December 10, 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: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 4, Disciplinary Action and Violations of Law
PROPOSED RULE NUMBER: 2014-P265
BRIEF SUMMARY: The proposed rule change is simply to mirror language in statute that Legislature revised last year to update terminology regarding substance misuse.
PUBLIC HEARING: None
COMMENT DEADLINE: January 10, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / BOARD RULE-MAKING LIAISON: Myra A. Broadway, JD, RN, MS - Executive Director, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333. Telephone: (207) 287-1133. E-mail: Myra.A.Boardway@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 M.R.S. §2153-A(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/boardofnursing/ .


AGENCY: 29-250 Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 162, The Administration of the International Registration Plan
PROPOSED RULE NUMBER: 2014-P266
BRIEF SUMMARY: The Bureau of Motor Vehicles proposes to amend rule Ch. 162, "The Administration of the International Registration Plan", to conform to changes to the IRP Agreement as a result of IRP ballot 384, "Full Reciprocity." Specifically, ballot 384 removed all references to estimated distance; provides that jurisdictional fees are calculated on actual distance; or provides that when a registrant has no actual operations during the reporting period state average distance is used for all member jurisdictions. Each IRP registrant will be authorized to travel in all IRP jurisdictions.
PUBLIC HEARING: None
COMMENT DEADLINE: January 9, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Garry Hinkley, Maine 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 (if any)
STATUTORY AUTHORITY FOR THIS RULE: 29A MRSA §531
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Robert.O'Connell@Maine.gov .

ADOPTIONS

AGENCY: 01 001 - Department of Agriculture Conservation and Forestry
CHAPTER NUMBER AND TITLE: Ch. 203, Rules for the Participation in the Maine Chronic Wasting Disease Surveillance Program
ADOPTED RULE NUMBER: 2014-277
CONCISE SUMMARY: This rule amendment brings Maine's Chronic Wasting Disease (CWD) Herd Certification Program (HCP) into compliance with new federal minimum standards that went into effect in December of 2012. The amendment requires that captive cervid operations enrolled in the CWD HCP must submit CWD samples for testing from all natural deaths of cervids over 12 months of age (prior requirement was over 16 months). The rule amendment provides that facility inspections, herd inventory reviews and testing should be consistent with new federal regulations. The amendment also requires that the operation must submit CWD samples from slaughtered and/or harvested cervids over 12 months of age so that the total sample size does not exceed a 2 percent prevalence level and 95 percent confidence.
EFFECTIVE DATE: December 8, 2014
AGENCY CONTACT PERSON: Mari Wells-Eagar, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, ME 04333-0022. Telephone: 207-287-4909. E-mail: Mari.Wells@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/index.shtml .


AGENCY: 01 001 - Department of Agriculture Conservation and Forestry
CHAPTER NUMBER AND TITLE: Ch. 206, Prevention and Control of Certain Diseases of Domestic Animals and Poultry
ADOPTED RULE NUMBER: 2014-278
CONCISE SUMMARY: This rule amendment brings Maine's Chronic Wasting Disease (CWD) Herd Certification Program (HCP) into compliance with new federal minimum standards that went into effect in December of 2012. This amendment adds Chronic Wasting Disease (CWD) to Maine's Reportable Animal Disease (RAD) list, which is contained in this rule.
EFFECTIVE DATE: December 8, 2014
AGENCY CONTACT PERSON: Mari Wells-Eagar, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, ME 04333-0022. Telephone: 207-287-4909. E-mail: Mari.Wells@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/index.shtml .


AGENCY: 01-026 Department of Agriculture, Conservation and Forestry, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Ch. 20, Special Provisions
ADOPTED RULE NUMBER: 2014-279
CONCISE SUMMARY: The Board added a requirement for applicators making outdoor treatments to residential properties to implement a system to positively identify application sites in a manner approved by the Board. This requirement has been in policy for several years.
CHAPTER NUMBER AND TITLE: Ch. 31, Certification and Licensing Provisions / Commercial Applicators
ADOPTED RULE NUMBER: 2014-280
CONCISE SUMMARY: Three amendments were made to Ch. 31:
1. Certain applications were exempted from commercial licensing requirements. These were previously exempted in policy:
* Adults applying repellents to children with the consent of parents/guardians;
* Persons installing antimicrobial metal hardware.
2. An exemption was added for aerial applicators certified in other states to allow for issuance of reciprocal licensing without passing a written exam when the staff determines that an urgent pest issue exists if staff verbally reviews pertinent Maine laws with the applicator.
3. The time period a person must wait before re-taking an exam they have failed was shortened to 6 days.
CHAPTER NUMBER AND TITLE: Ch. 32, Certification and Licensing Provisions / Private Applicator
ADOPTED RULE NUMBER: 2014-281
CONCISE SUMMARY: The time period a person must wait before re-taking an exam they have failed was shortened to 6 days.
CHAPTER NUMBER AND TITLE: Ch. 33, Certification & Licensing Provisions / Private Applicators of General Use Pesticides (Agricultural Basic License)
ADOPTED RULE NUMBER: 2014-282
CONCISE SUMMARY: The time period a person must wait before re-taking an exam they have failed was shortened to 6 days.
CHAPTER NUMBER AND TITLE: Ch. 41, Special Restrictions on Pesticide Use
ADOPTED RULE NUMBER: 2014-283
CONCISE SUMMARY: Ch. 41 was amended to eliminate the restrictions on hexazinone relative to pesticide distributors and air-assisted application equipment.
EFFECTIVE DATE: December 9, 2014
AGENCY CONTACT PERSON / BOARD RULE-MAKING LIAISON: Henry Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-2731. E-mail: Henry.Jennings@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/php/pesticides/index.shtml .


AGENCY: 19-498 Department of Economic and Community Development, Office of Community Development (OCD)
CHAPTER NUMBER AND TITLE: Ch. 43 (New), Program Statement for Administering the 2015 Maine Community Development Block Grant Program. (19-498 CMR Ch. 43)
ADOPTED RULE NUMBER: 2014-284
CONCISE SUMMARY: This rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
EFFECTIVE DATE: December 13, 2014
AGENCY CONTACT PERSON: Deborah Johnson, Director OCD, Department of Economic & Community Development, Office of Community Development, DECD/OCD, State House Station 59, 111 Sewall Street, Augusta, Maine 04333-0059. Telephone: (207) 624-9817. E-mail: Deborah.Johnson@Maine.gov .
OCD WEBSITE: http://www.maine.gov/decd/meocd/ .
DECD RULE-MAKING LIAISON: Douglas.Ray@Maine.gov .


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01, Upland Game and Furbearing Animals – (J) Size of Traps, (K) Location of and Preparation for Traps
ADOPTED RULE NUMBER: 2014-285 (Emergency)
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule limiting some of the trap types and sizes that may accidentally capture the federally threatened Canada Lynx in Northern Maine (WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 18, 19). This emergency rule has been adopted to comply with the Incidental Take Permit issued by the U.S. Fish and Wildlife Service for Maine’s Trapping program on November 4, 2014, with an effective date of November 17, 2014. This is a 15-year permit which will expire November 3. 2029. In this permit, the Department agreed to take measures to limit the “lethal take” of Canada Lynx as described in The Department’s “2014 Final Incidental Take Plan for Maine’s Trapping Program”. In the Plan, the Department agreed to adopt regulatory measures to prevent further lethal take of lynx when two lynx had been killed or were permanently injured and unable to be released.
EFFECTIVE DATE: December 9, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Becky Orff, Department of Inland Fisheries and Wildlife, #41 State House Station – 284 State Street, Augusta, ME 04333-0041. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .