May 22, 2013

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 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 324, Small Generator Interconnection Procedures
PROPOSED RULE NUMBER: 2013-P086
BRIEF SUMMARY: The Public Utilities Commission initiates a rule-making process to consider amendments to the Small Generator interconnection procedures Rule (Ch. 324). These amendments specify that the design of generation projects for level 2, level 3 and level 4 interconnection procedures under the Rule must be reviewed and approved by a licensed professional engineer.
PUBLIC HEARING: no public hearing
COMMENT DEADLINE: June 21, 2013 – Written comments should refer to the docket number of this proceeding, Docket No. 2013-00263 and filed electronically at http://www.maine.gov/mpuc/online/index.shtml or by mail to the Administrative Director, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333-0018 if the filer does not have access to the internet.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Mitchell Tannenbaum, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-3831. E-mail: Mitchell.Tannenbaum@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES. Minimal
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111, Resolve 2007 ch. 183
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34.10(1)(B), Maine Groundfish Management Plan – Size , Possession and Gear Restrictions; Northeast Multispecies Fishery Regulations Compliance
PROPOSED RULE NUMBER: 2013-P087
CONCISE SUMMARY: This proposed regular rule-making would make permanent the emergency regulation that was adopted for compliance and consistency with Framework 48 and Framework 50 to the Northeast Multispecies Fishery Management Plan and NOAA Fisheries Service regulations effective May 1, 2013. This rule applies to commercial and/or recreational groundfish harvesters in the Gulf of Maine. Specifically, changes to the allowable minimum fish size for certain species of groundfish for both commercial and recreational harvesters are being implemented. The effective date of the Framework 48 change regarding minimum fish sizes will be July 1, 2013 to allow states such as Maine the necessary time to come into compliance with these new reduced minimum fish size measures. Emergency rule-making was necessary in order to meet this federal compliance measure timeline.
For commercial fisheries, the minimum size for cod was reduced from 22 inches to 19 inches; for haddock the minimum size was reduced from 18 inches to 16 inches; for witch flounder (gray sole) the minimum size was reduced from 14 inches to 13 inches; for yellowtail flounder the minimum size was reduced from 13 inches to 12 inches; for American plaice (dab) the minimum size was reduced from 14 inches to 12 inches; and for redfish the minimum size was reduced from 9 inches to 7 inches. For recreational fisheries, the minimum haddock size was increased from 18 inches to 21 inches.
The largest overall impact to industry of this rule change is that with minimum sizes for a number groundfish species being reduced, a higher percentage of catch can be landed and not discarded overboard.
PUBLIC HEARINGS: None scheduled
DEADLINE FOR COMMENTS: June 24, 2013. 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: Terry Stockwell (tel: 207-624-6562). 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: dmr.rulemaking@maine.gov . Website: http://www.maine.gov/dmr/rulemaking/ .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6171
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 16-222 - Department of Public Safety (DPS), Maine State Police
CHAPTER NUMBER AND TITLE: Ch. 4, Maine Motor Carrier Safety Regulation
PROPOSED RULE NUMBER: 2013-P088
BRIEF SUMMARY: The regulation is being amended to:
1. Clarify that the regulation incorporates by reference specified parts of the Federal regulations, as amended;
2. Provide in the regulation that operators for intrastate motor carriers that operate less than 100 air miles from their regular place of business are subject to the provisions of 49 Code of Federal Regulations, Section 391.41(b)(12)(i) that prohibit the operation of a commercial motor vehicle by a person who has methadone or its metabolite in that person’s body.
PUBLIC HEARING: Monday, June 10, 2013 at 9 a.m., Maine Department of Public Safety, 45 Commerce Drive, Suite 1, Augusta, Maine 04333-0042
COMMENT DEADLINE: By 5 p.m., Thursday June 20, 2013.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DPS RULE-MAKING LIAISON: Christopher Parr, Department of Public Safety, Maine State Police, 45 Commerce Drive, Suite 1, 42 Statehouse Station, Augusta, ME 04333-0042. Telephone: (207) 624-7200. E-mail: Christopher.Parr@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 29-A M.R.S. §555
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dps/msp/ .


AGENCY: 29-250 - Secretary of State, Bureau of Corporations, Elections and Commissions (CEC)
CHAPTER NUMBER AND TITLE: Ch. 401, Model Rules for Uniform Commercial Code, Title 11, Article 9-A
PROPOSED RULE NUMBER: 2013-P089
BRIEF SUMMARY: The 126th Legislature is enacting LD 1384 as an emergency bill, to be effective July 1, 2013, to adopt uniform amendments to Article 9-A of Title 11, the Uniform Commercial Code. In order to be consistent with the statutory changes being adopted in LD 1384, corresponding changes to the administrative rules must be adopted. This proposed rule amendment includes an update to the reference for the approved filing forms, as well as adds a transition period of 30 days during which the previous version of the filing forms will be accepted by the filing office. This amendment also includes changes to the references to the individual debtor name fields and to the name of one of the filing forms to be consistent with changes made to the filing law.
PUBLIC HEARING: Monday, June 10, 2013, 9 a.m. to noon, Room 400, Burton M. Cross Building, 111 Sewall Street, Augusta, Maine 04330
COMMENT DEADLINE: Thursday, June 20, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / CEC RULE-MAKING LIAISON: Julie L. Flynn, Deputy Secretary of State; Bureau of CEC, 101 State House Station, Augusta, Maine 04333-0101. Telephone: (207) 624-7736, E-mail: Julie.Flynn@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 11 MRSA §9-1526
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/cec/index.html .


AGENCY: 04-061 - Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 4, Rules of Practice: Proposed Rule Changes to Establish a Certification Process for Site Location of Development Permits
PROPOSED RULE NUMBER: 2013-P090
BRIEF SUMMARY: The Maine Legislature has established that the Maine Department of Environmental Protection (“DEP”) now has Site Location of Development permitting authority within the unorganized and deorganized areas of the State. The legislature gave the Maine Land Use Planning Commission the statutory responsibility to issue certification determinations to the DEP prior to DEP’s issuance of Site Location permits. The proposed changes to Ch. 4, Rules of Practice, establish the procedure for the new certification process. In addition, the rule-making contains proposed changes to Ch. 4 that clarify Commission procedures and responsibilities.
DETAILED BASIS STATEMENT / SUMMARY: The Maine Legislature, with the passage of P.L. 2011, ch. 682 (enacting L.D. 1798), established that the Maine Department of Environmental Protection (“DEP”) now has Site Location of Development permitting authority within the unorganized and deorganized areas of the State. The Legislature has given the Maine Land Use Planning Commission the statutory responsibility to issue certification determinations to the DEP as part of DEP’s Site Location of Development permitting process. The Commission must determine and certify to the DEP prior to its issuance of a Site Location permit that: 1) the proposed development is an allowed use within the subdistrict or subdistricts for which it is proposed, and 2) the proposed development meets any land use standard established by the Commission that is not considered in the DEP’s review under Title 38 §489 A-1 sub-§1 [effectively, the Site Location of Development Law].
The proposed changes to Ch. 4, Rules of Practice, establish the procedure for the new certification process. Currently, the Commission’s rules do not contemplate certifications. The proposed rule revisions address, among other things, submission of requests for certification, public notice requirements associated with certification requests, public hearing requests related to certification determinations, issuance of certification determinations, and appeals of Commission certification determinations.
In addition, the rule-making contains proposed changes to Ch. 4, Rules of Practice, that clarify Commission procedures and responsibilities. Among other things, the proposed revisions clarify when the Commission accepts an application as complete for processing and that the term Commission includes Commission staff where the Commission has delegated authority to its staff to act on behalf of the Commission. The rule-making does not in any way alter the delegated authority of Commission staff.
PUBLIC HEARING: None. 30 day public comment period
COMMENT DEADLINE: June 21, 2013
A copy of the above proposed rule changes may be viewed at the Commission’s main office at 18 Elkins Lane, Harlow Building, Augusta, Maine or may be downloaded from the agency’s web site at http://www.maine.gov/doc/lupc/ . To view the proposed rule changes at the Augusta office, please call the office in advance at (207) 287-2631.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Susan Burns, Maine Land Use Planning Commission, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4969. TTY: (888) 577-6690. E-mail: Susan.Burns@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §684; §685-B(1-A)(B-1); §685-C(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED): None
WEBSITE: http://www.maine.gov/doc/lupc/ .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 25.11, Lobster and Crab Bait Review Process
PROPOSED RULE NUMBER: 2013-P091
CONCISE SUMMARY: The proposed regulation change would enact a mandatory review of all lobster and crab baits to prevent the introduction of contagious pathogens, pests, parasites, or invasive species into Maine waters. This regulation is necessary to protect Maine’s coastal resources, fishermen, and other associated industries.
An individual would apply to the Department of Marine Resources for the review of a bait source on forms supplied by the Commissioner. The Department would provide a written response within 60 days, whether the bait will be placed on the “approved” freshwater list or “prohibited” marine list. A freshwater organism that has been reviewed and not listed as “approved” is prohibited as bait. A marine organism that has been listed as “prohibited” is also prohibited as bait.
The proposed regulation also allows applicants to petition the Department when a bait has been prohibited by the Department. The Department would be required to conduct an annual review of lobster and crab bait sources to update the “prohibited” and “approved” lists as conditions change or new information becomes available. Finally, the proposed change would require lobster and crab bait dealers to have a lobster/crab bait endorsement on their wholesale dealer license, and provide the Department with a list of baits sold the previous year and list of anticipated baits for sale the following year.
PUBLIC HEARINGS:
Wiscasset: June 10, 2013, 4:00 p.m., Lincoln County 911 Communications Center, 34 Bath Road
Ellsworth: June 13, 2013, 4:00 p.m., Ellsworth City Hall (Auditorium), One City Hall Plaza
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: June 24, 2013. 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: Chris Vonderweidt, (207) 624-6558. Mail written comments to: attn: K. Rousseau, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (877) 577-6690 (Deaf/Hard of Hearing). Website: http://www.maine.gov/dmr/rulemaking/ . E-mail: dmr.rulemaking@maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6175
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 26, Sea Urchin Regulations, and 2013-2014 Harvesting Season; Ch. 8.20(P), Landings Program Urchin Harvest (Zone 1)
PROPOSED RULE NUMBER: 2013-P092, P093
CONCISE SUMMARY: For purposes of conservation, pursuant to 12 M.R.S. §6171 and §6749 this regulation would establish season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zones 1 and 2 during the 2013-2014 season.
For Zone 1, a 15-day season is proposed for divers, trappers, rakers and draggers in 2013-2014, which is the same number of days as in the 2012-2013 season. 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 and October (“early season”), or 15 days in December (“late season”); and draggers in December (“early season”), or December and January (“late season”).
For Zone 2, a 38-day season is proposed for divers, trappers, rakers and draggers in 2013-2014, which is 2 days longer than the length of the season in 2012-2013. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers will have a choice of fishing 38 days in October through December (“early season”), or 38 days in December through March (“late season”); draggers will have similar but slightly different choices of fishing 38 “early” or “late” days. This regulation would also establish a daily catch limit of no more than seven (7) totes (about 600 lbs.) for Zone 2 harvesters.
For the Whiting & Denny’s Bay Limited Access Area in Zone 2, a 9-day season is proposed for divers, trappers, rakers and draggers in 2013-2014, which is 5 days longer than the length of the season in 2012-2013. Divers, rakers and trappers will have a choice of fishing 9 days in October through December (“early season”), or 9 days in December through March (“late season”); draggers will have similar but slightly different choices of fishing 9 “early” or “late” days. In addition, Harvester Logbooks for Zone 2 harvesters (currently located in Ch. 8.20(P), Landings Program, for Zone 1) are proposed.
PUBLIC HEARINGS:
Wiscasset: June 10, 2013, 6:00 p.m., Lincoln County 911 Communications Center, 34 Bath Road
Ellsworth: June 13, 2013, 6:00 p.m., Ellsworth City Hall (Auditorium), One City Hall Plaza
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: June 24, 2013. 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 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: dmr.rulemaking@maine.gov . Website: http://www.maine.gov/dmr/rulemaking/ .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6749
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .

ADOPTIONS

AGENCY: 15-214 - Department of Defense, Veterans, and Emergency Management (DVEM), Maine Emergency Management Agency (MEMA)
CHAPTER NUMBER AND TITLE: Ch. 4, Maine Dam Repair and Reconstruction Revolving Loan Program.
ADOPTED RULE NUMBER: 2013-114
CONCISE SUMMARY: This program is established to provide loans to municipalities and quasi-municipal corporations to conduct engineering studies, estimate costs of dam repair and make necessary repairs to dams owned by the municipality or quasi-municipal corporation. Program participants may borrow up to $100,000. The rule also allows the agency through the State Dam Inspector to rank projects applying for loans according to the condition of the dam and hazard potential. Application requirements, review, approval and disbursement of funds are also outlined in the rules. The application process requires that the dam in question have a current Emergency Action Plan (EAP). There is $300,000 available for the program.
EFFECTIVE DATE: May 20, 2013
AGENCY CONTACT PERSON: Mark Hyland, Defense Veterans and Emergency Management (MEMA), 72 State House Station, 45 Commerce Drive, Suite 2, Augusta, Maine 04333. Telephone: (207) 624-4443. E-mail: Mark.Hyland@Maine.gov .
WEBSITE: http://www.maine.gov/mema/ .
DVEM RULE-MAKING LIAISON: Daniel.Goodheart@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34.10(1)(B), Maine Groundfish Management Plan - Size, Possession and Gear Restrictions; Northeast Multispecies Fishery Regulations Compliance
ADOPTED RULE NUMBER: 2013-115 (Emergency)
CONCISE SUMMARY: These emergency regulations are implemented for compliance and consistency with Framework 48 and Framework 50 to the Northeast Multispecies Fishery Management Plan and NOAA Fisheries Service regulations effective May 1, 2013. This rule applies to commercial and/or recreational groundfish harvesters in the Gulf of Maine. Specifically, changes to the allowable minimum fish size for certain species of groundfish for both commercial and recreational harvesters are being implemented. The effective date of the Framework 48 change regarding minimum fish sizes will be July 1, 2013 to allow states such as Maine the necessary time to come into compliance with these new reduced minimum fish size measures. Emergency rule-making is necessary in order to meet this federal compliance measure timeline
For commercial fisheries, the minimum size for cod is reduced from 22 inches to 19 inches; for haddock the minimum size is reduced from 18 inches to 16 inches; for witch flounder (gray sole) the minimum size is reduced from 14 inches to 13 inches; for yellowtail flounder the minimum size is reduced from 13 inches to 12 inches; for American plaice (dab) the minimum size is reduced from 14 inches to 12 inches; and for redfish the minimum size is reduced from 9 inches to 7 inches. For recreational fisheries, the minimum haddock size is increased from 18 inches to 21 inches.
The largest overall impact to industry of this rule change is that with minimum sizes for a number groundfish species being reduced, a higher percentage of catch can be landed and not discarded overboard.
This emergency rule-making is necessary for the timely implementation of compliance with the Framework 48 and 50 to the Northeast (NE) Multispecies Fishery Management Plan (FMP) and the Atlantic Coastal Fisheries Cooperative Management Act. As authorized by 12 M.R.S. §6171(3), the Commissioner of the Department of Marine Resources adopts this emergency regulation and will pursue concurrent permanent rule-making.
EFFECTIVE DATE: May 16, 2013
AGENCY CONTACT PERSON: Terry Stockwell - (207) 624-6562
AGENCY: Department of Marine Resources (attn: K. Rousseau), State House Station 21, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov .
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .