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Home > Weekly Newspaper Notices > February 21, 2007

February 21, 2007

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: 90-429 - Department of Health and Human Services, Board of Licensure of Water System Operators
RULE TITLE OR SUBJECT: Ch. 1, Rules Relating to the Licensure of Water System Operators
PROPOSED RULE NUMBER: 2007-P40
CONCISE SUMMARY: The changes to the Rules Relating to the Licensure of Water System Operators include the following: increase in licensure exam, certificate, and renewal fees; further explaining the requirements for classification; referencing the Board's authority to establish a procedure to process formal complaints against water operator licensees; and, finally, the rule changes articulate what training is relevant to operation and maintenance of public water systems.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §2628
PUBLIC HEARING: March 15, 10 a.m., Key Bank Building, First Floor, 286 Water Street, Augusta, Maine
DEADLINE FOR COMMENTS: March 26, 2007
AGENCY CONTACT PERSON NAME: Tera Pare, J.D., Rulemaking Coordinator, Drinking Water Program, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5680



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 8.05, Endangered Species
PROPOSED RULE NUMBER: 2007-P41
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to re-adopt the following Essential Habitat designations that were advertised, adopted and consented to by the IF&W Advisory Council, but were not filed with the Secretary of State’s Office within the deadline. In summary, 65 additional designations of areas as Essential Habitat for bald eagle nest sites; 27 deletions of previously designated Essential Habitats for bald eagles; 1 relocation of previously designated Essential Habitats for bald eagles; and 2 administrative relabels of previously designated Essential Habitats for bald eagles are proposed. Letters of notification and maps of proposed areas were previously sent to all known affected landowners.
       One or more new bald eagle nest sites are being designated in the towns of Addison, Bath, Beals, Bowdoin College Grant, Bowdoinham, Bradley, Brewer, Brooksville, Brunswick, Canton, Chester, Dedham, Deer Isle, Dresden, Eagle Lake Twp., Eastport, Eddington, Edinburg, Edmunds Twp., Eustis, Gouldsboro, Greene, Hampden, Harrington, Harpswell, Hobbstown Twp., Islesboro, Jay, Jonesport, Lamoine, Lincoln, Lynchtown Twp., Meddybemps, Milbridge, Milford, Millinocket, Muscle Ridge Shoals, North Haven, Orono, Orrington, Passadumkeag, Pembroke, Poland, Presque Isle, Rome, Shapleigh, Sidney, Steuben, Stonington, Swans Island, T1 R8 WELS, T3 ND, T3 R5 BKP WKR, T3 R9 NWP, T4 Indian Purchase, T6 R14 WELS, T7 R8 WELS, T7 R14 WELS, T8 R14 WELS, Township C, Trenton, Unity, Vinalhaven, West Bath, Whitefield, Willimantic, and Winter Harbor.
       One or more previously designated Essential Habitats for bald eagles are being deleted in the towns of Baileyville, Blue Hill, Cutler, Deer Isle, East Machias, Edmunds Twp., Ellsworth, Forest City Twp., Frenchboro, Gouldsboro, Isle au Haut, Islesboro, Jonesport, Milbridge, Roque Bluffs, Soper Mountain Twp., Sorrento, Surry, Swans Island, TA R7 WELS, T7 R14 WELS, T10 R12 WELS, T10 R13 WELS, T11 R12 WELS, T11 R13 WELS, T17 R4 WELS, Trescott Twp., and Vinalhaven.
       Previously designated Essential Habitats for bald eagles are being remapped to improve map accuracy in the town of T3 R12 WELS.
       Previously designated Essential Habitats for bald eagles are being remapped for administrative label changes in the towns of Deer Isle, Lubec, and Trescott Twp.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §§ 10104, 12804.
PUBLIC HEARINGS: none scheduled – one may be requested.
DEADLINE FOR COMMENTS: March 23, 2007
AGENCY CONTACT PERSON: Written comments should be directed to Andrea Erskine, Maine Department of Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041, or by e-mail Andrea.Erskine@maine.gov or by FAX to 207-287-6395



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 2.05, Rules Pertaining to Bass Fishing Tournaments
PROPOSED RULE NUMBER: 2007-P42
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing a rule to require that all bass taken during a bass fishing tournament shall be returned to the water from which it was caught, unharmed as far as possible, at the conclusion of the tournament day. The daily limit shall be 5 bass per participant with no weight limit. These regulations were inadvertently repealed in an earlier rulemaking initiative.
STATUTORY AUTHORITY: MRSA Title 12, Section 12505
RULE TITLE OR SUBJECT: Ch. 14, Commercial Whitewater Rafting
PROPOSED RULE NUMBER: 2007-P43
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule for commercial whitewater rafting establishing the order of launch for 2007.
STATUTORY AUTHORITY: 12 MRSA §§ 12909, 12910, 12913
A copy of these proposals may be obtained from the Agency Contact Person.
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: March 23, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04330-0041
E-MAIL: Andrea.Erskine@maine.gov


ADOPTIONS



AGENCIES: 10-144, Department of Health and Human Services (DHHS), and 26-239, Office of Attorney General (AG)
CHAPTER NUMBER AND TITLE: 10-144 Ch. 275 Section 1, and 26-239 Ch. 111, Prescription Drug Clinical Trial Reporting
ADOPTED RULE NUMBER: 2007-50 and 51
CONCISE SUMMARY: The rule defines the obligations of manufacturers and labelers of prescription drugs and biological products to publicly disclose on Internet websites information about clinical trials of drugs or biological products that are or have been FDA-approved for marketing and are or have been dispensed, administered, delivered or promoted in Maine. The final rule further clarifies the required content, timing and location of these disclosures, and indicates for which clinical trials this information is required.
See http://www.maine.gov/bms/rules/gen_other_rules.htm for rules and related rule-making documents.
EFFECTIVE DATE: March 1, 2007
DHHS CONTACT PERSON: Scott Goulette, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Phone (207) 287-9370; FAX: (207) 287-9369; TDD/TTY: (207) 287-1828 or toll free 1 (800) 423-4331 (Deaf or Hard of Hearing)
AG CONTACT PERSON: Linda J. Conti, Assistant Attorney General, State House Station 6, Augusta, ME 04333. Phone: (207) 626-8591; Fax (207) 624-7730



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual: SSI COLA Increase 2007
ADOPTED RULE NUMBER: 2007-52 (Emergency)
CONCISE SUMMARY: The SSI COLA increase of 3.3% is reflected in MaineCare income limits for coverage in the following MaineCare categories: Home Based Waivers, Katie Beckett, Categorical Nursing Care, Adult Family Care Home and the income limit for the State Supplement.
The amount of protected assets for a community spouse of a nursing home applicant increases to $101,640. The maximum monthly income to a community spouse of a nursing home resident increases to $2,541.
EFFECTIVE DATE: February 9, 2007
AGENCY CONTACT PERSON: Bethany Hamm, 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) 287-5093
TTY: (800) 606-0215