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Home > Weekly Newspaper Notices > March 25, 2009

March 25, 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. 24, Importation of Live Marine Organisms
PROPOSED RULE NUMBER: 2009-P50
CONCISE SUMMARY:  The proposed regulations would establish and update health inspection rules for marine fish, including but not limited to Gadids and Pleuronictids, similar to the established rules for salmonids.  The entire chapter would be renumbered throughout for consistency.  Select this link for the current copy of Chapter 24:  http://www.maine.gov/sos/cec/rules/13/188/188c024.doc
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  12 MRSA §6071
PUBLIC HEARING:  Monday, April 13, 2009, 1:00 pm, Eastern Maine Community College, 354 Hogan Road, Rangeley Hall, Room 501-B, Bangor.  For directions select this link:  http://www.emcc.edu/contentpreview.aspx?id=496
DEADLINE FOR COMMENTS:  April 23, 2009.  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.
AGENCY CONTACT PERSONS:  Marcy Nelson (207) 633-9502 or Laurice Churchill (207) 633-9584, Department of Marine Resources, Attn:  L. Churchill, P.O. Box 8, West Boothbay Harbor, Maine  04575-0008
WEB SITE:  http://www.maine.gov/dmr/rulmaking/
E-MAIL:  laurice.churchill@maine.gov
FAX:  (207) 633-9579
TTY:  (207) 633-9500 (Deaf/Hard of Hearing)Hearing facilities:  If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578


AGENCY: 10-144 – Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT:  MaineCare Benefits Manual, Chapters II & III, Section 45, Hospital Services
PROPOSED RULE NUMBER: 2009-P51
CONCISE SUMMARY:  This proposed rule comports with the federal Medicaid outpatient hospital regulation, [73 Fed. Reg. 66,198 (2008), (codified at 42 C.F.R. Part 440 §440.20) (published Nov. 7, 2008)], the Department is proposing to amend Chapter II, Section 45 to require that hospitals bill separately for facility costs and professional costs by July 1, 2009.  Chapter III, Section 45 clarifies and revises reporting requirements and defines the MaineCare Supplemental Data Form; and clarifies that crossover payments are made to the extent required by CMS.  Chapter III also increases the supplemental pool to be distributed among non-critical access hospitals from approximately $36 to $45 million and counts 50% of the psychiatric discharges when distributing the pool; increases the pool for the critical access hospital from $2 to 3.5 million; modifies the PIP cap to approximately 81%;  creates a separate section for Hospitals Reclassified to a Wage Area Outside Maine by the Medicare Geographic Classification Review Board and limits reimbursement under that section to hospitals reclassified prior to the effective date of the rule; revises sections 45.03, 45.04, 45.05 and 45.06  to separate the calculation of the PIP from the calculation of the Department's obligation at settlement, establishes base discharge rates for acute care non-critical access hospitals (Franklin Memorial hospital services rate was changed due to a revision made to the base year report) and removes outdated material.  Several provisions of this proposed rulemaking have a retroactive effective date of 10/1/08.  Pursuant to 22 M.R.S.A. Sec. 42(8), the Department is authorized to adopt rules with retroactive application when, as here, it is necessary to maximize available revenue sources, and there is no adverse financial impact on any MaineCare provider or member.

These rules will permanently adopt emergency rules, effective February 21, 2009, that reduce hospital-based physician reimbursement to 46.21% of costs, which is the closest to 70% of the Medicare fee schedule that the Department could fund with the resources used for physician reimbursement, as adjusted by the Supplemental Budget, which reduced reimbursement by $1,947,490 of state dollars.  A percentage of costs is being used to calculate 70% of the Medicare fee schedule absent claims based data. Effective July 1, 2009, the Department will calculate hospital-based physician reimbursement from Medicare fee schedule.  Prospective Interim Payments (PIP) will be lowered in an amount corresponding to the anticipated hospital-based physician payment reimbursements, which are paid separately and not paid as part of PIP.  Permanent adoption of this methodology change will be contingent upon approval by the U.S. Centers for Medicare and Medicaid Services (CMS).
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:  April 13, 2009, 1:00 pm, Conference Room #3, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME  04333-0011
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before Thursday, April 9, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight April 23, 2009.
AGENCY CONTACT PERSON:  Bob Kohl, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine  04333-0011
TELEPHONE:  (207) 287-6124
FAX:  (207) 287-9369
TTY:  (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)



ADOPTIONS


AGENCY:  16-219 – Office of the State Fire Marshal
CHAPTER NUMBER AND TITLE:  Ch. 5, Portable Fire Extinguishers
ADOPTED RULE NUMBER:  2009-103
CONCISE SUMMARY:  Chapter 5 incorporates National Fire Protection Association (NFPA) standard #10, Standard for Portable Fire Extinguisher, 2007 edition.  The NFPA has revised this standard.  This rule incorporates those revisions.
CHAPTER NUMBER AND TITLE:  Ch. 6, Fire Extinguishing Systems
ADOPTED RULE NUMBER: 2009-104
CONCISE SUMMARY:  Chapter 6 establishes the rules and regulations for the installation, operation, maintenance and all other aspects of fire protection systems for occupancies that require such fire protection measures.  It incorporates by reference the applicable standards of the National Fire Protection Association (NFPA).  This rule incorporates the following NFPA standards and codes:
NFPA #12, Standard on Carbon Dioxide Extinguishing Systems, 2008 edition
NFPA #18, Standard on Wetting Agents, 2006 edition
NFPA #2001, Standard on Clean Agent Fire Extinguishing Systems, 2008 edition
CHAPTER NUMBER AND TITLE:  Ch. 7, Dry Cleaning Plants
ADOPTED RULE NUMBER:  2009-105
CONCISE SUMMARY:  Chapter 7 incorporates NFPA #32, Standard for Dry Cleaning Plants, 2007 edition, pertinent to the prevention, protection from, and control of fire and explosion hazards incident to dry cleaning operations for all employees and the public.  This rule incorporates the most recent 2007 edition.
CHAPTER NUMBER AND TITLE:  Ch. 8. Spray Applications
ADOPTED RULE NUMBER:  2009-106
CONCISE SUMMARY:  This rule incorporates by reference National Fire Protection Association standard #33, Standard for Spray Application Using Flammable or Combustible Materials, 2007 edition.
CHAPTER NUMBER AND TITLE:  Ch. 9, Dip Tanks
ADOPTED RULE NUMBER:  2009-107
CONCISE SUMMARY:  This rule incorporates by reference National Fire Protection Association standard #34, Standard for Dipping and Coating Processes Using Flammable or Combustible Liquids, 2007 edition.
CHAPTER NUMBER AND TITLE:  Ch. 10, Stationary Combustion Engines and Gas Turbines
ADOPTED RULE NUMBER:  2009-108
CONCISE SUMMARY:  This rule is an agency incorporation by reference of the National Fire Protection Association Standard #37, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines, 2006 edition. 
CHAPTER NUMBER AND TITLE:  Ch. 13, Welding, Cutting and Allied Processes and
Acetylene Charging Plants
ADOPTED RULE NUMBER:  2009-109
CONCISE SUMMARY: This rule is proposed to update the following incorporated National Fire Protection Association standards to the latest edition available:
NFPA #51, Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting, and Allied Processes, 2007 edition        
NFPA #51A, Standard for Acetylene Cylinder Charging Plants, 2003edition
CHAPTER NUMBER AND TITLE:  Ch. 16, Storage and Handling of Liquified Petroleum Gasses
ADOPTED RULE NUMBER:  2009-110
CONCISE SUMMARY:  This rule prescribes safeguards intended to safely store, handle, transport, and use LP-Gas.  In addition, this chapter prescribes safe design, construction, location, installation, operation, and maintenance features of refrigerated and non-refrigerated utility gas plants.  Each code is being updated to the most recent edition.  The rule incorporates by reference National Fire Protection Association (NFPA) standards:
NFPA #58, Liquefied Petroleum Gas Code, 2008 edition, and
NFPA #59, Utility LP-Gas Plant Code, 2008 edition.
CHAPTER NUMBER AND TITLE:  Ch. 19, Vapor Removal From Cooking Equipment
ADOPTED RULE NUMBER:  2009-111
CONCISE SUMMARY: Chapter 19 incorporates National Fire Protection Association (NFPA) #96, Standard for the Ventilation Control and Fire Protection of Commercial Cooking Operations, 2008 edition.  This standard provides the minimum fire safety requirements (preventative and operative) related to the design, installation, operation, inspection, and maintenance of commercial/public and private cooking operations.  This rule updates the standard to the latest edition.
CHAPTER NUMBER AND TITLE:  Ch. 21,  Tents, Grandstands and Air Supported Structures for Places of Assembly
ADOPTED RULE NUMBER:  2009-112
CONCISE SUMMARY: Chapter 21 incorporates National Fire Protection Association (NFPA) #102, Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures, 2006 edition.  This standard addresses the construction, provides the minimum fire safety requirements (preventative and operative) related to the design, installation, operation, inspection, and maintenance of commercial/public and private cooking operations.  This rule updates the standard to the latest edition.
CHAPTER NUMBER AND TITLE:  Ch. 23, Purged and Pressurized Enclosures for Electrical Equipment
ADOPTED RULE NUMBER:  2009-113
CONCISE SUMMARY: This rule is an agency incorporation by reference of the National Fire Protection Association Standard #496, Standard for Purged and Pressurized Enclosures for Electrical Equipment, 2008 edition.   This rule applies to purging and pressurizing enclosures containing electrical equipment such as control and analyzer rooms or buildings which are classified as hazardous or non-classified but containing sources of flammable vapors or gasses.
CHAPTER NUMBER AND TITLE:  Ch. 25, Rules for the Display of Fireworks
ADOPTED RULE NUMBER:  2009-114
CONCISE SUMMARY:  This rule applies to the design, construction and limitation of model rocket propellant mass and power, reliability of rocket motors and reloading kits and their components.  The rule also provides minimum requirements for outdoor fireworks displays and establishes reasonable minimum fire and life safety requirements for the manufacture, transportation, and storage of fireworks, pyrotechnic articles and any components thereof containing pyrotechnic or explosive compositions as well as the distribution and retail sales of consumer fireworks.   Chapter 25 incorporates by reference National Fire Protection Association (NFPA) Codes:
#1122, Code for Model Rocketry, 2008 edition
#1123, Code for Fireworks Display, 2006 edition
#1124, Code for the Manufacture, Transportation, and Storage of Fireworks and
Pyrotechnic Articles, 2006 edition
CHAPTER NUMBER AND TITLE:  Ch. 34, Rules and Regulations for Flammable and Combustible Liquids
ADOPTED RULE NUMBER:  2009-115
CONCISE SUMMARY:   Chapter 34 establishes minimum standards for the safe storage, possession, handling, dispensing and transportation of flammable and combustible liquids (including waste liquids).  The rule also applies to motor fuel dispensing facilities; marine motor fuel dispensing facilities and fuel dispensing facilities located inside buildings, at fleet vehicle motor fuel facilities, and at farms, isolated construction sites and repair garages. This rule is an agency incorporation of the following National Fire Protection Association (NFPA) Codes:
NFPA #30, Flammable and Combustible Liquids Code, 2008 edition
NFPA #30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2008 edition
EFFECTIVE DATE:  March 17, 2009
AGENCY CONTACT PERSON/RULE-MAKING LIAISON:  Richard E. Taylor, Senior Research and Planning Analyst, Office of State Fire Marshal, 52 State House Station, Augusta, Maine 04333-0052
TELEPHONE:  (207) 626-3873
EMAIL:  richard.e.taylor@maine.gov


AGENCY:  10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE:  Ch. 101, MaineCare Benefits Manual, Chapters II & III, Section 29, Community Support Benefits for members with Mental Retardation and Autistic Disorder
ADOPTED RULE NUMBER:  2009-116
CONCISE SUMMARY:  The final rule adopts emergency rules that were put in to place on 1/1/09.  The final rule reduces reimbursement for Community Support, Employment Specialist Services and Work Support with Medical Add On.  The final rule also eliminates Behavioral Add On.
EFFECTIVE DATE:  March 29, 2009
CHAPTER NUMBER AND TITLE:  Ch. 101, MaineCare Benefits Manual, Chapter II, Section 21, Home and Community Benefits for members with Mental Retardation or Autistic Disorder
ADOPTED RULE NUMBER:  2009-117
CONCISE SUMMARY:  The adopted rule eliminates Behavioral Add On from the rule and reduces the rates for Home Support and Community Support with Medical Add On,  Employment Specialist Services with Medical Add On and Work Support with Medical Add On.  Additionally, the rule creates an added level of support for Home Support Shared Living and Home Support Family Centered Support.  Lastly, Intensive Family Centered Support was eliminated as a type of Home Support.
See  http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE:  March 29, 2009
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Division of Policy and Performance Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE:  (207) 287-9365; FAX: (207) 287-9369; TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
EMAIL: ginger.roberts-scott@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY:  26-239 – Office of the Attorney General
CHAPTER NUMBER AND TITLE:  Ch. 10, Rules for Exemptions to the Ban on Flavored Cigarettes and Cigars
ADOPTED RULE NUMBER: 2009-118
CONCISE SUMMARY:  This chapter describes the procedures under which tobacco manufacturers may file statements for flavored cigarette or cigar products first on the market prior to January 1, 1985 and for the verification of those statements.  This chapter also describes the procedures and criteria tobacco manufacturers must meet to be entitled to an exemption from the flavored cigarette and flavored cigar ban for those flavored products first on the market after January 1, 1985.  Pursuant to 22 M.R.S.A. §1560-D, the Office of the Attorney General is responsible for administering the exemptions to the ban on flavored cigarettes and cigars, and for promulgating these Rules.
P.L. 2007 Chapter 612, effective April 14, 2008, incorporates changes in the governing statute that require these Rules be amended.  The Department is proceeding with the authorized emergency rulemaking to amend these Rules to conform with the changes to 22 M.R.S.A. §1560-D, sub-§5.
EFFECTIVE DATE:   April 18, 2009
AGENCY CONTACT PERSON:  John Archard, Office of the Attorney General, 6 State House Station, Augusta, ME 04333-0006
TELEPHONE:  (207) 626-8837
EMAIL:  john.archard@maine.gov

E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: linda.pistner@maine.gov


AGENCY:  09-137, Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE:  Ch. 13, Watercraft Regulations
ADOPTED RULE NUMBER: 2009-119
CONCISE SUMMARY:  The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing a motor-size restriction on Beaver Pond, located in Denmark, Oxford County.  Motorboats with more than 10 horsepower will be prohibited on this body of water.
CHAPTER NUMBER AND TITLE:  Ch. 14, Commercial Whitewater Rafting
ADOPTED RULE NUMBER: 2009-120
CONCISE SUMMARY:  The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing the order of launch for 2009 and removing 2 Sundays on the West Branch of the Penobscot that are allocated days (the 2nd Sunday in July and the 4th Sunday in August).  In addition, the rule authorizes the Department to allocate additional days if recreational use limits will be reached.
STATUTORY AUTHORITY:  12 MRSA, Sections 12909, 12910, 12913
CHAPTER NUMBER AND TITLE:  Ch. 1, Open Water and Ice Fishing Regulations
ADOPTED RULE NUMBER: 2009-121
CONCISE SUMMARY:  The Department of Inland Fisheries & Wildlife has adopted regulation changes in an effort to simplify and consolidate open water and ice fishing regulations beginning in 2010 when the open water and ice fishing regulations will be combined into one book to be produced every 2 years.  Other changes resulting from public petition or staff recommendation take effect upon adoption.  Regulations are available on the Department’s website or by contacting the Agency Contact Person listed below.
EFFECTIVE DATE:  March 23, 2009
AGENCY CONTACT PERSON/RULE-MAKING LIAISON:  Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE:  (207) 287-5201
EMAIL:  andrea.erskine@maine.gov


AGENCY:  01-001 – Maine Department of Agriculture, Food, & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 346, Rules Governing Meat and Poultry Inspection and Licensing
ADOPTED RULE NUMBER:  2009-122 (emergency)
CONCISE SUMMARY:  For the purpose of Chapter 346, the 2009 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 Chapter 346 amends the rule to reference the federally amended 2009 version of the previously adopted parts of 9 CFR, Parts 300 to End, specifically 9 CFR 309.3(e).
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; 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:  March 18, 2009
AGENCY CONTACT PERSON:  Hal Prince, Director, Division of Quality Assurance and Regulations, 28 State House Station, Augusta, ME 04333
TELEPHONE:  (207) 287-3841
EMAIL:  harold.c.prince@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIASON: ned.r.porter@maine.gov


AGENCY:  12-597 – Maine Department of Labor, Bureau of Employment Services
CHAPTER NUMBER AND TITLE:  Ch. 2, The Competitive Skills Scholarship Program
ADOPTED RULE NUMBER:  2009-123
CONCISE SUMMARY:  The proposed changes to the rule respond to the overwhelming demand for CSSP.  They propose to change the application process to one that takes all applications during a defined time period, screens for initial eligibility, then randomly selects among those initially eligible applicants according to the number of spaces available in the program.  The proposed changes also eliminate the use of auto repair funds for vehicle purchases and reduce the financial limit for the purchase of a computer.  For new enrollees, the proposed rule would reduce by half the amount of the stipend available to part-time participants and would limit to two the number of people per household eligible for the stipend.
EFFECTIVE DATE:  March 25, 2009
AGENCY CONTACT PERSON:  Auta Main, Maine Department of Labor, 55 State House Station, Augusta, ME 04333
TELEPHONE:  (207) 623-7975
EMAIL: auta.m.main@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: adam.c.fisher@maine.gov