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May 7, 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: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 163, The Administration of the Maine Single State Registration System for Interstate Commerce Commission Certificated Carriers of Property and Passengers
PROPOSED RULE NUMBER: 2008-P90
CONCISE SUMMARY: This rule established the procedures and standards governing Maine’s participation in the Single State Registration System pursuant to 29-A MRSA section 551-5. The Single State Registration System was repealed by 49 U.S.C. 4305(a), effective January 1, 2007.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §551-5
PUBLIC HEARING: none scheduled
DEADLINE FOR COMMENTS: June 11, 2008
AGENCY CONTACT PERSON: Francis Fox, Bureau of Motor Vehicles – Motor Carrier Services, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9056



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF), Rev. #85P: TANF Worker Supplement (TWS)
PROPOSED RULE NUMBER: 2008-P91
CONCISE SUMMARY: The amendments to policy contained in this proposed rule allow the Offices of Integrated Access and Support to establish a Worker Supplement Program at the Legislature's directive. This program will be in the form of a food benefit to individuals who are leaving the TANF Program due to increased earned income. The Worker Supplement Program will be called TANF Worker Supplement (TWS)
TWS is a food benefit in the amount of $100 per month for the first 12 months, $75 per month for the second 12 months and $50 per month for the third 12 months to eligible families whose TANF grant has ended due to increased earnings or hours of employment.
This rule will not have an adverse impact on small business.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3762, sub-§8, ¶D, as added by 2007 PL c. 539
PUBLIC HEARING; None scheduled unless requested by 5 or more people
DEADLINE FOR COMMENTS: June 6, 2008
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-6897
TTY: (800)-606-0215 (Deaf/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. II Section 95, Podiatric Services
PROPOSED RULE NUMBER: 2008-P92
CONCISE SUMMARY: The Department of Health and Human Services is proposing changes to MaineCare Benefits Manual, Ch. II, Section 95, Podiatric Services. The proposed rule requires that all podiatric services be prior authorized by the Department or its Authorized Agent. This rulemaking additionally limits coverage of podiatric services to only those members who meet specified medical criteria. The proposed rule eliminates coverage of routine podiatric care and eliminates coverage of bunion surgery. The Department proposes several other structural, administrative and grammatical changes within this rulemaking to make the rule consistent with language in other areas of the MaineCare Benefits Manual (MBM). These changes are required to meet the directive of the Maine State Legislature to cut $232,500 from the general fund per state fiscal year from podiatry services. This proposed rule does not have any adverse impact on small business other than the reductions in covered services as described above.
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
PUBLIC HEARING: May 29, 2008 1:00 p.m., Conference Room, 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 May 25, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 9, 2008
AGENCY CONTACT PERSON: Patricia Dushuttle, Manager, Division of Policy and Performance, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 10-144 - Maine Well Drillers Commission (DHHS)
RULE TITLE OR SUBJECT: Ch. 232, State of Maine Well Drillers and Pump Installers Rules
PROPOSED RULE NUMBER: 2008-P93
CONCISE SUMMARY: The Maine Well Drillers Commission is proposing minor changes to the regulations that govern the installation of water wells and pump systems in Maine. These changes include clarifying definitions and language, error corrections and a new late charge for license renewal applications received after January 31 of each year.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §4700 – E through – M, 22 MRSA §1689, §1689–A and 32 MRSA 3501, sub-§6
PUBLIC HEARING: No additional public hearing is scheduled
DEADLINE FOR COMMENTS: June 6, 2008
AGENCY CONTACT PERSON: David Braley, Commission Member, Maine Well Drillers Commission, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-3194
TTY: (207) 287-5550



AGENCY: 01-001 - Maine Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 346, Rules Governing Meat and Poultry Inspection and Licensing
PROPOSED RULE NUMBER: 2008-P94
CONCISE SUMMARY: The changes to Ch. 346 are necessary to avoid threats to the public health of Maine consumers, and to maintain “At Least Equal-To” status with USDA, Food Safety Inspection Service (FSIS). These changes incorporate the 2008 version of Federal Regulations which include prohibition of Specific Risk Materials (SRMs) of Bovine Spongiform Encephalopathy (BSE) for use as human food.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §2513
PUBLIC HEARING: none scheduled
DEADLINE FOR COMMENTS: June 6, 2008
AGENCY CONTACT PERSON: Hal Prince, Director, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3841


ADOPTIONS



AGENCY: 16-222 - Maine Department of Public Safety, Bureau of the Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 6, Transportation of Hazardous Materials in Maine
ADOPTED RULE NUMBER: 2008-177
CONCISE SUMMARY: This Chapter will ensure that hazardous materials are transported safely in Maine. The Chapter adopts and incorporates by reference Parts 107, 171, 172, 173, 174, 177, 178, 179, 180, 387, and 397 of Title 49 Code of Federal Regulations as in effect as of October 1, 2007. Copies of the Federal rules adopted and incorporated by reference into Ch. 6 may be obtained from the following agencies:
Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402
Maine Department of Public Safety, Bureau of Maine State Police, 20 State House Station, Augusta, ME 04333-0020
EFFECTIVE DATE: May 3, 2008
AGENCY CONTACT PERSON: Christopher Parr, Maine State Police, 42 State House Station, Augusta, ME 04333-0042
TELEPHONE: (207) 624-7205



AGENCY: 01-001 - Maine Department of Agriculture, Food, & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 346, Rules Governing Meat and Poultry Inspection and Licensing (EMERGENCY)
ADOPTED RULE NUMBER: 2008-178
CONCISE SUMMARY: For the purpose of Ch. 346, parts of the 2007 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 amends the rule to reference the 2008 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 Composition9 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
21CFR 178.1010 Sanitizing Solutions
21CFR 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
EFFECTIVE DATE: April 28, 2008
AGENCY CONTACT PERSON: Hal Prince, Director, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3841



AGENCY: 19-100 - Department of Economic & Community Development
CHAPTER NUMBER AND TITLE: Ch. 450, Rules for the Maine Applied Technology Development Centers, Section 6: Center Management Assistance Grants
ADOPTED RULE NUMBER: 2008-179
CONCISE SUMMARY: The amendment to existing Section 6 of Ch. 450 removes the $50,000 threshold. Revised wording reads as follows (all other wording in Section 6 remains unchanged):
Eligibility: Only Centers that are not for profit organizations and are part of the Applied Technology Development System are eligible for an annual Center Management Assistance Grant, dependent on continued funding by the Legislature. For-profit centers are not eligible for Center Management Assistance Grants.
EFFECTIVE DATE: May 3, 2008
AGENCY CONTACT PERSON: Catherine Renault, Director, Office of Innovation, Department of Economic and Community Development, 59 State House Station, Augusta ME 04333-0059
TELEPHONE: (207) 624.9801



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
TYPE OF RULE: Amendment to Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4.01(J), Upland Game and Furbearing Animals, Size of Traps
ADOPTED RULE NUMBER: 2008-180
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule limiting some of the trap types and sizes that may accidentally capture the Federally Threatened Canada Lynx in Northern Maine (WMDs 1, 2, 3, 4, 5, 6, 8, 9, 10, and 11). This rule has been adopted in order to comply with a Consent Decree issued by the U.S. District Court for the District of Maine on October 4, 2007, resolving a lawsuit alleging that the State's licensure of trappers violated the federal Endangered Species Act. This rule had been adopted on an emergency basis (in effect for 90 days only) for the past trapping season and is being permanently adopted at this time.
EFFECTIVE DATE: May 5, 2008
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries and 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. III Section 100, Psychological Services
ADOPTED RULE NUMBER: 2008-181
CONCISE SUMMARY: The adopted rule removes redundant codes in an effort to achieve consistency with industry standards. The adopted rule also removes CPT codes that are no longer billable under Section 100, Psychological Services. This rule is not expected to have an adverse impact on small business.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: May 5, 2008
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)