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Home > Weekly Newspaper Notices > April 25, 2007

April 25, 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: 05-071 – Department of Education
RULE TITLE OR SUBJECT: Ch. 13, Qualifying Examinations for Teachers, Education Specialists and Administrators
PROPOSED RULE NUMBER: 2007-P68
CONCISE SUMMARY: The revisions are these:
PRAXIS II tests and test scores have been added to the charts for pre-k early childhood, blind, health, theater and PLT.
A new PRAXIS II test and score has been added to the #282 teacher of disabled students birth to age 5, with a period of time which allows a person to take the old test requirement or the new one.
There was no score set for the teacher of the deaf/hearing impaired because of lack of valid data. Educational Testing Service will work with Maine and convene a standard setting panel at Baxter School over the following school year. There will be no minimum score required for applicants receiving this endorsement until such time as a specific score is set. See Section 3.4.A.
Section 3.11. Out-of-state certificate holders will not need to take PRAXIS I/PPST or PLT. They will only need the PRAXIS II Content area assessment.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA §13011(1)
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: May 25, 2007
AGENCY CONTACT PERSON: Joanne C. Holmes, Maine Department of Education, 23 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-6620



AGENCY: 06-096 – Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 139, Transportation Conformity
PROPOSED RULE NUMBER: 2007-P69
CONCISE SUMMARY: Transportation conformity is required under Clean Air Act section 176(c) (42 U.S.C. 7506(c)) to ensure that federally supported highway and transit project activities are consistent with ("conform to") the purpose of the state air quality implementation plan (SIP) in areas that are designated non-attainment, and those re-designated to attainment after 1990. For compliance with the SIP, transportation activities will not cause new air quality violations, worsen existing violations, or delay timely attainment of the relevant national ambient air quality standards. Pursuant to Federal transportation conformity requirements, the Department is proposing to adopt 1.) the criteria and procedures for consultation and 2.) enforcement and enforceability. 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/proposed.htm.
Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency contact person.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §585, 585-A and 42 U.S.C. 7506
PUBLIC HEARING: May 17, 2007, 1:00 p.m., Holiday Inn/Ground Round, Augusta
DEADLINE FOR COMMENTS: May 31, 2007
AGENCY CONTACT PERSON: Melissa Morrill, Department of Environmental Protection, 17 State House Station Augusta, ME 04333-0017
TELEPHONE: (207) 287-6102



AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 529, General Permits for Certain Wastewater Discharges
PROPOSED RULE NUMBER: 2007-P70
CONCISE SUMMARY: This proposed rule amends the rule originally adopted in 1999. This is a routine periodic update of an existing rule being done to maintain consistency with EPA's parallel regulations and to make various administrative changes. This chapter describes the regulatory requirements for issuance of general permits authorizing the discharge of certain pollutants to Waters of the State.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 38, Maine Revised Statutes Annotated, Section 34l-D(l-B)
PUBLIC HEARING: No public hearing is planned. A request for a public hearing must be in writing directed to the agency contact person listed below and must be received before the deadline for comments.
DEADLINE FOR COMMENTS: May 25, 2007 at 5:00 p.m.
Written comments may be submitted to the agency contact person by mail at the address below, by fax at (207) 287-7826, or by email at Dennis.L.Merrill@maine.gov. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that the risk of nondelivery associated with submissions by fax or email is on the sender. A copy of the rule is available upon request from the contact below, and on the web at:
http://www.maine.gov/dep/blwq/rule.htm.
AGENCY CONTACT PERSON: Dennis Merrill, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-7788



AGENCY: 10-144 - Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Chronic Disease, Maine Breast and Cervical Health Program
RULE TITLE OR SUBJECT: Ch. 707, Rules relating to National Breast and Cervical Cancer Early Detection Program (NBCCEDP) in Maine
PROPOSED RULE NUMBER: 2007-P71
CONCISE SUMMARY: To finalize the emergency rules in effect since April 25, 2007. These rules have been amended to expand the program to include women age 35-39 who are symptomatic or have a breast or cervical abnormal finding. These rules are necessary to process daily enrollment applications received by the MBCHP and to establish protocol in determining eligibility for the screening program for 35-39 year old women.
Final edits also include modifications of covered procedures to allow for future changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 1993, c. 707, Part A, Sec. A-2
PUBLIC HEARING: None scheduled, but one may be requested in writing by five or more people
DEADLINE FOR COMMENTS: May 25, 2007
AGENCY CONTACT PERSON: Maine Breast and Cervical Health Program, Celeste Philippon, MS, RN, Assistant Program Director, 11 State House Station, 286 Water Street, Key Plaza, 4th Floor, Augusta, ME 04333
TELEPHONE: (207) 287-3994



AGENCY: 07-105 - State Planning Office
RULE TITLE OR SUBJECT:
Ch. 208 (new), Comprehensive Plan Review Criteria Rule
Repeals and replaces Ch. 202 of the same title
Repeals Ch. 100, Affordable Housing Definition Rule
Amends Ch. 201, Procedural Rule for Submission and Review of Zoning Ordinances
PROPOSED RULE NUMBER: 2007-P72 through P75
CONCISE SUMMARY: The State Planning Office seeks to change the process and criteria it uses to review local comprehensive plans for consistency with the Growth Management Act. The changes will provide clearer guidance as to what constitutes consistency; streamline the criteria for achieving consistency; and expedite the state's review process in order to increase the number of local plans that are consistent and reduce the time it takes to bring a plan to consistency. This chapter replaces Ch. 202, the current review criteria for municipal comprehensive plans.
The State Planning Office also proposes to change the submission requirements for the review process (Ch. 201) and to repeal Ch. 100, the Affordable Housing Definition rule, which has been made obsolete by statutory changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA §4312(4)
PUBLIC HEARING: May 16, 2007 at Pine Tree State Arboretum at 153 Hospital St, Augusta at 3:00 p.m. The meeting room is accessible to persons with physical disabilities. Any interested party requiring special arrangements to attend the hearing must contact Donna Bradstreet at 1 (800) 662-4545 before May 9, 2007.
DEADLINE FOR COMMENTS: May 31, 2007
AGENCY CONTACT PERSON: Jody Harris, State Planning Office, 38 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-5424



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
PROPOSED RULE NUMBER: 2007-P76
CONCISE SUMMARY: All changes in this proposed rule would have an effective date of August 1, 2006. The inpatient reimbursement changes require approval by the Centers for Medicare and Medicaid Services (CMS) before they can become effective. This rule change will increase total state and federal expenditures for hospital services by approximately $4.9 million for SFY '07.
The Department proposes changes in reimbursement for hospitals in the following areas:
* Acute care, non-critical access hospitals: The Department is proposing reformulating its price per discharge calculation and the associated PIP amounts. Per discharge payments for acute care and distinct psychiatric units will be reduced. In addition, a total pool of approximately $35 million will be distributed among these hospitals based on relative share of inpatient discharges. Additionally, the prospective interim payment (PIP) will be capped at the greater of the PIP that a hospital received during SFY '06 or 72% of the PIP calculated for SFY '07.
* Critical access hospitals: One million dollars will be added to the supplemental pool available for distribution.
* Hospitals that have been reclassified to a wage area outside Maine by the Medicare Geographic Classification Review Board: This new category of hospitals will be created for reimbursement purposes. Reimbursement will be 117% of costs.
The following minor changes are also proposed:
* Terminology is updated throughout the rule.
* More specificity has been added regarding the data used to calculate the PIP.
See at http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related documents.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES. Municipalities own two hospitals.
STATUTORY AUTHORITY: 22 MRSA, §42, §42(8), §3173
PUBLIC HEARING: Wednesday, May 16, 2007, 1:00 p.m., DHHS, 442 Civic Center Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: Comments must be received by 11:59 May 27, 2007.
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)



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.01(J), Size of Traps, and 4.01(K), Location of and Preparation for Traps
PROPOSED RULE NUMBER: 2007-P77
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing a rule amendment in order to protect eagles and lynx, both species listed under the Federal Endangered Species Act. This rule will restrict the use of bait and restricts the type of sets that can be made in Wildlife Management Districts 1 through 11.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10104, subsection 1
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: May 25, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, #41 State House Station – 284 State Street, Augusta, ME 04333-0041
E-MAIL: Andrea.Erskine@maine.gov
TELEPHONE: (207) 287-5201



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 36.01(D)(1)&(3), Herring Management Plan, Catch restrictions – ASMFC Zero Tolerance compliance
PROPOSED RULE NUMBER: 2007-P78
CONCISE SUMMARY: The proposed amendments would bring Maine’s herring regulations into compliance with the Atlantic States Marine Fisheries Commission, Technical Addendum I to Amendment 2 to the Interstate Fishery Management Plan for Atlantic Herring regarding zero tolerance of spawn herring taken from within a restricted spawning management area. The vessel transit provision, when carrying legally caught spawn herring, would also be amended to require that all fishing gear be stowed when transiting a closed area.
STATUTORY AUTHORITY: 12 MRSA §6171
AGENCY CONTACT PERSON: Terry Stockwell (tel: 207-624-6562)
RULE TITLE OR SUBJECT: Ch. 34(1)(A)(5), Groundfish, Federal Mesh Size Consistency
PROPOSED RULE NUMBER: 2007-P79
CONCISE SUMMARY: The pressure or pull of 5 kg used to measure mesh size would be changed to 8 kg. This amendment would provide compliance and consistency with new Federal regulations effective May 1, 2007 in 50 CFR §648.80 NE Multispecies regulated mesh areas and restrictions on gear and methods of fishing. The increased weight used to measure mesh size would improve the accuracy of measurements of fishing net mesh size.
STATUTORY AUTHORITY: 12 MRSA §6171
AGENCY CONTACT PERSON: Col. Joe Fessenden (tel: 207-624-6550)
RULE TITLE OR SUBJECT: Ch. 34, Groundfish: Technical amendments
PROPOSED RULE NUMBER: 2007-P80
CONCISE SUMMARY: This rulemaking proposes two changes in Chapter 34. First, to remove section 34.01, Nonresident Groundfish Reporting Regulations, which is out of date and no longer necessary; and second to add the season dates of July 1 through November 30 to the whiting regulations for consistency with the federal whiting rules.
STATUTORY AUTHORITY: 12 MRSA §6171
AGENCY CONTACT PERSON: Laurice Churchill (tel: 207- 633-9584)
PUBLIC HEARINGS: Tuesday, May 15, 2007, 6:00 p.m.**, Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
**Public hearings for Chapters 36 Herring and 34 Groundfish (see separate rulemaking notices above) will be held on May 15, 2007, beginning with the hearing on Chapter 36 at 6:00 p.m., and being followed by separate hearings on Chapter 34, in numerical order, immediately upon the conclusion of the previous hearing.
DEADLINE FOR WRITTEN COMMENTS: Friday, May 25, 2007
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
TELPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)



AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 101, Loan Insurance Program, Amendment 2
PROPOSED RULE NUMBER: 2007-P81
CONCISE SUMMARY: This rule Amendment expands the Authority's ability to insure working capital loans. Additionally, the amendment corrects references to the Authority's Business Division Direct Loan & Loan Insurance Credit Policy.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA §§ 969-A(14), and 1026-A
PUBLIC HEARING: 10:00 a.m., May 17, 2007, Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before May 17, 2007, but will be accepted on or before May 25, 2007. Oral or written comments may be presented at the hearing.
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: 04-061 - Department of Conservation, Land Use Regulation Commission
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards
ADOPTED RULE NUMBER: 2007-143
CONCISE SUMMARY: The Commission has adopted rules which provide for affordable housing opportunities within its jurisdiction. The rules give the Commission the authority to reduce minimum lot size and other dimensional requirements for the purpose of providing affordable housing. Simultaneously with the promulgation of the rules, the Commission adopted (following public comment but not through rulemaking) a general policy that describes affordable housing needs in its jurisdiction, including the housing market and income trends as well as a range of related issues, and presents broad goal and policy statements dealing with these issues.
EFFECTIVE DATE: April 19, 2007
AGENCY CONTACT PERSON: Susan Burns, Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: (207) 287-4969
E-MAIL: susan.burns@maine.gov