September 21, 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: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II & III Section 96, Private Duty Nursing and Personal Care Services
PROPOSED RULE NUMBER: 2016-P134
CONCISE SUMMARY: The purpose of this rule is to comply with PL 2016 ch. 83, Resolve, Directing the Department of Health and Human Services To Increase the Reimbursement Rates for Home-based and Community-based Services. PL 2016 ch. 83, requires the Department to amend its rules for reimbursement rates for personal care and related services provided under 10-144 CMR ch. 101, MaineCare Benefits Manual, Ch. II & III Section 96, “Private Duty Nursing and Personal Care Services”. This rule-making adds modifiers and reimbursement rates for multiple member visits, as outlined in Ch. III Section 96, “Private Duty Nursing and Personal Care Services”. This law will go into effect on July 29, 2016, without the governor’s signature. Ch. II updates level of care caps.
The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services (CMS) for a State Plan Amendment for these changes. Pending approval, pursuant to 22 MRS  42(8), the increased reimbursement rates, modifiers, and level of care caps will be effective retroactive to July 29, 2016. The Department published a change in reimbursement methodology, pursuant to 42 CFR  447.205, on July 28, 2016.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
STATUTORY AUTHORITY: 22 MRS    42, 3173; PL 2016 ch. 83, Resolve, Directing the Department of Health and Human Services To Increase Reimbursement Rates for Home-based and Community-based Services
PUBLIC HEARING: October 11, 2016 - 1:00 p.m., 19 Union Street, Room 110, Augusta, ME 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before October 4, 2016.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on October 21, 2016.
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Heidi Bechard, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY: 711 (Deaf or Hard of Hearing). E-mail: Heidi.Bechard@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rule-making will not have any impact on municipalities or counties.
STATUTORY AUTHORITY: 22 MRS    42(8), 3173; PL 2016 ch. 83 (127th Legis. 2016), Resolve, Directing the Department of Health and Human Services To Increase Reimbursement Rates for Home-based and Community-based Services
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 17-229 - Maine Department of Transportation (DOT)
CHAPTER NUMBER AND TITLE: Ch. 308 (New), Rules to Establish Seasonal Load Restrictions on Certain State and State Aid Highways
PROPOSED RULE NUMBER: 2016-P135
BRIEF SUMMARY: The new rules will establish the procedures by which the Department will restrict heavy loads on posted State and State Aid Highways from November 15 to June 1, inclusive. They will also streamline current permitting procedures and eliminate permitting requirements for vehicles under 34,000 GVW carrying an approved commodity. MaineDOT has long had rules restricting heavy loads on closed ways pursuant to authority granted to it in 29-A MRS  2395, but those rules were specifically exempt from the provisions of the Maine Administrative Procedures Act (the “APA”) by the statute. In 2013, 29-A MRS  2395 was amended by PL 2013 c. 55 to provide that “Rules adopted pursuant to this section are routine technical rules as defined in Title 5 c. 375, subchapter 2-A”, thus eliminating their exemption from the APA. It is now necessary that the Department readopt these rules in accordance with the APA process.
PUBLIC HEARING: No public hearing is scheduled.
COMMENT DEADLINE: 4:30 p.m., October 21, 2016
CONTACT PERSONS FOR THIS FILING / SMALL BUSINESS INFORMATION:
Bill Akins, Legal Administrator, MaineDOT Legal Services, 16 State House Station, Augusta, ME 04333. Telephone: (207) 624-3020. E-mail: William.Akins@Maine.gov .
Brian Burne, Highway Maintenance Engineer (same address). Telephone: (207) 624-3571. E-mail: Brian.Burne@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No direct impact on municipalities.
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS  2395; 23 MRS  52 and  4206.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): None
DOT WEBSITE: http://www.maine.gov/mdot/ .
DOT RULE-MAKING LIAISON: Toni.Kemmerle@Maine.gov .

ADOPTIONS

AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 168, The Administration and Issuance of USDOT Numbers for Certain Intrastate Motor Carriers
ADOPTED RULE NUMBER: 2016-150
CONCISE SUMMARY: This rule outlines the procedures and standards for the administration of United States Department of Transportation (USDOT) numbers to those intrastate motor carriers qualifying under 29-A MRS  555-A. Motor carriers operating trucks in intrastate commerce registered in excess of 26,000 pounds must obtain and display a USDOT number.
The rule is being updated to reflect recent changes in federal and state requirements and procedures. The update includes changing the rule title.
EFFECTIVE DATE: September 14, 2016
AGENCY CONTACT PERSON: Stephen Ashcroft, Chief of Motor Carrier Services, Bureau of Motor Vehicles, 29 State House Station, Augusta ME 04333-0029. Telephone: (207) 624-9056. E-mail: Stephen.Ashcroft@Maine.gov .
WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Leslie.Soares@Maine.gov .

AGENCY: 94-270 – Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures
ADOPTED RULE NUMBER: 2016-151
CONCISE SUMMARY: The rule amendment clarifies how the exception from the definitions of contribution (21-A MRS  1012(2)(B)(2)) applies to the costs of food, beverages and invitations paid by volunteers for a campaign event in support of a candidate for state, county or municipal office (the “house party exception”).
EFFECTIVE DATE: September 20, 2016
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Lorrie Brann, Commission Assistant, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333-0135. Telephone: (207) 287-4179. E-mail: Lorrie.Brann@Maine.gov .
WEBSITE: http://www.maine.gov/ethics/ .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Herring Regulations: 36.01, Herring Management Plan
ADOPTED RULE NUMBER: 2016-152
CONCISE SUMMARY: For Management Area lA, Sub-ACL Trimester l (January 1 - May 31), and Trimester 3 (October l - 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, "lauding" shall be defined as follows: To come to shore, float, or a dock and offload herring.
The 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 rule would put into effect certain measures required under the At1antic 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. This rule will bring Maine fishing practices 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.
EFFECTIVE DATE: September 25, 2016
AGENCY CONTACT PERSON / 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/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.html .