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Home > Weekly Newspaper Notices > March 5, 2008

March 5, 2008

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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #04-08
PROPOSED RULE NUMBER: 2008-P34
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA 2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8054 and 7 MRSA 2954
PUBLIC HEARING: March 21, 2008, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: March 21, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7521



AGENCY: 06-096 - Board of Environmental Protection
RULE TITLE OR SUBJECT: Amendment to Ch. 1262, State-imposed Shoreland Zoning Ordinance for the Town of Steuben
PROPOSED RULE NUMBER: 2008-P35
CONCISE SUMMARY: This rule will amend the Official Shoreland Zoning Map for the Town of Steuben by removing a portion of the Resource Protection District from lots 5 through 9 of the "Tide Mill at Dyer Harbor" Subdivision on the east side of a cove off Dyer Harbor in Steuben. The area had been zoned Resource Protection because it was shown as being in the 100-year floodplain. The owner has determined that the lots are not in the floodplain and has obtained a "letter of map amendment" certifying that the lots are not in the floodplain. Thus, the lots can be rezoned for residential development.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 438-A(4)
PUBLIC HEARING: None Scheduled. Written comments are invited.
DEADLINE FOR COMMENTS: April 11, 2008 at 5:00 p.m.
AGENCY CONTACT PERSON: Richard P. Baker, Department of Environmental Protection, State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-7730



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 34.10(1)(B)(2)&(4), Recreational Summer Flounder Size Increase, Bag Limit and Season
PROPOSED RULE NUMBER: 2008-P36
CONCISE SUMMARY: The Atlantic States Marine Fisheries Commission (ASMFC) Summer Flounder Board approved State recreational management measures during their meeting February 7, 2008. The precautionary default measures include a two fish possession limit at a 20-inch minimum size with an open season from July 4 to September 1. These proposed regulations would meet the conservation requirements of the resource program in accordance with the ASMFC Summer Flounder fisheries management plan in Maine territorial waters.
AGENCY CONTACT PERSON: Togue Brawn (207-624-6550)
RULE TITLE OR SUBJECT: Ch. 34.10(1)(B)(4)(b)(ii)&(iii), Atlantic Halibut, Size and Possession Limits Technical Clarification for Aquaculture
PROPOSED RULE NUMBER: 2008-P37
CONCISE SUMMARY: The proposed regulations would provide a size and possession limit exemption for Atlantic halibut raised by means of aquaculture. Recent regulation changes for Atlantic halibut created an unintended consequence making it illegal to buy and sell Atlantic halibut raised by aquaculture when those fish are less than the newly established minimum size for wild captured fish. Although Maine finfish lease holders have a separate exemption for this purpose the new rules do not apply to land-based aquaculture facilities or aquaculture facilities from other jurisdictions. The proposed amendments would address this inconsistency.
AGENCY CONTACT PERSON: Kohl Kanwit (207 633-9500)
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARINGS: March 24, 2008, 6:00 p.m.*, Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
*Public hearings for 2 separate rulemakings will be held with the hearing for Ch. 34 on technical clarifications for aquacultured halibut to start immediately upon the conclusion of the hearing for Ch. 34 on recreational summer flounder amendments. See separate rulemaking notices.
DEADLINE FOR WRITTEN COMMENTS: April 3, 2008
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
MAIL WRITTEN COMMENTS TO: DMR, 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 Amanda Beckwith, at (207) 287-7578.


ADOPTIONS



AGENCY: 10-144 - Maine Center for Disease Control and Prevention
CHAPTER NUMBER AND TITLE: Ch. 262, Rules and Regulations Post-Secondary School Immunizations Required
CONCISE SUMMARY: Maine is currently experiencing a mumps outbreak and we need this emergency rule to protect Maine citizens from mumps disease.
EFFECTIVE DATE: February 27, 2008
AGENCY CONTACT PERSON: Kathleen Mahaleris, Maine Immunization Program, 287 Water Street, Augusta, ME 04330
TELEPHONE: (207) 287-9923



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #03-08
ADOPTED RULE NUMBER: 2008-94
CONCISE SUMMARY: Minimum March 2008 Class I price is $19.95/cwt. plus $1.16/cwt. for Producer Margins, an overorder premium of $1.85/cwt. as being prevailing in Southern New England and $1.46/cwt. handling fee for a total of $24.62/cwt. that includes a $0.20/cwt Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm.
EFFECTIVE DATE: March 2, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Certification Manual, Rev. #157E: Full Standard Utility Allowance (FSUA) Update
ADOPTED RULE NUMBER: 2008-95
CONCISE SUMMARY: This rule will increase the full standard utility allowance when determining the benefit amount for eligible households. The increased allowance is the result of increased costs for heating fuel and other utilities. Not all households will receive an increase in benefits. The full standard utility allowance for those incurring heating/cooling costs or receiving LIHEAP will increase from $450 a month to $546 a month. This rule will not have an adverse impact on small business.
EFFECTIVE DATE: March 1, 2008
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