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Home > Weekly Newspaper Notices > December 3, 2008

December 3, 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: 01-026 – Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT:
Amendment to Ch. 10, Definitions and Terms
Amendment to Ch. 22, Standards for Outdoor Application of Pesticides by Powered Equipment in Order to Minimize Off-Target Deposition
Amendment to Ch. 28, Notification Provisions for Outdoor Pesticide Applications
PROPOSED RULE NUMBER: 2008-P302 through P304 (originally published on October 29, 2008)
CONCISE SUMMARY: The Board is proposing to amend three rule chapters affecting aerial spraying: Ch. 10, 22 and 28. See notice published on October 29 or http://www.maine.gov/agriculture/pesticides/laws/rulemaking.htm for details. This notice extends the deadline for written comments 1 week until December 10, 2008.
THE NEW DEADLINE FOR COMMENTS: 5:00 p.m. on Wednesday, December 10, 2008
URL: http://www.maine.gov/agriculture/pesticides/laws/rulemaking.htm
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731
FAX: (207) 624-5035
E-MAIL: Henry.Jennings@Maine.gov



AGENCY: 03-201 - Maine Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10, Policy and Procedures Manual – Adult:Subsection 2:12, Prisoner/Resident Accounts
PROPOSED RULE NUMBER: 2008-P343
CONCISE SUMMARY: Per 34-A MRSA §3039(1), this rule is required to be adopted by the Commissioner of Corrections, rather than the Chief Administrative Officers, as required under the previous version of this statute.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA §3039(1)
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: January 5, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:
CONTACT PERSON’S NAME: Esther Riley, Maine Department of Corrections, State House Station #111, Augusta, ME 04333
TELEPHONE: (207) 287-4681
FAX: (207) 287-4370
E-MAIL: Esther.Riley@Maine.gov



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 801, Apportionment of Income
PROPOSED RULE NUMBER: 2008-P344
CONCISE SUMMARY: Rule 801 serves to explain the basis for the apportionment of net income of corporations, pass-through entities, sole proprietorships and other business types as required by law. The proposed amendments to Rule 801 clarify the apportionment rules related to a corporation engaged in more than one unitary business. Proposed Rule 801 also expands guidance on the sales factor related to sales in this State, receipts from the sale of goodwill, accounts receivable or collection services and from sales not otherwise specified. This Rule clarifies that corporate partners refers to members of other pass-through entities. Additional editorial corrections and deletions were made.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §112
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: January 12, 2009
AGENCY CONTACT PERSON: John W. Sagaser, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536
E-MAIL: John.W.Sagaser@Maine.gov


ADOPTIONS



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 7.70, Intertidal mussel harvesting by drag or dredge
ADOPTED RULE NUMBER: 2008-547
CONCISE SUMMARY: These adopted regulations establish specified intertidal mussel harvesting areas and the permit process to harvest mussels by drag in these areas. The proposed rules would provide compliance with statutes effective June 30, 2008 in accordance with 12 MRSA §6671(3)(A)(5) and (12) that give municipalities a mechanism to designate specific areas of their flats that have been seeded and need protection from intertidal dragging while allowing mussel harvester’s using drags to have access to areas that are not being actively managed by a town.
RULE TITLE OR SUBJECT: Ch. 11.07(3), Configuration of Scallop Drag, Minimum Ring Size
ADOPTED RULE NUMBER: 2008-548
CONCISE SUMMARY: This adopted regulation establishes a minimum ring size of 4 inches in accordance with 12 MRSA §6726, sub-§1, Minimum size, effective July 18, 2008.
RULE TITLE OR SUBJECT:
Ch. 11.09, Atlantic Sea Scallop Harvesting Season (sunsets May 1, 2009)
Ch. 11.10(F), Atlantic Sea Scallops, Daily Possession Limit
Ch. 11.10(G), Atlantic Sea Scallops Harvested Seaward of Maine’s Territorial Waters;
and renumbering of entire chapter
ADOPTED RULE NUMBER: 2008-549
CONCISE SUMMARY: These adopted rules contain a 70-day season for the 2008/2009 fishing year only, running December 1 through January 4 (both days inclusive) and February 25 to March 31 (both days inclusive) and sunsets May 1, 2009; and matches the federal daily possession limit of 200 pounds of scallop meats. A provision has been added to clarify scallops taken by federal scallop permit holders may be landed in Maine. Also, the numbering format has been reordered throughout the entire chapter.
RULE TITLE OR SUBJECT: Ch. 16.26, Receiving Shellfish
ADOPTED RULE NUMBER: 2008-550
CONCISE SUMMARY: The adopted regulations update the physical plant rules for certified shellfish dealers with regard to receiving shellfish at their permanent facility. These regulations provide for compliance and consistency with the federal National Shellfish Sanitation Program Model Ordinance under the federal Food and Drug Administration.
RULE TITLE OR SUBJECT:
Ch. 25.93(F)(1)(b)(i), Exit Ratios for Limited Entry Zones – Zone D (5:1, based on trap tags);
Ch. 25.93(F)(1)(b)(ii), Exit Ratios for Limited Entry Zones – Zone E (5:1, based on trap tags); and
Ch. 25.93(F)(1)(b)(v), Exit Ratios for Limited Entry Zones – Zone B (5:1, based on trap tags)
ADOPTED RULE NUMBER: 2008-551 through 553
CONCISE SUMMARY: The Department of Marine Resources adopts changes to these regulations in Ch. 25.93(F) after considering a survey of the respective zone members and a recommendation of the respective Zone D, Zone E and Zone B Councils in accordance with 12 MRSA §6448. The change reestablishes the exit to entry ratio of 5:1 for Zones D, E and B based upon the number of trap tags instead of licenses in accordance with 12 MRSA §6448, sections 2, 4, 6, 7 and 10. The survey results and these rulemakings do not impact student entry into the zone in accordance with 12 MRSA §6448, sub-section 8(A).
RULE TITLE OR SUBJECT: Ch. 25.93(F)(1)(b)(vi), Exit Ratios for Limited Entry Zones – Zone A (3:1, based on trap tags)
ADOPTED RULE NUMBER: 2008-554
CONCISE SUMMARY: The Department of Marine Resources adopts changes to this regulation in Ch. 25.93(F) after considering a survey of zone members and a recommendation of the Zone A Council in accordance with 12 MRSA §6448. The change reestablishes the exit to entry ratio of 3:1 for Zone A based upon the number of trap tags instead of licenses in accordance with 12 MRSA §6448, sections 2,4,6,7 and 10. The survey results and this rulemaking do not impact student entry into the zone in accordance with 12 MRSA §6448, sub-section 8(A).
EFFECTIVE DATE: November 24, 2008
AGENCY CONTACT PERSON: Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500
E-MAIL: Laurice.Churchill@Maine.gov



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #12-08
ADOPTED RULE NUMBER: 2008-555
CONCISE SUMMARY: Minimum December 2008 Class I price is $18.68/cwt. plus $ 1. 35/cwt. for Producer Margins, an overorder premium of $ 1.53/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $23.16/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: November 30, 2008
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521
E-MAIL: Tim.Drake@Maine.gov



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey Hunting
ADOPTED RULE NUMBER: 2008-556
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing the dates for the 2009 wild turkey hunting season (May 4, 2009 - June 6, 2009) for all hunters as the split season is repealed; the proposal to amend the legal hunting hours is not being adopted at this time so the legal- hunting hours for the 2009 spring season will remain at 1/2 hour before sunrise to 12:00 noon. The Youth Spring Wild Turkey Hunting Day will occur on the Saturday preceding the opening day (May 2, 2009).
EFFECTIVE DATE: November 25, 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



AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 8, Rules For Ignition Interlock Devices
ADOPTED RULE NUMBER: 2008-557
CONCISE SUMMARY: This rule establishes testing, certification and installation requirements for ignition interlock devices and set out the conditions for early restoration of driver's licenses for persons convicted of a second or third OUI offense.
EFFECTIVE DATE: November 26, 2008
AGENCY CONTACT PERSON: Robert E. O'Connell, Director, Driver License Services, Secretary of State, Bureau of Motor Vehicles, 101 Hospital Street, 29 State House Station, Augusta, Maine 04333-0029
TELEPHONE: (207) 624-9092
E-MAIL: Robert.O'Connell@Maine.gov