May 7, 2014

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/index.html. There is also a list of rule-making liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 29-250 Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 159, Rules Governing the Administration of the Permanent, Semi-permanent Semitrailer Registration Programs.
PROPOSED RULE NUMBER: 2014-P107
BRIEF SUMMARY: The Bureau of Motor Vehicles is proposing to update its rule on the issuance of long term trailer registrations pursuant to 29-A MRSA §512.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: June 9, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Garry Hinkley, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRSA §512
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Robert.O'Connell@Maine.gov .


AGENCY: 01-015 - Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #06-14
PROPOSED RULE NUMBER: 2014-P108
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 .
PUBLIC HEARING: May 22, 2014, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: May 22, 2014
AGENCY CONTACT PERSON / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting
PROPOSED RULE NUMBER: 2014-P109
BRIEF SUMMARY: In accordance with Title 12 MRSA §11152 sub-§3, the Commissioner of Inland Fisheries and Wildlife proposes to adopt antlerless deer permit numbers for the 2014 regular deer hunting season and special muzzle-loading season by setting specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:
WMD 1 - 0 permits
WMD 2 - 0 permits
WMD 3 - 0 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 0 permits
WMD 7 - 0 permits
WMD 8 - 0 permits
WMD 9 - 0 permits
WMD 10 - 0 permits
WMD 11 - 0 permits
WMD 12 – 375 permits
WMD 13 – 0 permits
WMD 14 - 0 permits
WMD 15 – 4,000 permits
WMD 16 – 2,015 permits
WMD 17 – 2,300 permits
WMD 18 – 0 permits
WMD 19 - 0 permits
WMD 20 – 7,165 permits
WMD 21 – 8,550 permits
WMD 22 – 2,290 permits
WMD 23 – 3,750 permits
WMD 24 – 3,380 permits
WMD 25 – 2,610 permits
WMD 26 – 150 permits
WMD 27 - 0 permits
WMD 28 - 0 permits
WMD 29 –600 permits
TOTAL – 37,185
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: June 6, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: 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 .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §11152
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: www.maine.gov/ifw/ .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 850, Identification of Hazardous Wastes
PROPOSED RULE NUMBER: 2014-P110
BRIEF SUMMARY: This rule-making would eliminate the requirement that medicinal nitroglycerin containers be triple rinsed in order to be considered an empty container.
PUBLIC HEARING: A public hearing is not planned. Written requests for a hearing must be received by the comment deadline below.
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed change is 5 p.m., June 6, 2014. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATION: Stacy Ladner, DEP, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-2651. E-mail: Stacy.A.Ladner@Maine.gov . Website: www.maine.gov/dep/rules .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THE RULE: 38 MRSA §1301 et seq., esp. 1319-O(1)
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 6.03, Lobster Processing, Restrictions and Prohibitions
PROPOSED RULE NUMBER: 2014-P111
CONCISE SUMMARY: The proposed regulation change would clarify the requirements for the holder of a Lobster Processor License (LPL) by allowing them to process lobster both in the shell as currently allowed and from the shell as proposed. This change would allow LPL holders to process lobster from the shell without having to separately purchase the Lobster Meat Permit. There were 15 Lobster Processing License (LPL) holders in 2013 and to date there have been 7 licenses issued in 2014. This should marginally make these businesses more profitable and streamlined as they would not be required to additionally purchase the $159 annual Lobster Meat Permit.
PUBLIC HEARINGS: None scheduled
DEADLINE FOR COMMENTS: June 6, 2014. 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: Lt. Jay Carroll, Maine Marine Patrol (207) 667-3373
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). E-mail: dmr.rulemaking@maine.gov . DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6851-B
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 28.01, Marine Worm Harvesting - Sunday Restriction
PROPOSED RULE NUMBER: 2014-P112
CONCISE SUMMARY: This proposed rule-making would implement measures consistent with 12 M.R.S. §6752 which was amended in 2013 in order to set the personal use daily limit of 50 for take or possession of marine worms. Ch. 28 currently allows for the taking of 125 marine worms on Sunday. No person, including those with a commercial marine worm harvesting license, may take more than 50 worms on Sunday under this existing law.
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: June 6, 2014. 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 / SMALL BUSINESS INFORMATION / DMR RULE-MAKING LIAISON: Kevin Rousseau (207-624-6573). Mail written comments to: Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. E-mail: dmr.rulemaking@maine.gov . Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6752
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DMR WEBSITE: http://www.maine.gov/dmr/ .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 85.02, Saltwater Fishing Registration Requirements
PROPOSED RULE NUMBER: 2014-P113
CONCISE SUMMARY: This proposed rule-making would implement measures consistent with 12 M.R.S §6312 which was enacted in 2011 in order to create a recreational saltwater fishing registry and license. It would require that a person who is required to hold a saltwater recreational fishing registration present it upon request to a Marine Patrol Officer or other authorized personnel. Individuals who are exempted from the recreational saltwater fishing registration requirement as set forth in 12 M.R.S. §6312(3) would have to provide proof that they meet one of the exemptions.
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: June 6, 2014. 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: Maj. Jon Cornish (207-624-6550)
Mail written comments to: Department of Marine Resources, attn: K. Rousseau (DMR Rule-making Liaison), 21 State House Station, Augusta, Maine 04333. E-mail: dmr.rulemaking@maine.gov . Fax: (207) 624-6024. TTY: (888) 577-6690(Deaf/Hard of Hearing). DMR rule-making website: http://www.maine.gov/dmr/rulemaking/ .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6312
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .

ADOPTIONS

AGENCY: 01-015 Department of Agriculture, Conservation and Forestry, Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #05-14
ADOPTED RULE NUMBER: 2014-085 (Emergency)
CONCISE SUMMARY: Minimum May 2014 Class I price is $27.72/cwt. plus $1.16/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 $31.08/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: May 4, 2014
AGENCY CONTACT PERSON / MMC RULE-MAKING LIAISON: 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 .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 02-031 Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 630, Rural Medical Access Program
ADOPTED RULE NUMBER: 2014-086
CONCISE SUMMARY: The amendments establish a mechanism for adjusting assessments made under the Rural Medical Access Program on hospitals and physicians when the program fund balance reaches a certain level. The amendments implement statutory changes enacted by 2013 P.L. ch. 170.
EFFECTIVE DATE: May 5, 2014
AGENCY CONTACT PERSON: Ben Yardley, Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207)624-8437. E-mail: Benjamin.Yardley@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
PFR RULE-MAKING LIAISON: Anne.L.Head@Maine.gov .


AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 307, Maine Seed Capital Tax Credit Program, Amendment 8
ADOPTED RULE NUMBER: 2014-087
CONCISE SUMMARY: The amendment implements the changes made by P.L. 2013, Chapter 438: lowers the credit to 50%; eliminates businesses that bring capital into the state as eligible, and creates a new eligibility category for value added natural resource enterprises; increases sales limits of participating companies; gives credit authority on an annualized, rather than cumulative basis, along with other minor changes. The amendment also creates a limited priority for credits to certain funds that earned a partial credit under prior law, for the balance of their credit due if they otherwise comply with applicable law.
EFFECTIVE DATE: May 7, 2014
AGENCY CONTACT PERSON / FAME RULE-MAKING LIAISON: Christopher H. Roney, Finance Authority of Maine, 5 Community Drive< Augusta, ME 04332. Telephone: (207) 620-3520. E-Mail: croney@famemaine.com .
WEBSITE: http://www.famemaine.com/ .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 8 and 32, Elver Transaction Requirements
ADOPTED RULE NUMBER: 2014-088, 089 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making in order to protect the American eel population, specifically elvers, from the risk of unusual damage and imminent depletion by implementing two additional measures pertaining to elver dealers. It has been determined by the DMR and the Maine Marine Patrol that these measures have become necessary in order to prevent overfishing and ensure continued compliance with Atlantic States Marine Fisheries Commission (ASMFC) mandated quota levels for the 2014 elver harvest season.
The first measure being imposed entails a new, minimal administrative requirement for elver dealers. Before purchasing elvers each fishing day (as defined within the regulation), licensed elver dealers will now be required to synchronize their DMR-provided reporting software in order to align with current Department records.
The second measure being imposed would clarify that no person may possess elvers that were harvested outside the State of Maine, except if they are exclusively transporting legally harvested elvers through the State under the authority of the laws of the United States. Maine is required to ensure strict compliance with the 11,749 pound quota mandated by ASMFC. This quota is closely tracked through the use of transaction cards, which establish the records regarding all of the elvers in possession of an elver dealer. Without this restriction, elver dealers could comingle elvers caught out of state with elvers harvested in Maine, making it impossible to ensure accurate tracking of the landings and compliance with the quota.
For these reasons, the Commissioner hereby adopts this emergency rule-making measure as authorized by 12 M.R.S. §6171(3).
EFFECTIVE DATE: May 6, 2014
AGENCY CONTACT PERSON: Col. Joseph Fessenden, Maine Marine Patrol, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. TELEPHONE: (207) 624-6550 E-mail: dmr.rulemaking@maine.gov . Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing).
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .