December 27, 2017

WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rulemaking. 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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking 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 rulemaking liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 90-429 - Board of Licensure of Water System Operators
CHAPTER NUMBER AND TITLE: Ch. 1, Water System Operators Licensing Rule
PROPOSED RULE NUMBER: 2017-P186
BRIEF SUMMARY: This proposed amendment will eliminate the requirement for applications to be notarized before submission, establish a mechanism for the Board to address rule violations that do not rise to the level of revocation or suspension, and eliminate the ?grace period? for license renewal.
PUBLIC HEARING: January 19, 2018 - 9 a.m.; Maine Public Utilities Commission, 101 Second Street, Hallowell, ME
COMMENT DEADLINE: January 29, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / BOARD RULEMAKING LIAISON: Jonathan Leach, Maine Center for Disease Control and Prevention, 286 Water Street, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-9395. Email: Jonathan.H.Leach@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES:?There is no anticipated financial impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS ch. 601 §2628.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/dwp/professionals/waterOperators.shtml
BOARD WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/dwp/professionals/woBoard.shtml .
MAINE CDC RULEMAKING CONTACT: Tera.Pare@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 32, Eel Regulations: Elver Quota System for the 2018 season
PROPOSED RULE NUMBER: 2017-P187
BRIEF SUMMARY: This proposed rulemaking establishes the elver quota allocations for the 2018 season for individuals licensed under §§ 6505-A and 6302-A, and the method of calculating individual elver quota allocations for individuals licensed under §6505-A. 2018 allocations for individuals who held a license in 2017 will be the same as their 2017 allocations, plus any quota associated with licenses not renewed in 2017, or licenses suspended for the duration of the 2018 season, which will be distributed evenly to all license holders with an allocation of less than 50 lbs. in 2017. Individuals who become eligible to purchase an elver license in the 2018 elver license lottery will receive a quota of 4 lbs. The rule-making also deletes language that has been moved to Ch. 55.
PUBLIC HEARING: January 17, 2018 - 4:00 p.m., DMR Offices, Room 118 Marquardt Building, 32 Blossom Lane, Augusta, Maine. If the January 17, 2018 hearing is canceled due to inclement weather, the alternate date and location will be: January 18, 2018 at 4:30PM, DMR Offices, Rm 118 Marquardt Building, 32 Blossom Lane, Augusta, Maine. Weather related cancellations will be posted to the DMR website at: http://www.maine.gov/dmr/ .
COMMENT DEADLINE: January 29, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DMR RULEMAKING LIAISON: Amanda Ellis, Department of Marine Resources, 21?State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6576. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
DMR RULEMAKING TELEPHONE: (207) 624-6573
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6505-A
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING EMAIL: DMR.rulemaking@Maine.gov .

AGENCY: 29-250 - Secretary of State (SOS), Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 157, The Administration of Over Dimension and Overweight Permits
PROPOSED RULE NUMBER: 2017-P188
BRIEF SUMMARY: The rule is being amended to add additional safety requirements for 5-axle cranes crossing certain restricted bridges.
DETAILED SUMMARY: The Maine Department of Transportation (MaineDOT) and the Bureau of Motor Vehicle are notifying the crane industry that beginning January 1, 2018, all Overweight Permits for 5-Axle Cranes, weighing between 121,000 to 130,000 pounds, and crossing bridges with a 5 M.P.H. travel restriction will require:
A. A pilot vehicle traveling at the rear of the permitted crane; or
B. A crane or follow vehicle equipped with an impact attenuator; or
C. A sign with the text "VEHICLE STOPS WHEN FLASHING" shall be mounted to the rear of the permitted crane. The sign, with minimum dimensions of 2 feet in height by 5 feet in width, shall have a minimum of 8 flashing yellow LED lights around the border. The sign sheeting shall be yellow prismatic or greater. The sign text shall be 6 inch letters. The sign shall be wired into the vehicle's brake system and flash when the brake pedal is depressed.
Background
MaineDOT has been working with the crane owner industry to ensure 5-Axle Cranes can continue to operate on the State of Maine's transportation system without decreasing bridge longevity or safety. The concentrated load imposed by 5-Axle Cranes may require the extra restriction of traveling 5 mph over a portion or all the bridges along the route. There are some bridges that these vehicles could not cross without possible damage.
In an effort to recognize these bridge restrictions, the MaineDOT evaluated the statewide inventory categorizing them for 5-Axle Crane crossings. The results are 249 "Bridges Safe To Travel At 5 mph, 448 "No Go" bridges, and the remainder without speed restrictions. ?
PUBLIC HEARING: none planned
COMMENT DEADLINE: January 26, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Steven Ashcroft, Chief of Motor Carrier Services, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9056. Email: Steven.Ashcroft@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS §2382
SUBSTANTIVE ST A TE OR FEDERAL LAW BEING IMPLEMENTED: n/a
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULEMAKING LIAISON: Leslie.Soares@Maine.gov .

ADOPTIONS

AGENCY: 02-373 - Board of Licensure in Medicine (affiliated with the Department of Professional and Financial Regulation ? PFR)
CHAPTER NUMBER AND TITLE: Ch. 1, Rule Regarding Physicians
ADOPTED RULE NUMBER: 2017-200
CONCISE SUMMARY: In this rulemaking the Board of Licensure in Medicine adopted a rule relating to the licensure, registration and regulation of physicians.
EFFECTIVE DATE: December 23, 2017
AGENCY CONTACT PERSON: Dennis E. Smith, Executive Director, Board of 'Licensure in Medicine, 137 State House Station, Augusta, ME 04333. Telephone: (207) 287-3605. Email: Dennis.E.Smith@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/md/ .
BOARD RULEMAKING LIAISON: Maureen.S.Lathrop@Maine.gov

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) - Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. III Section 2, Adult Family Care Services
ADOPTED RULE NUMBER: 2017-201
CONCISE SUMMARY: The Department of Health and Human Services (?the Department?) adopts this rule to increase the rates of reimbursement for Adult Family Care Services pursuant to PL 2015 ch. 481 part C, An Act To Provide Funding to the Maine Budget Stabilization Fund and To Make Additional Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2016 and June 30, 2017. As required by that legislation, this adopted rule effectuates a three and a half (3.5) percent cost-of-living rate increase for adult family care services for the fiscal year ending June 30, 2018 based on the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index medical care services index. The Department is seeking and anticipates receiving approval from the federal Centers for Medicare and Medicaid Services (CMS) for this change. Pending approval, the three and a half (3.5) percent rate increase will be effective retroactive to July 1, 2017.
The Department is authorized to adopt these changes retroactively under 22 MRS ?42(8) because these changes increase reimbursement for providers, and will have no adverse impact on either MaineCare providers or members.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: December 23, 2017
AGENCY CONTACT PERSON: Heidi Bechard, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4074. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Heidi.Bechard@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 01-001 - Department of Agriculture, Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 307, Fees for Testing Weighing and Measuring Devices
ADOPTED RULE NUMBER: 2017-202
CONCISE SUMMARY: This rulemaking amends Ch. 307 to bring weights and measures fees in line with the actual costs to calibrate the equipment. An analysis of current labor and benefit rates for an inspector highlights that fees collected for calibration services are often less than one half of the labor cost associated with the actual procedure. A comparison with 11 other states also found that Maine fees were among the lowest in the group; not surprising given that Maine has not made any changes to this rulemaking chapter since 1991. Included in the rulemaking is elimination of language referencing fees for adjustment services given that the Department outsourced this activity to the private sector many years ago. A reference to liquefied and compressed natural gas will also be added as Maine could see the future implementation of this technology within the State.
EFFECTIVE DATE: December 18, 2017
AGENCY CONTACT PERSON / DACF RULEMAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4909. Email: Mari.Wells@Maine.gov .
DACF WEBSITE: http://www.maine.gov/dacf/index.shtml .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) ? Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II Section 21, Home and Community Benefits for Members with Intellectual Disabilities or Autism Spectrum Disorder
ADOPTED RULE NUMBER: 2017-203
