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Home > Weekly Newspaper Notices > June 6, 2007

June 6, 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: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4.01, Open Seasons for the Hunting and Trapping of Furbearing Animals (Fisher and Marten)
PROPOSED RULE NUMBER: 2007-P110
CONCISE SUMMARY: The Department is proposing a rule amendment to limit the open season for trapping of fisher and marten to a one-month period starting November 15th and ending December 15th. Currently the season runs from the beginning of November to the end of December. This rule is necessary due to the steady decline in fisher populations over the last 5 year period.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §§ 10104 and 12251
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: July 6, 2007
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries and Wildlife, #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4.01(D), Hunting Seasons for Upland Game (Ruffed Grouse)
PROPOSED RULE NUMBER: 2007-P111
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to change the hunting season for ruffed grouse (partridge) by eliminating the month of December from the current season.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARINGS:
Tuesday, June 12, 2007, Calais Rod and Gun Club, Charlotte Road, Charlotte, 6:30 p.m.
Wednesday, June 27, 2007, Presque Isle Fish and Game Club, Parsons Road, Presque Isle; 6:30 p.m.
DEADLINE FOR COMMENTS: July 30, 2007
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping (4.06, Wild Turkey Hunting Season)
PROPOSED RULE NUMBER: 2007-P112
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife is proposing to amend the fall wild turkey hunting season by establishing 6 additional hunting days during the fall season in which wild turkey may be hunted with the use of shotguns in a newly established zone.
A copy of the proposal may be obtained from the Agency Contact Person listed below.
STATUTORY AUTHORITY: 12 MRSA §11701
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: July 6, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov



AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 16, Allocation of State Ceiling for Low-Income Housing Tax Credit Rule
PROPOSED RULE NUMBER: 2007-P113
CONCISE SUMMARY: The Rule is the State of Maine’s qualified allocation plan for allocating and administering the State’s ceiling of low income housing tax credits pursuant to Section 42 of the Internal Revenue Code of 1986, as amended, (the “Code”). Maine State Housing Authority (“MaineHousing”), as the State’s designated housing credit agency, is modifying the Rule to establish the qualified allocation plan for the 2008 and 2009 State ceiling of low income housing tax credits. Significant changes from the last qualified allocation plan include (i) replacing the former per project cap with a per low-income unit cap on the amount of low income housing tax credit a project is eligible to receive to allow the development of larger, more cost-effective housing projects; (ii) replacing the former selection criterion that encouraged developers to use developer fee as a source of capital funding for projects with a new more restrictive per unit cap on the total amount of developer fee developers are allowed to receive; (iii) restricting the amount of additional low income housing tax credits a project can receive after an application has been selected based on an industry standard for determining whether a design professional has designed a project to budget; (iv) replacing former smart growth criteria with a new comprehensive selection criterion to encourage smart growth, particularly the development of housing in downtowns and within safe walking distance of services important to daily life, with a substantially greater relative weight than the former selection criteria combined; (v) replacing the former housing needs rankings with new selection criteria that are based on the need for affordable housing in service center communities, rather than labor market areas, and rely on vacancy data and data on rent comparables in the market studies required to be submitted with the application for low income housing tax credits; (vi) requiring all market studies to comply with the National Council of Affordable Housing Market Analysts (NCAHMA) Model Standards for Market Studies for Rental Housing; (vii) creating a new selection criterion that encourages applicants to use NCAHMA members to prepare the market studies; (viii) changing certain selection criteria that all applicants pledge in their applications to threshold criteria, including minimum affordability and preference for persons on Section 8 and public housing waiting lists; (ix) changing the rural housing set-aside to a set-aside for the preservation of multi-family housing previously funded by Rural Development because of the lack of Rural Development funding for new multifamily housing construction; (x) eliminating the project-based rental assistance selection criterion; (xi) establishing a new selection criterion that encourages the development of affordable housing in difficult to develop areas and qualified census tracts; (xii) instituting a tie breaker mechanism for awarding credits to applications that have the same total score but for which MaineHousing does not have enough credits to fund all tied applications; (xiii) modifying existing criteria to clarify or better effectuate the intent of the criteria; and (xiv) other updates, clarifications and grammatical changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA §§4741(1) and 4741(14), Section 42 of the Internal Revenue Code of 1986, as amended
PUBLIC HEARING: Monday, June 25, 2007, 1:00 p.m., Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities. Upon sufficient notice, written materials provided in connection with the hearing will also be made available in alternative formats.
DEADLINE FOR COMMENTS: Thursday, July 5, 2007, 5:00 p.m.
AGENCY CONTACT PERSON: Jodie Stevens, Counsel, Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 25.96(B)(2)(f), Zone B Apprentice Requirement and
Ch. 25.96(B)(3)(b)(ii)(2)(f), Zone B Apprentice Sponsor Requirement
PROPOSED RULE NUMBER: 2007-P114
CONCISE SUMMARY: The Department of Marine Resources proposes regulations in Chapter 25.96 based on a referendum response by Zone B members and a recommendation by the Zone B 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 B. Apprentices who wish to enter Zone B must complete their apprenticeship in that zone, and sponsors of Zone B 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, Chapter 25.96(B)(2)(e) will not apply to those portions of the apprentice program requirements a person has completed prior to the effective date of this rule.
STATUTORY AUTHORITY: 12 MRSA §6447
AGENCY CONTACT PERSON: Sarah Cotnoir (tel: 207-624-6596)
PUBLIC HEARING: Thursday, June 28, 2007, 6:00 PM, Ellsworth City Hall (Auditorium), One City Hall Plaza, Ellsworth
DEADLINE FOR WRITTEN COMMENTS*: Monday, July 9, 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
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: 01-001, Maine Department of Agriculture, Food, & Rural Resources, Division of Quality Assurance and Regulations
RULE TITLE OR SUBJECT: Ch. 346, Rules Governing Meat and Poultry Inspection and Licensing
PROPOSED RULE NUMBER: 2007-P115
CONCISE SUMMARY: For the purpose of Chapter 346, parts of the 2002 version of Title 9, Code of Federal Regulations (CFR), Part 300 to end, Title 21 CFR 178.1010, and Title 21 CFR 178.3570 were previously adopted.
This amendment to Chapter 346 adds two new parts of Title 9 CFR, Parts 300 to End, and amends the rule to reference the 2007 version of the previously adopted parts of 9 CFR, Parts 300 to End, and parts of Title 21, CFR.
9 CFR 301, Definitions
9 CFR 302, Application of inspection and other requirements
9 CFR 303, Exemptions
9 CFR 304, Application for inspection; grant of Inspection
9 CFR 305, Official Numbers; subsidiaries and tenants
9 CFR 306, Assignment and authorities of program employees
9 CFR 307, Facilities for inspection
9 CFR 309, Ante mortem inspection
9 CFR 310, Postmortem inspection
9 CFR 311, Disposal of diseased or otherwise adulterated carcasses and parts
9 CFR 312, Official marks, devices and certificates
9 CFR 313, Humane Slaughter of Livestock
9 CFR 314, Handling and Disposal of Condemned or Other Inedible Products at Official Establishments
9 CFR 315, Rendering or other disposal of carcasses and parts passed for cooking
9 CFR 316, Marking Products and Their Containers
9 CFR 317, Labeling, Marking Devices, and Containers
9 CFR 318, Entry into Official Establishments; Re-inspection and Preparation of Products
9 CFR 319, Definitions and Standards of Identity or Composition
9 CFR 321, Cooperation with States and Territories
9 CFR 325, Transportation
9 CFR 352, Exotic Animals; Voluntary Inspection
9 CFR 354, Voluntary Inspection of Rabbits and Edible Products Thereof
9 CFR 362, Voluntary Poultry Inspection Regulations
9 CFR 381, Poultry Products Inspection Regulations
9 CFR 416, Sanitation
9 CFR 417, Hazard Analysis and Critical Control Point(HACCP) Systems
9 CFR 424, Preparation
21 CFR 178.1010, Sanitizing Solutions
21 CFR 178.3570, Lubricants with Incidental Food Contact
9 CFR 430, Requirements for specific classes of product
9 CFR 441, Consumer Protection Standards: Raw Products
9 CFR 500, Rules of Practice
The changes to Chapter 346 are necessary to avoid an immediate threat to the public health of Maine consumers, and to maintain Equal-To status with USDA, Food Safety Inspection Service (FSIS).These changes incorporate the 2007 version of the federal regulations that serve to guard against the contamination of ready-to-eat product with Listeria monocytogenes, ensure the surveillance of Salmonella sp. in raw and ready-to-eat products, ensure the surveillance and recall of products contaminated with E coli 0157:H, ensure the removal of the Specific Risk Materials (SRMs) of Bovine Spongiform Encephalopathy (BSE), and implement the rules of practice necessary to suspend and/or withdraw operations at inspected establishments that experience significant sanitation and product contamination violations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §2513
PUBLIC HEARING: None scheduled but may be requested.
DEADLINE FOR COMMENTS: July 6, 2007
AGENCY CONTACT PERSON: Hal Prince, Director, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333
TELEPHONE :(207) 287-3841


ADOPTIONS



AGENCY: 01-001, Maine Department of Agriculture, Food, & Rural Resources, Division of Quality Assurance and Regulations
RULE TITLE OR SUBJECT: Ch. 346, Rules Governing Meat and Poultry Inspection and Licensing - EMERGENCY
PROPOSED RULE NUMBER: 2007-227
CONCISE SUMMARY: For the purpose of Chapter 346, parts of the 2002 version of Title 9, Code of Federal Regulations (CFR), Part 300 to end, Title 21 CFR 178.1010, and Title 21 CFR 178.3570 were previously adopted.
This amendment to Chapter 346 adds two new parts of Title 9 CFR, Parts 300 to End, and amends the rule to reference the 2007 version of the previously adopted parts of 9 CFR, Parts 300 to End, and parts of Title 21, CFR.
9 CFR 301, Definitions
9 CFR 302, Application of inspection and other requirements
9 CFR 303, Exemptions
9 CFR 304, Application for inspection; grant of Inspection
9 CFR 305, Official Numbers; subsidiaries and tenants
9 CFR 306, Assignment and authorities of program employees
9 CFR 307, Facilities for inspection
9 CFR 309, Ante mortem inspection
9 CFR 310, Postmortem inspection
9 CFR 311, Disposal of diseased or otherwise adulterated carcasses and parts
9 CFR 312, Official marks, devices and certificates
9 CFR 313, Humane Slaughter of Livestock
9 CFR 314, Handling and Disposal of Condemned or Other Inedible Products at Official Establishments
9 CFR 315, Rendering or other disposal of carcasses and parts passed for cooking
9 CFR 316, Marking Products and Their Containers
9 CFR 317, Labeling, Marking Devices, and Containers
9 CFR 318, Entry into Official Establishments; Re-inspection and Preparation of Products
9 CFR 319, Definitions and Standards of Identity or Composition
9 CFR 321, Cooperation with States and Territories
9 CFR 325, Transportation
9 CFR 352, Exotic Animals; Voluntary Inspection
9 CFR 354, Voluntary Inspection of Rabbits and Edible Products Thereof
9 CFR 362, Voluntary Poultry Inspection Regulations
9 CFR 381, Poultry Products Inspection Regulations
9 CFR 416, Sanitation
9 CFR 417, Hazard Analysis and Critical Control Point(HACCP) Systems
9 CFR 424, Preparation
21 CFR 178.1010, Sanitizing Solutions
21 CFR 178.3570, Lubricants with Incidental Food Contact
9 CFR 430, Requirements for specific classes of product
9 CFR 441, Consumer Protection Standards: Raw Products
9 CFR 500, Rules of Practice
The changes to Chapter 346 are necessary to avoid an immediate threat to the public health of Maine consumers, and to maintain Equal-To status with USDA, Food Safety Inspection Service (FSIS).These changes incorporate the 2007 version of the federal regulations that serve to guard against the contamination of ready-to-eat product with Listeria monocytogenes, ensure the surveillance of Salmonella sp. in raw and ready-to-eat products, ensure the surveillance and recall of products contaminated with E coli 0157:H, ensure the removal of the Specific Risk Materials (SRMs) of Bovine Spongiform Encephalopathy (BSE), and implement the rules of practice necessary to suspend and/or withdraw operations at inspected establishments that experience significant sanitation and product contamination violations.
EFFECTIVE DATE: May 30, 2007
AGENCY CONTACT PERSON: Hal Prince, Director, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333
TELEPHONE :(207) 287-3841



AGENCY: 99-639 - ConnectME Authority
CHAPTER NUMBER AND TITLE: Ch. 101, ConnectME Authority Rule
ADOPTED RULE NUMBER: 2007-228
CONCISE SUMMARY: New rules are proposed pursuant to Public Law 2005, chapter 665, the “The Advanced Technology Infrastructure Act” (35-A MRSA §§ 9201-9215, and 36 M.R.S.A §2017). The purpose of the Act is to stimulate investment in advanced communications technology infrastructure so as to increase access to broadband and wireless communications services for all Maine communities, including rural communities. In order to achieve its purpose, the Act creates the ConnectME Authority and authorizes the Authority to adopt rules necessary or useful for carrying out its powers and duties. The Authority’s duties are listed in 35-A MRSA §§ 9204(2) and (3), and include: monitoring wireless coverage in areas where the Authority determines the quality of the coverage is inadequate; determining whether an area is an unserved or underserved area; expanding the availability of broadband to residential and small business customers in unserved or underserved areas; expanding the availability of broadband with bandwidth, synchronicity, reliability and security adequate to serve business, education and enterprise consumers in unserved or underserved areas; and otherwise enhancing the State's communications technology infrastructure in unserved and underserved areas.
EFFECTIVE DATE: June 29, 2007
AGENCY CONTACT PERSON: Kelly J. Arata, ConnectME Authority, 1 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-5660



AGENCY: 16-226 - Bureau of the Maine State Police, Liquor Licensing Unit
CHAPTER NUMBER AND TITLE: Ch. 5, Labeling
ADOPTED RULE NUMBER: 2007-229
CONCISE SUMMARY: Chapter 5 of the bureau is repealed and replaced with a new Chapter 5 that articulates the requirements for registering labels on specified alcoholic beverage products sold in Maine.
EFFECTIVE DATE: June 4, 2007
AGENCY CONTACT PERSON: Jeff Austin, Maine Department of Public Safety, Bureau of the Maine State Police, Liquor Licensing Unit, 45 Commerce Drive, Suite 1, Augusta, ME 04333-042
TELEPHONE: (207) 624-8914



AGENCY: 16-226 - Bureau of the Maine State Police, Liquor Licensing Unit
CHAPTER NUMBER AND TITLE: Ch. 7, Advertising and Signs Applicable to All License Holders
ADOPTED RULE NUMBER: 2007-230
CONCISE SUMMARY: The amendment of Section 3 of Chapter 7 of the bureau clarifies the standard that will be used to determine whether an advertisement for specified alcoholic beverage products sold in Maine is “obscene” and therefore prohibited.
EFFECTIVE DATE: June 4, 2007
AGENCY CONTACT PERSON: Jeff Austin, Maine Department of Public Safety, Bureau of the Maine State Police, Liquor Licensing Unit, 45 Commerce Drive, Suite 1, Augusta, ME 04333-042
TELEPHONE: (207) 624-8914



AGENCY: 90-429 - Board of Licensure of Water System Operators
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Relating to the Licensure of Water System Operators
ADOPTED RULE NUMBER: 2007-231
CONCISE SUMMARY: These particular rule changes will expand the definition of requirements for water operator classification and increase licensure and recertification fees. In addition, these rule changes establish a procedure for processing formal complaints against water operator licensees, as well as articulate what training is relevant to operation and maintenance of public water systems.
EFFECTIVE DATE: June 5, 2007
AGENCY CONTACT PERSON: Tera Pare, J.D., Rulemaking Coordinator, Drinking Water Program, State House Station 11, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5680