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Home > Weekly Newspaper Notices > June 13, 2007

June 13, 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: 12-181 - Maine Department of Labor, Bureau of Employment Services
RULE TITLE OR SUBJECT: Ch. 1, Rules Relating to Labor Standards for Registration of Apprenticeship Programs
PROPOSED RULE NUMBER: 2007-P116
CONCISE SUMMARY: This is an amendment to the rules that set forth the process for registration and deregistration of apprenticeship agreements or programs. The rules are being amended to conform with statutory changes, specifically changes to correct statutory citations and also to change the name of the “Maine State Apprenticeship Council” to its new name “Maine Standing Committee on Apprenticeship.”
RULE TITLE OR SUBJECT: Ch. 2, Rules Relating to Labor Standards for Equal Opportunity for Employment of Women and Minorities in Registered Apprenticeship Programs in the State of Maine
PROPOSED RULE NUMBER: 2007-P117
CONCISE SUMMARY: This is an amendment to the rules that set forth the process for recruitment and selection of apprentices using equal opportunity and affirmative action principles. The rules are being amended to conform with statutory changes, specifically changes to correct statutory citations and also to change the name of the “Maine State Apprenticeship Council” to its new name “Maine Standing Committee on Apprenticeship.” In addition the rule was amended to change the definition of “minority” to comply with the definition of this term found in federal regulations.
RULE TITLE OR SUBJECT: Ch. 3, Rules Relating to Labor Standards for Registration of Pre-Apprenticeship Programs
PROPOSED RULE NUMBER: 2007-P118
CONCISE SUMMARY: This is an amendment to the rules that set forth the process for registration and deregistration of pre-apprenticeship agreements or programs. The rules are being amended to conform with statutory changes, specifically changes to correct statutory citations and also to change the name of the “Maine State Apprenticeship Council” to its new name “Maine Standing Committee on Apprenticeship.”
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §2006(5-A)(C)(5)
PUBLIC HEARING: No hearing
DEADLINE FOR COMMENTS: July 13, 2007
AGENCY CONTACT PERSON: Gene Ellis, Director of Apprenticeship Standards, MDOL, Bureau of Employment Services, 55 State House Station, Augusta, ME 04333-0055
TELEPHONE: (207) 623-7990



AGENCY: 95-629 - Dirigo Health Agency
CHAPTER NUMBER AND TITLE: Ch. 5, Definitions of Uninsured and Underinsured (New chapter)
SUBJECT: Definitions of uninsured and underinsured as they apply to new enrollment in the DirigoChoice program.
PROPOSED RULE NUMBER: 2007-P119
CONCISE SUMMARY: These rules define uninsured and underinsured as they apply to new enrollment in the DirigoChoice program
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Public Laws 2003, Chapter 469 H.P. 1187 - L.D. 1611, An Act To Provide Affordable Health Insurance to Small Businesses and Individuals and To Control Health Care Costs
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: Friday, July 13, 2007
AGENCY CONTACT PERSON: Gloria Tomsa, Director of Operations, Dirigo Health Agency, 53 State House Station, 211 Water Street, Augusta, Maine 04333-0053
TELEPHONE: (207) 287-9963
FAX: (207) 287-9922



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 67, Principles of Reimbursement for Nursing Facilities
PROPOSED RULE NUMBER: 2007-P120
CONCISE SUMMARY: This Department proposes changes to agency rules in the MaineCare Benefits Manual, Chapter III, Section 67, Principles of Reimbursement for Nursing Facilities. These rules include proposed changes in the reimbursement methodology which reflect the current and planned State budgets. Subject to approval by CMS, the proposed rule includes changes to the rules governing lease requirements. The Department has also decided to eliminate Subsection 44.4.3(3) - the exception to the general rule that the allowable cost is the lower of cost of ownership or lease payment - effective July 1, 2009, subject to CMS approval. In addition, this proposal includes changes to cost of living adjustments (COLA), and calculation of overpayments and underpayments. Specifically, the COLA is 2% for State fiscal years 05-06 and 06-07. The COLA is 0% for State fiscal year 07-08 and thereafter. The Department clarifies to providers that this COLA language does not reflect a change in the actual amounts that have already been distributed however it is a clarification in wording at the request of CMS.
Finally, the Department proposes to distribute $10,478,000.00 to Nursing Facilities for staff recruitment and retention. The Department does not expect any changes in aggregate expenditures as a result of these changes.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents or visit your local DHHS agency where this rule proposal can be accessed for you.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA, §42, §3173
PUBLIC HEARING:
Date: Tuesday, July 3, 2007, 10 a.m..- 12 p.m.
Location: Conference Room # 3, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before June 27, 2007.
DEADLINE FOR COMMENTS: Comments must be received by midnight, July 15, 2007.
AGENCY CONTACT PERSON: Alyssa Morrison, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9342
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



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 113, Allowances for Transportation Services
PROPOSED RULE NUMBER: 2007-P121
CONCISE SUMMARY: The Department of Health and Human Services is proposing necessary technical and routine changes. This rule clarifies the current allowances for transportation services regarding units of service and maximum allowances when applicable. Specifically, this proposed rule defines actual dollar amounts per mile for non-emergency state employee rates as well as all wheelchair van provider services. This rule also clarifies the full service providers' base rates will be calculated by agencies reporting on their budget and receiving rate approvals as opposed to a state set rate. Further, transportation reimbursement for seven-day clinic services and day habilitation services will be assessed per individual provider. This rule change reflects current transportation practices.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173, §6110, §6111
PUBLIC HEARING:
Date: July 2, 2007, 1:00 p.m.
Location: Conference Room # 1A, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before June 18,2007.
DEADLINE FOR COMMENTS: Comments must be received by midnight July 16, 2007
AGENCY CONTACT PERSON: Melanie Miller, LSW, MPA Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-4459
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 314, Statewide Low-Income Assistance Plan
PROPOSED RULE NUMBER 2007-P122
CONCISE SUMMARY: To amend certain provisions to limit the amount of financial assistance a customer can receive through the oxygen pump program and to provide financial assistance to customers who use a ventilator. In addition, the modifications clarify how the reimbursement for the oxygen pump and ventilator program works.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111 and 3214
PUBLIC HEARING: None Scheduled
DEADLINE FOR COMMENTS: July 13, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 16-219 - Office of State Fire Marshal
RULE TITLE OR SUBJECT: Ch. 3, Fire Prevention Code
PROPOSED RULE NUMBER: 2007-P123
CONCISE SUMMARY: Chapter 3 covers all aspects of fire prevention and serves as a guide for the development of a local fire prevention code. This rule incorporates by reference NFPA Standard # 1, Uniform Fire Code, 2006 edition.
STATUTORY AUTHORITY: 25 MRSA §2452
RULE TITLE OR SUBJECT: Ch. 4, Sprinkler Systems
PROPOSED RULE NUMBER: 2007-P124
CONCISE SUMMARY: Chapter 4 establishes minimum standards for the selection, installation, and maintenance of water-based fire suppression systems. This rule incorporates by reference the following National Fire Protection Association standards:
NFPA 214, Standard on Water-Cooling Towers, 2005 edition
NFPA 318, Standard for the Protection of Semiconductor Fabrication Facilities, 2006 edition
NFPA 13, Installation of Sprinkler Systems, 2007 edition
NFPA 13R, Installation of Sprinkler Systems in Residential Occupancies, 2007 edition
NFPA 13D, Installation of Sprinkler Systems in 1 & 2 Family Dwellings and Manufactured Homes, 2007 edition
NFPA 14, Installation of Standpipe, Pvt. Hydrants & Hose Systems. 2007 edition
NFPA 16, Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems, 2007 edition
NFPA 15, Water Spray Fixed Systems for Fire Protection, 2007 edition
NFPA 20, Standard for the Installation of Stationary Pumps for Fire Protection, 2007 edition
NFPA 22, Standard for Water Tanks for Private Fire Protection, 2003 edition
NFPA 24, Installation of Private Fire Service Mains, 2007 edition
NFPA 25, Standard for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems, 2002 edition
NFPA 409, Standard on Aircraft Hangers, 2004 edition
NFPA 418, Standard for Heliports, 2006 edition
NFPA 750, Standard on Water Mist Fire Protection Systems, 2006 edition
STATUTORY AUTHORITY: 25 MRSA §2452; 32 MRSA §1382
RULE TITLE OR SUBJECT: Ch. 6, Fire Extinguishing Systems
PROPOSED RULE NUMBER: 2007-P125
CONCISE SUMMARY: Chapter 6 establishes minimum standards for the design, installation, operation, and maintenance of extinguishing systems aimed primarily at minimizing fire loss in commercial facilities. This rule repeals:
NFPA # 11A, Standard for Low, Medium and High Expansion Foam Systems, 1999 edition and
incorporates by reference the following National Fire Protection Association (NFPA) standards for fire extinguishing systems:
NFPA # 11, Standard for Low, Medium, and High Expansion Foam Systems, 2005 edition
NFPA # 12, Standard for Carbon Dioxide Extinguishing Systems, 2005 edition
STATUTORY AUTHORITY: 25 MRSA §2452; 32 MRSA §1382
RULE TITLE OR SUBJECT: Ch. 11, Bulk Oxygen Systems and Hydrogen Systems
PROPOSED RULE NUMBER: 2007-P126
CONCISE SUMMARY: Chapter 11 provides a standard for the installation, storage, use, and handling of compressed gases and cryogenic fluids portable and stationary containers, cylinders, equipment, and tanks in all occupancies. This rule repeals National Fire Protection Association Standard # 50, Standard for Bulk Oxygen Systems at Consumer Sites, 2001 edition, and incorporates by reference of the National Fire Protection Association Standard # 55, Standard for the Storage, Use, and Handling of Compressed Gases and Cryogenic Fluids in Portable and Stationary Containers, Cylinders, and Tanks, 2005 edition.
STATUTORY AUTHORITY: 25 MRSA §2452
RULE TITLE OR SUBJECT: Ch. 12, Hydrogen Systems
PROPOSED RULE NUMBER: 2007-P127
CONCISE SUMMARY: This rule repeals Chapter 12, Standard for Hydrogen Systems. Standards for hydrogen systems are now included in National Fire Protection Association Standard #55, Standard for the Storage, Use, and Handling of Compressed Gasses and Cryogenic Fluids in Portable and Stationary Containers, Cylinders, and Tanks, 2005 edition, which is now being incorporated by reference in State Fire Marshal’s Rules, Chapter 11, Bulk Oxygen Systems and Hydrogen Systems
STATUTORY AUTHORITY: 25 MRSA §2452
RULE TITLE OR SUBJECT: Ch. 14, National Fuel Gas Code
PROPOSED RULE NUMBER: 2007-P128
CONCISE SUMMARY: Chapter 14 is a safety code for the installation of fuel gas piping systems, appliances, equipment, and related accessories. This rule incorporates by reference to the National Fire Protection Association Standard # 54, National Fuel Gas Code, 2006 edition.
STATUTORY AUTHORITY: 25 MRSA §2452
RULE TITLE OR SUBJECT: Ch. 15, Fire Protection Rules for Medical Facilities and Equipment
PROPOSED RULE NUMBER: 2007-P129
CONCISE SUMMARY: Chapter 15 establishes criteria to minimize the hazards of fire, explosion, and electricity and sets standards for the operation and performance of standby power systems and hypobaric facilities in medical health facilities. This rule is an agency incorporation by reference to National Fire Protection Association standards associated with medical facilities. It is proposed by this agency to update the incorporated references to the latest editions. The NFPA standards are:
NFPA # 99, Standard for Health Care Facilities, 2005 edition
NFPA # 99B, Standard for Hyporbaric Facilities, 2005 edition
NFPA # 110, Standard for Emergency and Standby Power Systems, 2005 edition
STATUTORY AUTHORITY: 25 MRSA §2452
RULE TITLE OR SUBJECT: Ch. 17, National Fire Alarm Code
PROPOSED RULE NUMBER: 2007-P130
CONCISE SUMMARY: Chapter 17 covers the application, installation, location, performance, inspection, testing, and maintenance of fire alarm systems, fire equipment and emergency warning equipment, and their components. This rule incorporates by reference the National Fire Protection Association Standard # 72, National Fire Alarm Code, 2007 edition.
STATUTORY AUTHORITY: 25 MRSA §2452
RULE TITLE OR SUBJECT: Ch. 20, Code for Safety to Life from Fire in Buildings and Structures
PROPOSED RULE NUMBER: 2007-P131
CONCISE SUMMARY: Chapter 20 addresses the construction, protection, and occupancy features necessary to minimize danger to life from the effects of fire, including smoke, heat, and toxic gases created during a fire. This rule incorporates by reference the following National Fire Protection Association Codes and Standards:
NFPA 80, Standard for Fire Doors and other Opening Protectives, 2007 edition
NFPA 101, Life Safety Code, 2006 edition
NFPA 220, Standard on Types of Building Construction, 2006 edition
STATUTORY AUTHORITY: 25 MRSA §2452; 8 MRSA §236; 5 8052 §(5-A)
RULE TITLE OR SUBJECT: Ch. 22, Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances
PROPOSED RULE NUMBER: 2007-P132
CONCISE SUMMARY: Chapter 22 contains provisions for chimneys, fireplaces, venting systems, and solid-fuel burning appliances, including their installation.
This rule is an agency incorporation by reference of National Fire Protection Association Standard # 211, Standard for Chimneys, Fireplaces, Vents and Solid Fuel-Burning Appliances, 2006 edition.
STATUTORY AUTHORITY: 25 MRSA §§ 2452, 2465
RULE TITLE OR SUBJECT: Ch. 26, Standard for the Use of Pyrotechnics Before a Proximate Audience
PROPOSED RULE NUMBER: 2007-P133
CONCISE SUMMARY: Chapter 26 provides requirements for the protection of property, operators, performers, and others where pyrotechnic or flame effects are being used indoors or outdoors before a proximate audience. This rule incorporates by reference the following National Fire Protection Association standards:
NFPA 1126, Standard for the Use of Pyrotechnics Before a Proximate Audience, 2006 edition
NFPA 160, Standard for the Use of Flame Effects Before an Audience, 2006 edition
STATUTORY AUTHORITY: 8 MRSA §236; 25 MRSA §2452
RULE TITLE OR SUBJECT: Ch. 28, Rules for the Operations, Maintenance, and Inspection of Amusement Park Rides, Devices and Midways
PROPOSED RULE NUMBER: 2007-P134
CONCISE SUMMARY: Chapter 28 provides guidelines and information that bridge the manufacturers specifications for the safe operation of amusement park rides, devices, and midways in line with the continued use of such operations. This rule incorporates the following American Society for Testing and Materials (ASTM) standards:
ASTM # F 698-94, Standard Specification for Physical Information to be Provided for Amusement Rides and Devices, 2000 edition
ASTM # F 770-93, Standard Practice for Operation Procedures for Amusement Rides and Devices, 2000 edition
ASTM # F 747-97, Standard Terminology Relating to Amusement Rides and Devices, 1997 edition
ASTM # F 846-92, Standard Guide for Testing Performance of Amusement Rides and Devices, 2003 edition
ASTM # F 853-05, Standard Practice for Maintenance Procedures for Amusement Rides and Devices, 2005 edition
ASTM # 1159-03a, Standard Practice for Design and Manufacture of Patron Directed, Artificial Climbing Walls, Dry Slide, Coin Operated and Purposeful Water Immersion Amusement Rides and Devices and Air Supported Structures, 2003 edition
ASTM # 1193-04b, Standard for Amusement Ride and Device Manufacturer Quality Assurance Program and Manufacturing Requirements, 2004 edition
ASTM # 1305-94, Standard Guide for Classification of Amusement Ride and Device Related to Injuries and Illnesses, 2002 edition
ASTM # 1950-99, Standard Specification for Physical Information to be Transferred With Used Amusement Rides and Devices, 2002 edition
ASTM # 2007-00, Standard Practice for the Classification, Design, Manufacture, and Operation of Concession Go-Karts and Facilities, 2000 edition
STATUTORY AUTHORITY: 8 MRSA §502
RULE TITLE OR SUBJECT: Ch. 31, Rules for the Manufacture, Transportation, Storage and Use of Explosive Materials
PROPOSED RULE NUMBER: 2007-P135
CONCISE SUMMARY: Chapter 31 is intended to provide reasonable safety in the manufacture, storage, transportation, and use of explosive materials. This rule is an agency incorporation by reference of the National Fire Protection Association Code # 495, Explosive Materials Code, 2006 edition.
STATUTORY AUTHORITY: 25 MRSA §2472
RULE TITLE OR SUBJECT: Ch. 32, Standard for the Fire Protection of Storage
PROPOSED RULE NUMBER: 2007-P136
CONCISE SUMMARY: This repeals Chapter 32, an agency incorporation by reference of National Fire Protection Association Standard # 230, Standard for the Fire Protection of Storage. The provisions of National Fire Protection Association Standard # 230 have now been incorporated into the National Fire Protection Association code # 1, Uniform Fire Code, 2006 edition and incorporated by reference into the State Fire Marshal’s rule Chapter 3, Fire Prevention Code.
STATUTORY AUTHORITY: 25 MRSA §§ 2452, 2465, 2472, 2482; 8 MRSA §236 and 32 MRSA §1382
RULE TITLE OR SUBJECT: Ch. 34, Rules and Regulations for Flammable and Combustible Liquids
PROPOSED RULE NUMBER: 2007-P137
CONCISE SUMMARY: Chapter 34 establishes minimum standards for the safe storage, possession, handling, dispensing and transportation of flammable and combustible liquids. This rule is an agency incorporation of the National Fire Protection Association (NFPA) Code 30B, Code for the Manufacture and Storage of Aerosol Products, 2007 edition; and, NFPA standard 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, 2007 edition.
STATUTORY AUTHORITY: 25 MRSA §2482
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: 1:00 p.m., July 2, 2007 at the Department of Public Safety, 45 Commerce Dr., Augusta, Maine 04330 in Florian Hall
DEADLINE FOR COMMENTS: August 2, 2007
AGENCY CONTACT PERSON: Richard E. Taylor, Planning and Research, Office of State Fire Marshal, 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 626-3873


ADOPTIONS



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #332, MaineCare Buy-In Expansion, Rev. #235A
ADOPTED RULE NUMBER: 2007-232
CONCISE SUMMARY: This rule adopts the new increase the income guidelines for Buy-In eligibility as follows:
1. Increases maximum Qualified Medicare Beneficiaries (QMB) income limits from 100% of the Federal Poverty Level (FPL) to 150% of the Federal Poverty Level,
2. Increases maximum Specified Low-income Medicare Beneficiaries (SLMB) income limits from 120% of the Federal Poverty Level (FPL) to 170% of the Federal Poverty Level,
3. Increases Qualified Individuals Medicare Part 1 and 2 (QI) maximum income limits from 135% of the Federal Poverty Level (FPL) to 185% of the Federal Poverty Level.
EFFECTIVE DATE: April 1, 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



AGENCY: 05-071 – Department of Education
CHAPTER NUMBER AND TITLE: Ch. 182, Formula for Distribution of Funds to Child Development Services Regional Sites
ADOPTED RULE NUMBER: 2007-233
CONCISE SUMMARY This rulemaking amends the current Department of Education Regulation in the following areas:
- Deletes the State set aside for training, staff development, and capital improvement
- Amends the method of distribution for Administrative and Direct services for FY 07
- Deletes the language regarding a phase in
- Revises the targeted needs section to be articulated as Hardship funds and deletes a Peer review
EFFECTIVE DATE: July 8, 2007
AGENCY CONTACT PERSON: Joanne C. Holmes, Department of Education, State House Station #23, Augusta, Maine 04333
TELEPHONE: (207) 624-6669