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May 16, 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(A-5), Youth Deer Hunting Day
PROPOSED RULE NUMBER: 2012-P41 (republication; comment deadline extended)
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
PUBLIC HEARING: None scheduled – one may be requested
COMMENT DEADLINE: May 23, 2012
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.
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §11402
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .
IF&W RULE-MAKING LIAISON: Becky.Orff@Maine.gov .

AGENCY: 02-385 - Department of Professional and Financial Regulation (P&FR), Office of Professional and Occupational Regulation (OPOR), Manufactured Housing Board
CHAPTER NUMBER AND TITLE:
Ch. 110, State Certification of Modular Homes
Ch. 350, Licensing – Scope of Practice, Obligations of Licensees, Prohibited Practices
Ch. 820, Definitions
Ch. 890, Manufactured Housing Installation Standards
PROPOSED RULE NUMBER: 2012-P73 thru P76
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Robert V. LeClair, Executive Director, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8678. E-mail: Robert.V.LeClair@Maine.gov .
PUBLIC HEARING: June 6, 2012, 9:00 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: July 9, 2012
BRIEF SUMMARY: In this rulemaking proceeding the board proposes to repeal and replace Ch. 110 and to make minor changes to Ch. 350, 820 and 890. The revision of Ch. 110 updates the building codes and standards applicable to construction of state-certified modular homes, increases minimum insulation R-values, snow load and wind load requirements applicable to construction of state certified modular homes, provides a uniform appeal procedure from decisions of an approved inspection agency or the board’s executive director, deletes the provisions relating to interstate reciprocity, reorganizes the chapter for clarity, and eliminates unnecessary or obsolete provisions. It is unnecessary to propose the inclusion of alternative dispute resolution techniques in connection with the appeal procedure set forth in the revised Ch. 110. The amendment to Ch. 350 authorizes a manufactured housing dealer to install and service manufactured housing sold by another dealer. The amendment to Ch. 820 corrects an error in the 2009 amendment to that chapter relating to the definition of “home” as it applies to manufactured housing communities. The amendment to Ch. 890 adds a procedure for scheduling the pre-occupancy inspections of new HUD-code homes required by that chapter. Copies of the proposed rules are available on line at www.maine.gov/professionallicensing .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA §8051; 10 MRSA §§ 9005-A, 9006, 9021, 9041, 9042, 9085
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/manufactured_housing/index.htm .
OPOR AGENCY RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 251, Rules Governing Rabies Management
PROPOSED RULE NUMBER: 2012-P77
CONTACT PERSON FOR THIS FILING SMALL BUSINESS INFORMATION: Trish Snyder, Maine CDC, DHHS, 286 Water Street, 8th Floor, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-4473. Fax: (207) 287-6865. TTY: (800) 606-0215. E-mail: Patricia.Snyder@Maine.gov .
PUBLIC HEARING: Monday, June 4, 2012; 10:00 a.m.-11:00 a.m.; Maine CDC, 286 Water Street, 1st floor, Conference Room 12, Augusta, ME 04333
COMMENT DEADLINE: Thursday, June 14, 2012
BRIEF SUMMARY: The Department proposes updates to the Rules Governing Rabies Management to align State procedures with national guidelines for the prevention and control of rabies in humans and among domestic animals. These changes are proposed by the Department of Health and Human Services in collaboration with the Departments of Inland Fisheries and Wildlife and Agriculture, Food and Rural Resources. In general, the proposed rule revision includes changes in terminology to better align state guidelines with national recommendations, but few major substantive changes to the guidelines are proposed.
DETAILED BASIS STATEMENT / SUMMARY: The Department is proposing updates to the Rules Governing Rabies Management to make State procedures consistent with national guidelines for the prevention and control of rabies in humans and among domestic animals. These changes are proposed by the Department of Health and Human Services in collaboration with the Departments of Inland Fisheries and Wildlife and Agriculture, Food and Rural Resources.
Specifically the state proposes the following changes:
1. Update reference to the state law governing the appointment of animal control officers from “Ch. 725” to “Section 3947” (pg 1, section 2B).
2. Change the definition of “Currently vaccinated” to indicate that domesticated animals are considered currently vaccinated for rabies if at least 28 days (previously 30 days) has elapsed since the initial vaccination (in accordance with the Compendium of Animal Rabies Prevention and Control, 2011). Add statement to define a previously vaccinated animal that receives a booster dose of vaccine as “Currently vaccinated” immediately upon receiving the booster (also in accordance with the Compendium) (pg 1, section 2F).
3. Remove “game warden, animal damage control officer (ADC)” as persons authorized to perform decapitation in undomesticated animals (pg 2, Section 2G).
4. Modify references to wildlife hybrids:
a. Remove wildlife hybrids from definition of domestic animals (pg 2, section 2H).
b. Remove section on management of wolf hybrids that bite humans or other domesticated animals from “Domesticated animals that bite humans or other domesticated animals” section and made it a stand-alone section (p. 6, section 6)
5. Remove the word “Quarantine” from definitions section and replaced it with ‘Confinement and Observation’ and ‘Isolation’ to make terminology consistent with that used in the Compendium of Animal Rabies Prevention and Control, 2011 (pg 2, section 2M).
6. Add a proposed exemption to 10-day confinement and observation period for service dogs (p.5, section 4B).
7. Remove the requirement that domesticated animals exposed to a known or presumed rabid animal be observed in a state licensed boarding kennel, veterinary hospital, or home in an escape proof building (pg 6, Section 7B).
8. Add section on the management of human exposures (p.7, section 8)
9. Add option for animal control officer to visually inspect domesticated animals at the end of 10-day confinement period (pg 8, section 9H.1).
10. Add option for bite victim to request veterinary exam at end of 10-day confinement period. If the victim requests the exam, the exam may be ordered by the ACO and paid for by the pet owner (pg 8, section 9H.1.b).
11. Remove section on management of livestock that bite humans or other domestic animals (previously section 5C.1-3)
12. Remove the requirement that the Maine Department of Health and Human Services have prior notification of transporting animals to the Health and Environmental Testing Laboratory for rabies testing.
IMPACT ON MUNICIPALITIES OR COUNTIES: These revised guidelines are intended to clarify existing guidelines and align the terminology to be consistent with that used in national recommendations. This should facilitate interpretation and implementation of the guidelines by municipalities and counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §1313; 22 MRSA §1313-A and 22 MRSA §1313-B
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: www.mainepublichealth.gov .
OVERALL AGENCY RULE-MAKING LIAISON: Chris.Zukas@Maine.gov .

AGENCY: 90-351 - Workers’ Compensation Board
RULE TITLE OR SUBJECT: Ch. 1, Payment of Benefits; Section 10: Cancer Presumption For Firefighters
PROPOSED RULE NUMBER: 2012-P78
CONCISE SUMMARY: The proposed rule defines the phrase “a standard, medically acceptable test for evidence of the cancer for which the presumption is sought or evidence of the medical conditions derived from the disease[,]” contained in to 39-A M.R.S. §328-B(3).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A MRSA §§ 152(2) and 328-B
PUBLIC HEARING: Wednesday, June 6, 2012, 9:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, June 18, 2012, 5:00 p.m.
AGENCY CONTACT PERSON: John Rohde, General Counsel, Workers’ Compensation Board, 27 State House Station, Augusta ME 04333-0027. Telephone: (207) 287-7086.
WEBSITE: http://www.maine.gov/wcb/
E-mail: John.Rohde@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 65, Behavioral Health Services
PROPOSED RULE NUMBER: 2012-P80
CONCISE SUMMARY: This rule is being proposed, in part, to comply with Public Law 2011, Ch. 477, LD 1816 (the Maine State Supplemental Budget) passed by the 125th Maine State Legislature and signed into law by Governor Paul R. LePage on February 26, 2012. Parts of this rule are being proposed in accordance with Part M of said Budget requiring that MaineCare Services reduce reimbursement of Opioid Treatment (Methadone) from $72.00 per week to $60.00. This change is currently in effect through an emergency rule, effective April 1, 2012.
Additionally, this proposed rule includes changes from the general administrative savings portion of the Maine State Supplemental Budget. These proposed changes include the revision of several HCPC codes to CPT codes, which will allow Medicare crossover claims to be processed automatically, reducing the administrative burden for providers and the Department, thereby generating budgetary savings. It also includes language that will require a Mental Health Agency to employ or contract with an MD or DO to be the agencies’ Medical Director in order to be recognized by MaineCare as an agency and be reimbursed and paid at the higher agency rate. Those providers who do not employ a Medical Director and are currently enrolled and reimbursed at the higher agency rate will need to re-enroll as an Independent Practitioner and will be reimbursed at the lower Independent Practitioner rate.
Finally, this proposed rule also includes several changes that are not related to the Supplemental Budget, but are necessary to provide clarity to providers, remove outdated information and to achieve compliance with national correct coding standards.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: June 4, 2012, 8:00 a.m., Main Conference Room, Department of Health and Human Services, 221 State Street, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before May 28, 2012.
DEADLINE FOR COMMENTS: Comments must be received by midnight June 14, 2012.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Amy Dix, Comprehensive Health Planner, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Amy.Dix@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rulemaking will have any impact on Municipalities or Counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 3173. Public Law 2011, Ch. 477, LD 1816, Maine State Supplemental Budget
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 31, Potato Marketing Improvement Fund
PROPOSED RULE NUMBER: 2012-P82
CONTACR PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Stephen Belyea, Potato Storage Consultant, Division of Agricultural Resource Development, Department of Agriculture, Food and Rural Resources, 28 State House Station, AMHI Annex, Augusta, ME 04333-0028. Telephone: (207) 287-3491. Fax: (207) 287-5576. E-mail: Stephen.Belyea@Maine.gov .
PUBLIC HEARING: None scheduled at this time
COMMENT DEADLINE: June 15, 2012
BRIEF SUMMARY: This rule change expands the eligibility for Potato Marketing Improvement Fund loans to include existing potato storage facilities.
DETAILED BASIS STATEMENT / SUMMARY: This amendment expands the eligibility for PMIF loans to include existing potato storage facilities. The use of funds for this purpose is predicated on a physical assessment of the structure and its components to determine its suitability for potato storage. Any existing potato storage facility financed under this rule, after any necessary upgrading and improvements, would have to meet current PMIF standards for insulation, ventilation, and humidification. An exception is allowed where because of engineering or cost considerations, upgrading to current PMIF standards is not feasible, then the facility must meet PMIF standards in effect at the time of construction.
The Department is making this change to reflect the changing needs in the Maine potato industry.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §1023-N, 7 MRSA §12
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/agriculture/mpd/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .<

AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 25, Lobster and Crab: Ch. 25.97, Management Framework for Island Limited Entry Program; Ch. 25.95, Monhegan Island Area Lobster Trap Regulation
PROPOSED RULE NUMBER: 2012-P83
CONCISE SUMMARY: The proposed rule would establish an island limited-entry program for Chebeague Island, Cliff Island and the Cranberry Isles in accordance with 12 MRS §6449 in order to maintain a number of licenses appropriate for the needs of their island community and the local lobster resource. Chebeague Island, Cliff Island and the Cranberry Isles have held island limited-entry referendums on each of their islands. All three islands obtained the approval of two-thirds of those voting in the referendum to propose an island limited-entry program. This proposed rule would set the number of island resident lobster licenses for Chebeague Island at 31 licenses, Cliff Island at 12 licenses and the Cranberry Isles at 23 licenses.
This proposed rule would also eliminate the Monhegan Island Apprenticeship Program in accordance with PL 2011 c. 486. License applicants wishing to enter the Monhegan Island limited entry program would need to meet the requirements of the existing apprentice program under Ch. 25.96 in order to become eligible for a Class I, II, or III lobster and crab fishing license under 12 M.R.S. §6421. This proposed rule also increases the trap limit in accordance with PL 2011 c. 486 from 300 traps to 400 traps per individual registered to obtain Monhegan Lobster Conservation Area trap tags under section 6474. This rulemaking would add Monhegan Island as one of the eligible islands for the Island Limited Entry program under the definition of “Year-round island community”.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6191, 12 M.R.S. §6449
PUBLIC HEARINGS:
Ellsworth: June 4, 2012, 6:00 p.m., Ellsworth City Hall (Auditorium), One City Hall Plaza
Portland: June 6, 2012, 6:00 p.m., Casco Bay Lines (Conference Room), 56 Commercial Street
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: June 18, 2012. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT: Sarah Cotnoir (tel: 207-624-6596). Mail Written Comments to: Attn: K. Rousseau, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (877) 577-6690 (Deaf/Hard of Hearing)
E-mail: cmr.rulemaking@maine.gov
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .

AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 26, Sea Urchin Regulations and 2012-2013 Harvesting Season, Zone 1; Ch. 8, Landings Program: 8.20(p), Harvester Reporting
PROPOSED RULE NUMBER: 2012-P84 (Ch. 8) and P85 (Ch. 26)
CONCISE SUMMARY: For purposes of conservation, pursuant to 12 M.R.S. §6171, §6171-A and §6749 this regulation would establish season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 during the 2012-2013 season. A 15 day season is proposed for divers, trappers, rakers and draggers in 20122013, which was 5 days longer than the length of the season in 2011-2012. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers will have a choice of fishing 15 days in September or 15 days in December; and draggers in December or January. In addition, a clarification on the regulation pertaining to tagging is proposed to assist with enforcement as well as the continuation of the Zone 1 Harvester Logbook are being proposed. Also, this proposal would continue the Zone 1 Harvester Logbook for another 2 years.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6171, §6171-A and §6749
PUBLIC HEARINGS:
Ellsworth: June 4, 2012, 6:00 p.m.*, Ellsworth City Hall (Auditorium), One City Hall Plaza. (*The Zone 2 season proposed rules will be followed by proposed season and reporting rules for Zone 1; see separate rulemaking notices.)
Portland: June 6, 2012, 6:00 p.m.*, Casco Bay Lines (Conference Room), 56 Commercial Street. (*The Zone 1 season proposed rules will be followed by proposed season rules for Zone 2; see separate rulemaking notices.)
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: June 18, 2012
To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Trisha A.C. De Graaf (tel: 207-624-6554). Mail Written Comments to: Department of Marine Resources, attn K. Rousseau, 21 State House Station, Augusta, ME 04333-0021. Fax: (207) 624-6573. TTY: (207) 624-6500 (Deaf/Hard of Hearing). E-mail: Kevin.Rousseau@Maine.gov .
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .

AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 26, Sea Urchin Regulations and 2012-2013 Harvesting Season, Zone 2 Option A
PROPOSED RULE NUMBER: 2012-P86
CONCISE SUMMARY: This rule establishes the 2012-2013 Zone 2 sea urchin harvesting season. The most recent scientific information for this fishery indicates that a decrease in fishing mortality is necessary due to a continued drop in sea urchin biomass in this zone. The Department worked with the Sea Urchin Zone Council to develop 2 different options for the season intended to achieve a decrease in fishing mortality on the sea urchin biomass. For purposes of conservation pursuant to 12 M.R.S. §6171, §6171-A, and §6749 this regulation would establish season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 during the 2012-2013 season using one of two options chosen by the Department after consideration of public comment; Option A) a 45 day season that includes a ten (10) tote daily limit for divers, trappers, rakers and draggers, and includes “culling on bottom” for divers by creating a tolerance for undersize urchins or B) a 36 day season that includes “culling on bottom” for divers by creating a tolerance for undersize urchins. This proposed rule pertains to Option A; a second option, Option B, is proposed in a separate concurrent rulemaking proceeding.�If there are concerns regarding tote limits and/or �culling on bottom� that cannot be addressed, the remaining alternative is a further reduction in days. Divers, rakers, trappers, and draggers will have a choice of fishing an early or late season. In addition, a clarification on the regulation pertaining to tagging is proposed to assist with enforcement.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6171, §6171-A and §6749
PUBLIC HEARINGS:
Ellsworth: June 4, 2012, 6:00 p.m.*, Ellsworth City Hall (Auditorium), One City Hall Plaza. (*The Zone 2 season proposed rules will be followed by proposed season and reporting rules for Zone 1; see separate rulemaking notices.)
Portland: June 6, 2012, 6:00 p.m.*, Casco Bay Lines (Conference Room) 56 Commercial Street. (*The Zone 1 season proposed rules will be followed by proposed season rules for Zone 2; see separate rulemaking notices.)
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: June 18, 2012. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Trisha A.C. De Graaf (tel: 207-624-6554)
Mail Written Comments to: Department of Marine Resources, attn K. Rousseau, 21 State House Station, Augusta, ME 04333-0021. Fax: (207) 624-6573. TTY: (207) 624-6500 (Deaf/Hard of Hearing). E-mail: Kevin.Rousseau@Maine.gov .
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .

AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 26, Sea Urchin Regulations and 2012-2013 Harvesting Season, Zone 2 Option B
PROPOSED RULE NUMBER: 2012-P87
CONCISE SUMMARY: This rule establishes the 2012-2013 Zone 2 sea urchin harvesting season. The most recent scientific information for this fishery indicates that a decrease in fishing mortality is necessary due to a continued drop in sea urchin biomass in this zone. The Department worked with the Sea Urchin Zone Council to develop 2 different options for the season intended to achieve a decrease in fishing mortality on the sea urchin biomass. For purposes of conservation pursuant to 12 M.R.S. §6171, §6171-A, and §6749 this regulation would establish season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 during the 2012-2013 season using one of two options chosen by the Department after consideration of public comment; Option A) a 45 day season that includes a ten (10) tote daily limit for divers, trappers, rakers and draggers, and includes “culling on bottom” for divers by creating a tolerance for undersize urchins or B) a 36 day season that includes “culling on bottom” for divers by creating a tolerance for undersize urchins. This proposed rule pertains to Option B; a second option, Option A, is proposed in a separate concurrent rulemaking proceeding.�If there are concerns regarding tote limits and/or �culling on bottom� that cannot be addressed, the remaining alternative is a further reduction in days. Divers, rakers, trappers, and draggers will have a choice of fishing an early or late season. In addition, a clarification on the regulation pertaining to tagging is proposed to assist with enforcement.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6171, §6171-A and §6749
PUBLIC HEARINGS:
Ellsworth: June 4, 2012, 6:00 p.m.*, Ellsworth City Hall (Auditorium), One City Hall Plaza. (*The Zone 2 season proposed rules will be followed by proposed season and reporting rules for Zone 1; see separate rulemaking notices.)
Portland: June 6, 2012, 6:00 p.m.*, Casco Bay Lines (Conference Room) 56 Commercial Street. (*The Zone 1 season proposed rules will be followed by proposed season rules for Zone 2; see separate rulemaking notices.)
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: June 18, 2012. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Trisha A.C. De Graaf (tel: 207-624-6554)
Mail Written Comments to: Department of Marine Resources, attn K. Rousseau, 21 State House Station, Augusta, ME 04333-0021. Fax: (207) 624-6573. TTY: (207) 624-6500 (Deaf/Hard of Hearing). E-mail: Kevin.Rousseau@Maine.gov .
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 692, Siting of Oil Storage Facilities
PROPOSED RULE NUMBER: 2012-P88
CONTACT PERSON FOR THIS FILING: George Seel, DEP-BRWM, 17 State House Station, Augusta ME 04333. Telephone: (207) 287-7166. Fax: (207) 287 7826. E-mail: George.J.Seel@Maine.gov .
PUBLIC HEARING: June 5, 2012, 1 p.m., DEP Response Building, 4 Blossom Lane, Augusta, ME
COMMENT DEADLINE: June 15, 2012. Comments many be submitted by mail, e-mail or fax. Please include your name and the organization you represent if any.
BRIEF SUMMARY: The Department is amending the provisions of Ch. 692 that restrict the siting of oil storage facilities in significant sand and gravel aquifers. The amendment responds to a legislative Resolve (Resolves 2011, c. 26) directing the department to establish a permit-by-rule process allowing the conditional use of aboveground diesel storage tanks in sand and gravel borrow pits. The amendments are designed to allow this activity without significantly increasing the risk of groundwater contamination.
The proposed amendments were adopted as an emergency rule April 2012 pursuant to Legislative directive. See Resolves 2011, c. 149. The emergency rule is effective for 90 days. This rulemaking is intended to keep the permit-by-rule process in place after the emergency rule lapses.
The amendments proposed can be viewed and downloaded at http://www.maine.gov/dep/rules/ .
IMPACT ON MUNICIPALITIES OR COUNTIES: The amendment is not expected to have an adverse impact on municipalities or counties assuming pit operators who avail themselves of the proposed permit-process adhere to the rule safeguards against oil discharges and immediately clean up any spills.
STATUTORY AUTHORITY FOR THIS RULE: Resolves 2011, Ch. 26
SUBSTANTIVE STATE LAW BEING IMPLEMENTED: 38 MRSA §§ 1391-99 [Wellhead Protection]
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .

ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 305, Permit by Rule Standards: Section 20, Activities Located in, on or over High or Moderate Value Inland Waterfowl and Wading Bird Habitat, or Shorebird Nesting, Feeding, and Staging Areas
ADOPTED RULE NUMBER: 2012-146 (Final adoption, major substantive)
CONCISE SUMMARY: In P. L. 2011, Ch. 359, the Department of Environmental Protection is directed to adopt rule amendments concerning permit by rule (PBR) under the Natural Resources Protection Act to allow activities occurring in high or moderate value waterfowl and wading bird habitat to be eligible for PBR. The proposed amendments to Ch. 305 Section 20 allow new development in moderate value inland waterfowl and wading bird habitat provided the development is located at least 100 feet back from the wetland and occupies no more than 20% of the lot within the habitat. These are major substantive rules.
EFFECTIVE DATE: June 8, 2012
AGENCY CONTACT PERSON: Mike Mullen, Department of Environmental Protection,17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 446-1611. E-mail: Mike.Mullen@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 375, No Adverse Environmental Effect Standard of the Site Location Law: Section 10 Subsection I, Sound Level Standards for Wind Energy Developments
ADOPTED RULE NUMBER: 2011-147 (Final adoption, major substantive)
CONCISE SUMMARY: The Board of Environmental Protection has finally adopted amendments to Ch. 375 Section 10, Control of Noise by including a new subsection entitled “Sound Level Limits and Measurements for Wind Turbine Projects.” The rule includes provisions for the following: (1) predictive modeling requirements; (2) maximum sound limits for operations; (3) short-term duration repetitive sounds (SDRS) and tonal sounds; (4) noise easements; (5) post-construction compliance requirements; and (6) noise complaint response.
EFFECTIVE DATE: June 10, 2012
AGENCY CONTACT PERSON: Mike Mullen, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 446-1611. E-mail: Mike.Mullen@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 378, Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt and the Performance Standards for the Storage of Petroleum Products
ADOPTED RULE NUMBER: 2001-148 (Final adoption, major substantive)
CONCISE SUMMARY: PL 2011 Ch. 26 directs the Department of Environmental Protection to adopt amendments to Ch. 378, Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt and the Performance Standards for the Storage of Petroleum Products, 06-096 CMR 378, to allow licensed mining operation to store of a small amount of diesel fuel on significant sand and gravel aquifers mapped by Maine Geological Survey. Amendments adopted allow for up to 2 above ground diesel fuel tanks, in a single location on a parcel of property with an aggregate capacity not to exceed 1,100 gallons without the currently required variance required under department rules.
EFFECTIVE DATE: June 8, 2011
AGENCY CONTACT PERSON: Mark Stebbins, Maine Department of Environmental Protection, 312 Canco Road, Portland, ME 04103. Telephone: (207) 822-6367. E-mail: Mark.N.Stebbins@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 895, Underground Facility Damage Prevention Requirements
ADOPTED RULE NUMBER: 2012-149 (Final adoption, major substantive)
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to the rules regarding underground facility damage prevention requirements (Ch. 895). These amendments to the rules are based on the Public law adopted by the Legislature and signed into law subsequent to the Commission’s provisional adoption of amendments to the rule (Public Law 2011, ch. 588).
EFFECTIVE DATE: June 9, 2012
AGENCY CONTACT PERSON / LIAISON: Paula J. Cyr, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/ .

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 316, Long-Term Contracting and Resource Adequacy
ADOPTED RULE NUMBER: 2012-150 (Final adoption, major substantive)
CONCISE SUMMARY: The PUC adopts amendments to our long-term contracting rule (Ch. 316) as directed by the Legislature.
EFFECTIVE DATE: June 9, 2012
AGENCY CONTACT PERSON / LIAISON: Paula J. Cyr, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/ .

AGENCY: 02-029 � Department of Professional and Financial Regulation (PFR), Bureau of Financial Institutions
CHAPTER NUMBER AND TITLE: Ch. 118, Funds Availability and Truth in Savings
ADOPTED RULE NUMBER: 2012-151
CONCISE SUMMARY: The purpose of this Regulation 18 is to conform it to up-to-date federal regulations. Its purpose is also to repeal the funds availability requirements for non-transaction accounts and the disclosure requirements for non-consumer accounts. Furthermore, this promulgation repeals references to electronic notices and disclosures because the federal regulations that are being incorporated already provide for such notices and disclosures.
EFFECTIVE DATE: July 2, 2012
AGENCY CONTACT PERSON / LIAISON: Christian D. Van Dyck, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036. Telephone: (207) 624-8574. E-mail: Christian.D.VanDyck@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/financialinstitutions/ .

AGENCY: 01-017 - Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Officials and Race Track Personnel: Section 5, Judges Duties, Sub-section 3, Track Conditions A & B
ADOPTED RULE NUMBER: 2012-152
CONCISE SUMMARY: This will allow the Maine Harness Horsemen’s Association appoint a representative rather than have an election to determine who will represent the horsemen at any given track.
CHAPTER NUMBER AND TITLE: Ch. 7, Racing: Section 6, Meeting Race Meet Standards and Maintaining Eligibility, 2; Section 16, Condition Limitations, I; Section 17, Claiming Races 6.J.
ADOPTED RULE NUMBER: 2012-153
CONCISE SUMMARY: Ch. 7, Section 6 will allow the Maine Harness Horsemen’s Association appoint a representative rather than have an election to determine who will represent the horsemen at any given track. Ch. 7, Section 16 allows a horse that exceeds the original condition to be allowed to race in that conditioned race provided it is drawn to the outside of the other horses that met the original condition. Ch. 7, Section 17 requires that the funds for a claim must be made out to the owner of the horse rather than to the Association and that the unsuccessful claimant’s funds are returned to them.
CHAPTER NUMBER AND TITLE: Ch. 9, Sire Stakes: Section 2, Eligibility Criteria; Section 6, Conditions, Sub-section 8, Consolation Final, 1 & 2
ADOPTED RULE NUMBER: 2012-154
CONCISE SUMMARY: Ch. 9, Section 2 conforms with the newly enacted provision that allows a stallion to be registered throughout the breeding season; allows an individual to replace a stallion that is unable to breed or dies during the breeding season without having to pay a late fee; and, allows for a stallion that is registered after February 1 of the breeding season to assessed a greater late fee charge. Ch. 9, Section 6, Sub-section 8 provides for a Consolation Final beginning in 2012 for the Sire Stakes Program.
CHAPTER NUMBER AND TITLE: Ch. 13, Pari Mutuel: Section 48, Superfecta
ADOPTED RULE NUMBER: 2012-155
CONCISE SUMMARY: This allows for the sale of superfecta wagers to be sold in increments of ten cent wagers.
EFFECTIVE DATE: May 15, 2012
AGENCY CONTACT PERSON / LIAISON: Henry W. Jackson, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028. Telephone: (207) 287-3221. E-mail: Henry.Jackson@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/hrc/index.html .

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