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November 6, 2002
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
AGENCY:
13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26.08(B)(3)(a), Double Tagging in
Zone G
PROPOSED RULE NUMBER: 2002-P282
CONCISE SUMMARY: This revised rulemaking is intended to replace the
similar proposed double lobster trap tagging provision for non-Zone
G lobstermen who fish in Zone G, on which a hearing was held in Scarborough
on September 26, 2002. The proposed regulation would increase the Marine
Patrol's ability to enforce the current 49/51 % trap component of the
Lobster Zone Limited Entry rules of Zone G. The revised proposal would
limit the requirement to double tag to only the months of November through
February each year.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §6171, §6171 -A
PUBLIC HEARING: None, one may be requested.
DEADLINE FOR COMMENTS: Friday, December 6, 2002
AGENCY CONTACT PERSON: Lt. David Mercier
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04675-0008
TELEPHONE: (207) 633-9595
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
If you require accommodations due to disability, please contact Breena
Whitcomb, at (207) 624-6667.
AGENCY:
09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Moose Hunting
PROPOSED RULE NUMBER: 2002-P283
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing
to adopt a rule establishing the number of moose hunting permits to
be issued. For the 2003 season, permits will be issued for bulls and
antlerless moose (bull defined as those moose with antlers and antlerless
meaning those moose without antlers or a moose with antlers that are
shorter in size than its ears). Permits are allocated according to Wildlife
Management District as follows:
WMD 1 - 120 bulls / 20 antlerless
WMD 2 - 90 bulls
WMD 3 - 160 bulls / 150 antlerless
WMD 4 - 255 bulls
WMD 5 - 120 bulls
WMD 6 - 220 bulls / 140 antlerless
WMD 7 - 125 bulls
WMD 8 - 290 bulls
WMD 9 - 80 bulls
WMD 10 - 100 bulls / 10 antlerless
WMD 11 - 130 bulls / 100 antlerless
WMD 12 - 35 bulls / 20 antlerless
WMD 13 - 45 bulls / 10 antlerless
WMD 14 - 35 bulls
WMD 18 - 80 bulls / 20 antlerless
WMD 19 - 90 bulls / 15 antlerless
WMD 28 - 45 bulls / 20 antlerless
WMD 29 - 25 bulls / 5 antlerless
TOTAL: 2,045 bulls / 510 antlerless
In WMDs 1, 2, 3, 5, 6, 11 and 19 the season will begin on the Monday
following the close of the bear baiting season and remain open for 6
days and in WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 18,
19, 28 and 29 the season will begin on the second Monday of October
and remain open for 6 days.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §7463-A
PUBLIC HEARING: Monday, November 25, 2002 - Inland Fisheries & Wildlife
Headquarters, 284 State Street, Augusta, ME - 2nd Floor Conference Room,
6:30 p.m.
DEADLINE FOR COMMENTS: December 5, 2002
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
ADOPTIONS
AGENCY:
01-026 - Department of Agriculture, Food and Rural Resources, Board
of Pesticides Control
CHAPTER NUMBER AND TITLE: Adoption of Ch. 27, Standards for Pesticide
Applications and Public Notification in Schools
ADOPTED RULE NUMBER: 2002-408
CONCISE SUMMARY: This rule was developed by a 14-member consensus-based
rule development committee the Board appointed to respond to a request
from the Maine Toxics Action Coalition. Two public hearings were held
where 23 people presented information to the Board. Ninety-eight letters
and electronic messages were also received. The Board reviewed the rule-making
record and determined it should adopt the rule as published except for
a few technical changes. The rule establishes procedures and standards
for applying pesticides in and on school grounds. School Boards will
be required to adopt an integrated pest management policy and school
officials will have to designate an integrated pest management coordinator
who shall maintain the IPM policy and make it available to the public
upon request. School officials will also be required to post notices
to alert students, staff and visitors when pesticide applications are
scheduled. In addition, the rule requires school administrators to choose
between universal notification to all parents or establishing a registry
of concerned parents who wish to be notified of each pesticide application.
School officials will have until August 30, 2003 to implement the provisions
of the rule.
EFFECTIVE DATE: October 29, 2002
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731
AGENCY:
10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF)
- TCC Guidelines - Rev. #64A
ADOPTED RULE NUM'BER: 2002-409
CONCISE SUMMARY: This policy adopts new maximum Transitional Child Care
(TCC) income guidelines and a new fee assessment schedule beginning
October 1, 2002 through September 30, 2003.
EFFECTIVE DATE,: October 30, 2002
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: (207) 287-6948 (Deaf/Hard of Hearing)
AGENCY:
04-059 - Department of Conservation, Bureau of Parks and Lands, Off
Road Vehicle Division
CHAPTER NUMBER AND TITLE: Amendment to Ch. 8, Rules and Regulations
for the Snowmobile Club Trail Maintenance Grant in Aid Program
ADOPTED RULE NUMBER: 2002-410
CONCISE SUMMARY: The amendment will provide concise definitions and
procedures to the Snowmobile Club Trail Maintenance Grant in Aid Program.
This amendment will also remove the language of the Capital Equipment
grant programs so that the Capital Equipment Grant will be an independent
grant from the Snowmobile Club Trail Maintenance Grant.
* Provides changes and corrections to the existing rule governing the
grants from the Snowmobile Trail Fund to snowmobile clubs.
* Increases the amount of money clubs are eligible to receive
EFFECTIVE DATE: October 30, 2002
AGENCY CONTACT PERSON: Scott Ramsay/Tim Russell
AGENCY NAME: Department of Conservation, Bureau of Parks and Lands,
Off Road Vehicle Division
ADDRESS: 22 State House Station, Augusta, ME 04330
TELEPHONE: (207) 287-4956
AGENCY:
04-059 - Department of Conservation, Bureau of Parks and Lands, Off
Road Vehicle Division
CHAPTER NUMBER AND TITLE: Ch. 9, Rules and Regulations for the
Snowmobile Capital Equipment Grant in Aid Program
ADOPTED RULE NUMBER: 2002-411
CONCISE SUMMARY: The Rules for the Snowmobile Capital Equipment Grant
Program are being changed to:
* To establish independent rules and guidelines for the purpose of snowmobile
clubs or political subdivisions to receive a grant for purchased snowmobile
grooming equipment. Previously, the rules for the Capital Equipment
Grant Program were a part of the Snowmobile Trail Maintenance Grant
Program.
* Rephrase certain rules to increase clarity and eliminate redundancy;
* Reorganize rules to provide a more logical grouping by subject.
EFFECTIVE DATE: October 30, 2002
AGENCY CONTACT PERSON: Karen B. Morgan/ Scott Ramsay AGENCY NAME: Department
of Conservation, Bureau of Parks and Lands, Off Road Vehicle Division
ADDRESS: State House Station 22, Augusta, ME 04330
TELEPHONE: (207) 287-4957/ 287-4956
AGENCY:
09-137 - Department of Inland Fisheries & Wildlife
CHAPTER
NUMBER AND TITLE: Ch. 1.- 1.02 (Ice Fishing Regulations)
ADOPTED RULE NUMBER: 2002-412
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has
adopted rules pertaining to ice fishing. This body of rules is printed
in its entirety in the Ice-in 2002 - March 31, 2003 Ice Fishing Regulations
Booklet available from the Department as well as license agents.
CHAPTER
NUMBER AND TITLE: Ch. 4.03, Deer Hunting (Open and Closed Areas)
ADOPTED RULE NUMBER: 2002-413
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted
a rule opening the Drakes Island and Wells Sanctuaries to deer hunting
with archery equipment by permit only as authorized by landowners. A
copy of the complete rule may be obtained from the Agency Contact Person.
TYPE
OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4 - 4.06
ADOPTED RULE NUMBER: 2002-414
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes
to adopt a rule amending the wild turkey hunting season as follows establishing
the dates for the split season to occur as follows: Season A: April
28 - May 3, 2003 and May 19 - May 24, 2003; Season B: May 5 - May 10,
2003 and May 12 - May 17, 2003; All hunters: May 26 - May 31, 2003.
(Permittees who have not taken a turkey during their designated season
will be allowed to hunt during the last week of the season). The rule
also increases the number of permits from 9,000 to 12,000 (6,000 each
Season A and 6,000 in Season B. A detailed copy of the proposed rule
may be obtained from the agency contact person listed below.
EFFECTIVE
DATE: November 2, 2002
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries
and Wildlife, 284 State Street - 41 State House Station, Augusta, ME
04330-0041
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov
AGENCY:
06-096 - Department of Environmental Protection
CHAPTER
NUMBER AND TITLE: Ch. 850, Identification of Hazardous Waste
ADOPTED RULE NUMBER: 2002-415
CONCISE SUMMARY: This rule modifies the universal waste portions of
the Hazardous Waste Management Rules. Specifically, it adds two additional
waste streams to those eligible for management under the universal waste
portion of the rule. These waste streams are mercury devices and motor
vehicle mercury switches. The rules contain management standards for
these additional waste streams plus minor changes to other portions
of the universal waste rules.
CHAPTER
NUMBER AND TITLE: Ch. 853, Licensing of Hazardous Waste Transporters
ADOPTED RULE NUMBER: 2002-416
CONCISE SUMMARY: This rule modifies the transporter provisions for universal
wastes. Specifically, the rule eliminates the need for an EPA ID number
for universal waste transporters and clarifies the insurance provisions.
CHAPTER
NUMBER AND TITLE: Ch. 856, Licensing of Hazardous Waste Facilities
ADOPTED RULE NUMBER: 2002-417
CONCISE SUMMARY: This rule adopts an abbreviated license provision for
electronic demanufacturing facilities.
EFFECTIVE
DATE: November 3, 2002
AGENCY CONTACT PERSON: Stacy A. Ladner
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2651
AGENCY:
10-144 - Department of Human Services, Bureau of Health, Division
of Health Engineering, Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 231, State of Maine Rules Relating
to Drinking Water
ADOPTED RULE NUMBER: 2002-418
CONCISE SUMMARY: The changes to the State of Maine Rules Relating to
Drinking Water involve updating the specific rule sections to coincide
with the changes mandated by the Federal Safe Drinking Water Act and
the changes made to Maine Statute.
EFFECTIVE DATE: November 3, 2002
AGENCY CONTACT PERSON: Ebrahim Habib
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 11, Augusta, ME 04333
TELEPHONE: (207) 287-6471
TTY: (207) 287-2070
© Department
of the Secretary of State
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