March 31, 2021

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 #05-21
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P054
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 22, 2021, 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. March 18, 2020), this hearing could 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 22, 2021. If the civil emergency is not extended the meeting will be held in Room 101, Deering Building, Augusta, Maine.
COMMENT DEADLINE: April 22, 2021
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):
MLC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov .

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 26, Producer Margins
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P055
BRIEF SUMMARY: The principal reason for this rulemaking is to fulfill the Milk Commission’s mandate to conduct a study and update the cost of producing milk in Maine every three years. The study has been completed, and the Commission must now determine whether to accept the findings so that the updated cost of production may be considered in setting minimum prices. The Maine Dairy stabilization program also uses this study to adopt new target prices for the four ranges of production.
PUBLIC HEARING: April 22, 2021, 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. March 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 22, 2021. If the civil emergency is not extended, the meeting will be held in person in Room 101, Deering Building, Augusta, Maine.
COMMENT DEADLINE: May 18, 2021
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):
MLC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 16, Hunting: 16.08, Moose Hunting (Permit Allocations)
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P056
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing moose permit allocation numbers for moose hunting permits to be issued for the 2021 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 – 450 antlered / 175 antlerless
WMD 2 – 350 antlered /175 antlerless
WMD 3 – 200 antlered / 125 antlerless
WMD 4 – 400 antlered / 100 antlerless
WMD 5 – 250 antlered / 125 antlerless
WMD 6 – 200 antlered / 60 antlerless
WMD 7 – 125 antlered
WMD 8 – 200 antlered / 50 antlerless
WMD 9 – 125 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: 2,630 antlered / 810 antlerless / 40 any-moose
PUBLIC HEARING: Tuesday, April 20, 2021 @ 4:00 p.m. – via video conference (Microsoft Teams). Contact the Agency Contact Person by close of business on Friday, April 16, 2021 for details.
COMMENT DEADLINE: April 30, 2021
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 (if different):
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 16, Hunting: 16.08, Moose Hunting (Adaptive Moose Hunt)
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P057
BRIEF SUMMARY: In an effort to determine if moose density reduction can break or lessen winter tick impacts to moose in Maine, the Department is currently conducting a multi-phase adaptive management study. As part of that study in accordance with 12 MRS §11551, the Commissioner of Inland Fisheries and Wildlife is proposing to allow increased hunting opportunity for moose in the western half of Wildlife Management District (WMD) 4 beginning the fall of 2021 to reduce moose population densities with additional hunt weeks. In the eastern half of WMD 4 as well as all other districts open to moose hunting, moose permits will be allocated in accordance with the Big Game Management Plan in a separate notice. Hunters applying for and receiving permits for the Adaptive Management Hunt Location must attend a training session conducted by the Department prior to being issued their moose hunting permit. Biologists will collect information from all moose harvested as part of the Adaptive Hunt, including canine teeth (for aging), winter tick counts, corpora lutea, and carcass weights. In addition, biologists will continue aerial surveys and monitoring calves with GPS collars in order to assess progress. Please contact the agency contact person for a complete copy of the proposed rule or for details on how to participate in the virtual public hearing.
PUBLIC HEARING: Tuesday, April 20, 2021 @ 4:00 p.m. – via video conference (Microsoft Teams). Contact the Agency Contact Person by close of business on Friday, April 16, 2021 for details.
COMMENT DEADLINE: April 30, 2021
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 §§ 10104, 11551
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw .

ADOPTIONS

01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #04-21
ADOPTED RULE NUMBER: 2021-064 (Emergency)
CONCISE SUMMARY: Minimum April 2021 Class I price is $18.76/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $2.33/cwt. handling fee for a total of $23.96/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: April 4, 2021
CONTACT PERSON/ MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
MLC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULEMAKING LIAISON: Shannon.Ayotte@Maine.gov .

AGENCY: 01-017 – Department of Agriculture, Conservation and Forestry (DACF), Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 13, Pari-Mutuel
ADOPTED RULE NUMBER: 2021-065
CONCISE SUMMARY: The entire rule was updated using model rule language from the Association of Racing Commissioners International. A new table was added illustrating the minimum wagers as they pertain to the various types of betting pools. Additional amendments provide clarification as to when certain types of bets can be accepted, and removes outdated language and practices.
EFFECTIVE DATE: March 29, 2021
COMMISSION CONTACT PERSON / RULEMAKING LIAISON: Henry Jennings, Maine State Harness Racing Commission, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-7543. Email: Henry.Jennings@Maine.gov .
COMMISSION WEBSITE: https://www.maine.gov/dacf/harnessracing/index.shtml .

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 420, Safety Standards for Natural Gas and Liquefied Natural Gas Facility Operators
ADOPTED RULE NUMBER: 2021-066
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to ch. 420 – Safety Standards for Natural Gas and Liquefied Natural Gas Facility Operators. The amendments are intended to update and modernize the Commission's gas safety rules.
EFFECTIVE DATE: March 31, 2021
MPUC CONTACT PERSON / RULEMAKING LIAISON: Jamie Waterbury, Maine Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1360. Email: Jamie.A.Waterbury@Maine.gov .
MPUC WEBSITE: https://www.maine.gov/mpuc/ .