CONCISE SUMMARY: The adopted rule expands the number of members who are eligible as Priority 1 on the waitlist for Ch. II Section 21, ?Home and Community Benefits for Members with Intellectual Disabilities or Autism Spectrum Disorder?. The expansion of the Priority 1 waitlist applies to members who do not yet meet the need for adult protective services, but: (1) whose primary caregiver has reached the age of 65 or has a terminal illness; (2) who have no other responsible or willing caregiver; and (3) who satisfy at least one and are at risk of another additional risk factors. The Department is also adopting a definition of ?Primary Caregiver? to address the reality that members may be receiving care from their parents or from extended family members when their parents are deceased, missing, or unable to care for the member. In addition, the Department is adopting changes to the rule regarding the Priority 2 criteria to clarify that this classification includes members who do not yet meet Priority 1, and to replace the term ?parents? with ?Primary Caregiver? in the examples of members who qualify for Priority 2. This rule adoption also implements a process for members on the waitlist to annually confirm their continued interest in Section 21 services. Members will be given the option to request that the Department re-evaluate their status on the waitlist at any time including at the time of the annual waitlist confirmation.
The Department is in the process of seeking and anticipates receiving approval from the Centers for Medicare & Medicaid Services for these changes.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: December 24, 2017
AGENCY CONTACT PERSON: Rachel Posner, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Email: Rachel.Posner@Maine.gov . Telephone: (207)-624-6951. Fax: (207) 287-1864. TTY users call Maine relay 711. Email: Rachel.Posner@Maine.gov .
OMS WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 249, Smoking in Public Places Rule
ADOPTED RULE NUMBER: 2017-204
CONCISE SUMMARY: DHHS's Maine Center for Disease Control and Prevention is adopting changes to the Smoking in Public Places Rule. Changes to this rule include deleting unnecessary definitions ("club," "member" and "not open to the public") for this rule, adding a new definition for "electronic smoking device," amending the definition of "smoking", reorganizing Section 2 (smoking prohibitions and limitations), adding a subsection to Section 3, and correcting citations throughout the rule. The Department amended the final rule based on comments, by restoring the definition of "invited guest", changing the term "environmental smoke" to "secondhand smoke", clarifying the definition of "ventilation" so that it states that ventilation technologies do not adequately protect people from secondhand smoke. Additional changes to the rule, based on public comment, include clarifying Section 2(A)(5) regarding smoking prohibitions in a beach or playground, 2(B)(1)(a) to correctly name private residence smoking prohibition, when family child care providers or baby sitters are caring for children, and 2(C)(5), regarding the allowance of smoking in lodging places.
EFFECTIVE DATE: December 27, 2017
AGENCY CONTACT PERSON: Tera Pare, Manager, Regulations and Enforcement (DHHS), Department of Health and Human Services, Maine Center for Disease Control and Prevention and Prevention, 286 Water Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5680. Email: Tera.Pare@Maine.gov .
Maine CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Herring Regulations: 36.01, Herring Management Plan
ADOPTEDRULENUMBER: 2017-205 (Emergency)
CONCISE SUMMARY: 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). During the Days Out Conference Meeting on December 15, 2017, the Atlantic Herring Section amended the landing days for Area 1A Trimester 3 (October 1 - December 31). Designated landing days for all vessels shall be seven consecutive days. All vessels landing herring caught in Management Area 1A in any Maine port are limited to one landing per 24 hour period (6:00 p.m. to 6:00 p.m.). The immediate adoption of this rule is necessary to comply with changes to federal or interstate fisheries management plans. The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS §6171(3)(C).
EFFECTIVE DATE: December 18, 2017
AGENCY CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6558. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Email: Melissa.Smith@Maine.gov .
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.html .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .