Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Weekly Newspaper Notices > September 26, 2007

September 26, 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 & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting: (4.06, Wild Turkey Hunting Season)
PROPOSED RULE NUMBER: 2007-P225
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule establishing the dates for the wild turkey hunting season to occur as follows: Season A: April 28, 2008 - May 3, 2008 and May 19, 2008 - May 24, 2008; Season B: May 5, 2008 - May 10, 2008 and May 12, 2008 - May 17, 2008; All Permit Holders: May 26, 2008 - May 31, 2008 (Permittees who have not taken a turkey during their designated season will be allowed to hunt during the last week of the season). Youth Spring Wild Turkey Hunting Day will occur on the Saturday preceding the opening day of Season A (April 26, 2008).In addition, all youth 10 years of age or older and under 16 years of age who possess a junior hunting license and a valid spring Wild Turkey Permit for either Season A or Season B may hunt any Saturday during the open spring wild turkey hunting season. A detailed copy of the proposed rule 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: October 26, 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: 02 - Department of Professional and Financial Regulation:
030 - Bureau of Consumer Credit Protection
, and
029 - Bureau of Financial Institutions
RULE TITLE OR SUBJECT: Ch. 550, Guidelines for Determining Tangible Net Benefit and Ability to Pay
PROPOSED RULE NUMBER: 2007-P226 and P227
CONCISE SUMMARY: This Rule, promulgated jointly by the Bureau of Consumer Credit Protection and the Bureau of Financial Institutions, is intended to delineate the concepts of “tangible net benefit” and “ability to pay” set forth in the Act to Protect Maine Homeowners from Predatory Lending.
1. Tangible Net Benefit. Pursuant to the Act to Protect Maine Homeowners from Predatory Lending, creditors are prohibited from knowingly or intentionally making a residential mortgage loan to a borrower who refinances an existing residential mortgage loan when the new residential mortgage loan does not have reasonable, tangible net benefit to the borrower considering all of the circumstances, including but not limited to, the terms of both the new and refinanced loans, the cost of the new loan and the borrower’s circumstances. Refinancing without providing such a benefit is known as “flipping” a residential mortgage loan. Section 5, part 1 of this Rule defines the requirements for compliance with Title 9-A MRSA, §8-206-D, sub § 1, paragraph B.
2. Ability to Pay. Pursuant to the Act to Protect Maine Homeowners from Predatory Lending, a subprime mortgage loan may not be extended to a borrower unless a reasonable creditor would believe at the time the loan is closed that the borrower will be able to make the scheduled payments associated with the subprime mortgage loan. Section 5, part 2 of this Rule sets forth the criteria for determining whether or not a reasonable creditor would believe at the time the subprime mortgage loan is closed that the borrower will be able to make the scheduled payments associated with the subprime mortgage loan.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:
1. Title 9-A MRSA §6-104 permits the Administrator to adopt, amend, and repeal rules to carry out the specific provisions of the Consumer Credit Code.
2. Title 9-A MRSA §§6-103 and 1-301(2) state that, except in cases in which a supervised financial organization is the creditor, the Administrator is the Superintendent of the Bureau of Consumer Credit Protection. In cases in which a supervised financial organization is the creditor, the Administrator is the Superintendent of the Bureau of Financial Institutions.
3. Title 9-B MRSA §215 permits the Superintendent of the Bureau of Financial Institutions to implement rules relating to the supervision of financial institutions or their subsidiaries, or financial institution holding companies or their subsidiaries.
4. Pursuant to Public Law, Ch. 273, Section A-40, the Superintendent of the Bureau of Consumer Credit Protection and the Superintendent of the Bureau of Financial Institutions shall adopt rules authorized by Public Law, Ch. 273, §8206-D, sub § 1, paragraph B before January 1, 2008.
5. Pursuant to Public Law, Ch. 273, §8-206-D, sub § 1, paragraph G, subparagraph (3), the Administrator shall adopt, amend and repeal routine technical rules in accordance with Title 5, chapter 375, subchapter 2-A defining with reasonable specificity the requirements for determining whether or not a borrower has a reasonable ability to repay a subprime mortgage loan, taking into account the considerations set forth in Public Law, Ch. 273, §8-206-D, sub §1, paragraph G, subparagraphs (1) and (2) and the following federal regulations and guidelines, as amended from time to time:
A. Final Interagency Guidance on Nontraditional Mortgage Product Risks;
B. Credit Risk Management Guidance for Home Equity Lending;
C. Expanded Guidance for Subprime Lending Programs; and
D. Interagency Guidance on Subprime Lending.
6. Pursuant to Public Law, Ch. 273, §8-206-D, sub § 1, paragraph B, the Administrator shall adopt rules defining with reasonable specificity the requirements for compliance with the prohibition against flipping a residential mortgage loan and such rules are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
7. The Agencies’ Statement of Impact on Small Business may be found at www.maine.gov/pfr/financialinstitutions/notices/TangiblenetBenefit.htm.
PUBLIC HEARING: Wednesday, October 17th, 10:00 a.m., Department of Professional and Financial Regulation, Gardiner Annex, 124 Northern Avenue, Gardiner, Maine. (The Public Hearing will be held in the Central Conference Room.)
DEADLINE FOR COMMENTS: October 29th, 2007
AGENCY CONTACT PERSON: Christian Van Dyck, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8574


ADOPTIONS



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.01, Upland Game and Furbearing Animals
ADOPTED RULE NUMBER: 2007-396
CONCISE SUMMARY: The Department had adopted 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.
EFFECTIVE DATE: September 17, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, #41 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-5201



AGENCY: 01-001 - Maine Department of Agriculture, Food, & Rural Resources, Division of Quality Assurance and Regulations
CHAPTER NUMBER AND TITLE: Ch. 346, Rules Governing Meat and Poultry Inspection and Licensing
ADOPTED RULE NUMBER: 2007-397
CONCISE SUMMARY: For the purpose of Ch. 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 Ch. 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 Ch. 346 are necessary to avoid threats 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 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 O157: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.
In addition technical rule changes are made to Section 7, Subsections 3, 6 and Subsection 10 has been added to require the implementation of appropriate public health principles when using 180 F hot water or chemical agents when sanitizing food contact surfaces in meat and poultry slaughter and processing establishments.
EFFECTIVE DATE: September 17, 2007
AGENCY CONTACT PERSON: Hal Prince, Director, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3841



AGENCY: 19-498 - Department of Economic and Community Development, Office of Community Development (DECD - OCD)
CHAPTER NUMBER AND TITLE: Ch. 36, Program Statement for Administering the 2008 Maine Community Development Block Grant Program (19-498 CMR. Ch. 36)
ADOPTED RULE NUMBER: 2007-398
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
EFFECTIVE DATE: September 17, 2007
AGENCY CONTACT PERSON: Michael D. Baran, Technical Assistance Program Manager, Department of Economic & Community Development, Office of Community Development, DECD/OCD, State House Station 59, 111 Sewall Street, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9816



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE; Amendment to Existing Rule
CHAPTER NUMBER AND TITLE; Ch. 8, Endangered Species (8.05, Essential Habitat for Species Designated as Endangered or Threatened)
ADOPTED RULE NUMBER: 2007-399
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule establishing 65 additions to areas protected as bald eagle nest sites; deletion of 27 previously designated Essential Habitats for bald eagles; map correction for 1 previously designated Essential Habitat for bald eagles; and administrative label changes for 2 previously designated Essential Habitats for bald eagles in accordance with provisions of the State Endangered Species Act, Title 12, Ch. 925, Subchapter 3 and Inland Fisheries and Wildlife Rules, Ch. 8. Maps of designated areas as well as an index of all amendments are available at municipal offices as well as from the Department. This rule implements sites identified on maps dated 3/1/2006.
EFFECTIVE DATE: September 17, 2007
AGENCY CONTACT PERSON; Andrea Erskine, Department of Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04330-0041
E-MAIL: andrea.erskine@maine.gov



AGENCY: 07-105 - State Planning Office
CHAPTER NUMBER AND TITLE:
1. State Review of Local Comprehensive Plans (07 105 Ch. 208 – replaces Ch. 202)
2. Procedural Rule for Submission and Review of Zoning Ordinances (07 105 Ch. 201)
3. Repeal of Affordable Housing Definition Rule (07 105 Ch. 100)
ADOPTED RULE NUMBER: 2007-400 to 403
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 Ch. 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 and to repeal the Affordable Housing Definition rule, which has been made obsolete by statutory changes.
EFFECTIVE DATE: September 20, 2007
AGENCY CONTACT PERSON: Stacy Benjamin, State Planning Office, 38 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-8061



AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 139, Transportation Conformity
ADOPTED RULE NUMBER: 2007-404
CONCISE SUMMARY: The Board of Environmental Protection adopted proposed Ch. 139, Transportation Conformity. The rule establishes criteria and procedures for consultation and enforcement and enforceability requirements for written commitments for control measures. 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/recentlyadopted.htm.
EFFECTIVE DATE: September 19, 2007
AGENCY CONTACT PERSON: Melissa Morrill, Bureau of Air Quality Control, 17 State House Station, Augusta, Me 04333
TELEPHONE: (207) 287-6102



AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 415, Reasonable Costs for Handling and Recycling of Electronic Wastes
ADOPTED RULE NUMBER: 2007-405
CONCISE SUMMARY: Maine law at 38 MRSA §1610(5)(D) requires manufacturers of TVs and computer monitors to pay the reasonable costs of recycling those products. Ch. 415, in turn, sets forth the procedure for determining reasonable costs. Under the rule, consolidators (persons in the business of collecting and consolidating discarded household TVs and computer monitors for recycling) must demonstrate financial capacity and technical ability, and have their cost schedule approved by the Department of Environmental Protection in order to be eligible for reimbursement by the manufacturer.
Ch. 415 currently calls for the department to annually approve up to 10 consolidators who submit the lowest cost schedules. On August 16, 2007, the Board of Environmental Protection voted to amend chapter 415 to authorize the department to add consolidators to the approval list before the annual review process, which currently is undertaken in the last quarter of each year.
EFFECTIVE DATE: September 19, 2007
AGENCY CONTACT: Carole Cifrino, DEP-BRWM, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7720



AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.12, Alternative Bait Labeling
ADOPTED RULE NUMBER: 2007-406
CONCISE SUMMARY: These rules adopt labeling requirements for alternative baits used in the lobster/crab industry. Concerns raised by the industry about the contents of alternative baits have been expressed in a recommendation by the Lobster Advisory Council to require that manufacturers list all ingredients on packages of alternative bait.
EFFECTIVE DATE: January 1, 2008
CHAPTER NUMBER AND TITLE: Ch. 25.95(1), Monhegan Island Lobster Conservation Area, Apprenticeship Program and Reporting
ADOPTED RULE NUMBER: 2007-407
CONCISE SUMMARY: The Monhegan Island Lobster Conservation Area apprentice program fishing days are amended from 150 to 200 for conformity with 12 MRSA §6475, sub-§1, ¶B, effective June 4, 2007. Also, 100% lobster harvester reporting is required on a monthly basis.
EFFECTIVE DATE: September 24, 2007
CHAPTER NUMBER AND TITLE: Ch. 34(1)(B)(4)(b), Atlantic Halibut, and Ch. 8.20(F), Landings Program, Halibut Reporting
ADOPTED RULE NUMBER: 2007-408 and 409
CONCISE SUMMARY: These adopted amendments to the Atlantic Halibut rules include the following changes. The minimum size is increased to 38 inches total length and applies to all Atlantic halibut landed and sold in Maine; the maximum hook size adjusted from “14 oo” or greater circle hooks to 14/0, 15/0 or 16/0 circle hooks only; fish that are landed must be tagged with a DMR approved landing tag around or through the tail; surface marking buoys must display owner information; the four (4) fish per day limit has been removed and clarifications made in the rules about the information on the training program for the tagging research. The landing tags will initially be provided by the Department and later at a nominal cost similar to other tagging programs pending legislative review. Reporting data elements in Ch. 8 have also been updated.
EFFECTIVE DATE: September 24, 2007
CHAPTER NUMBER AND TITLE: Ch. 36.01(D)(1)&(3), Herring Management Plan, Catch Restrictions – ASMFC Zero Tolerance Compliance
ADOPTED RULE NUMBER: 2007-410
CONCISE SUMMARY: These adopted amendments 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 herring, is also amended to require that all fishing gear be stowed when transiting a closed area.
EFFECTIVE DATE: September 24, 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: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 815, Consumer Protection Standards for Electric & Gas Transmission & Distribution Utilities
ADOPTED RULE NUMBER: 2007-411
CONCISE SUMMARY: This rule establishes the minimum standards for the provision of service and the administration of credit and collection programs by electric and gas transmission and distribution utilities. These rules govern granting and denying service, credit and deposit practices, billing disconnection, customer complaint procedures and methods of obtaining waivers from this Rule.
EFFECTIVE DATE: September 19, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831