Utah State Digest, Vol. 2009, No. 15 (August 1, 2009) [NOTE: The Utah State Digest (Digest) is created from the eRules filing database used to create the Utah State Bulletin (Bulletin). While a discrepancy between the Digest and the Bulletin is highly unlikely, any discrepancies will be resolved in favor of the Bulletin. Please refer to the State Disclaimer ( http://www.utah.gov/disclaimer.html ) for more information.] ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed July 2, 2009, 12:00 AM through July 15, 2009, 11:59 PM Volume 2009, No. 15 August 1, 2009 Prepared by Division of Administrative Rules Department of Administrative Services Kimberly K. Hood, Executive Director Kenneth A. Hansen, Director Nancy L. Lancaster, Editor The Utah State Digest (Digest) is an official electronic publication of the State of Utah, Department of Administrative Services, Division of Administrative Rules. It is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Division of Administrative Rules, 4120 State Office Building, Salt Lake City, Utah 84114-1201, telephone 801-538-3218, FAX 801-538-1773. Additional rulemaking information, and electronic versions of all administrative rule publications are available at: http://www.rules.utah.gov/ . The Digest is available free of charge online at http://www.rules.utah.gov/publicat/digest.htm and by E-mail Listserv. ************************************************ Division of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Library of Congress Cataloging in Publication Data Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 1. EXECUTIVE DOCUMENTS Published executive documents consist of executive orders and proclamations that have substantive effect. The Governor issues an executive order to: set policy for the executive branch; create boards and commissions; provide for the transfer of authority; publish states-of- emergency; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law, or executive policy. The Governor issues a proclamation to: call special or extraordinary legislative sessions; designate classes of cities; or promulgate other official formal public announcements or functions. Governor's Executive Order 2009-0005: Wildland Fire Management FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2009/ExecDoc148492.htm 2. NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a new rule, a substantive change to an existing rule, or a repeal of an existing rule. The law requires that an agency accept public comment on Proposed Rules for a period of at least 30 days after publication though the agency may accept comment beyond 30 days. Comment is due by the date indicated with each rule listed below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the Proposed Rule." Any time from the end of the public comment period through 120 days from the publication date, the agency may notify the Division of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date of this issue of the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses and the agency must start the process over. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301; Rule R15-2; and Sections R15-4-3, R15-4-4, R15-4-5, R15-4-9, and R15-4-10 AGRICULTURE AND FOOD ANIMAL INDUSTRY No. 32784 (Amendment): R58-21. Trichomoniasis. SUMMARY: This amendment adds definitions and a section on sampling and testing procedures; changes the importation requirements for bulls entering the state; and adds the ability to use the Polymerase chain Reaction (PCR) test. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: The changes to the rule will not affect the state budget. The program is currently being funded by general fund money for animal health. The agency does not anticipate that the changes to the rule will change the current funding level beyond inflationary cost associated with the general fund. -LOCAL GOVERNMENTS: There are no costs to local government at this time under the current rule. All costs to run the program are through the state general fund and local governments are not involved in the program. The proposed changes made to the rule will not require local government involvement and will not require costs to be borne by local governments. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Depending on the type of test, there could be an increase in the cost to the producer, but by choosing the costlier test, the need for multiple test goes away which will balance out the overall cost of testing. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be some increase in the cost to import a bull into the State of Utah as a result of expanded testing requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no impact on businesses, there may be a decrease in the fiscal impact on cattle producers with positive bulls by allowing the option of one PCR test over three culture tests. Leonard M. Blackham, Commissioner CONTACT: -Kyle Stephens, Deputy Commissioner, by telephone at 801-538-7102, by FAX at 801-538-7126, or by E-mail at kylestephens@utah.gov -Terry Menlove, Director, by telephone at 801-538-7162, by FAX at 801- 538-7169, or by E-mail at tmenlove@utah.gov -Kathleen Mathews, Secretary to Deputy Commissioner, by telephone at 801- 538-7103, by FAX at 801-538-7126, or by E-mail at kmathews@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 10/01/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32784.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 32820 (New Rule): R156-78. Vocational Rehabilitation Counselors Licensing Act Rule. SUMMARY: This new rule provides for the following: title, definitions, authority/purpose, organization/relationship on Rule R156-1, experience requirement, examination requirements, renewal cycle/procedures, continuing education, and unprofessional conduct. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: The Division will incur minimal costs of approximately $50 to print the rule and distribute it once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. Any additional costs to be incurred as a result of the Division now licensing vocational rehabilitation counselors were covered in the fiscal note which was completed for H.B. 174. -LOCAL GOVERNMENTS: The proposed amendments only apply to applicants for licensure as a vocational rehabilitation counselor. As a result, the proposed amendments do not apply to local governments. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: The proposed amendments only apply to applicants for licensure as a vocational rehabilitation counselor. Any cost or saving impact to either small businesses or persons other than businesses brought about by this rule change comes as a result of the changes to the statute under H.B. 174. The fiscal note prepared by the Division in response to H.B. 174 should be reviewed for information regarding the legislative bill's cost and saving impact and in turn any anticipated costs or savings with respect to this clarifying rule filing. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments only apply to applicants for licensure as a vocational rehabilitation counselor. Any cost or saving impact to affected persons brought about by this rule change comes as a result of the changes to the statute under H.B. 174. The fiscal note prepared by the Division in response to H.B. 174 should be reviewed for information regarding the legislative bill's cost and saving impact and in turn any anticipated costs or savings with respect to this clarifying rule filing. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule filing administers the new Vocational Rehabilitation Counselor Licensing Act. No fiscal impact to businesses is anticipated beyond those addressed by the Legislature in passing the Act. Francine A. Giani, Executive Director CONTACT: -Rich Oborn, Bureau Manager, by telephone at 801-530-6767, by FAX at 801- 530-6511, or by E-mail at roborn@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. PUBLIC HEARING: - 08/03/2009 at 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32820.htm No. 32821 (New Rule): R156-79. Hunting Guides and Outfitters Licensing Act Rule. SUMMARY: This new rule provides for the following: title, definitions, authority/purpose, organization/relationship on Rule R156-1, application requirements, education requirements, examination requirements, good moral character requirements, experience requirements, renewal cycle/procedures, unprofessional conduct, content of hunting guide basic training programs, and content of outfitter basic training programs. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: The Division will incur minimal costs of approximately $75 to print the rule and distribute it once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. Any additional costs to be incurred as a result of the Division now licensing hunting guides and outfitters were covered in the fiscal note which was completed for H.B. 173. -LOCAL GOVERNMENTS: The proposed amendments only apply to applicants for licensure as a hunting guide or outfitter. As a result, the proposed amendments do not apply to local governments. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: The proposed amendments only apply to applicants for licensure as a hunting guide or outfitter. Any cost or saving impact to either small businesses or persons other than businesses brought about by this rule change comes as a result of the changes to the statute under H.B. 173. The fiscal note prepared by the Division in response to H.B. 173 should be reviewed for information regarding the legislative bill's cost and saving impact and in turn any anticipated costs or savings with respect to this clarifying rule filing. The Division estimates there to be about 100 individuals in Utah who are in the outfitter business and about 300 individuals who may apply for licensure as a hunting guide that will be affected by the newly enacted statute and the provisions of this rule. There will be an examination cost to applicants for licensure that is estimated to be approximately $85, which would result in an aggregate cost of approximately $34,000. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments only apply to applicants for licensure as a hunting guide or outfitter. Any cost or saving impact to affected persons brought about by this rule change comes as a result of the changes to the statute under H.B. 173. The fiscal note prepared by the Division in response to H.B. 173 should be reviewed for information regarding the legislative bill's cost and saving impact and in turn any anticipated costs or savings with respect to this clarifying rule filing. The Division estimates there to be about 100 individuals in Utah who are in the outfitter business and about 300 individuals who may apply for licensure as a hunting guide that will be affected by the newly enacted statute and the provisions of this rule. There will be an examination cost to applicants for licensure that is estimated to be approximately $85. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule filing administers the new Hunting Guides and Outfitters Licensing Act. No fiscal impact to businesses is anticipated beyond those addressed by the Legislature in passing the Act. Francine A. Giani, Executive Director CONTACT: -Clyde Ormond, Bureau Manager, by telephone at 801-530-6254, by FAX at 801-530-6511, or by E-mail at cormond@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. PUBLIC HEARING: - 08/04/2009 at 1:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32821.htm ENVIRONMENTAL QUALITY DRINKING WATER No. 32806 (Amendment): R309-100. Administration: Drinking Water Program. SUMMARY: This change incorporates the requirements of the Groundwater Requirements (Section R309-215-16) that address how often sanitary surveys must be done, what components of a public water system must be evaluated during a sanitary survey, and requirements for corrective action. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: Costs for the state budget, local governments, and other persons will be based on an aggregate for the changes in Rules R309-100, R309-105, R309-110, R309-205, R309-215, R309-220, and R309- 225. The Environmental Protection Agency (EPA) estimates state costs to be $11,700,000 annually. Using the percentage of Utah systems versus the national total (approximately 1%), Utah's annual impact is approximately $117,000. -LOCAL GOVERNMENTS: For this rule change, aggregate costs will vary by type of water source, type of treatment, and physical facility deficiencies. EPA estimates the total national annual cost at $50,600,000. Using the percentage of Utah systems versus the national total, Utah's systems' impact is estimated to be $506,000 annually. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Other persons that own and operate a public water system may have the same cost impact as listed in "local government" above. Costs to consumers will vary depending upon the water system size. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. COMPLIANCE COSTS FOR AFFECTED PERSONS: Aggregate compliance costs for the rule change will vary depending upon the water system size, type of source, type of treatment, and physical facility deficiencies. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Department of Environmental Quality agrees with the comments in the cost and compliance summaries above. Amanda Smith, Acting Executive Director CONTACT: -Rachael Cassady, Scientist, by telephone at 801-536-4467, by FAX at 801- 536-4211, or by E-mail at rcassady@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32806.htm No. 32807 (Amendment): R309-105. Administration: General Responsibilities of Public Water Systems. SUMMARY: This change incorporates the requirements of the Groundwater Requirements (Section R309-215-16) that address reporting requirement for public water systems that take analysis as part of the Groundwater requirements. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: Costs for the state budget, local governments, and other persons will be based on an aggregate for the changes in Rules R309-100, R309-105, R309-110, R309-205, R309-215, R309-220, and R309- 225. The Environmental Protection Agency (EPA) estimates state costs to be $11,700,000 annually. Using the percentage of Utah systems versus the national total (approximately 1%), Utah's annual impact is approximately $117,000. -LOCAL GOVERNMENTS: For this rule change, aggregate costs will vary by type of water source, type of treatment, and physical facility deficiencies. EPA estimates the total national annual cost at $50,600,000. Using the percentage of Utah systems versus the national total, Utah's systems' impact is estimated to be $506,000 annually. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Other persons that own and operate a public water system may have the same cost impact as listed in "local government" above. Costs to consumers will vary depending upon the water system size. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. COMPLIANCE COSTS FOR AFFECTED PERSONS: Aggregate compliance costs for the rule change will vary depending upon the water system size, type of source, type of treatment, and physical facility deficiencies. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Department of Environmental Quality agrees with the comments in the cost and compliance summaries above. Amanda Smith, Acting Executive Director CONTACT: -Rachael Cassady, Scientist, by telephone at 801-536-4467, by FAX at 801- 536-4211, or by E-mail at rcassady@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32807.htm No. 32808 (Amendment): R309-110. Administration: Definitions. SUMMARY: This change incorporates the requirements of the Groundwater Requirements (Section R309-215-16) that address the definition of significant deficiencies. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: Costs for the state budget, local governments, and other persons will be based on an aggregate for the changes in Rules R309-100, R309-105, R309-110, R309-205, R309-215, R309-220, and R309- 225. The Environmental Protection Agency (EPA) estimates state costs to be $11,700,000 annually. Using the percentage of Utah systems versus the national total (approximately 1%), Utah's annual impact is approximately $117,000. -LOCAL GOVERNMENTS: For this rule change, aggregate costs will vary by type of water source, type of treatment, and physical facility deficiencies. EPA estimates the total national annual cost at $50,600,000. Using the percentage of Utah systems versus the national total, Utah's systems' impact is estimated to be $506,000 annually. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Other persons that own and operate a public water system may have the same cost impact as listed in "local government" above. Costs to consumers will vary depending upon the water system size. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. COMPLIANCE COSTS FOR AFFECTED PERSONS: Aggregate compliance costs for the rule change will vary depending upon the water system size, type of source, type of treatment, and physical facility deficiencies. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Department of Environmental Quality agrees with the comments in the cost and compliance summaries above. Amanda Smith, Acting Executive Director CONTACT: -Rachael Cassady, Scientist, by telephone at 801-536-4467, by FAX at 801- 536-4211, or by E-mail at rcassady@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32808.htm No. 32809 (Amendment): R309-200. Monitoring and Water Quality: Drinking Water Standards. SUMMARY: This change incorporates the requirements of the Lead and Copper Rule Short Term Revisions that address how the 90th percentile lead and copper result will be determined for small systems. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: Costs for the state budget, local governments, and other persons will be based on an aggregate for the changes in Rules R309-200, R309-210, and R309-225. The Environmental Protection Agency (EPA) estimates state costs to be $657,000 annually. Using the percentage of Utah systems versus the national total (approximately 1%), Utah's annual impact is approximately $6,570. -LOCAL GOVERNMENTS: For this rule change, aggregate costs will vary by type of water source, type of treatment, and physical facility deficiencies. EPA estimates the total national annual cost at $5,677,000. Using the percentage of Utah systems versus the national total, Utah's systems' impact is estimated to be $56,770 annually. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Other persons that own and operate a public water system may have the same cost impact as listed in "local government" above. Costs to consumers will vary depending upon the water system size. EPA estimates the costs to vary from $0 to $17 per household per year. The highest costs are associated with water systems that do not already notify the public. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. COMPLIANCE COSTS FOR AFFECTED PERSONS: Aggregate compliance costs for the rule change will vary depending upon the water system size, type of source, type of treatment, and physical facility deficiencies. EPA estimates the costs to vary from $0 to $17 per household per year. The highest costs are associated with the small water systems that do not already notify the public. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Department of Environmental Quality agrees with the comments in the cost and compliance summaries above. Amanda Smith, Acting Executive Director CONTACT: -Rachael Cassady, Scientist, by telephone at 801-536-4467, by FAX at 801- 536-4211, or by E-mail at rcassady@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32809.htm No. 32810 (Amendment): R309-205. Monitoring and Water Quality: Source Monitoring Requirements. SUMMARY: This change incorporates the requirements of the Groundwater Requirements (Section R309-215-16) that address the monitoring requirements for microbiological contaminants. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: Costs for the state budget, local governments, and other persons will be based on an aggregate for the changes in Rules R309-100, R309-105, R309-110, R309-205, R309-215, R309-220, and R309- 225. The Environmental Protection Agency (EPA) estimates state costs to be $11,700,000 annually. Using the percentage of Utah systems versus the national total (approximately 1%), Utah's annual impact is approximately $117,000. -LOCAL GOVERNMENTS: For this rule change, aggregate costs will vary by type of water source, type of treatment, and physical facility deficiencies. EPA estimates the total national annual cost at $50,600,000. Using the percentage of Utah systems versus the national total, Utah's systems' impact is estimated to be $506,000 annually. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Other persons that own and operate a public water system may have the same cost impact as listed in "local government" above. Costs to consumers will vary depending upon the water system size. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. COMPLIANCE COSTS FOR AFFECTED PERSONS: Aggregate compliance costs for the rule change will vary depending upon the water system size, type of source, type of treatment, and physical facility deficiencies. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Department of Environmental Quality agrees with the comments in the cost and compliance summaries above. Amanda Smith, Acting Executive Director CONTACT: -Rachael Cassady, Scientist, by telephone at 801-536-4467, by FAX at 801- 536-4211, or by E-mail at rcassady@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32810.htm No. 32811 (Amendment): R309-210. Monitoring and Water Quality: Distribution System Monitoring Requirements. SUMMARY: This change incorporates the requirements of the Lead and Copper Short Term Revisions that address public education, corrosion control, and monitoring. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: Costs for the state budget, local governments, and other persons will be based on an aggregate for the changes in Rules R309-210, R309-210, and R309-225. The Environmental Protection Agency (EPA) estimates state costs to be $657,000 annually. Using the percentage of Utah systems versus the national total (approximately 1%), Utah's annual impact is approximately $6,570. -LOCAL GOVERNMENTS: For this rule change, aggregate costs will vary by type of water source, type of treatment, and physical facility deficiencies. EPA estimates the total national annual cost at $5,677,000. Using the percentage of Utah systems versus the national total, Utah's systems' impact is estimated to be $56,770 annually. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Other persons that own and operate a public water system may have the same cost impact as listed in "local government" above. Costs to consumers will vary depending upon the water system size. EPA estimates the costs to vary from $0 to $17 per household per year. The highest costs are associated with water systems that do not already notify the public. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. COMPLIANCE COSTS FOR AFFECTED PERSONS: Aggregate compliance costs for the rule change will vary depending upon the water system size, type of source, type of treatment, and physical facility deficiencies. EPA estimates the costs to vary from $0 to $17 per household per year. The highest costs are associated with the small water systems that do not already notify the public. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Department of Environmental Quality agrees with the comments in the cost and compliance summaries above. Amanda Smith, Acting Executive Director CONTACT: -Rachael Cassady, Scientist, by telephone at 801-536-4467, by FAX at 801- 536-4211, or by E-mail at rcassady@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32811.htm No. 32812 (Amendment): R309-215. Monitoring and Water Quality: Treatment Plant Monitoring Requirements. SUMMARY: This change incorporates the requirements of the Groundwater Requirements (Section R309-215-16) that address general requirements, monitoring, reporting, and record keeping. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: Costs for the state budget, local governments, and other persons will be based on an aggregate for the changes in Rules R309-100, R309-105, R309-110, R309-205, R309-215, R309-220, and R309- 225. The Environmental Protection Agency (EPA) estimates state costs to be $11,700,000 annually. Using the percentage of Utah systems versus the national total (approximately 1%), Utah's annual impact is approximately $117,000. -LOCAL GOVERNMENTS: For this rule change, aggregate costs will vary by type of water source, type of treatment, and physical facility deficiencies. EPA estimates the total national annual cost at $50,600,000. Using the percentage of Utah systems versus the national total, Utah's systems' impact is estimated to be $506,000 annually. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Other persons that own and operate a public water system may have the same cost impact as listed in "local government" above. Costs to consumers will vary depending upon the water system size. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. COMPLIANCE COSTS FOR AFFECTED PERSONS: Aggregate compliance costs for the rule change will vary depending upon the water system size, type of source, type of treatment, and physical facility deficiencies. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Department of Environmental Quality agrees with the comments in the cost and compliance summaries above. Amanda Smith, Acting Executive Director CONTACT: -Rachael Cassady, Scientist, by telephone at 801-536-4467, by FAX at 801- 536-4211, or by E-mail at rcassady@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32812.htm No. 32813 (Amendment): R309-220. Monitoring and Water Quality: Public Notification Requirements. SUMMARY: This change incorporates the requirements of the Groundwater Requirements (Section R309-215-16) that address public notification. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: Costs for the state budget, local governments, and other persons will be based on an aggregate for the changes in Rules R309-100, R309-105, R309-110, R309-205, R309-215, R309-220, and R309- 225. The Environmental Protection Agency (EPA) estimates state costs to be $11,700,000 annually. Using the percentage of Utah systems versus the national total (approximately 1%), Utah's annual impact is approximately $117,000. -LOCAL GOVERNMENTS: For this rule change, aggregate costs will vary by type of water source, type of treatment, and physical facility deficiencies. EPA estimates the total national annual cost at $50,600,000. Using the percentage of Utah systems versus the national total, Utah's systems' impact is estimated to be $506,000 annually. EPA further estimates that the greatest expense to water systems will be during implementation. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Other persons that own and operate a public water system may have the same cost impact as listed in "local government" above. Costs to consumers will vary depending upon the water system size. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. COMPLIANCE COSTS FOR AFFECTED PERSONS: Aggregate compliance costs for the rule change will vary depending upon the water system size, type of source, type of treatment, and physical facility deficiencies. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Department of Environmental Quality agrees with the comments in the cost and compliance summaries above. Amanda Smith, Acting Executive Director CONTACT: -Rachael Cassady, Scientist, by telephone at 801-536-4467, by FAX at 801- 536-4211, or by E-mail at rcassady@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32813.htm No. 32814 (Amendment): R309-225. Monitoring and Water Quality: Consumer Confidence Reports. SUMMARY: This change incorporates the requirements of the Lead and Copper Short Term Revisions and the Groundwater Requirements (Section R309-215-16) that address the consumer confidence report requirements. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: For the Groundwater Requirements (Section R309-215- 16): Costs for the state budget, local governments, and other persons will be based on an aggregate for the changes in Rules R309-100, R309- 105, R309-110, R309-200, R309-205, R309-210, R309-215, R309-220, and R309-225. The Environmental Protection Agency (EPA) estimates state costs to be $11,700,000 annually. Using the percentage of Utah systems versus the national total (approximately 1%), Utah's annual impact is approximately $117,000. For the Lead and Copper Short Term Revisions: Costs for the state budget, local governments, and other persons will be based on an aggregate for the changes in Rules R309-210, R309-210, and R309-225. The Environmental Protection Agency (EPA) estimates state costs to be $657,000 annually. Using the percentage of Utah systems versus the national total (approximately 1%), Utah's annual impact is approximately $6,570. -LOCAL GOVERNMENTS: For the Groundwater Requirements (Section R309-215- 16): For this rule change, aggregate costs will vary by type of water source, type of treatment, and physical facility deficiencies. EPA estimates the total national annual cost at $50,600,000. Using the percentage of Utah systems versus the national total, Utah's systems' impact is estimated to be $506,000 annually. For the Lead and Copper Short Term Revisions: For this rule change, aggregate costs will vary by type of water source, type of treatment, and physical facility deficiencies. EPA estimates the total national annual cost at $5,677,000. Using the percentage of Utah systems versus the national total, Utah's systems' impact is estimated to be $56,770 annually. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: For the Groundwater Requirements (Section R309-215-16): Other persons that own and operate a public water system may have the same cost impact as listed in "local government" above. Costs to consumers will vary depending upon the water system size. EPA estimates the costs to vary from $0.21 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. For Lead and Copper Short Term Revisions: Other persons that own and operate a public water system may have the same cost impact as listed in "local government" above. Costs to consumers will vary depending upon the water system size. EPA estimates the costs to vary from $0 to $17 per household per year. The highest costs are associated with water systems that do not already notify the public. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. COMPLIANCE COSTS FOR AFFECTED PERSONS: Aggregate compliance costs for the rule change will vary depending upon the water system size, type of source, type of treatment, and physical facility deficiencies. EPA estimates the costs to vary from $0 to $82.21 per household per year. The highest costs are associated with the small water systems that have to complete corrective actions. Persons that own and operate a public water system may have the same costs impact as listed under "local government" above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Department of Environmental Quality agrees with the comments in the cost and compliance summaries above. Amanda Smith, Acting Executive Director CONTACT: -Rachael Cassady, Scientist, by telephone at 801-536-4467, by FAX at 801- 536-4211, or by E-mail at rcassady@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32814.htm INSURANCE ADMINISTRATION No. 32799 (Repeal): R590-101. Appointment and Termination of Individuals licensed as Agents, and Organizations Licensed as Agents by Insurers. SUMMARY: This rule is being repealed in its entirety and replaced with Rule R590-244. (DAR NOTE: The proposed new Rule R590-244 was published in the May 15, 2009, Bulletin under DAR No. 32541 and was effective 07/01/2009.) ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: The only impact to the state's budget, as a result of the repeal of this rule and enactment of Rule R590-244, is the loss of the nonelectronic processing fee of $5. Very few licensees filed by paper so the impact will be slight. -LOCAL GOVERNMENTS: The repeal of this rule will have no fiscal impact on local governments since this rule applies to the relationship between the department and its licensees and will not have any fiscal impact on local governments. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: The only fiscal impact on small insurers will be to those few who filed by paper. They will need to pay the vendor for the electronic processing fee, which is less than the state's paper processing fee. Also, they will no longer have costs associated with mailing paper forms. COMPLIANCE COSTS FOR AFFECTED PERSONS: The only fiscal impact on large insurers will be to those few that filed by paper. They will need to pay the vendor for the electronic processing fee, which is less than the state's paper processing fee. Also, they will no longer have costs associated with mailing paper forms. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The repeal of this rule will have little, if any, fiscal impact on Utah insurers since most already file electronically. D. Kent Michie, Commissioner CONTACT: -Jilene Whitby, Information Specialist, by telephone at 801-538-3803, by FAX at 801-538-3829, or by E-mail at jwhitby@utah.gov COMMENT PERIOD ENDS: 09/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32799.htm No. 32800 (Repeal): R590-123. Additions and Deletions of Designees by Organizations. SUMMARY: This rule is being repealed in its entirety and replaced with Rule R590-244. (DAR NOTE: The proposed new Rule R590-244 was published in the May 15, 2009, Bulletin under DAR No. 32541 and was effective 07/01/2009.) ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: The only impact to the state's budget, as a result of the repeal of this rule and enactment of Rule R590-244, is the loss of the nonelectronic processing fee of $5. Very few licensees filed by paper so the impact will be slight. -LOCAL GOVERNMENTS: The repeal of this rule will have no fiscal impact on local governments since this rule applies to the relationship between the department and its licensees and will not have any fiscal impact on local governments. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: The only fiscal impact on small agencies will be to those few who filed by paper. They will need to pay the vendor for the electronic processing fee, which is less than the state's paper processing fee. Also, they will no longer have costs associated with mailing paper forms. COMPLIANCE COSTS FOR AFFECTED PERSONS: The only fiscal impact on large agencies will be to those few agencies who filed by paper. They will need to pay the vendor for the electronic processing fee, which is less than the state's paper processing fee. Also, they will no longer have costs associated with mailing paper forms. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The repeal of this rule will have little, if any, fiscal impact on Utah agencies since most already file electronically. D. Kent Michie, Commissioner CONTACT: -Jilene Whitby, Information Specialist, by telephone at 801-538-3803, by FAX at 801-538-3829, or by E-mail at jwhitby@utah.gov COMMENT PERIOD ENDS: 09/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32800.htm No. 32801 (Repeal): R590-141. Individual and Agency License Lapse and Reinstatement Rule. SUMMARY: This rule is being repealed in its entirety and replaced with Rule R590-244. (DAR NOTE: The proposed new Rule R590-244 was published in the May 15, 2009, Bulletin under DAR No. 32541 and was effective 07/01/2009.) ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: The only impact to the state's budget, as a result of the repeal of this rule and enactment of Rule R590-244, is the loss of the nonelectronic processing fee of $25. Very few licensees filed by paper so the impact will be slight. -LOCAL GOVERNMENTS: The repeal of this rule will have no fiscal impact on local governments since this rule applies to the relationship between the department and its licensees and will not have any fiscal impact on local governments. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: The only fiscal impact on small agencies and insurers will be to those few who filed by paper. They will need to pay the vendor for the electronic processing fee, which is less than the state's paper processing fee. Also, they will no longer have costs associated with mailing paper forms. COMPLIANCE COSTS FOR AFFECTED PERSONS: The only fiscal impact on large agencies and insurers will be to those few that filed by paper. They will need to pay the vendor for the electronic processing fee, which is less than the state's paper processing fee. Also, they will no longer have costs associated with mailing paper forms. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The repeal of this rule will have little, if any, fiscal impact on Utah agencies and insurers since most already file electronically. D. Kent Michie, Commissioner CONTACT: -Jilene Whitby, Information Specialist, by telephone at 801-538-3803, by FAX at 801-538-3829, or by E-mail at jwhitby@utah.gov COMMENT PERIOD ENDS: 09/14/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/21/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32801.htm No. 32829 (Amendment): R590-146. Medicare Supplement Insurance Standards. SUMMARY: The substantive changes to this rule are as follows: 1) new definitions to distinguish between pre-standardized plans, 1990 standardized plans, and 2010 standardized plans; 2) titles and terms have been updated to reflect the new offering of 2010 standardized plans; 3) new Sections R590-146-8a and R590-146-9a were added to define requirements for plans issued for delivery on or after 06/01/2010 (MIPAA). These sections include the details for the new plan offerings; 4) new documents incorporated by reference have been updated due to the National Association of Insurance Commissioners (NAIC) updating the model regulation, #651, to version dated October 2008; 5) Section R590-146-24 was added to conform with the requirements of GINA; and 6) minor changes were made through out the rule to update site references and to conform with the model regulation published by the NAIC. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: The state's budget should not be affected by this change. Companies pay a flat fee for filings they make during the year so filings required by changes in this rule will not affect the revenues of the department. Nor will the additional filing require the department hire new employees full or part time. -LOCAL GOVERNMENTS: Local governments should not be affected by this rule change because they don't offer a regulated Medicare supplement product. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Large and small insurers will have additional costs to file new products if they wish to continue offering Medicare supplement plans. These are costs that insurers will incur nationwide as all states adopt the new requirements. The 40 insurers who sell these types of policies in Utah will be required to pay $15 per filing. The number of filings will depend on the different types of Medicare plans they sell. Insurers are required to pay a nominal amount to submit their rate and form filings electronically via the System for Electronic Rate and Form Filings. Consumers will have access to additional benefit offerings, premiums should not increase due to this rule change. COMPLIANCE COSTS FOR AFFECTED PERSONS: Large and small insurers will have additional costs to file new products if they wish to continue offering Medicare supplement plans. These are costs that insurers will incur nationwide as all states adopt the new requirements. The 40 insurers who sell these types of policies in Utah will be required to pay $15 per filing. The number of filings will depend on the different types of Medicare plans they sell. Insurers are required to pay a nominal amount to submit their rate and form filings electronically via the System for Electronic Rate and Form Filings. Consumers will have access to additional benefit offerings, premiums should not increase due to this rule change. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The cost to insurers in Utah that sell Medicare supplement plans will be minimal. D. Kent Michie, Commissioner CONTACT: -Jilene Whitby, Information Specialist, by telephone at 801-538-3803, by FAX at 801-538-3829, or by E-mail at jwhitby@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. PUBLIC HEARING: - 08/25/2009 at 10:00 AM, State Office Building (behind the Capitol), 450 N State Street, Room 3112, Salt Lake City, UT THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32829.htm TAX COMMISSION ADMINISTRATION No. 32824 (Amendment): R861-1A-41. Date of Assessment Pursuant to Utah Code Ann. Sections 59-1-302.1 and 59-1-706. SUMMARY: The section is removed since it is no longer necessary. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: None--Any fiscal impacts were considered in S.B. 108 (2009). -LOCAL GOVERNMENTS: None--Any fiscal impacts were considered in S.B. 108 (2009). -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: None--Any fiscal impacts were considered in S.B. 108 (2009). COMPLIANCE COSTS FOR AFFECTED PERSONS: None--S.B. 108 (2009) codified the language that is removed in this amendment. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts. D'Arcy Dixon, Commissioner CONTACT: -Cheryl Lee, Appeals Clerk, by telephone at 801-297-3900, by FAX at 801- 297-3919, or by E-mail at clee@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32824.htm No. 32794 (Amendment): R861-1A-44. Definition of Delivery Service Pursuant to Utah Code Ann. Section 59-1-1404. SUMMARY: The proposed rule indicates the entities that meet the IRS definition of "delivery service". ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: None--Any costs were considered in S.B. 108 (2009). -LOCAL GOVERNMENTS: None--Any costs were considered in S.B. 108 (2009). -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: None--Any costs were considered in S.B. 108 (2009). COMPLIANCE COSTS FOR AFFECTED PERSONS: None--Rule indicates delivery services that may be used in place of the U.S. postal system. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated costs. D'Arcy Dixon, Commissioner CONTACT: -Cheryl Lee, Appeals Clerk, by telephone at 801-297-3900, by FAX at 801- 297-3919, or by E-mail at clee@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32794.htm AUDITING No. 32792 (Amendment): R865-6F-34. Qualified Subchapter S Subsidiaries Pursuant to Utah Code Ann. Section 59-7-701. SUMMARY: This section is removed from the corporate tax rule, Rule R865- 6F, and moved to the individual income tax rule, Rule R865-9I. (DAR NOTE: The proposed amendments to sections of Rule R865-9I are under DAR No. 32789, DAR No. 32793, and DAR No. 32795 in this issue, August 1, 2009, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: None--Any impact was considered in S.B. 23 (2009). -LOCAL GOVERNMENTS: None--Any impact was considered in S.B. 23 (2009). -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: None--Any impact was considered in S.B. 23 (2009). COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This corporate tax rule is removed and will be moved to an individual income tax rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated costs. D'Arcy Dixon, Commissioner CONTACT: -Cheryl Lee, Appeals Clerk, by telephone at 801-297-3900, by FAX at 801- 297-3919, or by E-mail at clee@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32792.htm No. 32788 (Amendment): R865-6F-35. S Corporation Determination of Tax Pursuant to Utah Code Ann. Section 59-7-703. SUMMARY: This section is removed from the corporate tax rule, Rule R865- 6F, and moved to the individual income tax rule, Rule R865-9I. (DAR NOTE: The proposed amendments to sections of Rule R865-9I are under DAR No. 32789, DAR No. 32793, and DAR No. 32795 in this issue, August 1, 2009, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: None--Any impact was considered in S.B. 23 (2009). -LOCAL GOVERNMENTS: None--Any impact was considered in S.B. 23 (2009). -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: None--Any impact was considered in S.B. 23 (2009). COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This corporate tax rule is removed and moved to an individual income tax rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated costs. D'Arcy Dixon, Commissioner CONTACT: -Cheryl Lee, Appeals Clerk, by telephone at 801-297-3900, by FAX at 801- 297-3919, or by E-mail at clee@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32788.htm No. 32793 (Amendment): R865-9I-13. Non-Resident's Share of Partnership or Limited Liability Company Income Pursuant to Utah Code Ann. Sections 59-10-116, 59-10-117, 59-10-118, and 59-10-1405. SUMMARY: The amended rule indicates how a pass-through entity that is not an S Corporation will determine the tax to withhold on its nonresident pass-through entity taxpayers. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: None--Any impact was considered in S.B. 23 (2009). -LOCAL GOVERNMENTS: None--Any impact was considered in S.B. 23 (2009). -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: None--Any impact was considered in S.B. 23 (2009). COMPLIANCE COSTS FOR AFFECTED PERSONS: None--Pass-through entities are required to withhold tax on their non-resident pass-through entity taxpayers. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--Pass-Through entities are required to withhold tax on their non-resident pass-through entity taxpayers. D'Arcy Dixon, Commissioner CONTACT: -Cheryl Lee, Appeals Clerk, by telephone at 801-297-3900, by FAX at 801- 297-3919, or by E-mail at clee@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32793.htm No. 32795 (Amendment): R865-9I-55. Qualified Subchapter S Subsidiaries Pursuant to Utah Code Ann. Section 59-10-1403. SUMMARY: The proposed section takes the language of Section R865-6F-34, which is removed, and brings it into the individual income tax rule, Rule R865-9I, since an S Corporation is now treated as a pass-through entity under the individual income tax chapter of Title 59. (DAR NOTE: The proposed amendment to Section R865-6F-34 is under DAR No. 32792 in this issue, August 1, 2009, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: None--Any impact was considered in S.B. 23 (2009). -LOCAL GOVERNMENTS: None--Any impact was considered in S.B. 23 (2009). -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: None--Any impact was considered in S.B. 23 (2009). COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The rule has been moved from the corporate tax rule to the individual income tax rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated costs. D'Arcy Dixon, Commissioner CONTACT: -Cheryl Lee, Appeals Clerk, by telephone at 801-297-3900, by FAX at 801- 297-3919, or by E-mail at clee@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32795.htm No. 32789 (Amendment): R865-9I-56. Determination of Amounts Withheld by a Pass-Through Entity that is an S Corporation Pursuant to Utah Code Ann. Section 59-10-116, 59-10-117, 59-10-118, 59-10-1403.2 and 59-10-1405. SUMMARY: The proposed rule takes the language of Section R865-6F-35, which is deleted, and brings it into the individual income tax rule, Rule R865-9I, since an S Corporation is now treated as a pass-through entity under the individual income tax chapter of Title 59. (DAR NOTE: The proposed amendment to Section R865-6F-35 is under DAR No. 32788 in this issue, August 1, 2009, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: None--Any impacts were considered in S.B. 23 (2009). -LOCAL GOVERNMENTS: None--Any impacts were considered in S.B. 23 (2009). -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: None--Any impacts were considered in S.B. 23 (2009). COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The rule has been moved from the corporate tax rules to the individual income tax rules. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated costs. D'Arcy Dixon, Commissioner CONTACT: -Cheryl Lee, Appeals Clerk, by telephone at 801-297-3900, by FAX at 801- 297-3919, or by E-mail at clee@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32789.htm No. 32791 (Amendment): R865-12L-17. Procedures for the Administration of the Tourism, Recreation, Cultural and Convention Facilities Tax Pursuant to Utah Code Ann. Sections 59-12-602 and 59-12-603. SUMMARY: The proposed amendment clarifies that tourism, recreation, cultural, and convention facilities tax is imposed on alcoholic beverages, food and food ingredients, and prepared food. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: None--Any impact was considered in H.B. 55 (2009). -LOCAL GOVERNMENTS: None--Any impact was considered in H.B. 55 (2009). -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: None--Any impact was considered in H.B. 55 (2009). COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The clarification is a codification of Tax Commission practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated costs. D'Arcy Dixon, Commissioner CONTACT: -Cheryl Lee, Appeals Clerk, by telephone at 801-297-3900, by FAX at 801- 297-3919, or by E-mail at clee@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32791.htm No. 32785 (Amendment): R865-19S-58. Materials and Supplies Sold to Owners, Contractors and Repairmen of Real Property Pursuant to Utah Code Ann. Sections 59-12-102 and 59-12-103. SUMMARY: The proposed amendment deletes languages that treats built-in appliances as real property. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: None--Any revenue impact was considered in S.B. 35 (2009). -LOCAL GOVERNMENTS: None--Any revenue impact was considered in S.B. 35 (2009). -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: None--Any revenue impact was considered in S.B. 35 (2009). COMPLIANCE COSTS FOR AFFECTED PERSONS: None--Persons who sell or repair appliances will always know that their purchases are exempt and their sales are taxable. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated costs. D'Arcy Dixon, Commissioner CONTACT: -Cheryl Lee, Appeals Clerk, by telephone at 801-297-3900, by FAX at 801- 297-3919, or by E-mail at clee@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32785.htm No. 32796 (Amendment): R865-19S-107. Reporting of Exempt Sales or Purchases Pursuant to Utah Code Ann. Section 59-12-105. SUMMARY: The section is removed since underlying statutory language has been repealed. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: None--Any impact was considered in H.B. 65 (2009). -LOCAL GOVERNMENTS: None--Any impact was considered in H.B. 65 (2009). -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: None--Any impact was considered in H.B. 65 (2009). COMPLIANCE COSTS FOR AFFECTED PERSONS: None--Purchases of manufacturing equipment and semiconductor equipment are no longer required to report their exempt purchases. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated costs. D'Arcy Dixon, Commissioner CONTACT: -Cheryl Lee, Appeals Clerk, by telephone at 801-297-3900, by FAX at 801- 297-3919, or by E-mail at clee@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32796.htm No. 32825 (Repeal): R865-25X. Brine Shrimp Royalty. SUMMARY: The rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: None--The rule has not been in use since the change in legislation. -LOCAL GOVERNMENTS: None--The rule has not been in use since the change in legislation. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: None--The rule has not been in use since the change in legislation. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The rule has not been in use since 2004. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no anticipated fiscal impacts. D'Arcy Dixon, Commissioner CONTACT: -Cheryl Lee, Appeals Clerk, by telephone at 801-297-3900, by FAX at 801- 297-3919, or by E-mail at clee@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32825.htm MOTOR VEHICLE ENFORCEMENT No. 32790 (Amendment): R877-23V-8. Signs and Identification Pursuant to Utah Code Ann. Section 41-3-105. SUMMARY: The proposed amendment adds "distributor" to the list of licensees required to post a sign at the licensee's principal place of business. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: None--No changes to state-imposed fees, nor does this amendment increase the Commission's enforcement activities. -LOCAL GOVERNMENTS: None--No local fees involved. Local governments are not involved in enforcement of this section. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Minimal increase between $270 and $3,600. COMPLIANCE COSTS FOR AFFECTED PERSONS: Licensees required to post a sign will spend between $30 and $400, depending on whether they make the sign themselves or have it made professionally, and whether it is simple or elaborate. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The fiscal impact is anticipated to be between $30 and $400 depending on type and style of signage. D'Arcy Dixon, Commissioner CONTACT: -Cheryl Lee, Appeals Clerk, by telephone at 801-297-3900, by FAX at 801- 297-3919, or by E-mail at clee@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32790.htm No. 32786 (Amendment): R877-23V-12. Documents Required Prior to Issue of a License Pursuant to Utah Code Ann. Section 41-3-105. SUMMARY: The proposed amendment updates the documents a distributor must provide to receive a motor vehicle distributor license in Utah. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: None--The amendment does not change the state- imposed fees, nor does this amendment increase the Commission's enforcement activities. -LOCAL GOVERNMENTS: None--No local fees are involved. Local governments are not involved in enforcement of this section. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Minimal--The applicant will be required to make a minimal photo of the applicant's place of business. COMPLIANCE COSTS FOR AFFECTED PERSONS: Minimal cost--The proposed amendment requires a distributor licensee applicant to provide evidence of a sales tax license and that the place of business has been inspected by the division, and requires the applicant to bring a photo of the place of business, including sign. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is anticipated to be a minimal cost for photos. D'Arcy Dixon, Commissioner CONTACT: -Cheryl Lee, Appeals Clerk, by telephone at 801-297-3900, by FAX at 801- 297-3919, or by E-mail at clee@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32786.htm PROPERTY TAX No. 32822 (Amendment): R884-24P-33. 2009 Personal Property Valuation Guides and Schedules Pursuant to Utah Code Ann. Section 59-2-301. SUMMARY: The valuation guides and schedules contained in this section are reviewed and updated annually by the Property Tax Division. The personal property guides and schedules are used for local property tax valuation and assessment of business personal property and certain motor vehicles. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: The amount of savings or cost to state government is not affected by this rule. Tax revenue generated by taxing personal property is distributed to local governments to finance public services, programs, school districts, and local districts. No tax revenues generated by taxation of personal property will be retained by state government. -LOCAL GOVERNMENTS: The amount of saving or cost to local government is undetermined. Local governmental entities receive tax revenue based on increased or decreased personal property values and the change in the annual property tax rate. Increases or decreases in 2010 tax revenue cannot be determined, even if there were no changes in the percent good tables, because taxpayer acquisitions and deletions of property during 2010 are unknown. The proposed personal property schedules in Section R884-24P-33 are raised, lowered, or remain the same for 2010 based upon the type and age of the personal property assessed. Schedules for Classes 12, 15, 24, and 27 are proposed with no changes for 2010. Schedules used to value business personal property increase or decrease based upon the calculation of economic trends from cost indexes published by the Marshall Valuation Service. Generally, these cost indexes indicate a sharp decline due to a depressed economy. Thus, most proposed personal property schedules reflect a reduction from 2009. In aggregate, for all personal property schedules, it is anticipated that the change in the annual property tax rate will have a larger impact on revenue than will the proposed schedule changes in Section R884-24P-33. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: In the aggregate, the amount of savings or cost to small business is undetermined. Affected businesses pay property taxes based on increased or decreased personal property values and the change in the annual property tax rate. The proposed personal property schedules in Section R884-24P-33 are raised, lowered, or remain the same for 2010 based upon the type and age of the property. Since some schedules are increased and some decreased, it is not possible to determine the change to affected businesses without knowing the 2010 personal property mix compared to the previous year. In the aggregate, the amount of savings or cost to individuals and business is undetermined. Affected persons pay property taxes based on increased or decreased personal property values and the change in the annual property tax rate. The proposed personal property schedules in Section R884-24P-33 are raised, lowered or remain the same for 2010 based upon the type and age of the property. Since some schedules are increased and some decreased, it is not possible to determine the change to affected persons without knowing the 2010 personal property mix compared to the previous year. COMPLIANCE COSTS FOR AFFECTED PERSONS: Local business owners and property tax practitioners will once again be required to be aware of new percent good figures. This is an annual occurrence; therefore, the compliance cost in completing the assessment process will not change. The change in taxes charged for these businesses depends entirely on the owner's mix of personal property since some percent good schedules are increasing and others decreasing. For example, the owner of a business may discard some personal property items and add new equipment or replace equipment which may increase or decrease personal property values. In addition, the personal property percent good schedule percentages often change from the previous year due to current economic conditions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As indicated above, the fiscal impact to businesses from changes in the proposed personal property schedules due to changes in Section R884-24P-33 will not be as significant as changes in the annual property tax rate. D'Arcy Dixon, Commissioner CONTACT: -Cheryl Lee, Appeals Clerk, by telephone at 801-297-3900, by FAX at 801- 297-3919, or by E-mail at clee@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32822.htm TRANSPORTATION MOTOR CARRIER No. 32826 (New Rule): R909-2. Utah Trucking Guide. SUMMARY: The rule incorporates by reference Chapters 14 through 27, and 29 through 36 of the Utah Trucking Guide. Rule R909-2 replaces Rule R912- 11. Rule R912-11 spelled out the relevant parts of the Utah Trucking Guide. The new rule, Rule R909-2, will incorporate by reference the relevant portions of the Utah Trucking Guide. The Trucking Guide updates the Rule in that the Trucking Guide now uses Road Posts (RP) and land marks as markers for restrictions. The new rule also allows trucks up to 14 feet 6 inches on SR 46 between the Colorado State Line and RP18. A restriction is added for SR 162. New language is included for SR 189 between RP7 and RP21 and SR191 from Vernal, UT, and the Wyoming state line. On SR 261 between RP7 and RP10 all oversize and overweight vehicles and/or loads are prohibited. The new rule will remove restrictions on several other areas around the State. The "Utah Trucking Guide" is available on http://www.utahmc.com/www/TruckingGuide-Web.pdf. (DAR NOTE: The proposed repeal of Rule R912-11 is under DAR No. 32828 in this issue, August 1, 2009, Bulletin.) ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: No cost or savings are anticipated with this rule change. No new requirements were created with this rule change which will impact the state budget. -LOCAL GOVERNMENTS: No cost or savings are anticipated for local governments with this rule change. No new requirements were created with this rule change that impact local governments. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: No cost or savings are anticipated for small businesses with this rule change. No new requirements were created with this rule change that impact small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: No cost or savings are anticipated for compliance of affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule should have no fiscal impact on businesses. John Njord, Executive Director CONTACT: -Maureen Short, Administrative Assistant, by telephone at 801-965-4026, by FAX at 801-965-4338, or by E-mail at maureenshort@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32826.htm No. 32819 (Amendment): R909-19. Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation and Certification. SUMMARY: The rates for nonconsent towing and storage rates are updated to reflect the rates approved by the Motor Carrier Board. A maximum rate for an administrative fee is set for data entry as required by H.B. 112 which updates Section 72-9-603. The Rule also updates the several websites where one can find notification procedures and surcharges to determine the average daily per gallon diesel cost. ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: No cost or savings are anticipated with this rule change. No new requirements were created with this rule change which will impact the state budget. -LOCAL GOVERNMENTS: No cost or savings are anticipated for local governments with this rule change. No new requirements were created with this rule change that impact local governments. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: No cost or savings are anticipated for small businesses with this rule change. A new requirement was allowed in that a tow company can now charge an administrative fee to cover the cost of data entry into the system. COMPLIANCE COSTS FOR AFFECTED PERSONS: No cost or savings are anticipated for compliance of affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule should have no fiscal impact on businesses. John Njord, Executive Director CONTACT: -Maureen Short, Administrative Assistant, by telephone at 801-965-4026, by FAX at 801-965-4338, or by E-mail at maureenshort@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32819.htm No. 32827 (Amendment): R909-75. Safety Regulations for Motor Carriers Transporting Hazardous Materials and/or Hazardous Wastes. SUMMARY: The change reflects the new CFR issued by the Federal Government. The following is a summary by section of the major changes made in this final rule. The summary does not include minor editorial corrections such as punctuation errors, or similar minnow revisions. Part 171, Section 171.3: This section prescribes requirements for transporting hazardous waste under the Hazardous Materials Regulations (HMR). Paragraph (b)(1) requires each motor vehicle to be marked in accordance with 49 CFR 390.21 and 1058.2. Because Section 1058.2 no longer exists, in this final rule the Pipeline Hazardous Materials Safety Administration (PHMSA) removes this reference in paragraph (b)(1). Section 171.7 Paragraph (a) of Section 171.7 lists materials incorporated by reference into the HMR. In paragraph (a)(3), PHMSA corrects the mailing address for the American Pyrotechnic Association. Paragraph (b) of Section 171.7 lists information materials that are not incorporated by reference. In a final rule published on 01/28/2008 (Docket No. 05-21812 (HM-218D), 73 FR 4699, effective October 1, 2008), PHMSA adds in paragraph (b) an entry for the Compressed Gas Association's (CGA) publication, CGA C-1.1 in Section 171.7(b). A new paragraph (g)(6) in Section 180.205 listed CGA C-1.1 as an example of training material that may be used by persons who requalify cylinders using the volumetric expansion test method. Following the publication of the HM-215D final rule, PHMSA received an appeal from Hydro-Test (PHMSA-2005-21812-0025) asking to either remove this reference to CGA C-1.1 or add examples of other training materials that may be used. Hydro-Test noted that referencing only the CGA publication in the HMR could suggest that other training materials are not acceptable. PHMSA added CGA C-1.1 as an example of guidance material that may be used to assist requalifiers in setting up their cylinder training procedures and record keeping requirements. The publication is not a standalone tool for training persons on how to perform requalification of cylinders using the volumetric expansion test method. However, to alleviate confusion for cylinder requalifiers, in this final rule, PHMSA removed the new entry for CGA C-1.1 from Section 171.7(b) and paragraph (g)(6) from Section 180.205. Section 171.8: This section contains definitions for terms used in the HMR. PHMSA inadvertently omitted replacing the name "Diagnostic specimens" with the name "Biological substances, category B" when PHMSA revised the HMR to harmonize its infectious substance requirements with international requirements and removed the name "Diagnostic specimens" under Docket No. PHMSA-2004-16895 (HM-226A; 71 FR 32244, 06/02/2006). In this final rule, PHMSA corrected this oversight. Also, PHMSA revised the definitions for "Elevated temperature material" and "Liquid phase" to specify the metric conversion of 100 deg F as 38 deg C for consistency throughout the HMR and with that specified in the American Society for Testing and Materials (ASTM) Standard ASTM D 4359, "Standard Test Method for Determining whether a Material is a Liquid or a Solid," which the HMR incorporates by reference under Section 171.7. Section 171.23: This section prescribes requirements for specific materials and packaging transported under the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), International Maritime Dangerous Goods Code (IMDG Code), Transport Canada's Transportation of Dangerous Goods Regulations (Transport Canada TDG Regulations), and the International Atomic Energy Agency Regulations for the Safe Transport of Radioactive Material (IAEA Regulations). In this final rule, PHMSA revised paragraph (a)(3)(iii) to correct the reference "(a)(3)" to "(a)(4)". Section 171.25: This section prescribes additional requirements for the use of the IMDG Code under the HMR. In this final rule, PHMSA corrected several inadvertent errors in this section. In paragraph (b)(1), PHMSA revised the regulatory text to clarify that the segregation requirements in Part 7 of the IMDG Code may be utilized for both rail and highway transportation. The rail mode was inadvertently removed in the printing of the HM-215F final rule published on 05/03/2007. PHMSA also corrected the word "subpart" to read "subchapter" in the second sentence of this paragraph, and the reference to "Part 7, Chapter 2", of the IMDG Code to read "Part 7, Chapter 7.2" in the last sentence. In paragraph (b)(2), PHMSA clarifies that the paragraph applies to transportation by vessel. Part 172: In the heading to Part 172, PHMSA added the words "Security Plans" to reflect the security plan requirements in Subpart I of Part 172. Section 172.201: This section prescribes requirements on the preparation and retention of shipping papers. Paragraph (a)(1)(iii) is corrected to clarify the use of the letter "X" to identify hazardous materials on a shipping paper. The clarification allows the letter "X" to be placed in a column titled "HM" appearing before the basic shipping description instead of the proper shipping name of a hazardous material to recognize that the identification number may appear first in the basic shipping description as provided in Section 172.202(b). Section 172.202: This section prescribes requirements for shipping descriptions on shipping papers. In paragraphs (a)(5) and (a)(6)(ii), PHMSA inserted the U.S. standard measurement conversions after the metric measurements for clarity. Section 172.203: This section prescribes additional description requirements for hazardous materials on shipping papers. In this final rule, PHMSA corrected the examples provided in this section as follows: Section PHMSA revised the paragraph (c)(2) to reflect in the example the basic shipping description sequence prescribed in Section 172.202(b), with the UN identification number appearing first, and to correct the example of the basic description for "Allyl alcohol" to state that this material is a Zone B toxic inhalation hazard. Section PHMSA revised the paragraph (d)(1) to correct the spelling of the word "radionuclides" in the second sentence. Section PHMSA revised the paragraph (i)(2), which contains additional shipping paper description requirements for flammable liquids transported by vessel, to reflect a flash point at 60 deg C (140 deg F) in place of 61 deg C for consistency with the provisions contained in 49 CFR 173.120(a) and paragraph 5.4.1.4.3 of the IMDG Code. Section Paragraph (k) requires the use of a technical name with a proper shipping name designated as generic with the letter "G" in Column 1 of the Section 172.101 Table. PHMSA made a minor editorial revision to the last sentence in paragraph (k) and adding two new sentences to refer readers to the definition of "Technical name" in Section 171.8 and to other relevant information in Section 172.301. Section 172.320: This section prescribes the marking requirements for explosive hazardous materials. In paragraph (b), PHMSA corrected the reference to the regulation requiring a product code for commercial explosives from "27 CFR part 55" to read "27 CFR part 555". In addition, PHMSA removed current paragraph (e)(4), which contains an expired transitional provision, and redesignated current paragraph (e)(5) as paragraph (e)(4). Section 172.704: This section prescribes training requirements for hazmat employees. In paragraph (a)(2)(ii), PHMSA revised the reference to "Sections 171.11 and 171.12" to read "authorized by subpart C of part 171 of this subchapter" to be consistent with revisions adopted in the final rule issued under Docket No. PHMSA-2005-24131 (HM-215F, 72 FR 25162, 3/5/07). Part 173 Section 173.21: This section prescribes the hazardous materials and packages that are forbidden in transportation. In this final rule, PHMSA revised paragraph (f)(3) to clearly state that approvals issued by the Bureau of Explosives are no longer valid. Section 173.25: This section prescribes requirements for transporting hazardous materials packages in overpacks. In this final rule, PHMSA removed the second sentence in paragraph (a)(4) because it contains an expired compliance date. Section 173.219: This section prescribes requirements for transporting life-saving appliances and matches. In this final rule, PHMSA amended paragraph (a) by replacing the word "movement" with "shifting" to clarify the devices must be placed in inner packaging that are packed in outer packaging in a manner to prevent the devices from shifting within the outer packaging. Section 173.227: This section prescribes requirements for packaging poisonous-by-inhalation materials, in Division 6.1, Packing Group I, Hazard Zone B. PHMSA revised paragraph (b) to include UN 6HH1 composite packagings with an inner protective plastic drum. This revision was inadvertently omitted in a final rule issued under Docket No. RSPA-04-17036 (HM-215G, 69 FR 76043, 12/20/2004). Section 173.308: This section sets forth requirements for the transportation of lighters. In this final rule, PHMSA revised paragraph (b)(3)(ii) to specify the metric conversion of 100 deg F as 38 deg C for consistency throughout the HMR. Part 175 Section 175.30: This section prescribes requirements for inspecting hazardous materials shipments aboard an aircraft. A capitalization error is corrected in paragraph (a)(2). In paragraph (a)(3), PHMSA revised the reference to Section 171.11 to read "as authorized by subpart C of part 171 of this subchapter" to be consistent with the revisions adopted under HM-215F. Part 176 Section 176.83: This section prescribes segregation requirements for hazardous materials transported by vessel. In this final rule, PHMSA revised paragraph (b) to clarify that although Column 1 of Table Section 176.83(b) is titled "Class", it also lists certain hazard class divisions. Part 178 Section 178.36: This section contains the design and manufacture requirements for DOT 3A and 3AX seamless steel cylinders. In paragraph (a)(2), PHMSA corrected the wording "seamless stainless steel cylinder" to remove the word stainless, and in the first sentence in paragraph (f), the wording "service pressure less than 900 pounds" to read "service pressure less than 900 psig". Section 178.275: This section prescribes design and manufacture standards for UN portable tanks intended for the transportation of liquid and solid hazardous materials. In the HM-215G final rule, paragraph (i)(2), the introductory text was revised to clarify the combined delivery capacity of a UN portable tank's relief system. However, the mandatory language incorrectly stated that paragraph (i)(2) was revised. As a result, all the vent capacity formulas and tables referenced in the paragraph were removed. PHMSA reinstated paragraphs (i)(2)(i)-(iv) in this final rule. In addition, in paragraph (d)(3), the reference to "(c)(2)" is corrected to read "(d)(2)". Section 178.605: This section prescribes the hydrostatic test requirements for nonbulk UN standard packagings. In this final rule, PHMSA relocated the last sentence in paragraph (d)(3) requiring the performance of a pressure test on packagings intended to contain Packing Group I hazardous materials at a minimum test pressure of 250 kPa (36 psig) to paragraph (d) introductory text, preceding the list of methods contained in paragraphs (d)(1)-(d)(3). PHMSA made this revision to clarify that this pressure test requirement applies regardless of the method chosen to determine the pressure. Part 179 Section 179.400-18: This section prescribes pressure test requirements for the inner tanks of DOT-113 and DOT-107A cryogenic liquid tank car tanks and seamless steel tanks. Paragraph (a) is revised to specify the metric conversion of 100 deg F as 38 deg C for consistency throughout the HMR. Part 180 Section 180.209: This section prescribes requirements for the periodic requalification of DOT specification cylinders. PHMSA revised paragraph (l) introductory text to change "Section 171.12a" to correctly reference Sections 171.12(a) and 171.23(a), and paragraph (l)(2) to correctly reference certain export requirements contained in Section 171.23(a)(4). ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: No cost or savings are anticipated with this rule change. No new requirements were created with this rule change that will impact the state budget. -LOCAL GOVERNMENTS: No cost or savings are anticipated for local governments with this rule change. No new requirements were created with this rule change that will impact local governments. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: No cost or savings are anticipated for small businesses with this rule change. No new requirements were created with this change that will impact small businesses. COMPLIANCE COSTS FOR AFFECTED PERSONS: No cost or savings are anticipated for compliance of affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule should have no fiscal impact on businesses. John Njord, Executive Director CONTACT: -Maureen Short, Administrative Assistant, by telephone at 801-965-4026, by FAX at 801-965-4338, or by E-mail at maureenshort@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32827.htm MOTOR CARRIER, PORTS OF ENTRY No. 32828 (Repeal): R912-11. Overweight and/or Oversize Permitted Vehicle Restrictions on Certain Highways Throughout the State of Utah. SUMMARY: The rule is being repealed in its entirety and replaced by new Rule R909-2. (DAR NOTE: The proposed new Rule R909-2 is under DAR No. 32826 in this issue, August 1, 2009, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: -THE STATE BUDGET: No cost or savings are anticipated with this rule change. No new requirements were created with this rule change which will impact the state budget. -LOCAL GOVERNMENTS: No cost or savings are anticipated for local governments with this rule repeal. No new requirements were created with this rule change that impact local governments. -SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: No cost or savings are anticipated for small businesses with this rule repeal. No new requirements are created with this repeal. COMPLIANCE COSTS FOR AFFECTED PERSONS: No cost or savings are anticipated for compliance of affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule should have no fiscal impact on businesses. John Njord, Executive Director CONTACT: -Maureen Short, Administrative Assistant, by telephone at 801-965-4026, by FAX at 801-965-4338, or by E-mail at maureenshort@utah.gov COMMENT PERIOD ENDS: 08/31/2009 at 5:00 PM. Direct comments to the contact person. THIS FILING MAY BECOME EFFECTIVE ON: 09/07/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32828.htm 3. FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to ensure that necessary rules are kept current and that obsolete rules are removed from the Utah Administrative Code, which is the complete compilation of effective rules. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Notice of Review and Statement of Continuation (Notice); or amend the rule by filing a Proposed Rule and by filing a Notice. By filing a Notice, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the most recent edition of the Utah Administrative Code. The rule text may also be inspected at the agency or the Division of Administrative Rules. Notices are effective upon filing. Notices are governed by Section 63G-3-305. ENVIRONMENTAL QUALITY AIR QUALITY No. 32783 (5-year Review): R307-101. General Requirements. REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Section R307-101-2 includes all the definitions that apply throughout all the rules contained in Title R307. Without them, the remaining rules would be unenforceable, so this rule should be continued. In addition, Rule R307-101 is also a component of Utah's State Implementation Plan, which has been federally approved. CONTACT: -Kimberly Kreykes, Environmental Planning Consultant, by telephone at 801-536-4042, by FAX at 801-536-4099, or by E-mail at kkreykes@utah.gov THIS FILING MAY BECOME EFFECTIVE ON: 07/02/2009 FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32783.htm WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 32802 (5-year Review): R994-309. Nonprofit Organizations. REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary to explain the procedure for how nonprofit organizations choose status as contributory or reimbursable employer and how to file reports. Therefore, this rule should be continued. CONTACT: -Suzan Pixton, Legal Counsel, by telephone at 801-526-9645, by FAX at 801-526-9211, or by E-mail at spixton@utah.gov FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32802.htm No. 32803 (5-year Review): R994-310. Coverage. REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule explains how and when agricultural, domestic, and nonprofit employers can elect coverage and inactivate coverage. Therefore, this rule should be continued. CONTACT: -Suzan Pixton, Legal Counsel, by telephone at 801-526-9645, by FAX at 801-526-9211, or by E-mail at spixton@utah.gov FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32803.htm No. 32804 (5-year Review): R994-311. Governmental Units and Indian Tribes. REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary to describe when and how governmental units and Indian tribes can elect contributory or reimbursable coverage and how those employers pay unemployment benefits if reimbursable coverage is chosen. Therefore, this rule should be continued. CONTACT: -Suzan Pixton, Legal Counsel, by telephone at 801-526-9645, by FAX at 801-526-9211, or by E-mail at spixton@utah.gov FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32804.htm No. 32805 (5-year Review): R994-312. Employing Units Records. REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is necessary to explain and describe how employer records are kept confidential and when the Department can release those records under state law. Therefore, this rule should be continued. CONTACT: -Suzan Pixton, Legal Counsel, by telephone at 801-526-9645, by FAX at 801-526-9211, or by E-mail at spixton@utah.gov FOR MORE INFORMATION, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20090801/32805.htm 4. NOTICES OF RULE EFFECTIVE DATES After a Proposed Rule or a Change in Proposed Rule has been published, and after any comment period has ended, the agency promulgating the rule may notify the Division of Administrative Rules of the effective date of the rule. A Notice of Effective Date may provide for an effective date that after the public comment period designated by the agency, no fewer than 31 days nor more than 120 days from the publication date. Failure to file a Notice of Effective Date within 120 days from its publication results in the rule lapsing and the agency must start the publication process over. Notices of Effective Date are governed by Subsection 63G-3-301(9), and Subsection R15-4-5. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 32653 (Amendment): R156-5a. Podiatric Physician Licensing Act Rule. PUBLISHED: 06/01/2009 EFFECTIVE: 07/09/2009 No. 32661 (Amendment): R156-17b. Pharmacy Practice Act Rule. PUBLISHED: 06/01/2009 EFFECTIVE: 07/09/2009 No. 32652 (Amendment): R156-20a. Environmental Health Scientist Act Rules. PUBLISHED: 06/01/2009 EFFECTIVE: 07/09/2009 No. 32662 (Amendment): R156-31b. Nurse Practice Act Rule. PUBLISHED: 06/01/2009 EFFECTIVE: 07/09/2009 No. 32655 (Amendment): R156-69. Dentist and Dental Hygienist Practice Act Rule. PUBLISHED: 06/01/2009 EFFECTIVE: 07/09/2009 CRIME VICTIM REPARATIONS ADMINISTRATION No. 32673 (Amendment): R270-1. Award and Reparation Standards. PUBLISHED: 06/01/2009 EFFECTIVE: 07/08/2009 ENVIRONMENTAL QUALITY AIR QUALITY No. 32458 (Amendment): R307-101-2. Definitions. PUBLISHED: 04/15/2009 EFFECTIVE: 07/02/2009 HEALTH EPIDEMIOLOGY AND LABORATORY SERVICES, ENVIRONMENTAL SERVICES No. 32393 (New Rule): R392-303. Public Geothermal Pools and Bathing Places. PUBLISHED: 03/15/2009 EFFECTIVE: 07/13/2009 HEALTH SYSTEMS IMPROVEMENT, EMERGENCY MEDICAL SERVICES No. 32618 (Amendment): R426-6. Emergency Medical Services Competitive Grants Program Rules. PUBLISHED: 05/15/2009 EFFECTIVE: 07/09/2009 No. 32615 (Amendment): R426-8. Emergency Medical Services Per Capita Grants Program Rules. PUBLISHED: 05/15/2009 EFFECTIVE: 07/08/2009 HUMAN SERVICES RECOVERY SERVICES No. 32385 (Amendment): R527-3. Definitions. PUBLISHED: 03/15/2009 EFFECTIVE: 07/13/2009 No. 32386 (Amendment): R527-10. Disclosure of Information to the Office of Recovery Services. PUBLISHED: 03/15/2009 EFFECTIVE: 07/13/2009 No. 32387 (Amendment): R527-38. Unenforceable Cases. PUBLISHED: 03/15/2009 EFFECTIVE: 07/13/2009 No. 32388 (Amendment): R527-39. Applicant/Recipient Cooperation. PUBLISHED: 03/15/2009 EFFECTIVE: 07/13/2009 No. 32390 (Amendment): R527-258. Enforcing Child Support When the Obligor is an Ex-Prisoner or in a Treatment Program.. PUBLISHED: 03/15/2009 EFFECTIVE: 07/13/2009 No. 32391 (Amendment): R527-394. Posting Bond or Security. PUBLISHED: 03/15/2009 EFFECTIVE: 07/13/2009 INSURANCE ADMINISTRATION No. 32667 (Repeal): R590-211. Underinsured Motorist Insurer Notification. PUBLISHED: 06/01/2009 EFFECTIVE: 07/08/2009 No. 32674 (New Rule): R590-254. Annual Financial Reporting Rule. PUBLISHED: 06/01/2009 EFFECTIVE: 07/08/2009 PUBLIC SAFETY DRIVER LICENSE No. 32587 (Amendment): R708-14. Adjudicative Proceedings for Driver License Actions Involving Alcohol and Drugs. PUBLISHED: 05/15/2009 EFFECTIVE: 07/06/2009 SPORTS AUTHORITY (UTAH) PETE SUAZO UTAH ATHLETIC COMMISSION No. 32670 (Amendment): R859-1-301. Qualifications for Licensure. PUBLISHED: 06/01/2009 EFFECTIVE: 07/14/2009 No. 32671 (Amendment): R859-1-501. Promoter's Responsibility in Arranging Contests - Permit Fee, Bond, Restrictions. PUBLISHED: 06/01/2009 EFFECTIVE: 07/14/2009 No. 32669 (Amendment): R859-1-802. Martial Arts Contest Weights and Classes. PUBLISHED: 06/01/2009 EFFECTIVE: 07/14/2009 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 32672 (Amendment): R986-200-239. How to Determine the Amount of the Financial Assistance Payment. PUBLISHED: 06/01/2009 EFFECTIVE: 07/08/2009 5. RULES INDEX The Rules Index is a cumulative index that reflects all effective to Utah's administrative rules. The Rules Index is not included Digest. However, a copy of the current Rules Index is available http://www.rules.utah.gov/research.htm. <>