March 16, 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: 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 Childhood Immunization Program
PROPOSED RULE NUMBER: 2011-P24
CONTACT PERSON FOR THIS FILING: Peter Smith, MCDC, 286 Water St., 8th floor, Augusta, Maine 04333. Telephone: (207) 287-6448. E-mail: Peter.F.Smith@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: April 4, 2011, 2 p.m. - 4 p.m., Maine CDC - Key Bank Building, 286 Water Street (First Floor, Room 16), Augusta, Maine 04333
COMMENT DEADLINE: April 14, 2011
BRIEF SUMMARY: This rule is issued jointly between the Department of Health and Human Services and the Maine Vaccine Board, to implement the provisions of P.L. 2009, c. 595, An Act to Establish the Universal Childhood Immunization Program (22 MRSA §1066). The rule lists the vaccines to be provided by the Universal Childhood Immunization Program and estimates of population/age cohorts, estimates current and expected immunization rates, and projects vaccine wastage. This information will create the basis by which the Board will determine the total cost of the fund in the succeeding program year.
DETAILED STATEMENT / SUMMARY: The premise of this rule is the belief that, in order to reduce the threat of childhood vaccine preventable disease, it is essential for all children (as defined in 2009, PL 595) in Maine have access to a uniform set of childhood vaccines as recommended by the US DHHS, CDC Advisory Committee on Immunization Practices. The 124th Maine Legislature established the Maine Vaccine Board and provided this board with the authority and mechanisms to fund the purchase of a uniform set of childhood vaccines.
This rule is issued jointly between the Department of Health and Human Services and the Maine Vaccine Board, to implement the provisions of P.L. 2009, c. 595, An Act to Establish the Universal Childhood Immunization Program (22 MRSA §1066).
These routine technical rules are adopted pursuant to 22 MRSA. §1066(3)(E) and establishes the set of vaccines to be made available by the Universal Childhood Immunization Program.
These rules will provide the basis for Board calculations of the assessments for assessed entities in accordance with 22 MRSA §1066 §5.
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §1066
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Chris.Zukas-Lessard@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 42.03, Striped Bass – Closed Area and Closed Season (Kennebec River and Sheepscot River areas)
PROPOSED RULE NUMBER: 2011-P25
CONCISE SUMMARY: The proposed rulemaking would remove the marine bait prohibition and replace it with the requirement to use circle hooks while using marine bait when fishing in the Kennebec River closed area during the established May 1 to June 30th season. The closed area is also proposed to change from upstream and inside the line drawn from Cape Small to Cape Newagen to a line upstream and inside from Fort Popham, Phippsburg to Kennebec Point to Indian Point, Georgetown, and upstream from a line in the area called Robinhood between Lowe Point, Phippsburg to Newdick Point, Westport and downstream of the Route 144 Westport Island Bridge therefore removing the Sheepscot River from the Kennebec rules and placing it under the statewide regulations.
AGENCY CONTACT PERSONS: Bruce Joule (207-633-9505) or Pat Keliher (207-287-9973)
STATUTORY AUTHORITY: 12 MRS §6171
PUBLIC HEARING: April 4, 2011, 6 p.m., Bath City Hall, 1st Floor Auditorium, 55 Front Street, Bath. Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: April 14, 2011. To ensure consideration, comments must include your name and the organization you represent, if any. Be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
MAIL WRITTEN COMMENTS TO: DMR, attn: L. Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008. E-MAIL: Laurice.Churchill@Maine.gov . WEB SITE: www.maine.gov/dmr/rulemaking . Fax: (207) 633-9579. TTY: (207) 633-9500 (Deaf/Hard of Hearing).

ADOPTIONS


AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 421, Safety and Operation Standards for Liquefied Petroleum Gas (LPG) Distribution Systems
ADOPTED RULE NUMBER: 2011-76 (correction and re-filing of 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 9, 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, Division of Family Health
CHAPTER NUMBER AND TITLE: Ch. 280, Rules Relating to the Maine Birth Defects Program
ADOPTED RULE NUMBER: 2011-77
CONCISE SUMMARY: With changes to this rule, the Maine Department of Health and Human Services updates the reportable birth defects lists and complies with part C of the I.D.E.A. (The Individuals with Disabilities Education Act) which directs the State to ensure cooperation among state agencies in delivering supports and services to infants, toddlers and preschoolers with disabilities or developmental delay and their families. Therefore, the Maine Birth Defects Program shall refer a newborn with a confirmed birth defect that has the potential to develop a developmental delay to the Part C Agency. This rule change will have no adverse impact on municipalities, counties or small businesses.
EFFECTIVE DATE: April 1, 2011
AGENCY CONTACT PERSON: Diane Haberman, Division of Family Health, Maine Center for Disease Control, Department of Health and Human Services, 11 State House Station, Maine CDC, Key Bank Plaza 7th Fl., Augusta, Maine 04333. Telephone: (207) 287-8424. E-mail: Diane.Haberman@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/boh/cshn/birth_defects/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .