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Home > Weekly Newspaper Notices > June 28, 2006

June 28 , 2006

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 internet at: http://www.maine.gov/sos/cec/rules.


PROPOSALS



AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 31, Potato Marketing Improvement Fund
RULE NUMBER: 2006-P158
CONCISE SUMMARY: This rule change will increase the amount of total project cost in the New Facilities Loan Fund eligible to be funded at 45%. Total eligible project cost fundable at 45% will be increased from $500,000 to $750,000. Project costs exceeding $750,000 will be eligible for funding at 25%. This rule change will update eligible loan amounts to partially reflect the effects of inflation on project costs. The rule also eliminates the Potato Market Improvement Committee and replaces it with the Maine Potato Board for providing advise and oversight of the program for the Commissioner of Agriculture.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA Ch. 110 §1023-N, and 7 MRSA Ch. 103 §973-A.
PUBLIC HEARING: None Scheduled at this time.
DEADLINE FOR COMMENTS: 5:00 p.m., Monday, July 31, 2006
AGENCY CONTACT PERSON: Mary Ellen Johnston, Director, Division of Market and Production Development, Department of Agriculture, Food and Rural Resources, 28 State House Station, AMHI Annex, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3491
FAX: (207) 287-5576



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 60, Medical Supplies and Durable Medical Equipment
PROPOSED RULE NUMBER: 2006-P159
CONCISE SUMMARY: The Department is proposing changes to Section 60.07.1 (requirements), section 60.07-6 (emergency equipment), appendix A.11 (cochlear implants), appendix A.l2 (negative pressure wound therapy), and appendix B.6 (bone growth stimulators). Section 60.07-1 updates and clarifies the policy for medical supplies and durable medical equipment. Section 60.07-6 outlines the procedure for emergency rental, including definitions, prior authorization, and reimbursement. Appendix A.l1 clarifies the policy for approval of cochlear implants and adds language to authorize cochlear implants for children ages one and older. Appendix A.l2 adds criteria for negative pressure wound therapy, including prior authorization, covered equipment and supplies, requirements for continued coverage, and types of wounds for which this therapy may be used. Appendix B.6 adds criteria for spinal bone growth stimulators and updates the criteria for nonspinal bone growth stimulators.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173, PL 2003 Ch. 673, Part MM
PUBLIC HEARING: Thursday, July 20, 2006, 10 a.m., Conference Room 1A, Department of Health and Human Services, 442 Civic Center Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before Monday, July 17, 2006.
DEADLINE FOR COMMENTS: Comments must be received by midnight Monday, July 31, 2006.
AGENCY CONTACT PERSON: Jane Connors, Office of Maine Care Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333 TELEPHONE: (207) 287-9360
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 06-096 - Maine Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 543, Rules to Control the Subsurface Discharge of Pollutants
PROPOSED RULE NUMBER: 2006-P160
CONCISE SUMMARY: This proposed rule repeals and replaces the rule originally adopted in 1983.
The proposed rule describes the regulatory requirements for discharging wastewater into the ground in Maine. This chapter is the state's companion rule to the federal Underground Injection Control Program (40 CFR, Part 144) and integrates existing state and federal subsurface wastewater disposal requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 38, Maine Revised Statutes Annotated Section 413(1-B)
PUBLIC HEARING: No public hearing is planned. If you wish to request a public hearing, you must do so in writing. A request for a public hearing should be directed to the agency contact person listed below and must be received before the deadline for comments.
DEADLINE FOR COMMENTS: July 28, 2006 at 5:00 p.m. Written comments may be submitted to the agency contact person by mail at the address below, by fax at (207) 287-7826, or by email at Robert.D.Stratton@maine.gov. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that the risk of nondelivery associated with submissions by fax or email is on the sender. A copy of the rule is available upon request from the contact below, and on the web at:
http://www.maine.gov/dep/blwq/rule.htm
AGENCY CONTACT PERSON: Robert D. Stratton Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017
PHONE: (207) 287-6114



AGENCY: 16-163 - Emergency Medical Services
RULE TITLE OR SUBJECT: Maine Emergency Medical Services System Rules, Ch. 2, 3-A, 5-A, 9-A
PROPOSED RULE NUMBER: 2006-P161 through P164
CONCISE SUMMARY: The proposed rules changes will:
* Amend definitions to incorporate Emergency Medical Dispatch (EMD);
* Establish EMD Service certification requirements;
* Establish individual EMD provider certification requirements;
* Set standards for EMD protocols, equipment, training, instructors, continuing education, quality assurance, and a functional position description of an Emergency Medical Dispatcher.
Copies of the proposed rules and summary document will be available to view or download from the Maine EMS website at http://www.maine.gov/dps/ems/emd/index.html
THESE RULES WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
Course fees and protocols are paid for through E-9-1-1 funds, however, if a municipality or county chooses to have a Public Safety Answering Point (PSAP), they may incur some staffing costs when personnel are sent for training.
STATUTORY AUTHORITY: 32 MRSA §§ 84, 85-A, 88
PUBLIC HEARINGS:
* Monday, July 17, 2006 – Department of Public Safety, Central Maine Commerce Center, DeChamplain Room, Augusta, Maine at 9:00 a.m.
* Monday, July 17, 2006 – Maine State Police Houlton Barracks, 1 Darcie Drive, Houlton, Maine at 9:00a.m. (via videoconference with Augusta)
* Tuesday, July 18, 2006 – Knox Center for Long-Term Care, 8 White Street, Rockland Room, Rockland, Maine at 2:00 p.m.
* Wednesday, July 19, 2006 - Central Maine Medical Center, Conference Room H, Lewiston, Maine at 3:30 p.m.
* Thursday, July 20, 2006 – Downeast Community Hospital, McBride Building Boardroom, Machias, Maine, at 9:00 a.m.
* Thursday, July 20, 2006 – Eastern Maine Community College, Rangeley Hall, Room 501B, Sylvan Road, Bangor, Maine at 3:00 p.m.
* Friday, July 21, 2006 – Cape Elizabeth Fire Department, 325 Ocean House Road, Cape Elizabeth, Maine at 9:00 a.m.
* Friday, July 21, 2006 – The Senior Center, 36 Main Street, York, Maine at 1:30 p.m.
DEADLINE FOR COMMENTS: August 1, 2006
AGENCY CONTACT PERSON: David Kingdon, Maine Emergency Medical Services, 152 State House Station, Augusta, ME 04333-0152
TELEPHONE: (207) 626-3866
FAX: (207) 287-6251



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #26, Producer Margins
PROPOSED RULE NUMBER: 2006-P165
CONCISE SUMMARY: The principal reason for this rulemaking is to up-date producer margins.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §2954
PUBLIC HEARING: July 21, 2006, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 31, 2006
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521


ADOPTIONS



AGENCY: 94-411 - Maine State Retirement System
CHAPTER NUMBER AND TITLE: Ch. 510, Reduction of Disability Retirement Benefits Because of Disability Benefits Received by Other Laws
ADOPTED RULE NUMBER: 2006-269
CONCISE SUMMARY: This rule sets forth the methodology by which monthly Retirement System disability retirement benefits are reduced when the individual receiving such benefits also receives a lump-sum settlement of benefits under the Workers' Compensation or similar law or the United States Social Security Act for the same disability.
CHAPTER NUMBER AND TITLE: Ch. 303, Actuarial Factors Tables
ADOPTED RULE NUMBER: 2006-270
CONCISE SUMMARY: This rule specifies the actuarial factors and tables to be used in administering the benefit plans of the Maine State Retirement System, the Maine Legislative Retirement System and the Maine Judicial Retirement System.
EFFECTIVE DATE: June 21, 2006
AGENCY CONTACT PERSON: Kathy Morin, Maine State Retirement System, 46 State House Station, Augusta, ME 04333-0046 TELEPHONE: (207) 512-3190 or 1 (800) 451-9800



AGENCY: 10-144 - Department of Health and Human Services, Maine CDC
CHAPTER NUMBER AND TITLE: Ch. 250, Rules Relating to Smoking in the Workplace
ADOPTED RULE NUMBER: 2006-271
CONCISE SUMMARY: Section 8 are emergency major substantive rules for club smoking implementation and voting requirements as required by P.L. 2005 ch. 581 (effective September 1, 2006).
EFFECTIVE DATE: June 21, 2006
AGENCY CONTACT PERSON: Natalie Jackson, Partnership for a Tobacco-Free Maine, Maine CDC, Department of Health and Human Services, Key Plaza, 4th Floor, State House Station 11, Augusta, ME 04333
TELEPHONE: (207) 287-6027



AGENCY: 10-144 - Department of Health and Human Services
CHAPTER NUMBER AND TITLE: Ch. 293, Lead Poisoning Prevention Fee Rules
ADOPTED RULE NUMBER: 2006-272
CONCISE SUMMARY: These rules implement the Lead Poisoning Prevention Fee which will fund the program of the Lead Poisoning Prevention Fund. The fee will be paid by manufacturers, brand name or private label owners and importers who sell or distribute paint in the state of Maine. The rules describe which persons are subject to the fee, the methods of calculating the fee, reporting and payment requirements, and establish a low quantity exemption.
EFFECTIVE DATE: July 1, 2006
AGENCY CONTACT PERSON: Andrew E. Smith, S.M., Sc.D, State Toxicologist and Director, Environmental & Occupational Health Program, Maine Center for Disease Control and Prevention, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5189



AGENCY: 10-149 - Department of Health and Human Services, Office of Elder Services (OES)
CHAPTER NUMBER AND TITLE: Ch. 5, Office of Elder Services Policy Manual: Section 10, The State Agency
ADOPTED RULE NUMBER: 2006-273
CONCISE SUMMARY: These routine technical rules amend Section 10, The State Agency, as follows:
* Change agency name as required by law, PL 05, c. 412.
* Correct, update and clarify authorizing legislative and regulatory citations.
* As required by the federal Administration on Aging requirements, for agreements beginning 7/1/06, to better reflect the growing percentage of people aged 75 and older in Maine's population and to add consideration for the rural nature of certain areas (rurality) in Maine as a factor in order to allocate service funds granted by the Administration on Aging as fairly and accurately as possible among the state's five area agencies on aging.
EFFECTIVE DATE: July 1, 2006
AGENCY CONTACT PERSON: John Baillargeon, Office of Elder Services, #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9200
TOLL FREE: 1 (800) 262-2232
TOLL FREE TTY: 1 (888) 720-1925



AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 203, Rules for the Participation in the Maine Chronic Wasting Disease Surveillance Program
ADOPTED RULE NUMBER: 2006-274
CONCISE SUMMARY: This rule outlines the criteria for participating in the Chronic Wasting Disease Surveillance Program.
CHAPTER NUMBER AND TITLE: Ch. 204, Rule for the Licensing of Farmed Cervids
ADOPTED RULE NUMBER: 2006-275
CONCISE SUMMARY: This rules outlines the criteria for the licensing and inspection of domestic cervid (deer, elk and other cervid) farms.
EFFECTIVE DATE: June 27, 2006
AGENCY CONTACT PERSON: Shelley F. Doak, Director, Department of Agriculture, Food and Rural Resources, 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-7610



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #301, Food Stamp Certification Manual, Rev. #149E - (ABAWDS)
ADOPTED RULE NUMBER: 2006-276
CONCISE SUMMARY: This rule will allow Able Bodied Adults Without Dependents (ABAWDS) an exemption if they are already exempt from work registration requirements. It removes The Department’s existing policy allowing a 15% exemption option for those ABAWDS with no other exemption. This rule further makes some editorial changes to clarify current program requirements. This rule clarifies reporting requirements for ABAWDS.
In addition, this rule updates the geographic areas whose residents are exempt from the three-month time-limited rule for ABAWDS due to the area having an unemployment rate of at least 20% higher than the national average for a specific 24-month period. Residents of the following municipalities are added to the exempted list: Connor Unorg., Houlton, Perham, Bar Harbor, Amherst, Troy, Liberty, Ogunquit and South Berwick.
The residents of the following municipalities will no longer have a geographic exemption: Cary Plt., Crystal, Hersey, Island Falls, Moro Plt., New Canada, New Sweden, Oakfield, Orient, Weston, Winterville Plt., LaGrange, Mt. Chase, Patten and Stacyville.
EFFECTIVE DATE: June 22, 2006
AGENCY CONTACT PERSON: Richard P. Morrow, Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (800) 606-0215



AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 9, Harvester: Shellstock Harvesting, Handling and Sanitation – Compliance Updates
ADOPTED RULE NUMBER: 2006-277
CONCISE SUMMARY: These adopted regulations provide for compliance and consistency with new shellfish law changes effective September 17, 2005 pursuant to public law, chapter 434 (L.D. 1449) and the National Shellfish Sanitation Program Model Ordinance under the federal U.S. Food and Drug Administration. The new law requires that shellfish harvesters only sell the shellstock they harvest to a wholesale seafood license holder certified under the Maine Revised Statutes, Title 12, §6856, except that harvester license holders can sell shellstock they harvest from their home as a retail sale in accordance with 12 MRSA § 6601. Harvesters cannot shuck shellfish. Harvesters of mahogany quahogs, other quahogs and mussels (hand-raked and dragged) must tag their shellstock with a harvester's tag; with the exception to this under the procedures to obtain a bulk tagging permit by certified dealers remains unchanged. Shellfish harvesters who are also certified dealers must tag their shellfish at the time of harvest with their harvester tags; with the exception to this under the procedures to obtain a bulk tagging permit by certified dealers. Shellfish harvesters for all species cannot ship product on a common carrier. Also, due to enforcement issues and public health risks the shellstock temperature control time has been reduced to 16 hours.
EFFECTIVE DATE: June 27, 2006
CHAPTER NUMBER AND TITLE: Ch. 15, General Shellfish Sanitation Requirements
ADOPTED RULE NUMBER: 2006-278
CONCISE SUMMARY: The adopted amendments provide compliance and consistency with new shellfish law changes effective September 17, 2005 pursuant to public law, chapter 434 (L.D. 1449) and the National Shellfish Sanitation Program (NSSP) Model Ordinance (MO) under the federal U.S. Food and Drug Administration. This new law requires that shellfish harvesters only sell the shellstock they harvest to a wholesale seafood license holder certified under the Maine Revised Statutes, Title 12, §6856, subject to an exception for licensed shellfish harvesters to sell out of their own homes in the retail trade. References to the previous harvester activity have been removed. Certified dealers who also hold a harvester license must tag their shellfish at the time of harvest with their harvester tags unless they hold a bulk tagging permit. Harvesters of mahogany quahogs and mussels (hand-raked and dragged) selling to certified dealers at locations other than permanent facilities remains in place with clarifications added. The permit requirement regarding origin of shellfish for depuration and relay would be added. The terms ‘keep refrigerated’ and ‘country of origin’ would be added to the respective tag requirements.
EFFECTIVE DATE: June 27, 2006
CHAPTER NUMBER AND TITLE: Ch. 25.08(A)(3), Double Tagging in Zone G & Zone F
ADOPTED RULE NUMBER: 2006-279
CONCISE SUMMARY: The double lobster trap tagging provision has been adopted. This regulation requires the use of removable tags by non-Zone G lobstermen, who fish in Zone G, when fishing traps in Zone G, and by non-Zone F lobstermen, who fish in Zone F, when fishing traps in Zone F. This measure is intended to increase the Marine Patrol’s ability to enforce the current 49/51% trap component of the Lobster Zone Limited Entry rules of Zone G and Zone F. This tagging requirement is effective September 1, 2006.
EFFECTIVE DATE: September 1, 2006
CHAPTER NUMBER AND TITLE: Ch. 36.01(A)(5),(6)&(7), Herring Regulations, Area 1, 2 & 3 Definitions
ADOPTED RULE NUMBER: 2006-280
CONCISE SUMMARY: The Atlantic States Marine Fisheries Commission’s (ASMC) Atlantic Herring Section approved Amendment 2 to the Interstate Fishery Management Plan (FMP) for Atlantic Herring on January 25, 2006. In part, the Amendment redefines Managements Areas 1B, 2, and 3, resulting in a larger area covered by Management Area 3 (Georges Bank). This proposed regulation would be effective January 1, 2007 for compliance with the ASMFC FMP Amendment 2 for Atlantic herring.
EFFECTIVE DATE: January 1, 2007
CHAPTER NUMBER AND TITLE: Ch. 36.01(D)(1), Herring Regulations, Spawning Area Restrictions
ADOPTED RULE NUMBER: 2006-281
CONCISE SUMMARY: The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section approved Amendment 2 to the Interstate Fishery Management Plan for Atlantic Herring on January 25, 2006. In part, the Amendment, and these regulations, implements a ‘zero tolerance’ provision during spawning closures, prohibiting any vessel from the transfer, landing or possession of spawn herring (stages V or VI) from or within a restricted spawning area. There is no change to the Eastern Maine fixed gear fisheries exemption from spawning restrictions. This regulation becomes effective August 15, 2006.
EFFECTIVE DATE: August 15, 2006
CHAPTER NUMBER AND TITLE: Ch. 50.02(B), Spiny Dogfish and Coastal Sharks – Spiny Dogfish Limit
ADOPTED RULE NUMBER: 2006-282
CONCISE SUMMARY: This adopted regulation implements a trip limit for spiny dogfish in Maine’s territorial waters of 600 pounds when a concurrent federal and state waters closure is not in effect. This amendment provides compliance with, and contributes to, the stock rebuilding objectives of the ASMFC Fisheries Management Plan for spiny dogfish.
EFFECTIVE DATE: June 27, 2006
CHAPTER NUMBER AND TITLE: Ch. 50.01 and 50.10, Spiny Dogfish and Coastal Sharks - “Finning” Prohibited and definitions
ADOPTED RULE NUMBER: 2006-283
CONCISE SUMMARY: These adopted regulations implement a prohibition in Maine’s territorial waters for the process of “finning” spiny dogfish or coastal sharks. This measure provides enforcement consistency with the National Marine Fisheries Service federal regulations for sharks (CFR 635.30) and the Atlantic States Marine Fisheries Commission (ASMFC) Fisheries Management Plan for spiny dogfish.
EFFECTIVE DATE: June 27, 2006
CHAPTER NUMBER AND TITLE: Ch. 55.04(D), Maine Gillnet Bait Fishing Regulations, New Meadows River restrictions
ADOPTED RULE NUMBER: 2006-284
CONCISE SUMMARY: These adopted regulations implement a four hour tending and hauling requirement to fish bait gillnets in the New Meadows River north of a line from Hopkins Island to a point on the Phippsburg shore south of the ‘Basin’ Cove entrance. This rule expires after two seasons on December 31, 2007.
EFFECTIVE DATE: June 27, 2006
AGENCY CONTACT PERSON: Laurice U. 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) 633-9584
TTY: (207) 633-9500