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March 26, 2003
as posted
in 5 daily Maine newspapers
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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 adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.
PROPOSALS
(Expanded
notice -- hearing details added)
AGENCY: 29-250 - Department of the Secretary of State, Bureau of
Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 9, Rules Governing Driver Education
PROPOSED RULE NUMBER: 2003-P40
CONCISE SUMMARY: This amendment changes the maximum number of classroom
instruction hours that may be provided daily and weekly by a driver
education provider.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA § 153
PUBLIC HEARING: April 11, 2003, 8:30-10 a.m., Bureau of Motor Vehicles
- Executive Conference Room, Hospital Street, Augusta, ME 04333
DEADLINE FOR COMMENTS: April 21, 2003
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-9092
AGENCY:
01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 29, Dealer Margins
PROPOSED RULE NUMBER: 2003-P48
CONCISE SUMMARY: The Maine Milk Commission will bold a hearing to adjust
Dealer Margins.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA § 2954
PUBLIC HEARING: 1:30 p.m., Friday, April 18, 2003, Room 233, Department
of Agriculture - Deering Building, Hospital Street Augusta, Maine 04333
DEADLINE FOR COMMENTS:
PREFILE: April 18, 2003
COMMENT PERIOD: April 28, 2003
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building, Station #28, Augusta,
Maine 04333
TELEPHONE: (207) 287-3741
AGENCY:
16-219 - Office of State Fire Marshal
RULE TITLE OR SUBJECT: Rules of the State Fire Marshal
PROPOSED RULE NUMBER: 2003-P49 through 2003-P53, 2003-P57 through
2003-P68
CONCISE SUMMARY: The following changes are proposed:
Ch. 1, Fee Schedules - Fee increase for Review and Permitting
for Sprinkler Systems
Ch. 25, Repeal of State of Maine document and adoption of incorporated
references:
NFPA # 1123, Code for Fireworks Displays, 2000 edition;
NFPA # 1124, Code for the Manufacture, Transportation, and Storage of
Fireworks and Pyrotechnic Articles, 2003 edition;
NFPA # 1122, Code for Model Rocketry, 2002 edition
Ch. 29, Increase in liability insurance requirement
Ch. 34, Rules and Regulations for Flammable and Combustible Liquids:
Repeal of State of Maine document for Flammable and Combustible Liquids
and adoption of incorporated references:
NFPA # 30, Flammable and Combustible Liquids Code, 2000 edition;
NFPA # 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages,
2000 edition;
NFPA # 30B, Code for the Manufacture and Storage of Aerosol Products,
2002 edition; and
NFPA # 385, Standard for Tank Vehicles for Flammable and Combustible
Liquids, 2000 edition.
Ch. 4, Sprinkler Systems, revision of State of Maine requirements
Incorporated Reference Updates:
Ch. 3, Fire Prevention Code:
NFPA # 1, Fire Prevention Code, 2003 edition
Ch. 4, Sprinkler Systems:
NFPA # 13, Standard for the Installation of Sprinkler Systems, 2002
edition
NFPA # 13D, Standard for the Installation of Sprinkler Systems in One
and Two Family Dwellings and Manufactured Homes, 2002 edition
NFPA # 13R, Standard for the Installation of Sprinkler Systems in Residential
Occupancies up to and including Four Stories in Height, 2002 edition
NFPA # 14, Standard for the Installation of Standpipe, Private Hydrants
and Hose Systems, 2003 edition
NFPA # 16, Standard for the Installation of Foam-Water Sprinkler and
Foam-Water Spray Systems, 2003 edition
NFPA # 22, Standard for Water Tanks for Private Fire Protection, 2003
edition
NFPA # 24, Standard for the Installation of Private Fire Service Mains
and their Appurtenances, 2002 edition
NFPA # 25, Standard for the Inspection, Testing and Maintenance of Water-Based
Fire Protection Systems, 2002 edition
NFPA # 318, Standard for the Protection of Clean Rooms, 2002 edition
NFPA # 750, Standard on Water Mist Fire Protection Systems, 2003 edition
Ch. 5, Fire Extinguishers
NFPA # 10, Standard for Portable Fire Extinguishers, 2002 edition
Ch. 6, Fire Extinguishing Systems
NFPA # 11, Standard for Low Expansion Extinguishing Systems, 2002 edition
NFPA # 17, Standard for Dry Chemical Extinguishing Systems, 2002 edition
NFPA # 17A, Standard for Wet Chemical Extinguishing Systems, 2002 edition
Ch. 10, Stationary Combustion Engines and Gas Turbines
NFPA # 37, Standard for the Installation and Use of Stationary Combustion
Engines and Gas Turbines, 2002 edition
Ch. 11, Bulk Oxygen Systems
NFPA # 50, Standard for Bulk Oxygen Systems, 2001 edition
Ch. 13, Welding, Cutting and Allied Processes and Acetylene Cylinder
Charging Plants
NFPA # 51, Standard for the Design and Installation of Oxygen-Fuel Gas
Systems for Welding, Cutting and Allied Processes, 2002 edition
NFPA # 51A, Standard for Acetylene Cylinder Charging Plants, 2001 edition
Ch. 14, National Fuel Gas Code
NFPA # 54, National Fuel Gas Code, 2002 edition
Ch. 15, Fire Protection Rules for Medical Facilities and Equipment
NFPA # 99, Standard for Health Care Facilities, 2002 edition
NFPA # 99B, Standard for Hyporbaric Facilities, 2002 edition
NFPA # 110, Standard for Emergency and Standby Power Systems, 2002 edition
Ch. 17, National Fire Alarm Code
NFPA # 72, National Fire Alarm Code, 2002 edition
Ch. 18, Lightning Protection Code
NFPA # 780, Standard for the Installation of Lightning Protection Systems,
2000 edition
Ch. 22, Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances
NFPA # 211, Standard for Chimneys, Fireplaces, Vents and Solid Fuel
Burning Appliances, 2003 edition
Ch. 32, Standard for the Fire Protection of Storage
NFPA # 230, Standard for the Fire Protection of Storage, 2003 edition
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 25 MRSA § 2452
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: April 24, 2003
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
AGENCY:
16-219 - Office of State Fire Marshal
RULE TITLE OR SUBJECT: Ch. 20, Code for Safety to Life in Buildings
and Structures
PROPOSED RULE NUMBER: 2003-P54
CONCISE SUMMARY This rule is an agency incorporation by reference to
the National Fire Protection Association Standards # 101, Life Safety
Code, NFPA # 80, Standard for Fire Doors and Windows, and NFPA #220,
Standard for Types of Building Construction. Specific State of Maine
requirements for use with the Life Safety Code are included in this
chapter. It is proposed by this agency to update the following NFPA
standards to the latest edition.
NFPA # 101, Life Safety Code, 2003 edition
NFPA # 80, Standard for Fire Doors and Windows, 2003 edition
Additional State of Maine language is being added pertaining to assembly
occupancies and the use of Pyrotechnic devices.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 25 MRSA § 2452 and 8 MRSA § 236
PUBLIC HEARING): April 18, 2003, 1 p.m., Maine EMS, Conference Room,
16 Edison Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: April 21, 2003
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963
AGENCY:
09-137 - Department of Inland Fisheries & Wildlife
CHAPTER
NUMBER AND TITLE: Ch. 1.01, Open Water Fishing
PROPOSED RULE NUMBER: 2003-P55
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes
to amend rules for open water fishing on Pierce Pond in Somerset County
as follows: Opens to fishing May 1. S-6, S-17. No size or bag limit
on togue. Togue have recently become established in Pierce Pond
from an unauthorized introduction. This intent of this regulation is
to encourage the harvest of togue to minimize the impact on the brook
trout and landlocked salmon populations.
STATUTORY AUTHORITY: 12 MRSA § 7035
RULE
TITLE OR SUBJECT: Ch. 2.05, Rules Pertaining to Bass Fishing
Tournaments
PROPOSED RULE NUMBER: 2003-P56
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes
to adopt a rule to amend certain provisions of Ch. 2.05, as requested
by petition, as follows: Establishing two categories of weigh-in bass
tournaments - club and open tournaments. This would permit an increase
in the total number of tournaments while restricting tournaments to
a maximum of 15 boats. The proposal reduces the number of larger open
tournaments on lakes greater than 3500 acres. The rule will also allow
tournaments for Department-sponsored "'youth events". A detailed copy
of the rule may be obtained from the agency contact person listed below.
STATUTORY AUTHORITY: 12 MRSA §§ 7035, 7154
PUBLIC
HEARING: None scheduled; one may be requested. Comments may be submitted
in writing to the address below.
PUBLIC HEARING: None scheduled; one may be requested. Written comments
may be submitted to the Agency Contact Person listed below.
DEADLINE FOR COMMENTS: April 25, 2003
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries
& Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov
ADOPTIONS
AGENCY:
10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Manual -Funding
Source for Certain Legal Aliens
ADOPTED RULE NUMBER: 2003-70
CONCISE SUMMARY: On May 13, 2002, President Bush signed Public Law 107-171,
which included the Food Stamp Program reauthorization. This rule is
a result of that law. Effective April 1, 2003, those individuals who
are legal and qualified aliens, and otherwise eligible for the program,
will be federally funded. Currently these individuals are state funded.
This rule changes only the funding source. Some households currently
receive two separate packets of stamps if some of its household members
are state funded and some are federally funded. Those mixed funded households
that become totally federally funded will now get only one packet. In
mixed funded households, income is budgeted to the individual that receives
it and allowable expenses are budgeted to the individual that incurs/pays
the expense. Those households that were mixed funded and become state
funded may experience a change in the total household benefit.
EFFECTIVE DATE: March 18, 2003
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, .Augusta ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948
© Department
of the Secretary of State
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