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Home > Weekly Notices > October 27, 2010

October 27, 2010

WEEKLY NOTICES 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: 10-144 - Department of Health and Human Services (DHHS), Maine CDC, Children with Special Health Needs
CHAPTER NUMBER AND TITLE: Ch. 280, Rules Relating to the Maine Birth Defects Program
PROPOSED RULE NUMBER: 2010-P274
CONTACT PERSON FOR THIS FILING: Diane Haberman, DHHS, State House Station #11, Key Bank Plaza - 7th Floor, Augusta, ME 04333. Telephone: (207) 287-8424. E-mail: Diane.Haberman@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: Public Hearing not scheduled, one may be held if requested in writing by 5 or more people to Diane Haberman, Division of Family Health, Maine CDC, 11 State House Station, Augusta, ME 04333-0011
COMMENT DEADLINE: November 17th 2010
BRIEF SUMMARY: These rules would establish the responsibilities of hospital administrators, physicians and other health care providers with regard to the reporting of the presence of birth defects in infants and fetuses; the confidentiality requirements of the Maine Birth Defects Program; the nature of contact between the Maine Birth Defects Program and families of children with birth defects, the provision for parental objection to birth defect reporting or participation in the birth defect registry and the referral of cases from the Maine Birth Defects Program to related programs in the Maine Center for Disease Control and Prevention and Child Development Services. This amendment is to update the reportable birth defects listing and to update the nature of contact between the Maine Birth Defects Program and families of children with birth defects.
DETAILED BASIS STATEMENT / SUMMARY:
These Rules are adopted to define responsibilities related to the reporting of the presence of birth defects in infants and fetuses unless the infants’ parents object due to sincerely held religious beliefs and to the confidentiality requirements of the Maine Birth Defects Program. These Rules assure complete and accurate information is available to the Program to identify birth defects; their causes, risk factors and strategies for prevention and the provision of services
IMPACT ON MUNICIPALITIES OR COUNTIES: No financial impact on municipalities.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA c. 1687
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MAINE CDC RULE-MAKING LIAISON: Chris.Zukas-Lessard@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/boh/cshn/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 85, Saltwater Fishing Registry
PROPOSED RULE NUMBER: 2010-P275
CONCISE SUMMARY: The proposed regulations would finalize the new saltwater fishing registry by establishing rules for the selection of agents to register individuals who wish to engage in saltwater recreational fishing. These rules also describe in greater detail certain individuals who are exempt from registration; and establish a striped bass fishing endorsement required of persons who recreationally fish striped bass in saltwater. A copy of the entire proposed rulemaking is available online at: http://www.maine.gov/dmr/rulemaking/ A copy of the new statute is available online at: http://www.mainelegislature.org/legis/statutes/12/title12sec6312.html .
AGENCY CONTACT PERSONS: David Etnier or Deirdre Gilbert (tel: 207-624-6550)
STATUTORY AUTHORITY: 12 M.R.S. §6312
RULE TITLE OR SUBJECT: Ch. 42, Striped Bass
PROPOSED RULE NUMBER: 2010-P276
CONCISE SUMMARY: The proposed rulemaking on striped bass fishing would restrict the use to no more than two barbed or barbless treble hooks on artificial lure or flies, require circle hooks when using bait, add rules to eliminate high grading, clarify that the sale of wild striped bass in Maine is prohibited and that these rules apply when fishing in Maine territorial waters.
AGENCY CONTACT PERSON: Pat Keliher (207-287-9973)
STATUTORY AUTHORITY: 12 M.R.S. §6171
RULE TITLE OR SUBJECT: Ch. 43, Bluefish
PROPOSED RULE NUMBER: 2010-P277
CONCISE SUMMARY: The proposed rulemaking on Bluefish fishing would restrict use to no more than two barbed or barbless treble hooks on artificial lures or flies, require circle hooks when using bait, and clarify that these rules apply when fishing in Maine territorial waters.
AGENCY CONTACT PERSON: Pat Keliher (207-287-9973)
STATUTORY AUTHORITY: 12 M.R.S. §6171
RULE TITLE OR SUBJECT: Ch. 34.10, Maine Groundfish Management Plan, Amendment 16: Compliance Updates
PROPOSED RULE NUMBER: 2010-P278
CONCISE SUMMARY: The proposed rules would remove the 2-hook per line restriction and prohibit the landing of ocean pout, windowpane flounder and Atlantic wolffish for compliance and consistency with Amendment 16 and Framework 44 to the Northeast Multispecies Fishery Management Plan and NOAA Fisheries Service regulations.
AGENCY CONTACT PERSONS: Terry Stockwell (207-624-6553) or Laurice Churchill (207-633-9584)
STATUTORY AUTHORITY: 12 M.R.S. §6171
EACH proposed rulemaking is available online at: http://www.maine.gov/dmr/rulemaking/ .
PUBLIC HEARINGS:
November 15, 2010, 6 p.m., STATE FERRY TERMINAL (Conf Rm), 517A Main St, ROCKLAND; and
November 16, 2010, 7 p.m., COMMUNITY ROOM, Yarmouth Town Hall, 200 Main St, YARMOUTH
Public hearings for proposed rulemakings in Ch. 34, 42, 43 and 85 pertaining to groundfish, striped bass, bluefish and the new saltwater fishing registry respectively, will be held each night in chronological order with each hearing to begin immediately upon the conclusion of the previous hearing. See separate rulemaking notices.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: November 29, 2010. 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: 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 . 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 )DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 21, Home and Community Benefits for Adults with Intellectual Disabilities or Autistic Disorder
PROPOSED RULE NUMBER: 2010-P279
CONCISE SUMMARY: The proposed rule will permanently adopt a major substantive emergency rule that took effect 10/1/10. The emergency rule established new rates The Department is proposing to permanently adopt new rates for Shared Living Providers pursuant to PL 2009, Ch 571 §§ A-25, A-26, and CCCC-3 that were put into effect via emergency rule effective 10/1/10. The Department is also making technical changes to the rule to remove procedure codes that were effective for MECMS, the payment system that was effective prior to 9/1/10.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173, PL 2009, Ch 571 §§ A-25, A-26, and CCCC-3
PUBLIC HEARING: November 15, 2010, 1:00-3:00 p.m., Conference Room 1A&B, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed above before November 1, 2010.
COMMENT DEADLINE: Midnight, Thursday, November 25, 2010
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Ginger.Roberts-Scott@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 100, Definitions Regulation - Amendments
PROPOSED RULE NUMBER: 2010-P280
CONTACT PERSON FOR THIS FILING: Mike Karagiannes, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-2437. Fax: (207) 287-7641. E-mail: Mike.Karagiannes@maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: A public hearing is scheduled for 9:00 a.m. on November 18, 2010.
COMMENT DEADLINE: November 29, 2010, 5:00 p.m.
BRIEF SUMMARY: The Department is proposing to amend its Ch. 100, Definitions Regulations, by adding definitions of greenhouse gases and CO2 equivalent emissions, thereby allowing Maine to implement its major source licensing program for greenhouse gases. These proposed amendments include updating the Department’s definitions to include greenhouse gases (GHGs). The following gases, both individually and collectively: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride are defined as greenhouse gases. These gases have been similarly listed in federal regulation at 40 CFR Part 51.
Copies of this proposal are available upon request by contacting the Agency contact person listed below or on the DEP website at www.state.me.us/dep/air/regulations/proposed.htm .
Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person listed above before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule should have no impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: not applicable
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 425, Asbestos Management Regulations
PROPOSED RULE NUMBER: 2010-P281
CONTACT PERSON: Jamie Tansey, DEP-BRWM, 17 State House Station, Augusta ME 04333. Telephone: (207) 287-7722. Fax: (207) 287-6220. E-mail: Jamie.Tansey@Maine.gov
PUBLIC HEARING: 9:30 am, November 18, 2010, The Elks Lodge, 397 Civic Center Dr, Augusta, ME
COMMENT DEADLINE: November 29, 2010. Comments may be submitted by mail, e-mail or fax. Include your name and the organization you represent, if any.
SUMMARY: The Department is proposing revisions to Ch. 425 to simplify and clarify the rule, to promote the use of “risk-based” standards to regulate asbestos more effectively in areas of greatest risk for exposure, and to integrate changes to standard industry practice that have evolved over the past 6 years. The proposed rules can be viewed and downloaded from: http://www.maine.gov/dep/rwm/asbestos/index.htm .
IMPACT ON MUNICIPALITIES OR COUNTIES: The rules are not expected to have fiscal implications for municipalities or counties.
STATUTORY AUTHORITY: 38 MRSA §1274-A, §1275 and §1280
SUBSTANTIVE STATE LAW BEING IMPLEMENTED: Asbestos, 38 MRS §§ 1271 through 1284
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov



AGENCY: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 882, Designation of Bisphenol A as a Priority Chemical and Regulation of Bisphenol A in Children’s Products
PROPOSED RULE NUMBER: 2010-P282
CONTACT PERSON FOR THIS FILING: Andrea Lani, Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-5902. Fax: (207) 287-7826. E-mail: Andrea.Lani@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: additional written public comment
COMMENT DEADLINE: November 17, 2010 . Comments may be submitted by mail, e-mail or fax to the contact person listed above. To ensure the comments are considered, they must include your name and the organization you represent, if any. A copy of the proposed rule is available upon request from the contact above or on the DEP website at www.maine.gov/dep/oc/safechem/ .
BRIEF SUMMARY: The Board of Environmental Protection (BEP) held a hearing on the Department’s proposed Ch. 882 Designation of Bisphenol A as a Priority Chemical and Regulation of Bisphenol A in Children’s Products on August 19, 2010. Based on comments received, the BEP held a workshop on the proposed rule on October 7, 2010. At that workshop, the BEP recommended that the Department add to the proposed rule a requirement that manufacturers of baby food and infant formula sold in containers that contain intentionally-added bisphenol A conduct an alternatives assessment. This revision is substantively different from the proposal that was the subject of the August hearing and requires an additional comment period. The Department is seeking comment on the proposed alternatives assessment language in section 4(A)(B) of the proposed rule.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 1691 through 1699-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov


ADOPTIONS



AGENCY: 02 - Department of Professional and Financial Regulation (P&FR):
029, Bureau of Financial Institutions, and
030, Bureau of Consumer Credit Protection
CHAPTER NUMBER AND TITLE:
Ch. 240, Bureau of Consumer Credit Protection
Ch. 138, Bureau of Financial Institutions
ADOPTED RULE NUMBER: 2010-497, 498
CONCISE SUMMARY: This rule was originally promulgated in 1981 and re-promulgated in 1986, 1989, 1992, 1997, 1998 and 2002 and 2010 with (with an effective date of August 1, 2010). This joint re-promulgation, which repeals and replaces both Bureau of Financial Institution Rules, Ch. 138, and Bureau of Consumer Credit Protection Rules, Ch. 240, adopts the latest federal Truth-in-Lending regulations (the “phase 3” credit card rules) by reference so as to implement Article VIII of the Maine Consumer Credit Code.
EFFECTIVE DATE: January 19, 2011
AGENCY CONTACT PERSON: Christian D. Van Dyck, Attorney, Bureau of Financial Institutions and Bureau of Consumer Credit Protection 36 State House Station, Augusta, ME 04333-0036. Telephone: (207) 624-8574. E-mail: Christian.D.VanDyck@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/financialinstitutions/



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 40, Home Health Services
ADOPTED RULE NUMBER: 2010-499
CONCISE SUMMARY: In order to assure Home Health providers are being paid at the correct rate of reimbursement for the “Administration of oral, intramuscular and/or subcutaneous medication by health care agency/professional, per visit” (0551/T1502), the Department is amending Ch. III Section 40 to reflect a corrected rate of $84.95 per visit. This emergency rule also amends Chapter II to include language specifying that providers will be reimbursed for a set rate regardless of the length of the visit.
This is a change to a major substantive rule and it will not be permanently adopted until it has been approved by the Legislature.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
EFFECTIVE DATE: October 18, 2010
AGENCY CONTACT PERSON: Amy MacMillan, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Amy.MacMillan@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 01-017 - Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE:
Ch. 1, Administration: Section 1, Definitions, Sub-section 57-A and Sub-section 20-B;
Section 9, Sulky Approval, Sub-section 9
ADOPTED RULE NUMBER: 2010-500
CONCISE SUMMARY The rule change in Section 1, Subsection 57-A provides for a definition of Out-of-Competition Testing. The rule change in Section 1, Sub-section 20-B provides for a clarification that any prohibited substance introduced into a horse is a violation of the rules. And, the rule change in Section 9 requires that mud fenders shall not protrude in a way that would interfere with trailing horses.
CHAPTER NUMBER AND TITLE:
Ch. 17, Rule Violations, Penalties: Section 2, Maximum Penalties
ADOPTED RULE NUMBER: 2010-501
CONCISE SUMMARY: The rule changes the minimum and maximum penalties that may be imposed for the various levels of violations.
EFFECTIVE DATE: October 25, 2010
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 .
WEBSITE: http://www.maine.gov/agriculture/hrc/index.html



AGENCY: 29-250 - Secretary of State, Bureau of Corporations, Elections and Commissions (CEC)
CHAPTER NUMBER AND TITLE: Ch. 525, Rules for Administering the Central Issuance and Processing of UOCAVA Absentee Ballots
ADOPTED RULE NUMBER: 2010-502 (EMERGENCY)
CONCISE SUMMARY: In order to comply with the federal Military and Overseas Voter Empowerment Act (“MOVE Act”) and facilitate voting by uniformed service voters and overseas voters, legislation was enacted authorizing the Secretary of State to centrally issue, receive and count absentee ballots for uniformed service voters and overseas voters. The Secretary of State is adopting emergency rules governing the central issuance and processing of absentee ballots, including processes to provide for the examination, counting and storage of ballots in the same manner as regular absentee ballots that are issued by municipal election officials for the November 2, 2010 General/Referendum Election.
EFFECTIVE DATE: October 25, 2010
AGENCY CONTACT PERSON: Melissa K. Packard, Director of Elections, Department of the Secretary of State, Corporations, Elections and Commissions, 101 State House Station, Augusta, Maine 04333. Telephone: (207) 624-7650. E-mail: Melissa.Packard@Maine.gov .
WEBSITE: http://www.maine.gov/sos/cec/index.html
CEC RULE-MAKING LIAISON: Julie.Flynn@Maine.gov