2012 Number 01 Jan 30
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COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS SAIPAN, TINIAN, ROTA and NORTHERN ISLANDS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• COMMONWEALTH REGISTER VOLUME 34 NUMBER 01 January 30, 2012 COMMONWEALTH REGISTER VOLUME 34 NUMBER 01 JANUARY 30,2012 TABLE OF CONTENTS EMERGENCY DECLARATION Extension of Emergency, Volcanic of Anatahan Office of the Governor ............................................................................... 032269 ADOPTION OF REGULATIONS Notice of Certification and Adoption of Regulations of the Department of Finance, Customs Division .................................................... 032270 Public Notice of Certification and Adoption of Regulations of the The Department of Public Safety, Fire Division .............................................. 032272 PROPOSED REGULATIONS Public Notice of proposed Adoption of Procurement and Supply Regulations for the Commonwealth Healthcare Corporation ..................................................... .. 032274 1 COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Benigno R. Fitial Eloy s. Inos Governor Lt. Governor EXTENSION OF EMERGENCY Volcanic of Anatahan WHEREAS, On May 13, 2003, a Declaration of Emergency was issued with respect to volcanic activity on the island of Anatahan; and WHEREAS, said Declaration declared the island of Anatahan as unsafe for human habitation and restricted all travel to said island with the exception of scientific expeditions; and NOW, THEREFORE, I, BENIGNO R. FITIAL, by the authority vested in me as Governor, and pursuant to Article III, Section 10 of the Commonwealth Constitution and 3 CMC §5121, and in accordance with the Emergency Management Office, Commonwealth of the Northern Mariana Islands and US Geological Survey, do hereby extend a state of disaster emergency in the Commonwealth with the respect of the island of Anatahan under the same terms and conditions as are contained in the original Declaration. This Extension of Emergency shall remain in effect for thirty (90) days, unless the Governor shall, prior to the end of the 90-day period, notify the Presiding Officers of the Legislature that the state of emergency has been revoked or further extended for a like term, and giving reasons fol' extending the emergency. Cc: Lt. Governor (Fax: 664-2311) Senate President (Fax: 664·8803) House Speaker (Fax: 66+8900) Mayor of the NorChern Islands (Fax: 664-2710) Executive Assistant for Carolinian Affain (Fax: 235·5088) Attorney General (Fax: 664~2349) Secretary Of Finance (Fax: 664-1115) Commissioner of Public Safety (Fax: 664-9027) Special Assistant for Management and Budget (Fax: 66+2272) Special Assistant for Programs and Legislative Review (Fax: 664-23]3 Press Secretary (Fax: 664-2290) United States Coast Guard (236-2968) Caller Box 10007 Saipan. MP 96950 Telephone: (670) 664-2200/2201 Facsimile: (670) 664-2211 COMMONWEALTH REGISTER VOLUME 34 NUMBER 01 JANUARY 30, 2012 PAGE 032269 Commonwealth of the Northern Mariana Islands Department of Finance Larrisa Larson, Secretary P.O. Box 5234 Capitol Hill, Saipan MP 96950 Tele: 664-1100 NOTICE OF CERTIFICATION AND ADOPTION OF REGULATIONS RULES AND REGULATIONS CONCERNING THE IMPLEMENTATION OF THE AUTHORITY GRANTEED IN THE CUSTOMS SERVICE TO ENFORCE 6 CMC §§ 2301-2306, WHICH ARE PROVISIONS OF TITLE· 6, CRIMES AND CRIMINAL PROCEDURE, DIVISION 2, CONTRABAND OFFENSES, CHAPTER 3, CUSTOMS VIOLATIONS ACTION TO ADOPT PROPOSED REGULATIONS: On October 26, 2011, as required under 1 CMC § 9104(a), the Commonwealth of the Northern Mariana Islands, Department of Finance, published public notice of proposed regulations. (See 33 Com. Reg. 032075 (Oct. 26, 2011 )). The Commonwealth of the Northern Mariana Islands, Department of Finance, HEREBY ADOPTS AS PERMANENT REGULATIONS the subject proposed regulations pursuant to the procedures of the Administrative Procedure Act (APA), 1 CMC §§ 9102, 9104(a), 9105 and applicable regulations. AUTHORITY: The Department of Finance (DoF) is authorized pursuant to 1 CMC §2557 to adopt rules and regulations regarding those matters over which it has jurisdiction. SUBSTANTIVE CHANGES FROM PROPOSED REGULATIONS: In its Public Notice of Proposed Amendment to Department of Finance Rules and Regulations, published on October 26, 2011, the Department of Finance published proposed regulations. (See 33 Com. Reg. 032075 (Oct. 26. 2011 )(proposed regulations attached at 032077-78». No substantial substantive changes have been made to the proposed regulations now hereby adopted as permanent regulations by the DoF. EFFECTIVE DATE: Pursuant to the APA, 1 CMC § 9105(b) and applicable regulations, these adopted Regulations are effective 10 days after compliance with 1 CMC §§ 9102, 9104(a) and 9105 and publication in the Commonwealth Register. COMMENTS AND AGENCY CONCISE STATEMENT: Pursuant to APA, 1 CMC § 9104(a)(1), DoF gave proper notice of its intended action. Pursuant to 1 CMC § 9104(a)(2), DoF afforded all interested persons reasonable opportunity to submit data, views, or arguments, in writing. The OoF notes that no data, views, or arguments were submitted in response to the notice of intended action. Upon this adoption of the Regulations, the DoF, if requested to do so by an interested person, either prior to adoption or within thirty days thereafter, will issue a concise statement of the principle reasons for overruling the reasons for and against its adoption, incorporating therein its reasons for overruling the considerations urged against its adoption. COMMONWEALTH REGISTER VOLUME 34 NUMBER 01 JANUARY 30, 2012 PAGE O~2270 ATTORNEY GENERAL APPROVAL FOR REGULATIONS: The adopted regulations were approved for promulgation by the Attorney General in the above-cited pages of the Commonwealth Register, pursuant to 1 CMC § 2153(e) (reviewed and approved, as to form and legal sufficiency) and are hereby being adopted without substantial sUbstantive change. I, Larrisa Larson, Secretary of Finance, hereby approve the adoption of the regulations that are the subject of this Notice. I further certify that the regulations as published at 33 Com. Reg. 032075 (Oct. 26, 2011 )(proposed regulations attached at 032077-78)) are a true copy of the regulations as adopted by the Department of Finance. JAN 3 0 2012 Submitted bY~ Larrisa Larson Date Secretary of Finance Filed and Recorded by:_~~....;.... _______ () ! 120 •e2o! ;g E er M. San Nicolas Date mmonwealth Register COMMONWEALTH REGISTER VOLUME 34 NUMBER 01 JANUARY 30, 2012 PAGE 0:f2271 DEPARTMENT OF PUBLIC SAFETY COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Jose M. Sablan Building Susupe Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-9000 (24 Hours) Facsimile: (670) 664·9019 PUBLIC NOTICE OF CERTIFICATION AND ADOPTION OF REGULATIONS OF THE Department of Public Safety Commonwealth Fire Division PRIOR PUBLICATION IN THE COMMONWEALTH REGISTER AS PROPOSED REGULATIONS Volume 33, Number 08, pp 031860-031881, of August 23,2011 Regulations of the Department of Public Safety, Commonwealth Fire Division: Commonwealth Fire Safety Code, Fire Code Rules and Regulations Sections 1012-1013. ACTION TO ADOPT PROPOSED REGULATIONS: The Commonwealth of the Northern Mariana Islands, Department of Public Safety ("DPS"), Commonwealth Fire Division ("CFD"), HEREBY ADOPTS AS PERMANENT regulations the Proposed Regulations which were published in the Commonwealth Register at the above-referenced pages, pursuant to the procedures of the Administrative Procedure Act,1 CMC § 9104(a). The DPS-CFD announced that it intended to adopt them as permanent, and now does so. I also certify by signature below that: as published, such adopted regulations are true, complete and correct copy of the referenced Proposed Regulations, and that they are being adopted without modification or amendment. PRIOR PUBLICATION: The prior publication was as stated above. The DPS-CFD adopted the regulations effective September 6, 2011. MODIFICATIONS FROM PROPOSED REGULATIONS, IF ANY: [NONE]. AUTHORITY: The DPS-CFD is required by the Legislature to adopt rules and regulations regarding those matters over which the DPS-CFD has jurisdiction, including its regulation of the Fire Code Rules and Regulations and EMS Rules and Regulations. PL 11-56, the "Commonwealth Fire Safety Code Act of 1998.· EFFECTIVE DATE: Pursuant to the APA, 1 CMC sec. 9105(b), these adopted regulations are effective 10 days after compliance with the APA; 1 CMC §§ 9102 and 9104{a) or (b), which, in this instance, is 10 days after this publication in the Commonwealth Register. COMMENTS AND AGENCY CONCISE STATEMENT: Pursuant to the APA, 1 CMC sec. 9104(a)(2), the department has COnsidered fully all written and oral submissions respecting the proposed regulations. Upon this adoption of the regulations, the department, if requested to do so by an interested person, either prior to adoption or within 30 days thereafter, will issue a concise statement of the principal reasons for and against its adoption, incorporating therein its COMMONWEALTH REGISTER VOLUME 34 NUMBER 01 JANUARY 30, 2012 PAGE 032272 reasons for overruling the considerations urged against its adoption. Please see the following pages for this agency's concise statement, if there are any, in response to filed comments. I DECLARE under penalty of perjury that the foregoing is true and correct and that this declaration was executed on the 6th day of September, 2011, at Saipan, Commonwealth of the Northern Mariana Islands. Certified and ordered by: September 6, 2011 ommissioner Date blicSafety Filed and Recorded by: oI- -3~.