the regulations or, could be interpreted to unintentionally prohibit certified dealers to wet store shellstock when possessing a current permit.
STATUTORY AUTHORITY: 12 MRSA §6856(4)
RULE TITLE OR SUBJECT: Ch. 25.07(B)(4), ASMFC Lobster Management Areas and Limitations, Lobster Fishing Limitations
PROPOSED RULE NUMBER: 2005-P157
CONCISE SUMMARY: In accordance with the Atlantic States Marine Fisheries Commission (ASMFC) Interstate Fishery Management Plan (FMP) for American lobster and recent Legislative changes the Department proposes to amend the gauge size component of the most restrictive regulations for compliance with the FMP and consistency with the new law. A clarification would also be made regarding the requirement to declare all fisheries management zones fished on a license application for consistency within the regulations.
STATUTORY AUTHORITY: 12 MRSA §6171 and §6431(1-A)
RULE TITLE OR SUBJECT: Ch. 34.10(1)(B)(4)(d), Commercial Effort Restrictions, Monkfish
PROPOSED RULE NUMBER: 2005-P158
CONCISE SUMMARY: In accordance with the New England Fisheries Management Council, Amendment 2 to the Fisheries Plan for Monkfish, and for consistency with the National Marine Fisheries Service federal regulations, the Department proposes regulations for monkfish. This proposed regulation establishes a minimum fish size of 17 inches total length or 11 inches tail length; and a vessel trip limit of 50 pounds of monkfish tails or 498 pounds of whole weight monkfish.
STATUTORY AUTHORITY: 12 MRSA §6171
RULE TITLE OR SUBJECT: Ch. 100, Grievance Procedures for the Handicapped
PROPOSED RULE NUMBER: 2005-P159
CONCISE SUMMARY: The contact information and title, telephone number and address are each out of date and therefore are proposed to be updated.
STATUTORY AUTHORITY: 5 MRSA Ch. 337
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARINGS: None scheduled; one may be requested
Electronic copies with the entire proposed text may be obtained from the web site listed in this notice or to request hard copies to be mailed please use the contact information provided in this notice.
DEADLINE FOR COMMENTS: Friday, August 26, 2005
Please mail written comments to be received by the close of the business day Friday, August 26, 2005. See contact information.
AGENCY CONTACT PERSON: Laurice Churchill
MAIL WRITTEN COMMENTS TO:
AGENCY NAME: Department of Marine Resources
ADDRESS: Attn: L. Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TEL: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 203, Rules Relating to the Retail Sale and Delivery of Tobacco Products in Maine
PROPOSED RULE NUMBER: 2005-P160
CONCISE SUMMARY: These rules are being proposed to partially amend existing Rules to address recent statutory changes which govern the retail sale of tobacco products in the State of Maine, and to make permanent certain emergency rulemaking provisions adopted on July 1, 2005.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §1551 et seq., 22 MRSA §42 sub-§1, 22 MRSA §§ 1555-B, 1555-C & 1555-D, 22 MRSA §1552 (2004 & Supp/2004), as amended by P.L. 2005, c. 12, §§ TT-l and TT-1 and P.L. 2005, c. 145
PUBLIC HEARING: 9:00 a.m. – Noon, August 15, 2005, 442 Civic Center Drive, Conference Room 3, Augusta, Maine 04333
DEADLINE FOR COMMENTS: August 25, 2005
AGENCY CONTACT PERSON: Rebecca Vigue, Division of Health Engineering, 11 State House Station, Augusta, ME 04333
PHONE: (207) 287-1978


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
PROPOSED RULE NUMBER: 2005-P161
CONCISE SUMMARY: The Department has clarified in this rulemaking that reimbursement is set at the price at the time of the point of sale, and that although the Department regular1y updates its average wholesale price list, there is no obligation to make these changes covered retroactively. The Department has also restructured and simplified its pharmacy provider types to categorize pharmacy providers as retail, specialty, or mail order pharmacies. The Department has updated the name of the Bureau of Medical Services to the Office of MaineCare Services (OMS).
The Department proposes to remove several over-the-counter drugs from the list of drugs covered for certain conditions/procedures section that previously required specific diagnoses. These over-the-counter drugs that will be identified on the PDL will now be covered with a prescription for all members. The Department proposes to set the early refill threshold at 85%. Additionally, the Department will no longer cover Impotence Agents Class drugs for members who are registered as sex offenders pursuant to Title 34-A MRSA Ch. 15.
See at http://www.maine.gov/bms/rules/gen_mcare_benefit.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: Wednesday, August 17, 2005, 9:00 a.m., Conference Room #3, Department of Health and 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 August 12, 2005.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. August 28, 2005
AGENCY CONTACT PERSON: Patricia Dushuttle, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS

AGENCY: 94-348 - Maine Human Rights Commission
ADOPTED RULE NUMBERS: 2005-293 through 296
CHAPTER NUMBERS AND TITLES:
Ch. 3, Employment Regulations of the Maine Human Rights Commission
Ch. 5, Public Accommodations Regulations Relating to Physical or Mental Disability Discrimination in Public Conveyances of the Maine Human Rights Commission
Ch. 7, Accessibility Regulations of the Maine Human Rights Commission
Ch. 8, Housing Regulations of the Maine Human Rights Commission
CONCISE SUMMARY: The adopted change adds to the existing definition of disability, stating the Commission's 30 year position that mitigating measures are not to be considered when determining whether a disability exists.
EFFECTIVE DATE: July 20, 2005
AGENCY CONTACT PERSON: John E. Carnes, Esq.
AGENCY NAME: Maine Human Rights Commission
ADDRESS: 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: (207) 624-6050