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Home > Weekly Newspaper Notices > June 11, 2008

June 11, 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.


NOTICE OF PUBLIC COMMENT PERIOD


Land Use Regulation Commission
LURC Zoning Petition ZP 707
Proposed Concept Plan for Plum Creek’s Lands in The Moosehead Lake Region
Piscataquis and Somerset Counties, Maine

       The Land Use Regulation Commission (LURC) is seeking public comment on a set of LURC-generated amendments to Zoning Petition ZP 707, Plum Creek’s Concept Plan proposal for its lands in the Moosehead Lake region.
       At the conclusion of the public and party hearings on Zoning Petition ZP 707, the Commission expressed a preference for a post-hearing process in which it could explore potential amendments to the Plan that the Commission concluded would be necessary to satisfy governing review criteria. After two days of deliberations, the Commission developed a set of LURC-generated amendments designed to indicate how the Commission would resolve certain core issues presented by the Plan under governing review criteria. The Commission now seeks comment from the petitioner, intervenors, interested persons, and members of the public on these LURC-generated amendments.
       These LURC-generated amendments do not constitute the exact replacement language that would amend the Plan. If eventually adopted into the Plan, many of the amendments would need to be refined and carefully drafted to ensure the Commission’s intent is fully expressed. This specific Plan amendment language would be subject to additional public comment and then come back to the Commission for review and final approval.
       Based on its review of comments received, the Commission will determine whether changes to the LURC-generated amendments are necessary or appropriate. The Commission recognizes that concept plans are initiated by the landowner, and that any amendments to this Plan would have to be accepted by the Petitioner before they could be incorporated into a final decision.
PUBLIC COMMENT DEADLINE
       LURC has established 4:00 p.m. on Friday, July 11, 2008 as the deadline for the filing of written statements by petitioner, intervenors, interested persons, and members of the public regarding a set of LURC-generated amendments to Zoning Petition ZP 707. Written comments may be sent to the Land Use Regulation Commission, 22 State House Station, Augusta, Maine, 04333-0022. Comments may also be submitted via e-mail to LURC@maine.gov.
       The July 11 deadline does not constitute final closure of the hearing record. To the extent that the Commission considers specific amendments to the proposed Concept Plan, those amendments will be posted for additional public comment. Notice of any such future opportunities for public participation will be provided.
FOR ADDITIONAL INFORMATION
       A full copy of the LURC-generated amendments to Plum Creek’s proposed Concept Plan may be viewed at the Commission’s main office (18 Elkins Lane, Harlow Building, Augusta, Maine -- call (207) 287-2631 to schedule an appointment) or may be downloaded from the agency’s web site (www.maine.gov/doc/lurc). Persons having questions may contact LURC by e-mail (LURC@maine.gov) or telephone - (207-) 287-2631).


PROPOSALS



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 885, Land Use Regulation Exemptions
PROPOSED RULE NUMBER: 2008-P128
CONCISE SUMMARY: This Chapter establishes the procedures and standards that govern public utility and energy infrastructure developer requests for exemptions from municipal ordinances and Land Use Regulation Commission regulations.
THIS RULE WILL HAVE MINIMAL FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111; 12 MRSA §685-A(11); 30-A MRSA §4352(4)
PUBLIC HEARING: July 1, 2008, 1:30 p.m. at the Public Utilities Commission, 242 State Street, Augusta, ME 04333-0018
COMMENT DEADLINE: July 11, 2008; however, the Commission requests that comments be filed by June 24, 2008, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to Docket No. 2008-226.
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831
E-MAIL: paula.cyr@maine.gov



AGENCY: 10-144 - Department of Health and Human Services
RULE TITLE OR SUBJECT: Ch. 351, Maine Child Support Enforcement Manual: Child Support Table
PROPOSED RULE NUMBER: 2008-P129
CONCISE SUMMARY: The Child Support Table (“Table”) is a schedule of basic child support obligations (per child per week rounded to the nearest dollar) based on the parents’ combined annual gross income. The Table is divided into two age brackets (age 0 through 11 years and age 12 through 17 years) and is further broken down by the number of children for whom support is to be established. The Table was developed using the most recent authoritative national studies of child rearing expenditures and reflects the percentage of combined gross income that parents living in the same household ordinarily spend on their children. The Table does not reflect expenditures for child care, health insurance, and extraordinary medical expenses. The Table is designed to be used in conjunction with other Maine law (Title 19-A MRSA §2001 et seq.) to establish a total child support obligation that includes actual child care, health insurance, and extraordinary medical expenses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 19-A MRSA §2011
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: July 11, 2008
AGENCY CONTACT PERSON: Kevin C. Wells, Staff Attorney, Department of Health and Human Services, Office of Integrated Access and Support, Division of Support Enforcement and Recovery, 268 Whitten Road, State House Station 11, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5095
E-MAIL: kevin.wells@maine.gov



AGENCY: 94-293 - Baxter State Park Authority
RULE TITLE OR SUBJECT: Ch. 1, Baxter State Park Rules: Section 5, Entrance Registration; Section 6, Entrance Permits; Section 7, Camping; Section 11, Supervision of Minors; Section 12, Fires; Section 13, Litter; Section 16, Disturbances; Section 18, Aircraft; Section 20, Motorcycles, ATVs, Bicycles, and Parasailing; Section 21, Snowmobiles; Section 25, Audio Devices
PROPOSED RULE NUMBER: 2008-P130
CONCISE SUMMARY: Proposed changes to Rules 5. Entrance Registration: This wording is simplified and clarified. The gatehouse hours are changeable and should not be included in the rule text. 6.* Vehicle Permits: The rule pertains exclusively to permits for vehicles, so the title should be changed to reflect that. 7. Camping: This change simplifies and clarifies the statement. 11.* Supervision of Youths: The rule specifically concerns the supervision of youths below the age of 16. 12. Fires: Revised policy for Wassataquoik Island site includes banning of open fires in 2009 to be consistent with similar sensitive, remote sites in BSP. 13. Litter: Using the phrase “trash, rubbish, or litter, camping gear, equipment and materials” covers most applicable definitions and ties the rule to existing Carry In Carry Out policy. This is for protection of public and employee health. 16. Disturbances: The addition of the last sentence to this rule would be combined with elimination of current Rule 25. Audio Devices. This change would simplify and clarify the intent of the rule and bring the rule into compliance with current Park policy and procedure. 18. Aircraft: Specifies when and where pre-registration is required. Clarifies the Park’s intent to prohibit flying activities that are inconsistent with the wilderness management directives of the Park. 20.* Motorcycles, ATVS, and Bicycles: Relocation of restriction regarding aircraft to rule 18. 21. Snowmobiles: Amendment of incorrect wording in the existing rule, removal of the allowance for travel south of Route 159 along the East Branch of the Penobscot, and to clarify and simplify the rule. 25.* Solicitation: Introduction of protection of the Park from private vendors impairing the experience of visitors.
*Contains proposed changes to titles of rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §903
PUBLIC HEARING: none scheduled
DEADLINE FOR COMMENTS: July 11, 2008
AGENCY CONTACT PERSON: Ada Angotti, Baxter State Park, 64 Balsam Drive, Millinocket, ME 04462
TELEPHONE: (207) 723-9500
E-MAIL: ada.angotti@maine.gov



AGENCY: 94-293 - Baxter State Park
RULE TITLE OR SUBJECT: Ch. 2, Rules for the Purchase of Services and Awards
PROPOSED RULE NUMBER: 2008-P131
CONCISE SUMMARY: Seeking amendment to remove Rule 31 from Ch. 1 and re-establish Rule 31 as Rule 1 in Chapter 2. Increase amounts of money in Section 4, Waiver. Update of information.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §903
PUBLIC HEARING: none scheduled
DEADLINE FOR COMMENTS: July 11, 2008
AGENCY CONTACT PERSON: Ada Angotti, Baxter State Park, 64 Balsam Drive, Millinocket, ME 04462
TELEPHONE: (207) 723-9500
E-MAIL: ada.angotti@maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual, Rev. #241P: Non-Categorical Reinstatement Process
PROPOSED RULE NUMBER: 2008-P132
CONCISE SUMMARY: Maine is implementing this rule to establish a reinstatement and waiting list process for individuals seeking MaineCare eligibility under the Non-categorical chapter, also known as the benefit for childless adults. Recent budget shortfalls have created a waiting list again for this program, which necessitates adoption of this process, so that non-cats who lose their coverage through no fault of their own will be able to regain that coverage without having to be placed at the end of the waiting list.
This rule is not expected to have any adverse impact on small business.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3173 and 122nd Legislature, Resolve 186
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: July 11, 2008
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, Maine 04333-0011
TELEPHONE: (207) 287-5093
TTY: (800) 606-0215 (Deaf/Hard of Hearing)
E-MAIL: bethany.hamm@maine.gov


ADOPTIONS



AGENCY: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Rule Ch. 850, Health Plan Accountability
ADOPTED RULE NUMBER: 2008-233
CONCISE SUMMARY: These major substantive amendments to the access requirements in section 7 were provisionally adopted by the Acting Superintendent on December 6, 2007 following a consensus-based rule development process. Final adoption was authorized by the Legislature pursuant to Resolve Ch. 160, effective March 21, 2008.
EFFECTIVE DATE: June 29, 2008
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452
E-MAIL: vanessa.j.leon@maine.gov



AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
CHAPTER NUMBER AND TITLE: Ch. 32, Rules for the Licensing of Child Care Facilities
ADOPTED RULE NUMBER: 2008-234
CONCISE SUMMARY (Emergency Rule): To protect children who swim in lakes and ponds while in the care of a child care facility licensed by Maine, the Department has determined that immediate adoption of this emergency rule is necessary to provide regulatory protection for children to safely participate in swimming and wading activities at lakes and ponds. The Department finds that the swimming and wading activities in lakes and ponds need to be implemented for the health, safety, and well-being of children. This rule implements the emergency enactment of Resolves 2007, ch. 199 mandated by the 123rd Legislature. Enacted pursuant to 5 MRSA §8054, a provision of the Administrative Procedure Act, this emergency rule encourages safe physical activity without adding unnecessary and burdensome increased costs to providers. Specifically, this emergency rule: [1] eliminates the lifeguard requirement when child care facilities have off-site swimming activities at lakes and ponds; [2] requires providers to have a written water safety plan for swimming activities at lakes and ponds; [3] requires written parental permission before a child is allowed to participate in swimming activities at lakes and ponds; [4] requires written parental notice that there will be no lifeguard on duty at lakes and ponds during swimming activities; and [5] requires providers to rope off an area of the lake or pond for swimming activities that is no wider that 16 feet across at any point and partitions off a part of the water that is not deeper than 4 feet at any point.
This emergency rule shall remain in effect for no longer than 90 days. In the interim, the Department will implement permanent routine technical rules. The emergency rule is available on the Division of Licensing and Regulatory Services’ website http://www.maine.gov/dhhs/dlrs/rulemaking/emergency-rule/home.html. Call (207) 287-9254 to have a paper copy of the rule mailed to you.
EFFECTIVE DATE: Sunday, June 1, 2008
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Regulatory Services, Community Services Programs, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9254. TOLL FREE: 1 (800) 791-4080
TOLL FREE TTY 1 (800) 606-0215
FAX: (207) 287-9252
E-MAIL: peter.mauro@maine.gov



AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
CHAPTER NUMBER AND TITLE: Ch. 33, Rules for Family Child Care Providers
ADOPTED RULE NUMBER: 2008-235
CONCISE SUMMARY (Emergency Rule): To protect children who swim in lakes and ponds while in the care of a family child care provider certified by Maine, the Department has determined that immediate adoption of this emergency rule is necessary to provide regulatory protection for children to safely participate in swimming and wading activities at lakes and ponds. The Department finds that the swimming and wading activities in lakes and ponds need to be implemented for the health, safety, and well-being of children. This rule implements the emergency enactment of Resolves 2007, ch. 199 mandated by the 123rd Legislature. Enacted pursuant to 5 MRSA §8054, a provision of the Administrative Procedure Act, this emergency rule encourages safe physical activity without adding unnecessary and burdensome increased costs to providers. Specifically, this emergency rule: [1] eliminates the lifeguard requirement when family child care providers have off-site swimming activities at lakes and ponds; [2] requires providers to have a written water safety plan for swimming activities at lakes and ponds; [3] requires written parental permission before a child is allowed to participate in swimming activities at lakes and ponds; [4] requires written parental notice that there will be no lifeguard on duty at lakes and ponds during swimming activities; and [5] requires providers to rope off an area of the lake or pond for swimming activities that is no wider that 16 feet across at any point and partitions off a part of the water that is not deeper than 4 feet at any point.
This emergency rule shall remain in effect for no longer than 90 days. In the interim, the Department will implement permanent routine technical rules. The emergency rule is available on the Division of Licensing and Regulatory Services’ website http://www.maine.gov/dhhs/dlrs/rulemaking/emergency-rule/home.html. Call (207) 287-9254 to have a paper copy of the rule mailed to you.
EFFECTIVE DATE: Sunday, June 1, 2008
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Regulatory Services, Community Services Programs, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9254. TOLL FREE: 1 (800) 791-4080
TOLL FREE TTY: 1 (800) 606-0215
FAX: (207) 287-9252
E-MAIL: peter.mauro@maine.gov



AGENCY: 06-096 - Department of Environmental Protection, Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 150, Control of Emissions from Outdoor Wood Boilers
ADOPTED RULE NUMBER: 2008-237
CONCISE SUMMARY: The Board of Environmental Protection originally adopted Chapter 150, Control of Emissions from Outdoor Wood Boilers, in November 2007. The rule establishes requirements for the sale and installation of new outdoor wood boilers, including particulate emission standards, requirements for setback from neighboring properties and dwellings, a minimum stack height and provisions for the sell-through of existing inventory. The rule also contains general provisions that apply to all outdoor wood boilers. These include prohibited fuels, allowed fuels, notice to buyers, owner manual requirements and a method to address nuisance conditions. This rulemaking incorporates changes made at the last Legislative session. 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: July 4, 2008
AGENCY CONTACT PERSON: Carolyn Wheeler, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437
E-MAIL: carolyn.wheeler@maine.gov



AGENCY: 01-017 - Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 1, Administration: Section 1, Definitions, Subsection 66-A, "Protest"
ADOPTED RULE NUMBER: 2008-238
CONCISE SUMMARY: This rule will provide a clearer understanding of what a protest is and when it is to be used.
CHAPTER NUMBER AND TITLE: Ch. 7, Racing: Section 6, Meeting Race Standards and Maintaining Eligibility; Section 8, Preference; Section 17, Claiming Races; Section 53, Driving Violations; Section 54, Racing Violations; Section 76, Dashes
ADOPTED RULE NUMBER: 2008-239
CONCISE SUMMARY: The change in Section 6 clarifies when a horse is eligible to race and allows the break to be excused in the event of interference or broken equipment.
The change in Section 8 requires that the preference date also include the date that the horse is drawn in to go and in cases where there are fewer than 25 horses available for competition the race secretary may consider two consecutive race dates in the case of equal preference.
The change in Section 17 would require that a horse not be allowed to race outside the State of Maine for a period of 45 days or until all awarded race dates have been fulfilled for that racing year and provides for an allowance for mares in any claiming race.
The change in Section 53 prohibits the sawing of a whip between the horse’s legs.
The change in Section 54 prohibits the whipping outside the confines of the wheels.
The change in Section 76 requires the purse money for positions for which there were no horses placed be retained by the track for future supplement of purses.
CHAPTER NUMBER AND TITLE: Ch. 9, Sire Stakes: Section 2, Eligibility Criteria; Section 3, Payments and Fees; Section 4, Performance Eligibility; Section 6, Conditions
ADOPTED RULE NUMBER: 2008-240
CONCISE SUMMARY: The change in Section 2 clarifies the breeding season. The change in Section 3 eliminates fees for final events. The change in Section 4 changes the performance eligibility for two and three year old trotters. The change in Section 6 decreases the number of trailing horses from 2 to 1.
CHAPTER NUMBER AND TITLE: Ch. 13, Pari-Mutuel: Section 48, Quad Rific
ADOPTED RULE NUMBER: 2008-241
CONCISE SUMMARY: The rule changes Quad Rific to Superfecta and increases the maximum races per card, decreases the minimum starters in Superfecta races.
EFFECTIVE DATE: June 7, 2008
AGENCY CONTACT PERSON: Henry W. Jackson, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221
E-MAIL: henry.jackson@maine.gov