April 18, 2012

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: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting Seasons, A-5.: Youth Deer Hunting Day
PROPOSED RULE NUMBER: 2012-P41
BRIEF SUMMARY: In accordance with Title 12, MRSA, §11402 sub-§4, the Commissioner of Inland Fisheries and Wildlife is proposing to amend the regulations regarding youth deer hunting day to allow youth in Wildlife Management Districts where no permits are issued to take an antlerless deer on that day. Under current law, the parent, guardian, or qualified adult shall not possess a firearm while accompanying a youth hunter. The restriction on archery hunting in those districts will remain in place.
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: May 18, 2012
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §11402
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 127, New Motor Vehicle Emission Standards
PROPOSED RULE NUMBER: 2012-P42
PUBLIC HEARING: 30-day written comment period with an opportunity to request a public hearing.
COMMENT DEADLINE: May 18, 2012, 5:00 p.m.
BRIEF SUMMARY: Currently Ch. 127 requires auxiliary power units (APU) installed on heavy-duty diesel trucks to meet California standards. Diesel truck owners who need to have continuous power to their vehicle even when resting, use APUs rather than idle the main truck engine. The proposed amendment allows for the installation of a Federal Tier IV certified APU, a lower cost alternative to the California certified APU.
Copies of this rule are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/ .
Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 585-A, 585-D
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Melissa Morrill, Maine Department of Environmental Protection, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. Fax: (207) 287-7641. E-mail: Melissa.Morrill@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


AGENCY: 94-178 - Kim Wallace Adaptive Equipment Loan Program Fund Board (administered by FAME)
CHAPTER NUMBER AND TITLE: Ch. 501, Kim Wallace Adaptive Equipment Loan Program Rule
PROPOSED RULE NUMBER: 2012-P43
BRIEF SUMMARY: This Amendment provides the board with the ability to raise the current maximum loan interest rate from Boston prime rate to Boston prime rate plus 5%, not to exceed 10% in any event. The amendment also requires applicants for vehicle loans under Section 11 to be employed, or actively pursuing completion of an employment training program or “ready for employment”, and limits the amount of a loan under Section 11 to the amount necessary to purchase the vehicle minus $250.
PUBLIC HEARING: May 8, 2012 at 10:00 a.m. at the Finance Authority of Maine, 5 Community Drive, Augusta, ME
COMMENT DEADLINE: May 18, 2012
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §§ 374(4) and 375(3)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Katryn Gabrielson, Counsel to the Board, Finance Authority of Maine, PO Box 949, Augusta, ME 04332-0949. Telephone: (207) 620-3515. Fax: (207) 623-0095. TTY: (207) 626-2717. E-mail: kgabrielson@famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
WEBSITE: www.famemaine.com .
FAME RULE-MAKING LIAISON: croney@famemaine.com .


AGENCY: 04-059 - Department of Conservation (DOC), Bureau of Parks & Lands
CHAPTER NUMBER AND TITLE: Ch. 1, Rules for State Parks and Historic Sites - Hunting, Trapping & Firearms
PROPOSED RULE NUMBER: 2012-P44
CONTACT PERSON FOR THIS FILING: Tom Morrison, Bureau of Parks & Lands, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4717. E-mail: Tom.Morrison@Maine.gov .
PUBLIC HEARING: None
COMMENT DEADLINE: May 18, 2012
BRIEF SUMMAR Y: Rules for Maine State Parks and Historic Sites will be amended in order to comply with Public Law Ch. 394, "An Act Relating to Locations where Concealed Weapons May be Carried." This rule amendment will allow a concealed firearm to be carried by qualifying individuals consistent with the provisions of Title 12 MRSA Ch. 220, §1803, sub-§7
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 12 MRSA Ch. 220 §1803, sub-§§ 6 & 7
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/doc/parks/ .
DOC RULE-MAKING LIAISON: Dan.Burke@Maine.gov .

ADOPTIONS: no adoption notices this week

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