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Home > Weekly Rule-making Notices > October 10, 2012

October 10, 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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 3, Public Interaction and Conflicts with Wildlife (3.0, Feeding of Deer) (Re-advertised – Public Hearings Scheduled; Comment Period Deadline Extended)
PROPOSED RULE NUMBER: 2012-P214
BRIEF SUMMARY: In accordance with Title 12, MRSA, §10105, sub-§14, the Commissioner of Inland Fisheries and Wildlife is proposing to a adopt rules to regulate the feeding of deer in order to minimize potential public safety hazards or detrimental effects on deer, as well as minimize the risk of Chronic Wasting Disease as defined in Title 7, §1821, sub-§1.
PUBLIC HEARINGS:
Presque Isle: October 30, 2012 @ 6:30 p.m. – Northeastland Hotel, Red Room, 436 Main Street
Lincoln Plantation: November 1, 2012 @ 6:30 p.m. – Lincoln Plantation Town Hall, Route 16
COMMENT DEADLINE: November 15, 2012
CONTACT PERSON / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §10105
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 2, Rules Concerning the Processing of Applications and Other Administrative Matters (amendment to Section 1(B), definition of “aggrieved person”)
PROPOSED RULE NUMBER: 2012-P234
BRIEF SUMMARY: The proposed amendment is in response to LD 1647 (Resolve 2011, ch. 144) which directs the Board of Environmental Protection (Board) to adopt rules to conform the standards for standing to appeal a decision to the Board to the judicial standards for standing to appeal a decision of the Board to court. This is a major substantive rule.
PUBLIC HEARING: November 1, 2012 at 9:00 a.m., Elks Lodge, 397 Civic Center Drive, Augusta, Maine
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rule is 5 p.m., November 13, 2012. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATON: Cynthia S. Bertocci, Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-2452. Fax: (207) 287-7641. E-mail: Cynthia.S.Bertocci@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THE RULE: 5 MRSA §8051; 38 MRSA §341-H; Resolve 2011, ch 144.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Not applicable
The department website for rule-making information is available at: www.maine.gov/dep/rules .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 04-058 – Department of Agriculture, Conservation and Forestry, Division of Forestry
CHAPTER NUMBER AND TITLE: Ch. 27 (New), Standards for Timber Harvesting and Timber Harvesting Related Activities within Unorganized and Deorganized Areas of the State
PROPOSED RULE NUMBER: 2012-P235
BRIEF SUMMARY: This rule establishes the procedures for notifying the Department of Agriculture, Conservation and Forestry, Division of Forestry, of proposed timber harvesting activities and sets the standards for regulating those activities. The rule applies to all land within the unorganized and deorganized areas of the state classified by the Land Use Planning Commission as protection districts or managements districts pursuant to 12 MRSA §685-A(1).
DETAILED BASIS STATEMENT / SUMMARY: This rule applies to timber harvesting, the construction and maintenance of land management roads, water crossings on/for land management roads, and to gravel pits less than 5 acres in size. This rule governs only lands within the unorganized and deorganized areas of the State of Maine that have been classified by the Commission as protection or management subdistricts pursuant to 12 M.R.S. §685-A(1), including those owned by state and local governmental units, nonprofit organizations, and private forest owners. It does not govern federal forest lands or tribal trust lands. Chapter 10, Subchapter II of the Land Use Planning Commission’s Rules and Standards describes these subdistricts and identifies the specific activities that are allowed within each one. Landowners and applicants should first identify within which subdistrict(s) their proposed activity is located by referring to a Land Use Guidance Map of the appropriate town, plantation or township. These maps may be obtained from any of the Commission’s offices.
PUBLIC HEARING: None anticipated
COMMENT DEADLINE: November 9, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Donald J. Mansius, Maine Forest Service, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4906. E-mail: Donald.J.Mansius@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 M.R.S.A. §§ 8867-D and 8867-E
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/doc/mfs/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 101, Loan Insurance Program, Amendment 4
PROPOSED RULE NUMBER: 2012-P236
BRIEF SUMMARY: The amendment eliminates the limitations on insurance for retail and professional office space projects, both of which were limited to $750,000.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: November 10, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / FAME RULE-MAKING LIAISON: Christopher H. Roney, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 620-3515. Fax: (207) 623-0095. TTY: (207) 626-2717. E-mail: croney@famemaine.com . Website: www.famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: The rule will not impose any costs on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §§ 969-A(14) and 1026-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):



