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Home > Weekly Rule-making Notices > December 12, 2012

December 12, 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: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual: Ch. 4, Fees; Ch. 5, Limitation on Debt; Bar Against Collection (19A MRSA §2302); SSI; Ch. 7, Implementation of Child Support Guidelines; Ch. 12, Proceedings to Amend or Set Aside Administrative Decisions; Proceedings; To Appeal Agency; Ch. 16, Federal Income Tax Offset; Ch. 17, State Income Tax Refund Offset; and Ch. 25, Securing and Enforcing Medical Support. (Pages 22; 23-25; 51-52; 87-89; 101; 105 and 130)
PROPOSED RULE NUMBER: 2012-P282
BRIEF SUMMARY: The rule imposes a $2.00 per pay period fee on the obligor for wage withholding and an annual $25.00 fee on the custodial parent if the Department collects at least $500.00 in the federal fiscal year. People who pay child support can have their lump sum income taken to pay their child support debt even if otherwise exempt from paying child support because they receive public assistance. Lump sum income includes, but is not limited to, personal injury awards, lottery winnings, inheritances and tax refunds. The Department will no longer do multiple prospective worksheets unless required by law. The rule clarifies that reasonable cost of health insurance is based on 6% of the obligated parent’s income and prorates the cost of health insurance amongst all of the obligated parent’s children.
PUBLIC HEARING: None
COMMENT DEADLINE: January 11, 2013
CONTACT PERSON FOR THIS FILING /SMALL BUSINESS INFORMATION: Jerry Joy, Director, Division of Support Enforcement & Recovery, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta, Maine 04333-0011. Telephone:(207) 624-6985. TTY: (800) 606-0215. E-mail: Jerry.Joy@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §42(1) and 19-A MRSA §2653
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 19-A MRSA §§ 2013(3), 2013(3-A) and 2302(2)
WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 50.02, Spiny Dogfish Trip Limit Increase
PROPOSED RULE NUMBER: 2012-P283
CONCISE SUMMARY: The proposed rule-making would increase the spiny dogfish commercial daily trip limit from 3,000 to 4,000 pounds effective May 1, 2013, clarify that spiny dogfish trip limits are the maximum amount that can be landed in a calendar day or 24-hour period, and remove language that references an obsolete seasonal quota allocation. The State of Maine is mandated to implement and enforce fisheries management plans of the Atlantic States Marine Fisheries Commission (Commission) under the Atlantic Coastal Fisheries Cooperative Management Act of 1993 (ACFCMA). The Commission’s Spiny Dogfish & Coastal Shark Management Board increased the daily trip limit to 4,000 pounds for the 2013/2014, 2014/2015, and 2015/2016 fishing seasons. When drafting rule-making to increase the trip limit, DMR staff noticed that the regulatory language specifying spiny dogfish trip limits does not specify “per calendar day or 24-hour period” as required in the Commission’s Interstate Fisheries Management Plan for Spiny Dogfish Fisheries Management Plan (FMP). It was also noticed that the regulations specify a seasonal quota allocation and was replaced in 2009 with a regional allocation in Addendum II to the FMP.
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: January 14, 2013. 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 PERSON: Chris Vonderweidt (207-624-6558)
Mail Written Comments to: Department of Marine Resources, attn: K. Rousseau, 21 State House Station, Augusta, Maine 04333. Website: http://www.maine.gov/dmr/rulemaking/ . E-mail: dmr.rulemaking@maine.gov . Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing)
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6171



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 2, Rules Concerning the Processing of Applications and Other Administrative Matters (Amendments)
PROPOSED RULE NUMBER: 2012-P284
BRIEF SUMMARY: The proposed amendments to Ch. 2 incorporate the statutory changes to the Board’s responsibilities enacted in LD 1 (P.L. 2011 ch. 304) and clarify other provisions of the existing rule.
PUBLIC HEARING: January 3, 2013 at 9:00 a.m., Augusta Civic Center, 76 Community Drive, Augusta, Maine
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rule is 5 p.m., January 22, 2013. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATON: Cynthia Bertocci, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017 Telephone: (207) 287-2452. Fax: (207) 287-7641. E-mail: Cynthia.S.Bertocci@Maine.gov ; the department website for rule-making info is www.maine.gov/dep/rules .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THE RULE: 5 MRSA §8051, 38 MRSA §341-H, PL 2011 ch 304
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/dep/index.html .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 12-597 - Department of Labor (DOL), Bureau of Employment Services
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Governing Implementation of the Trade Adjustment Assistance Program
PROPOSED RULE NUMBER: 2012-P285
BRIEF SUMMARY: The proposed changes update the state Trade Adjustment Assistance (TAA) rules to match the recent changes to the Federal Trade Adjustment Assistance Act (TAA). Recent federal rule changes included several modifications to benefit levels under this program depending on the approved rules at the time the petition was certified. The TAA program is federally funded, providing wage subsidy, training, job search and relocation assistance to customers covered under approved petitions. Trade petitions are filed by a group of workers, union representation, company officials or state personnel when layoffs occur due to foreign competition.
DETAILED BASIS STATEMENT / SUMMARY: The Federal Trade Adjustment Assistance Program has gone through many rule changes at the federal level for the past few years. With every rule change, it is necessary to update the state rules to outline the benefit changes. Congress expanded the rules in 2009 to include additional and increased benefits. Since Congress did not approve an extension of those rules, a sunset provision went into place. During the sunset period, benefits reverted to the pre-2009 levels. This led to another version of trade laws when Congress approved the Trade Adjustment Assistance Extension Act (TAAEA) in October 2011.
With the approval of the TAAEA of 2011, customers who had received an approved service during the sunset period could choose coverage under the laws of 2002 or 2011. Customers had to make this choice by February of 2012 or the 2002 laws would govern their services during enrollment.
New customers covered under petitions numbered 80,000 to 80,999 are now covered under the 2011 laws, as are all new petitions numbered 81,000 or higher.
PUBLIC HEARING: None
COMMENT DEADLINE: Friday, January 11, 2013 at 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOL RULE-MAKING LIAISON: Susan Wasserott, Maine Department of Labor, 54 State House Station, Augusta, ME 04333. Telephone: (207) 621-5096. Fax: (207) 287-5292. E-mail: Susan.Wasserott@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 26 MRSA §2051
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/labor/bes/index.shtml .



AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards, Board of Occupational Safety and Health
RULE TITLE OR SUBJECT: Ch. 2, Occupational Safety and Health Standards for General Employment in the Public Sector
PROPOSED RULE NUMBER: 2012-P286
CONCISE SUMMARY: The purpose of this chapter is to incorporate by reference rules governing Occupational safety and health in general employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1910 as most recently amended as of March 26, 2012 and any subsequent rules as they become finalized.
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: January 11, 2013
AGENCY CONTACT PERSON: Richard V. Snow, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045. Telephone: (207) 623-7925. E-mail: Richard.V.Snow@Maine.gov .
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA ch. 6 §565
WEBSITE: http://www.maine.gov/labor/bls/index.shtml .
DOL RULE-MAKING LIAISON: Susan.Wasserott@Maine.gov .



AGENCY: 12-179 - Department of Labor (DOL), Bureau of Labor Standards, Board of Occupational Safety and Health
RULE TITLE OR SUBJECT: Ch. 3, Occupational Safety and Health Standards for Construction in the Public Sector
PROPOSED RULE NUMBER: 2012-P287
CONCISE SUMMARY: The purpose of this chapter is to incorporate by reference rules governing Occupational safety and health in construction employment as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1926 as most recently amended as of November 8, 2010 and any subsequent rules as they become finalized.
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: January 11, 2013
AGENCY CONTACT PERSON: Richard V. Snow, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045. Telephone: (207) 623-7925. E-mail: Richard.V.Snow@Maine.gov .
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA ch. 6 §565
WEBSITE: http://www.maine.gov/labor/bls/index.shtml .
DOL RULE-MAKING LIAISON: Susan.Wasserott@Maine.gov .


ADOPTIONS


AGENCY: 06-096 - Department of Environmental Protection (DEP), Bureau of Air Quality Control
CHAPTER NUMBER AND TITLE: Ch. 127, New Motor Vehicle Emission Standards
ADOPTED RULE NUMBER: 2012-340
CONCISE SUMMARY: The Department of Environmental Protection adopted amendments to its Low Emission Vehicle (LEV) rule, which incorporates by reference California's new motor vehicle emission standard regulations. Maine first adopted California's vehicle emission standards in 1993 (starting model year 2001), and the Department periodically amends its LEV rules to remain consistent with California's emission standards in compliance with the Clean Air Act. The amendments adopt the next generation of motor vehicle emission standards for criteria pollutants for 2015-2025 model years and greenhouse gases for 2017-2025 model years; revised Zero Emission Vehicle requirements; improved vehicle labeling requirements; and amendments to the existing greenhouse gas standards for passenger vehicles. These amendments will be submitted to EPA as a revision to Maine’s State Implementation Plan.
Copies of this rule are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/ .
EFECTIVE DATE: December 12, 2012
AGENCY CONTACT PERSON: Lynne Cayting, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. E-mail: Lynne.A.Cayting@Maine.gov .
WEBSITE: http://www.maine.gov/dep/air/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11.10)(1)(F), Atlantic Sea Scallops, Shellstock Ratio to Meat Conversion, Possession Limit, Daily Limit Daily Possession Limit, and 11.22, 2012-13 Closures, (10), Inner Blue Hill Harbor. (Emergency regulations)
ADOPTED RULE NUMBER: 2012-341 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for the implementation of a conservation closure located in the Inner Blue Hill Harbor Area in order to protect Maine's scallop resource due to the risk of unusual damage and imminent depletion. Scallop populations throughout the state are at extremely low levels. The Department is concerned that unrestricted harvesting during the remainder of the 2012/2013 fishing season in this area may deplete a severely diminished resource beyond its ability to recover. Continued harvesting may damage sublegal scallops that could be caught during subsequent fishing seasons, as well as reducing the broodstock essential to a recovery. A significant immediate conservation closure is necessary to reduce the risk of unusual damage and imminent depletion. In addition, a clarification on the regulation pertaining to daily possession limits is required to ensure that the shellstock to meat conversion is applied to the entire state, not just Cobscook Bay as it currently exists, and the prevention of scallop transfers from one vessel to another at sea as this will assist enforcement in ensuring that the resource is not over-harvested and depleted, particularly from the Limited Access Areas. For these reasons, the Commissioner hereby adopts an emergency closure of Maine's scallop fishery in the Inner Blue Hill Harbor Area, the shellstock to meat conversion for the entire fishery and the prevention of scallop transfers from one vessel to another at sea as authorized by 12 MRSA §6171(3).
EFFECTIVE DATE: December 8, 2012
AGENCY CONTACT PERSON: Trish De Graaf (207-624-6554)
AGENCY: Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. WEBSITE: http://www.maine.gov/dmr/rulemaking/ . E-mail: Trisha.DeGraaf@Maine.gov . Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).
WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 26.19(2), Whiting Bay and Denny’s Bay Area, 10 Tote Limit (Emergency regulations)
ADOPTED RULE NUMBER: 2012-342 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for a ten (10) tote limit in the Whiting Bay and Denny’s Bay Area to protect Maine’s urchin resource due to the risk of unusual damage and imminent depletion of the resource in this area as authorized by 12 MRSA §6171(3). The Department is concerned that unrestricted harvesting in this area during the remainder of the 2012-13 sea urchin fishing season may deplete a severely diminished resource beyond its ability to recover. A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: December 8, 2012
AGENCY CONTACT PERSON: Trish De Graaf (207-624-6554), Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Website: http://www.maine.gov/dmr/rulemaking/ .E-mail: Trisha.DeGraaf@Maine.gov . Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing)
WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .



AGENCY: 14-193 - Department of Health and Human Services (DHHS), Office of Substance Abuse and Mental Health
CHAPTER NUMBER AND TITLE: Ch. 2, ACT Team Standards for the Progressive Treatment Program
ADOPTED RULE NUMBER: 2012-343 (Repeal)
CONCISE SUMMARY: The rule has been repealed to comply with LD 897.
See http://www.maine.gov/dhhs/mhlrules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: December 16, 2012
AGENCY CONTACT PERSON: Mary Louise McEwen, Superintendent, Riverview Psychiatric Center, 240 Arsenal Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4656. Fax: (207) 287-6123. TTY: 777 (Maine Relay). E-mail: MaryLouise.McEwen@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/samhs/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .