July 31, 2019

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: 17-229 - Department of Transportation (DOT)
CHAPTER NUMBER AND TITLE: Ch. 602, Rules Relating to Maine State Ferry Service Tolls
PROPOSED RULE NUMBER: 2019-P049 (Revised; new publication)
BRIEF SUMMARY: To establish tolls for Maine State Ferry Service lines (the "MSFS").
DETAILED SUMMARY: The Maine Department of Transportation is responsible for establishing the tolls for the MSFS. This new Rule 602 will establish tolls at the rates stated in Schedule A. The rule also provides for the sale of commuter tickets.
PUBLIC HEARING: August 19, 2019 - 10:00 a.m., Hutchinson Center, 80 Belmont Avenue (Route #3), Belfast, Maine 04915
COMMENT DEADLINE: September 3, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jim Billings, DOT, 16 State House Station, Augusta, Maine 04330. Telephone: (207) 624-3029. Email: James.Billings@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: minimal
STATUTORY AUTHORITY FOR THIS RULE: 23 MRS §52, §4404; Resolves 2015 ch. 86 §2
SUBSTANTIVE ST A TE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOT RULEMAKING WEBSITE: https://www.maine.gov/mdot/rulemaking/ .
DOT WEBSITE: https://www.maine.gov/mdot/ .
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: Toni.Kemmerle@Maine.gov .

AGENCY: 02-032 - Department of Professional and Financial Regulation (PFR), Office of Securities
CHAPTER NUMBER AND TITLE: Ch. 504, Broker-Dealer and Agent Licensing
PROPOSED RULE NUMBER: 2019-P132
BRIEF SUMMARY: The proposed amendments to Office of Securities rules ch. 504 would (1) update references to FINRA’s examination program to maintain accuracy after recent program updates and (2) would make it a dishonest and unethical practice for a broker-dealer or agent to use a client’s unique identifying information to access a client’s account. The text of the proposal and the notice of rulemaking can be found at the Office’s website: www.investors.maine.gov .
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE / CONTACT PERSON FOR THIS FILING: Written comments must be received no later than 4:30 p.m. on Tuesday, September 3, 2019, and should be addressed to: Judith M. Shaw, Securities Administrator, Maine Office of Securities, 121 State House Station, Augusta, ME 04333-0121. Telephone: (207) 624-8551. Email: Judith.M.Shaw@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
SMALL BUSINESS IMPACT STATEMENT: This amendment would not have a measurable impact on small businesses.
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §§ 16406, 16411, 16412, 16605
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY RULEMAKING LIAISON: Karla.Black@Maine.gov .

AGENCY: 02-032 - Department of Professional and Financial Regulation (PFR), Office of Securities
CHAPTER NUMBER AND TITLE: Ch. 515, Investment Adviser Licensing
PROPOSED RULE NUMBER: 2019-P133
BRIEF SUMMARY: The proposed amendments to Office of Securities rules ch. 515 would (1) update references to FINRA’s examination program to maintain accuracy after recent program updates and (2) would make it a dishonest and unethical practice for an Investment Adviser or an Investment Adviser Representative to use a client’s unique identifying information to access a client’s account. The text of the proposal and the notice of rulemaking can be found at the Office’s website: www.investors.maine.gov .
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE / CONTACT PERSON FOR THIS FILING: Written comments must be received no later than 4:30 p.m. on Tuesday, September 3, 2019, and should be addressed to: Judith M. Shaw, Securities Administrator, Maine Office of Securities, 121 State House Station, Augusta, ME 04333-0121. Telephone: (207) 624-8551. Email: Judith.M.Shaw@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
SMALL BUSINESS IMPACT STATEMENT: This amendment would not have a measurable impact on small businesses.
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §§ 16403, 16404, 16405, 16406, 16408, 16409, 16411, 16412, 16605
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY RULEMAKING LIAISON: Karla.Black@Maine.gov .

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 #09-19
PROPOSED RULE NUMBER: 2019-P134
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 MRS §2954
PUBLIC HEARING: August 22, 2019, Thursday, starting at 10:30 a.m., Room 106, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: August 22, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8054; 7 MRS §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 101, Loan Insurance Program, Amendment 7
PROPOSED RULE NUMBER: 2019-P135
BRIEF SUMMARY: The Amendment changes calculation of maximum insurance available, from a fixed percentage of capital a limit set by board credit policy, within statutory limits. The Amendment also increases maximum leveraged insurance available from $2.5 million per borrower to $3 million. Finally, the Amendment allows the Chief Executive Officer (rather than the board) to waive personal guaranty requirements for loans when FAME’s exposure is less than $500,000, if other requirements are met.
DETAILED SUMMARY: In order to provide more flexibility within statutory limits, the Amendment proposes to change the maximum insurance available per borrower under the program from a fixed percentage of capital to an amount set periodically by board approved credit policy.
In order to expand availability of insurance on a leveraged basis, the members have also proposed raising the limit specifically applicable to those loans from $2.5 million to $3 million. Finally, to enable swift processing of applications, the members proposed delegating the power to waive personal guarantees on loans seeking $500,000 or less of FAME insurance under certain criteria.
PUBLIC HEARING: None.
COMMENT DEADLINE: August 30, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / FAME RULEMAKING LIAISON: Christopher H. Roney, General Counsel, FAME, P.O. Box 949, Augusta, ME 04332. Telephone: (207) 623-3263. Fax: (207) 623-0095. TTY OR TDD: (207) 626-2717. Email: croney@famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: None expected.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRS §969-A(14), 1026-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
FAME WEBSITE: www.famemaine.com .

ADOPTIONS

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 16, Hunting: 16.07, Deer Hunting (4.A.)(6.)
ADOPTED RULE NUMBER: 2019-135
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted antlerless deer permit (ADP) numbers for the 2019 regular deer hunting season and special muzzle-loading season by setting specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:

WMD

# of Permits

WMD

# of Permits

WMD 1

0 permits

WMD 17

8,200 permits

WMD 2

25 permits

WMD 18

125 permits

WMD 3

25 permits

WMD 19

0 permits

WMD 4

0 permits

WMD 20

6,000 permits

WMD 5

0 permits

WMD 21

8,250 permits

WMD 6

100 permits

WMD 22

9,700 permits

WMD 7

0 permits

WMD 23

9,750 permits

WMD 8

25 permits

WMD 24

6,400 permits

WMD 9

25 permits

WMD 25

7,900 permits

WMD 10

0 permits

Subunit 25a

270 bonus permits

WMD 11

0 permits

WMD 26

325 permits

WMD 12

0 permits

Subunit 26a

200 bonus permits

WMD 13

0 permits

WMD 27

25 permits

WMD 14

25 permits

WMD 28

25 permits

WMD 15

3,150 permits

WMD 29

1,500 permits

WMD 16

6,100 permits

 

 

 

 

TOTAL PERMITS: 68,145

In addition to annual ADP recommendations, the Department is also issuing bonus antlerless deer permits in two subunits, Subunit 25a and 26a. These additional permits will allow for additional opportunity to harvest deer in areas experiencing elevated levels of Lyme disease, deer-vehicle collisions and public complaints about deer. A complete copy of the rule may be requested by contacting the Agency Contact Person listed below.
EFFECTIVE DATE: July 24, 2019
AGENCY CONTACT PERSON / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: https://www.maine.gov/ifw/

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 41, Menhaden: 41.30, Menhaden Fishery Management Program
ADOPTED RULE NUMBER: 2019-136 (Emergency)
CONCISE SUMMARY: The fishery for Atlantic menhaden is managed through the Atlantic States Marine Fisheries Commission (ASMFC). Maine's allocated quota share for FY2019 was 2,438,677 pounds, which was fully consumed by June 30, 2019. Additionally, Department of Marine Resources (DMR) was granted access to the Episodic Event Set Aside program (EESA); it is projected that 80% of the 4.7 million lbs. EESA has been consumed by Thursday, July 18, 2019. The Commissioner has secured several transfers of menhaden quota that will allow for the DMR to re-open the directed state allocated fishery. Beginning July 22, 2019, harvest may occur between 12:01 a.m. on Monday and 11:59 p.m. Thursday each week; daily landing limit is 120,000 lbs. and this regulation reduces the weekly limit to 120,000 lbs. as well. Harvesting and landings are restricted to Maine territorial waters; only one landing may occur per calendar day. All landings must be reported daily via email to menhaden.dmr@maine.gov . The Commissioner has determined that it is necessary to take emergency action to implement the reduction of the weekly limit to prevent the depletion of the supply of Atlantic menhaden. The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS §6171(3)(B).
EFFECTIVE DATE: July 21, 2019
DMR 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/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

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 #08-19
ADOPTED RULE NUMBER: 2019-137 (Emergency)
CONCISE SUMMARY: Minimum August 2019 Class I price is $21.14/cwt. plus $1.53/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $24.38/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: August 4, 2019
MMC CONTACT PERSON / RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, DACF, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Rules
ADOPTED RULE NUMBER: 2019-138
CONCISE SUMMARY: In accordance with Title 12 MRS §13068-A(10), the Department of Inland Fisheries and Wildlife has adopted rules for motorboat testing procedures to determine if operation is occurring at decibel levels higher than 90 decibels when subjected to a stationary test, or 75 decibels when subjected to an operational test. These rules are based on the national standard, SAE J 2005, that provide specific guidelines for testing of marine engines.
A complete copy of the rule is available by contacting the agency rulemaking contact person listed below.
EFFECTIVE DATE: July 31, 2019
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: https://www.maine.gov/ifw/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Rules
ADOPTED RULE NUMBER: 2019-139 (Emergency)
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted an emergency rule to remove the scope of rule previously adopted in a rulemaking notice that was advertised on May 15, 2019. This scope of rule is being removed so that Ch. 13 Watercraft Rules may be enforced not only on Maine inland waters. In accordance with Title 12 MRS Section 13051 §3, watercraft rules adopted by the Commissioner govern the use and operation of watercraft upon the waters of the State to insure safety of persons and property. A copy of the emergency rule may be requested from the Agency Contact Person below.
EFFECTIVE DATE: July 26, 2019
AGENCY CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: https://www.maine.gov/ifw/ .

AGENCY: 18-691 - Department of Administrative and Financial Services (DAFS), Office of Marijuana Policy (OMP)
CHAPTER NUMBER AND 'TITLE: Ch. 4 (New), Marijuana Manufacturing Facilities
I ADOPTEDRULENUMBER: 2019-140
CONCISE SUMMARY: OMP has adopted a rule to establish a regulatory framework for the manufacture of medical marijuana and marijuana products. This rule was promulgated to establish standards and procedures related to manufacturing marijuana, marijuana concentrate, and marijuana products. This rule implements requirements of 22 MRS ch. 558-C, including a marijuana track and trace system, and establishes minimum standards for manufacturing marijuana and marijuana products for medical use, including requirements for facility registration, requirements for engaging in marijuana extraction using inherently hazardous substances, staff qualifications, and security and testing. This rule protects public health and assures safe practices related to marijuana manufacturing, requiring a level of competency of facility personnel and appropriate equipment to process and extract marijuana.
Adoption of this rule will allow OMP to register and regulate manufacturers of medical marijuana and marijuana products and those using inherently hazardous extraction methods for medical marijuana manufacturing. This rule will provide necessary oversight of potentially and inherently hazardous practices previously unregulated under Maine's Medical Marijuana Program. Implementation of this rule will allow for better monitoring of dispensaries, caregivers, and facilities using potentially and inherently hazardous substances in the manufacture of medical marijuana and marijuana products and provides greater alignment between the Maine's Medical Marijuana Program rule and the rules governing Maine's Adult Use Marijuana Program to improve public health and safety and OMP's compliance and enforcement activities.
EFFECTIVE DATE: August 1, 2019
OMP CONTACT PERSON: Gabi Pierce, Esq., Office of Marijuana Policy, 162 State House Station, Augusta, ME 04330-0162. Telephone: (207) 624-7491. Email: Gabi.Pierce@Maine.gov .
DAFS RULEMAKING LIAISON: Anya.Trundy@Maine.gov .
DAFS WEBSITE: https://www.maine.gov/dafs/home .