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May 9, 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: 65-625 - Public Utilities Commission, Emergency Services Communications Bureau
RULE TITLE OR SUBJECT: Ch. 2, Requirements for the Enhanced 9-1-1 Service Provider and Local Exchange Carriers, and Amendments to Ch. 1, Standards for Establishing a Statewide Enhanced 9-1-1 System
PROPOSED RULE NUMBER: 2007-P91
CONCISE SUMMARY: In this rulemaking, the Commission proposes a new Chapter 2 of the rules of the Emergency Services Communication Bureau (Bureau) to establish requirements for Enhanced 9-1-1 (E9-1-1) and Local Exchange Carriers (LECs), including connectivity and network design standards, outage notification procedures, and Automatic Location Identification (ALI) database provisioning, as required by 25 MRSA 2933. The proposed rule addresses requirements for both LECs and the E9-1-1 System Service Provider. The Commission also amends Chapter 1 by removing Section 2 Network design specifications; Section 5(1) Technology for system network, Section 5(3) Database requirements; Section 6(2)(B) Routing database maintenance and Section 7(3) Discrepancy reporting, as they will be included in the new Chapter 2.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 104, 111, and 25 MRSA 2926
PUBLIC HEARING: June 1, 2007 at 9:00 a.m. at the Maine Public Utilities Commission, 242 State Street, Augusta, Maine
COMMENT DEADLINE: June 13, 2007 - Reference Docket Number 2007-220
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 101, Loan Insurance Program, Amendment 2
PROPOSED RULE NUMBER: 2007-P92
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 and 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: Upon request of five (5) or more persons only.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before June 8, 2007.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 043320949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual, Rev. #234P:: SSI COLA Increase 2007
PROPOSED RULE NUMBER: 2007-P93
CONCISE SUMMARY: The SSI COLA increase of 3.3% is reflected in the MaineCare income limits for coverage in the following MaineCare categories: Home Based Waivers, Katie Beckett, Categorical Nursing Care, Adult Family Care Homes 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.
This rule updates the Spousal Living Allowance for Eligible Community Spouses of individuals residing in Cost Reimbursed Board Homes or Adult Family Care Homes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 42 USC 1382(f) and MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: June 8, 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, Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (800) 606-0215 (Deaf/Hard of Hearing)


ADOPTIONS



AGENCY: 06-096 - Maine Department of Environmental Protection, jointly with 94-376, Maine Municipal Bond Bank
CHAPTER NUMBER AND TITLE: Ch. 595, State Revolving Fund
ADOPTED RULE NUMBER: 2007-172, 173
CONCISE SUMMARY: These proposed amendments will update the rule, originally adopted in 1990, to allow the use of the fund for additional water improvement practices, add flexibility for borrowers, pay for administration of the program and reflect changes to federal requirements regarding the program.
EFFECTIVE DATE: May 5, 2007
AGENCY CONTACT PERSONS:
Stephen A. McLaughlin, P .E., Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone (207)287-7768
Karen L. Asselin, Maine Municipal Bond Bank, 3 University Dr., P.O. Box 2268, Augusta, ME 04338-2268. Telephone (207) 622-9386



AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 328, Rules Governing the Licensing and Inspection of Farm Cheese
ADOPTED RULE NUMBER: 2007-174
CONCISE SUMMARY: This rule outlined the licensing and inspection of farm cheese. It is now repealed. These standards are established in Ch. 329, Rules Governing Milk and Milk Products.
CHAPTER NUMBER AND TITLE: Ch. 329, Rules Governing Milk and Milk Products
ADOPTED RULE NUMBER: 2007-175
CONCISE SUMMARY: This rule outlines criteria for permitting, licensing and inspection of Maine dairy farms and milk and milk distributors (processors).
EFFECTIVE DATE: May 31, 2007
AGENCY CONTACT PERSON: Shelley F. Doak, Director, Department of Agriculture, Food & Rural Resources, Deering Building, Augusta, ME 04333-0028
TELEPHONE: (207) 287-7610



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.96(B)(2)(e), Zone A Apprentice Requirement, and Ch. 25.96(B)(3)(b)(ii)(2)(e), Zone A Apprentice Sponsor Requirement
ADOPTED RULE NUMBER: 2007-176
CONCISE SUMMARY: The Department of Marine Resources adopts regulations in Chapter 25.96 based on a referendum response by Zone A members and a recommendation by the Zone A Lobster Management Council members to the Commissioner submitted in accordance with the provisions of 12 MRSA 6447(6). These regulations would establish two new requirements in Zone A. Apprentices who wish to enter Zone A must complete their apprenticeship in that zone, and sponsors of Zone A 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 are grandfathered for the length of the program that they began their apprenticeship in prior to the effective date of this regulation.
EFFECTIVE DATE: May 6, 2007
AGENCY CONTACT PERSON: Laurice U. Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TEL: (207) 633-9584
TTY: (207) 633-9500



AGENCY: 65-407 Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 323, Electronic Business Transactions Standards
ADOPTED RULE NUMBER: 2007-177
CONCISE SUMMARY: Through this Order, we amend certain portions of the Electronic Business Transactions (EBT) Standards that are contained in Ch. 323 of our rules. These amendments to the EBT Standards are a consensus recommendation of the Maine EBT Working Group (EBTWG).
EFFECTIVE DATE: May 6, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, State House Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 609, ASPIRE-JET Program Rules
ADOPTED RULE NUMBER: 2007-178
CONCISE SUMMARY: This rule adopts the following changes and corrections:
1. ABAWDs are Mandatory Work Registrants and are subject to work requirements and have special work requirements as specified by Food Stamp Program rules.
2. ABAWDs will enroll in ASPIRE-JET only after completing ABAWD special work requirements under the Food Stamp Program rules as ASPIRE-JET is currently offering only a Job Search Component, which is not a qualifying activity for ABAWDs.
3. The USDA/FNS has disallowed previously approved geographical exemptions that were based on unemployment rates. As a result, this rule redefines the geographical area of ASPIRE-JET service.
4. Clarifies availability of ASPIRE-JET Services Components based on funding.
5. Clarifies how completion of ASPIRE-JET is obtained through full time employment.
6. Participant reimbursement for other than dependent care is increased from $25 per month to $50 per month.
7. Deferral from participation for working less than 30 hours in certain circumstances is eliminated.
8. The names of the Department and Bureau are changed to their current designation of Department of Health and Human Services, Office of Integrated Access and Support.
9. A specific description of ABAWD exemptions is removed as this has changed in Food Stamp Policy.
EFFECTIVE DATE: March 1, 2007
AGENCY CONTACT PERSON: Robert L. Thibodeau, Food Stamp 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: (800) 606-0215