Pursuant to the authority of 2013 Iowa Code section 15.106A and of 2013 Iowa Acts, House File 648, section 9, the Economic Development Authority hereby gives Notice of Intended Action to adopt new Chapter 56, “Employee Stock Ownership Plan (ESOP) Formation Assistance,” Iowa Administrative Code.    In 2013 Iowa Acts, House File 648, the General Assembly appropriated $500,000 to the Authority for purposes of providing financial assistance in the formation of employee stock ownership plans (ESOPs). The proposed rules establish a program to provide such assistance and describe the manner in which the Authority intends to implement and administer the program.    The Economic Development Authority Board approved this amendment on August 16, 2013, at the Board’s monthly meeting.    Any interested person may make written suggestions or comments on this proposed amendment on or before October 8, 2013. Paper materials with suggestions and comments may be directed to Timothy J. Whipple, Legal Counsel, Economic Development Authority, 200 East Grand Avenue, Des Moines, Iowa 50309. Electronic submissions may be sent to tim.whipple@iowa.gov.    After analysis and review of this rule making, no negative impact on jobs has been found, and the Authority finds that the new program is likely to substantially benefit the Iowa economy by helping retain businesses in Iowa and by transferring the wealth-producing capacity of an ESOP to its employee owners.    These rules are intended to implement 2013 Iowa Acts, House File 648.    The following amendment is proposed.

    Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin as ARC 0678C on April 3, 2013, proposing to amend Chapter 25, “Code of Professional Conduct and Ethics,” Iowa Administrative Code.     The Notice proposed to prohibit romantic or sexual relationships between licensees and former students for 180 days following the student’s graduation, if the licensee and the student had a direct or supervisory relationship prior to the student’s graduation.     The Board elected to terminate this rule making in order to further consider input from the field and the Administrative Rules Review Committee. The Board made changes to the language that was previously proposed and initiated a new rule making with publication of Notice of Intended Action ARC 0992C in the Iowa Administrative Bulletin on September 4, 2013.     After analysis and review of this rule making, there is no anticipated impact on jobs.

    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,” Chapter 31, “Nonattainment Areas,” and Chapter 33, “Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant Deterioration (PSD) of Air Quality,” Iowa Administrative Code.    The proposed rule making will adopt regulations from 40 CFR 51.165 to incorporate federal review and permitting procedures that allow facilities to construct or modify existing sources in areas that are not in attainment with the National Ambient Air Quality Standards (NAAQS). The construction of new major sources of air pollution (or major modifications of existing sources of air pollution) in areas that are not in attainment with the NAAQS is governed by federal Clean Air Act Nonattainment New Source Review (NSR) regulations.     On November 22, 2011, the U.S. Environmental Protection Agency (EPA) designated portions of Council Bluffs as nonattainment for violating the 2008 lead NAAQS. On July 25, 2013, EPA designated portions of Muscatine as nonattainment for violating the 2010 sulfur dioxide (SO 2 ) NAAQS. To bring the areas back into “attainment” status, the State must complete a number of tasks. First, the Department must submit to EPA a State Implementation Plan (SIP) revision that will demonstrate how the area will meet the lead and SO 2 NAAQS by the time lines specified in the Clean Air Act. Adopting the federal nonattainment major NSR provisions is a required element of the SIP revision. Attaining the lead and SO 2 NAAQS as expeditiously as possible in Council Bluffs and Muscatine will minimize the adverse economic impact that comes from a nonattainment designation.     The Commission previously adopted requirements for nonattainment areas in rule 567—22.5(455B). The provisions of rule 567—22.5(455B) must be retained, as permits issued during previous nonattainment declarations remain in effect. In an effort to streamline administrative rules, however, and to make them more user-friendly, all nonattainment rules will be moved into Chapter 31. The content of existing rule 567—22.5(455B) will be in rule 567—31.20(455B) and will apply only to areas designated nonattainment before May 18, 1998. The Department believes that retaining the content of rule 567—22.5(455B) (as new rule 567—31.20(455B)) will make the State’s administrative rules for nonattainment major NSR no more or less stringent than the rules in 40 CFR 51.165 based on the federal regulations that were in effect when an area was designated nonattainment. The requirements for areas designated nonattainment on or after May 18, 1998, are in rules 567—31.3(455B) to 567—31.9(455B). This ensures a clear delineation between the nonattainment major NSR rules that applied to areas designated nonattainment before May 18, 1998, and those that apply to areas designated nonattainment on or after May 18, 1998.     The Commission is proposing the following amendments:    Item 1 amends rule 567—20.1(455B,17A) to update information about the content of Chapters 22 and 31. Rules for areas designated nonattainment are in Chapter 31.     Item 2 amends rule 567—20.2(455B) to revise the definition of “excess emissions” to update the references to the nonattainment major NSR and prevention of significant deterioration (PSD) rules.     Item 3 amends the introductory paragraph of subrule 22.1(1) to update the references to the nonattainment major NSR and PSD rules.    Item 4 amends subrule 22.1(2) to update the reference to the nonattainment major NSR rules.     Item 5 amends subparagraph 22.1(3)“b”(7) to update the references to the nonattainment major NSR and PSD rules.    Item 6 amends subrule 22.1(4) to update the references to the nonattainment major NSR and PSD rules.    Item 7 rescinds rule 567—22.5(455B) and replaces it with a new rule that requires applicable owners or operators of a stationary source to comply with the nonattainment major NSR program requirements in rule 567—31.20(455B). The content of existing rule 567—22.5(455B) is moved to rule 567—31.20(455B).    Item 8 rescinds and reserves rule 567—22.6(455B), including a reference to an outdated EPA guidance document that is no longer used by the Department or the Commission.    Item 9 amends subrule 22.7(1) to update the list of attainment or unclassifiable areas in the state.    Item 10 amends subparagraph 22.105(1)“a”(3) to update the references to the nonattainment major NSR and PSD rules.    Item 11 amends rule 567—31.1(455B) to revise the introductory paragraph.    Item 12 amends rule 567—31.2(455B) to update the federal regulations relating to conformity of general federal actions to Iowa’s SIP. The adoption-by-reference date is updated, and redundant language is removed.    Item 13 adopts new rules 567—31.3(455B) to 567—31.20(455B) as the nonattainment major NSR rules. The federal regulations include many instructions to the states that could be confusing for businesses if the federal regulations were adopted by directly referencing the federal regulations. The Department is proposing to adopt the bulk of EPA’s nonattainment rules in 40 CFR 51.165 into Chapter 31 and to adopt actual plantwide applicability limits (40 CFR 51.165(f)) by reference, except where specified. The content of existing rule 567—22.5(455B) is transferred to rule 567—31.20(455B) to streamline administrative rules and make them more user-friendly.    Item 14 amends rule 567—33.1(455B) to include a reference to Chapter 31 in the introductory paragraph.    Jobs Impact Statement    After analysis and review of this rule making, the Department has determined that jobs could be impacted. However, these amendments are implementing federally mandated regulations. This rule making does not impose on Iowa businesses any regulations not required by federal law.     The Department is minimizing the impact of the federal regulations to the greatest extent possible by directly referencing federal regulations where possible. Further, nonattainment major NSR rules that apply to nonattainment areas designated before May 18, 1998, are being combined in the same rule chapter as the nonattainment NSR rule provisions for new nonattainment areas. This action streamlines the nonattainment NSR rules and makes them more user-friendly.    Any person may make written suggestions or comments on the proposed amendments on or before 4:30 p.m. on October 21, 2013. Written comments should be directed to Wendy Walker, Department of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Suite 1, Windsor Heights, Iowa 50324; fax (515)725-9501; or by e-mail to wendy.walker@dnr.iowa.gov.    A public hearing will be held on October 21, 2013, at 1 p.m. in the conference rooms at the Department’s Air Quality Bureau office located at 7900 Hickman Road, Windsor Heights, Iowa. All comments must be received no later than 4:30 p.m. on October 21, 2013.    Any person who intends to attend the public hearing and has special requirements such as those related to hearing or mobility impairments should contact Wendy Walker at (515)725-9570, or by e-mail at wendy.walker@dnr.iowa.gov to advise of any specific needs.    These amendments are intended to implement Iowa Code subsections 455B.133(1) and 455B.133(4).    The following amendments are proposed.

    Pursuant to the authority of Iowa Code section 68B.32A(1), the Iowa Ethics and Campaign Disclosure Board hereby gives Notice of Intended Action to amend Chapter 4, “Campaign Disclosure Procedures,” Iowa Administrative Code.     This proposed amendment is intended to implement Iowa Code section 68A.503, which prohibits campaign contributions from corporations.     Any interested person may make written comments on the proposed amendment no later than October 21, 2013, addressed to Megan Tooker, Iowa Ethics and Campaign Disclosure Board, 510 E. 12th Street, Suite 1A, Des Moines, Iowa 50319; e-mail megan.tooker@iowa.gov.     A public hearing will be held on October 17, 2013, from 1:30 to 2:30 p.m. at 510 E. 12th Street, Suite 1A, Des Moines, Iowa, 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 amendment.     After analysis and review of this rule making, no impact on jobs has been found.     This amendment is intended to implement Iowa Code section 68A.503.    The following amendment is proposed.

    Pursuant to the authority of Iowa Code section 68B.32A(1), the Iowa Ethics and Campaign Disclosure Board hereby gives Notice of Intended Action to amend Chapter 9, “Complaint, Investigation, and Resolution Procedures,” Iowa Administrative Code.     This proposed amendment is intended to implement Iowa Code section 68B.32B, which sets out the procedures for filing a complaint with the Board.     Any interested person may make written comments on the proposed amendment no later than October 21, 2013, addressed to Megan Tooker, Iowa Ethics and Campaign Disclosure Board, 510 E. 12th Street, Suite 1A, Des Moines, Iowa 50319; e-mail megan.tooker@iowa.gov.     A public hearing will be held on October 17, 2013, from 2:30 to 3:30 p.m. at 510 E. 12th Street, Suite 1A, Des Moines, Iowa, 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 amendment.     After analysis and review of this rule making, no impact on jobs has been found.     This amendment is intended to implement Iowa Code section 68B.32B.     The following amendment is proposed.

    Pursuant to the authority of Iowa Code section 249A.4 and 2013 Iowa Acts, Senate File 446, section 12, the Department of Human Services terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on July 24, 2013, as ARC 0888C, to amend Chapter 77, “Conditions of Participation for Providers of Medical and Remedial Care,” Iowa Administrative Code.     The Notice proposed to amend Chapter 77 by adding new rules to transition the provision of service provided by individual providers of personal care under the consumer-directed attendant care (CDAC) option to agency-provided personal care services and retain the consumer choice option for those individuals able and desiring to self-direct services.     The Department is terminating the rule making commenced in ARC 0888C.

    Pursuant to the authority of Iowa Code chapters 10A, 137C, and 137D and Iowa Code section 137F.2, the Department of Inspections and Appeals hereby gives Notice of Intended Action to rescind Chapter 30, “Food and Consumer Safety,” Iowa Administrative Code, and to adopt a new Chapter 30 with the same title.     The Department is proposing this rule making to coincide with the introduction of a new licensing and inspection data system in an effort to reduce the cost of updating the chapter. Adopting the new rules in the current system or updating the current rules in the new system and adding the new rules later would result in an additional cost of several thousands of dollars; whereas, there will be no additional cost now. A companion revision to Chapter 31, “Food Establishment and Food Processing Plant Inspections,” is also published herein under Notice of Intended Action as ARC 1025C.    The proposed rules include the following changes:    • Removing references to egg handlers, the responsibility for which was moved from the Department’s jurisdiction to the jurisdiction of the Iowa Department of Agriculture and Land Stewardship in 2012;    • Updating definitions;     • Formalizing the Department’s policy for the refund of license fees;     • Updating inspection frequency to be consistent with current practice;     • Clarifying the public’s access to and examination of records;     • Updating and consolidating the rules related to licensure actions and hearings; and     • Removing all inspection standards from the chapter (these will now be included in 481—Chapter 31).    Prior to the publication of this Notice of Intended Action, the Department circulated the rules and held informational sessions with municipal corporations under agreement with the Department, affected state agencies, and industry, professional, and consumer groups pursuant to Iowa Code section 137F.2. Comments were reviewed and changes incorporated into this Notice of Intended Action as appropriate.    Any interested person may make written suggestions or comments on these proposed rules on or before October 8, 2013. Such written materials should be directed to Steven Mandernach, Department of Inspections and Appeals, Third Floor, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319; fax (515)281-3291; or e-mail steven.mandernach@dia.iowa.gov.     A public hearing will be held on October 9, 2013, at 10 a.m. at the office of the Department of Inspections and Appeals, Room 319, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa, at which time persons may present their views either orally or in writing. A teleconference line will also be available for the public hearing by dialing (605)475-4000 and entering the following code when prompted: 671724#. 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 person who intends to attend the public hearing and who has special requirements, such as those relating to hearing or mobility impairments, should contact and advise the Department of specific needs.    These rules are subject to waiver under the Department’s general waiver provisions contained in 481—Chapter 6, “Uniform Waiver and Variance Rules.”    After review and analysis of this rule making, no impact on jobs has been found.    These rules are intended to implement Iowa Code chapters 10A, 137C, 137D, and 137F.    The following amendment is proposed.

    Pursuant to the authority of Iowa Code chapters 137C and 137D and sections 10A.104 and 137F.2, the Department of Inspections and Appeals hereby gives Notice of Intended Action to rescind Chapter 31, “Food Establishment and Food Processing Plant Inspections,” Iowa Administrative Code, and to adopt a new Chapter 31 with the same title.    The Department is proposing this rule making to coincide with the introduction of a new licensing and inspection data system in an effort to reduce the cost of updating the chapter. Adopting the new rules in the current system or updating the current rules in the new system and adding the new rules later would result in an additional cost of several thousands of dollars; whereas, there will be no additional cost now. In addition, the Department seeks to maintain current Food Code and food processing plant standards to assist industry in having consistent standards with nearby states. For example, Kansas and Nebraska have both moved to the 2009 Food Code and most current processing standards. A companion revision to Chapter 30, “Food and Consumer Safety,” is also being published herein under Notice of Intended Action as ARC 1026C.    The proposed amendment includes the following:    • Adopting the 2009 FDA Food Code with Supplement. A summary of the changes between the current Food Code (2005 with Supplement) and the proposed Food Code (2009 with Supplement) is available at http://www.fda.gov/Food/ GuidanceRegulation/RetailFoodProtection/FoodCode/ucm272584.htm and http://www.fda.gov/Food/ GuidanceRegulation/RetailFoodProtection/FoodCode/ucm188119.htm.    • Adopting the certified food protection manager requirement from the Food Code, along with transition provisions.    • Adopting provisions related to reduced oxygen packaging that reduce regulatory requirements and have been recommended for inclusion in the 2013 Food Code.    • Clarifying provisions related to reduced oxygen packaging of meats in custom exempt meat and poultry processing plants.    • Updating food processing inspection standards to coincide with current federal law and regulations and current practice.    • Removing enforcement provisions from Chapter 31 and moving them to Chapter 30.    • Reordering Food Code amendments to coincide with Food Code numbering.    The proposed amendment adopts the 2009 Food Code with Supplement requirement that establishments have a certified food protection manager. The cost of this requirement is approximately $140 per food establishment. The Department estimates that between 25 and 40 percent of establishments currently have a certified food protection manager. Approximately 10 percent of establishments and all temporary food establishments will be exempt from the requirement. Certified food protection manager programs are available from a variety of sources, including Iowa State University Extension, the Iowa Restaurant Association, local health departments, and online. Research, including research in Iowa, indicates an increase of compliance in areas that can cause foodborne illness in establishments with certified food protection managers. The requirement has a graduated implementation, with new establishments after January 1, 2014, being required to employ an individual who is a certified food protection manager. Other establishments must meet the requirement within six months of receiving a foodborne illness risk factor or public health intervention violation (those violations that can result in illness) or by January 1, 2018, whichever comes first.    The proposed amendment incorporates all possible standards needed for food processing. In the past, the Department has updated food processing standards as a new industry comes into the state. Because this has resulted in not having standards in place for a period of time, the Department is moving toward a complete adoption. If the current standards are not adopted, the Department cannot provide certificates of free sale, which are used to export food to other countries. Food processing standards continue to mirror federal requirements, as nearly every food processor in Iowa is subject to concurrent regulation by the Department and the Food and Drug Administration.    Prior to publication of this Notice of Intended Action, the Department circulated the rules and held informational sessions with municipal corporations under agreement with the Department, affected state agencies, and industry, professional, and consumer groups. Comments were reviewed and changes incorporated into the new chapter as appropriate.    Any interested person may make written suggestions or comments on the proposed rules on or before October 8, 2013. Such written materials should be directed to Steven Mandernach, Department of Inspections and Appeals, Third Floor, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319; fax (515)281-3291; or e-mail steven.mandernach@dia.iowa.gov.    A public hearing will be held on October 9, 2013, at 10 a.m. at the office of the Department of Inspections and Appeals, Room 319, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa, at which time persons may present their views either orally or in writing. A teleconference line will also be available for the public hearing by dialing (605)475-4000 and entering the following code when prompted: 671724#. 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 person who intends to attend the public hearing and who has special requirements, such as those relating to hearing or mobility impairments, should contact the Department and advise of specific needs.    The rules are subject to waiver under the Department’s general waiver provisions contained in 481—Chapter 6, “Uniform Waiver and Variance Rules.”    After analysis and review of this rule making, no impact on jobs has been found.    These rules are intended to implement Iowa Code chapters 10A, 137C, 137D, and 137F.    The following amendment is proposed.

    Pursuant to the authority of Iowa Code section 89.14 as amended by 2013 Iowa Acts, House File 484, the Boiler and Pressure Vessel Board hereby gives Notice of Intended Action to amend Chapter 90, “Administration of the Boiler and Pressure Vessel Program,” Iowa Administrative Code.    This amendment would amend the regulatory inspection schedule to conform with 2013 Iowa Acts, House File 484.    The purposes of this amendment are to make the rule more current and to implement legislative intent.     If requested in accordance with Iowa Code section 17A.4(1)“b” by the close of business on October 8, 2013, a public hearing will be held on October 9, 2013, at 1:30 p.m. in the Capitol View Room at 1000 East Grand Avenue, Des Moines, Iowa. Interested persons will be given the opportunity to make oral statements and file documents concerning the proposed amendment. The facility for the oral presentations is accessible to and functional for persons with physical disabilities. Persons who have special requirements should call (515)281-5915 in advance to arrange access or other needed services.    Written data, views, or arguments to be considered in adoption shall be submitted by interested persons no later than October 9, 2013, to the Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209. Comments may be sent electronically to kathleen.uehling@iwd.iowa.gov.    After analysis and review of this rule making, no impact on jobs has been found.    This amendment is intended to implement Iowa Code chapter 89 as amended by 2013 Iowa Acts, House File 484.     The following amendment is proposed.

    Pursuant to the authority of Iowa Code sections 321G.2 and 321G.7, the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 28, “Snowmobile and All-Terrain Vehicle Registration Revenue Cost-Share Program,” and Chapter 47, “Snowmobiles,” Iowa Administrative Code.     The proposed rule making implements the action steps identified in a process improvement event held by the Department with the Iowa State Snowmobile Association (ISSA) October 3 through 7, 2011. The purpose of this event was to work with key stakeholders to revamp the snowmobile cost-share program, as cost-share recipients had long asked for an improved process, clearer selection criteria, and an earlier deadline for submitting applications. After working together for one week, a new and improved program was developed.     The proposed rule making changes the snowmobile cost-share application submittal date from July 1 to May 1 each year (see proposed subrule 47.33(2)). By moving the cost-share cycle forward, applicants can enter into approved cooperative agreements sooner, allowing for better timing of preseason groomer repairs, trail development planning, and land acquisition such as securing land leases. The proposed rule making also provides more detailed project selection criteria for the purchase, repair and operation of grooming equipment, trail development, and land acquisition (see proposed rule 571—47.36(321G)). The proposed rule making also sets out that the records kept by entities receiving funds under this program are subject to audit by the Department and the State Auditor’s Office (see proposed rule 571—47.40(321G)). The proposed rule making also specifies the requirements for seeking funds for land acquisition such as easements and leases (see proposed rule 571—47.43(321G)). In addition, the proposed rule making provides more clarity on the reimbursement of expenses to ISSA (see proposed subrule 47.42(7)). While existing rules allow ISSA to seek reimbursement of certain expenses pursuant to an agreement with the Department, the proposed rule making clarifies the exact types of items eligible for reimbursement. Moreover, the proposed rule making provides additional oversight regarding payment to ISSA by mandating that the proposed agreement between ISSA and the Department be subject to selection criteria, review and selection committee recommendation, and approval by the Director of the Department.     The proposed rule making also moves the snowmobile cost-share program currently in Chapter 28 into the chapter containing other snowmobile rules, Chapter 47. Containing all program-specific rules in the same place is convenient to stakeholders.     The proposed rule making has positive impacts on the state and local economies, supporting existing jobs and growth. By moving the cost-share application deadline from July 1 to May 1, applicants can enter into approved cooperative agreements sooner, allowing for better timing of preseason groomer repairs, trail development planning, and land acquisition such as securing land leases. This ensures that preseason groomer repairs are completed well before the snow season; thus, groomers will be grooming trails rather than making repairs at the first snowfall. A groomed snowmobile trail is not only safer, but attracts riders from across the state and from surrounding states. States with early and consistently groomed trails are more likely to attract riders than states without these services. Snowmobilers have a proven spending record with local businesses such as gas stations, restaurants, hotels, and local snowmobile dealers. Preseason repairs provide a boost to local equipment and parts suppliers and other related businesses.     A snowmobile economic impact study conducted by Iowa State University indicated that in 2009 and 2010 Iowa’s 28,265 registered snowmobilers spent an estimated $76.3 million per year on snowmobile equipment and activities. Of that total expenditure, $50.3 million was spent in Iowa, with the remaining $26 million spent on trips out of state. Estimated expenditures by out-of-state snowmobilers riding in Iowa added an additional $556,600 of spending, for a total of $50.85 million. The in-state expenditures generated an estimated $30.4 million in additional transactions within the Iowa economy, resulting in an estimated $81.3 million in total transactions or sales, $27.9 million in personal income, and 1,101 jobs. The study concluded that if the state of Iowa could capture the $26 million that Iowa snowmobilers spent out of state, there would be the potential of providing an additional $41.9 million in total transactions, $14.5 million in additional household income, and 576 more jobs. See “The Economic Importance of Snowmobiling in Iowa,” prepared for ISSA, Daniel Otto, Dept. of Economics, ISU, author.    Capturing the out-of-state trip expenditures is directly related to trail development, maintenance and grooming activities in Iowa. The State of Iowa can facilitate efforts to keep stakeholders riding in Iowa by providing earlier cost-share approvals, leading to earlier preseason groomer repairs, trail development planning and landowner lease agreements. The existing rules limit the aforementioned activities due to the cost-share application deadline’s proximity to the snow season. The complete jobs impact statement is available from the Department upon request.    Any interested persons may make written suggestions or comments on the proposed amendments on or before October 8, 2013. Such written materials should be directed to David Downing, Iowa Department of Natural Resources, 502 E. 9th Street, Des Moines, Iowa 50319; fax (515)281-6794; telephone (515)281-3449; or e-mail David.Downing@dnr.iowa.gov.     Also, there will be a public hearing held on October 8, 2013, at 2 p.m. in the Third Floor Conference Room, Wallace State Office Building, 502 E. 9th Street, Des Moines, Iowa. Persons attending the public hearing may present their views orally or in writing. At the hearing, persons will be asked to provide their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.     Any persons who attend the public hearing and have special needs, such as hearing or mobility impairments, should contact the Department and advise of specific needs.    This rule making received preclearance from the Governor’s Office on March 21, 2013, and was approved by the Natural Resource Commission on May 9, 2013.    These amendments are intended to implement Iowa Code sections 321G.2 and 321G.7.    The following amendments are proposed.

    Pursuant to the authority of Iowa Code section 147.76, the Board of Chiropractic hereby gives Notice of Intended Action to amend Chapter 44, “Continuing Education for Chiropractic Physicians,” Iowa Administrative Code.     The proposed amendment clarifies the number of continuing education hours a licensee must obtain by type of presentation.     Any interested person may make written comments on the proposed amendment no later than October 8, 2013, addressed to Pierce Wilson, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075; e-mail pwilson@idph.state.ia.us.     A public hearing will be held on October 8, 2013, from 8:30 to 9 a.m. in the Fifth Floor Board Conference Room, Lucas 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 amendment.     After analysis and review of this rule making, no impact on jobs has been found.     This amendment is intended to implement Iowa Code sections 151.11 and 272C.2.     The following amendment is proposed.

    Pursuant to the authority of Iowa Code sections 421.14 and 422.68 and 2013 Iowa Acts, Senate File 295, the Department of Revenue hereby gives Notice of Intended Action to amend Chapter 80, “Property Tax Credits and Exemptions,” Iowa Administrative Code.    The subject matter of proposed new rule 701—80.49(441) is commercial and industrial property tax replacement. This rule implements 2013 Iowa Acts, Senate File 295, section 20, (new Iowa Code section 441.21A) which requires the Department of Revenue to administer counties’ commercial and industrial property tax replacement claims.     The new rule will not necessitate additional expenditures by political subdivisions or agencies and entities which contract with political subdivisions. However, for a fiscal year beginning on or after July 1, 2017, if an amount appropriated for a fiscal year is insufficient to pay all replacement claims, counties will receive a pro rata percentage of the replacement claims.     Any person who believes that the application of the discretionary provisions of this proposed rule would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any.    The Department has determined that this proposed rule may have an impact on small business. The Department has considered the factors listed in Iowa Code section 17A.4A. The Department will issue a regulatory analysis as provided in Iowa Code section 17A.4A if a written request is filed by delivery or by mailing postmarked no later than October 21, 2013, to the Policy Section, Policy and Communications Division, Department of Revenue, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306. The request may be made by the Administrative Rules Review Committee, the Administrative Rules Coordinator, at least 25 persons signing that request who each qualify as a small business or an organization representing at least 25 such persons.    Any interested person may make written suggestions or comments on this proposed rule on or before October 8, 2013. Such written comments should be directed to the Policy Section, Policy and Communications Division, Department of Revenue, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306. Persons who want to convey their views orally should contact the Policy Section, Policy and Communications Division, Department of Revenue, at (515)281-8450 or at the Department of Revenue offices on the fourth floor of the Hoover State Office Building.    Requests for a public hearing must be received by October 8, 2013.    After analysis and review of this rule making, no adverse impact on jobs has been found.     This rule is intended to implement 2013 Iowa Acts, Senate File 295, section 20.     The following amendment is proposed.

    Pursuant to the authority of Iowa Code sections 307.10, 307.12 and 321.252, the Iowa Department of Transportation hereby gives Notice of Intended Action to amend Chapter 119, “Tourist-Oriented Directional Signing,” Iowa Administrative Code.     The proposed changes will ease restrictions on small businesses interested in qualifying for the Tourist-Oriented Directional Signing program. The changes:     • Relax restrictions so that businesses within towns with a population between 2500 and 5000 can qualify for the program. Currently, the program is offered to rural areas and towns with a population of 2500 or less.     • Relax restrictions so that businesses within ten miles of the intersection on the primary highway where the signs are to be placed can qualify in all subcategories. Currently, the limit is set at five miles for two of the four subcategories.     • Relax restrictions so that a business can have both a tourist-oriented directional sign and a private directional sign within a mile of each other along a primary route. This is currently prohibited.     • Relax restrictions so that vehicle service and repair facilities are required to maintain hours of operation of at least eight hours per day and five days per week in order to qualify for the program. Current hours are set at eight hours per day and six days per week.     Other changes were made to eliminate redundancies, improve consistency in word usage, and correct nondiscrimination language and an agency name.     Any person or agency may submit written comments concerning these proposed amendments or may submit a written request to make an oral presentation. The comments or request shall:

1. Include the name, address, and telephone number of the person or agency authoring the comments or request.
2. Reference the number and title of the proposed rule, as given in this Notice, that is the subject of the comments or request.
3. Indicate the general content of a requested oral presentation.
4. Be addressed to Tracy George, Iowa Department of Transportation, Office of Policy and Legislative Services, 800 Lincoln Way, Ames, Iowa 50010; e-mail tracy.george@dot.iowa.gov.
5. Be received by the Office of Policy and Legislative Services no later than October 8, 2013.

    Pursuant to the authority of Iowa Code sections 306C.11, 307.10 and 307.12, the Iowa Department of Transportation hereby gives Notice of Intended Action to amend Chapter 120, “Private Directional Signing,” Iowa Administrative Code.     The proposed rule changes:     • Delete a restriction that prohibits a business or tourist attraction from placing a private directional sign within the daylight area of an intersection, exclusive of any public right-of-way.     • Add a restriction on the placement of any private directional sign which obstructs or impairs the vision of the motorist near an intersection or a railroad crossing pursuant to Iowa Code section 657.2.     • Clarify that if a trademark or logo is to be approved for use by the Department, it will serve as the identification of the business or attraction in lieu of a word message identifying the business or attraction.     • Provide exceptions for signs measuring 32 square feet or less in size; the Tourist Signing Committee will not need to review these applications, and there is no application fee.     • Correct nondiscrimination language and the implementation sentence.     Any person or agency may submit written comments concerning these proposed amendments or may submit a written request to make an oral presentation. The comments or request shall:

1. Include the name, address, and telephone number of the person or agency authoring the comments or request.
2. Reference the number and title of the proposed rule, as given in this Notice, that is the subject of the comments or request.
3. Indicate the general content of a requested oral presentation.
4. Be addressed to Tracy George, Iowa Department of Transportation, Office of Policy and Legislative Services, 800 Lincoln Way, Ames, Iowa 50010; e-mail tracy.george@dot.iowa.gov.
5. Be received by the Office of Policy and Legislative Services no later than October 8, 2013.