May 4, 2016

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: 02-373 - Board of Licensure in Medicine; 02-383 - Board of Osteopathic Licensure
CHAPTER NUMBER AND TITLE: Ch. 2, Joint Rule Regarding Physician Assistants
PROPOSED RULE NUMBER: 2016-P017, P018 (re-proposed)
BRIEF SUMMARY: The Board of Licensure in Medicine and the Board of Osteopathic Licensure propose a joint rule regarding physician assistants. As originally proposed the rule: establishes the process and requirements for a physician assistant to obtain a license and certificate of registration with either Board, and to work under the supervision of a licensed physician; sets forth standards for supervision of physician assistants and plans of supervision; establishes the scope of practice, including prescribing authority; imposes notification requirements upon physician assistants upon the occurrence of certain events, including but not limited to a change of primary supervising physician and the imposition of discipline; establishes licensing and registration fees; sets the continuing medical education requirements for renewal of licensure and registration; and establishes a joint Physician Assistant Advisory Committee.
Following a rule-making hearing and the receipt of oral and written comments, the Boards made substantive changes to the proposed rule. The most significant substantive changes to the proposed rule include the elimination of the remote practice site provision and granting physician assistants Schedule II prescribing authority as part of their scope of practice so long as it is delegated specifically in the written plan of supervision. As a result, the proposed rule with substantive changes is being published for additional public comment. The text of the proposed rule may be obtained from www.maine.gov/md or www.maine.gov/osteo.
PUBLIC HEARING: none planned
COMMENT DEADLINE: Friday, June 3, 2016 at 5:00 p.m.
CONTACT PERSONS FOR THIS FILING / SMALL BUSINESS INFORMATION:
Dennis E. Smith, Executive Director, Board of Licensure in Medicine, 137 State House Station, Augusta, ME 04333. Telephone: (207) 287-3605. Fax: (207) 287-6590. E-mail: Dennis.Smith@Maine.gov .
Susan E. Strout, Executive Secretary, Board of Osteopathic Licensure, 142 State House Station, Augusta, ME 04333. Telephone: (207) 287-2480. Fax: (207) 287-3015. E-mail: Susan.E.Strout@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS  § § 3269(7), 3270-E (Board of Licensure in Medicine); 32 MRS  § § 2562, 2594-E (Board of Osteopathic Licensure)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITES: www.maine.gov/md (Board of Licensure in Medicine); www.maine.gov/osteo (Board of Osteopathic Licensure)
BOARDS’ RULE-MAKING LIAISONS: Maureen.S.Lathrop@Maine.gov (Board of Licensure in Medicine); Susan.E.Strout@Maine.gov (Board of Osteopathic Licensure)


AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #06-16
PROPOSED RULE NUMBER: 2016-P048
BRIEF 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
PUBLIC HEARING: May 19, 2016, Thursday, starting at 10:30 a.m., Room 332, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: May 19, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA  §8054; 7 MRSA  §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting
PROPOSED RULE NUMBER: 2016-P049
BRIEF SUMMARY: In accordance with Title 12 MRSA  §11152 sub- §3, the Commissioner of Inland Fisheries and Wildlife proposes to adopt antlerless deer permit numbers for the 2016 regular deer hunting season and special muzzle-loading season by setting specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:
WMD 1 - 0 permits
WMD 2 - 0 permits
WMD 3 - 50 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 100 permits
WMD 7 - 505 permits
WMD 8 - 0 permits
WMD 9 - 0 permits
WMD 10 - 0 permits
WMD 11 - 0 permits
WMD 12 – 370 permits
WMD 13 – 735 permits
WMD 14 - 180 permits
WMD 15 – 960 permits
WMD 16 – 1,710 permits
WMD 17 – 4,620 permits
WMD 18 – 140 permits
WMD 19 - 0 permits
WMD 20 – 8,865 permits
WMD 21 – 8,535 permits
WMD 22 – 3,410 permits
WMD 23 – 4,425 permits
WMD 24 – 6,310 permits
WMD 25 – 3,190 permits
WMD 26 – 150 permits
WMD 27 - 0 permits
WMD 28 - 0 permits
WMD 29 –1,500 permits
TOTAL – 45,755
Language is also being amended as it applies to the Youth Deer Hunting Day to eliminate specific age reference and conform to junior hunting license laws.
A complete copy of the proposed rule can be obtained from the rule-making contact person listed below.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: June 3, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. E-mail: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  § § 11152, 11401
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 26, Sea Urchin Regulations and 2016-2017 Harvesting Season
PROPOSED RULE NUMBER: 2016-P050
BRIEF SUMMARY: 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 2016-2017 season.
For Zone 1, a 15-day season is proposed for divers, trappers, rakers and draggers in 2016-2017, which is the same number of days as in the 2015-2016 season. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers may fish 15 days in September (“early season”), or 15 days in December (“late season”); and draggers in December (“early season”), or February and March (“late season”).
For Zone 2, a 38-day season is proposed for divers, trappers, rakers and draggers in 2016-2017, which is the same number of days as in the 2015-2016 season. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers may fish 38 days in September through December (“early season”), or 38 days in December through March (“late season”); and draggers would have 38 days in October through March (“early season”) or November through March (“late season”).
For the Whiting & Dennys Bays Limited Access Area in Zone 2, a 9-day season is proposed for Zone 2 divers, trappers, rakers and draggers in 2016-2017, which is the same number of days as the season in 2015-2016. Zone 2 divers, rakers and trappers may fish 9 days in November and December (“early season”), or 9 days in January, February and March (“late season”); both early and late season Zone 2 draggers would have 9 days in December, February and March. The Sea Urchin Zone Council recommended the selection of these particular days.
This regulation would also change the date by which a Zone 2 harvester must designate the early or late season, from September 15 to August 15, if the harvester wishes to change his/her designation.
PUBLIC HEARINGS:
Augusta: May 24, 2016 - 6:00 p.m., DMR Conference Room, Marquardt Building, 32 Blossom Lane
Ellsworth: May 25, 2016 - 6:00 p.m., Ellsworth City Hall (Council Chambers), One City Hall Plaza
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
COMMENT DEADLINE: June 4, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Trisha Cheney (tel: 207-624-6554)
Mail Written Comments to: Department of Marine Resources, attn.: Rule-making, 21 State House Station, Augusta, ME 04333-0021. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing). Rule-making E-mail: dmr.rulemaking@maine.gov . Rule-making Website: http://www.maine.gov/dmr/rulemaking/
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  §6749
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: same
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Hannah.Dean@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36.01, Herring Management Plan
PROPOSED RULE NUMBER: 2016-P051
BRIEF SUMMARY: For Management Area 1A, Sub-ACL Trimester 1 (January 1 – May 31), and Trimester 3 (October 1 – December 31), Atlantic herring may only be landed from Management Area 1A on days that have been designated landing days by the Atlantic States Marine Fisheries Commission (ASMFC). For the purpose of this subsection, “landing” shall be defined as follows: To come to shore, float or a dock and offload herring; or to transfer herring at sea to a vessel utilizing the herring for bait. Harvester vessels may offload to a carrier vessel at any time.
For Management Area 1A, Sub-ACL Trimester 2 (June 1 – September 30), Atlantic herring may only be landed from Management Area 1A on days that have been designated landing days by the Atlantic States Marine Fisheries Commission (ASMFC). All vessels landing herring caught in Management Area 1A in any Maine port will be limited to fishing for and landing herring for four consecutive days only: 6 p.m. on Sunday night to 6 p.m. Thursday. All vessels landing herring caught in Management Area 1A in any Maine port are limited to one landing per 24 hour period (6 p.m. to 6 p.m.). For the purpose of this subsection, “landing” shall be defined as follows: To come to shore, float, or a dock and offload herring.
The proposed rule also amends sections on catch quota to prohibit the take from a management area when 92% of the area's seasonal or sub- annual catch limit will be exceeded or if 95% of the coastwide annual catch limit will be exceeded, with certain exceptions included depending on the area and time of year fished. In addition, the proposed rule would put into effect certain measures required under the Atlantic States Marine Fisheries Commission (ASMFC) approved Amendment 3 to the Interstate Fishery Management Plan (FMP) for Atlantic Herring in February 2016. Amendment 3 pilots a new spawning closure system, and modifies the fixed gear set-aside. These measures are being implemented by ASMFC to integrate recent data into management decisions and respond to changes in the stock structure and fishery. DMR is proposing this rule in order to come into compliance with ASMFC management measures. There will be an exemption for transport, allowing any herring vessel having onboard herring, caught outside of a management area under a herring spawning closure, to transit the closed or restricted area and land at a Maine port, only if all of its fishing gear has been stowed; and a fixed gear exemption allowing fixed gear (stop seines and weirs) fisheries east of Cutler to be exempt from spawning area restrictions.
PUBLIC HEARING: May 24, 2016 - 3:00 p.m., DMR Offices, Marquardt Building, 32 Blossom Lane, Augusta, Maine
COMMENT DEADLINE: June 3, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: Hannah.Dean@Maine.gov . DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  §6171
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: same
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .

ADOPTIONS

AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND RULE TITLE: Ch. 270, Uniform Reporting System for Quality Data Sets (Major Substantive Rule)
ADOPTED RULE NUMBER: 2016-072
CONCISE SUMMARY: These rule-making made the following changes: (1) eliminated definitions that were no longer used in the rule; (2) deleted Section 2 (Hospital Health Care Quality Data Set Filing Description) because there has been much improvement on this category of data filing, and also following CMS’ decision to suspend the collection of these measures; (3) added language to HAI-1 to conform to the expanded list of hospital units eligible for reporting data for the HAI-1 measure as defined by the measure steward, NHSN; (4) changed reporting of MRSA infection rates to MRSA Lab ID events; Change MRSA reporting from facility-wide and by unit location to facility-wide only; (5) deleted the NSPC 4 measure because it will no longer be collected; (6) deleted Section 5 (Nursing Sensitive System Centered Health Care Quality Data Set Filing Description); (7) deleted Section 6 (3 Item Care Transition Measure (CTM) Health Care Quality Data Set Filing Description; (8) changed the filing dates in Section 7(C) to align with CMS filing deadlines; (9) removed the SCIP measures and the NSSC section (Nursing Sensitive System Centered Health Care Quality Data Set)
This rule will not have a fiscal impact on municipalities, counties or small businesses. Copies of these rules can be reviewed and printed from the MHDO website at https://mhdo.maine.gov/rules.htm or, to receive a paper copy call (207) 287-6722.
This major substantive rule was provisionally adopted by the Maine Health Data Organization on January 7, 2016. As a major substantive rule, it was sent to the Legislature for approval. On March 29, 2016 the Legislature authorized adoption of the amended rule, as an emergency. Resolves 2015 ch. 71.
EFFECTIVE DATE: June 1, 2016
AGENCY CONTACT PERSON / MHDO RULE-MAKING LIAISON: Debra Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6724. E-mail: Debra.J.Dodge@Maine.gov .
WEBSITE: https://mhdo.maine.gov/ .


AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: 10.02, Definitions (“Rural Business”); 10.21(I), Rural Business Development Subdistrict (D-RB); 10.25(Q)(6), Subdivision and Lot Creation: Subdivision Filing with Registry of Deeds and Sale of Lots; 10.27(R), Rural Businesses
ADOPTED RULE NUMBER: 2016-073
CONCISE SUMMARY: This adoption regards a new subdistrict developed for certain areas in Aroostook County in partnership with Northern Maine Development Commission (NMDC) through the Commission’s Community Guided Planning and Zoning program. This regional planning effort implements the directive in PL 2011 ch. 682  §34, for the Commission to initiate prospective zoning in the unorganized and deorganized parts of the state. The purpose of the new Rural Business Development Subdistrict (D-RB) is to encourage an appropriate range of business development in rural areas, and locate development in or at the edge of existing development and in concentrated areas along appropriate portions of major transportation corridors. The locations for the D-RB are selected to maintain the rural character of the region and avoid significant visual, natural resource, and fiscal impacts of unplanned growth. The D-RB subdistrict would include areas to accommodate a range of small commercial, light manufacturing, and institutional facilities and businesses that are generally compatible with, and complementary to, natural resource-based land uses but may create some adverse impacts to residential uses, recreation uses, or resource protection.
EFFECTIVE DATE: May 9, 2016
AGENCY CONTACT PERSON: Ben Godsoe, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-2619. E-mail: Benjamin.Godsoe@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Appendix F, Expedited Wind Energy Development Area
ADOPTED RULE NUMBER: 2016-074
CONCISE SUMMARY: The Maine Land Use Planning Commission has adopted rule changes to Ch. 10, Land Use Districts and Standards, Appendix F – “Expedited Wind Energy Development Area”. The Commission has updated its rules in response to An Act To Improve Regulatory Consistency within the Jurisdiction of the Maine Land Use Planning Commission, PL 2015 ch. 265 and in accordance with Title 35-A  §3453-A. This adoption responds to 13 petitions for removal from the Expedited Wind Energy Development Area. In accordance with the law, each of the places, if the corresponding petition is valid, shall be removed from the expedited area through rule-making.
EFFECTIVE DATE: May 9, 2016
AGENCY CONTACT PERSON: Tim Beaucage, Maine Land Use Planning Commission, 22 State House Station Augusta, Maine 04333-0022. Telephone: (207) 287-4894. Email: Timothy.Beaucage@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .