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Home > Weekly Newspaper Notices > September 5, 2007

September 5, 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: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 850, Health Plan Accountability
PROPOSED RULE NUMBER: 2007-P217
CONCISE SUMMARY: The 2007 Amendments to the access requirements in section 7 are Major Substantive Amendments proposed by the Superintendent pursuant to a consensus based rule development process governed by 5 MRSA §8051-B.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: This rule is promulgated by the Superintendent pursuant to Title 24-A MRSA §§ 2772, 2774, 4218, 4222-A, 4303 and 4309.
PUBLIC HEARING: A public hearing is scheduled for Wednesday, September 26, 2007 at 1:00 p.m. in the Kennebec Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: Tuesday October 9, 2007 at 5:00 p.m.
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452



AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
RULE TITLE OR SUBJECT: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2007-P218
CONCISE SUMMARY: The proposed amendments to Ch. 10 establish a $50 biennial license fee for the new license category of limited energy auditor technician. Both the Oil and Solid Fuel Board and the Propane and Natural Gas Board will license limited energy auditor technicians in their respective areas of practice. The amendments to Ch. 10 authorize the boards to charge the fee.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: OLR Director uniform fee authority: 10 MRSA §8003(2-A)(D) and (E). OLR Director fee authority in board statutes: 32 MRSA §2402-B (Oil and Solid Fuel Board); 32 MRSA §14813 (Propane and Natural Gas Board).
PUBLIC HEARING): September 24, 2007, 1:00 p.m., Department of Professional and Financial Regulation, 122 Northern A venue, Gardiner, Maine.
DEADLINE FOR COMMENTS: October 4, 2007
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8615
E-MAIL: jeffrey.m.frankel@maine.gov
PROPOSED RULE AVAILABLE ON LINE AT: www.maine.gov/professionallicensing


ADOPTIONS



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.02, Migratory Bird Hunting
ADOPTED RULE NUMBER: 2007-358
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules establishing season dates, daily limits and possession limits on sea ducks, ducks, geese and other migratory game birds for the 2007 Migratory Bird Hunting Season.
These rules are adopted in accordance with the guidelines of the Federal Migratory Bird Treaty Act. Detailed rules may be obtained from the Agency Contact Person and will also be available at License Agent locations throughout the State.
EFFECTIVE DATE: August 29, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station - 284 State Street, Augusta, ME 04333-0041
E-MAIL: Andrea.Erskine@Maine.gov
TELEPHONE: (207) 287-5201



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2007-359
CONCISE SUMMARY: These rulemakings amend the way the Department reimburses acute care hospitals for non-emergency room outpatient physician services. Effective September 1, 2007 MaineCare will reimburse non-critical access hospitals for these services at the same rate for which it reimburses other outpatient services and will reimburse critical access hospitals at 89.7% of costs. Effective September 1, 2007 all hospitals are required to bill hospital-based primary care practice physician services on the CMS-1500. Prospective interim payments are being adjusted to reflect payments that will be made based on additional CMS-1500 claims submissions. Additionally, small updates and corrections have been made to both rules.
See: http://www.maine.gov/bms/rules/gen_mcare_benefit.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 1, 2007
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-287-9360
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)



AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 101, Loan Insurance Program, Amendment 2
ADOPTED RULE NUMBER: 2007-360
CONCISE SUMMARY: This rule Amendment expands the Authority's ability to insure working capital loans, by modifying Section VII.A. to allow for the pro rata insurance of working capital loans of up to $1,000,000 and repealing Section VII.C. Additionally, the amendment corrects references to the Authority's Business Division Direct Loan & Loan Insurance Credit Policy in the definition in Section LB. 4 and in references to the Credit Policy in sections: III.A.1, IV.A., and V.A.3.
EFFECTIVE DATE: September 2, 2007
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



AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.95(1), Monhegan Island Lobster Conservation Area, Open Season and Trap Limit
ADOPTED RULE NUMBER: 2007-361
CONCISE SUMMARY: The Monhegan Island Lobster Conservation Area, annual open lobster fishing season, will begin annually on October 1st and end on June 7th with the exception added that in leap years the season shall end on June 6th. The maximum trap limit has been amended from 600 to 300. These amendments are consistent with recent changes in 12 M.R.S.A. §6472 that became effective June 4, 2007.
EFFECTIVE DATE: September 2, 2007
AGENCY CONTACT PERSON: Laurice U. Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500



AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program Rule
ADOPTED RULE NUMBER: 2007-362
CONCISE SUMMARY: The amendment to the·Home Energy Assistance Program ("HEAP") Rule makes technical corrections to the HEAP Rule; sets forth the prices oil and kerosene suppliers may charge for fuel; and establishes a program to clean, tune and evaluate heating systems. The amendment provides the following pricing options from among which oil and kerosene vendors must choose for their HEAP recipient clients: (1) an amount in excess of the rack price, established by region and fuel type, for deliveries paid with HEAP funds; (2) an amount in excess of the rack price established by region and fuel type, for deliveries to HEAP recipients for an entire heating season; and (3) a $.07 discount off retail for vendors who give the discount off retail for all deliveries to HEAP recipients in a heating season.
EFFECTIVE DATE: September 3, 2007
AGENCY CONTACT PERSON: Jo-Ann Choate, Energy & Housing Services Manager, Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603



AGENCY: 16-219 - Office of State Fire Marshal
CHAPTER NUMBER AND TITLE: Ch. 3, Fire Prevention Code
ADOPTED RULE NUMBER: 2007-363
CONCISE SUMMARY: Ch. 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.
CHAPTER NUMBER AND TITLE: Ch. 4, Sprinkler Systems
ADOPTED RULE NUMBER: 2007-364
CONCISE SUMMARY: Ch. 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
CHAPTER NUMBER AND TITLE: Ch. 6, Fire Extinguishing Systems
ADOPTED RULE NUMBER: 2007-365
CONCISE SUMMARY: Ch. 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
CHAPTER NUMBER AND TITLE: Ch. 11, Bulk Oxygen and Hydrogen Systems
ADOPTED RULE NUMBER: 2007-366
CONCISE SUMMARY: Ch. 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.
CHAPTER NUMBER AND TITLE: Ch. 12, Hydrogen Systems
ADOPTED RULE NUMBER: 2007-367
CONCISE SUMMARY: This rule repeals Ch. 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, Ch. 11, Bulk Oxygen Systems and Hydrogen Systems.
CHAPTER NUMBER AND TITLE: Ch. 14, National Fuel Gas Code
ADOPTED RULE NUMBER: 2007-368
CONCISE SUMMARY: Ch. 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.
CHAPTER NUMBER AND TITLE: Ch. 15, Fire Protection Rules for Medical Facilities and Equipment
ADOPTED RULE NUMBER: 2007-369
CONCISE SUMMARY: Ch. 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 Hypobaric Facilities, 2005 edition
NFPA # 110, Standard for Emergency and Standby Power Systems, 2005 edition
CHAPTER NUMBER AND TITLE: Ch. 17, National Fire Alarm Code
ADOPTED RULE NUMBER: 2007-370
CONCISE SUMMARY: Ch. 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.
CHAPTER NUMBER AND TITLE: Ch. 20, Code for Safety to Life from Fire in Buildings and Structures
ADOPTED RULE NUMBER: 2007-371
CONCISE SUMMARY Ch. 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
CHAPTER NUMBER AND TITLE: Ch. 22, Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances
ADOPTED RULE NUMBER: 2007-372
CONCISE SUMMARY: Ch. 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.
CHAPTER NUMBER AND TITLE: Ch. 26, Standard for the Use of Pyrotechnics Before A Proximate Audience
ADOPTED RULE NUMBER: 2007-373
CONCISE SUMMARY: Ch. 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
CHAPTER NUMBER AND TITLE: Ch. 28, Rules for the Operations, Maintenance, and Inspection of Amusement Park Rides, Devices and Midways
ADOPTED RULE NUMBER: 2007-374
CONCISE SUMMARY: Ch. 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 694, 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
CHAPTER NUMBER AND TITLE: Ch. 31, Rules for the Manufacture, Transportation, Storage and Use of Explosive Materials
ADOPTED RULE NUMBER: 2007-375
CONCISE SUMMARY: Ch. 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.
CHAPTER NUMBER AND TITLE: Ch. 32, Standard for the Fire Protection of Storage
ADOPTED RULE NUMBER: 2007-376
CONCISE SUMMARY: This repeals Ch. 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 Ch. 3, Fire Prevention Code.
CHAPTER NUMBER AND TITLE: Ch. 34, Rules and Regulations for Flammable and Combustible Liquids
ADOPTED RULE NUMBER: 2007-377
CONCISE SUMMARY: Ch. 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.
EFFECTIVE DATE: September 3, 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