August 13, 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: 12-170 - Department of Labor (DOL), Bureau of Labor Standards
CHAPTER NUMBER AND TITLE: Ch. 11, Rules Governing Hazardous Occupations for Minors Under the Age of Eighteen in Non-Agricultural Employment
PROPOSED RULE NUMBER: 2014-P169 (additional information – originally posted July 30, 2014, which see)
There are slight changes to the rules posted on 7/30/2014: correct two typos on page 1 and one typo on page 8; add a clarifying section (B-6) on page 6; and move paragraph D from page 7 and renumber it as paragraph F on page 8 to improve content flow.
PUBLIC HEARING: Friday, August 22, 2014 - 10 a.m. to 12 noon SafetyWorks! Conference Room, 45 Commerce Drive, Augusta, ME 04333
COMMENT DEADLINE: Wednesday, September 3, 2014 by 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOL RULE-MAKING LIAISON: Susan Wasserott, Maine Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. E-mail: Susan.Wasserott@Maine.gov .


AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 306, Uniform Information Disclosure and Informational Filing Requirements
PROPOSED RULE NUMBER: 2014-P181
BRIEF SUMMARY: The Public Utilities Commission initiates a rule-making to remove certain provisions from the uniform Information Disclosure and Informational Filing rule (Ch. 306). In this rule-making, the PUC proposes to remove section 2(D) containing the requirement for the contents of the competitive electricity provider (CEP) terms of service document and section 3 containing CEP informational filing requirements, and add them to Ch. 305, Licensing Requirements, Annual Reporting, Enforcement and Consumer Protection Provisions for Competitive Provision of Electricity.
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: September 19, 2014. Written comments should refer to the docket number of this proceeding, Docket No. 2014-00215, and be filed through the Commission’s case management system.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Mitch Tannenbaum, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1391. E-mail: Mitchell.Tannenbaum@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 1301, 3203(3), 3203(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .


AGENCY: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 305, Licensing Requirements, Annual Reporting, Enforcement and Consumer Protection Provisions for Competitive Provision of Electricity
PROPOSED RULE NUMBER: 2014-P182
BRIEF SUMMARY: Over the last several years, there has been a significant increase in competitive activity involving residential and small commercial customers. This increased competitive activity has highlighted the need for a review of the provision of Ch. 305. Accordingly, this rule-making focuses primarily on amendments to the consumer protection provisions of the rule, as well as other proposed changes based on our experience in implementing the rule.
PUBLIC HEARING: September 3, 2014, 10:00 a.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: September 19, 2014. However, the Commission requests that comments be filed by August 29, 2014 to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2014-00214, and be filed through the Commission’s case management system.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Mitch Tannenbaum, Public Utilities Commission, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1391. E-mail: Mitchell.Tannenbaum@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 3203
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov .


AGENCY: 12-597 - Department of Labor (DOL), Bureau of Employment Services
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Governing Implementation of the Trade Adjustment Assistance Program
PROPOSED RULE NUMBER: 2014-P183
BRIEF SUMMARY: The proposed changes update the state TAA rules to match the recent changes to the Federal Trade Adjustment Assistance Act (TAA). Recent federal rule changes included several changes to benefit levels under this program depending on the approved rules at the time the petition was certified. The TAA program is federally funded providing wage subsidy, training, job search and relocation assistance to customers covered under approved petitions. Trade petitions are filed by a group of workers, union representation, company officials or state personnel when layoffs occur due to foreign competition.
DETAILED BASIS STATEMENT / SUMMARY: The Federal Trade Adjustment Assistance Program has gone through many rule changes at the federal level for the past few years. With every rule change, it is necessary for the state rules to be updated to outline the benefit changes. The rules in 2009 were expanded to include additional and increased benefits. Since no extension of the these rules were approved, a sunset provision went into place in 2011 which then lead to another version of trade laws – TAA Extension Act being approved in October of 2011. During the sunset provision, benefits reverted back to the prior 2009 levels and then with the approval of the TAA Extension Act customers who had received a service and approved during the sunset timeframe could choose coverage under the laws of 2002 or 2011. This choice had to be made by February 2012 or 2002 laws would govern their services during enrollment. New customers covered under petitions numbered 80,000 to 80,999 are now covered under the 2011 laws. All new petitions numbered 81,000 – 84,999 are also under the 2011 laws. TEGL 7-13 was issued on December 27, 2013 outlining changes to petitions number 85,000 +. These rules are a combination of old and new rules as far as application timeframes and benefits.
PUBLIC HEARING: None
COMMENT DEADLINE: Friday, September 12, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DOL RULE-MAKING LIAISON: Susan Wasserott, Maine Department of Labor, 54 State House Station, Augusta, ME 04333. Telephone: (207) 621-5096. Fax: (207) 287-5292. E-mail: Susan.Wasserott@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 26 MRSA §2051
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/labor/bes/index.shtml .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 7, Requirements for Municipalities Having Shellfish Conservation Programs
PROPOSED RULE NUMBER: 2014-P184
CONCISE SUMMARY: The proposed amendments would update the regulations for towns with approved Shellfish Conservation Programs by adding definitions, clarifying management responsibilities, clarifying the revocation of approved ordinance procedures; clarifying the license allocation process, specifying conservation closure and opening permit requirements and defining conservation activities and procedures.
PUBLIC HEARINGS:
Brunswick: September 2, 2014, 4:00 p.m., Brunswick Town Hall Room 206, 85 Union Street
Machias: September 3, 2014, 4:00 p.m., University of Maine-Machias, Clipper Lounge of Sennett Hall
Ellsworth: September 4, 2014, 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: September 15, 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: Denis-Marc Nault (207-422-2092)
AGENCY: Department of Marine Resources, attn.: K. Rousseau (DMR rule-making liaison), 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. §§ 6671, 6673, 6681
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 15, General Shellfish Sanitation Requirements
PROPOSED RULE NUMBER: 2014-P185
CONCISE SUMMARY: The proposed rule-making would remove regulations that DMR does not implement such as the Performance Based Inspection Program and remove unnecessary language including the shellfish bacteriological standards and shellfish contamination standards for import. The proposed rule-making also incorporates the most recent updates to the 2013 National Shellfish Sanitation Program Guide and makes editorial clarifications throughout including to the wet storage, comingling and definitions sections. The proposed changes also allow for the retail sale of shellstock from an aquaculture lease or LPA site consistent with recent statute changes and allow dealer to dealer bulk tagging of product.
PUBLIC HEARINGS:
Brunswick: September 2, 2014, 4:00 p.m., Brunswick Town Hall Room 206, 85 Union Street
Machias: September 3, 2014, 4:00 p.m., University of Maine-Machias, Clipper Lounge of Sennett Hall
Ellsworth: September 4, 2014, 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: September 15, 2014
AGENCY CONTACT PERSON: John Fendl (207-592-8934)
AGENCY: Department of Marine Resources, attn.: K. Rousseau (DMR rule-making liaison), 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. §6856
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 11, Atlantic Sea Scallop Regulations and 2014-2015 Harvesting Season
PROPOSED RULE NUMBER: 2014-P186
CONCISE SUMMARY: This proposed rule-making establishes the 2014-2015 scallop fishing season. This season is proposed with the understanding that the length of the season as presented likely far exceeds what the resource can sustain, and that the Department may need to use emergency rule-making authority during the season to prevent overfishing. The industry, through the Scallop Advisory Council, has requested that the Department provide the fishing opportunity up front, and make adjustments in season as necessary. The Department is willing to take this approach in part because this fishery is prosecuted in the winter months, and proposing a very limited season could create an incentive to fish in unsafe conditions. The Department will take action to continue to rebuild the scallop resource, as well as provide stability and predictability for the industry into the future. After the fishery experienced an all-time low in 2005 of 33,000 lbs. of landings, Maine fishermen and the DMR began to implement a series of forward thinking management measures aimed at rebuilding the depleted scallop resource while also providing some economic opportunity in a limited fishery.
The 2014-15 season follows the pattern of the 2013-14 season with a daily possession limit for Zone 1 & 2 of 15 gallons with a 70-day season, while Zone 3 would have a 10-gallon daily limit with a 50-day season. For Zone 1 & 2, a 70-day season is set for draggers to start on December 1, 2014 with fishing prohibited on Fridays, Saturdays and Sundays in December, January, February and April. December 26, 2013 and January 2, 2015 are open and December 24, 25 and 31, 2014 would be closed. Scallop fishing by Zone 1 & 2 draggers in the month of March would be prohibited on Thursdays, Fridays and Saturdays. The proposed last day of the Zone 1 & 2 drag season is April 9, 2015. For Zone 1 & 2, a 70-day season is set for divers to start on December 3, 2014 with fishing prohibited on Sundays, Mondays and Tuesdays in December, March and April. December 24, 25 and 31, 2014 would be closed. Scallop fishing by Zone 1 & 2 divers in the months of January and February would be prohibited on Sundays, Mondays and Tuesdays plus January 1, 2015 would be closed. The proposed last day of the Zone 1 & 2 dive season is April 15, 2015. For Zone 3, a 50-day season is set for draggers to start on December 1, with fishing prohibited on Thursdays, Fridays, Saturdays and Sundays. December 24, 25, and 31, 2014 and January 1, 12, 13, 14, 19, 20 and 21, 2015 would be closed and December 26, 2014 and January 2, 2015 would be open. For Zone 3, a 50-day season is set for divers to start on December 4, 2014 with fishing prohibited on Sundays, Mondays, Tuesdays and Wednesdays in December, March and April. December 23 and 30, 2014 would be open and December 24, 25 and 31, 2014 would be closed. Scallop fishing by Zone 3 divers in the months of January and February would be prohibited on Saturdays, Sundays, Mondays and Tuesdays plus January 1, 14, 15, 16, 21, 22 and 23, 2015 would be closed. The last day of the Zone 3 dive season is April 11, 2015.
In addition, the DMR is proposing to implement a number of targeted closures based on depletion and the presence of spat-producing scallops which include Eastern Casco Bay, Damariscotta River, Ocean Point, Muscle Ridge (open two days per week) and Lower Muscle Ridge as well as to protect municipal mooring fields in Blue Hill Harbor, Western Blue Hill Bay, Bartlett’s Harbor, Seal Harbor, Northeast Harbor and Somes Harbor. Also, the DMR is proposing language to clarify daily possession limits. Finally, the trigger mechanism will be extended to the entire state scallop fishery, whereby if the DMR receives information indicating that a likelihood of 30-40% of the harvestable biomass has been removed, the Commissioner will close harvesting for the remainder of the season through emergency action.
PUBLIC HEARINGS:
Brunswick: September 2, 2014, 6:00 p.m., Brunswick Town Hall Room 206, 85 Union Street
Machias: September 3, 2014, 6:00 p.m., University of Maine-Machias, Clipper Lounge of Sennett Hall
Ellsworth: September 4, 2014, 6:00 p.m., Ellsworth City Hall Auditorium, One City Hall Plaza
Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson, at (207) 624-6550.
DEADLINE FOR COMMENTS: September 15, 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: Trisha De Graaf (207-624-6554)
MAIL WRITTEN COMMENTS TO: attn.: Kevin Rousseau, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333 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/ .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §§ 6171, 6728-C

ADOPTIONS

AGENCY: 16-219 - Department of Public Safety (DPS), Office of the Commissioner
CHAPTER NUMBER AND TITLE: Ch. 70 (New), Regulation Establishing Critical Incident Stress Management Team Training Standards
ADOPTED RULE NUMBER: 2014-156
CONCISE SUMMARY: The principal reason for this regulation is to establish the training standards that must be met for a team to qualify as a "critical incident stress management team."
EFFECTNE DATE: August 20, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Christopher Parr, Department of Public Safety, Maine State Police, 45 Commerce Drive - Suite 1, 42 State House Station, Augusta, ME 04333-0042. Telephone: (207) 624-7205. E-mail: Christopher.Parr@Maine.gov .
WEBSITE: http://www.maine.gov/dps/msp/ .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBERS AND TITLES:
Ch. 25, Lobster and Crab: 25.40, Green Crab Harvest Facilitation
Ch. 8, Landings Program: 8.02, Compliance; 8.20(A), Harvester Reporting Green Crabs
ADOPTED RULE NUMBERS: 2014-157, 158
CONCISE SUMMARY: This regulation would improve the ability of individuals to collect and remove from coastal Maine waters the invasive and damaging green crab species. The considerable adverse effect of green crab predation on Maine’s valuable shellfish population has increased the importance of streamlining and improving DMR regulations regarding the harvest of green crabs.
The regulations include: eliminating the restriction on the taking of green crabs as by-catch by licensed commercial lobster harvesters; no longer requiring a lobster/crab license holder to obtain a green crab-only license in order to sell green crabs; eliminating the harvester reporting requirement for green crabs; and clarifying requirements prohibiting harvesting green crabs at night and the usage of unapproved bait.
As authorized by 12 M.R.S §§ 6171 and 6173, the Commissioner of Marine Resources adopts this regulation.
EFFECTIVE DATE: August 10, 2014
AGENCY CONTACT PERSON: Meredith Mendelson, Deputy Commissioner (207-624-6550)
AGENCY NAME: 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). DMR rule-making website: http://www.maine.gov/dmr/rulemaking/ . DMR rule-making e-mail: dmr.rulemaking@maine.gov .
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)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations: Recreational Cod and Haddock Federal Compliance Regulations (regular concurrent rule-making)
ADOPTED RULE NUMBER: 2014-159
CONCISE SUMMARY: In accordance with the New England Fisheries Management Council and for consistency with the National Marine Fisheries Service (NMFS) federal regulations effective May 1, 2014, the Department enacted emergency rule-making on May 15, 2014 for all persons aboard charter, party and recreational fishing vessels operating in state waters regarding cod and haddock. For recreational cod fishing, the minimum fish size increases from 19 inches to 21 inches and the closed season is increased by two months and is now September 1, 2014 through April 14, 2015. For recreational haddock fishing, the daily per angler bag limit decreases from an unlimited amount to three fish per day and the closed season increases by four months and is now September 1 through November 20, 2014 and March 1 through April 30, 2015.
This rule-making would make that emergency rule-making permanent.
The recreational catch of both Gulf of Maine cod and haddock exceeded the catch limit in place for FY 2013. Because the FY 2013 recreational overage was substantial, significant changes in management measures were deemed necessary by NMFS to ensure the recreational fishery does not exceed its catch limit again in FY 2014. A very small bag limit was deemed required to sufficiently reduce recreational haddock catch and prevent additional quota overages. Analysis shows that many anglers encounter and keep only small numbers of haddock. The available information for FY 2013 shows that, on average, less than one haddock was kept per angler.
No comments were received on this proposed rule-making.
EFFECTIVE DATE: August 10, 2014
AGENCY CONTACT PERSON: Mr. Bruce Joule (207-633-9505)
AGENCY NAME: Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). DMR rule-making e-mail: dmr.rulemaking@maine.gov . DMR rule-making website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 99-420 - Maine Turnpike Authority
CHAPTER NUMBERS AND TITLES:
Ch. 1, Regulations Governing the Use of the Turnpike (amendment)
Ch. 2, Regulations for the Installation of Logo Signs on the Maine Turnpike (amendment)
Ch. 3 (New), Rules Governing Supplemental Guide Signs on the Maine Turnpike
ADOPTED RULE NUMBER: 2014-160, 161, 162
CONCISE SUMMARY: Ch. 1 is amended to raise the speed limit by 5 mph on most of the Maine Turnpike, clarify provisions relating to parking, pedestrians and vegetation on MTA land, change the section on over limit permits to align requirements more closely with state requirements and establish a system for vehicles not eligible for permits to obtain over limit permits in special situations. Ch. 2 is amended to specifically define categories of attractions eligible for logo signs on the Maine Turnpike, to add physical specifications for signs to the rules, to allow the MTA to give preference under the logo sign program to destinations that formerly were served by a supplemental guide sign, and to require destinations to pay for replacement of logo signs when they wear out. A new Ch. 3 is added to the MTA rules to establish a process for handling requests to the MT A for new supplemental guide signs or changes to existing supplemental guide signs.
EFFECTIVE DATE: August 11, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Jonathan Arey, Maine Turnpike Authority, 2360 Congress Street, Portland, Maine 04102. Telephone: (207) 482-8136. E-mail: JArey@MaineTurnpike.com .
WEBSITE: http://www.maineturnpike.com/Home.aspx .