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Home > Weekly Newspaper Notices > July 16, 2008

July 16, 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



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is holding a public hearing, pursuant to 12 MSRA §12803, sub-§4, to obtain input regarding the Department’s recommendation to the Legislature to remove Bald eagles from the list of Maine’s endangered and threatened wildlife. This recommendation will go before the Legislature in the 1st Regular Session of the 124th Legislature for their consideration and action.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §12803, sub-§4
PUBLIC HEARING): July 31, 2008, 6:30 p.m. – Ramada Inn, 357 Odlin Road, Bangor, ME
DEADLINE FOR COMMENTS: August 11, 2008
AGENCY CONTACT PERSON: Andrea 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


PROPOSALS



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: 2008-P147
CONCISE SUMMARY: The proposed rule increases license fees for auctioneers and real estate appraisers, and eliminates fees that relate to qualifying education and continuing education for real estate appraisers. Specifically, the annual license fee for auctioneers is increased from $175 to $200. The examination fee for auctioneers is increased from $100 to $150. The biennial license fee for certified general real estate appraisers, certified residential real estate appraisers and licensed real property appraisers is increased from $400 to $450. The biennial license fee for trainee real property appraisers is increased from $300 to $450. The following fees for real estate appraiser education are eliminated: (a) continuing education course application (currently $50), (b) qualifying education course application (currently $50), (c) education course renewal (currently $25), and (d) individual request for course approval (currently $10).
The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
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 §287-A (Board of Licensing of Auctioneers); 32 MRSA §14012-A (Board of Real Estate Appraisers).
PUBLIC HEARING: August 4, 2008, 9:30 a.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: August 14, 2008
AGENCY CONTACT PERSON: Jeffrey Frankel, OLR 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 ONLINE AT: www.maine.gov/professionallicensing



AGENCY: 02-385 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Manufactured Housing Board
RULE TITLE OR SUBJECT:
Ch. 110, State Certification of Manufactured Housing – Authority
Ch. 380, Licensing – Adoption of Codes and Standards
PROPOSED RULE NUMBER: 2008-P148 and P149
CONCISE SUMMARY: The amendment to Chapter 110 requires that modular homes installed in Maine must be manufactured to accommodate the easy installation of radon mitigation systems in the event that unacceptable levels of radon are measured in an individual home following installation. The amendment includes a radon mitigation preparation standard to be followed by manufacturers. The amendment also excludes Appendix E (Manufactured Housing Used as Dwellings) to the 2003 International Residential Code for One- and Two-Family Dwellings from incorporation by reference into the board’s rules.
The radon readiness requirement described above does not apply to mobile homes. The amendment to Chapter 380 states that no radon mitigation or radon mitigation preparation is required in the manufacture or installation of HUD Code and pre-HUD Code homes. The amendment also removes outdated citations and unnecessary provisions from Chapter 380.
The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA §§ 9005, 9006, 9041, 9042 and 9064
PUBLIC HEARING: August 6, 2008, 11:00 a.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: August 18, 2008
AGENCY CONTACT PERSON: Robert V. LeClair, Executive Director, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
E-MAIL: robert.v.leclair@maine.gov
TELEPHONE: (207) 624-8678
PROPOSED RULE AVAILABLE ON LINE AT: www.maine.gov/professionallicensing



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 15.37, Buying Station, and Ch. 15.03(B)(2), Regulated Activity
PROPOSED RULE NUMBER: 2008-P150
CONCISE SUMMARY: This proposed regulation would allow certified dealers to obtain a permit to use vehicles as a buying station for soft shell clam shellstock purchased from licensed harvesters at a location other than the certified dealers’ permanent facility. Copies of the current Ch, 15, General Shellfish Sanitation Requirements, and Ch. 16, Uniform Physical Plant Equipment and Operation Requirements, are available from the web site: http://www.maine.gov/sos/cec/rules/13/chaps13.htm
AGENCY CONTACT PERSON: Bruce Chamberlain (207- 557-3557)
STATUTORY AUTHORITY: 12 MRSA §6856(4)
PUBLIC HEARINGS:
August 5, 2008, 6:00 p.m., Scarborough Town Hall – Municipal Building, 259 US Route One, Scarborough
August 6, 2008, 6:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
August 7, 2008, 6:00 p.m., Ellsworth City Hall (Auditorium), One City Hall Plaza, Ellsworth
HEARING FACILITIES: If you require accommodations due to disability, please contact Amanda Beckwith, at (207)287-7578.
DEADLINE FOR WRITTEN COMMENTS: August 18, 2008. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
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
E-MAIL: laurice.churchill@maine.gov
TEL: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)


ADOPTIONS



AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 289, Requirements and Terms for Bundled Services Offered by Incumbent Local Exchange Carriers
ADOPTED RULE NUMBER: 2008-283
CONCISE SUMMARY: Ch. 289 establishes consumer protection requirements associated with the provision of bundled services by incumbent local exchange carriers (ILECs); "safe harbor" financial and pricing procedures that shall be considered reasonable during future ratemaking or universal service proceedings; and terms governing miscellaneous other factors associated with the provision of bundled services.
EFFECTIVE DATE: July 13, 2008
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831
E-MAIL: paula.cyr@maine.gov



AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 162, The Administration of the International Registration Plan
ADOPTED RULE NUMBER: 2008-284
CONCISE SUMMARY: This rule will allow the issuance of International Registration Plan (IRP) credentials under the authority of Administrative Rules that are consistent and compliant with the changes to the International Registration Plan, effective July 1, 2008.
EFFECTIVE DATE: July 13, 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
E-MAIL: francis.fox@maine.gov



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: 2008-285
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 adds new parts of Title 9 CFR, Parts 300 to End, and 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 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 2008 version of Title 9, Code of Federal Regulations (CFR), Part 300 to end, 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 0157: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.
EFFECTIVE DATE: July 14, 2008
AGENCY CONTACT PERSON: Hal Prince, Director, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3841
E-MAIL: hal.prince@maine.gov



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.01, Upland Game and Furbearing Animals - Size, Location of and Preparation for Traps
ADOPTED RULE NUMBER: 2008-286
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule extending the season dates for marten and fisher trapping until the end of December; restricting the harvest of fisher to 10 per trapper; and allowing for possession of mink taken incidental to beaver or muskrat trapping. The original proposal contained a provision that would have allowed the use of a specific trap type for weasels and red squirrels. This provision was not adopted as part of this rule.
CHAPTER NUMBER AND TITLE: Ch. 4.01, Hunting Seasons for Upland Game
ADOPTED RULE NUMBER: 2008-287
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule extending the gray squirrel hunting season for falconry until February 28. The general hunting season runs from October 1 through December 31; falconers will be able to continue hunting until February 28.
EFFECTIVE DATE: July 14, 2008
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov