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Home > Weekly Newspaper Notices > February 11, 2009

February 11, 2009

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. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.10(1)(a), Lobster Trap Limits Established by Lobster Management Zones, Zone G, Limited Lobster Fishing in the Vicinity of Kittery – Buoy marking
PROPOSED RULE NUMBER: 2009-P28
CONCISE SUMMARY: The Department of Marine Resources proposes to require that buoys at the ends of trawls be marked in such a way to have the buoy marking one end distinguishable from the buoy on the opposite end of the trawl, in the vicinity of Kittery. This would add a distinguishable buoy marking requirement to the regulations set forth in Ch. 25.10(1)(a) that each end of a trawl be marked with a 4 foot stick.
STATUTORY AUTHORITY: 12 MRSA §6171-A §6439-A
PUBLIC HEARING FOR THE ABOVE PROPOSAL: March 2, 2009, 6:00 p.m., Scarborough Municipal Building, 259 U.S. Route One, Scarborough
AGENCY CONTACT PERSON FOR THIS PROPOSAL: Lt. Jon Cornish - (207) 633-9595
E-MAIL: Jon.Cornish@Maine.gov
*RULE TITLE OR SUBJECT: Ch. 13, Whelks, Updates
PROPOSED RULE NUMBER: 2009-P29
CONCISE SUMMARY: The proposed amendments to Ch. 13 include clarification to the whelk permit requirement; replacement of the closure permit with the option for processors and harvesters to request targeted localized testing for an exception to closed areas due to red tide/ PSP to harvest whelks instead of a permit; the repeal of the optional harvester reporting; and renumbering throughout the entire chapter.
STATUTORY AUTHORITY: 12 MRSA §6171
AGENCY CONTACT PERSON FOR THIS PROPOSAL: Pete Thayer - (207) 633-9539, or Laurice Churchill - (207) 633-9584
E-MAIL: Pete.Thayer@Maine.gov or Laurice.Churchill@Maine.gov
*RULE TITLE OR SUBJECT: Ch. 25.08(F), Lobster Trap Tag System, Special Circumstances Permit
PROPOSED RULE NUMBER: 2009-P30
CONCISE SUMMARY: The proposed rule would require that requests for a variance from the requirements of Ch. 25.08(B)(2)&(5) be made to the department in writing, and that any such approvals would be in the form of a special circumstances permit. The existence of a such a permit would provide a mechanism to allow the Maine Patrol to better enforce Ch. 25.08(B)(2)&(5) Trap tags, and limit potential abuses.
STATUTORY AUTHORITY: 12 MRSA §6431-E
AGENCY CONTACT PERSON FOR THIS PROPOSAL: Lt. Jon Cornish - (207) 633-9595
E-MAIL: Jon.Cornish@Maine.gov
*RULE TITLE OR SUBJECT: Ch. 49, Shellfish Bait Permit Regulations
PROPOSED RULE NUMBER: 2009-P31
CONCISE SUMMARY: The proposed regulations would allow recreational saltwater bait dealers to provide non-consumable marine mollusks and or shellfish bait. New sources of bait are coming into Maine that is not in compliance with the control of bait products and the certification of the State’s National Shellfish Sanitation Program.
STATUTORY AUTHORITY: 12 MRSA §6621(3)(E)
AGENCY CONTACT PERSON FOR THIS PROPOSAL: Lt. Jon Cornish - (207) 633-9595
E-MAIL: Jon.Cornish@Maine.gov
*RULE TITLE OR SUBJECT: Ch. 90.02(C), Conservation Areas, Lincoln County, Wiscasset – Boundary Clarification
PROPOSED RULE NUMBER: 2009-P32
CONCISE SUMMARY: The proposed regulations would clarify the boundary description for enforcement purposes as there is a discrepancy in the distance between the landmarks and the dimensions stated in the current rule, which makes enforcement problematic. The former Freight House that has burned down and its adjacent stone pilings landmark would be updated with a reference to the distance of the stone pilings from the Route No. 1 Highway.
STATUTORY AUTHORITY: 12 MRSA §6171
AGENCY CONTACT PERSON FOR THIS PROPOSAL: Lt. Jon Cornish - (207) 633-9595
E-MAIL: Jon.Cornish@Maine.gov
* PUBLIC HEARINGS FOR THESE FOUR PROPOSALS: March 3, 2009, 6:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor. The public hearings will be held in numerical order starting with Ch. 13, followed by Ch. 25, 49 and 90. Each separate hearing will be held immediately upon the conclusion of the previous hearing. See separate rulemaking notices.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
HEARING FACILITIES: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR WRITTEN COMMENTS: March 13, 2009. To ensure consideration, comments must include your name and the organization you represent, if any. Be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
MAIL WRITTEN COMMENTS TO THE AGENCY RULE-MAKING LIAISON: DMR, attn: L. Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)
E-MAIL: Laurice.Churchill@Maine.gov


ADOPTIONS



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 801, Apportionment of Income
ADOPTED RULE NUMBER: 2009-47
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.
EFFECTIVE DATE: February 8, 2009
AGENCY CONTACT PERSON FOR THIS FILING: 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
OVERALL DEPARTMENTAL RULE-MAKING LIAISON: Domna.Giatas@Maine.gov



AGENCY: 02-392 - Department of Professional and Financial Regulation, Office of Licensing and Registration (OLR), Board of Pharmacy
CHAPTER NUMBER AND TITLE: Ch. 1 Section 8-A, Definitions; Ch. 33, Access to Certain Medications by Certified Midwives
ADOPTED RULE NUMBER: 2009-48 and 49
CONCISE SUMMARY: The adopted rules permit midwives certified by either of two recognized credentialing organizations to purchase a limited number of noncontrolled drugs and substances to administer to birthing mothers and newborns, and permit pharmacists to sell such noncontrolled drugs and substances to certified midwives. The rules require the pharmacist to verify the identity of the certified midwife and contain recordkeeping and reporting requirements.
EFFECTIVE DATE: February 9, 2009
AGENCY CONTACT PERSON FOR THIS FILING: Geraldine Betts, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8625
E-MAIL: Geraldine.L.Betts@Maine.gov
OVERALL OLR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov