June 6, 2018

WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rulemaking. 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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking 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 rulemaking liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 02-360 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Licensure for Professional Land Surveyors
CHAPTER NUMBERS AND TITLES: Ch. 10, Definitions; Ch. 20, General Information; Ch. 40, Qualifications for Licensure as Land Surveyor-in-Training; Ch. 50, Qualifications for Licensure as Professional Land Surveyor; Ch. 60, Licensure by Comity; Ch. 70, Continuing Education; Ch. 90, Standards of Practice; Ch. 100, Enforcement and Disciplinary Procedures
PROPOSED RULE NUMBERS: 2018-P117 thru P124
BRIEF SUMMARY: The Board of Licensure for Land Surveyors last revised their rules in 2001 and the proposed changes update the rules to reflect current practices and changes since 2001. The proposed amendment to Ch. 10 and Ch. 20 make minor changes to update the chapter. The amendments to Ch. 40 change the required courses but does not increase the hours required to qualify for a license, and requires that work must take place under the supervision of a licensed surveyor. Ch. 40 amendments reflect that the licensure exam is no longer administered by the Board. Ch. 50 amendments incorporate language that the required hours be under the supervision of a professional surveyor and amends the rules to reflect current Board administrative practices. Ch. 60 reflects changes to the description of the examination. Ch. 70 expands the courses that meet the requirements for continuing education to include distance learning courses. Ch. 90 reflects a minor change on page one eliminating reference to another part of the rules. Ch. 100 is repealed in its entirety as unnecessary.
PUBLIC HEARING: June 26, 2018 - 8:30 a.m., 76 Northern Avenue, Gardiner, Maine.
COMMENT DEADLINE: July 9, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Karen Bivins, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8524. Email: Karen.L.Bivins@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: no change in impact
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §18212
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
PFR WEBSITE: http://www.maine.gov/pfr .
OPOR WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions.html .
BOARD WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/surveyors/index.html .
OPOR RULEMAKING LIAISON: Karissa.Davan@Maine.gov .

AGENCY: 94-457 - Finance Authority of Maine (FAME)
PROPOSED RULE NUMBER: 2018-P125
CHAPTER NUMBER AND TITLE: Ch. 1, Bylaws and Administration of the Finance Authority of Maine
BRIEF SUMMARY: The amendment amends the Gift Policy within the Authority’s Code of Ethics. These changes clarify the limited circumstances when gifts or compensation to an employee or board member may be accepted without violation of the policy, and the effect of the receipt of such gifts or compensation. The amendment also makes other, non-substantive changes to the Code of Ethics.
PUBLIC HEARING: None scheduled. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: July 7, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / FAME RULEMAKING LIAISON: Christopher H. Roney, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 623-3263. Email: croney@famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: The proposed rule amendment will not impose any costs on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS ch. 110 §969-A(6), (14), (16)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FAME WEBSITE: www.famemaine.com .

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #07-18
PROPOSED RULE NUMBER: 2018-P126
BRIEF 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 MRS §2954
PUBLIC HEARING: June 21, 2018, Thursday, starting at 10:30 a.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: June 21, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8054; 7 MRS §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03(A-5.) and (C.1.), Deer Hunting Seasons; 4.04(A.2), Bear Hunting Season (Youth Day); 4.06(1.E.), Wild Turkey Spring Season (Youth Day)
PROPOSED RULE NUMBER: 2018-P127
BRIEF SUMMARY: In accordance with 12 MRS §11152 the Commissioner of Inland Fisheries and Wildlife proposes to adopt antlerless deer permit numbers for the 2018 regular deer hunting season and special muzzle-loading season by setting specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:
WMD 1 - 0 permits
WMD 2 - 25 permits
WMD 3 - 50 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 100 permits
WMD 7 - 400 permits
WMD 8 - 375 permits
WMD 9 - 50 permits
WMD 10 - 0 permits
WMD 11 - 0 permits
WMD 12 - 400 permits
WMD 13 - 475 permits
WMD 14 - 200 permits
WMD 15 - 4,200 permits
WMD 16 - 6,500 permits
WMD 17 - 10,000 permits
WMD 18 - 150 permits
WMD 19 - 0 permits
WMD 20 - 9,550 permits
WMD 21 - 10,500 permits
WMD 22 - 11,000 permits
WMD 23 - 12,375 permits
WMD 24 - 8,750 permits
WMD 25 - 7,850 permits
WMD 26 - 270 permits
WMD 27 - 25 permits
WMD 28 - 0 permits
WMD 29 - 1,500 permits
TOTAL - 84,745
An amendment to language regarding youth hunting days is also being proposed to clarify that adult supervisors may carry a handgun pursuant to 25 MRS §2001-A, but not for the purpose of hunting. A complete copy of the proposed rule can be obtained from the rulemaking contact person listed below.
PUBLIC HEARING: Tuesday, June 26, 2018 @ 6:00 p.m., Augusta Armory, Room 209, 179 Western Avenue, Augusta
COMMENT DEADLINE: July 6, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 11152, 11251, 11401, 11701
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 7, Requirements for Municipalities Having Shellfish Conservation Programs
PROPOSED RULE NUMBER: 2018-P128
BRIEF SUMMARY: This proposed rule-making clarifies the existing requirements for municipalities having shellfish conservation programs by reorganizing sections to be more understandable and improving the wording of the regulation throughout the chapter. It also provides greater consistency throughout the chapter with regard to the establishment of various deadlines, using “days” throughout rather than “business days”. Finally, it amends the components of municipal shellfish management plans to be consistent with what the law allows.
PUBLIC HEARING: June 25, 2018 - 1:30 p.m., DMR Offices, Marquardt Building, 32 Blossom Lane, Augusta, Maine. Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: July 6, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 21 State House Station, Augusta, Maine 04333-0021. TELEPHONE: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6671
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 14, Oysters
PROPOSED RULE NUMBER: 2018-P129
BRIEF SUMMARY: This proposed rule-making creates a minimum size (2.5 inches) for American oysters, with a 10% tolerance. An exception is provided for aquaculturists who take or possess undersize oysters from their lease or license sites. The proposed rule also establishes a 10% tolerance for European oysters, which already have a minimum size of 3 inches.
PUBLIC HEARING: June 25, 2018 - 2:00 p.m., DMR Offices, Marquardt Building, 32 Blossom Lane, Augusta, Maine. Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: July 6, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 21 State House Station, Augusta, Maine 04333-0021. TELEPHONE: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6171
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 94 (New), Sanitary Control of Molluscan Shellfish (repeals Ch. 9, 15, 16, 17, 18, 19, 20, 21, 23)
PROPOSED RULE NUMBERS: 2018-P130 (New), P131 thru P139 (Repeals)
BRIEF SUMMARY: This proposed rulemaking repeals existing chapters of regulation pertaining to the sanitary control of molluscan shellfish (9, 15, 16, 17, 18, 19, 20, 21, and 23) and replaces them with a single chapter that adopts the National Shellfish Sanitation Program Model Ordinance (NSSP MO) by reference. The intent of this proposal is to avoid the necessity of amending multiple regulatory chapters as the Model Ordinance is updated over time, although the new chapter will be updated periodically to reference the current version of the Model Ordinance. Existing Department requirements for the retail trade and various permits that are not currently included in the NSSP MO, have been incorporated in the proposed chapter. Some of these existing requirements have been modified to provide technical clarity.
PUBLIC HEARING: June 25, 2018 - 1:00 p.m., DMR Offices, Marquardt Building, 32 Blossom Lane, Augusta, Maine. Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: July 6, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 21 State House Station, Augusta, Maine 04333-0021. TELEPHONE: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 6171-A, 6856
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

ADOPTIONS

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #06-18
ADOPTED RULE NUMBER: 2018-090 (Emergency)
CONCISE SUMMARY: Minimum June 2018 Class I price is $18.50/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $2.33/cwt. handling fee for a total of $23.70/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/index.shtml .
EFFECTIVE DATE: June 3, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 29-250 - Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 159, Rules Governing the Administration of the Permanent, Semipermanent Semitrailer Registration Programs
ADOPTED RULE NUMBER: 2018-091
CONCISE SUMMARY: This rule is being amended to allow for the renewal of certain long term trailer registrations, with the retention of the same plate. With the permission of the Secretary of State, a registrant in the 25 year permanent, 20 year semipermanent, or long term trailer program may be allowed to renew an expiring registration for three to twelve years at the long term trailer fee of $12/year. There would be no limit to the number of times a registration could be renewed. The registrant would be allowed to retain the same registration plate and number assigned to the trailer. Registrations could be transferred subject the current transfer rules.
With permission of the Secretary of State, a plate assigned to a registered trailer could be retained and used by a new registrant. This would be a new registration subject to all new registration requirements.
EFFECTIVE DATE: June 4, 2018
BMV CONTACT PERSON: Garry Hinkley, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9055. Email: Garry.Hinkley@Maine.gov .
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCY: 06-096 - Maine Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 2, Rules Concerning the Processing of Applications and Other Administrative Matters
ADOPTED RULE NUMBER: 2018-092
CONCISE SUMMARY: The amendments to Ch. 2 incorporate statutory changes and clarify other provisions of the existing rule.
EFFECTIVE DATE: June 9, 2018
AGENCY CONTACT PERSON: Mark Margerum, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7842. Fax: (207) 287-7826. Email: Mark.T.Margerum@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Herring Regulations; 36.01, Herring Management Plan
ADOPTED RULE NUMBER: 2018-093 (Emergency)
CONCISE SUMMARY: Atlantic herring may only be landed from Management Area 1A on days that have been designated landing days by the Atlantic States Marine Fisheries Commission (ASMFC). At the Days Out meeting on April 25, 2018, the Atlantic Herring Section determined that landing days for all vessels issued a Federal Limited Access Atlantic Herring Category A Permit for Management Area 1A, Trimester 2 (June 1 - September 30) may be four consecutive days, beginning on 6:00 p.m. Sunday to 6:00 p.m. Thursday and vessels are limited to landing 480,000 lbs. (12 trucks) weekly; and, may transfer to one carrier vessel per week up to 80,000 lbs. (2 trucks). All vessels issued a Federal Limited Access Atlantic Herring Permit Category C may fish and land Atlantic herring seven days a week and may transfer no more than 120,000 lbs. weekly to a carrier. All vessels landing herring caught in Management Area 1A in any Maine port are limited to one landing per 24 hour period (6:00 p.m. to 6:00 p.m.). The Commissioner has determined that it is necessary to take emergency action to implement these limitations to prevent the depletion of the supply of Atlantic herring and to comply with the changes to the interstate management of the Atlantic herring resource. The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS §6171(3)(C).
EFFECTIVE DATE: June 2, 2018
AGENCY CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6558. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .