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May 3, 2006

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 internet at: http://www.maine.gov/sos/cec/rules.


PROPOSALS


AGENCY: 02-322 - State Board of Licensure for Professional Engineers
RULE TITLE OR SUBJECT:
Ch. 1, Rules of State Board of Licensure for Professional Engineers
Ch. 2, Licensure of Professional Engineers
Ch. 3, Rules of Practice
PROPOSED RULE NUMBER: 2006-P85 through P87
CONCISE SUMMARY: The Proposed Rules will be amended with all reference in the rule to "registration" or similar phrase changed to "license" and its equivalent as required by 2005 legislation which changed the name of the Board from "Registration" to "Licensure". Also other word changes such as "Secretary" to "Executive Director," "Chairperson" to "Chair" and 'Vice Chairperson" to "Vice Chair". In addition the Seal of the Board will be reduced in size. In addition, remove an expired minimum registration requirement for new applicants. Also, increase the late fee for registrations filed 90 days after the renewal date from $10.00 to $25.00. Added committee work as acceptable credit for Professional Development Hours.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §1306(2)
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: June 2, 2006
AGENCY CONTACT PERSON: Warren T. Foster, Executive Director, State Board of Licensure for Professional Engineers, 92 State House Station, Augusta, ME 04333-0092
TELEPHONE: (207) 287-3236


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3 , Schedule of Minimum Price - Order #06-06
PROPOSED RULE NUMBER: 2006-P88
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA Section 2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: May 19, 2006, Friday, starting at 2:00 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: May 19, 2006
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7521


AGENCY: 94-289 - Maine Atlantic Salmon Commission
RULE TITLE OR SUBJECT: Ch. 1, Rules of the Atlantic Salmon Commission
PROPOSED RULE NUMBER: 2006-P89
CONCISE SUMMARY: The proposed rulemaking would create an experimental open fishing season for anadromous Atlantic salmon. The proposed open season is for a one-month period in the fall in a specified location on the Penobscot River. The permitted activity would be limited to catch and release by fly fishing only. Should the Commission determine it is necessary to close the area during the open season, red flags will be displayed. The proposed rulemaking text is available online at www.maine.gov/asc . Please mail written comments to be received by the close of the business June 4, 2006. See contact information.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §9902
PUBLIC HEARING: May 25, 2006, 6:30 p.m., Holden Elementary School - Route 1A, Holden
DEADLINE FOR COMMENTS: June 5, 2006
AGENCY CONTACT PERSON: Patrick Keliher
AGENCY NAME: Maine Atlantic Salmon Commission, 161 Capital Street (UPS/FEDX only), 172 State House Station, Augusta, Maine 04333
WEB SITE: www.maine.gov/asc
TELEPHONE: (207) 287-9972
FAX: (207) 287-9975


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 36.01(A)(6)&(7), Herring Regulations, Area 1, 2 & 3 definitions
PROPOSED RULE NUMBER: 2006-P90
CONCISE SUMMARY: The Atlantic States Marine Fisheries Commission's (ASMC) Atlantic Herring Section approved Amendment 2 to the Interstate Fishery Management Plan (FMP) for Atlantic Herring on January 25, 2006. In part, the Amendment redefines Managements Areas 1B, 2, and 3, resulting in a larger area covered by Management Area 3 (Georges Bank). This proposed regulation would be effective January 1, 2007 for compliance with the ASMFC FMP Amendment 2 for Atlantic herring.
STATUTORY AUTHORITY: 12 MRSA §6171
AGENCY CONTACT PERSON: Joe Fessenden (tel: 207-624-6550)
RULE TITLE OR SUBJECT: Ch. 36.01(D)(1), Herring Regulations, Spawning Area Restrictions
PROPOSED RULE NUMBER: 2006-P91
CONCISE SUMMARY: The Atlantic States Marine Fisheries Commission's Atlantic Herring Section approved Amendment 2 to the Interstate Fishery Management Plan for Atlantic Herring on January 25, 2006. In part, the Amendment implements a ‘zero tolerance' provision during spawning closures, prohibiting any vessel from the transfer, landing or possession of spawn herring (stages V or VI) from or within a restricted spawning area. There is no change to the Eastern Maine fixed gear fisheries exemption from spawning restrictions. This proposed regulation would be effective August 15, 2006.
STATUTORY AUTHORITY: 12 MRSA §6171
AGENCY CONTACT PERSON: Joe Fessenden (tel: 207-624-6550)
PUBLIC HEARINGS: Monday, May 22, 2006, 6:00 PM*, Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
*Public hearings on two separate rulemaking proposals in Ch. 36.01 (Sections A and D) will be held on May 22, 2006, beginning with the hearing on Ch. 36.01(A) at 6:00 P.M., and being followed by a separate hearing on section D, immediately upon the conclusion of the hearing for the previous chapter section. If you are unable to attend this hearing persons are encouraged to submit written comments from the receipt or posting of this notice through the:
DEADLINE FOR WRITTEN COMMENTS: Thursday, June 1, 2006
RULE TITLE OR SUBJECT: Ch. 50.01 and 50.10, Spiny Dogfish and Coastal Sharks - “Finning” Prohibited and definitions
PROPOSED RULE NUMBER: 2006-P92
CONCISE SUMMARY: The proposed regulations would implement a prohibition in Maine's territorial waters for the process of “finning” spiny dogfish or coastal sharks. This measure would provide enforcement consistency with the National Marine Fisheries Service federal regulations for sharks (CFR 635.30) and the Atlantic States Marine Fisheries Commission (ASMFC) Fisheries Management Plan for spiny dogfish.
STATUTORY AUTHORITY: 12 MRSA §6171
AGENCY CONTACT PERSON: Terry Stockwell (tel: 207-624-6550)
RULE TITLE OR SUBJECT: Ch. 50.02(B), Spiny Dogfish and Coastal Sharks – Spiny Dogfish Limit
PROPOSED RULE NUMBER: 2006-P93
CONCISE SUMMARY: The proposed regulations would implement a trip limit for spiny dogfish in Maine's territorial waters of 600 pounds when a concurrent federal and state waters closure is not in effect. This amendment would provide compliance with, and contribute to, the stock rebuilding objectives of the ASMFC Fisheries Management Plan for spiny dogfish.
STATUTORY AUTHORITY: 12 MRSA §6171
AGENCY CONTACT PERSON: Terry Stockwell (tel: 207-624-6550)
RULE TITLE OR SUBJECT: Ch. 55.04(D), Maine Gillnet Bait Fishing Regulations, New Meadows River restrictions
PROPOSED RULE NUMBER: 2006-P94
CONCISE SUMMARY: These proposed regulations would implement a four hour tending and hauling requirement to fish bait gillnets in the New Meadows River north of a line from Hopkins Island to a point on the Phippsburg shore south of the ‘Basin' Cove entrance. This proposal is in response to the occurrence of untended nets resulting in large numbers of dead fish during 2005 in this area. This rule would expire after two seasons on December 31, 2007.
STATUTORY AUTHORITY: 12 MRSA §6171
AGENCY CONTACT PERSON: Lt. Jon Cornish (tel: 207-633-9595)
PUBLIC HEARINGS: Wednesday, May 24, 2006, 6:00 PM*, Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
*Public hearings for three separate rulemaking proposals in Ch. 50 and 55 (see separate rulemaking notices) will be held on May 24, 2006, beginning with the hearing on Ch. 50.02 at 6:00 P.M., and being followed by a separate hearing on Ch. 50.01&10, then Ch 55.04, each hearing starting immediately upon the conclusion of the hearing for the previous rulemaking. If you are unable to attend these hearings persons are encouraged to submit written comments from the receipt or posting of this notice by the:
DEADLINE FOR WRITTEN COMMENTS: Saturday, June 3, 2006
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
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)
HEARING FACILITIES: If you require accommodations due to disability, please contact Kim Pierce, at (207) 287-5055


AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 807, Net Operating Loss Add-Back Modification
PROPOSED RULE NUMBER: 2006-P95
CONCISE SUMMARY: The Bureau of Revenue Services has determined that the Rule is not necessary since it consists solely of examples, and since more comprehensive guidance on this topic is contained in guidance documents prepared by the agency and readily available to taxpayers and practitioners.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §112
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: June 5, 2006
AGENCY CONTACT PERSON: Dennis Doiron, Director, Income/Estate Tax Division, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 626-8483


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services, Division of Policy and Provider Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 50, Principles of Reimbursement for Intermediate Care Facilities for the Mentally Retarded
PROPOSED RULE NUMBER: 2006-P96 (revised 5/24/06*)
CONCISE SUMMARY: The rule proposes to update this policy with an effective date of July 1, 2006. The Department will apply to CMS for approval of this reimbursement methodology.
The major change proposed is to change the base year from 1990 to 2004 for all facilities. Other proposed changes are: marketing expenses are not allowable; central office charges are considered variable costs; a completed audit no longer generating a new rate letter; qualified retirement contributions moved to the labor component; deletion of the equity capital allowance; deletion of bonuses for administrators and owners; and requiring lease expenses between related parties be allowable at the lower of rent or cost of ownership.
Additionally, the Department has created new section titles and moved section items within the rule to eliminate duplication and accurately organize the policy within the appropriate sections.
* The Legislature has deemed these rules to be MAJOR SUBSTANTIVE RULES, pursuant to 5 MRSA §8071(2)(B). After the Department has provisionally adopted these rules, the Department will submit the rule to the Legislature for review and authorization for final adoption. This rule has legal effect only after review by the Legislature followed by final adoption by the agency.
See 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: May 22, 2006, 1 p.m. at the Office of MaineCare Services, Department of Health and Human Services, 442 Civic Center Drive, Conference Room 3, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before May 19, 2006.
DEADLINE FOR COMMENTS: Comments must be received by June 1, 2006, 11:59 p.m.
AGENCY CONTACT PERSON: Jane Connors, Office of Maine Care Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9360
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 608, Tuition Waiver Program, Amendment 4
PROPOSED RULE NUMBER: 2006-P97
CONCISE SUMMARY: This amendment expands the definition of eligible foster children to include children who are in subsidized adoptive care and those who are minor wards of subsidized permanency guardians, to comply with changes in governing law provided in PL 2006, c. 471.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA §969-A(14); 20-A MRSA §12573
PUBLIC HEARING: None. A hearing would be held at the request of 5 or more interested parties.
DEADLINE FOR COMMENTS: Written comments will be accepted until June 2, 2006.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


ADOPTIONS


AGENCY: 16-219 - Office of the Fire Marshal
CHAPTER NUMBER AND TITLE: Ch. 1, Fee Schedules for Plans Examination
ADOPTED RULE NUMBER: 2006-151
CONCISE SUMMARY: Ch. 1 establishes fee schedules for the review of construction plans to ensure compliance with life safety codes. To conserve storage space and reduce costs the Office of the Fire Marshal is encouraging persons/organizations to submit accurate construction plans in an electronic format whenever possible. Submitting the plans can in that format also provide first responders more immediate structural information on buildings in Maine should it be needed.
CHAPTER NUMBER AND TITLE: Ch. 4, Sprinkler Systems
ADOPTED RULE NUMBER: 2006-152
CONCISE SUMMARY This rule is proposed for adjustment of fees and license validation period of Responsible Managing Supervisor, Fire Sprinkler System Contractor and Fire Sprinkler Inspector's license.
CHAPTER NUMBER AND TITLE: Ch. 6, Fire Extinguishing Systems
ADOPTED RULE NUMBER: 2006-153
CONCISE SUMMARY: This rule is an agency incorporation of National Fire Protection Association Standards associated with Fire Extinguishing Systems. This rule is proposed for update of the following standards to the latest edition: NFPA # 11 (2002 edition), NFPA # 17 (2002 edition) and NFPA # 17A (2002 edition).
CHAPTER NUMBER AND TITLE: Ch. 7, Dry Cleaning Plants
ADOPTED RULE NUMBER: 2006-154
CONCISE SUMMARY: Ch. 7 incorporates NFPA #32, Standard for Dry Cleaning Plants , 2004 edition, pertinent to the prevention, protection from, and control of fire and explosion hazards incident to dry cleaning operations for all employees and the public. This rule incorporates the most recent edition.
CHAPTER NUMBER AND TITLE: Ch. 16, Storage and Handling of Liquefied Petroleum Gases
ADOPTED RULE NUMBER: 2006-155
CONCISE SUMMARY: Ch. 16 incorporates National Fire Protection Association (NFPA) standard #58, Liquefied Petroleum Gas Code , 2004 edition and standard #59, Utility LP-Gas Plant Code , 2004 edition. The codes prescribe safeguards intended to safely store, handle, transport, and use LP-Gas. In addition, this chapter prescribes safe design, construction, location, installation, operation, and maintenance features of refrigerated and non-refrigerated utility gas plants. Each code is being updated to the most recent edition.
CHAPTER NUMBER AND TITLE: Ch. 19, Vapor Removal from Cooking Equipment
ADOPTED RULE NUMBER: 2006-156
CONCISE SUMMARY: Ch. 19 incorporates National Fire Protection Association (NFPA) # 96, Standard for the Ventilation Control and Fire Protection of Commercial Cooking Operations , 2004 edition. This standard provides the minimum fire safety requirements (preventative and operative) related to the design, installation, operation, inspection, and maintenance of commercial/public and private cooking operations. This rule updates the standard to the latest NFPA edition.
CHAPTER NUMBER AND TITLE: Ch. 25, Rules for the Display of Fireworks
ADOPTED RULE NUMBER: 2006-157
CONCISE SUMMARY: This rule is an agency incorporation by reference of National Fire Protection Association Standards # 1123, Code for Fireworks Display, 2000 edition; NFPA # 1124, Code for the Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles, 2003 edition; and, NFPA # 1122, Code for Model Rocketry , 2002 edition. Technical changes are being made to the rule to ensure consistency with statute.
CHAPTER NUMBER AND TITLE: Ch. 34, Rules and Regulations for Flammable and Combustible Liquids
ADOPTED RULE NUMBER: 2006-158
CONCISE SUMMARY: This rule sets forth standards to reduce the potential for fires or explosions during the transportation, storage, manufacture, and dispensing of flammable liquids.
EFFECTIVE DATE: April 23, 2006
AGENCY CONTACT PERSON: Richard E. Taylor, Planning and Research, Office of State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052.
TELEPHONE: (207) 626-3873


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #334, MaineCare Eligibility Manual – Maine Rx Plus, Rev. #229A: Maine Rx Plus Recertification
ADOPTED RULE NUMBER: 2006-160
CONCISE SUMMARY: This rule changes the certification (review) period and period of continuous eligibility for the Maine Rx Plus Prescription Drug Program under Section 12000 from 12 to 24 months
EFFECTIVE DATE: January 1, 2006
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #05-06
ADOPTED RULE NUMBER: 2006-159
CONCISE SUMMARY: Minimum May 2006 Class I price is $14.22 plus $0.95/cwt. for Producer Margins, an over-order premium of $1.l0/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $17.87 that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm
EFFECTIVE DATE: April 30, 2006
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station Augusta ME 04333
TELEPHONE: (207) 287-7521


AGENCY: 94-630 - Maine Biomedical Research Board
CHAPTER NUMBER AND TITLE: Ch. 1, Rules of the Maine Biomedical Research Board
ADOPTED RULE NUMBER: 2006-161
CONCISE SUMMARY: The Maine Biomedical Research Program is established to disburse program funds to eligible not-for-profit biomedical research institutions for the purpose of creating economic development and good jobs in Maine. Program funds are intended to support biomedical research in this State. An eligible institution receiving program funds under this section may use those funds for any of the following purposes: project funding; facilities funding, including debt service; equipment used in research, including debt service; or ancillary support. The purpose of the rule is to define the criteria and proposal process for applications to the fund.
EFFECTIVE DATE: May 1, 2006
AGENCY CONTACT PERSON: Martha Bentley, Grant Administrator, MTI, 2E Mechanic Street, Gardiner, ME 04345
TELEPHONE: (207) 685-3317