July 29, 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: 18-553 - Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 20, Powerball Rules
PROPOSED RULE NUMBER: 2015-P135
BRIEF SUMMARY: This amendment updates the existing rules governing the draw jackpot game Powerball. This amendment changes the game matrix from 5 of 59 and 1 of 35 to 5 of 69 and 1 of 26. The odds of winning the grand prize changes from 1:175,223,510 to 1:292,201.338. The 3rd tier prize changes from $10,000 to $50,000. The overall odds of winning a prize in the game changes from 1:31.8464 to 1:24.8671. In order to sell Powerball tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions of these rules for Powerball as required by Multi State Lottery Association and its selling agreement with Maine. The Multi-State Lottery Association is the governing body for the Powerball game.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
PUBLIC HEARING: No Public Hearing
COMMENT DEADLINE: September 11, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / BABLO RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Multi -State Lottery Association and Professional Judgment
STATUTORY AUTHORITY FOR THIS RULE: 8 MRSA  §374; 8 MRSA  §372 sub- §2  ¶1
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dafs/bablo/


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01(G), Season Dates; Open and Closed Areas for Beaver Trapping
PROPOSED RULE NUMBER: 2015-P136
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife proposes to adopt amendments to the season dates and open and closed areas for beaver trapping as follows:
1. Beaver Trapping
1.a.): Wildlife Management Districts: Season Dates
1, 2, 4, 5: October 19 - May 8
3, 6: October 26 - May 8
8, 9, 10, 11: November 1 – April 30
18, 19, 28: November 1 – April 15
7, 12, 13, 14, 15, 16, 17, 27: November 1 – March 31
20, 21, 22, 23, 24, 25, 26, 29: November 15 – March 31
1.b.) During the open season for beaver trapping in any of the twenty-nine wildlife management districts (WMDs), certain townships may be restricted by one of the following provisions:
(1) Town open to beaver trapping with certain specified areas closed;
(2) Town closed to beaver trapping with certain specified areas open;
(3) Town closed to all beaver trapping; or
(4) Town open to all beaver trapping.
A complete copy of the proposal is available from the agency rule-making contact person.
PUBLIC HEARING: None scheduled - one may be requested.
COMMENT DEADLINE: August 28, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and 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 adverse impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA  §10104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .

ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 885 (New), Designation of Formaldehyde as a Priority Chemical and Regulation of Formaldehyde in Children's Products
ADOPTED RULE NUMBER: 2015-134
CONCISE SUMMARY: The Department has adopted a new rule that designates formaldehyde as a priority chemical, allowing the Department to require manufacturers or distributors of certain children's products, which are available for sale in the State of Maine, to report the intentional use of this chemical.
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: July 26, 2015
AGENCY CONTACT PERSON: Kerri Malinowski, 17 State House Station, Augusta, ME 04333. Telephone: (207) 215-1894. E-mail: Kerri.Malinowski@Maine.gov .


AGENCY: 17-229 - Maine Department of Transportation (MaineDOT)
CHAPTER NUMBER AND TITLE: Ch. 310, Rules for Permitting Overlimit Commercial Vehicles of Specified Configurations to Travel Designated Routes
ADOPTED RULE NUMBER: 2015-135 (New)
CONCISE SUMMARY: The Maine Legislature (PL 2013 ch. 565) mandated adoption of these rules by MaineDOT and designated them as major substantive. The rules define the manner in which an entity may submit a request to operate commercial motor vehicles of a specified configuration that exceed established commercial motor vehicle weight limits or vehicle dimension standards over a designated specific limited portion of the state’s public ways (a "Special Haul Route"); the process by which the Department will receive, consider, approve and/or deny such requests; the process to be administered by the Bureau of Motor Vehicles for the credentialing of specific commercial motor vehicles of approved configurations to operate over such Special Haul Routes at sanctioned weight limits; and the procedures and conditions under which the privileges granted hereunder may be suspended or rescinded. MaineDOT provisionally adopted these rules on February 20, 2015 and submitted them to the Legislature for review. After review of the Provisionally Adopted rules, the Legislature (Resolves 2015 ch. 21) approved Final Adoption with minor amendments removing the prohibition on “B-train double” truck configurations. Final adoption, as amended, occurred on June 25, 2015.
EFFECTIVE DATE: August 21, 2015
AGENCY CONTACT PERSON: William Akins, Legal Administrator, Maine Department of Transportation, 16 State House Station, Augusta, Maine 04333-0016. Telephone: (207) 624-3020. E-mail: William.Akins@Maine.gov .
MaineDOT WEBSITE: http://www.maine.gov/mdot/ .
MaineDOT RULE-MAKING LIAISON: Toni.Kemmerle@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 141 (Repeal), Conformity of General Federal Action
ADOPTED RULE NUMBER: 2015-136
CONCISE SUMMARY: As a General Conformity SIP is no longer federally required and Ch. 141 incorporates sections of the Federal Register which have subsequently been repealed, the Department repeals Ch. 141 and the SIP amended to reflect this change; all future General Conformity determination would be made accordance with 40 CFR 91.
EFFECTIVE DATE: July 27, 2015
AGENCY CONTACT PERSON: Tom Graham, Department of Environmental Protection,, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-7598. E-mail: Tom.Graham@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .