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Home > Weekly Rule-making Notices > June 20, 2012

June 20, 2012

WEEKLY NOTICES 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. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Shellstock Time and Temperature Compliance:
Ch. 9, Harvester: Shellstock Harvesting, Handling and Sanitation;
Ch. 15, General Shellfish Sanitation Requirements;
Ch. 16, Uniform Physical Plant Equipment and Operation Requirements;
Ch. 17, Shucker-Packer;
Ch. 18, Shellstock Shipping Shipper;
Ch. 19, Reshipping Reshipper;
Ch. 20, Depuration
PROPOSED RULE NUMBER: 2012-P120 thru P126
CONCISE SUMMARY: In response to Interstate Shellfish Sanitation Conference (ISSC) Voting Delegate action on Proposal 11-201B the ISSC Executive Board adopted interim changes to the National Shellfish Sanitation Program (NSSP) Model Ordinance. These time/temperature changes are intended to support the Vibrio controls of the NSSP. FDA has concurred with these interim changes and the Executive Board has established an effective date of May 19, 2012.
Maine is a member of the ISSC and therefore is required to adopt the regulations as outlined in the NSSP Model Ordinance in order to ship shellfish across state lines. There are several pathogens that can cause illness from consumption of molluscan shellfish. Not all known pathogens associated with shellfish reproduce in the shellfish. However there are several pathogens that multiply in shellfish and present a health concern. Most Vibrios grow in shellfish and the rate of growth is dependent upon temperature. To minimize illness, the NSSP includes controls to limit exposure to warm temperatures. The controls begin at harvest and are applied at every level of processing and handling.
As authorized by 12 M.R.S. §6171-A(4-A) and 12 M.R.S. §6192 the Commissioner of Marine Resources adopted an emergency regulation dated June 19, 2012 because “immediate action is necessary to protect the public health or public safety or to prevent property damage or serious economic harm to the area in which marine resources are harvested.” This rulemaking proposal would make this emergency regulation permanent
In accordance with 5 M.R.S. §8052, sub-§5-A a statement of the impact on small business has been prepared. Information is available upon request from the DMR Commissioner’s office, State House station #21, Augusta, Maine 04333-0021, telephone (207) 624-6553.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6171, §6171-A(4-A) and 12 M.R.S. §6192
PUBLIC HEARING: Thursday, July 12, 2012 - 1 p.m. Natural Resource Service Center, 6 Beech Street Hallowell, Maine. Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: Monday, July 23, 2012. 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 PERSONS: J. Kohl Kanwit (207-633-9535), Department of Marine Resources, attn: K. Rousseau, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov .
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 803, Withholding Tax Reports and Payments
PROPOSED RULE NUMBER: 2012-P127
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Nanette Ardry, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9725. E-mail: Nanette.M.Ardry@Maine.gov .
PUBLIC HEARING: None scheduled at this time
COMMENT DEADLINE: July 23, 2012
BRIEF SUMMARY: MRS is proposing to amend a Rule 803 (“Withholding Tax Reports and Payments”). The following changes are being made to the proposed Rule. Section .01, subsection E is revised to be more precise. Section .04(C)(1) is amended to reference recently passed legislation related to minimum taxability thresholds. Section .06 is revised to create a new paragraph (1) and to reflect changes to pass-through entity filing and withholding, to cite new tax rates, and to create new automatic exemptions to filing in subsection C(1). An application date is added to the Rule. Revisions are also made to make language more precise and to correct format, including renumbering, correcting references and titles. A copy of the proposed Rule can be found on the MRS website at www.maine.gov/revenue (select Laws & Rules).
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 36 MRSA §112
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 36 MRSA Part 8, IRC §3401 et seq.
WEBSITE: http://www.maine.gov/revenue/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 100, Definitions; Ch. 115, Major and Minor Source Air Emission License Regulation; Ch. 140, Part 70 Air Emission License Regulation
PROPOSED RULE NUMBER: 2012-P128 thru P130
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Marc Cone, Maine Dept. of Environmental Protection, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. Fax: (207) 287-7641. E-mail: Marc.A.Cone@Maine.gov .
PUBLIC HEARING: No public hearing scheduled, 30-day written comment period with an opportunity for a hearing.
COMMENT DEADLINE: July 20, 2012, 5:00 p.m.
BRIEF SUMMARY: The Environmental Protection Agency finalized regulations to implement the New Source Review (NSR) program for fine particulate matter (PM2.5). The Department is proposing amendments to Ch. 115 and Ch. 140 to incorporate these PM2.5 updates. Amendments to the ambient air quality analysis and modeling/data collection protocol sections to include PM2.5 are also proposed. Plantwide applicability limits (PAL) requirements are included in Ch. 115. Ch. 100 is being amended to include or amend definitions to support the Ch. 115 and 140 rulemaking and to correct incorporated federal requirements for licensed sources of greenhouse gases. All or portions of these rules may be submitted to the United States Environmental Protection Agency for approval and incorporation into the Maine State Implementation Plan as part of Maine’s major and minor source air emission licensing program. Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/ .
Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/air/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


ADOPTIONS


AGENCY: 16-219 - Maine Department of Public Safety, Office of the Commissioner
CHAPTER NUMBER AND TITLE: Ch. 60, Transportation of Hazardous Materials in Maine
ADOPTED RULE NUMBER: 2012-167
CONCISE SUMMARY: This chapter will ensure that hazardous materials are transported safely in Maine. The regulation adopts and incorporates by reference Parts 107, 171, 172, 173, 174, 177, 178, 179, 180, 387, and 397 of Title 49 Code of Federal Regulations as in effect as of October 1, 2011. Copies of the Federal rules adopted and incorporated by reference into the regulation may be obtained from the following agencies:
Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402
Maine Department of Public Safety, Bureau of Maine State Police, 20 State House Station, Augusta, ME 04333-0020
EFFECTIVE DATE: June 19, 2012
AGENCY CONTACT PERSON: Lt. Shawn D. Currie, Department of Public Safety, Office of the Commissioner, 104 State House Station, Augusta, ME 04333-0104. Telephone: (207) 624-7200. E-mail: Shawn.D.Currie@Maine.gov .
WEBSITE: http://www.maine.gov/dps/ .
RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .



AGENCY: 16-222 - Department of Public Safety, Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 1, State of Maine Motor Vehicle Inspection Manual
ADOPTED RULE NUMBER: 2012-168
CONCISE SUMMARY: The regulation governs the State of Maine’s motor vehicle inspection program. The regulation is being repealed and replaced through this rulemaking process in order to clarify and update aspects of the currently effective regulation that this regulation will replace.
EFFECTIVE DATE: June 20, 2012
AGENCY CONTACT PERSON: Lt. Brian S. Scott, Department of Public Safety, Maine State Police, 45 Commerce Drive, Suite 1, 42 State House Station, Augusta, ME 04333-0042. Telephone: (207) 624-8946. E-mail: Brian.P.Scott@Maine.gov .
WEBSITE: http://www.maine.gov/dps/msp/ .
RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .



AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 360, Responsibilities of Manufacturers, Distributors, Dealers, Initiators of Deposit, Contracted Agents and Redemption Centers under the Returnable Beverage Container Law
ADOPTED RULE NUMBER: 2012-169
CONCISE SUMMARY: This rule is adopted to implement the statutory amendments enacted by the 125th Legislature. The rule sets requirements for the approval of redemption center licensing and other minor technical changes to standardize the size dimensions and thickness of plastic bags use by redemption centers and exempts blueberry juice produced in the State of Maine from the required refund and deposit.
EFFECTIVE DATE: June 19, 2012
AGENCY CONTACT PERSON: Steve Giguere, Acting Director, Maine Department of Agriculture, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3841. Fax: (207) 287-5576, E-mail: Steve.Giguere@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .



AGENCY: 94-591 - Motor Carrier Review Board
CHAPTER NUMBER AND TITLE: Ch. 1, Bylaws of the Maine Motor Carrier Review Board
ADOPTED RULE NUMBER: 2012-170
CONCISE SUMMARY: This amendment clarifies the bylaws and internal management of the Motor Carrier Review Board as well as correcting grammatical errors.
CHAPTER NUMBER AND TITLE: Ch. 2, The Process for the Selection and Review of Motor Carriers
ADOPTED RULE NUMBER: 2012-171
CONCISE SUMMARY: This amendment defines actions that may be taken by the board, the method of selection of carriers for review, adds definitions and communication information. This amendment also removes Appendix B and substantially updates Appendix A Relative Severity Factor Ratings.
CHAPTER NUMBER AND TITLE: Ch. 3, Hearing Process
ADOPTED RULE NUMBER: 2012-172
CONCISE SUMMARY: This amendment adds statutory citations to the hearings process and corrects grammatical errors.
EFFECTIVE DATE: July 1, 2012
AGENCY CONTACT PERSON: Francis Fox, Chief, Motor Carrier Services, Bureau of Motor Vehicles, 29 State House Station, 101 Hospital Street, Augusta, ME 04333-0029. Telephone: (207) 624-9056. E-mail: Francis.Fox@Maine.gov .
WEBSITE: http://www.maine.gov/sos/bmv/commercial/mcrb.html .
MOTOR VEHICLE RULE-MAKING LIAISON: Thomas.Arnold@Maine.gov .



AGENCY: 94-649 - Maine Commission on Indigent Legal Services
CHAPTER NUMBER AND TITLE: Ch. 401, Guidelines for Determination of Financial Eligibility for Assigned Counsel and Reimbursement for Assigned Counsel Costs
ADOPTED RULE NUMBER: 2012-173
CONCISE SUMMARY: This chapter establishes guidelines for determining a person's financial eligibility for assigned counsel and for determining whether eligible persons should be required to reimburse the state for some or all of the cost of assigned counsel. These guidelines govern the work of financial screeners employed by the commission and are intended to provide guidance to courts in their determination of financial eligibility and the amount, if any, of reimbursement.
EFFECTIVE DATE: June 23, 2012
AGENCY CONTACT PERSON: John D. Pelletier, Rule-Making Liaison, Maine Commission on Indigent Legal Services, 154 State House Station, Augusta, Maine 04333 Telephone: (207) 287-3254. E-mail: John.Pelletier@Maine.gov .
WEBSITE: http://www.maine.gov/mcils/ .



AGENCY: 94-655 - Interagency Review Panel
CHAPTER NUMBER AND TITLE: Ch. 1, Bylaws, Administration, and the Energy Infrastructure Proposal and Review Process.
ADOPTED RULE NUMBER: 2012-174
CONCISE SUMMARY: The rule establishes the bylaws, administration and the energy infrastructure proposal and review process for the Interagency Review Panel. The Interagency Review Panel (Panel) was established by LD 1786, An Act Regarding Energy Infrastructure, Public Law Ch. 655 (2010). The Panel was established to oversee the use of statutory corridors. The Panel is to carry out the following tasks:
1. Identify an initial range of value for the use of state-owned land or assets within a statutory corridor. The initial range of value must be determined by a professional appraiser who meets certain qualifications.
2. Establish and implement a regular process for soliciting, accepting and evaluating energy infrastructure proposals for use of a statutory corridor. As part of this process, the panel shall provide public notice of the availability of the statutory corridor for energy infrastructure development, a description of the type of development anticipated in the statutory corridor and the opportunity for potential developers to submit proposals for use of the statutory corridor.
3. Evaluate and render a decision on energy infrastructure proposals for use of a statutory corridor.
4. If a proposal is accepted, the panel may enter into negotiations with the potential developer who submitted the proposal regarding a long-term occupancy agreement with the State for the use of the statutory corridor.
The draft rule sets the following procedural functions of the IRP:
1. Administrative functions;
2. Bylaws of the Members of the Panel 3. Code of Ethics
4. Energy Infrastructure process, including:

  a. Purpose, applicability of rule and definitions;
b. Criteria for selection of projects for energy infrastructure;
c. Freedom of information and protection of proprietary information;
d. Valuation of corridors;
e. Solicitation process for proposals, including letters of interest, proposal requirements, technical review, decisions and appeals;
f. Public comments; and
g. Occupancy agreements.
EFFECTIVE DATE: June 24, 2012
AGENCY CONTACT PERSON: Kenneth C. Fletcher, Governor's Energy Office, 62 State House Station, Augusta, Maine 04333-0062. Telephone: (207) 624-7405. E-mail: Kenneth.C.Fletcher@Maine.gov .
WEBSITE: http://www.maine.gov/oeis/irp/index.html .