December 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: 65-407 - Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 314, Statewide Low-Income Assistance Plan
PROPOSED RULE NUMBER: 2016-P194
BRIEF SUMMARY: The Public Utilities Commission initiates a rule-making to amend Ch. 314 of the Commission's Rules regarding the statewide electricity Low Income Assistance Plan.
PUBLIC HEARING: January 11, 2017, 1:30 p.m., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: January 27, 2017 - Written comments on the proposed rule may be filed using the Commission's case management system no later than 4:00 p.m., Friday, January 27, 2017. All comments will appear in the Commission's case management system ( http://www.maine.gov/mpuc/online/index.shtml ). When submitting comments, commenters should refer to Docket No. 2016-00256.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MPUC RULE-MAKING LIAISON: Jamie Waterbury, PUC, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1360. E-mail: Jamie.A.Waterbury@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS  § § 104, 111, 704, 1308, 3214
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: http://www.maine.gov/mpuc/ .

AGENCY: 01-670 - Department of Agriculture, Conservation and Forestry (DACF), Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 2, Rules and Regulations for the Allagash Wilderness Waterway
PROPOSED RULE NUMBER: 2016-P195
BRIEF SUMMARY: Existing rules are being amended in the Allagash Wilderness Waterway, including provisions for an authorized foot trail into the locomotives, modification and substitution of existing snowmobile trails and aircraft access points.
DETAILED BASIS STATEMENT / SUMMARY: Described below are the proposed amendments to existing Allagash Wilderness Waterway rules necessary to address suggested changes proposed by the public and Allagash Wilderness Waterway Advisory Council.
• Add trail to the locomotives, T8 R13; to the list of authorized foot trails.
• Snowmobile access will be allowed at: Russell Cove - T8 R13, Woodman Cove - T7 R12, Chamberlain Farm - T7 R12 and Camp Drake – T11 R13 in substitution for currently authorized trails at: Island Road - T7 R14, Ledge Campsite - T8 R14, Allagash lake Carry Trail - T7 R14 and Reality Road-T11 R13.
• The authorized air craft landing on Telos Lake at Telos Landing – T5 R11, will be relocated to Webster Lake Inlet - T6 R11 WELS.
PUBLIC HEARING: None scheduled. E-mail www.maine.gov/dacf/parks if requesting public hearing.
COMMENT DEADLINE: January 21, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ron Hunt, 22 State House Station, Augusta, Maine, 04333-0022. Telephone: (207) 287-4717. Fax: (207) 287-6081. E-mail: Ron.Hunt@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: Title 12 MRS  § § 1803(6), 1825(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: www.maine.gov/dacf/ .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 01-670 - Department of Agriculture, Conservation and Forestry (DACF), Bureau of Parks and Lands
CHAPTER NUMBER AND TITLE: Ch. 5, Rules and Regulations for Lunch and Campsites in Penobscot Corridor, Lobster Lake and Chesuncook Lake.
PROPOSED RULE NUMBER: 2016-P196
BRIEF SUMMARY: Existing rules and regulations are being amended in the Penobscot River Corridor, Lobster Lake, and Chesuncook Lake, including provisions for an approved fee increase for camping.
DETAILED BASIS STATEMENT / SUMMARY: Described below are the proposed amendments to existing rules and regulations for the Penobscot River Corridor, Lobster Lake, and Chesuncook Lake necessary to address an approved fee increase for camping.
• Change camping fees section to allow for financial order changes of fees without having to update the rules through rule-making process each time.
PUBLIC HEARING: None scheduled; e-mail Ron.Hunt@Maine.gov if requesting public hearing.
COMMENT DEADLINE: January 21, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Ron Hunt, 22 State House Station, Augusta, Maine, 04333-0022. Telephone: (207) 287-4717. Fax: (207) 287-6081. E-mail: Ron.Hunt@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: Title 12 MRS ch. 220  §1825(4)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: www.maine.gov/dacf/ .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 850, Identification of Hazardous Wastes
PROPOSED RULE NUMBER: 2016-P197
BRIEF SUMMARY: The Department proposes to amend Ch. 850, Identification of Hazardous Wastes, to include an exemption for solvent contaminated wipes which is found in federal regulations of hazardous waste.
PUBLIC HEARING: No public hearing has been scheduled; this rule has been posted to a 30-day comment period.
COMMENT DEADLINE: January 23, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Tom Graham, DEP, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7598. E-mail: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS  §1301 et seq.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 40 CFR 261.4
DEP WEBSITE: http://www.maine.gov/dep/rules/ .
DEP RULE-MAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 65-407 - Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 324, Small Generator Interconnection Procedures
PROPOSED RULE NUMBER: 2016-P198
BRIEF SUMMARY: The Public Utilities Commission initiates a rule-making proceeding to consider proposed amendments to the Commission’s Small Generator Interconnection Procedures Rule (Ch. 324). These amendments amend the definitions of “Interconnection Facilities” and “Distribution Upgrades,” in addition to outlining the cost responsibility for Interconnection Facilities and Distribution Upgrades.
PUBLIC HEARING: No public hearing
COMMENT DEADLINE: January 25, 2017 – Written comments on the proposed amendments may be filed using the Commission’s case management system no later than January 25, 2017. All comments will appear in the Commission’s case management system which is accessible from the Commission’s website. Please refer to the docket number of this proceeding, Docket No. 2016-00268, when submitting comments.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MPUC RULE-MAKING LIAISON: Jamie Waterbury, PUC, 18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1360. E-mail: Jamie.A.Waterbury@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS  § § 104, 111; Resolve 2007 ch. 183
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: http://www.maine.gov/mpuc/ .

AGENCY: 94-293 - Baxter State Park Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Baxter State Park Rules and Regulations: Rule 1.2, Camping is permitted by reservation.
PROPOSED RULE NUMBER: 2016-P199
BRIEF SUMMARY: The Park has extended the camping season at three (3) campgrounds to October 22. The addition of North Branch Camps as a group site facilitates the growing need for sites that accommodate more than 12 people.
Current Rule text: “Camping is permitted by reservation only and only in authorized campgrounds and campsites, May 15 through October 15 and December 1 through March 31.”
“Camping by groups of more than 12 people is permitted only at group camping areas located at Bear Brook, Foster Field, Nesowadnehunk Field and Trout Brook Farm.”
Revised Rule text: “Camping is permitted by reservation only and only in authorized campgrounds and campsites, as specified by the Park, May 15 through October 15 22 and December 1 through March 31.”
“Camping by groups of more than 12 people is permitted only at group camping areas located at Bear Brook, Foster Field, Nesowadnehunk Field, and Trout Brook Farm and North Branch Camps.”
DETAILED SUMMARY (in addition to the above): This additional week of camping at three (3) campsites in Baxter State Park will be reserved and administered in accordance with BSP policy and the addition of North Branch Camps as a group site will be reserved and administered in the same way as other group sites and in accordance with BSP policy.
In recognition of warmer seasons and later date of first winter snowfall, the Park is providing more opportunity for the public to camp in Baxter State Park. The North Branch Camps addition as a group site was decided upon based on its remote location (not currently utilized) and due to the structures at this site being well suited for group accommodations.
Existing rules may be obtained here: http://www.baxterstateparkauthority.com/rules/index.htm .
PUBLIC HEARING: No hearing scheduled.
COMMENT DEADLINE: January 20, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AUTHORITY RULE-MAKING LIAISON: Georgia Manzo, Park Secretary, Baxter State Park, 64 Balsam Drive, Millinocket, ME 04462. Telephone: (207) 723-9500. E-mail: Georgia.Manzo@baxterstatepark.org .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  §903
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://baxterstateparkauthority.com/ .

AGENCY: 94-293 - Baxter State Park Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Baxter State Park Rules and Regulations: Rule 1.3, All Persons Entering the Park by Road or Trail
PROPOSED RULE NUMBER: 2016-P200
BRIEF SUMMARY: This is an amendment to an existing rule and its purpose is to integrate the AT-Katahdin Hiker Permit Card system into the registration of long-distance hikers in Baxter State Park.
Current Rule text: “Persons entering or leaving the Park by way of the Appalachian Trail must register at Katahdin Stream Campground.”
Revised Rule text: “Persons entering or leaving the Park by way of the Appalachian Trail must register at Katahdin Stream Campground.” “Long Distance Hikers entering the Park for the purpose of hiking all or part of the Appalachian Trail must secure an AT-Katahdin Hiker Permit Card and register with Baxter State Park prior to hiking the Hunt Trail to or from Baxter Peak.”
DETAILED SUMMARY (in addition to the above): Baxter State Park Gate Attendants and Park Rangers will ensure that AT Hikers have permit cards and that they have registered with Baxter State Park.
Long Distance Hiker Entrance Permit Statistical Data over a period of several years was considered in integrating the AT-Katahdin Hiker Permit Card System.
Existing rules may be obtained here: http://www.baxterstateparkauthority.com/rules/index.htm .
PUBLIC HEARING: No hearing scheduled.
COMMENT DEADLINE: January 20, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AUTHORITY RULE-MAKING LIAISON: Georgia Manzo, Park Secretary, Baxter State Park, 64 Balsam Drive, Millinocket, ME 04462. Telephone: (207) 723-9500. E-mail: Georgia.Manzo@baxterstatepark.org .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  §903
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://baxterstateparkauthority.com/ .

AGENCY: 94-293 - Baxter State Park Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Baxter State Park Rules and Regulations: Rule 5.5, The Operation of Motorized Trail Bikes and ATVs
PROPOSED RULE NUMBER: 2016-P201
BRIEF SUMMARY: This amendment accommodates the growing interest in winter bicycle use and follows a multi-year trial on Abol Stream Trail.
Current Rule text: “The operation of Motorized trail bikes, and ATVs (all terrain vehicles) is prohibited within the Park except as specified in 5.8 below. The operation of Motorcycles is prohibited on unpaved roads within the Park. Unless further restricted for safety reasons, bicycle use within the Park shall be restricted to maintained roads and the Dwelley Pond Trail.”
Revised Rule text: ““The operation of motorized trail bikes, and ATVs (all terrain vehicles) is prohibited within the Park except as specified in 5.8 below. The operation of motorcycles is prohibited on unpaved roads within the Park. Unless further restricted for safety reasons, bicycle use within the Park shall be restricted to maintained roads and the Dwelley Pond Trail. Bicycle use is allowed on the Abol Stream Trail December 1 to April 1.”
DETAILED SUMMARY (in addition to the above): Following a multi-year trial allowing winter bike use on the Abol Stream Trail, the proposed rule change will allow bicycle use on that trail for the winter months and will accommodate the growing interest of the sport of winter bicycling within Baxter State Park.
Winter bicycle use on the Abol Stream Trail will be monitored and enforced by Park Rangers.
Existing rules may be obtained here: http://www.baxterstateparkauthority.com/rules/index.htm .
PUBLIC HEARING: No hearing scheduled.
COMMENT DEADLINE: January 20, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AUTHORITY RULE-MAKING LIAISON: Georgia Manzo, Park Secretary, Baxter State Park, 64 Balsam Drive, Millinocket, ME 04462. Telephone: (207) 723-9500. E-mail: Georgia.Manzo@baxterstatepark.org .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  §903
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://baxterstateparkauthority.com/ .

AGENCY: 94-293 - Baxter State Park Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Baxter State Park Rules and Regulations: Rule 5.6, Take-off and Landing of Aircraft in the Park
PROPOSED RULE NUMBER: 2016-P202
BRIEF SUMMARY: This amendment to the rule considers the protection of the Wilderness experience that is Baxter State Park with regard to the growing interest in UAVs and use by the public.
Current Rule text: “Take off and landing of aircraft in the Park is prohibited except on Matagamon, Nesowadnehunk, and Webster Lakes. Persons landing aircraft on permitted waters in the Park must register with Park Headquarters or a gatehouse in advance. "Aircraft" is defined to include any machine or device capable of deriving support in the atmosphere from the reactions of the air, including, but not limited to model craft, hot air balloons, hang gliders, para-sails and para-gliders and unmanned aerial vehicles (UAV’s).”
Revised Rule text: “Take off and landing of aircraft in the Park is prohibited except on Matagamon, Nesowadnehunk, and Webster Lakes. Persons landing aircraft on permitted waters in the Park must register with Park Headquarters or a gatehouse in advance. "Aircraft" is defined to include any machine or device capable of deriving support in the atmosphere from the reactions of the air, including, but not limited to model craft, hot air balloons, hang gliders, para-sails and para-gliders and unmanned aerial vehicles (UAV’s). The possession of a UAV on any trail, waterway or body of water within the Park is prohibited.
DETAILED SUMMARY (in addition to the above): The increased interest and popularity of UAVs and the increased reports of the use of UAVs in Baxter State Park were considerations for this rule change.
Baxter State Park Rangers will enforce this rule and monitor adherence in their regular course of duties.
Existing rules may be obtained here: http://www.baxterstateparkauthority.com/rules/index.htm .
PUBLIC HEARING: No hearing scheduled.
COMMENT DEADLINE: January 20, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AUTHORITY RULE-MAKING LIAISON: Georgia Manzo, Park Secretary, Baxter State Park, 64 Balsam Drive, Millinocket, ME 04462. Telephone: (207) 723-9500. E-mail: Georgia.Manzo@baxterstatepark.org .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  §903
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://baxterstateparkauthority.com/ .

ADOPTIONS

AGENCY: 17-229 - Maine Department of Transportation (MaineDOT)
CHAPTER NUMBER AND TITLE: Ch. 308, Rules to Establish Seasonal Load Restrictions on Certain State and State Aid Highways
ADOPTED RULE NUMBER: 2016-225
CONCISE SUMMARY: The Department has long had rules restricting heavy loads on closed ways that were adopted pursuant to authority granted to the Department in 29A MRS  §2395 and its predecessor statutes, but they were exempt from the provisions of the Maine Administrative Procedure Act (the "APA"). PL 2013 c. 55 amended 29-A MRS  §2395 so as to eliminate that exemption; consequently it was necessary for the Department to readopt the rules in accordance with APA procedures.
These rules 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 also streamline existing permitting procedures and eliminate permitting requirements for vehicles under 34,000 GVW carrying certain approved commodities.
The adoption of these rules is authorized and mandated by 29-A MRS  §2395 as amended by PL 2013 c. 55. These are routine technical rules.
EFFECTIVE DATE: December 18, 2016
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: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program, Rule #197A – SUA Changes for FFY 2017: Section FS-000-1, Basis of Issuance; Section FS-555-5 pages 1-11, Income and Deductions
ADOPTED RULE NUMBER: 2016-226
(Details pending; will be published in the January 4, 2017 Weekly Notice of State Rule-making.)

AGENCIES:
05-071 - Department of Education (DOE)
10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC) - Immunization Program
CHAPTER NUMBERS AND TITLES: Joint rule: DOE 05-071 Ch. 126 and DHHS 10-144 Ch. 261, Immunization Requirements for School Children
ADOPTED RULE NUMBERS: 2016-227, 228
CONCISE SUMMARY: DHHS’s Maine Center for Disease Control and Prevention and the Department of Education are adopting changes to this joint rule to: (1) add Tdap vaccine to the required school entry for children entering 7th grade; (2) update the number of varicella exclusion days to match the recommendations of the federal Centers for Disease Control and Prevention; (3) eliminate outdated implementation language for the varicella vaccine; (4) update DHHS organizational language; (5) make minor non-substantive changes to the rule language; and (6) standardize formatting between the agencies’ chaptered rules.
EFFECTIVE DATE: December 21, 2016
AGENCY CONTACT PERSONS:
DOE: Jaci Holmes, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. E-mail: Jaci.Holmes@Maine.gov .
DHHS: Tera Pare, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
DOE WEBSITE: http://www.maine.gov/doe/ .
DHHS IMMUNIZATION PROGRAM WEBSITE: http://www.maine.gov/dhhs/mecdc/infectious-disease/immunization/ .