Administrative rules review committee 2234

AGRICULTURE AND LAND STEWARDSHIP
DEPARTMENT[21]

Notice, Pseudorabies--swine, 64.154 to 64.158
ARC 8092A 2243

ALL AGENCIES

Schedule for rule making 2232

Publication procedures 2233

Agency identification numbers 2241

ARCHITECTURAL EXAMINING BOARD[193B]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Notice, Reinstatement of registration; fee
schedule, 2.3, 2.5 ARC 8074A 2244

CITATION OF ADMINISTRATIVE RULES 2231

EDUCATION DEPARTMENT[281]

Notice, School buses, ch 44 ARC 8073A 2245

ENGINEERING AND LAND SURVEYING
EXAMINING BOARD[193C]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Notice, Licensure, 1.4(5), 1.11(1) ARC 8094A 2269

Filed, Licensure, 1.4, 1.30(4) ARC 8093A 2283

ENVIRONMENTAL PROTECTION
COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Notice, Constructing or reconstructing major
sources of HAP, 20.2, 22.1, 23.1 ARC 8084A 2269

Notice, Acid rain exemptions and NESHAP for
primary aluminum reduction plants; title V
operating permit application, 22.103(2),
22.105(1), 22.123, 22.124, 22.203, 22.300(8),
23.1 ARC 8087A 2270

Notice, Ambient air quality--NAAQS to protect the
health of children, elderly, and individuals with
heart or lung diseases, 28.1 ARC 8086A 2271

Filed Emergency, Constructing or
reconstructing major sources of HAP, 20.2,
22.1, 23.1 ARC 8085A 2280

HUMAN SERVICES DEPARTMENT[441]

Notice, FMAP-related medical assistance;
medically needy spenddown control (MNSC),
9.12(2), 65.19(19), 75.1(35), 75.25, 76.1(2),
83.43(1), 83.61(1), 83.82(1) ARC 8067A 2272

Notice, Lead toxicity screening under EPSDT
program, 84.3(6) ARC 8068A 2273

Notice, Child care assistance, 170.2(3)
ARC 8069A 2273

INSURANCE DIVISION[191]

COMMERCE DEPARTMENT[181]"umbrella"

Notice, Internet advertising, 50.35 ARC 8070A 2274

Filed, Service company licenses, 54.20
8075A 2284

NATURAL RESOURCE COMMISSION[571]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Notice Terminated, Hunter education instructor,
15.8(3)"h" ARC 8079A 2275

Notice, Local recreation infrastructure grants
program, ch 29 ARC 8083A 2275

Notice, State parks and recreation areas, 61.2,
61.3(6), 61.4, 61.5(15), 61.6(10) ARC 8081A 2277

Filed, Nontoxic shot on wildlife areas, 51.9
ARC 8078A 2284

Filed, Wildlife refuges, 52.1(2)"a," rescind
52.1(3) ARC 8077A 2285

Filed Emergency, State parks and recreation areas,
61.3(3)"a" ARC 8082A 2281

Filed, Ginseng, 78.3, 78.4(3), 78.7 ARC 8080A 2285

Filed, Snow geese, 92.3(11) ARC 8076A 2286

Filed, Wild turkey fall hunting, 99.2(1), 99.5
ARC 8091A 2286

Filed, Falconry, 102.2(3) ARC 8090A 2287

Filed, Deer population management areas, ch 105
ARC 8089A 2287

Filed, Deer hunting, 106.1 to 106.8, 106.10,
106.11, rescind 106.13 ARC 8088A 2289

PUBLIC HEARINGS

Summarized list 2237

RACING AND GAMING COMMISSION[491]

INSPECTIONS AND APPEALS DEPARTMENT[481]"umbrella"

Notice, Satellite terminals and gambling games
at racetracks and on excursion boats, 1.6(4),
5.1(5), 20.22 ARC 8071A 2278

Filed, Occupational and vendor licensing,
5.16(9), 13.2(1), 13.5, 13.6(1), 13.10(24),
13.17(5), 21.13(3), 24.11 to 24.18, 25.15 to
25.22 ARC 8072A 2291

SUPREME COURT

Decisions summarized 2293

It also contains Proclamations and Executive Orders of the Governor which are general and permanent in nature; Economic Impact Statements to proposed rules and filed emergency rules; Objections filed by Administrative Rules Review Committee, Governor or the Attorney General; and Delay by the Committee of the effective date of filed rules; Regulatory Flexibility Analyses and Agenda for monthly Administrative Rules Review Committee meetings. Other "materials deemed fitting and proper by the Administrative Rules Review Committee" include summaries of Public Hearings, Attorney General Opinions and Supreme Court Decisions.

The Bulletin may also contain Public Funds Interest Rates [12C.6]; Workers' Compensation Rate Filings [515A.6(7)]; Usury [535.2(3)"a"]; Agricultural Credit Corporation Maximum Loan Rates [535.12]; and Regional Banking--Notice of Application and Hearing [524.1905(2)].

PLEASE NOTE: Italics indicate new material added to existing rules; strike through letters indicate deleted material.

KATHLEEN K. BATES, Administrative Code Editor Telephone: (515)281-3355

ROSEMARY DRAKE, Assistant Editor (515)281-7252

First quarter July 1, 1997, to June 30, 1998 $237.00 plus $11.85 sales tax

Second quarter October 1, 1997, to June 30, 1998 $178.00 plus $8.90 sales tax

Third quarter January 1, 1998, to June 30, 1998 $118.00 plus $5.90 sales tax

Fourth quarter April 1, 1998, to June 30, 1998 $ 60.00 plus $3.00 sales tax

Single copies may be purchased for $17.50 plus $0.88 tax. Back issues may be purchased if the issues are available.

Prices for the Iowa Administrative Code and its Supplements are as follows:

Iowa Administrative Code - $1,086.00 plus $54.30 sales tax

(Price includes 22 volumes of rules and index, plus a one-year subscription to the Code Supplement and the Iowa Administrative Bulletin. Additional or replacement binders can be purchased for $10.55 plus $0.53 tax.)

Iowa Administrative Code Supplement - $382.00 plus $19.10 sales tax

(Subscription expires June 30, 1998)

All checks should be made payable to the Iowa State Printing Division. Send all inquiries and subscription orders to:

Customer Service Center

Department of General Services

Hoover State Office Building, Level A

Des Moines, IA 50319

Telephone: (515)242-5120

PRINTING SCHEDULE FOR IAB
ISSUE NUMBER	SUBMISSION DEADLINE	ISSUE DATE
2	Friday, June 26, 1998	July 15, 1998
3	Friday, July 10, 1998	July 29, 1998
4	Friday, July 24, 1998	August 12, 1998

PLEASE NOTE:

Rules will not be accepted after 12 o'clock noon on the Friday filing deadline days unless prior approval has been received from the Administrative Rules Coordinator's office.

If the filing deadline falls on a legal holiday, submissions made on the following Monday will be accepted.

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

The Administrative Code Division uses Interleaf 6 to publish the Iowa Administrative Bulletin and can import documents directly from most other word processing systems, including Ami Pro, Microsoft Word, Professional Write, Word for Windows (Word 7 or earlier), and WordPerfect.

1. To facilitate the processing of rule-making documents, we request a 3.5" High Density (not Double Density) IBM PC-compatible diskette of the rule making. Please indicate on each diskette the following information: agency name, file name, format used for exporting, and chapter(s) amended. Diskettes may be delivered to the Administrative Code Division, 4th Floor, Lucas State Office Building or included with the documents submitted to the Governor's Administrative Rules Coordinator.

2. Alternatively, if you have Internet E-mail access, you may send your document as an attachment to an E-mail message, addressed to both of the following:

bcarr@legis.state.ia.us

kbates@legis.state.ia.us

Please note that changes made prior to publication of the rule-making documents are reflected on the hard copy returned to agencies by the Governor's office; diskettes are returned unchanged.

Your cooperation helps us print the Bulletin more quickly and cost-effectively than was previously possible and is greatly appreciated.

NOTE: See also Supplemental Agenda to be published in the July 1, 1998, Iowa Administrative Bulletin.

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Commercial feed, pet food, ch 41, ch 42, Notice ARC 8045A 6/3/98

Infectious and contagious diseases, 64.154(1), 64.154(2)"c," 64.154(4)"a," 64.154(5), 64.155(4),
64.155(5)"d," 64.156(1)"a," 64.157(2)"c"(7), 64.158(2)"1" and "7," Notice ARC 8092A 6/17/98

ARCHITECTURAL EXAMINING BOARD[193B]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Reinstatement of a lapsed registration, original registration fees, 2.3, 2.3(1), 2.3(2), 2.5, Notice ARC 8074A 6/17/98

EDUCATION DEPARTMENT[281]

School buses, ch 44, Notice ARC 8073A 6/17/98

EDUCATIONAL EXAMINERS BOARD[282]

EDUCATION DEPARTMENT[281]"umbrella"

Issuance of practitioners' licenses, ch 14, Filed ARC 8065A 6/3/98

Substitute teacher's license, 14.17, Filed ARC 8063A 6/3/98

Mentor endorsement; beginning teacher support program, 14.20(17), ch 21, Notice ARC 7730A Terminated ARC 8064A 6/3/98

Fee increases, 14.30, Notice ARC 8066A 6/3/98

ENGINEERING AND LAND SURVEYING EXAMINING BOARD[193C]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Tutelage requirement, certificate of responsibility, 1.4"5," 1.4(2), 1.30(4), Filed ARC 8093A 6/17/98

Licensure by comity, administrative remedies, 1.4(5)"f," 1.11(1), Notice ARC 8094A 6/17/98

ENVIRONMENTAL PROTECTION COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Case-by-case maximum available control technology (MACT) determinations to be made for
facilities proposing to construct or reconstruct major sources of hazardous air pollutants (HAP),
20.2, 22.1(1), 22.1(3)"b"(8), 23.1(4), 23.1(4)"b," Filed Emergency ARC 8085A, also Notice ARC 8084A 6/17/98

Acid rain exemptions and the national emission standard for hazardous air pollutant (NESHAP) for primary
aluminum reduction plants, 22.103(2)"a"(2), 22.105(1)"a," 22.123, 22.124, 22.203(1)"a,"
22.203(2)"e"(1), 22.300(8)"a"(1), 23.1(1), 23.1(4)"p," Notice ARC 8087A 6/17/98

National ambient air quality standards (NAAQS), 28.1, Notice ARC 8086A 6/17/98

ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]

Use of corporate facilities for campaign purposes, ch 4 title, division I and division II headings, 4.20,
4.21, 4.26, 4.30, 4.32, Filed ARC 8047A 6/3/98

Campaign disclosure procedures, ch 4 divisions I to VI, 4.1 to 4.119, Notice ARC 8050A 6/3/98

Independent expenditures to candidate or committee, ch 4 division III, 4.33 to 4.109, 6.2(6), 6.2(7),
Filed ARC 8049A 6/3/98

Use of public funds for political purposes, ch 4 division VII, 4.120, 4.121, Notice ARC 8046A 6/3/98

Availability of reports and information--copies provided; prohibitions, 5.10, Filed ARC 8048A 6/3/98

HUMAN SERVICES DEPARTMENT[441]

Medically needy spenddown control (MNSC) system, 9.12(2)"b"(8), 65.19(19), 75.1(35)"f," 75.1(35)"g"(2),
75.25, 76.1(2), 83.43(1), 83.61(1)"b," 83.82(1)"b," Notice ARC 8067A 6/17/98

Individual development accounts, ch 10 preamble, 10.1, 10.2(7), 10.4(1), 10.4(4), 10.4(5),
10.5, 10.6, 10.6(1), 10.6(1)"a" to "c," 10.6(1)"g"(2) to (4), 10.6(2), 10.6(3),
10.6(3)"a," "c," "f" and "g," 10.7(1), 10.7(1)"e" and "f," 10.7(2),
10.7(2)"a," "c" and "d," 10.7(3), 10.8, 10.9, Filed ARC 8036A 6/3/98

Accreditation standards for providers of case management and community supported living arrangements,
community mental health centers, and other mental health service providers, 24.1, 24.4(1), 24.4(2)"b" and "c,"
24.4(3), 24.5, 24.5(1)"c," Filed ARC 8031A 6/3/98

Pilot project for certification of services for persons with mental retardation and developmental disabilities,
ch 24 division II heading and preamble, 24.21, 24.22, 24.23(4)"b"(1) to (3), 24.23(5)"a" and "b,"
24.24(2)"q" to "s," 24.24(4), 24.24(5), Filed ARC 8037A 6/3/98

Transitional Medicaid program, 75.1(31), 75.1(31)"b," "e" and "f," Notice ARC 8032A 6/3/98

HUMAN SERVICES DEPARTMENT[441](Cont'd)

Payment of the home health portion of the Medicaid Part B premium to home health specified low-income
Medicare beneficiary (HH-SLMB) clients, 75.1(37), Notice ARC 8033A 6/3/98

Nonprescription drugs under Medicaid coverage, 78.1(2)"f," Filed ARC 8040A 6/3/98

Electronic transmission of resident assessment information, 81.13(9)"b" and "c,"
Filed Emergency ARC 8039A, also Notice ARC 8038A 6/3/98

Schedule for lead toxicity screening under the early and periodic screening, diagnosis,
and treatment (EPSDT) program, 84.3(6)"c," Notice ARC 8068A 6/17/98

PROMISE JOBS payment to nonregistered child care providers while awaiting the results of the
child abuse and criminal records check, 93.110(1)"e," Notice ARC 8034A 6/3/98

Certificate of noncompliance, registration actions for nonpayment of child support, 107.4(6),
107.5(2)"b" and "c," 110.12, 110.35, Notice ARC 8035A 6/3/98

Child day care services, 170.2(3)"a," "d," "e" and "g," Notice ARC 8069A 6/17/98

Nonregistered child day care home provider criminal record checks and child abuse registry checks,
170.4(3)"h," Filed ARC 8041A 6/3/98

Family-centered nonrehabilitative treatment services, ch 182 preamble, 182.1, 182.2(1), 182.2(3),
182.2(4), 182.4, 182.4(2), 182.5, 182.5(5), 182.6, 182.7, 182.9(1), Filed ARC 8042A 6/3/98

INSPECTIONS AND APPEALS DEPARTMENT[481]

Investigations and hearings relating to professional licensure within the department of public health,
ch 11, Notice ARC 8043A 6/3/98

Construction in hospitals, 51.50, 51.51, Filed ARC 8044A 6/3/98

INSURANCE DIVISION[191]

COMMERCE DEPARTMENT[181]"umbrella"

Internet advertising by broker-dealers, investment advisers, broker-dealer agents, and investment
adviser representatives, 50.35, Notice ARC 8070A 6/17/98

Licensing of service contract companies, 54.20, Filed ARC 8075A 6/17/98

NATURAL RESOURCE COMMISSION[571]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Hunter education instructor applicant apprenticeship, 15.8(3)"h," Notice ARC 7867A Terminated ARC 8079A 6/17/98

Local recreation infrastructure grants program, ch 29, Notice ARC 8083A 6/17/98

Use of nontoxic shot on wildlife areas, 51.9, Filed ARC 8078A 6/17/98

Wildlife refuges, 52.1(2)"a," 52.1(3), Filed ARC 8077A 6/17/98

State parks and recreation areas, 61.2, 61.3(6), 61.4(2)"b," "d" and "m," 61.4(5), 61.5(15), 61.6(10), Notice ARC 8081A 6/17/98

Rental rate for the shelter at Pleasant Creek recreation area, 61.3(3)"a," Filed Emergency ARC 8082A 6/17/98

Ginseng harvesting and sale, 78.3(1), 78.3(2)"b," "c," "d" and "f," 78.3(3)"c," 78.4(3), 78.7, Filed ARC 8080A 6/17/98

Taking of snow geese, 92.3(11), Filed ARC 8076A 6/17/98

License quotas for hunting wild turkey, 99.2(1)"f," 99.5, Filed ARC 8091A 6/17/98

Hunting of game birds, 102.2(3), Filed ARC 8090A 6/17/98

Deer population management areas, ch 105, Filed ARC 8089A 6/17/98

Deer hunting, 106.1(2) to 106.1(4), 106.2(4), 106.3(3), 106.4(4), 106.4(5), 106.5(2), 106.5(3),
106.6(5), 106.6(6), 106.7(2), 106.7(4), 106.8(1), 106.8(2), 106.8(5), 106.10, 106.11(2)"b," 106.11(3)"a"(2),
106.13, Filed ARC 8088A 6/17/98

PETROLEUM UNDERGROUND STORAGE TANK FUND BOARD, IOWA COMPREHENSIVE[591]

Remedial or insurance claims, 11.1(5)"e," Notice ARC 8062A 6/3/98

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Barbers, 20.101(1) to 20.101(3), 20.102(3), 20.103(2), 20.106, 20.214(5), 21.1, 21.2, 21.4, 21.5,
21.7, 21.14, 29.14(5), 29.14(7), Filed ARC 8053A 6/3/98

Physical therapists and physical therapist assistants, 200.10(3), 202.11(3), Filed Emergency ARC 8051A 6/3/98

Occupational therapists and occupational therapy assistants, 201.7, 201.8, 201.12(1), 201.12(3) to 201.12(5),
201.12(10), 201.14(1), 201.14(3), 201.14(4), 201.16(1), 201.16(2), 201.16(3)"b" and "d," 201.19 to 201.26,
Notice ARC 8054A 6/3/98

Respiratory care practitioners, 260.12(1), 260.12(2), 260.13(6), 260.14(1), Notice ARC 8052A 6/3/98

PUBLIC HEALTH DEPARTMENT[641]

Healthy families Iowa (HFI), ch 87, Notice ARC 8060A 6/3/98

Financial assistance to eligible end-stage renal disease patients, ch 111, Notice ARC 8059A 6/3/98

Cervical immobilization device, 132.2(4), Filed ARC 8061A 6/3/98

PUBLIC SAFETY DEPARTMENT[661]

Fire safety for small group homes, 5.620, 5.620(1), Notice ARC 7393A Terminated, also Notice ARC 8055A 6/3/98

RACING AND GAMING COMMISSION[491]

INSPECTIONS AND APPEALS DEPARTMENT[481]"umbrella"

Operation of a satellite terminal; limitation on the location and number of racetracks and number of
slot machines and gambling games at racetrack enclosures; limitation on the number and locations
of licenses to conduct gambling games on excursion boats, 1.6(4), 5.1(5), 20.22, Notice ARC 8071A 6/17/98

Occupational and vendor licensing, 5.16(9), 13.2(1), 13.5(2), 13.5(3), 13.6(1), 13.10(24), 13.17(5),
21.13(3), 24.11(4), 24.12(1)"b"(2), 24.12 to 24.17, 24.18(3), 25.15 to 25.22, 25.20(4), Filed ARC 8072A 6/17/98

REVENUE AND FINANCE DEPARTMENT[701]

Pest eradication used in agricultural production as a taxable service, 26.45, Filed ARC 8058A 6/3/98

Net income, 39.1(5), 39.1(6), 40.5(1), 40.18(8)"b" example "1," 41.4, 41.5(8), 43.4(2)"c,"
46.3(3)"a," 46.3(3)"a"(1) and (2), Filed ARC 8057A 6/3/98

Nonresident and part-year resident credit, 42.3, Notice ARC 8056A 6/3/98

EDITOR'S NOTE: Terms ending April 30, 1999.

Senator H. Kay Hedge, Chairperson 3208 335th Street Fremont, Iowa 52561	Representative Christopher Rants, Vice-Chairperson 2740 South Glass Sioux City, Iowa 51106
Senator Merlin E. Bartz 2081 410th Street Grafton, Iowa 50440	Representative Danny Carroll 244 400th Avenue Grinnell, Iowa 50112
Senator John P. Kibbie 4285 440th Avenue Emmetsburg, Iowa 50536	Representative Minnette Doderer 2008 Dunlap Court Iowa City, Iowa 52245
Senator William Palmer 4815 Callaway Court Des Moines, Iowa 50317	Representative Janet Metcalf 12954 NW 29th Drive Des Moines, Iowa 50325
Senator Sheldon Rittmer 3539 230th Street DeWitt, Iowa 52742	Representative Keith Weigel 315 W. Main, P.O. Box 189 New Hampton, Iowa 50659
Joseph A. Royce Legal Counsel Capitol, Room 116A Des Moines, Iowa 50319 Telephone (515)281-3084 Fax (515)281-5995	Jackie Van Ekeren Romp Administrative Rules Coordinator Governor's Ex Officio Representative Capitol, Room 11 Des Moines, Iowa 50319 Telephone (515)281-6331 Fax (515)281-6611

The Administrative Rules Review Committee voted to request that Agencies comply with Iowa Code section 17A.4(1)"b" by allowing the opportunity for oral presentation (hearing) to be held at least twenty days after publication of Notice in the Iowa Administrative Bulletin.

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]
Pseudorabies disease--swine, 64.154 to 64.158 IAB 6/17/98 ARC 8092A	Conference Room--2nd Floor Wallace State Office Bldg. Des Moines, Iowa	July 7, 1998 10 a.m. to 12 noon
DENTAL EXAMINERS BOARD[650]
Dental hygienists--local anesthesia, 1.1 IAB 5/20/98 ARC 8015A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	June 17, 1998 1 p.m.
Dental hygienists--administration of local anesthesia and monitoring of nitrous oxide analgesia, 10.3 IAB 5/20/98 ARC 8016A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	June 17, 1998 1 p.m.
Dental hygienists--permit to administer local anesthesia, 11.10 IAB 5/20/98 ARC 8017A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	June 17, 1998 1 p.m.
Dental hygienists--fees for permits to administer local anesthesia, 15.1, 15.2 IAB 5/20/98 ARC 8018A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	June 17, 1998 1 p.m.
Dental assistants--coronal polishing and expanded functions, 20.2(3), 20.3 to 20.6 IAB 5/20/98 ARC 8019A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	June 17, 1998 2 p.m.
EDUCATIONAL EXAMINERS BOARD[282]
Licensure and authorization fee, 14.30 IAB 6/3/98 ARC 8066A	Conference Room 3 North--3rd Floor Grimes State Office Bldg. Des Moines, Iowa	June 25, 1998 10 a.m.
EDUCATION DEPARTMENT[281]
School buses, ch 44 IAB 6/17/98 ARC 8073A	State Board Room Grimes State Office Bldg. Des Moines, Iowa	July 8, 1998 9 a.m.
ENVIRONMENTAL PROTECTION COMMISSION[567]
Air quality, 20.2, 22.1, 23.1(4) IAB 6/17/98 ARC 8084A	East Conference Room Air Quality Bureau, Suite 1 7900 Hickman Rd. Urbandale, Iowa	July 17, 1998 1 p.m.
Acid rain exemptions and NESHAP for primary aluminum reduction plants, Title V operating permit application, 22.103(2), 22.105(1), 22.123, 22.124, 22.203, 22.300(8), 23.1 IAB 6/17/87 ARC 8087A	East Conference Room Air Quality Bureau, Suite 1 7900 Hickman Rd. Urbandale, Iowa	July 17, 1998 1:30 p.m.
NAAQS revisions--air quality, 28.1 IAB 6/17/98 ARC 8086A	Council Chambers, City Hall 226 W. 4th St. Davenport, Iowa	July 15, 1998 1 p.m.
	Shelby Room, Loft Hall Iowa Western Community College 2700 College Rd. Council Bluffs, Iowa	July 16, 1998 1 p.m.
	East Conference Room Air Quality Bureau, Suite 1 7900 Hickman Rd. Urbandale, Iowa	July 17, 1998 2 p.m.
LIVESTOCK HEALTH ADVISORY COUNCIL[521]
Annual appropriation, ch 1 IAB 5/20/98 ARC 8029A	Room 2507 College of Veterinary Medicine Iowa State University Ames, Iowa	June 18, 1998 10 a.m.
NATURAL RESOURCE COMMISSION[571]
Local recreation infrastructure grants program, ch 29 IAB 6/17/98 ARC 8083A	Conference Room Fourth Floor East Wallace State Office Bldg. Des Moines, Iowa	July 7, 1998 9 a.m.
State parks and recreation areas, 61.2, 61.3(6), 61.4, 61.5(15), 61.6(10) IAB 6/17/98 ARC 8081A	Conference Room Fourth Floor East Wallace State Office Bldg. Des Moines, Iowa	July 10, 1998 9 a.m.
PETROLEUM UST FUND BOARD, IOWA COMPREHENSIVE[591]
Remedial or insurance claims, 11.1(5)"e" IAB 6/3/98 ARC 8062A	Conference Room Insurance Division 330 E. Maple St. Des Moines, Iowa	June 23, 1998 10 a.m.
PROFESSIONAL LICENSURE DIVISION[645]
Occupational therapy examiners, 201.7, 201.8, 201.12, 201.14, 201.16, 201.19 to 201.26 IAB 6/3/98 ARC 8054A	Conference Room--4th Floor Lucas State Office Bldg. Des Moines, Iowa	June 23, 1998 9 to 11 a.m.
Respiratory care practitioners, 260.12, 260.13(6), 260.14(1) IAB 6/3/98 ARC 8052A	Conference Room--4th Floor Side 1 Lucas State Office Bldg. Des Moines, Iowa	June 24, 1998 10 a.m. to 12 noon
PUBLIC HEALTH DEPARTMENT[641]
Healthy families Iowa (HFI), ch 87 IAB 6/3/98 ARC 8060A (ICN Network)	ICN Room 326 Lucas State Office Bldg. Des Moines, Iowa	June 23, 1998 10 to 11 a.m.
	National Guard Armory 1200 13th Ave. N. Clinton, Iowa	June 23, 1998 10 to 11 a.m.
	Eastern Iowa Community College ICN Classroom 2, Room 304 Kahl Educational Center 326 W. 3rd St. Davenport, Iowa	June 23, 1998 10 to 11 a.m.
	Fort Madison High School Room 506 20th St. and Ave. B Fort Madison, Iowa	June 23, 1998 10 to 11 a.m.
	Univ. of Iowa Hospitals and Clinics ICN Classroom 1, Room 8774C JJP Eighth Floor 200 Hawkins Dr. Iowa City, Iowa	June 23, 1998 10 to 11 a.m.
	Indian Hills Community College ICN Classroom 2 Advanced Technology Center, Rm. 108 525 Grandview Ave. Ottumwa, Iowa	June 23, 1998 10 to 11 a.m.
	Western Iowa Tech Comm. College ICN Classroom 2 Bldg. B, Room 127B 4647 Stone Ave. Sioux City, Iowa	June 23, 1998 10 to 11 a.m.
	Webster City High School Room 19 1001 Lynx Ave. Webster City, Iowa	June 23, 1998 10 to 11 a.m.
	East Buchanan High School 414 5th St. Winthrop, Iowa	June 23, 1998 10 to 11 a.m.
PUBLIC HEALTH DEPARTMENT[641] (Cont'd)
Financial assistance to eligible end-stage renal disease patients, ch 111 IAB 6/3/98 ARC 8059A	Conference Room--4th Floor Lucas State Office Bldg. Des Moines, Iowa	June 25, 1998 1 p.m.
PUBLIC SAFETY DEPARTMENT[661]
Fire safety for small group homes, 5.620 IAB 6/3/98 ARC 8055A	Conference Room--3rd Floor Wallace State Office Bldg. Des Moines, Iowa	June 29, 1998 10:30 a.m.
RACING AND GAMING COMMISSION[567]
Licenses to conduct gambling games on excursion boats, 1.6(4), 5.1(5), 20.22 IAB 6/17/98 ARC 8071A	IMTA Auditorium (next to Racing and Gaming Office) 717 E. Court, Suite B Des Moines, Iowa	July 7, 1998 9 a.m.
UTILITIES DIVISION[199]
Energy efficiency plans and standards, 35.1 to 35.9 IAB 5/6/98 ARC 7986A	Utilities Board Hearing Room 350 Maple St. Des Moines, Iowa	June 18, 1998 10 a.m.

CITATION of Administrative Rules

The Iowa Administrative Code shall be cited as (agency identification number) IAC
(chapter, rule, subrule, lettered paragraph, or numbered subparagraph).

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

441 IAC 79.1(1)"a" (Paragraph)

441 IAC 79.1(1)"a"(1) (Subparagraph)

The Iowa Administrative Bulletin shall be cited as IAB (volume), (number), (publication
date), (page number), (ARC number).

IAB Vol. XII, No. 23 (5/16/90) p. 2050, ARC 872A

"Umbrella" agencies and elected officials are set out below at the left-hand margin in CAPITAL letters.

Divisions (boards, commissions, etc.) are indented and set out in lowercase type under their statutory "umbrellas."

Other autonomous agencies which were not included in the original reorganization legislation as "umbrella" agencies are included alphabetically in small capitals at the left-hand margin, e.g., BEEF INDUSTRY COUNCIL, IOWA[101].

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

BEEF INDUSTRY COUNCIL, IOWA[101]

BLIND, DEPARTMENT FOR THE[111]

CITIZENS' AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

EGG COUNCIL[301]

ELDER AFFAIRS DEPARTMENT[321]

EMPLOYMENT SERVICES DEPARTMENT[341]

Job Service Division[345]

Labor Services Division[347]

ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]

EXECUTIVE COUNCIL[361]

FAIR BOARD[371]

GENERAL SERVICES DEPARTMENT[401]

HUMAN INVESTMENT COUNCIL[417]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

Status of Blacks Division[434]

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

INTERNATIONAL NETWORK ON TRADE (INTERNET)[497]

LAW ENFORCEMENT ACADEMY[501]

LIVESTOCK HEALTH ADVISORY COUNCIL[521]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NARCOTICS ENFORCEMENT ADVISORY COUNCIL[551]

NATIONAL AND COMMUNITY SERVICE, IOWA COMMISSION ON[555]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board[575]

PERSONNEL DEPARTMENT[581]

PETROLEUM UNDERGROUND STORAGE TANK FUND
BOARD, IOWA COMPREHENSIVE[591]

PREVENTION OF DISABILITIES POLICY COUNCIL[597]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

RECORDS COMMISSION[671]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

SEED CAPITAL CORPORATION, IOWA[727]

SESQUICENTENNIAL COMMISSION, IOWA STATEHOOD[731]

SHEEP AND WOOL PROMOTION BOARD, IOWA[741]

TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA[751]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

UNIFORM STATE LAWS COMMISSION[791]

VETERANS AFFAIRS COMMISSION[801]

VETERINARY MEDICINE BOARD[811]

VOTER REGISTRATION COMMISSION[821]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Industrial Services Division[873]

Labor Services Division[875]

Workforce Development Board and
Workforce Development Center Administration Division[877]

Pursuant to the authority of Iowa Code sections 159.5(11), 159.6(2), and 163.1(1), the Iowa Department of Agriculture and Land Stewardship proposes to amend Chapter 64, "Infectious and Contagious Diseases," Iowa Administrative Code.

These amendments implement 1998 Iowa Acts, Senate File 2371, effective July 1, 1998, and include the following: (1) change some identification requirements, (2) provide for changes in the restricted movement of animals from herds on cleanup and from herds delinquent in testing, (3) state the health requirements for relocating swine, (4) change vaccination requirements for certain imported feeder swine, (5) provide changes in maintaining qualified negative herd status, (6) change some requirements for herd cleanup plans, and (7) change some identification requirements for "cooperator pigs."

Any interested person may make written comments on these proposed amendments on or before July 7, 1998. Written comments should be addressed to Walter D. Felker,D.V. M., State Veterinarian, Iowa Department of Agriculture and Land Stewardship, Wallace State Office Building, Des Moines, Iowa 50319.

A public hearing will be held on July 7, 1998, from 10 a.m. to 12 noon in the Second Floor Conference Room, Wallace State Office Building, Des Moines, Iowa.

These amendments are intended to implement Iowa Code chapter 166D as amended by 1998 Iowa Acts, Senate File 2371.

The following amendments are proposed.

ITEM 1. Amend subrule 64.154(1) as follows:

64.154(1) All breeding and feeder swine being exhibited or having a change of ownership or possession, whether by sale, lease, loan, gift, barter, or foreclosure, must be identified by a method approved by the Iowa department of agriculture and land stewardship. The identification shall be applied by the owner, the pig dealer, or the livestock dealer at the farm of origin or by the pig dealer or the livestock dealer at the first concentration point.

ITEM 2. Amend subrule 64.154(2), paragraph "c," as follows:

c. Restricted movement slaughter swine. When the department determines that a majority of herds within a program area have been tested, all herds not tested within 12 months and all infected herds not on an approved herd cleanup plan shall only move swine directly to slaughter. The department may, until a herd plan is approved and showing progress, require the movement of all slaughter swine by "direct movement," to slaughter only, by a Permit for Restricted Movement of Animals to Slaughter which provides a description of the animals, the owner, the consignee, the date of movement, the destination, and the identification or vehicle seal number if applicable. These "restricted direct movement to slaughter only swine" shall be individually identified by approved metal ear tags applied at the farm of origin. The identification requirement is waived if the consignment of swine is sealed within the transport vehicle at the farm of origin by an official seal available from the department. This seal shall be applied by an accredited veterinarian. This seal shall be removed by an accredited veterinarian, USDA official, or department official, or the person purchasing the swine upon arrival of the consignment at the destination indicated on the Permit for Restricted Movement of Animals to Slaughter.

The ear tags shall have an alphabetic or numeric numbering system to provide unique identification with each herd, each lot, or each individual swine. They shall be applied prior to movement and listed on the Permit for Restricted Movement of Animals to Slaughter. This Permit for Restricted Movement of Animals to Slaughter shall be issued and distributed by an accredited veterinarian as follows:

1. Original to accompany shipment.

2. Mail a copy to destination of shipment.

3. Mail a copy to state of destination (USDA VS office).

4 2. Mail a copy to state of origin (USDA VS office) the department.

5 3. Veterinarian issuing permit will retain a copy.

ITEM 3. Amend subrule 64.154(4), paragraph "a," as follows:

a. Native Iowa feeder pigs sold and moved farm-to-farm within the state are exempt from identification requirements if the owner transferring possession and the person taking possession agree in writing that the feeder pigs will not be commingled with other swine for a period of 30 days. The owner transferring possession shall provide a copy of the agreement to the person taking possession of the feeder pigs.

ITEM 4. Amend subrule 64.154(5), introductory paragraph, as follows:

64.154(5) Swine being relocated intrastate without a change of ownership are exempt from health certification, identification requirements, and transportation certification, except as required by Iowa Code chapter 172B, and provided relocation records sufficient to determine the origin, the current pseudorabies status of the herd of origin, the number relocated, the date relocated, and destination of the relocated swine are available for inspection.

ITEM 5. Amend subrule 64.155(4) as follows:

64.155(4) A Farm-to-Farm Certificate of Veterinary Inspection, a transportation certificate according to Iowa Code chapter 172B, or an Intrastate Certificate of Veterinary Inspection shall be used for moving identification-exempt native Iowa feeder pigs farm-to-farm according to 64.154(4)"b." Feeder swine purchased for resale by a pig dealer must be identified and accompanied by a Certificate of Inspection.

ITEM 6. Amend subrule 64.155(5), paragraph "d," as follows:

d. Beginning January 1, 1998, all imported feeder swine, except those from qualified negative herds entering qualified negative herds, must be vaccinated for pseudorabies with a G1 deleted vaccine within 45 days of arrival if imported into a county with a pseudorabies prevalence greater than 3 percent. This requirement must be stated on the import interstate certificate. Imported swine consigned directly to slaughter are exempt from vaccination requirements.

ITEM 7. Amend subrule 64.156(1), paragraph "a," as follows:

a. Recertification of a qualified pseudorabies negative herd and a qualified differential negative herd will shall be by include quarterly or monthly testing, as detailed in Iowa Code chapter 166D section 166D.7(1)"a." A minimum of 14 breeding swine must be tested each quarter, unless total numbers of breeding swine in the herd are less than 14; then test all breeding swine.

ITEM 8. Amend subrule 64.157(2), paragraph "c," subparagraph (7), as follows:

(7) All new and updated cleanup plans shall be designed to complete herd cleanup in less than two years or before January 1, 2000. After Beginning January 1, 1999, all infected herds, with breeding swine, shall implement a test and removal herd cleanup plan with all positive swine moved direct to slaughter; all infected "finisher only" swine herds shall operate on an all-in-all-out herd management program direct to slaughter; and all which shall include the following:

1. All herd boars must be tested every three months.

2. All breeding sows shall be tested postbreeding prior to weaning.

3. All breeding swine must be identified by an approved ear tag at the time of blood collection.

4. All seropositive swine must be removed from the herd, direct to slaughter, within 15 days after weaning or blood collection.

5. Seropositive swine must be removed from the herd direct to a buying station or a slaughtering establishment.

6. A test and removal herd plan shall be in effect until the herd is determined to be noninfected.

All swine movement from infected herds may be by "restricted movement to slaughter" must be directly to slaughter according to 64.154(2)"c," unless exempted by the a "feeder pig cooperator" plan.

When this herd is designated a noninfected herd, or has been depopulated, by procedures detailed in Iowa Code section 166D.9, the plan is completed.

ITEM 9. Amend subrule 64.158(2), numbered paragraphs "1" and "7," as follows:

1. The herd has not experienced clinical signs of pseudorabies within the previous six months 30 days.

7. All feeder pigs must be tagged identified prior to sale or movement with an official pink feeder pig ear tag, or a tattoo, approved by the department, beginning with the letters PR. The producer shall obtain a health certificate (which must include a permit number from the department) from the herd veterinarian prior to movement from premises of origin and said health certificate shall accompany each shipment. All feeder pigs are quarantined to farm of destination until sold to slaughter.

ARC 8074A

Pursuant to the authority of Iowa Code section 544A.29, the Iowa Architectural Examining Board hereby gives Notice of Intended Action to amend Chapter 2, "Registration," Iowa Administrative Code.

The amendments to Chapter 2 update procedures to be followed to reinstate a lapsed registration and fees to be paid for original registration as an architect.

Consideration will be given to all written suggestions or comments on the proposed amendments received on or before July 7, 1998. Comments should be addressed to Glenda Loving, Architectural Examining Board, 1918 S.E. Hulsizer, Ankeny, Iowa 50021, or faxed to (515)281-7411. E-mail may be sent to glenda.loving@comm7.state.ia.us.

These amendments are intended to implement Iowa Code chapters 17A and 544A.

The following amendments are proposed.

ITEM 1. Amend rule 193B--2.3(544A,17A) as follows:

193B--2.3(544A,17A) Reinstatement. An expired certificate of registration can be reinstated within two years by completing all of the following:

1. Paying the a reinstatement fee of $50 per year of expired registration, up to a maximum of $350.

2. Paying the current renewal fee.

3. Submitting documented evidence of compliance with the completion of 12 contact hours (8 hours in public protection subjects) of continuing education requirements for each year the two years prior to the date the certificate of expired registration expired in compliance with requirements in 193B--Chapter 3 (40 contact hours) up to a maximum of 48 contact hours (32 hours in public protection subjects). If the continuing education requirements cannot be met, reinstatement requirements will be determined by the board. The certificate will be reinstated when the requirements have been satisfied and fees have been paid.

ITEM 2. Rescind subrules 2.3(1) and 2.3(2).

ITEM 3. Amend rule 193B--2.5(544A,17A) as follows:

193B--2.5(544A,17A) Fee schedule. Under the authority provided in Iowa Code chapter 544A, the following fees are hereby adopted:

Examination fees:

Initial application fee paid to board $100

Fees for examination subjects shall be paid
directly to the testing service selected
by NCARB.

Registration Fee 30 20

(plus $6 $5 per month until renewal)

Reciprocal Application and Registration Fee 140

Biennial Renewal Fee 140

Biennial Renewal Fee (Inactive) 50

Reinstatement Fee 100

Duplicate Certificate Fee 20

Roster Fee (except to registered architects
and government agencies) 50

Authorization to Practice Architecture
as a Business Entity 50

Renewal of Authorization to Practice
Architecture as a Business Entity 20

ARC 8073A

Pursuant to the authority of Iowa Code section 256.7, the Iowa State Board of Education hereby gives Notice of Intended Action to rescind Chapter 44, "School Buses," Iowa Administrative Code, and adopt a new Chapter 44 with the same title.

The new Chapter 44 contains school bus construction and equipment specifications and requirements necessary to ensure that school buses manufactured for and purchased in Iowa are constructed and equipped with the latest manufacturing technologies and safety equipment and comply with current federal motor vehicle safety standards.

Interested parties may comment on the proposed new chapter on or before July 8, 1998. Written materials should be directed to Terry L. Voy, School TransportationConsultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319-0146, telephone (515)281-4749.

A public hearing will be held on July 8, 1998, at 9 a.m. in the State Board Room, Grimes State Office Building, Des Moines, Iowa, at which persons may present their views orally and in writing.

This chapter is intended to implement Iowa Code section 285.8.

The following chapter is proposed.

Rescind 281--Chapter 44 and adopt the following new chapter:

101--Control location, identification, and illumination.

102--Transmission shift lever sequence, starter interlock, and transmission braking effect.

103--Windshield defrosting and defogging systems.

104--Windshield wiping and washing systems.

105--Hydraulic braking systems.

106--Brake hoses.

107--Reflecting surfaces.

108--Lamps, reflective devices, and associated equipment.

109--New pneumatic tires.

110--Tire selection and rims.

111--Rearview mirrors.

113--Hood latch systems.

116--Motor vehicle brake fluids.

119--New pneumatic tires for vehicles other than passenger cars.

120--Tire selection and rims for motor vehicles other than passenger cars.

121--Air brake systems.

124--Accelerator control systems.

131--School bus pedestrian safety devices.

205--Glazing materials.

206--Door locks and door retention components.

207--Seating systems.

208--Occupant crash protection.

209--Seat belt assemblies.

210--Seat belt assembly anchorages.

217--Bus window retention and release.

219--Windshield zone intrusion for vehicles with a GVWR of 10,000 pounds or less.

220--School bus rollover protection.

221--School bus body joint strength.

222--School bus passenger seating and crash protection.

301--Fuel system integrity.

302--Flammability of interior materials.

303--Fuel system integrity of compressed natural gas vehicles.

304--Compressed natural gas fuel container integrity.

281--44.2(285) School bus--type classifications.

44.2(1) Type A school bus is a conversion or body constructed upon a van-type or cutaway front section vehicle with a left-side driver's door, designed for carrying more than ten persons. This definition shall include two classifications: Type A-I, with a gross vehicle weight rating (GVWR) over 10,000 pounds; and Type A-II, with a GVWR of 10,000 pounds or less.

44.2(2) Type B school bus is a conversion or body constructed and installed upon a van or front-section vehicle chassis, or stripped chassis, with a gross vehicle weight rating of more than 10,000 pounds, designed for carrying more than ten persons. Part of the engine is beneath or behind the windshield and beside the driver's seat. The entrance door is behind the front wheels.

44.2(3) Type C school bus is a body installed upon a flat-back cowl chassis with a gross vehicle weight rating of more than 10,000 pounds, designed for carrying more than ten persons. All of the engine is in front of the windshield, and the entrance door is behind the front wheels.

44.2(4) Type D school bus is a body installed upon a chassis with the engine mounted in the front, middle, or rear with a gross vehicle weight rating of more than 10,000 pounds, designed for carrying more than ten persons. The engine may be behind the windshield and beside the driver's seat; it may be at the rear of the bus, behind the rear wheels; or it may be midway between the front and rear axles. The entrance door is ahead of the front wheels.

281--44.3(285) School bus chassis.

44.3(1) Air cleaner.

a. The engine air intake cleaning system shall be furnished and properly installed by the chassis manufacturer to meet engine manufacturer's specifications.

b. The intake air system for diesel engines shall have an air cleaner restriction indicator properly installed by the chassis manufacturer to meet engine specifications.

44.3(2) Alternator.

a. All Type A buses and Type B buses up to 15,000 pounds GVWR shall have a minimum of a 60-ampere alternator.

b. Type A-I and Type B buses over 15,000 pounds GVWR and all Type C and Type D buses shall be equipped with a heavy-duty truck or bus-type alternator meeting SAE J 180, having a minimum output rating of 100 amperes. Alternators of 100- through 145-ampere design shall produce a minimum of 50 amperes output at engine idle speed.

c. All buses equipped with an electrical power lift shall have a minimum of a 100-ampere alternator.

d. Direct-drive alternator is permissible in lieu of belt drive. Belt drive shall be capable of handling the rated capacity of the alternator with no detrimental effect on other driven components. Refer to School Bus Manufacturers Technical Committee, School Bus Design Objectives, August 1996 edition, for estimating required alternator capacity.

44.3(3) Axles. The front and rear axle and suspension systems shall have gross axle weight rating (GAWR) at ground commensurate with the respective front and rear weight loads that will be imposed by the bus.

44.3(4) Backup warning alarm. A backup warning alarm shall be installed on every school bus. Responsibility for installation of the alarm shall rest with the school bus body manufacturer unless other arrangements have been made between the body and chassis manufacturers. See also subrule 44.4(2).

44.3(5) Battery system.

a. A 12-volt battery system tested at 0 degrees Fahrenheit shall be provided which meets or exceeds the following capacity ratings:

(1) Gasoline engines (greater than 10,000 pounds GVWR): 150 minutes reserve and 500 cold cranking ampere capacity.

(2) Gasoline engines (10,000 pounds GVWR or less): 125 minutes reserve and 450 cold cranking ampere capacity.

(3) Diesel engines (all): 200 minutes reserve and 1,000 cold cranking ampere capacity, or a cold cranking ampere capacity not less than the engine manufacturer's minimum requirements, whichever is greater.

b. Since all batteries are to be secured in a sliding tray in the body, chassis manufacturers shall temporarily mount the battery on the chassis frame. Van conversion or cutaway front-section chassis may have the battery located in the forward engine compartment beneath the hood or temporarily mounted for final mounting in the body skirt by the body manufacturer. In these cases, the final location of the battery and the appropriate cable lengths shall be according to the SBMTC School Bus Design Objectives, August 1996 edition, or as mutually agreed upon by the chassis and body manufacturers. In all cases, however, the battery cable provided with the chassis shall have sufficient length to allow some slack.

44.3(6) Brakes.

a. The braking system shall include the service brake, an emergency brake that is part of the service brake system and controlled by the service brake pedal, and a parking brake meeting federal motor vehicle safety standards at date of manufacture.

b. Buses using air or vacuum in the operation of the brake system shall be equipped with warning signals readily audible and visible to the driver. The signal shall give a continuous warning when the air pressure available in the system for braking is 60 psi (pounds per square inch) or less or the vacuum in the system available for braking is eight inches of mercury or less. An illuminated gauge shall be provided that will indicate to the driver the air pressure in pounds per square inch or the inches of mercury vacuum available for the operation of the brakes.

c. Buses using a hydraulic-assist brake system shall be equipped with warning signals readily audible and visible to the driver. The warning signal shall provide continuous warning in the event of a loss of fluid flow from primary source and in the event of discontinuity in that portion of the vehicle electrical system that supplies power to the backup system.

d. Every brake system which employs air or vacuum shall include a reservoir of the following capacity, where applicable, for brake operation:

(1) Vacuum-assist brake systems shall have a reservoir used exclusively for brakes that shall adequately ensure a full stroke application so that loss in vacuum shall not exceed 30 percent with the engine off. Brake systems on gas-powered engines shall include suitable and convenient connections for the installation of a separate vacuum reservoir.

(2) Any brake system with a dry reservoir shall be equipped with a check valve or equivalent device to ensure that in the event of failure or leakage in its connection to the source of compressed air or vacuum, the stored dry air or vacuum shall not be depleted by the leakage or failure.

(3) Connection for auxiliary accessory reservoir. The brake system shall include a suitable and convenient connection for installation of an auxiliary air or vacuum reservoir by the body manufacturer.

e. All brake lines and booster assist lines shall be protected from excessive heat, corrosion and vibration and shall be installed to prevent chafing.

f. All brake systems shall be designed to permit visual inspection of brake lining wear without removal of any chassis components.

g. An air brake system is required on every chassis meeting one or more of the following:

(1) Wheelbase equal to or greater than 274 inches.

(2) Designed seating capacity rating greater than 66 passengers. Designed seating capacity, also known as manufacturer's seating capacity, is the actual or theoretical passenger capacity of the vehicle if it were constructed with the maximum number of seating positions according to standard seating plans.

h. An air brake system shall comply with the following system and component designs:

(1) The system cannot be of wedge design.

(2) The system shall include an air dryer system, approved by the department of education, having design features equal to or exceeding the Bendix Westinghouse Model AD9. The system shall be self-purging and capable of removing oil, dirt, and moisture. The dryer system shall also be equipped with a heater to prevent the freezing of moisture within the system. All plumbing from air compressor to input of air dryer or after-cooler shall provide soft flow bends not producing sumps in the air compressor line having direct entry into the dryer. An automatic moisture ejector or "spitter valve" does not meet the above requirement.

(3) Slack adjusters are required to be installed at all wheel positions.

(4) The air compressor shall produce a minimum output of 12.0 cubic feet per minute (CFM).

i. Vehicles 10,000 pounds GVWR or less shall be equipped with a hydraulic, dual-braking system of manufacturer's standard, with power assist.

j. Antilock brake systems for either air or hydraulic brakes shall include control of all axles in compliance with Federal Motor Vehicle Safety Standard (FMVSS) 105 or 121.

44.3(7) Front bumper.

a. All school buses shall be equipped with a front bumper. The chassis manufacturer shall furnish the front bumper on all chassis unless there is a specific arrangement between the chassis manufacturer and body manufacturer that the body manufacturer will furnish the front bumper.

b. The bumper shall be not less than eight inches wide (high), except on Type D buses where the front bumper shall be a minimum of nine inches wide (high).

c. The front bumper shall be of pressed steel channel or equivalent material of sufficient structural and mounting strength to ensure that the front of the vehicle may be lifted by means of an air bumper-type jack, without permanent deformation of the bumper, bracketry, or chassis frame rail(s). The front bumper, except breakaway bumper ends, shall be of sufficient strength to permit pushing a vehicle of equal gross vehicle weight without permanent distortion to the bumper, chassis, or body.

d. On Type A-II vehicles the front bumper may be of manufacturer's standard construction.

e. The bumper shall extend beyond the forward-most part of the body, grille, hood, and fenders (flush-mounted bumpers are not acceptable) and shall extend to the outer edges of the fenders at the bumper's top line. The bumper shall be curved, beveled, or have other design features at each end to prevent snagging or hooking and shall be bolted to the chassis frame so it can be conveniently removed for maintenance.

f. Tow eyes or hooks required. All chassis shall be equipped with two tow eyes or hooks installed by the chassis manufacturer so as not to project beyond the front bumper. Tow eyes or hooks shall be attached to the chassis frame in accordance with the chassis manufacturer's standards.

g. The bumper shall be designed or reinforced so that it will not deform when the bus is lifted by a chain that is passed under the bumper (or through the bumper if holes are provided for this purpose) and attached to both tow eyes. For the purpose of meeting this standard, the bus shall be empty and positioned on a level, hard surface and both tow eyes shall share the load equally.

h. The front bumper shall be black except on Type A-II chassis where the front bumper may be either black or chrome-plated.

44.3(8) Rear bumper. A rear bumper of manufacturer's standard construction shall be provided by the chassis manufacturer on all Type A-II chassis unless there is a specific arrangement between the chassis manufacturer and body manufacturer that the body manufacturer will furnish the rear bumper. The rear bumper shall be painted glossy black.

44.3(9) Certification, chassis. Chassis manufacturer will, upon request, certify to the state agency having pupil transportation jurisdiction that their product(s) meets minimum standards on items not covered by certification issued under requirements of the National Traffic and Motor Vehicle Safety Act.

44.3(10) Clutch.

a. Clutch torque capacity shall be equal to or greater than the engine torque output.

b. A starter interlock shall be installed to prevent actuation of the starter if the clutch is not depressed.

44.3(11) Color.

a. Chassis, including wheels and front bumper, shall be black. Body cowl, hood, and fenders shall be national school bus yellow. The flat top surface of the hood may be nonreflective national school bus yellow; black is not acceptable.

b. Demountable rims, if used, may be silver, gray or black as received from the wheel manufacturer.

c. The grille may be painted the manufacturer's standard color unless otherwise specified.

d. On Type A-II chassis, wheels may be of the manufacturer's standard color.

44.3(12) Daytime running lights (DRL). Exterior headlamps and parking lamps may be provided with a switch to operate automatically when the vehicle's ignition is engaged. This switch, if furnished, shall not engage while the starter is engaged. If this switch is designed to provide reduced illumination under normal operating conditions, a means whereby the headlamps and parking lamps can be engaged at full power shall be provided.

44.3(13) Defroster. See subrules 44.3(22) and 44.4(18).

44.3(14) Drive shaft. The drive shaft shall be protected by a metal guard or guards around the circumference of the drive shaft to reduce the possibility of its whipping through the floor or dropping to the ground if broken.

44.3(15) Electrical system. See subrule 44.3(41).

44.3(16) Exhaust system.

a. The exhaust pipe, muffler and tailpipe shall be outside the bus body compartment and attached to the chassis so as not to damage any other chassis component.

b. The tailpipe shall be constructed of a corrosion-resistant tubing material at least equal in strength and durability to 16-gauge steel tubing.

c. Chassis manufacturers shall furnish an exhaust system with tailpipe of sufficient length to extend at least 5 inches beyond the end of the chassis frame to the vertical line of the rear end of the body, but not beyond the rear bumper. The exhaust may exit at the left side of the bus body provided that the exit is no more than 18 inches forward of the front edge of the rear wheelhouse opening. If designed to exit to the left side of the bus, the tailpipe shall extend at least 48.5 inches (51.5 inches if the body is to be 102 inches wide) outboard from the chassis centerline. Final positioning shall result in the exhaust system's extending to, but not beyond, the body limits on the left side of the bus. There shall be installed a downspout at the end of the exhaust pipe which directs exhaust fumes toward the ground.

d. On Type A-I chassis greater than 15,000 pounds GVWR, Type C and Type D vehicles, the tailpipe shall not exit beneath a fuel fill or emergency door exit.

e. On Type A-II and Type B chassis of 15,000 pounds GVWR or less, the tailpipe may be furnished with the manufacturer's standard tailpipe configuration.

f. The exhaust system on a chassis shall be adequately insulated from the fuel system.

g. The muffler shall be constructed of corrosion-resistant material.

h. The exhaust system on vehicles equipped with a power lift unit may be routed to the left of the right frame rail to allow for the installation of a power lift unit on the right side of the vehicle.

44.3(17) Fenders, front and hood. This subrule does not apply to Type A-I, A-II or D vehicles.

a. The total spread of outer edges of front fenders, measured at the fender line, shall exceed the total spread of front tires when the front wheels are in the straight-ahead position.

b. Front fenders shall be properly braced and free from any body attachment.

c. Chassis sheet metal shall not extend beyond the rear face of the cowl.

d. Front fenders and hood may be of manufacturer's standard material and construction.

e. The hood shall not require more than 20 pounds of force to open or close and shall be equipped with a positive latch to secure the hood in an open position.

44.3(18) Frame.

a. The frame or equivalent shall have design and strength characteristics corresponding at least to standard practice for trucks of the same general load characteristics which are used for highway service.

b. Any secondary manufacturer that modifies the original chassis frame shall guarantee the performance of workmanship and materials resulting from such modification.

c. Extensions of frame lengths are permissible only when alterations are behind the rear hanger of the rear spring or in front of the front hanger of the front spring and shall not be for the purpose of extending the wheelbase.

d. Holes in top or bottom flanges or side units of the frame and welding to the frame shall not be permitted except as provided or accepted by the chassis manufacturer.

e. Frame lengths shall be provided in accordance with SBMTC School Bus Design Objectives, August 1996 edition, except where body and chassis manufacturers are the same or have established mutual design criteria for the vehicle.

44.3(19) Fuels, alternative. An alternative fuel is defined as propane (LPG), compressed natural gas (CNG), liquefied natural gas (LNG), electricity, hydrogen, methanol, ethanol, clean diesel and reformulated gasoline. Vehicles that operate on an alternative fuel shall meet the following requirements:

a. Chassis shall meet all standards of this rule.

b. Chassis shall meet all applicable FMVSS standards including, but not limited to, the fuel system integrity standards of FMVSS 301 or FMVSS 303 and FMVSS 304.

c. Original equipment manufacturers (OEMs) and conversion systems using compressed natural gas (CNG) shall comply with NFPA Standard 52 "Compressed Natural Gas Vehicular Fuel Systems" in effect at the time of installation. Fuel systems using liquefied petroleum gas (LPG) shall comply with the NFPA Standard 58 "Liquefied Petroleum Gases Engine Fuel Systems" in effect at the time of installation.

d. All alternative fuel buses shall travel a loaded range of not less than 200 miles, except those powered by electricity which shall travel not less than 80 miles.

e. Natural gas-powered buses shall be equipped with an interior/exterior gas detection system. All natural gas-powered buses shall be equipped with a fire detection and suppression system.

f. All materials and assemblies used to transfer or store alternative fuels shall be installed outside the passenger/driver compartment.

g. All Type C and D buses using alternative fuel shall meet the same base requirements of this rule for power and grade ability, i.e., at least one published net horsepower per each 185 pounds of GVWR.

h. The total weight shall not exceed the GVWR when loaded to rated capacity.

i. The manufacturer supplying the alternative fuel equipment must provide the owner and operator with adequate training and certification in fueling procedures, scheduled maintenance, troubleshooting, and repair of alternative fuel equipment.

j. All fueling equipment shall be designed specifically for fueling motor vehicles and shall be certified by the manufacturer as meeting all applicable federal, state and industry standards.

k. All on-board fuel supply containers shall meet all appropriate requirements of the ASME code, the DOT regulations, or applicable FMVSS and NFPA standards.

l. All fuel supply containers shall be securely mounted to withstand a static force of eight times their weight in any direction.

m. All safety devices that may discharge to the atmosphere shall be vented to the outside of the vehicle. The discharge line from the safety relief valve on all school buses shall be located in a manner appropriate to the characteristics of the alternative fuel. Discharge lines shall not pass through the passenger compartment.

n. A positive, quick-acting (1/4 turn), shut-off control valve shall be installed in the gaseous fuel supply lines as close to the fuel supply containers as possible. The controls for this valve shall be placed in a location easily operable from the exterior of the vehicle. The location of the valve control shall be clearly marked on the exterior surface of the bus.

o. A grounding system shall be required for grounding of the fuel system during maintenance-related venting.

44.3(20) Fuel system.

a. All fuel tanks, including auxiliary fuel tanks, fuel tank filler pipes, and fuel tank connections shall conform to all applicable federal motor vehicle safety standards at the date of manufacture and shall be installed in accordance with SBMTC School Bus Design Objectives, August 1996 edition.

b. On all Type B, C, and D vehicles, the fuel tank shall conform to Motor Carrier Safety Regulations, Section 393.67, paragraphs (c) through (f), with reference to material and method of construction, leak testing and certification. On Type A-I and A-II vehicles, the fuel tank may be of the manufacturer's standard construction.

c. On chassis with a wheelbase greater than 170 inches, at least one fuel tank of 60-gallon capacity shall be provided and installed by the manufacturer. Chassis with a wheelbase of 170 inches or less shall be equipped with at least one fuel tank of 30-gallon minimum capacity, as provided and installed by the manufacturer.

d. Fuel tank(s) may be mounted between the chassis frame rails or outboard of the frame rails on either the left or right side of the vehicle by the manufacturer. Tanks shall be mounted directly to the chassis frame, filled, and vented outside the body, in a location where accidental fuel spillage will not drip or drain on any part of the exhaust system.

e. Fuel filtration shall be accomplished by means of the following:

(1) Gasoline-powered systems--one in-line fuel filter shall be installed between the fuel tank and the engine.

(2) Diesel-powered systems--one engine-mounted fuel filter with water/fuel separator shall be supplied and installed by the engine manufacturer.

f. The actual draw capacity of each fuel tank shall be 83 percent of the tank capacity.

g. Unless specific agreement has been made between the body and chassis manufacturers, fuel tanks and filler spouts shall not be located in spaces restricted by SBMTC School Bus Design Objectives, 1996 edition.

44.3(21) Governor.

a. An engine governor is permissible and, where used, shall be set at the manufacturer's recommended maximum engine speed. When it is desired to limit road speed, a road speed governor shall be installed.

b. When the engine is remotely located from driver, the governor shall be set to limit engine speed to the maximum revolutions per minute recommended by the engine manufacturer, and a tachometer shall be installed so engine speed may be known to the driver.

44.3(22) Heating system.

a. The chassis engine shall have plugged openings for the purpose of supplying hot water for the bus heating system. The openings shall be suitable for attaching 3/4-inch pipe thread/hose connector.

b. The engine shall be capable of supplying water having a temperature of at least 170 degrees Fahrenheit at a flow rate of 50 pounds per minute at the return end of 30 feet of one-inch inside-diameter automotive hot water heater hose. Engine temperature performance shall be measured in accordance with the School Bus Manufacturer's Technical Council Standard Number 001--Procedures for Testing and Rating Automotive Bus Hot Water Heating and Ventilating Equipment, July 1996.

c. For Type A-II vehicles with GVWR of 10,000 pounds or less, the chassis manufacturer shall provide a fresh air front heater and defroster of recirculating hot water type. See also subrules 44.4(12) and 44.4(18).

44.3(23) Headlamps.

a. Buses shall be equipped with a minimum of two headlamps of proper intensity and fuses or circuit breakers.

b. The headlamp switch shall be of adequate ampere capacity to carry the load of the clearance and identification lamps in addition to the headlamps and tail lamps since these will be activated by the same switch.

c. There shall be a manually operated switch for selection of high- or low-beam distribution of the headlamps.

d. The headlight system must be wired separately from the body-controlled solenoid.

e. Daytime running lights (DRL) are permissible in accordance with subrule 44.3(12).

44.3(24) Horn. Chassis shall be equipped with dual horns of standard make. Each horn must be capable of producing a complex sound in a band of audio frequencies between approximately 250 and 2,000 cycles per second and shall be tested in accordance with Society of Automotive Engineers Standard J377.

44.3(25) Instruments and instrument panel.

a. Chassis shall be equipped with an instrument panel having, as a minimum, the following instrumentation: (Lights in lieu of gauges are not acceptable except as noted.)

(1) Speedometer.

(2) Odometer with accrued mileage (to seven digits), including tenths of miles.

(3) Voltmeter with graduated scale.

(4) Oil pressure gauge.

(5) Water temperature gauge.

(6) Fuel gauge.

(7) Upper-beam headlamp indicator.

(8) Air pressure or vacuum gauge, where air or vacuum brakes are used. A light indicator in lieu of a gauge is permitted on vehicles equipped with hydraulic-over-hydraulic brake system.

(9) Turn signal indicator.

(10) Glow-plug indicator light, where appropriate.

(11) Tachometer required for rear engine applications.

b. Gauges shall be displayed as single-gauge installations or as gauges contained in a multifunction instrument panel. The multifunction instrument panel shall comply, as a minimum, with the following design criteria:

(1) The driver must be able to manually select any displayable function of the gauge on a multifunction gauge whenever desired.

(2) Whenever an out-of-limits condition occurs, which would be displayed on one or more functions of a multifunction gauge, the multifunction gauge controller should automatically display this condition on the instrument cluster. This should be in the form of an illuminated warning light as well as having the multifunction gauge automatically display the out-of-limits indications. Should two or more functions displayed on the multifunction gauge go out of limits simultaneously, the multifunction gauge should automatically sequence between those functions continuously until the condition(s) is corrected.

(3) The use of a multifunction gauge does not relieve the requirement of audible warning devices as required in this subrule.

c. All instruments shall be easily accessible for maintenance and repair.

d. Instruments and gauges shall be mounted on the instrument panel so each is clearly visible to the driver in a normal seated position in accordance with SBMTC School Bus Design Objectives, August 1996 edition.

e. The instrument panel shall have rheostatically controlled lamps of sufficient candlepower to illuminate all instruments, gauges, and the shift selector indicator for automatic transmission.

44.3(26) Oil filter. An oil filter with a replaceable element or cartridge shall be provided and shall be connected by flexible oil lines if it is not of built-in or engine-mounted design. The oil filter shall have oil capacity of at least one quart.

44.3(27) Openings. All openings in the floorboard or fire wall between the chassis and passenger compartment, such as for gearshift selector and parking brake lever, shall be sealed.

44.3(28) Passenger load.

a. Actual gross vehicle weight (GVW) is the sum of the chassis weight, plus the body weight, plus the driver's weight, plus the total seated pupil weight.

(1) For purposes of calculation, the driver's weight is 150 pounds.

(2) For purposes of calculation, the pupil weight is 120 pounds per pupil.

b. Actual gross vehicle weight (GVW) shall not exceed the chassis manufacturer's GVWR for the chassis, nor shall the actual weight carried on any axle exceed the chassis manufacturer's GVWR.

44.3(29) Power and gradeability. GVWR shall not exceed 185 pounds per published net horsepower of the engine at the manufacturer's recommended maximum number of revolutions per minute.

44.3(30) Shock absorbers. Buses shall be equipped with double-action shock absorbers compatible with manufacturer's rated axle capacity at each wheel location.

44.3(31) Springs.

a. The capacity of springs or suspension assemblies shall be commensurate with the chassis manufacturer's GVWR rating.

b. Steel leaf rear springs shall be a progressive rate or multistage design. Front leaf springs shall have a stationary eye at one end and shall be protected by a wrapped leaf in addition to the main leaf.

44.3(32) Steering gear.

a. The steering gear shall be approved by the chassis manufacturer and designed to ensure safe and accurate performance when the vehicle is operated with maximum load and at maximum speed.

b. If external adjustments are required, the steering mechanism shall be accessible.

c. No changes shall be made in the steering apparatus including addition of spinners or knobs which are not approved by the chassis manufacturer.

d. There shall be a clearance of at least two inches between the steering wheel and cowl, instrument panel, windshield, or any other surface.

e. Power steering is required and shall be of the integral type with integral valves.

f. The steering system shall be designed to provide a means for lubrication of all wear points, if wear points are not permanently lubricated.

g. Tilting and telescopic steering wheels are acceptable.

44.3(33) Sun shield. See subrule 44.4(45).

44.3(34) Throttle.

a. The force required to operate the throttle shall not exceed 16 pounds throughout the full range of accelerator pedal travel.

b. A driver-operated, mechanical or electronic variable-speed hand throttle, or a fast idle switch shall be provided on all Type C and D vehicles.

44.3(35) Tires and rims.

a. Tires and rims of the proper size and tires with a load rating commensurate with the chassis manufacturer's gross vehicle weight rating shall be provided.

b. Tires shall be of tubeless, steel-belted, radial (standard or low-profile) construction.

c. Multipiece rims are prohibited.

d. Dual tires shall be provided on Type A-I, Type B, Type C, Type D vehicles and on Type A-II school buses exceeding 80 inches in exterior body width.

e. All tires on a vehicle shall be of the same size, and the load range of the tires shall meet or exceed the GVWR as required by FMVSS 120.

f. Spare tires are not required; however, if specified, the spare tire shall be located outside the passenger compartment. The spare tire may not be attached to any part of the rear portion of the body including the emergency door, bumper or roof. If a tire carrier is required, it shall be suitably mounted in an accessible location outside the passenger compartment.

g. Recapped tires are permissible as replacements on equipment now in operation for use on rear wheels only, providing tires are guaranteed by the seller. Recapped tires are not permissible where single rear wheels are used.

h. Tires, when measured on any two or more adjacent tread grooves, shall have a tread groove pattern depth of at least 4/32 of an inch on the front wheels and 2/32 of an inch on the rear wheels. No measurement shall be made where tire bars, humps, or fillets are located. On Type A-I and Type A-II buses with single front and rear wheels, the tread groove pattern depth shall be at least 4/32 of an inch. Where specific measurement points are provided by the tire manufacturer, they shall be utilized in determining tires approved for service. This requirement also applies to buses now in service.

44.3(36) Tow hooks. See subrule 44.3(7).

44.3(37) Transmission.

a. Automatic transmissions shall provide for not less than three forward speeds and one reverse speed. The shift lever, if applicable, shall provide a detent between each gear position when the gear selector quadrant and shift lever are not steering column-mounted.

b. An electronic control or similar device shall be installed to ensure that the automatic transmission cannot accidentally be moved out of the neutral or park gear position.

c. On chassis equipped with an Allison automatic transmission, warranty service shall be provided for a minimum of five years, including 100 percent warranty coverage on all parts, labor and towing expense without consideration of vehicle mileage.

d. In manual transmissions, second gear and higher shall be synchronized except when incompatible with engine power. A minimum of three forward speeds and one reverse speed shall be provided.

44.3(38) Turning radius.

a. A chassis with a wheelbase of 264 inches or less shall have a right and left turning radius of not more than 421/2 feet, curb-to-curb measurement.

b. A chassis with a wheelbase of 265 inches or more shall have a right and left turning radius of not more than 441/2 feet, curb-to-curb measurement.

44.3(39) Undercoating. Chassis manufacturers or their agents shall coat the undersides of steel or metallic-constructed front fenders with a rustproofing compound for which compound manufacturers have issued notarized certification of compliance to the chassis builder that the compound meets or exceeds all performance and qualitative requirements of Paragraph 3.4 of Federal Specification TT-C-520B, using modified tests.

44.3(40) Windshield washer/wiper system.

a. On Type A-I vehicles, wet-arm-type windshield wipers and washer system shall be provided by the chassis manufacturer. On Type A-II vehicles, the windshield wiper/washer system shall be of the manufacturer's standards.

b. Windshield wipers shall be controlled by single-speed, two-speed or variable-speed electric motor(s) meeting federal requirements at the date of manufacture.

c. Wiper control(s) shall be located within easy reach of the driver and shall be designed to move the blades from the driver's direct view when the wiper control is in the "off" position.

d. Wiper blades and arms shall be heavy duty and of manufacturer's standard length for the vehicle.

44.3(41) Wiring.

a. All wiring shall conform to current, applicable SAE-recommended practices.

b. All wiring shall use a standard color or number coding system or a combination of color and number. Each chassis shall be delivered with a wiring diagram that illustrates the wiring of the chassis.

c. The chassis manufacturer shall install a readily accessible terminal strip or plug on the body side of the cowl, or in an accessible location in the engine compartment of vehicles designed without a cowl, that shall contain the following terminals for the body connections:

(1) Main 100-amp body circuit.

(2) Tail lamps.

(3) Right turn signal.

(4) Left turn signal.

(5) Stop lamps.

(6) Backup lamps.

(7) Instrument panel lights (rheostat controlled by headlamp switch).

d. Circuits.

(1) An appropriate identifying diagram (coded by color or number or both) for electrical circuits shall be provided to the body manufacturer for distribution to the end user.

(2) The headlight system must be wired separately from the body-controlled solenoid.

44.3(42) See also rule 281--44.9(285).

281--44.4(285) School bus body.

44.4(1) Aisle.

a. All emergency doors shall be accessible by a 12-inch minimum aisle. Aisles shall be unobstructed at all times by any type of barrier, seat, wheelchair or tiedown, unless a flip seat is installed and occupied. A flip seat in the unoccupied (up) position shall not obstruct the 12-inch minimum aisle to any side emergency door.

b. The seat backs shall be slanted sufficiently to give aisle clearance of 15 inches at the top of the seat backs.

44.4(2) Backup warning alarm. An automatic audible alarm shall be installed behind the rear axle and shall comply with the published Backup Alarm Standards (SAE 994), providing a minimum of 97 dBA for rubber-tired vehicles.

44.4(3) Battery compartment.

a. Battery(ies) shall be furnished by the chassis manufacturer unless the body manufacturer agrees to provide battery(ies).

b. Battery(ies) shall be mounted in the body skirt of the vehicle and shall be accessible for convenient servicing from outside the bus. When the battery is mounted as described in 281--44.3(285), the body manufacturer shall securely attach the battery(ies) on a slide-out or swing-out tray with a safety stop to prevent the battery(ies) from dropping to the ground at the outermost extremity of tray travel.

c. The battery compartment shall have minimum dimensions of 25 inches wide, 14 inches deep, and 10 inches high.

d. The battery compartment door or cover shall be hinged at the top, bottom or forward side of the door. When hinged at the top or forward side, a fastening device shall be provided which will secure the door in an open position. The door or cover over the compartment opening shall completely cover and, as completely as practical, seal the opening and shall be secured by an adequate and conveniently operated latch or other type fastener to prevent free leakage of the battery contents into the passenger compartment should the vehicle overturn.

e. The top surface area of the inside of the battery compartment (the area likely to come into contact with battery electrical terminals as the result of a blow to, and upward collapse of, the bottom of the battery box in the event of an accident or other event) shall be covered with a rubber matting or other impact-resistant nonconductive material. The matting shall be a minimum of 1/8-inch thick and cover the entire top inside surface of the battery box. The matting shall be securely installed to maintain its position at all times.

f. The word "BATTERY" in 2-inch black letters shall be placed on the door covering the battery opening.

44.4(4) Body sizes.

a. Type A vehicles may be purchased with manufacturer's standard seating capacities when the chassis is manufactured with right- and left-side rear dual tires.

b. Bodies for conventional body-on-chassis vehicles shall be limited to wheelbase minimums and maximums shown in the table for corresponding chassis. All measurements are in inches. Measurements in the table do not apply to forward control, transit or metropolitan vehicles and vehicles rated at 10,000 pounds GVWR or less.

Seat Rows	Manufacturer's Rated Capacity	Minimum Wheelbase
5	29-30	149
6	35-36	149
7	41-42	189
8	47-48	189
9	53-54	217
10	59-60	235
11	65-66	254
12	71-72	274
13	77-78	274

44.4(5) Front bumper.

a. On a Type D school bus, if the chassis manufacturer does not provide a bumper, it shall be provided by the body manufacturer. The bumper will conform to the standards of 281--44.3(285).

b. An optional energy-absorbing front bumper may be used, provided its design incorporates a self-restoringenergy-absorbing system of sufficient strength to:

(1) Push another vehicle of similar GVWR without permanent distortion to the bumper, chassis, or body; and

(2) Withstand repeated impacts without damage to the bumper, chassis, or body according to the following performance standards:

* 7.5 mph fixed-barrier impact (FMVSS cart and barrier test).

* 4.0 mph corner impact at 30 degrees (Part 581, CFR Title 49).

* 20.0 mph into parked passenger car (Type B, C, and D buses of 18,000 lbs. GVWR or more).

(3) The manufacturer of the energy-absorbing system shall provide evidence of conformance to the above standards from an approved test facility capable of performing the above FMVSS tests.

44.4(6) Rear bumper.

a. The rear bumper shall be pressed steel channel or equivalent material, at least 3/16-inch thick, and shall be a minimum of 8 inches wide (high) on Type A-II vehicles and a minimum of 91/2 inches wide (high) on Type A-I, B, C and D buses and shall be of sufficient strength to permit being pushed by another vehicle without permanent distortion. Type A-II vehicles with an overall body width of 80 inches or less may be equipped with the manufacturer's standard rear bumper.

b. The rear bumper shall be wrapped around the back corners of the bus. It shall extend forward at least 12 inches, measured from the rear-most point of the body at the floor line, and shall be flush-mounted to the body side or protected with an end panel.

c. The rear bumper shall be attached to the chassis frame in such a manner that it may be easily removed. It shall be so braced as to withstand impact from a rear or side impact. It shall be attached so as to discourage hitching of rides.

d. The bumper shall extend at least one inch beyond the rear-most part of body surface measured at the floor line.

e. Additions or alterations to the rear bumper, including the installation of trailer hitches, are prohibited.

f. An optional energy-absorbing rear bumper may be used, provided a self-restoring energy-absorbing bumper system attached to prevent the hitching of rides is of sufficient strength to:

(1) Permit pushing by another vehicle without permanent distortion to the bumper, chassis, or body.

(2) Withstand repeated impacts without damage to the bumper, chassis, or body according to the following FMVSS performance standards:

* 2.0 mph fixed barrier impact (FMVSS cart and barrier test).

* 4.0 mph corner impact at 30 degrees (Part 581, CFR Title 49).

* 5.0 mph center impact (Part 581, CFR Title 49).

(3) The manufacturer of the energy-absorbing system shall provide evidence of conformance to the above standards from an approved test facility capable of performing the above FMVSS test.

44.4(7) Certification. The body manufacturer shall, upon request, certify to the department of education, that the manufacturer's product(s) meets Iowa standards on items not covered by certification issued under requirements of the National Traffic and Motor Vehicle Safety Act.

44.4(8) Chains, tire. See subrules 44.4(54) and 44.8(11).

44.4(9) Color. See also subrule 44.3(10).

a. The school bus body shall be painted national school bus yellow. (See color standard, Appendix B, 1995 National Standards for School Transportation, available from Missouri Safety Center, Central Missouri State University, Humphreys Suite 201, Warrensburg, Missouri 64093.)

b. The body exterior trim shall be painted glossy black, including the rear bumper, exterior lettering, numbering, body trim, lamp hoods (if any), and emergency door arrow. As an alternative, the rear bumper may be covered with a black retroreflective material as described in subrule 44.4(33). When the bus number is placed on the front or rear bumper, the number shall be yellow.

c. As an option, the roof of the bus may be painted white extending down to within 6 inches above the drip rails on the sides of the body, except that front and rear roof caps shall remain yellow.

44.4(10) Construction.

a. Construction shall be of prime commercial quality steel or other metal or material with strength at least equivalent to all steel, as certified by the bus body manufacturer, except that the transition panels on exterior roof caps on all types of vehicles may be constructed of steel or composite material if:

(1) The manufacturer certifies the material to be durable under normal operating conditions.

(2) The assembly complies with the FMVSS joint-strength requirements.

(3) The assembly does not compromise the FMVSS roll-over requirements.

b. Construction shall be reasonably dustproof and watertight.

c. Body joints present in that portion of the Type A-II school bus body furnished exclusively by the body manufacturer shall conform to the performance requirements of FMVSS 221. This does not include the body joints created when body components are attached to components furnished by the chassis manufacturer.

44.4(11) Crossing control arms.

a. Type A-I, B, and C school buses shall be equipped with a crossing control arm mounted on the right side of the front bumper, which shall not open more than 90 degrees. This requirement does not apply to Type A-II or Type D vehicles having transit-style design features.

b. The crossing control arm shall incorporate a system of quick-disconnect connectors (electrical, vacuum, or air) at the crossing control arm base unit and shall be of sufficient length for connection to the control panel in the driver's compartment or shall be easily removed to allow for towing of the bus.

c. The crossing control arm shall meet or exceed SAE Standard J1133.

d. The crossing control arm shall be constructed of noncorrosive or nonferrous material or treated in accordance with the body sheet metal standard. See subrule 44.4(25).

e. There shall be no sharp edges or projections that could cause hazard or injury to students.

f. The crossing control arm shall extend 72 inches from the front bumper when in the extended position.

g. The crossing control arm shall extend simultaneously with the stop arm(s) by means of the stop arm controls.

h. The crossing control arm system shall be designed to operate in extreme weather conditions including freezing rain, snow and temperatures below 0 degrees Fahrenheit without malfunctioning. The crossing control arm itself shall be constructed of a material that will prevent the arm from prematurely extending or from failing to retract due to sustained wind or wind gusts of up to 40 miles per hour.

i. The chassis bumper mounting bracket must be designed for the specific model chassis on which it will be mounted to ensure that the unit mounts flush and operates properly.

j. A pressure-sensitive reverse switch, or slip clutch, or similar device in the base unit must be included to stop the cycle in the event the arm comes in contact with an object or person.

k. A single, cycle-interrupt switch with automatic reset shall be installed in the driver's compartment and shall be accessible to the driver from the driver's seat.

44.4(12) Defrosters.

a. Defrosting and defogging equipment shall direct a sufficient flow of heated air onto the windshield, the window to the left of the driver, and the glass in the viewing area directly to the right of the driver to eliminate frost, fog and snow.

b. The defrosting system shall conform to SAE Standards J381 and J382.

c. The defroster and defogging system shall be capable of furnishing heated outside ambient air; however, the part of the system furnishing additional air to the windshield, entrance door and step well may be of the recirculating air type.

d. Auxiliary fans are required; however, they are not considered defrosting or defogging systems. See also subrule 44.4(53).

e. Portable heaters shall not be used.

44.4(13) Doors and exits.

a. Service door.

(1) The service door shall be heavy-duty power or manually operated under the control of the driver and shall be designed to afford easy release and prevent accidental opening. When a hand lever is used, no parts shall come together to shear or crush fingers. Manual door controls shall not require more than 25 pounds of force to operate at any point throughout the range of operation. A power-operated door must provide for manual operation in case of power failure.

(2) The service door shall be located on the right side of the bus opposite the driver and within the driver's direct view.

(3) The service door shall have a minimum horizontal opening of 24 inches and a minimum vertical opening of 68 inches. Type A-II vehicles shall have a minimum opening of 1,200 square inches.

(4) The service door shall be of split, sedan, or jackknife type. (Split door includes any sectioned door which divides and opens inward or outward.) If one section of the split door opens inward and the other opens outward, the front section shall open outward.

(5) Lower as well as upper panels shall be of approved safety glass. The bottom of each lower glass panel shall not be more than 10 inches from the top surface of the bottom step. The top of each upper glass panel shall not be more than 3 inches from the top of the door. Type A vehicles shall have an upper panel (windows) of safety glass with an area of at least 350 square inches.

(6) The upper window panels of the service door shallbe of insulated double glass. This standard applies to allvehicles equipped with a service door as described in 44.4(13)"a."

(7) Vertical closing edges on split or folding entrance doors shall be equipped with flexible material to protect children's fingers. Type A-II vehicles may be equipped with the chassis manufacturer's standard entrance door.

(8) There shall be no door to the left of the driver on Type B, C or D vehicles. All Type A vehicles may be equipped with the chassis manufacturer's standard door.

(9) All doors shall be equipped with padding at the top edge of each door opening. Padding shall be at least 3 inches wide and 1 inch thick and shall extend horizontally the full width of the door opening.

(10) Door hinges (piano-type are acceptable) shall be securely bolted to the body. Metal screws are not acceptable.

(11) There shall be no grab handle installed on the exterior of the service door.

(12) A door-locking mechanism may be installed in accordance with subrule 44.4(52).

b. Emergency doors.

(1) Emergency door(s) and other emergency exits shall comply with the requirements of FMVSS 217 and any of the requirements of these rules that exceed FMVSS 217.

(2) The upper portion of the emergency door shall be equipped with approved safety glazing, the exposed area of which shall be at least 400 square inches. The lower portion of the rear emergency doors on Type A-I, B, C and D vehicles shall be equipped with a minimum of 350 square inches of approved safety glazing.

(3) There shall be no steps leading to an emergency door.

(4) The words "EMERGENCY DOOR," in letters at least 2 inches high, shall be placed at the top of or directly above the emergency door, or on the door in the metal panel above the top glass, both inside and outside the bus. Pressure-sensitive markings or vinyl material is acceptable for this lettering.

(5) The emergency door(s) shall be equipped with padding at the top edge of each door opening. Padding shall be at least 3 inches wide and 1 inch thick and shall extend the full width of the door opening.

(6) The side emergency door, if installed, must meet the requirements as set forth in FMVSS 217, regardless of its use with any other combination of emergency exits.

(7) There shall be no obstruction higher than 1/4 inch across the bottom of any emergency door opening.

(8) Vandal lock system may be installed in accordance with subrule 44.4(52).

c. Emergency exit requirements.

(1) An emergency exit may include either an emergency door or emergency exit-type windows. Where emergency exit-type windows are used, they shall be installed in pairs, one on each side of the bus. Type A, B, C, and D vehicles shall be equipped with a total number of emergency exits as follows for the indicated capacities of vehicles:

* 0 to 42 passenger = 1 emergency exit per side and 1 roof hatch.

* 43 to 78 passenger = 2 emergency exits per side and 2 roof hatches.

* 79 to 90 passenger = 3 emergency exits per side and 2 roof hatches.

These emergency exits are in addition to the rear emergency door or rear pushout window/side emergency door combination required by FMVSS 217. Additional emergency exits installed to meet the capacity-based requirements of FMVSS 217 may be included to comprise the total number of exits specified. All roof hatches shall have design features as specified in subrule 44.4(53).

(2) Side and rear emergency doors and each emergency window exit shall be equipped with an audible warning device.

(3) Roof hatches may be equipped with an audible warning device.

44.4(14) Driver's compartment.

a. The driver's seat supplied by the body company shall be a high-back suspension seat with a minimum seat back adjustment of 15 degrees, not requiring the use of tools, and with a head restraint to accommodate a 95th percentile adult male, as defined in FMVSS 208. The driver's seat shall be secured with nuts, bolts, and washers or flange-headed nuts.

b. The driver's seat positioning and range of adjustments shall be designed to accommodate comfortable actuation of the foot control pedals by 95 percent of the male and female adult population.

c. See also subrule 44.4(37).

d. A driver's document compartment or pouch shall be provided. The document compartment or pouch shall measure at least 17 inches by 12 inches by 4 inches. If a document pouch, rather than a covered compartment, is provided, it shall be located to the left side of the barrier behind the driver and shall be accessible to the driver from the seated position. It shall be constructed of a material of equal durability to that of the covering on the barrier and shall have a lid or cover with a latching device to hold the cover or lid closed.

44.4(15) Emergency equipment.

a. All emergency equipment including first-aid kit, fire extinguisher and triangular warning devices shall be located within the driver's compartment.

b. Whenever the emergency equipment is mounted within an enclosed compartment, the compartment shall be plainly labeled to indicate the location of equipment.

c. All emergency equipment shall be securely mounted so that in the event the bus is overturned, this equipment is held in place.

d. Fire extinguishers shall meet the following requirements:

(1) The bus shall be equipped with at least one five-pound capacity, UL-approved, pressurized dry chemical fire extinguisher complete with hose. The extinguisher shall be located in the driver's compartment readily accessible to the driver and passengers and shall be mounted in a heavy-duty automotive bracket so as to prevent accidental release in case of a crash or in the event the bus overturns.

(2) A calibrated or marked gauge shall be mounted on the extinguisher to indicate the amount of pressure in the extinguisher and shall be easily read without moving the extinguisher from its mounted position. Plastic discharge heads and related parts are not acceptable.

(3) The fire extinguisher shall have a total rating of 2A-10BC or greater. The operating mechanism shall be sealed with a type of seal which will not interfere with the use of the fire extinguisher.

(4) All fire extinguishers shall be inspected and maintained in accordance with the National Fire Protection Association.

(5) Each extinguisher shall have a tag or label securely attached that indicates the month and year the extinguisher received its last maintenance and the identity of the person performing the service.

e. First-aid kit.

(1) The bus shall have a removable moistureproof and dustproof first-aid kit in an accessible place in the driver's compartment. It shall be properly mounted and identified as a first-aid kit. The location for the first-aid kit shall be marked.

(2) A ten-unit first-aid kit is required in all vehicles used as school buses designed for nine or fewer passengers and shall include the following items:

1 1-inch adhesive compress.

1 2-inch bandage compress.

1 4-inch bandage compress.

1 3-inch _ 3-inch plain gauze pad.

1 gauze roller bandage (4-inch _ 5 yards).

1 plain absorbent gauze compress (2 piece, 18-inch _ 36-inch).

1 plain absorbent gauze compress (24-inch _ 72-inch).

2 triangular bandages.

1 wire splint (instant splints may be substituted).

(3) A first-aid kit containing the following items is required on all school buses of ten or more passenger capacity:

2 1-inch _ 21/2-yard adhesive tape rolls.

24 3-inch _ 3-inch sterile gauze pads.

100 3/4-inch _ 3-inch adhesive bandages.

12 2-inch bandage compresses.

12 3-inch bandage compresses.

2 2-inch _ 6-foot sterile gauze roller bandages.

2 40-inch _ 36-inch _ 54-inch nonsterile triangular bandages with two safety pins.

3 36-inch _ 36-inch sterile gauze pads.

3 sterile eye pads.

1 pair rounded-end scissors.

1 pair latex gloves.

1 mouth-to-mouth airway.

f. Body fluid cleanup kit. Each bus shall be equipped with a disposable, sealed body fluid cleanup kit in a disposable container which includes the following items:

(1) An EPA-registered liquid germicide (tuberculicidal) disinfectant;

(2) A fully disposable wiping cloth;

(3) A water-resistant spatula;

(4) Step-by-step directions;

(5) Absorbent material with odor counteractant;

(6) Two pairs of gloves (latex);

(7) One package towelettes;

(8) A discard bag (nonlabeled paper bag with a plastic liner and a twist tie). This bag shall be approximately 4 inches _ 6 inches _ 14 inches, and shall be of a nonsafety color (i.e., the bag shall not be red, orange, or yellow). The kit shall be mounted by a method that will retain it in place during normal school bus operation and shall be removable without the use of tools. The kit container shall be sealed with a breakable, non-reusable seal and must be accessible to the driver.

g. Triangular warning devices. Each school bus shall contain at least three reflectorized triangle road warning devices mounted in an accessible place. These devices must meet requirements in FMVSS 125.

h. Emergency equipment may be mounted in an enclosed compartment provided the compartment is labeled in not less than one-inch letters, stating the piece(s) of equipment contained therein.

44.4(16) Floor insulation and covering.

a. The floor structure of Type A-I, B, C and D school buses shall be covered with an insulating layer of either a 5-ply nominal 5/8-inch thick plywood, or a material of equal or greater strength and insulation R-value, having properties equal to or exceeding exterior-type softwood plywood, C-D grade as specified in standards issued by the United States Department of Commerce. All edges shall be sealed.

b. Type A-II buses may be equipped with nominal 1/2-inch-thick plywood meeting the above requirements.

c. The floor in the under-seat area, including tops of wheelhousing, driver's compartment and toeboard, shall be covered with rubber floor covering or the equivalent, having a minimum overall thickness of 0.125 inch. The floor covering of the driver's area on all Type A buses may be the manufacturer's standard flooring and floor covering.

d. The floor covering in aisles shall be of aisle-type rubber or equivalent and shall be wear-resistant and ribbed. Minimum overall thickness shall be 0.187 inch measured from tops of ribs.

e. Floor covering must be permanently bonded to the floor and must not crack when subjected to sudden changes in temperature. Bonding or adhesive material shall be waterproof and shall be of a type recommended by the manufacturer of the floor-covering material. All seams must be sealed with waterproof sealer.

f. On Type A-I, B, C and D buses, access to the fuel tank sending unit shall be provided. Any access opening in the body shall be capable of being sealed with a screw-down plate from within the body.

g. Cove molding shall be used along the sidewalls and rear corners. All joints or seams in the floor covering shall be covered with nonferrous metal stripping or stripping constructed of material exhibiting equal durability and sealing qualities.

44.4(17) Fuel fill opening and cover. Where an opening in the school bus body skirt is needed for access to the fuel fill cap, the opening shall be large enough to permit filling the fuel tank without the need for special fuel nozzle adapters, a funnel, or other device. The opening shall be equipped with a forward hinged cover held closed by a spring or other conveniently operated device.

44.4(18) Heaters.

a. Each heater shall be hot-water or combustion type.

b. If only one heater is used, it shall be a fresh-air or combination fresh-air and recirculation type.

c. If more than one heater is used, additional heaters may be recirculating air type.

d. Front heaters are required based on the following vehicle types:

(1) Type A vehicles shall be equipped with front heaters of manufacturer's standard design.

(2) Type B and C vehicles shall be equipped with one left front heater of fresh air or combination fresh air and recirculating type and one right front heater of recirculating type.

(3) Type D vehicles shall be equipped with right and left front heaters having a combined rating of at least 90,000 BTUs.

e. At least one heater, or a combination of heaters with a combined rating of 80,000 BTUs, shall be of the recirculating type and shall be located rear of the wheel well.

f. The heating system shall be capable of maintaining bus interior temperatures as specified in SAE test procedure J2233.

g. Auxiliary fuel-fired heating systems are permitted, provided they comply with the following:

(1) The auxiliary heating system shall utilize the same type of fuel as specified for the vehicle engine.

(2) Heater(s) may be direct hot air or connected to the engine's coolant system.

(3) An auxiliary heating system, when connected to the engine's coolant system, may be used to preheat the engine coolant or preheat and add supplementary heat to the bus's heating system.

(4) Auxiliary heating systems must be installed pursuant to the manufacturer's recommendations and shall not direct exhaust in a manner that will endanger bus passengers.

(5) Auxiliary heating systems which operate on diesel fuel shall be capable of operating on #1, #2 or blended diesel fuel without the need for system adjustment.

(6) The auxiliary heating system shall be low voltage.

(7) Auxiliary heating systems shall comply with all applicable federal motor vehicle safety standards including FMVSS 301 as well as SAE test procedures.

h. All heaters installed by body manufacturers shall bear a nameplate that indicates the heater rating in accordance with the School Bus Manufacturers Technical Committee's, "SBMTC-001 Procedure for Testing and Rating Automotive Bus Hot Water Heating and Ventilating Equipment, July 1996," National Association of State Directors of Pupil Transportation Services, 116 Howe Drive, Dover, Delaware 19901. The plate shall be affixed by the heater manufacturer and shall constitute certification that the heater performance is as shown on the plate.

i. Heater hoses shall be adequately supported to guard against excessive wear due to vibration. The hoses shall not dangle or rub against the chassis or any sharp edges and shall not interfere with or restrict the operation of any engine function. Heater hoses shall conform to SAE Standard J20c. Heater lines on the interior of the bus shall be shielded to prevent scalding of the driver or passengers.

j. Each hot water system installed by a body manufacturer shall include one shut-off valve in the pressure line and one shut-off valve in the return line with both valves at the engine in an accessible location, except that on all Type A and B buses, the valves may be installed in another accessible location.

k. There shall be a water flow regulating valve installed in the pressure line for convenient operation by the driver while seated.

l. All combustion heaters shall be in compliance with federal motor carrier safety regulations.

m. Accessible bleeder valves shall be installed in an appropriate place in the return lines of body company-installed heaters to remove air from the heater lines.

n. Access panels shall be provided to make heater motors, cores, and fans readily accessible for service. An outside access panel may be provided for the driver's heater.

44.4(19) Hinges. All exposed metal door hinges subject to corrosion shall be designed to allow lubrication. All door hinges shall be securely bolted to the bus body. Metal screws are not acceptable.

44.4(20) Identification.

a. The body shall bear the words "SCHOOL BUS" in black letters at least eight inches high on both front and rear of the body or on attached signs. The lettering shall be placed as high as possible without impairment of its visibility. The lettering shall conform to Series B of Standard Alphabets of Highway Signs. "SCHOOL BUS" lettering shall have a reflective background or, as an option, may be illuminated by backlighting.

b. The bus, whether school-owned or privately owned, shall have displayed at the beltline on each side of the vehicle the official name of the school in black standard unshaded letters at least five inches, but not more than seven inches high.

Examples:

(1) Blank community school district.

(2) Blank independent school district.

(3) Blank consolidated school district.

If there is insufficient space due to the length of the name of the school district, the words community, independent, consolidated, and district may be abbreviated. If, after these abbreviations, there is still insufficient space available, the words community school district may be replaced by the uppercase letters CSD upon prior approval by the school transportation consultant of the Iowa department of education.

c. The incorporated names of cities located within an officially reorganized school district may be placed on either side of the bus in a single line situated not more than six inches beneath the official school district name on the beltline of the bus. The lettering shall not exceed two inches in height and shall be black. This paragraph shall apply only when the names of the cities are not included in the official school district name on the beltline.

d. The words "RATED CAPACITY," along with the appropriate number indicating the rated pupil seating capacity of the bus, shall be printed to the left of the entrance door, at least six inches below the name of the school district and on the bulkhead of the bus above the right windshield. The letters shall be black and at least two inches in height. The word "CAPACITY" may be abbreviated and shown as "CAP." where necessary.

e. The number of the bus shall be printed in not less than 5-inch or more than 8-inch black letters, except as otherwise noted in this subrule and shall be displayed on both sides, the front and the rear of the bus. The location of the bus number is at the discretion of the vehicle owner except that the number:

(1) Shall be located to the rear of the service door not more than 36 inches from the ground on the right side of the bus and at the same respective position on the left side of the bus.

(2) Shall be yellow if located on either the front or rear bumper.

(3) May be placed on the roof of the bus at a position representing the approximate lateral and longitudinal midpoint of the bus. The bus number shall be black and shall measure not less than 10 inches in height.

(4) Shall not be located on the same line as the name of the school district on either side of the bus, on the emergency door, or in a location that will interfere with the words "SCHOOL BUS."

f. Buses privately owned by individuals or a company shall also bear the name of the owner, followed by the word "OWNER" in not more than 11/2-inch characters printed approximately six inches below the bus capacity on the right side of the bus.

g. Symbols, characters or letters, for the purpose of vehicle or route identification by students, may be displayed in the lower, split-sash, glass portion of the third passenger window from the front on the service entrance side of the bus. Such symbols, characters or lettering, if used, shall not exceed 36 square inches. This requirement applies to all school buses regardless of date of purchase.

h. Symbols identifying the bus as equipped for or transporting students with special needs may be displayed. See subrule 44.5(7).

i. The words "STOP WHEN YELLOW OR RED LIGHTS FLASH" shall be displayed on the rear emergency door of the bus between the upper and lower window glass sections. The letters shall be black and not less than six inches in height. If there is not sufficient space on the emergency door, letter size may be reduced upon approval of the department of education.

j. Pressure-sensitive markings of vinyl material may be used for the above lettering in lieu of painting.

k. Any lettering, including the name of the school's athletic team(s), numbers, drawings, bumper stickers or characters other than the bus manufacturer's registered trademarks or those specifically noted in paragraphs "a" through "j" above are prohibited.

44.4(21) Inside height. Inside body height shall be 72 inches or more, measured metal to metal, at any point on the longitudinal centerline from the front vertical bow to the rear vertical bow. Inside body height of Type A-II buses shall be 62 inches or more.

44.4(22) Insulation.

a. Thermal insulation in the ceiling and walls shall be fire-resistant, UL-approved, and approximately 11/2-inch thick with a minimum R-value of 5.5. Insulation shall be installed to prevent sagging.

b. Where channel-type roof bows are used, they shall be insulated in accordance with 44.4(22)"a."

44.4(23) Interior.

a. The interior of the bus shall be free of all unnecessary projections, including luggage racks and attendant handrails, to minimize the potential for injury. This standard requires inner lining on ceilings and walls. If the ceiling is constructed to contain lapped joints, the forward panel shall be lapped by the rear panel and exposed edges shall be beaded, hemmed, flanged, or otherwise treated to minimize sharp edges. Buses may be equipped with a storage compartment for tools, tire chains, and tow chains. See also subrule 44.4(44).

b. Radio speakers are permitted in the passenger compartment area only. No radio speaker, other than that which is necessary for use with two-way communication equipment, shall be located within the driver's compartment area. All radio speakers shall be flush-mounted with the roof or side panels and shall be free of sharp edges which could cause injury to a child.

c. The driver's area forward of the foremost padded barriers shall permit the mounting of required safety equipment and vehicle operation equipment.

d. Every school bus shall be constructed so that the noise level taken at the ear of the occupant nearest to the primary vehicle noise source shall not exceed 85 dBA when tested according to the procedure found in Appendix B, National Standards for School Buses and School Bus Operations, 1995 Revised Edition, Missouri Safety Center, Central Missouri State University, Humphreys Suite 201, Warrensburg, Missouri 64093.

e. An access panel must be provided, front and rear, so lights and wiring for the 8-light warning system may be repaired or serviced without removing ceiling panels.

f. Ceiling material designed to reduce noise within the driver compartment or passenger compartment may be installed by the manufacturer.

44.4(24) Lamps and signals.

a. All lamps and lamp components shall meet or exceed applicable standards established by the Society of Automotive Engineers (SAE) and the American Association of Motor Vehicle Administrators (AAMVA).

b. Clearance lamps. The body shall be equipped with two amber lamps at the front and two red clearance lamps at the rear mounted at the highest and widest portion of the body.

c. Identification lamps. The bus shall be equipped with three amber identification lamps on the front and three red identification lamps on the rear. Each group shall be evenly spaced not less than 6 or more than 12 inches apart along a horizontal line near the top of the vehicle.

d. Intermediate side marker lamps. On all buses over 30 feet long, one amber side lamp is required on each side, located midway between the front and rear clearance lamps.

e. Stop/tail (brake) lamps. Buses shall be equipped with four combination, red, stop/tail lamps meeting SAE specifications. Each lamp shall have double filament lamp bulbs that are connected to the headlamp and brake-operated stop lamp circuits. These should be positioned as follows:

(1) Two combination lamps with a minimum diameter of 7 inches or, if a shape other than round, a minimum of 38 square inches of illuminated area shall be mounted on the rear of the bus just to the inside of the turn signal lamps.

(2) Two combination lamps with a minimum diameter of 4 inches or, if a shape other than round, a minimum 12 square inches of illuminated area shall be placed on the rear of the body between the beltline and the floor line. The rear license plate lamp may be combined with one lower tail lamp. Stop lamps shall be activated by the service brakes and shall emit a steady light when illuminated. Type A-II buses with bodies supplied by the chassis manufacturer may have the manufacturer's standard stop and tail lamps.

f. Items described in paragraphs "b," "c," "d," and "e" shall be connected to the headlamp switch.

g. Backup lamps. The bus body shall be equipped with two white rear backup lamps. Type A vehicles shall be equipped with lamps of least 4 inches in diameter or, if a shape other than round, a minimum of 13 square inches of illuminated area. Type B, C and D vehicles shall be equipped with lamps of at least 7-inch diameter or of equal surface area if a shape other than round. All lamps shall have a white or clear lens and shall meet SAE specifications. If backup lamps are placed on the same line as the brake lamps and turn signal lamps, they shall be to the inside.

h. Interior lamps. Interior lamps shall be provided which adequately illuminate the interior aisle and the step well. Step well lights shall be illuminated by a service door-operated switch, to illuminate only when headlights and clearance lights are on and the service door is open. In addition, the following interior lamps shall be provided:

(1) Supervisor's light. The rearmost ceiling light or a separate light may be used as a supervisor's light and shall be activated by a separate switch controlled by the driver.

(2) Driver's area dome light. This light shall have a separate switch controlled by the driver and shall illuminate the driver's compartment area.

(3) Body instrument panel lights shall be controlled by an independent rheostat switch.

(4) On buses equipped with a monitor for the front and rear lamps of the school bus, the monitor shall be mounted in full view of the driver. If the full circuit current passes through the monitor, each circuit shall be protected by a fuse or circuit breaker against any short circuit or intermittent shorts.

i. License plate lamp. The bus shall be equipped with a rear license plate illuminator. This lamp may be combined with one of the tail lamps.

j. Reflectors. Reflectors shall be securely attached to the body with sheet metal screws or other method having equivalent securement properties and installed in accordance with the requirements of FMVSS 108; however, the vehicle shall, as a minimum, be equipped with the following:

(1) Two amber reflectors, one on each side at the lower front and corner of the body approximately at floor level and back of the door on the right side, and at a similar location on the left side. For all buses over 30 feet long, an additional amber reflector is required on each side at or near the midpoint between the front and rear side reflectors.

(2) Four red reflectors, one at each side at or near the rear and two on the rear, one at each side.

(3) Reflectors are to be mounted at a height not more than 42 inches or less than 30 inches above the ground on which the vehicle stands.

k. Warning signal lamps.

(1) Buses shall be equipped with two red lamps at the rear of the vehicle and two red lamps at the front of the vehicle.

(2) In addition to the four red lamps described above, four amber lamps shall be installed so that one amber lamp is located near each red signal lamp, at the same level, but closer to the vertical centerline of the bus. The system of red and amber signal lamps shall be wired so that amber lamps are energized manually and the red lamps are automatically energized, with amber lamps being automatically de-energized, when the stop signal arm is extended or when the bus service door is opened. An amber pilot light and a red pilot light shall be installed adjacent to the driver controls for the flashing signal lamp to indicate to the driver which lamp system is activated.

(3) The area around the lens of each alternately flashing signal lamp and extending outward approximately 3 inches shall be black. In installations where there is no flat vertical portion of body immediately surrounding the entire lens of the lamp, there shall be a circular or square band of black approximately 3 inches wide, immediately below and to both sides of the lens, on the body or roof area against which the signal lamp is seen from a distance of 500 feet along axis of the vehicle. Black visors or hoods with a minimum depth of 4 inches may be provided.

(4) Red lamps shall flash at any time the stop signal arm is extended.

(5) All flashers for alternately flashing red and amber signal lamps shall be enclosed in the body in a readily accessible location.

(6) Strobe lights are permissible.

l. Turn signal lamps.

(1) The bus body shall be equipped with amber rear turn signal lamps that meet SAE specifications and are at least 7 inches in diameter or, if a shape other than round, a minimum 38 square inches of illuminated area. These signal lamps must be connected to the chassis hazard warning switch to cause simultaneous flashing of turning signal lamps when needed as a vehicular traffic hazard warning. Turn signal lamps are to be placed as far apart as practical and their centerline shall be approximately 8 inches below the rear window. Type A-II conversion vehicle lamps must be at least 21 square inches in lens area and in the manufacturer's standard color.

(2) Buses shall be equipped with amber side-mounted turn signal lights. The turn signal lamp on the left side shall be mounted rearward of the stop signal arm and the turn signal lamp on the right side shall be mounted rearward of the service door.

m. A white flashing strobe light rated for outdoor use and weather-sealed shall be installed on the roof of the bus not less than one foot or more than ten feet from the rear center of the bus. The strobe light shall be located to the rear of the rearmost emergency roof hatch to prevent the roof hatch from diminishing the effectiveness of the strobe light. In addition:

(1) The strobe light shall have a single clear lens emitting light 360 degrees around its vertical axis and may not extend above the roof more than the maximum legal height.

(2) The strobe light must be controlled by a separate switch with an indicator light which when lit will indicate that the strobe light is turned on.

(3) The strobe light shall not be wired through the ignition switch.

(4) The light shall be used only in fog, rain, snow, or at times when visibility is restricted.

(5) Each model strobe shall be approved by the motor vehicle division, Iowa department of transportation.

44.4(25) Metal treatment.

a. All metal used in construction of the bus body shall be zinc-coated or aluminum-coated or be treated by an equivalent process before the bus is constructed. Included are such items as structural members, inside and outside panels, door panels and floor sills. Excluded are such items as door handles, grab handles, interior decorative parts and other interior plated parts.

b. All metal parts that will be painted shall be, in addition to above requirements, chemically cleaned, etched, zinc-phosphate coated and zinc-chromate or epoxy primed or conditioned by an equivalent process.

c. In providing for these requirements, particular attention shall be given lapped surfaces, welded connections of structural members, cut edges, punched or drilled hole areas in sheet metal, closed or box sections, unvented or undrained areas, and surfaces subjected to abrasion during vehicle operation.

d. As evidence that the above requirements have been met, samples of materials and sections used in construction of the bus body subjected to a 1,000-hour salt spray test as provided for in the latest revision of ASTM Standard B-117 shall not lose more than 10 percent of material by weight.

44.4(26) Mirrors.

a. Interior mirror shall be either clear view laminated glass or clear view glass bonded to a backing that retains the glass in the event of breakage. The mirror shall have rounded corners and protected edges. All Type A buses shall have a minimum of a 6-inch _ 16-inch mirror; and Type B, C, and D buses shall have a minimum of a 6-inch _ 30-inch mirror.

b. Each school bus shall be equipped with exterior mirrors meeting the requirements of FMVSS 111. Mirrors shall be easily adjustable, but shall be rigidly braced so as to reduce vibration.

c. Heated right- and left-side rearview mirrors shall be provided.

d. Systems offering a design feature permitting the driver to remotely adjust mirrors from the driver's compartment may be utilized.

44.4(27) Mounting.

a. The chassis frame shall support the rear body cross member. Except where chassis components interfere, the bus body shall be attached to the chassis frame at each main floor sill in such manner as to prevent shifting or separation of the body from the chassis under severe operating conditions.

b. Insulation material shall be placed at all contact points between the body and chassis frame on Type A-I, B, C, and D buses and shall be so attached to the chassis frame or body that it will not move under severe operating conditions.

c. The body front shall be attached and sealed to the chassis cowl to prevent entry of water, dust, and fumes through the joint between the chassis cowl and body.

d. The refurbishing or reconditioning of a body-on-chassis school bus is restricted to the repair and replacement of school bus body or chassis components. The original body and chassis, as certified by the original equipment manufacturers, shall be retained as a unit upon completion of repairs. It is not permissible to exchange or interchange school bus bodies and chassis. The refurbisher or reconditioner shall certify that the vehicle meets all state and federal construction standards in effect as of the date of manufacture and shall provide suitable warranty on all work performed. See also subrule 44.7(1).

44.4(28) Mud flaps.

a. Mud flaps or guards are required and shall be provided and installed by the body manufacturer or manufacturer's representative for both front and rear wheels.

b. Front mud flaps or guards shall be of adequate size to protect body areas vulnerable to road debris from wheels and shall be mounted so as to be free of wheel movement at all times.

c. Rear mud flaps or guards shall be comparable in size to the width of the rear wheelhousing and shall reach within approximately nine inches of the ground when the bus is empty. They shall be mounted at a distance from the wheels that will permit free access to spring hangers for lubrication and maintenance and to prevent their being pulled off while the vehicle is in reverse motion or damaged by tire chains.

44.4(29) Overall length. Overall length of the bus shall not exceed the maximum allowed by the Iowa department of transportation.

44.4(30) Overall width. Overall width of the bus shall not exceed the maximum allowed by the Iowa department of transportation.

44.4(31) Passenger securement. See subrule 44.5(9).

44.4(32) Public address system. A public address system permitting interior and exterior communication with passengers may be installed. See subrule 44.8(9).

44.4(33) Radio system. In the interest of safety for the children transported and the effective management of the school transportation program, a two-way radio communication system is highly recommended.

44.4(34) Retroreflective material.

a. Retroreflective material shall be provided in accordance with the following:

(1) The rear of the bus body shall be marked with strips of reflective NSBY material to outline the perimeter of the back of the bus using material which conforms with the requirements of FMVSS 571.131 Table 1. The perimeter marking of rear emergency exits in accordance with FMVSS 217 and the use of reflective "SCHOOL BUS" signs partially accomplish the objective of this requirement. To complete the perimeter marking of the back of the bus, strips of at least 13/4-inch reflective NSBY material shall be applied horizontally above the rear windows and above the rear bumper, extending from the rear emergency exit perimeter marking outward to the left and right rear corners of the bus; and vertical strips shall be applied at the corners connecting these horizontal strips.

(2) "SCHOOL BUS" signs, if not of lighted design, shall be marked with reflective NSBY material comprising background for lettering of the front and rear "SCHOOL BUS" signs.

(3) Sides of the bus body shall be marked with reflective NSBY material at least 13/4-inch in width, extending the length of the bus body and located within six inches above or below the floor line or on the beltline.

b. Front and rear bumpers may be marked diagonally 45 degrees down to centerline of pavement with 2-inch +/- 1/4-inch wide strips of noncontrasting reflective material. This material shall appear black during daylight hours; however, it will be seen as a reflective material during periods of reduced light conditions when a direct light source strikes the material.

44.4(35) Rub rails.

a. One rub rail located on each side of the bus approximately at seat level shall extend from the rear side of the entrance door completely around the bus body (except for emergency door or any maintenance access door) to the point of curvature near the outside cowl on the left side.

b. One rub rail located approximately at floor line shall cover the same longitudinal area as the upper rub rail, except at wheelhousings and shall extend only to radii of the right and left rear corners.

c. Both rub rails shall be attached at each body post and all other upright structural members.

d. Both rub rails shall be four inches or more in width in their finished form, shall be of 16-gauge steel or suitable material of equivalent strength, and shall be constructed in corrugated or ribbed fashion.

e. Both rub rails shall be applied outside body or outside body posts. Pressed-in or snap-on rub rails do not satisfy this requirement. For Type A-II vehicles using the chassis manufacturer's body, or for Type A-I, B, C and D buses using rear luggage or rear engine compartment, rub rails need not extend around rear corners.

f. There shall be a rub rail or equivalent bracing located horizontally at the bottom edge of the body side skirts.

44.4(36) Driver's seat.

a. Type A school buses shall be equipped with a driver's seat of manufacturer's standard design meeting federal motor vehicle safety standards.

b. All Type B, C, and D school buses shall have a driver's seat equipped with a one-piece high back designed to minimize the potential for head and neck injuries in rear impacts, providing minimum obstruction to the driver's view of passengers, and meeting applicable requirements of Federal Motor Vehicle Safety Standard 222. The height of the seat back shall be sufficient to provide the specified protection for up to a 95th percentile adult male, as defined in FMVSS 208. The driver contact area of the cushion and seat back shall be made of soil- and wear-resistant cloth material, nylon or equivalent. The remainder of the seat may be of a different material. The seat shall be centered behind the steering wheel with a backrest a minimum distance of 11 inches behind the steering wheel. The seat shall be securely mounted to the floor of the bus with Grade 5 or better bolts and shall be secured with locking nuts or lock washers and nuts.

c. All air brake-equipped school buses shall be equipped with an air suspension driver's seat meeting the following additional requirements:

(1) The air control for height adjustment shall be within easy reach of the driver in the seated position.

(2) The seat cushion shall be a minimum of 191/2 inches wide, shall be fully contoured for maximum comfort, and shall have a minimum of four adjustment positions to allow changes in seat bottom angle.

(3) The backrest shall include adjustable lumbar support.

(4) The seat shall have a minimum of 7 inches of forward and rearward travel, adjustable with the driver in the seated position. This requirement applies to the seat mechanism. Reduction of this requirement to no less than 4 inches due to barrier placement on 89-passenger capacity buses will be acceptable.

(5) The seat shall have a minimum of 4 inches of up and down travel.

(6) Seat back shall include adjustability of tilt angle.

(7) All adjustments shall be by fingertip controls without the use of tools.

(8) The seat shall comply with all applicable federal motor vehicle safety standards.

44.4(37) Driver's seat belt/shoulder harness system. Buses shall be equipped with a Type 2 lap belt/shoulder harness seat belt assembly for the driver. The design shall incorporate a fixed female push-button type latch on the right side at seat level, and a male locking bar tongue on the left retracting side. The assembly shall be equipped with a single, dual-sensitive emergency locking retractor (ELR) for the lap and shoulder belt. This system shall be designed to minimize "cinching down" on air sprung and standard seats. The lap portion of the belt shall be anchored or guided at the seat frame by a metal loop or other such device attached to the right side of the seat to prevent the driver from sliding sideways out of the seat. There shall be a minimum of 7 inches of adjustment of the "D" loop of the driver's shoulder harness. Shoulder belt tension shall be no greater than is necessary to provide reliable retraction of the belt and removal of excess slack. The seat belt assembly and anchorage shall meet applicable federal motor vehicle safety standards.

44.4(38) Seats and crash barriers.

a. All seats, component parts, and seat anchorage shall comply with applicable federal requirements as of the date of their manufacture.

b. All seats shall have a minimum depth of 15 inches.

c. In determining the rated seating capacity of the bus, allowable average rump width shall be:

(1) Thirteen inches where a three-three seating plan is used.

(2) Fifteen inches where a three-two seating plan is used.

d. The following knee room requirements shall apply to all school bus bodies:

(1) Knee room shall meet the requirements of FMVSS 222 and shall be measured, on Type A-I, B, C and D school buses, at the center of the transverse line of the seat and at seat cushion height. The distance from the front of a seat back (cushion) to the back surface of the cushion on the preceding seat shall be not less than 24 inches. The seat upholstery may be placed against the seat cushion padding, but without compressing the padding, before the measurement is taken.

(2) On Type A-II school buses, seat spacing shall be the manufacturer's standard spacing.

e. All seats shall be forward-facing with seat frames attached to the seat rail with two bolts, washers and nuts or flange-headed nuts. Each seat leg shall be secured to the floor by a minimum of two bolts, washers, and nuts. Flange-head nuts may be used in lieu of nuts and washers, or seats may be track-mounted in conformance with FMVSS 222. This information shall be on a label permanently affixed to the bus.

f. Jump seats or portable seats are prohibited; however, use of a flip seat at any side emergency door location in conformance with FMVSS 222, including required aisle width to side door, is acceptable. Any flip seat shall be free of sharp projections on the underside of the seat bottom. The underside of the flip-up seat bottoms shall be padded or contoured to reduce the possibility of snagged clothing or injury during use. Flip seats shall be constructed to prevent passenger limbs from becoming entrapped between the seat back and the seat cushion when in an upright position. The seat cushion shall be designed to rise to a vertical position automatically when not occupied.

g. Seats, seat back cushions, and restraining barriers shall be covered with a material having 42-ounce finished weight, 54-inch width, and finished vinyl coating of 1.06 broken twill or other material with equal tensile strength, tear strength, seam strength, adhesion strength, and resistance to abrasion, cold and flex separation.

h. All fabric seams shall be chain- or lock-stitch sewn with two threads, each equal to or exceeding the tensile strength of "F"-rated nylon thread.

i. Crash barriers shall be installed conforming to FMVSS 222; however, all Type A-II school bus bodies shall be equipped with padded crash barriers, one located immediately to the rear of the driver's seat and one at the service door entrance immediately to the rear of the step well.

44.4(39) Passenger seating securement system.

a. Type A-II vehicles shall conform to all federal motor vehicle safety standards at date of manufacture.

b. Unless otherwise required by federal motor vehicle safety standards, school bus seats may be equipped with seat belt systems for passengers with disabilities in accordance with 281--Chapter 41 when it is determined by the child's individual education program staffing team that special seating and positioning are necessary during transportation. When the staffing team determines that a seat belt system is necessary to safely transport a student with a disability, the need shall be documented in the student's individual education plan (IEP).

c. When a child securement system is required in 44.4(39)"b," the seat, including seat frame, seat cushion, belt attachment points, belts and hardware shall comply with all applicable federal motor vehicle safety standards at the time of manufacture. When it is determined that the securement system is no longer necessary to provide seating assistance to a child with a disability, the securement system shall be removed from the seat frame.

44.4(40) Steps.

a. The first step at the service door shall be not less than 10 inches and not more than 14 inches from the ground when measured from the top surface of the step to the ground, based on standard chassis specifications, except that on Type D vehicles, the first step at the service door shall be 11 inches to 16 inches from the ground. A step well guard/skid plate shall be installed by the manufacturer on all Type D vehicles.

b. Step risers shall not exceed a height of 10 inches. When plywood is used on a steel floor or step, the riser height may be increased by the thickness of the plywood.

c. Steps shall be enclosed to prevent accumulation of ice and snow.

d. Steps shall not protrude beyond the side body line.

e. A suitable device(s) shall be installed within the service entrance door area to assist passengers during entry or egress from the bus. The device(s) shall be so designed to prevent injury or fatality to passengers from being dragged by the bus after becoming entangled in the device(s).

44.4(41) Step treads.

a. All steps, including floor line platform area, shall be covered with 3/16-inch rubber floor covering or other materials equal in wear and abrasion resistance to top-grade rubber.

b. Metal back of tread, minimum 24-gauge cold roll steel, shall be permanently bonded to ribbed rubber. Grooved design shall be such that grooves run at a 90-degree angle to the long dimension of the step tread.

c. Three-sixteenth-inch ribbed step tread shall have a 11/2-inch white nosing as an integral piece without any joint.

d. The rubber portion of step treads shall have the following characteristics:

(1) Special compounding for good abrasion resistance and high coefficient of friction.

(2) Flexibility so it can be bent around a 1/2-inch mandrel at both 130 degrees Fahrenheit and 20 degrees Fahrenheit without breaking, cracking, or crazing.

(3) Durometer hardness of 85 to 95.

e. A three-inch white rubber step edge at floor level, flush with the floor covering, shall be provided.

44.4(42) Stirrup steps.

a. Unless the windshield and lamps are not easily accessible from the ground, there may be at least one folding stirrup step or recessed foothold and suitably located handles on each side of the front of the body for easy accessibility for cleaning. Handles on the service door are prohibited.

b. Steps or cutouts are permitted in the front bumper only, in lieu of the stirrup steps, if the windshield and lamps are easily accessible for cleaning from that position.

44.4(43) Stop signal arm.

a. The stop signal arm shall be a flat 18-inch octagon exclusive of brackets for mounting. All lamps and lamp components shall comply with the requirements of FMVSS 131.

b. Both surfaces of the sign shall be covered with reflectorized material having a reflective capability equal to or exceeding that of 3M Corporation high-intensity sheeting.

c. The application of the reflective sheeting material shall be in accordance with the sheeting manufacturer's suggested application process. All copy shall be sharply defined and clean cut.

d. The stop arm blade shall be mounted in the area below the driver's window on the left side of the bus.

e. Each stop arm blade shall be automatically extended upon activation of the red warning signal lamp system and remain extended until the red signal lamps are deactivated. In addition, each stop arm blade shall be equipped with two double-faced, four-inch, alternately flashing red lights. The use of strobe lamps in the stop arm blade is acceptable.

f. A wind guard shall be installed which prevents air currents from circulating behind the blade.

g. The stop arm shall be vacuum-, electric-, or air-operated; and the system must positively hold the sign in extended or retracted position to prevent whipping in the wind.

h. If the air for an air-operated stop arm comes from the regular air brake system, the body manufacturer shall provide the necessary check valve and pressure reduction valve to safeguard the air supply for brake application.

44.4(44) Storage compartments.

a. An enclosed space shall be provided in the driver's compartment for storing manuals and bus driver records.

b. A storage container for tools, tire chains, and tow chains may be located either inside or outside the passenger compartment; but, if inside, it shall have a cover (seat cushion may not serve this purpose) capable of being securely latched and fastened to the floor, convenient to either the service or emergency door.

c. A metal container of adequate strength and capacity for storage of tire chains and tow chains, may be located either inside or outside the passenger compartment; but, if inside, it shall have a cover (seat cushion may not serve this purpose) capable of being securely latched and fastened to the floor. The container shall be conveniently located and accessible to either the service or emergency door.

44.4(45) Sun shield.

a. For Type B, C, and D vehicles, an interior adjustable transparent sun shield not less than 6 inches by 30 inches with a finished edge shall be installed in a position convenient for use by driver.

b. On all Type A buses the sun shield shall be the manufacturer's standard.

44.4(46) Tailpipe.

a. The tailpipe shall not extend beyond the rear bumper nor beyond body skirt of the body on the left side of the bus. See also subrule 44.3(16).

b. The tailpipe shall exit to the right or curb side of the emergency exit door in the rear of vehicle. Tailpipe shall not exit beneath any fuel filler location or beneath any emergency door. Tailpipe on Type A and B buses may be the manufacturer's standard.

44.4(47) Front tow hooks. The body manufacturer or dealer representative shall adequately secure two front tow hooks to the front end of the frame rails. Tow hooks shall not project beyond the front bumper.

44.4(48) Rear tow hooks. Two rear tow hooks are required on all school buses. Rear tow hooks shall be attached to the chassis frame and located under the rear bumper so the hook portion is under the body.

44.4(49) Trash container and holding device.

a. When a trash container is placed on the school bus, it shall comply with the following:

(1) Be of UL-classified, fire-resistant polyethylene or equivalent material.

(2) Be no greater than 14-quart capacity.

(3) Be secured by a holding device that is designed to prevent movement and to allow easy removal and replacement.

b. The container shall be placed in an accessible location in the driver's compartment of the school bus subject to department of education approval. The container shall not obstruct the aisle of the bus or passenger use of the service entrance door.

44.4(50) Undercoating.

a. The entire underside of the bus body, including floor sections, cross member and below floor line side panels, shall be coated with rustproofing compound for which the compound manufacturer has issued notarized certification of compliance to the bus body builder that the compound meets or exceeds all performance and qualitative requirements of paragraph 3.4 of Federal Specification TT-C-520b using modified test procedures* for the following requirements:

(1) Salt spray resistance--pass test modified to 5 percent salt and 1000 hours.

(2) Abrasion resistance--pass.

(3) Fire resistance--pass.

*Test panels to be prepared in accordance with paragraph 4.6.12 of TT-C-520b with modified procedure requiring that test be made on a 48-hour air cured film at thickness recommended by compound manufacturer.

b. Undercoating compound shall be applied with suitable airless or conventional spray equipment to recommended film thickness and shall show no evidence of voids in cured film.

44.4(51) Vacuum check valve. A vacuum check valve shall be provided and installed on the chassis by the school bus body manufacturer for connecting vacuum accessory items.

44.4(52) Vandal lock.

a. The school bus shall be equipped with a vandal locking system for securing the service entrance and emergency door(s).

b. The vandal locking system shall include the following design features:

(1) The entrance door is to be locked by an exterior key with a dead bolt, a remote control (cable) device or an electric device. The system must prevent the door from being accidentally locked by any motion the bus may encounter during its normal operation.

(2) When the bus is equipped with a rear-mounted engine, the emergency door and rear emergency exit window are to be locked by an interior slide bolt which shall activate a buzzer when the door or emergency exit window is locked and the ignition of the bus is turned on. The locking mechanism must be capable of being locked or unlocked without the use of a separate key or other similar device.

(3) The engine starting system of the bus shall not operate if the rear or side emergency door or rear emergency exit window over the rear engine compartment is locked from either the inside or outside of the bus.

(4) Hasp-type devices may not be attached to the bus for the purpose of securing any door or window.

44.4(53) Ventilation.

a. The body ventilation system on Type A, B, C andD buses shall include one or more combination roofventilation/emergency escape hatches in accordance with 44.4(13)"b." The ventilation system shall be capable of being controlled and shall have sufficient capacity to maintain a proper quantity of air under operating conditions without the opening of windows except in extremely warm weather.

b. Each combination roof ventilation/emergency escape hatch shall be installed by the school bus body manufacturer or the body manufacturer's approved representative and shall have the following design and installation features:

(1) Multiposition fresh air ventilation.

(2) Static-type nonclosable exhaust ventilation.

(3) Release handle(s) permitting operation as an emergency exit(s), accessible inside and outside the vehicle.

(4) An audible warning system which sounds an alarm in the driver's compartment area when the emergency roof hatch is unlatched may be installed as a design feature by the manufacturer.

(5) When more than one ventilation/emergency roof hatch is required, one shall be installed forward of the intersection of the horizontal and longitudinal midpoints of the bus in a low-pressure area of the roof. The second unit shall be installed on the roof in a location behind the rear axle. When only one ventilation/emergency roof hatch is required, it shall be installed in a low-pressure area of the roof at or near the longitudinal midpoint of the bus.

c. Auxiliary fans shall be installed and shall meet the following requirements:

(1) Two adjustable fans shall be installed on Type A-II, B, C and D buses. Fans for left and right sides shall be placed in a location where they can be adjusted for maximum effectiveness and do not obstruct vision to any mirror.

(2) Fans shall be a nominal 6-inch diameter except where noted below.

(3) Fan blades shall be covered with a protective cage. Each fan shall be controlled by a separate switch capable of two-speed operation.

(4) Type A-I buses shall have at least one fan having a nominal diameter of at least 4 inches meeting the above requirements.

44.4(54) Wheelhousings.

a. The wheelhousing opening shall allow for easy tire removal and service.

b. The wheelhousing shall be attached to the floor sheets in such a manner as to prevent any dust, water or fumes from entering the body. Wheelhousings shall be constructed of at least 16-gauge steel.

c. The inside height of the wheelhousing above the floor line shall not exceed 12 inches.

d. The wheelhousing shall provide clearance for installation and use of tire chains on single and dual (if so equipped) power-driving wheels.

e. No part of a raised wheelhousing shall extend into the emergency door opening.

44.4(55) Windshield and windows.

a. All glass in windshield, windows, and doors shall be of approved safety glass consistent with American National Standard, Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways, Z-26.1, mounted so the permanent mark is visible, and of sufficient quality to prevent distortion of view in any direction.

b. Glass in windshields may be heat-absorbing and may contain a shaded band across the top. Location of "fade out" shall be above the upper limit for maximum visibility.

c. Each full side window, other than emergency exits designated to comply with FMVSS 217, shall be split-sash type and shall provide an unobstructed emergency opening of at least 9 inches but not more than 13 inches high and 22 inches wide, obtained by lowering the window. When the driver's window consists of two sections, both sections shall be capable of being moved or opened. All exposed edges of glass shall be banded.

d. Insulated double glass is required in both sections of the left-side driver's window and in the upper glass portion(s) of the service entrance door.

e. Window glass forward of the service door and in the driver's direct line of sight for observing exterior rearview mirrors and traffic shall be of insulated double glass. The door glass in Type A-II vehicles equipped with a manufacturer's standard van-type, right-side service door may be of the manufacturer's standard design.

f. The school bus body manufacturer may design and install a protective device over the inside, lower window glass of a rear emergency door to protect it from being damaged or broken during normal operation. The protective device shall be securely mounted by the manufacturer, shall be free of projections which might harm passengers, and shall permit visibility through the device to the area outside and to the rear of the bus.

44.4(56) Windshield washers. Buses shall be equipped with electric wet-arm windshield washers which conform to the body manufacturer's recommendation as to type and size for the bus on which they are to be used. The windshield washer system on Type A vehicles may be of the manufacturer's standard design.

44.4(57) Windshield wipers.

a. For Type A vehicles, windshield wipers shall be supplied by the chassis manufacturer and shall be of the manufacturer's standard design.

b. Type B, C and D buses shall be equipped with two positive-action, two-speed or variable-speed electric or air windshield wipers. Windshield wipers shall have an intermittent wiping feature.

c. The wipers shall be operated by one or more air or electric motors of sufficient power to operate wipers. If one motor is used, the wipers shall work in tandem to give a full sweep of the windshield.

d. All wiper controls shall be located within easy reach of the driver and shall be designed to move the blades from the driver's view when the wiper control is in the "off" position.

44.4(58) Wiring.

a. All wiring shall conform to current SAE standards.

b. Circuits:

(1) Wiring shall be arranged in circuits, as required, with each circuit protected by a fuse or circuit breaker. All wiring shall use a standard color or number coding system or a combination of color and number coding. Each chassis shall be delivered with a wiring diagram that illustrates the wiring of the chassis.

(2) A master wiring diagram shall be supplied for each vehicle provided by the body manufacturer. Chassis wiring diagrams, including any changes to wiring made by the body manufacturer, shall also be supplied to the end user.

(3) The following body interconnecting circuits shall be color-coded as noted:

FUNCTION COLOR

Left Rear Directional Light Yellow

Right Rear Directional Light Dark Green

Stoplights Red

Backup Lights Blue

Taillights Brown

Ground White

Ignition Feed, Primary Feed Black

The color of cables shall correspond to SAE J 1128.

c. Wiring shall be arranged in at least six regular circuits as follows:

(1) Head, tail, stop (brake) and instrument panel lamps.

(2) Clearance and step well lamps which shall be actuated when the service door is opened.

(3) Dome lamp.

(4) Ignition and emergency door signal.

(5) Turn signal lamps.

(6) Alternately flashing signal lamps.

d. Any of the above combination circuits may be subdivided into additional independent circuits.

e. Whenever heaters and defrosters are used, at least one additional circuit shall be installed.

f. Whenever possible, all other electrical functions, such as sanders and electric-type windshield wipers, shall be provided with independent and properly protected circuits.

g. Each body circuit shall be coded by number or letter on a diagram of circuits which shall be attached to the body in a readily accessible location.

h. The entire electrical system of the body shall be designed for the same voltage as the chassis on which the body is mounted.

i. All wiring shall have an amperage capacity exceeding the design load by at least 25 percent. All wiring splices are to be made at an accessible location and noted as splices on wiring diagram.

j. A body wiring diagram, of a size which can be easily read, shall be furnished with each bus body or affixed in an area convenient to the electrical accessory control panel.

k. The body power wire shall be attached to a special terminal on the chassis.

l. All wires passing through metal openings shall be protected by a grommet.

m. Wires not enclosed within the body shall be fastened securely at intervals of not more than 18 inches. All joints shall be soldered or joined by equally effective connectors, which shall be water-resistant and corrosion-resistant.

281--44.5(285) Construction of vehicles and equipment used in the transport of children with special transportation needs.

44.5(1) General requirements.

a. This rule shall apply to vehicles constructed and equipped for the transportation of children with disabilities requiring special devices or equipment to assist them in boarding and exiting the school bus as well as for their seating comfort and securement during transport.

b. Vehicles purchased under this rule shall meet all federal motor vehicle safety standards relating to school bus construction and Iowa school bus construction requirements as described in rules 281--44.1(285) to 281--44.4(285). In all cases where there is a conflict between a federal motor vehicle safety standard and these rules, the federal motor vehicle safety standard shall take precedence.

c. Modification of the interior seating system of a school bus that has been manufactured and installed under 281-- 44.3(285) and 281--44.4(285) may be performed by the owner of the school bus only when the purpose for such modification is to accommodate the transportation of one or more disabled passengers or populations of passengers requiring special seating or securement systems. All modifications shall be accomplished in accordance with these rules.

d. The reduction of standard seating capacity in any school bus for the purpose of accommodating the transportation of students with disabilities seated in special mobility devices, shall not be considered in determining the vehicle's school bus classification as defined in 281--44.2(285). The classification of Type A, B, C or D vehicles shall be determined based on the standard seating configuration of the school bus body prior to any seating modification, and the vehicle shall meet or exceed all Iowa and federal standards relating to that classification. See also 44.5(8).

44.5(2) Aisles.

a. Aisles leading from all wheelchair/mobility aid position(s) to special service (lift) door and front service entrance door shall be 30 inches in width.

b. Aisles leading to at least one side or rear emergency exit from the rearmost wheelchair/mobility aid placement(s) shall at all times be at least 20 inches in width.

44.5(3) Barriers and protective coverings.

a. Barriers shall comply with and be installed according to federal motor vehicle safety standards as of the date of manufacture.

b. A heavy-duty padded barrier, or padded stanchion with aluminized modesty panel, shall be provided immediately to the rear of the step well opening extending from the sidewall of the bus approximately to the aisle. The modesty panel shall extend to within not more than 6 inches of the floor and shall prevent a person or object from falling into the step well opening from floor level and obstructing operation of the service entrance door.

c. A padded barrier shall be located immediately rearward of the lift if wheelchair spaces or regular seating is located rearward of the lift on the same side of the bus.

d. A padded barrier or padded stanchion shall be placed directly behind the driver on all vehicle types.

e. A padded crash barrier or seat shall be located in front of any wheelchair position unless it is contiguous with and behind another wheelchair position.

f. The power lift mechanism shall be padded and adequately protected to avoid injury to the power lift operator or students due to pinching movements, shear areas or places where clothing or other objects could be caught or damaged when the power lift is in operation. This includes the outermost stationary frame structure of the power lift which shall be padded with high-density, fabric-covered foam or other energy-absorbing material down to within three inches of the floor.

g. In the event that an elevator (body floor section serving as lift platform) lift is used, both forward and rear side of the platform shall be protected with heavy-duty padded barriers extending from the wall of the body toward the aisle. A covered chain shall be fastened to the rear barrier adjacent to the lift platform, shall extend across the platform opening, and shall attach with hook and eye to the forward barrier adjacent to the lift platform.

44.5(4) Communication system. All school buses which are used to transport students with disabilities shall be equipped with a two-way, electronic voice communication system which can be used at any point along the vehicle's route to obtain emergency assistance when necessary.

44.5(5) Glazing, tinted. Tinted glazing may be installed in accordance with subrule 44.8(10).

44.5(6) Heaters. School buses equipped with a power lift may have one or more additional heater(s) installed in the rear portion of the bus on or behind the wheel wells to compensate for heat loss occurring during periods when the special power lift door is opened.

44.5(7) Identification. School buses equipped with a wheelchair lift and used to transport passengers with disabilities may display the universal handicapped symbol located on the front and rear of the vehicle below the window line. Emblems shall be white on blue, shall not exceed 12 square inches in size, and may be reflectorized.

44.5(8) Passenger capacity rating. In determining the rated passenger capacity of a school bus for purposes other than actual passenger load (i.e., vehicle classification orbilling/reimbursement models), any location in a school bus intended for securement of an occupied wheelchair/mobility aid during vehicle operations may be regarded as four designated seating positions. Similarly, each lift area may be regarded as four designated seating positions. See also subrule 44.4(20).

44.5(9) Passenger securement, school bus seat.

a. Type A-II vehicles shall conform to all federal motor vehicle safety standards at the date of manufacture.

b. Passenger securement systems may be purchased and installed for the purpose of securing school bus passengers who, because of their disability or because of their diminished size or weight, would in other modes of transportation be required to be secured in a child, infant, or booster seat.

c. When a seat belt system is used for the purposes stated in 44.5(9)"b," a specially designed seat including the seat frame, cushions and seat belt system shall be installed which conforms to Federal Motor Vehicle Safety Standard 222, including attachment points on the seat frame. When it is determined that the securement system is no longer necessary to provide seating assistance to a child with a disability, the securement system shall be removed from the seat frame.

d. Children transported in child safety seats shall be secured to the school bus seat according to the child safety seat manufacturer's instructions.

44.5(10) Power lift.

a. The power lift shall be located on the right side of the bus body and forward of the rear wheels. The lift shall in no way be attached to the exterior sides of the bus, but should be confined within the perimeter of the school bus body when not extended. Lift placement shall be located far enough away from the regular service entrance door so that when the lift door is fully opened it will not obstruct the conventional service entrance.

b. The wheelchair lift shall have a lift capacity of 800 pounds uniform load.

c. The power supply shall be a 12-volt electric hydraulic system operating two single-acting cylinders. The hydraulic power pack system shall be of modular design allowing for easy removal and field replacement if necessary. The operation of the hydraulic cylinders may be of either pull-type or push-type design and shall provide a smooth lifting operation and synchronous movement. The pivot pins in the trunnion (knuckle) of the pivot arms shall be of stationary design.

d. A master cutoff switch, which can be used to prevent current flow to the lift controls, shall be located in the driver's compartment.

e. A circuit breaker or fuse shall be installed between the power source and the lift motor if electrical power is used.

f. The power lift shall be designed so the lift will not deploy unless the special service door(s) is opened.

g. The lift shall provide for flow-controlled gravity-down of the lift platform during both normal and system failure modes.

h. When hydraulic pressure is used in the lifting process, the system shall be equipped with adjustable limit switches or bypass valves to prevent excessive pressure from building in the hydraulic system when the platform reaches the full up position or full down position.

44.5(11) Power lift controls.

a. Lift controls that are portable and conveniently located on the inside of the bus near the top of the special lift door opening to enable the operator to activate the lift mechanism from either inside or outside the bus shall be provided.

b. The controls shall be interlocked with the vehicle brakes, transmission, or door, or shall provide other appropriate mechanisms or systems to ensure the vehicle cannot be moved when the lift is not stowed, and the lift cannot be deployed unless the interlocks or systems are engaged.

c. The lift shall deploy to all levels (i.e., ground, curb, and intermediate positions) normally encountered in the operating environment. Each control for deploying, lowering, raising, and stowing the lift and lowering the roll-off barrier shall be of a momentary-contact type requiring continuous manual pressure by the operator and shall not allow improper lift sequencing when the lift platform is occupied.

d. The controls shall allow reversal of the lift operation sequence, such as raising or lowering a platform that is part-way down, without allowing an occupied platform to fold or retract into the stowed position.

e. A single arm-mounted cam lever shall activate the controls used to regulate platform movement. The switch box for lift operation shall be of a one-hand operation design and shall be constructed of durable ABS plastic or material of equal durability and service life. Color-coded rocker switches permanently stamped with the appropriate function legends are required. Control cable shall be of commercial quick-connect type for ease of in-field replacement if necessary.

f. A manual backup system shall be provided to ensure operation of the lift in case of an electrical failure. The backup system shall provide a reliable means of manually raising and lowering the lift while it is occupied. The backup system shall fold and unfold the platform. The backup pump shall be integrated with the hydraulic power pack system so that no hydraulic lines or fittings are required for fluidic transfer.

g. A power lift which is designed to deploy with its long dimension parallel to the vehicle axis, and which pivots into or out of the vehicle while occupied (i.e., rotary lift), and the lift platform is designed to be stowed on the inside of the bus while occupied is acceptable.

44.5(12) Power lift door and door opening requirements.

a. The lift opening shall be of such dimensions to accommodate the power lift mechanism, platform and controls as specified in these rules.

b. The door entrance shall have a clear, finished door opening height of at least 56 inches. Door posts, headers and floor sections around the lift opening shall be reinforced to provide strength and support equivalent to adjacent sidewall and floor construction of an unaltered mode.

c. A drip molding shall be installed above the opening so as to effectively direct spill water from the entrance.

d. All doors shall be weather-sealed and so constructed that a flange on the forward door overlaps the edge of rear post or door when closed. Design shall provide a positive means of holding door(s) in an open position during lift operation. Friction-type catches are not acceptable. A hinge-mounted pin or other device which would place extra leverage on the door hinge point(s) is not acceptable.

e. A single door may be used to enclose a clear door opening of no more than 43 inches in width. Two doors must be provided when the door opening is greater than 43 inches.

f. When manually operated dual doors are provided, the rear door shall have at least a one-point fastening arrangement to the header. The forward mounted door shall have at least three-point fastening devices; one shall be to the header, one shall be to the floor line of the body, and the other shall be into the rear door. These locking devices shall afford maximum safety when the doors are in the closed position. When a single door is used, the locking device shall meet the requirements for the emergency door lock. Door hinge(s) shall be adequately heavy duty to prevent sagging of the door over the useful life of the bus.

g. The lift door shall open outwardly, be forward hinged and shall not, when fully opened, obstruct the service entrance of the bus.

h. Lift doors shall be constructed of materials having strength equivalent to the conventional service and emergency entrance doors. Color, rub rail extensions, lettering, and other exterior features shall match adjacent sections of the body.

i. Each door shall have a glass window set in rubber compatible with and set to the lower line of adjacent window sash.

44.5(13) Power lift platform requirements.

a. Lift platforms shall meet the requirement of the Americans with Disabilities Act (ADA) of 1990 as found in 49 Code of Federal Regulations, Part 38.

b. The platform shall be constructed of material having sufficient structural strength to permit compliance with the performance requirements of these rules; and when maintained in accordance with the manufacturer's recommended procedures, the lift structure shall have a useful life equal to the useful life of the vehicle on which it is used.

c. The platform shall have a minimum clear width of 30 inches at the platform and continuing to a height of 30 inches above the platform surface. There shall be clear length of 48 inches measured from 2 inches above the platform surface to 30 inches above the platform surface.

d. The lift platform shall have dual handrails located not less than 30 inches above the platform. The handrails shall be not less than 1.25 inches in diameter and no less than8 inches in length. An occupant restraint system shall be incorporated between the dual handrails to provide totalpassenger/wheelchair security. The restraint belt shall be electrically interlocked to prevent lift movement if not latched.

e. When the lift platform is at the floor loading and unloading position, there shall be no gap between the vehicle floor and the lift platform. A bridge plate or similar device shall be provided to eliminate this gap.

f. The platform surface shall be constructed of material which has sufficient structural strength and provides for visibility through the lift platform when the lift platform is in its stowed position. The lift platform surface shall be slip-resistant. No metal screws are to be used in fabrication of platform assembly.

g. The lift platform, not including the entrance ramp, shall not deflect more than 3 degrees (exclusive of vehicle roll or pitch) in any direction between its unloaded position and its position when loaded with 600 pounds applied through a 26-inch by 26-inch test pallet at the centroid of the platform.

h. No part of the lift platform shall move at a rate exceeding 6 inches per second during the raise or lower mode and shall not exceed 12 inches per second during the deploy or stow mode. In the event of a single failure of any load-carrying component, the lift platform shall not deploy, fall, or fold faster than 12 inches per second.

i. The maximum platform horizontal and vertical acceleration when occupied shall be 0.3 g.

j. When the platform is in the fully up position, it shall be locked in position mechanically by means other than a support or lug in the door.

44.5(14) Power lift platform barriers.

a. Platform barriers shall be provided to prevent any of the wheels of a wheelchair or mobility aid from rolling off the platform during its operation. A movable barrier or inherent design feature shall prevent a wheelchair or mobility aid from rolling off the edge closest to the vehicle until the platform is in its fully raised position.

b. Each side of the platform that extends beyond the vehicle in its raised position shall be equipped with a barrier at least 4 inches high. No barriers shall interfere with maneuvering into or out of the aisle.

c. The loading-edge barrier (outer barrier), which functions as a loading ramp when the lift is at ground level, shall be sufficient when raised or closed, or a supplementary system shall be provided, to prevent a power wheelchair or mobility aid from riding over or defeating it. The outer barrier of the lift shall automatically raise or close, or a supplementary system shall automatically raise or close or engage and remain raised, closed, or engaged at all times that the platform is more than 3 inches above the roadway or sidewalk when the platform is occupied. Alternatively, a barrier or system may be raised, lowered, opened, closed, engaged, or disengaged by the lift operator, provided an interlock or inherent design feature prevents the lift from rising unless the barrier is raised or closed or the supplementary system is engaged.

44.5(15) Ramps. Ramps are not permitted for the purpose of boarding and exiting students from the school bus. The manufacturer may install emergency exit ramp system(s) if the ramp is capable of being stored outside the passenger compartment and used only for the purpose of egress from the bus in an emergency and during the conduct of emergency evacuation drills.

44.5(16) Seats and seating configuration.

a. All seats and seating positions, including wheelchair/mobility aid devices, shall be oriented in a forward-facing position within the school bus.

b. The alteration of a school bus seating configuration by the vehicle's owner, including the removal or installation of school bus seat(s), is permissible when the seating modification is performed according to the school bus manufacturer's original seating and seat spacing specifications and the seating system remains in compliance with federal motor vehicle safety standards and these rules.

c. All equipment used in the alteration of any school bus seating system must equal or exceed the design and construction specifications provided by the original equipment manufacturer.

d. The school bus body manufacturer shall affix to the interior of the bus body, and within the driver's compartment area, a printed guide containing seat spacing diagrams, measurements and instructions relating to the placement or replacement of seats and barriers inside the school bus by the vehicle's owner. The guide shall be permanently secured to the interior of the bus and shall be made of such material as to be durable over time.

e. Where alteration of the interior of a school bus results in returning the seating configuration to that of conventional passenger seating, including the removal of all wheelchair securement systems, the following shall apply:

(1) The power lift shall be removed from the vehicle.

(2) The special service door at the lift position shall be made inoperable and secured by first closing and latching the door mechanism, removing the door handles on both the inside and outside of the bus, sealing the handle-hole in the door and replacing the exterior rub rail(s) across the lift door at the same height as those existing on the exterior of the bus.

44.5(17) Securement of support equipment and accessories.

a. A school bus equipped to accommodate wheelchair/mobility aids or other assistive devices which utilize belts to secure the occupant or mobility device shall be equipped with at least one belt cutter properly secured in a location within the reach of the driver while belted into the driver's seat. The belt cutter shall be durable and designed to eliminate the possibility of the operator or others being cut during its use.

b. Special equipment such as crutches, walkers, canes and other ambulating devices and health support supplies or other equipment, including oxygen bottles, intravenous and fluid drainage apparatus and ventilators, shall meet all applicable state or federal standards including proper identification and shall be secured during transport. Securement shall prevent these devices from being thrown about the inside of the bus should the bus be involved in an accident.

c. Oxygen bottles transported on a school bus shall be no larger than 22 cubic feet for liquid oxygen and 38 cubic feet for compressed gas.

d. Portable equipment and supplies shall be secured at the mounting location to withstand a pulling force of five times the weight of the item or shall be retained in an enclosed, latched compartment. The compartment shall be capable of withstanding five times the weight of its contents without failure to the box's integrity and securement to the bus. Where securement instructions are provided by the manufacturer of the equipment or supplies, the manufacturer's securement instructions shall prevail.

44.5(18) Securement of wheelchair/mobility devices.

a. The wheelchair/mobility aid securement and occupant restraint system shall be designed, installed and operated to accommodate passengers in a forward-facing orientation within the bus and shall allow maximum flexibility in front-to-rear positioning of different numbers and sizes of passenger-carrying devices. The system shall comply with all applicable federal motor vehicle safety standards (FMVSS) including FMVSS 222. Gurney-type devices shall be secured parallel to the side of each bus.

b. The securement and restraint system, including the system track, floor plates, pockets, or other anchorages, shall be provided by the same manufacturer or be certified to be compatible by manufacturers of all equipment/systems used.

c. Each designated wheelchair space, for the purpose of determining seating plans and required space allowances, shall be a minimum of 50 inches longitudinally by 30 inches laterally.

d. No stanchions or other obstructing devices may be installed on or above the floor in the wheelchair areas.

e. No sheet metal screws or lag bolts shall be used in the wheelchair/mobility aid occupant securement system or body attachment points.

f. Straps used to secure the occupant and the wheelchair/mobility aid shall be of contrasting colors to easily distinguish their separate functions.

g. Wheelchair/mobility aid securement system requirements.

(1) The securement system shall have four-point tiedowns, incorporating four flexible, adjustable straps.

(2) The four straps shall each be equipped with over-center locking adjusters and shall be interchangeable.

(3) Each strap shall be equipped with a positive spring-lock type end fitting on the floor end and a snap-ring plus captivated D-ring on the chair end so that the strap can be looped around the chair frame without metal-to-metal contact.

(4) The system shall have multiple floor-mounted attachment points (longitudinally) to the bus body or to attachment hardware for wheelchair securement straps. Attachment points are to be spaced at increments not to exceed four inches, center-to-center. Attachment point hardware shall be equivalent to Kinedyne Series A vertical track. To meet this requirement, four parallel sections of track shall be longitudinally mounted to the bus floor. The sections shall be located at approximately 4 inches, 13 inches, 24 inches and 33 inches, respectively, from the body sidewalls, measured perpendicularly from the body interior sidewall to the center of each track. Each track section shall be one continuous piece the length of the wheelchair position. Any exposed track segment end, if not flush with the floor or against the body rear interior wall, shall be fitted with protective, beveled end caps or other means of reducing the tripping hazard. Series L (button track) may be used in conjunction with the track seating options in lieu of Series A.

(5) The securement system for the wheelchair shall be designed to meet the strength requirements specified in FMVSS 207 and additionally, if occupant restraints are to be attached to wheelchair securement straps, the requirements for seat belt anchorage strength specified in FMVSS 210.

h. Occupant securement system requirements forwheelchair/mobility aid.

(1) The occupant securement system shall consist of a single-strap upper torso restraint integrated in a Type 2, three-point design with a lap belt assembly.

(2) The lap belt shall be secured directly or indirectly to the body floor or body attachment points independent of the wheelchair structure. If the lap belt is not secured directly to the floor, it shall be attached to rear chair tiedowns which are secured to the floor.

(3) The system shall be equipped with a single-point, push-button quick-disconnect for the lap belt sections and the lower end of the upper torso strap.

(4) The lap belt (if attached directly to the floor) and upper end of the shoulder strap shall have multiple attachment points (longitudinally) to the bus body or attachment hardware. Attachment points are to be spaced at increments not to exceed four inches center-to-center. Attachment point hardware for the lap belt, if applicable, shall be equivalent toKinedyne Series A vertical track. Attachment point hardware for the shoulder strap shall be equivalent to Kinedyne Series L track (button track).

(5) Body attachment hardware on occupant straps shall incorporate positive spring lock-type end-fittings or other means of providing positive securement and quick attachment or release.

(6) The upper torso belt and each portion of the lap belt shall be adjustable and shall accommodate the size range of occupants specified in FMVSS 209.

(7) The occupant securement system shall be designed to meet the requirements of FMVSS 209 and 210.

(8) Any reinforcement of body header area necessary to meet the above anchorage requirements for the occupant securement shoulder strap shall be provided the entire length of the passenger area on both sides of the bus to facilitate ret-rofitting of occupant securement systems by schools when needed.

44.5(19) Step, auxiliary. An auxiliary entrance step system of fold-out, slide-out or other design may be mounted to the lower step well platform so that it provides one or more additional step(s) when deployed to assist persons that have difficulty using the standard entry steps. When deployed, this step shall be no less than 6 inches from the ground when measured on a flat, level surface. This step shall be capable of being stored when not in use and shall not impede or in any way block the normal entrance of passengers when in the stored position. The step system shall, inasmuch as practical, be designed to prevent dragging or being damaged during normal operation over varying roadway surfaces and surface conditions.

44.5(20) Special light.

a. Doorways in which lifts are installed shall have, when the lift is to be used, at least 2 foot-candles of illumination measured on the floor of the bus immediately adjacent to the lift and on the lift when deployed at the vehicle floor level.

b. The light shall be activated by an on-off switch located in the special lift door area.

281--44.6(285) Family-type or multipurpose passenger vehicles.

44.6(1) General information. These vehicles may be used as a school bus in accordance with the following general requirements:

a. The vehicle shall be an original equipment manufacturer's (OEM) product and manufactured as a family-type or multipurpose passenger vehicle(MPV).

b. The manufacturer's rated capacity of this vehicle, which shall be determined only by the original equipment manufacturer (OEM) on the date of manufacture, shall not exceed nine persons including the driver. The capacity rating may not be changed or modified except by the original equipment manufacturer. Secondary stage or vehicle conversion manufacturers shall not establish vehicle capacity.

c. Alteration of this vehicle, following manufacture by the OEM, is prohibited. This includes, but is not limited to, the addition or removal of seats, ramps, wheelchair securement devices and power lifts.

EXCEPTION: OEM options or other manufacturer's accessories not in violation of these standards may be installed.

d. The vehicle shall not carry more passengers than there are seat belts as installed by the manufacturer.

e. The vehicle shall not be painted the color known as national school bus glossy yellow.

f. The vehicle shall not be equipped with a stop arm or flashing warning signal lamps.

g. This vehicle must load and unload students off the traveled portion of the roadway.

44.6(2) Special equipment.

a. Interior liner. An interior liner that covers all exposed ceiling girders, sidewall posts, or other structural projections must be provided and installed by the manufacturer.

b. The vehicle, while transporting students to and from school, shall display a sign, visible to the rear, with the words "SCHOOL BUS." The sign shall be painted national school bus glossy yellow with black letters 6 inches high. The sign shall be of a type that can be removed, dismounted, or covered when the vehicle is not transporting pupils to and from school.

c. A sign with the words "THIS VEHICLE STOPS AT ALL RAILROAD CROSSINGS," visible to the rear, may be used where appropriate and not in conflict with current statutes. If used, the words shall be painted in black letters on a yellow background. The sign shall be of a type that can be dismounted, turned down, or covered when the vehicle is not transporting pupils to and from school.

d. Special brake lamps. The vehicle may be equipped with two roof-mounted lights not greater than 4 inches in diameter and positioned horizontally on the roof at least 36 inches apart. The lights shall be connected to the brake lamp circuit of the vehicle's electrical system and shall operate only when the brakes are applied. When lit, the lamps shall be red and shall be visible only to the rear.

e. First-aid kit. The vehicle shall carry a ten-unit first-aid kit. See 44.4(15)"e"(2).

f. Fire extinguisher. The vehicle shall carry a dry chemical fire extinguisher of at least 21/2-pound capacity with a rating of 2A-10BC. The extinguisher shall be equipped with a calibrated or marked gauge. Plastic discharge heads and related parts are not acceptable.

44.6(3) Applicability of standards. The above standards apply to all new vehicles of this type and those currently in service used to transport students to and from school.

281--44.7(285) Repair, replacement of school bus body and chassis components following original equipment manufacture.

44.7(1) Body and chassis repair following an accident.

a. A school bus that has been involved in an accident in which there is damage to the body or chassis components may be repaired to the extent that such repair is possible and that the damaged component can be returned to the original equipment manufacturer's specification and function.

b. The individual or company making the repairs shall certify to the vehicle's owner that all repairs have been made in accordance with the original vehicle or component manufacturer's recommendations using original equipment manufacturer's materials and parts, or their guaranteed equal.

c. Repairs shall not cause the vehicle to no longer comply with any federal motor vehicle safety standard(s) in effect and applicable at the time the vehicle or component was manufactured.

44.7(2) New technology and equipment approval procedure. It is the intent of these rules to accommodate new technologies and equipment which will better facilitate the transportation of students to and from school and related activities. A new technology, piece of equipment or component that meets the following criteria may be adopted under the following conditions pending formal rule adoption:

a. The technology, equipment or component shall not compromise the effectiveness or integrity of any major safety system, unless it completely replaces the system.

b. It shall not diminish the safe environment of the interior of the bus.

c. It shall not create additional risk to students who are boarding or exiting the bus or are in or near the school bus loading zone.

d. It shall not create undue additional activity or responsibility for the driver.

e. It shall not generally decrease the safety or efficiency of the bus.

f. It shall generally provide for a safer or more pleasant experience for the occupants and pedestrians in the vicinity of the bus or generally assist the driver or make the driver's many tasks easier to perform.

g. A pilot test for the purpose of evaluating the performance of the new technology, product or vehicle component may be conducted at the direction of the school transportation consultant with the approval of the director of the department of education. The pilot test shall include a minimum of five, but not more than ten, applications of the technology, product or component at locations and over a period of time to be mutually agreed upon by the department and the manufacturer of the product.

h. The cost of the technology, product or vehicle component and its installation shall be the responsibility of the manufacturer unless other arrangements are made prior to testing or evaluation.

i. An evaluation of the product's performance shall be conducted by department staff; and if the product is determined to meet the criteria listed in 44.7(2)"a" to "f," measures shall be taken as soon as practicable to formally approve the product.

j. A technology, product or component not recommended for approval by the department shall immediately be removed from vehicles upon which pilot tests were being conducted; and its use shall be discontinued by schools or individuals serving as pilot test sites, upon receipt of written notice from the department of education.

281--44.8(285) Optional body equipment specifications.

44.8(1) Air-conditioning system.

a. Evaporator cases, lines and ducting (as equipped) shall be designed so that all condensation is effectively drained to the exterior of the bus below floor level under all conditions of vehicle movement without leakage on any interior portion of the bus.

b. Any evaporator or ducting system shall be designed and installed so as to be free of injury-producing projections or sharp edges. Installation shall not reduce compliance with any federal motor vehicle safety standard applicable to the school bus. Ductwork shall be installed so that exposed edges face the front of the bus and do not present sharp edges.

c. Any evaporators used must be copper-cored (aluminum or copper fins acceptable), except that the front evaporator, if provided by a Type A chassis manufacturer, may be aluminum-cored.

d. Air intake for any evaporator assembly(ies) except for the front evaporator of a Type A bus shall be equipped with replaceable air filter(s) accessible without disassembly of the evaporator case.

e. On buses equipped for the transportation of persons with disabilities, the evaporator and ducting shall be placed high enough so that they will not obstruct existing or potential occupant securement shoulder strap upper attachment points. This clearance shall be provided along the entire length of the passenger area on both sides of the bus interior to allow for potential retrofitting of new wheelchair positions and occupant securement devices throughout the bus.

f. The total system shall be warranted, including parts and labor, for at least two years and shall include, but not be limited to, compressor mounting bracketry and hardware and any belts which, directly or indirectly, drive the compressor(s). Air-conditioning compressor applications must be approved in writing by the chassis engine manufacturer, stating that the installations will not void or reduce the engine manufacturer's warranty or extended service coverage liabilities in any way.

g. All components requiring periodic servicing must be readily accessible for servicing, including but not limited to, the following:

(1) Refrigerant service ports (high- and low-pressure).

(2) Sight glass(es) must be directly visible.

(3) Receiver-dryer (as equipped) shall be accessible for servicing or replacement. Sweat-type fittings are not acceptable.

(4) Expansion valve(s).

(5) Drive belts for replacement and adjustment.

(6) System fuses and circuit breakers.

(7) Evaporator air filters for servicing.

(8) All major component serial numbers must be readily visible.

h. Parts and service manuals shall be provided for the entire system including, but not limited to, compressor(s), wiring (includes wiring diagram), evaporators, condensers, controls, hoses and lines.

i. Electrical requirements for the air-conditioning system shall be provided to the customer prior to vehicle purchase or, in the case of an after-purchase installation, prior to installing the air-conditioning system to ensure that adequate electrical demands imposed by the air-conditioning system are capable of being met.

44.8(2) Auxiliary stop signal arm.

a. A second stop signal arm meeting the requirements of subrule 44.4(43) may be installed and located on the left side at or near the left rear corner of the school bus.

b. The two double-faced, four-inch flashing lights of the stop arm blade meeting the requirements of subrule 44.4(43) may be replaced with an LED-illuminated, high-visibility display, spelling out the word "STOP" visible to the front and rear. This lighting system shall comply with applicable federal motor vehicle safety standards prior to installation.

44.8(3) Baggage compartments. Exterior, underbody luggage compartments are approved on all bodies where available. This body option shall be keyed alike with any other body option requiring use of a key.

44.8(4) Diesel noise reduction package. The option for a diesel noise reduction package, where available, may be installed. For all front engine units this package must include full width perforated interior ceiling panels to deaden engine noise extending from the front header panel to at least the first passenger seating position. For rear engine units, this package shall include sound-deadening insulation between the engine compartment and the passenger compartment. All insulation material must be fire-resistant and of a type that will not harbor dampness and must be approved by Underwriters Laboratories.

44.8(5) Exterior light system monitor. A system of monitoring exterior lights on the front and rear of the bus from the driver's seated position is approved as an option. Such systems shall include the capability to monitor the special front and rear amber and red flashing warning lamp system, tail lamps, backup lamps, front and rear turn signal lamps and stop lamps.

44.8(6) Fire block seat covering. Crash barriers and passenger seats may be constructed with materials that enable them to meet the criteria contained in the school bus seat upholstery fire block test specified in the manual, "1995 National Standards for School Transportation," Missouri Safety Center, Central Missouri State University, Warrensburg, Missouri 64093. Fire block material, when used, shall include the covering of seat bottoms.

44.8(7) Flat flooring system (no wheel wells).

a. This is approved for any size bus where available for an unobstructed straight floor design featuring no wheel wells and no step-up at the rear of the passenger compartment. The inside height of the body shall remain at least 72 inches, when measured in accordance with subrule 44.4(21) when this option is installed.

b. If this option utilizes a raised floor that is stepped up behind the driver's area, the forward edge of the aisle shall have a white stripe and be labeled "Step Up" visible to passengers upon entering the aisle; and a label "Step Down" shall be visible to passengers as they exit the aisle. Minimum headroom of 72 inches shall be maintained at all times.

c. A flat floor design shall provide for the additional option for a track-mounted seating system using button-type (L track) and a wheelchair securement system meeting Iowa specifications but mounting into the track of the track-seating system. The overhead track for shoulder harness attachment shall extend the full length of the passenger compartment on both sides. Aisle clearances shall be maintained in accordance with these rules.

44.8(8) Infant seating system. School buses may have installed, at one or more seat locations in the bus, special seating or securement systems designed for the securement of newborns, infants or toddlers while being transported. These seating systems may include such design features as an integrated child seating system or a seat structure equipped with attachment points for a belt system. These systems shall meet all applicable federal motor vehicle safety standards at the time of installation.

44.8(9) Public address system. To maintain verbal communication with students outside the bus during loading and unloading periods, a public address system designed for school bus applications may be used. The system shall include four speakers inside the bus and one heavy-duty, weatherproof public address (PA) type speaker outside the bus with controls to permit the driver to select inside or outside speakers. The controls shall be mounted in the driver's compartment so that all controls are readily accessible to the driver from the normal seated position. There shall be no speaker, as part of this system, mounted within the driver's compartment area inside the bus.

44.8(10) Tinted glass.

a. Optional tinted glazing capable of reducing the amount of light passing through a window may be installed consistent with rules established by the Iowa department of public safety relating to automotive window transparency standards, except that the following windows shall remain clear:

(1) Both sections of the window to the immediate left of the driver.

(2) All glass forward of and including the left-side driver's window.

(3) The entire windshield area, except where shading is permitted in 44.4(55)"b."

(4) All glass in the service entrance door.

b. Glass in both the upper and lower portions of the emergency exit door on the rear of the bus.

44.8(11) Traction-assisting devices.

a. Where required or used, sanders shall:

(1) Be of hopper cartridge-value type.

(2) Have metal hoppers with all interior surfaces treated to prevent condensation of moisture.

(3) Be of at least 100-pound (grit) capacity.

(4) Have a cover on the filler opening of the hopper which screws into place and seals the unit airtight.

(5) Have discharge tubes extending to the front of each rear wheel under the fender.

(6) Have nonclogging discharge tubes with slushproof, nonfreezing rubber nozzles.

(7) Be operated by an electric switch with a warning light mounted on the instrument panel.

(8) Be exclusively driver-controlled.

(9) Have a gauge to indicate that hoppers need refilling when they are down to one-quarter full.

b. Automatic traction chains may be installed.

281--44.9(285) Optional chassis equipment specifications.

44.9(1) Air-sprung rear suspension system. When vehicle ride quality and comfort are considerations, an air-ride or equivalent air-sprung rear suspension system, where available from chassis manufacturer, is permitted. The suspension system shall have a rear GAWR greater than or equal to standard specification requirements for the type and capacity of the chassis on which it is installed. Rear shock absorbers are also required with this option, as on standard suspension systems.

44.9(2) Oil-lubricated front hubs. Oil-lubricated front axle hubs providing continuous lubrication to front axle bearings and externally visible oil level inspection are acceptable.

These rules are intended to implement Iowa Code sections 285.8 and 321.373.

ARC 8094A

Pursuant to the authority of Iowa Code section 542B.6, the Engineering and Land Surveying Examining Board hereby gives Notice of Intended Action to amend Chapter 1, "Administration," Iowa Administrative Code.

These amendments will simplify the requirements to become licensed by comity and clarify that applicants must exhaust administrative remedies before the Board prior to moving into district court.

Any interested person may make written or oral suggestions or comments on these proposed amendments on or before July 7, 1998. Comments should be directed to Gleean Coates, Executive Secretary, Iowa Engineering and Land Surveying Examining Board at 1918 S.E. Hulsizer Road, Ankeny, Iowa 50021, or by telephoning (515)281-7360.

These amendments are intended to implement Iowa Code section 542B.14.

The following amendments are proposed.

ITEM 1. Amend subrule 1.4(5), paragraph "f," as follows:

f. If a comity applicant did not have the required four years of experience before writing the professional examination, the board may offer the applicant an oral examination in lieu of retaking the written examination if the applicant has 12 or more years' experience acceptable to the board. A comity applicant with 25 or more years' experience acceptable to the board may be considered for licensure even if that applicant lacked the required experience before writing the professional examination approve the application for licensure if the applicant satisfies all other conditions of licensure, the applicant has not been disciplined in any other jurisdiction, and the applicant has had at least five years of practical engineering experience of a character satisfactory to the board since passing the professional examination.

ITEM 2. Amend subrule 1.11(1) as follows:

1.11(1) An applicant denied licensure may who is aggrieved by the denial of a license must request a hearing before the board within 30 days of the date the notice of license denial is mailed. A request for hearing must be in writing and is deemed made on the date of the United States Postal Service postmark or the date of personal service. The request for hearing shall specify the grounds under which the applicant contends the board erred in denying licensure. If a request for hearing is timely made, the board shall issue a notice of hearing and conduct a contested case hearing.

ARC 8084A

Pursuant to the authority of Iowa Code section 455B.133, the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 20, "Scope of Title--Definitions--Forms--Rules of Practice," Chapter 22, "Controlling Pollution," and Chapter 23, "Emission Standards for Contaminants," Iowa Administrative Code.

The purpose of this rule making is to implement 40 CFR Sections 63.40 through 63.44, as mandated by Section 112(g) of the Clean Air Act. This section of the Act requires case-by-case maximum available control technology (MACT) determination to be made for facilities proposing to construct or reconstruct major sources of hazardous air pollutants (HAP), unless a HAP emission standard for the source category has been promulgated under 40 CFR Part 63. For facilities considering constructing or reconstructing such a source, this rule making would require the submittal of a MACT determination application in addition to the air construction permit application.

These amendments make the necessary additions and revisions to existing programs and procedures that are required to implement 40 CFR Sections 63.40 through 63.44.

Any person may make written suggestions or com-ments on the proposed amendments on or before July 17, 1998. Written comments should be directed to Scott Vander Hart, Iowa Department of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Suite 1, Urbandale, Iowa 50322, fax (515)242-5094, or by electronic mail tosvander@max.state.ia.us.

A public hearing will be held on July 17, 1998, at 1 p.m. in the East Conference Room, Air Quality Bureau, 7900 Hickman Road, Suite 1, Urbandale, Iowa, at which time comments may be submitted orally or in writing.

Any persons who intend to attend a public hearing and have special requirements such as those related to hearing or mobility should contact the Department of Natural Resources to advise the Department of any specific needs.

These amendments may impact small businesses.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 8085A. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code section 455B.133.

ARC 8087A

Pursuant to the authority of Iowa Code section 455B.133, the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 22, "Controlling Pollution," and Chapter 23, "Emission Standards for Contaminants," Iowa Administrative Code.

The purpose of this rule making is to adopt by reference the new and revised acid rain exemptions and the national emission standard for hazardous air pollutant (NESHAP) for primary aluminum reduction plants. It also reestablishes the original compliance dates for submittal of the Title V, voluntary, and small source operating permit applications.

Item 1 corrects an internal citation.

Item 2 reestablishes the original compliance date for submittal of the Title V operating permit application.

Item 3 rescinds the former acid rain new unit exemption and adopts by reference acid rain exemptions for new unit exemption, retired unit exemptions, and industrial utility-unit exemption. The revisions to the new unit and retired unit exemptions made the exemption process more automatic by making the exemption effective for the entire year in which the petition was submitted. The revisions also streamline the petition for exemption process by eliminating the requirement for public notification on the petition. The industrial utility-unit exemption is new. The U.S. Environmental Protection Agency had stated that no allowances would be allocated to industrial utility-units under Section 405 of the Clean Air Act of 1990. Because of this they promulgated a limited exemption for industrial utility-units that served, at any time starting in 1985, a generator that produced electricity for sale.

Item 4 rescinds the former acid rain retired unit exemption. The revised retired unit exemption was adopted by reference in Item 2.

Item 5 reestablishes the original compliance date for submittal of the voluntary operating permit application.

Item 6 revises language to exclude violations of the requirement to obtain a Title V operating permit from the compliance certification for voluntary operating permits.

Item 7 reestablishes the original compliance date for submittal of the small source operating permit application.

Item 8 adds language for clarification.

Item 9 adopts the NESHAP for primary aluminum reduction plants by reference. This adoption establishes standards for each new or existing potline, paste production plant, and anode bake furnace associated with a primary aluminum reduction plant, and for each new pitch storage tank associated with a primary aluminum production plant.

Any person may make written suggestions or com-ments on the proposed amendments on or before July 17, 1998. Written comments should be directed to Scott VanderHart, Iowa Department of Natural Resources, AirQuality Bureau, 7900 Hickman Road, Suite 1, Urbandale, Iowa 50322, fax (515)242-5094, or by electronic mail to svander@max.state.ia.us.

A public hearing will be held on July 17, 1998, at 1:30 p.m. in the East Conference Room, Air Quality Bureau, 7900 Hickman Road, Suite 1, Urbandale, Iowa, at which time comments may be submitted orally or in writing.

Any persons who intend to attend a public hearing and have special requirements such as those related to hearing or mobility should contact the Department of Natural Resources to advise the Department of any specific needs.

These amendments may impact small business.

These amendments are intended to implement Iowa Code section 455B.133.

The following amendments are proposed.

ITEM 1. Amend subrule 22.103(2), paragraph "a," subparagraph (2), as follows:

(2) A storage tank which contains no volatile organic compounds above a vapor pressure of 0.75 pounds per square inch at the normal operating temperature of the tank when other emissions from the tank do not exceed the levels in paragraph 22.103(2)"b." subparagraph 22.103(2)"a"(1).

ITEM 2. Amend subrule 22.105(1), paragraph "a," as follows:

a. Timely application. Each source applying for a Title V permit shall submit an application:

(1) By November 15, 1994, if source was existing on or before April 20, 1994, for the first time submittals of Title V permit applications. However, a source may choose to defer submittal of Part 2 of the permit application until December 31, 1995. The department will mail notice of the deadline for Part 2 of the permit application to all applicants who have filed Part 1 of the application by October 17, 1995.

(1) (2) At least 6 months but not more than 18 months prior to the date of permit expiration if the application is for a permit renewal.

(2) (3) By January 1, 1996, (for sulfur dioxide) or by January 1, 1998, (for nitrogen oxides) if the application is for an initial Phase II acid rain permit.

(3) (4) At least 6 months prior to any planned significant modification of a Title V permit. See rule 22.113(455B).

(4) (5) Within 12 months of commencing operation for a source subject to 112(g) of the Act or subject to rule 22.4(455B) (prevention of significant deterioration permitting) or subject to rule 22.5(455B) (nonattainment area permitting). Where an existing Title V permit would prohibit such construction or change in operation, the source must obtain a Title V permit revision before commencing operation.

(5) (6) Within 12 months of becoming subject to this rule for a new source or a source which has become subject to the Title V permit requirement after April 20, 1994.

ITEM 3. Rescind rule 567--22.123(455B) and adopt the following new rule in lieu thereof:

567--22.123(455B) Acid rain exemptions.

22.123(1) New unit exemption. The new unit exemption, as specified in 40 CFR SS72.7, as amended through October 24, 1997, except for 40 CFR SS72.7(c)(1)(i), is adopted by reference. This exemption applies to new utility units.

22.123(2) Retired unit exemption. The retired unit exemption, as specified in 40 CFR SS72.8, as amended through October 24, 1997, is adopted by reference. This exemption applies to any affected unit that is permanently retired.

22.123(3) Industrial utility-unit exemption. The industrial utility-unit exemption, as specified in 40 CFR SS72.14, as amended through October 24, 1997, is adopted by reference. This exemption applies to any noncogeneration utility unit.

ITEM 4. Rescind and reserve rule 567--22.124(455B).

ITEM 5. Amend subrule 22.203(1), paragraph "a," as follows:

a. Timely application. Each source applying for a voluntary operating permit shall submit an application:

(1) By July 1, 1996, if the source is existing on or before July 1, 1995, unless otherwise required to obtain a Title V permit under rule 22.101(455B);

(1) (2) At least 6 months but not more than 12 months prior to the date of expiration if the application is for renewal;

(2) (3) Within 12 months of becoming subject to this rule 22.101(455B) for a new source or a source which would otherwise become subject to the Title V permit requirement after July 1, 1995.

ITEM 6. Amend subrule 22.203(2), paragraph "e," subparagraph (1), as follows:

(1) Certification of compliance for the prior year with all applicable requirements with an exception for violations of subrule subrules 22.1(1) and 22.105(1);

ITEM 7. Amend subrule 22.300(8), paragraph "a," subparagraph (1), as follows:

(1) Timely registration. Each source registering for an operating permit by rule for small sources shall submit a registration form:

1. By August 1, 1996, if the source became subject to rule 22.101(455B) on or before August 1, 1995, unless otherwise required to obtain a Title V permit under rule 22.101(455B).

2. Within within 12 months of becoming subject to rule 22.101(455B) (the requirement to obtain a Title V permit) for a new source or a source which would otherwise become subject to the Title V permit requirement after August 1, 1995.

ITEM 8. Amend subrule 23.1(1) as follows:

23.1(1) In general. The federal standards of performance for new stationary sources (new source performance standards) shall be applicable as specified in subrule 23.1(2). The federal standards for hazardous air pollutants (national emission standards for hazardous air pollutants) shall be applicable as specified in subrule 23.1(3). The federal standards for hazardous air pollutants for source categories (national emission standards for hazardous air pollutants for source categories) shall be applicable as specified in subrule 23.1(4). The federal emission guidelines (emission guidelines) shall be applicable as specified in subrule 23.1(5). Compliance with emission standards specified elsewhere in this chapter shall be in accordance with 567--Chapter 21.

ITEM 9. Amend subrule 23.1(4) by adding the following new paragraph:

p. Emission standards for primary aluminum reduction plants. These standards apply to each new or existing potline, paste production plant, and anode bake furnace associated with a primary aluminum reduction plant, and for each new pitch storage tank associated with a primary aluminum production plant. (Subpart LL)

ARC 8086A

Pursuant to the authority of Iowa Code section 455B.133, the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 28, "Ambient Air Quality Standards," Iowa Administrative Code.

The purpose of this rule making is to adopt by reference the new federal PM_2.5 and revised PM₁₀ and ozone national ambient air quality standards (NAAQS), which became effective on September 16, 1997. The U.S. Environmental Protection Agency amended the existing NAAQS for ozone and promulgated a new annual and 24-hour PM_2.5 NAAQS to better protect public health, especially the health of those at higher risk, such as children, the elderly, and individuals with preexisting heart or lung diseases. Revisions were also made which relaxed the current PM₁₀ NAAQS. The federal Clean Air Act requires that each NAAQS be reviewed and possibly revised to reflect the most recent health information available.

Any person may make written suggestions or com-ments on the proposed amendment on or before July 17, 1998. Written comments should be directed to Scott Vander Hart, Iowa Department of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Suite 1, Urbandale,Iowa 50322, fax (515)242-5094, or by electronic mail to svander@max.state.ia.us.

Three public hearings will be held at the following dates, times, and locations: July 15, 1998, at 1 p.m. in the Council Chambers, Davenport City Hall, 226 West 4th Street, Davenport, Iowa; July 16, 1998, at 1 p.m. in Shelby Room, Loft Hall, Iowa Western Community College, 2700 College Road, Council Bluffs, Iowa; and July 17, 1998, at 2 p.m. in the East Conference Room, Air Quality Bureau, 7900 Hickman Road, Suite 1, Urbandale, Iowa. During the public hearings, comments may be submitted orally or in writing.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility, should contact the Department of Natural Resources to advise the Department of any specific needs.

This amendment may impact small businesses.

This amendment is intended to implement Iowa Code section 455B.133.

The following amendment is proposed.

Amend rule 567--28.1(455B) as follows:

567--28.1(455B) Statewide standards. The state of Iowa ambient air quality standards shall be the National Primary and Secondary Ambient Air Quality Standards as published in 40 Code of Federal Regulations Part 50 (1972) and as amended at 38 Federal Register 22384 (September 14, 1973), 43 Federal Register 46258 (October 5, 1978), and 44 Federal Register 8202, 8220 (February 9, 1979), and 52 Federal Register 24634-24669 (July 1, 1987), and 62 Federal Register 38651-38760, 38855-38896 (July 18, 1997).

ARC 8067A

Pursuant to the authority of Iowa Code sections 234.6 and 249A.4, the Department of Human Services proposes to amend Chapter 9, "Public Records and Fair Information Practices," Chapter 65, "Administration," Chapter 75, "Conditions of Eligibility," Chapter 76, "Application and Investigation," and Chapter 83, "Medicaid Waiver Services," appearing in the Iowa Administrative Code.

These amendments restore a current Medically Needy policy that was inadvertently deleted from the rules at the time the Medicaid rules were rewritten to delink from the Family Investment Program, allow an adjustment to spenddown when an unpaid Medicaid-covered service has been used to meet spenddown and a paid claim is subsequently received, allow a Medicaid claim to be submitted to the fiscal agent up to 12 months after the certification period ended, revise the definition for "break in assistance," change FIP-related or ADC-related to FMAP-related in several rules that were previously overlooked, and update form numbers.

The client will be able to request an adjustment when an unpaid claim was used to meet spenddown so that a paid claim can be used. This will allow an unpaid claim to be paid by Medicaid rather than be used to meet spenddown. This will help the client and the provider. This situation happens when an unpaid claim is entered into the Medically Needy Spenddown Control (MNSC) system and is used to meet spenddown before the paid claim is received.

Consultec will be operating the MNSC system in the future. Providers currently may submit claims to Consultec to be used for spenddown. When Consultec takes over the spenddown system, a provider may submit a claim that will be used for spenddown and if there is a remaining amount after spenddown is met, the remaining amount will be paid. It will not be necessary for the provider to submit the claim again for payment. Providers have up to one year to submit claims. Therefore, providers should also be allowed up to one year to submit claims for meeting spenddown.

Consideration will be given to all written data, views, and arguments thereto received by the Bureau of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319-0114, on or before July 8, 1998.

These amendments are intended to implement Iowa Code sections 234.12 and 249A.4.

The following amendments are proposed.

ITEM 1. Amend subrule 9.12(2), paragraph "b," subparagraph (8), as follows:

(8) A list of applicants for and recipients of the family investment program (FIP), the family medical assistance program (FMAP), FIP FMAP-related Medicaid program medical assistance, and the food stamp program is matched with records on Iowa motor vehicle registration files to assist in the identification of countable resources.

ITEM 2. Amend subrule 65.19(19) as follows:

65.19(19) Certification periods. Households in which all members are receiving family investment program (FIP) cash assistance, or a family medical assistance program (FMAP), or FIP FMAP-related medical assistance program will be assigned certification periods of 6 to 12 months. However, a certification period of less than 6 months may be assigned at application or recertification to match the food stamp recertification date and the public assistance review date.

Households in which one or more members are not receiving FIP cash assistance, or FMAP or FIP FMAP-related medical assistance, and which are not required to file a monthly report will be assigned certification periods of one to six months based on the predictability of the household's circumstances except when the adult members are all 60 years of age or older with very stable income such as social security, supplemental security income, pensions or disability payments. These households shall be certified for up to 12 months.

ITEM 3. Amend subrule 75.1(35) as follows:

Amend paragraph "f" as follows:

f. Verification of medical expenses to be used in spenddown calculation. The applicant or recipient shall submit evidence of medical expenses that are for noncovered Medicaid services and for covered services incurred prior to the certification period on the Medical Expense Verification, Form MA-4069 470-1932, which shall be completed by the medical provider. In cases where the provider is uncooperative or where returning to the provider would constitute an unreasonable requirement on the applicant or recipient, the form shall be completed by the worker. Verification of medical expenses for the applicant or recipient that are covered Medicaid services and occurred during the certification period shall be submitted by the provider to the fiscal agent on a claim form. The applicant or recipient shall inform the provider of the applicant's or recipient's spenddown obligation at the time services are rendered or at the time the applicant or recipient receives notification of a spenddown obligation. Verification of allowable expenses incurred for transportation to receive medical care as specified in rule 441-- 78.13(249A) shall be verified on Form MA-3032-1 470-0394, Medical Transportation Claim.

Applicants who have not established that they met spenddown in the current certification period shall be allowed 35 days 12 months following the end of the certification period to submit medical expenses for that period or 12 months following the date of the notice of decision when the certification period had ended prior to the notice of decision.

Amend paragraph "g," subparagraph (2), first paragraph, as follows:

(2) Order of deduction. Spenddown shall be adjusted when a bill for a Medicaid-covered service incurred during the certification period has been applied to meet spenddown if the a bill for a covered service incurred prior to the certification period is subsequently received. Spenddown shall also be adjusted when a bill for a noncovered Medicaid service is subsequently received with a service date prior to the Medicaid-covered service is subsequently received. Spenddown shall be adjusted when an unpaid bill for a Medicaid-covered service incurred during the certification period has been applied to meet spenddown if a paid bill for a covered service incurred in the certification period is subsequently received with a service date prior to the date of the notice of spenddown status.

ITEM 4. Amend rule 441--75.25(249A), definition of "Break in assistance," as follows:

"Break in assistance" for medically needy shall mean the lapse of more than three months from the end of the medically needy certification period to the beginning of the next current certification period.

Exception: An unemployed parent determination as described at paragraph 75.54(3)"c" shall be completed when the lapse is one month or more.

ITEM 5. Amend subrule 76.1(2) as follows:

76.1(2) Date and method of filing application. An application is considered filed on the date an identifiable application, Form PA-1107-0 470-0442, PA-2207-0 470-0462, PA-2230-0 470-0466 (Spanish), 470-2927, or Form 470- 3112 or 470-3122 (Spanish), is received and date-stamped: (1) in any local or area office of the department, or (2) by an income maintenance worker in any satellite office of the department, or (3) by a designated worker in a disproportionate share hospital, federally qualified health center, or other facility in which outstationing activities are provided. An identifiable application, Form 470-2927, which is filed to apply for FIP FMAP or FMAP-related Medicaid at a WIC office, well child health clinic, maternal health clinic or the office of a qualified provider for presumptive eligibility for pregnant women shall be considered filed on the date received and date-stamped in one of these offices. An application so received shall be forwarded within two working days to the department office responsible for completion of the eligibility determination. A faxed application is considered filed on the date the faxed application is received in one of the places described above, if the fax is received during normal business hours. If the fax is received after normal business hours, such as evenings, weekends or holidays, the faxed application shall be considered received on the next normal business day. Before the faxed application can be approved, the original application with the applicant's original signature must be received by the department.

An identifiable application is an application containing a legible name, address and signature. If an authorized representative signed the application on behalf of an applicant, the original signature of the applicant or the responsible person must be on the application before the application can be approved. For FIP FMAP and FIP FMAP-related Medicaid, the original signature of each and every parent or stepparent in the home must be on the application before the application can be approved.

ITEM 6. Amend subrule 83.43(1) as follows:

83.43(1) Application for HCBS AIDS/HIV waiver services. An The application for FIP-related Medicaid or SSI-related Medicaid shall follow the process as specified in rules 441--76.1(249A) to 441--76.6(249A) shall be followed.

ITEM 7. Amend subrule 83.61(1), paragraph "b," as follows:

b. Be eligible for Medicaid under SSI, SSI-related, ADC FMAP, or ADC FMAP-related coverage groups; eligible under the special income level (300 percent) coverage group; or become eligible through application of the institutional deeming rules or would be eligible for Medicaid if in a medical institution.

ITEM 8. Amend subrule 83.82(1), paragraph "b," as follows:

b. Be eligible for Medicaid under SSI, SSI-related, FIP FMAP, or FIP FMAP-related coverage groups; eligible under the special income level (300 percent) coverage group consistent with a level of care in a medical institution; or be eligible for medically needy.

ARC 8068A

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 84, "Early and Periodic Screening, Diagnosis, and Treatment," appearing in the Iowa Administrative Code.

This amendment revises the schedule for the lead toxicity screening under the Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) program to provide that the initial screening be conducted on children at 12 months, rather than 6 months of age.

This revision is being made to comply with a revisedfederal Medicaid policy directive. Medicaid policy on lead screening has historically been based on the recommendations and guidance from the Centers for Disease Control and Prevention. This change will prevent unnecessary testing of young children.

Consideration will be given to all written data, views, and arguments thereto received by the Bureau of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319-0114, on or before July 8, 1998.

This amendment is intended to implement Iowa Code section 249A.4.

The following amendment is proposed.

Amend subrule 84.3(6), paragraph "c," as follows:

c. Lead toxicity screening for all children aged 6 12 to 72 months.

ARC 8069A

Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services proposes to amend Chapter 170, "Child Day Care Services," appearing in the Iowa Administrative Code.

This amendment revises the priority levels on the waiting list for applications for state child care assistance to correspond with revisions in eligibility requirements as mandated by the Seventy-seventh General Assembly. At the current time, the waiting list is not being used as funding is available to serve all families meeting the eligibility requirements.

Consideration will be given to all written data, views, and arguments thereto received by the Bureau of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319-0114, on or before July 8, 1998.

This amendment is intended to implement Iowa Code section 234.6 and 1998 Iowa Acts, Senate File 2410, section 12, subsection 4.

The following amendment is proposed.

Amend subrule 170.2(3) as follows:

Amend paragraphs "a," "d," and "e," as follows:

a. Families who are with an income at or below 100 percent of the federal poverty guidelines and in which the parents are employed at least 30 28 hours per week or are under the age of 21 and participating in an educational program leading to a high school diploma or equivalent.

d. Families who are above with an income of more than 100 percent but at or below 125 not more than 140 percent of the federal poverty guidelines and in which the parents whose members are employed at least 30 28 hours per week.

e. Families who are with an income at or below 155 175 percent of the federal poverty guidelines who have whose members are employed at least 28 hours per week with a special needs child as a member of the family.

Rescind paragraph "g."

ARC 8070A

Pursuant to the authority of Iowa Code section 502.607, the Insurance Division gives Notice of Intended Action to amend Chapter 50, "Regulation of Securities Offerings and Those Who Engage in the Securities Business," Iowa Administrative Code.

The proposed rule allows broker-dealers, investment advisers, broker-dealer agents, and investment adviser representatives to advertise their products and services over the Internet without violating certain registration provisions of Iowa Code chapter 502.

Any interested person may submit written comments on the proposed rule on or before July 7, 1998. These comments should be directed to Craig A. Goettsch, Superintendent of Securities, Iowa Securities Bureau, Second Floor, Lucas State Office Building, Des Moines, Iowa 50319. Comments may be transmitted via facsimile to (515)281-6467.

This rule is intended to implement Iowa Code section 502.301.

The following rule is proposed.

Adopt the following new rule:

191--50.35(502) Internet advertising by broker-dealers, investment advisers, broker-dealer agents, and investment adviser representatives.

50.35(1) Broker-dealers, investment advisers, broker-dealer agents, and investment adviser representatives who use the Internet, the worldwide web, and similar proprietary or common carrier electronic systems ("Internet") to disseminate information on available products and services, through certain communications made on the Internet directed generally to anyone having access to the Internet, and transmitted through postings on bulletin boards, displays on home pages or similar methods ("Internet communication"), shall not be deemed to be transacting business in this state for purposes of Iowa Code section 502.301, based solely on that communication, if the following conditions are observed:

a. The Internet communication contains a legend which clearly states that:

(1) The broker-dealer, investment adviser, broker-dealer agent or investment adviser representative may only transact business in this state if first registered or excluded or exempted from state broker-dealer, investment adviser, broker-dealer agent or investment adviser representative registration requirements; and

(2) The broker-dealer, investment adviser, broker-dealer agent or investment adviser representative will not effect or attempt to effect transactions in securities, or render personalized investment advice for compensation, as may be, absent compliance with state broker-dealer, investment adviser, broker-dealer agent or investment adviser representative registration requirements, or an applicable exemption or exclusion;

b. The Internet communication contains a mechanism including, without limitation, technical "firewalls" or other policies and procedures to ensure that, prior to effecting or attempting to effect transactions with customers in this state, or prior to direct communication with prospective customers or clients in this state, said broker-dealer, investment adviser, broker-dealer agent or investment adviser representative is first registered in this state or qualifies for an exemption or exclusion from the registration requirements. Nothing in this paragraph shall be construed to relieve a state-registeredbroker-dealer, investment adviser, broker-dealer agent or investment adviser representative from complying with any applicable securities registration requirement in this state;

c. The broker-dealer, investment adviser, broker-dealer agent or investment adviser representative does not, through the Internet communication, effect or attempt to effect transactions in securities in this state, or render personalized investment advice for compensation, as may be, but limits the Internet communication to general information on products and services; and

d. In the case of a broker-dealer agent or investment adviser representative:

(1) The agent's broker-dealer or investment adviser affiliation is prominently disclosed within the Internet communication;

(2) The broker-dealer or investment adviser with whom the agent or representative is affiliated retains responsibility for reviewing and approving the content of any Internet communication by the broker-dealer agent or investment adviser representative;

(3) The broker-dealer or investment adviser with whom the agent or representative is associated first authorizes the dissemination through the Internet communication of information on the particular products and services; and

(4) In disseminating information through the Internet communication, the broker-dealer agent or investment adviser representative acts within the scope of the authority granted by the broker-dealer or investment adviser.

50.35(2) Nothing in this rule shall excuse broker-dealer, investment adviser, broker-dealer agent, and investment adviser representative compliance with applicable securities registration, antifraud or related provisions.

50.35(3) Nothing in this rule shall be construed to affect the activities of any broker-dealer, investment adviser,broker-dealer agent or investment adviser representative engaged in business in this state that is not subject to the jurisdiction of the administrator as a result of the National Securities Markets Improvements Act of 1996.

This rule is intended to implement Iowa Code section 502.301.

ARC 8079A

The Notice proposed to amend Chapter 15 to provide an exemption from the required hunter education instructor applicant training for certified teachers.

The Department is terminating the rule making commenced in ARC 7867A as requested by the Natural Resource Commission on May 14, 1998.

ARC 8083A

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to adopt Chapter 29, "Local Recreation Infrastructure Grants Program," Iowa Administrative Code.

These rules define application procedures, grant limits, project eligibility, application evaluation procedures and criteria and other matters of project administration.

Any interested person may make written suggestions or comments on the proposed rules on or before July 7, 1998. Such written materials should be directed to the Parks, Recreation and Preserves Division, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034; fax (515)281-6794. Persons who wish to convey their views orally should contact the Division at (515)281-5814 or TDD (515)242-5976 or at the Division offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on July 7, 1998, at 9 a.m. in the Fourth Floor East Conference Room of the Wallace State Office Building at which time persons may present their views either orally or in writing. At the hearing persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed rules.

Any persons who intend to attend the public hearing and have special requirements such as hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.

These rules are intended to implement Iowa Code section 8.57(5c).

The following chapter is proposed.

Adopt the following new chapter:

The Iowa department of natural resources, hereinafter referred to as the department, will administer the local recreation infrastructure grants program.

571--29.2(8) Definitions.

"Commission" means the natural resource commission created in Iowa Code section 455A.5.

"Department" means the department of natural resources created in Iowa Code section 455A.2.

"Director" means the director of the department of natural resources.

"Infrastructure" is defined in Iowa Code section 8.57(5c) as "vertical infrastructure" and includes only land acquisition and construction, major renovation and major repair of buildings, all appurtenant structures, utilities, site developments, and recreational trails.

571--29.3(8) Eligibility requirements. Grants shall be awarded to local political subdivisions of the state and to any other established organization or association which is duly authorized and charged with responsibilities for construction, maintenance and operation of public recreation complexes and facilities.

571--29.4(8) Assistance ceiling and cost share. Grants to any individual project shall not exceed $100,000. Local project sponsors must provide local funding at the rate of two local dollars for each state grant dollar. Up to 50 percent of the local share may be a "soft match" in the form of donated labor, materials or land value. An appraisal must be approved by the department to serve as the basis for establishing the value of real property if used to provide soft match.

571--29.5(8) Minimum grant amount. Applications for assistance totaling less than $2,500 will not be considered.

571--29.6(8) Grant application submission.

29.6(1) Form of application. Grant applications shall be on forms and shall follow guidelines provided by the department. Completed applications shall provide sufficient detail as to clearly describe the scope of the project.

29.6(2) Application timing. Grant applications (one original and five copies) must be received in acceptable form by the Iowa Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034, by the close of business on the first business day of September.

29.6(3) Local funding. An applicant shall certify that it has committed its share of project costs.

29.6(4) Similar development projects. A single application for a development project grant may include development on more than one area if that development is of a likethat covers all exposed ceiling girders, sidewall posts, or other structural projections type (e.g., tree and shrub plantings).

571--29.7(8) Project review and selection.

29.7(1) Review and selection committee. A review and selection committee, hereinafter referred to as the committee, comprised of five members appointed by the director, two representing cities, two representing counties, and one representing other organizations or associations, shall review and evaluate project applications and shall develop funding recommendations to be forwarded to the natural resource commission for approval.

29.7(2) Conflict of interest. If a project is submitted to the review and selection committee by a city, county or other eligible sponsor, one of whose members or employees is on the review and selection committee, that individual shall not participate in discussion and shall not vote on that particular project.

29.7(3) Consideration withheld. The committee will not consider any application which, on the date of the selection session, is not complete or for which additional pertinent information has been requested and not received.

29.7(4) Application rating system. The committee will apply a numerical rating system to each grant application which is considered for fund assistance. The criteria, with a weight factor for each, shall include the following:

a. Public demand or need--weight factor of 2.

b. Quality of site or project--weight factor of 3.

c. Urgency of proposed project--weight factor of 2.

d. Multiple benefits provided--weight factor of 2.

e. Relationship to statewide plans/priorities--weight factor of 1.

f. Conformance with local/regional plans--weight factor of 2.

g. Economic benefits to local economies--weight factor of 1.

h. Geographic distribution--weight factor of 1.

Each criterion shall be given a score from 1 to 10, which is then multiplied by the weight factor.

571--29.8(8) Rating system not used. If total grant requests are less than the allotment available, the rating system will not be applied. All applications will be reviewed by the review and selection committee for eligibility to ensure they conform with the purpose of the program.

571--29.9(8) Applications not selected for funding. Applications which have been considered but not selected for funding shall be returned to the applicants.

571--29.10(8) Commission review. The commission will review all committee recommendations as well as recommendations from the director and staff of the department at the first commission meeting following the review session. The commission may make alterations to the recommended priorities of projects and may reject any application recommended for funding or may approve any application not recommended by the committee or the director and staff. Reasons for change or rejection of any recommended project must be included in the motion to change the order or to reject any project.

571--29.11(8) Grant amendments. Projects for which grants have been approved may be amended to increase or decrease project scope or to increase or decrease project costs and fund assistance. Amendments to increase project costs and fund assistance due to cost overruns will not be approved. Up to 5 percent of the appropriation may be reserved for amendments and, if not used for that purpose, will be added to future appropriations.

571--29.12(8) Timely commencement of projects. Grant recipients are expected to carry out their projects in an expedient manner. Projects shall be commenced by June 1 and completed by December 31 in the year following their approval. Failure to initiate projects in a timely manner may be cause for termination of the agreement and cancellation of the grant.

571--29.13(8) Payments. Ninety percent of approved grant amounts may be paid to project sponsors when requested, but not earlier than start-up of the project. Ten percent of the grant total shall be withheld by the department, pending successful completion and final site inspection, or until any irregularities discovered as a result of a final site inspection have been resolved.

571--29.14(8) Record keeping and retention. Grant recipients shall keep adequate records relating to the administration of a project, particularly relating to all incurred expenses. These records shall be available for audit by representatives of the department and the state auditor's office. All records shall be retained in accordance with state laws.

571--29.15(8) Eligible projects. Grants under this program are directed toward "vertical infrastructure" as defined in Iowa Code section 8.57(5c).

571--29.16(8) Unlawful use of funds. Whenever any property, real or personal, acquired or developed with grants under this program passes from the control of the grantee or is used for purposes other than the approved project purpose, it will be considered an unlawful use of the funds.

571--29.17(8) Remedy. Funds used without authorization, for purposes other than the approved project purpose, or unlawfully must be returned to the department for deposit in the account supporting this program. In the case of diversion of personal property, the grantee shall remit to the department funds in the amount of the original purchase price of the property. The grantee shall have a period of two years after notification by the department in which to correct the unlawful use of funds. The remedy provided in this rule is in addition to others provided by law.

571--29.18(8) Ineligibility. Whenever the director determines that a grantee is in violation of these rules, that grantee shall be ineligible for further assistance until the matter has been resolved to the satisfaction of the commission.

These rules are intended to implement Iowa Code section 8.57(5c).

ARC 8081A

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 61, "State Parks and Recreation Areas," Iowa Administrative Code.

These amendments accomplish the following:

1. Amend the definition of "Person with physical disability."

2. Rescind subrule 61.3(6).

3. Amend the times when reservations for lodges, cabins, open shelters and group camps will be taken.

4. Amend the time frame when cabins can be rented for only two nights.

5. Add a new subrule on reservation and damage deposits.

6. Add a new subrule allowing use of certain types of motorized vehicles in state parks and recreation areas by persons with physical disabilities.

7. Add a new subrule restricting access in and out of the recreation area portion of Wapsipinicon State Park.

Any interested person may make written suggestions or comments on the proposed amendments on or before July 10, 1998. Such written materials should be directed to the Parks, Recreation and Preserves Division, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034; fax (515)281-6794. Persons who wish to convey their views orally should contact the Division at (515)281-3449 or TDD (515)242-5976 or at the Division offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on July 10, 1998, at 9 a.m. in the Fourth Floor East Conference Room of the Wallace State Office Building at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

Any persons who intend to attend the public hearing and have special requirements such as hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.

These amendments are intended to implement Iowa Code sections 461A.3, 461A.46, 461A.51, and 461A.57.

The following amendments are proposed.

ITEM 1. Amend rule 571--61.2(461A), definition of "Person with physical disability," as follows:

"Person with physical disability" means a person who requires a wheelchair as sole means of mobility and requires assistance with personal care needs an individual commonly termed a paraplegic or quadriplegic, with paralysis or a physical condition of the lower half of the body with the involvement of both legs, usually due to disease or injury to the spinal cord; a person who is a single or double amputee of the legs; or a person with any other physical affliction which makes it impossible to ambulate successfully in park or recreation area natural surroundings without the use of a motorized conveyance.

ITEM 2. Rescind and reserve subrule 61.3(6).

ITEM 3. Amend subrule 61.4(2), paragraphs "b," "d," and "m," as follows:

b. Telephone and walk-in reservations will not be accepted until the second first business day following November 1 of each year for the heated cabins and the second first business day after January 1 of each year for all other cabins, group camps and enclosed shelters or lodges.

d. Walk-in and telephone requests on or after the second business day in January or November the first business day following January 1 or November 1 will be handled on a first-come, first-served basis after all mail-in requests have been handled. Walk-in and telephone requests after the first business day following January 1 or November 1 will be handled on a first-come, first-served basis.

m. Prior to May 1 the Monday before the National Memorial Holiday and after Labor Day week, two-night reservations may be made in advance for cabin use. Such reservations must be received by the Tuesday preceding the desired weekend.

ITEM 4. Amend rule 571--61.4(461A) by adding the following new subrule:

61.4(5) Reservation and damage deposits for rental facilities.

a. Reservation deposit.

(1) All cabin and group camp reservation requests must be accompanied by a reservation deposit equivalent to one day of the daily rate for that rental unit as provided in 61.3(2) and 61.3(4) (no sales tax shall be included). The deposit shall be required for each rental unit and rental period requested. The reservation deposit will be applied toward the total rental fee when the rental fee is due. Reservations made by telephone will be tentatively scheduled and held for seven working days. If written confirmation and reservation deposit are not received by the end of the seventh working day, the reservation will be canceled.

(2) Requests for enclosed shelter/lodge rental shall be accompanied by the full rental fee including tax with no reservation deposit required. Reservations made by telephone will be tentatively scheduled and held for seven working days. If written confirmation and reservation deposit are not received by the end of the seventh working day, the reservation will be canceled.

(3) Requests for open shelter rental shall be accompanied by the full rental fee including tax with no reservation deposit required.

b. Rental fee and damage deposit payment.

(1) Upon arrival for the cabin rental period, a damage deposit in the amount of $50 and the remainder of the applicable rental fee, including all sales tax, shall be paid in full. This damage deposit shall be paid by use of a separate financial instrument (e.g., check, money order, or cash) from the rental fee.

(2) Upon arrival for the group camp rental period, a damage deposit of $50 shall be paid in full. The remainder of the applicable rental fee, including all sales tax, shall be paid in full when the rental period is over and the area is ready to be vacated.

(3) Upon arrival for the enclosed shelter/lodge rental period, a damage deposit of $50 shall be paid in full.

(4) Damage deposits will be refunded only after inspection by authorized personnel to ensure the facility and furnishings are in satisfactory condition.

(5) If it is necessary for department personnel to clean up the facility or repair any damage beyond ordinary wear and tear, a log of the time spent in such cleanup or repair shall be kept. The damage deposit refund shall be reduced by an amount equivalent to the applicable hourly wage of the employees for the time necessary to clean the area or repair the damage and the cost of any furnishing repairs.

(6) The deposit is not to be construed as a limit of liability for damage to state property. The department may take legal action necessary to recover additional damage.

(7) Individuals wishing to cancel a reservation must do so at least 30 calendar days prior to the rental date in order to receive a full refund of the reservation deposit or any rental fees paid in advance. If it is necessary to cancel a reservation after the 30-day allowance, a refund may be made under the following conditions:

1. Inclement weather prohibits arrival at or entrance to the state park cabin, group camp or enclosed shelter/lodge area.

2. Personal emergency prevents arrival or requires departure prior to the end of the rental period. Personal emergency is defined to include a death, serious illness or accident involving immediate family. Rental fees may be refunded on a prorated basis in the case of early departure due to personal emergency.

ITEM 5. Amend rule 571--61.5(461A) by adding the following new subrule:

61.5(15) Motor vehicle restrictions.

a. Except as provided in these rules, motor vehicles are prohibited on state parks, recreation areas and preserves except on constructed and designated roads, parking lots and campgrounds.

b. Persons with physical disabilities. Persons with physical disabilities may use certain motor vehicles on state parks, recreation areas and preserves, according to restrictions set out in this rule, in order that they might enjoy such uses as are available to others.

(1) Definition. For purposes of this subrule, the following definition shall apply. "Motor vehicles" means any self-propelled vehicle, electric or gas, having at least three wheels, but no more than six, and that is limited in engine displacement to less than 800 cubic centimeters and in total dry weight to less than 1,450 pounds.

(2) Permits.

1. Each person with a physical disability must have a permit issued by the director in order to use motor vehicles on state parks, recreation areas, and preserves. Such permits will be issued without charge. Applicants must submit certificates from their doctors stating that the applicants meet the criteria describing a person with physical disabilities. One nonhandicapped companion of a permit holder is covered under the condition of this permit.

2. Existing permits. Those persons possessing a valid permit for use of a motorized vehicle on game management areas as provided in 571--51.7(461A) may use a motor vehicle to gain access to recreational opportunities and facilities within state parks, recreation areas and preserves.

(3) Approved areas. A permit holder must contact the park ranger or natural resource technician of the specific area that the permit holder wishes to use on each visit. The park ranger or technician will determine which areas or portions of areas will not be open to use by permittees, in order to protect the permittee from hazards or to protect certain natural resources of the area. The park ranger or technician may assist by arranging access to the areas within their jurisdiction and by designating specific sites or trails on the area where the motor vehicle may be used and where it may not be used. The park ranger or technician will provide a map of the park or recreation area showing sites where use is permitted and bearing the signature of the ranger or technician.

(4) Exclusive use. The issuance of a permit does not imply that the permittee has exclusive use of an area. Permittees shall take reasonable care so as not to unduly interfere with the use of the area by others.

(5) Prohibited acts and restrictions.

1. Except as provided in 61.5(15)"a," the use of a motor vehicle on any park, recreation area or preserve by a person without a valid permit or at any site not approved on a signed map is prohibited. Permits and maps must be carried by the permittee at any time the permittee is using a motor vehicle on a park, recreation or preserve and must be exhibited to any department employee or law enforcement official upon request.

2. The speed limit for an approved motor vehicle off roadways will be no more than 15 mph. Permittees found exceeding the speed limit will have the permit revoked.

3. Any person found causing damage to cultural and natural features or abusing the privilege of riding off-road within the park will have the permit revoked.

(6) Employees exempt. Restrictions in subrule 61.5(15) shall not apply to department personnel, law enforcement officials, or other authorized persons engaged in research, management or enforcement when in performance of their duties.

ITEM 6. Amend rule 571--61.6(461A) by adding the following new subrule:

61.6(10) Wapsipinicon State Park, Jones County. The recreation area portion of the park is closed to the public from 10:30 p.m. to 4 a.m.

ARC 8071A

Pursuant to the authority of Iowa Code sections 99D.7 and 99F.4, the Iowa Racing and Gaming Commission hereby gives Notice of Intended Action to amend Chapter 1, "Organization and Operation," Chapter 5, "Applications for Track Licenses and Racing Dates," and Chapter 20, "Application Process for Excursion Boats and Racetrack Enclosure Gaming License," Iowa Administrative Code.

Item 1 does not allow the operation of a satellite terminal on an excursion gambling boat or within a racetrack enclosure.

Item 2 limits the location and number of racetracks and number of slot machines and gambling games at racetrack enclosures.

Item 3 limits the number and locations of licenses to conduct gambling games on excursion boats.

Any person may make written suggestions or comments on the proposed amendments on or before July 7, 1998. Written material should be directed to the Racing and Gaming Commission, 717 E. Court, Suite B, Des Moines, Iowa 50309. Persons who wish to convey their views orally should contact the Commission office at (515)281-7352.

Also, there will be a public hearing on July 7, 1998, at9 a.m. in the IMTA auditorium located next to the Racing and Gaming Commission Office, 717 E. Court, Suite B, Des Moines, Iowa. Persons may present their views at the public hearing either orally or in writing.

These amendments are intended to implement Iowa Code chapters 99D and 99F.

The following amendments are proposed.

ITEM 1. Amend rule 491--1.6(99D,99F) by adding the following new subrule:

1.6(4) Satellite terminal. A licensee shall not permit the operation of a satellite terminal as defined in Iowa Code section 527.2, or any other device or arrangement, by which credit is given or cash dispensed to a licensee's customer, on an excursion gambling boat or within a racetrack enclosure. This provision, however, does not prohibit:

a. The exchange of money for tokens, chips, or other forms of credit to be wagered on gambling games as specifically authorized by Iowa Code section 99F.9;

b. The payment of winnings at a racetrack, racetrack enclosure or on an excursion gambling boat; or

c. The sale of food, beverages, or other products by credit card purchase.

ITEM 2. Amend rule 491--5.1(99D) by adding the following new subrule:

5.1(5) Limitation on location and number of racetracks and number of slot machines and gambling games at racetrack enclosures.

a. The number of licenses to conduct horse racing shall be one for a racetrack located in Polk County and the number of licenses to conduct dog racing shall be two, one for a racetrack located in Dubuque County and one for a racetrack located in Pottawattamie County.

b. Notwithstanding paragraph "a" above, with the approval of the commission:

(1) A licensed racetrack and its facilities may be sold and a new license may be issued for operation in the same county.

(2) A licensed racetrack may move to a new location within the same county.

(3) If a racetrack license is surrendered, not renewed, or revoked, a new license may be issued for operation in the same county.

c. A licensee shall not increase the number of gambling games or slot machines at a racetrack enclosure, but with the approval of the commission may operate replacement or substitute gambling games or slot machines.

ITEM 3. Amend 491--Chapter 20 by adding the following new rule:

491--20.22(99F) Limitation on the number and locations of licenses to conduct gambling games on excursion boats.

20.22(1) The total number of licenses issued to conduct gambling games on excursion boats shall not exceed ten and shall be restricted to the counties where such boats were operating (or licensed to operate in the future) as of May 1, 1998.

20.22(2) Notwithstanding subrule 20.22(1), with the approval of the commission:

a. A licensed excursion gambling boat may move to a new location within the same county.

b. A licensed excursion gambling boat and its facilities may be sold and a new license issued for operation in the same county.

c. If a license to conduct gambling games on an excursion gambling boat is surrendered, not renewed, or revoked, a new license may be issued for operation in the same county.

20.22(3) A licensee shall not increase the number of gambling games or slot machines on an excursion gambling boat, but with the approval of the commission may operate replacement or substitute gambling games or slot machines.

The purpose of this rule making is to implement 40 CFR Sections 63.40 through 63.44, as mandated by Section 112(g) of the Clean Air Act. This section of the Act requires case-by-case maximum available control technology (MACT) determinations to be made for facilities proposing to construct or reconstruct major sources of hazardous air pollutants (HAP), unless a HAP emission standard for the source category has been promulgated under 40 CFR Part 63. For facilities considering constructing or reconstructing such a source, this rule making would require the submittal of a MACT determination application in addition to the air construction permit application.

These amendments make the necessary additions and revisions to existing programs and procedures that are required to implement 40 CFR Sections 63.40 through 63.44.

In compliance with Iowa Code section 17A.4(2), the Commission finds that notice and public participation are impracticable because of the federal requirement to implement this program.

The Commission also finds, pursuant to Iowa Code section 17A.5(2)"b"(1), that the normal effective date of the amendments should be waived and these amendments should be made effective June 29, 1998, because of the deadline for states to implement the federal requirements.

The amendments are also published herein under Notice of Intended Action as ARC 8084A to allow public comment.

These amendments may impact small businesses.

These amendments will become effective June 29, 1998.

These amendments are intended to implement Iowa Code section 455B.133.

The following amendments are adopted.

ITEM 1. Amend rule 567--20.2(455B) by adding the following new definitions in alphabetical order:

"Maximum achievable control technology (MACT)" means the following regarding regulated hazardous air pollutant sources:

1. For existing sources, the emissions limitation reflecting the maximum degree of reduction in emissions that the administrator or the department, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by sources in the category of stationary sources, that shall not be less stringent than the MACT floor.

2. For new sources, the emission limitation which is not less stringent than the emission limitation achieved in practice by the best-controlled similar source and which reflects the maximum degree of reduction in emissions that the administrator or the department, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the affected source.

"Maximum achievable control technology (MACT) floor" means the following:

1. For existing sources, the average emission limitation achieved by the best 12 percent of the existing sources in the United States (for which the administrator or the department has or could reasonably obtain emissions information), excluding those sources that have, within 18 months before the emission standard is proposed or within 30 months before such standard is promulgated, whichever is later, first achieved a level of emission rate or emission reduction which complies, or would comply if the source is not subject to such standard, with the lowest achievable emission rate applicable to the source category and prevailing at the time, for categories and subcategories of stationary sources with 30 or more sources in the category or subcategory, or the average emission limitation achieved by the best-performing five sources in the United States (for which the administrator or the department has or could reasonably obtain emissions information), for a category or subcategory of stationary sources with fewer than 30 sources in the category or subcategory.

2. For new sources, the emission limitation achieved in practice by the best-controlled similar source.

ITEM 2. Amend subrule 22.1(1) as follows:

22.1(1) Permit required. Unless exempted in subrule 22.1(2), no person shall construct, install, reconstruct or alter any equipment, control equipment or anaerobic lagoon without first obtaining a construction permit, or conditional permit, or permit pursuant to 22.8(455B), or permits required pursuant to 22.4(455B) and 22.5(455B) as required in this subrule. A permit shall be obtained prior to the initiation of construction, installation or alteration of any portion of the stationary source or anaerobic lagoon. Existing sources built prior to September 23, 1970, are not subject to this subrule, unless they have been modified, reconstructed, or altered on or after September 23, 1970.

a. Existing sources. Sources built prior to September 23, 1970, are not subject to this subrule, unless they have been modified, reconstructed, or altered on or after September 23, 1970.

b. New or reconstructed major sources of hazardous air pollutants. No person shall construct or reconstruct a major source of hazardous air pollutants, as defined in 40 CFR 63.41 as amended through December 27, 1996, unless a construction permit has been obtained from the department, which requires maximum achievable control technology for new sources to be applied. The permit shall be obtained prior to the initiation of construction or reconstruction of the major source.

ITEM 3. Amend subrule 22.1(3), paragraph "b," by adding a new subparagraph as follows:

(8) Application for a case-by-case MACT determination. If the source meets the definition of construction or reconstruction of a major source of hazardous air pollutants, as defined in paragraph 22.1(1)"b," then the owner or operator shall submit an application for a case-by-case MACT determination, as required in subparagraph 23.1(4)"b"(1), with the construction permit application. In addition to this paragraph, an application for a case-by-case MACT determination shall include the following information:

1. The hazardous air pollutants (HAP) emitted by the constructed or reconstructed major source, and the estimated emission rate for each HAP, to the extent this information is needed by the permitting authority to determine MACT;

2. Any federally enforceable emission limitations applicable to the constructed or reconstructed major source;

3. The maximum and expected utilization of capacity of the constructed or reconstructed major source, and the associated uncontrolled emission rates for that source, to the extent this information is needed by the permitting authority to determine MACT;

4. The controlled emissions for the constructed or reconstructed major source in tons/yr at expected and maximum utilization of capacity to the extent this information is needed by the permitting authority to determine MACT;

5. A recommended emission limitation for the constructed or reconstructed major source consistent with the principles set forth in 40 CFR Part 63.43(d) as amended through December 27, 1996;

6. The selected control technology to meet the recommended MACT emission limitation, including technical information on the design, operation, size, estimated control efficiency of the control technology (and the manufacturer's name, address, telephone number, and relevant specifications and drawings, if requested by the permitting authority);

7. Supporting documentation including identification of alternative control technologies considered by the applicant to meet the emission limitation, and analysis of cost and non-air quality health environmental impacts or energy requirements for the selected control technology;

8. An identification of any listed source category or categories in which the major source is included.

ITEM 4. Amend subrule 23.1(4), introductory paragraph, as follows:

23.1(4) Emission standards for hazardous air pollutants for source categories. The federal standards for emissions of hazardous air pollutants for source categories, 40 Code of Federal Regulations Part 63 as amended through August 11, 1997, are adopted by reference, except 40 CFR SSSS 63.12, 63.14, 63.15, 63.40 through 63.44, 63.40(a), 63.42(a), (b), 63.43(c), (f)-(m), 63.50, 63.560(b), (e)(2), (3), and 63.562 (c), (d), and shall apply to the following affected facilities. The corresponding 40 CFR Part 63 subpart designation is in parentheses. Test methods (Appendix A), sources defined for early reduction provisions (Appendix B), and determination of the fraction biodegraded (F_bio) in the biological treatment unit (Appendix C) of Part 63 also apply to the affected activities or facilities. For the purposes of this subrule "Hazardous air pollutant" has the same meaning found in 567--22.100(455B). For the purposes of this subrule a "major source" means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless a lesser quantity is established, or in the case of radionuclides, where different criteria are employed. For the purposes of this subrule an "area source" means any stationary source of hazardous air pollutants that is not a major stationary source as defined in this paragraph. Paragraph 23.1(4)"a," general provisions (Subpart A) of Part 63, shall apply to owners or operators who are subject to subsequent subparts of 40 CFR 63 (except when otherwise specified in a particular subpart or in a relevant standard) as adopted by reference below.

ITEM 5. Amend subrule 23.1(4), paragraph "b," as follows:

b. Requirements for control technology determinations for major sources in accordance with Clean Air Act Sections 112(g) and 112(j). (Subpart B)

(1) Section 112(g) requirements. For the purposes of this subparagraph, the definitions shall be the same as the definitions found in 40 CFR 63.41 as amended through December 27, 1996. The owner or operator of a new or reconstructed major source of hazardous air pollutants must apply maximum achievable control technology (MACT) for new sources to the new or reconstructed major source. If the major source in question has been specifically regulated or exempted from regulation under a standard issued pursuant to Section 112(d), Section 112(h), or Section 112(j) of the Clean Air Act and incorporated in another subpart of 40 CFR Part 63, or the owner or operator of such major source has received all necessary air quality permits for such construction or reconstruction project before June 29, 1998, then the major source in question is not subject to the requirements of this subparagraph. The owner or operator of an affected source shall apply for a construction permit as required in 567--paragraph 22.1(1)"b." The construction permit application shall contain an application for a case-by-case MACT determination for the major source.

(2) Section 112(j) requirements. The owner or operator of a new or existing major source of hazardous air pollutants which includes one or more stationary sources included in a source category or subcategory for which the U.S. Environmental Protection Agency has failed to promulgate an emission standard within 18 months of the deadline established under 112(d) must submit an application for a Title V permit or an application for a significant permit modification or for an administrative amendment, whichever is applicable. The application must be made in accordance with procedures established under Title V, by the Section 112(j) deadline. In addition, the owner or operator of a new emission unit may submit an application for a Notice of MACT Approval before construction. (Subpart B)

ARC 8082A

The Natural Resource Commission approved an amendment to subrule 61.3(3) at their February 12, 1998, meeting which changed the rental rate for the shelter at Pleasant Creek Recreation Area. Due to a typographical error, an incorrect rental rate was listed. This amendment corrects this error.

In compliance with Iowa Code section 17A.4(2), the Commission finds that notice and public participation are unnecessary because ARC 7871A in the March 11, 1998, Iowa Administrative Bulletin contained a typographical error; the rental rate at Pleasant Creek Recreation Area should not have been changed. The rate should be $50.

The Commission also finds, pursuant to Iowa Code section 17A.5(2)"b"(2), that the normal effective date of the amendment should be waived and this amendment should be made effective on filing, as it confers a benefit on the public by correcting an error in the previously filed amendment which will help to avoid confusion as to the rental rate for the facility.

This amendment is intended to implement Iowa Code sections 461A.3, 461A.46, 461A.51, and 461A.57.

This amendment became effective May 29, 1998.

The following amendment is adopted.

Amend subrule 61.3(3), paragraph "a," as follows:

a. Enclosed shelters

Per Day

A.A. Call State Park, Kossuth County $55

Backbone State Park Auditorium,
Delaware County** 40

Backbone State Park, Delaware County 100

Bellevue State Park -
Nelson Unit, Jackson County 80

Big Creek State Park, Polk County 175

Clear Lake State Park, Cerro Gordo County 80

Dolliver Memorial State Park -
Central Lodge, Webster County** 40

Dolliver Memorial State Park -
South Lodge, Webster County 55

Ft. Defiance State Park, Emmet County 40

George Wyth Recreation Area,
Black Hawk County** 50

Gull Point State Park, Dickinson County 100

Lacey-Keosauqua State Park,
Van Buren County 60

Lake Ahquabi State Park, Warren County 60

Lake Keomah State Park, Mahaska County 50

Lake of Three Fires State Park, Taylor County 55

Lake Wapello State Park, Davis County 60

Lewis and Clark State Park, Monona County 40

Palisades-Kepler State Park, Linn County 100

Pine Lake State Park, Hardin County 60

Pleasant Creek Recreation Area, Linn County** 60 50

Stone State Park, Woodbury County 100

Walnut Woods State Park, Polk County 110

Wapsipinicon State Park, Jones County

Heated year-round shelter 40

Unheated seasonal shelter 30

**Do not contain kitchen facilities

These amendments delineate the reference requirements for licensure by comity, allow for a deviance from the stringency of the current tutelage requirement, and will dissuade licensees from altering the wording on the certificate of responsibility.

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 25, 1998, as ARC 7850A. These amendments are identical to the Notice except for a minor wording change in 1.30(4). Because of public comment, the phrase "certification block shall conform to the sample" was changed to "certification shall conform to the wording in the sample".

These amendments are intended to implement Iowa Code sections 542B.14 and 542B.16.

These amendments will become effective on July 22, 1998.

The following amendments are adopted.

ITEM 1. Amend rule 193C--1.4(542B) by adding the following new numbered paragraph "5":

5. References. An applicant for a Principles and Practice Examination or for licensure by comity shall submit five references, at least three of which shall be from licensed professional engineers or land surveyors as appropriate on forms provided by the board. At least two of the references shall be from a supervisor of the applicant.

ITEM 2. Amend subrule 1.4(2) as follows:

1.4(2) Practical experience requirements. Practical engineering or land surveying experience is required prior to licensing. The purpose of such requirement is to ensure that the applicant has acquired the professional judgment, capacity and competence to design engineering works, structures, and systems or to determine land boundaries. The following guidelines will be considered by the board in determining whether an applicant's experience satisfies the statutory requirements.

a. Quality. Experience should be of such quality as to demonstrate that the applicant has developed technical skill and initiative in the correct application of surveying or engineering principles. Such experience further should demonstrate the capacity to review the applications of these principles by others and to assume responsibility for surveying or engineering work of professional character. To be readily acceptable, an applicant's experience should be under the tutelage of a professional engineer or land surveyor.

An applicant, who is an engineer intern and whose tutelage or portion of tutelage has not been under a licensed professional engineer, must submit a cover letter to the board requesting consideration of such experience along with the application. The applicant shall also submit a letter of reference from the applicant's supervisor(s). The letter of reference shall assess the applicant's performance, development, integrity, and ability to assume responsible charge and shall contain a description of the supervisor's background in education and experience and the nature of the tutelage provided to the applicant. The board may require the applicant to submit additional letters of reference or other evidence of suitable tutelage. The board may require an oral interview with the applicant or other evidence to verify the applicant's knowledge and experience in the principles and practice of engineering. The board may conduct interviews with persons providing tutelage to the applicant.

b. to e. No change.

ITEM 3. Amend subrule 1.30(4), introductory paragraph and first sample, as follows:

1.30(4) Each engineering or land surveying document submitted to a client or any public agency, hereinafter referred to as the official copy (or official copies), shall contain an information block on its first page or on an attached cover sheet for application of a seal by the licensee in responsible charge and an information block for application of a seal by each professional consultant contributing to the submission. The seal and original signature shall be applied only to a final submission. Each official copy (or official copies) of a submission shall be stapled, bound or otherwise attached together so as to clearly establish the complete extent of the submission. Each certification block shall display the seal of the licensee and shall designate the portion of the submission for which that licensee is responsible, so that responsibility for the entire submission is clearly established by the combination of the stated seal responsibilities. The engineering certification block will substantially shall conform to the wording in the sample shown below:

SEAL

I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. (signature) (date) Printed or typed name My license renewal date is December 31, ____________. Pages or sheets covered by this seal:

ARC 8075A

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 8, 1998, as ARC 7912A. This amendment is identical to that published under Notice of Intended Action.

This amendment allows the Division to license service contract companies to be formed as limited partnerships or limited liability corporations. Iowa Code section 523C.2 provides that a licensed service company must be a corporation or other form of organization approved by the commissioner by rule.

This amendment will become effective July 22, 1998.

This rule is intended to implement Iowa Code section 523C.2.

The following amendment is adopted.

Amend rule 191--54.20(523C) as follows:

191--54.20(523C) Service company licenses. A person shall not issue a residential service contract or undertake or arrange to perform services pursuant to a residential service contract unless the person is a corporation, limited liability company, partnership or limited liability partnership and has procured a service company license from the Iowa securities bureau.

ARC 8078A

These rules give the regulations for public use of state game management areas. This amendment establishes the requirement for use of nontoxic shot for hunting migratory birds, resident game and furbearers with a shotgun.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 11, 1998, as ARC 7872A. The only changes from the Notice of Intended Action are the addition of furbearers and the exemption of White Tail Flats in Wright County from nontoxic shot requirements.

This amendment is intended to implement Iowa Code sections 456A.24 and 481A.6.

This amendment shall become effective July 22, 1998.

The following amendment is adopted.

Amend 571--Chapter 51 by adding the following new rule:

571--51.9(481A) Use of nontoxic shot on wildlife areas. It shall be unlawful to hunt any migratory game bird or resident game or furbearers, except deer and turkeys, or target shoot with a shotgun while having in one's possession any shot other than nontoxic shot approved by the U.S. Fish and Wildlife Service on the following wildlife areas:

County	Wildlife Area
Boone	Harrier Marsh
Buena Vista	All state and federal areas except Bluebird Access
Cerro Gordo	All state and federal areas
Clay	All state and federal areas except Burr Access, Dry Mud Lake, Little Sioux, Highbridge, Fen Valley, and the Ocheyedan wildlife area target shooting range
Dickinson	All state and federal areas except Cayler Prairie and the Spring Run target shooting range
Emmet	All state and federal areas except Birge Lake, Grass Lake, Ryan Lake, and the East Des Moines River Access
Greene	All state and federal areas except Rippey Access and McMahon Access
Guthrie	McCord Pond, Lakin Slough and Bays Branch, except the target shooting range at Bays Branch
Hamilton	Little Wall Lake, Gordon Marsh and Bauer Slough
Hancock	All state and federal areas except Schuldt and Goodell
Humboldt	All state and federal areas except Bradgate Access and Willows Access
Kossuth	All state and federal areas except Seneca Access
Osceola	All state and federal areas
Palo Alto	All state and federal areas
Pocahontas	All state and federal areas except Kalsow Prairie
Polk	Paul Errington Marsh
Sac	All state and federal areas except White Horse Access and Sac City Access
Winnebago	All state and federal areas
Worth	All state and federal areas except Brights Lake
Wright	All state and federal areas except White Tail Flats

ARC 8077A

These amendments delete one and add two additional areas to established wildlife refuges. All open water refuges are deleted in subrule 52.1(3).

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 11, 1998, as ARC 7873A. There are no changes from the Notice of Intended Action.

These amendments are intended to implement Iowa Code sections 481A.5, 481A.6, 481A.8 and 481A.39.

These amendments shall become effective July 22, 1998.

The following amendments are adopted.

ITEM 1. Amend subrule 52.1(2), paragraph "a," as follows:

a. Restrictions. The following areas under the jurisdiction of the department of natural resources are established as game refuges where posted. It shall be unlawful to hunt, pursue, kill, trap, or take any wild animal, bird, or game on these areas at any time, and no one shall carry firearms thereon, except where and when specifically authorized by the department of natural resources. It shall also be unlawful to trespass in any manner on the following areas, where posted, between the dates of September 10 and December 25 31 of each year, both dates inclusive, except that department personnel and law enforcement officials may enter the area at any time in performance of their duties, and hunters, under the supervision of department staff, may enter when specifically authorized by the department of natural resources.

Area County

Lake Icaria Adams

Rathbun Area Appanoose

Wildlife Exhibit Area Boone

Sweet Marsh Bremer

Storm Lake Islands Buena Vista

Big Marsh Butler

South Twin Lake Calhoun

Round Lake Clay

Little River Recreation Area Decatur

Allen Green Refuge Des Moines

Kettleson Area Dickinson

Ingham Lake Emmet

Forney Lake Fremont

Riverton Area Fremont

Dunbar Slough Greene

Bays Branch Guthrie

West Twin Lake Hancock

Iowa River Corridor Wildlife Area Iowa

Green Island Area Jackson

Hawkeye Wildlife Area Johnson

Muskrat Slough Jones

Colyn Area Lucas

Red Rock Area Marion, Polk, Warren

Badger Lake Monona

Tieville/Decatur Bend Monona

Five Island Lake Palo Alto

Big Creek-Saylorville Complex Polk

I-35 Area Polk

Smith Area Pottawattamie

Lake View Area Sac

Princeton Area Scott

Prairie Rose Lake Shelby

Otter Creek Marsh Tama

Green Valley Lake Union

Three Mile Lake Union

Lake Sugema Van Buren

Rice Lake Area Winnebago

Snyder Lake Woodbury

Elk Creek Marsh Worth

Lake Cornelia Wright

ITEM 2. Rescind and reserve subrule 52.1(3).

ARC 8080A

The adopted amendments to this chapter accomplish the following:

1. Change the free grower permit from an annual to a five-year permit;

2. Establish a license application period for harvesters' permits;

3. Clarify the license period for harvesters' and dealers' permits;

4. Place a limit on the amount of dry wild ginseng that a harvester may retain after the harvester's permit has expired; and

5. Require harvesters of wild ginseng to harvest only plants that have three or more true leaves ("prongs"). This amendment will bring Iowa's rule into compliance with federal requirements on the export of wild ginseng from the state of Iowa.

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 8, 1998, as ARC 7932A. A public hearing was held April 28, 1998. No comments were received during the public hearing. One written and two verbal comments were received prior to the hearing. In view of the comments received, one change to the Notice of Intended Action was made. The requirement that the entire stalk remain attached to the plant following harvest was dropped in 571--78.7(456A).

These amendments are intended to implement Iowa Code subsection 456A.24(11).

These amendments shall become effective July 22, 1998.

The following amendments are adopted.

ITEM 1. Amend subrule 78.3(1) as follows:

78.3(1) Free grower permit. Growers of cultivated ginseng are required to obtain an annual permit a permit, for which there is no charge, from the department. The permit will expire on March 31 of each year. This permit shall be valid for five years from the date of issuance. Applications for permit renewal must be filed with the department within 60 days of expiration.

ITEM 2. Amend subrule 78.3(2), paragraphs "b," "c," "d," and "f," as follows:

b. Wild ginseng harvesters' permits shall be issued upon filing of an application accompanied by a $10 permit fee with the department of natural resources. The application period shall be from May 15 through October 31 of each year.

c. The wild ginseng harvester's permit shall be valid from September 1 through October 31 March 15 of the following year, both dates inclusive.

d. Harvesters with valid Iowa ginseng harvesters' permits may sell wild ginseng from September 1 of the year harvested through March 15 of the following year following harvest.

f. Ginseng roots retained for personal use beyond March 31 of the year following harvest must be declared and the department notified in writing by April 15 of the year following harvest. Harvesters with valid Iowa ginseng harvesters' permits may retain no more than four ounces of dry wild ginseng for personal consumption for one year beyond the expiration date of the permit.

ITEM 3. Amend subrule 78.3(3), paragraph "c," as follows:

c. The ginseng dealer's permit shall expire March 31 of the year following harvest be valid from September 1 until August 31 of the following year.

ITEM 4. Amend subrule 78.4(3) as follows:

78.4(3) Each permitted dealer shall submit an annual report to the department on forms provided by the department for all purchases and sales of cultivated and wild ginseng. These reports shall be submitted to the department by April 15 following the end of the expiration of the dealer's permit. These reports shall cover all sales and purchases from September 1 of the year of the harvest through March 31 of the following year following harvest.

ITEM 5. Amend rule 571--78.7(456A) as follows:

571--78.7(456A) Restrictions. Wild ginseng plants shall be harvested only if they possess three or more true leaves ("prongs"). When harvesting wild ginseng, harvesters shall plant all seeds from harvested plants within 100 feet of the parent plants. Seed from wild ginseng may not be sold or transported away from the site of the parent plant.

ARC 8076A

These rules give the regulations for taking migratory game birds. This amendment allows for changes in regulations for the taking of snow geese during special snow geese seasons.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 11, 1998, as ARC 7875A. This amendment is identical to that published under Notice of Intended Action.

This amendment is intended to implement Iowa Code section 481A.48.

This amendment will become effective August 1, 1998.

The following amendment is adopted.

Amend rule 571--92.3(481A) by adding the following new subrule:

92.3(11) By any of the methods or means prohibited in this rule unless such methods or means have been approved by the U.S. Fish and Wildlife Service for the taking of snow geese during special snow-goose-only seasons or snow-goose-only hunts.

ARC 8091A

These rules give the seasons for hunting wild turkey during the fall and include season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and method of take and transportation tag requirements. This amendment changes the quota of turkey licenses to be issued to residents in Zones 4 and 7.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 11, 1998, as ARC 7877A. Comments were received during the comment period which resulted in the expansion of Zone 6. The only change from the Notice of Intended Action is to extend the west boundary of Zone 6 to Highway 218 and Highway 14.

These amendments are intended to implement Iowa Code sections 481A.38, 481A.39, 481A.48, 483A.1 and 483A.7.

These amendments will become effective July 22, 1998.

The following amendments are adopted.

ITEM 1. Amend subrule 99.2(1), paragraph "f," as follows:

f. Zone 6. Zone 6 is that portion of Iowa bounded on the south by Interstate Highway 80 and on the west by U.S. Highway 63 218 from the Minnesota border to U.S. Highway 14 at Charles City, U.S. Highway 14 to U.S. Highway 20, U.S. Highway 20 east to U.S. Highway 63 and U.S. Highway 63 to Interstate Highway 80.

ITEM 2. Amend 571--99.5(481A) as follows:

571--99.5(481A) License quotas. A limited number of wild turkey hunting licenses will be issued to residents in the zones as follows:

1. Zone 1. 50

2. Zone 2. 50

3. Zone 3. 50

4. Zone 4. 1,000 2,000

5. Zone 5. 300

6. Zone 6. 3,000

7. Zone 7. 100 200

ARC 8090A

These rules give the regulations for hunting game birds by falconry and include season dates, bag limits, possession limits, hawking hours, and areas open to hunting. Changes are being made to bring the rule into compliance with federal regulations.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 11, 1998, as ARC 7878A. There are no changes from the Notice of Intended Action.

This amendment is intended to implement Iowa Code sections 481A.38, 481A.39, 481A.48 and 482A.7.

This amendment shall become effective July 22, 1998.

The following amendment is adopted.

Amend subrule 102.2(3) as follows:

102.2(3) Rails, snipe and woodcock. The seasons for taking rails, snipe and woodcock by means of falconry shall begin each year on the first day of the conventional (gun)hunting seasons for these species, as described inrules 571--97.1(481A), 571--97.2(481A), and 571-- 97.3(481A), and continue for 107 consecutive days. The entire state is open for these species. The hours for taking rails, snipe, and woodcock taken by means of falconry, and the daily bag and possession limits for rails, snipe, and woodcock taken by means of falconry, shall be the same as described for the conventional (gun) rail, snipe, and woodcock hunting seasons in rules 571--97.1(481A), 571-- 97.2(481A), and 571--97.3(481A).

ARC 8089A

These rules give the regulations for hunting deer in special designated deer management units.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 11, 1998, as ARC 7879A. The following changes were made to the Notice of Intended Action:

1. Several minor wording changes were made to simplify and clarify intent.

2. Hunters at the IAAP will be able to purchase more than one antlerless deer license.

3. The first antlerless license issued to an individual in a special deer management unit will cost $25. Any additional antlerless licenses issued to the same individual for that unit will cost $10, as mandated in 1998 Iowa Acts, House File 2290.

This amendment is intended to implement Iowa Code sections 481A.38, 481A.39 and 481A.48.

This amendment will become effective July 22, 1998.

The following amendment is adopted.

Rescind 571--Chapter 105 and insert the following new chapter in lieu thereof:

571--105.2(481A) Definitions.

"Area" means recreation areas as designated in 571--61.2(461A).

"Department" means the department of natural resources.

"Special deer management zone" means defined units of public and private land.

"Urban" means areas mostly within incorporated city limits including county and state land.

571--105.3(481A) Designated areas.

105.3(1) State park and recreation areas.

105.3(2) Urban deer management units.

105.3(3) Iowa Army Ammunition Plant Deer Management Unit.

105.3(4) County park deer management units.

105.3(5) Special deer management zones.

571--105.4(481A) Conditions. The hunting of deer shall be permitted subject to the following conditions, limitations and procedures.

105.4(1) State parks and recreation areas.

a. Deer hunting on the area may occur only when approved by the natural resource commission and on dates established by the commission. Before presenting its recommendations to the commission, the department shall hold a public meeting in the vicinity of any state park or recreation area for the purpose of assessing the need for and interest in holding a deer population control hunt in that park or recreation area. A summary of public comments received at the meeting shall be included with other recommendations related to hunting the state park or recreation area.

b. Every hunter must have in possession a paid special antlerless-deer-only hunting license valid only for the specific state park or recreation area.

c. If the commission approves a hunting season, the commission shall establish the number of special antlerless-deer-only licenses valid only for each state park or recreation area which shall be valid only for the season specified.

d. The special licenses will be issued on a first-come, first-served basis at the specified locations on dates announced by the commission.

e. Special antlerless-deer-only licenses shall normally be limited to one per person, shall be issued to Iowa residents only and shall cost $25. The commission may establish procedures for issuing more than one license per person if quotas for any hunt do not fill. If more than one antlerless license is allowed, all antlerless licenses issued after the first license shall cost $10.

f. Only 10-, 12-, 16- or 20-gauge shotguns, shooting single slugs only, and flintlock and percussion cap lock muzzleloaded rifles or muskets of not less than .44 caliber nor larger than .775 caliber, shooting single projectiles only, or recurve, compound or longbows shooting broadhead arrows will be permitted.

g. All licensees shall attend a special meeting prior to hunting in a state park or recreation area to become familiar with boundaries, location of private lands, safety areas around buildings, access points, objectives of the hunt and other aspects of hunting on a special deer population management area.

h. All licensees who are successful during the hunt must check their deer at the designated headquarters prior to leaving the area.

105.4(2) Urban deer management units.

a. Special urban deer management units will be defined and seasons and method of take established upon request from the city or special deer task force and approved by the natural resource commission.

b. Deer hunting in the unit may occur only when approved by the natural resource commission according to the number, type of license, and dates established by the commission.

c. Every hunter must have in possession a current paid special deer license for the city specified.

d. Special urban deer licenses shall cost $25 and shall be issued to Iowa residents only. The commission may establish procedures for issuing more than one license per person if quotas for any hunt do not fill. If more than one antlerless license is allowed, all antlerless licenses issued after the first license shall cost $10.

e. Cities, deer task forces, or other public entities may require hunters to do one or more of the following: pass a hunter safety and education course, pass a weapons proficiency test, or be approved by the appropriate police department or conservation officer.

f. Hunting in urban deer management units shall be limited to areas specified by the natural resource commission and city ordinance.

g. Other methods of deer removal in urban areas may be approved by the natural resource commission in cooperation with the city government.

105.4(3) Iowa Army Ammunition Plant (IAAP) deer management unit.

a. The deer management unit is defined as all federal land administered by the IAAP.

b. A maximum of 500 antlerless deer licenses shall be issued by the IAAP on a first-come, first-served basis.

c. Every hunter must have in possession a current paid special antlerless deer license for the IAAP only.

d. Special antlerless deer licenses will be valid for the IAAP only and hunters must comply with all applicable regulations provided in 571--Chapter 106.

e. Special antlerless-only deer licenses for the IAAP deer management unit shall cost $25 and shall be issued to Iowa residents only. The commission may establish procedures for issuing more than one license per person if quotas for any hunt do not fill. If more than one antlerless license is allowed, all antlerless licenses issued after the first license shall cost $10.

f. All hunters must comply with IAAP requirements.

105.4(4) County park deer management units.

a. Deer hunting in the unit may occur only when approved by the natural resource commission according to the number, type of license, and dates established by the commission.

b. Every hunter must have in possession a paid special deer license valid only for the specified county park.

c. Special deer licenses valid only for specified county parks shall be issued for specified deer seasons and shall be valid only for the specified dates.

d. The special licenses issued for each season will be issued on a first-come, first-served basis at the location and dates announced by the natural resource commission.

e. The special deer licenses for each deer management area shall cost $25 and shall be issued to Iowa residents only. The commission may establish procedures for issuing more than one license per person if quotas for any hunt do not fill. If more than one antlerless license is allowed, all antlerless licenses issued after the first license shall cost $10.

f. Only 10-, 12-, 16- or 20-gauge shotguns, shooting single slugs only, and flintlock and percussion cap lock muzzleloaded rifles or muskets of not less than .44 caliber nor larger than .775 caliber, shooting single projectiles only, or archery equipment will be permitted.

g. County park managers may require licensees to pass a shooting proficiency test and attend a special meeting prior to hunting to become familiar with boundaries, location of private lands, safety areas around buildings, access points, objectives of the hunt and other aspects of hunting on a special deer population management area.

h. All licensees who are successful during the hunt must check their deer at the designated headquarters prior to leaving the area.

105.4(5) Special deer management zones.

a. Special deer management zones may be established as defined and approved by the natural resource commission.

b. The commission shall establish seasons, method of take and manner of issuing special antlerless-deer-only licenses valid only for each special deer management zone.

c. Every hunter must have in possession a current paid special antlerless-only deer license for the specified deer management zone.

d. The special deer zone licenses will be valid only for a specific deer management zone and hunters must comply with all applicable regulations provided in 571--Chapter 106.

e. Local authorities may implement additional requirements.

These rules are intended to implement Iowa Code sections 481A.38, 481A.39 and 481A.48.

ARC 8088A

These rules give the regulations for hunting deer during the fall and include season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of taking and transportation tag requirements.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 11, 1998, as ARC 7880A. The following are changes from the Notice of Intended Action.

1. Handguns are now allowed in all seasons except bow and early muzzleloader, requiring changes to subrules 106.2(4), 106.7(2) and 106.7(3).

2. Free landowner/tenant licenses for the regular gun seasons will be valid for both regular gun seasons.

3. Fremont County is added to the special antlerless zone with a quota of 300 antlerless licenses. The number of licenses in Adams, Appanoose, Henry, Lucas and Montgomery counties is increased.

4. Application deadlines for free bow and special late season licenses are extended.

5. Editorial changes are made to subrule 106.8(2) for clarification of intent. A license fee of $10 for second and subsequent antlerless licenses is added to 106.8(2) as required in 1998 Iowa Acts, House File 2290.

6. A special hunt for severely disabled persons is established.

7. Changes have been made in 571--106.11(481A) to reduce the requirement for eligibility for deer depredation permits to $1,000 and to limit fencing costs in deer damage plans to $1,000 as required in 1998 Iowa Acts, House File 2290.

These amendments are intended to implement Iowa Code sections 481A.38, 481A.39 and 481A.48.

These amendments shall become effective July 22, 1998.

The following amendments are adopted.

ITEM 1. Amend subrules 106.1(2) and 106.1(3) and adopt new subrule 106.1(4) as follows:

106.1(2) Regular gun season license. Paid regular gun season licenses will be valid for antlered deer, any sex deer or antlerless deer depending on the county or zone hunted. and Licenses shall be valid statewide for the season designated on the license. , except that antlerless licenses shall be valid only in one county in the special antlerless zone. Antlered deer are defined as those deer having at least one 3-inch 7-inch antler.

Paid regular gun season licenses will be issued by season and will be valid for the designated season only.

106.1(3) Muzzleloader season. Paid muzzleloader season licenses shall be valid during one of the muzzleloader seasons for antlered deer, any sex deer, or antlerless deer depending on the county or zone hunted. Licenses will be valid only statewide for the season designated on the license. , except that antlerless licenses shall be valid only in one county in the special antlerless zone. Antlered deer are defined as those deer having at least one 3-inch 7-inch antler.

106.1(4) Special late season. Paid special late season deer licenses will be valid only for antlerless deer during the special late season in one of the counties in the special ant-lerless zone.

ITEM 2. Adopt new subrule 106.2(4) as follows:

106.2(4) Special late season. Antlerless deer may be taken by shotgun, muzzleloading rifle, handgun or bow as permitted in 571--106.7(481A) from January 11, 1999, through January 17, 1999. All participants must meet the hunter orange requirements in Iowa Code section 481A.122. All other regulations for taking deer with a firearm shall apply.

ITEM 3. Amend subrule 106.3(3) as follows:

106.3(3) Muzzleloader seasons and special late season. Legal shooting hours for hunting deer during the muzzleloader seasons and special late season shall be one-half hour before sunrise to one-half hour after sunset each day, regardless of weapon used.

ITEM 4. Adopt new subrule 106.4(4) and renumber existing subrule 106.4(4) as 106.4(5) as follows:

106.4(4) Special late season. Daily bag and possession limit is one deer per license. Tagging requirements are the same as for the regular gun seasons.

106.4(4) 106.4(5) Maximum annual possession limit. The maximum annual possession limit is one deer for each legal transportation tag obtained from the department of natural resources or county recorder.

ITEM 5. Amend subrule 106.5(2) as follows:

106.5(2) Paid second antlerless deer licenses. Paid second antlerless deer licenses for the bow season, second regular gun season, and late muzzleloader season and special late season shall be valid only for antlerless deer and only in the following counties (special antlerless zone): Adair, Montgomery, Page, Fremont, Adams, Taylor, Union, Ringgold, Clarke, Decatur, Lucas, Wayne, Monroe, Appanoose, Wapello, Davis, Jefferson, Van Buren, Henry, Lee and that portion of Washington County lying south of U.S. Highway 92.

ITEM 6. Amend subrule 106.5(3) as follows:

106.5(3) Free landowner/tenant licenses. Free land-owner/tenant licenses shall be valid for deer of either sex taken on the landowner/tenant's farm unit during the season designated on the license. , except free regular gun season licenses shall be valid for both of the following periods: for five consecutive days beginning the first Saturday in December, and for nine consecutive days beginning the second Saturday in December.

ITEM 7. Amend subrule 106.6(5) as follows:

106.6(5) Special antlerless-only licenses. Antlerless-only permits will be available by county to all eligible individuals on a first-come, first-served basis by drawing as follows:

Adams, 300 600; Appanoose, 400 800; Clarke, 300 500; Davis, 700 1,000; Decatur, 500 800; Fremont, 300; Jefferson, 300 500; Lucas, 200 300; Monroe, 400 700; Ringgold, 500 800; Taylor, 500 800; Union, 300 500; Van Buren, 750 1,100; Wapello, 300 500; Wayne, 200 300; Adair, 300; Page, 200; Montgomery, 200 300; Washington, 100 300; Henry, 100 300; and Lee, 200 300.

ITEM 8. Adopt new subrule 106.6(6) as follows:

106.6(6) Special late season. Hunters may obtain special late season licenses subject to quotas for each county regardless of any other deer licenses they may have obtained.

ITEM 9. Amend subrules 106.7(2) and 106.7(4) as follows:

106.7(2) Regular gun seasons. Only 10-, 12-, 16- and 20-gauge shotguns, shooting single slugs only, and flintlock or percussion cap lock muzzleloaded rifles or muskets of not less than .44 nor larger than .775 caliber, shooting single projectiles only, and handguns as described in 106.7(3) will be permitted in taking deer during the regular gun seasons.

106.7(4) Prohibited weapons and devices. The use of dogs, domestic animals, bait, rifles other than muzzleloaded, handguns except as provided in 106.7(2) and 106.7(3), crossbows except as otherwise provided, automobiles, aircraft, or any mechanical conveyance or device, including electronic calls, is prohibited, except that paraplegics and single or double amputees of the legs may hunt from any stationary motor-driven land conveyance. "Bait" means grain, fruit, vegetable, nuts, hay, salt, mineral blocks, or any other natural food materials; commercial products containing natural food materials; or by-products of such materials transported to or placed in an area for the intent of attracting wildlife. Bait does not include food placed during normal agricultural activities. "Paraplegic" means an individual with paralysis of the lower half of the body with involvement of both legs, usually due to disease of or injury to the spinal cord. It shall be unlawful for a person, while hunting deer, to have on their person a handgun or rifle other than a muzzleloading rifle that meets the requirements of 106.7(3), or to have on their person a handgun during the bow and early muzzleloader seasons.

ITEM 10. Amend subrules 106.8(1) and 106.8(2) as follows:

106.8(1) County recorder--issuance. All freelandowner/tenant deer licenses issued to qualifying landowners or tenants shall be issued by the county recorder's office in the county of residence. Regular shotgun and late muzzleloader season licenses shall be issued through the first Friday in November. Special late season licenses and bow licenses shall be issued through January 10. Additional paid deer licenses must be purchased through the department of natural resources.

106.8(2) Regular gun, and late muzzleloader season and antlerless licenses. All applications for paid regular gun, and late muzzleloader season, special late season and antlerless bow licenses shall be made on forms provided by the department of natural resources and returned to the department of natural resources office in Des Moines, Iowa. Applications for all statewide licenses and the first antlerless license must be accompanied by $25 for each license. Applications for all antlerless licenses after the first antlerless license must be accompanied by $10 for each license. Only individual applications will be accepted. Applications will be received and accepted from the second Monday in July through the last Friday in August or if the application form bears a valid and legible U.S. Postal Service postmark prior to that date. If any county quota for antlerless-only licenses (including bow) is not filled by the last Friday in August, applications will be accepted through the first Friday in November or until the quota is filled. Any incomplete or improperly completed application, any application not meeting the above conditions, or any application received after the application period will not be considered a valid application.

a. Statewide licenses. Applications will be received and accepted from the second Monday in July through the last Friday in August or if the application form bears a valid and legible U.S. Postal Service postmark prior to that date.

b. Antlerless licenses. Paid antlerless licenses will be issued by quota established for each county in the special ant-lerless zone. Applications will be received and accepted from the second Monday in July through the last Friday in August or if the application form bears a valid and legible U.S. Postal Service postmark prior to that date. Hunters may apply for one license for one of the following seasons: bow; second regular gun; or late muzzleloader. Hunters may apply for one additional license for the special late season. A drawing will be held for each county where the number of applications exceeds the quota. Applications will be accepted on a first-come, first-served basis after September 1 if any county quotas do not fill. Applications for the bow season or second regular gun season or late muzzleloader season will be accepted through the first Friday in November or until quotas fill. Applications for the special late season will be accepted through January 10, 1999, or until quotas fill. If licenses are still available after September 1, hunters may apply for one additional license for the bow season, or second regular gun season, or late muzzleloader season and one additional license for the special late season. The maximum number of antlerless licenses for an individual is four: two for the bow or second regular gun or late muzzleloader season and two for the special late season (if second licenses are available).

ITEM 11. Amend subrule 106.8(5), introductory paragraph, as follows:

106.8(5) Restrictions. No person shall apply for or purchase more than two deer bow licenses or one bow license and two firearm licenses except as provided in 571--Chapter 105 and rule 106.6(481A) or 106.13(481A). No one purchasing an early muzzleloader deer license may purchase a second gun license. No one purchasing a first season gun license may purchase a second regular gun season license.

ITEM 12. Amend rule 571--106.10(481A) as follows:

571--106.10(481A) Youth deer hunt and severely disabled hunts.

106.10(1) Licenses.

a. Youth deer hunt. A special youth deer license will be issued to any Iowa resident that is 12 to 15 years of age by September 1 who possesses a valid hunter safety certificate. All persons participating must be accompanied by an adult possessing a regular hunting license and habitat stamp. Only one adult may participate for each youth hunter. The accompanying adult must not possess a firearm or bow and must be in direct company of the youth at all times. Persons may obtain only one youth deer license, but may also obtain one bow or firearm license for any other season. If the youth obtains a free landowner/tenant license, it will count as the one free license for which the youth's family is eligible.

b. Severely disabled hunt. Any Iowa resident meeting the requirements of Iowa Code section 321L.1(8) will be issued a severely disabled license. Persons applying for a severely disabled license must either possess a disabilities parking permit or provide a completed form from the department of natural resources signed by a physician verifying their disability as defined in Iowa Code section 321L.1(8) along with a completed application. Those individuals between 16 and 65 years of age must also possess a regular hunting license and habitat stamp. Persons obtaining a license for the severely disabled hunt may not obtain any other deer hunting license.

106.10(2) Season dates. Any sex deer may be taken statewide from the third Saturday in September through the first Sunday of October.

106.10(3) Shooting hours. Legal shooting hours for hunting deer will be one-half hour before sunrise to one-half hour after sunset each day regardless of weapon used.

106.10(4) Limits and license quotas. Daily bag and possession limit is one deer per licensed youth person. The licensee can shoot only one deer during this season. An unlimited number of licenses will be issued.

106.10(5) Method of take and other regulations. Deer may be taken with shotgun, bow or muzzleloaded rifles as permitted in 571--106.7(481A). All participants must meet the hunter orange requirement in Iowa Code section 481A.122. All other regulations for taking deer with a gun shall apply.

106.10(6) Application procedures. All applications for youth gun and severely disabled deer hunting licenses for the current season shall be made on forms provided by the department of natural resources and returned to the department of natural resources office in Des Moines, Iowa. No one shall submit more than one application. Applications for youth gun and severely disabled deer hunting licenses must be accompanied by $25 for each license. Applications will be received and accepted only from the third Monday in June through the third Friday in July.

ITEM 13. Amend subrule 106.11(2), paragraph "b," as follows:

b. Excessive damage is defined as crop losses exceeding $1,500 $1,000 in a single growing season, or the likelihood that damage will exceed $1,500 $1,000 if preventive action is not taken, or a documented history of at least $1,500 $1,000 damage annually in previous years.

ITEM 14. Amend subrule 106.11(3), paragraph "a," subparagraph (2), as follows:

(2) Depredation plans written for producers of high-value horticultural crops may include all of these measures, plus permanent fencing where necessary. Fencing will not be required if the cost of a fence exceeds $1,000.

ITEM 15. Rescind rule 571--106.13(481A).

ARC 8072A

Item 1 more clearly defines who must staff the first-aid room.

Item 2 requires the participant to be properly licensed by the Commission.

Item 3 makes available a viewing copy of the rules and statutes at each licensing office.

Item 4 identifies the use of the occupational license.

Item 5 does not allow a person involved in an illegal gambling enterprise to be licensed if the offense occurred within the last five years.

Item 6 identifies theft as grounds for denial, suspension or revocation of a license.

Item 7 allows for a kennel owner to be a party to more than one kennel name but not at the same facility.

Item 8 changes an inappropriate term.

Item 9 requires the licensee to comply with the licensee's system of internal controls.

Item 10 corrects a typographical error.

Item 11 rearranges rules within the same chapter.

Item 12 eliminates a rule that was moved into another chapter.

Item 13 relocates a subrule from one rule to another within the chapter.

Item 14 relocates an existing rule from one chapter to another.

Item 15 more clearly defines who must staff the first-aid room.

These adopted amendments are identical to those published under Notice of Intended Action in the March 25, 1998, Iowa Administrative Bulletin as ARC 7900A with the exception of Item 14. Subrule 25.15(1) was changed to allow peace officers acting in their official capacity to carry a firearm in the casino.

A public hearing was held on April 14, 1998. Comments were received requesting that the Commission consider allowing peace officers, in their official capacity, to carry a firearm while in the casino.

These amendments will become effective July 22, 1998.

These amendments are intended to implement Iowa Code chapters 99D and 99F.

The following amendments are adopted.

ITEM 1. Rescind subrule 5.16(9) and insert in lieu thereof the following new subrule:

5.16(9) First-aid room. Each licensee shall equip and maintain adequate first-aid facilities and have in attendance, during the hours of operation, either a physician, a registered nurse, a licensed practical nurse, a paramedic, or an emergency medical technician, all properly licensed according to requirements of the Iowa department of public health.

ITEM 2. Amend subrule 13.2(1), introductory paragraph, as follows:

13.2(1) All persons participating in any capacity in a race meeting or with an excursion gambling boat are required to obtain a license from be properly licensed by the commission. The administrator may require other related employees to obtain occupational licenses. License applicants may be required to furnish to the commission a set of fingerprints and may be required to be refingerprinted or rephotographed periodically as the commission may require.

ITEM 3. Amend subrule 13.5(2) as follows:

13.5(2) Knowledge of rules. Every licensee, in order to maintain qualifications for any license held, shall be held responsible for knowledge of the rules of the commission and Iowa statutes pertaining to racing and gaming. Copies A viewing copy of the aforementioned rules and statutes are is available in the commission offices at racetrack and riverboat locations.

ITEM 4. Rescind subrule 13.5(3) and insert in lieu thereof the following new subrule:

13.5(3) Occupational license.

a. Employees are required to wear their occupational licenses at all times while on duty, or in a restricted area, unless it is determined by the administrator's designee to be impractical.

b. A licensee is prohibited from defacing, altering, or modifying an occupational license.

ITEM 5. Amend subrule 13.6(1) as follows:

13.6(1) Owns, operates or has an interest in any bookmaking or other illegal enterprise, or who is connected with or associated with any illegal enterprise within the past five years. If the association with the illegal enterprise was more than five years prior to the application, a license may be issued only if the administrator's designee determines that sufficient evidence of rehabilitation exists.

ITEM 6. Amend rule 491--13.10(99D,99F) by adding the following new subrule:

13.10(24) Theft of any nature on the grounds of a licensed racetrack enclosure or excursion boat facility.

ITEM 7. Amend subrule 13.17(5) as follows:

13.17(5) A licensed kennel owner cannot be a party to more than one kennel name at the same time facility.

ITEM 8. Amend subrule 21.13(3) as follows:

21.13(3) Efficient, safe and enjoyable for patrons. The commission will consider whether the proposed boat racetrack enclosure is planned in a manner which promotes efficient, safe, and enjoyable use by patrons including, but not limited to, parking facilities, concessions, the casino, access to cashier windows, and restrooms.

ITEM 9. Amend rule 491--24.11(99F) by adding the following new subrule:

24.11(4) It shall be the affirmative responsibility and continuing duty of each occupational licensee to follow and comply with the licensee's system of internal controls.

ITEM 10. Amend subrule 24.12(1), paragraph "b," subparagraph (2), as follows:

(2) A record of the withdrawals or of partnership funds or assets.

ITEM 11. Amend 491--Chapter 24 by renumbering existing 491--24.16(99F) as 491--24.12(99F) and then renumbering existing 491--24.12(99F) to 491--24.15(99F) as 491--24.13(99F) to 491--24.16(99F).

ITEM 12. Rescind and reserve rule 491--24.17(99F).

ITEM 13. Amend rule 491--24.18(99F) by adding the following new subrule:

24.18(3) Each licensee shall place on file with the commission the names of all persons authorized to enter the cashier's cage, those who possess the combination or keys to the locks securing the entrance to the cage and those who possess the ability to operate alarm systems.

ITEM 14. Amend 491--Chapter 25 by adding the following new rule and renumbering existing 491-- 25.15(99F) to 491--25.21(99F) as 491--25.16(99F) to 491--25.22(99F):

491--25.15(99F) Firearms--possession within casino.

25.15(1) No patron or employee of the licensee, including the security department members, shall possess or be permitted to possess any pistol or firearm within a casino without the express written approval of the administrator unless:

a. The person is a peace officer, on duty, acting in the peace officer's official capacity; or

b. The person is a peace officer possessing a valid peace officer permit to carry weapons who is employed by the licensee and who is authorized by the administrator to possess such pistol or firearm while acting on behalf of the licensee within that casino.

25.15(2) Each casino licensee shall post in a conspicuous location at each entrance to the casino a sign that may be easily read stating, "Possession of any firearm within the casino without the express written permission of the Iowa racing and gaming commission is prohibited."

ITEM 15. Rescind renumbered subrule 25.20(4) and insert in lieu thereof the following new subrule:

25.20(4) First-aid room. Each licensee shall equip and maintain adequate first-aid facilities and have in attendance, during the hours of operation, either a physician, a registered nurse, a licensed practical nurse, a paramedic, or an emergency medical technician, all properly licensed according to requirements of the Iowa department of public health.

Previous Bulletin

Table of Contents

Next Bulletin

© 1998 Cornell College and League of Women Voters of Iowa

Comments about this site or page? lsbinfo@legis.state.ia.us.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Jun 17 0:01:05 CDT 1998
URL: /Rules/1998/Bulletin/acb980617.html
sam