April 1, 2020

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: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #05-20
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P076
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: April 23, 2020, Thursday, starting at 10:30 a.m. Because of the COVID-19 Public Health Emergency and pursuant to 1 MRS §403-A, enacted by PL 2020 c. 617 part G (eff. Mar. 18, 2020), this hearing will be held remotely by telephonic conference. Directions on how to attend the hearing telephonically will be posted on the Milk Commission website and sent to the interested persons list in advance of April 23, 2020.
COMMENT DEADLINE: April 23, 2020
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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 16, Hunting: 16.08, Moose Hunting
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2020-P077
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing moose permit allocation numbers for moose hunting permits to be issued for the 2020 moose hunting season. Permits will be issued for antlered, antlerless and any-moose. Proposed permit allocations according to Wildlife Management District are as follows:
WMD 1 – 400 antlered / 150 antlerless
WMD 2 – 300 antlered /150 antlerless
WMD 3 – 175 antlered / 110 antlerless
WMD 4 – 350 antlered / 175 antlerless
WMD 5 – 225 antlered / 110 antlerless
WMD 6 – 170 antlered / 50 antlerless
WMD 7 – 125 antlered
WMD 8 – 175 antlered
WMD 9 - 100 antlered
WMD 10 – 60 antlered
WMD 11 – 50 antlered
WMD 12 – 25 antlered
WMD 13 – 15 antlered
WMD 14 – 30 antlered
WMD 15 – 25 any-moose
WMD 16 – 15 any-moose
WMD 17 – 10 antlered
WMD 18 – 40 antlered
WMD 19 – 60 antlered
WMD 27 & 28 (combined) – 40 antlered
TOTAL: 2,350 antlered / 745 antlerless / 40 any-moose
NOTICE: Due to the state of emergency that has been declared by the Governor, public hearings are now closed to the public physically attending. The public is strongly encouraged to submit any comments in writing to the contact person listed below. However, if you would like to submit comment via teleconference, please contact Becky Orff at (207) 287-5202 or Becky.Orff@Maine.gov for details. Thank you for your understanding while we are experiencing this state of emergency.
PUBLIC HEARING: Tuesday, April 21, 2020 @ 4:00pm – via teleconference. Contact the Agency Contact Person for details.
COMMENT DEADLINE: May 1, 2020
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING 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. Email: Becky.Orff@Maine.gov.
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 11551, 11552
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw.

ADOPTIONS

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 #04-20
ADOPTED RULE NUMBER: 2020-060 (Emergency)
CONCISE SUMMARY: Minimum April 2020 Class I price is $19.89/cwt. plus $1.58/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $24.11/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: March 29, 2020
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.
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml.

AGENCY: 65-625 – Maine Public Utilities Commission (MPUC), Emergency Services Communication Bureau
CHAPTER NUMBER AND TITLE: Ch. 5, Standards for the Implementation and Administration of Emergency Fire Dispatch Protocols
ADOPTED RULE NUMBER: 2020-061
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to its emergency fire dispatch protocols as a result of discussions in a stakeholder group convened pursuant to Resolves 2019 c. 24 (MPUC Docket No. 2019-00159).
EFFECTIVE DATE: March 31, 2020
MPUC CONTACT PERSON: Jamie Waterbury, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1360. Email: Jamie.A.Waterbury@Maine.gov.
BUREAU WEBSITE: https://www.maine.gov/maine911/.

AGENCY: 17-229 – Maine Department of Transportation (MDOT)
CHAPTER NUMBER AND TITLE: Ch. 800 (New), Autonomous Vehicle Pilot Program Rules
ADOPTED RULE NUMBER: 2020-062
CONCISE SUMMARY: The purpose of these rules is to establish a process to evaluate and authorize an autonomous vehicle tester to demonstrate and deploy for testing purposes an automated driving system on a public way. These rules describe the Autonomous Vehicle Pilot Project Program and the process by which an autonomous vehicle tester may apply to demonstrate and deploy an automated driving system on a public way in the state of Maine for testing purposes. These rules are intended to ensure, to the greatest extent possible, the safe and lawful conduct of autonomous vehicle Pilot Projects undertaken in Maine.
EFFECTIVE DATE: April 1, 2020
MDOT CONTACT PERSON: Joyce Taylor, Department of Transportation, 16 State House Station, Augusta, ME 04333. Telephone: (207) 624-3000. Email: Joyce.Taylor@Maine.gov.
MDOT WEBSITE: http://www.maine.gov/mdot/.
MDOT RULEMAKING LIAISON: Toni.Kemmerle@Maine.gov.

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 27, Retail Margins
ADOPTED RULE NUMBER: 2020-063
CONCISE SUMMARY: The principal reason for this rulemaking is the need to establish retail margins for milk marketing areas within the State of Maine in accordance with 7 MRS §2954. The Commission adopted the rates recommended by a study conducted in 2019.
EFFECTIVE DATE: April 1, 2020
MMC CONTACT PERSON / RULEMAKING LIAISON: Tim Drake, Maine Milk Commission - Agriculture, 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: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 32, Eels: 32.03, Amendment to Elver Harvesting Regulations Area Closures
ADOPTED RULE NUMBER: 2020-064 (Emergency)
CONCISE SUMMARY: Beginning at 8:00 a.m. on March 30, 2020, the coastal waters of the state are open to the fishing for, or taking of elvers. Protocols have been developed for elver harvesters and dealers to follow, which minimize the potential for the spread of COVID-19. For these reasons, this emergency rulemaking amends the March 22, 2020 closure of the elver fishery, which was authorized under 12 MRS §6171-A.
EFFECTIVE DATE: March 29, 2020
DMR CONTACT PERSON / RULEMAKING LIAISON: Deirdre Gilbert, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6576. Fax:(207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Email: DMR.rulemaking@maine.gov.
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/.
DMR WEBSITE: http://www.maine.gov/dmr/.