February 3, 2010

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: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 421, Liquid Propane Gas (LPG) Distribution System Safety and Operation Standards
PROPOSED RULE NUMBER: 2010-P24
CONTACT PERSON FOR THIS FILING: Paula Cyr, Clerk of the Commission, 18 State house Station, Augusta, ME 04333. Telephone: (207) 287-6074. Fax: (207) 287-1039. E-mail: Paula.Cyr@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: February 23, 2010 at 10:30 a.m., Worster Room, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: March 9, 2010 – Written comments should refer to Docket No. 2009-392 and be sent to the Administrative Director, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018.
BRIEF SUMMARY: The Commission initiates this rulemaking to propose a new Ch. 421 that sets forth safety and operation standards specifically for jurisdictional liquid propane gas transmission and distribution systems. Additionally, the proposed Ch. 421 expands and clarifies the requirements for the operation, installation, and maintenance of liquid propane gas transmission and distribution systems.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 111 and 4508
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 49 USC §60102
URL: http://www.maine.gov/mpuc/


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #03-10
PROPOSED RULE NUMBER: 2010-P25
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.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: February 19, 2010, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: February 19, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 104, Maine Services Manual: Section 4, Maine Part D Wrap Benefits
PROPOSED RULE NUMBER: 2010-P26
CONCISE SUMMARY: The Department is proposing rule changes to Maine Services Manual 10-144, Ch. 104, Section 4, Maine Part D Wrap Benefits. The proposed change already has been temporarily adopted by emergency rule that took effect January 1, 2010. Pursuant to the federal guidelines that determine the Part D Benefit parameters, the member co-payment for generic drugs has increased from $2.40 to $2.50 per prescription effective January 1, 2010. The Part D Wrap Benefit covers this co payment for eligible beneficiaries. The new co-pay amount is reflected in the Appendix to this rule. This rule change will not impose any administrative cost on small business.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §254-D
PUBLIC HEARING: The Department will allow a 30 day comment period unless 5 or more requests for a public hearing are received.
DEADLINE FOR COMMENTS: Comments must be received by midnight Friday, March 5, 2010.
AGENCY CONTACT PERSON: Nicole Rooney, Office of MaineCare Services, 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 or Hard of Hearing). E-mail: Nicole.Rooney@Maine.gov .
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 803, Withholding Tax Reports and Payments
PROPOSED RULE NUMBER: 2010-P27
CONCISE SUMMARY: Rule 803 provides comprehensive definitions and explanations of statutory terms and procedures for filing a withholding tax reports and making payments. MRS is proposing to repeal current Rule 803 and replace it with a reorganized version. Particularly, the proposed Rule contains smaller sections and groups appropriate topics together. In addition, the proposed rule revises and clarifies exemptions from withholding.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: Title 36 MRSA §112
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: March 10, 2010
AGENCY CONTACT PERSON: Edward Charbonneau, Esq., Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9626. E-mail: Edward.Charbonneau@Maine.gov
URL: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov

ADOPTIONS


AGENCY: 01-001 – Department of Agriculture, Food and Rural Resources (Maine Milk Commission)
CHAPTER NUMBER AND TITLE: Ch. 61, Maine Milk Pool Cost of Administration
ADOPTED RULE NUMBER: 2010-11
CONCISE SUMMARY: Ch. 61, Maine Milk Pool Cost of Administration, is amended to reflect the estimated administrative costs of operating the pool for calendar year 2010.
EFFECTIVE DATE: January 31, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
URL: http://www.maine.gov/dacf/milkcommission/index.shtml


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #02-10
ADOPTED RULE NUMBER: 2010-12
CONCISE SUMMARY: Minimum February 2010 Class I price is $18.09/cwt. plus $1.58/cwt. for Producer Margins, an over-order premium of $1.53/cwt, as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $22.80/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/minimum.shtml
EFFECTIVE DATE: January 31, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
URL: http://www.maine.gov/dacf/milkcommission/index.shtml