ARC 7045CHomeland Security and Emergency Management Department[605]Notice of Intended ActionProposing rulemaking related to Iowa hazard mitigation plan and providing an opportunity for public comment
The Homeland Security and Emergency Management Department hereby proposes to amend Chapter 9, “Iowa Comprehensive Plan,” Iowa Administrative Code.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 29C.8.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code section 29C.8.Purpose and Summary This proposed rulemaking will formally adopt the Iowa Hazard Mitigation Plan. Iowa currently has an “Enhanced” State Hazard Mitigation Plan (Enhanced Plan). This Enhanced Plan must be updated and formally adopted every five years pursuant to Federal Emergency Management Agency (FEMA) regulations. Historically, the Department has used the rulemaking process to formally adopt the Enhanced Plan. The current Enhanced Plan cited in 605—Chapter 9 was adopted on September 17, 2018, and expires September 18, 2023. Through this Enhanced Plan, Iowa is eligible for additional federal disaster recovery grant funds. For example, because of the Enhanced Plan, Iowa becomes eligible for 33 percent extra funding from the Hazard Mitigation Grant Program (HMGP). This grant program helps fund long-term projects to mitigate impacts from future disasters. An Enhanced Plan is also needed for funding through the Public Assistance Grant Program, which helps repair infrastructure like roads, bridges, and water control facilities following a disaster. Because of Iowa’s Enhanced Plan, these programs have brought in nearly $2 billion over the last 15 years. There is no process to request a federal waiver should the approved Enhanced Plan lapse.Fiscal Impact There are no costs to implement this change; however, should the approved Enhanced Plan fall out of compliance with federal standards, Iowa would no longer be eligible for federal disaster recovery grant funds at the current levels.Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on August 2, 2023. Comments should be directed to: Blake DeRouchey Department of Homeland Security and Emergency Management 7900 Hickman Road, Suite 500 Windsor Heights, Iowa 50324 Phone: 515.323.4232 Email: blake.derouchey@iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: August 2, 2023 10:30 to 11:30 a.m. Goldfinch Room 7900 Hickman Road Windsor Heights, Iowa Via video/conference call using meeting link: meet.google.com/fqq-wozf-fex Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Amend rule 605—9.3(29C), introductory paragraph, as follows:605—9.3(29C) Iowa Hazard Mitigation Plan. The Iowa Hazard Mitigation Plan is developed in accordance with Iowa Code section 29C.8 and has been adopted on September 17, 2018September 18, 2023, published, and maintained by the department. This plan details the state government goals, objectives, and strategies to mitigate a wide range of natural, technological, or human-caused disasters in accordance with Section 322 of the Stafford Act, 42 U.S.C. 5165.ARC 7046CTransportation Department[761]Notice of Intended ActionProposing rulemaking related to special permits for operation and movement of vehicles and loads of excess size and weight and providing an opportunity for public comment
The Transportation Department hereby proposes to amend Chapter 511, “Special Permits for Operation and Movement of Vehicles and Loads of Excess Size and Weight,” Iowa Administrative Code.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code sections 307.12, 312.2(18), 321E.8(4), 321E.15 and 321E.24.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code section 312.2 and chapter 321E.Purpose and Summary This proposed rulemaking amends Chapter 511 to conform the rules with 2022 Iowa Acts, House File 2518 and Senate File 2376, which were effective on January 1, 2023, and codified in Iowa Code chapters 312 and 321E. The proposed amendments:
Add two new annual permit types that are now issued by the Department in accordance with the enacted bills: the “annual all-systems overweight permit” and the “annual small crane permit.” The rules provide that the two new permits may be transferred if the originally permitted vehicle has been damaged in an accident, junked or sold.Establish the fees, maximum axle weights, maximum gross weights, maximum dimensions, and distance requirements for the new permit types.Establish procedures for distribution of funds collected for the annual all-systems permit to counties who participate in the all-systems permit.Eliminate the requirement that overweight vehicles operating under a permit must display flashing amber lights. The Department has determined it is not required by law nor is it necessary for these vehicles to display lights to preserve highway safety, and the requirement unnecessarily creates a burden to individuals operating under the new permit who, under other options for operating such vehicles (such as a Governor’s proclamation of disaster emergency), do not need to display lights.Delete old Iowa Acts references, remove outdated language, and update missing terminology for annual permits throughout the chapter. A Regulatory Analysis, including the proposed rule amendments, was published in the May 17, 2023, Iowa Administrative Bulletin. A public hearing was held on June 6, 2023. No public comments on the Regulatory Analysis were received at the hearing or in writing. The Administrative Rules Coordinator provided preclearance for publication of this Notice of Intended Action on June 16, 2023. Changes were made from the proposed amendments published in the Regulatory Analysis. In Item 5, the word “annual” was added to the all-systems oversize and all-systems overweight permits.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa beyond any impact calculated by the Legislative Services Agency for the underlying legislation. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11. Public Comment Any interested person may submit written comments concerning this proposed rulemaking or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on August 1, 2023. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Government and Community Relations 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.us Public Hearing If requested, a public hearing to hear requested oral presentations will be held as follows August 3, 2023 9 to 10 a.m. Department of Transportation Motor Vehicle Division 6320 SE Convenience Boulevard Ankeny, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George and advise of specific needs. The public hearing will be canceled without further notice if no oral presentation is requested.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed: ITEM 1. Amend rule 761—511.1(321E), definition of “Emergency interstate permit,” as follows: "Emergency interstate permit" means a permit issued under Iowa Code section 321E.29B as enacted by 2021 Iowa Acts, House File 382. ITEM 2. Amend rule 761—511.1(321E), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 321E.9, 321E.15, 321E.26, 321E.29, 321E.29B as enacted by 2021 Iowa Acts, House File 382, 321E.30 and 321E.34. ITEM 3. Amend subrule 511.2(4), introductory paragraph, as follows: 511.2(4) Except as provided in rule 761—511.17(321,321E)761—511.10(321,321E) or 761—511.18(321,321E), permits may be issued only for the transporting of a single article which exceeds statutory size or weight limits or both, and which cannot reasonably be divided or reduced to statutory size and weight limits. However, permits may be issued for the transporting of property consisting of more than one article when: ITEM 4. Amend subrule 511.3(2) as follows: 511.3(2) Movement shall be made only when roads are clear of ice and snow and visibility is at least one-quarter mile. Snow removal equipment operating under permit is exempt from this restriction while snow removal operations are conducted. Exception: Nothing in this subrule shall be construed to mean that the movement of a compacted rubbish vehicle permitted under rule 761—511.11(321E)761—511.12(321E) shall be subject to this restriction. ITEM 5. Amend rule 761—511.4(321E) as follows:761—511.4(321E) Permits. Permits issued shall be in writing or in electronic format and may be either single-trip, multitrip, annualoversize, annual oversize/overweight, annual raw forest products, annual small crane,compacted rubbish, emergency interstate, annual fluid milk products,orannual all-systemsoversize, or annual all-systems overweight permits. 511.4(1) Methods of issuance. a. Permits for movement on the primary road system may be obtained in person, by facsimile, online, or by mail at the address in subrule 511.2(1). b. Reserved. 511.4(2) Forms. a. Applications for permits for movement on the primary road system shall be made online or in the form and manner prescribed by the department. b. Any applications to other permit-issuing authorities made upon department forms shall be sufficient and accepted as properly made by these authorities. c. Subject to the preceding paragraph, permit-issuing authorities may adopt, amend or modify these forms provided that the amended or modified forms adequately identify the applicant, the hauling vehicle and load, the manner and extent that the vehicle with load exceeds the statutory size and weight limits, the route, and the authorization of the issuing authority. However, the load for a multitrip permit does not have to be identified but the vehicle and load cannot exceed either the weight per axle or the total weight identified on the multitrip permit. Axle spacings cannot change. 511.4(3) Validity. a. Annualoversize, annual oversize/overweight, annual raw forest products, annual small crane,compacted rubbish, annual fluid milk products,andannual all-systemsoversize, and annual all-systems overweight permits shall expire one year from the date of issuance. b. A single-trip permit shall be effective for five days. c. The validity of a multitrip permit shall not exceed 60 calendar days. d. Emergency interstate permits issued under Iowa Code section 321E.29Bas enacted by 2021 Iowa Acts, House File 382, shall be effective for 30 calendar days. However, the permit shall not exceed the expiration of the applicable governor’s proclamation of disaster emergency issued under Iowa Code section 29C.6 in conjunction with the presidential declaration allowing interstate travel under the Stafford Act or the expiration of the declaration of major disaster under the Stafford Act, whichever expires first. 511.4(4) Duplicate permit. If a permit is lost or destroyed before it has expired, a duplicate permit may be issued at the discretion of the permit-issuing authority. The expiration date on the duplicate permit shall be the same as on the original permit. This rule is intended to implement Iowa Code sections 321E.2,and321E.3, 321E.8 and section321E.29Bas enacted by 2021 Iowa Acts, House File 382. ITEM 6. Amend rule 761—511.5(321,321E) as follows:761—511.5(321,321E) Fees and charges. 511.5(1) Annual oversize permit. A fee of $50 shall be charged for each annualoversize permit issued pursuant to Iowa Code section 321E.8, payable prior to the issuance of the permit. Carriers purchasing annualoversize permits in advance of use cannot return unused permits for refunds. 511.5(2) Special or emergency oversize permit for certain divisible loads. A fee of $25 may be charged for each single-trip permit issued pursuant to Iowa Code section 321E.29, payable prior to the issuance of the permit. 511.5(3) Annual raw forest products permit. A fee of $175 shall be charged for each annualraw forest products permit issued pursuant to Iowa Code section 321E.26 for divisible loads of raw forest products, payable prior to the issuance of the permit. 511.5(4) Annual oversize/overweight permit. A fee of $400 shall be charged for each annual oversize/overweight permit, payable prior to the issuance of the permit. Transfer of current annual oversize/overweight permit to a replacement vehicle may be allowed when the original vehicle has been damaged in an accident, junked or sold. 511.5(5) All-systemsAnnual all-systems oversize permit. A fee of $160 shall be charged for each annual all-systemsoversize permitissued pursuant to Iowa Code section 321E.8(1), payable prior to the issuance of the permit. 511.5(6) Annual all-systems overweight permit. A fee of $500 shall be charged for each annual all-systems overweight permit issued pursuant to Iowa Code section 321E.8(2), payable prior to the issuance of the permit. Transfer of current annual all-systems overweight permit to a replacement vehicle may be allowed when the original vehicle has been damaged in an accident, junked or sold. 511.(6) 511.5(7) Bridge-exempt permit. A fee of $25 shall be charged for each bridge-exempt permit issued pursuant to Iowa Code section 321E.7, payable prior to the issuance of the permit. 511.(7) 511.5(8) Multitrip permit. A fee of $200 shall be charged for each multitrip permit, payable prior to the issuance of the permit. 511.(8) 511.5(9) Raw milk permit. A fee of $25 shall be charged for each raw milk permit issued pursuant to Iowa Code section 321E.29A, payable prior to the issuance of the permit. 511.(9) 511.5(10) Single-trip permit. A fee of $35 shall be charged for each single-trip permit, payable prior to the issuance of the permit. 511.(10) 511.5(11) Special alternative energy multitrip permit. A fee of $600 shall be charged for each special alternative energy multitrip permit issued pursuant to Iowa Code section 321E.9B, payable prior to the issuance of the permit. 511.(11) 511.5(12) Compacted rubbish permit. A fee of $100 shall be charged for each compacted rubbish permit, payable prior to the issuance of the permit. 511.(12) 511.5(13) Annual fluid milk products permit. A fee of $400 shall be charged for each annual fluid milk products permit issued pursuant to Iowa Code section 321E.29B, payable prior to issuance of the permit. 511.5(14) Annual small crane permit. A fee of $400 shall be charged for each annual small crane permit issued pursuant to Iowa Code section 321E.8(4), payable prior to issuance of the permit. Transfer of current annual small crane permit to a replacement vehicle may be allowed when the original vehicle has been damaged in an accident, junked or sold. 511.(13) 511.5(15) Duplicate permit. A fee of $2 shall be charged for each duplicate permit, payable prior to the issuance of the permit. 511.(14) 511.5(16) Registration fee. A registration fee shall be charged for vehicles transporting buildings, except mobile homes and factory-built structures, on a single-trip basis. The vehicle shall be registered for the combined gross weight of the vehicle and load. The fee shall be 5 cents per ton exceeding the weight registered under Iowa Code section 321.122 per mile of travel and shall be payable prior to the issuance of the permit. Fees shall not be prorated for fractions of miles. 511.(15) 511.5(17) Fair and reasonable costs. Permit-issuing authorities may charge any permit applicant: a. A fair and reasonable cost for the removal and replacement of natural obstructions or official signs and signals. b. A fair and reasonable cost for measures necessary to avoid damage to public property including structures and bridges. 511.(16) 511.5(18) Methods of payment. Fees and costs required under this chapter shall be paid in the form and manner prescribed by the department. This rule is intended to implement Iowa Code sections 321.12, 321.122,321E.8, 321E.14, 321E.29, 321E.29A and 321E.30. ITEM 7. Amend rule 761—511.6(321E) as follows:761—511.6(321E) Insurance and bonds. 511.6(1) Insurance. a. Public liability insurance in the amounts of $100,000 bodily injury each person, $200,000 bodily injury each occurrence, and $50,000 property damage with an expiration date to cover the tenure of the annualoversize, annual oversize/overweight, annual raw forest products,annual small crane, annual all-systemsoversize, annual all-systems overweight, multitrip, emergency interstate, annual fluid milk products or single-trip permit shall be required. In lieu of filing with the permit-issuing authority, a copy of the current certificate of public liability insurance in these amounts shall be carried in the vehicle for which the permit has been issued. Proof of liability insurance may be either in writing or in electronic format. b. Notwithstanding paragraph “a” of this subrule, a carrier may act as a self-insurer if an application for self-insurance is filed with and approved by the department. 511.6(2) Bond. a. The permit-issuing authority may require the applicant to file a bond, certified check or other assurance in an amount sufficient to cover the reasonably anticipated cost of damage or loss to private property, either real or personal, likely to be caused by or arising out of the movement of the vehicle and load or to ensure compliance with permit provisions. b. The amount in the preceding paragraph may be reduced either in whole or in part by the applicant’s submission to the permit-issuing authority of written permission from an affected third party stating in substance that the third party either owns or has the right of exclusive possession and control over the affected property, does by the party’s signature consent to the move and that the applicant has in hand paid or secured the payment of the anticipated cost of loss or damage to the party’s property. This rule is intended to implement Iowa Code sectionsections 321E.8, 321E.13 and section 321E.29B as enacted by 2021 Iowa Acts, House File 382. ITEM 8. Amend rule 761—511.7(321,321E) as follows:761—511.7(321,321E) Annualoversize permits. Annualoversize permits are issued for indivisible vehicles or indivisible loads for travel when the dimensions of the vehicle or load exceed statutory limits but the weight is within statutory limits. Routing is subject to embargoed bridges and roads and posted speed limits. The owner or operator shall select a route using the vertical clearance map and road construction and travel restrictions map provided by the department. Route, detour and road embargo information may be found online at www.511ia.org or the department’s website for the embargo bridge maps. Annualoversize permits are issued for the following: 511.7(1) Vehicles with indivisible loads, including special mobile equipment, mobile homes and factory-built structures, provided the following are not exceeded: a. Width.12 feet 5 inches including appurtenances. b. Length.120 feet 0 inches overall. c. Height.13 feet 10 inches. d. Weight.See rule 761—511.16(321,321E)761—511.17(321,321E). e. Distance.Movement is allowed for unlimited distance; routing through the motor vehicle division is not required. 511.7(2) Vehicles with indivisible loads, including special mobile equipment, mobile homes and factory-built structures, provided the following are not exceeded: a. Width.14 feet 6 inches. b. Length.120 feet 0 inches overall. c. Height.15 feet 5 inches. d. Weight.See rule 761—511.16(321,321E)761—511.17(321,321E). e. Distance.Movement is restricted to 50 miles unless trip routes are obtained from the motor vehicle division or the route continues on at least four-lane roads. Trip routes are valid for five days. 511.7(3) Vehicles with indivisible loads, including special mobile equipment, mobile homes and factory-built structures, provided the following are not exceeded: a. Width.16 feet 0 inches. b. Length.120 feet 0 inches. c. Height.15 feet 5 inches. d. Weight.See rule 761—511.16(321,321E)761—511.17(321,321E). e. Distance.Trip routes must be obtained from the motor vehicle division. 511.7(4) Rescinded IAB 1/23/02, effective 2/27/02. 511.(5) 511.7(4) Truck trailers manufactured or assembled in the state of Iowa provided the following are met: a. Width.Not to exceed 10 feet 0 inches. b. Length.Overall combination length must comply with Iowa Code section 321.457. c. Height.Statutory: Not to exceed 13 feet 6 inches. d. Weight.See rule 761—511.16(321,321E)761—511.17(321,321E). e. Speed.Rescinded IAB 2/7/01, effective 3/14/01. f. e. Roadway width.At least 24 feet 0 inches. g. f. Limited movement.Movement shall be solely for the purpose of delivery or transfer from the point of manufacture or assembly to another point of manufacture or assembly within the state or to a point outside the state and shall be on the most direct route necessary for the movement. This rule is intended to implement Iowa Code sections 321.454, 321.456, 321.457, 321.463, 321E.2, 321E.3, 321E.8, 321E.10 and 321E.29A. ITEM 9. Amend rule 761—511.8(321,321E), introductory paragraph, as follows:761—511.8(321,321E) Annual oversize/overweight permits. Annual oversize/overweight permits are issued for indivisible vehicles or indivisible loads for travel when either the dimensions or the weight or both the dimensions and the weight exceed statutory limits. Travel is not allowed on the interstate. However, a carrier moving under this annual oversize/overweight permit may operate under the same restrictions as an annualoversize permit under rule 761—511.7(321,321E) when the vehicle meets the dimensions required by that rule. Routing is subject to embargoed bridges and roads and posted speed limits. Annual oversize/overweight permits are issued for the following: ITEM 10. Amend paragraph 511.8(1)"d" as follows: d. Weight.See rule 761—511.16(321,321E)761—511.17(321,321E). ITEM 11. Amend rule 761—511.9(321,321E) as follows:761—511.9(321,321E) All-systemsAnnual all-systems oversize permits. All-systemsAnnual all-systems oversize permits are issued by the motor vehicle division for indivisible vehicles or indivisible loads for travel on the primary road system and specified city streets and county roads when the dimensions of the vehicle or load exceed statutory limits but the weight is within statutory limits. Routing is subject to embargoed bridges and roads and posted speed limits. The motor vehicle divisiondepartment will provide a listmap of the authorized city streets and county roads. Permit holders shall consult with local officials when traveling on county roads or city streets for bridge embargo, vertical clearance, detour, and road construction information. These permits are issued for the following: 511.9(1) Vehicles with indivisible loads, including special mobile equipment, mobile homes and factory-built structures, provided the following are not exceeded: a. Width.12 feet 5 inches including appurtenances. b. Length.120 feet 0 inches overall. c. Height.13 feet 10 inches. d. Weight.See rule 761—511.16(321,321E)761—511.17(321,321E). e. Distance.Movement is allowed for unlimited distance; routing through the motor vehicle division and city and county jurisdictions is not required. 511.9(2) Vehicles with indivisible loads, including special mobile equipment, mobile homes and factory-built structures, provided the following are not exceeded: a. Width.14 feet 6 inches. b. Length.120 feet 0 inches overall. c. Height.15 feet 5 inches. d. Weight.See rule 761—511.16(321,321E)761—511.17(321,321E). e. Distance.Movement is restricted to 50 miles unless trip routes are obtained from the motor vehicle division and city and county jurisdictions or the route continues on at least four-lane roads. Trip routes are valid for five days. 511.9(3) Vehicles with indivisible loads, including special mobile equipment, mobile homes and factory-built structures, provided the following are not exceeded: a. Width.16 feet 0 inches. b. Length.120 feet 0 inches. c. Height.15 feet 5 inches. d. Weight.See rule 761—511.16(321,321E)761—511.17(321,321E). e. Distance.Trip routes must be obtained from the motor vehicle division and city and county jurisdictions. 511.9(4) Rescinded IAB 1/23/02, effective 2/27/02. 511.(5) 511.9(4) Truck trailers manufactured or assembled in the state of Iowa provided the following are met: a. Width.Not to exceed 10 feet 0 inches. b. Length.Overall combination length must comply with Iowa Code section 321.457. c. Height.Statutory: Not to exceed 13 feet 6 inches. d. Weight.See rule 761—511.16(321,321E)761—511.17(321,321E). e. Speed.Rescinded IAB 2/7/01, effective 3/14/01. f. e. Roadway width.At least 24 feet 0 inches. g. f. Limited movement.Movement shall be solely for the purpose of delivery or transfer from the point of manufacture or assembly to another point of manufacture or assembly within the state or to a point outside the state and shall be on the most direct route necessary for the movement. 511.9(6) Rescinded IAB 2/10/21, effective 3/17/21. 511.(7) 511.9(5) Necessary trip routes must be obtained from the appropriate city and county jurisdictions. This rule is intended to implement Iowa Code sections 321.454, 321.456, 321.457, 321.463, 321E.2, 321E.3, 321E.8 and 321E.10. ITEM 12. Renumber rules 761—511.10(321,321E) to 761—511.21(321) as 761—511.11(321,321E) to 761—511.22(321). ITEM 13. Adopt the following new rule 761—511.10(321,321E):761—511.10(321,321E) Annual all-systems overweight permits. 511.10(1) Issuance. Annual all-systems overweight permits are issued by the department for indivisible vehicles or indivisible or divisible loads for travel on the primary road system and specified city streets and county roads when the weight of the vehicle or load exceeds statutory limits but the dimensions are within statutory limits. Routing is subject to embargoed bridges and roads and posted speed limits. The department will provide a map of the authorized city streets and county roads. Permit holders shall consult with local officials when traveling on county roads or city streets for bridge embargo, vertical clearance, detour, and road construction information. These permits are issued for vehicles with divisible or indivisible loads provided the following are not exceeded: a. Width.Statutory: 8 feet 6 inches including appurtenances. b. Length.Statutory: 75 feet 0 inches overall. c. Height.Statutory: 13 feet 6 inches. d. Weight.See rule 761—511.17(321,321E). e. Distance.Movement is allowed for unlimited distance; routing through the motor vehicle division and city and county jurisdictions is not required. 511.10(2) Distribution of monthly credit. In accordance with Iowa Code section 312.2(18), the department shall allocate the monthly credit as follows: a. The department shall maintain a list of participating counties. The list shall be updated on a monthly basis as determined by the department after consultation with county officials through their representative organizations. b. The monthly credit shall be divided among the participating counties as determined by the department after consultation with county officials through their representative organizations. c. The funds from the monthly credit shall be distributed to each participating county based on the list of participating counties for the applicable month. This rule is intended to implement Iowa Code sections 312.2, 321.454, 321.456, 321.457, 321.463, 321E.2, 321E.3, 321E.8 and 321E.10. ITEM 14. Amend renumbered subrule 511.11(2) as follows: 511.11(2) Multitrip permits may be issued for all movements allowed under the single-trip permit provisions of rule 761—511.12(321,321E)761—511.13(321,321E) provided the movement is within the size and weight limitations of subrule 511.10(1)511.11(1). ITEM 15. Amend renumbered paragraph 511.13(1)"d" as follows: d. Weight.See rule 761—511.16(321,321E)761—511.17(321,321E). ITEM 16. Amend renumbered paragraph 511.14(1)"d" as follows: d. Weight.See rule 761—511.16(321,321E)761—511.17(321,321E). ITEM 17. Amend renumbered paragraph 511.15(1)"d" as follows: d. Weight.See rule 761—511.16(321,321E)761—511.17(321,321E). ITEM 18. Amend renumbered rule 761—511.15(29C,321,321E), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 29C.6, 321.457, and 321.463 and section 321E.29B as enacted by 2021 Iowa Acts, House File 382. ITEM 19. Amend renumbered rule 761—511.16(321,321E), introductory paragraph, as follows:761—511.16(321,321E) Annual fluid milk products permits. Annualfluid milk products permits are issued for indivisible loads of fluid milk products for travel when the weight of the vehicle or load exceeds statutory limits. Routing is subject to embargoed bridges and roads and posted speed limits. The owner or operator shall select a route using the vertical clearance map and road construction and travel restrictions map provided by the department. Route, detour, road embargo and bridge embargo for fluid milk products information may be found online at www.511ia.org and the department’s website. ITEM 20. Amend renumbered paragraph 511.16(1)"d" as follows: d. Weight.See rule 761—511.16(321,321E)761—511.17(321,321E). ITEM 21. Amend renumbered rule 761—511.17(321,321E) as follows:761—511.17(321,321E) Maximum axle weights and maximum gross weights for vehicles and loads moved under permit. 511.17(1) Annualoversize, annual all-systems oversize, andannual all-systemsoverweight permits. a. For movement under an annualoversize or annual or all-systemsoversize permit, the axle weight and combined gross weight shall not exceed the limits found in Iowa Code section 321.463(3). b. For movement under an all-systems overweight permit, the axle weight shall not exceed the limits found in Iowa Code sections 321.463(3) and 321E.8. The combined gross weight shall not exceed the gross weight authorized under Iowa Code section 321E.8(2). b. c. See subrule 511.16(7)511.17(8) for exceptions for special mobile equipment. 511.17(2) Annual oversize/overweight permits or annual raw forest products permits. a. For movement under an annual oversize/overweight permit or an annual raw forest products permit, the gross weight on any axle shall not exceed 20,000 pounds, with a maximum of 156,000 pounds total gross weight. b. See subrule 511.16(7)511.17(8) for exceptions for special mobile equipment. 511.17(3) Multitrip permits. a. For movement under a multitrip permit, the gross weight on any axle shall not exceed 20,000 pounds with a maximum of 156,000 pounds total gross weight. b. See subrule 511.16(7)511.17(8) for exceptions for special mobile equipment. 511.17(4) Single-trip permits. a. For movement under a single-trip permit, the gross weight on any axle shall not exceed 20,000 pounds. b. If the combined gross weight exceeds 100,000 pounds, a single-trip permit may be issued for the movement only if the permit-issuing authority determines that it would not cause undue damage to the road and is in the best interest of the public. c. Cranes may have a maximum of 24,000 pounds per axle for movement under a single-trip permit. Routes must be reviewed by the permit-issuing authority prior to issuance. d. See subrule 511.16(7)511.17(8) for exceptions for special mobile equipment. 511.17(5) Emergency interstate permits. a. For movement under this permit, the gross weight on any axle shall not exceed 20,000 pounds with a maximum of 90,000 pounds total gross weight. b. The maximum weight on any single axle shall not exceed by more than 12.5 percent the maximum axle weight limit in the nonprimary highway maximum gross weight table in Iowa Code section 321.463(6)“b” and must comply with posted limits on roads and bridges. 511.17(6) Annual fluid milk products permits. For movement under an annual fluid milk products permit, the gross weight on any axle shall not exceed 20,000 pounds with a maximum of 96,000 pounds total gross weight. 511.17(7) Annual small crane permit. For movement under an annual small crane permit, the gross weight on any axle shall not exceed 24,000 pounds with a maximum of 80,000 pounds total gross weight. 511.(7) 511.17(8) Special mobile equipment. Special mobile equipment may have a gross weight of 36,000 pounds on any single axle equipped with minimum size 26.5-inch by 25-inch flotation pneumatic tires and a maximum gross weight of 20,000 pounds on any single axle equipped with minimum size 18-inch by 25-inch flotation pneumatic tires, provided that the total gross weight of the vehicle or a combination of vehicles does not exceed a maximum of 80,000 pounds for movement under an annualoversize or all-systemsoversize permit and 126,000 pounds for movement under a single-trip, multitrip or annual oversize/overweight permit.For tire sizes and weights allowed between the maximum and minimum indicated, the following formula shall apply: Axle weight = 20,000 pounds + (tire width - 18) × 1,882 pounds. 511.(8) 511.17(9) Permitted tandem axle weights. a. Vehicles operating under an annual oversize permit, annual oversize/overweight permit, annual raw forest products permit, single-trip permit, or multitrip permit may have a gross weight not to exceed 46,000 pounds on a single-tandem axle of the truck tractor and a gross weight not to exceed 46,000 pounds on a single-tandem axle of the trailer or semitrailer if each axle of each tandem group has at least four tires. b. The maximum weight of any single axle within a permitted tandem axle group shall be 24,000 pounds. c. A permitted tandem axle shall not be a part of a larger group of axles whose centers are greater than 96 inches apart. This rule is intended to implement Iowa Code sections 321.463, 321E.7, 321E.8, 321E.9, 321E.9A, 321E.26, 321E.29B and 321E.32. ITEM 22. Amend renumbered subrule 511.18(2) as follows: 511.18(2) At the discretion of the permit-issuing authority, the combined gross weight may exceed the statutory weight, but the axle weights shall be subject to rule 761—511.16(321,321E)761—511.17(321,321E). ITEM 23. Amend renumbered subrule 511.20(3) as follows: 511.20(3) Requirements for escorts, flags, signs and lights. The following chart explains the minimum escort and warning devices required for vehicles operating under permit.Minimum Warning Devices and Escort RequirementsFor Vehicles Operating Under Permit Flags/Signs Lights Escorts4-Lane2-Lane Length 75ʹ1ʺ up to and including 85ʹyesnot requirednot requirednot required Over 85ʹ up to and including 120ʹyesyesnot requirednot required Over 120ʹyesnot requiredrearrear Projections Front: over 25ʹnot requiredyesnot requirednot required Rear: over 4ʹ up to and including 10ʹflags onlynot requirednot requirednot required Rear: over 10ʹflags onlyyesnot requirednot required Height Over 14ʹ6ʺ up to and including 20ʹyesnot requiredfront with a height polefront with a height pole Weight Over 80,000 lbs.not requiredyesnot requirednot requirednot required Width Over 8ʹ6ʺ up to 12ʹ0ʺ yesnot requirednot requirednot requiredOver 12ʹ0ʺ up to and including 14ʹ6ʺ yesnot requiredrear * front *Over 14ʹ6ʺ up to and including 16ʹ6ʺ yesnot requiredrear *frontOver 16ʹ6ʺ up to and including 18ʹyesnot requiredrear front *In lieu of an escort, a carrier can display an amber light or strobe light on the power unit and on the rear extremity of the vehicle or load. yes = required Definitions:Flags - Red or orange fluorescent flags at least 18ʺ square must be mounted as follows: one flag at each front corner of the towing unit and one flag at each rear corner of the load. In addition, there must be a flag at any additional protrusion in the width of the load.Signs - A sign reading “Oversize Load” must be used. The sign must be at least 18ʺ high by 7ʹ long with a minimum of 10ʺ black letters, with a 1½ʺ stroke, on a yellow background, and mounted on the front bumper and on the rear of the load. The rear sign for mobile homes and factory-built structures must be mounted at least 7ʹ above the highway surface, measuring from the bottom of the sign.Lights - A flashing or strobe amber light that is visible for at least 500 feet and provides 360° warning must be mounted on the towing unit and be visible from front and rear. More than one light may be necessary.The permit-issuing authority may require additional escorts when deemed necessary. The signs or warning devices must be removed or covered when the vehicle is within legal dimensions. ITEM 24. Amend renumbered rule 761—511.20(321E), implementation sentence, as follows: This rule is intended to implement Iowa Code sections321E.8, 321E.14, 321E.24 and 321E.34. ITEM 25. Amend renumbered rule 761—511.21(321,321E), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 321.492, 321E.16, and 321E.20 and section 321E.29B as enacted by 2021 Iowa Acts, House File 382. ITEM 26. Amend renumbered paragraph 511.22(1)"c" as follows: c. The department shall exercise due regard for the safety of the traveling public and the protection of the highway surfaces and structures when establishing an economic export corridor. Factors to be considered include ability of the proposed economic export corridor to safely accommodate combinations of vehicles described in subrule 511.21(2)511.22(2), taking into account physical configurations and restrictions and traffic demands and capacity, as well as connection to markets that will benefit from the established economic export corridor. ITEM 27. Amend renumbered paragraph 511.22(2)"a", introductory paragraph, as follows: a. In addition to combinations of vehicles lawful for operation on roads or road segments not designated as an economic export corridor, the following combinations of vehicles may be operated on an economic export corridor designated under subrule 511.21(1)511.22(1) if the combinations of vehicles meet the requirements in paragraph 511.21(2)“b”511.22(2)“b”:ARC 7047CVeterans Affairs, Iowa Department of[801]Notice of Intended ActionProposing rulemaking related to veterans trust fund and providing an opportunity for public comment
The Iowa Department of Veterans Affairs hereby proposes to amend Chapter 14, “Veterans Trust Fund,” Iowa Administrative Code.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 35A.13.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code section 35A.13.Purpose and Summary This proposed rulemaking amends subrule 14.3(1) by updating income guidelines for the Veterans Trust Fund.Fiscal Impact This rulemaking has a fiscal impact on the State of Iowa in the form of cost reductions.Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any. Public Comment Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on August 1, 2023. Comments should be directed to: Missy Miller Iowa Department of Veterans Affairs Camp Dodge, Bldg. #3465 7105 NW 70th Avenue Johnston, Iowa 50131 Email: melissa.miller2@iowa.gov Public Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rulemaking may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Amend subrule 14.3(1) as follows: 14.3(1) Income. The department may not pay benefits under this chapter if the available liquid assets of a veteran are in excess of $20,000$15,000. For the purposes of this chapter, an applicant’s household income, including VA pension benefits, service-connected disability income, and social security income, shall not exceed 300200 percent of the federal poverty guidelines for the number of members living in the primary residence in effect on the date the application is received by the county director of veterans affairs. Federal poverty guidelines shall be those guidelines established by the Iowa department of human services for the veteran’s family size. The commission shall adjust the guidelines on July 1 of each year to reflect the most recent federal poverty guidelines. ARC 7044CNursing Board[655]Adopted and FiledRulemaking related to licensing regulation, veterans and military spouses
The Board of Nursing hereby amends Chapter 18, “Military Service and Veteran Reciprocity,” Iowa Administrative Code.Legal Authority for Rulemaking This rulemaking is adopted under the authority provided in Iowa Code section 147.76.State or Federal Law Implemented This rulemaking implements, in whole or in part, 2022 Iowa Acts, Senate File 2383.Purpose and Summary These amendments implement the licensure-related provisions of 2022 Iowa Acts, Senate File 2383. Specifically, this rulemaking updates the Board’s requirements for licensure of veterans and spouses of active duty members of the military forces of the United States.Public Comment and Changes to Rulemaking Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on March 8, 2023, as ARC 6945C. A public hearing was held on March 28, 2023. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rulemaking This rulemaking was adopted by the Board on June 14, 2023.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 655—Chapter 15.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rulemaking will become effective on August 16, 2023. The following rulemaking action is adopted:
ITEM 1. Adopt the following new definition of “Spouse” in rule 655—18.1(272C): "Spouse" means a spouse of an active duty member of the military forces of the United States. ITEM 2. Amend rule 655—18.3(272C) as follows:655—18.3(272C) Veteran and spouse reciprocity. 18.3(1) A veteran or spouse with a nursing license in another jurisdiction may apply for licensure in Iowa through reciprocity (endorsement) pursuant to 655—Chapter 3. A veteran or spouse must pass any examinations required for licensure to be eligible for licensure through reciprocity. A fully completed application for licensure submitted by a veteran or spouse under this subrule shall be given priority and shall be expedited. 18.3(2) Such an applicationAny application for licensure by reciprocity shall contain all of the information required of all applicants for licensure who hold licenses in other jurisdictions and who are applying for licensure by reciprocity, including, but not limited to, completion of all required forms, payment of applicable fees, disclosure of criminal or disciplinary histories, and, if applicable, a criminal history background check. The applicant shall use the same forms as any other applicant for licensure by reciprocity and shall additionally provide such documentation as is reasonably needed to verify the applicant’s status as a veteran under Iowa Code section 35.1(2) or as a spouse under rule 655—18.1(272C). 18.3(3) Upon receipt of a fully completed licensure application, the board shall promptly determine if the professional or occupational licensing requirements ofscope of practice in the jurisdiction where the applicant is licensed areis substantially equivalent to the licensing requirementsscope of practice in Iowa. The board shall make this determination based on information supplied by the applicant and such additional information as the board may acquire from the applicable jurisdiction. The board may consider the following factors in determining substantial equivalence: scope of practice, education and coursework, degree requirements, postgraduate experience, and examinations required for licensure. 18.3(4) The board shall promptly grant a license to the applicant if the applicant is licensed in the same or similar profession in another jurisdiction whose licensure requirements arescope of practice is substantially equivalent to those requiredthe scope of practice in Iowa, unless the applicant is ineligible for licensure based on other grounds, for example, the applicant’s disciplinary or criminal background. 18.3(5) If the board determines that the licensing requirementsscope of practice in the jurisdiction in which the applicant is licensed areis not substantially equivalent to those requiredthe scope of practice in Iowa, the board shall promptly inform the applicant of the additional experience, education, or examinationstraining required for licensure in Iowa. Unless the applicant is ineligible for licensure based on other grounds, such as disciplinary or criminal background, the following shall apply: a. If an applicant has not passed the required examination(s) for licensure, the applicant may not be issued a provisionaltemporary license but may request that the licensure application be placed in pending status for up to one year or as mutually agreed to provide the applicant with the opportunity to satisfy the examination requirements. b. If additional experience or educationor training is required in order for the applicant’s qualifications to be considered substantially equivalent, the applicant may request that the board issue a provisionaltemporary license for a specified period of time during which the applicant will successfully complete the necessary experience or educationor training. The board shall issue a provisionaltemporary license for a specified period of time upon such conditions as the board deems reasonably necessary to protect the health, welfare or safety of the public unless the board determines that the deficiency is of a character that the public health, welfare or safety will be adversely affected if a provisionaltemporary license is granted. c. If a request for a provisionaltemporary license is denied, the board shall issue an order fully explaining the decision and shall inform the applicant of the steps the applicant may take in order to receive a provisionaltemporary license. d. If a provisionaltemporary license is issued, the application for full licensure shall be placed in pending status until the necessary experience or educationor training has been successfully completed or the provisionaltemporary license expires, whichever occurs first. The board may extend a provisionaltemporary license on a case-by-case basis for good cause. 18.3(6) A veteranAn applicant who is aggrieved by the board’s decision to deny an application for a reciprocal license or a provisionaltemporary license or is aggrieved by the terms under which a provisionaltemporary license will be granted may request a contested case (administrative hearing) and may participate in a contested case by telephone. A request for a contested case shall be made within 30 days of issuance of the board’s decision. NoThe procedures of 655—Chapter 20 shall apply, except that no fees or costs shall be assessed against the applicant in connection with a contested case conducted pursuant to this subrule. [Filed 6/19/23, effective 8/16/23][Published 7/12/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/12/23.
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