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Weekly Rulemaking Notices Contact Us Find It

September 7, 2005
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/rules/.


PROPOSALS

AGENCY: 06-096 - Board of Environmental Protection
RULE TITLE: Ch. 685, Payment and Reimbursement of Oil Transfer Fees
PROPOSED RULE NUMBER: 2005-P198
CONCISE SUMMARY: The rule sets forth the procedure for paying fees on the transfer and transport of oil. Maine law at 38 MRSA 551, sub-4, and 569-A, sub-5, requires marine oil terminal operators and persons who transport oil into Maine by road or rail to pay a fee ranging from 3 per barrel on unrefined crude oil to 38 per barrel on gasoline. The fees are deposited in the Maine Coastal and Inland Surface Oil Clean-up Fund and the Ground Water Oil Clean-up Fund to pay costs incurred by the department to prevent, contain and clean up oil spills.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 38, Maine Revised Statutes Annotated, 341-D, sub-1-B
PUBLIC HEARING: The board does not plan to hold a public hearing on the proposed rule.
DEADLINE FOR COMMENTS: Comments on the rule must be received by Friday, October 7, 2005. Comments may be submitted by regular mail, electronic mail or FAX. Please direct comments to: John James, DEP-BRWM, 17 State House Station, Augusta, ME 04333.
E-MAIL: john.james@maine.gov FAX: (207) 287-7826
AGENCY CONTACT: For more information or to request a copy of the rule, call John James at (207) 287-7866 or john.james@maine.gov.


AGENCY: 10-144 - Department of Health and Human Services. Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Removes the Transitional Child Care Income and Fee Guideline charts from the Maine Public Assistance Manual, Rev. #78-P
PROPOSED RULE NUMBER: 2005-P199
CONCISE SUMMARY: This rule removes the TCC Income and Fee Guideline Charts from the Maine Public Assistance Manual.
The Maximum Gross Income Guideline Chart is used to determine eligibility for the TCC Program. The Fee Assessment Criteria Chart is used to determine the parents' fees for the TCC Program.
The Income and Fee Guideline Charts are provided to Eligibility Staff as information tools. This procedure eliminates the need to maintain the TCC Income and Fee Guidelines in the Maine Public Assistance Manual and eliminates the need to update the charts through the rulemaking process each year. The charts will be available to the general public at DHHS offices.
This procedure allows updated income guidelines and fee assessment criteria to be used on their effective dates.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3762-3790
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: October 7, 2005
AGENCY CONTACT PERSON Dean Henderson, TANF Program Manager
AGENCY NAME: Department of Health and Human Services, Bureau of Family Independence, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 09-137 Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2005-P200
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. An initiative to simplify and standardize brook trout regulations is being undertaken and a list containing the proposed changes to specific waters may be obtained by the Agency Contact Person listed below. These proposals were also contained on a list of waters advertised and made available earlier identified as "non-hearing proposals"; based on public input received regarding the list, the Department has scheduled a public hearing on the proposals.
STATUTORY AUTHORITY: 12 MRSA 10104
PUBLIC HEARING: Waterville Junior High School, West River Rd., Waterville, Maine, September 29, 2005 - 6:30 p.m.: Proposed simplification/standardization of brook trout regulations
DEADLINE FOR COMMENTS: October 11, 2005
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov


AGENCY: 09-137 Department of Inland Fisheries & Wildlifef
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping (4.06, Wild Turkey Hunting Season)
PROPOSED RULE NUMBER: 2005-P201
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule amending the wild turkey hunting season by adding WMDs 10 and 11 to the turkey hunting zone and removing WMD 27. This is being done as a result of the adjustments made to the Wildlife Management Districts in an earlier rulemaking proceeding which takes effect with the spring wild turkey hunting season.
This rule also establishes the dates for the split season to occur as follows: Season A: May 1, 2006 - May 6, 2006 and May 22, 2006 - May 27, 2006; Season B: May 8, 2006 - May 13, 2006 and May 15, 2006 - May 20, 2006; All permit holders: May 29 - June 3, 2006. (Permittees who have not taken a turkey during their designated season will be allowed to hunt during the last week of the season). The proposed rule also repeals the permit process for issuing permits and proposes to implement a system for hunters to purchase permits based on their year of birth. During "even" years [e.g., 2006, 2008, 2010] hunters with "even" birth years will be authorized to hunt during Season A; hunters with "odd" birth years will be authorized to hunt during Season B. During "odd" years [e.g. 2007, 2009, 2011] hunters with "odd" birth years will be authorized to hunt during Season A; hunters with "even" birth years will be authorized to hunt during Season B. In addition, Youth Spring Wild Turkey Hunting Day will occur on the Saturday preceding the opening day of Season A (April 29, 2006). A detailed copy of the proposed rule may be obtained from the agency contact person listed below.
STATUTORY AUTHORITY: 12 MRSA 11701
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 7, 2005
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201


ADOPTIONS

AGENCY: 15-213 - Department of Defense, Veterans and Emergency Management, Military Bureau
CHAPTER NUMBER AND TITLE: Ch. 1, Maine Military Family Relief Fund
ADOPTED RULE NUMBER: 2005-351
CONCISE SUMMARY: These rules explain who is qualified to receive assistance from the Maine Military Family Relief Fund, how to apply for such assistance, the criteria used to determine whether to provide assistance, who has the authority to decide whether to provide assistance and for how much and describes an appeal process.
EFFECTIVE DATE: September 3, 2005
AGENCY CONTACT PERSON: Colonel Peter Golding
AGENCY NAME: Department of Defense, Veterans and Emergency Management
ADDRESS: 33 State House Station, Camp Keyes, Augusta, Maine 04333-0033
TELEPHONE: (207) 626-4328


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 104, Secondary Market Taxable Bond Program - Repeal of Rule
ADOPTED RULE NUMBER: 2005-352
CONCISE SUMMARY: Full repeal of rule in connection with provisions being added to other Authority Rules to govern loans or bonds formerly covered by this rule.
CHAPTER NUMBER AND TITLE: Ch. 105, Secondary Market Tax-Exempt Bond Program REPEAL
ADOPTED RULE NUMBER: 2005-353
CONCISE SUMMARY: Full repeal of rule in connection with provisions being added to other Authority Rules to govern loans or bonds formerly covered by this rule.
CHAPTER NUMBER AND TITLE: Ch. 106, Agricultural Operating Loan Insurance Program - Repeal of Rule
ADOPTED RULE NUMBER: 2005-354
CONCISE SUMMARY: This rule is being repealed based upon lack of funding and use.
CHAPTER NUMBER AND TITLE: Ch. 306, Maine Opportunity Job Grants Program - Repeal of Rule
ADOPTED RULE NUMBER: 2005-355
CONCISE SUMMARY: The rule is being repealed based upon current lack of funding and use.
CHAPTER NUMBER AND TITLE: Ch. 308, Overboard Discharge Replacement Program - Repeal of Rule
ADOPTED RULE NUMBER: 2005-356
CONCISE SUMMARY: The Authority is repealing this rule based upon lack of current funding and use, and because eligibility for such projects for insured loans has been added to the Authority's general loan insurance program.
CHAPTER NUMBER AND TITLE: Ch. 310, Waste Oil Furnace Program - Repeal of Rule
ADOPTED RULE NUMBER: 2005-357
CONCISE SUMMARY: The rule is being repealed based upon lack of current funding and use.
EFFECTIVE DATE: September 4, 2005
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 323, Electronic Business Transactions Standards
ADOPTED RULE NUMBER: 2005-358
CONCISE SUMMARY: Through this Order, we amend certain portions of the Electronic Business Transactions (EBT) Standards that are contained in Ch. 323 of our rules. These amendments to the EBT Standards are a consensus recommendation of the Maine EBT Working Group (EBTWG).
EFFECTIVE DATE: September 4, 2005
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831