March 2, 2011

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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #04-11
PROPOSED RULE NUMBER: 2011-P19
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: March 21, 2011, Monday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: March 21, 2011
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: 65-407 - Maine Public Utilities Commission
CHAPTER NUMBER AND TITLE:
Ch. 285, Maine Telecommunications Education Access Fund, and
Ch. 288, Maine Universal Service Fund
PROPOSED RULE NUMBER: 2011-P20 and P21
CONTACT PERSON FOR THIS FILING: Peter Ballou, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1388. E-mail: Peter.Ballou@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: March 22, 2011, 11:00 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: Written comments on the proposed rule may be filed with the Administrative Director no later than Thursday, April 7, 2011. Please refer to the Docket Number of this proceeding, Docket No. 2011-69, when submitting comments, and send to the Administrative Director, Public Utilities Commission, mailing address - 18 State House Station, Augusta, Maine 04333-0018; delivery address - 101 Second Street, Hallowell, Maine.
BRIEF SUMMARY: The purpose of the rulemaking is to amend Ch. 285 and 288 of the Commission's Rules to clarify that all telecommunications carriers, including prepaid wireless carriers, and providers of interconnected voice over internet protocol (VoIP) telephone service, are subject to the same required contributions to the Maine Telecommunications Education Access Fund (MTEAF) and Maine Universal Service Fund (MUSF).
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 104, 111, 7104, 7104-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov

ADOPTIONS


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 45.05(1)(A)(2), Shrimp Season 2010 – 2011, Emergency Closure
ADOPTED RULE NUMBER: 2011-55 (EMERGENCY)
CONCISE SUMMARY: The Atlantic States Marine Fisheries Commission's Northern Shrimp Section set the 2010/2011 fishing season at 136 days with the intention that landings would not exceed 4,000 metric tons. Preliminary landings data as of February 16, 2011 indicate that the harvest is now 4,192 metric tons. The Northern Shrimp Section held a meeting and public hearing via conference call on Friday, February 18, 2011 at 2:00 p.m. The purpose of the hearing was to review preliminary northern shrimp landings data and determine whether action is needed to prevent significant landings above recommended levels that might occur if the fishery continues through April 15, 2011. A motion was passed to close the 2010-2011 northern shrimp fishery at 11:59 p.m. on February 28, 2011. A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests. For more information see online information listed or contact below.
EFFECTIVE DATE: February 28, 2011
AGENCY CONTACT PERSON: Commissioner Norman Olsen (tel: 207-624-6553), Department of Marine Resources, attn L Churchill, PO Box 8, West Boothbay Harbor, Maine 04575-0008. WEBSITE: http://www.maine.gov/dmr/rulemaking/ . Telephone: (207) 633-9584. TTY (207) 633-9500. E-mail: Laurice.Churchill@Maine.gov . TTY (207) 633-9500 (Deaf/Hard of Hearing).
DMR WEBSITE: http://www.maine.gov/dmr/index.htm


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #03-11
ADOPTED RULE NUMBER: 2011-56 (EMERGENCY)
CONCISE SUMMARY: Minimum March 2011 Class I price is $21.48/cwt. plus $1.48/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $25.16/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: February 27, 2011
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 421, Safety and Operation Standards for Liquefied Petroleum Gas (LPG) Distribution Systems
ADOPTED RULE NUMBER: 2011-57
CONCISE SUMMARY: To adopt amendments to Ch. 421, setting forth safety and operation standards for jurisdictional liquid propane gas transmission and distribution systems.
EFFECTIVE DATE: March 1, 2011
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center For Disease Control and Prevention, with the Maine Vaccine Board
CHAPTER NUMBER AND TITLE: Ch. 248, List of Vaccines to be Provided by the Universal Immunization Program
ADOPTED RULE NUMBER: 2011-58 (EMERGENCY)
CONCISE SUMMARY: This rule is being issued jointly between the Department of Health and Human Services and the Maine Vaccine Board (authority granted by the 124th Maine Legislature), to implement the provisions of P.L. 2009, c. 595, An Act to Establish the Universal Childhood Immunization Program. The rule includes the list of vaccines to be provided by the Universal Childhood Immunization Program. This list of vaccines will provide the basis for Board calculation if assessments and finance acquisition. The following criteria was used in determining this list: 1) vaccines recommended by the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, Centers for Disease Control and Prevention; 2) recommendations of the Department of Health and Human Services; and 3) clinical and cost benefit analyses.
EFFECTIVE DATE: February 24, 2011
AGENCY CONTACT PERSON: Peter Smith, Maine Center for Disease Control & Prevention, 286 Water Street, Augusta, Maine 04333. Telephone: (207) 287-6448. E-mail: Peter.F.Smith@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/boh/ddc/immunization/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov