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July 29, 1998
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: 04-061 - Maine Land Use Regulation Commission (LURC)
RULE TITLE OR SUBJECT: Ch. (New), Rules to Implement Watercraft Ban on Certain Lakes
PROPOSED RULE NUMBER: 98-P119
CONCISE SUMMARY: In the most recent session of the Legislature, legislation was passed and signed into law (Public Law 1998, Chapter 739) which prohibits the operation of personal watercraft on 245 lakes within the Maine Land Use Regulation Commission's jurisdiction. The Commission will hold a public hearing on proposed rules to implement this legislation at the times and locations noted below. This legislation also requires the Commission, the Department of Inland Fisheries and Wildlife, and the Bureau of Parks and Lands to prepare a joint report no later than January 1, 1999, to the Legislature on the regulation of surface water uses on waters within the Commission's jurisdiction. The report must describe the authority of each agency to regulate surface water uses and may include recommendations for surface water use regulations on other specific water bodies or classes of water bodies within the Commission's jurisdiction. The Commission will use information obtained through the public hearing as a basis to recommend additional lakes where the operation of personal watercraft should be restricted or to recommend that the prohibition on their use on certain lakes be repealed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Chapter 206-A
PUBLIC HEARING: The hearing will be held:
Wednesday, July 15, 1998, Rangeley Inn, Main Street, Rangeley
Tuesday, July 28, 1998, Greenville High School Gymnasium, Pritham Ave., Greenville
Thursday, August 6, 1998, Shiretown Atrium Restaurant, North Road, US 1, Houlton
Wednesday, August 19, 1998, Holiday Inn, 215 High Street, US 1 A, Ellsworth
Each session will begin at 6:00 p.m.
All interested persons are invited to attend and offer testimony. Time limits on oral testimony may be imposed in order to allow all who care to testify to do so.
DISABILITIES: Persons with disabilities planning to attend the hearing are requested to inform the Commission in advance so that arrangements can be made for services they may require.
DEADLINE FOR COMMENTS: The hearing record will remain open until Thursday, September 3, 1998, to allow interested persons to file written statements with the Commission, and for an additional 7 days, until Thursday, September 10, 1998, to allow interested persons to file written statements in rebuttal of statements filed during the open comment period.
AGENCY CONTACT PERSON: Fred Todd
AGENCY NAME: Maine Land Use Regulation Commission
ADDRESS: 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: 207-287-2631 or 1-800-452-8711
INTERNET ADDRESS: fred.todd@maine.gov
John S. Williams, Director, Maine Land Use Regulation Commission


AGENCY: 04-058 - Department of Conservation, Bureau of Forestry
RULE TITLE OR SUBJECT: Ch. 20, Forest Regeneration and Clearcutting Standards
PROPOSED RULE NUMBER: 98-P155
CONCISE SUMMARY: The existing rule sets the standards for forest regeneration after timber harvesting and performance standards for clearcuts. The proposed rule amends the existing rule to incorporate existing and new legislation in the rule to include: procedures for notifying the Bureau of proposed commercial timber harvesting activities and changes in the law that affect the size, arrangement and regeneration of clearcuts.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 8867-A.
PUBLIC HEARING: Will be held at four locations, from 2:30 - 4:30 p.m. and 7 - 9 p.m.
Tuesday - August 18 - Oxford Hills High School - Mulitpurpose Room, South Paris
Thursday - August 20 - Ellsworth Middle School Cafeteria, 20 Forest Avenue, Ellsworth
Tuesday - August 25, University of Maine Presque Isle - Grand Ballroom
Thursday - August 27 - Augusta Civic Center - Capitol/Pine Tree Room
DEADLINE FOR COMMENTS: September 7, 1998
AGENCY CONTACT PERSON: Jim Blanck, Chief Planner, Bureau of Forestry, Statehouse Station #22, Augusta, ME 04333
Phone: 207-287-2791


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 8, Endangered Species
PROPOSED RULE NUMBER: 98-P157
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has scheduled a public hearing to consider designation of areas protected as piping plover and least tern nesting, feeding and brood-rearing areas, in accordance with provisions of the State Endangered Species Act, Title 12, Subchapter V and Inland Fisheries and Wildlife Rules, Chapter 8. Piping plover and least tern nesting, feeding and brood-rearing areas are being designated in the towns of Biddeford (Fortunes Rocks Beach), and Scarborough (Scarborough Beach); and currently designated PPLT 04 at Pine Point/Western Beach, Scarborough and Old Orchard is being extended to include new nesting locations in Old Orchard Beach. Maps of the proposed piping plover and least tern nesting, feeding and brood-rearing areas may be obtained from the agency contact-person. Designation of mapped sites by rule would require evaluation by Inland Fisheries & Wildlife of any projects within these areas that require state or local permits, or are funded or carried out by state or local governments, to determine if the projects would significantly alter or unreasonably harm the essential habitat. Notification and maps of proposed areas have been sent to all known affected landowners.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A 7035, 7753, 7754.
PUBLIC HEARING: August 18,1998 @ 7:00 p.m., Scarborough Municipal Bldg., Council Chambers, 259 U.S. Route 1, Scarborough, ME
DEADLINE FOR COMMENTS: September 29, 1998
AGENCY CONTACT PERSON: Ken Elowe, Inland Fisheries and Wildlife, 41 State House Station Augusta, ME 04330-0041
TELEPHONE: 287-5252


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 24, Day Habilitation Services for Persons With Mental Retardation.
PROPOSED RULE NUMBER: 98-P158
CONCISE SUMMARY: The proposed rule change removes ceilings placed on day habilitation services for persons with mental retardation that are under 21 years of age.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: None scheduled unless five (5) or more people request a hearing in writing.
DEADLINE FOR COMMENTS: August 31,1998. Please submit comments to the address below.
AGENCY CONTACT PERSON: Gregory Nadeau, Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 35 Anthony Avenue, #11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-5521
TTY: (207) 287-1828


AGENCY: 19-498 - DECD/OCD
RULE TITLE OR SUBJECT: Ch. 18, Proposed Statement for Administering the 1999 Community Development Block Grant Small Cities Program.
PROPOSED RULE NUMBER: 98-P159
CONCISE SUMMARY: This proposed rule will allow the DECD to allocate the federal funds in accordance with the Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of Maine's Community Development Block Grant Small Cities Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13058, Subsection 3
PUBLIC HEARINGS:
August 18, 1998, 10:00 a.m., Council Chamber, City Hall, 12 Second Street, Presque Isle, Maine 04769
August 19, 1998, 2:00 p.m., Conference Room, Office of Community Development, 22 Stone Street, Augusta, Maine 04333
August 20, 1998, 2:00 p.m., EMDC Conference Room, One Cumberland Place, Suite 300, Bangor, Maine 04402
DEADLINE FOR COMMENTS: September 4, 1998 at 4:00 p.m.
AGENCY CONTACT PERSON: Aaron Shapiro, CDBG Program Manager
AGENCY NAME: Office of Community Development
ADDRESS: DECD/OCD, 33 Stone Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: 287-8485


AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. ?, Nutrient Management Program
PROPOSED RULE NUMBER: 98-P160
CONCISE SUMMARY: The rule establishes standards for livestock owners to develop and implement nutrient management plans. In addition permits are required for new and expanding livestock operations with greater than 300 animal units (1,000 pounds = 1 animal unit). Winder spreading is prohibited between December 1 and March 15 of each winter.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 4206
PUBLIC HEARINGS:
August 18, 1998 - Augusta Civic Center, 1:00 - 5:00
August 20, 1998 - Keddy's, Presque Isle, 9:00 - 1:00
DEADLINE FOR COMMENTS: September 21, 1998
AGENCY CONTACT PERSON: Peter N. Mosher
ADDRESS: Department of Agriculture, 28 State House Station, Augusta, ME 04333-0028 PHONE NUMBER: 207/287-1132


ADOPTIONS

AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 410, Uniform System of Accounts for Gas Utilities
ADOPTED RULE NUMBER: 98-322
CONCISE SUMMARY: Amends the existing rule by requiring every gas utility to maintain its accounts and records in conformity with the Uniform System of Accounts found in Title 18, Subchapter F, Part 201, of the Code of Federal Regulation.
EFFECTIVE DATE: July 25, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-6078


AGENCY: 94-591 - Motor Carrier Review Board
CHAPTER NUMBER AND TITLE: Ch. 1, Bylaws of the Maine Motor Carrier Review Board
ADOPTED RULE NUMBER: 98-323
CONCISE SUMMARY: This Chapter contains the revised bylaws governing the internal management of the Maine Motor Carrier Review Board.
CHAPTER NUMBER AND TITLE: Ch. 2, Selection Process
ADOPTED RULE NUMBER: 98-324
CONCISE SUMMARY: This Chapter contains the revised selection process and the individual violation ratings of the Maine Motor Carrier Review Board.
CHAPTER NUMBER AND TITLE: Ch. 3, Review Process
ADOPTED RULE NUMBER: 98-325
CONCISE SUMMARY: This Chapter contains the revised method and timing of notification and how recommendations are made to the Secretary of State including the follow-up to these recommendations.
EFFECTIVE DATE: September 1, 1998
AGENCY CONTACT PERSON: Maurice J. Dionne, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station Augusta, Maine 04333-0029
TELEPHONE: 207/287-8633


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