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March 24, 1999
Rule-Making Notice

as it appears in 5 daily Maine newspapers


NOTICE 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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS

AGENCY: 12-179 - Department of Labor, 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: 99-P45
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 July 1, 1998, with the exception of Section .134 (Respiratory Protection). The Board is considering revisions of the U.S. DOL OSHA requirements for respiratory protection found in Title 29 CFR Part 1910.134. This standard would require compliance with the nationally recognized two in two out rule for fire fighters.

RULE TITLE OR SUBJECT: Ch. 3, Occupational Safety and Health Standards for Construction Employment in the Public Sector
PROPOSED RULE NUMBER: 99-P46
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 July 1, 1998, excluding Section .103 (Respiratory Protection). The Board is considering revisions of the US DOL OSHA requirements for respiratory protection.

THESE RULES WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA, Section 565
PUBLIC HEARINGS:
April 5, 1999, 7:00 p.m., Southern Maine Technical College, Fort Rd., South Portland, Maine
April 8, 1999 7:00 p.m., Eastern Maine Technical College, 354 Hogan Rd., Bangor, Maine
April 13, 1999 7:00 p.m., Northern Maine Technical College, 33 Edgemont Drive, Presque Isle, Maine
DEADLINE FOR COMMENTS: April 30, 1999
AGENCY CONTACT PERSON: Alan C. Hinsey, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6400


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 106, Low Sulfur Fuel Regulation (Amendments)
PROPOSED RULE NUMBER: 99-P51
CONCISE SUMMARY: The Department is proposing to amend Chapter 106 to allow oil sampling and analysis in lieu of continuous emission monitoring.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 M.R.S.A. 585 and 585-A
PUBLIC HEARING: April 14, 1999, 1:00 p.m., Augusta Holiday Inn
DEADLINE FOR COMMENTS: April 30, 1999
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: 207-287-2437


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 305, Permit by Rule Standards
PROPOSED RULE NUMBER: 99-P52
CONCISE SUMMARY: A number of substantial amendments are proposed in response to law changes and a review of the Permit by Rule (PBR) program. One is to allow the department discretionary authority to require an individual permit under the Natural Resources Protection Act (NRPA) for an activity qualifying for PBR if there is concern that it could cause significant environmental impact. Also proposed is to require an individual permit for any project involving multiple submerged utility or stream crossings: PBR will be limited to projects consisting of only a single crossing. Proposed restrictions have been added throughout the rule that limit PBR approval to only those activities that comply with other department laws (specifically the Site, Stormwater and NRPA laws) and local shoreland zoning ordinances. Another restriction would not allow a PBR to become effective until permits are obtained under the Site Location of Development and Storm Water Management Laws, if those laws apply. For a number of activities, the applicant must receive, and submit proof of, approval of the timing of the activity from other state agencies, such as the Department of Marine Resources, depending on the type, timing, and location of the activity (forms will be developed for use by the applicant ). Also, for activities allowed under Section 2 Soil Disturbance and Section 10 Stream Crossings, it is proposed to waive the 14 day waiting period if the activity is performed or supervised by an individual certified by the department in erosion control practices through the Voluntary Contractor Certification Program. Additional "Notes" have been added to guide applicants about other agencies' authorities over their activity or exemptions that may be available under the NRPA. Some standards have been modified, requiring more specific actions on the applicant's part to ensure no or minimal impact from the activity. For a complete list of proposed amendments and copies of the rule, contact the person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ONMUNICIPALITIES
STATUTORY AUTHORITY: 38 MRSA Sections 341-D(l) and 480-H
PUBLIC HEARING: Weds., April 14, 1999 at 1:30 p.m., Holiday Inn/Ground Round, 110 Community Drive, Augusta, ME 04330
DEADLINE FOR COMMENTS: April 26,1999
AGENCY CONTACT PERSON: Mike Mullen
AGENCY NAME: Department of Environmental Protection
ADDRESS: Bureau of Land & Water Quality, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4728


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.85(l)(B), Lobster Trap (Circular) Escape Vent Dimensions
PROPOSED RULE NUMBER: 99-P53
CONCISE SUMMARY: This proposed measure would provide regulatory consistency with the Atlantic States Marine Fisheries Commission, Amendment #3 Interstate Fishery Management Plan for Lobster, approved December 16, 1997. The proposed regulation would increase the circular escape vent to a minimum size of 2 7/16" in diameter.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARING: Wednesday, April 14, 1999, 6:30 p.m. at The Samoset Resort, 220 Warrenton Street, Rockport, Maine
DEADLINE FOR COMMENTS: April 24, 1999
AGENCY CONTACT PERSON: Donaruth Finlayson
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6596


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Amendment to Ch. 252, Rules Governing Certification of Seed Potatoes in the State of Maine
PROPOSED RULE NUMBER: 99-P54
CONCISE SUMMARY: This proposed rule eliminates the requirement to laboratory test the foliage of potato plants produced from greenhouse grown potato minitubers or plantlets for viral pathogens. It also formalizes the adoption of a zero tolerance for Potato Spindle Tuber Viroid in Maine's seed potato certification program, which had previously been established by Emergency Rule. It proposes an increase in the cost of field inspection fees in the Seed Potato Certification Program from $17 to $18 per acre. It also proposes an increase in the fee for shipping point inspection of seed potatoes from 8 cents per hundred pounds shipped to 10 cents per hundred pounds shipped, and eliminates the 5 cents per hundred pounds overtime fee for shipping point inspection. The proposed rule also authorizes the Department of Agriculture to impose late fees and interest charges on invoices for services that are more than 30-days overdue.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA, 2101-2105
PUBLIC HEARJNG: April 12, 1999, 7:00 p.m., Keddy's Motor Inn, Route 1, Houlton Road, Presque Isle, Maine.
DEADLINE FOR COMMENTS: April 22, 1999
AGENCY CONTACT PERSON: Terry L. Bourgoin, Director
AGENCY NAME: Division of Plant Industry
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: 207-287-3891


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #99-05
PROPOSED RULE NUMBER: 99-P55
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #I prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 M.R.S.A. 2954 & 5 M.R.S.A. 8054
PUBLIC HEARING: 9:00 a.m., April 8, 1999, Department of Agriculture, Food & Rural Resources, Deering Building, Room 336, Augusta, Maine 04333
DEADLINE FOR COMMENTS: April 8, 1999
NAME: Thomas C. Doak, Director/OPPLIS
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCIES:
02-373 - Board of Licensure in Medicine
02-383 - Board of Osteopathic Licensure

CHAPTER NUMBER AND TITLE: Ch. 11 (joint chapter), Use of Controlled Substances in Treatment of Pain
ADOPTED RULE NUMBERS: 99-124 and 99-125
CONCISE SUMMARY: The Boards recognize that principles of quality medical practice dictate that the people of the State of Maine have access to appropriate and effective pain relief. The Boards acknowledge that controlled subtances, including opioid analgesics, may be essential in the treatment of acute pain due to trauma or surgery, and chronic pain whether due to cancer or non-cancer origins. Fears of investigation by federal, state and local regulatory agencies should not preclude appropriate and adequate treatment of chronic pain patients. However,: the Boards recognize that inappropriate prescribing of controlled substances, including opioidanalgesics, may lead to drug diversion and abuse by individuals who seek them for other than legitimate medical use. The Boards adopt these rules to clarify their positions on pain control and prescribing, specifically related to the use of controlled substances, to alleviate physician uncertainty and to encourage better pain management.
EFFECTIVE DATE: March 22, 1999
CONTACT PERSONS:
Board of Licensure in Medicine:
AGENCY CONTACT PERSON: Randal Manning, Executive Director
ADDRESS: 137 State House Station, Augusta, ME 04333-0137
TELEPHONE: 207/287-3601
Board of Osteopathic Licensure:
AGENCY CONTACT PERSON: Susan E. Strout, Executive Secretary
ADDRESS: 142 State House Station, Augusta, ME 04333-0142
TELEPHONE: 207/287-2480


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