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Home > Weekly Newspaper Notices > May 10, 2006

May 24, 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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.96(B)(2)(c), Zone F Apprentice Requirement, and Ch. 25.96(B)(3)(b)(ii)(2)(c), Zone F Apprentice Sponsor Requirement
PROPOSED RULE NUMBER: 2006-P111
CONCISE SUMMARY: The Department of Marine Resources proposes regulations in Ch. 25.96 based on a referendum response by Zone F members and a recommendation of the Zone F Lobster Management Council members to the Commissioner submitted in accordance with the provisions of 12 MRSA §6447(6). These proposed regulations would establish two new requirements in Zone F. Apprentices who wish to enter Zone F must complete their apprenticeship in that zone, and sponsors of Zone F apprentices must have held a Class I, II or III lobster and crab fishing license for at least 5 years. In accordance with 12 MRSA §6447(5-C)(C) paragraph 2, current apprentices would be grandfathered for the length of the program that they began their apprenticeship in.
STATUTORY AUTHORITY: 12 MRSA §6447
AGENCY CONTACT PERSON: David Etnier (tel: 207-624-6550)
PUBLIC HEARING: Thurs., June 15, 2006, 6:00 p.m., Town Hall Community Room, 200 Main St, Yarmouth
DEADLINE FOR WRITTEN COMMENTS*: Monday, June 26, 2006
RULE TITLE OR SUBJECT: Ch. 26.07(1), Sea Urchin Harvesting Season 2006-2007 2005-2006 – Zone 1
PROPOSED RULE NUMBER: 2006-P112
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA §6171, §6171-A and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 for 2006-2007.
The Department proposes a 10 day season for divers, trappers, rakers and draggers in 2006-2007, which was the same length of season in 2005-2006. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers will have a choice of fishing 10 days in September or 10 days in December. The designation of early or late season deadline would also be adjusted for this season. Also, the term “owns a sea urchin license” would be changed to “holds a sea urchin license” for legal consistency with other regulatory language. This change does not affect an urchin license holder’s rights or the operation of the regulations.
RULE TITLE OR SUBJECT: Ch. 26.07(2), Sea Urchin Harvesting Season 2006-2007 2005-2006 – Zone 2
PROPOSED RULE NUMBER: 2006-P113
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA §6171, §6171-A and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 for 2006-2007. The Department proposes a 45 day season for divers, trappers, rakers and draggers in 2006-2007, which was the same length of season in 2005-2006. The Sea Urchin Zone Council recommended the selection of these particular days.
Also, the term “owns a sea urchin license” would be changed to “holds a sea urchin license” for legal consistency with other regulatory language. This change does not affect an urchin license holder’s rights or the operation of the regulations.
RULE TITLE OR SUBJECT: Ch. 26, Sea Urchins, and Ch. 8, Groundfish: Technical change
PROPOSED RULE NUMBER: 2006-P114
CONCISE SUMMARY: A technical change is proposed in Ch. 26 and Ch. 8. The established regulations for the tagging of urchins currently located in Ch. 8 Landings Program would be relocated to Ch. 26.12 as this is not part of the Landings Program requirements.
STATUTORY AUTHORITY: 12 MRSA §6171, §6171-A and §6749
AGENCY CONTACT PERSON: Margaret Hunter (tel: 207-633-9541)
PUBLIC HEARINGS: Monday, June 12, 2006, 6:00 p.m.*, Science Building Lecture Hall, 9 O’Brien Ave., Univ. of Maine, Machias
Tuesday, June 13, 2006, 6:00 p.m.*, Lincoln County Communication's Center Meeting Room (lower entrance behind the courthouse), Route 1, Wiscasset
*Hearings for rulemaking on technical changes in Ch. 26 and 8 will start immediately upon the conclusion of the hearings for Ch. 26.07, Urchin Season by zone that begin at 6:00 p.m.. See separate rulemaking notices. If you are unable to attend a hearing persons are encouraged to submit written comments from the receipt or posting of this notice through Friday, June 23, 2006.
DEADLINE FOR WRITTEN COMMENTS*: Friday, June 23, 2006
RULE TITLE OR SUBJECT: Ch. 27.03, Sea Cucumber Endorsement and Reporting and Restrictions Regulations - Update
PROPOSED RULE NUMBER: 2006-P115
CONCISE SUMMARY: The Legislature enacted a new sea cucumber license pursuant to 12 MRSA §6801-A, and eligibility criteria in §6821, effective June 29, 2005. This new license replaced the sea cucumber endorsement rules in DMR regulations Ch. 27, which therefore would be removed in this proposed amendment as they are out of date with the new license law.
Persons are encouraged to submit written comments from the receipt or posting of this notice through Friday, June 23, 2006 during the comment period.
STATUTORY AUTHORITY: 12 MRSA §6814
AGENCY CONTACT PERSON: Deirdre Gilbert (tel: 207-624-6576)
PUBLIC HEARING: None scheduled, one may be requested
DEADLINE FOR WRITTEN COMMENTS*: Friday, June 23, 2006
RULE TITLE OR SUBJECT: Ch. 34.10(1)(B)(2), Recreational cod size increase and season
PROPOSED RULE NUMBER: 2006-P116
CONCISE SUMMARY: In accordance with the New England Fisheries Management Council, Amendment 13 to the NE Multispecies Fishery Management Plan biennial adjustment process, and for consistency with the National Marine Fisheries Service federal regulations effective May 1, 2006, the Department proposes an increase in the recreational cod minimum size from 22 to 24 inches total length and a closed season from November 1 to March 31.
Persons are encouraged to submit written comments from the receipt or posting of this notice through Friday, June 23, 2006 during the comment period.
STATUTORY AUTHORITY: 12 MRSA §6171
AGENCY CONTACT PERSON: Bruce Joule (tel: 207-633-9505)
PUBLIC HEARING: None scheduled, one may be requested
DEADLINE FOR WRITTEN COMMENTS*: Friday, June 23, 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. 803, Withholding Tax Reports & Payments
PROPOSED RULE NUMBER: 2006-P117
CONCISE SUMMARY: Rule 803 identifies income subject to Maine withholding and prescribes the methods for determining the amount of Maine Income Tax to be withheld from wages, non-wage payments, and pass-through entity income. It also explains the related reporting requirements. The new version now being proposed includes changes reflecting the electronic filing mandated by recently-enacted legislation, and various other changes designed to clarify the Rule and improve taxpayer convenience.
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 30, 2006
AGENCY CONTACT PERSON: Dennis M. Doiron, Director, Income/Estate Tax Division, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 626-8483
E-MAIL: dennis.m.doiron@maine.gov


AGENCY: 01-017 - Maine State Harness Racing Commission
RULE TITLE OR SUBJECT:
Ch. 1 Section 1 subsection 64, Person
Ch. 7 Section 18, Conditioned Races
Ch. 7 Section 18-A, Maine Owned or Bred Horses
Ch. 21 Section 11 subsection 4, Positive tests by a licensee
PROPOSED RULE NUMBER: 2006-P118 through P120
CONCISE SUMMARY:
Ch. 1 Section 1 subsection 64: redefine the term “Person”. The term “Person” needs to be clarified as to what a body politic can be.
Ch. 7 Section 18: add subsection 8, Maine Owned or Bred. The Commission is expanding the specified qualifications for conditioned races to include Maine Owned or Bred.
Ch. 7 Section 18-A: add a new section. A new section has been added to define what is a Maine Owned or Bred horse.
Ch. 21 Section 11 subsection 4: add a new paragraph. The Commission is granting authority to the Chair to suspend a license in conformity with 5 MRSA §10004 (5)(B). The period of suspension cannot exceed 30 days.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA §§ 263-A; 268; 275-C; 279-A; 279-B; and 281
PUBLIC HEARING: None.
DEADLINE FOR COMMENTS: June 23, 2006
AGENCY CONTACT PERSON: Henry W. Jackson, Executive Director, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221


ADOPTIONS


AGENCY: 01-026 – Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Adoption of Ch. 26, Standards for Indoor Pesticide Applications and Notification for All Buildings Except K-12 Schools
ADOPTED RULE NUMBER: 2006-204
CONCISE SUMMARY: The Board adopted Ch. 26, Standards for Indoor Pesticide Applications and Notification for All Buildings Except K-12 Schools at its May 12, 2006 meeting. The new rule sets standards for indoor pesticide applications in occupied buildings and requires that notice be provided to occupants for most applications of liquid pesticides and fumigants. Pesticide applicators will be required to implement Integrated Pest Management practices where appropriate, which include such things as sanitation, exclusion, trapping and monitoring. The new rule also requires applicators to takes steps to minimize pesticide exposure and resulting risks.
EFFECTIVE DATE: May 21, 2006
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731


AGENCY: 10-144 - Department of Healthy & Human Services
CHAPTER NUMBER AND TITLE: Ch. 283, Rules and Regulations relating to testing newborn infants for detection of causes of mental retardation and selected genetic conditions
ADOPTED RULE NUMBER: 2006-205
CONCISE SUMMARY: These rules define responsibilities of hospital administration and staff, physicians, "principal birthing attendants", parents and others with regard to the screening of newborn infants for conditions which if untreated can cause mental retardation or early death. These rules address the timing of newborn blood specimen collection, shipment of specimens, parental refusal of tests, conditions to be screened, records to be maintained, responsibilities for follow-up tests and reporting when necessary and the storage and use of leftover specimens.
EFFECTIVE DATE: May 22, 2006
AGENCY CONTACT PERSON: Ellie Mulcahy, Genetics Program, DHHS, ME CDC, Div. FH, 11 State House Station, Augusta, Maine, 04333
TELEPHONE: (207) 287-5357


AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rev. #230A
ADOPTED RULE NUMBER: 2006-206
CONCISE SUMMARY: This rule change removes the Federal Poverty Level Chart (Chart VI) from the MaineCare Eligibility Manual and instead provides references at select places in the manual for obtaining the most current list of Federal Poverty Level Amounts. The Federal Poverty Level amounts for 2006 have been published in the Federal Register effective January 24, 2006. This rule change updates the Full Standard Utility Allowance and the non-heat individual utility standard (Appendix C) used in the computation of the Nursing Home community spouse monthly income allowance. This rule change also updates the Spousal Living Allowance for eligible community spouses of individuals residing in Cost Reimbursed Boarding Homes or Adult Family Care Homes.
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: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4.03, Deer Hunting Seasons - Open and Closed Areas
ADOPTED RULE NUMBER: 2006-207
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule amending the framework for the hunting season for deer (with hand-held bow and arrow only) within the Drakes Island and Wells Sanctuaries, in the town of Wells. This is a permit-only hunt with permits being issued to licensed archery hunters authorized by a landowner. This special permit hunt will be open for a specified period between November 1 and December 31 annually.
EFFECTIVE DATE: May 23, 2006
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333-004
TELEPHONE: (207) 287-5201


AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 10, Significant Wildlife Habitat
ADOPTED RULE NUMBER: 2006-208
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules that define several Significant Wildlife Habitats, as described under 38 MRSA Section 480-B (10). This rule contains definitions for high and moderate value tidal waterfowl and wading bird habitats, shorebird nesting, feeding, and staging areas, and vernal pools. This rule will require that applicants for DEP permits under the Natural Resource Protection Act (NRPA) survey their project areas, with input from IF & W and avoid, minimize and/or mitigate impacts to these resources. A copy of the rule may be obtained from the Agency Contact Person listed below.
EFFECTIVE DATE: June 17, 2006
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333·0041
TELEPHONE: (207) 287-5201


AGENCY: 90-590 - Maine Health Data Organization.
CHAPTER NUMBER AND TITLE: Ch. 120, Release of Information to the Public
ADOPTED RULE NUMBER: 2006-209
CONCISE SUMMARY: This rule extends the review period to 30 days for data requests containing individually identifiable practitioner data elements to be made available to the public by the Maine Health Data Organization. The practitioner data will be tested for accuracy prior to the release. It stipulates that data requests containing individually identifiable practitioner data elements must be reviewed and that the review must include applicable practitioner related professional organizations and/or the presidents or chairs of the Maine based medical specialty organizations. The effective date of this rule modification will be January 1, 2007.
CHAPTER NUMBER AND TITLE: Ch. 270, Uniform Reporting System for Health Care Quality Data Sets
ADOPTED RULE NUMBER: 2006-210
CONCISE SUMMARY: This rule requires acute care hospitals in Maine to report five (5) new Healthcare Associated Infection (HAI) quality measures to the MHDO each quarter. Two measures are associated with central line catheter-associated blood stream infection rates; two measures evaluate compliance with interventions proven to prevent central line catheter-associated infections; and one measure evaluates compliance with interventions proven to prevent ventilator-associated pneumonias. Section 3, HAI Quality Data Set Filing Description will be effective January 1, 2007.
EFFECTIVE DATE: January 1, 2007
CONTACT PERSON: Alan M. Prysunka, Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722