AGENCY: 90-590 - Maine Health Data Organization (MHDO)
RULE TITLE OR SUBJECT: Ch. 280, Filing Requirements for Prescribers Seeking Confidentiality Protection
PROPOSED RULE NUMBER: 2012-P237
CONCISE SUMMARY: This rule is being repealed in its entirety due to legislative action of P.L. 2011, c.494, Section 9, repealing the provision in the Maine Health Data Organization’s statutes, 22, MRSA §8713, requiring the agency to establish procedures for accepting filings of practitioners for prescriber confidentiality. A Federal District Court decision in August 2011 ruled that the provisions of Maine’s prescriber confidentiality statute, 22 MRSA §1711-E, were unconstitutional.
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: November 9, 2012
AGENCY CONTACT PERSON: Karynlee Harrington, Acting Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6722. E-mail: Karynlee.Harrington@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §8704 sub-§4 and §8713
WEBSITE: http://mhdo.maine.gov/imhdo/ .
MHDO RULE-MAKING LIAISON: Debra.J.Dodge@Maine.gov .


ADOPTIONS


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 325, New Markets Capital Investment Program
ADOPTED RULE NUMBER: 2012-283
CONCISE SUMMARY: The amendment expands the per project limit from $10 million to $40 million for certain manufacturing entities and expands the eligible communities to include high unemployment areas in addition to federally designated areas.
EFFECTIVE DATE: October 3, 2012
AGENCY CONTACT PERSON / FAME RULE-MAKING LIAISON: Christopher H. Roney, General Counsel, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 623-3263. E-mail: croney@famemaine.com .
WEBSITE: http://www.famemaine.com/ .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine CDC, Division of Environmental Health, Health Inspection Program
CHAPTER NUMBER AND TITLE: Ch. 201, Rules Relating to the Administration and Enforcement of Establishments Regulated by the Health Inspection Program
ADOPTED RULE NUMBER: 2012-284
CONCISE SUMMARY: These Rules update 10-144 CMR 201 by adding new definitions; clarifying existing terminology; expanding the exemptions to the Certified Food Protection Manager requirement; clarifying the procedure for denial of licenses; and describing in detail the Department’s right of entry for and frequency of inspections. These updates are intended to comply with the Federal and Maine Food Codes, as well as revisions to 22 M.R.S. §2494.
Additional changes include updating and clarifying responsibilities for establishments to report imminent health hazards to the Department, updating the fee structure to provide a discount for senior citizen meals, adding alternative methods of inspection of youth camps to comply with P.L. 2011, c. 375, adding a procedure for notifying the public of unlicensed establishments and imminent health hazards, and adding a process for variances. The Department is also reducing the licensing fee for temporary eating establishments. These proposed changes intend to create clarification, simplification and consistency among relevant state and federal regulations, including the Maine Food Code and the Federal Food Code.
EFFECTIVE DATE: October 7, 2012
AGENCY CONTACT PERSON: Tera R. Pare, J.D., Rule-making Coordinator, Division of Environmental Health, 286 Water Street, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4.01: (G), Season Dates - Open and Closed Areas for Beaver Trapping; (K), Location of and Preparation for Traps
ADOPTED RULE NUMBER: 2012-285
CONCISE SUMMARY: The Department has adopted amendments to establish the beaver trapping season dates for the 2012–2013 season, and the open and closed areas for beaver trapping as follows:
1. Beaver Trapping
1.a.
Wildlife Management Districts 1, 2, 4, 5: October 14 - April 30
Wildlife Management Districts 3, 6, 8, 9, 10, 11: November 1 – April 30
Wildlife Management Districts 18, 19, 28: November 1 – April 15
Wildlife Management Districts 7, 12, 13, 14, 17, 27: November 1 – March 31
Wildlife Management Districts 15, 16, 20, 21, 22, 23, 24, 25, 26, 29: December 1 – March 31
A copy of the adopted open and closed areas by WMD for beaver trapping season may be obtained from the Agency Rule-making Contact Person.
The Department also adopted an amendment to the rule to make minor modifications to the lynx exclusion device used when trapping with killer-type traps in WMDs 7, 14, 18 and 19. A copy of the adopted change is available from the Agency Rule-making Contact Person.
EFFECTIVE DATE: October 7, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .