April 1, 2015

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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03(A-3), Expanded Archery Season (a portion of WMD 24)
PROPOSED RULE NUMBER: 2015-P051
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to amend the Expanded Archery Deer Hunting Season areas by updating road names and routes within a portion of Wildlife Management District 24 to remove the Town of Phippsburg from the expanded archery hunting area. A copy of the proposed changes may be obtained from the Agency Contact Person listed above.
PUBLIC HEARING: April 22, 2015 at 6:30 p.m. – Phippsburg Elementary School, Gymnasium, 1047 Main Road, Phippsburg.
COMMENT DEADLINE: May 4, 2015
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 §11402
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 01-015 - Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #05-15
PROPOSED RULE NUMBER: 2015-052
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: April 23, 2015, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: April 23, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / 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; 7 MRSA §2954


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05, Moose hunting permits (WMD 9)
PROPOSED RULE NUMBER: 2015-P053
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife, at the request of 5 or more members of the public, will be holding a public hearing to discuss moose permit recommendations that were proposed in WMD 9 in a previous rulemaking notice advertised on February 18, 2015. Proposed permit allocations for WMD 9 are as follows: WMD 9 - 100 bulls / 50 antlerless .
The public hearing is being held to solicit oral and or written comments regarding moose permit allocations in WMD 9 only.
PUBLIC HEARING: Friday, April 24, 2015 @ 6:00 p.m. – Greenville Consolidated School, 130 Pritham Avenue, Greenville
COMMENT DEADLINE: May 4, 2015
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 §11551
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (MaineCDC)
CHAPTER NUMBER AND TITLE: Ch. 258, Rules for the Control of Notifiable Diseases and Conditions
PROPOSED RULE NUMBER: 2015-P054
BRIEF SUMMARY: The Department proposes updates to the Rules for the Control of Notifiable Diseases and Conditions to better align with new and emerging diseases and more efficient methods of reporting being adopted nationally. The Department is proposing updates to the notifiable diseases and conditions list to better reflect diseases that are most important to prevent and control to protect public health in Maine.
DETAILED BASIS STATEMENT / SUMMARY: The Department proposes updates to the Rules for the Control of Notifiable Diseases and Conditions to better align with new and emerging diseases and more efficient methods of reporting being adopted nationally. The Department is proposing updates to the notifiable diseases and conditions list to better reflect diseases that are most important to prevent and control to protect public health in Maine.
Specifically the state proposes the following changes:
1. Update the Table of Contents to reflect changes in page numbers and section titles (pg. 1)
2. Update and move summary of rule section (pg. 1-2)
3. Reorder the definitions to be in alphabetical order (pg. 2-5)
4. Remove unused day care facility definition (pg. 2)
5. Add definition of Electronic Laboratory Reporting and Electronic Laboratory Reporting Implementation Guide (pg. 3)
6. Update the wording for Health Care Facility and Infection Control Preventionist (pg. 3, 4)
7. Update the definition for non-compliant person (pg. 4)
8. Update the wording for notifiable condition (pg. 4)
9. Remove sexually transmitted infection definition (pg. 5)
10. Update the fields required in disease reports (pg. 7-8)
11. Update the What To Report section with more details about non-compliance and public health threats as well as other sections’ language regarding it (pg. 9, 15, 19, 20, 21)
12. Change references that included Department to Maine CDC for disease reporting (pg. 8, 9, 14)
13. Update the When To Report section and Where to Report sections (pg. 9, sections C & D)
14. Update to include electronic means of reporting (pg. 9, section D)
15. Add electronic laboratory reporting language (pg. 9, section E)
16. Update to include another statute reference (pg. 10, section G.1 & 2 )
17. Refine what is required to be sent to Health and Environmental Testing Laboratory (pg. 12, Section I)
18. Update the Notifiable Diseases and Conditions List to add new diseases, fix inaccuracies, subtract diseases, and clarify disease, outbreak, and unusual illness reporting (pg. 12-14, Section I)
19. Add section regarding temporarily reportable conditions to account for rapidly emerging diseases (pg. 14, Section I)
20. Update and clarify section regarding outbreaks and unusual illness of infectious cause (pg. 14, Section 4)
21. Add section regarding emergency department reporting requirements (pg. 15, Section 5)
22. Add wording to section on duties of health care providers and attendants (pg. 15, Section 7)
23. Change wording on reference to law (pg. 16, Section 9)
24. Update edition and year of Control of Communicable Diseases Manual (pg. 16, 17, 20, 21, 22)
25. Fix incorrect address for American Public Health Association (pg. 16, 17, 20, 21, 22)
26. Update the wording on investigation (pg. 18-19, Section D. 3-4)
27. Clarify wording regarding exclusions in school (pg. 21, Section E.3)
28. Correct and update statute authority and statute references (pg. 1-25)
29. Fix grammar, spelling, and format issues throughout (pg. 1-25)
PUBLIC HEARING: April 22, 2015: 10 a.m. – 11 a.m., 1st Floor, Room 16, 286 Water Street, Augusta, ME 04333-0011
COMMENT DEADLINE: May 5, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Stephen Combes, MS, MPH, Maine CDC, DHHS, 286 Water Street, 8th Floor, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-2770. Fax: (207) 287-6865. E-mail: Stephen.Combes@Maine.gov . Website: www.mainepublichealth.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: These proposed rule revisions should have no adverse fiscal impact on small business, municipalities, and counties.
STATUTORY AUTHORITY FOR THIS RULE: Title 22 MRSA §42(1), Ch. 250 and 5 MRSA Ch. 501.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DHHS RULE-MAKING LIAISON: Kevin.Wells@maine.gov


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 696, Oil Discharge and Pollution Control Rules for Rail Tank Cars
PROPOSED RULE NUMBER: 2015-P055
BRIEF SUMMARY: The Department is proposing a new rule establishing minimum inspection, preparedness, and reporting requirements for operators of rail tank cars transporting or storing oil in Maine. The rule establishes requirements for the remediation of any oil discharges from rail tank cars, requires the submission of federal Response Plans to the Department, and establishes inspection requirements for rail cars that are used for storage, and parked at a siding for more than 5 consecutive days.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at http://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: No public hearing is scheduled for this proposal.
COMMENT DEADLINE: May 1, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jeff Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This proposal is not expected to have a significant fiscal impact on municipalities.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §546
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 94-293 - Baxter State Park
CHAPTER NUMBER AND TITLE:
Ch. 1, Rule 5.5, Vehicles and Transportation (Motorized trail bikes and ATV’s); and Ch. 1, Rule 5.6, Vehicles and Transportation (Aircraft)
PROPOSED RULE NUMBER: 2015-P056
BRIEF SUMMARY: Rule 5.5 will allow recreational bicycle use on the Dwelley Pond Trail. Rule 5.6 will add no unmanned aerial vehicles (UAV’s) allowed within Baxter State Park.
DETAILED BASIS STATEMENT / SUMMARY:
Rule 5.5: This change is necessary to increase recreational opportunities for Baxter State Park visitors without increasing impacts on the natural resources.
Rule 5.6: This change is necessary in order to adequately protect the natural resources and visitor experience in Baxter State Park.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: May 1, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / PARK RULE-MAKING LIAISON: Ada Angotti, Baxter State Park Authority, 64 Balsam Drive, Millinocket, ME 04462. Telephone: (207) 723-9500. Fax: (207) 723-6381. E-mail: Ada.Angotti@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE:
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.baxterstateparkauthority.com/ .

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 #04-15
ADOPTED RULE NUMBER: 2015-050 (Emergency)
CONCISE SUMMARY: Minimum April 2015 Class I price is $18.75/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $2.33/cwt. handling fee for a total of $24.16/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/index.shtml .
EFFECTIVE DATE: March 29, 2015
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / 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 .


AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 420, Nursing Home Care Insurance and Long Term Care Insurance
ADOPTED RULE NUMBER: 2015-051
CONCISE SUMMARY: The amendments implement 2013 PL c. 278 by establishing claims practice standards for long-term care insurers as well as appeal processes for adverse benefit determinations regarding long-term care insurance.
EFFECTIVE DATE: March 30, 2015
AGENCY CONTACT PERSON: Pamela Stutch, Esq., Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8458. E-mail: Pamela.Stutch@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 02-031 - Department of Professional & Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 425, Long Term Care Insurance
ADOPTED RULE NUMBER: 2015-052
CONCISE SUMMARY: The amendments implement 2013 PL c. 278 by establishing claims practice standards for long-term care insurers as well as appeal processes for adverse benefit determinations regarding long-term care insurance.
EFFECTIVE DATE: March 30, 2015
AGENCY CONTACT PERSON: Pamela Stutch, Esq., Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8458. E-mail: Pamela.Stutch@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 696, Oil Discharge And Pollution Control Rules For Rail Tank Cars
ADOPTED RULE NUMBER: 2015-053 (Emergency/New)
CONCISE SUMMARY: The Commissioner adopts this emergency rule to establish minimum inspection, preparedness, and reporting requirements for operators of rail tank cars transporting or storing oil in Maine. The rule establishes requirements for the remediation of any oil discharges from rail tank cars, requires the submission of federal Response Plans to the Department, and establishes inspection requirements for rail cars that are used for storage, and parked at a siding for more than 5 consecutive days. In recent years, there has been a significant growth in the number of rail tank cars used to transport oil in Maine, with a concomitant increase in the use of these tank cars for longer-term storage of oil at rail sidings adjacent to rivers and residential areas. The Department is concerned that these practices pose a considerable risk to our sensitive natural resources, including Class AA and Class A surface waters, and to groundwater serving public and private drinking water supplies. This emergency rule will provide the Department with accurate and timely information in the event of an oil discharge or other emergency event, and significantly reduce the likelihood of a release of oil that would create a local safety, public health, or environmental hazard.
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/ .
EFFECTIVE DATE: March 26, 2015
AGENCY CONTACT PERSON: Jeffrey Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017. Telephone: (207) 287-7647. E-mail: Jeff.S.Crawford@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


?AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 26, Day Health Services
ADOPTED RULE NUMBER: 2015-054
CONCISE SUMMARY: This rule is being adopted to provide financial stability to Day Health Services providers. The rule is being adopted to have a retroactive application to November 1, 2014. These changes are subject to approval by 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: March 31, 2015
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-6931. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .