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March 3, 2004
as posted 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 adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 04-058 - Department of Conservation, Bureau of Forestry (Maine Forest Service)
RULE TITLE OR SUBJECT: Ch. 23, Timber Harvesting Standards to Substantially Eliminate Liquidation Harvesting (Major Substantive)
PROPOSED RULE NUMBER: 2004-P44
CONCISE SUMMARY: This rule establishes standards to substantially eliminate the practice of liquidation harvesting. Liquidation harvesting is defined as the purchase of timberland followed by a harvest that removes most or all commercial value in standing timber, without regard for long-term forest management principles, and the subsequent sale or attempted resale of the harvested land within 5 years. Timber harvesting which is inconsistent with the standards of this rule is prohibited on a parcel of land that is sold or offered for resale within five years of the date of purchase of the parcel.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Ch. 805, Public Law 2003 Ch. 422
PUBLIC HEARINGS:
1 - Tuesday, 23 March, 6:00 p.m.- 9:00 p.m., University of Maine Farmington campus, Conference Rooms B & C
2 - Wednesday, 24 March, 6:00 p.m.- 9:00 p.m., White Birches Motel, Ellsworth
3 - Thursday, 25 March, 6:00 p.m.- 9:00 p.m., University of Southern Maine, Gorham Campus, 3rd Floor Bailey Hall
DEADLINE FOR COMMENTS: 5:00 p.m. local time, 05 April 2004
AGENCY CONTACT PERSON: Donald J. Mansius
AGENCY NAME: Maine Forest Service
ADDRESS: 22 State House Station, Augusta, ME 04333-0022
TELEPHONE: (207) 287-4906
FAX: (207) 287-8422
EMAIL: donald.j.mansius@maine.gov
WEB: www.maineforestservice.org


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT:
Ch. 25.07, ASMFC Lobster Management Areas and Limitations (new), and
Ch. 25.08(B)(2), Lobster Trap Tag System
PROPOSED RULE NUMBER: 2004-P48
CONCISE SUMMARY: The Department proposes limitations for lobster management areas (LMA's) for compliance with the Atlantic States Marine Fisheries Commission (ASMFC) Interstate Fishery Management Plan (FMP) for American lobster. The ASMFC has approved a variety of area-by-area management measures, which include but are not limited to minimum/maximum gauge sizes, escape vent sizes, v-notch definitions, and trap limits. The FMP requires that all states implement and enforce the management measures in the areas under their jurisdiction. Persons holding a Maine lobster/crab fishing license and a federal lobster permit who select multiple LMA's would be required by the proposed rules to follow the most restrictive management measures for all LMA's declared. For persons who do not hold a federal lobster permit but do hold a Maine lobster/crab fishing license, the ASMFC FMP for American lobster requires lobster management area 1 to be added to trap tags.
PUBLIC HEARING: Tuesday, March 23, 2004, 6:00 p.m., Department of Marine Resources Large Conference Room, 200 McKown Point Road, West Boothbay Harbor, Maine

RULE TITLE OR SUBJECT: Proposed repeal of:
Ch. 25.50, Closed Season Regulation on Fishing for Crabs in Sheepscot River;
Ch. 25.55, Closed Season on Fishing for Crabs in Damariscotta River; and
Ch. 25.60, Closed Season on Fishing for Crabs in Medomak River
PROPOSED RULE NUMBER: 2004-P49
CONCISE SUMMARY: Lobster fishermen from the Sheepscot River area have requested the repeal of the closed fishing season for crabs from December 1 through April 30 on the basis that it is outdated and no longer necessary. There are two similar closures in the nearby Damariscotta and Medomak rivers. The Department will hold a public hearing to determine the merits of repealing each of the individual rivers' closure to the taking of crabs from December 1 through April 30. The Department welcomes comments on whether these rules are outdated and should or should not be repealed for each of the individual areas.
PUBLIC HEARING: Tuesday, March 23, 2004, 6:30 p.m., Department of Marine Resources Large Conference Room, 200 McKown Point Road, West Boothbay Harbor, Maine

RULE TITLE OR SUBJECT: Ch. 11.07(l)(a)(iii), Configuration of Drag - Technical correction
PROPOSED RULE NUMBER: 2004-P50
CONCISE SUMMARY: This proposed rulemaking would address the intent of regulations that became effective November 25, 2002 regarding the configuration of drags that are 3.5 feet or less. To accommodate slight variations in small drags Ch. 11.07(l)(a)(iii) would be amended to allow design changes on a case-by-case basis when approved by permit from the Commissioner. (No additional changes are proposed to the language in Ch. 11.07 in this rulemaking.)
PUBLIC HEARING: Tuesday, March 23, 2004, 7:00 p.m., Department of
Marine Resources Large Conference Room, 200 McKown Point Road, West Boothbay Harbor, Maine

DEADLINE FOR COMMENTS: Friday, April 2, 2004
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
AGENCY CONTACT PERSON: Terry Stockwell
MAIL WRITTEN COMMENTS TO: attn: L. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking/
TELEPHONE: (207) 633-9556
FAX: (207) 633-9679
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing). Hearing facilities: If you require accommodations due to disability, please contact Deborah Everett, at (207) 624-6567.


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #04-04
PROPOSED RULE NUMBER: 2004-P51
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING:
1:30 p.m., Friday, March 19, 2004 Room 233, Department of Agriculture - Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
March 19, 2004
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services RULE TITLE OR SUBJECT: Proposed Rule: Ch. 101, MaineCare Benefits Manual: Ch. II Section 94, Prevention, Health Promotion, and Optional Treatment Services. Ch. II Section 94 replaces Ch. V Section 2, Early and Periodic Screening, Diagnosis, and Treatment Services (EPSDT) which will be deleted.
PROPOSED RULE NUMBER: 2004-P52
CONCISE SUMMARY: Ch. II Section 94 reflects organizational and editorial revisions to update terminology and better communicate current policy now in use by the Bureau of Medical Services for provision of these services. Specific revisions include (1) adoption of the name Prevention, Health Promotion, and Optional Treatment Services to replace EPSDT, (2) removal of family planning agencies as providers of Bright Futures Health assessment visits as described in 94.03-1, (3) elimination of payment for analysis of soil, water or dust to determine lead content, (4) elimination of enhanced payment to Federally Qualified Health Centers and Rural Health Clinics for completing and submitting Bright Futures forms, and (5) removal of provisions already addressed in the MaineCare Benefits Manual, Ch. 1, General Administrative Policies and Procedures.
Concurrent with this rulemaking, the Department issued emergency Ch. V, Section 2, EPSDT rules to eliminate enhanced payments to Federally Qualified Health Centers and Rural Health Clinics for completing and submitting Bright Futures forms.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: March 22, 2004 10:00 a.m., Department of Human Services, Conference Room 3, 442 Civic Center Drive, Augusta, Maine
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
DEADLINE FOR COMMENTS: April 1, 2004
AGENCY CONTACT PERSON: Linda Schumacher
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9370 or (800) 321-5557
TTY: (800) 423-4331 or 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 27, Early Intervention Services.
PROPOSED RULE NUMBER: 2004-P53
CONCISE SUMMARY: The proposed rule continues changes made effective 1/23/2004 through 4/21/2004 via emergency rule. The proposed rule establishes the maximum reimbursement for developmental therapy mainstream programs to be fifty-five ($55) per day or the contracted Child Development Service (CDS) contracted rate, whichever is lower. Also, the reimbursement rate for a one-on-one aide in the mainstream program shall be six dollars and twenty-five cents ($6.25) per quarter hour (1/4) unit or the CDS contracted rate, whichever is lower. The rule also underscores that all payments are subject to audit by the Division of Audit to ensure conformity of billed rates with approved CDS contracted rates.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22 MRSA, 42, 3173
PUBLIC HEARING: A public hearing has been scheduled at 1:30 p.m. on March 24, 2004 in conference room 3, 442 Civic Center Drive, Augusta, Maine. Anyone in need of special accommodations for any scheduled public hearing is asked to contact Policy Development no later than March 16, 2004 at 287-9368 or at (800) 423-4331 (Deaf/Hard of Hearing).
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
DEADLINE FOR COMMENTS: April 5, 2004
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development
Bureau of Medical Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Emergency Rule: Ch. 101, MaineCare Benefits Manual: Ch. VI Section 1, Primary Care Case Management Services
ADOPTED RULE NUMBER: 2004-60
CONCISE SUMMARY: This emergency rule will discontinue payment of the monthly primary care case management fee to hospital based/owned physician practices that are reimbursed through the Medicare cost report.
Concurrent with this emergency rulemaking, the Department is proposing these changes through the regular rulemaking process to allow for public comment.
See www.state.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: February 20, 2004 - May 19, 2004
AGENCY CONTACT PERSON: Linda Schumacher
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9370
FAX (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/ Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 153, Mobile Equipment Repair and Refinishing
ADOPTED RULE NUMBER: 2004-61
CONCISE SUMMARY: The Department has adopted a rule addressing volatile organic compound (VOC) emissions from automotive repair and refinishing operations. Beginning January 1, 2005, owners and operators of mobile equipment repair and refinishing facilities (auto and truck body shops) will be required to use high transfer efficiency coating technologies that reduce the amount of coatings used (such as high volume low pressure spray guns), and spray gun cleaning technologies that reduce solvent emissions. The rule also establishes minimum training requirements for operators.
EFFECTIVE DATE: February 25, 2004
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: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #03-04
ADOPTED RULE NUMBER: 2004-62
CONCISE SUMMARY: Minimum March, 2004 Class I price is $15.19 plus $1.16/cwt. for Producer Margins and an over order premium of $ 1.10/cwt. as being prevailing in southern New England for a total of $17.45. Class II minimums set at $11.82 for January, 2004 which includes $0.15/cwt. for Producer Margins. These changes were passed on in minimum prices.
Minimum prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.htm
EFFECTIVE DATE: March 1, 2004
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance

CHAPTER NUMBER AND TITLE: Ch. 320, Minimum Standard for Alcoholism and Drug Dependency Benefits
ADOPTED RULE NUMBER: 2004-63
CONCISE SUMMARY: The purpose of the amendment is to make the rule consistent with 2003 Public Law Ch. 20, Part VV, which requires certain group policies to provide benefits for substance abuse that are equivalent to benefits for physical illnesses.

CHAPTER NUMBER AND TITLE: Ch. 330, Minimum Standard for Mental Illness Benefits - Revised
ADOPTED RULE NUMBER: 2004-64
CONCISE SUMMARY: The purpose of the amendments to Rule Ch. 330 is to make the rule consistent with 2003 Public Law Ch. 20, Part VV, which adds home health care to the list of services that must be covered for mental illness, and with 2001 Public Law Ch. 410, which repealed the requirement for small group carriers to offer standardized plans.

EFFECTIVE DATE: March 1, 2004
AGENCY CONTACT PERSON: Jennifer Rice
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta ME 04333
TELEPHONE: (207) 624-8460


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