Pursuant to the authority of Iowa Code section 544A.29, the Architectural Examining Board hereby gives Notice of Intended Action to amend Chapter 3, “Continuing Education,” Iowa Administrative Code.    The proposed amendment is a result of the five-year rolling review of rules outlined in Iowa Code section 17A.7(2). The rules in Chapter 3 describe professional licensees’ continuing education requirement as a condition of registration renewal. The proposed amendment clarifies that an architect who is reinstating to active status will be able to report a reduced number of continuing education hours, which is the current practice of the Board.     Consideration will be given to all written suggestions or comments received on or before January 24, 2017. Comments should be directed to Lori SchraderBachar, Iowa Architectural Examining Board, 200 E. Grand Avenue, Suite 350, Des Moines, Iowa 50309. E-mail may be sent to lori.schraderbachar@iowa.gov.     A public hearing will be held on January 24, 2017, at 9 a.m. in the Board Office, 200 E. Grand, Suite 350, Des Moines, Iowa, at which time persons may present their views on the proposed amendment either orally or in writing. At the hearing, any person who wishes to speak will be asked to give the person’s name and address for the record and to confine remarks to the subject of the proposed amendment.    Any persons who intend to attend the public hearing and have special requirements, such as those relating to hearing or mobility impairments, should contact the Board and advise of specific needs.    This proposed amendment is subject to waiver or variance pursuant to 193—Chapter 5.    This proposed amendment was approved by the Board on November 15, 2016.    After analysis and review of this rule making, the Board determined that there will be no impact on jobs and no fiscal impact to the state.     This amendment is intended to implement Iowa Code section 544A.10.     The following amendment is proposed.

    Pursuant to the authority of Iowa Code section 6B.2A(1)“f,” the Attorney General hereby gives Notice of Intended Action to amend Chapter 34, “Acquisition Negotiation Statement of Rights,” Iowa Administrative Code.     The limited purposes of the amendments to Chapter 34 are to remove outdated references to a 1999 session law, to remove a provision that implemented a statutory provision that has now been repealed, and to make a clarification and editorial enhancement to one provision.     Any interested person may make written suggestions or comments on the proposed amendments on or before January 24, 2017. Such written materials should be directed to David L. Dorff, Assistant Attorney General, Environmental Division, Iowa Attorney General’s Office, Hoover State Office Building, 1305 E. Walnut Street, Des Moines, Iowa 50319; fax (515)281-4209; or via e-mail to David.Dorff@iowa.gov. Persons who wish to convey their views orally should contact Mr. Dorff at (515)281-6710 or at the office of the Environmental Division on the second floor of the Hoover State Office Building.    After analysis and review of this rule making, no impact on jobs has been found.    These amendments are intended to implement Iowa Code section 6B.2A(1)“f.”    The following amendments are proposed.

    Pursuant to the authority of Iowa Code section 217.3(6) and 2016 Iowa Acts, House File 2460, section 12, the Department of Human Services proposes to amend Chapter 51, “Eligibility,” and Chapter 52, “Payment,” Iowa Administrative Code.    These amendments implement the January 1, 2017, cost-of-living adjustment (COLA) increases to the income limits and benefit amounts for several State Supplementary Assistance (SSA) categories. These amendments also implement the changed personal needs allowance for residential care facility assistance and family life home assistance. The net change to the personal needs allowance is a decrease due to a small COLA percentage increase that is offset by a decrease in the average monthly Medicaid copays used to calculate the amount of this deduction.    Any interested person may make written comments on the proposed amendments on or before January 24, 2017. Comments should be directed to Harry Rossander, Bureau of Policy Coordination, Department of Human Services, Hoover State Office Building, Fifth Floor, 1305 East Walnut Street, Des Moines, Iowa 50319-0114. Comments may also be sent by fax to (515)281-4980 or by e-mail to policyanalysis@dhs.state.ia.us.    These amendments do not provide for waivers in specified situations since the increases are required by federal and state law.    These amendments were also Adopted and Filed Emergency and are published herein as ARC 2891C. The purpose of this Notice is to solicit public comment on that submission, the subject matter of which is incorporated by reference.    After analysis and review of this rule making, no impact on jobs has been found.    These amendments are intended to implement Iowa Code section 217.3(6) and 2016 Iowa Acts, House File 2460, section 12.

    Pursuant to the authority of Iowa Code sections 307.12, 307A.2, 321.188, 321.449 and 321.450, the Iowa Department of Transportation hereby gives Notice of Intended Action to amend Chapter 520, “Regulations Applicable to Carriers,” Chapter 529, “For-Hire Interstate Motor Carrier Authority,” and Chapter 607, “Commercial Driver Licensing,” Iowa Administrative Code.    Iowa Code section 321.188 requires the Department to adopt rules to administer commercial driver’s licenses in compliance with certain portions of 49 Code of Federal Regulations (CFR) Part 383.    Iowa Code section 321.449 requires the Department to adopt rules consistent with the Federal Motor Carrier Safety Regulations (FMCSR) promulgated under United States Code, Title 49, and found in 49 CFR Parts 385 and 390 to 399. Iowa Code section 321.450 requires the Department to adopt rules consistent with the Federal Hazardous Materials Regulations (HMR) promulgated under United States Code, Title 49, and found in 49 CFR Parts 107, 171 to 173, 177, 178 and 180.    Commercial vehicles transporting goods in interstate commerce are subject to the FMCSR on the effective dates specified in the Federal Register (FR). Commercial vehicles transporting hazardous materials in interstate commerce or transporting certain hazardous materials intrastate are subject to the HMR on the effective dates specified in the FR. The adoption of the federal regulations by the Department will extend the enforcement of the regulations to commercial vehicles operated intrastate unless exempted by statute.    The proposed amendments to Chapter 520 adopt the current CFR dated October 1, 2016, for 49 CFR Parts 107, 171, 172, 173, 177, 178, 180, 385 and 390 to 399.    The proposed amendment to Chapter 529 adopts the current CFR dated October 1, 2016, for 49 CFR Parts 365 to 368 and 370 to 379.    The proposed amendment to Chapter 607 adopts the current CFR dated October 1, 2016, for certain portions of 49 CFR Part 383.    Proposed federal regulations are published in the FR to allow a period for public comment, and after adoption, the final regulations are published in the FR.    To ensure the consistency required by statute, the Department adopts the specified parts of 49 CFR as adopted by the United States Department of Transportation.    No changes within 761—Chapter 607 to 49 CFR Section 383.51 and 49 CFR Subparts E, G and H of Part 383 have occurred since the adoption of the October 1, 2015, CFR.    The amendments to the FMCSR and the HMR that have become final and effective since the 2015 edition of the CFR are listed below and affect 761—Chapters 520 and 529. The parts affected are followed by FR citations.    Amendments to the FMCSR and Federal HMR     Parts 365-366, 368, 385, 390 and 392 (FR Vol. 80, No. 203, Pages 63695-63714, 10-21-15)    This final rule delays the effective and compliance dates for Federal Motor Carrier Safety Administration’s (FMCSA) August 23, 2013, Unified Registration System (URS) final rule. Because FMCSA changes the effective date (the actual date when the regulatory text that appears in the CFR will be changed) and makes technical corrections and conforming amendments to the 2013 regulatory text, FMCSA determined that it is in the best interest of the regulated entities, state partners and the general public to present the full text of the sections affected. The 2013 URS final rule was issued to improve the registration process for motor carriers, property brokers, freight forwarders, intermodal equipment providers, hazardous materials safety permit applicants and cargo tank facilities required to register with FMCSA, and streamline the existing federal registration processes to ensure FMCSA can more efficiently track these entities. This final rule delays the implementation of the 2013 final rule in order to allow FMCSA additional time to complete the information technology systems work required to fully implement that rule. Effective date: September 30, 2016, except for sections 365.T106, 368.T3 and 390.T200, which are effective from December 12, 2015, through September 29, 2016. Compliance date: September 30, 2016, except that new applicants must comply with sections 365.T106, 368.T3 or 390.T200 (as applicable) from December 12, 2015, through September 29, 2016.     Parts 171-173, 177-178 and 180 (FR Vol. 80, No. 225, Pages 72914-72929, 11-23-15)    This final rule amends the Pipeline and Hazardous Materials Safety Administration (PHMSA) HMRs to correct editorial errors, make minor regulatory changes and, in response to requests for clarification, improve the clarity of certain provisions. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are nonsubstantive changes and do not impose new requirements. Effective date: December 23, 2015.     Part 390 (FR Vol. 80, No. 229, Pages 74695-74710, 11-30-15)    This final rule adopts FMCSA regulations that prohibit motor carriers, shippers, receivers, or transportation intermediaries from coercing drivers to operate commercial motor vehicles (CMVs) in violation of certain provisions of the FMCSRs. These provisions include drivers’ hours-of-service limits, the commercial driver’s license (CDL) regulations, drug and alcohol testing rules, and the HMRs. In addition, the rule prohibits anyone who operates a CMV in interstate commerce from coercing a driver to violate the commercial regulations. This rule includes procedures for drivers to report incidents of coercion to FMCSA, establishes rules of practice that FMCSA will follow in response to reports of coercion, and describes penalties that may be imposed on entities found to have coerced drivers. This rule making is authorized by Section 32911 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Motor Carrier Safety Act of 1984, as amended. Effective date: January 29, 2016.     Parts 385, 390 and 395 (FR Vol. 80, No. 241, Pages 78291-78416, 12-16-15)    This final rule amends the FMCSA’s regulations to establish minimum performance and design standards for hours-of-service (HOS) electronic logging devices (ELDs), requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status, requirements concerning HOS supporting documents, and measures to address concerns about harassment resulting from the mandatory use of ELDs. The requirements for ELDs will improve compliance with the HOS rules. Effective date: February 16, 2016. Compliance date: December 18, 2017.     Parts 171-173 and 177 (FR Vol. 80, No. 244, Pages 79423-79453, 12-21-15)    This final rule amends PHMSA’s HMRs by establishing standards for the safe transportation of explosives on cargo tank motor vehicles and multipurpose bulk trucks transporting materials for blasting operations. This rule making is responsive to two petitions for rule making submitted by industry representatives: P-1557, concerning the continued use of renewal applications, and P-1583, concerning the incorporation of an industry standard publication. Further, developing these requirements provides wider access to the regulatory flexibility currently only offered by special permits and competent authorities. The requirements of this final rule mirror the majority of provisions contained in nine widely used, longstanding special permits that have established safety records. These requirements eliminate the need for future renewal requests, thus reducing paperwork burdens and facilitating commerce while maintaining a commensurate level of safety. This final rule authorizes the transportation of certain explosives, ammonium nitrates, ammonium nitrate emulsions, and other specific hazardous materials in both nonbulk and bulk packaging, which are not otherwise authorized under current regulations. These hazardous materials are used in blasting operations on cargo tank motor vehicles and specialized vehicles, known as multipurpose bulk trucks, which are used as mobile work platforms to create blends of explosives that are unique to each blast site. Finally, this rule making addresses the construction of new multipurpose bulk trucks. Effective date: January 20, 2016.     Parts 107, 171-173, 177, 178 and 180 (FR Vol. 81, No. 13, Pages 3635-3686, 1-21-16)    This final rule amends PHMSA HMRs required by MAP-21 to adopt provisions contained in certain widely used or longstanding special permits that have an established safety record. The adopted amendments are intended to provide wider access to the regulatory flexibility offered in special permits and eliminate the need for numerous renewal requests. The adopted amendments will also reduce paperwork burdens and facilitate commerce while maintaining an appropriate level of safety. PHMSA conducted an extensive analysis of all active special permits and codified, as appropriate, those special permits deemed suitable in this rule making. Effective date: February 22, 2016. Voluntary compliance date: beginning February 22, 2016. Delayed compliance date: January 23, 2017.     Part 390 (FR Vol. 81, No. 51, Pages 13998-14000, 3-16-16)    This final rule extends the compliance date by which motor carriers of passengers operating CMVs under a lease or interchange agreement are subject to the FMCSA final rule published May 27, 2015, for one year, to January 1, 2018. FMCSA received numerous petitions for reconsideration of the final rule and, based upon a review of the petitions, determined that the compliance date should be extended to provide sufficient time to address the issues raised by the petitioners. FMCSA is adding a temporary section to its regulations to inform the public of this extension. There will no longer be a need for the section on the compliance date after January 1, 2018; thus, the temporary section will be in effect only from March 16, 2016, through January 1, 2018. Effective date: March 16, 2016, until January 1, 2018. Compliance date: January 1, 2018.     Parts 171 and 173 (FR Vol. 81, No. 62, Pages 18527-18541, 3-31-16)    This final rule adopts PHMSA regulatory amendments applicable to the reverse logistics shipments of certain hazardous materials by highway transportation. This final rule revises the HMRs to include a definition of “reverse logistics” and provides appropriate provisions for hazardous materials within the scope of this definition. This final rule also expands a previously existing exception for return shipments of used automobile batteries transported between a retail facility and a recycling center. PHMSA incorporated recommendations from petitions for rule making and public comment into this rule making. Effective date: March 31, 2016.     Parts 171, 173 and 178 (FR Vol. 81, No. 83, Pages 25613-25618, 4-29-16)    This PHMSA direct final rule incorporates by reference the most recent editions of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code. The purpose of this update is to enable nonspecification (nurse tank) manufacturers and other DOT and United Nations specification packaging manufacturers to utilize current technology, materials, and practices to help maintain a high level of safety. PHMSA is replacing the ASME referenced standard (1998 Edition) with the new, current ASME standard (2015 Edition) for boiler and pressure vessels. PHMSA is also replacing the ASME 1998 Edition referenced standard of ASME’s Transportation Systems for Liquids and Slurries: Pressure Piping to the current 2012 Edition. Effective date: June 28, 2016.     Parts 107, 171-173, 177-178 and 180 (FR Vol. 81, No. 106, Pages 35483-35546, 6-02-16)    This final rule amends PHMSA’s HMRs to make miscellaneous amendments in order to update and clarify certain regulatory requirements. These amendments are designed to promote safer transportation practices, address petitions for rule making, respond to National Transportation Safety Board (NTSB) safety recommendations, facilitate international commerce, make editorial corrections, and simplify the regulations. The amendments in this rule making include, but are not limited to, removing the packing group II designation for certain organic peroxides, self-reactive substances, and explosives; incorporating requirements for trailers of manifolded acetylene cylinders; providing requirements to allow for shipments of damaged wet electric batteries; and revising the requirements for the packaging of nitric acid, testing of pressure relief devices on cargo tanks, and shipments of black or smokeless powder for small arms. Effective date: July 5, 2016.     Part 392 (FR Vol. 81, No. 109, Pages 36474-36479, 6-07-16)    This final rule revises FMCSA’s regulations by requiring passengers in property-carrying CMVs to use the seat belt assembly whenever the vehicles are operated on public roads in interstate commerce. This rule holds motor carriers and drivers responsible for ensuring that passengers riding in the property-carrying CMV are using the seat belts required by the Federal Motor Carrier Safety Standards. Effective date: August 8, 2016.     Part 385 (FR Vol. 81, No. 117, Pages 39587-39590, 6-17-16)    This final rule amends FMCSA’s hazardous materials safety permit rules to update the current incorporation by reference of the Commercial Vehicle Safety Alliance’s “North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR part 173.403.” Currently, the rules reference the April 1, 2015, edition of the out-of-service criteria, and through this final rule, FMCSA incorporates the April 1, 2016, edition. Effective date: June 17, 2016.     Part 392 (FR Vol. 81, No. 129, Page 43957, 7-06-16)    This final rule corrects an error in FMCSA’s June 7, 2016, final rule “Driving of Commercial Motor Vehicles: Use of Seat Belts.” The amendatory language in the final rule inadvertently limited the applicability of the requirement for drivers to use their seat belts to operators of property-carrying vehicles. This correction fixes the error such that drivers of passenger-carrying vehicles will continue to be required to wear their seat belts. Effective date: August 8, 2016.     Parts 365, 390-393 and 395-396 (FR Vol. 81, No. 141, Pages 47714-47722, 7-22-16)    This final rule adopts, as final, certain FMCSA regulations required by the Fixing America’s Surface Transportation Act (FAST Act) enacted on December 4, 2015. The statutory changes went into effect on October 1, 2015, retroactively, and require that FMCSA make conforming changes to its regulations to ensure they are current and consistent with the statutory requirements. Adoption of these rules is a nondiscretionary, ministerial action that FMCSA may take without issuing a notice of proposed rule making and receiving public comment, in accordance with the good cause exception available to federal agencies under the Administrative Procedure Act. Effective date: July 22, 2016.     Parts 393 and 396 and Appendix G (FR Vol. 81, No. 141, Pages 47722-47732, 7-22-16)    This final rule amends FMCSA’s regulations in response to several petitions for rule making from Commercial Vehicle Safety Alliance and the American Trucking Associations and two safety recommendations from NTSB. Specifically, FMCSA adds a definition of “major tread groove” and an illustration to indicate the location of tread wear indicators or wear bars on a tire signifying a major tread groove; revises the rear license plate lamp requirement to eliminate the requirement for an operable rear license plate lamp on vehicles when there is no rear license plate present; amends the regulations regarding tires to prohibit the operation of a vehicle with speed-restricted tires at speeds that exceed the rated limit of the tire; provides specific requirements regarding when violations or defects noted on an inspection report must be corrected; amends two appendices to the FMCSRs to include provisions for the inspection of antilock braking systems and automatic brake adjusters, speed-restricted tires, and motor coach passenger seat mounting anchorages; amends the periodic inspection rules to eliminate the option for a motor carrier to satisfy the annual inspection requirement through a violation-free roadside inspection; and amends the inspector qualification requirements as a result of the amendments to the periodic inspection rules. In addition, FMCSA eliminates introductory regulatory text from an appendix to the FMCSRs because the discussion of the differences between the North American Standard Inspection out-of-service criteria and FMCSA’s periodic inspection criteria is unnecessary. Effective date: July 22, 2016.     Parts 365-366, 368, 385, 390 and 392 (FR Vol. 81, No. 145, Pages 49553-49555, 7-28-16)    This final rule is correcting the effective and compliance dates for FMCSA’s August 23, 2013, URS final rule, as revised on October 21, 2015. The 2013 URS final rule was issued to improve the registration process for motor carriers, property brokers, freight forwarders, intermodal equipment providers, hazardous material safety permit applicants, and cargo tank facilities required to register with FMCSA and streamline the existing federal registration processes to ensure FMCSA can more efficiently track these entities. The October 21, 2015, final rule made slight revisions to the 2013 rule and delayed the effective dates of that rule. This final rule corrects the effective and compliance dates, revised in 2015, and corrects regulatory provisions that have not yet gone into effect, as well as several temporary sections that are in effect already, to allow FMCSA additional time to complete the information technology systems work. Effective date: July 28, 2016.     Part 393, Appendix G (FR Vol. 81, No. 171, Pages 60633-60634, 9-02-16)    This final rule makes corrections to a final rule published in the Federal Register on July 22, 2016, regarding amendments to the FMCSRs in response to several petitions for rule making and NTSB recommendations. FMCSA makes several minor clerical corrections regarding the rear license plate lamp requirements and the periodic inspection requirements for antilock brake systems. Effective date: September 2, 2016.     Part 393 (FR Vol. 81, No. 185, Pages 65568-65574, 9-23-16)    This final rule amends FMCSA’s regulations to allow the voluntary mounting of certain devices on the interior of the windshields of CMVs, including placement within the area that is swept by the windshield wipers. Section 5301 of the FAST Act directs FMCSA to amend the FMCSRs to allow devices to be mounted on the windshield that utilize “vehicle safety technology,” as defined in the Act. In addition, Section 5301 states that all windshield-mounted devices/technologies with a limited two-year exemption in effect on the date of enactment, shall be considered to meet the equivalent-or-greater safety standard required for the initial exemption. Promulgation of this final rule is a nondiscretionary, ministerial action that does not require prior notice and public comment under the Administrative Procedure Act. Effective date: October 24, 2016.    Various portions of the federal regulations and Iowa statutes allow some exceptions when the exceptions will not adversely impact the safe transportation of commodities on the Nation’s highways. Granting additional exceptions for drivers and the motor carrier industry in Iowa would adversely impact the safety of the traveling public in Iowa.    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, Rules Administrator, Iowa Department of Transportation, Operations and Finance Division, 800 Lincoln Way, Ames, Iowa 50010; e-mail address: tracy.george@iowadot.us.    5. Be received by the Department’s rules administrator no later than January 24, 2017.    A meeting to hear requested oral presentations is scheduled for Thursday, January 26, 2017, at 10 a.m. at the Iowa Department of Transportation’s Motor Vehicle Division offices located at 6310 SE Convenience Boulevard, Ankeny, Iowa.    The meeting will be canceled without further notice if no oral presentation is requested.    The proposed amendments may have an impact on small business. A request for a regulatory analysis pursuant to Iowa Code section 17A.4A must be submitted to the Department’s rules administrator at the address listed in this Notice by February 6, 2017.    After analysis and review of this rule making, no impact on jobs has been found.    These amendments are intended to implement Iowa Code sections 321.188, 321.449, 321.450 and 327B.1.    Proposed rule-making actions:

    Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services amends Chapter 11, “Collection of Public Assistance Debts,” Iowa Administrative Code.    The Department must establish a claim when Supplemental Nutrition Assistance Program (SNAP) benefits are overpaid or trafficked. When collection of a claim is delinquent, the claim must be referred for recovery by the federal Treasury Offset Program (TOP). This amendment implements a change to Section 3716(c)(6) of Title 31, United States Code (U.S.C.), that shortens the time frame for referring delinquent claims to TOP. Under the revised time frames, claims must be referred to TOP if they are delinquent over 120 days, instead of if they are delinquent over 180 days.    Persons who owe a SNAP claim and are delinquent in making repayment will be referred to TOP sooner to withhold the debt from federal payments eligible for offset, such as income tax refunds.    Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2770C on October 12, 2016. The Department received no comments during the public comment period. This amendment is identical to that published under Notice of Intended Action.    Pursuant to Iowa Code section 17A.5(2)“b”(1)(b), the Department finds that the normal effective date of this amendment, 35 days after publication, should be waived and the amendment made effective December 14, 2016, because the amendment confers a benefit on the public by ensuring that administrative rules are in compliance with federal requirements for more timely processing of claims. Federal statute 31 U.S.C. 3716(c)(6) recently changed and shortens the time frame for referring delinquent claims to TOP. Under the revised time frames, claims must be referred to TOP if they are delinquent over 120 days, instead of if they are delinquent over 180 days.    The Council on Human Services adopted this amendment on December 14, 2016.    This amendment does not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217).    After analysis and review of this rule making, no impact on jobs has been found.    This amendment is intended to implement Iowa Code section 234.6.    This amendment became effective December 14, 2016.    The following amendment is adopted.

    Pursuant to the authority of Iowa Code section 217.3(6) and 2016 Iowa Acts, House File 2460, section 12, the Department of Human Services amends Chapter 51, “Eligibility,” and Chapter 52, “Payment,” Iowa Administrative Code.    These amendments implement the January 1, 2017, cost-of-living adjustment (COLA) increases to the income limits and benefit amounts for several State Supplementary Assistance (SSA) categories. These amendments also implement the changed personal needs allowance for residential care facility assistance and family life home assistance. The net change to the personal needs allowance is a decrease due to a small COLA percentage increase that is offset by a decrease in the average monthly Medicaid copays used to calculate the amount of this deduction.    The Council on Human Services adopted these amendments on December 14, 2016.    Pursuant to Iowa Code section 17A.4(3), the Department finds that notice and public participation are unnecessary because these amendments increase payment amounts and income limits under the SSA program in accordance with COLA increases in Supplemental Security Income (SSI) benefits, as required to meet federal pass-along requirements and by the Iowa General Assembly. In addition, according to the recent federal government announcement, the annual SSI COLA increases will become effective January 1, 2017, which will allow time for notice and public comment before the changes become effective.    Pursuant to Iowa Code sections 17A.5(2)“b”(1)(a) and (b), the Department further finds that the normal effective date of these amendments, 35 days after publication, should be waived and the amendments made effective January 1, 2017. These amendments confer a benefit on the public and are in compliance with 2016 Iowa Acts, House File 2460, section 12.    These amendments are also published herein under Notice of Intended Action as ARC 2890C to allow for public comment.    These amendments do not provide for waivers in specified situations since the increases are required by federal and state law.    After analysis and review of this rule making, no impact on jobs has been found.    These amendments are intended to implement Iowa Code section 217.3(6) and 2016 Iowa Acts, House File 2460, section 12.    The Administrative Rules Review Committee reviewed these amendments on December 13, 2016.    These amendments became effective January 1, 2017.    The following amendments are adopted.

    Pursuant to the authority of Iowa Code section 206.6(5)“b,” the Department of Agriculture and Land Stewardship hereby amends Chapter 45, “Pesticides,” Iowa Administrative Code.    This amendment adds a definition of the sensitive crop registry by including the FieldWatch™ program. This amendment reflects the Department’s planned move to the FieldWatch™ online registry tools for pesticide-sensitive crops to assist pesticide-sensitive crops, beekeepers and pesticide applicators.    Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2807C on November 9, 2016. No comments were received from the public. This amendment is identical to that published under Notice.    After analysis and review of this rule making, no impact on jobs has been found.    This amendment is intended to implement Iowa Code section 206.6.    This amendment will become effective February 8, 2017.    The following amendment is adopted.

    Pursuant to the authority of Iowa Code section 206.5(7), the Department of Agriculture and Land Stewardship hereby amends Chapter 45, “Pesticides,” Iowa Administrative Code.    This amendment eliminates the requirement for an applicator’s social security number on the certificate of completion form for pesticide applicator continuing instruction courses.     Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2708C on September 14, 2016. No comments were received from the public. This amendment is identical to that published under Notice.    After analysis and review of this rule making, no adverse impact on jobs has been found.    This amendment is intended to implement Iowa Code section 206.5(7).    This amendment will become effective February 8, 2017.    The following amendment is adopted.

    Pursuant to the authority of Iowa Code section 99D.22(5), the Department of Agriculture and Land Stewardship hereby amends Chapter 62, “Registration of Iowa-Foaled Horses and Iowa-Whelped Dogs,” Iowa Administrative Code.    This amendment will simplify the process for registering a standardbred horse as an Iowa-foaled horse by eliminating the requirement that the U.S. Trotting Association Certificate be physically sent to the Department. The Department is able to verify standardbred registration on the U.S. Trotting Association Web site.    Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2720C on September 28, 2016. No comments were received from the public. This amendment is identical to that published under Notice.    After analysis and review of this rule making, no adverse impact on jobs has been found.    This amendment is intended to implement Iowa Code section 99D.22(5).    This amendment will become effective February 8, 2017.    The following amendment is adopted.

    Pursuant to the authority of Iowa Code section 99D.22(5), the Department of Agriculture and Land Stewardship hereby amends Chapter 62, “Registration of Iowa-Foaled Horses and Iowa-Whelped Dogs,” Iowa Administrative Code.    This amendment eliminates a reference to an Iowa residency requirement for quarter horse stallion owners. This amendment was inadvertently omitted from ARC 1582C (IAB 8/20/14).    Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2785C on October 26, 2016. No comments were received from the public. This amendment is identical to that published under Notice.    After analysis and review of this rule making, no adverse impact on jobs has been found.    This amendment is intended to implement 2014 Iowa Acts, Senate File 2185.    This amendment will become effective February 8, 2017.    The following amendment is adopted.

    Pursuant to the authority of Iowa Code section 189A.7(8), the Department of Agriculture and Land Stewardship hereby amends Chapter 76, “Meat and Poultry Inspection,” Iowa Administrative Code.    This amendment updates references to federal regulations in order to retain recognition of the state meat and poultry program.    Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2803C on November 9, 2016. No comments were received from the public. This amendment is identical to that published under Notice.    After analysis and review of this rule making, no adverse impact on jobs has been found.    This amendment is intended to implement Iowa Code section 159.5(8) and chapter 189A.    This amendment will become effective February 8, 2017.    The following amendment is adopted.

    Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services amends Chapter 36, “Facility Assessments,” and Chapter 82, “Intermediate Care Facilities for Persons with an Intellectual Disability,” Iowa Administrative Code.    These amendments change the timing and calculation of an intermediate care facilities for persons with an intellectual disability (ICF/ID) assessment. The change is to collect quarterly from the facilities based on paid claims, rather than withhold from claims monthly based on the prior period’s annual revenue.    In addition to the timing and calculation of the fee, penalty provisions for late payments are included. The penalties include a 1.5 percent fee for late submissions and include suspension of payments after three months of delinquency.    Provisions regarding Medicaid reimbursement to ICFs/ID for assessment fees paid are amended to reflect current practice, modified according to the change in the timing and calculation of the assessment. Fees assessed are not currently treated as an allowable cost, which would be subject to cost-based limits. Rather, ICF/ID reimbursement includes an add-on based on the assessments as currently calculated. The amendments provide for an add-on to the per diem reimbursement rate based on the annual assessments paid by a facility, divided by total annual patient days. Obsolete provisions regarding payments to state-operated facilities during the transition to the ICF/ID assessments are rescinded.    Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2775C on October 12, 2016. The Department received no comments during the public comment period. These amendments are identical to those published under Notice of Intended Action.    The Council on Human Services adopted these amendments on December 14, 2016.    These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217).    After analysis and review of this rule making, no impact on jobs has been found.    These amendments are intended to implement Iowa Code sections 249A.4 and 249A.21.     These amendments will become effective February 8, 2017.     The following amendments are adopted.

    Pursuant to the authority of Iowa Code sections 234.6 and 237.3, the Department of Human Services hereby rescinds Chapter 150, “Purchase of Service”; rescinds Chapter 152, “Foster Group Care Contracting,” and adopts a new Chapter 152, “Foster Care Contracting”; and amends Chapter 156, “Payments for Foster Care,” Chapter 172, “Family-Centered Child Welfare Services,” and Chapter 202, “Foster Care Placement and Services,” Iowa Administrative Code.    These amendments rescind and reserve Chapter 150 because the Department moved away from purchase of service contracts and is now contracting under performance-based contracts in accordance with the Accountable Government Act and the Department of Administrative Services’ service contracting rules. Chapter 150 is no longer relevant and is inconsistent with current performance-based contracting.    These amendments also rescind Chapter 152 and replace it with a new Chapter 152 pertaining to foster care contracting. New Chapter 152 will continue to set forth the contracting process used for foster group care but will also set forth the contracting processes used for the other child welfare services, specifically, of child welfare emergency services (CWES) and supervised apartment living.    These amendments update Chapter 156 to reflect current rate and payment practices. The previous methodology of determining rates that once considered remedial services is no longer used. Chapter 156 as revised will now include the rate methodology for CWES shelter care as well as payment information for foster group care (FGCS), foster family care, CWES shelter care, and supervised apartment living.    These amendments correct a cross reference to Chapter 156 in Chapter 172. The correction was made necessary by the amendments to Chapter 156 in this rule making.    Finally, these amendments replace cross references to Chapter 150 in Chapter 202 with references to the provider’s contract and to new Chapter 152.    Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2771C on October 12, 2016. The Department did not receive any comments during the public comment period.    The Department conducted a technical review of the proposed amendments. As the result of that technical review, three changes to the amendments as published under Notice of Intended Action have been made. The technical changes addressed in these amendments are as follows:    The first technical change to the amendments pertains to Item 5 of the Notice of Intended Action. The proposed amendment to subrule 156.6(3) was incorrect. As a result, the amendment in Item 5 of the Notice of Intended Action was not adopted, and the remaining items have been renumbered accordingly.     The second technical issue found during the review was that the definition of “intellectual disability professional” did not properly reflect recent guidance from the federal Centers for Medicare and Medicaid Services. As a result, the amendments have been changed in Items 3, 5, and 6 herein to refer to “intellectual disabilities professional” rather than “intellectual disability professional.”    The third technical change made as a result of the review is in regards to proposed language found in Item 13 of the published Notice of Intended Action. The Department asked fiscal consultants to review the proposed language in these amendments. The fiscal consultants opined that there is no federal requirement mandating or recommending the use of a utilization level when calculating unit cost. The Department’s fiscal consultants concluded that, “although use of an effective utilization level may have some cost benefits, it may actually hinder the state’s ability to meet goals to limit lengthy terms in foster care, which is a federally mandated goal.” As a result of the Department’s fiscal consultants’ review, rule 441—156.11(234), in Item 12 herein, has been modified to remove proposed subrule 156.11(3), which contained the requirement to use an effective utilization level when calculating unit cost.    These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217).    After analysis and review of this rule making, no impact on jobs has been found.    These amendments are intended to implement Iowa Code sections 234.6 and 237.3.    These amendments will become effective March 1, 2017.    The following amendments are adopted.

    Pursuant to the authority of Iowa Code sections 307.12 and 307A.2, the Iowa Department of Transportation, on December 14, 2016, adopted amendments to Chapter 1, “Organization of the Department of Transportation,” Chapter 10, “Administrative Rules,” Chapter 11, “Waiver of Rules,” Chapter 12, “Declaratory Orders,” Chapter 112, “Primary Road Access Control,” and Chapter 115, “Utility Accommodation,” Iowa Administrative Code.     Notice of Intended Action for these amendments was published in the October 26, 2016, Iowa Administrative Bulletin as ARC 2779C.     The amendments to Chapter 1, the Department’s organizational chapter:

    Pursuant to the authority of Iowa Code sections 307.12 and 307A.2, the Iowa Department of Transportation, on December 14, 2016, adopted amendments to Chapter 400, “Vehicle Registration and Certificate of Title,” and Chapter 410, “Special Mobile Equipment,” Iowa Administrative Code.    Notice of Intended Action for these amendments was published in the October 26, 2016, Iowa Administrative Bulletin as ARC 2780C.    The amendment to subrule 400.58(1) corrects the maximum speed of a motorized bicycle from 30 miles per hour to 39 miles per hour. The change conforms with the speed limit included in the definition of “motorized bicycle” in Iowa Code section 321.1(40)“b.”    The amendments to Chapter 410 correct the name of the Office of Vehicle and Motor Carrier Services and remove the word “Supplement” from citations to Iowa Code section 321E.12.    These amendments do not provide for waivers. Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.    These amendments are identical to those published under Notice of Intended Action.    After analysis and review of this rule making, no impact on jobs has been found.    These amendments are intended to implement Iowa Code sections 321.1 and 321E.12.    These amendments will become effective February 8, 2017.    Rule-making actions:

    Pursuant to the authority of Iowa Code sections 307.12 and 307A.2, the Iowa Department of Transportation, on December 14, 2016, adopted amendments to Chapter 605, “License Issuance,” and Chapter 630, “Nonoperator’s Identification,” Iowa Administrative Code.    Notice of Intended Action for these amendments was published in the November 9, 2016, Iowa Administrative Bulletin as ARC 2800C.    The amendments make changes to comply with 2016 Iowa Acts, Senate File 2187, section 1, which amended Iowa Code section 321.189. The amendments: