December 6, 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.
AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 502, Registration, Reporting and Payment of Tax Under the Special Fuel Tax Act
PROPOSED RULE NUMBER: 2006-P335
CONCISE SUMMARY: The Bureau of Revenue Services is proposing the repeal of this rule, which is unnecessary since its subject matter is adequately covered in statute.
RULE TITLE OR SUBJECT: Ch. 701, Redemption of Cigarette Tax Stamps and Meter Impressions
PROPOSED RULE NUMBER: 2006-P336
CONCISE SUMMARY: The Bureau of Revenue Services is proposing the repeal of this rule, which is unnecessary since its subject matter is either obsolete or is adequately covered in statute.
RULE TITLE OR SUBJECT: Ch. 702, Vending Machines
PROPOSED RULE NUMBER: 2006-P337
CONCISE SUMMARY: This rule pertains to the taxation of cigarettes sold through vending machines. The Bureau of Revenue Services is proposing repeal of the rule, which is unnecessary since its subject matter is adequately covered in statute.
RULE TITLE OR SUBJECT: Ch. 705, Losses or Damage in Transit, and by Theft, Fire or Other Casualty
PROPOSED RULE NUMBER: 2006-P338
CONCISE SUMMARY: This rule pertains to the taxation of cigarettes that are lost or damaged in transit or by theft or fire or other casualty. The Bureau of Revenue Services is proposing repeal of the rule, which is unnecessary since its subject matter is adequately covered in statute.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §112
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: January 10, 2007
AGENCY CONTACT PERSON: David Bauer, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 626-8483
AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25, Lobster and Crab:
Ch. 25.96(B)(2)(d), Zone D Apprentice Requirement, and
Ch. 25.96(B)(3)(b)(ii)(2)(d), Zone D Apprentice Sponsor Requirement
ADOPTED RULE NUMBER: 2006-495
CONCISE SUMMARY: The Department of Marine Resources adopts regulations in Chapter 25.96 based on a referendum response by Zone D members and a recommendation of the Zone D Lobster Management Council members to the Commissioner submitted in accordance with the provisions of 12 MRSA §6447(6). These regulations establish two new requirements in Zone D. Apprentices who wish to enter Zone D must complete their apprenticeship in that zone, and sponsors of Zone D apprentices must have held a Class I, II or III lobster and crab fishing license for at least 5 years. In accordance with 12 MRSA §6447(5-C), current apprentices are grandfathered for the length of the program that they began their apprenticeship in.
EFFECTIVE DATE: January 1, 2007
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: Attn L. Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500
AGENCY: 06-096 - Maine Department of Environmental Protection
CHAPTER NUMBER AND TITLE: (1) Ch. 305, Permit by Rule, and (2) Ch. 310, Wetlands and Waterbodies Protection
ADOPTED RULE NUMBER: 2006-496 and 497
CONCISE SUMMARY: Changes to Chapter 305, the Natural Resource Protection Act Permit by Rule Standards, are intended to: (1) add a permit by rule (PBR) section to Ch. 305 to allow permit by rule for activities in, on or over significant vernal pool habitat, and meeting specified requirements, as required by PL 2003 c.183, sec. 1(16) and Ch. 335(9)(D); (2) add a PBR section to Ch. 305 for activities in existing developed areas and located in, on, or over high or moderate value inland waterfowl and wading bird habitat, or shorebird nesting, feeding, and staging areas; (3) make amendments to Ch. 305 necessary to conform with recent changes to Chapter 355, Coastal Sand Dune Rules; (4) update Ch. 305(11), State Transportation Facilities, as a result of discussions with Maine Dept. of Transportation; and (5) do additional minor updating.
Amendments to Chapter 310 include changes necessary as a result of PL 2003, c. 592, including reducing the size of projects eligible for an exception from compensation requirements; and additional minor updating.
EFFECTIVE DATE: December 5, 2006
AGENCY CONTACT PERSON: Hetty Richardson, Maine Department of Environmental Protection, 17 State House Station, Ray Bldg., Hospital St., Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7799