May 30, 2007

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.

NOTICE OF PUBLIC HEARING

PROPOSED CONCEPT PLAN FOR PLUM CREEK’S LAND
IN THE MOOSEHEAD LAKE REGION, ZP 707
PISCATAQUIS AND SOMERSET COUNTIES, MAINE

PURPOSE: The Land Use Regulation Commission is seeking public comment on the petition to implement a proposed Concept Plan for Plum Creek’s Lands in the Moosehead Lake Region (ZP 707). The Commission received amendments to this Petition on April 27, 2007. The amended Petition was conditionally accepted for processing on May 18, 2007. The purpose of the hearing on this Petition is to allow the applicant, interested groups and the general public the opportunity to present testimony and evidence as to whether the applicant’s proposal meets the statutory criteria for approval under provisions of 12 M.R.S.A. 685-A(8-A) and Section 10.23,H of the Commission’s rules.
TIME AND PLACE: Final dates and locations for the hearing have not been set. Dates and locations will be established in a subsequent public notice to appear in various state newspapers and on the Commission’s web site (www.maine.gov/doc/lurc). The hearing is tentatively expected to begin no sooner than late October 2007.
HOW TO PARTICIPATE: All interested persons are invited to attend and offer testimony which would have a bearing on this proposal. The public is not required to submit written testimony before the hearing, nor file Petitions to Intervene, in order to testify. Members of the public may simply attend the hearing and give oral testimony during designated portions of the proceeding.

PETITIONS TO INTERVENE: The Commission chair has set a deadline of 5:00 P.M. on Wednesday, June 20, 2007, for persons interested in seeking Intervenor status in this matter to file a Petition to Intervene with the Commission pursuant to the applicable provisions of the Maine Administrative Procedure Act 5 M.R.S.A. Chapter 375, and Chapter 5 of the Commission’s rules (on the web: www.maine.gov/doc/lurc/reference/rulechapters/ch05.pdf). The Commission will act on any such petitions at its meeting of Wednesday, July 11, 2007. The public is not required to file Petitions to Intervene in order to testify.

Closing dates for the hearing record will be established in a subsequent public notice. Written comments should be sent to the Land Use Regulation Commission, 22 State House Station, Augusta, Maine, 04333-0022. Comments may also be submitted via e-mail to LURC@maine.gov.
DISABILITIES: Persons with disabilities planning to attend the hearing are requested to inform the Commission in advance so that arrangements can be made for services they may require.
FOR ADDITIONAL INFORMATION: A full copy of the Petition may be viewed at the Commission’s main office at 18 Elkins Lane, Harlow Building, Augusta, Maine. To view the petition at the Augusta office, call the office in advance at 207-287-2631. A copy may also be viewed at the agency’s web site at www.maine.gov/doc/lurc and at several public viewing sites in the Moosehead Lake region (locations are listed on the agency’s web site). Persons having questions may contact LURC (call 207-287-2631 or e-mail LURC@maine.gov).
LEGAL AUTHORITY: The hearing will be held under authority of 12 M.R.S.A., Chapter 206-A and will be conducted in accordance with the Commission's Rules for the Conduct of Public Hearings.
LAND USE REGULATION COMMISSION, Catherine M. Carroll, Director. Department of Conservation, 18 Elkins Lane – Harlow Building, 22 State House Station, Augusta, ME 04333-0022.
PHONE: (207) 287-2631. TTY: (207) 287-2213. FAX: (207) 287-7439.

PROPOSALS

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26.07(1), Sea Urchin Harvesting Season 2007-2008 ~~2006-2007~~ – Zone 1
PROPOSED RULE NUMBER: 2007-P107
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA §6171, §6171-A and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 for 2007-2008.
The Department proposes a 10 day season for divers, trappers, rakers and draggers in 2007-2008, which was the same length of season in 2006-2007. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers will have a choice of fishing 10 days in September or 10 days in December.
RULE TITLE OR SUBJECT: Ch. 26.07(2), Sea Urchin Harvesting Season 2007-2008 ~~2006-2007~~ – Zone 2
PROPOSED RULE NUMBER: 2007-P108
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA §6171, §6171-A and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 for 2007-2008. The Department proposes a 45 day season for divers, trappers, rakers and draggers in 2007-2008, which was the same length of season in 2006-2007. The Sea Urchin Zone Council recommended the selection of these particular days.
STATUTORY AUTHORITY: 12 MRSA §6171, §6171-A and §6749
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
AGENCY CONTACT PERSON: Margaret Hunter (tel: 207-633-9500)
PUBLIC HEARINGS: Monday, June 18, 2007, 6:00 p.m.*, Science Building Lecture Hall, 9 O’Brien Ave., Univ. of Maine, Machias (*The Zone 2 season proposed rules will be followed by proposed season rules for Zone 1; see separate rulemaking notice.)
Wed., June 20, 2007, 6:00 p.m.*, Lincoln County Communication's Center Meeting Room (lower entrance behind the courthouse), Route 1, Wiscasset (*The Zone 1 season proposed rules will be followed by proposed season rules for Zone 2; see separate rulemaking notice.)
If you are unable to attend a hearing persons are encouraged to submit written comments from the receipt or posting of this notice through the deadline listed.
DEADLINE FOR WRITTEN COMMENTS**: Monday, July 2, 2007
**MAIL WRITTEN COMMENTS TO:
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
TEL: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)
Hearing facilities: If you require accommodations due to disability, please contact Kim Pierce, at (207) 287-5055

AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #07-07
PROPOSED RULE NUMBER: 2007-P109
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: June 22, 2007, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: June 22, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7521

ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #06-07
ADOPTED RULE NUMBER: 2007-221
CONCISE SUMMARY: Minimum June 2007 Class I price is $21.09 plus $1.35/cwt. for Producer Margins, an over-order premium of $1.85/cwt. as being prevailing in Southern New England and $0.00/cwt. handling fee for a total of $24.49 that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm
EFFECTIVE DATE: June 3, 2007
AGENCY CONTACT PERSON; Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521

AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 150, Free Care Guidelines
ADOPTED RULE NUMBER: 2007-222
CONCISE SUMMARY: The Office of Maine Care Services is adopting changes to 10-144 CMR, Chapter 150, Free Care Guidelines. Pursuant to L.D. 846 (122nd Legislature 2005), the adopted rule provides for eligibility for free care for persons below one hundred and fifty percent (150%) of the federal nonfarm income official poverty line as determined by the United States Secretary of Health and Human Services pursuant to Omnibus Budget Reconciliation Act of 1981. The Department adopted other grammatical changes and made changes to the appeal procedure in response to a comment.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 1, 2007
AGENCY CONTACT PERSON: Nicole Rooney, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-4460
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)

AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 10, Rules for the Agricultural Compliance Program
ADOPTED RULE NUMBER: 2007-223
CONCISE SUMMARY: These rules establish a procedure for handling complaints concerning farms and farm operations and complaints between farmers and their neighbors. Complaints against farming operations will be investigated by the Department which will recommend site specific best management practices intended to resolve agriculture related problems found to exist on the farm.
EFFECTIVE DATE: May 27, 2007
AGENCY CONTACT PERSON: Mark F. Hedrich, Department of Agriculture, Food & Rural Resources, State House Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-7608

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 11.15, Scallop Research Conservation Areas, Beals - Jonesport
ADOPTED RULE NUMBER: 2007-224
CONCISE SUMMARY: Two small areas of state waters are closed to all diver and mobile gear fishing in Moosebec Reach for a period of 3 years to conduct a scallop enhancement and re-colonization experiment. Within these two small areas, research will be conducted to determine the best methods of handling, moving, and placing sea scallops on the bottom and to determine their survival rate over time. The Department adopts these major substantive regulations pursuant to 12 MRSA §6171(5) subsequent to legislative review and Resolve effective May 18, 2007.
EFFECTIVE DATE: June 22, 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
TEL: (207) 633-9584
TTY: (207) 633-9500