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Home > Agendas > 2006-2007 > Department of Corrections

2006-2007 Regulatory Agendas

17
Department of Transportation


229: The Department
387: Maine Pilotage Commission



AGENCY UMBRELLA-UNIT NUMBER: 17-229
AGENCY NAME: Department of Transportation

CONTACT PERSON: Toni Kemmerle, Chief Counsel, State House Station 16, Augusta, ME 04333. Tel. 624-3024

ACTIVITY: Changes to existing Sensible Transportation Act rules
CHAPTER NUMBER: 103
TITLE: Sensible Transportation Policy Act Rules
STATUTORY OR OTHER BASIS: Major Substantive rule amendments as directed by the 121st Legislature in LD 463.
PURPOSE OF THE RULE: to create a linkage between the transportation planning processes required in Sensible Transportation Policy Act with the land use planning processes outlined in the Comprehensive Planning and Land Use Regulation Act
SCHEDULE FOR ADOPTION: Adoption in spring 2007
LISTING OF AFFECTED PARTIES: MMA, Regional Planning Agencies, SPO
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: The draft rule will be made available for public hearing and comment before adoption and presentation to Legislature.

ACTIVITY: Amendments to minor technical portions of Highway Driveway and Entrance Rules
CHAPTER NUMBER: 299 - Parts A & B
TITLE: Highway Driveway and Entrance Rules
STATUTORY BASIS: Title 23, Section 704. Language from LD 821, as passed: CHAPTER 23, H.P. 580 L.D. 821: Resolve, To Continue Efforts of the Department of Transportation to Balance Public Safety and Access to Land by Landowners.
Sec.1. Public Hearings. Resolved: That the Department of Transportation shall continue to hold public hearings an Chapter 299: Highway Driveway and Entrance Rules, Parts A and B as authorized by Resolve 2001, chapter 46 and continue to attempt to find an appropriate balance between public safety and private landowner access to land.
PURPOSE OF THE RULE: It has been over (4) years since the rules have been in effect. Over that time, the Maine Department of Transportation has experienced a number of situations which need to be clarified in the rules. As part of this process, a public hearing will be held to receive comments on all the rules per the Resolve as cited above.
SCHEDULE FOR ADOPTION: Proposed Rule Changes Finalized = September 2006
Public Hearing = October 2006
Final Rule Changes Adopted = January 2006
LISTING OF AFFECTED PARTIES: Department of Transportation, General Public
Information on any Planned use of CONSENSUS-BASED RULE DEVELOPMENT: The Department will receive public comments and decide if any additional changes need to be made to the rules.

ACTIVITY: amendments to existing Rule 17-229, Ch. 206
CHAPTER NUMBER: 206
TITLE: "Regulations for the Installation of Gas, Food, Lodging and Camping Logo Signs On the Rural Part of the Interstate Highway System"
STATUTORY BASIS: 23 MRSA 1912-B, as amended by P.L. 2007, c. 482, Section 2 (122nd Legislature, Second Regular Session, effective August 23, 2006)
SCHEDULE FOR ADOPTION: Late 2006 or early 2007.
LISTING OF AFFECTED PARTIES: Businesses and other entities participating in the Interstate Logo Sign program; owners/operators of "attractions" such as natural phenomena, historical areas, cultural sites, amusement parks, arenas, golf courses, ski areas, museums, recreational areas and areas of natural or scenic beauty; and the traveling public.
INFORMATION ON ANY PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: The Department does not plan to use the formal consensus-based rule development process as outlined in the Maine APA.



AGENCY UMBRELLA-UNIT NUMBER: 17-387
AGENCY: Maine Pilotage Commission

CONTACT PERSON: Brian Nutter, Maine Department of Transportation, 16 State House Station, Augusta, ME 04333-0016. Tel: (207) 624-3564.

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2006 - 2007 RULE-MAKING ACTIVITY:

CHAPTER 1:

Rules & Regulations Definitions P.
STATUTORY AUTHORITY: 38 MRSA, Section 90
PURPOSE: To clarify when a state licensed pilot must be onboard a vessel and outline the overall responsibilities of that pilot in the performance of pilotage duties.
ANTICIPATED SCHEDULE: Fall 2006
AFFECTED PARTIES: Pilots licensed by this Commission.

Part A: Section, 2-j Licensing Requirements
STATUTORY AUTHORITY: 38 MRSA, Section 90
PURPOSE: To clarify the geographic area for which licenses are granted in the port of Eastport and to make the wording consistent with federal license standards for this area.
ANTICIPATED SCHEDULE: Fall 2006.
AFFECTED PARTIES: Pilots licensed for the port of Eastport.

Part B: Section 6, Operational and Safety Requirements
STATUTORY AUTHORITY: 38 MRSA, Section 90
PURPOSE: To remove reference to a pilot station that is no longer in use.
ANTICIPATED SCHEDULE: Fall 2006
AFFECTED PARTIES: Pilots licensed for the Penobscot Bay and River and steamship agents coordinating the arrival of inbound vessels with those pilots.