April 7, 2021

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: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 294, Lifeline
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P058
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking to amend ch. 294, Lifeline, of the Commission’s rules. The proposed amendments are intended to clarify that Eligible Telecommunications Carriers (ETCs) may be designated by either the Commission or the Federal Communications Commission (FCC). The Commission is also proposing other clarifying and non-substantive editorial amendments.
PUBLIC HEARING: No public hearing. The Commission will schedule a public hearing in this matter if requested by five interested persons. Such requests must be filed in the above captioned Docket using the Commission's Case Management System (CMS) no later than Friday, April 16, 2021.
COMMENT DEADLINE: May 21, 2021. Interested persons may file written comments on the proposed Rule in CMS, in Docket No. 2021-00045, no later than May 21, 2021. All comments will appear in CMS.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jody McColman, Maine Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1365. Email: Jordan.D.McColman@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact.
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 111, 7101, 7104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: www.maine.gov/mpuc .
MPUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 24, Importation of Live Marine Organisms
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P059
BRIEF SUMMARY: On February 14, 2021, DMR implemented an emergency rule because routine health surveillance confirmed the presence of MSX (Haplosporidium nelsoni) in Quahog Bay. MSX is a microscopic parasite that affects the health and survival of the American oyster (Crassostrea virginica) resource but does not pose a risk to consumers or human health. This proposed rulemaking would continue the American oyster restricted area within Quahog Bay and Ridley Cove in Harpswell, Maine adopted under the emergency rule. The movement or transfer of American oysters greater than 3 mm in size, from the restricted area to other waters of the state, is prohibited without a permit from DMR. Persons are required to obtain a permit for the movement, but not harvest, of shellfish from restricted areas to ensure a reasonable degree of certainty that the movement will not endanger the indigenous marine life or its environment in accordance with ch. 24.05.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: May 7, 2021
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: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6071
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: https://www.maine.gov/dmr/index.html .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

ADOPTIONS

AGENCY: 17-229 – Maine Department of Transportation (MDOT)
CHAPTER NUMBER AND TITLE: Ch. 210, Utility Accommodation Rules
ADOPTED RULE NUMBER: 2021-067
CONCISE SUMMARY: These changes are primarily intended to improve the clarity and intent of the existing rules and address the following areas: The use of a geotextile with crushed stone backfill; traffic control for short-term wire crossings; aerial attachments to existing poles; services to corner lots; service consolidation for new installations with multiple highway crossings; and, underground service lines located on the highway side of ditches. An additional section addressing the potential designation of replaced or out-of-service poles as public safety hazards is also included.
EFFECTIVE DATE: April 5, 2021
MDOT CONTACT PERSON: Michael Moreau, Department of Transportation, 16 State House Station, Augusta, ME 04333. Telephone: (207) 624-3365. Email: Michael.Moreau@Maine.gov .
MDOT WEBSITE: https://www.maine.gov/mdot/ .
MDOT RULEMAKING LIAISON: Toni.Kemmerle@Maine.gov .