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Home > Weekly Newspaper Notices > May 20, 2009

May 20, 2009

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: 01-017 – Maine State Harness Racing Commission
RULE TITLE OR SUBJECT: Ch. 11 – Medication and Testing, Section 7 Out of Competition Testing
PROPOSED RULE NUMBER: 2009-P112
CONCISE SUMMARY: This proposed rule allows for out of competition testing of horses that participate at Maine's licensed racetracks; establishes the protocol of who may obtain test samples and where the test samples are to be collected; establishes the testing requirements of those test samples collected; establishes the notification protocol of the testing laboratory and Commission of a positive test; establishes the protocol for requesting split sample testing in the event a positive test is reported.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA §§263-A, 268, 275-C, 279-A and B
PUBLIC HEARING: June 10, 2009 , 12:30 pm , Gambling Control Board Room, Department of Public Safety, 45 Commerce Drive, Suite 1 , Augusta , Maine 04333-0104
DEADLINE FOR COMMENTS: June 22, 2009
RULE TITLE OR SUBJECT: Ch. 11 – Medication and Testing, Section 6 Androgenic-Anabolic Steroids (AAS)
PROPOSED RULE NUMBER: 2009-P113
CONCISE SUMMARY: The proposed rule prohibits the use of certain Androgenic-Anabolic Steroids (AAS); establishes limits of the naturally occurring AAS; establishes the drug classification of the AAS; and establishes the penalty of the rule violation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA §§263-A, 268, 275-C, 279-A and B
PUBLIC HEARING: June 10, 2009, 12:30 pm, Gambling Control Board Room, Department of Public Safety, 45 Commerce Drive, Suite 1, Augusta, Maine 04333-0104
DEADLINE FOR COMMENTS: June 22, 2009
RULE TITLE OR SUBJECT: Ch. 9 - Sire Stakes, Section 6 Conditions, Sub-section 7
PROPOSED RULE NUMBER: 2009-P114
CONCISE SUMMARY: The proposed rule change requires that in order for a horse to participate in the final event of the year it must have participated in at least one stake event during the calendar year.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA §§263-A, 268, 275-C, 279-A and B
PUBLIC HEARING: June 10, 2009, 12:30 pm, Gambling Control Board Room, Department of Public Safety, 45 Commerce Drive, Suite 1, Augusta, Maine 04333-0104
DEADLINE FOR COMMENTS: June 22, 2009
RULE TITLE OR SUBJECT: Ch. 7 – Racing, Section 72 Purse Distribution, #3
PROPOSED RULE NUMBER: 2009-P115
CONCISE SUMMARY: The proposed rule change allows the licensed racing association to enter a contractual agreement with a horsemen's association to deduct a certain portion of the purse winnings for disbursement to the driver and trainer of the horses receiving a portion of the purse in any given race.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA §§263-A, 268, 275-C, 279-A and B
PUBLIC HEARING: June 10, 2009, 12:30 pm, Gambling Control Board Room, Department of Public Safety, 45 Commerce Drive, Suite 1, Augusta, Maine 04333-0104
DEADLINE FOR COMMENTS: June 22, 2009
AGENCY CONTACT PERSON/RULE-MAKING LIAISON: Henry W. Jackson, Executive Director, Maine State Harness Racing Commission, 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-3221
EMAIL: henry.jackson@maine.gov


AGENCY: 90-351 – Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 3(5) – Electronic Filing of Proof of Coverage
PROPOSED RULE NUMBER: 2009-P116
CONCISE SUMMARY: This rule requires electronic filing by insurance companies of notice of the issuance, renewal or endorsement of any workers' compensation policy.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A MRSA §§152(2), 152(2-A) and 401(3)
PUBLIC HEARING: Monday, June 8, 2009, 9:00 am, Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Thursday, June 18, 2009 , 5:00 pm.
AGENCY CONTACT PERSON/RULE-MAKING LIAISON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, ME 04333-0027
TELEPHONE: (207) 287-7086
E- MAIL : john.rohde@maine.gov


AGENCY: 13-188 – Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 13 – Whelks and Periwinkles
PROPOSED RULE NUMBER: 2009-P117
CONCISE SUMMARY: The proposed regulations would implement a prohibition on the harvest by mechanical pump, suction methods, and or diving; establish a minimum size based on a quart sample count of 220; limit the maximum aggregate drag size to 4 feet in width; require culls and undersize to be released into marine waters; no night time dragging; require a no cost license endorsement; and provide an exemption for personal use. The primary concerns are that periwinkles are being suctioned from areas that would previously have been unavailable to harvest, therefore negatively impacting the broodstock population. Secondly the practice of grading periwinkles away from their habitat and or onshore is resulting in an unnecessary mortality of the periwinkle resource, in particular future broodstock.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARINGS: Tuesday, June 9, 2009 , 6:00 pm , UMM Science Lecture Hall, Room 102, 9 O'Brien Avenue, Machias
Wednesday, June 10, 2009 , 6:00 pm State Ferry Terminal, Conference Room 517A Maine Street , Rockland
DEADLINE FOR COMMENTS: June 22, 2009
To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Lt. Alan Talbot (207) 667-3373
AGENCY NAME: Department of Marine Resources, attn: L. Churchill, PO Box 8 , West Boothbay Harbor , Maine 04575-0008
WEB SITE: http://www.maine.gov/dmr/rulemaking/
E- MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: laurice.churchill@maine.gov
TELEPHONE: (207) 633-9584; FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing) If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.


AGENCY: 10-144 – Department of Health & Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health, Subsurface Wastewater Program
RULE TITLE OR SUBJECT: Ch. 227, State of Maine Rules for Licensing and Operation of Crematoria
PROPOSED RULE NUMBER: 2009-P118
CONCISE SUMMARY: The Division of Environmental Health proposes to establish rules related to the licensing and operation of facilities for cremation of human remains, in order to protect public health and more efficiently regulate such activity within the State of Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §1405
PUBLIC HEARING: June 12, 2009 , 1:00 pm to 5:00 pm at the Augusta Elks Club, Civic Center Drive, Augusta
DEADLINE FOR COMMENTS: June 26, 2009
AGENCY CONTACT PERSON/RULE-MAKING LIAISON: Tera R. Pare, J.D., Rulemaking Coordinator, Division of Environmental Health, 11 State House Station – 286 Water Street, 3 rd Floor, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5680; TTY: (207) 287-5550
E-MAIL: tera.pare@maine.gov


AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Expanded Archery Deer Season
PROPOSED RULE NUMBER: 2009-P119
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing to adopt a rule amending the Expanded Archery Deer Hunting Season areas by updating road names and routes within existing areas open as follows: the Portion of WMD 24 area, towns of Camden, Owl's Head, Rockland, Rockport and Thomaston area and Towns of Bangor, Hampden, Hermon, Old Town, Orono, and Veazie area. A copy of the proposed changes may be obtained from the Agency Contact Person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §11402
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: June 19, 2009
RULE TITLE OR SUBJECT: Ch. 10, Significant Wildlife Habitat
PROPOSED RULE NUMBER: 2009-P120
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing to amend its rules that define several Significant Wildlife Habitats, as described under 38 MRSA Section 480-B(10) by incorporating by reference definitions for high and moderate value tidal waterfowl and wading bird habitats, shorebird nesting, feeding, and staging areas, and vernal pools which can be found in the Code of Maine Rules 06-096, Dept. of Environmental Protection/General, Chapter 335, paragraph 9. A copy of the proposal may be obtained from the Agency Contact Person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: June 19, 2009
RULE TITLE OR SUBJECT: Ch. 4.03 – Deer Hunting Seasons – (I) Open and Closed Seasons – (7) Marsh Island in the City of Old Town, County of Penobscot
PROPOSED RULE NUMBER: 2009-P121
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule establishing the framework for a controlled hunting season for deer (with hand-held bow and arrow only) within the Marsh Island Sanctuary, in the City of Old Town. This is a permit-only hunt with permits being issued to licensed archery hunters authorized by a landowner. This special permit hunt will be for a specified period between September 1, and December 31. Each permit will specify the number and sex of the deer to be taken; eligible persons may obtain more than 1 permit. Deer taken under these permits are in addition to the statewide bag limit. The permit shall designate the timing and any other special conditions deemed necessary. All other laws and rules relating to deer hunting shall apply.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: June 19, 2009
RULE TITLE OR SUBJECT: Endangered Species
PROPOSED RULE NUMBER: 2009-P122
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has proposed four (4) additional designations of areas as Essential Habitat for Piping Plover and Least Tern nesting, feeding, and brood rearing. In addition, the Department is proposing to modify 8.05.C.3 the “Designation Criteria” for Piping Plover and Least Tern Essential Habitat; and 8.05.C.4 the “Interpretation of Essential Habitat Area Boundaries.”
One or more new Piping Plover nesting, feeding and brood-rearing areas are being designated in the towns of Biddeford , Cape Elizabeth , and Old Orchard Beach.
Designation of mapped sites by rule would require evaluation by Inland Fisheries and Wildlife of any projects partly or wholly within areas that require state or local permits, or are funded by, or carried out by, state or local governments, to determine if the projects would significantly alter or unreasonably harm the Essential habitat. Letters of notification and maps of proposed areas have been sent to all known affected landowners.
Modification of 8.05.C.3 the “Designation Criteria” for Piping Plover and Least Tern essential habitat would eliminate the criteria for “…record of nesting by at least one pair of Piping Plovers or Least Terns since 1986, …”
Modification of 8.05.C.4 the “Interpretation of Essential Habitat Area Boundaries” would incorporate the above Piping Plover nesting, feeding, and brood-rearing areas are being designated in the towns of Biddeford, Cape Elizabeth, and Old Orchard Beach into the section; it would also change the rule to indicate that aerial photographs depicting Piping Plover and Least Tern Essential Habitats are available in all Department offices.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §§10104, 12803, and 12804
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: June 19, 2009
AGENCY CONTACT PERSON/RULE-MAKING LIAISON: Andrea Erskine, Maine Department of Inland Fisheries & Wildlife, 41 State House Station, 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201; FAX: (207) 287-6395
E- MAIL : andrea.erskine@maine.gov