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Home > Weekly Rule-making Notices > July 18, 2012

July 18, 2012

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: 02-041 - Department of Professional and Financial Regulation (P&FR), Office of Professional and Occupational Regulation (OPOR)
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2012-P149
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jeffrey Frankel, Staff Attorney, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8615. E-mail: Jeffrey.M.Frankel@Maine.gov .
PUBLIC HEARING: August 6, 2012, 2:00 p.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: August 16, 2012
BRIEF SUMMARY: The Office of Professional and Occupational Regulation (“OPOR”) proposes to: (1) eliminate all application fees for licenses issued by the barbering and cosmetology program; (2) eliminate license fees for barbering and cosmetology trainees and students; (3) lower fees for all licenses issued by the barbering and cosmetology program to cosmetologists, barbers, limited barbers, manicurists, aestheticians, instructors, demonstrators, temporary workers, establishments, booths and mobile shops; (4) create a new license fee for off-site (satellite) classrooms that are part of a barbering or cosmetology school; (5) clarify that a separate license fee is payable upon a change of location or change of ownership of a barbering or cosmetology establishment, booth, mobile shop, school, branch school or off-site satellite classroom; (6) change the license fee for occupational therapists from $80 for a 2-year license to $40 for a 1-year license, and (7) change the license fee for occupational therapy assistants from $70 for a 2-year license to $35 for a 1-year license. The proposed rule, which shows these fee changes in detail, may be downloaded from OPOR’s web site at www.maine.gov/professionallicensing .
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §8003(2-A)(D); 32 MRSA §2285; 32 MRSA §14238
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/professionallicensing/index.shtml .
AGENCY RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .



AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 395, Construction Standards, Ownership and Cost Allocation, and Customer Charges Rules for Electric Distribution Line Extensions (formerly Construction Standards, and Ownership and Cost Allocation Rules for Electric Distribution Line Extensions)
PROPOSED RULE NUMBER: 2012-P150
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Mitch Tannenbaum, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1391. E-mail: Mitchell.Tannenbaum@Maine.gov .
PUBLIC HEARING: August 8, 2012, 1:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: August 22, 2012. However, the Commission requests that comments be filed by August 3, 2012, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after hearing. Written comments should refer to the docket number of this proceeding, Docket. No. 2012-313, and be sent to the Administrative Director, Public Utilities Commission, 18 State House Station, Augusta, ME 04333.
BRIEF SUMMARY: The PUC initiates a rulemaking proceeding to consider rule provisions for the development of line extension charges for large transmission and distribution (T&D) utilities as directed by the Legislature. We propose to add these provisions to our existing rule and have also modified the title of the Rule to reflect the inclusion of customer line extension charge provisions - Construction Standards, Ownership and Cost Allocation, and Customer Charges Rules for Electric Distribution Line Extensions (Ch. 395).
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 111, 314, 315
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .


ADOPTIONS


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 880, Regulation of Chemical Use in Children’s Products
ADOPTED RULE NUMBER: 2012-195
CONCISE SUMMARY: Ch. 880 identifies the process by which the Department will classify chemicals of high concern, from which priority chemicals are designated for regulatory scrutiny, and details how the Department will go about collecting information from manufacturers on the use of priority chemicals in children’s products. Changes to the underlying statute enacted by PL 2011, c. 319 [An Act to Provide the DEP with Regulatory Flexibility Regarding the Listing of Priority Chemicals, LD 1129, 125th Legislature], necessitate the amendments proposed to the existing rule Ch. 880. Amendments to Ch. 880 add specificity to the designation of chemicals of high concern by identifying criteria that include chemical presence in consumer products used or present in the home, biomonitoring studies, and analysis of the indoor home environment.
EFFECTIVE DATE: July 21, 2012
AGENCY CONTACT PERSON: Kerri Malinowski, Maine Department of Environmental Protection, 17 State House Station, Augusta, Me 04330-0017. Telephone: (207) 215-1894. Fax: (207) 287-3435. E-mail: Kerri.Malinowski@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab:
Ch. 25.97, Management Framework for Island Limited Entry Program;
Ch. 25.95, Monhegan Island Area Lobster Trap Regulation
ADOPTED RULE NUMBER: 2012-196
CONCISE SUMMARY: The rule establishes an island limited-entry program for Chebeague Island, Cliff Island and the Cranberry Isles in accordance with 12 MRS §6449 in order to maintain a number of licenses appropriate for the needs of their island community and the local lobster resource. Chebeague Island, Cliff Island and the Cranberry Isles have held island limited-entry referendums on each of their islands. All three islands obtained the approval of two-thirds of those voting in the referendum to propose an island limited-entry program. This rule would set the number of island resident lobster licenses for Chebeague Island at 31 licenses, Cliff Island at 12 licenses and the Cranberry Isles at 23 licenses.
This rule also eliminates the Monhegan Island Apprenticeship Program in accordance with PL 2011 c. 486. License applicants wishing to enter the Monhegan Island limited entry program would need to meet the requirements of the existing apprentice program under Ch. 25.96 in order to become eligible for a Class I, II, or III lobster and crab fishing license under 12 M.R.S. §6421. This rule also increases the trap limit in accordance with PL 2011 c. 486 from 300 traps to 400 traps per individual registered to obtain Monhegan Lobster Conservation Area trap tags under section 6474. This rulemaking adds Monhegan Island as one of the eligible islands for the Island Limited Entry program under the definition of “Year-round island community”.
CHAPTER NUMBER AND TITLE:
Ch. 26, Sea Urchin Regulations and 2012-2013 Harvesting Season, Zone 1;
Ch. 8.20(p), Landings Program, Harvester Reporting
ADOPTED RULE NUMBER: 2012-197, 198
CONCISE SUMMARY: For purposes of conservation, pursuant to 12 M.R.S. §6171, §6171-A and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 during the 2012-2013 season. A 15 day season is set for divers, trappers, rakers and draggers in 2012-2013, which was 5 days longer than the length of the season in 2011-2012. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers will have a choice of fishing 15 days in September or 15 days in December; and draggers in December or January. In addition, a clarification on the regulation pertaining to tagging is included to assist with enforcement as well as the continuation of the Zone 1 Harvester Logbook. Also, this rulemaking continues the Zone 1 Harvester Logbook for another 2 years.
CHAPTER NUMBER AND TITLE: Ch. 26, Sea Urchin Regulations and 2012-2013 Harvesting Season, Zone 2 Option B
ADOPTED RULE NUMBER: 2012-199
CONCISE SUMMARY: This rule establishes the 2012-2013 Zone 2 sea urchin harvesting season. The most recent scientific information for this fishery indicates that a decrease in fishing mortality is necessary due to a continued drop in sea urchin biomass in this zone. The Department worked with the Sea Urchin Zone Council to develop 2 different options for the season intended to achieve a decrease in fishing mortality on the sea urchin biomass. For purposes of conservation pursuant to 12 M.R.S. §6171, §6171-A, and §6749, this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 during the 2012-2013 season. Two options were using one of two options chosen by the Department after consideration of public comment; Option A) a 45 day season that originally included a ten (10) tote daily limit for divers, trappers, rakers and draggers, and includes “culling on bottom” for divers by creating a tolerance for undersize urchins. This proposal was then reduced to an eight (8) tote daily limit after the most recent survey observations and landings data indicated a continued downward trend in the status of the resource; or Option B) a 36 day season that includes “culling on bottom” for divers by creating a tolerance for undersize urchins. Divers, rakers, trappers, and draggers will have a choice of fishing an early or late season. In addition, a clarification on the regulation pertaining to tagging is included to assist with enforcement. This adopted rule pertains to Option B; the second option, Option A, was proposed in a separate concurrent rulemaking proceeding and was not approved by the Marine Resources Advisory Council.
CHAPTER NUMBER AND TITLE: Ch. 34.10(1)(B), Maine Groundfish Management Plan: Size, Possession and Gear Restrictions; Recreational cod and pollock size and limit adjustments
ADOPTED RULE NUMBER: 2012-200
CONCISE SUMMARY: In accordance with the New England Fisheries Management Council, Amendment 13 to the NE Multispecies Fishery Management Plan biennial adjustment process, and for consistency with the National Marine Fisheries Service federal regulations effective May 1, 2012, the Department has adopted for all persons aboard charter, party and recreational fishing vessels operating in state waters the following amendments to Ch. 34.10(1)(B): a decrease in the minimum size of cod fish from 24 inches to 19 inches and a decrease in the daily per-angler possession limit of cod from 10 to 9. These rules are designed to reduce the Gulf of Maine cod catch by recreational fishermen. The lower catch limit is needed because the GOM cod stock is now smaller than previously believed. Reducing the minimum cod size will allow anglers to catch fewer fish to reach their nine fish possession limit while at the same time reduce the number of discarded fish (now assumed to all die). Also, the amended rule increases the daily amount of pollock less than 19 inches that will be allowed to be taken from six (6) to twelve (12). This fishery is healthier than it has previously been and can withstand this increase.
AGENCY CONTACT PERSON FOR THIS RULE CHAPTER: Terry Stockwell: (207) 624-6562). See below for additional contact information.
CHAPTER NUMBER AND TITLE: Ch. 37.09, Freshwater Fish Regulations; Bass tournament permits in Maine Coastal Waters
ADOPTED RULE NUMBER: 2012-201
CONCISE SUMMARY: The rulemaking would require a person or organization who conducts a bass tournament or fishing derby for freshwater species in the coastal waters of the state to obtain a permit issued by Inland Fisheries and Wildlife as outlined in 12 M.R.S. §12505. Approved permits for Maine coastal waters will be provided to the Maine Marine Patrol Division Office holding jurisdiction over the tournament/derby location.
CHAPTER NUMBER AND TITLE: Ch. 41.30, Menhaden Pilot Program
ADOPTED RULE NUMBER: 2012-202
CONCISE SUMMARY: This rule makes permanent the Menhaden Pilot Program as outlined in DMR regulations Ch. 41.30 by eliminating the sunset expiration clause of June 1, 2012. This program is made permanent as it has been deemed successful by the menhaden industry and the DMR. The program is a combination of options originally set forth by both the Department and those from the menhaden industry considered necessary as a precautionary approach to conserve the fishery due to increasing pressure on bait fisheries.
AGENCY CONTACT PERSON FOR THIS RULE CHAPTER: Terry Stockwell: (207) 624-6562). See below for additional contact information.
CHAPTER NUMBER AND TITLE: Ch. 55, Gear Restrictions
ADOPTED RULE NUMBER: 2012-203
CONCISE SUMMARY: This rule makes a number of minor changes to Ch. 55 Gear Restrictions. Among them, this rule deletes obsolete rules such as fishing in Sherman Lake in Newcastle, the use of purse and drag seines in Sargentville Harbor, and the use of beam trawls in Sedgwick Harbor. Certain location descriptions, conditions and restricted fishing areas are also clarified. The rule also deletes redundant language with regard to violations and restrictions. It also allows the taking of elvers by hand dip net in the Kennebec River above the Gardiner/Randolph bridge. Finally, a new section has been developed that clarifies the distance for which fishing is prohibited in the vicinity of the Saco River fishway.
CHAPTER NUMBER AND TITLE: Ch. 90.20(1), Conservation Areas, Hancock County, Taunton Bay Management Area (Hancock, Sullivan, and Franklin)
ADOPTED RULE NUMBER: 2012-204
CONCISE SUMMARY: This rulemaking reinstates a simplified version of the Taunton Bay Management Plan that expired December 21 , 2010. This would continue to allow hand harvest of mussels, scallops, urchins, and kelp, and controlled bottom dragging for mussels and on aquaculture leases. These measures are intended to provide continued protection and conservation of the Taunton Bay ecosystem while allowing for harvest of valuable marine resources.
EFFECTIVE DATE: July 23, 2012
AGENCY CONTACT PERSON: Kevin Rousseau, Department of Marine Resources, 21 State House Station, Augusta, ME 04333-0021. Telephone: (207) 624-6573. Fax: (207) 633-9579. TTY: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: Kevin.Rousseau@Maine.gov .
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .