Utah State Digest, Vol. 2013, No. 11 (June 1, 2013) [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 May 2, 2013, 12:00 AM through May 15, 2013, 11:59 PM Volume 2013, No. 11 June 1, 2013 Prepared by Division of Administrative Rules Department of Administrative Services 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 801-359-0759. 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. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 1. SPECIAL NOTICES Medicaid Nursing Facility Reimbursement - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/sn154194.htm Crossover Payments - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/sn154204.htm 2. EXECUTIVE DOCUMENTS As part of his or her constitutional duties, the Governor periodically issues Executive Documents comprised of Executive Orders, Proclamations, and Declarations. "Executive Orders" set policy for the Executive Branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. "Proclamations" call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. "Declarations" designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Division of Administrative Rules for publication and distribution. All orders issued by the Governor not in conflict with existing laws have the full force and effect of law during a state of emergency when a copy of the order is filed with the Division of Administrative Rules. (See Section 63K-4- 401). Governor's Proclamation 2013/01/E: Calling the Sixtieth Legislature Into the First Extraordinary Session - Cherilyn Bradford by phone at 801-538-1505, by FAX at 801-538-1528, or by Internet E-mail at Cbradford@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2013/ExecDoc154213.htm 3. 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. Filings received between May 2, 2013, 12:00 a.m., and May 15, 2013, 11:59 p.m. are summarized in this, the June 1, 2013, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the June 1, 2013, issue of the Utah State Bulletin until at least July 1, 2013 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published 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." From the end of the public comment period through September 29, 2013, 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 in 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. ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 37615 (Amendment): R81-4A-2. Application. SUMMARY OF THE RULE OR CHANGE: This section outlines the application requirements for a Master Full Service Restaurant License. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with state statute. - LOCAL GOVERNMENTS: None--This rule filing simply makes the DABC rules consistent with state statute. - SMALL BUSINESSES: None--This rule filing simply makes the DABC rules consistent with state statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply makes the DABC rules consistent with state statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply makes the DABC rules consistent with state statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply makes the DABC rules consistent with state statute. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37615.htm No. 37616 (Amendment): R81-4C-2. Application. SUMMARY OF THE RULE OR CHANGE: This section outlines the application requirements for a Master Limited Service Restaurant License. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with state statute. - LOCAL GOVERNMENTS: None--This rule filing simply makes the DABC rules consistent with state statute. - SMALL BUSINESSES: None--This rule filing simply makes the DABC rules consistent with state statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply makes the DABC rules consistent with state statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply makes the DABC rules consistent with state statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply makes the DABC rules consistent with state statute. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37616.htm No. 37617 (Amendment): R81-5-1. Licensing. SUMMARY OF THE RULE OR CHANGE: This section outlines the requirements for compliance with Section 32B-6-407 which now allows Fraternal Clubs to allow guests that are over 21 without a host as long as the practice is allowed in the bylaws of the Fraternal Club and the Fraternal Club maintains at least 60% of its total business from the sale of food pursuant. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with state statute. - LOCAL GOVERNMENTS: None--This rule filing simply makes the DABC rules consistent with state statute. - SMALL BUSINESSES: None--This rule filing simply makes the DABC rules consistent with state statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply makes the DABC rules consistent with state statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply makes the DABC rules consistent with state statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply makes the DABC rules consistent with state statute. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37617.htm No. 37618 (Amendment): R81-5-5. Advertising. SUMMARY OF THE RULE OR CHANGE: This section is being removed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with state statute. - LOCAL GOVERNMENTS: None--This rule filing simply makes the DABC rules consistent with state statute. - SMALL BUSINESSES: None--This rule filing simply makes the DABC rules consistent with state statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply makes the DABC rules consistent with state statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply makes the DABC rules consistent with state statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply makes the DABC rules consistent with state statute. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37618.htm CAREER SERVICE REVIEW OFFICE ADMINISTRATION No. 37607 (Amendment): R137-1. Grievance Procedure Rules. SUMMARY OF THE RULE OR CHANGE: The amendment makes the Grievance Procedure Rules consistent Sections 67-19a-101 through 67-19a-402.5 and 67-21-2 through 67-21-10, as amended by S.B. 95 (2012). The amendment to Sections R137-1-18 and R137-1-19 allows a hearing officer discretion to expel witnesses. Definitions are amended for clarity. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No fiscal impact to the state budget from the rule but see fiscal note to S.B. 95 (2012). - LOCAL GOVERNMENTS: Does not apply--Only executive branch state employees are eligible to grieve at the Career Service Review Office (CSRO). Local governments do not interact with the CSRO and changes to the rule will not affect local governments. - SMALL BUSINESSES: Does not apply--Only executive branch state employees are eligible to grieve at the CSRO. Small businesses do not interact with the CSRO and changes to the rule will not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Does not apply--Only executive branch state employees are eligible to grieve at the CSRO. Changes to the CSRO rule will not affect any persons or entities other than executive branch state employees (see answer under "Compliance for affected persons" below). COMPLIANCE COSTS FOR AFFECTED PERSONS: Executive branch state employees will be able to file grievances brought under the Utah Protection of Public Employees Act. There is no filing fee at the CSRO and this will generate no additional costs to employees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Akiko Kawamura by phone at 801-538-3047, by FAX at 801-538-3139, or by Internet E-mail at akawamura@utah.gov - Annette Morgan by phone at 801-538-3048, by FAX at 801-538-3139, or by Internet E-mail at amorgan@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37607.htm EDUCATION ADMINISTRATION No. 37634 (New Rule): R277-411. School District Sponsored School Seminars on Youth Protection-Related Issues. SUMMARY OF THE RULE OR CHANGE: The new rule provides definitions, Utah State Board of Education (USBE)/Utah State Office of Education (USOE) responsibilities, and school district responsibilities and timelines for providing parent seminars on designated issues. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. Existing staff within existing budgets will provide curricula, materials and resources to the extent of resources available as required under the law. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. As with the state, it is anticipated that existing staff within existing budgets will satisfy the responsibilities for parents seminars consistent with the law. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule applies to public education and does not affect businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The responsibilities are with the USBE/USOE and school districts. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The USBE/USOE will provide curricula, materials and resources to the extent of resources available as required under the law and school districts will provide parent seminars as required under the law. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and I see no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37634.htm No. 37636 (Repeal and Reenact): R277-491. School Community Councils. SUMMARY OF THE RULE OR CHANGE: The reenacted rule amends the purpose statement to align with the Utah Code; redundant election provisions are eliminated; election provisions are clarified to align with new code; separate section on local board and district requirements; training details are specified; separate section on principal requirements; separate section on chair requirements; new language on chair setting agendas and conducting business; separate section on school community council business; and separate section on developing plans. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The repealed/reenacted rule provides changes consistent with Utah law, provides clarification, and streamlines the rule which does not result in a cost or savings. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. The repealed/reenacted rule provides changes consistent with Utah law, provides clarification, and streamlines the rule which does not result in a cost or savings. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule applies to public education and does not affect businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The repealed/reenacted rule provides changes consistent with Utah law, provides clarification, and streamlines the rule which does not result in a cost or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The repealed/reenacted rule provides changes consistent with Utah law, provides clarification, and streamlines the rule which does not result in compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and I see no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37636.htm No. 37635 (Amendment): R277-614. Athletes and Students with Head Injuries. SUMMARY OF THE RULE OR CHANGE: The amended rule provides language that excludes recess and play time as periods to which Rule R277-614 and Title 26, Chapter 53, apply. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The amendments to this rule do not affect the state. Local education agencies (LEAs) will revise their head injury policies to provide for the exclusion of "free play and recess" which does not result in a cost or savings. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. LEAs will revise their head injury policies to provide for the exclusion of "free play and recess" which does not result in a cost or savings. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule and the amendments to the rule affect public schools and do not affect businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. LEAs will revise their head injury policies to provide for the exclusion of "free play and recess" which does not result in a cost or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. LEAs will revise their head injury policies. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and I see no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37635.htm ENVIRONMENTAL QUALITY AIR QUALITY No. 37582 (Amendment): R307-101-3. Version of Code of Federal Regulations Incorporated by Reference. SUMMARY OF THE RULE OR CHANGE: The following is a list of changes to 40 CFR from 07/01/2011 to 07/01/2012 that affect rules which reference Section R307- 101-3: Vol. 77, No. 121, Pg. 37610-37614 -- This action revised the EPA's definition of volatile organic compounds (VOCs) under the Clean Air Act (CAA). This revision added trans-1,3,3,3-tetrafluoropropene (also known as HFO-1234ze) to the list of compounds excluded from the definition of VOC on the basis that this compound makes a negligible contribution to tropospheric ozone formation. As a result, if you are subject to certain federal regulations limiting emissions of VOCs, your emissions of HFO-1234ze may not be regulated for some purposes. Vol. 77, No. 124, Pg. 38199 -- In Title 40 CFR parts 87 to 95, revised as of 07/01/2011, on page 579, in Sec. 93.118, paragraph (e)(2) was corrected to read as follows: Sec. 93.118 Criteria and procedures: Motor vehicle emissions budget. (e)(2) If EPA has not declared an implementation plan submission's motor vehicle emissions budget(s) adequate for transportation conformity purposes, the budget(s) shall not be used to satisfy the requirements of this section. Consistency with the previously established motor vehicle emissions budget(s) must be demonstrated. If there are no previously approved implementation plans or implementation plan submissions with adequate motor vehicle emissions budgets, the interim emissions tests required by Sec. 93.119 must be satisfied. Vol. 77, No. 50, Pg. 14979-14988 -- EPA amended the transportation conformity rule to finalize provisions that were proposed on 08/13/2010. These amendments restructured several sections of the transportation conformity rule so that they applied to any new or revised National Ambient Air Quality Standards. EPA also finalized several clarifications to improve implementation of the rule. This final rule removed the definitions for "1-hour ozone NAAQS", "8-hour ozone NAAQS", "24- hour PM10 NAAQS", "1997 PM2.5 NAAQS", "2006 PM2.5 NAAQS", and "Annual PM10 NAAQS" from 40 CFR 93.101. These definitions are no longer necessary because the updated regulatory text for sections 93.109 and 93.119 \8\ applies to any and all NAAQS of those pollutants for which conformity applies. Vol. 76, No. 156, Pg 50129-50133, Friday, 08/12/2011 -- EPA took direct final action on corrections to the Protocol Gas Verification Program and Minimum Competency Requirements for Air Emission Testing final rule, which was published in the Federal Register of 03/28/2011 (76 FR 17288). Vol. 76, No. 152, Pg 48207- 48483 -- In this action, EPA limited the interstate transport of emissions of nitrogen oxides (NOX) and sulfur dioxide (SO2) that contribute to harmful levels of fine particle matter (PM2.5) and ozone in downwind states. EPA identified emissions within 27 states in the eastern United States that significantly affect the ability of downwind states to attain and maintain compliance with the 1997 and 2006 fine particulate matter national ambient air quality standards (NAAQS) and the 1997 ozone NAAQS. The authority citation for part 72 was revised to read as follows: Authority: 42 U.S.C. 7401, 7403, 7410, 7411, 7426, 7601, et seq. Section 72.2 was amended by removing the definition for "interested person". Vol. 77, No. 11, Pg 2456- 2466/Wednesday, 01/18/2012 -- EPA promulgated this final rule to incorporate the most recent versions of ASTM International standards into EPA regulations that provide flexibility to use alternatives to mercury- containing industrial thermometers. This final rule allows the use of such alternatives in certain field and laboratory applications previously impermissible as part of compliance with EPA regulations. Due to mercury's high toxicity, EPA sought to reduce potential mercury exposures to humans and the environment by reducing the overall use of mercury-containing products, including mercury-containing industrial thermometers. Vol. 76, No. 155, Pg 49669-49674, Thursday, August 11, 2011 -- The EPA amended regulations to reflect a change in address for EPA's Region 1 office. This action was editorial in nature and was intended to provide accuracy and clarity to the agency's regulations. PART 763--[AMENDED] Appendix C was amended by revising the address for Region I under II.C.3. to read as follows: Appendix C to Subpart E of Part 763--Asbestos Model Accreditation Plan II.C.3. EPA, Region I, (OES05-1) Asbestos Coordinator, 5 Post Office Square--Suite 100, Boston, MA 02109-3912, (617) 918-1016. 46. Appendix D was amended by revising the address for Region I to read as follows: Appendix D to Subpart E of Part 763--Transport and Disposal of Asbestos Waste Region I Asbestos NESHAPs Contact, Office of Environmental Stewardship, USEPA, Region I, 5 Post Office Square--Suite 100, Boston, MA 02109-3912, (617) 918-1551. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because the revisions do not create new requirements, no change in costs or savings is expected for the state budget. - LOCAL GOVERNMENTS: Because this revision does not create new requirements, no change in costs or savings is expected for local governments. - SMALL BUSINESSES: Because this revision does not create new requirements, no change in costs or savings is expected for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because this revision does not create new requirements, no change in costs or savings is expected for persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this revision does not create new requirements, no change in costs is expected for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment does not create new requirements; therefore, there is no anticipated fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37582.htm No. 37583 (Amendment): R307-210-2. Oil and Gas Sector: New Source Performance Standards. SUMMARY OF THE RULE OR CHANGE: The "Oil and Gas Sector: New Source Performance Standards" in 40 CFR 60.17, 40 CFR Part 60 Subpart KKK, 40 CFR Part 60 Subpart LLL, and 40 CFR Part 60 Subpart OOOO, promulgated by the EPA on August 16, 2012 in 77 FR 49490 are incorporated by reference. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There may be an additional cost to DAQ to enforce the standards for sources that are currently inspected; however, any costs should be minimal and should not result in any additional costs to the state budget. Because new sources are subject to these standards, there may be additional costs to enforce the standards in the future, but the potential increase is currently unknown, especially for smaller sources that are not permitted by DAQ. - LOCAL GOVERNMENTS: There are no new requirements for local government; therefore, there are no anticipated costs or savings. - SMALL BUSINESSES: These provisions are already in place and federally enforceable. Any small business to which this rule might apply already should be complying with this rule; therefore, there are no anticipated costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These provisions are already in place and federally enforceable. Any person other than small businesses, businesses, or local government entities to which this rule might apply already should be complying with this rule; therefore, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the provisions of this rule are already federally enforceable, affected persons should already be in compliance with it. There are no additional compliance costs associated with incorporating the new standards into the DAQ rules. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because the provisions of this rule are already federally enforceable, businesses should already be in compliance with it. DAQ anticipates no fiscal impact associated with incorporating the new standards into the DAQ rules. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37583.htm No. 37584 (Amendment): R307-214-3. Oil and Gas Sector: National Emission Standards for Hazardous Air Pollutants. SUMMARY OF THE RULE OR CHANGE: The "Oil and Gas Sector: National Emission Standards for Hazardous Air Pollutants" in 40 CFR 63.14, 40 CFR Part 63 Subpart HH, and 40 CFR Part 63 Subpart HHH promulgated by the EPA on 08/16/2012 in 77 FR 49490 are incorporated by reference in to the the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There may be an additional cost to DAQ to enforce the standards; however, any costs should be minimal and should not result in any additional costs to the state budget. - LOCAL GOVERNMENTS: There are no new requirements for local government; therefore, there are no anticipated costs or savings. - SMALL BUSINESSES: These provisions are already in place and federally enforceable. Any small business to which this rule might apply already should be complying with this rule; therefore, there are no anticipated costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These provisions are already in place and federally enforceable. Any person other than small businesses, businesses, or local government entities to which this rule might apply already should be complying with this rule; therefore, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the provisions of this rule are already federally enforceable, affected persons should already be in compliance with it. There are no additional compliance costs associated with incorporating the new standards into the DAQ rules. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because the provisions of this rule are already federally enforceable, businesses should already be in compliance with it. DAQ anticipates no fiscal impact associated with incorporating the new standards into the DAQ rules. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 08/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37584.htm HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 37589 (New Rule): R392-103. Food Handler Training and Certificate. SUMMARY OF THE RULE OR CHANGE: The rule establishes the: 1) purpose; 2) requirements to be met to become an approved food handler training provider; 3) requirements for issuing of food handler permits, and acceptance statewide by the local health departments; 4) course training and testing requirements; and 5) auditing and other administrative requirements. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be an increase in workload at the Department to administer this program, but the costs will be covered by existing funding. - LOCAL GOVERNMENTS: There may be a reduction in fees received for training at some local health departments as private food handler training programs replace training which has been provided by local health departments. Fees received for issuing of food handler permits should remain neutral, if not lower, as the renewal frequency has been uniformly set at three years, where the frequency previously varied. - SMALL BUSINESSES: There is a potential for small businesses to increase their revenue from training as they compete in the new market authorized by this rule. Although the statute and rule do not require that a provider use their own test, there will be a cost of no more than $500 paid to the Department every three years for costs associated with the approval of their own test if the provider chooses this option. Additionally per statute they also must cover the recommendation costs of an "Independent Instructional Design and Testing Expert". There is no cost required to use the Department provided test, but applicants must sign a confidentiality agreement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is potential for large businesses to increase their revenue from training as they compete in the new market authorized by this rule. Although the statute and rule do not require that a provider use their own test, there will be a cost of no more than $500 paid to the Department every three years for costs associated with the approval of their own test if the provider chooses this option. Additionally per statute they also must cover the recommendation costs of an "Independent Instructional Design and Testing Expert". There is no cost required to use the Department provided test, but applicants must sign a confidentiality agreement. COMPLIANCE COSTS FOR AFFECTED PERSONS: The implementation of this rule will mean a shift in financial streams for all parties currently involved in food handler training and certification as it is anticipated that the private industry market portion will increase for the training required. The costs for training will be market driven and not restrained or mandated by this rule. Costs to individuals for issuance of food handler permits should be relatively unchanged. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This may have the effect of shifting some portion of the training from current providers to large corporate in-house training. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ronald Marsden by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at rmarsden@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37589.htm LABOR COMMISSION ADMINISTRATION No. 37621 (Amendment): R600-2. Operations. SUMMARY OF THE RULE OR CHANGE: This rule change establishes modified hours of operation as 8:00 am to 5:00 pm, Monday through Thursday for the Commission's Parowan office. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Commission anticipates there may be a minimal effect on the state's budget in the form of reduced utility costs for the Parowan office. - LOCAL GOVERNMENTS: The Commission does not anticipate any cost or savings to local government as a result of this change. The business of the Parowan office does not usually impact local government. - SMALL BUSINESSES: The Commission does not anticipate any cost or savings to small businesses as a result of this change. Small businesses may continue to interact with the Parowan office as participants in cases. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Commission does not anticipate any cost or savings to persons other than small businesses, businesses, or local government entities as a result of this change. These individuals, organizations, or entities may continue to interact with the Parowan office as participants in cases. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Commission does not anticipate any cost or savings to affected persons because the Parowan office will offer the same level of services and will be fully staffed Monday thru Thursday. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There should be no fiscal impact on businesses with this rule change as it simply establishes modified hours of operations for the Parowan, Utah, office of the Labor Commission. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jaceson Maughan by phone at 801-530-6036, by FAX at 801-530-6390, or by Internet E-mail at jacesonmaughan@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37621.htm INDUSTRIAL ACCIDENTS No. 37622 (Amendment): R612-200-1. Acceptance / Denial of a Claim. SUMMARY OF THE RULE OR CHANGE: This rule change requires employers to report workplace injuries to insurance carriers who then report to the Labor Commission electronically. Previously both employers and carriers reported paper forms to the Labor Commission. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Commission anticipates some cost to set up and monitor, however in the long term this is offset by personnel savings (time spent manually entering paper forms). - LOCAL GOVERNMENTS: The Commission does not anticipate any cost or savings to local governments because they are already reporting claims to the Commission. - SMALL BUSINESSES: The Commission does not anticipate any cost to small businesses because they are already reporting claims to the Commission. There may be some savings because they will not be reporting claims to two entities. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Commission anticipates insurance carriers may incur some costs to meet the electronic reporting requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: Insurance carriers only operating in Utah would have initial development costs. Insurance carriers operating in other electronic reporting jurisdictions may incur costs to add Utah to their electronic distribution. Insurance carriers do incur costs associated with transmitting their reports through authorized EDI vendors and will be assessed noncompliance fines if they fail to follow reporting protocols. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no costs to small businesses, there may be a small savings to those who are currently filing reports to both the carrier and Commission. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by Internet E-mail at rdressler@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37622.htm NATURAL RESOURCES PARKS AND RECREATION No. 37601 (Amendment): R651-204. Regulating Waterway Markers. SUMMARY OF THE RULE OR CHANGE: The current rule does not address specific hazards to navigation, the permitting process through State Lands and the Division of Utah State Parks and Recreation, the owner's identification on the hazard or the international specifications and standards for a waterway hazard. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No effect on state budget as this rule is the same process that has been used for years as an informal guideline. - LOCAL GOVERNMENTS: No effect on local government as this rule is the same process that has been used for years as an informal guideline. - SMALL BUSINESSES: No effect on small business as this rule is the same process that has been used for years as an informal guideline. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No effect on others as this rule is the same process that has been used for years as an informal guideline. COMPLIANCE COSTS FOR AFFECTED PERSONS: No effect on others as this rule is the same process that has been used for years as an informal guideline. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Should have no impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37601.htm No. 37602 (Amendment): R651-214. Temporary Registration. SUMMARY OF THE RULE OR CHANGE: There are many non-dealers who sell and purchase their vessels from non-dealers each year. The proposed changes will allow a non-dealer to apply for a temporary permit to allow a prospective buyer to test run the vessel without permanent/temporary registration. The 96-hour permit will allow a mechanic to legally test run the vessel on public water for a short time period. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No effect on state budget as this rule change updates the rule to be consistent with Division of Motor Vehicles (DMV) procedures that have been in effect for some time. - LOCAL GOVERNMENTS: No effect on local government as this rule change updates the rule to be consistent with DMV procedures that have been in effect for some time. - SMALL BUSINESSES: No effect to small businesses as this rule change updates the rule to be consistent with DMV procedures that have been in effect for some time. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No effect on others as this rule change updates the rule to be consistent with DMV procedures that have been in effect for some time. COMPLIANCE COSTS FOR AFFECTED PERSONS: No change in compliance costs as this rule change updates the rule to be consistent with DMV procedures that have been in effect for some time. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Should have a positive impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37602.htm No. 37603 (Amendment): R651-216-8. Use of Non-Navigational Lights. SUMMARY OF THE RULE OR CHANGE: The fishing, bow-fishing and scientific research communities are asking for an exemption in the use of non- navigational lights outside of a navigational channel. The proposed exemption will legalize the use of these lights engaged in those activities. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change will not affect the state budget as it makes exemptions for certain persons that use their vessels at night. - LOCAL GOVERNMENTS: This rule change will not affect local government as it makes exemptions for certain persons that use their vessels at night. - SMALL BUSINESSES: This rule change will not affect small business as it makes exemptions for certain persons that use their vessels at night. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change will not affect others as it makes exemptions for certain persons that use their vessels at night. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule change will not affect compliance costs as it makes exemptions for certain persons that use their vessels at night. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule could enhance business for bow-fishing sales of equipment. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37603.htm No. 37625 (Amendment): R651-611. Fee Schedule. SUMMARY OF THE RULE OR CHANGE: For Fiscal Year 2014, the Legislature passed S.B. 2 (2013 General Session), which included the Division's fee schedule. The change allows State Park management to increase fees up to the cap the legislature set if there is a need in the future. Fees will vary for programs and parks based upon the fee schedule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no expected costs or saving to the state budget. Although there are no projected costs or savings associated with implementing the Division's enacted fee schedule, any unforeseen costs will be paid for via the Division's restricted fund appropriation. - LOCAL GOVERNMENTS: There are no predicted costs or saving to local governments. This affects state parks only. - SMALL BUSINESSES: There are no projected costs or saving to small businesses. This change is for state parks only and should not affect small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is a possibility that visitors could see fee increases based upon S.B. 2 (2013). The legislature set a cap and park management may make increases up to that cap if management sees a need in the future. Cost increase is unknown at this time. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs could vary for visitors to state parks. The fee schedule change allows state park managers and administration to raise the fees up to the cap the legislature set. Compliance costs are unknown at this time. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There should be little fiscal impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37625.htm No. 37585 (Amendment): R651-614. Fishing, Hunting and Trapping. SUMMARY OF THE RULE OR CHANGE: Small game hunting is currently authorized at Gunlock State Park. It has been confirmed that there are no small game hunting opportunities at Gunlock State Park, so the current rule is not applicable. There are waterfowl hunting opportunities at Gunlock State Park. The current rule does not state that waterfowl can be hunted so there is a need for the changes to reflect that waterfowl hunting opportunities are allowed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Open waterfowl will both increase revenue and operation costs. Park revenue will increase some with Gunlock being open Saturdays in the hunting season, revenue will offset the staffing and operation expenses. Gunlock has never been staffed in November and December and the ramp has been closed at that time of year since the Quagga Mussel threat. - LOCAL GOVERNMENTS: Local government will not be affected so there is no cost or savings to them. - SMALL BUSINESSES: Businesses along the roads could see an increase of sales in food, fuel and hunting supplies. Estimate increase for the season, $2,000. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities: Hunters will be very happy to have Gunlock open for waterfowl hunting. During the season, the ramp will be open on weekends. Participants will incur personal hunting expenses which vary. COMPLIANCE COSTS FOR AFFECTED PERSONS: Park day use fee at Gunlock are $7 per day and camping is $15. Day visitors may use their annual park pass for entering Gunlock. Entrance fees will allow a person to hunt waterfowl. Hunting licenses for this purpose must also be purchased. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Should have no impact in business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37585.htm FORESTRY, FIRE AND STATE LANDS No. 37623 (Amendment): R652-70-2300. Management of Bear Lake Sovereign Lands. SUMMARY OF THE RULE OR CHANGE: This rule amendment implements Subsection 65A-2-6(2) with regard to launching or retrieving a vessel in an area adjacent to the landowner's property at Bear Lake. This rule establishes criteria for launching vessels adjacent to landowner's property and the required permitting, along with the completion of the Mussel-Aware Boater Program and requirement to obtain a Decontamination Certification. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The division will incur minimal costs for the processing of the permit application and issuance of the permit. However, any costs incurred will be covered by the $25 permit fee. - LOCAL GOVERNMENTS: The proposed amendment will not result in direct, measurable costs or benefits to local government as this amendment deals with launching and retrieving of a vessel in an area adjacent to a landowner's property. - SMALL BUSINESSES: This amendment only affects adjacent landowners who desire to launch or retrieve a vessel from an area adjacent to the landowners property. If the landowners is a small business and they desire to launch or retrieve a vessel from an area adjacent from their property, then a permit would be required at the cost of $25 along with being required to obtain a Decontamination Certificate. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Adjacent landowners will have to purchase a beach launching permit. Adjacent landowners will also have to comply with the Mussel-Aware Boater Program and obtain a Decontamination Certification. COMPLIANCE COSTS FOR AFFECTED PERSONS: Not to exceed $25 for each beach launching permit. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Should have no fiscal impacts. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or by Internet E-mail at jamiebarnes@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37623.htm WILDLIFE RESOURCES No. 37609 (Amendment): R657-64. Predator Control Incentives. SUMMARY OF THE RULE OR CHANGE: This rule amendment allows for exemptions to specified provisions of Rule R657-11 as determined by the Division of Wildlife Resources (DWR) to participants in the Targeted Predator Control Program. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule amendment allows for flexibility as determined by the division to participants in the Targeted Predator Control Program. DWR determines that these amendments will not create any cost or savings impact to the state budget or DWR's budget, and will be carried out with the money allocated by the State Legislature under the Mule Deer Protection Act. - LOCAL GOVERNMENTS: Since this amendment only allows for flexibility with participants in the Targeted Predator Control Program, DWR determines that this filing does not create any direct cost or savings impact to local governments since they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: Since this rule amendment allows the division flexibility with participants in the Targeted Predator Control Program, DWR determines this filing does not create a direct cost or savings impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Since this rule amendment allows the division flexibility with participants in the Targeted Predator Control Program, DWR determines this filing does not create a direct cost or savings impact to other persons who participate in the program. COMPLIANCE COSTS FOR AFFECTED PERSONS: DWR determines that this rule amendment does not create a cost or savings impact to individuals in Utah. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The amendments to this rule do not create an impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37609.htm PUBLIC SAFETY DRIVER LICENSE No. 37612 (Repeal): R708-33. Electric Assisted Bicycle Headgear. SUMMARY OF THE RULE OR CHANGE: The rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because the underlying statute authorization no longer exists and because the division no longer enforces this rule, there are no costs or savings associated with this rule. - LOCAL GOVERNMENTS: Because the underlying statute authorization no longer exists and because the division no longer enforces this rule, there are no costs or savings associated with this rule. - SMALL BUSINESSES: Because the underlying statute authorization no longer exists and because the division no longer enforces this rule, there are no costs or savings associated with this rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because the underlying statute authorization no longer exists and because the division no longer enforces this rule, there are no costs or savings associated with this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the underlying statute authorization no longer exists and because the division no longer enforces this rule, there are no costs or savings associated with this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37612.htm CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 37606 (Amendment): R722-300. Concealed Firearm Permit and Instructor Rule. SUMMARY OF THE RULE OR CHANGE: Changes to this rule respond to statutory change, clarify the process for application/renewal of a Concealed Firearm Permit and/or a Concealed Firearms Instructor Certification, allow use of photos contained in the BCI database for subsequent applications (within three years), and make formatting and grammatical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There may be an aggregate anticipated cost to state budget. This proposed rule addresses a statutory change requiring the concealed firearm permit renewal fee to be waived for members of the military and their spouses as long as the service member presents orders requiring the active duty service member to report for duty in Utah, or an active duty service member's spouse presents the active duty service member's orders requiring the service member to report for duty in Utah. The waiver of the renewal fees may generate a cost to the state budget because the renewal fees are used to cover the costs associated with processing the renewal application. - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local government because these proposed amendments may affect only the state budget. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses because these proposed amendments may affect only the state budget. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These proposed amendments may generate a cost savings to those qualified military persons and spouses who are assigned to Utah and are not required to submit proof of their own state's concealed firearm permit, and who have the fee waived for renewal of the Concealed Firearm Permit, or who will not have to submit subsequent photos if a recent photo (within three years) is contained in BCI files. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons, and instead may generate a savings for those that qualify for the waiver of the requirement to provide proof of one's own state's concealed firearm permit, the waiver of the concealed firearm renewal fees, and the waiver to submit subsequent photos if a recent photo (within three years) is contained in BCI files. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact this rule will have on business. This rule establishes procedures whereby the Bureau of Criminal Identification (BCI) administers the Concealed Firearms Act. The permits and processes are specific to BCI, and therefore have no fiscal impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alice Moffat by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37606.htm No. 37605 (Amendment): R722-310. Regulation of Bail Bond Recovery and Enforcement Agents. SUMMARY OF THE RULE OR CHANGE: This amendment addresses statutory changes that allow BCI to issue renewals when no disqualifying information is found, adds new language to allow use of photos contained in the BCI database for subsequent applications, if the applicant submitted an acceptable photo within the previous three years, and addresses formatting and grammatical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no aggregate anticipated cost or savings to the state budget. This proposed amendment addresses the allowance for BCI to issue renewals when no disqualifying information is found. BCI is already processing these applications, but must submit them to the board for approval. The same process is followed with the exception of issuing the renewal as soon as BCI determines that the applicant is not disqualified. - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local government. This proposed amendment is procedural in nature, and specific to BCI. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses. This proposed amendment is procedural in nature, and specific to BCI. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities. This proposed amendment is procedural in nature, and specific to BCI. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because this proposed amendment is procedural in nature, and specific to BCI. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed amendment in not anticipated to have a fiscal impact on business because the changes are procedural in nature, and specific to BCI. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alice Moffat by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37605.htm No. 37604 (Amendment): R722-330. Licensing of Private Investigators. SUMMARY OF THE RULE OR CHANGE: This proposed amendment allows use of photos contained in the BCI database for subsequent applications (within three years), and addresses formatting and grammatical changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no aggregate anticipated cost or savings to the state budget because this amendment is procedural in nature, and specific to BCI. - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local government because this amendment is procedural in nature, and specific to BCI. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses because this amendment is procedural in nature, and specific to BCI. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities because this amendment is procedural in nature, and specific to BCI. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons, and may have a potential savings for persons that would have previously been required to submit a new photo with each subsequent application. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact on businesses associated with this rule because the proposed amendment is procedural in nature, and specific to BCI. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alice Moffat by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37604.htm REGENTS (BOARD OF) ADMINISTRATION No. 37586 (Amendment): R765-604. New Century Scholarship. SUMMARY OF THE RULE OR CHANGE: Changes to this rule include raising the minimum grade point average from 3.0 to 3.3 and defining full-time enrollment at fifteen credit hours per semester for applicants to receive and continue receiving a New Century Scholarship award. These changes are effective 07/01/2013. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. This amendment only affects the grade point average and number of enrolled credit hours for applicants to the scholarship program and therefore, imposes no additional costs or savings to state budgets. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to any local government. This amendment only affects the grade point average and number of enrolled credit hours for applicants to the scholarship program and therefore, imposes no additional costs or savings to local government. - SMALL BUSINESSES: There are no anticipated costs or savings to any small business. This amendment only affects the grade point average and number of enrolled credit hours for applicants to the scholarship program and therefore, imposes no additional costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to any person. This amendment only affects the grade point average and number of enrolled credit hours for applicants to the scholarship program and therefore, imposes no additional costs or savings to any person. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to any affected person. This amendment only affects the grade point average and number of enrolled credit hours for applicants to the scholarship program and therefore, imposes no compliance costs to individuals applying for and receiving a New Century Scholarship. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change has no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ronell Crossley by phone at 801-321-7291, by FAX at 801-321-7299, or by Internet E-mail at rcrossley@utahsbr.edu THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37586.htm No. 37587 (Amendment): R765-609. Regents' Scholarship. SUMMARY OF THE RULE OR CHANGE: This amendment changes the minimum required grade point average from 3.0 to 3.3 for a student to continue receiving scholarship funds each semester. Also, the definition of full time enrollment as twelve credit hours is removed and replaced with the requirement that scholarship recipients enroll for and complete fifteen credit hours each semester. In addition to Advanced Placement and college course concurrent enrollment for high school students, the International Baccalaureate designation is added to section 9.5 to determine weighted grades for determination of the necessary courses for scholarship eligibility. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule change has no anticipated costs or savings to state budgets as no evaluation is made to the number of qualifying applicants each year. These changes are made without connection to annual appropriations for this scholarship budget item. There was no adjustment to state budgets for appropriation to this scholarship as a result of the law initiating this rule amendment. - LOCAL GOVERNMENTS: None--This rule and this amendment has no associated cost or savings to local government as it does not pertain to local governments at all; only college students. - SMALL BUSINESSES: None--No aspect of this rule affects small businesses; only college students. Therefore, there are no anticipated costs or savings for small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--Neither costs nor savings to persons other than small businesses, businesses, or local government entities is determined. This rule change only applies to students who apply for, and qualify for the Regents' Scholarship and their eligibility for such funds. There are no anticipated costs or savings for such persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with this rule for any affected person since this rule change and the program it covers does not involve costs to any individual. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule has no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 07/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ronell Crossley by phone at 801-321-7291, by FAX at 801-321-7299, or by Internet E-mail at rcrossley@utahsbr.edu THIS RULE MAY BECOME EFFECTIVE ON: 07/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37587.htm 4. NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive public comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period, and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends July 1, 2013. From the end of the 30-day waiting period through September 29, 2013, an agency may notify the Division of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective 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. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses and the agency must start the process over. Changes in Proposed Rules are governed by Section 63G-3-303; Rule R15-2; and Sections R15-4-3, R15-4-5, R15-4-7, and R15-4-9. ENVIRONMENTAL QUALITY AIR QUALITY No. 37268 (Change in Proposed Rule): R307-401-19. Analysis of Alternatives. SUMMARY OF THE RULE OR CHANGE: There are no changes being made to the proposed rule. This filing is being done so that this rule can be made effective on the same date as Section R307-403-2 (DAR No. 37264) and Rule R307-420 (DAR No. 37265). (DAR NOTE: This CPR has been filed to extend the time frame for the proposed amendment for this rule that was published in the March 1, 2013, issue of the Utah State Bulletin, on page 36.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no changes being made; therefore, there are no anticipated costs or savings. - LOCAL GOVERNMENTS: There are no changes being made; therefore, there are no anticipated costs or savings. - SMALL BUSINESSES: There are no changes being made; therefore, there are no anticipated costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no changes being made; therefore, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no changes being made; therefore, there are no anticipated compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no changes being made; therefore, there will be no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37268.htm No. 37269 (Change in Proposed Rule): R307-401-20. Relaxation of Limitations. SUMMARY OF THE RULE OR CHANGE: There are no changes being made to the proposed rule. This filing is being done so that this rule can be made effective on the same date as Section R307-403-2 (DAR No. 37264) and Rule R307-420 (DAR No. 37265). (DAR NOTE: This CPR has been filed to extend the time frame for the proposed amendment for this rule that was published in the March 1, 2013, issue of the Utah State Bulletin, on page 36.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no changes being made; therefore, there are no anticipated costs or savings. - LOCAL GOVERNMENTS: There are no changes being made; therefore, there are no anticipated costs or savings. - SMALL BUSINESSES: There are no changes being made; therefore, there are no anticipated costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no changes being made; therefore, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no changes being made; therefore, there are no anticipated compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no changes being made; therefore, there will be no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37269.htm No. 37263 (Change in Proposed Rule): R307-403-1. Purpose and Definitions. SUMMARY OF THE RULE OR CHANGE: There are no changes being made to the proposed rule. This filing is being done so that this rule can be made effective on the same date as Section R307-403-2 (DAR No. 37264) and Rule R307-420 (DAR No. 37265). (DAR NOTE: This CPR has been filed to extend the time frame for the proposed amendment for this rule that was published in the March 1, 2013, issue of the Utah State Bulletin, on page 37.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no changes being made; therefore, there are no anticipated costs or savings. - LOCAL GOVERNMENTS: There are no changes being made; therefore, there are no anticipated costs or savings. - SMALL BUSINESSES: There are no changes being made; therefore, there are no anticipated costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no changes being made; therefore, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no changes being made; therefore, there are no anticipated compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no changes being made; therefore, there will be no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37263.htm No. 37264 (Change in Proposed Rule): R307-403-2. Applicability. SUMMARY OF THE RULE OR CHANGE: The provisions of Subsections R307-403- 2(4)(a) through (aa) are removed from the proposed rule. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the March 1, 2013, issue of the Utah State Bulletin, on page 39. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because the provisions being removed were duplicate provisions, there are no anticipated costs or savings to the state budget. - LOCAL GOVERNMENTS: Because the provisions being removed were duplicate provisions, there are no anticipated costs or savings to local government. - SMALL BUSINESSES: Because the provisions being removed were duplicate provisions, there are no anticipated costs or savings to small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because the provisions being removed were duplicate provisions, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons associated with this change in proposed rule as we are merely removing duplicate provisions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no fiscal impact on business as a result of this change in proposed rule as we are merely removing duplicate provisions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37264.htm No. 37266 (Change in Proposed Rule): R307-403-10. Analysis of Alternatives. SUMMARY OF THE RULE OR CHANGE: There are no changes being made to the proposed rule. This filing is being done so that this rule can be made effective on the same date as Section R307-403-2 (DAR No. 37264) and Rule R307-420 (DAR No. 37265). (DAR NOTE: This CPR has been filed to extend the time frame for the proposed amendment for this rule that was published in the March 1, 2013, issue of the Utah State Bulletin, on page 42.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no changes being made; therefore, there are no anticipated costs or savings. - LOCAL GOVERNMENTS: There are no changes being made; therefore, there are no anticipated costs or savings. - SMALL BUSINESSES: There are no changes being made; therefore, there are no anticipated costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no changes being made; therefore, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no changes being made; therefore, there are no anticipated compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no changes being made; therefore, there will be no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37266.htm No. 37267 (Change in Proposed Rule): R307-403-11. Actuals PALs. SUMMARY OF THE RULE OR CHANGE: There are no changes being made to the proposed rule. This filing is being done so that this rule can be made effective on the same date as Section R307-403-2 (DAR No. 37264) and Rule R307-420 (DAR No. 37265). (DAR NOTE: This CPR has been filed to extend the time frame for the proposed amendment for this rule that was published in the March 1, 2013, issue of the Utah State Bulletin, on page 43.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no changes being made; therefore, there are no anticipated costs or savings. - LOCAL GOVERNMENTS: There are no changes being made; therefore, there are no anticipated costs or savings. - SMALL BUSINESSES: There are no changes being made; therefore, there are no anticipated costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no changes being made; therefore, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no changes being made; therefore, there are no anticipated compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no changes being made; therefore, there will be no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37267.htm No. 37265 (Change in Proposed Rule): R307-420. Permits: Ozone Offset Requirements in Davis and Salt Lake Counties. SUMMARY OF THE RULE OR CHANGE: Subsection R307-420-3(3) is amended by adding language to clarify that the provisions of Subsections R307-403-2(1)(a) through (f) and Subsections R307-403-2(2) through (7) apply in Rule R307-420 for the limited purpose of determining whether a modification is a major modification for VOC or nitrogen oxides. (DAR NOTES: The change in proposed rule (CPR) for Section R307-403-2 is under DAR No. 37264 in this issue, June 1, 2013, of the Bulletin. This CPR has been filed to make additional changes to a proposed amendment that was published in the March 1, 2013, issue of the Utah State Bulletin, on page 43. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because there are no new requirements to the state, there are no anticipated costs or savings tot he state budget. - LOCAL GOVERNMENTS: Because no new requirements are added, there are no anticipated costs or savings to local government. - SMALL BUSINESSES: Because no new requirements are added, there are no anticipated costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because no new requirements are added there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: The changes made in this change in proposed rule are to add clarifying language. There are no changes that will result in additional compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes made in this change in proposed rule are to add clarifying language. There should be no fiscal impact to small businesses as a result of these changes. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37265.htm 5. NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G-3- 304(1)). A 120-Day Rule is effective at the moment the Division of Administrative Rules receives the filing, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because 120-Day Rules are effective immediately, the law does not require a public comment period. However, when an agency files a 120-Day Rule, it usually files a Proposed Rule at the same time, to make the requirements permanent. Comment may be made on the Proposed Rule. Emergency or 120-Day Rules are governed by Section 63G-3-304; and Section R15-4-8. ADMINISTRATIVE SERVICES PURCHASING AND GENERAL SERVICES No. 37633 (Emergency Rule): R33-3-3. Small Purchases. SUMMARY OF THE RULE OR CHANGE: Subsection 63G-3-301(13) requires state agencies to make or amend their administrative rules within 180 days of the effective date of the legislation that required the rulemaking. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: Subsection 63G-3-301(13) requires state agencies to make or amend their administrative rules within 180 days of the effective date of the legislation that required the rulemaking. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule amendments will not affect the state budget because they are simply refining source selection procedures for small purchases made by the Division of Purchasing and General Services. - LOCAL GOVERNMENTS: These rule amendments will not affect local governments' budgets because they are simply refining source selection procedures for small purchases made by the Division of Purchasing and General Services. - SMALL BUSINESSES: These rule amendments will not affect the budget of small businesses, because they are simply refining source selection procedures for small purchases made by the Division of Purchasing and General Services. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These rule amendments will not affect any other person's budget, because they are simply refining source selection procedures for small purchases made by the Division of Purchasing and General Services. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any other persons, because the amendments are simply refining source selection procedures for small purchases made by the Division of Purchasing and General Services. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These amendments have no fiscal impact on businesses. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Chiarina Gleed by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at cgleed@utah.gov - Paul Mash by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet E-mail at pmash@utah.gov EFFECTIVE: 05/15/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37633.htm AGRICULTURE AND FOOD REGULATORY SERVICES No. 37620 (Emergency Rule): R70-330. Raw Milk for Retail. SUMMARY OF THE RULE OR CHANGE: This filing does the following: 1) changes the scope of the law to include, in addition to the selling of raw milk, its manufacture, distribution and holding; 2) changes the requirements for a permit suspension from "one strike you're out" to a policy that is more flexible; 3) clearly establishes the bacteriological standards as determined by the Standard Plate Count and the Total Coliforms; 4) allows batch samples to be obtained from other locations instead of the self-owned off-premise store; 5) removes HACCP plan requirements; 6) removes pathogen sampling requirements; 7) allows producers to have samples analyzed at the State Dairy Lab; and 8) allows UDAF to collect a fee for analyzing raw milk samples. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: The statutory changes goes into effect 05/14/2013. Rule R70- 330 will be in violation of Title 4, Chapter 3, if the rule changes do not go into effect the same date. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state budget should realize minor savings. The State Dairy Lab will no longer have to conduct pathogen sampling of raw milk. Savings undetermined, but minor due to the very small amount of sampling avoided. - LOCAL GOVERNMENTS: Local governments are not involved in dairy regulations. There will be no impact. - SMALL BUSINESSES: The one commercial lab that analyzes dairy samples should see some reduced sales as dairies can now submit samples to the State Dairy Lab. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No other persons have been identified. COMPLIANCE COSTS FOR AFFECTED PERSONS: The impacted dairies claim that these changes will reduce their operating expenses. No definitive amount of savings has been offered to us. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This emergency rule is necessary to implement the changes made by the 2013 Utah Legislature. UDAF will submit a permanent rule in the near future. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Kyle Stephens by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at kylestephens@utah.gov - Richard Clark by phone at 801-538-7150, by FAX at 801-538-7126, or by Internet E-mail at richardwclark@utah.gov EFFECTIVE: 05/14/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37620.htm ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 37611 (Emergency Rule): R81-1-31. Duties of the Commission Subcommittees. SUMMARY OF THE RULE OR CHANGE: The proposed Section R81-1-31 defines the duties of the two commission subcommittees -- Compliance, Licensing and Enforcement Subcommittee and the Operations and Procurement Subcommittee. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: Emergency rulemaking is necessary for the agency to comply with state statute that administrative rules be in place within six months of enactment. S.B. 66 was passed in the 2012 General Session, creating two commission subcommittees. An emergency rule was filed on 02/15/2013 and the formal rulemaking process was initiated. However, the commission decided not to adopt the rule as proposed and a change in proposed rule has now been filed. This emergency rule is being filed to ensure that a rule remains in place as we engage in the formal rulemaking process. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with state statute. - LOCAL GOVERNMENTS: None--This rule filing simply makes the DABC rules consistent with state statute. - SMALL BUSINESSES: None--This rule filing simply makes the DABC rules consistent with state statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply makes the DABC rules consistent with state statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply makes the DABC rules consistent with state statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply makes the DABC rules consistent with state statute. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov EFFECTIVE: 05/13/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37611.htm PUBLIC SAFETY DRIVER LICENSE No. 37614 (Emergency Rule): R708-21. Third Party Testing. SUMMARY OF THE RULE OR CHANGE: This change adds language which requires an applicant for a commercial driver license third party tester or third party examiner license to submit fingerprints and consent to a criminal history background check and FBI check and pay the costs associated with those checks. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: Section 53-3-207.1 is effective on 05/14/2013. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Bureau of Criminal Investigations will receive an applicant's fees to cover the cost associated with a criminal history background check and an FBI check. - LOCAL GOVERNMENTS: There is no fiscal impact to local government because local government does not regulate third-party testers and examiners for a commercial driver license. - SMALL BUSINESSES: Costs associated with criminal history background checks and FBI checks for each applicant for a commercial driver license third party tester or third party examiner will be required. It is not known if the business will pay these costs or require their employees to pay these costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Costs associated with criminal history background checks and FBI checks for each applicant for a commercial driver license third party tester or third party examiner will be required. It is not known if the business will pay these costs or require their employees to pay these costs. COMPLIANCE COSTS FOR AFFECTED PERSONS: Costs associated with criminal history background checks and FBI checks for each applicant for a commercial driver license third party tester or third party examiner will be required. It is not known if the business will pay these costs or require their employees to pay these costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and determined this rule does not have a fiscal impact on businesses. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jill Laws by phone at 801-964-4469, by FAX at 801-964-4482, or by Internet E-mail at jlaws@utah.gov EFFECTIVE: 05/14/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37614.htm TRANSPORTATION MOTOR CARRIER No. 37624 (Emergency Rule): R909-19-7. Towing Notice Requirements. SUMMARY OF THE RULE OR CHANGE: The proposed amendment establishes guidelines for providing to consumers, and outlines the information to be included in, the Utah Consumer Bill of Rights Regarding Towing, such as the maximum rates a tow truck motor carrier may charge, verification of reporting to the Impound Vehicle System (IVS), compliance with Federal Motor Carrier Safety Regulations, the consumer's right to file a complaint with the Motor Carrier Division of the Utah Department of Transportation, and directions to web sites where additional information may be found. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: H.B. 115 (2013) requires the Utah Department of Transportation to establish a Utah Consumer Bill of Rights Regarding Towing, and requires tow truck operators to provide a copy to the owner whose vehicle was removed. The bill goes into effect 05/14/2013. By enacting this emergency rule amendment, the department will be in compliance with the requirements of the bill, and it will provide the tow truck operators guidelines and the information they are required to provide to consumers. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There may be an initial increase in the number of consumer complaints the Motor Carrier Division is required to investigate, but the additional time and costs will be absorbed within existing budgets. In the long run, with increased compliance with the rule, the division anticipates a reduction in the number of complaints and the time spent investigating them. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local governments because the Motor Carrier Division regulates tow truck motor carriers and enforces this rule. - SMALL BUSINESSES: Small businesses that are tow truck motor carriers will incur the cost of printing copies of the Utah Consumer Bill of Rights Regarding Towing to provide to consumers. If a business ordered 1,000 copies at $0.15 per copy, the cost would be $150. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the Motor Carrier Division regulates tow truck motor carriers and enforces this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: In order to comply with this rule, tow truck motor carriers will incur the cost of printing copies of the Utah Consumer Bill of Rights Regarding Towing to provide to consumers. If a business ordered 1,000 copies at $0.15 per copy, the cost would be $150. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The only anticipated fiscal impact on businesses from this amendment is the costs tow truck motor carriers will incur to print copies of the Utah Consumer Bill of Rights Regarding Towing to provide to consumers as required by H.B. 115 (2013). DIRECT QUESTIONS REGARDING THIS RULE TO: - Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov EFFECTIVE: 05/14/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37624.htm 6. 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 remove obsolete rules from the Utah Administrative Code. 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. EDUCATION ADMINISTRATION No. 37626 (5-year Review): R277-104. ADA Complaint Procedure. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides procedures for non- Utah State Office of Education and non-Utah State Office of Rehabilitation employees to file complaints under federal ADA law. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov EFFECTIVE: 05/15/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37626.htm No. 37627 (5-year Review): R277-436. Gang Prevention and Intervention Programs in the Schools. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides standards and procedures for distributing funding for gang prevention and intervention programs in public schools. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov EFFECTIVE: 05/15/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37627.htm No. 37628 (5-year Review): R277-460. Distribution of Substance Abuse Prevention Account. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides for distribution of the Utah State Office of Education's share of the Substance Abuse Prevention Account. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov EFFECTIVE: 05/15/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37628.htm No. 37629 (5-year Review): R277-491. School Community Councils. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides standards and procedures for school community council operations, plan approval, oversight, and training. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov EFFECTIVE: 05/15/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37629.htm No. 37630 (5-year Review): R277-614. Athletes and Students with Head Injuries. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides procedures for local education agencies to adopt and enforce a head injury policy for students participating in sporting events. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov EFFECTIVE: 05/15/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37630.htm HEALTH ADMINISTRATION No. 37596 (5-year Review): R380-250. HIPAA Privacy Rule Implementation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it sets forth the responsibility of covered programs to safeguard health information in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). It will also continue this rule to allow individuals under HIPAA to access their PHI, request to amend their PHI, and to request an accounting of disclosures. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 05/06/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37596.htm CHILDREN'S HEALTH INSURANCE PROGRAM No. 37608 (5-year Review): R382-1. Benefits and Administration. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it describes benefits, limitations, enrollment, reimbursement, cost sharing, and the fair hearings process for providers and enrollees within the Children's Health Insurance Program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 05/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37608.htm No. 37610 (5-year Review): R382-10. Eligibility. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department agreed that the rule should not be more restrictive than the statute. The Department, therefore, filed a change to the proposed rule to remove the restriction on CHIP recipients, and the new change became effective on 08/22/2011. The Department will continue this rule because it sets forth eligibility requirements for children to receive CHIP coverage. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 05/09/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37610.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 37591 (5-year Review): R414-53. Eyeglasses Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it sets forth eligibility requirements, service coverage, and reimbursement for providers and recipients of eyeglasses services. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 05/03/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37591.htm INSURANCE ADMINISTRATION No. 37600 (5-year Review): R590-219. Credit Scoring. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is needed to regulate automobile insurance companies in the way they use an insured's credit score. One of the main reasons for this rule and the law was to disallow insurers from using a credit score as the sole reason to cancel an insured. The law and rule require there to be risk- related factors before increasing an insured's premium or canceling them. Since the creation of this law and rule, the department has received fewer and fewer complaints related to misuse of credit scores. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov EFFECTIVE: 05/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37600.htm No. 37598 (5-year Review): R590-222. Life Settlements. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule provides the requirements and explanations regarding the business of life settlements, including, licensing, annual reports, payments, disclosures, reasonable payments, verification of coverage, advertising, fraud reporting, prohibited practices and form filing. All are necessary for the proper regulation of this product in the marketplace to protect the consumer. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov EFFECTIVE: 05/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37598.htm No. 37599 (5-year Review): R590-223. Rule to Recognize the 2001 CSO Mortality Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is a part of statutory accounting requirements. It prescribes a mortality table to be used for the valuation and nonforfeiture for life insurance. It establishes reserving standards consistent with that recommended by the National Association of Insurance Commissioner's (NAIC) Accounting Practices and Procedures Manual. Repeal of the rule would adversely impact insurance companies, as well as consumers. If the rule is withdrawn it will make life insurance less affordable. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov EFFECTIVE: 05/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37599.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 37592 (5-year Review): R657-34. Procedures for Confirmation of Ordinances on Hunting Closures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-34 is necessary to provide the procedures for a political subdivision within a community to obtain confirmation from the Wildlife Board to close an area to hunting for reasons of safety. The provisions adopted in this rule are effective. Continuation of this rule is necessary to provide the standards and procedures for obtaining confirmation from the Wildlife Board. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 05/06/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37592.htm No. 37593 (5-year Review): R657-37. Cooperative Wildlife Management Units for Big Game or Turkey. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-37 is established for setting the standards and procedures applicable to Cooperative Wildlife Management units for big game or turkey. The provisions adopted in this rule are effective in increasing wildlife resources, providing income to landowners, providing the general public access to private and public lands for hunting big game or turkey, creating satisfying hunting opportunities and providing adequate protection to landowners who open their lands for hunting. Continuation of this rule is necessary for success with this program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 05/06/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37593.htm No. 37594 (5-year Review): R657-42. Fees, Exchanges, Surrenders, Refunds and Reallocation of Wildlife Documents. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-42 is established for setting the standards and procedures for exchanges, surrenders, refunds and reallocations of wildlife permits. The provisions adopted in this rule are effective in maintaining a set practice of guidelines assuring continuity and consistency in handling circumstances pertaining to exchanges, surrenders, refunds, reallocations and late fees. Continuation of this rule is necessary for success with this program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 05/06/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37594.htm No. 37595 (5-year Review): R657-45. Wildlife License, Permit, and Certificate of Registration Forms. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-45 is established for prescribing the forms of a wildlife license, permit, and certificate of registration. The provisions adopted in this rule are effective in prescribing the form of a license, permit, and certificate of registration. Continuation of this rule is necessary for prescribing the form of a license, permit, and certificate of registration. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 05/06/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37595.htm PUBLIC SAFETY DRIVER LICENSE No. 37613 (5-year Review): R708-30. Motorcycle Rider Training Schools. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary to continue the standards and guidelines which assist motorcycle training schools and the division in the operating of the motorcycle rider education program. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov EFFECTIVE: 05/13/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37613.htm 7. NOTICES OF LEGISLATIVE NONREAUTHORIZATION Section 63G-3-502 provides that "every agency rule that is in effect on February 28 of any calendar year expires on May 1 of that year unless it has been reauthorized by the Legislature." To do this, the Legislature's Administrative Rules Review Committee prepares omnibus legislation each year. As part of this legislation, the Legislature may elect not to reauthorize a rule or a part of a rule down to the complete paragraph level. When this occurs, the rule or part of a rule is removed from the Code. The list below represents rules that the Legislature has elected not to reauthorize. Legislative nonreauthorization of administrative rules is governed by Section 63G-3-502. INSURANCE TITLE AND ESCROW COMMISSION No. 37588 (Legislative Nonreauthorization): R592-2-7. Imposition of Penalties. SUMMARY: Subsection R592-2-7(2) was not reauthorized under H.B. 256 (2013 General Session). Therefore, this subsection is removed from the Utah Administrative Code as of 05/01/2013. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 05/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130601/37588.htm 8. NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to file a notice of effective date any time after the close of comment plus seven days. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to file a notice of effective date on any date including or after the thirtieth day after the rule's publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses and the agency must start the rulemaking process over. Notices of Effective Date are governed by Subsection 63G-3-301(12), 63G-3- 303, and Sections R15-4-5a and 5b. COMMERCE REAL ESTATE No. 37393 (AMD): R162-2f.Real Estate Licensing and Practices Rules Published: 04/01/2013 Effective: 05/08/2013 No. 37394 (AMD): R162-2f-403.Trust Accounts Published: 04/01/2013 Effective: 05/08/2013 HEALTH DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY No. 37345 (AMD): R386-702.Communicable Disease Rule Published: 03/01/2013 Effective: 05/15/2013 HUMAN SERVICES SERVICES FOR PEOPLE WITH DISABILITIES No. 37163 (AMD): R539-3.Rights and Protections Published: 01/15/2013 Effective: 05/10/2013 No. 37163 (CPR): R539-3.Rights and Protections Published: 04/01/2013 Effective: 05/10/2013 INSURANCE ADMINISTRATION No. 37379 (AMD): R590-102-17.Dedicated Fees Published: 03/15/2013 Effective: 05/14/2013 JUDICIAL PERFORMANCE EVALUATION COMMISSION ADMINISTRATION No. 37383 (AMD): R597-1.General Provisions Published: 04/01/2013 Effective: 05/14/2013 No. 37382 (AMD): R597-3.Judicial Performance Evaluations Published: 04/01/2013 Effective: 05/14/2013 9. RULES INDEX The Rules Index is a cumulative index that reflects all effective Utah 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 . <>