July 9, 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: 17-229 - Maine Department of Transportation (MaineDOT)
CHAPTER NUMBER AND TITLE:
Ch. 205, Permit-By-Rule Regulations for Aboveground Utility Facilities (repeal; merge subject matter into Ch. 210)
Ch. 210, Utility Accommodation Rules
PROPOSED RULE NUMBER: 2014-P131, P132 (comment deadline extended)
BRIEF SUMMARY: We propose to repeal and replace Ch. 210, our "Utility Accommodation Policy Rules", and to repeal, relocate and amend Ch. 205, our "Permit-By-Rule Regulations for Aboveground Utility Facilities". The repealed "Permit-By-Rule" regulations, with some minor amendments, will be relocated within the new Ch. 210, which will be retitled "Utility Accommodation Rules". These rules set standards for permitting and locating utility facilities within the corridors of all state and state-aid highways.
DETAILED BASIS STATEMENT / SUMMARY: The purpose for this rule-making is to repeal and replace MaineDOT's existing "Utility Accommodation Policy" rules; revised title will be "Utility Accommodation Rules"; also repeal, relocate and amend MaineDOT's existing "Permit-By-Rule Regulations for Aboveground Utility Facilities".
The intent of these rules are to provide administrative procedures and establish minimum requirements governing the location, method of installation, maintenance, adjustment and relocation of the utility facilities on state and state-aid highways.
Major revisions include: inserting Permit-By-Rule regulations, inserting Highway Opening policy and construction requirement details, overhaul standard utility offsets to reflect current Engineering Instructions and Corridor Priority designations, better define where and when Utility Accommodation Rules apply, joint use of poles with regard to installation of MaineDOT traffic signalization equipment, distinguishing between high pressure gas transmission and low pressure gas distribution lines, defining financial responsibility for utility relocation work and project delay claims.
Minor revisions include: tree trimming requirements, location of poles near guardrail ends, underground services, the use of metal gate valve boxes, offsets for maintenance of highway signs and structures, directional drill tip instrument requirements, gas line shutoffs for over-water bridges, preferred corridors for utility occupation, permit requirements for crossing Control Of Access highways and utility coordination.
A PUBLIC HEARING was held on Monday, June 23, 2014, 1:00 p.m. to 3:00 p.m. at the Transportation Building (MaineDOT Office), Child Street, Augusta, Maine - Room 216.
The COMMENT DEADLINE is now extended to: 5:00 p.m., Friday, July 18, 2014.
CONTACT PERSON(S) FOR THIS FILING / SMALL BUSINESS INFORMATION: William Akins, MaineDOT Legal Services; Michael Moreau, MaineDOT Utility Engineer; Department of Transportation, 16 State House Station, Augusta, ME 04333-0016. Telephone: (207) 624-3020. E-mails: William.Akins@Maine.gov ; Michael.Moreau@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: These rules will regulate the accommodation of utility facilities in Urban Compact Areas where the Compact municipality has not adopted more stringent local rules [35-A MRSA §2503 (21)].


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 4, Ambulatory Surgical Center Services
PROPOSED RULE NUMBER: 2014-P152
CONCISE SUMMARY: To comply with Private and Special Law 2014, Ch. 29, which became law on April 30, 2014 without the Governor’s signature, and was enacted with an emergency preamble to be effective immediately, this rule-making restores coverage for services provided through a section of the MaineCare Benefits Manual, Section 4, Ambulatory Surgical Center Services, that was previously eliminated, in Public Law 2011, Ch. 657. This rule provides for the reimbursement of ambulatory surgical centers (ASCs) under the MaineCare program effective July 1, 2014, under rules that are identical to the rules that were in effect on January 1, 2012. The Legislature determined that the elimination of coverage for ASC resulted in access problems for MaineCare beneficiaries, and resulted in a shift of services to more expensive settings. The immediate restoration of coverage for ASC services will address access problems and reduce costs in the MaineCare program.
See http://www.maine.gov/dhhs/policy.shtml for rules and related rule-making documents.
DATE AND PLACE OF PUBLIC HEARING: July 28, 2014, 2:30 p.m. Cross Office Building, 111 Sewall Street, Room 600, Augusta, Maine 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before July 14, 2014.
DEADLINE FOR COMMENTS: Comments must be received by midnight, August 7, 2014.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Peter Kraut, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4041. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing)
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Private and Special Law 2014, Ch. 29
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 888 (New), Designation of Four Members of the Chemicals Class Phthalates as Priority Chemicals
PROPOSED RULE NUMBER: 2014-P153
BRIEF SUMMARY: This draft rule is proposed by citizen petition pursuant to 5 M.R.S. §8055, which was received by the Department on May 14, 2014. The proposed rule designates four members of the chemical class phthalates as priority chemicals and requires reporting for certain product categories that contain one or more of the four listed phthalates. The proposal applies to manufacturers of specified product categories that contain intentionally added di92-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), or diethyl phthalate (DEP).
As provided by Maine law at 38 M.R.S. §1694, the Department has the authority to promote chemicals on Maine’s chemicals of high concern list to priority status through routine technical rulemaking. If a chemical meets certain statutory criteria it may be designated as a priority chemical by the Commissioner, with concurrence by the Department of Health and Human Service, Maine Center for Disease Control (“Maine CDC”). Once classified as a priority chemical, the Department has the authority to require manufactures of specified product categories to report their use of a priority chemical above de minimis levels.
Copies of these rules are available upon request by contacting the agency contact person or on the DEP website at www.maine.gov/dep/rules/ .
Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making 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.
PUBLIC HEARING: July 29, 2014, Department of Environmental Protection, Response Building, Blossom Lane, Augusta, Maine.
COMMENT DEADLINE: September 29, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kerri Malinowski, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 215-1894. Fax: (207) 287-7641. E-mail: Kerri.Malinowski@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §1694
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 4, Ambulatory Surgical Center Services
ADOPTED RULE NUMBER: 2014-133 (Emergency)
CONCISE SUMMARY: To comply with Private and Special Law 2014, Ch. 29, which became law on April 30, 2014 without the Governor’s signature, and was enacted with an emergency preamble to be effective immediately, this emergency rule-making restores coverage for services provided through a section of the MaineCare Benefits Manual, Section 4, “Ambulatory Surgical Center Services”, that was previously eliminated, in Public Law 2011, Ch. 657. This rule provides for the reimbursement of ambulatory surgical centers (ASCs) under the MaineCare program effective July 1, 2014, under rules that are identical to the rules that were in effect on January 1, 2012. The Legislature determined that the elimination of coverage for ASC resulted in access problems for MaineCare beneficiaries, and resulted in a shift of services to more expensive settings. The immediate restoration of coverage for ASC services will address access problems and reduce costs in the MaineCare program.
The Department is seeking approval of a State Plan Amendment from the Centers for Medicare and Medicaid Services.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: July 1, 2014
AGENCY CONTACT PERSON: Peter Kraut, Comprehensive Health Planner, Division of Policy, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4041. Fax: (207) 287-1864. TTY: 711. E-mail: Peter.Kraut@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services OMS – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 109, Speech & Hearing Services
ADOPTED RULE NUMBER: 2014-134
CONCISE SUMMARY: The Department is adopting changes to implement new rates and codes for Section 109, “Speech & Hearing Services”, subject to approval by the Centers for Medicare and Medicaid Services.
The Department utilizes federal Medicare rates as the basis for its rates of reimbursement for Medicaid services. In addition, pursuant to 45 C.F.R. §§ 162.1000 and 162.1002, the Department uses the Current Procedural Terminology (CPT) and Hea1thcare Common Procedure Coding System (HCPCS) code sets for the coding of its Medicaid services. The code sets and Medicare rates are periodically updated by the American Medical Association CPT Editorial Panel and the federal Department of Health and Human Services, respectively. Pursuant to 45 C.F.R. §162.1001, each code set is valid within the dates specified by the organization responsible for maintaining that code set.
The codes utilized for Speech and Hearing Services were recently updated by the American Medical Association CPT Editorial Panel, in October of 20 13, with a generally intended effective date of January 1, 2014. In addition, the Medicare rates for Speech and Hearing Services also changed, and the Department received notice of those rates from CMS on or about January 6, 2014.
The adopted changes made to this rule align with current 2014 CPT codes and current Medicare rates for Speech and Hearing Services. These changes include the elimination of code 92506 with the addition of codes 92521, 92522, 92523, and 92524.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: July 6, 2014
AGENCY CONTACT PERSON: Carl Bernier, Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-624-4031 Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Cari.Bernier@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 94-434 -Maine Educational Loan Authority (MELA)
CHAPTER NUMBER AND TITLE: Ch.1, Supplemental Education Loan Program Rules
ADOPTED RULE NUMBER: 2014-135
CONCISE SUMMARY: This rule-making amends the “Supplemental Education Loan Program Rules” to make revisions to the repayment terms for the Authority’s regular loan programs and to the underwriting criteria for the consolidation loan program. The rule amendment will: (1) expand the repayment term options to include immediate repayment of principal and interest, interest only payments, and full deferment of principal and interest for the Authority’s regular loan programs; and (2) modify the minimum annual income from $20,000 to $30,000 for the consolidation loan program to reflect current market conditions.
EFFECTIVE DATE: July 5, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Shirley M. Erickson, Maine Educational Loan Authority, 131 Presumpscot Street, Portland, ME 04103. Telephone: (207) 400-3011. E-mail: serickson@mela.net .
WEBSITE: http://www.mela.net/ .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 6, Lobster Processing: 6.03, Restrictions and Prohibitions
ADOPTED RULE NUMBER: 2014-136
CONCISE SUMMARY: This regulation change clarifies 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 allows 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.
As authorized by 12 M.R.S §6171, the Commissioner of Marine Resources adopts this regulation.
EFFECTIVE DATE: July 8, 2014
AGENCY CONTACT PERSONS: Kevin J. Rousseau, Department of Marine Resources, 21 State House Station, 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 .
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 26, Sea Urchin Regulations and 2014-2015 Harvesting Season; Ch. 8.20(P), Landings Program - Urchin Harvest
ADOPTED RULE NUMBER: 2014-137, 138
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 2014-2015 season, and a daily catch limit for Zone 1 harvesters.
For Zone 1, a 15-day season is adopted for divers, trappers, rakers and draggers in 2014-2015, which is the same number of days as in the 2013-2014 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 and January (“early season”), or February and March (“late season”). This regulation would change the deadline for Zone 1 harvesters to change their early/late season designation, from September 1 to August 15. This regulation would also establish a daily catch limit of no more than twelve (12) totes (about 1000 lbs.) for Zone 1 harvesters.
For Zone 2, a 38-day season is adopted for divers, trappers, rakers and draggers in 2014-2015, which is the same number of days as in the 2013-2014 season. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers would have a choice of fishing 38 days in late September through December (“early season”), or 38 days in December through March (“late season”); and draggers would have 38 days in October through December plus March (“early season”) or December through March (“late season”).
For the Whiting & Dennys Bays Limited Access Area in Zone 2, a 9-day season is adopted for Zone 2 divers, trappers, rakers and draggers in 2014-2015, which is the same number of days as the season in 2013-2014. Zone 2 divers, rakers and trappers would have a choice of fishing 9 days in November and December (“early season”), or 9 days in December and March (“late season”); both early and late season Zone 2 draggers would have 9 days in December and March. The Sea Urchin Zone Council recommended the selection of these particular days.
In addition, the expiration dates for Harvester Logbooks for Zone 1 and Zone 2 harvesters (currently located in Ch. 8.20(P) (Landings Program) and the Pemaquid Point Sea Urchin Research Conservation Area are to be removed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6749
EFFECTIVE DATE: July 8, 2014
AGENCY CONTACT PERSON: Trisha DeGraaf, Department of Marine Resources, 21 State House Station, Augusta, ME 04333-0021. Telephone: (207) 624-6554. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). E-mail: Kevin.Rousseau@Maine.gov .
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 28.01, Marine Worm Harvesting - Sunday Restriction
ADOPTED RULE NUMBER: 2014-139
CONCISE SUMMARY: This rule-making implements 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.
As authorized by 12 M.R.S §6171, the Commissioner of Marine Resources adopts this regulation.
EFFECTIVE DATE: July 8, 2014
AGENCY CONTACT PERSONS: Kevin J. Rousseau, Department of Marine Resources, 21 State House Station, 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 .
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 85.02, Saltwater Fishing Registration Requirements
ADOPTED RULE NUMBER: 2014-140
CONCISE SUMMARY: This rule-making implements 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 requires 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.
As authorized by 12 M.R.S §6171, the Commissioner of Marine Resources adopts this regulation.
EFFECTIVE DATE: July 8, 2014
AGENCY CONTACT PERSONS: Kevin J. Rousseau, Department of Marine Resources, 21 State House Station, 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 .
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 105, First Aid/CPR Requirement Streamlining for Scallop and Urchin Dive and Tender License Holders
ADOPTED RULE NUMBER: 2014-141
CONCISE SUMMARY: This rule-making is required due to DMR’s new online license renewal initiative. The DMR is concerned that requiring commercial scallop and urchin diver and tender license holders to upload proof of required CPR/First Aid certification could lead to delays in processing renewals. Therefore, a box would be checked during online renewal by the license holder attesting to the fact that they have a current, valid CPR/First Aid certification. License holders still must possess and provide proof of their required training per 12 MRS §6533 upon request by a Marine Patrol officer. As authorized by 12 M.R.S §6533, the Commissioner of Marine Resources adopts this regulation.
EFFECTIVE DATE: July 8, 2014
AGENCY CONTACT PERSONS: Kevin J. Rousseau Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov .
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .