Arizona Administrative

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Volume 13, Issue 46 November 16, 2007 Contents of this Issue General Information ...... 3956 Public Participation in the Rulemaking Process...... 3957 Notices of Proposed Rulemaking...... 3958 3 A.A.C. 2. . . . . Department of Agriculture – Animal Services Division ...... 3958 3 A.A.C. 2. . . . . Department of Agriculture – Animal Services Division ...... 3966 3 A.A.C. 2. . . . . Department of Agriculture – Animal Services Division ...... 3968 3 A.A.C. 3. . . . . Department of Agriculture – Environmental Services Division...... 3970 17 A.A.C. 9. . . . Department of Administration – School Buses ...... 3989 Notices of Exempt Rulemaking ...... 4032 9 A.A.C. 22. . . . Arizona Health Care Cost Containment System – Administration ...... 4032 Notices of Rulemaking Docket Opening ...... 4043 3 A.A.C. 2. . . . . Department of Agriculture – Animal Services Division ...... 4043 3 A.A.C. 2. . . . . Department of Agriculture – Animal Services Division ...... 4044 3 A.A.C. 2. . . . . Department of Agriculture – Animal Services Division ...... 4044 3 A.A.C. 3. . . . . Department of Agriculture – Environmental Services Division...... 4045 4 A.A.C. 38. . . . Board of Homeopathic Medical Examiners...... 4046 17 A.A.C. 4. . . . Department of Transportation – Title, Registration, and Driver Licenses ...... 4046 19 A.A.C. 1. . . . Department of Liquor Licenses and Control ...... 4047 County Notices Pursuant to A.R.S. § 49-112...... 4048 Maricopa County Air Quality Department ...... 4048 Maricopa County Air Quality Department ...... 4076 Governor’s Executive Orders/Proclamations ...... 4078 Arizona Water Education Week...... 4078 Patient-Centered Care Awareness Month ...... 4079 Runaway Prevention Month...... 4079 U.S.S. Arizona Memorial Day...... 4080 Arizona Hepatitis C Awareness Month ...... 4081 Arizona Diabetes Awareness Day ...... 4081 Direct Support Professional Day ...... 4082 Index...... 4084 Effective Date Schedule and Register and Code Deadlines ...... 4096 Governor’s Regulatory Review Council Deadlines ...... 4100

SCOTT CANCELOSI JAN BREWER KIM CRAWFORD Director Editor Public Services Division Secretary of State Arizona Administrative Register Arizona Administrative Register / Secretary of State General Information GENERAL INFORMATION

Arizona Administrative Register The Arizona Administrative Register (A.A.R.) is an official publication of the state of Arizona and contains the rulemaking activity of the state’s agencies, including proposed, final, emergency, summary, and exempt rules. The Secretary of State’s Office prints the Register weekly. Rulemakings initiated under the Administrative Procedure Act as effective January 1, 1995, include the full text. In addition, the Register contains the full text of the Governor’s Executive Orders and Proclamations of general applicability, summaries of Attorney General opinions, notices of rules terminated by the agency, and the Governor’s appointments of state officials and members of state boards and commissions. Other documents may be included if the documents are concerned with rulemaking or if state statute requires that they be published in the Register. A full schedule of deadline and publication dates appears in the back of this issue. A schedule of deadlines for the Governor’s Regulatory Review Council is also listed. Within each type of rulemaking category, rules are listed in the same numerical order in which they appear in the Arizona Administrative Code (A.A.C.). The Arizona Administrative Register is cited by volume and page number and issue date. Pagination of the Register is consecutive throughout each volume year. An index to rulemaking activity is published in each issue and is cumulated every six months in a separately published index. The Office also publishes biennially an index to the Governor’s documents, the Attorney General’s summaries of opinions, and the Governor’s appointments to boards and commissions. Filing Number Each rulemaking package is assigned a filing number. This number, enclosed in brackets, is located in the upper right-hand corner of the published rules in the Register. Each number is preceded by the letter “R” and the year the rulemaking package was filed with the Office. Miscellaneous notices are preceded by the letter “M” and the year the notice was filed with the Office. Arizona Administrative Code The Arizona Administrative Code (A.A.C.) is an official publication of the state of Arizona. The A.A.C. contains all rules promulgated by the regulatory agencies of the state and filed with the Secretary of State after either certification by the Attorney General if initiated before January 1, 1995, or approval by either the Governor’s Regulatory Review Council or the Attorney General, as appropriate, if initiated after January 1, 1995. The Code also contains rules exempt from the rulemaking process or exempt from certification or approval. The A.A.C. uses a hyphenated numbering system. Each rule (Section) number is preceded by the letter “R” indicating “Rule.” The first number following the letter “R” indicates the Title (subject area) in which the rule appears. The middle number indicates the Chapter (agency). The last number indicates the rule number. For example: A.A.C. R18-2-101 is the citation for Section 101 of Chapter 2 of Title 18 of the Code. Publication of a rule in the Arizona Administrative Code is prima facie evidence of the making, amendment, or repeal of that rule as provided by A.R.S. § 41-1012.

The full text of all rules printed is available for inspection in the Office of the Secretary of State, 1700 West Washington, 7th Floor, and at the promulgating agency. In addition, the Arizona Administrative Code supplements, published four times each year, contain the full text of rules on which changes were adopted during each calendar quarter.

The Office of the Secretary of State is an equal opportunity employer. Persons requiring alternate formats must contact the Secretary of State’s ADA Coordinator at (602) 542-4285 or TDD (602) 255-8683.

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Volume 13, Issue 46 Page 3956 November 16, 2007 Arizona Administrative Register / Secretary of State Public Participation in the Rulemaking Process PUBLIC PARTICIPATION IN THE RULEMAKING PROCESS The public is encouraged to participate in the rulemaking process by which administrative rules are made, amended, or repealed. Listed below are some of the ways in which to participate (references are to the Arizona Revised Statutes (A.R.S.), a compilation of the laws of the state of Arizona).

¾ By inspecting a copy of the Notice of Proposed Rulemaking filed with the Secretary of State, Public Services Division, for publication in the Arizona Administrative Register. (See A.R.S. § 41-1022.)

¾ By making oral comments, if an oral proceeding or a public hearing is held, or written comments to the agency proposing the rule. In order for the agency to consider your comments, the agency must receive them by the close of record. Your comments must reach the agency within the 30-day comment period following Register publication of the Notice of Proposed Rulemaking. Send your comments to the agency representative whose name and address are printed in the Notice of Proposed Rulemaking. (See A.R.S. § 41-1022.)

¾ By requesting, in writing, an oral proceeding on a proposed rule within 30 days after the Notice of Proposed Rulemaking has been published in the Register if the agency has not scheduled a proceeding. (See A.R.S. § 41- 1023.)

¾ By submitting to the Governor’s Regulatory Review Council written comments that are relevant to the Council’s power to review a given rule (see A.R.S. § 41-1052). The Council reviews the rule at the end of the rulemaking process and before the rules are filed with the Secretary of State.

¾ By petitioning an agency to make, amend, or repeal a rule. The agency must respond to the petition. (See A.R.S. § 41- 1033.)

November 16, 2007 Page 3957 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking NOTICES OF PROPOSED RULEMAKING

Unless exempted by A.R.S. § 41-1005, each agency shall begin the rulemaking process by first submitting to the Secretary of State’s Office a Notice of Rulemaking Docket Opening followed by a Notice of Proposed Rulemaking that contains the preamble and the full text of the rules. The Secretary of State’s Office publishes each Notice in the next available issue of the Register according to the schedule of deadlines for Register publication. Under the Administrative Procedure Act (A.R.S. § 41-1001 et seq.), an agency must allow at least 30 days to elapse after the publication of the Notice of Proposed Rulemaking in the Register before beginning any proceedings for making, amending, or repealing any rule. (A.R.S. §§ 41-1013 and 41-1022)

NOTICE OF PROPOSED RULEMAKING

TITLE 3. AGRICULTURE

CHAPTER 2. DEPARTMENT OF AGRICULTURE ANIMAL SERVICES DIVISION [R07-375]

PREAMBLE

1. Sections Affected Rulemaking Action R3-2-101 Amend R3-2-601 Amend R3-2-606 Amend R3-2-612 Amend R3-2-614 Amend R3-2-616 Amend R3-2-617 Amend R3-2-618 Amend R3-2-620 Amend R3-2-621 Amend 2. The statutory authority for the rulemaking, including both the authorizing statute (general) and the statutes the rules are implementing (specific): Authorizing statute: A.R.S. § 3-107(A)(1) Implementing statute: A.R.S. §§ 3-1203, 3-1204 3. A list of all previous notices appearing in the Register addressing the proposed rule: Notice of Rulemaking Docket Opening: 13 A.A.R. 3958, November 16, 2007 (in this issue) 4. The name and address of agency personnel with whom persons may communicate regarding the rulemaking: Name: Carlos Ramírez, Rules Analyst Address: Department of Agriculture 1688 W. Adams Phoenix, AZ 85007 Telephone: (602) 542-0962 Fax: (602) 542-5420 E-mail: [email protected] 5. An explanation of the rule, including the agency’s reasons for initiating the rules: The Department of Agriculture proposes to amend its rules relating to health requirements governing admission of animals into the state following a five-year review. Under this rulemaking, the Department will update citations to materials that are incorporated by reference, correct or amend references to diseases or other rules, and otherwise bring the rules into compliance with current APA standards. The Department will also amend R3-2-606(A)(4)(a)(i) to require that the official eartag for dairy cattle also include information that identifies the herd from which the cattle was born. The Department will also amend R3-2-612(C)(6) to remove brucellosis quarantine exemptions for native ranch cattle imported from an adjacent Class A State, because no state bordering Arizona is Class A. Finally, the Department will amend R3-2-617 to require a health certificate or Form 9-3 from the National Poultry Improvement Program before allowing poultry animals entry into the state. Although this is a substantive change from the existing

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rule, the proposed rulemaking is intended to codify an existing voluntary inspection program in which many poultry importers are already participating. 6. A reference to any study that the agency proposes to rely on in its evaluation of or justification for the proposed rule and where the public may obtain or review the study, all data underlying each study, any analysis of the study and other supporting material: None 7. A showing of good cause why the rule is necessary to promote a statewide interest if the rule will diminish a previous grant of authority of a political subdivision of this state: Not applicable 8. The summary of the economic, small business, and consumer impact: The proposed rulemaking will substantively affect both the Department of Agriculture, businesses, and individuals who import poultry. The proposed rulemaking will create minimal costs for the Department measured in additional employee hours spent enforcing the additional requirements and processing additional forms. A cost will be created for poultry importers who will have to submit either a health certificate or Form 9-3 to indicate poultry shipments are free of diseases or other detrimental conditions. However, both entities are prepared to meet these costs as a result of a voluntary participation program instituted by the Department. Both parties will also benefit by securing economic interests and ensuring the well being of the state’s poultry resources and poultry consumers. Dairy cattle importers will also be required to produce information on the cattle’s herd of birth before importation. However, the Depart- ment does not believe the proposed rulemaking will significantly affect businesses or state revenues. Proposed amendments to bring the rules into compliance with APA requirements will not result in any significant costs. The Department has determined there are no alternative means to achieve the objectives of the proposed rulemaking and holds that the benefits of the rulemaking outweigh any costs. 9. The name and address of agency personnel with whom persons may communicate regarding the accuracy of the economic, small business, and consumer impact statement: Name: Carlos Ramírez, Rules Analyst Address: Department of Agriculture 1688 W. Adams Phoenix, AZ 85007 Telephone: (602) 542-0962 Fax: (602) 542-5420 E-mail: [email protected] 10. The time, place, and nature of the proceedings for the making, amendment, or repeal of the rules, or if no proceeding is scheduled, where, when, and how persons may request an oral proceeding on the proposed rules: An oral proceeding is not scheduled for these proposed rules. To request an oral proceeding or to submit comments, please contact the Rules Analyst listed in item 4 between the hours of 8:00 a.m. and 4:30 p.m., Monday through Fri- day, except Arizona legal holidays. If a request for an oral proceeding is not made, the public record in this rulemaking will close at 4:30 p.m. 30 days after the notice is published in the Arizona Administrative Register. 11. Any other matters prescribed by statute that are applicable to the specific agency or to any specific rule or class of rules: None 12. Incorporations by reference and their location in the rules: The current incorporated reference in R3-2-612(D) to 9 CFR 92.424 through 92.427, January 1, 1996, edition, and amended at 60 FR 13898, 13900, March 15, 1995, will be updated to instead refer to the January 1, 2007, edition. Reflexively, the reference to the incorporated materials in subsection (H)(1) will be updated as well. Subsection (I)(2) also refers to the January 1, 1996, edition of 9 CFR 73, Scabies in Cattle, which will also be amended to the 2007 edition. The rule R3-2-614(A)(2) incorporates 9 CFR 79, dated August 21, 2001. This will also be amended to incorporate the January 1, 2007, edition. R3-2-616 makes reference to incorporated materials in R3-2-408. Although the incorporated reference is accurate, the rule will be amended to refer to the rule that actually contains the reference. All incorporated by reference materials will be made available through the Department of Agriculture. 13. The full text of the rule follows:

November 16, 2007 Page 3959 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

TITLE 3. AGRICULTURE

CHAPTER 2. DEPARTMENT OF AGRICULTURE ANIMAL SERVICES DIVISION

ARTICLE 1. GENERAL PROVISIONS Section R3-2-101. Definitions ARTICLE 6. HEALTH REQUIREMENTS GOVERNING ADMISSION OF ANIMALS Section R3-2-601. Definitions R3-2-606. Health Certificate R3-2-612. Importation of Cattle and Bison R3-2-614. Sheep and Goats R3-2-616. Cats and Dogs R3-2-617. Poultry R3-2-618. Psittacine Birds R3-2-620. Zoo Animals R3-2-621. Non-restricted Live Wildlife Cervidae ARTICLE 6. HEALTH REQUIREMENTS GOVERNING ADMISSION OF ANIMALS R3-2-101. Definitions In addition to the definitions provided in A.R.S. §§ 3-1201, 3-1451, and 3-1771, the following terms apply to this Chapter: 1. “Animal” means livestock, bison, dogs, cats, rabbits, rodents, game animals, furbearing and wildlife mammals, and poultry and other birds. 2. “APHIS” means the Animal and Plant Health Inspection Service of the United States Department of Agriculture. 3. “Breeding swine” means any swine having the potential to breed, and includes gilts, sows, and boars. “Cervidae” means the family of cervids that includes, but is not limited to, deer, moose, elk, reindeer, and caribou. “Dairy cattle” means cattle of dairy breeds or dairy types used for the production of milk or milk products for human consumption. “Designated feedlot” means a confined drylot area under state quarantine that is approved and licensed by the State Veterinarian, contains a restricted feeding pen, and is maintained for finish feeding of cattle or bison that do not meet the brucellosis or tuberculosis import test requirements. “Health certificate” means a legible record that is issued by a VS animal health official, state animal health official, or accredited veterinarian at the point of origin of a shipment of animals, conforms to the requirements of R3-2-606, and is written on a form approved by the chief animal health official of the state of origin or an equivalent form of the USDA attesting that the animal described has been inspected and found to meet the Arizona entry requirements. “Permit number” or “permit” means a serialized number issued by the State Veterinarian’s Office that conforms to the requirements of R3-2-607 and allows the regulated movement of certain animals into Arizona. “USDA” means the United States Department of Agriculture. 4. “VS” means the Veterinary Services branch of APHIS. R3-2-601. Definitions The following terms apply to this Article: “Animal” means livestock, feral swine, ratite, bison, water buffalo, oxen, llama, and any exotic mammal not regulated as restricted live wildlife by the Arizona Game and Fish Department. “Breeding swine” means any swine having the potential to breed, and includes gilts, sows, and boars. “Cervidae” means the family of cervids that includes deer, moose, elk, reindeer, and caribou. “Dairy cattle” means cattle of dairy breeds or dairy types used for the production of milk or milk products for human consumption. “Designated feedlot” means a confined drylot area under state quarantine that is approved and licensed by the State Veterinarian, contains a restricted feeding pen, and is maintained for finish feeding of cattle or bison that do not meet the brucellosis or tuberculosis import test requirements. Volume 13, Issue 46 Page 3960 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

“Health certificate” means a legible record that is issued by a VS animal health official, state animal health official, or accredited veterinarian at the point of origin of a shipment of animals, conforms to the requirements of R3-2-606, and is written on a form approved by the chief animal health official of the state of origin or an equivalent form of the USDA attesting that the animal described has been inspected and found to meet the Arizona entry requirements. “Certified copy” means a copy of an official health certificate that includes an additional original signature from the authorizing veterinarian. “Macaque” means any monkey of the genus Macaca in the family Ceropithecidae. “Official eartag” means an identification tag providing unique identification for individual animals. An official eartag that contains or displays an AIN with an 840 prefix must bear the US shield. The design, size, shape, color, and other characteristics of the official eartag will depend on the needs of the users, subject to the approval of the Administra- tor. The official eartag must be tamper-resistant and have a high retention rate in the animals. Official eartags must adhere to one of the following number systems: National Uniform Eartagging System, Animal identification number (AIN), Premises-based number system. The premises-based number system combines an official premises identification number (PIN) with a producer’s livestock production numbering system to provide a unique identification number. The PIN and the production number must both appear on the official tag, or Any other numbering system approved by the Administrator for the identification of animals in commerce. “Permit number” or “permit” means a serialized number issued by the State Veterinarian’s Office that conforms to the requirements of R3-2-607 and allows the regulated movement of certain animals into Arizona. “Specifically approved stockyard” means a stockyard specifically approved by VS and the State Veterinarian for receiving from other states cattle and bison that are not brucellosis-reactor, brucellosis-suspect, or brucellosis- exposed. R3-2-606. Health Certificate A. A health certificate is valid for not more than 30 days after the date of issue, except where otherwise noted in this Article, and shall contain: 1. The name and address of the shipper and receiver; 2. The origin of the animal; 3. The animal’s final destination; 4. Cattle. a. The number of animals covered by the health certificate, and an accurate description and, except for steers, spayed heifers, or “F” branded heifers consigned to a designated feedlot identified by brand, one of the following individual identifications: i. The USDA metal official eartag number that, for dairy cattle, identifies the herd of birth, or ii. The registration tattoo number, or and the registration brand of a breed association recognized by VS. iii. The registration brand of a breed association recognized by VS; b. The health status of the animals, including date and result of an inspection, dipping, test, or vaccination required by Arizona; and c. The method of transportation; 5. Swine. a. Evidence that the swine have been inspected by the veterinarian issuing the health certificate within 10 days before the shipment, b. A statement that: i. The swine have never been fed garbage, and ii. The swine have not been vaccinated for pseudorabies; c. Except for feeder swine consigned to a restricted swine feedlot: i. A list of the individual permanent identification for each exhibition swine, using an earnotch that conforms to the universal swine-earnotch system or for each commercial swine, using other individual identification, and the premises identification using a tattoo or producer-furnished tamper-proof eartag that conforms to the USDA National Premises Identification System; ii. The validated brucellosis-free herd number and last test date for swine originating from a validated brucellosis-free herd; iii. The pseudorabies status of the state of origin; and iv. The pseudorabies qualified negative herd number, if applicable; d. Except for feeder swine consigned to a restricted swine feedlot, swine moving directly to an exhibition, and swine from a farm of origin in a state recognized by APHIS as a pseudorabies Stage V state, a statement that the November 16, 2007 Page 3961 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

swine shall be quarantined on arrival at destination and kept separate and apart from all other swine until tested negative for pseudorabies no sooner than 15 days nor later than 30 days after entry into Arizona; and e. Feeder swine consigned to a restricted swine feedlot shall be identified by premises of origin using a tattoo or producer-furnished tamper-proof eartag that conforms to the USDA National Premises Identification System; 6. Sheep and goats. a. Individual identification prescribed in R3-2-614; b. A statement that: i. The sheep or goats are not infected with bluetongue, or exposed to scrapie, and do not originate from a scrapie-infected or source flock; ii. Breeding rams have been individually examined and are free of gross lesions of ram epididymitis; and c. A statement that the sheep or goat test negative for Brucella ovis if a test is required by R3-2-614(B); and 7. Equine. a. An accurate identification for each equine covered by the health certificate including age, sex, breed, color, name, brand, tattoo, scars, and distinctive markings; and b. A statement that the equine has a negative test for EIA, as required in R3-2-615, including: i. The date and results of the test; ii. The name of the testing laboratory; and iii. The laboratory accession number. B. Additions, deletions, and unauthorized or uncertified changes inserted or applied to a health certificate renders the certificate void. Uncertified photocopies of health certificates are invalid. C. The veterinarian issuing a health certificate shall certify that the animals shown on the health certificate are free from evidence of any infectious, contagious, or communicable disease or known exposure. D. An accredited veterinarian shall inspect animals for entry into the state. E. The Director may limit the period for which a health certificate is valid to less than 30 days if advised by the State Veteri- narian of the occurrence of a disease that constitutes a threat to the livestock industry. R3-2-612. Importation of Cattle and Bison A. The owner of cattle and bison entering Arizona or the owner’s agent shall comply with the requirements in R3-2-602 through R3-2-611 and the following conditions: 1. Pay the expenses incurred to quarantine, test, and retest the imported cattle or bison or return to the state of origin. 2. For imported beef breeding cattle, breeding bison, and dairy cattle, ensure that an accredited veterinarian applies a USDA metal an official eartag to each animal. B. Arizona shall not accept: 1. Cattle or bison from brucellosis infected, exposed, or quarantined herds regardless of their vaccination or test status, or both, except: a. Steers and spayed females, and b. Animals shipped directly for immediate slaughter to an official state or federal slaughter establishment; 2. Cattle or bison of unknown brucellosis exposure status, unless consigned for feeding purposes to a designated feedlot, or to a quarantine pen approved by the State Veterinarian at an export station approved by the USDA; 3. Dairy cattle from a state or region within a foreign country without brucellosis status comparable to a Class-Free State, or without tuberculosis status comparable to an Accredited-Free State; 4. Dairy and dairy cross steers, and dairy and dairy cross spayed heifers from Mexico; 5. Beef breeding cattle or breeding bison from a state or region within a foreign country without brucellosis status comparable to a Class A State, or without tuberculosis status comparable to a Modified Accredited State. C. Brucellosis testing requirements for beef breeding cattle, breeding bison, and dairy cattle imported into Arizona from other states. 1. The owner or owner’s agent shall ensure that an official calfhood vaccinate is tested negative for brucellosis within 30 days before entering Arizona if the official calfhood vaccinate is: a. 18 months or older, b. Cutting the first set of permanent incisors, or c. Parturient or postparturient. 2. The owner or owner’s agent shall ensure that bulls and non-vaccinated heifers test negative for brucellosis if 12 months of age or older, unless consigned for feeding purposes to a designated feedlot. All cattle or bison consigned to a designated feedlot shall be branded with an “F” adjacent to the tail head before entry into Arizona unless permission is granted by the State Veterinarian grants permission to apply the “F” brand on upon arrival. All “F” branded cattle or bison that leave the designated feedlot shall be shipped directly to: go directly to an official state or federal slaughter establishment for immediate slaughter or to another designated feedlot or be shipped to another state with the permission of the State Veterinarian in the state of destination. a. An official state or federal slaughter establishment for immediate slaughter,

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b. Another designated feedlot, or c. Another state if permitted by the State Veterinarian in the state of destination. 3. No brucellosis test is required for cattle or bison originating from a Certified Brucellosis-Free Herd if If cattle or bison originate from a Certified Brucellosis-Free Herd and the herd certification number is documented on the health certificate and import permit, no brucellosis test is required. 4. If native ranch cattle are from a brucellosis Class-Free State that does not have free-ranging brucellosis infected bison or wildlife, no brucellosis test is required when as long as: a. The native ranch cattle are moved directly from the ranch of origin to an Arizona destination and the USDA metal official eartag numbers are listed on a health certificate;, or b. The native ranch cattle are from a state that has a brand inspection program approved by the State Veterinarian and the owner’s brand is listed on a brand inspection certificate or health certificate. 5. Health and brand inspection certificates issued for the movement shall be forwarded to the State Veterinarian in Ari- zona within two weeks of issue. 6. The owner or owner’s agent shall ensure that beef breeding cattle or breeding bison from Class A States remain under import quarantine and isolation until tested negative for brucellosis not earlier than 45 days nor later than 120 days after entry. Dairy cattle shall be retested only if the State Veterinarian determines that there is a potential risk of the introduction of brucellosis in the state. Exceptions to this import quarantine and brucellosis testing are provided for native ranch cattle in an adjacent Class A State and for official calfhood vaccinates less than 18 months of age if permission is granted by the State Veterinarian.: a. Shall ensure that beef breeding cattle or breeding bison from a Class A State remain under import quarantine and isolation until the cattle test negative for brucellosis. The test shall be performed no earlier than 45 days and no later than 120 days after entry. b. Shall retest dairy cattle if the State Veterinarian determines there is a potential risk of the introduction of brucellosis in the state. c. Is not required to quarantine or test for brucellosis official calfhood vaccinates less than 18 months of age, if permission is granted by the State Veterinarian. 7. The owner or owner’s agent shall notify the State Veterinarian within seven days of moving or bison under import quarantine from the destination listed on the import permit and health certificate, unless the animals are shipped directly to an official state or federal slaughter establishment for immediate slaughter, and shall notify the State Veter- inarian at the time animals under import quarantine that are not moved from the destination are retested for brucellosis.: a. Shall notify the State Veterinarian within seven days of moving cattle or bison that are under import quarantine from the destination listed on the import permit and health certificate. b. Shall notify the State Veterinarian at the time animals are retested for brucellosis, if the animals are under import quarantine and are not moved from the destination listed on the import permit and health certificate. c. Is not required to notify the State Veterinarian if the cattle or bison are shipped directly to an official state or federal slaughter establishment for immediate slaughter. 8. Beef breeding cattle, breeding bison, and dairy cattle meeting the criteria of subsections (C)(1) or (C)(2) and not meeting the criteria of subsection (C)(3) may be imported without a brucellosis test if moved to a specifically approved stockyard and tested before sale or movement from the stockyard. The owner or owner’s agent shall not commingle these cattle or bison with other cattle or bison until these cattle or bison are tested and found to be brucellosis negative. 9. Within seven days after importation, the owner or owner’s agent shall ensure that the individual metal official eartag identification for imported dairy cattle is the same as that listed on the health certificate. and The owner or the owner’s agent shall report any discrepancies between the official eartag and the health certificate to the State Veteri- narian. Any dairy cattle shipped into Arizona not documented on the health certificate shall be tested for brucellosis and tuberculosis by the receiver within one week of arrival. D. Brucellosis testing requirements for beef breeding cattle, breeding bison, and dairy cattle imported into Arizona from Mexico. 1. Before entry into Arizona, beef breeding cattle, breeding bison, or dairy cattle from Mexico shall meet the requirements of 9 CFR 92.424 through 92.427, January 1, 1996 93.424 through 93.427, January 1, 2007, edition, as amended at 60 FR 13898, 13900, March 15, 1995. This material is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Office of the Secretary of State Department of Agriculture, 1688 W. Adams St., Phoenix, AZ 85007. 2. The owner or owner’s agent shall ensure that beef breeding cattle, breeding bison, and dairy cattle from Mexico remain under import quarantine and isolation until tested negative for brucellosis. The test shall not be performed earlier than 60 days nor later than 120 days after entry into Arizona, and. The test shall be performed again on breeding cattle and breeding bison 30 days after calving, unless the animals were consigned to a designated feedlot. All cattle or bison consigned to a designated feedlot shall be branded with an “F” adjacent to the tail head before entry into Ari- November 16, 2007 Page 3963 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

zona unless permission is granted by the State Veterinarian grants permission to apply the “F” brand on arrival. Unless neutered, all beef breeding cattle, breeding bison, and dairy cattle leaving the designated feedlot shall go directly to an official state or federal slaughter establishment for immediate slaughter or to another designated feedlot. The owner of the designated feedlot shall ensure that metal official eartag identification records are kept on all incoming consignments and then submit the records monthly to the State Veterinarian. An accredited veterinarian shall identify, on a form approved by the State Veterinarian, all cattle and bison leaving the designated feedlot. A copy of the form shall accompany the cattle or bison to slaughter and a copy shall be submitted to the State Veterinarian. E. Except for the following, all female dairy cattle four months of age or older, imported into Arizona, shall be official calfhood vaccinates, properly identified, certified, and legibly tattooed: 1. Show cattle for exhibition, 2. Cattle from a Certified Brucellosis-Free Herd with permission of the State Veterinarian, 3. Cattle from a brucellosis-free state or country with permission of the State Veterinarian, 4. Cattle consigned directly to an official state or federal slaughter establishment for immediate slaughter, and 5. Cattle consigned for feeding purposes to a designated feedlot under import permit. F. When imported breeding cattle, breeding bison, or dairy cattle under import quarantine and isolation are sold at a specifically approved stockyard, the owner or owner’s agent shall, at the time of the sale, identify those cattle to the new owner as being under import quarantine. If market cattle identification testing for brucellosis is conducted at the auction, the owner or owner’s agent shall ensure that the cattle or bison are tested before the sale. The new owner shall segregate the cattle or bison and retest for brucellosis 45 to 120 days after the animals entered the state. G. Tuberculosis testing requirements for beef breeding cattle, breeding bison, and dairy cattle imported into Arizona from other states. 1. No tuberculosis test is required for: a. Beef breeding cattle, breeding bison, or dairy cattle from an accredited herd if the herd accreditation number is documented on the health certificate and import permit; b. Native commercial and purebred beef breeding cattle from an Accredited-Free State if its accredited-free status is documented on the health certificate; and c. Steers and spayed heifers. 2. Unless from an accredited herd, prescribed in subsection (G)(1), the owner or owner’s agent shall ensure that purebred beef breeding cattle from modified accredited states, breeding bison, dairy females, and bulls for breeding dairy cattle test negative for tuberculosis within 60 days before entry into Arizona. H. Tuberculosis testing requirements for cattle and bison imported into Arizona from Mexico. 1. Before entry into Arizona, cattle and bison from Mexico shall meet the requirements of 9 CFR 92.424 through 92.427 93.424 through 93.427, incorporated by reference in subsection (D)(1). 2. Steers and spayed heifers from states or regions in Mexico that shall not enter the state if they have not been determined by the State Veterinarian to have fully implemented the Control, Eradication, or Free Phase of the bovine tuberculosis eradication program of Mexico shall not enter the state. 3. Steers and spayed heifers from states or regions in Mexico determined by the State Veterinarian to have fully implemented the Control Phase of the bovine tuberculosis eradication program of Mexico shall not be imported into Ari- zona without prior permission of the State Veterinarian. 4. Steers and spayed heifers from states or regions in Mexico determined by the State Veterinarian to have fully implemented the Eradication Phase of the bovine tuberculosis eradication program of Mexico may be imported into Ari- zona, if they have either: a. Tested negative for tuberculosis in accordance with procedures equivalent to the Bovine Tuberculosis Eradica- tion - Uniform Methods and Rules within 60 days before entry into the United States, or b. Originated from a herd that is equivalent to an accredited herd in the United States and are moved directly from the herd of origin across the border as a single group and not commingled with other cattle or bison before arriving at the border. 5. Steers and spayed heifers from states or regions in Mexico determined by the State Veterinarian to have achieved the Free Phase of the bovine tuberculosis eradication program of Mexico may move directly into Arizona without testing or further restrictions if they are moved as a single group and not commingled with other cattle before arriving at the border. 6. Beef breeding cattle and breeding bison from states or regions in Mexico may be imported into Arizona if determined by the State Veterinarian determines to have fully implemented the Eradication or Free Phase of the bovine tuberculosis eradication program of Mexico has been fully implemented and the breeding cattle and breeding bison may be imported into Arizona if they remain under import quarantine and isolation until retested negative for tuberculosis in accordance with the Bovine Tuberculosis Eradication - Uniform Methods and Rules,. The test shall be performed not earlier than 60 days, nor but not later than 120 days after entry unless consigned to a designated feedlot for feeding purposes only. Unless neutered, all beef breeding cattle or breeding bison consigned to a designated feedlot shall be branded with an “F” adjacent to the tail head before entry into Arizona, unless permission is granted by the State Vet- Volume 13, Issue 46 Page 3964 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

erinarian to apply the “F” brand on arrival. All beef breeding cattle or breeding bison leaving the designated feedlot shall go directly to an official state or federal slaughter establishment for immediate slaughter or to another designated feedlot. The owner of the designated feedlot shall ensure that metal official eartag identification records are kept on all incoming consignments and submit the records monthly to the State Veterinarian. An accredited veterinarian shall identify, on a form approved by the State Veterinarian, all beef breeding cattle and breeding bison leaving the designated feedlot. A copy of the form shall accompany the cattle and bison to slaughter and a copy shall be submitted to the State Veterinarian. I. Bovine scabies requirements. 1. The owner or owner’s agent shall ensure that no cattle or bison affected with or exposed to scabies is shipped, trailed, driven, or otherwise transported or moved into Arizona except cattle or bison identified and moving under permit number and seal for immediate slaughter at an official state or federal slaughter establishment. 2. The owner or owner’s agent of cattle or bison from an official state or federal scabies quarantined area shall comply with the requirements of 9 CFR 73, Scabies in Cattle, January 1, 1996 2007, edition, as amended at 56 FR 52463, October 21, 1991, before moving the cattle or bison into Arizona. This material is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Office of the Secretary of State Department of Agriculture, 1688 W. Adams St., Phoenix, AZ 85007. 3. The State Veterinarian may require that breeding and feeding cattle and bison from known scabies infected areas and states be dipped or treated even if the animals are not known to be exposed. The State Veterinarian shall require that dairy cattle be dipped only if the animals are known to be exposed; otherwise a veterinarian’s examination and certification shall be sufficient. R3-2-614. Sheep and Goats A. The owner of a sheep or goat entering Arizona, or the owner’s agent, shall comply with the requirements of: 1. Article 6 and pay the expenses incurred to quarantine, test, and retest the sheep or goat; and 2. Animal identification prescribed in 9 CFR 79; 66 FR 43963-44003, August 21, 2001, January 1, 2007, edition. This material is incorporated by reference, does not include any later amendments or editions, and is on file with the Department and the Office of the Secretary of State Department of Agriculture, 1688 W. Adams St., Phoenix, AZ 85007. B. A breeding ram six months of age or older shall test negative for Brucella ovis within 30 days of entry or originate from a certified brucellosis-free flock. An exhibition ram that returns to the out-of-state flock of origin within five days of the conclusion of the exhibit is exempt from the testing requirement of this subsection. R3-2-616. Cats and Dogs A dog or cat shall be accompanied by a health certificate that documents the animal is currently vaccinated against rabies according to the requirements of the National Association of State Public Health Veterinarians’ Compendium of Animals Rabies Control, incorporated by reference in R3-2-408 R3-2-409. R3-2-617. Poultry The Department has no entry requirements on poultry provided the poultry are apparently appear healthy, do not originate from a poultry quarantine area, and comply with all interstate requirements of APHIS, and are accompanied by a health certificate or Form 9-3 from the National Poultry Improvement Program. R3-2-618. Psittacine Birds A. The owner or the owner’s agent of a psittacine bird entering Arizona shall obtain a health certificate issued by a veterinarian within 30 days of entry, certifying: 1. The bird is not infected with Chlamydia psittaci the agent that causes avian chlamydiosis, and 2. The bird was not exposed to birds known to be infected with avian chlamydiosis within the past 30 days. B. The health certificate shall accompany the psittacine bird at time of entry into Arizona. R3-2-620. Zoo Animals A. An owner or owner’s agent may transport or move zoo animals into the state of Arizona if the animals are accompanied by an official health certificate, and consigned to a zoo or in the charge of a circus or show, if importation produces no undue hazard to livestock or public health. B. The owner, or owner’s agent, of an animal in a “Petting Zoo” shall have the animal tested for tuberculosis within 12 months before importation. A negative test result is required for entry into Arizona. C. A business that transports or exhibits zoo animals shall be licensed by the Arizona Game and Fish Department. R3-2-621. Non-restricted Live Wildlife Cervidae The owner of non-restricted live wildlife Cervidae entering Arizona, or the owner’s agent, shall comply with the requirements in Article 6 and the following conditions: 1. Pay the expenses incurred to quarantine, test, and retest the imported non-restricted live wildlife cervids;

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2. Ensure that each non-restricted live wildlife cervid is individually identified on the health certificate by a USDA metal official eartag number; 3. Tuberculosis testing. a. Except for non-restricted live wildlife Cervidae from a tuberculosis accredited-free herd, a tuberculosis qualified herd, or a tuberculosis monitored herd, ensure that non-restricted live wildlife Cervidae are tested negative twice for tuberculosis no less than 90 days apart with the second test conducted within 90 days before the date of entry; b. Test non-restrictive live wildlife Cervidae originating from a tuberculosis qualified or monitored herd for tuberculosis once within 90 days before entry. 4. Brucellosis testing. a. Certified brucellosis-free cervid herd. No testing required. b. Brucellosis-monitored cervid herd. All sexually intact non-restricted live wildlife Cervidae six months of age or older shall be tested negative for brucellosis within 90 days before entry. c. Other cervid herds. Sexually intact non-restricted live wildlife Cervidae six months of age or older shall be tested negative for brucellosis within 30 days before entry. A retest shall be conducted within 90 days after entry.

NOTICE OF PROPOSED RULEMAKING TITLE 3. AGRICULTURE

CHAPTER 2. DEPARTMENT OF AGRICULTURE ANIMAL SERVICES DIVISION [R07-373]

PREAMBLE

1. Sections Affected Rulemaking Action R3-2-801 Amend 2. The statutory authority for the rulemaking, including both the authorizing statute (general) and the statutes the rules are implementing (specific): Authorizing statutes: A.R.S. §§ 3-107(A)(1), 3-603 Implementing statutes: A.R.S. §§ 3-601.01, 3-603, 3-605, 3-606, 3-611, 3-625, 3-663 3. A list of all previous notices appearing in the Register addressing the proposed rule: Notice of Rulemaking Docket Opening: 13 A.A.R. 4044, November 16, 2007 (in this issue) 4. The name and address of agency personnel with whom persons may communicate regarding the rulemaking: Name: Carlos Ramírez, Rules Analyst Address: Department of Agriculture 1688 W. Adams Phoenix, AZ 85007 Telephone: (602) 542-0962 Fax: (602) 542-5420 E-mail: [email protected] 5. An explanation of the rule, including the agency’s reasons for initiating the rules: The Department of Agriculture is proposing to amend its definitions relating to dairy and dairy products control rules following a five-year review. Under this rulemaking, the Department will update citations to materials that are incorporated by reference and otherwise bring the rule into compliance with current APA standards. 6. A reference to any study that the agency proposes to rely on in its evaluation of or justification for the proposed rule and where the public may obtain or review the study, all data underlying each study, any analysis of the study and other supporting material: None

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7. A showing of good cause why the rule is necessary to promote a statewide interest if the rule will diminish a previous grant of authority of a political subdivision of this state: Not applicable 8. The summary of the economic, small business, and consumer impact: The proposed rulemaking will not create a significant economic impact to the Department, other political subdivisions, businesses, or to state revenues. The Department holds that the benefits of the proposed rulemaking outweigh any costs and that there are no alternative methods of achieving the objective of the proposed rulemaking. 9. The name and address of agency personnel with whom persons may communicate regarding the accuracy of the economic, small business, and consumer impact statement: Name: Carlos Ramírez, Rules Analyst Address: Department of Agriculture 1688 W. Adams Phoenix, AZ 85007 Telephone: (602) 542-0962 Fax: (602) 542-5420 E-mail: [email protected] 10. The time, place, and nature of the proceedings for the making, amendment, or repeal of the rules, or if no proceeding is scheduled, where, when, and how persons may request an oral proceeding on the proposed rules: An oral proceeding is not scheduled for these proposed rules. To request an oral proceeding or to submit comments, please contact the Rules Analyst listed in item 4 between the hours of 8:00 a.m. and 4:30 p.m., Monday through Fri- day, except Arizona legal holidays. If a request for an oral proceeding is not made, the public record in this rulemaking will close at 4:30 p.m. 30 days after the proposed rulemaking is published in the Arizona Administrative Register. 11. Any other matters prescribed by statute that are applicable to the specific agency or to any specific rule or class of rules: None 12. Incorporations by reference and their location in the rules: Under the definition for “PMO,” the rule incorporates the 2003 revision of the Grade “A” Pasteurized Milk Ordi- nance, made in 1978 by the US Public Health Service/Food and Drug Administration. This reference will be amended to refer instead to the more up-to-date 2007 edition. Under the proposed rulemaking the Department will also delete the reference to the USDA web site, because that agency will not be able to post it in a timely manner. 13. The full text of the rule follows:

TITLE 3. AGRICULTURE

CHAPTER 2. DEPARTMENT OF AGRICULTURE ANIMAL SERVICES DIVISION

ARTICLE 8. DAIRY AND DAIRY PRODUCTS CONTROL Section R3-2-801. Definitions ARTICLE 8. DAIRY AND DAIRY PRODUCTS CONTROL R3-2-801. Definitions In addition to the definitions in A.R.S. §§ 3-601 and 3-661, the following terms apply to this Article: “3-A Sanitary Standards” and “3-A Accepted Practices,” as published by the International Association for Food Pro- tection, amended May 31, 2002, means the criteria for cleanability of dairy processing equipment. This material is incorporated by reference, does not include any later amendments or editions, and is on file with the Department and the USDA web site: http://www.cfsan.fda.gov/~ear/pmo03toc.html. “C-I-P” means a procedure by which equipment, pipelines, and other facilities are cleaned-in-place as prescribed in the 3-A Accepted Practices. “Converted” means the process by which a frozen dessert is changed from a frozen to semi-frozen form without any change in the ingredients. “Fluid trade product” means any trade product as defined in A.R.S. § 3-661(5) that resembles or imitates milk, lowfat

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milk, chocolate milk, half and half, or cream. “Food establishment” means any establishment, except a private residence, that prepares or serves food for human consumption, regardless of whether the food is consumed on the premises. “Frozen desserts mix” or “mix” means any frozen dessert before being frozen. “Grade A raw milk” means raw milk produced on a dairy farm that conforms to Section 7 of the PMO and the requirements of R3-2-805. “Parlor” and “milk room” mean the facilities used for the production of Grade A raw milk for pasteurization. “Plant” means any place, premise, or establishment, or any part, including specific areas in retail stores, stands, hotels, restaurants, and other establishments where frozen desserts are manufactured, processed, assembled, stored, frozen, or converted for distribution or sale, or both. A plant may consist of rooms or space where utensils or equipment is stored, washed, or sanitized and where ingredients used in manufacturing frozen desserts are stored. Plant includes: “Manufacturing plant” means a location where frozen desserts are manufactured, processed, pasteurized, and converted. “Handling plant” means a location that is not equipped or used to manufacture, process, pasteurize, or convert frozen desserts, but where frozen desserts are sold or offered for sale other than at retail. “Plate line” means a horizontal structural member, such as a timber, that provides the bearing and anchorage for the trusses of a roof or the rafters. “PMO” means the Grade A Pasteurized Milk Ordinance - 1978 Recommendations of the United States Public Health Service/Food and Drug Administration, 2003 2007 Revision. This material is incorporated by reference, does not include any later amendments or editions, and is on file with the Department and the USDA web site: http:// www.cfsan.fda.gov/~ear/pmo03toc.html. “Retail food store” means any establishment offering packaged or bulk goods for human consumption for retail sale.

NOTICE OF PROPOSED RULEMAKING

TITLE 3. AGRICULTURE

CHAPTER 2. DEPARTMENT OF AGRICULTURE ANIMAL SERVICES DIVISION [R07-371]

PREAMBLE

1. Sections Affected Rulemaking Action R3-2-902 Amend 2. The statutory authority for the rulemaking, including both the authorizing statute (general) and the statutes the rules are implementing (specific): Authorizing statutes: A.R.S. §§ 3-107(A)(1), 3-710(F) Implementing statutes: A.R.S. §§ 3-705, 3-706, 3-707, 3-708, 3-710(F), 3-712, 3-716, 3-725, 3-726, 3-737, and 3-739 3. A list of all previous notices appearing in the Register addressing the proposed rule: Notice of Rulemaking Docket Opening: 13 A.A.R. 4044, November 16, 2007 (in this issue) 4. The name and address of agency personnel with whom persons may communicate regarding the rulemaking: Name: Carlos Ramírez, Rules Analyst Address: Department of Agriculture 1688 W. Adams Phoenix, AZ 85007 Telephone: (602) 542-0962 Fax: (602) 542-5420 E-mail: [email protected]

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5. An explanation of the rule, including the agency’s reasons for initiating the rules: The Department of Agriculture is proposing to amend R3-2-902, dealing with standards, grades and weight classes for shell eggs, following a five-year review. Under this rulemaking, the Department will update citations to materials that are incorporated by reference and otherwise bring the rule into compliance with current APA standards. 6. A reference to any study that the agency proposes to rely on in its evaluation of or justification for the proposed rule and where the public may obtain or review the study, all data underlying each study, any analysis of the study and other supporting material: None 7. A showing of good cause why the rule is necessary to promote a statewide interest if the rule will diminish a previous grant of authority of a political subdivision of this state: Not applicable 8. The summary of the economic, small business, and consumer impact: The proposed rulemaking will not create a significant economic impact to the Department, other political subdivisions, businesses, or to state revenues. The Department holds that the benefits of the proposed rulemaking outweigh any costs and that there are no alternative methods of achieving the objective of the proposed rulemaking. 9. The name and address of agency personnel with whom persons may communicate regarding the accuracy of the economic, small business, and consumer impact statement: Name: Carlos Ramírez, Rules Analyst Address: Department of Agriculture 1688 W. Adams Phoenix, AZ 85007 Telephone: (602) 542-0962 Fax: (602) 542-5420 E-mail: [email protected] 10. The time, place, and nature of the proceedings for the making, amendment, or repeal of the rules, or if no proceeding is scheduled, where, when, and how persons may request an oral proceeding on the proposed rules: An oral proceeding is not scheduled for these proposed rules. To request an oral proceeding or to submit comments, please contact the Rules Analyst listed in item 4 between the hours of 8:00 a.m. and 4:30 p.m., Monday through Fri- day, except Arizona legal holidays. If a request for an oral proceeding is not made, the public record in this rulemaking will close at 4:30 p.m. 30 days after the notice is published in the Arizona Administrative Register. 11. Any other matters prescribed by statute that are applicable to the specific agency or to any specific rule or class of rules: None 12. Incorporations by reference and their location in the rules: The rule incorporates by reference AMS 56.200 et seq., or all rules listed following. The rules are more accurately listed under AMS 56 by the Agricultural Marketing Service, United States Department of Agriculture. 13. The full text of the rule follows:

TITLE 3. AGRICULTURE

CHAPTER 2. DEPARTMENT OF AGRICULTURE ANIMAL SERVICES DIVISION

ARTICLE 9. EGG AND EGG PRODUCTS CONTROL Section R3-2-902. Standards, Grades and Weight Classes for Shell Eggs ARTICLE 9. EGG AND EGG PRODUCTS CONTROL R3-2-902. Standards, Grades and Weight Classes for Shell Eggs All standards, grades, and weight classes for shell eggs shall be as prescribed in AMS 56.200 et seq., effective July 20, 2000. This material is incorporated by reference, does not include any later amendments or editions, and is on file with the Depart- ment and the Office of the Secretary of State. “AMS” means Agricultural Marketing Service, United States Department of Agriculture.

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NOTICE OF PROPOSED RULEMAKING

TITLE 3. AGRICULTURE

CHAPTER 3. DEPARTMENT OF AGRICULTURE ENVIRONMENTAL SERVICES DIVISION [R07-369]

PREAMBLE

1. Sections Affected Rulemaking Action Table 1 Amend R3-3-1101 Amend R3-3-1102 Amend R3-3-1103 Amend R3-3-1104 Amend R3-3-1105 Amend R3-3-1106 Amend R3-3-1107 Amend R3-3-1108 Amend R3-3-1109 Amend R3-3-1110 Amend R3-3-1111 Repeal Appendix A. Amend 2. The statutory authority for the rulemaking, including both the authorizing statute (general) and the statutes the rules are implementing (specific): Authorizing statute: A.R.S. §§ 3-107(A)(1), 41-1073 Implementing statutes: A.R.S. §§ 3-903(B), 3-904(C), 3-905(C), 3-906(D), 3-908(E), 3-910(B), 3-911(C), 3-912 3. A list of all previous notices appearing in the Register addressing the proposed rule: Notice of Rulemaking Docket Opening: 13 A.A.R. 4045, November 16, 2007 (in this issue) 4. The name and address of agency personnel with whom persons may communicate regarding the rulemaking: Name: Carlos Ramírez, Rules Analyst Address: Department of Agriculture 1688 W. Adams Phoenix, AZ 85007 Telephone: (602) 542-0962 Fax: (602) 542-5420 E-mail: [email protected] 5. An explanation of the rule, including the agency’s reasons for initiating the rules: The proposed rulemaking clarifies requirements under Native Plant provisions of the Environmental Services Divi- sion. It updates scientific names, definitions and makes the rules in-line with today’s current practices. The legislature annually appropriates funding for this program from the Native Plant fund which is categorized as an “other” appropriated fund. Although the appropriation amount has not increased, the amount of money in this fund has dropped significantly to the point of having to make precision payments of expenses to coincide with when adequate deposits have been made. This rulemaking slightly increases the fees. In addition, the rulemaking simplifies and clarifies the permitting process. This allows for the movement of smaller plants which routinely would be bulldozed over, to save them from destruction. The time-frames associated with permitting have also been changed to be consistent between types of permits. In most cases these times have been reduced, which reflects the current practice of the Department staff responding quickly to permit requests. Although the Department is not amending R3-3-102, under A.R.S. § 41-1013(D) the Department is including it in this notice to make the proposed amendments to Table 1 properly understood. Furthermore, non-commercial native plant permits have been defined, which should also help to conserve the number of native plants. A simplified process has been introduced with this rulemaking for situations where a person may want to donate protected native plants.

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The language has also been updated to conform to rulemaking format and style requirements of the Council and the Office of the Secretary of State. 6. A reference to any study that the agency proposes to rely on in its evaluation of or justification for the proposed rule and where the public may obtain or review the study, all data underlying each study, any analysis of the study and other supporting material: None 7. A showing of good cause why the rules are necessary to promote a statewide interest if the rules will diminish a previous grant of authority of a political subdivision of this state: Not applicable 8. The preliminary summary of the economic, small business, and consumer impact: A. The Arizona Department of Agriculture. The Department will incur modest expenses related to training staff and educating the regulated community on the amendment. B. Political Subdivision. Other than the Department, no political subdivision is affected by this rulemaking. C. Businesses Directly Affected By the Rulemaking. The regulated community will incur a slight increase in fees. Additionally, native plant licensees will need to become aware of the recodification and subsequent movement of the related licensing time-frames from the Plant Services Division to the Environmental Services Division. 9. The name and address of agency personnel with whom persons may communicate regarding the accuracy of the economic, small business, and consumer impact statement: Name: Carlos Ramírez, Rules Analyst Address: Department of Agriculture 1688 W. Adams Phoenix, AZ 85007 Telephone: (602) 542-0962 Fax: (602) 542-5420 E-mail: [email protected] 10. The time, place, and nature of the proceedings for the making, amendment, or repeal of the rules, or if no proceeding is scheduled, where, when, and how persons may request an oral proceeding on the proposed rules: An oral proceeding is not scheduled for this proposed rulemaking. To request an oral proceeding or to submit comments, please contact the rules analyst listed in item 4 between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, except legal holidays. If a request for an oral proceeding is not made, the public record in this rulemaking will close at 4:30 p.m. 30 days after the proposed rulemaking is published in the Arizona Administrative Register. 11. Any other matters prescribed by statute that are applicable to the specific agency or to any specific rule or class of rules: None 12. Incorporations by reference and their location in the rules: None 13. The full text of the rules follows:

TITLE 3. AGRICULTURE

CHAPTER 3. DEPARTMENT OF AGRICULTURE ENVIRONMENTAL SERVICES DIVISION

ARTICLE 1. GENERAL PROVISIONS Section Table 1. Time-frames (Calendar Days)

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ARTICLE 11. ARIZONA NATIVE PLANTS Section R3-3-1101. Definitions R3-3-1102. Protected Native Plant Destruction by a Private Landowner R3-3-1103. Disposal and Salvage of Protected Native Plants by a State Agency R3-3-1104. Protected Native Plant Permits; Tags; Seals; Fees R3-3-1105. Scientific Permits; Noncommercial Native Plant Permits R3-3-1106. Protected Native Pant Surveys; Survey Fee R3-3-1107. Movement Permit Permits; Tags, Metal Seals, and Cord Use R3-3-1108. Recordkeeping; Salvage Assessed and Harvest Restricted Native Plants R3-3-1109. Arizona Native Plant Law Education R3-3-1110. Permit Denial, Revocation, and Suspension R3-3-1111. Confiscation of Plants, Plant Parts, Wood, Fiber, or Artifacts as Evidence Appendix A. Protected Native Plants By Categories Category ARTICLE 1. GENERAL PROVISIONS R3-3-102. Licensing Time-frames A. Overall time-frame. The Department shall issue or deny a license within the overall time-frames listed in Table 1 after receipt of the complete application. The overall time-frame is the total of the number of days provided for the administrative completeness review and the substantive review. B. Administrative completeness review. 1. The administrative completeness review time-frame established in Table 1 begins on the date the Department receives the application. The Department shall notify the applicant in writing within the administrative completeness review time-frame whether the application or request is incomplete. The notice shall specify what information is missing. If the Department does not provide notice to the applicant within the administrative completeness review time-frame, the Department considers the application complete. 2. An applicant with an incomplete license application shall supply the missing information within the completion request period established in Table 1. The administrative completeness review time-frame is suspended from the date the Department mails the notice of missing information to the applicant until the date the Department receives the information. 3. If the applicant fails to submit the missing information before the expiration of the completion request period, the Department shall close the file, unless the applicant requests an extension. An applicant whose file has been closed may obtain a license by submitting a new application. C. Substantive review. The substantive review time-frame established in Table 1 shall begin after the application is adminis- tratively complete. 1. If the Department makes a comprehensive written request for additional information, the applicant shall submit the additional information identified by the request within the additional information period provided in Table 1. The substantive review time-frame is suspended from the date of the Department request until the information is received by the Department. If the applicant fails to provide the information identified in the written request within the additional information period, the Department shall deny the license. 2. The Department shall issue a written notice granting or denying a license within the substantive review time-frame. If the application is denied, the Department shall send the applicant written notice explaining the reason for the denial with citations to supporting statutes or rules, the applicant’s right to seek a fair hearing, and the time period in which the applicant may appeal the denial. Table 1. Time-frames (Calendar Days)

Administrative Response to Substantive Response to Overall License Authority Completeness Completion Completeness Additional Time- Review Request Review Information frame Regulated Grower A.R.S. § 3-363 14 14 56 14 70 Permit Seller Permit A.R.S. § 3-363 14 14 56 14 70 Agricultural Aircraft A.R.S. § 3-363 14 14 56 14 70 Pilot License Custom Applicator A.R.S. § 3-363 14 14 63 14 77 License

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Application Equipment A.R.S. § 3-363 14 14 56 14 70 Tag Agricultural Pest Control Advisor (PCA) A.R.S. § 3-363 14 14 63 14 77 License Commercial Applicator A.R.S. § 3-363 14 14 63 14 77 Certification Private Applicator A.R.S. § 3-363 14 14 63 14 77 Certification Private Fumigation A.R.S. § 3-363 14 14 63 14 77 Certification Experimental Use A.R.S. § 3-350.01 14 14 28 14 42 Permit Pesticide Registration A.R.S. § 3-351 14 14 91 14 105 License to Manufacture or Distribute Commer- A.R.S. § 3-2609 14 14 42 14 56 cial Feed Commercial Fertilizer 14 14 42 14 56 License A.R.S. § 3-272 Specialty Fertilizer 14 14 56 14 70 Registration Agricultural Safety A.R.S. § 3-3125 28 14 28 14 56 Trainer Certification ARIZONA NATIVE PLANTS Notice of Intent Confir- A.R.S. § 3-904 7 14 14 7 14 14 14 28 mation Notice of Intent • Salvage Assessed 5 14 14 5 14 14 10 28 Native Plant Permits • Salvage Restricted A.R.S. § 3-906 5 14 14 5 14 14 10 28 Native Plant Permits • Scientific Permits 14 14 14 14 28 Movement Permits A.R.S. § 3-906 5 14 14 5 14 14 10 28 Annual Permits for Harvest-Restricted A.R.S. § 3-907 5 14 14 5 14 14 10 28 Native Plants ARTICLE 11. ARIZONA NATIVE PLANTS R3-3-1101. Definitions In addition to the definitions provided in A.R.S. § 3-901, the following terms apply to this Article: “Agent” means a person authorized to manage, represent, and act for a landowner. “Certificate of inspection for interstate shipments” means a certificate to transport protected native plants out of the state. “Conservation” means to prevent exploitation, destruction or neglect of native plants while helping to ensure contin- ued public use through donation. 2. “Cord” means a specific type string or small rope issued by the Department for attaching tags and seals to protected native plants. “Cord of wood” means a measurement of firewood equal to 128 cubic feet. “Department” means the Arizona Department of Agriculture. 3. “Destroy” means to cause the death of any protected native plant. “Harvest restricted permit” means a permit is required to remove a native plant or the by-product, fiber, or woody part from a plant listed in Appendix A, subsection (D). “Highly safeguarded permit” means commercial collection is not allowed for those native plants listed in Appendix

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A, subsection (A). 4. “Landowner” means a person who holds title to a parcel of land. “Noncommercial Native Plant permit” means a permit is required to allow the removal of a highly safeguarded native plant. 5. “Original growing site” means a place where a plant is growing wild and is rooted to the ground or any property owned by the same landowner where a protected native plant is relocated or transplanted without an original transportation permit. 6. “Permittee” means any person who is issued a valid permit by the Department for removing and transporting protected native plants. 7. “Pincushion” means any coryphantha or mammillaria Coryphantha spp. or Mammillaria spp. cactus and for purposes of assessing tag fees in R3-3-1104(D)(E) includes any protected plant 8” inches in height or less. 8. “Protected native plant” means any living plant or plant part listed in Appendix A and growing wild in Arizona. “Protected native non-saguaro plant tag” means a tag issued by the Department to identify the lawful removal of a protected native plant other than a saguaro cactus from its original growing site. 12. “White Saguaro tag” means a white tag issued by the Department to identify any a saguaro cactus being lawfully moved from its original growing site. “Salvage assessed permit” means a permit is required to remove a native plant listed in Appendix A, subsection (C). “Salvage restricted permit” means a permit is required to remove a native plant listed in Appendix A, subsection (B). 9. “Scientific collection permit” means a permit is required to remove a native plant for a controlled experimental project of protected native plants conducted by a qualified individuals person. 10. “Securely affixed tied” means to fasten in a tight and secure manner to prevent the removal of tags, seals, or cord. for reuse. “Small Native Plant” means any protected plant 8 inches in height or less for purposes of assessing tag fees in R3-3- 1104 (E). 11. “Survey” means the process by which a parcel of land is examined for the presence of protected native plants. a. A simple survey determines only whether protected native plants are present. b. A complete survey establishes the kind and number of each species present. 13. “Yellow tag” means a yellow tag issued by the Department to identify any protected native plant, except a saguaro cactus, being moved from its original growing site. “Wood receipt” means a receipt issued by the Department to identify the lawful removal of a protected native plant harvested for fuel, being removed from its original growing site. R3-3-1102. Protected Native Plant Destruction by a Private Landowner A. Department notification Notice of intent. 1. Before any a protected native plant is destroyed, the private landowner shall submit provide the following information to the Department on a Notice of Intent form obtained from the Department: a. The name Name, address, and telephone number of the landowner; b. The name Name, address, and telephone number of the landowner’s agent, if the landowner is not a resident of this state or is otherwise unavailable applicable; c. The most recent tax parcel Parcel identification number, or other a current tax assessment, or other valid document indicating land ownership; d. A legal Legal description, assessor’s parcel number, map, address, or other description of the area, including the number of acres to be cleared, in which the protected native plants subject to the destruction are located; e. The earliest Earliest date of the plant destruction; and f. The landowner’s intentions Landowner’s intent for the disposal or salvage of protected native plants on the private land. 2. A landowner who will intending to destroy protected native plants over on an area of less than one acre may orally submit the information required in subsection (A)(1) to the Department verbally. B. A landowner shall not destroy any a protected native plants plant until: 1. a Receiving written confirmation notice is received from the Department, and 2. the time prescribed under A.R.S. § 3-904(A) (3) has elapsed. Notice is given to the Department in compliance with the following minimum time periods: a. Twenty days before the plants are destroyed over an area of less than one acre. b. Thirty days before the plants are destroyed over an area of one acre or more but less than 10 acres. c. Forty-five days before the plants are destroyed over an area of 10 acres or more but less than 40 acres.

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d. Sixty days before the plants are destroyed over an area of 40 acres or more. C. Any The Department shall provide a salvage operator or other interested person may obtain with notice of protected native plant destruction notice information land clearing notification opportunities by providing that upon receipt of the person’s name, address, and telephone number, and payment of an annual non-refundable $25.00 nonrefundable $25 fee. R3-3-1103. Disposal and Salvage of Protected Native Plants by a State Agency A state agency intending to remove or destroy protected native plants shall notify the Department, under A.R.S. § 3-905, and may dispose of protected native plants using any of the following methods: shall propose a method of disposal from the following list: 1. The plants may be sold at a public auction; 2. The plants may be relocated or transported to a different location on the same property or to another property owned by the state, without obtaining a permit; 3. The state agency may obtain permits for removal of the plants for revegetation projects; 3.4. The plants may be donated to scientific, educational, and charitable institutions; nonprofit organizations as provided in A.R.S. § 3-916; 4.5. The plants may be donated to other another state agencies agency or political subdivisions subdivision, without obtaining a permit; or 5.6. The plants may be salvaged or harvested by the a member of the general public or a commercial dealers. dealer, if the person holds a permit as provided under A.R.S. §§ 3-906 or 3-907; and 6. If the plants are highly safeguarded, they shall first be made available to the holder of a scientific permit or a noncommercial salvage permit. R3-3-1104. Protected Native Plant Permits; Tags; Seals; Fees A. A person shall not collect, transport, possess, sell, offer for sale, dispose, or salvage protected native plants unless that person is 18 years of age or older and holds a possesses an appropriate permit. B. A permit An applicant shall submit the following information to the Department on a form obtained from the Department, as, if applicable: 1. The name Name, business name, address, telephone number, social security Social Security number or tax identification number, and signature of the applicant; 2. The name Name and number of plants to be removed; 3. The purpose Purpose of the plant removal; 4. Whether the applicant has a conviction of a state or federal statute regarding the protection of native plants within the previous five years; 5. Except for salvage assessed native plants; a. The name, Name, address, telephone number, and signature of the landowner; b. The location Location of the permitted site and size of acreage; c. The destination Destination address where the plants will be transplanted; d. The legal Legal and physical description of the location of the original growing site; and e. The more recent tax parcel Parcel identification number available for the permitted site, or other tax assessment documents indicating proving land ownership. C. Saguaro tags identify any saguaro cactus that will be moved from locations that are not original growing sites. 1. Any person moving a saguaro cactus above four feet previously transplanted from its original growing site in Arizona and transplanting it to another location shall apply to the Department for a permit. 2. The landowner from where the saguaro cactus is being moved shall provide the information in Subpart B on the permit application. 3. Subpart C does not apply if the applicant maintains a record of the original transportation permit or is able to verify the original movement with the Department. C.D. Permit fees. 1. Any A person removing and transporting protected native plants shall submit the following applicable fee to the Department with the permit application: a. Salvage assessed native plant permit, annual use, $25.00 $35; b. Harvest restricted native plant permit, annual use, $25.00 $35; c. All other native plant permits, one-time use, $5.00 $7; d. Certificate of inspection for interstate shipments, $15. 2. Exemptions. The following protected native plants are exempt from fees if: a. The protected native plants intended for personal use by a landowner are taken from one piece of land owned by the landowner to another piece of land also owned by the landowner, remain on the property of the landowner, and are not sold or offered for sale; b. The protected native plants are collected for scientific purposes; or

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c. A landowner donates the protected native plant to a scientific, educational, or charitable institution. D.E. Tag fees. 1. Any person obtaining a white saguaro tag or yellow other protected native plant tag shall submit the following applicable fee to the Department at the time the a tag is obtained: a. Saguaro, $6.00 $8 per plant; b. Trees cut for firewood and listed in the harvest restricted category, $4.00 $6 per cord of wood; c. Pincushion, Small native plant, $.50 per plant; d. All Any other protected native plants plant referenced in A.R.S. § 3-903(B) and (C) and listed in Appendix A, $4.00 $6 per plant. 2. Harvested restricted native plants, of nolina and or yucca parts is $4.00 $6 per ton. Payment shall be made to the Department in the following manner: a. Unprocessed nolina or yucca fiber shall be weighed on a state-certified bonded scale; and b. The harvester shall submit payment and weight certificates to the Department no later than the 10th day of the month following each harvest. E.F. Seal fees. A person obtaining a seal shall submit a $.15 per plant fee to the Department at the time a seal is obtained. G. Salvage assessed permits and plant tags are valid for the calendar year in which they are issued. The tags expire at the end of the calendar year unless the permit is renewed. R3-3-1105. Scientific Permits; Noncommercial Native Plant Permits A. Scientific Permit 1. A person shall not collect any highly safeguarded or other protected native plants for a research projects project unless that person holds a scientific permit. B.2. A permit An applicant shall submit the following information to the Department: on a form obtained from the Department: 1.a. The name, Name, address, and telephone number of the company or research facility applying for the permit; 2.b. The name Name, and title and experience of the person conducting the research project; 3.c. The purpose Purpose and intent of the research project; 4. The results of the research, whether the results will be published, and the media used to publish the results; 5.d. The controls Controls to be used; 6.e. The variables Variables considered; 7.f. The length of time Time-frame for the project will take; 8.g. The expected Anticipated results and projected publication media; 9.h. Reports The type of reports and recordkeeping used to monitor the project; 10.i. Project funding source; The type of funding that will be used; 11.j. Funding The funding of the company or research facility; 12.k. Written authorization from the landowner The written approval for collection of the plants from the legal owner; 13.l. Date The date of the application; and 14.m. Signed affirmation by the applicant The signature of the person authorized on behalf of the company or research facility affirming that the plants collected will not be sold or used for personal interests.; and n. Tax-ID Number or Social Security number if applicant is an individual. C.3.Scientific research permits A scientific permit shall be issued if all of the following conditions are met: 1.a. The native plant removal site is restored to a natural appearance and the site restoration is approved by the site owner; A plan is presented to the Department, pre-approved by the landowner, to restore the removal site to a natural appearance; 2.b. The removal and movement of the native plants are shall be accomplished by a person equipped and experienced in native plant removal and transplantation; 3.c. The native plants used in the project are shall remain accessible to the scientific community and state and local regulatory agencies Department; 4.d. The ecology of the project site is beneficial to the growth of the specific plants in the project if practical; 5.e. Arrangements are made exist for a suitable permanent planting site for the surviving plants after the project’s completion; and 6.f. Security is provided at the project site to prevent the destruction or theft of native plants used in the research. Description of plant disposition and research conclusion; D.4. A Scientific permits are scientific permit is valid for the calendar year in which they are it is issued. B. Noncommercial native plant permit: 1. Highly safeguarded native plants may only be collected for conservation by a person holding a noncommercial salvage permit. 2. An applicant shall submit the following information to the Department, on a form obtained from the Department:

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a. Name, address, and telephone number of the applicant applying for the permit; b. Proposed relocation site for the plants; c. Written authorization from the landowner for collection of the plants; d. Date of the application; and e. Signed affirmation by the applicant that the plants collected will not be sold or used for personal interests. 3. A noncommercial salvage permit shall be issued if all of the following conditions are met through provided documentation to the Department: a. The native plants used in the project shall be accessible to the Department after transplant; b. The relocation site is beneficial to the growth of the specific plants in the project; and 4. A noncommercial salvage permit is valid only for the transportation and the transplantation of the particular native plant. R3-3-1106. Protected Native Pant Surveys; Survey Fee A. Except for permits issued for salvage assessed native plants, any person harvesting protected native plants shall conduct a survey and provide a written report to the Director of the plant survey results before a permit is issued. B. The landowner, permittee, or agent may conduct the survey or request that the survey be conducted by the Department. 1. If the landowner, permittee, or agent conducts the survey, the following information shall be completed on a survey form furnished by the Department: a. The name, address, telephone number, and signature of the landowner, permittee, or agent performing the survey; b. The date the survey is performed; c. The survey results including the names and numbers of plants. 2.A. At the request of any person, If the Department may conducts the conduct a native plant survey., the survey shall be completed within 20 working days. Upon completion, the Department shall notify the landowner, permittee applicant, or agent of: a.1. The date the survey was performed; b.2. The amount of the survey fee payable to the Department; c.3. The name of Department personnel performing the survey; d.4. Upon payment, the The survey results including the names and numbers of protected native plants. C.B. The following fees for a Department-conducted survey shall be paid to the Department within 30 days from the date of the notification.; 1. Simple survey, no fee; or 2. Complete survey, includes time and travel, as prescribed under A.R.S. §§ 38-611(B) 38-611(A) and 38-623(C) and (D). R3-3-1107. Movement Permit Permits; Tags, Metal Seals, and Cord Use A. Any person moving a protected native plant, except a saguaro cactus, previously transplanted from its original growing site in Arizona and transplanting it to another location shall may apply to the Department for a Movement Permit. The landowner from where the plant is being moved shall provide the following information on the permit application: 1. The name, telephone number, and signature of the landowner; 2. The location of the plant; 3. The name, address, and telephone number of the receiver; 4. The name, address, and telephone number of the carrier; 5. The number, species, and description of the plant being removed; 6. The tax parcel identification number; and 7. The date of the application. B. Any person moving a saguaro cactus above four feet previously transplanted from its original growing site in Arizona and transplanting it to another location shall apply to the Department for a Movement Permit. The landowner from where the saguaro cactus is being moved shall provide the following information on the permit application, unless the applicant maintains a record of the original permit or is able to verify the original movement with the Department. 1. The name, telephone number, and signature of the landowner; 2. The address where the saguaro cactus is located; 3. The name, address, and telephone number of the receiver; 4. The name, address, and telephone number of the carrier; 5. The number, species, and description of the plant being removed; 6. The tax parcel identification number of the property where the saguaro cactus is being moved; and 7. The date of the application. B.C. Movement of protected native plants obtained outside Arizona. 1. Any person moving a protected native plant obtained outside Arizona and transporting and planting it within the state

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shall declare the protected native plant at the agricultural inspection station nearest the port of entry. The Department shall place the protected native plant under “Warning Hold” to the nearest district permitting office. 2. If no an agricultural station is not in operation at the port of entry, the person shall declare the protected native plant at the nearest district permitting office during normal office hours. 3. After the plants have been declared, the district permitting office shall issue a Movement Permit and a green seal. C.D. Any person moving protected native plants shall obtain, at cost, the following metal seals from the Department and securely attach the appropriate seal to each protected native plant: 1. Blue Protected native plant seals identify protected native plants, except saguaro cacti, that will be moved from locations that are not the original growing sites. 2. White seals identify the protected saguaro cactus. 3.2. Green Imported seals identify all imported protected native plants. 4. Yellow seals identify all protected native plants, except imported protected native plants and the protected saguaro cactus. D.E. Tag, metal seal, and cord attachment. 1. A tag shall be attached A permittee shall attach a tag to each protected native plant taken from its original growing site, using cord provided by the Department, before being transported transport. No other type of rope, string, twine, or wire is allowed. 2. The cord shall be securely affixed tied around the plant, and knotted with the tag attached so that it cannot be removed without breaking the seal or cutting the cord. 3. The tag shall be placed directly over the knot and the ends pressed firmly together sealing the knot so that it cannot be removed for reuse. 3.4. The metal protected native plant seal shall be placed directly over the knot and snapped firmly closed, sealing the knot. 5. The imported seal shall be attached directly to the plant. 4.6. Upon loading the plant, every effort shall be made to make allow visibility of the tag visible during transporting transport. R3-3-1108. Recordkeeping; Salvage Assessed and Harvest Restricted Native Plants A. Harvest restricted native plants. 1. Unprocessed nolina and yucca fiber shall be weighed at a state-certified bonded scale; 2. The harvester shall submit payment and weigh certificates to the Department no later than the 10th day of the month following each harvest. B. Recordkeeping. 1.A.Salvage Assessed Native Plants. a.1. A permittee shall maintain a record of each protected native plant removed under an annual permit for two years from the date of each transaction and allow Department inspection of the records during normal business hours. The transaction record shall include the date salvage restricted protected native plants were removed, and the permit and tag numbers. b.2. Annually, by Before January 31, the a permittee shall submit to the Department a copy of each transaction record for the prior calendar year. 2.B. Harvest Restricted Native Plants. No later than the 10th day of each month, a A permittee shall submit to the Department by the 10th day of each month the transaction records for transactions that took place the previous month, or a written statement that no transaction was conducted for that month. R3-3-1109. Arizona Native Plant Law Education A. Seminars The Department may schedule seminars and training courses shall be scheduled on an as-needed basis. B. In addition to the following fees, charges for printed materials or pamphlets shall be assessed based upon the document printing and mailing costs: 1. Any A person attending a seminar or training course in on Arizona native plant law shall pay a nonrefundable fee of $5.00 $10 to the Department before attending the class. 2. Any A person convicted of violating the Arizona native plant statutes or rules laws and ordered by a court to attend a native plant law educational class shall pay a nonrefundable fee of $15.00 $25 to the Department before attending the class. The Department shall provide written confirmation of satisfactory completion to a person ordered by a court to attend a class. 3. Schools, law enforcement agencies, and government entities are exempt from seminar and training course fees. C. The Department shall provide written confirmation of satisfactory completion to any person ordered by a court to attend the class. R3-3-1110. Permit Denial, Revocation, and Suspension A. In addition to the prohibited acts listed in A.R.S. § 3-908(A), the Director may deny, revoke, or suspend a permit for any

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of the following: 1. A violation of 3 A.R.S. 7; 3 A.A.C. 3, Article 11; or any federal native plant law; 2. Misuse of a permit, tag, or metal seal; 3. Failure of an applicant or permittee to submit a complete and accurate permit application or a transaction report; and 4. Failure to allow the Department to inspect transaction records. B. Upon notice of denial of a permit, an The applicant or permittee may request, in writing, that the Department provide an administrative hearing under 41 A.R.S. Title 41, Chapter 6, Article 10, to appeal any the denial, revocation, or suspension of a permit. R3-3-1111. Confiscation of Plants, Plant Parts, Wood, Fiber, or Artifacts as Evidence A. Following any determination by a court or the Department that a native plant law has been violated, all protected native plants, plant parts, wood, fiber, or artifacts confiscated and held as evidence shall become the property of the state, unless the court or the Department orders otherwise. B. All confiscated evidence that becomes the property of the state shall be disposed of by the Department. Appendix A. Protected Native Plants By Categories Category A. Highly Safeguarded Protected Native Plants. The following list includes those species of native plants and parts of plants, including the seeds and fruit, whose prospects for survival in Arizona are in jeopardy or which are in danger of extinction. Highly safeguarded native plants as prescribed in A.R.S. § 3-903(B)(1), for which commercial collection is not allowed except as provided in R3-3-1105(B)(1): AGAVACEAE Agave Family (including Nolinaceae) Agave arizonica Gentry & Weber–Arizona agave Agave delamateri Hodgson & Slauson Agave murpheyi Gibson–Hohokam agave Agave parviflora Torr.–Santa Cruz striped agave, Small-flowered agave Agave phillipsiana Hodgson Agave schottii Engelm. var. treleasei (Toumey) Kearney & Peebles APIACEAE Parsley Family. [= Umbelliferae] Lilaeopsis schaffneriana (Schlecht.) Coult. & Rose ssp. recurva (A. W. Hill) Affolter–Cienega false rush, Hua- chuca water umbel. Syn.: Lilaeopsis recurva A. W. Hill APOCYNACEAE Dogbane Family Amsonia kearneyana Woods.–Kearney’s bluestar Cycladenia humilis Benth. var. jonesii (Eastw.) Welsh & Atwood–Jones’ cycladenia ASCLEPIADACEAE Milkweed Family Asclepias welshii N. & P. Holmgren–Welsh’s milkweed ASTERACEAE Sunflower Family [= Compositae] Erigeron lemmonii Gray–Lemmon fleabane Erigeron rhizomatus Cronquist–Zuni fleabane Senecio franciscanus Greene–San Francisco Peaks groundsel Senecio huachucanus Gray–Huachuca groundsel BURSERACEAE Torch Wood Family Bursera fagaroides (H.B.K.) Engler–Fragrant bursera CACTACEAE Cactus Family Carnegiea gigantea (Engelm.) Britt. & Rose– Saguaro: ‘Crested’ or ‘Fan-top’ form only Syn.: Cereus giganteus Engelm. Coryphantha recurvata (Engelm.) Britt. & Rose– Golden-chested beehive cactus Syn.: Mammillaria recurvata Engelm. Coryphantha robbinsorum (W. H. Earle) A. Zimmerman–Cochise pincushion cactus, Robbin’s cory cactus. Syn.: Cochiseia robbinsorum W.H. Earle Coryphantha scheeri (Kuntze) L. Benson var. robustispina (Schott) L. Benson–Scheer’s strong-spined cory cactus. Syn.: Mammillaria robustispina Schott Echinocactus horizonthalonius Lemaire var. nicholii L. Benson–Nichol’s Turk’s head cactus Echinocereus triglochidiatus Engelm. var. arizonicus (Rose ex Orcutt) L. Benson–Arizona hedgehog cactus Echinomastus erectocentrus (Coult.) Britt. & Rose var. acunensis (W. T. Marshall) L. Benson–Acuna cactus Syn.: Neolloydia erectocentra (Coult.) L. Benson var. acunensis (W. T. Marshall) L. Benson

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Pediocactus bradyi L. Benson–Brady’s pincushion cactus Pediocactus paradinei B. W. Benson–Paradine plains cactus Pediocactus peeblesianus (Croizat) L. Benson var. fickeiseniae L. Benson Pediocactus peeblesianus (Croizat) L. Benson var. peeblesianus Peebles’ Navajo cactus, Navajo plains cactus Syn.: Navajoa peeblesiana Croizat Pediocactus sileri (Engelm.) L. Benson–Siler pincushion cactus Syn.: Utahia sileri (Engelm.) Britt. & Rose COCHLOSPERMACEAE Cochlospermum Family Amoreuxia gonzalezii Sprague & Riley CYPERACEAE Sedge Family Carex specuicola J. T. Howell–Navajo sedge FABACEAE Pea Family [=Leguminosae] Astragalus cremnophylax Barneby var. cremnophylax Sentry milk vetch Astragalus holmgreniorum Barneby–Holmgren milk-vetch Dalea tentaculoides Gentry–Gentry indigo bush LENNOACEAE Lennoa Family Pholisma arenarium Nutt.–Scaly-stemmed sand plant Pholisma sonorae (Torr. ex Gray) Yatskievych– Sandfood, sandroot Syn.: Ammobroma sonorae Torr. ex Gray LILIACEAE Lily Family Allium gooddingii Ownbey–Goodding’s onion ORCHIDACEAE Orchid Family Cypripedium calceolus L. var. pubescens (Willd.) Correll–Yellow lady’s slipper Hexalectris warnockii Ames & Correll–Texas purple spike Spiranthes delitescens C. Sheviak POACEAE Grass Family [=Gramineae] Puccinellia parishii A.S. Hitchc.–Parish alkali grass POLYGONACEAE Buckwheat Family Rumex orthoneurus Rech. f. PSILOTACEAE Psilotum Family Psilotum nudum (L.) Beauv. Bush Moss, Whisk Ferm RANUNCULACEAE Buttercup Family Cimicifuga arizonica Wats.–Arizona bugbane Clematis hirsutissima Pursh var. arizonica (Heller) Erickson–Arizona leatherflower ROSACEAE Rose Family Purshia subintegra (Kearney) J. Hendrickson–Arizona cliffrose, Burro Creek cliffrose Syn.: Cowania subintegra Kearney SALICACEAE Willow Family Salix arizonica Dorn–Arizona willow SCROPHULARIACEAE Figwort Family Penstemon discolor Keck–Variegated beardtongue B. Salvage Restricted Protected Native Plants. The following list includes those species of native plants that are not included in the highly safeguarded category but are subject to damage by theft or vandalism. Salvage restricted native plants as prescribed in A.R.S. § 3-903(B)(2) that require a permit for removal. In addition to the plants listed under Agavaceae, Cactaceae, Liliaceae, and Orchidaceae, all other species in these families are salvage restricted protected native plants: AGAVACEAE Agave Family (including Nolinaceae) Agave chrysantha Peebles Agave deserti Engelm. ssp. simplex Gentry–Desert agave Agave mckelveyana Gentry Agave palmeri Engelm. Agave parryi Engelm. var. couseii (Engelm. ex Trel.) Kearney & Peebles Agave parryi Engelm. var. huachucensis (Baker) Little ex L. Benson Syn.: Agave huachucensis Baker

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Agave parryi Engelm. var. parryi Agave schottii Engelm. var. schottii – Shindigger Agave toumeyana Trel. ssp. bella (Breitung) Gentry Agave toumeyana Trel. ssp. toumeyana Agave utahensis Engelm. spp. kaibabensis (McKelvey) Gentry Syn.: Agave kaibabensis McKelvey Agave utahensis Engelm. var. utahensis Dasylirion wheeleri Wats.–Sotol, desert spoon Nolina bigelovii (Torr.)Wats.–Bigelow’s nolina Nolina microcarpa Wats.–Beargrass, sacahuista Nolina parryi Wats.–Parry’s nolina Nolina texana Wats. var. compacta (Trel.) Johnst.– Bunchgrass Yucca angustissima Engelm. var. angustissima Yucca angustissima Engelm. var. kanabensis (McKelvey) Reveal Syn.: Yucca kanabensis McKelvey Yucca arizonica McKelvey Yucca baccata Torr. var. baccata–Banana yucca Yucca baccata Torr. var. vespertina McKelvey Yucca baileyi Woot. & Standl. var. intermedia (McKelvey) Reveal Syn.: Yucca navajoa Webber Yucca brevifolia Engelm. var. brevifolia–Joshua tree Yucca brevifolia Engelm. var. jaegeriana McKelvey Yucca elata Engelm. var. elata–Soaptree yucca, palmilla Yucca elata Engelm var. utahensis (McKelvey) Reveal Syn.: Yucca utahensis McKelvey Yucca elata Engelm. var. verdiensis (McKelvey) Reveal Syn.: Yucca verdiensis McKelvey Yucca harrimaniae Trel. Yucca schidigera Roezl.–Mohave yucca, Spanish dagger Yucca schottii Engelm.–Hairy yucca Yucca thornberi McKelvey Yucca whipplei Torr. var. whipplei–Our Lord’s candle Syn.: Yucca newberryi McKelvey AMARYLLIDACEAE Amaryllis Family Zephyranthes longifolia Hemsl.–Plains Rain Lily ANACARDIACEAE Sumac Family Rhus kearneyi Barkley–Kearney Sumac ARECACEAE Palm Family [=Palmae] Washingtonia filifera (Linden ex Andre) H. Wendl– California fan palm ASTERACEAE Sunflower Family [=Compositae] Cirsium parryi (Gray) Petrak ssp. mogollonicum Schaak Cirsium virginensis Welsh–Virgin thistle Erigeron kuschei Eastw.–Chiricahua fleabane Erigeron piscaticus Nesom–Fish Creek fleabane Flaveria macdougalii Theroux, Pinkava & Keil Perityle ajoensis Todson–Ajo rock daisy Perityle cochisensis (Niles) Powell–Chiricahua rock daisy Senecio quaerens Greene–Gila groundsel BURSERACEAE Torch-Wood Family Bursera microphylla Gray–Elephant tree, torote CACTACEAE Cactus Family Carnegiea gigantea (Engelm.) Britt. & Rose– Saguaro Syn.: Cereus giganteus Engelm. Coryphantha missouriensis (Sweet) Britt. & Rose Coryphantha missouriensis (Sweet) Britt. & Rose var. marstonii (Clover) L. Benson Coryphantha scheeri (Kuntze) L. Benson var. valida (Engelm.) L. Benson

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Coryphantha strobiliformis (Poselger) var. orcuttii (Rose) L. Benson Coryphantha strobiliformis (Poselger) var. strobiliformis Coryphantha vivipara (Nutt.) Britt. & Rose var. alversonii (Coult.) L. Benson Coryphantha vivipara (Nutt.) Britt. & Rose var. arizonica (Engelm.) W. T. Marshall Syn.: Mammillaria arizonica Engelm. Coryphantha vivipara (Nutt.) Britt. & Rose var. bisbeeana (Orcutt) L. Benson Coryphantha vivipara (Nutt.) Britt. & Rose var. deserti (Engelm.) W. T. Marshall Syn.: Mammillaria chlorantha Engelm. Coryphantha vivipara (Nutt.) Britt. & Rose var. rosea (Clokey) L. Benson Echinocactus polycephalus Engelm. & Bigel. var. polycephalus Echinocactus polycephalus Engelm. & Bigel. var. xeranthemoides Engelm. ex Coult. Syn.: Echinocactus xeranthemoides Engelm. ex Coult. Echinocereus engelmannii (Parry ex Engelm.) Lemaire var. acicularis L. Benson Echinocereus engelmannii (Parry ex Engelm.) Lemaire var. armatus L. Benson Echinocereus engelmannii (Parry ex Engelm.) Lemaire var. chrysocentrus L. Benson Echinocereus engelmannii (Parry ex. Engelm.) Lemaire var. engelmannii Echinocereus engelmannii (Parry) Lemaire var. variegatus (Engelm.) Engelm. ex Rümpler Echinocereus fasciculatus (Engelm. ex B. D. Jackson) L. Benson var. fasciculatus Syn.: Echinocereus fendleri (Engelm.) Rümpler var. fasciculatus (Engelm. ex B. D. Jackson) N. P. Taylor, Echinocereus fendleri (Engelm.) Rümpler var. robusta L. Benson; Mammillaria fasciculata Engelm. Echinocereus fasciculatus (Engelm. ex B. D. Jackson) L. Benson var. bonkerae (Thornber & Bonker) L. Benson. Syn.: Echinocereus boyce-thompsonii Orcutt var. bonkerae Peebles; Echinocereus fendleri (Engelm.) Rüm- pler var. bonkerae (Thornber & Bonker) L. Benson Echinocereus fasciculatus (Engelm. ex B. D. Jackson) L. Benson var. boyce-thompsonii (Orcutt) L. Benson Syn.: Echinocereus boyce-thompsonii Orcutt Echinocereus fendleri (Engelm.) Rümpler var. boyce-thompsonii (Orcutt) L. Benson Echinocereus fendleri (Engelm.) Rümpler var. fendleri Echinocereus fendleri (Engelm.) Rümpler var. rectispinus (Peebles) L. Benson Echinocereus ledingii Peebles Echinocereus nicholii (L. Benson) Parfitt. Syn.: Echinocereus engelmannii (Parry ex Engelm.) Lemaire var. nicholii L. Benson Echinocereus pectinatus (Scheidw.) Engelm. var. dasyacanthus (Engelm.) N. P. Taylor Syn.: Echinocereus pectinatus (Scheidw.) Engelm. var. neomexicanus (Coult.) L. Benson Echinocereus polyacanthus Engelm. (1848) var. polyacanthus Echinocereus pseudopectinatus (N. P. Taylor) N. P. Taylor Syn.: Echinocereus bristolii W. T. Marshall var. pseudopectinatus N. P. Taylor, Echinocereus pectinatus (Scheidw.) Engelm. var. pectinatus sensu Kearney and Peebles, Arizona Flora, and L. Benson, The Cacti of Arizona and The Cacti of the United States and Canada. Echinocereus rigidissimus (Engelm.) Hort. F. A. Haage. Syn.: Echinocereus pectinatus (Scheidw.) Engelm. var. rigidissimus (Engelm.) Engelm. ex Rümpler–Rain- bow cactus Echinocereus triglochidiatus Engelm. var. gonacanthus (Engelm. & Bigel.) Boiss. Echinocereus triglochidiatus Engelm. var. melanacanthus (Engelm.) L. Benson Syn.: Mammillaria aggregata Engelm. Echinocereus triglochidiatus Engelm. var. mojavensis (Engelm.) L. Benson Echinocereus triglochidiatus Engelm. var. neomexicanus (Standl.) Standl. ex W. T. Marshall. Syn.: Echinocereus triglochidiatus Engelm. var. polyacanthus (Engelm.1859 non 1848) L. Benson Echinocereus triglochidiatus Engelm. var. triglochidiatus Echinomastus erectocentrus (Coult.) Britt. & Rose var. erectocentrus Syn.: Neolloydia erectocentra (Coult.) L. Benson var. erectocentra Echinomastus intertextus (Engelm.) Britt. & Rose Syn.: Neolloydia intertexta (Engelg.) L. Benson Echinomastus johnsonii (Parry) Baxter–Beehive cactus Syn.: Neolloydia johnsonii (Parry) L. Benson Epithelantha micromeris (Engelm.) Weber ex Britt. & Rose Ferocactus cylindraceus (Engelm.) Orcutt var. cylindraceus–Barrel cactus Syn.: Ferocactus acanthodes (Lemaire) Britt. & Rose var. acanthodes Ferocactus cylindraceus (Engelm.) Orcutt var. eastwoodiae (Engelm.) N. P. Taylor Syn.: Ferocactus acanthodes (Lemaire) Britt. & Rose var. eastwoodiae L. Benson; Ferocactus eastwoodiae (L. Benson) L. Benson Volume 13, Issue 46 Page 3982 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

Ferocactus cylindraceus (Engelm.) Orcutt. var. lecontei (Engelm.) H. Bravo Syn.: Ferocactus acanthodes (Lemaire) Britt. & Rose var. leconti (Engelm.) Lindsay; Ferocactus lecontei (Engelm.) Britt. & Rose Ferocactus emoryi (Engelm.) Orcutt–Barrel cactus Syn.: Ferocactus covillei Britt. & Rose Ferocactus wislizenii (Engelm.) Britt. & Rose–Barrel cactus Lophocereus schottii (Engelm.) Britt. & Rose–Senita Mammillaria grahamii Engelm. var. grahamii Mammillaria grahamii Engelm. var. oliviae (Orcutt) L. Benson Syn.: Mammillaria oliviae Orcutt Mammillaria heyderi Mühlenpf. var. heyderi Syn.: Mammillaria gummifera Engelm. var. applanata (Engelm.) Benson Mammillaria heyderi Mühlenpf. var. macdougalii (Rose) L. Benson Syn.: Mammillaria gummifera Engelm. var. macdougalii (Rose) L. Benson; Mammillaria macdougalii Rose Mammillaria heyderi Mühlenpf. var. meiacantha (Engelm.) L. Benson Syn.: Mammillaria gummifera Engelm. var. meiacantha (Engelm.) L. Benson Mammillaria lasiacantha Engelm. Mammillaria mainiae K. Brand. Mammillaria microcarpa Engelm. Mammillaria tetrancistra Engelm. Mammillaria thornberi Orcutt Mammillaria viridiflora (Britt. & Rose) Bödeker. Syn.: Mammillaria orestra L. Benson Mammillaria wrightii Engelm. var. wilcoxii (Toumey ex K. Schumann) W. T. Marshall Syn.: Mammillaria wilcoxii Toumey Mammillaria wrightii Engelm. var. wrightii Opuntia acanthocarpa Engelm. & Bigel. var. acanthocarpa–Buckhorn cholla Opuntia acanthocarpa Engelm. & Bigel. var. coloradensis L. Benson Opuntia acanthocarpa Engelm. & Bigel. var. major L. Benson Syn.: Opuntia acanthocarpa Engelm. & Bigel var. ramosa Peebles Opuntia acanthocarpa Engelm. & Bigel. var. thornberi (Thornber & Bonker) L. Benson Syn.: Opuntia thornberi Thornber & Bonker Opuntia arbuscula Engelm.–Pencil cholla Opuntia basilaris Engelm. & Bigel. var. aurea (Baxter) W. T. Marshall–Yellow beavertail Syn.: Opuntia aurea Baxter Opuntia basilaris Engelm. & Bigel. var. basilaris– Beavertail cactus Opuntia basilaris Engelm. & Bigel. var. longiareolata (Clover & Jotter) L. Benson Opuntia basilaris Engelm. & Bigel. var. treleasei (Coult.) Toumey Opuntia bigelovii Engelm.–Teddy-bear cholla Opuntia campii ined. Opuntia canada Griffiths (O. phaeacantha Engelm. var. laevis X major and O. gilvescens Griffiths). Opuntia chlorotica Engelm. & Bigel.–Pancake prickly-pear Opuntia clavata Engelm.–Club cholla Opuntia curvospina Griffiths Opuntia echinocarpa Engelm. & Bigel–Silver cholla Opuntia emoryi Engelm.–Devil cholla Syn.: Opuntia stanlyi Engelm. ex B. D. Jackson var. stanlyi Opuntia engelmannii Salm-Dyck ex Engelm. var. engelmannii–Engelmann’s prickly-pear Syn.: Opuntia phaeacantha Engelm. var. discata (Griffiths) Benson & Walkington Opuntia engelmannii Salm-Dyck ex Engelm. var. flavospina (L.Benson) Parfitt & Pinkava Syn.: Opuntia phaeacantha Engelm. var. flavispina L. Benson Opuntia erinacea Engelm. & Bigel. var. erinacea– Mohave prickly-pear Opuntia erinacea Engelm. & Bigel. var. hystricina (Engelm. & Bigel.) L. Benson Syn.: Opuntia hystricina Engelm. & Bigel. Opuntia erinacea Engelm. & Bigel. var. ursina (Weber) Parish–Grizzly bear prickly-pear Syn.: Opuntia ursina Weber Opuntia erinacea Engelm. & Bigel. var. utahensis (Engelm.) L. Benson Syn.: Opuntia rhodantha Schum. Opuntia fragilis Nutt. var. brachyarthra (Engelm. & Bigel.) Coult. November 16, 2007 Page 3983 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

Opuntia fragilis Nutt. var. fragilis–Little prickly-pear Opuntia fulgida Engelm. var. fulgida–Jumping chain-fruit cholla Opuntia fulgida Engelm. var. mammillata (Schott) Coult. Opuntia imbricata (Haw.) DC.–Tree cholla Opuntia X kelvinensis V. & K. Grant pro sp. Syn.: Opuntia kelvinensis V. & K. Grant Opuntia kleiniae DC. var. tetracantha (Toumey) W. T. Marshall Syn.: Opuntia tetrancistra Toumey Opuntia kunzei Rose. Syn.: Opuntia stanlyi Engelm. ex B. D. Jackson var. kunzei (Rose) L. Benson; Opuntia kunzei Rose var. wrightiana (E. M. Baxter) Peebles; Opuntia wrightiana E. M. Baxter Opuntia leptocaulis DC.–Desert Christmas cactus, Pencil cholla Opuntia littoralis (Engelm.) Cockl. var. vaseyi (Coult.) Benson & Walkington Opuntia macrocentra Engelm.–Purple prickly-pear Syn.: Opuntia violacea Engelm. ex B. D. Jackson var. macrocentra (Engelm.) L. Benson; Opuntia violacea Engelm. ex B. D. Jackson var. violacea Opuntia macrorhiza Engelm. var. macrorhiza– Plains prickly-pear Syn.: Opuntia plumbea Rose Opuntia macrorhiza Engelm. var. pottsii (Salm-Dyck) L. Benson Opuntia martiniana (L. Benson) Parfitt Syn.: Opuntia littoralis (Engelm.) Cockerell var. martiniana (L. Benson) L. Benson; Opuntia macrocentra Engelm. var. martiniana L. Benson Opuntia nicholii L. Benson–Navajo Bridge prickly-pear Opuntia parishii Orcutt. Syn.: Opuntia stanlyi Engelm. ex B. D. Jackson var. parishii (Orcutt) L. Benson Opuntia phaeacantha Engelm. var. laevis (Coult.) L. Benson Syn.: Opuntia laevis Coult. Opuntia phaeacantha Engelm. var. major Engelm. Opuntia phaeacantha Engelm. var. phaeacantha Opuntia phaeacantha Engelm. var. superbospina (Griffiths) L. Benson Opuntia polyacantha Haw. var. juniperina (Engelm.) L. Benson Opuntia polyacantha Haw. var. rufispina (Engelm.) L. Benson Opuntia polyacantha Haw. var. trichophora (Engelm. & Bigel.) L. Benson Opuntia pulchella Engelm.–Sand cholla Opuntia ramosissima Engelm.–Diamond cholla Opuntia santa-rita (Griffiths & Hare) Rose–Santa Rita prickly-pear Syn.: Opuntia violacea Engelm. ex B. D. Jackson var. santa-rita (Griffiths & Hare) L. Benson Opuntia spinosior (Engelm.) Toumey–Cane cholla Opuntia versicolor Engelm.–Staghorn cholla Opuntia vivipara Engelm Opuntia whipplei Engelm. & Bigel. var. multigeniculata (Clokey) L. Benson Opuntia whipplei Engelm. & Bigel. var. whipplei– Whipple cholla Opuntia wigginsii L. Benson Pediocactus papyracanthus (Engelm.) L. Benson Grama grass cactus Syn.: Toumeya papyracanthus (Engelm.) Britt. & Rose Pediocactus simpsonii (Engelm.) Britt & Rose var. simpsonii Peniocereus greggii (Engelm.) Britt. & Rose var. greggii–Night-blooming cereus Syn.: Cereus greggii Engelm. Peniocereus greggii (Engelm.) Britt & Rose var. transmontanus–Queen-of-the-Night Peniocereus striatus (Brandegee) Buxbaum. Syn.: Neoevansia striata (Brandegee) Sanchez-Mejorada; Cereus striatus Brandegee; Wilcoxia diguetii (Webber) Peebles Sclerocactus parviflorus Clover & Jotter var. intermedius (Peebles) Woodruff & L. Benson Syn.: Sclerocactus intermedius Peebles Sclerocactus parviflorus Clover & Jotter var. parviflorus Syn.: Sclerocactus whipplei (Engelm. & Bigel.) Britt. & Rose var. roseus (Clover) L. Benson Sclerocactus pubispinus (Engelm.) L. Peebles Sclerocactus spinosior (Engelm.) Woodruff & L. Benson Syn.: Sclerocactus pubispinus (Engelm.) L. Benson var. sileri L. Benson Volume 13, Issue 46 Page 3984 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

Sclerocactus whipplei (Engelm. & Bigel.) Britt. & Rose Stenocereus thurberi (Engelm.) F. Buxbaum–Organ pipe cactus Syn.: Cereus thurberi Engelm.; Lemairocereus thurberi (Engelm.) Britt. & Rose CAMPANULACEAE Bellflower Family Lobelia cardinalis L. ssp. graminea (Lam.) McVaugh–Cardinal flower Lobelia fenestralis Cav.–Leafy lobelia Lobelia laxiflora H. B. K. var. angustifolia A. DC. CAPPARACEAE Cappar Family [=Capparidaceae] Cleome multicaulis DC.–Playa spiderflower CHENOPODIACEAE Goosefoot Family Atriplex hymenelytra (Torr.) Wats. CRASSULACEAE Stonecrop Family Dudleya arizonica (Nutt.) Britt. & Rose Syn.: Echeveria pulverulenta Nutt. ssp. arizonica (Rose) Clokey Dudleya saxosa (M.E. Jones) Britt. & Rose ssp. collomiae (Rose) Moran Syn.: Echeveria collomiae (Rose) Kearney & Peebles Graptopetalum bartramii Rose Syn.: Echevaria bartramii (Rose) K. & P. Graptopetalum bartramii Rose–Bartram’s stonecrop, Bartram’s live-forever Syn.: Echeveria bartramii (Rose) Kearney & Peebles Graptopetalum rusbyi (Greene) Rose Syn.: Echeveria rusbyi (Greene) Nels. & Macbr. Sedum cockerellii Britt. Sedum griffithsii Rose Sedum lanceolatum Torr. Syn.: Sedum stenopetalum Pursh Sedum rhodanthum Gray Sedum stelliforme Wats. CROSSOSOMATACEAE Crossosoma Family Apacheria chiricahuensis C. T. Mason–Chiricahua rock flower CUCURBITACEAE Gourd Family Tumamoca macdougalii Rose–Tumamoc globeberry EUPHORBIACEAE Spurge Family Euphorbia plummerae Wats.–Woodland spurge Sapium biloculare (Wats.) Pax–Mexican jumping-bean FABACEAE Pea Family [=Leguminosae] Astragalus corbrensis Gray var. maguirei Kearney Astragalus cremnophylax Barneby var. myriorraphis Barneby–Cliff milk-vetch Astragalus hypoxylus Wats.–Huachuca milk-vetch Astragalus nutriosensis Sanderson–Nutrioso milk-vetch Astragalus xiphoides (Barneby) Barneby–Gladiator milk-vetch Cercis occidentalis Torr.–California redbud Errazurizia rotundata (Woot.) Barneby Syn.: Parryella rotundata Woot. Lysiloma microphylla Benth. var. thornberi (Britt. & Rose) Isely–Feather bush Syn.: Lysiloma thornberi Britt. & Rose Phaseolus supinus Wiggins & Rollins FOUQUIERIACEAE Ocotillo Family Fouquieria splendens Engelm.–Ocotillo, coach-whip, monkey-tail GENTIANACEAE Gentian Family Gentianella wislizenii (Engelm.) J. Gillett Syn.: Gentiana wislizenii Engelm. LAMIACEAE Mint Family Hedeoma diffusum Green–Flagstaff pennyroyal Salvia dorrii ssp. mearnsii November 16, 2007 Page 3985 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

Trichostema micranthum Gray LILIACEAE Lily Family Allium acuminatum Hook. Allium bigelovii Wats. Allium biseptrum Wats. var. palmeri (Wats.) Cronq. Syn.: Allium palmeri Wats. Allium cernuum Roth. var. neomexicanum (Rydb.) Macbr.–Nodding onion Allium cernuum Roth. var. obtusum Ckll. Allium geyeri Wats. var. geyeri Allium geyeri Wats. var. tenerum Jones Allium kunthii Don Allium macropetalum Rydb. Allium nevadense Wats. var. cristatum (Wats.) Ownbey Allium nevadense Wats. var. nevadense Allium parishii Wats. Allium plummerae Wats. Allium rhizomatum Woot. & Standl. Incl.: Allium glandulosum Link & Otto sensu Kearney & Peebles Androstephium breviflorum Wats.–Funnel-lily Calochortus ambiguus (Jones) Ownbey Calochortus aureus Wats. Syn.: Calochortus nuttallii Torr. & Gray var. aureus (Wats.) Ownbey Calochortus flexuosus Wats.–Straggling mariposa Calochortus gunnisonii Wats. Calochortus kennedyi Porter var. kennedyi–Desert mariposa Calochortus kennedyi Porter var. munzii Jeps. Dichelostemma pulchellum (Salisbi) Heller var. pauciflorum (Torr.) Hoover Disporum trachycarpum (Wats.) Benth. & Hook. var. subglabrum Kelso Disporum trachycarpum (Wats.) Benth. & Hook. var. trachycarpum Echeandia flavescens (Schultes & Schultes) Cruden Syn.: Anthericum torreyi Baker Eremocrinum albomarginatum Jones Fritillaria atropurpurea Nutt. Hesperocallis undulata Gray–Ajo lily Lilium parryi Wats.–Lemon lily Lilium umbellatum Pursh Maianthemum racemosum (L.) Link. ssp. amplexicaule (Nutt.) LaFrankie Syn.: Smilacina racemosa (L.) Desf. var. amplexicaulis (Nutt.) Wats. Maianthemum racemosum (L.) Link ssp. racemosum–False Solomon’s seal Syn.: Smilacina racemosa (L.) Desf. var. racemosa; Smilacina racemosa (L.) Desf. var. cylindrata Fern. Maianthemum stellatum (L.) Link Syn.: Smilacina stellata (L.) Desf.–Starflower Milla biflora Cav.–Mexican star Nothoscordum texanum Jones Polygonatum cobrense (Woot. & Standl.) Gates Streptopus amplexifolius (L.) DC.–Twisted stalk Triteleia lemmonae (Wats.) Greene Triteleiopsis palmeri (Wats.) Hoover Veratrum californicum Durand.–False hellebore Zephyranthes longifolia Hemsl.–Plains rain lily Zigadenus elegans Pursh–White camas, alkali-grass Zigadenus paniculatus (Nutt.) Wats.–Sand-corn Zigadenus virescens (H. B. K.) Macbr. MALVACEAE Mallow Family Abutilon parishii Wats.–Tucson Indian mallow Abutilon thurberi Gray–Baboquivari Indian mallow NOLINACEAE Nolina Dasylirion wheeleri Wats.–Sotol, desert spoon

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Nolina bigelovii (Torr.) Wats.–Bigelow’s nolina Nolina microcarpa Wats.–Beargrass, sacahuista Nolina parryi Wats.–Parry’s nolina Nolina texana Wats. var. compacta (Trel.) Johnst.– Bunchgrass ONAGRACEAE Evening Primrose Family Camissonia exilis (Raven) Raven ORCHIDACEAE Orchid Family Calypso bulbosa (L.) Oakes var. americana (R. Br.) Luer Coeloglossum viride (L.) Hartmann var. virescens (Muhl.) Luer Syn.: Habenaria viridis (L.) R. Br. var. bracteata (Muhl.) Gray Corallorhiza maculata Raf.–Spotted coral root Corallorhiza striata Lindl.–Striped coral root Corallorhiza wisteriana Conrad–Spring coral root Epipactis gigantea Douglas ex Hook.–Giant helleborine Goodyera oblongifolia Raf. Goodyera repens (L.) R. Br. Hexalectris spicata (Walt.) Barnhart–Crested coral root Listera convallarioides (Swartz) Nutt.–Broad-leaved twayblade Malaxis corymbosa (S. Wats.) Kuntze Malaxis ehrenbergii (Reichb. f.) Kuntze Malaxis macrostachya (Lexarza) Kuntze–Mountain malaxia Syn.: Malaxis soulei L. O. Williams Malaxis tenuis (S. Wats.) Ames Platanthera hyperborea (L.) Lindley var. gracilis (Lindley) Luer Syn.: Habenaria sparsiflora Wats. var. laxiflora (Rydb.) Correll Platanthera hyperborea (L.) Lindley var. hyperborea–Northern green orchid Syn.: Habenaria hyperborea (L.) R. Br. Platanthera limosa Lindl.–Thurber’s bog orchid Syn.: Habenaria limosa (Lindley) Hemsley Platanthera sparsiflora (Wats.) Schlechter var. ensifolia (Rydb.) Luer Platanthera sparsiflora (Wats.) var. laxiflora (Rydb.) Correll Platanthera sparsiflora (Wats.) Schlechter var. sparsiflora–Sparsely-flowered bog orchid Syn.: Habenaria sparsiflora Wats. Platanthera stricta Lindl.–Slender bog orchid Syn.: Habenaria saccata Greene; Platanthera saccata (Greene) Hulten Platanthera viridis (L.) R. Br. var. bracteata (Muhl.) Gray–Long-bracted habenaria Spiranthes michaucana (La Llave & Lex.) Hemsl. Spiranthes parasitica A. Rich. & Gal. Spiranthes romanzoffiana Cham.–Hooded ladies tresses PAPAVERACEAE Poppy Family Arctomecon californica Torr. & Frém.–Golden-bear poppy, Yellow-flowered desert poppy PINACEAE Pine Family Pinus aristata Engelm.–Bristlecone pine POLYGONACEAE Buckwheat Family Eriogonum apachense Reveal Eriogonum capillare Small Eriogonum mortonianum Reveal–Morton’s buckwheat Eriogonum ripleyi J. T. Howell–Ripley’s wild buckwheat, Frazier’s Well buckwheat Eriogonum thompsonae Wats. var. atwoodii Reveal–Atwood’s buckwheat PORTULACEAE Purslane Family Talinum humile Greene–Pinos Altos flame flower Talinum marginatum Greene Talinum validulum Greene–Tusayan flame flower PRIMULACEAE Primrose Family Dodecatheon alpinum (Gray) Greene ssp. majus H. J. Thompson Dodecatheon dentatum Hook. ssp. ellisiae (Standl.) H. J. Thompson

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Dodecatheon pulchellum (Raf.) Merrill Primula hunnewellii Fern. Primula rusbyi Greene Primula specuicola Rydb. RANUNCULACEAE Buttercup Family Aquilegia caerulea James ssp. pinetorum (Tidest.) Payson–Rocky Mountain Columbine Aquilegia chrysantha Gray Aquilegia desertorum (Jones) Ckll.–Desert columbine, Mogollon columbine Aquilegia elegantula Greene Aquilegia longissima Gray–Long Spur Columbine Aquilegia micrantha Eastw. Aquilegia triternata Payson ROSACEAE Rose Family Rosa stellata Woot.–ssp. abyssa A. Phillips Grand Canyon rose Vauquelinia californica (Torr.) Sarg. ssp. pauciflora (Standl.) Hess & Henrickson–Few-flowered Arizona rose- wood SCROPHULARIACEAE Figwort Family Castilleja mogollonica Pennell Penstemon albomarginatus Jones Penstemon bicolor (Brandeg.) Clokey & Keck ssp. roseus Clokey & Keck Penstemon clutei A. Nels. Penstemon distans N. Holmgren–Mt. Trumbull beardtongue Penstemon linarioides spp. maguirei SIMAROUBACEAE Simarouba Family Castela emoryi (Gray) Moran & Felger–Crucifixion thorn Syn.: Holacantha emoryi Gray STERCULIACEAE Cacao Family Fremontodendron californicum (Torr.) Coville– Flannel bush C. Salvage Assessed Protected Native Plants. The following list includes those species of native plants that are not included in either the highly safeguarded or salvage restricted category but have a sufficient value if salvaged to support the cost of salvage. Salvage assessed native plants as prescribed in A.R.S. § 3-903(B)(3) that require a permit for removal: BIGNONIACEAE Bignonia Family Chilopsis linearis (Cav.) Sweet var. arcuata Fosberg–Desert-willow Chilopsis linearis (Cav.) Sweet var. glutinosa (Engelm.) Fosberg FABACEAE Pea Family [=Leguminosae] Cercidium floridum Benth.–Blue palo verde Cercidium microphyllum (Torr.) Rose & Johnst.– Foothill palo verde Olneya tesota Gray–Desert ironwood Prosopis glandulosa Torr. var. glandulosa–Honey mesquite Syn.: Prosopis juliflora (Swartz) DC. var. glandulosa (Torr.) Ckll. Prosopis glandulosa Torr. var. torreyana (Benson) M. C. Johnst.–Western honey mesquite Syn.: Prosopis juliflora (Swartz) DC. var. torreyana Benson Prosopis pubescens Benth.–Screwbean mesquite Prosopis velutina Woot.–Velvet mesquite Syn.: Prosopis juliflora (Swartz) DC. var. velutina (Woot.) Sarg. Psorothamnus spinosus (Gray) Barneby–Smoke tree. Syn.: Dalea spinosa Gray D. Harvest Restricted Protected Native Plants. The following list includes those species of native plants that are not included in the highly safeguarded category but are subject to excessive harvesting or overcutting because of their intrinsic value. Harvest restricted native plants as prescribed at A.R.S. § 3-903(B)(4) that requires a permit to remove a native plant, the by-product, fiber, or woody part of the plant: AGAVACEAE Agave Family (including Nolinaceae) Nolina bigelovii (Torr.) Wats.–Bigelow’s nolina Nolina microcarpa Wats.–Beargrass, sacahuista Nolina parryi Wats.–Parry’s nolina Nolina texana Wats. var. compacta (Trel.) Johnst.–Bunchgrass

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Yucca baccata Torr. var. baccata–Banana yucca Yucca schidigera Roezl.–Mohave yucca, Spanish dagger FABACEAE Pea Family [=Leguminosae] Olneya tesota Gray–Desert ironwood Prosopis glandulosa Torr. var. glandulosa–Honey mesquite Syn.: Prosopis juliflora (Swartz) DC. var. glandulosa (Torr.) Ckll. Prosopis glandulosa Torr. var. torreyana (Benson) M. C. Johnst.–Western honey mesquite Syn.: Prosopis juliflora (Swartz) DC. var. torreyana Benson Prosopis pubescens Benth.–Screwbean mesquite Prosopis velutina Woot.–Velvet mesquite Syn.: Prosopis juliflora (Swartz) DC. var. velutina (Woot.) Sarg.

NOTICE OF PROPOSED RULEMAKING

TITLE 17. TRANSPORTATION

CHAPTER 9. DEPARTMENT OF ADMINISTRATION SCHOOL BUSES [R07-367]

PREAMBLE

1. Sections Affected Rulemaking Action R17-9-101 Amend R17-9-102 Amend R17-9-103 Amend R17-9-104 Amend R17-9-105 Amend R17-9-106 Amend R17-9-107 Amend R17-9-108 Amend R17-9-110 Amend 2. The specific authority for the rulemaking, including both the authorizing statute (general) and the statutes the rules are implementing (specific): Authorizing statute: A.R.S. §§ 28-900 and 28-3228 Implementing statute: A.R.S. §§ 28-900 and 28-3228 3. List of all previous notices appearing in the register addressing the proposed rules: Notice of Rulemaking Docket Opening: 13 A.A.R. 3767, November 9, 2007 4. The name and address of agency personnel with whom persons may communicate regarding the rulemaking: Name: Kathy I. Zatari Address: 100 N. 15th Ave., Suite 402 Phoenix, AZ 85007 Telephone: (602) 542-1967 Fax: (602) 542-1486 E-mail: [email protected] 5. An explanation of the rules, including the agency’s reasons for initiating the rules: This rulemaking contains numerous changes to Article 1, Minimum Standards. First, in R17-9-101, definitions for Type A, Type B, Type C and Type D school buses will be amended, to more consistently conform to industry standards. The definition of “Forward control chassis” will be repealed, because the proposed amendments to school bus types make that subsection unnecessary. The Code of Federal Regulations incorporation by reference will also be updated. Finally, amendments are being made to update numeric references in certain subsections. R17-9-102 will be amended to include additional bases for denial, cancellation or suspension of a school bus driver’s certificate. These additional grounds are included to ensure the safety and welfare of students, teachers, school bus

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drivers or others who may be passengers. The Arizona Department of Public Safety has been faced with a number of incidents involving school bus drivers in recent years that have impacted the safety and welfare of their passengers. The handling of these incidents is not sufficiently addressed in the current rules. The Department believes the proposed additions will permit it to more thoroughly address denial, cancellation or suspension issues in a wider variety of circumstances involving passenger safety. The Code of Federal Regulations incorporations by reference will also be updated. R17-9-103(A)(2)(a) will be amended to correct a clerical error, and to provide the correct reference to the written examination questions for instructor qualifications. R17-9-104 will be amended to incorporate school bus driver responsibilities in operating the noise suppression switch while the school bus is stopped at a railroad grade crossing. This addition is made in response to correspondence from the National Transportation Safety Board, indicating that it believes Arizona should more thoroughly set forth procedures that shall be followed by the school bus driver at railroad crossings. This rule will also be amended to more clearly explain the requirements for both passengers and non-passengers to comply with instructions given by the school bus driver and to set forth actions the driver may take should his or her instructions not be followed. This amendment is made in response to requests by several school districts as a result of incidents involving unruly passengers and non-passengers, where the districts’ drivers believed their authority was not clearly set forth in existing rule. Further, this rule will be amended to address school bus drivers’ use of cell phones, Bluetooth devices, and other interactive wireless technology, while the school bus is in operation. This amendment is made in response to concerns raised by school district personnel, citing safety issues caused by driver inattention. Additionally, this rule will be amended to require the school bus driver to complete all child alert notification system procedures, if a school bus is equipped with this system. Finally, amendments are being made to update numeric references in certain subsections. R17-9-105 will be amended to clarify provisions regarding belt cutters, special service entrance doors, wheelchair securement systems and passenger restraints, and International Symbol for Accessibility emblems. This rule will also be amended to remove the requirement for a second battery on special needs school buses. These amendments are being made in response to safety concerns raised by school district personnel, and for consistency with current industry standards. R17-9-106 will be amended to clarify numerous provisions regarding the school bus chassis, including brake systems, electrical systems, frame components, instruments and instrument panel, and suspension systems. This rule will also be amended to permit an optional child alert notification system. These amendments are being made in response to safety concerns raised by school district personnel and school bus manufacturers, and for consistency with current industry standards. Incorporations by reference for both the Code of Federal Regulations and the Society of Automo- tive Engineers, Inc. citations will also be updated. Finally, an amendment is being made to update a numeric reference in a subsection. R17-9-107 will be amended to clarify numerous provisions regarding the school bus body, including auxiliary fans, batteries, belt cutters, circuits, emergency exits, locking devices, fire extinguishers, heating systems, identification signage, lamps, school bus length, seats, stop signal arms, tail pipes and undercoating. This rule will also be amended to require a noise suppression switch. Finally, this rule will be amended to set forth minimum standards for both air conditioning systems and crossing control arms. These amendments are being made in response to safety and operational concerns raised by school district personnel and school bus manufacturers, and for consistency with current industry standards. Incorporations by reference for the Code of Federal Regulations, the National Fire Protection Association, Inc., and the Society of Automotive Engineers, Inc. citations will also be updated. Finally, amendments are being made to update numeric references in certain subsections. R17-9-108 will be amended to clarify numerous provisions regarding the inspection and maintenance of school buses. These provisions include amendments to current out-of-service criteria (including major and minor defects) for the following items: air conditioning system (if installed), back-up alarm (if installed), body fluid cleanup kit, brakes, crossing control arm (if installed), emergency warning devices, emergency exits, exhaust systems, heating systems, instruments and instrument panel, interior seats and floor coverings, lamps, mirrors, noise suppression switches, rub rails, seat belts, service doors, special needs school buses, stop signal arms, suspension systems, windshields and windows, and wiring systems. This rule will also be amended to provide a minor change to the annual inspection provision, and to the list of items to be inspected by the school bus driver. These inspection items are being amended to include the optional child alert notification switch, optional crossing control arm, optional air conditioning system, and the required noise suppression switch. These amendments are being made in response to safety and operational concerns raised by school district personnel, the Department of Public Safety, and school bus manufacturers; the amendments are also being made to comply with current industry standards. Amendments are also being made to the inspection chart, to update numeric subsection references in the inspection chart. Finally, R17-9-110 will be amended to clarify provisions regarding adhesive bandages included in first aid kits. This amendment is being made in response to concerns raised by school district personnel. An amendment is also being made to update a numeric reference in a subsection.

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6. A reference to any study that the agency proposes to rely on in its evaluation of or justification for the proposed rule and where the public may obtain or review the study, all data underlying each study, any analysis of the study and other supporting material: None 7. A showing of good cause why the rules are necessary to promote a statewide interest if the rules will diminish a previous grant of authority of a political subdivision of this state: Not applicable 8. The preliminary summary of the economic, small business, and consumer impact: Annual cost/revenue changes are designated as minimal when less than $1,000, moderate when between $1,000 and $10,000, and substantial when greater than $10,000. Cost/revenue changes are described as significant when mean- ingful or important, but not readily quantifiable. The proposed rulemaking contains a number of changes for clarity, for conformity with current industry standards, and for safety considerations. The Department expects to incur minimal costs in enforcement of the new rules; however, it also anticipates significant benefits from the new rules, due to their increased clarity, consistency with current industry standards, and concern with safety issues. Amendments to certain definitions are made to update Code of Federal Regulations (CFR) incorporations by reference, and to conform to current manufacturing industry standards. The CFR updates do not require changes to Department practice under the current rule. Further, amendments to definitions of school bus types reflect current manufacturer specifications. The Department expects these amendments to have no economic impact on school districts. Amendments to certain subsections of the school bus driver certification rule are being made to update CFR incorporations by reference, and to expand the bases for denial, revocation, or suspension of a school bus driver’s certification. The CFR updates do not require changes to Department practice under the current rule. There may be a moderate economic impact on school bus drivers who have their licenses denied, revoked or suspended based on the additional grounds set forth in the proposed rulemaking. In this rulemaking, the Department has included as bases for denial, revocation, or suspension additional provisions regarding moving violations, positive drug testing results, driver conduct that endangers school children and others, and harmful behavior taking place whether or not the school bus driver is operating the school bus. However, the Department believes the amendments effectively respond to safety concerns raised by school district personnel, and that there will be a significant safety benefit to school children and the public. The proposed rulemaking also corrects a clerical error to a subsection citation for the rule for qualification of instructors. This amendment will not result in an economic impact, either benefit or cost, to the Department, school districts, school bus drivers or passengers, or the public. The Department has also clarified and expanded the rule setting forth the authority, duties and responsibilities of the school bus driver. The proposed rulemaking adds requirements regarding operation of the noise suppression switch and the optional child alert notification system. The amendments also limit the school bus driver’s use of the two-way radio for transportation purposes, and expand the prohibition against use of cell phones to include Bluetooth and other wireless communication devices, whether or not hands-free. Finally, the proposed rulemaking clarifies the school bus driver’s authority to seek assistance in response to passengers and non-passengers who fail to comply with the driver’s instructions. None of these amendments will result in an economic impact, either benefit or cost, to school districts, school bus companies, manufacturers, school bus drivers or passengers, or the public. The Depart- ment may incur minimal expense in educating school district personnel and school bus drivers about the new requirements. The Department is making several amendments to the rule for special needs school buses, including language clarifying the location of belt cutters, and language clarifying special service entrances. Neither of these items is expected to result in either an economic benefit or cost to school districts, because there are no substantive changes to these two requirements. Further, the proposed rulemaking removes the requirement of a second battery for wheelchair lifts. This amendment is being made to conform to current school bus manufacturing standards. Battery manufacturers may incur a minimal to moderate loss of revenue as a result of this change. However, school districts should gain a minimal to moderate economic benefit. The Department is also amending the rule to require a second International Symbol of Accessibility emblem; this requirement should result in a minimal economic benefit to manufacturers and a minimal economic cost to school districts. Finally, the Department is amending the rule to require an “L-track” wheelchair-securement system. Manufacturers may see moderate to substantial economic gains, while school districts may incur moderate to substantial economic costs in installing these systems. Nonetheless, the Department has determined that the “L-track” system is not only the safest system, but also one that accommodates the greatest number of wheelchair types. The proposed rulemaking also includes a number of amendments to the minimum standards for school bus chassis. First, the Department is including a provision for an optional child alert notification system. Because it is designated as an option rather than a requirement, this provision should have no economic impact on either manufacturers or

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school districts. Similarly, CFR incorporations by reference updated in this rule should have no economic impact on the Department, school districts, school bus companies, or manufacturers, since they do not change Department practice. However, the Department is including amendments requiring changes to brake systems, alternators, batteries, frames, odometers, and suspension systems provisions. There may be minimal to moderate costs to school districts to comply with these requirements, while manufacturers and installers may see minimal to moderate increases in revenues. However, these requirements are being added so that school bus chassis comply with current manufacturer industry standards, and to ensure the safe operation of the vehicle. Finally, the Department is amending the subsection on transmissions, to correct a clerical error. This amendment should have no economic impact on the Department, school districts, manufacturers, or the public. The proposed rulemaking further includes amendments to the minimum standards for a school bus body. First, the Department is adding rules regarding air conditioning systems, route signage and crossing control arms. These provisions designate these items as optional, and thus no economic impact should be seen regarding these three options. The Department is also amending language to clarify the requirements for auxiliary fans, batteries, overall school bus length, emergency exits, service doors and undercoating. No substantive requirements are being added to these subsections; there should be no economic impact as a result of these changes. Additionally, the CFR incorporations by reference citations for this rule are being updated; however, these updates do not change the Department’s existing practice, and should result in no economic impact. The Department is amending requirements regarding belt cutters, defrosters, electrical wiring, fire extinguishers, warning devices, heating systems, lamps, seat spacing, stop signal arms and tailpipes, to conform to current manufacturing industry standards, to address new technology, and to address safety concerns raised by school district personnel. These amendments may result in minimal to moderate economic costs to school districts, while manufacturers and installers may see minimal to moderate revenue increases. Finally, the Department is requiring that school buses be equipped with noise suppression switches. While there may be moderate economic costs incurred by school districts for these devices, the Department believes that proper safety procedures to be followed at railroad crossings justify this added expense. There may be a minimal to moderate economic impact, in the form of increased revenues to manufacturers and installers of these devices. Additionally, the Department is amending a number of provisions regarding inspection and maintenance of school buses. Specifically, the proposed rulemaking adds a number of out-of-service criteria (Major Defects) for optional air conditioning systems and crossing control arms, and also for brake systems, emergency exits, exhaust systems, instrument panels, seats, floor coverings, lamps, mirrors, noise suppression switch, restraining barriers, rub rails, service doors, stop signal arms, windshield wipers and wiring systems. Further, the Department is amending other criteria (Minor Defects), which do not place school buses out-of-service, but that must be repaired within 15 working days. The proposed rulemaking includes amendments for optional air conditioning systems and crossing control arms, back-up alarms, brakes, emergency exits, heating systems, instrument panels, lamps, seats, special needs school buses, and windshields. These amendments may result in minimal to moderate costs to school districts to ensure that their buses remain in service; however, the Department believes safety considerations outweigh the potential economic impact to school districts. The Department is inserting language clarifying the annual inspection it performs on school buses, to conform to its scheduling procedures. This amendment should result in no economic impact to school districts, manufacturers, or the public, since the Department will continue to perform inspections on an annual basis. Finally, the proposed rulemaking clarifies language describing the operations checks to be performed by the school bus driver daily, and also includes the mandatory or optional items added to this rulemaking, such as air conditioning systems, crossing control arms, child alert notification systems, and noise control suppression switches. These amendments should have no economic impact on school district personnel or the public, since they are included as part of the normal, daily inspection procedure. The final amendment in the proposed rulemaking clarifies the description of items to be included in the rule covering first aid equipment. There is no substantive change in this amendment, and no economic impact should result. 9. The name and address of agency personnel with whom persons may communicate regarding the accuracy of the economic, small business, and consumer impact statement: Name: Kathy I. Zatari Address: 100 N. 15th Ave., Suite 402 Phoenix, AZ 85007 Telephone: (602) 542-1967 Fax: (602) 542-1486 E-mail: [email protected] 10. The time, place, and nature of the proceedings for the adoption, amendment, or repeal of the rules or, if no proceeding is scheduled, where, when, and how persons may request an oral proceeding on the proposed rules: An oral proceeding will be held as follows: Date: December 19, 2007 Time: 9:00 a.m.

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Location: Department of Administration, Room 402 100 N. 15th Ave. Phoenix, AZ 85007 Written comments may be submitted to the person listed in item 4 until 5 p.m. on December 19, 2007. 11. Any other matters prescribed by statute that are applicable to the specific agency or to any specific rule or class of rules: None 12. Incorporations by reference and their location in the rules: U.S. Department of Transportation, Federal Highway Administration, 49 CFR 382, (October 2006), incorporated at R17-9-101 and R17-9-102 U.S. Department of Transportation, Federal Highway Administration, 49 CFR 40, (October 2006), incorporated at R17-9-101 and R17-9-102 Society of Automotive Engineers, Inc., Standard J180 (January 2002), incorporated at R17-9-106 Society of Automotive Engineers, Inc., Standard J377 (March 2001), incorporated at R17-9-106 Society of Automotive Engineers, Inc., Standard J639 (June 2005), incorporated at R17-9-107 Society of Automotive Engineers, Inc., Standard J1133 (November 2004), incorporated at R17-9-107 Society of Automotive Engineers, Inc., Standard J381 (September 2000), incorporated at R17-9-107 Society of Automotive Engineers, Inc., Standard J382 (September 2000), incorporated at R17-9-107 National Fire Protection Association, Inc., NFPA 10 (2006), incorporated at R17-9-107 U.S. Department of Transportation, Federal Highway Administration, 49 CFR 571 (October 2006), incorporated at R17-9-107 Society of Automotive Engineers, Inc., Standard J2233 (June 2002), incorporated at R17-9-107 U.S. Department of Transportation, Federal Highway Administration, 49 CFR 393 (October 2006), incorporated at R17-9-107 13. The full text of the rules follows:

TITLE 17. TRANSPORTATION

CHAPTER 9. DEPARTMENT OF ADMINISTRATION SCHOOL BUSES

ARTICLE 1. SCHOOL BUS MINIMUM STANDARDS Section R17-9-101. Definitions R17-9-102. Certification of School Bus Drivers R17-9-103. Qualification of Classroom and Behind-the-wheel Instructors R17-9-104. Minimum Standards for School Bus Operation R17-9-105. Special Needs Standards R17-9-106. Minimum Standards for School Bus Chassis R17-9-107. Minimum Standards for School Bus Body R17-9-108. Inspection, Maintenance, and Alterations R17-9-110. First-aid Equipment ARTICLE 1. SCHOOL BUS MINIMUM STANDARDS R17-9-101. Definitions In this Chapter, unless otherwise specified: “Accident” means any unexpected occurrence involving a moving or non-moving school bus that results in any bodily injury or fatality to a passenger or non-passenger, damage to personal or real property outside the school bus, or damage to the school bus that affects the integrity of the school bus or results in a major defect as described in A.A.C. R17-9-108(B). “Alternately flashing signal lamps” means a system of red or red and amber lamps that are mounted horizontally to

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both the front and rear of the school bus body and used to inform the public that the school bus is preparing to stop or has stopped to load or unload passengers. Alternately flashing signal lamps can be either a 4-lamp four-lamp system as described in A.A.C. R17-9-107(15)(c)(i) R17-9-107(17)(c)(i) or an 8-lamp eight-lamp system as described in A.A.C. R17-9-107(15)(c)(ii) R17-9-107(17)(c)(ii). “Alteration” means any addition, modification, or removal of any equipment or component after a school bus is inspected by the Department, which may affect the operations of the school bus; compliance with the statutes or rules applicable to school buses; or the health, safety, or welfare of any individual. “Applicant” means an individual who submits an application to the Department to obtain a certificate to operate a school bus. “ASE” means National Institute of Automotive Service Excellence. “Auxiliary fan” means a device mounted inside the school bus body used to supplement the heating, defrosting, or air-conditioning systems by circulating air in the school bus. “Behind-the-wheel instructor” means an individual qualified under A.A.C. R17-9-103 to provide behind-the-wheel training to applicants. “Behind-the-wheel training” means the complete physical control of a school bus by an applicant while accompanied by and under direct observation of a behind-the-wheel instructor. “Belt cutter” means a hand-held instrument containing a blade used to sever a seat belt or a wheelchair-securement device. “Certificate” means a written authorization issued by the Department to operate a school bus in Arizona. “Chassis” means the part of a school bus that consists of all base components, including the frame, front and rear suspension, exhaust system, brakes, engine, engine hood or cover, transmission, front and rear axles, front fenders, drive train and shaft, fuel system, engine air intake and filter, clutch and accelerator pedals, steering wheel, tires, heating and cooling system, battery, and controls and instruments to operate the school bus. “Chassis cowl” means those parts of a Type C school bus that are located in front of the cowl and attached before a school bus manufacturer adds the school bus body. “Citation” has the same meaning as at A.R.S. § 28-1872. “Classroom instructor” means an individual qualified under A.A.C. R17-9-103 to provide classroom training to: Applicants to operate a school bus, Individuals becoming qualified to teach classroom training, Individuals becoming qualified to teach techniques of behind-the-wheel training, or School bus drivers taking refresher training. “Classroom training” means the courses required by the Department of an applicant before the applicant is certified or of an individual seeking qualification as a classroom or behind-the-wheel instructor. “Commercial driver license” has the same meaning as at A.R.S. § 28-3001. “Controlled substances and alcohol testing” means a determination of an applicant’s or school bus driver’s use of marijuana, cocaine, phencyclidine, opiates, amphetamines, and alcohol prescribed by 49 CFR 382, October 2003 2006 (no later amendments or editions), and conducted in accordance with the procedures at 49 CFR 40, October 2003 2006 (no later amendments or editions), both published by the U.S. Government Printing Office, Superinten- dent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328, incorporated by reference, and on file with the Department, and a determination of an applicant’s or school bus driver’s use of marijuana, cocaine, phencyclidine, opiates, amphetamines, barbiturates, benzodiazepines, methadone, and propoxyphene as required by these rules and conducted in accordance with a procedure that is generally accepted in the scientific community to be accurate and reliable. “Cowl” means the portion of the chassis in a Type C school bus that separates the school bus engine from the school bus driver’s compartment. “Cutaway van” means a chassis to which a completed driver’s compartment is attached before a school bus manufacturer adds a school bus body. “dB(A)” means decibels A scale, a term denoting that noise level has been adjusted to duplicate human hearing. “Department” means the Arizona Department of Public Safety. “Driver’s compartment” means the part of a school bus body that is separated from the passenger compartment by a barrier and contains the controls and instruments for the operation of the school bus.

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“Emergency-brake system” means mechanical components used to slow or stop a school bus after a failure of the service-brake system. “Emergency exit” means an opening in a school bus, including a door, push-out window, or roof hatch, used to unload passengers in the event of an occurrence that requires immediate evacuation of the school bus. “Employer” means a private business or school district that hires applicants and certified school bus drivers to operate school buses. “Forward-control chassis” means a chassis to which controls used to operate a school bus, including the brake, clutch and accelerator pedals, emergency brake, and steering wheel, are mounted as far forward on the chassis as possible and are attached before a school bus manufacturer adds a school bus body. “Frame” means the structural foundation upon which a school bus chassis is constructed. “Frontage road” means a street that parallels an interstate highway and furnishes access to streets and property that would otherwise be unreachable from the interstate highway. “Gross vehicle weight rating” means the value specified by the manufacturer as the maximum total loaded weight of a school bus, calculated in accordance with A.A.C. R17-9-106(26) R17-9-106(27). “Health care professional” means: A physician licensed to practice medicine under A.R.S. § 32-1401 et seq., osteopathy under A.R.S. § 32-1800 et seq., or chiropractic under A.R.S. § 32- 900 et seq.; A physician licensed to practice medicine, osteopathy, or chiropractic in a state contiguous to Arizona; A physician employed by the United States government and licensed by a state or territory of the United States; A physician assistant licensed under A.R.S. § 32-2501 et seq.; or A registered nurse practitioner licensed under A.R.S. § 32-1601 et seq. “Highway” has the same meaning as at A.R.S. § 28-101. “Identification” means the signs, lettering, or numbers placed on the interior or exterior of a school bus body, including the glass areas, but does not include the lettering, numbers, or logos of a manufacturer or distributor of the manufacturer’s product. “Ignition power-deactivation switch” means a device that when set causes the engine of a motor vehicle to stop operating if the transmission is placed into gear or the parking-brake system is released. “Interstate highway” means the designation given by the federal government to the system of highways connecting two or more states of the United States. “Lamp” means a device that is covered by a lens and used to produce artificial light. “Major defect” means a condition that exists to the interior or exterior of a school bus that causes the Department or owner to place the school bus out of service while the defect is being corrected. “Manufacturer” means an entity engaged in the manufacturing or assembling of a school bus chassis, school bus body, or school bus chassis and body. “Medical practitioner” has the same meaning as at A.R.S. § 32-1901. “Minor defect” means a condition that exists to the interior or exterior of a school bus that is not a major defect and allows the school bus to remain in operation while the defect is being corrected. “Off-duty” means the time a school bus driver is not on-duty. “On-duty” means the period between the time a school bus driver begins to work for the employer or is required to be ready to work for the employer until the time the school bus driver is relieved from work and all responsibility for performing work for the employer. The time on-duty is used only to determine when a school bus driver must be provided time off-duty. Time on-duty may be compensated by the employer or an entity other than the employer or may be uncompensated. On-duty includes: All time at an employer’s place of business, waiting to be dispatched. All time performing an operations check of a school bus in accordance with A.A.C. R17-9-108, or servicing or conditioning a school bus; All time driving a school bus, including loading or unloading the school bus, and remaining in readiness to drive a school bus; All time, at the direction of the employer, travelling but not driving a school bus or assuming any other responsibility to the employer. If the school bus driver is afforded at least eight consecutive hours off-duty upon arrival at the school bus driver’s destination after travelling but not driving a school bus or assuming any other responsibil-

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ity to the employer, the school bus driver shall be considered off-duty for the entire period travelling but not driving the school bus or assuming any other responsibility to the employer; All time repairing, obtaining assistance, or remaining in attendance upon a disabled school bus; All time preparing required reports and records; All time providing a breath or urine sample, including travel time to and from the collection site, to comply with the testing requirements of this Chapter; All time performing any other work for the employer; and All time performing any compensated work for any entity other than the employer. “Out of service” means a school bus cannot be used to transport passengers. “Owner” means the public or governmental agency or institution or private company in whose name a school bus is titled. “Parking-brake system” means mechanical components used to prevent the movement of a school bus while loading or unloading a passenger or when the school bus is parked. “Passenger” means an individual who rides in a school bus but does not participate in the operation of the school bus. “Passenger compartment” means that part of the school bus body that is separated from the school bus driver’s compartment by a barrier and holds the passengers to be transported. “Physical examination” means an evaluation of an applicant’s or school bus driver’s medical status performed by a health care professional according to this Article. “Physical examination form” means the Arizona Department of Transportation, Motor Vehicle Division, Medical Examination Report, which is used to record the results of a physical examination and may be obtained from the Department or Arizona Department of Transportation, Motor Vehicle Division. “Physical performance test” means an evaluation of an applicant’s or school bus driver’s reflexes, agility, and strength performed according to this Article. “Physical performance test form” means the document used to record the results of a physical performance test and may be obtained from the Department. “Push-out window” means safety glass enclosed in a frame on a school bus that moves to the outside of the school bus when force is applied to the window from inside the school bus. “Refresher training” means the courses required by the Department of each school bus driver to maintain certification as a school bus driver in Arizona. “Restraining barrier” means a structure located in front of any school bus seat that restricts the forward motion of a passenger. “Rub rail” means a horizontal steel bar attached to the outside of a school bus body used to reinforce the sides of the school bus. “Safety glass” has the same meaning as at A.R.S. § 28-959(F). “School” means a school as defined by A.R.S. § 15-101(19), accommodation school as defined by A.R.S. § 15- 101(1), charter school as defined by A.R.S. § 15-101(3), or private school as defined by A.R.S. § 15-101(18). “School bus” has the same meaning as at A.R.S. § 28-101. “School bus body” means a structure assembled upon a chassis designed to carry a school bus driver and passengers. “School bus driver” means an individual who is certified by the Department as meeting the requirements at A.R.S. § 28-3228 and A.A.C. R17-9-102 to operate a school bus in Arizona. “School district” has the same meaning as at A.R.S. § 15-101(20). “Service-brake system” means mechanical components used to slow or stop a school bus. “Service door” means a metal structure used to close the opening of a service entrance. “Service entrance” means an opening in a school bus used to load or unload passengers. “Special needs school bus” means a school bus that is designed to transport disabled passengers, some of whom may use a wheelchair, and is constructed with a service entrance and a special-service entrance. “Special-service entrance” means an opening in a school bus that accommodates a wheelchair lift for the loading or unloading of a passenger who uses a wheelchair. “Special-service entrance door” means a metal structure used to close the opening of a special-service entrance. “Street” has the same meaning as at A.R.S. § 28-101. “Traffic control signal” has the same meaning as at A.R.S. § 28- 601.

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“Training” means the instruction, courses, classes, or workshops provided by the Department or the employer that are required to obtain or maintain certification as a school bus driver or qualification as a classroom or behind-the-wheel instructor, or qualification to administer the physical performance test in Arizona. “Transport” or “transporting” means a school bus driver sets a school bus in motion to carry passengers or objects authorized by the school district to be carried in a school bus. “Type A school bus” means a van converted to a school bus body or a school bus body that is constructed upon a cutaway van, has a left side door for the school bus driver, and is designed to carry more than 10 individuals. Part of the engine is beneath the windshield and beside the driver’s seat and the service door is located behind the front wheels. A Type A school bus, which is sometimes called a Type A-II school bus, has a gross vehicle weight rating of 10,000 pounds or less a conversion bus constructed utilizing a cutaway front section vehicle with a left side driver’s door. This definition includes two classifications: Type A-1, with a Gross Vehicle Weight Rating (GVWR) of 14,500 pounds or less; and Type A-2, with a GVWR greater than 14,500 pounds and less than or equal to 21,500 pounds. “Type B school bus” means a school bus body that is constructed upon a cutaway van or a forward-control chassis, has a gross vehicle weight rating of more than 10,000 pounds, and is designed to carry more than 10 individuals. Part of the engine is beneath the windshield and beside the driver’s seat and the service door is located behind the front wheels. A Type B school bus is sometimes called a Type A-I school bus constructed utilizing a stripped chassis. The entrance door is behind the front wheels. This definition includes two classifications: Type B-1, with a GVWR of 10,000 pounds or less, and Type B-2, with a GVWR greater than 10,000 pounds. “Type C school bus” – also known as a conventional style school bus, means a school bus body that is installed either upon a chassis cowl with the engine located beneath or in front of the windshield and in front of the cowl or upon a forward-control chassis with part of the engine beneath the windshield and beside the driver’s seat. The service door is located behind the front wheels. The school bus has a gross vehicle weight rating of more than 10,000 pounds and is designed to carry more than 10 individuals constructed utilizing a chassis with a hood and front fender assembly. The entrance door is behind the front wheels. A Type C school bus may have a cutaway truck chassis or truck chassis with cab with or without a left side door and with a GVWR greater than 21,500 pounds. “Type D school bus” – also known as a rear engine or front engine transit-style school bus, means a school bus body that is installed upon a chassis with the engine mounted in front of the front axle, between the front and rear axles, or behind the rear axle. The school bus driver’s seat and the service door are located in front of the front wheels. The school bus has a gross vehicle weight rating of more than 10,000 pounds and is designed to carry more than 10 individuals constructed utilizing a stripped chassis. The entrance door is ahead of the front wheels. “Van” means a covered or enclosed truck. “Wheelchair” means a mobility aid consisting of a frame, seat, and three or four wheels, which is used to support and carry a disabled passenger. “Wheelchair lift” means an electric hydraulic mechanism and platform in a school bus used to raise and lower a passenger in a wheelchair. “Wheelchair-lift platform” means a horizontal surface upon which a wheelchair sits while being raised or lowered. “Wheelchair-passenger restraint” means a combination of a pelvic and an upper torso restraint, including buckles and fasteners, designed to secure a passenger in a wheelchair within a school bus. “Wheelchair-passenger restraint anchorage” means equipment for fastening wheelchair-passenger restraints to the interior of a school bus. “Wheelchair-securement anchorage” means equipment for fastening a wheelchair-securement device to a school bus floor. “Wheelchair-securement device” means a strap or webbing, including buckles and fasteners, used for fastening a wheelchair to a wheelchair-securement anchorage. “Wheelchair-securement system” means components used to fasten a wheelchair to the interior of a school bus, including a wheelchair-securement anchorage and a wheelchair-securement device. R17-9-102. Certification of School Bus Drivers A. Certification requirements. An individual shall not operate a school bus in Arizona without being certified by the Depart- ment. An applicant for certification shall: 1. Be a minimum of 18 years of age; 2. Submit all of the following to the Department through the employer: a. A completed fingerprint card and fingerprint card processing fee; b. An application signed and dated by the applicant that states the applicant’s: i. Name, home address and home phone number;

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ii. Any alias ever used by the applicant; iii. Social security Security number; iv. Date of birth; v. Arizona commercial driver license number; vi. Date of previous application for certification, if any; vii. Intended employer’s name; viii. Convictions for a felony or misdemeanor, if any, in this state or any other state; and ix. Total points accumulated against the applicant’s driving record during the two years immediately preceding the date of application using the point system contained in A.A.C. R17-4-404; c. Completed physical examination form, completed physical performance test form, and results of controlled substances testing; and d. A verification made under penalty of perjury that all submitted information is true and complete; 3. Possess a current Arizona commercial driver license under A.R.S. § 28- 3101; 4. Possess any Arizona driver license endorsement required under A.R.S. § 28-3103; 5. Meet the driving record requirements listed in this Article; and 6. Complete the training requirements listed in this Article. B. Physical examination 1. An applicant or school bus driver shall submit to a physical examination that is conducted by a health care professional in accordance with the physical examination form. An applicant or school bus driver is qualified to be certified as a school bus driver only if the health care professional conducts the physical examination in accordance with the physical examination form and concludes that the applicant or school bus driver has no condition that would interfere with the applicant’s or school bus driver’s ability to: a. Operate a school bus safely, b. Evacuate a school bus during an emergency or during a drill required under R17-9-104(D), and c. Perform the operations checks required under R17-9-108(D). 2. An applicant or school bus driver who is insulin dependent shall obtain the waiver described in A.A.C. R17-5-208. 3. An applicant shall submit the completed physical examination form and, if applicable, a copy of the waiver required under subsection (B)(2), to the Department through the employer. 4. The initial physical examination of an applicant, conducted in accordance with the physical examination form, expires 24 months from the date of the physical examination unless a shorter time is specified by the health care professional who administers the physical examination. A school bus driver shall submit to a physical examination before the expiration date of the previous physical examination and send the completed physical examination form to the Department through the employer before the end of the month in which the previous physical examination expires. 5. If a health care professional determines that further testing of an applicant or school bus driver is needed by an ophthalmologist or optometrist, the health care professional shall refer the applicant or school bus driver to: a. An ophthalmologist licensed under A.R.S. § 32-1401 et seq., b. An optometrist licensed under A.R.S. § 32-1701 et seq., c. An ophthalmologist licensed to practice ophthalmology or optometrist licensed to practice optometry by a state contiguous to Arizona, or d. An ophthalmologist licensed to practice ophthalmology or optometrist licensed to practice optometry by any state or territory of the United States and employed by the United States government. 6. In addition to the physical examinations required by this Article, the Department or the employer may require a physical examination of an applicant or school bus driver for an impairment that would affect the ability to perform the activities listed in subsection (B)(1). The Department or employer shall base its decision to require an additional physical examination upon consideration of the appearance or actions of the applicant or school bus driver or of medical information received by the Department regarding the applicant or school bus driver. The applicant or school bus driver shall submit results of a physical examination conducted under this subsection to the Department through the employer within 30 days of the date of the physical examination. C. Controlled substances and alcohol testing 1. An applicant or school bus driver shall submit to alcohol and controlled substances testing as required by A.R.S. § 28-3228(C)(2) and as prescribed by this Article and 49 CFR 382 (2003) October 2006 (no later amendments or editions)., which is The testing shall be conducted in accordance with the procedures at 49 CFR 40 (2003) October 2006 (no later amendments or editions), both published at the U. S. Government Printing Office, Superintendent of Docu- ments, Mail Stop: SSOP, Washington, D.C. 20402-9328, incorporated by reference and on file with the Department, except for the changes in 49 CFR 40 and 49 CFR 382 listed in subsections (C)(1)(a) through (C)(1)(i). a. 49 CFR 40.3 i. “Employee,” means an applicant or a school bus driver as defined at A.A.C. R17-9-101. ii. “Employer” has the same meaning as at A.A.C. R17-9-101. Volume 13, Issue 46 Page 3998 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

b. 49 CFR 382.107 i. “Commercial motor vehicle” has the same meaning as at A.R.S. § 28-3001(3). ii. “Driver” means a school bus driver as defined at A.A.C. R17-9-101. iii. “Employer” has the same meaning as at A.A.C. R17-9-101. iv. “Performing a safety-sensitive function” means any time during which a school bus driver is on-duty except when the school bus driver is being compensated by an entity other than the employer. v. “Safety-sensitive function” means any activity for which a school bus driver is on-duty except when the school bus driver is performing an activity for and being compensated by an entity other than the employer. c. 49 CFR 382.207. In both sentences, the word “four” is changed to “eight.” d. 49 CFR 382.301(b), (c), and (d): Delete these subsections. e. 49 CFR 382.303(a) and (b): Change the word “occurrence” to “accident,” as defined in R17-9-101, and delete the words “operating on a public road in commerce.” f. 49 CFR 382.303(a)(1) and (b)(1): Delete the words “if the accident involved the loss of human life;” g. 49 CFR 382.303(a)(2) and (b)(2): Delete the words “if the accident involved:” h. 49 CFR 382.303(a)(2)(i) and (ii) and (b)(2)(i) and (ii): Delete these subsections. i. 49 CFR 382.303 (c): In the table, in the column headed “Test must be performed by employer,” change “No” to “Yes.” 2. In addition to the testing required by 49 CFR 382, an applicant shall submit to testing for the use of marijuana, cocaine, opiates, amphetamines, phencyclidine, benzodiazepines, barbiturates, methadone, and propoxyphene by a procedure that is generally accepted in the scientific community to be accurate and reliable. 3. In addition to the testing required by 49 CFR 382, a school bus driver shall submit annually to testing for the use of marijuana, cocaine, opiates, amphetamines, phencyclidine, benzodiazepines, barbiturates, methadone, and propoxyphene by a procedure that is generally accepted in the scientific community to be accurate and reliable. 4. The employer shall ensure that a school bus driver is tested for use of marijuana, cocaine, opiates, amphetamines, phencyclidine, benzodiazepines, barbiturates, methadone, or propoxyphene or alcohol when required to do so by these rules or when requested by the Department. 5. The employer shall submit any and all negative results of testing done under subsection (C) to the Department within 30 days of the date of testing or within 12 months of the school bus driver’s previous test, whichever is sooner, by providing the Department a copy of the report submitted to the employer by the entity that conducted the testing. 6. The employer shall immediately notify the Department by telephone of any and all positive results of testing done under subsection (C) and shall submit to the Department within five days a copy of the report submitted to the employer by the entity that conducted the testing. D. Physical performance test 1. An applicant shall pass a physical performance test that consists of the following eight standards: a. Climbing and descending the steps of a school bus three times in 30 seconds; b. Alternately activating the throttle and the service-brake system of a school bus 10 times in 10 seconds; c. Depressing and holding the clutch, if applicable, and service-brake system of a school bus for three seconds, five consecutive times; d. Opening and closing a manually operated service door three times without stopping. If the school bus has an automatic service door, operate the manual override of the service door; e. Operating at least two hand controls, one on each side of the steering wheel, within eight seconds while maintaining control of a moving school bus; f. Starting in a seat-belted position, exit a school bus from the rear-most floor-level emergency exit within 20 seconds; g. Carrying or dragging a 125-pound object 30 feet in 30 seconds; and h. Lowering a 30-pound object from a floor-level emergency exit to the ground and lifting the same object from the ground to the school bus floor. 2. A school bus driver who is certified on the effective date of this subsection shall pass the physical performance test within one year from the effective date of this subsection. 3. A school bus driver shall pass the physical performance test again no later than 24 months after previously passing the physical performance test. 4. An applicant or school bus driver who fails the physical performance test may take the test again after 24 hours. An applicant or school bus driver may take the physical performance test no more than three times in 90 days. If an applicant fails the physical performance test on the third attempt, the Department shall not further consider the applicant for certification unless the applicant complies again with the requirements of this Section. 5. The employer shall ensure that a school bus driver who fails the physical performance test does not operate a school bus until the school bus driver passes the physical performance test.

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6. If a school bus driver takes and fails the physical performance test three times, the Department shall cancel the school bus driver’s certification. 7. An employer shall ensure that the physical performance test is administered by a person who has completed Depart- ment-authorized training, using the largest type of school bus that an applicant or school bus driver may be required to operate. 8. A person who administers the physical performance test shall either pass or fail the applicant or school bus driver taking the test, complete the physical performance test form, and submit the completed form to the Department and the employer within seven days of the physical performance test. E. Driving record. 1. During the 24 months before the date of application or during any 24-month period while certified as a school bus driver, an applicant or school bus driver shall not accumulate eight or more points against a driving record in this state using the point system contained in A.A.C. R17-4-404. 2. During the 10 years before the date of application, an applicant shall not have repeatedly received citations for violation of traffic law. F. Training requirements of a school bus driver 1. Before being certified by the Department as a school bus driver, an applicant shall complete a minimum of 14 hours of classroom training in the following: a. State and federal traffic laws, b. Behind-the-wheel driving operations, c. School bus driver’s responsibilities to passengers and school, d. Inspections and operations checks, e. Records and reports, f. Special needs transportation, and g. Accidents and emergencies. 2. An employer shall ensure that classroom training is taught by a classroom instructor who is qualified under R17-9- 103. 3. At least seven days before classroom training, the classroom instructor shall notify the Department in writing of the date, time, and location of classroom training. The classroom instructor shall notify the Department by any means available at least 24 hours before the date, time, or location of classroom training is changed or canceled. 4. After completion of classroom training, the classroom instructor shall administer to the applicant a written examination standardized by the Department. a. The written examination shall consist of a combination of 50 true or false, multiple choice, and fill-in-the-blank questions. The examination questions shall cover the topics listed in subsection (F)(1). b. Each question has a value of two points. To pass the examination an applicant shall receive a score that equals or exceeds 80% of the total possible score. c. If an applicant is unable to read or speak English, the employer shall arrange to have the examination administered orally to the applicant in the language with which the applicant is most familiar. d. If an applicant does not pass the examination on the first attempt, the applicant may take an examination two more times within 12 months of the first attempt. A different examination shall be administered to an applicant who is taking an examination for the second or third time. The period between examinations shall be a minimum of 24 hours. If the applicant fails the examination on the third attempt, the applicant shall be considered further only if the applicant complies again with the requirements in this Section. 5. The classroom instructor shall submit the following information in a written report to the Department and the employer within seven days from the date of the conclusion of a classroom training course: a. Instructor’s name, b. Instructor’s identification number, c. Date of training, d. Location of training, e. Number of hours of training taught by the classroom instructor, f. Each applicant’s name, and g. Each applicant’s examination score. 6. In addition to the report required under subsection (F)(5), the classroom instructor shall maintain and submit to the employer within seven days from the conclusion of a classroom training course, a classroom-training course log that includes: a. Instructor’s name, b. Instructor’s identification number, c. Date of the training course, d. Name of each applicant attending the training course, e. Subject matter taught in each hour, and Volume 13, Issue 46 Page 4000 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

f. Which hours of training were attended by each applicant. 7. In addition to the classroom training, an applicant shall complete behind-the-wheel training consisting of a minimum of 20 hours operating a school bus in Arizona. a. An employer shall ensure that behind-the-wheel training is taught by a behind-the-wheel instructor who is qualified under R17-9-103. b. During behind-the-wheel training, a behind-the-wheel instructor shall be present and observing the applicant while the applicant is operating the school bus. c. The employer shall ensure that no one except the applicant, behind-the-wheel instructor, employer, and Depart- ment employees are aboard the school bus while the applicant actually operates the school bus. d. The behind-the-wheel instructor shall maintain and submit to the employer within seven days from the conclusion of the applicant’s behind-the-wheel training, a behind-the-wheel training log that includes: i. Instructor’s name, ii. Instructor’s identification number, iii. Applicant’s name, iv. Date of each behind-the-wheel training session, and v. Actual number of hours at each training session that the applicant operates a school bus. e. At the conclusion of behind-the-wheel training, the behind-the-wheel instructor shall use a copy of the Proof of Completion of Behind-the-wheel Training and Driving Test form to administer to the applicant the driving test described on the form. The driving test shall measure the applicant’s ability to operate a school bus safely and in a manner consistent with state law. The behind-the-wheel instructor shall either pass or fail the applicant and submit the completed form to the Department and the employer within seven days of the driving test. G. First aid and cardiopulmonary resuscitation 1. Before being certified, an applicant shall complete classroom instruction in cardiopulmonary resuscitation and basic first aid. The instruction in cardiopulmonary resuscitation shall include performing cardiopulmonary resuscitation on adults, children, and infants. 2. The instruction shall be conducted by an individual currently certified as an instructor in first aid and cardiopulmonary resuscitation by a program approved by a nationally recognized organization such as the American Heart Asso- ciation, American Red Cross, National Safety Council, American Safety and Health Institute, or Arizona Bureau of Mines; by an emergency medical technician licensed by Arizona; or by an agency of the U.S. government. 3. An applicant shall submit to the Department, through the employer, a copy of the front and back of the first-aid card and cardiopulmonary resuscitation card issued to the applicant or other written documentation as proof of completion of the first-aid and cardiopulmonary resuscitation training. 4. A school bus driver shall renew first-aid and cardiopulmonary resuscitation instruction before expiration of the current training. Renewal instruction shall be provided by an individual described in subsection (G)(2). The school bus driver shall submit to the Department, through the employer, a copy of the front and back of the first-aid card and cardiopulmonary resuscitation card or other written documentation as proof of renewal of training. H. The Department shall process an application for certification as a school bus driver under R17-9-109. I. Refresher training 1. A school bus driver shall have refresher training no later than 24 months following completion of the training required by subsection (F). Refresher training shall consist of a minimum of 6 1/2 hours of classroom training in the topics listed in subsection (F)(1). 2. After completing the first refresher training, the school bus driver shall complete a minimum of 6 1/2 hours of classroom training in the topics listed in subsection (F)(1) every 24 months following the last refresher training. 3. An employer shall ensure that refresher training is taught by a classroom instructor who is qualified under R17-9-103. 4. A classroom instructor shall teach refresher training and shall submit the following information in a written report to the Department and the employer within seven days from completion of the refresher training: a. Instructor’s name, b. Instructor’s identification number, c. Date of training, d. Location of training, e. Number of hours of training taught by the classroom instructor, f. Each school bus driver’s name, and g. Each school bus driver’s certification number. 5. In addition to the report required under subsection (I)(4), the classroom instructor shall maintain and submit to the employer within seven days from the conclusion of a refresher training course, a refresher-training course log that includes: a. Instructor’s name, b. Instructor’s identification number, c. Date of the refresher training course, November 16, 2007 Page 4001 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

d. Name and certification number of each school bus driver attending the refresher training course, e. Subject matter taught in each hour, and f. Which hours of refresher training were attended by each school bus driver. J. Records 1. The employer shall maintain qualification and training records of an applicant who is certified and of a school bus driver who terminates employment, and qualification records of an applicant who is denied certification, for 24 months from the date of certification, termination of employment, or denial of certification. 2. The employer shall maintain records of testing required under subsection (C) in accordance with 49 CFR 382.401., October 2006 (no later amendments or editions), published at the U. S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328, incorporated by reference, and on file with the Department. In this subsection, “controlled substances,” as used in 49 CFR 382.401, means marijuana, cocaine, opiates, amphetamines, phencyclidine, benzodiazepines, barbiturates, methadone, and propoxyphene. 3. The employer shall transfer the records of a school bus driver to a subsequent employer upon written request by the subsequent employer or school bus driver. 4. Qualification records include: a. Application, b. Driving record, c. Copy of physical examination form, and d. Physical performance test form. 5. Training records include: a. A copy of the classroom-training course log required under subsection (F)(6) that shows the applicant’s attendance, b. A copy of the refresher-training course log required under subsection (I)(5) that shows the school bus driver’s attendance, c. The classroom training examination score, d. The applicant’s behind-the-wheel training log, e. The Proof of Completion of Behind-the-wheel Training and Driving Test form, f. A copy of the first-aid card and cardiopulmonary resuscitation card or other written documentation of completion of first-aid and cardiopulmonary resuscitation training, and g. A copy of the school bus driver certification card issued by the Department. K. Denial, cancellation, or suspension of certificate 1. Based on an assessment of the totality of the circumstances, the Department may deny a certificate to an applicant or may cancel or suspend a certificate of a school bus driver for: a. Failing to meet or comply with the requirements of this Article; b. Being convicted of or subject to an outstanding warrant for any felony; c. Being convicted of or subject to an outstanding warrant for a any misdemeanor reasonably related to the occupation of a school bus driver including, but not limited to: i. Civil traffic violation (Citation for any moving motor vehicle violation, including but not limited to, violations of A.R.S. § 28-1591 et seq.); ii. Driving under the influence (A.R.S. § 28-1381 et seq.); iii. Any sexual offense (A.R.S. § 13-1401 et seq.); iv. Any abuse of a child (A.R.S. § 13-3623); or v. Use, sale, or possession of a controlled substance (A.R.S. § 13-3401 et seq.). d. Demonstrating behavior that endangers the educational welfare or personal safety of students, teachers, or school bus drivers or other co-workers; d.e. Providing false, incomplete, or misleading information to the Department; e.f. Driving or being in actual physical control of a school bus under a circumstance listed in A.R.S. § 28-1381(A); or f.g. Under A.R.S. §§ 28-3301 through 28-3322, having a commercial driver license canceled, suspended, revoked, or denied.; or h. Having a verified positive result to any controlled substance or alcohol test required by subsections (C)(1), (2), or (3), at any time. 2. Any conviction, violation, warrant, or other misconduct described in this Section shall be considered, whether or not the school bus driver was operating a school bus at the time of the conviction, violation, warrant, or other misconduct. 2.3. An applicant who is denied a certificate or a school bus driver whose certificate is canceled or suspended may request a hearing within 30 days from the date of receipt of the notice of the denial, cancellation, or suspension. The hearing shall be conducted according to the procedures contained in A.R.S. Title 41, Chapter 6, Article 10. 3.4. The Department shall inform an applicant who is denied a certificate or a school bus driver whose certificate is canceled or suspended of the amount of time that must elapse before the applicant or the school bus driver may reapply for certification. The Department shall include this information in the notice of denial, cancellation, or suspension and the notice of final order, if any, served on the applicant or school bus driver. In determining the amount of time Volume 13, Issue 46 Page 4002 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

that must elapse before reapplication, the Department shall consider: a. The seriousness of the offense leading to denial, cancellation, or suspension; b. The frequency with which the offense occurred; and c. The amount of time required to correct the offense. L. If a school bus driver is terminated from or leaves employment, the employer shall provide written notice to the Depart- ment within 30 days of the termination or leaving. If a school bus driver transfers employment from one employer to a second employer, within 14 days of the transfer the second employer shall provide written notice to the Department of the:

1. School bus driver’s name, 2. School bus driver’s certification number, 3. Name of the transferring employer, and 4. Effective date of the transfer. R17-9-103. Qualification of Classroom and Behind-the-wheel Instructors A. To be qualified as a classroom instructor, an individual shall: 1. Submit to the Department through the employer, the following two letters: a. A letter from, signed, and dated by the individual that states the individual’s: i. Name, home address and home phone number; ii. Social security Security number; iii. Date of birth; iv. Current employer’s name, address, and phone number; and v. Dates of all previous letters submitted under this subsection; and b. A letter from the current employer recommending that the individual be considered as a classroom instructor; and 2. Pass a written examination standardized by the Department: a. The written examination shall consist of a combination of 50 true or false, multiple choice, and fill-in-the-blank questions. The examination questions shall cover the topics listed in R17-9-102(E)(1) R17-9-102(F)(1). b. Each question has a value of two points. To pass the examination, an individual shall receive a score that equals or exceeds 90% of the total possible score. c. If an individual taking the written examination is unable to read or speak English, the employer shall arrange to have the examination administered orally in the language with which the individual is most familiar. d. If an individual does not pass the examination, the individual may take a second examination that is different from the first examination. e. If an individual fails to pass the second examination, the individual may receive further consideration by submitting again the letters required by subsection (A)(1) and taking the written examination required by this subsection. f. The employer shall submit each individual’s examination score to the Department within seven days from the date of the examination. B. To remain qualified as a classroom instructor, a classroom instructor shall teach a minimum of 12 hours of classroom or refresher training every 24 months from the date the classroom instructor is first recognized by the Department as qualified. C. To be qualified as a behind-the-wheel instructor, an individual shall: 1. Be certified continuously as a school bus driver in Arizona for the 12 months immediately before submitting the letters described in subsection (C)(2) and be employed as a certified school bus driver at the time of qualification as a behind-the-wheel instructor; 2. Submit to the Department through the employer, the following two letters: a. A letter from, signed, and dated by the individual that states the individual’s: i. Name, home address and home phone number; ii. Social security Security number; iii. Commercial driver license number; iv. Current employer’s name, address, and phone number; and v. Dates of all previous letters submitted under this subsection; and b. A letter from the current employer recommending that the individual be considered as a behind-the-wheel instructor; and 3. Pass a written examination standardized by the Department. a. The written examination shall consist of a combination of 50 true or false, multiple choice, and fill-in-the-blank questions. The examination questions shall cover the topics listed in R17-9-102(F)(1): b. Each question has a value of two points. To pass the examination, an individual shall receive a score that equals or exceeds 80% of the total possible score.

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c. If an individual is unable to read or speak English, the employer shall arrange to have the examination administered orally in the language with which the individual is most familiar. d. If an individual does not pass the examination, the individual may take a second examination that is different from the first examination. e. If an individual fails to pass the second examination, the individual may receive further consideration by submitting again the letters required by subsection (C)(2) and taking the written examination required by this subsection. f. The employer shall submit each individual’s examination score to the Department within seven days from the date of the examination. D. To remain qualified as a behind-the-wheel instructor, a behind-the-wheel instructor shall maintain certification as a school bus driver in this state and teach a minimum of 12 hours of behind-the-wheel training every 24 months from the date the behind-the-wheel instructor is first recognized by the Department as qualified. E. Records 1. The employer shall maintain the following records for each classroom and behind-the-wheel instructor for 24 months from the date the instructor is first recognized by the Department as qualified. a. Letter submitted under subsection (A)(1)(a) or (C)(2)(a), b. Letter of recommendation submitted under subsection (A)(1)(b) or (C)(2)(b), and c. Examination score. 2. The Department shall maintain the documents required under R17-9-102(F)(5) and (I)(4) for 24 months. F. The Department shall not recognize an individual as qualified to be a classroom or behind-the-wheel instructor if the individual: 1. Fails to meet or comply with the requirements of this Article; 2. Is convicted of or subject to an outstanding warrant for a felony; 3. Is convicted of or subject to an outstanding warrant for a misdemeanor reasonably related to the occupation of a school bus driver, including: a. Civil traffic violation (A.R.S. § 28-1591 et seq.); b. Driving under the influence (A.R.S. § 28-1381 et seq.); c. Any sexual offense (A.R.S. § 13-1401 et seq.); d. Any abuse of a child (A.R.S. § 13-3623); or e. Use, sale, or possession of a controlled substance (A.R.S. § 13-3401 et seq.); 4. Provides false, incomplete, or misleading information to the Department; 5. Drives or is in actual physical control of a school bus under a circumstance listed in A.R.S. § 28-1381(A); or 6. Under A.R.S. §§ 28-3301 through 28-3322, has a commercial driver’s license canceled, suspended, revoked, or denied. G. If a classroom or behind-the-wheel instructor is terminated from or leaves employment, the employer shall provide written notice to the Department within 30 days of the termination or leaving. If a classroom or behind-the-wheel instructor transfers employment from one employer to a second employer, within seven days of the transfer the second employer shall provide written notice to the Department of the: 1. Name of the classroom or behind-the-wheel instructor, 2. Identification number of the classroom or behind-the-wheel instructor, 3. Name of the transferring employer, and 4. Effective date of the transfer. R17-9-104. Minimum Standards for School Bus Operation A. A school bus driver shall perform operations checks of a school bus as required by A.A.C. R17-9-108. B. Loading or unloading of passengers: 1. As of February 16, 1996, an 8-lamp eight-lamp system as described in A.A.C. R17-9-107(15) R17-9-107(17) shall be installed on a school bus before it is introduced into Arizona. When preparing to stop a school bus on a street or highway, the school bus driver shall activate the alternately flashing amber lamps of an 8-lamp eight-lamp system or the alternately flashing red lamps of a 4-lamp four-lamp system for a minimum distance of 100 feet, in accordance with A.R.S. § 28-930(B). Whenever the school bus is stopped on a street or highway to load or unload passengers, the school bus driver shall deactivate the alternately flashing amber lamps and activate the alternately flashing red lamps of an 8-lamp eight-lamp system, and extend the stop arm and open the service door. 2. When a school bus driver stops the school bus to load or unload passengers, the school bus driver shall set the parking brake and place the transmission in neutral. 3. The distance between stops for the purpose of loading or unloading passengers shall be no less than 600 feet, unless the school determines that more frequent stops are necessary for safety. The school bus driver shall stop the school bus as near the right edge of the traveled portion of the street or highway as possible. 4. A school bus driver shall not load or unload passengers on the traffic side of the bus.

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5. When a school bus driver loads or unloads passengers who must cross a street or highway at a location other than an intersection, the passengers shall cross at least 10 feet in front of the front bumper of the school bus. The school bus driver shall not permit passengers who must cross a street or highway to be unloaded from the school bus until all traffic to the front and rear of the school bus is stopped. The school bus driver shall not move the school bus until all passengers have crossed the street or highway. 6. In intersections that use lighted traffic control signals, a school bus driver shall load or unload passengers no closer than 100 feet of the traffic control signal so the passengers may cross with the traffic control signal, either before or after the school bus proceeds. 7. In intersections without lighted traffic control signals, a school bus driver shall load or unload passengers no closer than 50 feet of the intersection so the passengers may cross at the intersection, either before or after the school bus proceeds. 8. A school bus driver shall not stop a school bus on an interstate highway for the purpose of loading or unloading passengers, except that: a. A school bus stop may be established on a frontage road that parallels an interstate highway if no passenger is allowed to cross a divided highway. b. A school bus may stop in a safety rest area as defined by A.R.S. § 28-7901(8) that is part of or adjacent to an interstate highway. 9. A school bus driver shall load or unload passengers on school grounds only in an area designated by the school and marked with a sign as a school bus loading area. 10. During loading or unloading of passengers at a designated school bus loading area at a school, the school shall restrict the loading area to school buses, passengers, and school employees assisting in the loading or unloading of passengers. 11. A school shall allow passengers in a designated school bus loading area only when the passengers are being loaded on or unloaded from a school bus. 12. A school shall designate all school bus loading areas at locations that prevent backing of the school bus. 13. In areas at a school not designated as a school bus loading area, a school bus driver shall not back upon or adjacent to the school grounds unless an individual authorized by the school bus driver directs the backing procedure while standing at the rear of the school bus in a position visible to the school bus driver. This provision does not apply to a school bus garage or school bus storage area where passengers are not allowed. 14. Immediately before a school bus driver engages in backing a school bus, the school bus driver shall sound the horn to warn motorists and pedestrians of the backing procedure. This provision does not apply if the school bus is equipped with an alarm that operates automatically when the school bus is backing. 15. In addition to the requirements for railroad grade crossings contained in A.R.S. § 28-853, a school bus driver shall comply with the following: a. Use hazard warning lights as described in A.R.S. § 28-947(D) within a minimum of 100 feet of a railroad grade crossing to warn motorists of an intended stop. b. Shut off any radio, compact-disc player, and other source of sound within 50 feet of a railroad grade crossing. c. Stop the school bus, with or without passengers aboard, at a railroad grade crossing when traffic at the railroad grade crossing is not directed by a police officer. d. While stopped at a railroad grade crossing at which traffic is not directed by a police officer, activate the noise suppression switch, completely open the service door and the window to the left of the driver and, by hearing and sight, determine that it is safe to cross. Before proceeding, close the service door. De-activate the noise suppression switch after crossing the tracks. e. Do not stop to load or unload passengers within 200 feet of a railroad grade crossing. This provision does not prohibit stops at a railroad station or on a highway that parallels the railroad tracks. 16. When a school bus driver loads a wheelchair passenger on a school bus, the school bus driver shall secure both the wheelchair and the wheelchair passenger using the systems described in R17-9-105(E). C. An employer shall not allow or require a school bus driver to drive a school bus nor shall a school bus driver drive a school bus: 1. For more than 10 hours after having been off-duty for a minimum of eight consecutive hours; 2. For any period after having been on-duty for 15 hours after having been off-duty for a minimum of eight consecutive hours; 3. After having been on-duty 60 hours in any seven consecutive days if the employer does not operate school buses for seven consecutive days; or 4. After having been on-duty 70 hours in any eight consecutive days if the employer operates school buses every day of the week. D. Other requirements: 1. A school bus driver shall wear a seat belt whenever the school bus is in motion. 2. While operating a school bus, a school bus driver shall wear closed-toe, closed-heel shoes that will not interfere with November 16, 2007 Page 4005 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

driving the school bus safely or performing other duties of the school bus driver. 3. A school bus driver shall comply with all state traffic laws while operating a school bus except that the school bus driver shall not exceed 65 miles per hour or the posted speed limit, whichever is less, when operating the school bus on an interstate highway. 4. Passengers Any person boarding or attempting to board a school bus, whether or not a passenger, shall comply with all instructions given to them by a school bus driver. If A a passenger or a non-passenger who boards or attempts to board a school bus and refuses to comply with the school bus driver’s instructions may be surrendered into the cus- tody of a person who is authorized by the school to assume responsibility for the passenger or non-passenger., the school bus driver may seek emergency assistance to remove the passenger or non-passenger from the school bus, or prevent the passenger or non-passenger from boarding. 5. All passengers shall sit with their backs against the seat backs, their legs facing towards the front of the school bus, and all parts of their bodies clear of all aisles whenever the school bus is in motion. 6. A school bus driver shall not transport in a school bus more passengers than the rated capacity stated by the school bus manufacturer. 7. A school bus driver shall close the service doors of a school bus before operating the school bus. The service doors shall remain closed whenever the school bus is in motion. 8. A school bus driver shall not place the transmission in neutral or coast with the clutch disengaged on a downhill grade. 9. The driver of a school bus equipped with a two-speed axle shall not shift the axle while descending any hill posted with grade warning signs. 10. A school bus driver shall ensure that a school bus is not fueled in a closed building, while the school bus engine is running or while passengers are on board. 11. A school bus driver or passenger shall not use tobacco in any form on a school bus. 12. A school bus driver shall not carry on a school bus or consume any beverage containing any alcohol while on-duty with the employer or within eight hours before going on-duty with the employer. 13. A school bus driver shall not eat or drink on a school bus unless the school bus is completely stopped. 14. A school bus driver shall not at any time carry on a school bus or use a controlled substance. 15. A passenger shall not carry on a school bus or consume while being transported in a school bus, any beverage containing any alcohol. 16. A passenger shall not carry on a school bus or consume while being transported in a school bus, any dangerous or narcotic drug, as defined in A.R.S. § 13-3401, unless: a. A medical practitioner authorized by the state to write a prescription for the dangerous or narcotic drug has prescribed the dangerous or narcotic drug for the passenger who is carrying or consuming it; b. The school district governing board establishes written policies and procedures regarding the administration of a dangerous or narcotic drug by a trained district employee to a passenger who is being transported in a school bus; and c. The parent or legal guardian of a passenger to whom a dangerous or narcotic drug is administered while being transported in a school bus provides prior written authorization for the dangerous or narcotic drug to be administered to the passenger by a trained district employee. 17. A school bus driver shall not assume responsibility for transporting any medication, whether prescription or over-the- counter, that belongs to a passenger. 18. A school bus driver shall not transport animals, insects, or reptiles in a school bus with the exception of service animals, as defined at A.R.S. § 11-1024(J), which assist disabled passengers. 19. Except for eyeglasses, a passenger or school bus driver shall not carry or transport glass objects on a school bus. 20. A school bus driver or passenger shall not carry on or transport in a school bus an explosive device, gun, knife, or other weapon as defined by school-district policy. 21. A passenger shall not place any part of the passenger’s body out of a school bus window or door except when exiting the school bus. 22. When instruments or equipment related to musical or athletic events are transported on a school bus, the school bus driver shall transport them as follows: a. Instruments or equipment shall not occupy seating space if needed for a passenger, b. Instruments or equipment shall not be placed in the school bus driver’s compartment or step-well of the school bus, c. Instruments or equipment shall be under the passenger’s control at all times or secured in the school bus, and d. Instruments or equipment shall not block an aisle or emergency exit of the school bus at any time. 23. A passenger who carries onto a school bus an object other than an instrument or equipment related to musical or athletic events shall control the object at all times or secure the object in the school bus. If the passenger is not able to control or secure the object in the school bus, the passenger shall not carry the object onto the school bus. 24. A school bus driver shall ensure that all objects inside the school bus are under a passenger’s control or secured in a Volume 13, Issue 46 Page 4006 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

manner that prevents the objects from causing physical injury to others or affecting the safe operation of the school bus. 25. A school bus driver shall not drive a school bus with a trailer or other vehicle attached to the school bus. 26. A school bus driver shall stop the school bus and check the wheels and tires for wear, damage, and inflation after every two continuous hours of driving. 27. All school buses shall have and school bus drivers shall use a two-way voice communication system. The two-way voice communication system shall only be used to assist the school bus driver with passenger transportation. 28. Except as provided in subsection (D)(27), a A school bus driver shall not wear an audio headset, earphones, or ear plugs, or use a cellular telephone use audio headsets, earphones, earplugs, Bluetooth devices, cellular phones, personal digital assistants, or other interactive wireless devices, whether or not hands-free, when the school bus is in motion operation. 29. Except when complying with R17-9-108(D), if a school bus driver leaves the driver’s compartment, the school bus driver shall set the parking-brake system, place a standard transmission in either first or reverse gear, place an automatic transmission in park or neutral, and turn off the ignition and remove the ignition key from an ignition that uses a key, or set the ignition power-deactivation switch of an ignition that does not use a key. 30. Each time a school bus driver unloads passengers and it appears that no passengers remain on the school bus, the school bus driver shall inspect the interior of the school bus for passengers remaining and objects left on the school bus. If the school bus is equipped with a child alert notification system as described in R17-9-106(6), the school bus driver shall complete all procedures required by the child alert notification system, in addition to the school bus driver’s inspection of the interior of the school bus. 31. At least twice during every school year, a school shall conduct an evacuation drill of a school bus at the school that includes every passenger who rides a school bus and is in school on the day of the evacuation drill. At least 14 days before an evacuation drill, a school shall submit to the Department a written notice stating the date, time, and location of the evacuation drill. Each school bus driver shall participate in a minimum of two evacuation drills during every school year. Evacuation drills shall include: a. Practice and instruction in the location, use, and operation of the emergency exits, fire extinguishers, first aid equipment, windows as a means of escape, and communication systems; b. Practice and instruction in when and how to approach, load, unload, and move away from the school bus a minimum of 100 feet; c. Instructions on how weather-related hazards affect emergency procedures; and d. Instructions on the importance of orderly conduct. 32. A white, flashing, strobe lamp as described in A.A.C. R17-9-107(15)(f) R17-9-107(17)(f) may be used only during conditions that produce low visibility or that are hazardous. 33. An owner shall ensure that no lock, except as provided in R17-9-107(8)(h) R17-9-107(10)(h), is installed on any school bus emergency exit or service door. 34. A school bus driver shall ensure that nothing obstructs or interferes with the use of any school bus emergency exit or service door. 35. A school bus driver, passenger, or school administrator shall immediately report to the employer any violation of these rules or state statutes that the school bus driver, passenger, or school administrator reasonably believes threatens the health, safety, or welfare of a passenger. E. Reports and recordkeeping: 1. Immediately following any accident involving a school bus, the school bus driver shall report the accident to the employer. 2. Immediately upon receiving notification of any accident involving a school bus, the employer shall notify the Depart- ment of the accident by telephone. The employer shall submit written verification of the accident to the Department within 72 hours of the telephone notification. 3. Immediately upon becoming aware of a violation of these rules or state statutes that a reasonable person could con- clude caused injury to or threatened the health, safety, or welfare of a passenger, the employer shall notify the Depart- ment of the violation by telephone. The employer shall submit a written report of the violation to the Department within 72 hours of the telephone notification. 4. No later than 14 days after an evacuation drill, a school district shall submit to the Department a written report of the evacuation drill identifying the school district, participating school, date, and number of participants. 5. From the date on which a record is created, the employer shall maintain for three years the following written records for each school bus driver: a. On a daily basis, the period of time each school bus driver is on-duty for the employer including the date, each start and quit time, and the total number of hours on-duty for the employer. b. On a daily basis, the total number of hours on-duty for an entity other than the employer during the previous seven days. 6. A school bus driver who performs any compensated work for an entity other than the employer shall provide the November 16, 2007 Page 4007 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

employer, in writing, the name and telephone number of the entity and the number of hours the school bus driver works each day for the entity. 7. A school bus driver who receives a citation, whether on-duty or off-duty, shall immediately inform the employer by telephone about the citation and shall submit a copy of the citation to the employer within five days. R17-9-105. Special Needs Standards A. General requirements: 1. As of February 16, 1996, before being introduced into Arizona, a school bus used for transporting disabled passengers shall comply with the minimum standards applicable to school buses and the specifications contained in this Sec- tion. A school bus used for transporting disabled passengers that was introduced into Arizona before that date shall comply with the minimum standards in these rules, including this Section, or those at A.A.C. R17-4-608. 2. Any school bus that is used for transporting a passenger who uses a wheelchair shall be equipped with a wheelchair lift. 3. A wheelchair lift shall be located on the side of the bus body opposite the school bus driver. The wheelchair lift shall not be attached to the exterior sides of the school bus and shall be confined within the school bus body when not extended. 4. Any school bus that is used for transporting disabled passengers shall be equipped with a belt cutter that is accessible only to the school bus driver. The belt cutter shall be secured in a location within reach of the school bus driver while belted into the driver’s seat. The school bus may be equipped with additional belt cutters. Additional belt cutters shall be accessible only to the school bus driver or adult aides or attendants. B. Special-service entrance: 1. A school bus used for transporting disabled passengers shall have a special-service entrance of a width and depth to accommodate a wheelchair lift. The special-service entrance shall have a minimum clear opening of 30 inches horizontally to allow for the passage of a wheelchair. 2. The special-service entrance shall be located on the side of the bus opposite the school bus driver and far enough to the rear of the school bus to prevent the special-service entrance door from obstructing the service door when the special-service entrance door is open. 3. A drip molding shall be installed above the special-service entrance to divert water from the special-service entrance. 4. The frame surrounding the special-service entrance shall provide support and strength at least equal to at the conventional service and emergency doors. C. Special-service entrance doors: 1. A school bus used for transporting passengers in wheelchairs shall provide a special-service entrance door not to exceed 45 50 inches in width. 2. Two doors shall not may be used for a special-service entrance on a school bus.,if the doors are equipped with a positive latching mechanism to prevent accidental opening. 3. The special-service entrance door shall be constructed to open toward the exterior of the school bus. A Type A school bus is exempt from this provision if its special-service entrance door is provided by the school bus chassis manufacturer. 4. The special-service entrance door shall have a fastening device attached to the school bus body to hold the special- service entrance door in an open position. 5. The special-service entrance door shall be weather-sealed by a rubber waterproof cushion affixed to the door or door frame. 6. Door materials, panels, and structural strength of a special-service entrance door shall be equivalent to the standards contained in A.A.C. R17-9-107 for a service door and an emergency door. Color, rub rail extensions, if installed, lettering, and all exterior features shall match adjacent sections of the school bus body. 7. The window in the special-service entrance door shall be made of safety glass, mounted in rubber a waterproof manner that is equal to the mounting of the other windows, and aligned with the side windows of the school bus. 8. A pressure switch shall be installed in the special-service entrance door frame that will actuate a green flashing lamp visible signal located in the school bus driver’s compartment when the ignition is in the “on” position to warn the school bus driver when the special-service entrance door is not closed. 9. A pressure switch shall be installed in the special-service entrance door frame so the wheelchair lift will not operate when the special-service entrance door is closed. D. Wheelchair lift: 1. A wheelchair lift shall be capable of lifting a minimum load of 800 pounds. 2. When the wheelchair-lift platform is raised to the maximum position, it shall be held in position by the wheelchair lift. 3. Controls shall be provided that enable an individual authorized by the school bus driver to activate the wheelchair lift from either inside or outside the school bus.

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4. The wheelchair lift shall be equipped so it may be manually raised or lowered in the event of a power failure to the wheelchair lift. 5. The wheelchair lift shall contain a safety device to prevent the wheelchair-lift platform from falling. 6. The wheelchair lift shall be constructed so it allows the wheelchair-lift platform to rest completely on the ground. 7. All edges of the wheelchair-lift platform shall be designed to restrain the wheelchair and prevent the feet of an individual in the wheelchair from becoming caught during the raising or lowering process. 8. A barrier shall be attached along the outer non-loading edges of the wheelchair-lift platform that will prevent the wheelchair from rolling off the wheelchair-lift platform when the wheelchair-lift platform is placed in any position other than completely extended on ground level. 9. A self-adjusting, skid-resistant plate shall be installed on the loading edge of the wheelchair-lift platform to reduce the incline from the wheelchair-lift platform to ground level. This plate shall be used as a restraining barrier on the loading edge of the wheelchair-lift platform. The wheelchair-lift platform shall be skid-resistant. 10. A school bus shall be provided with a battery to be used exclusively to operate the wheelchair lift. The electrical- charging system of the school bus shall charge the battery of the wheelchair lift. The wheelchair-lift battery shall not supply power to any other electrical system in the school bus body. 11.10. A school bus may be provided with a battery to be used exclusively to operate the wheelchair lift. A If a battery is installed for this purpose, an appropriate size circuit breaker or fuse shall be installed between the battery and the wheelchair-lift motor. meeting the wheelchair lift manufacturer’s specifications shall be installed between the battery and the wheelchair lift motor. The circuit breaker shall be located as close to the power source as possible, but not within the school bus driver’s compartment. 12.11. The wheelchair lift shall be equipped with an adjustable switch that limits the electrical power to the wheelchair-lift motor and a bypass valve to prevent pressure from building in the hydraulic system when the wheelchair-lift platform reaches the maximum up or down position. 13.12. A ramp may be carried on a school bus for use during an occurrence that requires evacuating the school bus. The ramp shall not be stored within the passenger compartment of the school bus. E. Wheelchair and wheelchair-passenger securement: 1. Each wheelchair in a school bus shall be secured in a forward-facing position. Medical equipment and supplies required to accommodate a disabled passenger shall be secured in a school bus by means of alterations approved by the Department in accordance with A.A.C. R17-9-108(G). 2. Each space designated for a wheelchair wheelchair-securement system location in a school bus shall be have a minimum clear floor area of 30 inches in width from the interior school bus wall to the aisle and a minimum of 48 inches in length. A wheelchair shall not be placed in a position that it prevents passage through the special-service entrance. 3. Each wheelchair-securement system shall have four full-length tracks, with an L-track four-point tie-down configuration. 3.4. The wheelchair-securement system shall provide a minimum of four wheelchair-securement anchorages attached to the school bus floor with a minimum of two anchorages located at the rear of the space designated for a wheelchair and a minimum of two anchorages located at the front of the space. 4.5. The wheelchair-securement system shall provide a minimum of one wheelchair-securement device located in each of the rear anchorages and a minimum of one wheelchair-securement device located in each of the front anchorages. 5.6. A wheelchair space shall have a minimum of one wheelchair-passenger shoulder restraint anchorage attached to the interior wall of the school bus and a minimum of two wheelchair-passenger restraint anchorages located at the rear of the space. 6.7. Each wheelchair space shall have one wheelchair-passenger restraint. A school bus equipped with a wheelchair-passenger restraint shall have the following information available on the school bus: a. A telephone number where information may be obtained about installation, repair, and parts; and b. Instructions regarding use of the restraint, including a diagram showing the proper placement of the wheelchair and positioning of securement devices and occupant restraints, including correct belt angles. F. Dome light: A dome light shall be placed in the interior ceiling of the school bus to illuminate the wheelchair lift area. The dome light shall be activated by a pressure switch located in the special-service entrance door or by a manually operated switch located in the interior of the school bus no more than one foot from the special-service entrance door. This switch shall be used exclusively for the dome light. G. Aisles: All aisles leading to an emergency door from any wheelchair space shall be a minimum of 30 inches in width. The emergency door opening shall be a minimum of 30 inches in width. H. Seating arrangements: All fixed seats in a special-needs school bus shall be forward facing. I. Emblem Emblems: A school bus used for transporting disabled passengers shall display a two wheelchair emblem Inter- national Symbol of Accessibility emblems. One emblem shall be placed below the upper window on the emergency door or below the window on the special-service entrance door, and the second emblem shall be placed below the windshield on the side of the bus or on the bumper opposite the school bus driver. The emblem emblems shall be made of blue, reflective material and be a minimum of 6 inches and a maximum of 12 inches in width and height and shall contain a reflective November 16, 2007 Page 4009 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

white wheelchair impression with a minimum of 1/8 in. reflective white border around the outer edges of the emblem emblems. J. Types A and B school buses used to transport disabled passengers shall comply with the specifications contained in this Section except: 1. A ramp may be installed in place of a wheelchair lift; 2. If a ramp is used, it shall be of a strength and rigidity to support a wheelchair, passenger, and individual attending the wheelchair passenger. The ramp shall be equipped with a barrier on each longitudinal side to prevent the wheelchair from leaving the ramp; 3. The floor of the ramp shall be covered with nonskid material; and 4. A ramp shall not be carried in the passenger compartment of a school bus. R17-9-106. Minimum Standards for School Bus Chassis As of February 16, 1996, the chassis of a school bus shall meet the requirements of this Section when the school bus is introduced into Arizona. The chassis of a school bus introduced into Arizona before that date shall meet the requirements of this Section or those at A.A.C. R17-4-609. 1. Air cleaner: An engine intake air cleaner shall be installed in the school bus that meets engine specifications defined by the school bus manufacturer. 2. Axles: The front and rear axles and suspension assemblies shall have a gross axle weight rating consistent with that stated by the chassis manufacturer on a notice located in the school bus driver’s compartment. 3. Back-up alarm: If installed, an alarm that emits a warning sound when the school bus is backing shall conform to the following: a. The alarm-signaling device shall be of electronic, solid state design and shall emit an audible sound of a minimum of 97 dB(A) measured at 4 ft., 0° access from the source of the sound. b. The alarm-signaling device shall be wired into the backup light circuits and shall emit sound automatically when the gear shift lever is in “reverse” position. c. The alarm-signaling device shall be attached to the school bus chassis or body behind the rear axle. 4. Brakes: a. A school bus with a manufacturer-designed passenger capacity of 60 or less shall be equipped with a service- brake system that uses compressed air, vacuum assist, or hydraulic assist. b. A school bus with a manufacturer-designed passenger capacity greater than 60 shall be equipped with a service- brake system that uses compressed air. c. In addition to the service-brake system, a school bus shall be equipped with a parking-brake system to keep the school bus from moving when parked. d. The service brakes in a compressed-air system shall be adjusted using the following criteria:

Type Outside Diameter of Air Chamber Brake Adjustment Limit 6 4 1/2 inches 1 1/4 inches 9 5 1/4 inches 1 3/8 inches 12 5 11/16 inches 1 3/8 inches 16 6 3/8 inches 1 3/4 inches 20 6 25/32 inches 1 3/4 inches 24 7 7/32 inches 1 3/4 inches 30 8 3/32 inches 2 inches 36 9 inches 2 1/4 inches e. The service brakes in a “long stroke” clamp type brake system shall be adjusted using the following criteria:

Type Outside Diameter of Air Chamber Brake Adjustment Limit 12 5 11/16 inches 1 3/4 inches 16 6 3/8 inches 2 inches 20 6 25/32 inches 2 inches 24 7 7/32 inches 2 inches 24* 7 7/32 inches 2 1/2 inches 30 8 3/32 inches 2 1/2 inches * For 3" maximum stroke type 24 chambers e.f. The service-brake system in a compressed-air system shall contain an emergency-brake system that will activate Volume 13, Issue 46 Page 4010 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

when the air loss in the service-brake system reaches 20 to 45 40 pounds per sq. in. f.g. A school bus using a compressed-air, vacuum-assist, or hydraulic-assist service-brake system shall be equipped with a signal located in the school bus driver’s compartment that emits a continuous audible or visible warning to the school bus driver when: i. The air pressure available in a compressed-air braking system is 55 60 pounds per sq. in. or less;, or ii. The vacuum available for braking in a vacuum-assist system is 8 inches of mercury or less; or iii.ii.There is a loss of fluid flow from the main hydraulic pump or loss of electric source powering the back-up system in a hydraulic-assist system. g.h. A school bus using a compressed-air or vacuum-assist service-brake system shall be equipped with one or two illuminated gauges located in the school bus driver’s compartment that show the pounds per sq. in. of compressed air or the inches of mercury vacuum available for the operation of the brake. h. A vacuum-assist brake system shall have a vacuum storage reservoir used exclusively for the brakes to ensure that the loss in vacuum is not more than 30% when the brake pedal is completely depressed while the engine is not running. i. A compressed-air or vacuum-assist brake system with a dry reservoir shall have a 1-way one-way valve that will prevent the loss of compressed air or vacuum between the dry reservoir and the source of vacuum or compressed air. j. A brake system with a wet reservoir shall have a valve located at the bottom of the wet reservoir that operates automatically or can be operated remotely or manually to eject the moisture from the reservoir. k. Compressed-air, vacuum-assist, or hydraulic-assist brake lines and booster-assist lines shall be installed in a manner that prevents heat, vibration, and chafing damage. l. The brake systems of Types C and D school buses shall be installed so the chassis components can be visually inspected to detect brake lining wear without removal of any of the chassis components. 5. Front bumper: The front bumper shall be positioned at the forward-most part of the school bus and extend to the outer edges of the school bus. 6. Child alert notification system. A school bus may be equipped with an electronic or mechanical child alert notification system. If a school bus is equipped with a child alert notification system, the device shall be installed in a manner that does not interfere with any other existing operating or electrical component. A child alert notification system in a school bus shall not have an override or bypass capability. 6.7. Clutch: The clutch torque capacity shall be equal to or greater than the engine torque output. 7.8. Color: The chassis, including wheels and front bumper, shall be painted black. The hood and fenders shall be painted National School Bus Yellow as described in A.A.C. R17-9-107(5) R17-9-107(6). 8.9. Cooling system: A school bus shall be equipped with a cooling system that maintains the engine temperature operating range required to prevent damage to the school bus engine. 9.10. Drive shaft: Each section of the drive shaft to the rear driving axle shall be protected by a metal guard around its cir- cumference to reduce the possibility of the drive shaft penetrating through the school bus floor or dropping to the ground. 10.11. Electrical system: a. Battery: i. The battery shall have a minimum cold-cranking capacity rating equal to the cranking current required by the engine for 30 seconds at 0° F. and a minimum reserve capacity rating of 120 minutes at 25 amperes. ii. The battery shall have a higher capacity than specified in subsection (11)(a)(i) if optional equipment installed on the school bus requires the higher capacity. iii. Because all batteries are to be secured in a sliding tray in the bus body as required by R17-9-107, chassis manufacturers shall mount batteries temporarily on the chassis frame, except that a van conversion or cutaway front-section chassis may be secured in accordance with the manufacturer’s standard configuration. However, in all cases the battery cable provided with the chassis shall have sufficient length to allow some slack, and shall be of sufficient gauge to carry the required amperage. b. Alternator: i. All alternators shall conform to the recommended practices of Standard J180, January 2002 (no later amendments or editions) published by the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, War- rendale, PA 15096-0001, which is incorporated by reference and on file with the Department. i. A Type A school bus shall have an alternator with a minimum charging rate of 90 amperes per hour. If the school bus is equipped with a wheelchair lift, the alternator shall have a minimum charging rate of 100 amperes per hour. ii. A Type B school bus shall have an alternator with a minimum charging rate of 100 amperes per hour. iii. Types C and D school buses shall have an alternator with a minimum charging rate of 120 amperes per hour and a minimum charging rate of 30 amperes at engine idle speed.

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ii. All Type A-2 and Type B buses with a GVWR of 15,000 pounds or less shall have an alternator with a minimum of 130 amps. iii. All Type A-2 and Type B buses with a GVWR over 15,000 pounds, and all Type C and D buses shall be equipped with a heavy-duty truck or bus-type alternator meeting Standard J180 which is incorporated by reference in subsection (11)(b)(i), having a minimum output rating of 130 amps, and shall produce a minimum current output of 50% of the rating at engine idle speed. The alternator may be either pad-mounted or hinge- mounted. iv. Buses equipped with an electrically powered wheelchair lift or air conditioning may be equipped with a device that monitors the electrical system voltage and advances the engine idle speed when the voltage drops to, or below, a pre-set level. v. A belt-driven alternator shall be capable of handling the rated capacity of the alternator with no detrimental effect on any other driven components. vi. A direct-drive alternator may be installed instead of a belt-driven alternator. vii. If the school bus is equipped with an air conditioning system, the alternator shall have a minimum charging rate of 160 amperes per hour. iv.viii. The alternator on a school bus shall contain a regulator to control the voltage to the battery. c. Wiring: i. All wiring shall conform to the current, recommended practices of the Society of Automotive Engineers Standard J1292, published October 1981 (and no future later amendments or editions), published by the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001, incorporated by reference and on file with the Department and the Office of the Secretary of State. ii. All wiring shall use a standard color or number coding and each chassis shall contain a wiring diagram that details the wiring of the chassis. iii. The chassis shall be equipped with a connection to provide electrical power to the school bus. The connection shall be located on the chassis cowl or on the engine compartment of a school bus designed without a chassis cowl. The connection shall contain terminals for the main 100 ampere body circuit, tail lamps, right- turn signal, left-turn signal, stop lamps, backup lamps, and instrument panel lights. The instrument panel lights shall have a rheostat control. 11.12. Engine horsepower: The gross vehicle weight rating of a school bus shall not exceed 185 pounds for each engine horsepower as published by the manufacturer on a notice located on the school bus engine. 12.13. Exhaust system: a. The exhaust pipe, muffler, and tailpipe shall be located under the school bus body and attached to the chassis. b. The tailpipe shall be constructed of a corrosion-resistant tubing material at least equal in strength and durability to 16-gauge steel tubing. c. The exhaust system on a gasoline-powered chassis shall be insulated from the fuel tank and fuel tank connections by a shield at any point where the exhaust system is 12 inches or less from the fuel tank or fuel tank connections. 13.14. Frame: a. A school bus frame shall be of a design and strength capable of supporting the gross vehicle weight of the school bus. b. A school bus frame shall not be altered for any purpose. c. Holes in top or bottom flanges of frame rails are not permitted except as provided by the manufacturer. There shall be no welding to the frame rails except by the chassis or body manufacturer or the manufacturer’s certified agent. d. The school bus frame shall not be cracked, loose, sagging, or broken. e. Brackets securing the cab or the body of the school bus to the frame shall not be loose, broken, or missing. f. The frame rail flanges shall not be bent, cut, or notched, except as specified by the manufacturer. g. All accessories mounted to the school bus shall be secured as specified by the manufacturer. h. Holes shall not be drilled in the top or bottom rail flanges, except as specified by the manufacturer. 14.15.Front fenders of a Type C school bus: The outer edges of the front fenders shall be wider than the outer edges of the front tires when the front wheels are in the straight-ahead position. 15.16. Fuel system: a. A school bus shall contain a fuel tank with a minimum 30-gallon capacity, with a minimum dispersion of 25 gal- lons of fuel to the engine. The fuel tank shall be vented to the outside of the school bus body so fuel spillage will not contact any part of the exhaust system. b. On a Type B, Type C, or Type D school bus, no portion of the fuel system that is located outside of the engine compartment, except the filler tube, shall extend above the top of the chassis frame. c. A fuel filter with replaceable element shall be installed between the fuel tank and engine. d. The fuel line that supplies fuel to the engine shall be located at the top of the fuel tank. 16.17. Horn: A school bus shall be equipped with at least one horn capable of producing a sound level between 82 and 102 Volume 13, Issue 46 Page 4012 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

dB(A) when tested according to the Society of Automotive Engineers Standard J377, published May 1998 March 2001 (and no future later amendments or editions) published by the Society of Automotive Engineers, Inc., 400 Com- monwealth Drive, Warrendale, PA 15096-0001, incorporated by reference and on file with the Department and the Office of the Secretary of State. 17.18. Instruments and instrument panel: a. The chassis shall be equipped with the following instruments: i. Speedometer,; ii. Odometer that will give accrued mileage to seven digits, including tenths of miles,; iii. Voltmeter or ammeter,; iv. Oil pressure gauge,; v. Water temperature gauge,; vi. Fuel gauge,; vii. Upper beam head lamp indicator,; viii. Brake system signal as required by A.A.C. R17-9-106(4)(f),; ix. Turn signal indicator,; and x. Air pressure or hydraulic gauge. b. The instruments shall be mounted on the instrument panel in the school bus driver’s compartment and visible to the school bus driver while seated in the driver’s seat. c. The instrument panel shall be equipped with a rheostat switch that controls the illumination to the instrument panel and the gear shift selector indicator. 18.19. Oil filter: A replaceable element or cartridge-type oil filter shall be provided with a minimum capacity that meets or exceeds the capacity recommended by the manufacturer of the school bus engine. 19.20. Openings: All openings in the floorboard and in the fire wall between the chassis and passenger compartment shall be sealed. 20.21. Splash guards: a. A school bus shall be equipped with rear fender splash guards constructed of flexible rubberized material. b. The splash guards shall be wide enough to cover the tire tread width, installed close enough to the tire tread surface to control side-throw of road surface material, and extend to within 8 inches of ground level. 21.22. Steering system: a. Power steering is required on all school buses manufactured after January 1, 1984. b. Bracing extending from the center of the steering wheel to the steering wheel ring shall not be cracked or missing. c. The distance of movement of the steering wheel between two points of resistance shall not be greater than the following when measured with the engine running:

Steering Wheel Diameter Power Steering Manual Steering 16 inches or less 6 3/4 inches 4 1/2 inches 18 inches 7 1/8 inches 4 3/4 inches 20 inches 7 7/8 inches 5 1/4 inches 22 inches 8 5/8 inches 5 3/4 inches d. There shall be clearance of at least 2 inches between the steering wheel and any object in the driver’s compartment. e. A non-adjustable steering column shall be fastened in a fixed position. An adjustable steering column shall be equipped with a locking mechanism. f. The steering gear housing shall not have loose or missing mounting bolts. There shall not be cracks in the gear housing or its mounting brackets. g. The connecting arm on the steering gear power source shall not be loose. h. The steering wheel shall turn freely in both directions. i. The steering system shall have a means for lubrication of all wear-points. 22.23. Suspension: a. Shock absorbers: i. A school bus shall be equipped with front and rear double-acting shock absorbers. Replacements to shock absorbers shall be made according to the specifications of the manufacturer’s part number as stamped on the shock absorber. ii. If a school bus is manufactured with tandem rear axles, rear shock absorbers are not required. b. Suspension springs system: i. Rear springs, if used, shall be of progressive type that adapt to variable weights.

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ii. Axles shall be mounted to suspension springs with U-bolts. i. Capacity of suspension assemblies shall be commensurate with the chassis manufacturer’s gross vehicle weight rating. ii. If leaf-type rear springs are used, they shall be a progressive rate or multi-stage design. 23.24. Tires and wheels: a. Tires and wheels shall have an accumulated load rating at least equal to the gross vehicle weight rating. b. Dual rear tires shall be provided on all school buses that have a gross vehicle weight rating of more than 10,000 pounds. c. Each tire on a particular axle shall be the same size. d. All tires on a school bus shall be bias or all tires on a school bus shall be radial and shall not differ more than one size between front and rear axles. e. On a Type C or D school bus, a spare tire, if present, shall be in a carrier mounted outside the passenger compartment. 24.25. Transmission: The school bus transmission shall have no fewer than three forward speeds and one reverse speeds speed. 25.26. Turning radius: a. A chassis with a wheelbase of 264 inches or less shall have a right and left turning radius of not more than 42 1/2 feet, as measured to the edge of the front tire at the outside of a circle as the school bus moves within the circle. b. A chassis with a wheelbase of more than 264 inches shall have a right and left turning radius of not more than 44 1/2 feet, as measured to the edge of the front tire at the outside of a circle as the school bus moves within the circle. 26.27. Weight: a. The gross vehicle weight of a school bus shall not exceed the chassis manufacturer’s gross vehicle weight rating for the chassis as recorded on a notice located in the school bus driver’s compartment. b. To calculate the gross vehicle weight of a school bus, add the chassis weight, the school bus body weight, the school bus driver’s weight, and the total seated passenger weight. i. For the purpose of calculation, the school bus driver’s weight is 150 pounds. ii. For the purpose of calculation, the passenger weight is 120 pounds per seated passenger. c. The weight distribution of a school bus on a level surface that is fully loaded according to the gross vehicle weight rating shall not exceed the front axle gross weight rating or rear axle gross weight rating as recorded on a notice located in the school bus driver’s compartment. R17-9-107. Minimum Standards for School Bus Body As of February 16, 1996, the body of a school bus shall meet the requirements of this Section when the school bus is introduced into Arizona. The body of a school bus introduced into Arizona before that date shall meet the requirements of this Sec- tion or those at A.A.C. R17-4-610. 1. Air conditioning system: The school bus may be installed with an air conditioning system. If installed, the air conditioning system shall: a. Be of a mechanical vapor compression refrigeration type; b. Be manufactured to conform to the requirements of Standard J639, June 2005 (no later amendments or editions) published by the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096- 0001, incorporated by reference and on file with the Department; c. Have sufficient power for simultaneous cooling, circulating, and dehumidifying the air; d. Be provided with refrigerant that is nontoxic, nonflammable, and non-explosive; e. Have all power and grounding installed according to the manufacturer’s specifications; and f. Have exhaust system exit from the rear of the vehicle, and extend to, but not more than 2 inches beyond the outer edge of the rear bumper. 1.2. Aisle: a. The center aisle of a school bus shall have a clearance of not less than 12 inches at the bottom of the seat cushion, increasing to 15 inches at the top of the seat backs. b. Aisles to side emergency doors shall have a minimum clearance of 12 inches which may be achieved by using flip-up type seats. 2.3. Auxiliary fan: a. An auxiliary fan, if installed, shall be placed in a location that does not obstruct the school bus driver’s view of any mirror located on the school bus. b. An auxiliary fan, if installed, shall be have a maximum of 6 inches in inch nominal diameter, with the fan blades covered by a protective cage. c. Each installed auxiliary fan shall be controlled by a switch that is independent of any other electrical system.

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3.4. Battery: a. A battery shall be secured to a slide-out or swing-out tray in a vented compartment in the school bus body, so the battery is accessible to the outside for servicing. If the battery compartment has a door that is not removable, the door shall be secured by a fastening device when the door is in an open or a closed position. If the battery compartment has a removable cover, the cover shall be secured by a fastening device when the cover is in place. b. The word “Battery” shall be printed in unshaded black letters that are no less than 1 in. and no more than 2 inches in height on the battery-compartment door or cover or immediately above the battery-compartment door or cover. c. Buses with a battery located under the engine hood are exempt from these provisions. 4.5. Belt cutter: A school bus with passenger seat belts shall be equipped with a belt cutter that is accessible only to the school bus driver having a full width handgrip and a protected, replaceable or non-corrodible blade. The belt cutter shall be mounted in a location accessible to the seated driver, and in an easily detachable manner. The belt cutter shall be accessible only to the school bus driver. 5.6. Color: a. A school bus body shall be painted National School Bus Yellow according to the following specifications and tolerances:

Description Reflectance Chromaticity YXY Centroid 41.5% .5139 .4434 V + Light Limit 42.9% .5139 .4427 V – Dark Limit 39.8% .5133 .4422 H + Green Limit 41.6% .5123 .4368 H – Red Limit 41.7% .5168 .4489 C + Vivid Limit 41.5% .5188 .4457 C – Weak Limit 41.5% .5095 .4405 b. The bumpers, lamp hoods, lettering, and rub rails on a school bus body shall be painted black. 7. Crossing control arm: a. A school bus may be equipped with a crossing control arm. If installed, all components and all connections of the crossing control arm shall: i. Meet the requirements set forth in Standard J1133, November 2004 (no later amendments or editions) published by the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096- 0001, incorporated by reference and on file with the Department; ii. Be mounted on the right side of the front bumper; iii. When opened, extend in a line parallel to the body side and aligned with the right side wheel; iv. Be weatherproofed; v. Incorporate system connectors (electrical, vacuum or air) at the gate and be easily removable to allow for towing of the school bus; vi. Be constructed of non-corrodible or nonferrous material, or treated in accordance with the school bus body sheet metal specification; vii. Have no sharp edges or projections that could cause injury or be a hazard to students; viii. Be rounded at the end of the crossing control arm; ix. Extend approximately 70 inches (measured from the bumper at the arm assembly attachment point) when in the extended position; x. Not extend past the end of the bumper when in the stowed position; xi. Extend simultaneously with the stop signal arm, activated by the stop signal arm control; and xii. Include a device attached to the bumper near the end of the arm to automatically retain the arm while in the stowed position. The device shall not interfere with the normal operations of the crossing control arm. b. An automatic recycling interrupt switch may be installed for temporarily disabling the crossing control arm. 6.8. Defrosters: a. Defrosting and defogging equipment shall direct a flow of heated air onto the windshield, the window to the left of the driver, and the glass in the viewing area directly to the right of the driver to eliminate frost, fog, and snow. b. The defrosting system shall conform to the Society of Automotive Engineers Standards J381, April 1994 Sep- tember 2000 (and no future later amendments or editions), and J382, June 1994 September 2000 (and no future later amendments or editions), both published by the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001 and incorporated by reference and on file with the Department and the Office

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of the Secretary of State. c. An auxiliary fan shall not to be used in place of a defrosting and defogging system. d. A portable heater shall not be used in place of a defrosting or defogging system. 7.9. Electrical wiring: a. All electrical wiring on a school bus shall conform to the standards contained in the Society of Automotive Engi- neers Standard J1292, October 1981 (and no future later amendments or editions), published by the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001 and incorporated by reference and on file with the Department and the Office of the Secretary of State. b. Electrical wiring that is coded by color shall be coded as follows: i. Left Rear Directional Light: Yellow ii. Right Rear Directional Light: Dark Green iii. Stoplights: Red iv. Back-up Lights: Blue v. Taillights: Brown vi. Ground: White vii. Ignition Feed, Primary Feed: Black c. Circuits: Electrical wiring circuits shall be protected by a fuse, or circuit breaker, or Field Effect Transistor and shall be coded by number or color on an electrical wiring diagram located in the driver’s compartment or the electrical access panel door. There shall be at least seven circuits as follows: i. Head, tail, stop, and instrument panel lamps; ii. Clearance and step-well lamps; iii. Dome lamps; iv. Ignition and emergency door signal; v. Turn signal lamps; vi. Alternately flashing signal lamps; and vii. Heaters and defrosters. d. All electrical wires passing through metal openings shall be protected by a non-metal grommet. e. Electrical wires not enclosed within the school bus body shall be fastened at intervals of not more than 18 inches. 8.10. Emergency exits: A door, push-out window, or roof hatch used as an emergency exit shall conform to the following: a. On the inside and outside of a school bus, the words “EMERGENCY EXIT” or “EMERGENCY DOOR” shall be printed in black, unshaded letters at least 2 inches high above an emergency door or push-out window and at least 1 in. high on a roof hatch. b. Each emergency exit shall open toward the exterior of the school bus and shall be labeled within 6 inches of the interior release mechanism with black lettering at least 3/8 of an in. high instructing how the exit is to be opened. c. On a Type A school bus with double rear doors used as emergency exits, the rear doors shall be secured with upper, center, and lower latches to the door frame. d. The upper portion of each door used as an emergency exit shall be equipped with a window made of safety glass with an area not less than 400 sq. inches. A door located in the rear end of the school bus used as an emergency exit shall also contain a lower window panel of safety glass of not less than 350 square inches. A Type A school bus that contains double rear doors used as emergency exits is exempt from this provision. e. There shall be no steps on the outside of the school bus leading to an emergency exit. f. A header pad filled with a material to protect against injury shall be attached to the top edge of the frame of a door used as an emergency exit. The header pad shall be a minimum of 3 inches wide and 1 in. thick and extend the full width of the door opening. g. Each emergency exit shall be equipped with a latch that opens from the inside of the school bus and is connected to an electrical buzzer audible in the driver’s compartment that actuates when the latch is being released. h. Except for interlock/barrel bolt devices, If if a lock is installed on an emergency exit, the lock shall be secured only by using a key and shall deactivate the ignition system of the school bus when locked. 9.11. Emergency equipment: a. All emergency equipment shall be mounted in the driver’s compartment or adjacent to either side of the service entrance and shall be readily accessible. If the emergency equipment is mounted within a closed compartment, the compartment shall be clearly labeled as containing the emergency equipment. b. Fire extinguisher: i. A school bus shall be equipped with a minimum of one 5-pound pressurized, dry, chemical fire extinguisher of a type rated not less than 2A-10-BC by the Underwriter’s Laboratories, Inc., as described by the National Fire Protection Association, Inc., One Batterymarch Park, Quincy, MA 02269, in NFPA 10: Standard for Portable Fire Extinguishers, published in 1998 2006 (and no future later amendments or editions), incorporated by reference and on file with the Department and the Office of the Secretary of State. ii. A pressure gauge shall be mounted on the fire extinguisher to be readable in its mounted position. Volume 13, Issue 46 Page 4016 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

iii. The operating mechanism of the fire extinguisher shall be sealed with a type of seal that will not interfere with the use of the fire extinguisher. c. Warning devices: A school bus shall have a minimum of three reflective triangle road-warning devices that comply with the standards at 49 CFR 571.125, October 1999 2006 (and no future later amendments or editions), published by the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328, incorporated by reference and on file with the Department and the Office of the Secretary of State. 10.12. Floor: a. The floor beneath the seats, including the tops of the wheel housings and the floor in the driver’s compartment shall be covered with fire-resistant floor-covering material having a minimum overall thickness of .10 inch. b. The aisle floor shall be covered with a fire-resistant ribbed or non-skid floor-covering material with a minimum thickness of .10 inch. c. The floor-covering material shall be bonded to the floor with a waterproof adhesive and shall not crack when subjected to changes in air temperature. 11.13. Handrail: A handrail at a school bus service entrance shall be secured to the school bus wall in a manner that causes the crevice formed by the distance between the handrail and the wall to pass the inspection procedure described by the National Highway Traffic Safety Administration, Washington, D.C. 20590, in School Bus Safety Assurance Pro- gram Recall Listing: January 1991 Through through June 1996 (and no later amendments or editions), incorporated by reference and on file with the Department and the Office of the Secretary of State. 12.14. Heating system: a. Heaters shall be of the hot-water type. b. The heating system shall be capable of maintaining bus interior temperatures as specified in the procedure set forth in Standard J2233, June 2002 (no later amendments or editions), published by the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001, incorporated by reference and on file with the Department. b.c. A minimum of one heater shall be a fresh-air or combination fresh-air and recirculating-air type. c.d. If more than one heater is used, additional heaters may be of recirculating-air type. d. The heating system shall be capable of maintaining a temperature throughout the bus of not less than 40° F. e. Each heater shall bear a name plate that shows the heater rating in accordance with School Bus Manufacturers Institute Standard No. 001, no publication date (and no future amendments or editions), published by the Truck Body and Equipment Association, Inc., 6530 Wisconsin Avenue, Suite 1220, Washington, D.C. 20015 and incorporated by reference and on file with the Department and the Office of the Secretary of State. The name plate with the heater rating constitutes certification that the heater performance is as shown on the plate. f.e. All heater hoses shall be secured in all areas of the school bus body and chassis to prevent wear due to vibration. Heater lines in the interior of the bus shall be covered by a protective shield to prevent scalding of the driver or passengers. g.f. Except on Type A school buses, the heater system shall include shutoff valves installed at the engine in the water pressure lines and return lines. 13.15. Identification: a. Only signs, lettering, and objects approved by state law or these rules shall appear on the interior or exterior of a school bus, including all glass areas. b. Each school bus owned by a school or a private company shall display either the name of the school and school number, if any, or the name of the private company on each exterior side of the school bus between the rub rails at the center line and seat cushion levels in black unshaded letters that are at least 5 inches in height. Addition- ally, a school bus owned by a private company that displays the name of the school and school number as described above, may display the company’s name on each exterior side of the school bus below the floor line in black unshaded letters that are a maximum of 2 inches in height. c. An identification number assigned to a school bus by an owner shall be placed on the front and rear bumpers of the school bus and on each exterior side of the school bus below the floor line rub rail and forward of the centerline of the school bus. The identification number on each bumper shall be National School Bus Yellow. The identification number on each exterior side shall be black. Each identification number shall be a minimum of 5 inches in height. d. In addition to an identification number, a school bus may be identified by an emblem placed on the loading side of the front bumper or the exterior wall of the loading side below the floor line rub rail and forward of the center line of the school bus, or both. The emblem shall be painted or decaled on or attached to a magnetic backing. e. In addition to an identification number, a school bus may display a route identification sign. If displayed, the route identification sign shall: i. Be installed with a heavy duty Velcro, magnetic, screw-type or similar fixture; ii. Be a minimum of 5 inches in height; and November 16, 2007 Page 4017 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

iii. Be located on a flat surface of the bus body, excluding glass. 14.16. Interior: If the ceiling is constructed with overlapping panels, the first panel placed in the ceiling shall be over- lapped by the following panel and each panel shall consecutively overlap to the rear end of the school bus. Exposed edges in the interior of the school bus shall be beaded, hemmed, flanged, or rounded to eliminate sharp edges. 15.17. Lamps and signals: a. All lamps on the exterior of a school bus shall conform to the provisions contained in 49 CFR 393.9 et seq. of the Federal Motor Carrier Safety Regulations, published October 1999, 2006 (and no future later amendments or editions) by published at the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328, incorporated by reference and on file with the Department and the Office of the Secretary of State. b. Interior lamps shall be provided that illuminate the center aisle and step well. c. Alternately flashing signal lamps: i. When a school bus is equipped with a 4-lamp four-lamp system, the system shall consist of two red alternately flashing signal lamps located one on the left and one on the right above the rear windows of the school bus and two red alternately flashing signal lamps located one on the left and one on the right above the windshield. ii. When a school bus is equipped with an 8-lamp eight-lamp system, the four red alternately flashing signal lamps shall be installed as described in subsection (14)(c)(i) and the four amber alternately flashing signal lamps shall be installed as follows: one amber alternately flashing signal lamp shall be located adjacent to each red alternately flashing signal lamp, at the same level, but closer to the vertical centerline of the school bus. The system of red and amber alternately flashing signal lamps shall be wired so the amber alternately flashing signal lamps are activated manually and the red alternately flashing signal lamps are activated automatically or manually. iii. The area around the lens of each alternately flashing signal lamp, and extending outward for 3 inches, shall be painted black. iv.iii. Except for LED lamps, Each each alternately flashing signal lamp shall be covered by a lamp hood. d. Turn signal and stop lamps: i. Except as provided in subsections (17)(d)(iii) and (17)(d)(iv), all school buses shall be equipped with amber side-mounted turn signals. The turn signal lamp on the left side of the bus may be mounted rearward of the stop signal arm and the turn signal lamp on the right side may be mounted rearward of the entrance door. i.ii. Except on Type A school buses, a school bus body shall be equipped with rear turn signal lamps that are at least 7 inches in diameter, or if the lamp shape is other than round, a minimum of 38 square inches of illuminated area. The lens area of the rear turn signal lamps on Type A school buses shall be at least 21 sq. inches. The rear turn signal lamps shall be connected to the hazard warning switch located in the driver’s compartment to allow the school bus driver to activate simultaneous flashing of turn signal lamps when needed as a traffic hazard warning. The rear turn signal lamps shall be located to the far left and right sides of the flat surface of the rear of the school bus body and below the rear window. ii.iii. A Type C school bus shall may have a double-faced turn signal lamp that is visible from the front and rear of the school bus and mounted on the tops or sides of both front fenders or shall may have a turn signal lamp mounted on the left and right sides of the grill and may have a turn signal lamp mounted on each side of the school bus body between the window line and the second rub rail and forward of the vertical centerline. iii.iv. A Type D school bus shall may have a turn signal lamp mounted at the front of the school bus body above each head lamp and may have a turn signal lamp mounted on each side of the school bus body between the window line and second rub rails and forward of the vertical centerline of the school bus. iv.v. A 7 in. diameter stop lamp, or if the lamp shape is other than round, a stop lamp with a minimum of 38 square inches of illuminated area shall be located toward the centerline and adjacent to each of the rear turn signal lamps. e. Backup lamps: A school bus shall be equipped with two backup lamps with clear lenses, located one on the right and one on the left rear panels below the rear windows. f. White flashing strobe lamp: If used on a school bus, a strobe lamp shall have a single clear lens that emits light 360 degrees around its vertical axis and shall be located on the longitudinal centerline of the school bus roof 1/3 to 1/2 of the distance forward from the rear of the school bus body unless this placement restricts the view of the strobe lamp. i. If the view of the strobe lamp is restricted when the strobe lamp is located 1/3 to 1/2 of the distance forward from the rear of the school bus body, the strobe lamp may be mounted immediately to the rear of the roof hatch. ii. The strobe lamp shall be controlled by a manual switch located in the driver’s compartment. iii. A pilot lamp shall be located in the driver’s compartment to show the school bus driver that the strobe lamp is activated. 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16.18. Mirrors: a. Interior mirror: The interior mirror shall be made of either laminated glass or glass bonded to a backing that will retain the glass in the event of breakage. The interior mirror in Types B, C, and D school buses shall be a minimum of 6 inches in height and 30 inches in length surrounded by a frame with rounded corners. The interior mirror in Type A buses shall be a minimum of 6 inches in height and 16 inches in length. b. Exterior mirrors: A school bus shall comply with the requirements contained in 49 CFR 571.111, as amended October 1999 2006 (and no future later amendments or editions), published at the U. S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D. C. 20402-9328, incorporated by reference and on file with the Department and the Office of the Secretary of State. 19. Noise suppression switch: A school bus shall be equipped with a manual noise suppression switch. Identification shall be provided on or adjacent to the switch, in order to clearly state its purpose and distinguish it from other controls. This switch shall be an on-off type that deactivates body equipment that produces noise, including, at least, the AM-FM radio, heaters, air conditioners, fans, and defrosters. This switch shall not deactivate safety systems, such as windshield wipers or lighting systems. 17.20. Overall length: The overall length of a school bus shall not exceed 40 45 feet excluding mirrors including accessories. 18.21. Overall width: The overall width of a school bus shall not exceed 102 inches excluding mirrors. 19.22. Rear bumper: a. The rear bumper shall be made of a minimum of 3/16 in. thick pressed steel that is a minimum of 8 inches in total height. b. The rear bumper shall be wrapped around the back corners of the bus and shall extend toward the front of the school bus for at least 12 inches as measured from the rear-most point of the school bus body at the floor line. c. The rear bumper shall be attached to the chassis frame and braced to support the rear corners of the bumper. d. The rear bumper shall extend at least 1 in. beyond the rear-most part of the school bus body as measured at the floor line. e. The rear bumper shall not be equipped with footholds or handles. f. A Type A school bus equipped with the chassis manufacturer’s rear bumper is exempt from subsections (18)(a) (22)(a) through (18)(c) (22)(c). 20.23. Restraining barrier: a. The restraining barrier shall be a minimum of 38 inches high as measured from the interior floor of the school bus to the top of the restraining barrier. b. The restraining barrier shall be the same width as the seat directly behind the restraining barrier. 21.24. Rub rails: a. There shall be no fewer than two rub rails located on a school bus as follows: i. One rub rail shall be located on each side of the school bus approximately at seat cushion level and shall extend from the rear post of the service door frame completely around the school bus body, excluding the emergency door, to the front post of the school bus driver’s window. ii. One rub rail shall be located on each side of the school bus approximately at the floor line and shall extend from the rear post of the service door frame to the rear corner post of the school bus body and from the front post of the school bus driver’s window to the rear corner post on the driver’s side. b. Rub rails are not required on emergency doors, special-service entrance door, access panels and compartment doors, and wheel well openings. c. Each rub rail shall be attached on the outside of the school bus body at each structural post in the school bus body. d. Each rub rail shall be a minimum of 4 inches in width and constructed of corrugated or ribbed 16-gauge steel. 22.25. Seat belt for school bus driver: A seat belt for the school bus driver shall be installed in the driver’s compartment. The seat belt shall be equipped with a retractor on each side of the school bus driver’s seat to keep the seat belt retracted and off the floor when not in use. 23.26. Seats: a. Each seat shall have a minimum depth of 15 inches measured from the front of the seat cushion to the seat back. b. Each seat shall be a minimum of 38 inches in height measured from the interior floor of the school bus to the top of the back cushion. c. The distance between seats for the legs of passengers shall be 9" to 14" measured from the center back at seat cushion level of the first seat to the center front of the seat cushion of the seat immediately behind the first seat. c. Seat spacing shall meet the requirements of 49 CFR 571.222, October 2006 (no later amendments or editions), published at the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D. C. 20402-9328, incorporated by reference and on file with the Department. Seat spacing shall not be less than 24 inches between the front of a seat back cushion to the back surface of the cushion on the preceding seat. Seat spacing shall be measured at cushion height, at the center of the seat, on a plane parallel to the center line of the November 16, 2007 Page 4019 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

bus. The seat upholstery may be placed against the seat cushion padding, but without compressing the padding, before measurement is taken. d. The school bus driver’s seat shall be adjustable, without the use of tools, both vertically and horizontally for a minimum of 4 inches. Seats with vertical adjustments are not required on Types A and B school buses. 24.27. Service door: a. The service door shall be located on the right side of the school bus opposite the school bus driver and within direct view of the school bus driver when seated in the school bus driver’s seat. Types A and B school buses are exempt from this provision. b. The service door shall have a minimum horizontal opening of 24 inches and a minimum vertical opening of 68 inches. Type A school buses shall have a service door with a minimum opening of 1200 sq. inches. c. Windows in the upper and lower panels of the service door shall be made of safety glass. The bottom of each lower window panel shall be no more than 10 inches from the top surface of the lower step of the service entrance. The top of each upper window panel shall be no more than 6 inches below the top of the service door. Type A buses are exempt from this provision. d. To protect passengers’ fingers, a flexible rubber material shall be attached by number 10 3/4 in. metal screws to the opening and closing edges of the service door. Type A school buses are exempt from this provision. e. The service door shall open towards the exterior of the school bus. A Type A school bus is exempt from this provision if the service door is provided by the school bus chassis manufacturer. f. A header pad, filled with a material to protect against injury, shall be attached to the top edge of the frame of the service door. The header pad shall be at least 3 inches wide and 1 in. thick and extend the full width of the service entrance. g. A Type A school bus with the chassis manufacturer’s standard service entrance is exempt from subsections (27)(a) through (27)(d). 25.28. Steps: a. The risers of the steps in the service entrance shall be equal. When plywood is laid over the steel floor of the school bus, the height of the top step may be increased by the thickness of the plywood. b. The first step at the service entrance shall be no less than 10 inches and no more than 16 inches from the ground. c. Steps shall be enclosed in the school bus body. d. Steps shall not extend beyond the side of the school bus body. e. A handrail not less than 10 inches in length shall be provided inside the doorway. f. A Type A school bus with the chassis manufacturer’s standard service entrance is exempt from subsections (24)(a) through (24)(d). 26.29. Step treads: a. All steps, including the floor-line platform area, shall be covered with ribbed or non-skid floor-covering material that is mounted on a metal plate. b. The metal back of the step tread shall be a minimum 24-gauge cold rolled steel and shall be permanently bonded to the ribbed or non-skid material. c. If ribbed material is used, the ribbed design shall run from the risers toward the service entrance. Each step tread shall have a 1 1/2 in. white nosing. 27.30. Stirrup steps: There shall be a handle and at least one folding stirrup step or recessed foothold located on each side of the front of a school bus for accessibility for cleaning the windshield and lamps. Type A school buses are exempt from this provision. 28.31. Stop signal arm: a. School buses shall be equipped with a A stop signal arm on the left side of the school bus body that extends 90º from the school bus body when opened. shall be installed on the left side of the school bus body. b. The stop signal arm shall be either air or electrically driven, and meet the requirements of Standard J1133, November 2004 (no later amendments or editions) published by the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001, incorporated by reference and on file with the Department. b.c. The stop signal arm shall be an 18-in. 18-inch octagon, constructed of a red material that reflects light, with the word “STOP” printed on both sides in white letters not less than 5 inches high. Additionally, the word “STOP” may be illuminated by a light-emitting diode system on both sides of the stop signal arm. 29.32. Sun shield: An interior adjustable transparent sun shield or visor not less than 6" x 30" with a finished edge shall be installed over the windshield in the driver’s compartment. School buses with a gross vehicle weight rating of 10,000 pounds or less are exempt from this provision. 30.33. Tailpipe: a. If a rear exhaust is installed, the The tailpipe shall extend to, but not more than 2 inches beyond, the outer edge of the rear bumper.; If a side exhaust is installed, the tailpipe shall terminate flush with the outside edge of the school bus body in the rear half of the school bus. b. The tailpipe shall exit in the rear of the vehicle behind the rear drive axle, and shall be placed according to the Volume 13, Issue 46 Page 4020 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

manufacturer’s specifications; and c. The tailpipe shall not exit beneath any fuel filler location or beneath any emergency door. 31.34. Undercoating: a. The entire underside of the school bus body, including floor sections, cross members member and below-floor- line, and side panels, shall be coated with rust-proofing material for which the material manufacturer has issued to the bus body manufacturer notarized certification that materials meet or exceed all performance and qualita- tive requirements of paragraph 3.4 of according to the specifications contained in Federal Specification TT-C- 520B, Coating Compound, Bituminous, Solvent Type, Underbody (For Motor Vehicles), February 2, 1973 (and no future later amendments or editions), published by the General Services Administration acting as an agent for the Superintendent of Documents, Washington D.C. 20402, and incorporated by reference and on file with the Department and the Office of the Secretary of State. Modified test procedures shall be used for the following requirements: i. Salt spray resistance – test modified to 5% salt and 1,000 hours, ii. Abrasion resistance, and iii. Fire resistance. b. Test panels shall be prepared in accordance with paragraph 4.6.12 of Federal Specification TT-C-520B, with a modified procedure requiring that the test shall be made on a 48-hour air-cured film at a thickness recommended by the material manufacturer. b.c. Undercoating is not required on the underside of a fiberglass fender if the underside of the school bus is constructed of noncorrosive material. d. The undercoating material shall be applied with suitable airless or conventional spray equipment to the recommended film thickness and shall show no evidence of voids in the cured film. 32.35. Ventilation: An immovable, non-closing exhaust ventilator shall be installed in the school bus roof. 33.36. Wheel housing: a. The wheel-housing opening shall be large enough to allow for the removal of the tire and wheel. b. The wheel housing shall be constructed of 16-gauge steel or fiberglass of equal strength and sealed to the school bus floor. c. The wheel housing shall not extend more than 12 inches above the floor inside the school bus body and shall not extend into the emergency door opening. d. The wheel housing shall provide clearance for tire chains installed on the tires of the driving wheels. 34.37. Windows: Each side window in the passenger compartment of a school bus body shall provide an unobstructed opening of at least 190 sq. inches when the window is open. 35.38. Windshield washer system: A windshield washer system that provides an application of cleaning solution to the windshield shall be installed. 36.39. Windshield wipers: a. A windshield wiping system with a minimum of two speeds shall be provided. b. The windshield wipers shall be operated by one or more air or electric motors. R17-9-108. Inspection, Maintenance, and Alterations A. A school bus shall be inspected by the Department before the school bus is introduced into Arizona to transport passengers. 1. After inspecting a school bus, the Department shall place a decal that contains a number used by the Department to identify the school bus above the school bus driver’s side window in the driver’s compartment. This decal shall not be removed from the school bus while it is operated in Arizona except by the Department. Before the school bus is transferred or retired from service, the school bus owner shall contact the Department to have this decal removed. 2. If the Department finds that no major defect exists on a school bus, the Department shall place a safety inspection decal that contains the month and year of inspection on the right side of the centerline of the windshield of the school bus in a position that does not interfere with the school bus driver’s line of vision. 3. If the Department finds a major defect on the school bus, the Department shall place the school bus out of service. Before the school bus may be placed back into service, the Department shall reinspect the school bus to determine that the major defect has been corrected. If the major defect has been corrected, the Department shall place a safety inspection decal on the school bus in accordance with subsection (A)(2). 4. If the Department finds a minor defect on a school bus, the Department shall issue an inspection order, but the school bus may be operated to transport passengers while the minor defect is being corrected. A copy of the inspection order shall be returned to the Department within 15 working days from the date of inspection and shall show that the minor defect has been corrected unless, in accordance with the provisions of subsection (A)(5), the school bus owner obtains an extension of time to correct the minor defect. 5. Upon receipt of a written request from the school bus owner, the Department shall grant one or more extensions of time to correct a minor defect if:

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a. The school bus owner submits to the Department written documentation that the: i. School bus owner’s action or inaction did not cause or contribute to the delay in completing the repair; ii. School bus owner has secured a written estimated expedited delivery or completion date from the provider of the materials or services required to complete the repair; and iii. School bus owner made reasonable attempts to secure the materials or services, or materials or services of equivalent quality, at a substantially similar price from alternate sources; and b. The Department determines that an extension of time to correct the minor defect will not increase the probability of an accident involving the school bus or passengers or the risk of injury to the school bus driver or passengers. 6. Each extension of time shall be for 60 days or less. The Department shall determine the length of each extension of time after giving consideration to the information provided under subsection (A)(5)(a). When the minor defect is corrected, the school bus owner shall return to the Department a copy of the inspection order issued by the Department. 7. If a minor defect on a school bus is not corrected within 15 working days or at the end of an extension period, if applicable, the Department shall remove the safety inspection decal and the school bus shall be placed out of service until further inspection by the Department shows that the minor defect is corrected. B. The Department shall use the following criteria to determine whether a major or minor defect is present on a school bus introduced into Arizona on or after February 16, 1996. For a school bus introduced into Arizona before that date, the Department shall determine whether the school bus is in an unsafe condition by using the following criteria or those at A.A.C. R17-4-612. A defect that causes a school bus introduced into Arizona before February 16, 1996 to be in an unsafe condition shall be deemed a major defect as defined in this Article.

INSPECTION ITEM MAJOR DEFECT MINOR DEFECT Air conditioning system, if installed Missing hose covers or trim panels Broken or loose evaporator covers Missing air conditioning louvres Unsecured refrigerant hoses Loose or missing air conditioning Loose, missing or severely cracked mounting fasteners belts Refrigerant leaks from evaporators or hoses in the interior of the bus Broken compressor brackets Broken mounting bolts Electrical wiring hanging out of evaporator covers Missing evaporator covers Missing air diffusers Evaporators not secured to ceiling or bulkhead Alarm, back-up, if installed Not Working Low volume Not installed properly Not working Battery Not mounted according to the Incorrect or no identification (Types C and D buses only) manufacturer’s instructions Belt cutter Missing Absence of body fluid cleanup kit One or two items missing from body Body fluid cleanup kit Three or more items Any item missing fluid cleanup kit from body fluid cleanup kit

Volume 13, Issue 46 Page 4022 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

Brakes, compressed air Inoperative or missing visual or audible low air signal Compressed-air gauge missing Grease or oil leakage into brake system Exposed or damaged ply on any air hose Air capacity of less than 90 pounds per square inch at idle speed Wet-reservoir valve missing or inoperative Leaking, cracked, or broken hose or connection Audible air leak Pushrod exceeds limitation Low-air warning system does not activate at 55 60 psi and remain remains activated at less than 55 60 psi Brakes, vacuum-assisted Vacuum gauge missing Inoperative or missing visual or audible low vacuum signal Vacuum reservoir missing Vacuum system leak Grease or oil leakage into brake system Leaking, cracked, or broken hose or connection Brakes, hydraulic- Inoperative or missing visual or audible assisted signal Brakes, emergency-brake Inoperative system Does not activate when service brake system reaches 20 to 45 40 pounds per sq. in. Bumpers Break or rip Not painted black Loose bumper Foothold or handle present on rear bumper Cooling system Leak in system Fluid level in radiator not full Crossing control arm, if installed Has sharp edges or projections that could Not working injure a student Fails to open completely Will not retract Defroster Inoperative Ventilation opening blocked Drive shaft Absence of protective metal guard installed by the manufacturer around the drive shaft to any driving axle Dust boots Missing, torn, split, or loose around floor- mounted gear shift, parking brake handle, or steering column Emergency warning Missing more than 1 Missing 1 one devices Having fewer than two operable Emergency door Inoperative latch No header pad Broken or missing portion of seal around door Window not of safety glass Inoperative warning device Lock is not the ignition shut-off type

November 16, 2007 Page 4023 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

Emergency exit Inoperative warning device or latch on all Inoperative roof exit emergency exits except roof exit Not properly identified Header pad missing or damaged Broken seal around window Engine compartment Inoperative hood latch Deterioration of hose, belt, or wiring Deterioration of battery hold-down clamp, corrosive acid build-up on terminal Exhaust system Tailpipe terminates beneath the passen- Exhaust tailpipe extends more than 2 ger compartment inches beyond the outer edge of the Exhaust leak rear bumper or fails to terminate Exhaust tailpipe extends more than 2 flush with the outside edge of the inches beyond the outer edge of the rear school bus body in the rear half of bumper or fails to terminate flush with the school bus the outside edge of the school bus body Exhaust pipe bracket not attached to in the rear of the school bus the chassis and the tailpipe End of tailpipe pinched or bent Exterior paint Exposed metal or base primer Incorrect color Fire extinguisher Absence of fire extinguisher Not mounted in required position Not at full charge First-aid kit Absence of first-aid kit One or two items missing from first- Three or more items missing from first- aid kit aid kit Frame Crack in frame Cracked, loose, or missing body mount or body-mount bolt Welded repair not performed by body or chassis manufacturer or manufacturer’s certified agent Fuel system Fuel tank not mounted to the chassis frame or not vented to outside of engine compartment Fuel system extends above chassis frame (does not apply to filler tube or Type A bus) Fuel tank bracket cracked or broken Leaking tank or fuel line Fuel line attached to bottom of fuel tank Missing or improper fuel cap Handrail Handrail does not pass the inspection procedure described in R17-9-107(11) R17-9-107(13) Heating System Heater missing or inoperative Unsecured heater hose Inadequate heat-producing capacity Inadequate heat-producing capacity Heater line in interior of school bus not covered by protective shield Heater nameplate missing No shutoff valve Horn (Air or electrical) Missing or inoperative

Volume 13, Issue 46 Page 4024 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

Instrument panel Missing or inoperative ignition power- Inoperative gauge or switch deactivation switch if the ignition does Inoperative auxiliary fan switch not use a key. Any inoperative gauge or switch, except auxiliary fan switch Improper illumination Interior, aisles Incorrect clearance Interior seats Broken, cracked, exposed, or loose seat frame Screw or mounting bolt missing Interior, floor Hole Improper material covering Improper material Improperly bonded Improperly bonded Loose metal trim Lamps, clearance Inoperative Incorrect color Cracked, broken, or missing lens Dust behind lens Lamps, head Low beam inoperative One High high beam inoperative Not mounted as required by 49 CFR Inoperative dimmer switch on a bus 393.24 not operated when head lamps are Both high beams inoperative required Cracked, broken, or missing lens Lamps, back-up Inoperative Inoperative Incorrect color Cracked, broken, or missing lens Dust behind lens Lamps, interior Inoperative Over aisle Cracked, broken, or missing lens Lamps, interior Inoperative Cracked, broken, or missing lens Over step-well Lamps, turn signal Inoperative Cracked, broken, or missing lens Dust behind lens Incorrect size Incorrect location Lamps, strobe, Pilot or strobe lamp missing or Inoperative if installed inoperative Cracked, broken, or missing lens Cracked, broken, or missing lens Incorrect color Incorrect color Incorrect location Incorrect location Lamps, identification Inoperative Incorrect color Cracked, broken, or missing lens Dust behind lens Lamps, hazard Inoperative Lamps, stop Both inoperative One inoperative Cracked, broken, or missing lens Dust behind lens Lamps, tail Both inoperative One inoperative Cracked, broken, or missing lens Lamps, side marker Inoperative Incorrect color Cracked, broken, or missing lens Dust behind lens

November 16, 2007 Page 4025 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

Lamps, alternately One or more inoperative lamps Incorrect color flashing signal Lamp hood missing Cracked, broken, or missing lens Dust behind lens Lettering and numbering Missing any lettering or numbering Incorrect size, color, or location Unauthorized sign, letter, or subject Mirrors, cross-view Missing Broken or loose mounting Broken or clouded glass Mirrors Interior or exterior mirror missing Incorrect size Loose or broken mounting bracket Crack, break, or flaking of reflective material affixed to back of mirror glass Crack or break of mirror glass Loose or missing mounting bracket bolt or screw Incorrect size Do not meet safety standards contained in 49 CFR 571.111 Miscellaneous Object not secured inside the school bus Any item noted by the Department Any item noted by the Department that that needs to be repaired because it could cause injury or present a danger could interfere with the safe opera- to a passenger or school bus driver tion of the school bus but that is not a major defect Noise suppression switch Out of service Malfunctioning Parking brake Inoperative, missing part, or not in proper adjustment Restraining barrier Missing Incorrect size Loose Rub rails Missing more than 1 one Missing 1 one Loose or dangling Incorrect location Incorrect color Incorrect width School bus body Damage resulting in cut or rip to the Absence of undercoating exterior of school bus body Loose or missing rivet, screw, or bolt Hole that would allow exhaust gases or dust to enter the passenger compartment Bolt attaching body to chassis loose, broken, or missing Exceeds length or width limitations Seatbelt Absence of driver seat belt or inoperative Frayed seat belt material driver seat belt buckle or retraction system Frayed seat belt material Seats 1 One or more missing Torn seat cushions Incorrect size or location Driver seat does not meet requirements for adjustment Loose seat cushions Exposed frame

Volume 13, Issue 46 Page 4026 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

Service door Incomplete closing of door assembly Absence of flexible material on outer Does not contain safeguards to prevent edge of service door accidental opening Absence of header pad Window not made of safety glass Broken or cracked window panel Inoperative door control Does not open towards exterior of the school bus Scissors or butterfly door prohibited Absence of flexible material on outer edge of service door Absence of header pad Special needs Incorrect location or size of Drip molding not installed above the School bus special-service entrance special-service entrance Incorrect size of special-service entrance- Special-service entrance door not door weather-sealed Window not made of safety glass Incorrect color of door material or Inoperative pressure switch panel No safety device in wheelchair lift Lacks wheelchair emblem No restraining barrier on wheelchair-lift Missing fastening device for special- platform service entrance door Fails to provide wheelchair-securement Dome light missing or inoperative device or anchorage Special-service entrance door does not open towards exterior of school bus (except Type A school bus) Dome light missing or inoperative Splash guards Bottom edge of guard is more than 8 inches above the ground Does not cover entire width of single or dual tire Missing splash guard Steering Distance of movement not within param- Leakage of lubricant eters of R-17-9-106(21)(c) R-17-9- Power-steering belt cracked, frayed, 106(22)(c) or slipping Steering wheel does not move freely Fluid does not fill power steering when turning the wheel reservoir to the full level on the Missing or cracked steering-wheel ring or dipstick bracing from center of steering wheel to steering-wheel ring Steering column not in a fixed position or locking mechanism missing or inoperative on adjustable steering column Steering column mounting bracket cracked or missing Loose or missing mounting bolt in steering gear housing Loose connecting arm on steering gear power source Steps Loose or missing grab handle in step-well Incorrect distance between steps Missing stirrup step or handle Incorrect floor covering Stop signal arm Inoperative Any stop arm inoperative Incorrect lettering or color on stop Air leak signal arm If equipped with a light-emitting diode Incorrect size of stop signal arm system, 1 one or more lights missing Missing any stop arm

November 16, 2007 Page 4027 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

Sun shield or visor Broken, cracked, or missing Not transparent (if required) Suspension Broken, damaged, or missing suspension Leaking shock absorber part Crack or break in shock absorber U-bolt loose, broken, cracked, or missing mounting bracket Tires Tires on same axle not of the same size Combination of bias and radial tires Tires vary more than one size between axles Tires not correct size for gross vehicle weight rating of school bus Single rear tire on school bus with gross vehicle weight rating of more than 10,000 pounds Regrooved, recapped, or retreaded tire mounted on a front wheel Tread groove depth less than 4/32 of an inch, measured in a tread groove on a tire on a front wheel Tire is mounted or inflated so it comes in contact with any part of the school bus or other tire Tread groove depth less than 2/32 of an inch, measured in a tread groove on a tire on a rear wheel Bump, knot, or bulge present on any tire Sidewall is cut, worn, or damaged to the extent that ply cord is exposed Separation of tread from tire casing Exposed ply or belting on any tire Flat tire or audible leak from a tire on any wheel If present, spare tire on Type C or D school bus not mounted outside passenger compartment Ventilation Non-closing exhaust ventilator missing Wheel housing Incorrect size or construction of wheel housing or opening Wheels Not correct size for gross vehicle weight Not painted black rating of school bus Loose or missing lug nut Broken stud bolt Crack or welded repair in wheel assembly Windows Not of safety glass Inoperative latch Opening too small Cracked or broken Placement of non-transparent material Inoperative latch Windshield Placement of non-transparent material Crack, chip or pitting that does not Crack, chip, or pitting that interferes with interfere with the school bus the school bus driver’s vision driver’s vision Windshield washer Missing Low or no cleaning solution system

Volume 13, Issue 46 Page 4028 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

Windshield wipers Inoperative or missing wiper on school Inoperative or missing wiper on side bus driver’s side opposite the school bus driver Inoperative or missing wiper on side Inoperative speed control opposite the school bus driver Split or hardened wiper blade Wiring Incorrect color or number coding Electrical wires outside the school bus Wiring circuit not protected by fuse or body improperly secured circuit breaker One or more non-metal grommets missing Electrical wires outside the school bus body improperly secured C. A school bus shall be inspected every 12 months from the month and year stated on the safety inspection decal annually, according to a schedule established by the Department and the standards contained in subsections (A) and (B) and this subsection. 1. If the Department finds a major defect, the Department shall remove the current safety inspection decal and replace with a new safety inspection decal only after the major defect is repaired. 2. If the Department finds a minor defect, the Department shall remove the current safety inspection decal and replace with a new safety inspection decal and allow the school bus owner to make repairs in accordance with the provisions at A.A.C. R17-9-108(A)(4) through (A)(7). D. A school bus driver shall conduct perform the following operations checks and tasks on the of a school bus: 1. Before a school bus is operated for the first time each day, conduct a pre-trip operations check of the school bus to determine that the following are operational and are not damaged: a. All lamps, including alternately flashing, back-up, clearance, hazard, head, identification, interior, side marker, stop, tail, turn signal, and strobe lamps, if any, and emergency warning devices; b. Tires, wheels, and wheel fasteners; c. Service door; d. Steps and step wells; e. Emergency exits and signals; f. Emergency doors and signals; g. Wheelchair lift and wheelchair lift dome lamp; h. Wheelchair-securement devices; i. Wheelchair-securement anchorages; j. Special-service entrance door; k. Special-service entrance door signal; l. Windows; m. Windshield; n. Windshield wipers; o. Instrument panel and gauges; p. Service brakes; q. Service brake warning devices; r. Parking brake; s. Bumpers; t. Seats and seat frames; u. Floor coverings; v. School bus body; w. Engine fluid levels; x. Engine compartment steering components; y. Stop arm; z. Horn; aa. Mirrors; and bb. Engine fluid gauges.; cc. Noise suppression switch; dd. Child alert notification system, if installed; ee. Crossing control arm, if installed; and ff. Air conditioning system, if installed. 2. Each time a pre-trip operations check of a school bus is conducted, check all emergency equipment to determine that the emergency equipment complies with the standards at A.A.C. R17-9-107(9) R17-9-107(11) and R17-9-110.

November 16, 2007 Page 4029 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

3. Each time a school bus is operated subsequent to the first time the school bus is operated each day, conduct a walk- around operations check to determine whether there is an obvious engine fluid leak and the following are operational and are not damaged: a. All lamps listed in subsection (D)(1)(a); b. Tires, wheels, and wheel fasteners; c. Bumpers; d. School bus body; e. Windows; f. Stop arm; and g. Windshield. 4. After a school bus makes its final trip on each day or before the school bus makes it first trip on each day Once daily, sweep and clean the interior of the school bus. 5. After completing each operations check, the school bus driver shall complete the portions of a written monthly operations check report that provide the following information: a. Date and time of the operations check, b. Name of the school bus driver conducting the operations check, c. Name of the employer, d. Number assigned to the school bus by the school bus owner and painted on the outside of the school bus body, and e. Indication of whether an item is operational, inoperative, or damaged. 6. A school bus driver who performs an operations check and finds any item listed in subsections (D)(1) through (D)(3) inoperative or damaged shall immediately complete and submit a written repair order to the school bus owner through the employer. a. The school bus owner shall use the standards contained in subsection (B) to determine whether an item reported on a repair order as inoperative or damaged is a major or minor defect. b. If the school bus owner finds that a major defect exists, the school bus owner shall place the school bus out of service until the major defect is repaired. c. If the school bus owner finds that a minor defect exists, the school bus may be used to transport passengers, but the school bus owner shall repair the defect in accordance with the provisions at A.A.C. R17-9-108(A)(4) through(A)(7). Time in which to make the minor repair shall be calculated from the date of the written repair order. 7. After a school bus makes its final trip on the last day the school bus is driven in a particular month the school bus driver operating the school bus shall submit the written monthly operations check report to the school bus owner through the employer. E. In addition to the operations checks described in subsection (D), a school bus owner shall systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all parts of a school bus chassis and body described in Sections R17-9-106 and R17-9-107 and any other parts and accessories that may affect safe operation of the school bus. The school bus owner shall ensure that the maintenance of a school bus and repair of major defects is done by: 1. An ASE-certified technician, 2. An individual working under the supervision of an ASE-certified master school bus technician, 3. An individual with at least one year of participation in a school bus manufacturer-sponsored or commercial vehicle maintenance training program, or 4. An individual with at least one year of experience as a school bus mechanic. F. Records 1. A school bus owner shall maintain the following records in a separate file for each school bus for as long as the school bus is in operation in Arizona: a. Number assigned to the school bus by the school bus owner, b. Name of the school bus body manufacturer, c. Name of the school bus chassis manufacturer, d. Identification number of the school bus located in the driver’s compartment, e. Year the school bus body was assembled upon the school bus chassis, and f. Size of the tires placed on the school bus. 2. A school bus owner shall maintain all records of initial inspection, subsequent inspections, and repairs and maintenance procedures performed on the school bus for three years from the date of inspection, repair, or maintenance. The school bus owner shall ensure that all records of repairs and maintenance procedures include verification from the owner of the business responsible for the repairs and maintenance procedures that the individual who actually performs the repairs and maintenance procedures is qualified under subsection (E). 3. If a school bus is sold, the school bus owner shall transfer the records required by subsections (F)(1) and (F)(2) to the purchaser. Volume 13, Issue 46 Page 4030 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking

4. A school bus owner shall maintain monthly operations check reports for three months from the date of the report. G. Alterations 1. Before a school bus owner alters a school bus, the school bus owner shall submit a request in writing to the Depart- ment describing the proposed alteration and the reason for the proposal. 2. Within 60 days of receiving a request for alteration, the Department shall inform the school bus owner in writing whether the request has been approved or denied. The Department shall base its decision to approve or deny on an assessment of whether the proposed alteration affects the operations of a school bus, complies with the statutes and rules applicable to school buses, or affects the health, safety, or welfare of any individual. R17-9-110. First-aid Equipment No later than 180 days after the effective date of these rules, a school bus in Arizona shall meet the requirements of this Sec- tion. 1. First-aid and body-fluid cleanup kits shall be mounted in a school bus in accordance with R17-9-107(9)(a) R17-9- 107(11)(a). 2. First-aid kit: A school bus shall be equipped with a removable first-aid kit that has a weatherproofing seal around the lid to prevent moisture or dust from entering the first-aid kit, is clearly labeled as a first-aid kit, and contains the following: a. 2 Two – 1" x 2 1/2" yards adhesive tape rolls, b. 24 – Sterile gauze pads 3" x 3", c. 8 Eight – 2" bandage compresses adhesive bandages, d. 10 – 3" bandage compresses adhesive bandages, e. 2 Two – 2" x 6" sterile gauze roller bandages, f. 4 Four – Triangular bandages approximately 40" x 36" x 54" with two safety pins, g. 3 Three – Sterile gauze pads at least 24" x 24", h. 3 Three – Sterile eye pads, i. 1 One – Rounded-end scissors, j. 1 One – Pair of non-latex gloves, and k. 1 One – Mouth-to-mouth airway. 3. Body fluid or bloodborne-pathogen cleanup kit: A school bus shall be equipped with a removable body-fluid or bloodborne-pathogen cleanup kit that is sealed, clearly labeled as a body-fluid or bloodborne-pathogen cleanup kit, and contains the following: a. 1 One – Pouch of solidifier with chlorine, b. 1 One – Pick-up scoop with scraper, c. 1 One – Pair of non-latex gloves, d. 2 Two – Disinfectant hand wipes (antimicrobial), e. 2 Two – Plastic disposal bags with ties (biohazard), f. 2 Two – Germicidal towelettes effective against human immuno-deficiency virus and tuberculosis, g. 2 Two – Paper crepe towels, and h. 1 One – Easy-to-follow instructions.

November 16, 2007 Page 4031 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Exempt Rulemaking NOTICES OF EXEMPT RULEMAKING

The Administrative Procedure Act requires the Register publication of the rules adopted by the state’s agencies under an exemption from all or part of the Administrative Procedure Act. Some of these rules are exempted by A.R.S. §§ 41-1005 or 41-1057; other rules are exempted by other statutes; rules of the Corporation Commission are exempt from Attorney General review pursuant to a court decision as determined by the Corporation Commission.

NOTICE OF EXEMPT RULEMAKING

TITLE 9. HEALTH SERVICES

CHAPTER 22. ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION [R07-366]

PREAMBLE

1. Sections Affected Rulemaking Action R9-22-701 Amend R9-22-712.05 Amend 2. The statutory authority for the rulemaking, including both the authorizing statute (general) and the statutes the rules are implementing (specific): Authorizing statute: A.R.S. § 36-2903.01 Implementing statute: A.R.S. § 36-2903.01 3. The effective date of the rules: November 1, 2007 4. A list of all previous notices appearing in the Register addressing the exempt rule: None 5. The name and address of agency personnel with whom persons may communicate regarding the rulemaking: Name: Mariaelena Ugarte Address: AHCCCS Office of Administrative and Legal Services 701 E. Jefferson, Mail Drop 6200 Phoenix, AZ 85034 Telephone: (602) 417-4693 Fax: (602) 253-9115 E-mail: [email protected] 6. An explanation of the rule, including the agency’s reasons for initiating the rule, including the statutory citation to the exemption from the regular rulemaking procedures: A.R.S. § 36-2903.01 as amended by Laws 2007, Ch. 263, § 9 have required the Administration to implement and describe in rule how GME appropriated funds will be distributed to hospitals for direct costs of the GME programs established or expanded on or after July 1, 2006. In addition the rule describes how indirect GME costs for programs located in a county with a population of less than 500,000 will be calculated and distributed and how funds and certified public expenditures shall apply to other indirect program costs. Laws 2007, Ch. 263, § 29 exempts the Administration from rulemaking requirements of A.R.S. Title 41, Chapter 6, until December 31, 2008. 7. A reference to any study relevant to the rule that the agency reviewed and either relied on in its evaluation of or justification for the rule did not rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material: No studies were or will be reviewed in relation to this rulemaking.

Volume 13, Issue 46 Page 4032 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Exempt Rulemaking

8. A showing of good cause why the rule is necessary to promote a statewide interest if the rule will diminish a previous grant of authority of a political subdivision of this state: Not applicable 9. The summary of the economic, small business, and consumer impact: Not applicable 10. A description of the changes between the proposed rules, including supplemental notices, and final rules (if applicable): Not applicable 11. A summary of the comments made regarding rule, and the agency response to them: Date: Commenter: Comment/Questions: AHCCCS Response: Response Date: 1 09/28/07 Norma Peal We urge AHCCCS to modify its proposed The distribution methodology cre- 10/24/07 UPH – regulations to permit local, county and ated by the proposed rule is a cost- University tribal government funds to be used as the based calculation that accounts for Physicians non-federal share of reimbursements for the whole Medicaid portion of direct Healthcare direct program costs to the extent that these GME costs for each hospital having costs are not reimbursed by state general GME programs. The Administra- appropriations. tion may not make payments in excess of costs.

Based on the FY 2007 distributions, the Administration believes that available funds will be adequate to cover the calculated Medicaid costs. 2 09/28/07 Norma Peal We urge AHCCCS to permit local, county Statute 36-2903.01(H) specifically 10/24/07 UPH – and tribal governments to provide the non- establishes that payments are to be University federal share of supplemental GME pay- made to hospitals. Physicians ments to non-institutional providers. The Healthcare maximum amount of these payments A.R.S. § 36-2903.01(H), states: should be the Medicaid-related share of “For inpatient hospital admissions direct and indirect program costs incurred and outpatient hospital services on by these providers, as verified in a manner and after March 1, 1993 the adminis- acceptable to both AHCCCS and CMS. tration shall adopt rules for the reimbursement of hospitals according to the following procedures:” (Empha- sis added.)

All parts of subsection (H) are subject to the same limitation. There- fore, distributions of local, county, and tribal funds authorized by A.R.S. § 36-2903.01(H)(9)(f) are limited to reimbursement of hospitals. 3 09/28/07 Norma Peal HB2789 authorizes AHCCCS to make Under A.R.S. § 36-2903.01(H), the 10/24/07 UPH – administrative GME payments when the Administration’s authority is lim- University non-federal share is provided by local, ited to reimbursement of hospitals. Physicians county or tribal governments. Healthcare The distributions made under the proposed rule cover both direct and indirect costs, which together make up the whole cost associated with graduate medical education at a hospital.

November 16, 2007 Page 4033 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Exempt Rulemaking

Therefore, the costs of medical activities and administrative activities are addressed by the distribution methodology created by the proposed rule. 4 09/24/07 James Haynes AZHHA requests that the Administration Medicaid Percentage 10/24/07 AZHHA – AZ share the detailed methodology behind the Hospital and rules. For example, how are the participa- In accordance with proposed subsec- Healthcare tion and Medicaid percentages calculated? tion (C)(4)(d), allocated residents Association How are eligible residents determined? will be adjusted for Arizona Medic- aid utilization using the methodology described at subsection (B)(4)(c). Accordingly, the Medic- aid utilization percentage for each participating hospital will be determined by the methodology described at subsection (B)(4)(c)(i), which states:

“For each hospital, the total AHC- CCS inpatient hospital days of care shall be divided by the total Medi- care Cost Report inpatient hospital days, multiplied by 100 and rounded up to the nearest multiple of 5 percent.”

Eligible Residents

The definition of eligible residents is provided at proposed subsection (C)(2). The number of filled resident positions in each program will be reported by the programs in accordance with proposed subsection (C)(3). The number of eligible residents in a program will be determined by the program reporting.

Participation Percentage

The “participation percentage” is not a part of the proposed rule. It is a statistic whose existence is inciden- tal to the process created by the proposed rule, calculated as the number of program residents allocated to a participating hospital divided by the total number of program residents.

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5 09/24/07 James Haynes Clarify section related to Indirect Program 1. The legislature appropriated $9 10/24/07 AZHHA – AZ costs (IME) with: million for the direct GME dis- Hospital and 1. How much total funding will be set tributions described at pro- Healthcare aside for IME reimbursement? posed subsection (C) and Association indirect ME distributions 2. Based on IRIS data received, which described at proposed subsec- hospitals will qualify for the rural rotation (D). tions and reimbursement? Proposed subsection (E) provides that the distributions 3. How is the one-month rotation deter- under proposed subsections (C) mined in rural counties, (four weeks, and (D) will be adjusted propor- 31 days)? Must the time be consecu- tionally if funds are insufficient tive? to cover all calculated distributions under both.

2. Due to the nature of the IRIS data, the existence of rural rotations cannot be determined from that source. The Administra- tion’s source of information on rural rotations will be the program-reported academic year rotation schedules. The Administration is not yet in possession of the rotation schedules on which the first distribution will be based. There- fore, it is not known which hospitals will qualify.

3. In accordance with proposed subsection (D)(4)(a), the number of months per year that residents will perform rural rotations will be determined by the academic year rotation schedules submitted by the programs under proposed subsection (D)(3)(a)(ii). The Administration will account for the resident time by the time periods stated on the rotation schedules. The typical academic year rotation schedule indicates the required resident time at a given location in whole or half months. The Administration does not intend by this rule to impose a time requirement inconsistent with the educational requirements determined by the program faculty and the accrediting body. Therefore, eligibility does not depend on the time period spent at the rural educational venue being consecutive.

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12. Any other matters prescribed by statute that are applicable to the specific agency or to any specific rule or class of rules: None 13. Incorporations by reference and their location in the rules: None 14. Was this rule previously adopted as an emergency rule? No 15. The full text of the rules follows:

TITLE 9. HEALTH SERVICES

CHAPTER 22. ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION

ARTICLE 7. STANDARDS FOR PAYMENTS Section R9-22-701. Standard for Payments Related Definitions R9-22-712.05. Graduate Medical Education Fund Allocation ARTICLE 7. STANDARDS FOR PAYMENTS R9-22-701. Standard for Payments Related Definitions In addition to definitions contained in A.R.S. § 36-2901, the words and phrases in this Article have the following meanings unless the context explicitly requires another meaning: “Accommodation” means room and board services provided to a patient during an inpatient hospital stay and includes all staffing, supplies, and equipment. The accommodation is semi-private except when the member must be isolated for medical reasons. Types of accommodation include hospital routine medical/surgical units, intensive care units, and any other specialty care unit in which room and board are provided. “Aggregate” means the combined amount of hospital payments for covered services provided within and outside the GSA. “AHCCCS inpatient hospital day or days of care” means each day of an inpatient stay for a member, beginning with the day of admission and including the day of death, if applicable, but excluding the day of discharge, provided that all eligibility, medical necessity, and medical review requirements are met. “Ancillary service” mean all hospital services for patient care other than room and board and nursing services, including but not limited to, laboratory, radiology, drugs, delivery room (including maternity labor room), operating room (including postanesthesia and postoperative recovery rooms), and therapy services (physical, speech, and occupational). “APC” means the Ambulatory Payment Classification system under 42 CFR Part 419.31 used by Medicare for grouping clinically and resource-similar procedures and services. “Billed charges” means charges for services provided to a member that a hospital includes on a claim consistent with the rates and charges filed by the hospital with Arizona Department of Health Services (ADHS). “Business agent” means a company such as a billing service or accounting firm that renders billing statements and receives payment in the name of a provider. “Capital costs” means costs as reported by the hospital to CMS as required by 42 CFR 413.20. “Copayment” means a monetary amount, specified by the Director, that a member pays directly to a contractor or provider at the time covered services are rendered. “Cost-To-Charge Ratio” (CCR) means a hospital’s costs for providing covered services divided by the hospital’s charges for the same services. The CCR is the percentage derived from the cost and charge data for each revenue code provided to AHCCCS by each hospital. “Covered charges” means billed charges that represent medically necessary, reasonable, and customary items of expense for covered services that meet medical review criteria of AHCCCS or a contractor. “CPT” means Current Procedural Terminology, published and updated by the American Medical Association. CPT is a nationally-accepted listing of descriptive terms and identifying codes for reporting medical services and procedures performed by physicians that provides a uniform language to accurately designate medical, surgical, and diagnostic

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services. “Critical Access Hospital” is a hospital certified by Medicare under 42 CFR 485 Subpart F and 42 CFR 440.170(g). “Direct graduate medical education costs” or “direct program costs” means the costs that are incurred by a hospital for the education activities of an approved graduate medical education program that are the proximate result of training medical residents in the hospital, including resident salaries and fringe benefits, the portion of teaching physician salaries and fringe benefits that are related to the time spent in teaching and supervision of residents, and other related GME overhead costs. “DRI inflation factor” means Global Insights Prospective Hospital Market Basket. “Eligibility posting” means the date a member’s eligibility information is entered into the AHCCCS Pre-paid Medical Management Information System (PMMIS). “Encounter” means a record of a medically-related service rendered by an AHCCCS-registered provider to a member enrolled with a contractor on the date of service. “Existing outpatient service” means a service provided by a hospital before the hospital files an increase in its charge master as defined in R9-22-712(G), regardless of whether the service was explicitly described in the hospital charge master before filing the increase, or how the service was described in the charge master before filing the increase. “Expansion funds” means funds appropriated to support GME program expansions as described under A.R.S. § 36- 2903.01(H)(9)(b) and (c)(i). “Factor” means a person or an organization, such as a collection agency or service bureau, that advances money to a provider for accounts receivable that the provider has assigned, sold, or transferred to the organization for an added fee or a deduction of a portion of the accounts receivable. Factor does not include a business agent. “Fiscal intermediary” means an organization authorized by CMS to make determinations and payments for Part A and Part B provider services for a given region. “Freestanding Children’s Hospital” means a separately standing hospital with at least 120 pediatric beds that is dedicated to provide the majority of the hospital’s services to children. “GME program approved by the Administration” or “approved GME program” means a graduate medical education program that has been approved by a national organization as described in 42 CFR 415.152. “Graduate medical education (GME) program” means an approved residency program that prepares a physician for independent practice of medicine by providing didactic and clinical education in a medical environment to a medical student who has completed a recognized undergraduate medical education program. “HCPCS” means the Health Care Procedure Coding System, published and updated by Center for Medicare and Medicaid Services (CMS). HCPCS is a listing of codes and descriptive terminology used for reporting the provision of physician services, other health care services, and substances, equipment, supplies or other items used in health care services. “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as specified under 45 CFR Part 162, that establishes standards and requirements for the electronic transmission of certain health information by defining code sets used for encoding data elements, such as tables of terms, medical concepts, medical diagnostic codes, or medical procedure codes. “ICU” means the intensive care unit of a hospital. “Indirect program costs” means the marginal increase in operating costs that a hospital experiences as a result of having an approved graduate medical education program and that is not accounted for by the hospital’s direct program costs. “Intern and Resident Information System” means a software program used by teaching hospitals and the provider community for collecting and reporting information on resident training in hospital and non-hospital settings. “Medical education costs” means direct hospital costs for intern and resident salaries, fringe benefits, program costs, nursing school education, and paramedical education, as described in the Medicare Provider Reimbursement Manual. “Medical review” means a clinical evaluation of documentation conducted by AHCCCS or a contractor for purposes of prior authorization, concurrent review, post-payment review, or determining medical necessity. The criteria for medical review are established by AHCCCS or a contractor based on medical practice standards that are updated periodically to reflect changes in medical care. “Medicare Urban or Rural Cost-to-Charge Ratio (CCR)” means statewide average capital cost-to-charge ratio published annually by CMS added to the urban or rural statewide average operating cost-to-charge ratio published annually by CMS. “National Standard code sets” means codes that are accepted nationally in accordance with federal requirements under 45 CFR 160 and 45 CFR 164.

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“New hospital” means a hospital for which Medicare Cost Report claim and encounter data are not available for the fiscal year used for initial ratesetting or rebasing. “NICU” means the neonatal intensive care unit of a hospital that is classified as a Level II or Level III perinatal center by the Arizona Perinatal Trust. “Non-IHS Acute Hospital” means a hospital that is not run by Indian Health Services, is not a free-standing psychiat- ric hospital, such as an IMD, and is paid under ADHS rates. “Observation day” means a physician-ordered evaluation period of less than 24 hours to determine whether a person needs treatment or needs to be admitted as an inpatient. “Operating costs” means AHCCCS-allowable accommodation costs and ancillary department hospital costs excluding capital and medical education costs. “Organized health care delivery system” means a public or private organization that delivers health services. It includes, but is not limited to, a clinic, a group practice prepaid capitation plan, and a health maintenance organization. “Outlier” means a hospital claim or encounter in which the operating costs per day for an AHCCCS inpatient hospital stay meet the criteria described under this Article and A.R.S. § 36-2903.01(H) “Outpatient hospital service” means a service provided in an outpatient hospital setting that does not result in an admission. “Ownership change” means a change in a hospital’s owner, lessor, or operator under 42 CFR 489.18(a). “Participating institution” means an institution at which portions of a graduate medical education program are regularly conducted and to which residents rotate for an educational experience for at least one month. “Peer group” means hospitals that share a common, stable, and independently definable characteristic or feature that significantly influences the cost of providing hospital services, including specialty hospitals that limit the provision of services to specific patient populations, such as rehabilitative patients or children. “PPC” means prior period coverage. PPC is the period of time, prior to the member’s enrollment, during which a member is eligible for covered services. The time-frame is the first day of the month of application or the first eligible month, whichever is later, to the day a member is enrolled with a contractor. “PPS bed” means Medicare-approved Prospective Payment beds for inpatient services as reported in the Medicare cost reports for the most recent fiscal year for which the Administration has a complete set of Medicare cost reports for every rural hospital as determined as of the first of February of each year. “Procedure code” means the numeric or alphanumeric code listed in the CPT or HCPCS manual by which a procedure or service is identified. “Prospective rates” means inpatient or outpatient hospital rates set by AHCCCS in advance of a payment period and representing full payment for covered services excluding any quick-pay discounts, slow-pay penalties, and first-and third-party payments regardless of billed charges or individual hospital costs. “Public hospital” means a hospital that is owned and operated by county, state, or hospital health care district. “Rebase” means the process by which the most currently available and complete Medicare Cost Report data for a year and AHCCCS claim and encounter data for the same year, are collected and analyzed to reset the Inpatient Hos- pital Tiered per diem rates, or the Outpatient Hospital Capped Fee-For-Service Schedule. “Reinsurance” means a risk-sharing program provided by AHCCCS to contractors for the reimbursement of specified contract service costs incurred by a member beyond a certain monetary threshold. “Remittance advice” means an electronic or paper document submitted to an AHCCCS-registered provider by AHC- CCS to explain the disposition of a claim. “Resident” means a physician engaged in postdoctoral training in an accredited graduate medical education program, including an intern and a physician who has completed the requirements for the physician’s eligibility for board certification. “Revenue Code” means a numeric code, that identifies a specific accommodation, ancillary service, or billing calculation, as defined by the National Uniform Billing committee for UB-92 forms. “Specialty facility” means a facility where the service provided is limited to a specific population, such as rehabilitative services for children. “Sponsoring institution” means the institution or entity that is recognized by the GME accrediting organization and designated as having ultimate responsibility for the assurance of academic quality and compliance with the terms of accreditation for a graduate medical education program. “Tier” means a grouping of inpatient hospital services into levels of care based on diagnosis, procedure, or revenue

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codes, peer group, NICU classification level, or any combination of these items. “Tiered per diem” means an AHCCCS capped fee schedule in which payment is made on a per-day basis depending upon the tier (or tiers) into which an AHCCCS inpatient hospital day of care is assigned. R9-22-712.05. Graduate Medical Education Fund Allocation A. Graduate medical education (GME) reimbursement as of September 30, 1997. Subject to legislative appropriation, the Administration shall make a distribution based on direct graduate medical education costs as described in A.R.S. § 36- 2903.01(H)(9)(a). B. Subject to available funds and approval by CMS, the Administration shall annually distribute monies appropriated for the expansions of GME programs approved by the Administration to hospitals for direct program costs eligible for funding under A.R.S. § 36-2903.01(H)(9)(b). A GME program approved by the Administration means a GME program that has been approved by a national organization as described in 42 CFR 415.152. A GME program is deemed to be established as of the date of its original accreditation. All determinations that are necessary to make distributions described by this subsection shall be made using information possessed by the Administration as of the date of reporting under subsection (E) (B)(3). C.1. Eligible health care facilities. A health care facility is eligible for distributions under subsection (B) if all of the following apply: 1.a. It is a hospital in Arizona that is the sponsoring institution of, or a participating institution in, one or more of the GME programs in Arizona; 2.b. It incurs direct costs for the training of residents in the GME programs, which costs are or will be reported on the hospital’s Medicare Cost Report; 3.c. It is not administered by or does not receive its primary funding from an agency of the federal government. D.2. Eligible resident positions. For purposes of determining program allocation amounts under subsection (F) (B)(4) the following resident positions are eligible for consideration to the extent that the resident training takes place in Ari- zona and not at a health care facility made ineligible under subsection (C)(3) (B)(1)(c): 1.a. Filled resident positions in approved programs established as of October 1, 1999 at hospitals that receive funding as described in A.R.S. § 36-2903.01(H)(9)(a) that are additional to the number of resident positions that were filled as of October 1, 1999; and 2.b. All filled resident positions in approved programs other than GME programs described in A.R.S. § 36- 2903.01(H)(9)(a); and that were established before July 1, 2006. 3. For approved programs established on or after July 1, 2006 that have been established for less than one year as of the date of reporting under subsection (E) and have not yet filled their first-year resident positions, all prospective residents reasonably expected by the program to be enrolled as a result of the most recently completed annual resident match. E.3. Annual reporting. By April 1st of each year, each GME program and each hospital seeking a distribution under subsection (B) shall provide the applicable information listed in this subsection to the Administration: 1.a. A GME program shall provide all of the following: a.i. The program name and number assigned by the accrediting organization; b.ii. The original date of accreditation; c.iii.The names of the sponsoring institution and all participating institutions current as of the date of reporting; d.iv.The number of approved resident positions and the number of filled resident positions current as of the date of reporting; e. For programs described under subsection (D)(3), the number of residents expected to be enrolled as a result of the most recently completed annual resident match; f.v. For programs established as of October 1, 1999, the number of resident positions that were filled as of Octo- ber 1, 1999, if the program has not already provided this information to the Administration; g. For programs established on or after July 1, 2006, the academic year rotation schedule on file with the program current as of the date of reporting. 2.b. A hospital seeking a distribution under subsection (B) shall provide all of the following that apply: a.i. If the hospital uses the Intern and Resident Information System (IRIS) for tracking and reporting its resident activity to the fiscal intermediary, copies of the IRIS master and assignment files for the hospital’s two most recently completed Medicare cost reporting years as filed with the fiscal intermediary; b.ii. If the hospital does not use the IRIS or has less than two cost reporting years available in the form of the IRIS master and assignment files, the information normally contained in the IRIS master and assignment files in an alternative format for the hospital’s two most recently completed Medicare cost reporting years; c.iii. At the request of the Administration, a copy of the hospital’s Medicare Cost Report or any part of the report for the most recently completed cost reporting year. F.4. Allocation of expansion funds. Annually the Administration shall allocate available funds to each approved GME program in the following manner: 1.a. Information provided by hospitals under subsection (E)(2) (B)(3)(b) shall be used to determine the program in

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which each eligible resident is enrolled and the number of days that each eligible resident worked in any area of the hospital complex or in a non-hospital setting under agreement with the reporting hospital during the period of assignment to that hospital. For this purpose, the Administration shall use data relating to the most recent 12- month period that is common to all information provided under subsections (E)(2)(a) and (b) (B)(3)(b)(i) and (ii). 2. For approved programs established on or after July 1, 2006 whose first-year resident positions have been filled but whose first year of operation is not complete as of the date of reporting under subsection (E)(2), information provided by GME programs under subsection (E)(1) shall be used to determine the number of days that each eligible resident is assigned to work at each participating institution. 3. For eligible residents described by subsection (D)(3), information provided by GME programs under subsection (E)(1) shall be used to determine a number of days that each prospective first-year resident is expected to work at each participating institution. 4.b. The number of eligible residents allocated to each participating institution within each approved GME program shall be determined by totaling the number of days determined for each participating institution under subsections (F)(1) through (F)(3) and dividing each total by 365. as follows: i. Total the number of days determined for each participating institution under subsection (B)(4)(a) and divide each total by 365. ii. Proportionally adjust the result of subsection (B)(4)(b)(i) for each participating institution within each program according to the number of residents determined to be eligible under subsection (B)(2). 5.c. The number of allocated eligible residents determined under subsection (F)(4) (B)(4)(b)(ii) shall be adjusted for Arizona Medicaid utilization using the most recent Medicare Cost Report information on file with the Adminis- tration as of the date of reporting under subsection (E) (B)(3) and the Administration’s inpatient hospital claims and encounter data for the time period corresponding to the Medicare Cost Report information for each hospital. The Administration shall use only those inpatient hospital claims paid by the Administration and encounters that were adjudicated by the Administration as of the date of reporting under subsection (E) (B)(3). The Medicaid- adjusted eligible residents shall be determined as follows: a.i. For each hospital, the total AHCCCS inpatient hospital days of care shall be divided by the total Medicare Cost Report inpatient hospital days, multiplied by 100 and rounded up to the nearest multiple of 5 five percent. b.ii. The number of allocated eligible residents determined for each participating hospital under subsection (F)(4) (B)(4)(b)(ii) shall be multiplied by the percentage derived under subsection (F)(5)(a) (B)(4)(c)(i) for that hospital. The number of allocated eligible residents determined under subsection (F)(4) (B)(4)(b)(ii) for a participating institution that is not a hospital and not a health care facility made ineligible under subsection (C)(3) (B)(1)(c) shall be multiplied by the percentage derived under subsection (F)(5)(a) (B)(4)(c)(i) for the program’s sponsoring institution or, if the sponsoring institution is not a hospital, the sponsoring institution’s affiliated hospital. The number of allocated eligible residents determined under subsection (F)(4) (B)(4)(b)(ii) for a participating institution that is made ineligible under subsection (C)(3) (B)(1)(c) shall be multiplied by 0 zero percent. 6.d. The total allocation for each approved program shall be determined by multiplying the Medicaid-adjusted eligible residents determined under subsection (F)(5)(b) (B)(4)(c)(ii) by the per resident conversion factor determined below and totaling the resulting dollar amounts for all participating institutions in the program. The per resident conversion factor shall be determined as follows: a.i. Calculate the total direct GME costs from the most recent Medicare Cost Reports on file with the Adminis- tration for all hospitals that have reported such costs. b.ii. Calculate the total allocated residents determined under subsection (F)(4) (B)(4)(b)(i) for those hospitals described under subsection (F)(6)(a) (B)(4)(d)(i). c.iii. Divide the total GME costs calculated under subsection (F)(6)(a) (B)(4)(d)(i) by the total allocated residents calculated under subsection (F)(6)(b) (B)(4)(d)(ii). G.5. Distribution of expansion funds. On an annual basis subject to available funds, the Administration shall distribute the allocated amounts determined under subsection (F) (B)(4) in the following manner: 1.a. The allocated amounts shall be distributed in the following order of priority: a.i. To eligible hospitals that do not receive funding in accordance with A.R.S. § 36-2903.01(H)(9)(a) for the direct costs of programs established before July 1, 2006; b.ii. To eligible hospitals that receive funding in accordance with A.R.S. § 36-2903.01(H)(9)(a) for the direct costs of programs established before July 1, 2006; c. To any eligible hospital for the direct costs of programs established on or after July 1, 2006. 2.b. The allocated amounts shall be distributed to the eligible hospitals in each approved program in proportion to the number of Medicaid-adjusted eligible residents allocated to each hospital within that program under subsection (F)(5)(b) (B)(4)(c)(ii). 3.c. If funds are insufficient to cover all distributions within any priority group described under subsection (G)(1)

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(B)(5)(a), the Administration shall adjust the distributions proportionally within that priority group. C. Subject to available funds and approval by CMS, the Administration shall annually distribute monies appropriated for the expansions of GME programs approved by the Administration to hospitals for direct program costs eligible for funding under A.R.S. § 36-2903.01(H)(9)(c)(i). A GME program is deemed to be established as of the date of its original accreditation. All determinations that are necessary to make distributions described by this subsection shall be made using information possessed by the Administration as of the date of reporting under subsection (C)(3). 1. Eligible health care facilities. A health care facility is eligible for distributions under subsection (C) if it meets all the conditions of subsections (B)(1)(a) through (c). 2. Eligible resident positions. For purposes of determining program allocation amounts under subsection (C)(4), the following resident positions are eligible for consideration to the extent that the resident training takes place in Arizona and not at a health care facility made ineligible under subsection (B)(1)(c): a. All filled resident positions in approved programs established on or after July 1, 2006; and b. For approved programs established on or after July 1, 2006 that have been established for less than one year as of the date of reporting under subsection (C)(3) and have not yet filled their first-year resident positions, all prospective residents reasonably expected by the program to be enrolled as a result of the most recently completed annual resident match. 3. Annual reporting. By April 1st of each year, each GME program and each hospital seeking a distribution under subsection (C) shall provide to the Administration: a. A GME program shall provide all of the following: i. The requirements of subsections (B)(3)(a)(i) through (iv); ii. The academic year rotation schedule on file with the program current as of the date of reporting; and iii. For programs described under subsection (C)(2)(b), the number of residents expected to be enrolled as a result of the most recently completed annual resident match. b. A hospital seeking a distribution under subsection (C) shall provide the requirements of subsection (B)(3)(b). 4. Allocation of expansion funds. Annually the Administration shall allocate available funds to approved GME programs in the following manner: a. Information provided by hospitals in accordance with subsection (B)(3)(b) shall be used to determine the program in which each eligible resident is enrolled and the number of days that each eligible resident worked in any area of the hospital complex or in a non-hospital setting under agreement with the reporting hospital during the period of assignment to that hospital. For this purpose, the Administration shall use data relating to the most recent 12-month period that is common to all information provided in accordance with subsections (B)(3)(b)(i) and (ii). b. For approved programs whose resident activity is not represented in the information provided in accordance with subsection (B)(3)(b), information provided by GME programs under subsection (C)(3)(a) shall be used to determine the number of days that each eligible resident is expected to work at each participating institution. c. The number of eligible residents allocated to each participating institution for each approved GME program shall be determined by totaling the number of days determined under subsections (C)(4)(a) and (b) and dividing the totals by 365. d. The number of allocated residents determined under subsection (C)(4)(c) shall be adjusted for Arizona Medicaid utilization in accordance with subsection (B)(4)(c). e. The total allocation for each approved program shall be determined in accordance with subsection (B)(4)(d). 5. Distribution of expansion funds. On an annual basis subject to available funds, the Administration shall distribute the allocated amounts determined under subsection (C)(4) to the eligible hospitals in each approved program in proportion to the number of Medicaid-adjusted eligible residents allocated to each within that program under subsection (C)(4)(d). D. Subject to available funds and approval by CMS, the Administration shall annually distribute monies appropriated for GME programs approved by the Administration to hospitals for indirect program costs eligible for funding under A.R.S. § 36-2903.01(H)(9)(c)(ii). A GME program is deemed to be established as of the date of its original accreditation. All determinations that are necessary to make distributions described by this subsection shall be made using information possessed by the Administration as of the date of reporting under subsection (D)(3). 1. Eligible health care facilities. A health care facility is eligible for distributions under subsection (D) if all of the following apply: a. It is a hospital in Arizona that is the sponsoring institution of one or more of the GME programs in Arizona or the base hospital for one or more of the GME programs in Arizona whose sponsoring institutions are not hospitals; b. It incurs indirect program costs for the training of residents in the GME programs; c. It is not administered by or does not receive its primary funding from an agency of the federal government. 2. Eligible resident positions. For purposes of determining program allocation amounts under subsection (D)(4) the following resident positions are eligible for consideration to the extent that the resident training takes place in Arizona and not at a health care facility made ineligible under subsection (D)(1)(c):

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a. Any filled resident position in an approved program that includes a rotation of at least one month per year in a county other than Maricopa or Pima whose population was less than 500,000 persons at the time the residency rotation was added to the academic year rotation schedule; b. For approved programs that have been established for less than one year as of the date of reporting under subsection (D)(3) and have not yet filled their first-year resident positions, all prospective residents reasonably expected by the program to be enrolled as a result of the most recently completed annual resident match who will perform rotations of at least one month per year in a county other than Maricopa or Pima whose population was less than 500,000 persons at the time the residency rotation was added to the academic year rotation schedule. 3. Annual reporting. By April 1st of each year, each GME program and each hospital seeking a distribution under subsection (D) shall provide to the Administration: a. A GME program shall provide all of the following: i. The requirements of subsections (B)(3)(a)(i) through (iv); ii. The academic year rotation schedule on file with the program current as of the date of reporting; iii. For programs described under subsection (D)(2)(c), the number of residents expected to be enrolled as a result of the most recently completed annual resident match. b. A hospital seeking a distribution under subsection (D) shall provide the requirements of subsection (B)(3)(b)(iii). 4. Allocation of funds for indirect program costs. Annually the Administration shall allocate available funds to approved GME programs in the following manner: a. Using the information provided by programs under subsection (D)(3), the Administration shall determine for each program the number of residents in the program who are eligible under subsection (D)(2) and the number of months per year that each eligible resident will perform rotations in counties described by subsection (D)(2), multiply the number of eligible residents by the number of months and multiply the result by the per resident per month conversion factor determined under subsection (D)(4)(b). b. Using the most recent Medicare Cost Reports on file with the Administration for all hospitals that have calculated a Medicare indirect medical education payment, the Administration shall determine a per resident per month conversion factor as follows: i. Calculate each hospital’s Medicaid share by dividing the AHCCCS inpatient hospital days of care by the total inpatient hospital days from the Medicare Cost Report. For this purpose, the Administration shall use the information described by subsection (B)(4)(c) for adjusting allocated residents for Arizona Medicaid utilization. ii. Calculate each hospital’s Medicare share by dividing the Medicare inpatient days on the Medicare Cost Report by the total inpatient hospital days on the Medicare Cost Report. iii. Divide the Medicaid share by the Medicare share and multiply the resulting ratio by the indirect medical education payment calculated on the Medicare Cost Report. iv. Total the results for all hospitals, divide the result by the total allocated residents determined under subsection (B)(4)(b)(i) for these hospitals, and divide that result by 12. 5. Distribution of funds for indirect program costs. On an annual basis subject to available funds, the Administration shall distribute the allocated amounts determined under subsection (D)(4) to the program’s sponsoring hospital or the program’s base hospital if the sponsoring institution is not a hospital, up to but not exceeding: a. The amount calculated for the hospital at subsection (D)(4)(b)(iii), or b. The median of all amounts calculated at subsection (D)(4)(b)(iii) if no amount was calculated for the hospital. E. Reallocation of funds. If funds appropriated for subsection (B) are not allocated by the Administration and funds appropriated for subsections (C) and (D) are insufficient to cover all distributions under subsections (C)(5) and (D)(5), the funds not allocated under subsection (B) shall be allocated under subsections (C) and (D) to the extent of the calculated distributions. If funds are insufficient to cover all distributions under subsections (C)(5) and (D)(5), the Administration shall adjust the distributions proportionally. If funds appropriated for subsections (C) and (D) are not allocated by the Adminis- tration and funds appropriated for subsection (B) are insufficient to cover all distributions under subsection (B)(5), the funds not allocated under subsections (C) and (D) shall be allocated under subsection (B) to the extent of the calculated distributions. F. The Administration may enter into intergovernmental agreements with local, county, and tribal governments wherein local, county and tribal governments may transfer funds or certify public expenditures to the Administration. Such funds or certification, subject to approval by CMS, will be used to qualify for additional federal funds. Those funds will be used for the purposes of reimbursing hospitals specified by the local, county, or tribal government for indirect program costs other than those reimbursed under subsection (D). Funds transferred and available under this subsection shall be distributed in accordance with subsection (D) except that reimbursement with such funds is not limited to resident positions or rotations in counties with populations of less than 500,000 persons.

Volume 13, Issue 46 Page 4042 November 16, 2007 Arizona Administrative Register / Secretary of State Notices of Rulemaking Docket Opening NOTICES OF RULEMAKING DOCKET OPENING

The Administrative Procedure Act (APA) requires the publication of Notices of Rulemaking Docket Opening when an agency opens a rulemaking docket to consider rulemaking. Under the APA effective January 1, 1995, agencies must submit a Notice of Rulemaking Docket Opening before beginning the formal rulemaking process.

NOTICE OF RULEMAKING DOCKET OPENING DEPARTMENT OF AGRICULTURE ANIMAL SERVICES DIVISION [R07-374] 1. Title and its heading: 3, Agriculture Chapter and its heading: 2, Department of Agriculture – Animal Services Division Article and its heading: 1, General Provisions; 6, Health Requirements Governing Admission of Animals Section numbers: R3-2-101, R3-2-601, R3-2-606, R3-6-612, R3-2-614, R3-2-616, R2-3- 617, R3-2-618, and R3-2-620, and R3-2-621 (Sections may be added, deleted, or amended as necessary.) 2. The subject matter of the proposed rule: The Department of Agriculture proposes to amend its rules relating to health requirements governing admission of animals into the state following a five-year review. Under this rulemaking, the Department will update citations to materials that are incorporated by reference, correct or amend references to diseases or other rules, and otherwise bring the rules into compliance with current APA standards. The Department will also amend R3-2-606(A)(4)(a)(i) to require that the official eartag for dairy cattle also include information that identifies the herd from which the cattle was born. The Department will also amend R3-2-612(C)(6) to remove brucellosis quarantine exemptions for native ranch cattle imported from an adjacent Class A State, because no state bordering Arizona is Class A. Finally, the Department will amend R3-2-617 to require a health certificate or Form 9-3 from the National Poultry Improvement Program before allowing poultry animals entry into the state. Although this is a substantive change from the existing rule, the proposed rulemaking is intended to codify an existing voluntary inspection program in which many poultry importers are already participating. 3. A citation to all published notices relating to the proceeding: Notice of Proposed Rulemaking: 13 A.A.R. 3958, November 16, 2007 (in this issue) 4. The name and address of agency personnel with whom persons may communicate regarding the rule: Name: Carlos Ramírez, Rules Analyst Address: Department of Agriculture 1688 W. Adams St. Phoenix, AZ 85007 Telephone: (602) 542-0962 Fax: (602) 542-5420 E-mail: [email protected] 5. The time during which the agency will accept written comments and the time and place where oral comments may be made: Written comments: 8:00 a.m. to 5:00 p.m., Monday through Friday Oral comments: 8:00 a.m. to 4:00 p.m., Monday through Friday Location: Department of Agriculture 1688 W. Adams St. Phoenix, AZ 85007 6. A timetable for agency decisions or other action on the proceeding, if known: Unknown

November 16, 2007 Page 4043 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Notices of Rulemaking Docket Opening NOTICE OF RULEMAKING DOCKET OPENING DEPARTMENT OF AGRICULTURE ANIMAL SERVICES DIVISION [R07-372] 1. Title and its heading: 3, Agriculture Chapter and its heading: 2, Department of Agriculture – Animal Services Division Article and its heading: 8, Dairy and Dairy Products Control Section numbers: R3-2-801 (Sections may be added, deleted, or amended as necessary.) 2. The subject matter of the proposed rule: The Department of Agriculture is opening a docket to amend its definitions relating to dairy and dairy products control rules following a five-year review. Under this rulemaking, the Department will update citations to materials that are incorporated by reference and otherwise bring the rule into compliance with current APA standards. 3. A citation to all published notices relating to the proceeding: Notice of Proposed Rulemaking: 13 A.A.R. 3966, November 16, 2007 (in this issue) 4. The name and address of agency personnel with whom persons may communicate regarding the rule: Name: Carlos Ramírez, Rules Analyst Address: Department of Agriculture 1688 W. Adams St. Phoenix, AZ 85007 Telephone: (602) 542-0962 Fax: (602) 542-5420 E-mail: [email protected] 5. The time during which the agency will accept written comments and the time and place where oral comments may be made: Written comments: 8:00 a.m. to 5:00 p.m., Monday through Friday Oral comments: 8:00 a.m. to 4:00 p.m., Monday through Friday Location: Department of Agriculture 1688 W. Adams St. Phoenix, AZ 85007 6. A timetable for agency decisions or other action on the proceeding, if known: Unknown

NOTICE OF RULEMAKING DOCKET OPENING DEPARTMENT OF AGRICULTURE ANIMAL SERVICES DIVISION [R07-370] 1. Title and its heading: 3, Agriculture Chapter and its heading: 2, Department of Agriculture – Animal Services Division Article and its heading: 9, Egg and Egg Products Control Section numbers: R3-2-902 (Sections may be added, deleted, or amended as necessary.) 2. The subject matter of the proposed rule: The Department of Agriculture is opening a docket to amend R3-2-902, dealing with standards, grades and weight classes for shell eggs, following a five-year review. Under this rulemaking, the Department will update citations to materials that are incorporated by reference and otherwise bring the rule into compliance with current APA standards. 3. A citation to all published notices relating to the proceeding: Notice of Proposed Rulemaking: 13 A.A.R. 3968, November 16, 2007 (in this issue) 4. The name and address of agency personnel with whom persons may communicate regarding the rule: Name: Carlos Ramírez, Rules Analyst Address: Department of Agriculture 1688 W. Adams St. Phoenix, AZ 85007 Telephone: (602) 542-0962

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Fax: (602) 542-5420 E-mail: [email protected] 5. The time during which the agency will accept written comments and the time and place where oral comments may be made: Written comments: 8:00 a.m. to 5:00 p.m., Monday through Friday Oral comments: 8:00 a.m. to 4:00 p.m., Monday through Friday Location: Department of Agriculture 1688 W. Adams St. Phoenix, AZ 85007 6. A timetable for agency decisions or other action on the proceeding, if known: Unknown

NOTICE OF RULEMAKING DOCKET OPENING DEPARTMENT OF AGRICULTURE ENVIRONMENTAL SERVICES DIVISION [R07-368] 1. Title and its heading: 3, Agriculture Chapter and its heading: 3, Department of Agriculture – Environmental Services Division Article and its heading: 1, General Provisions; 11, Arizona Native Plants Section numbers: R3-3-102, Table 1, R3-3-1101, R3-3-1102, R3-3-1103, R3-3-1104, R3- 3-1105, R3-3-1106, R3-3-1107, R3-3-1108, R3-3-1109, R3-3-1110, R3- 3-1111, Appendix A (Sections may be added, deleted, or amended as necessary.) 2. The subject matter of the proposed rule: This rulemaking updates rules related to Native Plant laws. It updates scientific names, definitions and makes the rules in-line with today’s current practices. The legislature annually appropriates funding for this program from the Native Plant fund which is categorized as an “other” appropriated fund. Although the appropriation amount has not increased, the amount of money in this fund has dropped significantly to the point of having to make precision payments of expenses to coincide with when adequate deposits have been made. This rulemaking slightly increases the fees. In addition, the rulemaking simplifies and clarifies the permitting process. This allows for the movement of smaller plants which routinely would be bulldozed over, to save them from destruction. Furthermore, non-commercial native plant permits have been defined, which should also help to conserve the number of native plants. A simplified process has been introduced with this rulemaking for situations where a person may want to donate protected native plants. It also updates language to conform to rulemaking format and style requirements of the Council and the Office of the Secretary of State. 3. A citation to all published notices relating to the proceeding: Notice of Proposed Rulemaking: 13 A.A.R. 3970, November 16, 2007 (in this issue) 4. The name and address of agency personnel with whom persons may communicate regarding the rule: Name: Carlos Ramírez, Rules Analyst Address: Department of Agriculture 1688 W. Adams St. Phoenix, AZ 85007 Telephone: (602) 542-0962 Fax: (602) 542-5420 E-mail: [email protected] 5. The time during which the agency will accept written comments and the time and place where oral comments may be made: Written comments: 8:00 a.m. to 5:00 p.m., Monday through Friday Oral comments: 8:00 a.m. to 4:00 p.m., Monday through Friday Location: Department of Agriculture 1688 W. Adams St.

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Phoenix, AZ 85007 6. A timetable for agency decisions or other action on the proceeding, if known: Unknown

NOTICE OF RULEMAKING DOCKET OPENING BOARD OF HOMEOPATHIC MEDICAL EXAMINERS [R07-365] 1. Title and its heading: 4, Professions and Occupations Chapter and its heading: 38, Board of Homeopathic Medical Examiners Article and its heading: 1, General; 3, Education, Supervision, and Delegation Standards for Registration of Medical Assistants by Homeopathic Physicians; 4, Application and Renewal Process; Time-frames Section numbers: R4-38-105, R4-38-301 through R4-38-311, and R4-38-401 through R4- 38-403 (Sections may be added, deleted, or amended as necessary.) 2. The subject matter of the proposed rule: The Board is amending its rules dealing with homeopathic medical assistants and licensing time-frames to make them more clear, concise, and understandable and consistent with agency practice and current rule writing standards. 3. A citation to all published notices relating to the proceeding: None 4. Name and address of agency personnel with whom persons may communicate regarding the rule: Name: Chris Springer, Executive Director Address: Board of Homeopathic Medical Examiners 1400 W. Washington St., Suite 230 Phoenix, AZ 85007 Telephone: (602) 542-3095 Fax: (602) 542-3093 E-mail: [email protected] 5. The time during which the agency will accept written comments and the time and place where oral comments may be made: The Board will accept comments during business hours at the address listed in item 4. Information regarding an oral proceeding will be included in the Notice of Proposed Rulemaking. 6. A timetable for agency decisions or other action on the proceeding, if known: To be decided

NOTICE OF RULEMAKING DOCKET OPENING DEPARTMENT OF TRANSPORTATION TITLE, REGISTRATION, AND DRIVER LICENSES [R07-363] 1. Title and its heading: 17, Transportation Chapter and its heading: 4, Department of Transportation – Title, Registration, and Driver Licenses Article and its heading: 3, Vehicle Registration Section numbers: R17-4-309 and Appendix A (Sections may be added, deleted, or amended as necessary.) 2. The subject matter of the proposed rule: This rulemaking action arises from a five-year-review report approved by the Governor’s Regulatory Review Council on February 3, 2004. The Division proposes to amend the existing private fire emergency vehicle permit rule to ensure conformity to current Division requirements, Arizona Administrative Procedures Act, Secretary of State, and Governor’s Regulatory Review Council rulemaking format and style requirements. 3. A citation to all published notices relating to the proceeding: None 4. The name and address of agency personnel with whom persons may communicate regarding the rule:

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Name: Celeste M. Cook, Administrative Rules Analyst Address: Administrative Rule Unit Department of Transportation, Motor Vehicle Division 1801 W. Jefferson St., Mail Drop 530M Phoenix, AZ 85007 Telephone: (602) 712-7624 Fax: (602) 712-3081 E-mail: [email protected] Please visit the ADOT web site to track progress of this rule and any other agency rulemaking matters at www.mvd.azdot.gov/mvd/MVDRules/rules.asp. 5. The time during which the agency will accept written comments and the time and place where oral comments may be made: Written and oral comments will be accepted at the address provided in item 4 between 8:00 a.m. and 5:00 p.m., Mon- day through Friday, with the exception of state holidays. 6. A timetable for agency decisions or other action on the proceeding, if known: To be determined

NOTICE OF RULEMAKING DOCKET OPENING DEPARTMENT OF LIQUOR LICENSES AND CONTROL [R07-364] 1. Title and its heading: 19, Alcohol, Horse and Dog Racing, Lottery, and Gaming Chapter and its heading: 1, Department of Liquor Licenses and Control Article and its heading: 1, General Provisions; 2, Licensing; 3, Licensee Responsibilities; 4, Required Notices to Department; 5, Required Records and Reports; 6, Violations; Hearings; Discipline Section numbers: R19-1-101 through R19-1-112; R19-1-201 through R19-1-217; R19-1- 301 through R19-1-327; R19-1-401 through R19-1-407; R19-1-501 through R19-1-506; R19-1-601 through R19-1-606 (Sections may be added, deleted, or amended as necessary.) 2. The subject matter of the proposed rule: In response to a five-year-review report approved by the Council in March 2006, the Department is making new rules that are consistent with statute, Department practice, and current rule writing standards. The Department is repealing existing rules in a related rulemaking. 3. A citation to all published notices relating to the proceeding: None 4. Name and address of agency personnel with whom persons may communicate regarding the rule: Name: Natasha Ter-Grigoryan Address: Department of Liquor Licenses and Control 800 W. Washington St., 5th floor Phoenix, AZ 85007 Telephone: (602) 542-9030 Fax number: (602) 542-5707 E-mail: [email protected] 5. The time during which the agency will accept written comments and the time and place where oral comments may be made: The Department will accept comments during business hours at the address listed in item 4. Information regarding an oral proceeding will be included in the Notice of Proposed Rulemaking. 6. A timetable for agency decisions or other action on the proceeding, if known: To be decided

November 16, 2007 Page 4047 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

COUNTY NOTICES PURSUANT TO A.R.S. § 49-112

Because each county writes rules and regulations in its own unique style, County Notices published in the Register do not conform to the standards of the Arizona Rulemaking Manual. With the exception of minor formatting changes, the rules (including subsection labeling, spelling, grammar, and punctuation) are reproduced as submitted.

NOTICE OF FINAL RULEMAKING MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS RULE 322 – POWER PLANT OPERATIONS RULE 323 – FUEL BURNING EQUIPMENT FROM INDUSTRIAL / COMMERCIAL / INSTITUTIONAL SOURCES RULE 324 – STATIONARY INTERNAL COMBUSTION ENGINES [M07-630] PREAMBLE 1. Sections affected Rulemaking action Rule 322 Amend Rule 323 Amend Rule 324 Amend 2. Statutory authority for the rulemaking: Authorizing statutes: A.R.S. §§ 49-474, 49-479, and 49-480 Implementing statute: A.R.S. § 49-112 3. The effective date of the rules: October 17, 2007 4. List of all previous notices appearing in the Register addressing the final rules: Rules 322, 323 and 324 Notice of Rulemaking Docket Opening: 12 A.A.R. 4110, November 3, 2006 Rules 322 and 323 Notice of Proposed Rulemaking: 13 A.A.R. 1991, June 8, 2007. Rule 324 Notice of Proposed Rulemaking: 13 A.A.R.1908, June 1, 2007. 5. Name and address of department personnel with whom persons may communicate regarding the rulemaking: Name: Patricia P. Nelson or Jo Crumbaker Maricopa County Air Quality Department Address: 1001 N. Central Ave, Suite 595 Phoenix, AZ 85004 Telephone: (602) 506-6709 or (602) 506-6705 Fax: (602) 506-6179 E-mail: [email protected] or [email protected] 6. An explanation of the rules, including the department’s reasons for initiating the rules: Rule 322 – Power Plant Operations Since Maricopa County has amended Rule 100 (General Provisions and Definitions) on March 15, 2006 by adding a definition for nitrogen oxides (NOx), the County is amending Rule 322, by removing the definition of NOx in Rule 322, thus eliminating duplication of the terms in two different rules. The other significant amendment to the rule is the listing of EPA Reference Method 202 separately from EPA Reference Method 5. Performance of Method 202 will aid in quantifying condensable particulate matter (PM) emissions for emission inventory purposes. Condensable PM contributes to ambient PM levels and significantly to ambient PM 2.5 levels. Even though the particulate standards in

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this rule apply to compliance testing using Method 5, testing results per Method 202 will be used by the County to categorize the source and for emission inventory purposes. Some minor administrative changes are also addressed in the rule such as correcting section references, correcting usage of the term “heat input” in subsection 301.2 and the removal of the “#” sign before the American Society of Test Methods (ASTM) standards listed in Section 500. The definition of three-hour rolling average is changed to clock hour average rather than a 180 minute average since stakeholders commented that a continuous emission monitor may be down at times for calibration so that there may be a minute or two when one does not obtain data. Also the power plant permits contain language that deals with clock hours and for consistency it would be logical to place the same language in the rule as in the permit. Section 301.3 is being changed for clarity at a stakeholder’s request. The phrase “in lieu of manufacturer’s recommended procedures” is amended to state that either one of the temperature differential procedures in subsection 301.3 (a) or (b) may be used to prove good combustion practices. Section 305 is clarified to reflect the fact that a 400 ppmv emission limit for carbon monoxide will be the standard at all times and not just at steady state compliance testing. Other changes to the rule are the deletion of sections that have to do with compliance in Sections 303 and 400. Since many of the compliance dates have already passed, Maricopa County is removing these sections from the rule. Maricopa County has recently adopted Appendix G of the Maricopa County Air Pollution Control Regulations which now contains all of the test methods listed in the rules incorporated by reference; therefore the County is amending Section 504 to reference Appendix G. Rule 323 – Fuel Burning Equipment from Industrial/Commercial/Institutional Sources Since Maricopa County has amended Rule 100 (General Provisions and Definitions) on March 15, 2006, by adding a definition for nitrogen oxides, the County is amending Rule 323 by removing the definitions of nitrogen oxides (NOx), thus eliminating duplication of the terms. Another significant amendment to the rule is the listing of EPA Reference Method 202 separately from EPA Reference Method 5. Performance of Method 202 will aid in quantifying condensable particulate matter (PM) emissions for emission inventory purposes. Condensable PM contributes to ambient PM levels and significantly to ambient PM 2.5 levels. Even though the particulate standards in this rule apply to compliance testing using Method 5, testing results per Method 202 will be used by the County to categorize the source and for emission inventory purposes. A third major amendment in the rule is the omission of the exemption for agricultural combustion equipment. This omission was recommended by the EPA and will be consistent with the removal of these exemptions in various rules throughout the United States. A fourth major amendment in the rule is the permission to use waste derived fuel gas (landfill or digester gas) for combustion with up to 800 ppm of sulfur (0.08%). This amendment is being added to the rule because there are some waste-to-energy projects in Maricopa County and the County does not want to discourage these environmental projects from being pursued. Landfill and digester gases have been found to be higher in sulfur content than other fuels and after researching levels of sulfur in landfill and digester gases, a decision was made to raise the sulfur concentration allowed in these particular fuels. Due to the inclusion of a limit for these gases, a new test method is added to subsection 504.15 which tests for sulfur in these fuels. Another amendment to the rule is the language that refers to exemptions in subsection 103.8 of Rule 323. The County is amending the text to reflect the same language used in Rule 322 (Power Plant Operations), subsection 103.1, stating that the exemption applies to “Combustion equipment associated with nuclear power plant operations.” Other amendments to the rule are the deletion of subsections that have to do with compliance in Section 400. Since many of the compliance dates have already passed, Maricopa County is removing these sections from Rule 323. Maricopa County has also recently adopted new Appendix G in the Maricopa County Air Pollution Control Regulations. Appendix G contains all of the test methods incorporated by reference; therefore the County is amending language in Rule 323, Section 504 to reflect this. There are also some minor administrative amendments in the rule, such as correcting section references, correcting usage of the term “heat input” in subsections 301.1 and removing the “#” sign before the American Society of Test Methods (ASTM) standards listed in Section 500. In addition, subsection 501.2 is amended to clarify record keeping requirements for Emergency Fuel Usage. Rule 324 – Stationary Internal Combustion Engines Since Maricopa County has amended Rule 100 (General Provisions and Definitions) on March 15, 2006 by adding a definition for nitrogen oxides, the County is amending Rule 324 by removing the definitions of nitrogen oxides (NOx) in Section 200 of Rule 324, thus eliminating duplication of the terms.

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One significant amendment is the deletion of the broad exemption for agricultural equipment in Rule 324. This omission was recommended by the Environmental Protection Agency and is consistent with the removal of these exemptions in various rules throughout the United States. Another significant amendment is the removal of Control Officer discretion in using fuels that are higher than 0.05% sulfur content in subsection 301.2 of Rule 324 and the amendment to limit the sulfur concentration to 800 ppm for landfill and digester gases. The addition of text to Rule 324 in Subsection 207.3 and 207.4 regarding replacement engines is another significant change. The new text states that with every percentage point increase of the rated brake horsepower there shall be an associated decrease in emissions of nitrogen oxides, expressed as a mass per unit time, equal to or exceeding two percentage points. This amendment was prompted by the EPA. Also a limit of 500 hours is added to the text in Section 205 further defining emergency engines. Another amendment to the rule is the listing of EPA Reference Method 202 separately from EPA Reference Method 5 in Section 500 of Rule 324. Performance of Method 202 will aid in quantifying condensable particulate matter emissions for emission inventory purposes. Condensable PM contributes to ambient PM levels and significantly to ambient PM 2.5 levels. Even though the particulate matter standards in these rules apply to compliance testing using Method 5, testing results per Method 202 will be used by the County to categorize the source and also used for emission inventory purposes. Some minor administrative changes are in the rule such as correcting section references and the removal of the “#” sign before the American Society of Test Methods (ASTM) standards listed in each rule. Another amendment to the rule is the deletion of subsections that have to do with compliance in Section 400. Since many of the compliance dates have already passed, Maricopa County is removing these sections from the rule. The County is also amending the language in subsection 502.4 to state that a monthly rolling 12 month total record of hours of operation shall be maintained by the owner or operator as well as records of the fuel type and the sulfur content of the fuel. Another change is the addition of the requirement to use a non-resettable, tamperproof hour meter on emergency generators in order to total the hours that the units actually run. This amendment is new to the final rulemaking package and was requested by the EPA during their last review of the Notice of Proposed Rulemaking. 7. Demonstration of compliance with A.R.S. § 49-112: Under A.R.S.§ 49-112 (A), Maricopa County may adopt a rule that is more stringent than or in addition to a provision of the state, provided that the rule is necessary to address a peculiar local condition; and if it is either necessary to prevent a significant threat to public health or the environment that results from a peculiar local condition and is technically and economically feasible; or if it is required under a federal statute or regulation, or authorized pursuant to an intergovernmental agreement with the federal government to enforce federal statutes or regulations if the county rule is equivalent to federal statutes or regulations; and if any fee adopted under the rule will not exceed the reasonable costs of the county to issue and administer the program. Maricopa County is in compliance with A.R.S.§ 49-112(A) in that the Maricopa County revisions to Rules 322, 323 and 324 are more stringent than a provision of the state in order to address a peculiar local condition, the designation of Maricopa County as a serious non-attainment area for ozone, carbon monoxide and particulate matter at 10 microns. Maricopa County is the only ozone nonattainment county in Arizona. Therefore the county's adoption of more stringent rules is in compliance with A.R.S.§ 49-112. 8. Reference to any study relevant to the rule that the agency reviewed and either relied or did not rely on in its evaluation or justification for the rule; where the public may obtain or review each study; all data underlying each study, and any analysis of the study and other supporting material: None 9. Showing of good cause why the rule is necessary to promote a statewide interest if the rule will diminish a previous grant of authority of a political subdivision of this state: Not applicable 10. Summary of the economic, small business and consumer impact: Maricopa County Costs: Costs to Maricopa County Air Quality Division are those that accrue for implementation and enforcement of the new standards. There are not any additional costs to the County by the amendments to these three rules. There will be no economic impact on Maricopa County since the changes to this rule are administrative in nature. Rule 322 Costs: The sources that may be affected by this rule would be the two power plants operations in Maricopa County and their various sites. The amendments to the rule are all administrative in nature except for one amendment. These Volume 13, Issue 46 Page 4050 November 16, 2007

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administrative changes that should not cause any increased cost to industry are the following: removal of the definition for nitrogen oxides in Section 216, removal of compliance dates that have already passed in Section 400, removal of the number (#) signs before the test methods listed in Subsections 503.12-503.15 and the addition of a new test method listed in Subsection 503.16 that may be used to test for sulfur. Other amendments are the addition of text to Section 305 stating the conditions to be used for testing for nitrogen oxides, some changes to the definition of “three hour rolling average” and amended language discussing the test methods incorporated by reference in Section 504. There is only one amendment that is not administrative in nature that may cause a financial impact on stakeholders and that is the mandate to perform additional particulate matter testing per EPA Test Method 202 in Subsection 301.2. There will be an estimated $500 to $700 fee to industry every time the source performs compliance testing once per permit term (which is typically every 5 years) because they will be performing EPA Reference Method # 202 in addition to EPA Reference Method # 5. It is not anticipated that the expenditure of the $500 to $700 per test will cause any effect on revenues or payroll expenditures of the power plants subject to this rule nor on the private employment of businesses subject to this rule. Small businesses would not be subject to this rule because of the stated purpose in Section 101 of the rule, which only applies to power plant operations which are not small businesses. There will be no economic impact on Maricopa County since the changes to this rule are administrative in nature. There are no other agencies that are directly affected by the implementation of this rule, thus there will be no economic impact on any other agencies. There is no effect on state revenues from the amendments to this rule. There is no less intrusive or less costly alternative to achieve a particulate matter concentration result other than actual testing of the equipment in the field, which is the amendment to this rule of requiring the expenditure of $500 to $700 per test every five years. Rule 323 Costs: The sources that will be affected by this rule would be those industries where large boilers and turbines would be utilized for power and heat such as manufacturing, semiconductor, power plant operations, military bases, agriculture, hotels, hospitals and universities. The amendments to the rule are all administrative in nature except for two amendments. The administrative changes that should not cause any increased cost to industry are the following: removal of the definition for nitrogen oxides in Section 216, removal of compliance dates that have already passed in Section 400, removal of the number (#) signs before the test methods listed in Subsections 503.12-503.1, and the addition of a new test method listed in Subsection 503.16 that may be used to test for sulfur. There are two amendments that are not administrative in nature that may cause a financial impact on stakeholders. One of the major issues is the deletion of the agricultural exemption in Subsection 103. Agricultural operations using boilers or cogeneration steam generating units greater than 10 MM Btu/hr, turbines equal to or greater than 2.9 MW, or indirect process heaters with a heat input greater than 10 MM Btu/hr. would be subject to the rule. The EPA suggested that Maricopa County remove the exemption for agriculture to reflect current trends in the country. This would seem to be financially burdensome for agricultural activities, but a review of the sources of agriculture in Maricopa County reflected that there are no operations that involve boilers or turbines of this size. Therefore there would be no cost to agricultural sources in Maricopa County. The other amendment that would cause any financial impact on sources would be the inclusion of EPA Test Method 202 for testing PM 2.5 whenever a source test is used. There will be an estimated $500 to $700 fee to industry every time the source performs compliance testing (once per permit term which is typically every 5 years) because they will be performing EPA Reference Method # 202 in addition to EPA Reference Method # 5. It is not anticipated that the expenditure of the $500 to $700 per test will cause any effect on revenues or payroll expenditures of the businesses/operations subject to this rule nor on the private employment of businesses subject to this rule. There is no less intrusive or less costly alternative to achieve a particulate matter concentration result other than actual testing of the equipment in the field, which is the amendment to this rule of requiring the expenditure of $500 to $700 per test every five years per subsection 301.2. Small businesses more than likely would not be subject to this rule because of the boiler or turbine size required for the rule to be applicable. Even if a small business would use a boiler with a heat input greater than 10 MM Btu/hr., the amendments to this rule would only require the expenditure of the $500 to $700 listed above for particulate testing per Method 202 in addition to Method 5 per subsection 301.2. There will be no economic impact on Maricopa County since the changes to this rule that effect the County are administrative in nature. There are no other agencies that are directly affected by the implementation of this rule, thus

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Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

there will be no economic impact on any other agencies. There is no effect on state revenues from the amendments to this rule. Rule 324 Costs: The sources that may be affected by this proposed rule would be those industries where engines would be utilized for power such as manufacturing, semiconductor, power plant operations, military bases, and agriculture. The proposed amendments to the rule are all administrative in nature except for two proposed amendments. The proposed administrative changes that should not cause any increased cost to industry are the following: a limit on the number of hours than an emergency generator shall operate in Section 205, removal of the definition for nitrogen oxides in Section 216, removal of compliance dates that have already passed in Section 400, removal of the number (#) signs before the test methods listed in Subsections 503.12-503.15 and the addition of a new test method listed in Subsection 503.16 that may be used to test for sulfur. There are three proposed amendments that are not administrative in nature that may cause a financial impact on stakeholders. One of the major issues is the deletion of the agricultural exemption in Subsection 103. Agricultural operations using engines with a brake horsepower of 250 bhp or a combination of IC engines greater than 50 bhp that add up to 250 bhp would be subject to the rule. The EPA suggested that Maricopa County remove the exemption for agriculture to reflect current trends in the country. This would seem to be financially burdensome for agricultural activities, but a review of the sources of agriculture in Maricopa County reflected that there are no operations that involve engines of this size. Therefore there would be no cost to agricultural sources in Maricopa County. Another amendment that would cause any financial impact on sources would be the inclusion of EPA Test Method 202 for testing particulate matter at 2.5 microns whenever a source test is used. There will be an estimated $500 to $700 fee to industry every time the source performs compliance testing because they will be performing EPA Reference Method # 202 in addition to EPA Reference Method # 5. It is not anticipated that the expenditure of the $500 to $700 per test will cause any effect on revenues or payroll expenditures of the businesses/operations subject to this rule nor on the private employment in businesses. There is no less intrusive or less costly alternative to achieve a particulate matter concentration result other than actual testing of the equipment in the field, which is the amendment to this rule of requiring the expenditure of $500 to $700 per test every five years per subsection 301.2. Small businesses more than likely would not be subject to this rule because of the engine size required for the rule to be applicable. Operations at small businesses using engines with a brake horsepower of 250 bhp or a combination of IC engines greater than 50 bhp that add up to 250 bhp would be subject to the rule and this is not likely to occur at a small business. Even if a small business would use an engine greater than 250 bhp, the proposed amendments to this rule would only require the expenditure of the $500 to $700 listed above for particulate testing per Method 202 in addition to Method 5 per Section 304. The third amendment requiring the sources to install hour meters on all emergency engines as stated in Rule 324, Sections 104 and 105, will cost $60- $80 per meter per engine. Many engines already have hour meters since Maricopa County states that these meters may be used as far as tracking hours of operation in emergency generators in Rule 200, Subsection 303. 3 (5)(b) as an alternative to keeping written records. There is no less intrusive or less costly alternative to achieve an accurate tamperproof record of hours that an engine is operating other than using an hour meter. Recordkeeping by hand (written records) can be tampered with and are not as reliable as a mechanical hour meter which cannot be changed or adjusted. There will be no economic impact on Maricopa County since the changes to this rule are administrative in nature. There are no other agencies that are directly affected by the proposed implementation of this rule thus there will be no economic impact on any other agencies. There is no effect on state revenues from the amendments to this rule. 10. Name and address of department personnel with whom persons may communicate regarding the accuracy of the economic, small business, and consumer impact statement: Name: Patricia P. Nelson or Jo Crumbaker Air Quality Department Address: 1001 N. Central Ave., Suite 595, Phoenix, AZ 85004 Telephone: (602) 506-6709 or (602) 506-6705 Fax: (602) 506-6179 E-mail: [email protected] or [email protected] Volume 13, Issue 46 Page 4052 November 16, 2007

Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

11. Description of the changes between the proposed rules, including supplemental notices and final rules: There was one change to one of the three rules (Rules 324) since the Notice of Proposed Rulemaking was published and it was non-substantive. It was the addition of a requirement to install a tamperproof hour meter on emergency engines in Rule 324 in order to track the time that these engines operate and it was recommended by EPA. There are now limits on the hours of operation of these engines in the rules. The only way to determine (without a doubt) that the engines are running under the maximum amount of hours allowed is to have a record of it that is generated by a piece of tamperproof equipment versus being generated by an owner or operator. The requirement to install these meters was already in Rule 200 (Permit Requirements) as an option to keeping written records, so many of these engines in Maricopa County already have these hour meters. The cost of one of these meters ranges from $60 to $80 which is very affordable. The changes to the Rules are detailed below: Rule 322 – No changes Rule 323 – No changes Rule 324 – The following changes were made after the rule was proposed by the EPA. The change was non-substantive and made to improve recordkeeping provisions. 104.5 Used for reliability-related activities such as engine readiness, calibration, or maintenance or to prevent the occurrence of an unsafe condition during electrical system maintenance, as long as the total number of hours of the operation does not exceed 100 hours per calendar year per engine as evidenced by an installed non-resettable hour meter; 105.1 Each engine rated at or below 1000 bhp that operates less than 200 hours in any 12-consecutive-month period as evidenced by an installed non-resettable hour meter, and 105.2 Each engine rated above 1000 bhp that operates less than 100 hours in any 12-consecutive month period as evidenced by an installed non-resettable hour meter. 205 EMERGENCY ENGINE– Any stationary standby IC engine whose sole function is to provide back-up power when electric power from the local utility is interrupted or when operated solely for any of the reasons listed in Section 104. An emergency engine, for the purposes of this rule, shall not be used to supply standby power due to a voluntary reduction in power by a utility or power company, supply power for distribution or sale to the grid, or supply power at a source in order to avoid peak demand charges or high electric energy prices during on-peak price periods and shall not exceed 500 hours of operation, as evidenced by an installed non-resettable hour meter, including the 100 hours listed in subsection 104.5. 12. A summary of the comments made regarding the rule and the department response to them: Rule 322: No formal comments were received. Rule 323: No formal comments were received. Rule 324: Only one comment was received. COMMENT (EPA): Since there is now a requirement in the rule to allow emergency generators to operate for a maximum of 500 hours, then there should be a requirement to record the hours of operation with a non-resettable, tamperproof, totalizing hour meter. RESPONSE: The County had added this requirement to Rule 324. The requirement to monitor the hours of operation by using a non-resettable, tamperproof hour meter is now found in Sections 104.1, 104.2, 104.5 and 205. 13. Any other matters prescribed by the statute that are applicable to the specific department or to any specific rule or class of rules: No 14. Incorporation by reference and their location in the rules: New incorporations by reference Location ASTM Method D5504-01 Rule 323, Section 504.15 ASTM Method D5504-01 Rule 324, Section 503.16 15. Was this rule previously an emergency rule? No 16. The full text of the rules follows:

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Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 322 POWER PLANT OPERATIONS

INDEX

SECTION 100-GENERAL 101 PURPOSE 102 APPLICABILITY 103 EXEMPTIONS 104 PARTIAL EXEMPTIONS

SECTION 200-DEFINITIONS 201 COGENERATION STEAM GENERATING UNIT 202 COMBINED CYCLE GAS TURBINE 203 CONTINUOUS EMISSION MONITORING SYSTEM (CEMS) 204 COOLING TOWERS 205 CORRECTIVE ACTION PLAN (CAP) 206 DISTILLATE OIL 207 DRIFT 208 DRIFT ELIMINATOR 209 DRIFT RATE 210 ELECTRIC UTILITY STATIONARY GAS TURBINE 211 ELECTRIC UTILITY STEAM GENERATING UNIT 212 EMERGENCY FUEL 213 EMISSION CONTROL SYSTEM (ECS) 214 FOSSIL FUEL 215 FUEL SWITCHING STARTUP PROCESS 216 HEAT INPUT 217 HIGHER HEATING VALUE (HHV) 218 LOW SULFUR OIL 219 LOWER HEATING VALUE (LHV) 220 NATURAL GAS CURTAILMENT 221 NITROGEN OXIDES (NOx) 222221 OPACITY 223222 PARTICULATE MATTER EMISSIONS 224223 PEAK LOAD 225224 POWER PLANT OPERATION 226225 RATED HEAT INPUT CAPACITY 227226 REGENERATIVE CYCLE GAS TURBINE 228227 RESIDUAL OIL 229228 SIMPLE CYCLE GAS TURBINE 230229 STATIONARY GAS TURBINE 231230 SULFUR OXIDES (SOx) 232231 THIRTY (30) DAY ROLLING AVERAGE 233232 THREE (3) HOUR ROLLING AVERAGE 234233 TOTAL DISSOLVED SOLIDS (TDS) 235234 UNCOMBINED WATER

SECTION 300 – STANDARDS 301 LIMITATIONS – PARTICULATE MATTER 302 LIMITATIONS – OPACITY 303 LIMITATIONS – SULFUR IN FUEL 304 LIMITATIONS –NITROGEN OXIDES 305 LIMITATIONS –CARBON MONOXIDE

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Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

306 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND ECS MONITORING EQUIPMENT 307 EMERGENCY FUEL USE NOTIFICATION

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) 401 COMPLIANCE SCHEDULE

SECTION 500 – MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 RECORDS RETENTION 503 COMPLIANCE DETERMINATION 504 TEST METHODS ADOPTED INCORPORATED BY REFERENCE

Adopted 7/02/03 Revised 10/17/07 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 322

POWER PLANT OPERATIONS

SECTION 100 – GENERAL 101 PURPOSE: To limit the discharge of nitrogen oxides, sulfur oxides, particulate matter and carbon monoxide emissions into the atmosphere from stationary fossil-fuel-fired equipment at existing power plants and existing cogeneration plants and to limit particulate matter emissions from cooling towers associated with this equipment. 102 APPLICABILITY: This rule applies to any of the following types of equipment that burn fossil fuel for which construction commenced prior to May 10, 1996: 102.1 Each electric utility steam generating unit or cogeneration steam generating unit used to generate electric power that has a heat input of equal to or greater than 100 million (MM) Btu/hour (29 megawatts (MW)). 102.2 Each electric utility stationary gas turbine with a heat input at peak load equal to or greater than 10 MMBtu/hour (2.9 MW) based upon the lower heating value of the fuel. 102.3 Each cooling tower associated with the type of equipment listed in subsections 102.1 and 102.2. 103 EXEMPTIONS: This rule shall not apply to the following types of equipment: 103.1 Combustion equipment associated with nuclear power plant operations; or 103.2 Reciprocating internal combustion equipment. 104 PARTIAL EXEMPTIONS: 104.1 Stationary gas turbines that meet any of the following criteria listed below are exempt from Sections 304 and 305 and subsections 301.1, 301.2, 306.4, 401.4 and 501.4 of this rule: a. Used for fire fighting; or b. Used for flood control; or c. Used in the military at military training facilities or military gas turbines for use in other than a garrison; or d. Engaged by manufacturers in research and development of equipment for either gas turbine emission control techniques or gas turbine efficiency improvements. 104.2 All equipment listed in Section 102 fired with an emergency fuel that is normally fired with natural gas is exempt from Sections 304 and 305 and subsections 301.1, 301.2, and 306.4, 401.4, and 501.4 of this rule. 104.3 All equipment listed in Section 102 shall be exempt from Sections 304 and 305 and subsections 301.1, 301.2, and 306.4, 401.4 and 501.4 of this rule for 36 cumulative hrs. of firing emergency fuel per year, per unit for testing, reliability, training, and maintenance purposes.

SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall apply: See Rule 100 (General Provisions and Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. 201 COGENERATION STEAM GENERATING UNIT – A steam or hot water generating unit that simultaneously produces both electrical (or mechanical) and thermal energy (such as heat or steam) from the same primary energy

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Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

source and supplies more than one-third of its potential electric output to any utility power distribution system for sale. 202 COMBINED CYCLE GAS TURBINE – A type of stationary gas turbine wherein heat from the turbine exhaust is recovered by a steam generating unit to make steam for use in a steam-electric turbine. 203 CONTINUOUS EMISSION MONITORING SYSTEM (CEMS) – The total equipment required to sample and analyze emissions or process parameters such as opacity, nitrogen oxide, and oxygen or carbon dioxide, and to provide a permanent data record. 204 COOLING TOWERS – Open water recirculating devices that use fans or natural draft to draw or force air through the device to cool water by evaporation and direct contact. 205 CORRECTIVE ACTION PLAN (CAP) – A methodical procedure that is used to evaluate and correct a turbine operational problem and that includes, at a minimum, improved preventative maintenance procedures, improved ECS operating practices, possible operational changes, and progress reports. 206 DISTILLATE OIL – A petroleum fraction of fuel oil produced by distillation that complies with the specifications for fuel oil numbers 1 or 2, as defined by the American Society for Testing and Materials in ASTM D396-01, “Standard Specification for Fuel Oils.” 207 DRIFT – Water droplets, bubbles, and particulate matter that escape from cooling tower stacks. 208 DRIFT ELIMINATOR – Device used to remove drift from cooling tower exhaust air, thus reducing water loss by relying on rapid changes in velocity and direction of air-droplet mixtures by impaction on eliminator passage surfaces. A drift eliminator is not categorized as an emission control system but is an inherent part of the cooling tower's design requirements. 209 DRIFT RATE – Percentage (%) of circulating water flow rate that passes through a drift eliminator on a cooling tower. 210 ELECTRIC UTILITY STATIONARY GAS TURBINE – Any stationary gas turbine that is constructed for the purpose of supplying more than 1/3 of its potential electric output capacity to any utility power distribution system for sale. Both simple and combined cycle gas turbines are types of electric utility stationary gas turbines. 211 ELECTRIC UTILITY STEAM GENERATING UNIT – Any steam electric generating unit that uses fossil fuel and is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electric output to any utility power distribution system for sale. 212 EMERGENCY FUEL – Fuel fired only during circumstances such as natural gas emergency, natural gas curtailment, or breakdown of delivery system such as an unavoidable interruption of supply that makes it impossible to fire natural gas in the unit. Fuel is not considered emergency fuel if it is used to avoid either peak demand charges or high gas prices during on-peak price periods or due to a voluntary reduction in natural gas usage by the power company. 213 EMISSION CONTROL SYSTEM (ECS) – A system approved in writing by the Control Officer, designed and operated in accordance with good engineering practice to reduce emissions. 214 FOSSIL FUEL – Naturally occurring carbonaceous substances from the ground such as natural gas, petroleum, coal and any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating energy. 215 FUEL SWITCHING STARTUP PROCESS – The act of changing from one type of fuel to a different type of fuel. 216 HEAT INPUT – Heat derived from the combustion of fuel, not including the heat input from preheated combustion air, recirculated flue gases, or exhaust gases from other sources, such as gas turbines, internal combustion engines, and kilns. 217 HIGHER HEATING VALUE (HHV) or GROSS HEATING VALUE – The amount of heat produced by the complete combustion of a unit quantity of fuel determined by a calorimeter wherein the combustion products are cooled to the temperature existing before combustion and all of the water vapor is condensed to liquid. 218 LOW SULFUR OIL – Fuel oil containing less than or equal to 0.05 % by weight of sulfur. 219 LOWER HEATING VALUE (LHV) OR NET HEATING VALUE – The amount of heat produced by the complete combustion of a unit quantity of fuel determined by a calorimeter wherein the combustion products are cooled to the temperature existing before combustion and all of the water vapor remains as vapor and is not condensed to a liquid. The value is computed from the higher heating value by subtracting the water originally present as moisture and the water formed by combustion of the fuel. 220 NATURAL GAS CURTAILMENT – An interruption in natural gas service, such that the daily fuel needs of a combustion unit cannot be met with natural gas available due to one of the following reasons, beyond the control of the owner or operator:

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Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

220.1 An unforeseeable failure or malfunction, not resulting from an intentional act or omission that the governing state, federal or local agency finds to be due to an act of gross negligence on the part of the owner or operator; or 220.2 A natural disaster; or 220.3 The natural gas is curtailed pursuant to governing state, federal or local agency rules or orders; or 220.4 The serving natural gas supplier provides notice to the owner or operator that, with forecasted natural gas supplies and demands, natural gas service is expected to be curtailed pursuant to governing state, federal or local agency rules or orders. 221 NITROGEN OXIDES (NOx) – Oxides of nitrogen calculated as equivalent nitrogen dioxide. 222221 OPACITY – A condition of the ambient air, or any part thereof, in which an air contaminant partially or wholly obscures the view of an observer. 223 222 PARTICULATE MATTER EMISSIONS – Any and all particulate matter emitted to the ambient air as measured by applicable state and federal test methods. 224223 PEAK LOAD – 100% of the manufacturer’s design capacity of a gas turbine at 288° Kelvin, 60% relative humidity, and 101.3 kilopascals pressure (ISO standard day conditions). 225224 POWER PLANT OPERATION – An operation whose purpose is to supply more than one-third of its potential electric output capacity to any utility power distribution system for sale. 226225 RATED HEAT INPUT CAPACITY – The heat input capacity in million Btu/hr. a specified on the nameplate of the combustion unit. If the combustion unit has been altered or modified such that its maximum heat input is different than the heat input capacity on the name plate, the maximum heat input shall be considered the rated heat input capacity. 227226 REGENERATIVE CYCLE GAS TURBINE – Any stationary gas turbine that recovers thermal energy from the exhaust gases and utilizes the thermal energy to preheat air prior to entering the combustion unit. 228227 RESIDUAL OIL – The heavier oils that remain after the distillate oils and lighter hydrocarbons are distilled off in refinery operations. This includes crude oil or fuel oil numbers 1 and 2 that have a nitrogen content greater than 0.05 % by weight, and all fuel oil numbers 4, 5, and 6, as defined by the American Society of Testing and Materials in ASTM D396-01, “Standard Specifications for Fuel Oils.” 229228 SIMPLE CYCLE GAS TURBINE – Any stationary gas turbine that does not recover heat from the gas turbine exhaust gases to preheat the inlet combustion air to the gas turbine, or that does not recover heat from the gas turbine exhaust gases to heat water or generate steam. 230229 STATIONARY GAS TURBINE – Any simple cycle gas turbine, regenerative gas turbine or any gas turbine portion of a combined cycle gas turbine that is not self propelled or that is attached to a foundation. 231230 SULFUR OXIDES (SOx) – The sum of the oxides of sulfur emitted from the flue gas from a combustion unit that are directly dependent upon the amount of sulfur in the fuel used. 232231 THIRTY (30) DAY ROLLING AVERAGE – An arithmetic mean or average of all hourly emission rates for 30 successive combustion equipment operating days and calculated by a CEMS every hour. 233232 THREE (3) HOUR ROLLING AVERAGE – An arithmetic mean or average of the 180 most recent 1-minute average values calculated by a CEMS every minute. most recent three one (1) hour tests, or an arithmetic mean or average over a period of three hours which is newly calculated with each hourly measurement. 234233 TOTAL DISSOLVED SOLIDS (TDS) – The amount of concentrated matter reported in milligrams/liter (mg/l) or parts per million (ppm) left after filtration of a well-mixed sample through a standard glass fiber filter. The filtrate is evaporated to dryness in a weighed dish and dried to constant weight at 180° C and the increase in dish weight represents the total dissolved solids. 235234 UNCOMBINED WATER – Condensed water containing no more than analytical trace amounts of other chemical elements or compounds.

SECTION 300 – STANDARDS 301 LIMITATIONS – PARTICULATE MATTER: 301. 1 Fuel Type: An owner or operator of any combustion equipment listed in Section 102 shall burn only natural gas except when firing emergency fuel per subsection 104.2 and 104.3 of this rule. An owner or operator may burn a fuel other than natural gas for non-emergency purposes providing that the fuel shall not cause to be discharged more than 0.007 lbs. of particulate matter per MMBtu heat input, demonstrated and documented through performance testing of this alternate fuel using Test Method 5. This usage of different fuels other than natural gas shall be approved by the Control Officer prior to usage. 301.2 Particulate Matter Testing – A backhalf analysis shall be performed, using Reference Method 202 referenced in subsection 504.6, each time a compliance test for particulate matter emissions to meet the standard in subsection 301.1 of this rule is performed using test Method 5.

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County Notices Pursuant to A.R.S. 49-112

301.3 Good Combustion Practices for Turbines: An owner or operator of any stationary gas turbine listed in subsection 102.2, regardless of fuel type, shall use operational practices recommended by the manufacturer and parametric monitoring to ensure good combustion control as listed below. In lieu of a manufacturers’ recommended procedure to ensure good combustion practices, one One of the following procedures may be used: a. Monitor the maximum temperature differential across the combustion burners or at locations around the back end of the turbine, dependent upon the particular unit, to ensure no more than a 100°F difference using a thermocouple. If a valid maximum temperature differential of greater than 100°F is observed across the burners, investigation and corrective action shall be taken within three hours to reduce the temperature difference to 100°F or less; or b. If the manufacturer recommends that the maximum numerical temperature differential to ensure good combustion is a temperature that is greater than 100°F, then proof of this maximum alternate temperature shall be submitted to the Control Officer. The procedure to measure the maximum temperature differential listed above in subsection 301.2a 301.3a shall then be followed using the this alternate recommended maximum temperature differential after approval by the Control Officer. c. If the frequency of failure to meet the proper temperature differential of 100°F or to meet the alternate temperature differential recommended by the manufacturer reflects a pattern that the turbine is not being operated in a manner consistent with good combustion practices, then the Control Officer may require the owner or operator to submit a Corrective Action Plan (CAP). 301.3301.4 Cooling Towers: An owner or operator of a cooling tower associated with applicable units listed in Section 102 shall: a. Equip the cooling tower with a drift eliminator. The drift eliminator shall not be manufactured out of wood and. b. The concentration of Total Dissolved Solids (TDS) multiplied by the percentage of drift rate shall not exceed the maximum numerical limit of 20. c. Visually inspect the drift eliminator on a monthly basis only if the drift eliminator can be viewed safely and does not require an owner or operator to walk into the tower. If the drift eliminator cannot be safely inspected monthly then subsection 301.3d 301.4d shall apply: d. Visually inspect the drift eliminator for integrity during a regularly scheduled outage when the cooling tower is not operating, if it cannot be inspected on a monthly basis. This visual inspection shall be no less than once per year. 302 LIMITATIONS – OPACITY: 302.1 No person shall discharge into the ambient air from any single source of emissions any air contaminant, other than uncombined water, in excess of 20% opacity, except as provided in subsection 302.2. 302.2 Opacity may exceed the applicable limits established in subsection 302.1 for up to one hour during the start-up of switching fuels; however, opacity shall not exceed 40% for any six (6) minute averaging period in this one hour period, provided that the Control Officer finds that the owner or operator has, to the extent practicable, maintained and operated the source of emissions in a manner consistent with good air pollution control practices for minimizing emissions. The one hour period shall begin at the moment of startup of fuel switching. 302.3 Determination of whether good air pollution control practices are being used shall be based on information provided to the Control Officer upon request, which may include, but is not limited to, the following: a. Monitoring results. b. Opacity observations. c. Review of operating and maintenance procedures. d. Inspection of the source. 303 LIMITATIONS – SULFUR IN FUEL: An owner or operator of any applicable equipment listed in Section 102 that burns fuel oil alone or in combo combination with any other fuel as either emergency fuel or non-emergency fuel that meets the standards in subsection 301.1 shall use only low sulfur oil. with one exception. Existing supplies in storage of any fuel oil and/or of any used fuel oil with sulfur content greater than 0.05% by weight may be used by the owner or operator until (1.5 years after adoption of rule) for emergency fuel. This usage shall be reported within 24 hours to the Control Officer, verbally along with the dates of usage. A written report shall follow within 48 hrs. of usage which shall include identification of the nature of the emergency and actual and expected dates of usage.

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Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

304 LIMITATIONS – NITROGEN OXIDES: No owner or operator of any applicable equipment listed in subsection 102.1 that commenced construction or a major modification after May 30, 1972 shall cause to be discharged into the atmosphere nitrogen oxides in excess of the following limits: 304.1 155 ppmv heat input, calculated as nitrogen dioxide when burning gaseous fossil fuel. During steady state operations, this test result using EPA Reference Method(s) 7, shall be based upon the arithmetic mean of the results of three test runs. Each test run shall have a minimum sample time of one hour. If a Continuous Emission Monitoring System (CEMS) is used, the test result shall be based upon a 30-day rolling average. 304.2 230 ppmv heat input calculated as nitrogen dioxide when burning liquid fossil fuel. During steady state operations, this test result using EPA Reference Method(s) 7, shall be based upon the arithmetic mean of the results of three test runs. Each test run shall have a minimum sample time of one hour. If a CEMS is used, the test result shall be based upon a 30-day rolling average. 304.3 The nitrogen oxides concentration shall be measured dry and corrected to 3% oxygen for electric utility steam generating units and cogeneration steam generating units. The nitrogen oxides concentration shall be measured dry and corrected to 15% oxygen for stationary gas turbines. 305 LIMITATIONS – CARBON MONOXIDE: No owner or operator of any equipment listed in Section 102 shall cause to be discharged into the atmosphere carbon monoxide (CO) measured in excess of 400 ppmv at any time. during steady state compliance source testing. This test result, using EPA Reference Method 10, and performed during steady state compliance source testing shall be based upon the arithmetic mean of the results of three test runs. Each test run shall have a minimum sample time of one hour. The CO concentration shall be measured dry and corrected to 3% oxygen for electric utility steam generating units and cogeneration steam generating units. The CO concentration shall be measured dry and corrected to 15% oxygen for stationary gas turbines. 306 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND ECS MONITORING EQUIPMENT: 306.1 Emission Control System Required: For affected operations which may exceed any of the applicable standards set forth in Section 300 of this rule, an owner or operator may comply by installing and operating an emission control system (ECS). 306.2 Providing and Maintaining ECS Monitoring Devices: No owner or operator required to use an approved ECS pursuant to this rule shall do so without first properly installing, operating, and maintaining in calibration and in good working order, devices for indicating temperatures, pressures, transfer rates, rates of flow, or other operating conditions necessary to determine if air pollution control equipment is functioning properly and is properly maintained as described in an approved Operation and Maintenance (O&M) Plan. 306.3 Operation and Maintenance (O&M) Plan Required For ECS: a. General Requirements: An owner or operator shall provide and maintain an O&M Plan for any ECS, any other emission processing equipment, and any ECS monitoring devices that are used pursuant to this rule or to an air pollution permit. b. Approval by Control Officer: An owner or operator shall submit to the Control Officer for approval the O&M Plans of each ECS and each ECS monitoring device that is used pursuant to this rule. c. Initial Plans: An owner or operator that is required to have an O&M Plan pursuant to this rule shall comply with all O&M Plans that the owner or operator has submitted for approval, but which have not yet been approved, unless notified by the Control Officer in writing. Once the initial plan has been approved in writing by the Control Officer, an owner or operator shall then comply with the approved plan. d. Revisions to Plan: If revisions to the initial plan have been approved by the Control Officer in writing, an owner or operator shall comply with the revisions to the initial plan. If revisions to the plan have not yet been approved by the Control Officer, then an owner or operator shall comply with the newest recent O&M plan on file at Maricopa County Air Quality Department. e. Control Officer Modifications to Plan: After discussion with the owner or operator, the Control Officer may modify the plan in writing prior to approval of the initial O & M plan. An owner or operator shall then comply with the plan that has been modified by the Control Officer. 306.4 Continuous Emission Monitoring Systems (CEMS): a. An owner or operator of a combustion unit subject to Section 304 with a heat input of greater than 250 MMBtu/hr, regardless of fuel type, shall install, calibrate, maintain, and operate a CEMS for measuring nitrogen oxides and recording the output of the system. Where nitrogen oxide emissions are monitored by a CEMS, then a CEMS shall also be required for the measurement of the oxygen content of the flue gases. All CEMS shall comply with the provisions in 40 CFR Subpart Da, Part 60, 60.47 (a).

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County Notices Pursuant to A.R.S. 49-112

b. An owner or operator of any affected unit listed above that requires a CEMS for nitrogen oxides that meets and is continuing to meet the requirements of 40 CFR Part 75 may use that CEMS to meet the requirements of subsection 306.4 a of this rule. 307 EMERGENCY FUEL USE NOTIFICATION: An owner or operator of a unit that uses is fired with emergency fuel that but is normally fired with natural gas shall notify the Control Officer verbally no later than 24 hours after declaration of the emergency that necessitates its use in compliance with per subsection subsections 104.2 and 212. This verbal report shall be followed by a written report within 48 hrs.hours of initial emergency fuel usage. The written report shall also include identification of the nature of the emergency, initial dates of usage, and the expected dates of usage.

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) 401 COMPLIANCE SCHEDULE 401.1 Operation and Maintenance (O&M) Plan: Any owner or operator employing an approved ECS on the effective date of this rule shall by (insert 8 mos. after rule is adopted) file an O&M Plan with the Control Officer in accordance with subsection 306.3 of this rule. 401.2 Modifications to Existing ECS: Any owner or operator required to modify their ECS equipment or system by either reconstructing or adding on new equipment for compliance with this rule shall by (insert 6 months after rule is adopted) file a schedule for the modification with the Control Officer. The plan shall show how the ECS is to be used to achieve full compliance and shall specify dates for completing increments of progress. Any and all ECS(s) used to achieve such compliance shall be in operation by (insert 30 months after date of adoption of rule). 401.3 ECS Installation: An owner or operator required to install a new ECS to satisfy the requirements of this rule shall file a schedule for the installation of an ECS by (insert 8 months after the rule is adopted). The plan shall show how the ECS is to be used to achieve full compliance and shall specify dates for completing increments of progress. Any and all ECS(s) used to achieve such compliance shall be in operation by (insert 36 months after adoption of rule). 401.4 CEMS Installation: An owner or operator required to install or modify a CEMS to satisfy the requirements of this rule shall file a schedule for the installation or modification of the CEMS by (insert 8 months after the rule is adopted) and complete the installation of the CEMS by (insert 36 months after date of adoption of rule) .

SECTION 500 – MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING: Any owner or operator subject to this rule shall comply with the requirements set forth in this section. Any records and data required by this section shall be kept on site at all times in a consistent and complete manner and be made available without delay to the Control Officer or his designee upon request. Records shall consist of the following information: 501.1 Equipment Listed in Section 102: Type of fuel used, amount of fuel used, amount of sulfur in the fuel if using liquid fuel, and the days and hours of operation. 501.2 Cooling Towers: Monthly gravimetric testing reports for TDS shall be recorded for six months in succession and thereafter quarterly reports shall be recorded. Results of the monthly or yearly visual inspection of the drift eliminator shall also be recorded. If the drift eliminator cannot be visually inspected monthly, then documentation of the physical configuration of the drift eliminator shall be submitted to the Control Officer to demonstrate that the drift eliminator cannot be inspected monthly. 501.3 Emergency Fuel Usage: Type and amount of emergency fuel used, dates and hours of operation using emergency fuel, nature of the emergency or reason for the use of emergency fuel as stated in subsections 104.2 and 104.3. 501.4 Fuel Switching: Duration of fuel switch including stop and start times and monthly totals for twelve-month log of hours of operation for testing, reliability, and maintenance purposes per subsection 302.2. Monthly records of fuel switching including stop and start times, monthly records of hours of operation for testing, reliability and maintenance purposes per subsection 104.3, and a yearly log total of these hours. 501.5 CEMS: All CEMS measurements, results of CEMS performance evaluations, CEMS calibration checks, and adjustments and maintenance performed on these systems. 501.6 Good Combustion Practices: Measurements of the temperature differential across the burners of turbines per subsection 301.2 301. 3 a, b, or c, results of evaluation and of corrective action taken to reduce the temperature differential or a finding that the temperature differential returned to the range listed in subsection 301.2 301.3 a or b without any action by the owner or operator.

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Arizona Administrative Register / Secretary of State

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502 RECORDS RETENTION: Copies of reports, logs, and supporting documentation required by the Control Officer shall be retained for at least 5 years. Records and information required by this rule shall also be retained for at least 5 years. 503 COMPLIANCE DETERMINATION: 503.1 Low Sulfur Oil Verification: a. An owner or operator shall submit fuel oil or liquid fuel receipts from the fuel supplier indicating the sulfur content of the fuel or verification that the oil used to generate electric power meets the 0.05% sulfur limit if requested by the Control Officer; or b. If fuel receipts are not available then an owner or operator shall submit a statement of certification or proof of the sulfur content of the oil or liquid fuel from the supplier to the Control Officer; or c. An owner or operator may elect to test the fuel for sulfur content in lieu of certification from the fuel supplier or fuel receipts using one of the test methods listed in subsections 504.11, 504.12, 504.13 or 504.14. 503.2 Drift Rate Verification: An owner or operator shall submit design drift rate verification from the manufacturer of the drift eliminator used in the cooling towers to the Control Officer if proof of the design drift rate is requested by the Control Officer. 504 TEST METHODS ADOPTED INCORPORATED BY REFERENCE: The EPA test methods as they exist in the Code of Federal Regulations (CFR) (July 1, 2001 2004), as listed below, are adopted incorporated by reference in Appendix G of the Maricopa County Air Pollution Control Regulations. These adoptions by reference include no future editions or amendments. Copies of test methods referenced in this Section are available at the Maricopa County Environmental Services Air Quality Department, 1001 N. Central Avenue, Suite 595,Phoenix, AZ 85004- 1942. The ASTM methods (1990, 1998 and 2000) and the The Standard Methods listed below (1995) are is also adopted incorporated by reference. When more than one test method as listed in subsections 504.10 504.11 through 504.13 504.14 is permitted for the same determination, an exceedance of the limits established in this rule determined by any of the applicable test methods constitutes a violation. 504.1 EPA Reference Method 1 (“Sample and Velocity Traverses for Stationary Sources”), and 1A (“Sample and Velocity Traverses for Stationary Sources with Small Stacks and Ducts”) (40 CFR 60, Appendix A). 504.2 EPA Reference Method 2 (“Determination of Stack Gas Velocity and Volumetric Flow Rate”), 2A (“Direct Measurement of Gas Volume Through Pipes and Small Ducts”), 2C (“Determination of Stack Gas Velocity and Volumetric Flow Rate in Small Stacks or Ducts”), and 2D (“Measurement of Gas Volumetric Flow Rates in Small Pipes and Ducts”) (40 CFR 60, Appendix A). 504.3 EPA Reference Method 3 (“Gas Analysis for the Determination of Dry Molecular Weight”), 3A (“Determination of Oxygen and Carbon Dioxide Concentrations in Emissions From Stationary Sources (Instrumental Analyzer Procedure)”), 3B (“Gas Analysis for the Determination of Emission Rate Correction Factor of Excess Air”), and 3C (“Determination of Carbon Dioxide, Methane, Nitrogen and Oxygen from Stationary Sources”) (40 CFR 60, Appendix A). 504.4 EPA Reference Method 4 (“Determination of Moisture Content in Stack Gases”) (40 CFR 60, Appendix A). 504.5 EPA Reference Method 5 (“Determination of Particulate Emissions from Stationary Sources”) (40 CFR 60, Appendix A). and possibly, if requested by the Control Officer, EPA Reference Method 202 (“Determination of Condensable Particulate Emissions from Stationary Sources”) (40 CFR 51, Appendix M). 504.6 EPA Reference Method 202 (“Determination of Condensable Particulate Emissions from Stationary Sources”) (40 CFR 51, Appendix M). 504.6504.7 EPA Reference Method 7 (“Determination of Nitrogen Oxide Emissions from Stationary Sources”), 7A (“Determination of Nitrogen Oxide Emissions from Stationary Sources”), 7B (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Ultraviolet Spectrometry”), 7C (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Alkaline-Permanganate Colorimetric Method”), 7D (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Alkaline-Permanganate Chromatographic Method”), and 7E (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Instrumental Analyzer Method”) (40 CFR 60, Appendix A). 504.7504.8 EPA Reference Method 9 (“Visual Determination of the Opacity of Emissions from Stationary Sources”) (40 CFR 60, Appendix A). 504.9 EPA Reference Method 10 (“Determination of Carbon Monoxide Emissions from Stationary Sources”) (40 CFR 60, Appendix A). 504.9504.10 EPA Reference Method 20 (“Determination of Nitrogen Oxides, Sulfur Dioxide and Diluent Emissions from Stationary Gas Turbines”) (40 CFR 60, Appendix A).

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Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

504.10504.11 American Society of Testing Materials, ASTM Method #D2622-98, (“Standard Test Method for Sulfur in Petroleum Products by Wavelength Disperse X-Ray Fluorescence Spectrometry”), 1998. 504.11504.12 American Society of Testing Materials, ASTM Method #D1266-98, (“Standard Test Method for Sulfur in Petroleum Products – Lamp Method”), 1998. 504.12504.13 American Society of Testing Materials, ASTM Method #D2880-00, (“Standard Specification for Gas Turbine Fuel Oils”), 2000. 504.13504.14 American Society of Testing Materials, ASTM Method #D4294-90 or 98 (“Standard Test Method for Sulfur in Petroleum Products by Energy-Dispersive X-Ray Fluorescence Spectrometry”), 1990 or 1998. 504.14504.15 Standard Methods for the Examination of Water and Wastewater,(“Dissolved Solids Dried at 180ºC, Method #2540C”), American Public Health Association, 19th edition, 1995.

REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 323 FUEL BURNING EQUIPMENT FROM INDUSTRIAL /COMMERCIAL/ INSTITUTIONAL (ICI) SOURCES INDEX

SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY 103 EXEMPTIONS 104 PARTIAL EXEMPTIONS

SECTION 200 – DEFINITIONS 201 ALTERNATIVE FUELS 202 COGENERATION STEAM GENERATING UNIT 203 CORRECTIVE ACTION PLAN (CAP) 204 DISTILLATE OIL 205 EMERGENCY FUEL 206 EMISSION CONTROL SYSTEM (ECS) 207 FOSSIL FUEL 208 HEAT INPUT 209 LOW SULFUR OIL 210 NATURAL GAS CURTAILMENT 211 NITROGEN OXIDES(NOx) 212 211 OPACITY 213212 PARTICULATE MATTER EMISSIONS 214213 PEAK LOAD 215214 PROCESS HEATERS 216215 RATED HEAT INPUT CAPACITY 217216 REGENERATIVE CYCLE GAS TURBINE 218217 RESIDUAL OIL 219218 SIMPLE CYCLE GAS TURBINE 220219 STATIONARY GAS TURBINE 221220 STEAM GENERATING UNIT 222221 SULFUR OXIDES (SOx) 223222 UNCOMBINED WATER 223 WASTE DERIVED FUEL GAS 224 WATER HEATER

SECTION 300 – STANDARDS 301 LIMITATIONS – PARTICULATE MATTER 302 LIMITATIONS – OPACITY 303 LIMITATIONS -SULFUR IN FUEL 304 LIMITATIONS -NITROGEN OXIDES 305 LIMITATION – CARBON MONOXIDE

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Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

306 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND ECS MONITORING EQUIPMENT

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

401 COMPLIANCE SCHEDULE

SECTION 500 – MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 RECORDS RETENTION 503 COMPLIANCE DETERMINATION 504 TEST METHODS ADOPTED INCORPORATED BY REFERENCE

Adopted 7/03/05 Revised 10/17/07

REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 323 FUEL BURNING EQUIPMENT FROM INDUSTRIAL /COMMERCIAL/ INSTITUTIONAL (ICI) SOURCES INDEX

SECTION 100 – GENERAL 101 PURPOSE: To limit the discharge of nitrogen oxides, sulfur oxides, carbon monoxide, and particulate matter emissions into the atmosphere from fuel burning combustion equipment at industrial and/or commercial and/or institutional (ICI) sources. 102 APPLICABILITY: This rule applies to any of the following types of ICI combustion equipment that burns either fossil fuels or alternative fuels: 102.1 Each steam generating unit that has a maximum design rated heat input capacity from fuels combusted in the generating unit of greater than 10 million (MM) Btu/hr (2.9 Megawatts (MW)). 102.2 Each stationary gas turbine with a heat input at peak load equal to or greater than 2.9 megawatts (MW). 102.3 Each cogeneration steam generating unit with a heat input of greater than 10 MMBtu/hr and. 102.4 Each indirect-fired process heater with a heat input greater than 10 MMBtu/hr. 102.5 NSPS & NESHAP: In addition to this rule, facilities may be subject to New Source Performance Standards (NSPS) in Rule 360 and/or National Emission Standards for Hazardous Air Pollutants (NESHAP) in Rule 370 of these Rules. 103 EXEMPTIONS: This rule shall not apply to the following types of equipment: 103.1 Incinerators, crematories, or burn-off ovens; or 103.2 Combustion equipment used in agricultural operations in the growing of crops or the raising of fowl or animals; or 103.3103.2 Dryers, cement and lime kilns; or 103.4103.3 Direct-fired process heaters; or 103.5103.4 Medical waste incinerators; or 103.6103.5 Reciprocating internal combustion equipment; or 103.7103.6 Combustion equipment used in power plant operations for the purpose of supplying greater than one third of the electricity to any utility power distribution system for sale; or 103.8103.7 Combustion equipment used for the generation of nuclear power associated with nuclear power plant operations; or 103.9103.8 Water heaters used for the sole purpose of heating hot water for comfort or for radiant heat. 104 PARTIAL EXEMPTIONS: 104.1 Stationary gas turbines listed in subsection 102.2 of this rule that are used for any of the following reasons shall be exempt from Sections 304, 305 and subsections 301.1, 301.2, 501.1 and 501.3 of this rule: a. Used for firefighting; or b. Used for flood control; or c. Used at military training facilities other than a garrison facility; or d. Engaged by manufacturers in research and the development of equipment for either gas turbine emission control techniques or gas turbine efficiency improvements; or e. Fired with emergency fuel that is normally fired with natural gas, or

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Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

f. Testing, reliability, maintenance, training, and readiness purposes for a total of 36 hours per year per unit when firing any emergency fuel. 104.2 All steam generating units including cogeneration units and process heaters that are used for any of the following reasons shall be exempt from Sections 301, 304, 305 and subsections 501.1 and 501.3 of this rule: a. Fired with an emergency fuel that is normally fired with natural gas or b. Firing any emergency fuel for testing, reliability, and maintenance purposes up to a maximum total of 36 hrs. per unit per year.

SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall apply. See Rule 100 (General Provisions and Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. 201 ALTERNATIVE FUELS – Substitutes for traditional oil-derived and fossil-fuel derived motor vehicle fuels including but not limited to biodiesel, propane, ethanol or methanol. 202 COGENERATION STEAM GENERATING UNIT – A steam or hot water generating unit that simultaneously produces both electrical (or mechanical) and thermal energy (such as heat or steam) from the same primary energy source. 203 CORRECTIVE ACTION PLAN (CAP) – A methodical procedure that is used to evaluate and correct a turbine operational problem and that includes, at a minimum, improved preventative maintenance procedures, improved ECS operating practices, possible operational amendments, and progress reports. 204 DISTILLATE OIL – A petroleum fraction of fuel oil produced by distillation that complies with the specifications for fuel oil numbers 1 or 2, as defined by the American Society for Testing and Materials in ASTM D396-01, “Standard Specification for Fuel Oils.” 205 EMERGENCY FUEL – Fuel fired by a gas combustion unit, normally fueled by natural gas, only during circumstances of unforeseen disruption or interruption in the supply of natural gas to a unit that normally runs on natural gas. The inability to burn natural gas may be one of the following, but is not limited to natural gas emergency, natural gas curtailment, or a breakdown of the delivery system. 206 EMISSION CONTROL SYSTEM (ECS) – A system approved in writing by the Control Officer, designed and operated in accordance with good engineering practice to reduce emissions. 207 FOSSIL FUEL – Naturally occurring carbonaceous substances from the ground such as natural gas, petroleum, coal, and any form of solid, liquid or gaseous fuel derived from such material for the purpose of creating energy. 208 HEAT INPUT – Heat derived from the combustion of fuel not including the heat input from preheated combustion air, recirculated flue gases, or exhaust gases from other sources, such as gas turbines, internal combustion engines, and kilns. 209 LOW SULFUR OIL – Fuel oil containing less than or equal to 0.05 % by weight of sulfur. 210 NATURAL GAS CURTAILMENT – A shortage in the supply of natural gas, due solely to limitations or restrictions in distribution pipelines by the utility supplying the gas and not due to the cost of natural gas. 211 NITROGEN OXIDES (NOx): Oxides of nitrogen calculated as equivalent nitrogen dioxide. 212211 OPACITY – A condition of the ambient air, or any part thereof, in which an air contaminant partially or wholly obscures the view of an observer. 213212 PARTICULATE MATTER EMISSIONS – Any and all particulate matter emitted to the ambient air as measured by applicable state and federal test methods. 214213 PEAK LOAD – 100% of the manufacturer’s design capacity of a gas turbine at 288 Kelvin, 60% relative humidity, and 101.3 kilopascals pressure (ISO standard day conditions). 215214 PROCESS HEATERS – An enclosed combustion device that uses controlled flame to transfer heat to a process fluid or a process material that is not a fluid or to heat transfer material for use in a process unit (not including the generation of steam). Process heaters may be either indirect or direct-fired, dependent upon whether the gases of combustion mix with and exhaust to the same stack or vent (direct-fired) with gases emanating from the process material or not (indirect-fired). Emissions from indirect-fired units consist entirely of products of combustion while emissions from direct-fired units are unique to the given process and may vary widely in any industrial process. A process heater is not an oven or kiln used for drying, curing, baking, cooking, calcining, or vitrifying. 216215 RATED HEAT INPUT CAPACITY – The heat input capacity in million Btu/hr. as specified on the nameplate of the combustion unit. If the combustion unit has been altered or modified so that its maximum heat input is different than the heat input capacity on the nameplate (design heat capacity), the maximum heat input shall be considered as the rated heat input capacity.

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Arizona Administrative Register / Secretary of State

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217216 REGENERATIVE CYCLE GAS TURBINE – Any stationary gas turbine that recovers thermal energy from the exhaust gases and utilizes the thermal energy to preheat air prior to entering the combustor. 218217 RESIDUAL OIL – The heavier oils that remain after the distillate oils and lighter hydrocarbons are distilled off in refinery operations. This includes crude oil or fuel oil numbers 1 and 2 that have a nitrogen content greater than 0.05% by weight, and all fuel oil numbers 4, 5 and 6, as defined by the American Society of Testing and Materials in ASTM D396-01, “Standard Specification for Fuel Oils”. 219218 SIMPLE CYCLE GAS TURBINE – Any stationary gas turbine that does not recover heat from the gas turbine exhaust gases to preheat the inlet combustion air to the gas turbine, or that does not recover heat from the gas turbine exhaust gases to heat water or generate steam. 220219 STATIONARY GAS TURBINE – Any simple cycle gas turbine or regenerative gas turbine that is not self- propelled or that is attached to a foundation. 221220 STEAM GENERATING UNIT – An external combustion unit or boiler fired by fossil fuel that is used to generate hot water or steam. The hot water or steam is then used as energy for driving another process or piece of equipment. 222221 SULFUR OXIDES (SOx) – The sum of the oxides of sulfur emitted from the flue gas from a combustion unit that are directly dependent upon the amount of sulfur in the fuel used. 223222 UNCOMBINED WATER – Condensed water containing no more than analytical trace amounts of other chemical elements or compounds. 223 WASTE DERIVED FUEL GAS – Any gaseous fuel that is generated from the biodegradation of solid or liquid waste including but not limited to, sewage sludge, digester gas, and landfill gas. 224 WATER HEATER – A closed vessel in which water is heated by combustion of fuel and water is either withdrawn for use external to the vessel (at pressures not exceeding 160 psi with all controls and devices preventing water temperatures from exceeding 210°F) or used for radiant heat. Water heaters are usually no larger than 1 MM Btu/hr as opposed to boilers, do not reach temperatures of 220°F and higher that boilers can reach, and are not manufactured to meet boiler codes.

SECTION 300 – STANDARDS 301 LIMITATIONS – PARTICULATE MATTER: 301.1 Limitation- Liquid Fuels: An owner or operator shall not discharge, cause or allow the discharge of particulate matter emissions, caused by combustion of non-gaseous liquid fuels or a blend of liquid fuels with other fuels in excess of 0.10 lbs. per MMBtu heat input from any combustion units listed in subsections 102.1, 102.3 and 102.4 with either a rated heat input capacity or heat input of greater than 100 MM Btu/hr. 301.2 Particulate Matter Testing: A backhalf analysis shall be performed, using Reference Method 202 referenced in subsection 504.6 of this rule, each time a compliance test for particulate matter emissions to meet the standards in subsection 301.1 of this rule is performed using Method 5. (The results of the Method 202 testing shall be used for emissions inventory purposes). 301.2301.3 Good Combustion Practices for Turbines: An owner or operator of a stationary gas turbine listed in subsection 102.2 of this rule, regardless of fuel type or size, shall use operational practices recommended by the manufacturer and parametric monitoring that ensure good combustion control. In lieu of a manufacturer’s recommended procedure to ensure good combustion practices, one One of the following procedures may be used: a. Monitor the maximum temperature differential across the combustion burners or at locations around the back end of the turbine, dependent upon the particular unit, to ensure no more than a 100° F difference using a thermocouple. If a valid maximum temperature differential of greater than 100° F is observed across the burners, investigation and corrective action shall be taken within three hours to either reduce the temperature difference to 100° F or less, or b. If the manufacturer recommends that the maximum numerical temperature differential to ensure good combustion is a temperature that is greater than 100°F, then proof of this maximum alternate temperature shall be submitted to the Control Officer. The procedure to measure the maximum temperature differential listed above in subsection 301.2a301.3a shall then be followed using the alternate recommended maximum temperature differential after approval by the Control Officer. c. If a repetitive pattern of failure to meet the proper temperature differential of 100°F or to meet the alternate temperature differential recommended by the manufacturer indicates that the turbine is not being operated in a manner consistent with good combustion practices, then the Control Officer may require the owner or operator to submit a Corrective Action Plan (CAP). 302 LIMITATIONS – OPACITY: No owner or operator shall discharge into the ambient air from any single source of emissions any air contaminant, other than uncombined water, in excess of 20% opacity.

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303 LIMITATIONS – SULFUR IN FUEL: 303.1 An owner or operator of any applicable equipment listed in Section 102 that burns liquid fuel oil or a mixture or blend of fuel oil with any other fuels shall use only low sulfur oil with one exception:. An owner or operator using waste derived fuel gas shall use only waste derived fuel gas with a sulfur content less than or equal to 800 ppm (0.08%). 303.2 Existing supplies in storage of the fuel with a sulfur content greater than 0.05% by weight may be used by the owner or operator until (insert 1.5 years after adoption of rule) January 2, 2005. This usage shall be reported to the Control Officer along with the dates of usage within 72 hrs. of usage in writing. In the case of continuous or recurring high sulfur fuel use, the notification requirements of this rule shall be satisfied if the source provides the required notification and includes in the notification an estimate of the time for which the high sulfur fuel will be used. High sulfur fuel use that occurs after the estimated time period as originally reported shall require additional notification pursuant to this subsection. 304 LIMITATIONS – NITROGEN OXIDES: 304.1 An owner or operator of any combustion equipment listed in Section 102 with a heat input of greater than 10 MMBtu/hr to 100 MMBtu/hr, except gas turbines, shall comply either with (a) or (b) below: the following procedure: a. Establish initial optimal baseline concentrations for NOx and CO within 90 days of the first usage of the combustion equipment by testing the unit using EPA Test Method 7 and Method 10 for CO. utilizing the initial design burner specifications or manufacturer’s recommendations to ensure good combustion practices. Thereafter measure annually the NOx and CO emissions with a handheld monitor. If the unit does not meet the NOx and CO emissions limits listed in subsection 304.1(b) and Section 305 of this rule, then Tunetune the unit annually in accordance with good combustion practices or a manufacturer’s procedure, if applicable, that will include the following at a minimum: (1) Inspect the burner system and clean and replace any components of the burner as necessary to minimize emissions of NOx and CO, and (2) Inspect the burner chamber for areas of impingement and remove if necessary, and (3) Inspect the flame pattern and make adjustments as necessary to optimize the flame pattern, and (4) Inspect the system controlling the air-to-fuel ratio and ensure that it is correctly calibrated and functioning properly, and (5) Measure the NOx and the CO concentration of the effluent stream after each adjustment was made with a handheld portable monitor to ensure optimal baseline concentrations are maintained. or b. Limit nitrogen oxide emissions to no more than the following amounts: (1) 155 ppm heat input, calculated as nitrogen dioxide, when burning gaseous fuel. During steady state operations, this test result using EPA Reference Method(s)7 shall be based upon the arithmetic mean of the results of three test runs. Each test run shall have a minimum sample run time of one hour. (2) 230 ppm heat input, calculated as nitrogen dioxide, when burning liquid fuel. During steady state operations, this test result using EPA Reference Method(s)7 shall be based upon the arithmetic mean of the results of three test runs. Each test run shall have a minimum sample run time of one hour. c. For simple gas turbines, the nitrogen oxides shall be measured dry and corrected to 15% oxygen. For all other combustion equipment, the nitrogen oxides shall be measured dry and corrected to 3% oxygen. 304.1 An owner or operator of any combustion equipment, listed in Section 102 of this rule, with a heat input greater than 100 MMBtu/hr, shall: a. Tune the equipment every 6 months with good combustion practices or a manufacturer’s procedure that at a minimum includes the procedures listed in subsection 304.1a of this rule and b. Meet the NOx emission limits as stated in subsection 304.1b of this rule. 305 LIMITATIONS – CARBON MONOXIDE: No owner or operator of any equipment listed in Section 102 of this rule with a heat input greater than 100 MM Btu/hr shall cause to be discharged into the atmosphere, carbon monoxide (CO), measured in excess of 400 ppmv at any time. during steady state source testing.. This test result, using EPA Reference Method 10, shall be based upon the arithmetic mean of the results of three test runs and shall be measured during steady state compliance source testing. Each test run shall have a minimum sample time of one hour. For simple gas turbines, the CO shall be measured dry and corrected to 15% oxygen. For all other combustion equipment, the CO shall be measured dry and corrected to 3% oxygen.

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Arizona Administrative Register / Secretary of State

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306 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND ECS MONITORING EQUIPMENT: 306.1 Emission Control System Required: For affected operations which may exceed any of the applicable standards set forth in Sections 300 of this rule, an owner or operator may comply by installing and operating an emission control system (ECS). 306.2 Providing and Maintaining ECS Monitoring Devices: No owner or operator required to use an approved ECS pursuant to this rule shall do so without first providing, properly installing, operating, and maintaining in calibration and in good working order, devices for indicating temperatures, pressures, transfer rates, rates of flow, or other operating conditions necessary to determine if air pollution control equipment is functioning properly and is properly maintained as described in an approved O&M Plan. 306.3 Operation and Maintenance (O&M) Plan Required For ECS: a. General Requirements: An owner or operator shall provide and maintain an O&M Plan for any ECS, any other emission processing equipment, and any ECS monitoring devices that are used pursuant to this rule or an air pollution permit. b. Approval by Control Officer: An owner or operator shall submit to the Control Officer for approval the O&M Plans of each ECS and each ECS monitoring device that is used pursuant to this rule. c. Initial Plans: An owner or operator that is required to have an O&M Plan pursuant to this rule shall comply with all O&M Plans that the owner or operator has submitted for approval, but which have not yet been approved, unless notified by the Control Officer in writing. Once the initial plan has been approved in writing by the Control Officer, an owner or operator shall comply with this approved plan. d. Revisions to Plan: If revisions to the initial plan have been approved by the Control Officer in writing, an owner or operator shall comply with the revisions to the initial plan. If revisions to the plan have not yet been approved by the Control Officer in writing, then an owner or operator shall comply with the most recent O&M plan on file at Maricopa County Air Quality Department. e. Control Officer Modifications to Plan: After discussion with the owner or operator, the Control Officer may modify the plan in writing prior to approval of the initial O&M plan. An owner or operator shall then comply with the plan that has been modified by the Control Officer.

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) 401 COMPLIANCE SCHEDULE 401.1 Operation and Maintenance (O&M) Plan: Any owner or operator employing an approved ECS on the effective date of this rule shall by (insert 8 mos. after rule is adopted) March 2, 2004 file an O&M Plan with the Control Officer in accordance with subsection 306.3 of this rule. 401.2 Modifications to Existing ECS: Any owner or operator required to modify their ECS equipment or system by either reconstructing or adding on new equipment for compliance with this rule shall by (insert 8 months after rule is adopted) March 2, 2004 file a schedule for the modification with the Control Officer. The plan shall show how the ECS is to be used to achieve full compliance and shall specify dates for completing increments of progress. Any and all ECS used to achieve such compliance shall be in operation by (insert 24 months date of adoption of rule) July 2, 2005. 401.3 ECS Installation: An owner or operator required to install a new ECS for compliance with this rule shall by (insert 8 months after rule is adopted) March 2, 2004 file a schedule for the installation with the Control Officer. The ECS shall be installed and in compliance by (36 months after adoption of the rule) July 2, 2006.

SECTION 500 – MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING: An owner or operator subject to this rule shall comply with the requirements set forth in this section. Any records and data required by this section shall be kept on site at all times in a consistent and complete manner and be made available without delay to the Control Officer or his designee upon request. Records shall consist of the following information: 501.1 Equipment Listed In Section 102: Type of fuel used, amount of fuel used, amount of sulfur in the fuel if using liquid fuel, and the days and hours of operation. 501.2 Emergency Fuel Usage: – Type of emergency fuel used, dates and hours of operation using emergency fuel, nature of the emergency or purpose for the use of emergency fuel as stated in subsections 104.1 and 104.2 of this rule, and monthly totals for twelve-month log of hours of operation in the emergency mode. Monthly records of: type of emergency fuel used, dates and hours of operation using emergency fuel, and nature of the emergency or purpose for the use of the emergency fuel as stated in subsections 104.1 and 104.2 of this rule. Yearly records of the twelve month log of hours of operation in the emergency mode.

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Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

501.3 Good Combustion Practice: Measurements of the temperature differential across the burners of turbines per subsection 301.2, 301.3 of this rule, results of evaluation and corrective action taken to reduce the temperature differential or a finding that the temperature differential returned to the range listed in subsection 301.2 301.3 (a) or (b) of this rule without any action by the owner or operator. 501.4 Tuning Procedure: Date that the procedure was performed on the particular unit and at a minimum: stack gas temperature, flame conditions, nature of the adjustment and results of the nitrogen oxide and carbon monoxide concentrations obtained by using a handheld monitor after each adjustment. 501502 RECORDS RETENTION: Copies of reports, logs and supporting documentation required by the Control Officer shall be retained for at least 5 years. Records and information required by this rule shall also be retained for at least 5 years. 502503 COMPLIANCE DETERMINATION: 503.1 Low Sulfur Oil Verification: a. An owner or operator shall submit fuel oil receipts from the fuel supplier indicating the sulfur content of the fuel oil or verification that the fuel oil used meets the 0.05% sulfur limit or the 0.08% limit for landfill or digester gas if requested by the Control Officer, or b. If fuel receipts are not available, an owner or operator shall submit a statement of certification or proof of the sulfur content of the fuel oil from the supplier to the Control Officer, or c. An owner or operator may elect to test the fuel oil for sulfur content in lieu of certification from the fuel supplier or fuel receipts. using one of the test methods incorporated by reference in subsections 504.11, 504.12, 504.13, 504.14 or 504.15 of this rule. 504 TEST METHODS ADOPTED INCORPORATED BY REFERENCE: The EPA test methods as they exist in the Code of Federal Regulations (CFR) (July 1, 2001 2004), as listed below, are adopted incorporated by reference in Appendix G of the Maricopa County Air Pollution Control Regulations. These adoptions by reference include no future editions or amendments. Copies of test methods referenced in this section Section are available at the Maricopa County Environmental Services Air Quality Department, 1001 N. Central Avenue, Phoenix, AZ 85004- 1942. The ASTM methods (1990, 1992, 1998 and 2000) are also adopted by reference. When more than one test method as listed in subsections 504.10 504.11, 504.12, to 504.13 504.14, or 504.15 of this rule is permitted for the same determination, an exceedance of the limits established in this rule determined by any one of the applicable test methods constitutes a violation. 504.1 EPA Reference Method 1 (“Sample and Velocity Traverses for Stationary Sources”), and 1 A (“Sample and Velocity Traverses for Stationary Sources with Small Stacks and Ducts”) (40 CFR 60, Appendix A). 504.2 EPA Reference Method 2 (“Determination of Stack Gas Velocity and Volumetric Flow Rate”), 2A (“Direct Measurement of Gas Volume Through Pipes and Small Ducts”), 2C (“Determination of Stack Gas Velocity and Volumetric Flow Rate in Small Stacks or Ducts”), and 2D (“Measurement of Gas Volumetric Flow Rates in Small Pipes and Ducts”) (40 CFR 60, Appendix A). 504.3 EPA Reference Method 3 (“Gas Analysis for the Determination of Dry Molecular Weight”), 3A (“Determination of Oxygen and Carbon Dioxide Concentrations in Emissions from Stationary Sources (Instrumental Analyzer Procedure)”), 3B (“Gas Analysis for the Determination of Emission Rate Correction Factor of Excess Air”), and 3C (“Determination of Carbon Dioxide, Methane, Nitrogen and Oxygen from Stationary Sources”) (40 CFR 60, Appendix A). 504.4 EPA Reference Method 4 (“Determination of Moisture Content in Stack Gases”) (40 CFR 60, Appendix A). 504.5 EPA Reference Method 5 (“Determination of Particulate Emissions from Stationary Sources”) (40 CFR 60, Appendix A) and possibly, if requested by the Control Officer, EPA Reference Method 202 (“Determination of Condensable Particulate Emissions from Stationary Sources”) (40 CFR 51, Appendix M). 504.6 EPA Reference Method 202 (“Determination of Condensable Particulate Emissions from Stationary Sources”) (40 CFR 51, Appendix M). 504.6504.7 EPA Reference Method 7 (“Determination of Nitrogen Oxide Emissions from Stationary Sources”), 7A (“Determination of Nitrogen Oxide Emissions form Stationary Sources”), 7B (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Ultraviolet Spectrometry”), 7C (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Alkaline-Permanganate Colorimetric Method”), 7D (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Alkaline – Permanganate Chromatographic Method”), and 7E (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Instrumental Analyzer Method“), (40 CFR 60, Appendix A).

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Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

504.7504.8 EPA Reference Method 9, (“Visual Determination of the Opacity of Emissions from Stationary Sources”) (40 CFR 60, Appendix A). 504.8 504.9 EPA Reference Method 10, (“Determination of Carbon Monoxide from Stationary Sources”) (40 CFR 60, Appendix A). 504.9 504.10 EPA Reference Method 20, (“Determination of Nitrogen Oxides, Sulfur Dioxide, and Diluent Emissions From Stationary Gas Turbines”) (40 CFR 60, Appendix A). 504.10504.11 American Society of Testing Materials, ASTM Method # D2622-92 or 98, (“Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry”), 1992 or 1998. 504.11504.12 American Society of Testing Materials, ASTM Method # D1266-98, (“Standard Test Method for Sulfur in Petroleum Products (Lamp Method)”), 1998. 504.12504.13 American Society of Testing Materials, ASTM Method # D2880-00, (“Standard Specification for Gas Turbine Fuel Oils”), 2000. 504.13504.14 American Society of Testing Materials, ASTM Method # D4294-90 or 98, (“Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy- Dispersive X-ray Fluorescence Spectrometry”), 1990 or 1998. 504.15 American Society of Testing Materials, ASTM Method D5504-01, (“Standard Test Method for Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and Chemiluminescence”), 2006.

REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 324 STATIONARY INTERNAL COMBUSTION (IC) ENGINES

INDEX

SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY 103 EXEMPTIONS 104 PARTIAL EXEMPTIONS FOR EMERGENCY ENGINES 105 PARTIAL EXEMPTIONS FOR LOW USAGE ENGINES

SECTION 200 – DEFINITIONS 201 AFTERCOOLER / INTERCOOLER 202 COGENERATION UNIT 203 COMPRESSION-IGNITION ENGINE 204 DIESEL ENGINE 205 EMERGENCY GENERATOR 206 ENGINE FAMILY 207 EQUIVALENT REPLACEMENT ENGINE 208 EXISTING ENGINE 209 IDENTICAL REPLACEMENT ENGINE 210 INTERNAL COMBUSTION (IC) ENGINE, PORTABLE 211 INTERNAL COMBUSTION (IC) ENGINE, STATIONARY 212 LEAN-BURN ENGINE 213 LOCATION 214 LOW SULFUR OIL 215 NEW ENGINE 216 NITROGEN OXIDES (NOx) 217 216 PART(S) PER MILLION, DRY VOLUME (ppmdv) 218 217 PRIME ENGINES 219218 RATED BRAKE HORSEPOWER (RATED bhp) 220219 RICH-BURN ENGINE 221220 SPARK-IGNITION ENGINE 222221 SULFUR OXIDES (SOx) 223 222 WASTE DERIVED FUEL GAS

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Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

SECTION 300 – STANDARDS 301 LIMITATIONS FOR EXISTING AND NEW STATIONARY IC ENGINES 302 ADDITIONAL LIMITATIONS FOR IC ENGINES > 250 RATED bhp 303 EQUIVALENT OR IDENTICAL ENGINE REPLACEMENT

SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE

SECTION 500 – MONITORING AND RECORDS 501 COMPLIANCE DETERMINATION 502 RECORDKEEPING/RECORDS RETENTION 503 TEST METHODS ADOPTED INCORPORATED BY REFERENCE

Adopted 10/23/03 Revised 10/17/07 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 324 STATIONARY INTERNAL COMBUSTION (IC) ENGINES

SECTION 100 – GENERAL 101 PURPOSE: To limit carbon monoxide (CO), nitrogen oxides (NOx), sulfur oxides (SOX), volatile organic compounds (VOCs), and particulate matter (PM) emissions from stationary internal combustion (IC) engines, including stationary IC engines used in cogeneration. 102 APPLICABILITY: The provisions of this rule apply to any single existing or new stationary spark or compression- ignited reciprocating IC engine or including stationary IC engines used in cogeneration, with a rating of greater than 250 brake horsepower (bhp). The provisions of this rule also apply to a combination of IC engines each with a rated brake horsepower greater than 50 bhp used at a single source, whose maximum aggregate rated brake horsepower is greater than 250 bhp. 103 EXEMPTIONS: The following types of stationary IC engines are exempt from all of the requirements of this rule but shall comply with Rule 300: 103.1 Any rotary engine, including gas turbines, jet engines, 103.2 An IC engine operated as a non-road engine, 103.3 An IC engine used directly and exclusively by the owner and/or operator for agricultural operations necessary for the growing of crops or the raising of fowl or animals, 103.4103.3 A laboratory IC engine used directly and exclusively for engine research including engine development, and subsequent engine performance verification for the purpose of either engine emission control techniques or engine efficiency improvements, 103.5103.4 A prime engine when it is operated for purposes of performance verification and testing by the owner or operator or by a manufacturer or distributor of such equipment for the purpose of performance verification and testing at the production facility, 103.6103.5 A compressed gas IC engine used for solar testing and research programs,

103.7103.6 An IC engine operated as an emergency generator or other equipment at a nuclear power plant that must run for safety reasons and/or operational tests to meet requirements imposed by the Nuclear Regulatory Commission, 103.8103.7 An IC engine test stand used for evaluating engine performance, and

103.9103.8 An IC engine used for training purposes as long as the total number of hours of the operation does not exceed 100 hours per calendar year per engine. 104 PARTIAL EXEMPTIONS FOR EMERGENCY ENGINES: Any stationary IC engine operated as an emergency engine for any of the following reasons is exempt from all of the provisions of this rule, except for the provisions in Sections 301, 303, and subsections 502.1 and 502.4:

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Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

104.1 Used only for power when normal power service fails from the serving utility or if onsite electrical transmission or onsite power generation equipment fails; 104.2 Used only for the emergency pumping of water resulting from a flood, fire, lightning strikes, police action or for any other essential public services which affect the public health and safety; 104.3 Used for lighting airport runways; 104.4 Used for sewage overflow mitigation and/or prevention; 104.5 Used for reliability-related activities such as engine readiness, calibration, or maintenance or to prevent the occurrence of an unsafe condition during electrical system maintenance, as long as the total number of hours of the operation does not exceed 100 hours per calendar year per engine as evidenced by an installed non-resettable hour meter; 104.6 Used as the prime engine when the prime engine has failed, but only for such time as is needed to repair the prime engine; or 104.7 Used to operate standby emergency water pumps for fire control that activate when sensors detect low water pressure. 105 PARTIAL EXEMPTIONS FOR NON-EMERGENCY LOW USAGE PRIME ENGINES: The following non- emergency, low usage, prime engines are exempt from all of the provisions of this rule except for the provisions in Sections 301, 303 and subsections 502.1 and 502.4: 105.1 Each engine rated at or below 1000 bhp that operates less than 200 hours in any 12-consecutive-month period as evidenced by an installed non-resettable hour meter, and 105.2 Each engine rated above 1000 bhp that operates less than 100 hours in any 12-consecutive month period as evidenced by an installed non-resettable hour meter.

SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall apply. See Rule 100 (General Provisions And Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. 201 AFTERCOOLER / INTERCOOLER– A system that cools the engine intake air or air/fuel mixture after the air exits the turbocharger and prior to the introduction into the cylinder, thereby lowering NOx emissions. 202 COGENERATION UNIT– Internal combustion engine unit that burns fuel to simultaneously produce electricity and heat in a single thermodynamic process and is usually located in close proximity to the equipment requiring the heat energy. 203 COMPRESSION – IGNITION ENGINE – A reciprocating internal combustion engine with operating characteristics wherein the principal mechanism of igniting the fuel and air mixture in the cylinders is the compression of air in the cylinder until it is so hot that any fuel injected into the air or mixed with the air ignites. In this type of engine, a separate ignition source, such as a spark plug, is not used. 204 DIESEL ENGINE – A type of compression- ignited IC engine. 205 EMERGENCY ENGINE– Any stationary standby IC engine whose sole function is to provide back-up power when electric power from the local utility is interrupted or when operated solely for any of the reasons listed in Section 104. An emergency engine, for the purposes of this rule, shall not be used to supply standby power due to a voluntary reduction in power by a utility or power company, supply power for distribution or sale to the grid, or supply power at a source in order to avoid peak demand charges or high electric energy prices during on-peak price periods and shall not exceed 500 hours of operation, as evidenced by an installed non-resettable hour meter, including the 100 hours listed in subsection 104.5. 206 ENGINE FAMILY – A group of engines with similar design features such as fuel type, cooling medium, method of air aspiration, combustion chamber design including cylinder bore and stroke, exhaust aftertreatment (if any), method of fuel admission, and method of control. These engines are also expected to have similar emission and operating characteristics throughout their useful lives. 207 EQUIVALENT REPLACEMENT ENGINE – An engine that is substituted for a stationary IC engine that is intended to perform the same or similar function as the original engine and where all of the following conditions exist: 207.1 The replacement engine results in equal or lower air contaminant emissions than the existing engine; 207.2 The replacement engine meets the emission control technology standards contained in either Table 1 or Table 2 of this rule, and 207.3 The rated bhp of the replacement engine does not exceed the rated bhp of the existing engine (or sum of existing engines) by more than 20 percent. For every percentage point increase of the rated brake horsepower, there shall be an associated decrease in emissions of nitrogen oxides, expressed as a mass per unit time, equal to or exceeding two percentage points.

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Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

208 EXISTING ENGINE – An engine that commenced operation prior to October 22, 2003 or an engine on which the construction or modification has commenced prior to October 22, 2003, including the contractual obligation to undertake and complete an order for an engine. 209 IDENTICAL REPLACEMENT ENGINE -An engine that is substituted for an existing stationary IC engine that has the same manufacturer type, model number, manufacturer’s maximum rated capacity, bhp, and that is intended to perform the same or similar function as the original stationary IC engine that it replaces and has equal or lower emissions or meets the emission control technology requirements in Section 304, Table 1, 2, or 3. 210 INTERNAL COMBUSTION (IC) ENGINE, NONROAD 210.1 Any IC engine: a. In or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers); b. In or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or c. That, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include but are not limited to, wheels, skids, carrying handles, dollies, trailers, or platforms. 210.2 An internal combustion engine is not a nonroad engine if: a. The engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under Section 202 of the Clean Air Act; b. The engine is regulated by a federal New Source Performance Standard promulgated under Section 111 of the Clean Air Act; c. The engine otherwise included in paragraph (c) above of this definition remains or will remain at a location for more than 12 consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e. at least two years) and that operates at that single location approximately three months (or more) each year. This paragraph does not apply to an engine after the engine is removed from the location. 211 INTERNAL COMBUSTION (IC) ENGINE, STATIONARY – Any reciprocating, piston-driven IC engine that is operated or intended to be operated at one specific location for more than 12 consecutive months or that is attached to a foundation at the location. Any engine that replaces an engine at a location and is intended to perform the same or similar function as the engine being replaced will be included in calculating the consecutive time period. A stationary IC engine is not a non-road engine. 212 LEAN-BURN ENGINE – A spark-ignited engine with an air-to-fuel operating range that has more air present than is needed to burn the fuel present and cannot be adjusted to operate with an exhaust oxygen concentration of less than or equal to 2 %. 213 LOCATION – Any single site at a building, structure, facility or installation. 214 LOW SULFUR OIL – Fuel oil containing less than or equal to 0.05 % sulfur by weight. 215 NEW ENGINE -An engine that is not an existing engine. 216 NITROGEN OXIDES (NOx) – Oxides of nitrogen calculated as equivalent nitrogen dioxide. 217216 PART(S) PER MILLION, DRY VOLUME (ppmdv) – A unit of proportion equal to 10-6 that is measured on a dry basis (minus water) at 15% oxygen. 218217 PRIME ENGINE – A principal or main use engine that is dedicated to a process or processes for the purpose of supplying primary mechanical or electrical power as opposed to an emergency engine. 219218 RATED BRAKE HORSEPOWER – The maximum brake horsepower (bhp) specified by the engine manufacturer for the engine application, usually listed on the nameplate of the engine. If the engine has been altered so that the maximum brake horsepower is different than the rated brake horsepower on the nameplate, then the maximum brake horsepower shall be considered the rated brake horsepower. 220219 RICH-BURN ENGINE – Any spark-ignited IC engine that is not a lean-burn engine. 221220 SPARK-IGNITION ENGINE – An IC engine wherein the fuel is usually mixed with intake air before introduction into the combustion chamber resulting in a relatively homogeneous air/fuel mixture in the combustion chamber, at which time a spark plug then ignites the air/fuel mixture. 222221 SULFUR OXIDES (SOx) – Oxides of sulfur calculated as equivalent sulfur dioxide.

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Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

223222 WASTE DERIVED FUEL GAS – Any gaseous fuel that is generated from the biodegradation of solid or liquid waste including, but not limited to, sewage sludge, digester gas, and landfill gas. SECTION 300 – STANDARDS: 301 LIMITATIONS FOR NEW AND EXISTING STATIONARY IC ENGINES: An owner or operator of any engine that meets the criteria listed in Section 102 shall comply with either of the following: 301.1 Use any fuel that contains no more than 0.05% sulfur by weight, alone or in combination with other fuels. , with the following exception: Existing supplies in storage as of October 23, 2003 of any fuel containing greater than 0.05% of sulfur by weight may be used by the owner or operator until April 22, 2005. This usage shall be reported to the Control Officer along with the dates of usage. 301.2 Obtain prior approval from the Control Officer as a provision in individual permits when using any waste derived fuel gas that contains sulfur in a concentration greater than 0.05% sulfur by weight. Use any waste derived fuel gas that contains no more than 0.08% sulfur by weight, alone or in combination with other fuels. 302 GOOD COMBUSTION PRACTICES / TUNING PROCEDURE: An owner or operator shall conduct preventative maintenance or tuning procedures recommended by the engine manufacturer to ensure good combustion practices to minimize NOx emissions. A handheld monitor may be used if so desired by the owner or operator for measurement of NOx, CO, and concentrations in the effluent stream after each adjustment is made. This may assist in determining that the proper adjustment has been made to ensure NOx and CO minimization. In lieu of a manufacturer’s procedure, a different procedure specified by any other maintenance guideline may be used as a default procedure. The tuning procedure shall include all of the following, if so equipped, and appropriate to the type of engine. 302.1 Lubricating Oil and Filter: change once every three months or after no more than 300 hours of operation, whichever occurs last; 302.2 Inlet Air Filter: clean once every three months or after no more than 300 hours of operation and replace every 1,000 hours of operation or every year, whichever occurs last; 302.3 Fuel Filter: clean once every year or replace (if cartridge type) once every 1,000 hours of operation, whichever occurs last; 302.4 Check and adjust the following once every year or after no more than 1,000 hours of operation, whichever occurs last: a. intake and exhaust valves b. spark plugs (if so equipped) c. spark timing and dwell or fuel injection timing (if adjustable), and d. carburetor mixture (if adjustable). 302.5 Spark Plugs and Ignition Points: replace after 3,000 hours of operation or every year whichever occurs last; 302.6 Coolant: change after 3,000 hours of operation or every year whichever occurs last; and 302.7 Exhaust System: check for leaks and/or restrictions after 3,000 hours of operation or every year whichever occurs last. 303 LIMITATIONS – OPACITY: No owner or operator shall discharge into the ambient air from any single source of emissions any air contaminant, other than uncombined water, in excess of 20% opacity. 304 ADDITIONAL LIMITATIONS FOR PRIME ENGINES > 250 RATED bhp: In addition to meeting the standards in Sections 301, 302, and 303, each existing or new prime engine greater than 250 rated bhp that is not listed in Sections 103, 104, or 105, shall comply with the emission limits or control technology requirements listed in Section 304, Table 1, 2, or 3, dependent upon the type of engine. TABLE 1. NOx EMISSION LIMITS OR CONTROL TECHNOLOGY REQUIREMENTS FOR EXISTING COMPRESSION-IGNITION ENGINES > 250 bhp RATED BRAKE ENGINE REQUIREMENTS HORSEPOWER (bhp) 770 ppmdv or 10 g/bhp-hr.NOx or 250-399 turbocharger with aftercooler/intercooler or 4-degree injection timing retard 550 ppmdv or 7.2 g/bhp-hr.NOx or 400 plus turbocharger with aftercooler/intercooler or 4-degree injection timing retard

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Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

TABLE 2. EMISSION LIMITS OR CONTROL TECHNOLOGY REQUIREMENTS FOR EXISTING APPLICABLE SPARK- IGNITION ENGINES > 250 RATED bhp OXIDES OF NITROGEN VOLATILE ORGANIC CARBON MONOXIDE (NOx) COMPOUNDS (VOC) (CO) 280 ppmdv or 4.0 b/bhp-hr 800 ppmdv or 5.0 g/bhp-hr 4,500 ppmdv or three-way or three-way catalyst * or three-way catalyst * catalyst * * The three-way catalyst shall provide a minimum of 80% control efficiency for NOx and CO for those engines fueled with natural gas, propane or gasoline. In addition the three-way catalyst shall also provide a minimum of at least 50% control efficiency for VOC for those engines fueled by gasoline. TABLE 3. EMISSION LIMITS FOR NEW SPARK OR COMPRESSION-IGNITION ENGINES > 250bhp ENGINE TYPE NOx PM* CO LEAN BURN (SPARK) 110 ppmdv or 1.5 g/bhp-hr. Not Applicable 4,500 ppmdv RICH BURN (SPARK) 20 ppmdv or 0.30 g/bhp-hr. Not Applicable 4,500 ppmdv COMPRESSION 530 ppmdv or 6.9 g/bhp-hr. 0.40 g/bhp-hr 1,000 ppmdv * A backhalf analysis shall be performed using reference Method 202 (referenced in subsection 504.6) each time a compliance test for particulate matter emissions to meet the limitations listed in Table 3 is performed using Method 5. The results of the Method 202 testing shall be used for emissions inventory purposes. 305 EFFICIENCY ALLOWANCE: Each emission limit expressed in Tables 1, 2 or 3 may be multiplied by X, where X equals the engine efficiency (E) divided by a reference efficiency of 30 percent. Engine efficiency shall be determined by one of the following methods whichever is higher: a. E = (Engine Output) × (100) ÷ (Energy Input) where energy input is determined by a fuel measuring device accurate to +/- 5 % and is based upon the higher heating value (HHV) of the fuel. Percent efficiency (E) shall be averaged over 15 consecutive minutes and measured at peak load for the applicable engine. b. E = (Manufacturer's Rated Efficiency [Continuous] at (LHV) × (LHV) ÷ (HHV) where LHV = the lower heating value of the fuel. Engine efficiency (E) shall not be less than 30 percent; an engine with an efficiency lower than 30 percent shall be assigned an efficiency of 30 percent for the purposes of this rule. 306 EQUIVALENT OR IDENTICAL ENGINE REPLACEMENT: An equivalent or identical replacement engine that replaces an existing engine shall be treated as an existing engine for the purposes of compliance with this rule, unless the engine commenced operation or was constructed or modified after October 22, 2003, including the contractual obligation to undertake and complete an order for an engine and then it will be considered a new engine for purposes of meeting the standards for a new engine in this rule.

SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE: 401.1 An owner or operator of an existing or new stationary IC engine that becomes subject to any of the emission limits listed in Section 300 of this rule and that does not need modification or add-on controls to meet these emission standards shall be in compliance by April 22, 2004. 401.2 An owner or operator of an existing stationary IC engine that must be rebuilt, modified, or retrofitted with add-on control equipment to meet emission limits listed in Section 300 of this rule shall submit a compliance plan for such unit by October 22, 2004 and shall be operating in full compliance by October 22, 2006. 401.3401.1 An owner or operator of an existing stationary IC engine that must be replaced with a new engine to meet emission limits listed in Section 300 and shall be in compliance with the emission limits listed in Section 304, Table 3 by October 22, 2007.

SECTION 500 – MONITORING AND RECORDS 501 COMPLIANCE DETERMINATION: 501.1 Existing Engines: Existing IC engines or engine families shall demonstrate compliance with Section 300 by recordkeeping according to Section 502. Emission testing using the applicable test methods listed in Section 503 shall be performed if the Control Officer requests. 501.2 Existing Engine Families at a Source: When testing an engine family at one source, the number of engines tested should be the greater of either one engine or one third of all identical engines in the group. If any of the representative engines exceed the emission limits, each engine in the group shall demonstrate compliance by emissions testing. Volume 13, Issue 46 Page 4074 November 16, 2007

Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

501.3 New Engines / New Engine Families: Compliance with the limitations listed in Section 304, Table 3 shall be demonstrated by either: a. A statement from the manufacturer that the engine meets the most stringent emissions standards found in 40 CFR Part 89 or 90 applicable to the engine and its model year at the time of manufacture or b. Performance of emission testing using the test methods listed in Section 503. 501.4 Low Sulfur Oil Verification: If the Control Officer requests proof of the sulfur content, the owner or operator shall submit fuel receipts, contract specifications, pipeline meter tickets, Material Safety Data Sheets (MSDS), fuel supplier information or purchase records, if applicable, from the fuel supplier, indicating the sulfur content of the fuel oil. In lieu of these, testing of the fuel oil for sulfur content to meet the 0.05% limit shall be permitted if so desired by the owner or operator for evidence of compliance. 501.5 Waste–Derived Fuel Sulfur Verification: The owner or operator shall submit documentation of the concentration of the sulfur level of the waste- derived fuel to the Control Officer. 501.6 Test Method Conditions: The owner or operator shall use the test methods listed in Section 503 to determine compliance with the limitations in Section 304, Tables 1-3. Testing for stationary IC engines shall be completed under steady state conditions at either the maximum operating load or no less than 80% of the rated brake horsepower rating. If the owner or operator of an engine demonstrates to the Control Officer that the engine cannot operate at these conditions, then emissions source testing shall be performed at the highest achievable continuous brake horsepower rating or under the typical duty cycle or typical operational mode of the engine. 502 RECORDKEEPING / RECORDS RETENTION: The owner or operator of any stationary IC engine subject to this rule shall comply with the following requirements and keep records for a period of 5 years: 502.1 An owner or operator of any IC engine, including emergency engines, prime engines and low usage engines, shall keep a record that includes an initial one time entry that lists the particular engine combustion type (compression or spark-ignition or rich or lean burn); manufacturer; model designation, rated brake horsepower, serial number and where the engine is located on the site. 502.2 An owner or operator of a prime engine shall maintain a monthly record for prime engines which shall include: 1. Hours of operation; 2. Type of fuel used, and 3. Documentation verifying compliance with sulfur fuel content according to subsection 103 301.1. 502.3 An owner or operator of a prime engine shall maintain an annual record of good combustion procedures according to Section 302. 502.4 An owner or operator of an emergency engine and a non-emergency low-usage engine that meets the exemptions listed in Sections 104 and 105 shall keep an annual engine record that includes: 1. Monthly rolling twelve month total record of Hours hours of operation, including hours of operation for testing, reliability and maintenance; and 2. Fuel type and sulfur content of fuel; and 3. Explanation for the use of the engine if it is used as an emergency engine. 503 TEST METHODS ADOPTED INCORPORATED BY REFERENCE: The Environmental Protection Agency (EPA) test methods as they exist in the Code of Federal Regulations (CFR) (July 1, 2002 2004) and the American Society of Testing Materials International Methods as listed below, are adopted incorporated by reference in Appendix G of the Maricopa County Rules and Regulations. The American Society of Testing Materials International (ASTM International) methods listed below are also adopted by reference, each having paired with it a specific date(s) that identifies the particular version/revision of the method that is adopted by reference. These adoptions by reference include no future editions or amendments. When more than one test method is permitted for the same determination, as listed in subsections 503.11, 503.12, 503.13, or 503.14, or 503.15, an exceedance of the limits established in this rule determined by any of the applicable test methods constitutes a violation. Copies of test methods referenced in this section of this rule are available at the Maricopa County Environmental Services Department, 1001 North Central Avenue, Suite 201, Phoenix, Arizona, 85004 -1942. 503.1 EPA Reference Method 1 (“Sample and Velocity Traverses for Stationary Sources”) and 1A (“Sample and Velocity Traverses for Stationary Sources with Small Stacks and Ducts”) (40 CFR 60, Appendix A). 503.2 EPA Reference Method 2 (“Determination of Stack Gas Velocity and Volumetric Flow Rate”), 2A (“Direct Measurement of Gas Volume Through Pipes and Small Ducts”), 2C (“Determination of Stack Gas Velocity and Volumetric Flow Rate in Small Stacks or Ducts”),and 2D (“Measurement of Gas Volumetric Flow Rates in Small Pipes and Ducts”) (40 CFR 60, Appendix A). 503.3 EPA Reference Method 3 (“Gas Analysis for the Determination of Dry Molecular Weight”), 3A (“Determination of Oxygen and Carbon Dioxide Concentrations in Emissions from Stationary Sources

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Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

(Instrumental Analyzer Procedure"), 3B (“Gas Analysis for the Determination of Emission Rate Correction Factor of Excess Air”), and 3C (“Determination of Carbon Dioxide, Methane, Nitrogen and Oxygen from Stationary Sources”) (40 CFR 60, Appendix A). 503.4 EPA Reference Method 4 (“Determination of Moisture Content in Stack Gases”) (40 CFR 60, Appendix A). 503.5 EPA Reference Method 5 (“Determination of Particulate Emissions from Stationary Sources”) (40 CFR 60, Appendix A) and possibly, if requested by the Control Officer, EPA Reference Method 202 (“Determination of Condensable Particulate Emissions from Stationary Sources”) (40 CFR 51, Appendix M). 503.6 EPA Reference Method 202 (“Determination of Condensable Particulate Emissions from Stationary Sources”) (40 CFR 51, Appendix M). 503.6503.7 EPA Reference Method 7 (“Determination of Nitrogen Oxide Emissions from Stationary Sources”), 7A (“Determination of Nitrogen Oxide Emissions form Stationary Sources – Ion chromatographic method”), 7B (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Ultraviolet Spectrometry”), 7C (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Alkaline- Permanganate Colorimetric Method”), 7D (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Alkaline – Permanganate Chromatographic Method”), and 7E (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Instrumental Analyzer Method“), (40 CFR 60, Appendix A). 503.7503.8 EPA Reference Method 9 (“Visual Determination of the Opacity of Emissions from Stationary Sources”) (40 CFR 60, Appendix A). 503.8503.9 EPA Reference Method 10 (“Determination of Carbon Monoxide from Stationary Sources”) (40 CFR 60, Appendix A). 503.9503.10 EPA Reference Method 18 (“Measurement of Gaseous Organic Compound Emissions by Gas Chromatography”) (40 CFR 60, Appendix A). 503.10503.11 EPA Reference Method 25A (“Determination of Total Gaseous Organic Concentration Using a Flame Ionization Analyzer”) (40 CFR 60, Appendix A). 503.11503.12 American Society of Testing Materials International, ASTM Method #D1266-98 (“Standard Test Method for Sulfur in Petroleum Products (Lamp Method)”), 1998. 503.12503.13 American Society of Testing Materials International, ASTM Method #D2622-98 (“Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry”), 1998. 503.13503.14 American Society of Testing Materials International, ASTM Method #D2880-71, 78 or 96 (“Standard Specification for Gas Turbine Fuel Oils”), 1971 or 1978 or 1996. 503.14503.15 American Society of Testing Materials International, ASTM Method #D4294-98 (“Standard Test Method for Sulfur in Petroleum Products by Energy-Dispersive X-Ray Fluorescence Spectroscopy”) 1990 or 1998. 503.16 American Society of Testing Materials International, ASTM Method D5504-01(“Standard Test Method for Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and Chemiluminescence), 2006.

NOTICE OF RULEMAKING DOCKET OPENING MARICOPA COUNTY AIR QUALITY DEPARTMENT [M07-629] 1. Title and its heading: Maricopa County Air Pollution Control Regulations Rule and its heading: Rule 351, Loading and Unloading of Organic Liquids Including Gasoline 2. The subject matter of the proposed rule: Rule 351 applies to the loading and unloading of organic liquids including gasoline and other petroleum fuels with a true vapor pressure of 1.25 psia or greater. The proposed amendments to the rule will include new standards for loading and unloading and expanded definitions. 3. A citation to all published notices relating to this proceeding: None 4. The name and address of department personnel with whom persons may communicate regarding the proposed rule(s): Volume 13, Issue 46 Page 4076 November 16, 2007

Arizona Administrative Register / Secretary of State

County Notices Pursuant to A.R.S. 49-112

Name: Patricia P. Nelson Address: 1001 N. Central Ave., Suite 595 Phoenix, AZ 85004 Telephone: (602) 506-6709 Fax: (602) 506-6179 E-mail: [email protected] 5. The time during which the department will accept written comments and the time and place where oral comments may be made: To be announced in the Notice of Proposed Rulemaking 6. A timetable for department decisions or other action on the proceeding, if known: To be announced in the Notice of Proposed Rulemaking

November 16, 2007 Page 4077 Volume 13, Issue 46

Arizona Administrative Register / Secretary of State Governor’s Executive Orders/Proclamations

EXECUTIVE ORDERS, PROCLAMATIONS OF GENERAL APPLICABILITY, AND STATEMENTS ISSUED BY THE GOVERNOR PURSUANT TO A.R.S. § 41-1013(B)(3)

The Administrative Procedure Act (APA) requires the full-text publication of all Executive Orders and Proclamations of Gen- eral Applicability issued by the Governor. In addition, the Register shall include each statement filed by the Governor in granting a commutation, pardon or reprieve, or stay or suspension of execution where a sentence of death is imposed. With the exception of egregious errors, content (including spelling, grammar, and punctuation) of these orders has been reproduced as submitted.

* ARIZONA WATER EDUCATION WEEK * [M07-625] WHEREAS, the magnificent state of Arizona is possessed of some of the wonders of the world created by water including the Grand Canyon of the Colorado River, Oak Creek Canyon, Gila Box, Mooney Falls, and Willcox Playa; and

WHEREAS, the ebb and flow of water has shaped the history and pre-history of our glorious state, and will continue to do so throughout the ages, and

WHEREAS, the diversity within riparian habitats, including such splendid species as Yuma clapper rails, squawfish, and river otters is dependent upon the vitality of scenic waterways; and

WHEREAS, good water quality is important to all citizens and wise watershed management is crucial to sustain future gen- erations with a healthy environment; and

WHEREAS, awareness of and respect for water resources encourage lifelong, personal commitments of responsibility and positive community participation; and

WHEREAS, Project WET (Water Education for Teachers) U.S.A., has sponsored a series of Arizona “Make A Splash” with Project WET Water Festivals this fall; and

WHEREAS, such Water Festivals have engaged over 17,000 Arizona students in learning about water over the past seven years; and

WHEREAS, locally, the University of Arizona College of Agriculture and Life Sciences, The Cooperative Extension Ser- vice, Water Resources Research Center, Arizona Project WET; and Cities of Safford, Sierra Vista, Flagstaff, Yuma, and Tuc- son; with support from Nestlé Waters of North America, Arizona Department of Water Resources, Salt River Project, Central Arizona Project, Arizona Department of Environmental Quality, Bureau of Reclamation, Arizona American Waters, ADT Drilling, and many other agencies and businesses have taught water activities to over 4,500 fourth grade students from areas within and around the cities of Flagstaff, Sierra Vista, Safford, and Tucson this autumn; and Deer Valley USD and City of Yuma will do so this week; and

WHEREAS, such activities support Arizona academic instructional standards and have been developed, field-tested and reviewed by over 600 educators and resource managers to ensure thorough and accurate information, procedures and teaching strategies;

NOW, THEREFORE, I, Janet Napolitano, Governor of the State of Arizona, do hereby proclaim November 5 – 9 2007 as

* ARIZONA WATER EDUCATION WEEK *

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizona

Janet Napolitano G O V E R N O R

DONE at the Capitol in Phoenix on this fifteenth day of October in the year Two Thousand and Seven and of the Independence of the United States of

November 16, 2007 Page 3163 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Governor’s Executive Orders/Proclamations

America the Two Hundred and Thirty-second.

ATTEST:

Janice K. Brewer Secretary of State

* PATIENT-CENTERED CARE AWARENESS MONTH * [M07-616] WHEREAS, Patient-Centered Care Awareness Month is a national awareness-building campaign to commemorate the progress that has been made toward a patient-centered healthcare system and to build momentum for further progress through education and collaboration; and

WHEREAS, Patient-Centered Care Awareness Month is coordinated by Planetree, a not-for-profit organization founded by a patient that is working with more that 125 hospitals and healthcare providers across the country and around the world to develop and implement innovative patient-centered approaches to care, including Banner Health – Page Hospital; and

WHEREAS, consistent with the Institute of Medicine’s identification of patient-centered care as one of the six national aims for a high quality healthcare system, healthcare providers in the State of Arizona are working to become more patient- centered; and

WHEREAS, patient-centered care recognizes patients as essential partners in their care, empowers patients with information, promotes effective communication between patients and providers, encourages involvement of family and friends, and promotes patient safety; and

WHEREAS, hospitals and healthcare organizations are encouraged to observe Patient-Centered Care Awareness Month by empowering patients, strengthening their patient-centered practices, and publicly proclaiming to their patients and communities their commitment to patient-centered care; and

WHEREAS, citizens are encouraged to observe Patient-Centered Care Awareness Month by taking steps to become more active partners in their healthcare;

NOW, THEREFORE, I, Janet Napolitano, Governor of the State of Arizona, do hereby proclaim October 2007 as

* PATIENT-CENTERED CARE AWARENESS MONTH *

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizona

Janet Napolitano G O V E R N O R

DONE at the Capitol in Phoenix on this fifteenth day of October in the year Two Thousand and Seven and of the Independence of the United States of America the Two Hundred and Thirty-second.

ATTEST:

Janice K. Brewer Secretary of State

* RUNAWAY PREVENTION MONTH * [M07-614] WHEREAS, running away from home is widespread, with 1 out of every 7 youth in the United States running away from home before the age of 18; and

WHEREAS, runaway youth most often have been expelled from their homes by their families, physically, sexually, and emotionally abused at home, separated from their parents through death and divorce, too poor to secure their own basic needs, and ineligible or unable to access adequate medical or mental health resources; and

Volume 13, Issue 46 Page 3164 November 16, 2007 Arizona Administrative Register / Secretary of State Governor’s Executive Orders/Proclamations

WHEREAS, effective programs supporting runaway youth and assisting youth and their families in remaining at home suc- ceed because of partnerships created among families, community-based human service agencies, law enforcement agencies, schools, faith-based organizations, and businesses; and

WHEREAS, the future well-being of the State is dependent on the opportunities provided for youth and families to acquire the knowledge, skills, and abilities necessary for youth to develop into safe, healthy, and productive adults; and

WHEREAS, organizations throughout the State are jointly sponsoring Runaway Prevention Month to increase public awareness of the life circumstances of youth in high-risk situations and the need for safe, healthy, and productive alterna- tives, resources, and supports for youth, families, and communities;

NOW, THEREFORE, I, Janet Napolitano, Governor of the State of Arizona, do hereby proclaim November 2007 as

* RUNAWAY PREVENTION MONTH *

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizona

Janet Napolitano G O V E R N O R

DONE at the Capitol in Phoenix on this fifteenth day of October in the year Two Thousand and Seven and of the Independence of the United States of America the Two Hundred and Thirty-second.

ATTEST:

Janice K. Brewer Secretary of State

* U.S.S. ARIZONA MEMORIAL DAY * [M07-613] WHEREAS, the U.S.S. Arizona Memorial in Pearl Harbor, Hawaii, serves as a constant reminder to our armed forces and citizens that we must be alert and ready to respond to any potential threat; and

WHEREAS, more than 2,000 Navy and Marine Corps personnel were killed in the attack by Japan on December 7, 1941; and

WHEREAS, all Arizonans can be proud of the role that has been played by our native sons and daughters in the defense of liberty; and

WHEREAS, the people of Arizona can keep the spirit of the U.S.S. Arizona alive through recognition of the 1,102 Sailors and Marines who rest with their ship; and

NOW, THEREFORE, I, Janet Napolitano, Governor of the State of Arizona, do hereby proclaim December 2, 2007 as

* U.S.S. ARIZONA MEMORIAL DAY *

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizona

Janet Napolitano G O V E R N O R

DONE at the Capitol in Phoenix on this fifteenth day of October in the year Two Thousand and Seven and of the Independence of the United States of America the Two Hundred and Thirty-second.

November 16, 2007 Page 3165 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Governor’s Executive Orders/Proclamations

ATTEST:

Janice K. Brewer Secretary of State

* ARIZONA HEPATITIS C AWARENESS MONTH * [M07-628] WHEREAS, In Arizona, hepatitis A, hepatitis B and hepatitis C cause significant morbidity; and

WHEREAS, hepatitis A and hepatitis B are preventable by vaccination; and

WHEREAS, hepatitis A is one of the most frequently reported vaccine-preventable diseases in the United States; and

WHEREAS, an estimated 1.25 million persons are chronically infected with hepatitis B in the United States; and

WHEREAS, four million people in the United States are infected with hepatitis C; and

WHEREAS, it is estimated 120,000 Arizonans are currently infected with hepatitis C, nearly half of whom are unaware of their infection; and

WHEREAS, in the absence of a vaccine for hepatitis C, emphasis must be placed on prevention of transmission; and

WHEREAS, The Arizona Hepatitis C Coalition is dedicated to fully informing the public about HEPATITIS C;

NOW, THEREFORE, I, Janet Napolitano, Governor of the State of Arizona, do hereby proclaim November 2007 as

* ARIZONA HEPATITIS C AWARENESS MONTH * in Arizona, and urge all citizens to become familiar with the transmission, symptoms, and prevention methods for this dev- astating disease.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizona

Janet Napolitano G O V E R N O R

DONE at the Capitol in Phoenix on this sixteenth day of October in the year Two Thousand and Seven and of the Independence of the United States of America the Two Hundred and Thirty-second.

ATTEST:

Janice K. Brewer Secretary of State

* ARIZONA DIABETES AWARENESS DAY * [M07-627] WHEREAS, today, more than 240 million people worldwide are living with diabetes; and

WHEREAS, more than one-third of people with diabetes do not know they have the disease, and adults under age 40 are the fastest growing group diagnosed with diabetes; and

WHEREAS, diabetes is the eighth-leading cause of death in Arizona, the leading cause of non-traumatic, lower-limb ampu- tations and the leading cause of blindness in people ages 20 - 74; and

WHEREAS, adults with diabetes are two to four times more likely to have heart disease or suffer a stroke than people without diabetes; and

Volume 13, Issue 46 Page 3166 November 16, 2007 Arizona Administrative Register / Secretary of State Governor’s Executive Orders/Proclamations

WHEREAS, the most common form of diabetes can be delayed by consistent physical activity and weight management; and

WHEREAS, education and regular checkups can help people with diabetes to lower their risks for complications and car- diac disease; and

WHEREAS, an increase in community awareness of the seriousness of diabetes may stimulate public action in increasing research toward cure, and inspire people to take better control of their disease and live a healthier and longer life; and

NOW, THEREFORE, I, Janet Napolitano, Governor of the State of Arizona, do hereby proclaim November 14, 2007 as

* ARIZONA DIABETES AWARENESS DAY *

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizona

Janet Napolitano G O V E R N O R

DONE at the Capitol in Phoenix on this nineteenth day of October in the year Two Thousand and Seven and of the Independence of the United States of America the Two Hundred and Thirty-second.

ATTEST:

Janice K. Brewer Secretary of State

* DIRECT SUPPORT PROFESSIONAL DAY * [M07-626] WHEREAS, the combined efforts of the Department of Economic Security (DES), Division of Developmental Disabilities (DDD), the Arizona Association of Providers for People with Disabilities (AAPPD), and other government and community- based organizations statewide are recognizing Direct Support Professionals on this day; and

WHEREAS, annually 3500 contracted agencies and individual providers are working with the Department of Economic Security to serve nearly 28,000 children and adults with developmental disabilities with direct care supports such as hourly habilitation, respite and attendant care to maintain and enhance quality of life; and

WHEREAS, we are encouraging the community and consumers of services to take this day to show direct support professionals serving persons with developmental disabilities how much they appreciate them; and

WHEREAS, by calling attention to the importance of high quality direct care supports for all persons with developmental disabilities within our community and State, we hope to improve quality and availability of such services; and

WHEREAS, the future of persons with developmental disabilities depends on the quality of direct supports provided from caring and competent direct support professionals;

NOW, THEREFORE, I, Janet Napolitano, Governor of the State of Arizona, do hereby proclaim November 9, 2007 as

* DIRECT SUPPORT PROFESSIONAL APPRECIATION DAY *

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizona

Janet Napolitano G O V E R N O R

DONE at the Capitol in Phoenix on this nineteenth day of October in the year Two Thousand and Seven and of the Independence of the United States of

November 16, 2007 Page 3167 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Governor’s Executive Orders/Proclamations

America the Two Hundred and Thirty-second.

ATTEST:

Janice K. Brewer Secretary of State

Volume 13, Issue 46 Page 3168 November 16, 2007 Arizona Administrative Register / Secretary of State Index

INDEX This Index lists all rulemaking activity on rules appearing in this volume year of the Register. Rules are listed in numerical order under their Chapter heading. Headings for the Subchapters, Articles, Parts, and Sections do not appear in this Index. Please refer to the Notices which begin on the page number listed immediately after the code. Codes for rulemaking activity are as follows: PN = Proposed new Section FXN = Final Exempt new Section PM = Proposed amended Section FXM = Final Exempt amended Section PR = Proposed repealed Section FXR = Final Exempt repealed Section P# = Proposed renumbered Section FX# = Final Exempt renumbered Section PSMN = Proposed Summary new Section RC = Recodified PSMM = Proposed Summary amended Section SPN = Supplemental proposed new Section PSMR = Proposed Summary repealed Section SPM = Supplemental proposed amended Section PSM# = Proposed Summary renumbered Section SPR = Supplemental proposed repealed Section FSMN = Final Summary new Section SP# = Supplemental proposed renumbered Section FSMM = Final Summary amended Section EN = Emergency new Section FSMR = Final Summary repealed Section EM = Emergency amended Section FSM# = Final Summary renumbered Section ER = Emergency repealed Section FN = Final new Section E# = Emergency renumbered Section FM = Final amended Section RJ = Rejected by the Attorney General FR = Final repealed Section TN = Terminated proposed new Section F# = Final renumbered Section TM = Terminated proposed amended Section PXN = Proposed Exempt new Section TR = Terminated proposed repealed Section PXM = Proposed Exempt amended Section T# = Terminated proposed renumbered Section PXR = Proposed Exempt repealed Section C = Corrections to Rules Published PX# = Proposed Exempt renumbered Section EXP = Rules have expired

Volume 13, 2007, Page Guide

Issue, Date Pages Issue, Date Pages Issue, Date Pages #1, January 5 1-80 #16, April 20 1359-1450 #31, August 3 2675-2728 #2, January 12 81-140 #17, April 27 1451-1554 #32, August 10 2729-2826 #3, January 19 141-196 #18, May 4 1555-1590 #33, August 17 2827-2892 #4, January 26 197-230 #19, May 11 1591-1670 #34, August 24 2893-2986 #5, February 2 231-282 #20, May 18 1671-1772 #35, August 31 2987-3070 #6, February 9 283-414 #21, May 25 1773-1840 #36, September 7 3071-3120 #7, February 16 415-506 #22, June 1 1841-1944 #37, September 14 3121-3186 #8, February 23 507-612 #23, June 8 1945-2024 #38, September 21 3187-3246 #9, March 2 613-724 #24, June 15 2025-2130 #39, September 28 3247-3316 #10, March 9 725-818 #25, June 22 2131-2202 #40, October 5 3317-3404 #11, March 16 819-938 #26, June 29 2203-2380 #41, October 12 3405-3470 #12, March 23 939-1072 #27, July 6 2381-2510 #42, October 19 3471-3564 #13, March 30 1073-1200 #28, July 13 2511-2558 #43, October 26 3565-3644 #14, April 6 1201-1302 #29, July 20 2559-2624 #44, November 2 3645-3752 #15, April 13 1303-1358 #30, July 27 2625-2674 #45, November 9 3753-3954

This Index covers rulemaking activity through Issue 45 of Volume 13.

Accountancy, Board of Acupuncture Board of Examiners Table 1. PM-3408 R4-1-341. FM-2151 R4-8-101. PM-3408 R4-8-106. PM-3408 R4-1-341.01. FR-2151 R4-8-102. PM-3408 R4-8-107. PN-3408 R4-1-342. FM-2151 R4-8-103. PM-3408 R4-8-201. P#-3408 R4-1-343. FM-2151 R4-8-104. PM-3408 R4-8-202. P#-3408 R4-1-346. FM-2151 R4-8-105. PM-3408 R4-8-203. PM-3408

Volume 13, Issue 46 Page 4084 November 16, 2007 Arizona Administrative Register / Secretary of State Index

R4-8-204. PM-3408 Agriculture, Department of – Animal R8-4-104. TN-1083 R4-8-205. P#-3408; PM-3408 Services Division R8-4-105. TN-1083 R4-8-206. P#-3408; PM-3408 R3-2-606. PM-3250 R8-4-106. TN-1083 R4-8-207. PM-3408 R3-2-612. PM-3250 R8-4-107. TN-1083 R4-8-208. PM-3408 R3-2-905. EM-1509; FM-1639 R8-4-108. TN-1083 R4-8-301. RC-482; P#-3408; R8-4-109. TN-1083 PM-3408 Agriculture, Department of – Environ- R8-4-110. TN-1083 R4-8-302. RC-482; P#-3408; mental Services Division R8-4-111. TN-1083 PM-3408 R3-3-102. R4-8-303. RC-482; PN-3408 Table 1. PM-418 Arizona Health Care Cost Containment R4-8-304. RC-482; PN-3408 R3-3-1101. PM-418 System – Administration R4-8-305. RC-482 R3-3-1102. PM-418 R9-22-101. FM-836; PM-1306; R4-8-306. RC-482 R3-3-1103. PM-418 FM-3351 R4-8-307. RC-482 R3-3-1104. PM-418 R9-22-102. FM-836; PR-1306; R4-8-308. RC-482 R3-3-1105. PM-418 FR-3351 R4-8-309. RC-482 R3-3-1106. PM-418 R9-22-112. FR-836 R4-8-310. RC-482 R3-3-1107. PM-418 R9-22-201. PR-1306; PN-1306; R4-8-311. RC-482 R3-3-1108. PM-418 FN-3351 R4-8-312. RC-482 R3-3-1109. PM-418 R9-22-202. PN-1306; FN-3351 R4-8-401. RC-482; PM-3408 R3-3-1110. PM-418 R9-22-212. PM-1322; FM-3272 R4-8-402. RC-482; PM-3408 R3-3-1111. PR-418 R9-22-213. PM-1322; FM-3272 R4-8-403. RC-482; PM-3408 Appendix A. PM-418 R9-22-216. PM-1322; PM-2255; FM-3272 R4-8-404. PM-3408 Agriculture, Department of – Plant Ser- R4-8-405. PM-3408 R9-22-217. PM-1306; FM-3351 vices Division R9-22-701. PM-200; FM-662; R4-8-406. PR-3408 R3-4-401. FM-1464 R4-8-407. PM-3408 FM-1782; FXM- R3-4-402. FM-1464 3190 R4-8-408. PM-3408 R3-4-403. FM-1464 R4-8-409. PM-3408 R9-22-701.10. FN-662 R3-4-404. FM-1464 R9-22-703. FM-662 R4-8-410. PR-3408 R3-4-406. FM-1464 R4-8-411. PM-3408 R9-22-704. FR-662 R3-4-408. FM-1464 R9-22-705. FM-662 R4-8-412. PM-3408 R3-4-409. FN-1464 R4-8-501. RC-482; PM-3408 R9-22-707. FR-856 R4-8-502. RC-482; PM-3408 Appraisal, Board of R9-22-709. FM-856 R4-8-503. RC-482; PM-3408 R4-46-101. FM-1381; PM-2998; R9-22-712.01. FXM-3190 R4-8-504. RC-482 PM-3756; TM-3765 R9-22-712.05. PN-200; FN-1782 R4-8-505. RC-482 R4-46-104. FR-1388 R9-22-712.35. PM-1779; FM-3584 R4-8-506. RC-482 R4-46-105. FR-1388 R9-22-712.40. PM-1779; FM-3584 R4-8-601. PN-3408 R4-46-106 PM-3002 R9-22-713. FM-856 R4-8-602. PN-3408 R4-46-201. FM-1381; PM-2998; R9-22-714. FM-662 R4-8-603. PN-3408 PM-3756; TM-3765 R9-22-716. FR-662 R4-8-604. PN-3408 R4-46-202. FM-1381 R9-22-716. FXM-3190 R4-8-605. PN-3408 R4-46-203. FM-1381 R9-22-720. FM-856 R4-8-702. PM-3408 R4-46-204. FM-1381 R9-22-1201. FM-836 R4-8-704. PM-3408 R4-46-205. FM-1381 R9-22-1202. FM-836 R4-8-706. PM-3408 R4-46-206. FM-1381 R9-22-1203. FM-836 R4-46-207. FM-1381 R9-22-1204. FM-836 Administration, Department of – Per- R4-46-208. FR-1381 R9-22-1205. FM-836 sonnel Administration R4-46-209. FM-1381 R9-22-1206. FM-836 R2-5-306. EXP-1143 R4-46-210. FR-1381 R9-22-1207. FM-836 R2-5-403. PM-4; FM-1635 R4-46-301. FM-1388 R9-22-1431. PM-951; FM-2633 R2-5-902. FM-958 R4-46-302. FM-1388 Arizona Health Care Cost Containment Administration, Department of – Risk R4-46-304. FM-1388 System – Arizona Long-term Care Sys- Management Section R4-46-305. FM-1388 tem R2-10-207. FM-2043 R4-46-306. FM-1388 R9-28-101. FM-1090 R4-46-401. PM-3004 R9-28-506. PN-2258; FN-3587 Administration, Department of – Travel R4-46-501. FM-1503 R9-28-701.10. FN-458 Reduction Programs R4-46-503. FM-1503 R9-28-702. FR-458 R2-1-801. PM-1558 R4-46-601. FM-1388 R9-28-703. FR-458 R2-1-805. PM-1558 R4-46-602. FM-1388 R9-28-704. FR-458 R2-1-901. PM-1560 Arizona Emergency Response Commis- R9-28-705. FR-458 R2-1-902. PM-1560 R9-28-706. FR-458 R2-1-905. PM-1560 sion R8-4-101. TN-1083 R9-28-707. FR-458 R8-4-102. TN-1083 R9-28-708. FR-458 R8-4-103. TN-1083 R9-28-709. FR-458

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R9-28-711. FR-458 R9-27-203. TM-207 R2-20-304. FXM-3527 R9-28-713. FR-458 R9-27-204. TM-207; PM-297; R2-20-402.01. FXM-3529 R9-28-714. FR-458 FM-1788 R2-20-702. PXM-1045; FXM- R9-28-715. FR-458 R9-27-210. TM-207; PM-297; 3606 R9-28-1101. FM-1090 FM-1788 R2-20-702.01 PXM-1045; FXM- R9-28-1102. FM-1090 R9-27-301. TM-207; PM-297; 3606 R9-28-1103. FM-1090 FM-1788 R9-28-1104. FM-1090 R9-27-302. TM-207; PM-297; Commerce, Department of R9-28-1105. FM-1090 FM-1788 R20-1-701. PN-1367; FN-3031 R9-28-1106. FM-1090 R9-27-303. TM-207; PM-297; R20-1-702. PN-1367; FN-3031 R9-28-1107. FM-1090 FM-1788 R20-1-703. PN-1367; FN-3031 R9-28-1108. FR-1090 R9-27-307. TM-207; PM-297; R20-1-704. PN-1367; FN-3031 FM-1788 R20-1-705. PN-1367; FN-3031 Arizona Health Care Cost Containment R9-27-310. TM-207; PM-297; R20-1-706. PN-1367; FN-3031 System – Children’s Health Insurance FM-1788 R20-1-707. PN-1367; FN-3031 Program R9-27-311. TN-207; PN-297; R20-1-708. PN-1367; FN-3031 R9-31-101. FM-1103 FN-1788 R20-1-709. PN-1367; FN-3031 R9-31-102. FM-1103 R9-27-312. TN-207; PN-297; R20-1-710. PN-1367; FN-3031 R9-31-112. FR-1103 FN-1788 R20-1-711. PN-1367; FN-3031 R9-31-107. FR-671 R9-27-401. TR-207; PR-297; R20-1-712. PN-1367; FN-3031 R9-31-201. PM-1327; FM-3276 FR-1788 R20-1-801. FN-1098 R9-31-212. PM-1327; FM-3276 R9-27-509. TM-207; PM-297; R20-1-802. FN-1098 R9-31-216. PM-1327; PM-2260; FM-1788 R20-1-803. FN-1098 FM-3276 R9-27-702. TM-207; PM-297; R20-1-804. FN-1098 R9-31-701. FR-671; FN-671 FM-1788 R20-1-805. FN-1098 R9-31-701.10. FN-671 R9-27-703. TM-207; PM-297; R20-1-806. FN-1098 R9-31-702. FR-671 FM-1788 R20-1-807. FN-1098 R9-31-703. FR-671 R9-27-704. TM-207; PM-297; R20-1-808. FN-1098 R9-31-704. FR-671 FM-1788 R20-1-809. FN-1098 R9-31-705. FR-671 R20-1-810. FN-1098 R9-31-707. FR-671 Chiropractic Examiners, Board of R20-1-811. FN-1098 R9-31-709. FR-671 R4-7-101. PM-2732 R20-1-812. FN-1098 R9-31-710. FR-671 R4-7-301. PM-144; FM-1848 R9-31-711. FR-671 R4-7-302. PM-144; FM-1848 Corporation Commission – Fixed Utili- R9-31-713. FR-671 R4-7-303. PM-144; FM-1848 ties R9-31-714. FR-671 R4-7-305. PM-150; FM-1846 R14-2-1801. FN-2389 R9-31-715. FR-671 R4-7-501. PM-144; FM-1848 R14-2-1802. FN-2389 R9-31-716. FR-671 R4-7-502. PM-144; FM-1848 R14-2-1803. FN-2389 R9-31-718. FR-671 R4-7-503. PM-144; FM-1848 R14-2-1804. FN-2389 R9-31-719. FR-671 R4-7-801. PM-144; FM-1848 R14-2-1805. FN-2389 R9-31-1201. FM-1103 R4-7-802. PM-144; FM-1848 R14-2-1806. FN-2389 R9-31-1202. FM-1103 R4-7-902. PM-2732 R14-2-1807. FN-2389 R9-31-1203. FM-1103 R4-7-1102. PM-1076; SPM-2772 R14-2-1808. FN-2389 R9-31-1204. FM-1103 R4-7-1103. PM-1076; SPM-2772 R14-2-1809. FN-2389 R9-31-1205. FM-1103 R14-2-1810. FN-2389 R9-31-1206. FM-1103 Citizens Clean Elections Commission R14-2-1811. FN-2389 R9-31-1207. FM-1103 R2-20-101. FXM-2434 R14-2-1812. FN-2389 R9-31-1208. FR-1103 R2-20-103. FXM-2434 R14-2-1813. FN-2389 R9-31-1601. FM-671 R2-20-104. FXM-3597 R14-2-1814. FN-2389 R9-31-1611. PM-1327; FM-3276 R2-20-105. FXM-2434 R14-2-1815. FN-2389 R9-31-1614. PM-2260 R2-20-106. FXM-2434 R14-2-1816. FN-2389 R9-31-1616. FR-671 R2-20-107. FXM-2434 Appendix A. FN-2389 R9-31-1617. FR-671 R2-20-108. FXM-2434 R2-20-109. FXM-3597 Corporation Commission – Investment R9-31-1618. FR-671 Management R9-31-1619. FR-671 R2-20-111. FXM-2434; FXM- 3597 R14-6-101. FM-22 R9-31-1620. FR-671 R14-6-206. FM-22 R9-31-1621. FR-671 R2-20-112. FXN-3597 R9-31-1624. FR-671 R2-20-113. FXM-2434; FXM- Corporation Commission – Securities 3597 R14-4-116. PM-3431 Arizona Health Care Cost Containment R2-20-207. FXM-3524 R14-4-135. FM-1806 System – Healthcare Group Coverage R2-20-211. FXM-3524 R9-27-101. TM-207; PM-297; R2-20-213. FXM-3524 Corporation Commission – Transporta- FM-1788 R2-20-215. FXM-3524 tion R9-27-202. TM-207; PM-297; R2-20-222. FXM-3524 R14-5-202. PM-152 FM-1788 R2-20-303. FXM-3527 R14-5-203. PM-152

Volume 13, Issue 46 Page 4086 November 16, 2007 Arizona Administrative Register / Secretary of State Index

R14-5-204. PM-152 R6-5-4903. FXR-92 Table 7. FM-1854 R14-5-205. PM-152 R6-5-4904. FXM-92 Table 8. FM-1854 R6-5-4905. FXM-92 Table 9. FR-1854 Criminal Justice Commission, Arizona R6-5-4906. FXM-92 Table 10. FM-1854 R10-4-101. PM-2836 R6-5-4907. FXM-92 Table 11. FM-1854 R10-4-102. PM-2836 R6-5-4908. FXM-92 Table 13. FM-1854 R10-4-103. PM-2836 R6-5-4909. FXM-92 Table 14. FM-1854 R10-4-104. PM-2836 R6-5-4910. FXM-92 Table 15. FN-1854 R10-4-105. PM-2836 R6-5-4911. FXM-92 Table 16. FM-1854 R10-4-106. P#-2836; PN-2836 R6-5-4912. FXM-92 Table 17. FM-1854 R10-4-107. P#-2836; PN-2836 R6-5-4913. FXM-92 Table 18. FM-1854 R10-4-108. P#-2836; PM-2836 R6-5-4914. FXM-92 Table 19. FM-1854 R10-4-109. P#-2836; PM-2836 R6-5-4915. FXM-92 Table 19-S. FM-1854 R10-4-110. P#-2836; PM-2836 R6-5-4916. FXM-92 Table 20. FM-1854 R10-4-201. PM-2836 R6-5-4917. FX#-92; FXN-92 R10-4-202. PM-2836 R6-5-4918. FX#-92; FXM-92 Environmental Quality, Department of – R10-4-203. PM-2836 R6-5-4919. FX#-92; FXN-92 Air Pollution Control R10-4-204. PM-2836 R6-5-4920. FX#-92; FXM-92 R18-2-210. PM-1617 R18-2-333. PM-1617 Deaf and the Hard of Hearing, Commis- R6-5-4921. FX#-92; FXM-92 R6-5-4922. FXR-92 R18-2-326. PM-3143 sion for the R18-2-401. FM-1134 R9-26-501. PM-245; FM-1720 R6-5-4923. FX#-92; FXM-92 R6-5-4924. FX#-92 R18-2-511. PM-3143 R9-26-502. PR-245; PN-245; R18-2-703. FM-2157 FR-1720; FN-1720 R6-5-4925. FX#-92 Appendix A. FXM-2583 R18-2-704. FM-2157 R9-26-503. PR-245; PN-245; R18-2-715. FM-2157 FR-1720; FN-1720 Appendix B. FXM-2443; FXM- 2586 R18-2-718. FR-2157 R9-26-504. PR-245; PN-245; R18-2-729. FM-2157 FR-1720; FN-1720 R6-5-7401. FM-2049 R6-5-7437. FM-2049 R18-2-732. FM-2157 R9-26-505. PN-245; FN-1720 R18-2-901. PM-1617 R9-26-506. PR-245; PN-245; R6-5-7447. FM-2049 R6-5-7465. FM-2049 R18-2-902. PM-1617 FR-1720; FN-1720 R18-2-903. PM-3074 R9-26-507. PR-245; PN-245; Economic Security, Department of – R18-2-1101. PM-1617 FR-1720; FN-1720 Unemployment Insurance R18-2-1102. PM-1617 R9-26-508. PR-245; PN-245; R6-3-1719. PN-2896 Appendix 2. PM-1617 FR-1720; FN-1720 R6-3-50155. FM-87 R9-26-509. PR-245; PN-245; R6-3-5105. FM-87 Environmental Quality, Department of – FR-1720; FN-1720 R6-3-5475. PM-1078; EM-1139 Hazardous Waste Management R9-26-510. PR-245; PN-245; R18-8-260. PM-3080 FR-1720; FN-1720 Education, State Board of R18-8-261. PM-3080 R9-26-511. PR-245; PN-245; R7-2-1109. FXN-1266 R18-8-262. PM-3080 FR-1720; FN-1720 R7-2-1110. FXN-1266 R18-8-263. PM-3080 R9-26-512. PN-245; FN-1720 R7-2-1116. FXN-1266 R18-8-264. PM-3080 R9-26-513. PN-245; FN-1720 R18-8-265. PM-3080 R9-26-514. PN-245; FN-1720 Environmental Quality, Department of – R18-8-266. PM-3080 R9-26-515. PN-245; FN-1720 Administration R18-8-268. PM-3080 R9-26-516. PN-245; FN-1720 R18-1-101. PM-1362 R18-8-270. PM-3080 R9-26-517. PN-245; FN-1720 R18-1-201. PM-1362 R18-8-271. PM-3080 R9-26-518. PN-245; FN-1720 R18-1-202. PM-1362 R18-8-273. PM-3080 R18-1-203. PM-1362 Dental Examiners, State Board of R18-1-207. P#-1362; PN-1362 Environmental Quality, Department of – R4-11-101. FM-962 R18-1-208. P#-1362; PM-1362 Remedial Action R4-11-502. FN-962 R18-1-501. FM-1854 R18-7-201. FM-971 R4-11-601. FM-962 R18-1-502. FM-1854 R18-7-202. FM-971 R4-11-609. FN-962 R18-1-503. FM-1854 R18-7-203. FM-971 R4-11-1204. FM-962 R18-1-504. FM-1854 R18-7-204. FM-971 R18-1-505. FM-1854 R18-7-205. FM-971 Dispensing Opticians, Board of R18-1-507. FM-1854 R18-7-206. FM-971 R4-20-117. FM-1216 R18-1-513. FM-1854 R18-7-207. FR-971; FN-971 Economic Security, Department of – Table 3. FM-1854 R18-7-208. F#-971; FN-971 General Assistance Program Table 3-N. FR-1854 R18-7-209. F#-971; FM-971 R6-17-102. PM-1956 Table 3-S. FR-1854 R18-7-210. F#-971; FM-971 Table 4. FM-1854 Appendix A. F#-971; FN-971 Economic Security, Department of – Table 5. FM-1854 Appendix B. FR-971; F#-971; Social Services Table 5-N. FR-1854 FM-971 R6-5-4901. FXM-92 Table 5-S. FR-1854 Appendix C. FR-971

November 16, 2007 Page 4087 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Index

Environmental Quality, Department of – R12-4-707. PM-1693 R9-25-401. PM-240; FM-1713 Underground Storage Tanks R12-4-708. PM-1693 R9-25-406. PM-240; FM-1713 R18-12-101. PM-2760 R12-4-709. PM-1693 R9-25-503. FXM-27; FXM-578 R18-12-263. PM-2760 R12-4-710. PM-1693 Exhibit 1. FXR-27 R18-12-263.04. PN-2760 R12-4-711. PM-1693 Exhibit 2. FXR-27 R18-12-264.01. PM-2760 R12-4-712. PM-1693 Exhibit 3. FXR-27 R18-12-901. PN-2760 R12-4-802. FXM-1741 R9-25-509. FXR-3038 R18-12-902. PN-2760 R9-25-512. FXN-27 R18-12-903. PN-2760 Health Services, Department of – R9-25-513. FXN-3038 Administration R9-25-1401. PN-2562 Executive Clemency, Board of R9-1-412. PM-3006 Table 1. PN-2562 R5-4-101. PM-3760 Health Services, Department of – Child R9-25-1402. PN-2562 R5-4-102. PM-3760 R9-25-1403. PN-2562 R5-4-201. PM-3760 Care Facilities R9-5-101. PM-1964; FM-3492 R9-25-1404. PN-2562 R5-4-301. PM-3760 R9-25-1405. PN-2562 R5-4-302. PM-3760 R9-5-301. PM-1964; FM-3492 R9-5-303. PM-1964; FM-3492 R9-25-1406. PN-2562 Fingerprinting, Board of R9-5-310. PN-1964; FM-3492 Health Services, Department of – Food, R13-11-101. FXM-3435 R9-5-404. FM-1086 Recreational, and Institutional Sanita- R13-11-102. FXM-3435 R9-5-517. FM-1086 tion R13-11-103. FXM-3435 Health Services, Department of – Com- R9-8-305. EXP-2169 R13-11-104. FXM-3435 R9-8-1313. EXP-2930 R13-11-105. FXM-3435 municable Diseases and Infestations R13-11-108. FXM-3435 R9-6-401. PM-1674; FM-3329 Health Services, Department of – Health R13-11-110. FXM-3435 R9-6-403. PM-1674; FM-3329 Care Institutions: Licensing R13-11-111. FXM-3435 R9-6-404. PM-1674; FM-3329 R9-10-1001. PN-2898 R9-6-405. PM-1674; FM-3329 R9-10-1002. PN-2898 Fire, Building and Life Safety, Depart- R9-6-406. P#-1674; PN-1674; R9-10-1003. PN-2898 ment of F#-3329; FN-3329 R9-10-1004. PN-2898 R4-36-201. FM-449 R9-6-407. P#-1674; PM-1674; R9-10-1005. PN-2898 R4-36-301. FN-449 F#-3329; FM-3329 R9-10-1006. PN-2898 R4-36-302. FN-449 R9-6-408. PR-1674; PN-1674; R9-10-1007. PN-2898 R4-36-303. FN-449 FR-3329; FN-3329 R9-10-1008. PN-2898 R4-36-304. FN-449 R9-6-409. P#-1674; PM-1674; R9-10-1009. PN-2898 R4-36-305. FN-449 F#-3329; FM-3329 R9-10-1010. PN-2898 R4-36-306. FN-449 R9-6-410. P#-1674; PM-1674; R9-10-1011. PN-2898 R4-36-307. FN-449 F#-3329; FM-3329 R9-10-1012. PN-2898 R4-36-308. FN-449 R9-6-601. P#-2736; PN-2736 R9-10-1013. PN-2898 R4-36-309. FN-449 R9-6-602. P#-2736 R9-10-1014. PN-2898 R4-36-310. FN-449 R9-6-603. P#-2736 R9-10-1015. PN-2898 R4-36-311. FN-449 R9-6-604. P#-2736 R9-10-1016. PN-2898 R9-6-701. PM-2736 R9-10-1017. PN-2898 Game and Fish Commission R9-6-702. PM-2736 R12-4-102. FM-462 R9-6-706. PM-2736 Health Services, Department of – Health R12-4-203. FM-462 R9-6-707. PM-2736 Care Institutions: Rates and Charges R12-4-501. PM-2028 Table 1. PM-2736 R9-11-101. PM-2206; FM-3648 R12-4-502. PM-2028 Table 2. PM-2736 R9-11-201. PR-2206; PN-2206; R12-4-503 PM-2028 R9-6-901. RC-1745 FR-3648; FN-3648 R12-4-505 PM-2028 R9-6-902. RC-1745 R9-11-202. PN-2206; FN-3648 R12-4-506. PM-2028 Exhibit A. RC-1745 R9-11-203. PN-2206; FN-3648 R12-4-507. PM-2028 Exhibit B. RC-1745 R9-11-204. PN-2206; FN-3648 R12-4-509. PM-2028 R9-6-903. RC-1745 R9-11-205 PN-2206; FN-3648 R12-4-511. PM-2028 R9-6-1201. P#-2736 R9-11-301. PR-2206; PN-2206; R12-4-514. PM-2028 R9-6-1202. P#-2736 FR-3648; FN-3648 R12-4-516. PM-2028 R9-6-1203. P#-2736 R9-11-302. PN-2206; FN-3648 R12-4-517. PM-2028 R9-6-1204. P#-2736 R9-11-303. PR-2206; PN-2206; R12-4-520. PM-2028 FR-3648; FN-3648 R12-4-524. PM-2028 Health Services, Department of – Emer- R9-11-304. PN-2206; FN-3648 R12-4-526. PN-2028 gency Medical Services R9-11-305. PR-2206; PN-2206; R12-4-528. PN-2028 R9-25-205. PM-1204; FM-3014 FR-3648; FN-3648 R12-4-701. PM-1693 R9-25-305. PM-1204; FM-3014 R9-11-401. PM-2206; FM-3648 R12-4-702. PM-1693 R9-25-306. PM-1204; FM-3014 R9-11-402. PM-2206; FM-3648 R12-4-703. PM-1693 R9-25-307. PM-1204; FM-3014 Table 1. PR-2206; FR-3648 R12-4-704. PM-1693 R9-25-308. PM-1204; FM-3014 R9-11-501. PM-2206; FM-3648 R12-4-705. PM-1693 R9-25-309. PM-1204; FM-3014 R9-11-502. PM-2206; FM-3648 R12-4-706. PM-1693 Exhibit C. PM-1204; FM-3014

Volume 13, Issue 46 Page 4088 November 16, 2007 Arizona Administrative Register / Secretary of State Index

Health Services, Department of – Labo- R9-2-111. PXN-568; FXN-1512 R20-6-205. F#-2061; FM-2061 ratories R9-2-112. PXN-568; FXN-1512 R20-6-206. F#-2061; FM-2061 R9-14-301. EXP-689 R20-6-207. F#-2061; FM-2061 R9-14-302. EXP-689 Health Services, Department of – Vital R20-6-208. F#-2061; FM-2061 R9-14-401. EXP-689 Records and Statistics R20-6-209. F#-2061; FM-2061 R9-14-402. EXP-689 R9-19-413. FXM-117 R20-6-210. F#-2061; FM-2061 R9-14-403. EXP-689 Homeopathic Medical Examiners, R20-6-211. F#-2061; FM-2061 R9-14-404. EXP-689 Board of R20-6-212. F#-2061; FM-2061 R9-14-405. EXP-689 R4-38-105. PM-18; FM-2924 R20-6-212.01. F#-2061; FM-2061 R9-14-406. EXP-689 R20-6-213. F#-2061; FM-2061 R9-14-407. EXP-689 Industrial Commission of Arizona R20-6-214. F#-2061; FM-2061 R9-14-408. EXP-689 R20-5-121. PM-2525 R20-6-215. F#-2061 R9-14-409. EXP-689 R20-5-601. FM-1417; TM-1634; R20-6-215.01. F#-2061 R9-14-410. EXP-689 PM-1844 R20-6-216. F#-2061 R9-14-411. EXP-689 R20-5-602. PM-1374; FM-1417; R20-6-217. F#-2061 R9-14-412. EXP-689 FM-2927; PM-3267 R20-6-309. EXP-1278 R9-14-702. EXP-689 R20-5-602.01. PN-3267 R20-6-309.01 EXP-1278 R9-14-703. EXP-689 R20-5-1201. EN-473; PN-2142; R20-6-309.02 EXP-1278 R9-14-708. EXP-689 EN-2785 R20-6-309.03 EXP-1278 R9-14-709. EXP-689 R20-5-1202. EN-473; PN-2142; R20-6-309.04 EXP-1278 EN-2785 Table 1. EXP-1278 Health Services, Department of – Non- R20-5-1203. EN-473; PN-2142; Table 2. EXP-1278 communicable Diseases EN-2785 Table 3. EXP-1278 R9-4-501. PM-286; FM-1702 R20-5-1204. EN-473; PN-2142; Table 4. EXP-1278 R9-4-502. PR-286; PN-286; EN-2785 Table 5. EXP-1278 FR-1702; FN-1702 R20-5-1205. EN-473; PN-2142; Table 6. EXP-1278 R9-4-503. PN-286; FN-1702 EN-2785 R20-6-2201. PN-2628 R9-4-504. PN-286; FN-1702 R20-5-1206. EN-473; PN-2142; Lottery Commission, Arizona State Health Services, Department of – Oral EN-2785 R20-5-1207. EN-473; PN-2142; R19-3-201. P#-775; PN-775; Health F#2639; FN-2639 R9-23-101. TM-21; EXP-121; EN-2785 R20-5-1208. EN-473; PN-2142; R19-3-202. P#-775; PM-775; PN-1972 F#2639; FM-2639 R9-23-106. EXP-121 EN-2785 R20-5-1209. EN-473; PN-2142; R19-3-203. P#-775; PM-775; R9-23-107. EXP-121 F#2639; FM-2639 R9-23-108. EXP-121 EN-2785 R20-5-1210. EN-473; PN-2142; R19-3-204. PR-775; P#-775; R9-23-109. EXP-121 PM-775; FR-2639; R9-23-110. EXP-121 EN-2785 R20-5-1211. EN-473; PN-2142; F#-2639; FM-2639 R9-23-201. TN-21; PN-1972 R19-3-205. PM-775; FM-2639 R9-23-202. TN-21; PN-1972 EN-2785 R20-5-1212. EN-473; PN-2142; R19-3-206. PM-775; FM-2639 R9-23-203. TN-21; PN-1972 R19-3-207. PM-775; FM-2639 R9-23-204. TN-21 EN-2785 R20-5-1213. EN-473; PN-2142; R19-3-208. PM-775; FM-2639 R9-23-301. TN-21; PN-1972 R19-3-209. PM-775; FM-2639 R9-23-302. TM-21; EXP-121; EN-2785 R20-5-1214. EN-473; PN-2142; R19-3-210. PN-775; FN-2639 PN-1972 R19-3-211. PN-775; FN-2639 R9-23-303. TN-21; PN-1972 EN-2785 R20-5-1215. EN-473; PN-2142; R19-3-212. PN-775; FN-2639 R9-23-304. TN-21; PN-1972 R19-3-213. PN-775; FN-2639 R9-23-305. TN-21 EN-2785 R20-5-1216. EN-473; PN-2142; R19-3-214. PN-775; FN-2639 Health Services, Department of – Pure EN-2785 R19-3-215. PN-775; FN-2639 Food Control R20-5-1217. EN-473; PN-2142; R19-3-216. PN-775; FN-2639 R9-17-201. EXP-3531 EN-2785 R19-3-217. PN-775; FN-2639 R9-17-203. EXP-3531 R20-5-1218. EN-473; PN-2142; R19-3-701. FM-1031 EN-2785 R19-3-702. FM-1031 Health Services, Department of – R20-5-1219. EN-473; PN-2142; R19-3-703. FM-1031 Tobacco Tax-funded Programs EN-2785 R19-3-704. FM-1031 R9-2-101. PXN-568; FXN-1512 R20-5-1220. EN-473; PN-2142; R19-3-705. FM-1031 R9-2-102. PXN-568; FXN-1512 EN-2785 R19-3-706. FM-1031 R9-2-103. PXN-568; FXN-1512 R19-3-707. FM-1031 R9-2-104. PXN-568; FXN-1512 Insurance, Department of R19-3-708. FM-1031 R9-2-105. PXN-568; FXN-1512 R20-6-201. FM-2061 R19-3-709. FM-1031 R9-2-106. PXN-568; FXN-1512 R20-6-201.01. FN-2061 R19-3-1001. FM-2775 R9-2-107. PXN-568; FXN-1512 R20-6-201.02. FN-2061 R19-3-1002. FM-2775 R9-2-108. PXN-568; FXN-1512 R20-6-202. FM-2061 R19-3-1003. FM-2775 R9-2-109. PXN-568; FXN-1512 R20-6-203. FN-2061 R19-3-1004. FM-2775 R9-2-110. PXN-568; FXN-1512 R20-6-204. FM-2061 R19-3-1005. FR-2775

November 16, 2007 Page 4089 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Index

R19-3-1006. FR-2775 R4-19-301. FM-1483 R12-8-103. FM-1115 R19-3-1007. FM-2775 R4-19-302. FM-1483 R12-8-104. FM-1115 R19-3-1008. FM-2775 R4-19-505. FM-1483 R12-8-105. FR-1115 R4-19-506. FM-1483 R12-8-106. FM-1115 Manufactured Housing, Board of R4-19-507. FM-1483 R12-8-107. FM-1115 R4-34-101. PM-1776; FM-3582 R4-19-508. FM-1483 R12-8-108. FM-1115 R4-34-201. PM-1948; TM-2388; R12-8-109. FM-1115 PM-2990 Nursing Care Institution Administrators R12-8-110. FM-1115 R4-34-203. PM-1948; TM-2388; and Assisted Living Facility Managers, R12-8-111. FM-1115 PM-2990 Board of Examiners for R12-8-112. FM-1115 R4-34-204. PM-1776; PM-1948; 4-33-101. PM-3568 R12-8-113. FM-1115 TM-2388; PM-2990; 4-33-102. PM-3568 R12-8-114. FM-1115 FM-3582 4-33-109. PN-3568 R12-8-115. FM-1115 R4-34-401. PM-1948; TM-2388; 4-33-201. PM-3568 R12-8-116. FM-1115 PM-2990 4-33-202. PM-3568 R12-8-119. FM-1115 R4-34-402. PM-1948; TM-2388; 4-33-204. PM-3568 R12-8-120. FM-1115 PM-2990 4-33-206. PM-3568 R12-8-122. FM-1115 R4-34-501. PM-1948; TM-2388; 4-33-301. PR-3568; PN-3568 R12-8-124. FM-1115 PM-2990 4-33-302. PR-3568; PN-3568 R12-8-125. FM-1115 R4-34-601. PM-1948; TM-238; 4-33-303 PR-3568 R12-8-126. FM-1115 PM-2990 4-33-401. PM-3568 R12-8-301. FM-1115 R4-34-603. PM-2990 4-33-403. PM-3568 R12-8-305. FM-1115 R4-34-607. PM-1948; TM-2388; 4-33-405. PM-3568 PM-2990 4-33-409. PN-3568 Pharmacy, Board of R4-34-701. PM-1948; TM-2388; 4-33-410. PN-3568 R4-23-110. FM-440; FM-520; PM-2990 FM-616; PM-822; R4-34-702. PM-1948; TM-2388; Oil and Gas Conservation Commission PM-942; FM-3477 PM-2990 R12-7-115. PM-1213 R4-23-407. FM-440 R4-34-703. PM-1948; TM-2388; R12-7-121. PM-1213 R4-23-408. FM-440 PM-2990 Optometry, Board of R4-23-605. PM-822; FM-3477 R4-34-704. PM-1948; TM-2388; R4-21-101. PM-3124 R4-23-607. FM-520; PM-822; PM-2990 R4-21-102. P#-3124, PM-3124 FM-3477 R4-34-705. PM-1948; TM-2388; R4-21-103. P#-3124, PM-3124 R4-23-610. PM-728; FM-2631 PM-2990 Table 1. PM-3124 R4-23-614. FN-616 R4-34-706. PM-1948; TM-2388; R4-21-201. PM-3124 R4-23-615. FN-616 PM-2990 R4-21-202. P#-3124, PN-3124 R4-23-616. FN-616 R4-34-803. PM-1948; TM-2388; R4-21-203. P#-3124, PM-3124 R4-23-621. FN-520 PM-2990 R4-21-204. P#-3124, PN-3124 R4-23-1201. PN-942 R4-34-804. PM-1948; TM-2388; R4-21-205. P#-3124, PM-3124 R4-23-1202. PN-942 PM-2990 R4-21-206. P#-3124, PN-3124 R4-23-1203. PN-942 R4-34-805. PM-1948; TM-2388; R4-21-207. P#-3124, PM-3124 R4-23-1204. PN-942 PM-2990 R4-21-208. P#-3124, PM-3124 R4-23-1205. PN-942 R4-21-209. P#-3124, PM-3124 R4-23-1206. PN-942 Medical Board, Arizona R4-23-1207. PN-942 R4-16-101. PM-234; TM-2266; R4-21-210. PN-3124 R4-21-211. PN-3124 R4-23-1208. PN-942 PM-2830 R4-23-1209. PN-942 R4-16-603. PM-234; TM-2266; R4-21-212. P#-3124, PM-3124 R4-21-213. PN-3124 R4-23-1210. PN-942 PM-2830 R4-23-1211. PN-942 R4-16-701. PN-234; TN-2266; R4-21-301. PR-3124; P#-3124; PN-2830 PM-3124 Physical Therapy, Board of R4-16-702. PN-234; TN-2266; R4-21-302. PM-3124 R4-24-101. FM-1640 PN-2830 R4-21-303. PM-3124 R4-24-204. PM-3320 R4-16-703. PN-234; TN-2266; R4-21-304. P#-3124, PN-3124 R4-24-208. PM-3320 PN-2830 R4-21-305. P#-3124, PM-3124 R4-24-208. PM-3320 R4-16-704. PN-234; TN-2266; R4-21-306. P#-3124, PM-3124 Table 1. PM-3474 PN-2830 R4-21-307. P#-3124, PM-3124 R4-24-303. FM-1640 R4-16-705. PN-234; TN-2266; R4-21-308. P#-3124, PN-3124 PN-2830 R4-21-309. P#-3124, PM-3124 Psychologist Examiners, Board of R4-16-706. PN-234; TN-2266; R4-21-501. PR-3124 R4-26-101. PM-8; FM-1493 PN-2830 R4-21-502. PR-3124 R4-26-106. PM-8; FM-1493 R4-16-707. PN-234; TN-2266; R4-21-503. PR-3124 R4-26-108. PM-8; FM-1493 PN-2830 R4-21-504. PR-3124 R4-26-203. PM-8; FM-1493 R4-26-203.01. PM-8; FM-1493 Nursing, Board of Parks Board, Arizona State R4-26-204. PM-8; FM-1493 R4-19-215. FM-1483 R12-8-101. FM-1115 R4-26-205. PM-8; FM-1493 R12-8-102. FM-1115

Volume 13, Issue 46 Page 4090 November 16, 2007 Arizona Administrative Register / Secretary of State Index

R4-26-208. PM-8; FM-1493 Radiation Regulatory Agency R12-1-725. FN-1217 Table 1. PM-8; FM-1493 R12-1-101. PM-731 R12-1-726. FN-1217 R4-26-210. PM-8; FM-1493 R12-1-102. PM-731; FM-1217 R12-1-727. FN-1217 R4-26-301. PN-8; FN-1493 R12-1-103. PM-731; FM-1217 R12-1-728. FN-1217 R4-26-302. PN-8; FN-1493 R12-1-201. PM-731 R12-1-729. FN-1217 R4-26-304. PN-8; FN-1493 R12-1-203. PM-731 R12-1-730. FN-1217 R4-26-305. PN-8; FN-1493 R12-1-205. PM-731 R12-1-731. FN-1217 R12-1-206. PM-731 R12-1-732. FN-1217 Public Safety, Department of – Local R12-1-207. PM-731 R12-1-733. FN-1217 Retirement Board Appendix A. PM-731 R12-1-734. FN-1217 R13-8-101. FM-1801 R12-1-306. PM-731 R12-1-735. FN-1217 R13-8-103. FM-1801 R12-1-311. PM-731; FM-1217 R12-1-736. FN-1217 R13-8-104. FM-1801 R12-1-324. PM-731 R12-1-737. FN-1217 R13-8-105. FM-1801 R12-1-403. PM-731 R12-1-738. FN-1217 R13-8-106. FM-1801 R12-1-419. PM-731 R12-1-739. FN-1217 R13-8-109. FM-1801 R12-1-422. PM-731 R12-1-740. FN-1217 R13-8-110. FM-1801 R12-1-431. PM-731 R12-1-741. FN-1217 R13-8-111. FM-1801 R12-1-432. PM-731 R12-1-742. FN-1217 R13-8-112. FM-1801 R12-1-434. PM-731; FM-1217 R12-1-743. FN-1217 R13-8-115. FN-1801 R12-1-435. PM-731 R12-1-744. FN-1217 Public Safety, Department of – Con- R12-1-438. PM-731; FM-1217 R12-1-745. FN-1217 cealed Weapon Permits R12-1-440. PM-731 R12-1-746. FN-1217 R13-9-101. FM-550 R12-1-443. PM-731 Exhibit A. FR-1217; FN-1217 R13-9-102. FM-550 R12-1-446. PM-731 R12-1-901. FM-1217 R13-9-103. FM-550 R12-1-447. PM-731 R12-1-902. PM-731 R13-9-104. FM-550 R12-1-448. PM-731 R12-1-904. PM-731 Table 1. FN-550 R12-1-449. PM-731 R12-1-905. PM-731 R13-9-201. FM-550 R12-1-454. PN-731 R12-1-907. PM-731 R13-9-202. FM-550 R12-1-455. FM-1217 R12-1-910. PM-731 R13-9-203. FM-550 R12-1-602. PM-731 R12-1-911. PM-731 R13-9-204. FM-550 R12-1-603. PM-731 R12-1-913. PM-731; FM-1217 R13-9-205. FM-550 R12-1-604. PM-731 Appendix A. PM-731 R13-9-206. FM-550 R12-1-605. PM-731 R12-1-1142. PM-731 R13-9-207. FR-550 R12-1-606. PM-731 R12-1-1215. PM-731 R13-9-208. FM-550 R12-1-607. PM-731 R12-1-1401. PM-731 R13-9-301. FR-550 R12-1-608. PM-731 R12-1-1502. PM-731 R13-9-302. FM-550 R12-1-610. PM-731 R12-1-1503. PN-731 R13-9-303. FR-550 R12-1-611. PM-731 R12-1-1504. PM-731 R13-9-304. FR-550 R12-1-612. PM-731 R12-1-1505. PM-731 R13-9-305. FM-550 R12-1-614. PM-731 R12-1-1506. PM-731 R13-9-306. FR-550 R12-1-701. FR-1217; FN-1217 R12-1-1507. PM-731 R13-9-307. FM-550 R12-1-702. FM-1217 R12-1-1508. PM-731 R13-9-308. FM-550 R12-1-703. FM-1217 R12-1-1510. PN-731 R13-9-309. FM-550 R12-1-704. FR-1217; FN-1217 R12-1-1511. PN-731 R13-9-310. FN-550 R12-1-705. FR-1217; FN-1217 R12-1-1512. PN-731 R13-9-401. F#-550; FN-550 R12-1-706. FR-1217; FN-1217 R12-1-1513. PN-731 R13-9-402. F#-550; FN-550 R12-1-707. FR-1217; FN-1217 R12-1-1514. PN-731 R13-9-403. FN-550 R12-1-708. FR-1217; FN-1217 R12-1-1515. PN-731 R13-9-404. FN-550 R12-1-709. FN-1217 R12-1-1713. PM-731 R13-9-405. FN-550 R12-1-710. FR-1217; FN-1217 R12-1-711. FR-1217; FN-1217 Revenue, Department of – Bingo Section R13-9-501. FN-550 R15-7-602. FR-1125 R13-9-502. FN-550 R12-1-712. FR-1217; FN-1217 R12-1-713. FR-1217; FN-1217 R15-7-603. FR-1125 R13-9-601. F#-550; FM-550 R15-7-604. FR-1125 R13-9-602. FN-550 R12-1-714. FR-1217; FN-1217 R12-1-715. FN-1217 R15-7-606. FR-1125 R13-9-603. F#-550; FR-550; FN- R15-7-608. FR-1125 550 R12-1-716. FR-1217; FN-1217 R12-1-717. FR-1217; FN-1217 R15-7-621. FR-1125 Public Safety, Department of – Tow R12-1-718. FR-1217; FN-1217 R15-7-622. FR-1125 Trucks R12-1-719. FR-1217; FN-1217 Revenue, Department of – Property Tax R13-3-203. PM-3324 R12-1-720. FR-1217; FN-1217 Oversight Commission R13-3-902. PM-3324 R12-1-721. FN-1217 R15-12-401. PN-1461 R13-3-1003. PM-3324 R12-1-722. FN-1217 R15-12-402. PN-1461 R13-3-1004. PM-3324 R12-1-723. FN-1217 R15-12-403. PN-1461 R12-1-724. FN-1217

November 16, 2007 Page 4091 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Index

Revenue, Department of – Transaction Structural Pest Control Commission R4-29-608. FN-623 Privilege and Use Tax Section R4-29-101. FR-528; FN-623 R4-29-609. FN-623 R15-5-135. FM-679 R4-29-102. FR-528; FN-623 R4-29-701. FN-623 R15-5-137. FM-679 R4-29-103. FN-623 R4-29-702. FN-623 R15-5-138. FM-679 R4-29-104. FR-528; FN-623 R4-29-703. FN-623 R15-5-180. FM-682 R4-29-105. FN-623 R4-29-704. FN-623 R15-5-182. FM-682 R4-29-106. FN-623 R4-29-705. FN-623 R15-5-403. FM-682 R4-29-107. FR-528; FN-623 R4-29-706. FN-623 R15-5-406. FM-682 R4-29-108. FR-528 R4-29-707. FN-623 R15-5-1102. FM-470 Table 1. FR-528; FN-623 R4-29-708. FN-623 R15-5-2305. EXP-1744 R4-29-201. FR-528; FN-623 Appendix A. FR-528 R15-5-2330. FM-679 R4-29-202. FR-528; FN-623 R15-5-2334. FM-679 R4-29-203. FR-528; FN-623 Technical Registration, Board of R4-29-204. FR-528; FN-623 R4-30-101. FM-968 School Facilities Board R4-29-205. FR-528; FN-623 R4-30-304. FM-1084; PM-2139 R7-6-258. PM-1959 R4-29-206. FR-528; FN-623 Appendix A. PM-2139 R7-6-261. PM-1959 R4-29-207. FR-528; FN-623 Appendix B. PN-2139 R7-6-301. PM-1959 R4-29-208. FR-528; FN-623 Transportation, Department of – R7-6-502. PM-1959 R4-29-209. FR-528; FN-623 R7-6-504. PM-1959 Administration R4-29-210. FN-623 R17-1-201. FXM-3041 R7-6-601. PM-1959 R4-29-211. FR-528; FN-623 R7-6-758. PM-1959 R17-1-202. FXM-3041 R4-29-212. FR-528; FN-623 R17-1-308. PR-2519 Secretary of State, Office of the R4-29-213. FR-528; FN-623 R17-1-318. PR-2519 R2-12-801. PN-2134 R4-29-214. FN-623 R17-1-319. PR-2519 R2-12-802. PN-2134 R4-29-215. FN-623 R17-1-322. PR-2519 R2-12-803. PN-2134 R4-29-216. FN-623 R17-1-323. PR-2519 R2-12-804. PN-2134 R4-29-301. FR-528; FN-623 R17-1-333. PR-2519 R2-12-805. PN-2134 R4-29-302. FR-528; FN-623 R17-1-501. PM-2753 R2-12-806. PN-2134 R4-29-303. FR-528; FN-623 R17-1-502. PM-2753 R2-12-807. PN-2134 R4-29-304. FR-528; FN-623 R17-1-503. PM-2753 R2-12-808. PN-2134 R4-29-305. FR-528; FN-623 R17-1-504. PN-2753 R2-12-809. PN-2134 R4-29-306. FR-528; FN-623 R17-1-505. P#-2753; PM-2753 R2-12-810. PN-2134 R4-29-307. FR-528; FN-623 R17-1-506. P#-2753; PM-2753 R2-12-811. PN-2134 R4-29-308. FR-528 R17-1-507. P#-2753; PM-2753 R4-29-309. FR-528 R17-1-508. P#-2753; PM-2753 State Land Department R4-29-310. FR-528 R17-1-509. P#-2753; PM-2753 R12-5-405. PM-2264 R4-29-311. FR-528 R17-1-510. P#-2753; PM-2753 R12-5-2101. PN-2514 R4-29-312. FR-528 R17-1-511. P#-2753; PM-2753 R12-5-2104. PM-2514 R4-29-313. FR-528 R17-1-512. P#-2753; PM-2753 R12-5-2105. PM-2514 R4-29-314. FR-528 R17-1-513. P#-2753; PM-2753 R12-5-2106. PM-2514 R4-29-315. FR-528 R17-1-514. PN-2753 R12-5-2115. PM-2514 R4-29-401. FR-528 R17-1-601. PN-3255 R12-5-2118. PM-2514 R4-29-402. FR-528 R17-1-602. PN-3255 R12-5-2120. PM-2514 R4-29-407. FR-528 R17-1-603. PN-3255 R12-5-2122. PM-2514 R4-29-408. FR-528 R17-1-604. PN-3255 R12-5-2301. PM-2678 R4-29-409. FR-528 R17-1-605. PN-3255 R12-5-2302. PM-2678 R4-29-410. FR-528 R17-1-606. PN-3255 R12-5-2303. PM-2678 R4-29-412. FR-528 R17-1-607. PN-3255 R12-5-2304. PM-2678 R4-29-413. FR-528 R17-1-608. PN-3255 R12-5-2305. PM-2678 R4-29-414. FR-528 R17-1-609. PN-3255 R12-5-2306. PM-2678 R4-29-415. FR-528 R17-1-610. PN-3255 R12-5-2307. PM-2678 R4-29-417. FR-528 R12-5-2308. PM-2678 R4-29-418. FR-528 Transportation, Department of – Com- R12-5-2309. PM-2678 R4-29-501. FR-528; FN-623 mercial Programs R12-5-2310. PM-2678 R4-29-502. FR-528; FN-623 R17-5-203. SPM-1377; FM-2636 R12-5-2311. PM-2678 R4-29-503. FR-528; FN-623 R17-5-209. FM-1262 R12-5-2312. PM-2678 R4-29-504. FR-528; FN-623 R17-5-502. FR-858 R12-5-2313. PM-2678 R4-29-505. FN-623 R17-5-503. FR-858 R12-5-2314. PM-2678 R4-29-601. FN-623 R17-5-601. PM-1594; FM-3499 R12-5-2315. PM-2678 R4-29-603. FN-623 R17-5-602. P#-1594; PM-1594; R4-29-604. FN-623 F#-3499; FN-3499 State Retirement System Board R17-5-603. P#-1594; PN-1594; R2-8-202. PM-2384; TM-2388 R4-29-605. FN-623 R4-29-606. FN-623 F#-3499; FN-3499; R4-29-607. FN-623 F#-3499; FM-3499

Volume 13, Issue 46 Page 4092 November 16, 2007 Arizona Administrative Register / Secretary of State Index

R17-5-604. P#-1594; PM-1594 R17-8-608. PN-2572 R12-15-152. EXP-1647 R17-5-605. P#-1594; PN-1594; R17-8-609. PN-2572 R12-15-207. PM-1454; FM-3022 F#-3499; FN-3499 R17-8-610. PN-2572 R12-15-224. PM-1454; FM-3022 R17-5-606. P#-1594; PM-1594; R17-8-611. PN-2572 R12-15-704. FM-1394 F#-3499; FM-3499 R12-15-722. FM-1394 R17-5-607. P#-1594; PM-1594; Transportation, Department of – Over- R12-15-723. FM-1394 F#-3499; FM-3499 dimensional Permits R12-15-725. FR-1394; FN-1394 Appendix A. P#-1594; F#-3499 R17-6-101. FM-866 R12-15-805. PM-1454; FM-3022 Appendix B. P#-1594; F#-3499 R17-6-113. FN-866 R12-15-810. PM-1454; FM-3022 Appendix C. P#-1594; F#-3499 R17-6-305. FM-866 R12-15-816. PM-1454; FM-3022 R17-5-608. P#-1594; PM-1594; Transportation, Department of – Title, R12-15-822. PM-1454; FM-3022 F#-3499; FM-3499 Registration, and Driver Licenses R12-15-1210. PM-1454; FM-3022 R17-5-609. P#-1594; PM-1594; R17-4-201. PM-954; FM-3281 F#-3499; FM-3499 R17-4-207. PM-954; FR-3281; Miscellaneous Notices R17-5-610. P#-1594; PM-1594; FN-3281 Agency Ombudsman, Notice of F#-3499; FM-3499 R17-4-208. PM-954; FR-3281; Exhibit A. P#-1594; PR-1594; FN-3281 Arizona Health Care Cost Contain- F#-3499 R17-4-301. PN-1977; FN-3589 ment System; p. 600 Exhibit B. P#-1594; PR-1594; R17-4-302. PM-1977; FM-3589 Agriculture, Department of; p. 1650 F#-3499 R17-4-303. PM-1977; FM-3589 Appendix A. P#-1594; PR-1594; R17-4-304. PM-1977; FM-3589 County Notices Pursuant to A.R.S. § 49- F#-3499; FR-3499 R17-4-311. FXM-1894 112 Appendix B. P#-1594; PR-1594; R17-4-350. PN-84; FN-2058 Maricopa County Air Quality F#-3499; FR-3499 R17-4-413. PN-510; FN-2155 Department; pp. 314, 1145, 1896, Appendix C. P#-1594; PR-1594; R17-4-501. FM-1127; PM-3261 1908, 1991, 2175, 2272, 2455, 2600, F#-3499; FR-3499 R17-4-502. FM-1127 2691, 3373, 3374, 3375, 3701, 3711, R17-5-611. P#-1594; PM-1594; Exhibit A. FR-1127 3768, 3864, 3871, 3888 F#-3499; FM-3499 R17-4-504. FN-1127; PM-3261 R17-5-612. P#-1594; PM-1594; R17-4-508. FM-1127; PM-3264 Pima County Department of Environ- F#-3499; FM-3499 R17-4-512. PM-2523; SPM-3270 mental Quality; pp. 692, 874, 875, R17-5-613. PN-1594; FN-3499 R17-4-701. FN-684; PM-1383; 1281, 1565, 1813, 2176, 2932, 3204 R17-5-701. PN-1594; FN-3499 FM-3368 Pinal County Air Quality Control R17-5-702. PN-1594; FN-3499 R17-4-702. FN-684; PM-1383; District; pp. 1146, 2458, 2855, 3158, R17-5-703. P#-1594; PM-1594; FM-3368 3160 F#-3499; FM-3499 R17-4-703. FN-684 Exhibit A. P#-1594; PR-1594; R17-4-704. FN-684 Governor’s Office F#-3499; FR-3499 R17-4-705. FN-684; PM-1383; Emergency, Declaration of; pp. 268- Exhibit B. P#-1594; PR-1594; FM-3368 269 F#-3499; FR-3499 R17-4-706. FN-684 R17-5-704. PN-1594; FN-3499 Executive Orders; pp. 211-218 (E.O. R17-4-707. FN-684 #2007-01, #2007-02, #2007-03, #2007- R17-5-705. PN-1594; FN-3499 R17-4-708. FN-684 R17-5-706. PN-1594; FN-3499 04, #2007-05, #2007-06), 491-492 (E.O. R17-4-709. FN-684 2007-07), 601-602 (E.O. 2007-08), 797- R17-5-707. PN-1594; FN-3499 R17-4-710. FN-684 R17-5-708. FN-3499 799 (E.O. #2007-09), 2106-2107 (E.O. R17-4-711. FN-684 #2007-10), 2182-2183 (E.O. #2007-11), R17-5-801. FN-858 R17-4-712. PN-1984; FN-3368 R17-5-802. FN-858 2801-2802 (E.O. #2007-15), 2864-2869 R17-4-801. PN-2921 (E.O. #2007-16, #2007-17, #2007-18, R17-5-803. FN-858 R17-4-802. PN-2921 R17-5-804. FN-858 #2007-19), 2961-2963 (E.O. #2007-20), R17-5-805. FN-858 Veterinary Medical Examining Board 3094-3095 (E.O. #2007-21), 3376-3377 R17-5-806. FN-858 Table 1. FM-513 (E.O. #2007-22), 3537-3538 (E.O. R17-5-807. FN-858 R3-11-902. FM-513 #2007-23), 3931-3932 (E.O. #2007-24) R17-5-808. FN-858 R3-11-903. FM-513 SAI June 30, 2007; pp. 107-110 (E.O. R17-5-809. FN-858 R3-11-1001. FN-513 #2007-12, E.O. #2007-13, E.O. #2007- R17-5-810. FN-858 R3-11-1002. FN-513 14) R17-5-811. FN-858 R3-11-1003. FN-513 R3-11-1004. FN-513 Proclamations; pp. 48-56, 125-133, Transportation, Department of – Motor R3-11-1005. FN-513 186-187, 218-222, 269-273, 401-405, Carrier and Tax Services Program R3-11-1006. FN-513 493-497, 602-603, 706-713, 799-808, R17-8-601. PN-2572 R3-11-1007. FN-513 920-926, 1058-1060, 1181-1187, 1283- R17-8-602. PN-2572 R3-11-1008. FN-513 1290, 1335-1344, 1428-1436, 1534- R17-8-603. PN-2572 R3-11-1009. FN-513 1540, 1567-1576, 1651-1656, 1753- R17-8-604. PN-2572 R3-11-1010. FN-513 1756, 1820-1825, 1925-1929, 2005- R17-8-605. PN-2572 2009, 2106-2114, 2182-2186, 2361- Water Resources, Department of 2364, 2490-2495, 2535-2541, 2605- R17-8-606. PN-2572 R12-15-151. PM-1454; FM-3022 R17-8-607. PN-2572 2607, 2707-2710, 2802-2808, 2869-

November 16, 2007 Page 4093 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Index

2873, 2963-2967, 3049-3052, 3095- Public Meeting on Open Rulemaking Economic Security, Department of – 3101, 3163-3168, 3220-3227, 3293- Docket, Notices of Aging and Adult Administration; 6 3298, 3378-3384, 3443-3450, 3538- Chiropractic Examiners, Board of; 4 A.A.C. 8; p. 2595 3545, 3617-3624, 3719-3733, 3932- A.A.C. 7; p. 1056 Economic Security, Department of – 3935 Water Resources, Department of; 12 Cash Assistance Program; 6 A.A.C. SAI June 30, 2007; pp. 118-122 A.A.C. 15; p. 1334 12; p. 2596 Governor’s Regulatory Review Council Economic Security, Department of – Rulemaking Docket Opening, Notices of Developmental Disabilities; 6 A.A.C. Notice of Action Taken; pp. 1422- Administration, Department of; 2 6; p. 2594 1425, 1425-1427, 1817-1819, 2180- A.A.C. 1; p. 39 2181, 2957-2960 Economic Security, Department of – Administration, Department of – Employment and Training; 6 A.A.C. Notice of Public Meeting and Agenda; Insurance Benefits for State Officers 2; p. 2591 pp. 45-47, 264-267; 702-705; 1179- and Employees; 2 A.A.C. 6; p. 2447 1180, 1815-1816, 2359-2360, 2705- Economic Security, Department of – 2706, 3047-3048, 3290-3292, 3614- Administration, Department of – Per- Food Stamps Program; 6 A.A.C. 14; 3616 sonnel Administration; 2 A.A.C. 5; pp. p. 2598 2447, 3155 Five-Year Review Report Schedule; Economic Security, Department of – pp. 1920-1924 Administration, Department of – Risk General Assistance Program; 6 Management Section; 2 A.A.C. 10; pp. A.A.C. 17; p. 2598 Guidance Document, Notice of Agency 2528, 3371 Economic Security, Department of – Health Services, Department of; pp. Administration, Department of – Job Training Partnership Act 585, 586, 587, 588, 589, 590, 591, 592, School Buses; 17 A.A.C. 9; p. 3767 (JTPA); 6 A.A.C. 11; p. 2596 593, 594, 595, 596, 597, 1752 Agriculture, Department of – Animal Economic Security, Department of – Revenue, Department of; p. 2799 Services Division; 3 A.A.C. 2; p. 1563 Licensing and Certification; 6 A.A.C. Oral Proceeding on Proposed Rulemak- Agriculture, Department of – Envi- 18; p. 2599 ing, Notices of ronmental Services Division; 3 A.A.C. Economic Security, Department of – Environmental Quality, Department 3; p. 485 Rehabilitation Services; 6 A.A.C. 4; p. of; 18 A.A.C. 1; p. 2355 Agriculture, Department of – Plant 2593 Oil and Gas Conservation Commis- Services Division; 3 A.A.C. 4; p. 486 Economic Security, Department of – sion; 12 A.A.C. 7; p. 3046 Appraisal, Board of; 4 A.A.C. 46; pp. Social Services; 6 A.A.C. 5; p. 2593 Transportation, Department of – 3044, 3045, 3766 Economic Security, Department of – Commercial Programs; 17 A.A.C. 5; Arizona Health Care Cost Contain- State Assistance Programs; 6 A.A.C. p. 2178 ment System – Administration; 9 13; p. 2597 A.A.C. 22; pp. 41, 1053, 2170, 2853 Economic Security, Department of – Proposed Delegation Agreement, Notices Unemployment Insurance; 6 A.A.C. of Arizona Health Care Cost Contain- ment System – Arizona Long-term 3; p. 2592 Fire, Building and Life Safety, Care System; 9. A.A.C. 28; pp. 1420; Emergency and Military Affairs, Department of; pp. 3440 2171, 2853 Department of – Project ChalleNGe; Health Services, Department of; pp. Arizona Health Care Cost Contain- 8 A.A.C. 5; p. 262 164, 165, 166, 168, 169, 170, 171, 173, ment System – Children’s Health Emergency and Military Affairs, 174, 175, 176, 178, 179,180, 181 Insurance Program; 9 A.A.C. 31; p. Department of – Division of Emer- Public Information, Notices of 2171 gency management; 8 A.A.C. 2; p. 486 Arizona Health Care Cost Contain- Arizona Health Care Cost Contain- Environmental Quality, Department ment System – Health Care For Pri- ment System – Health Care for Pri- of – Air Pollution Control; 18 A.A.C. vate Employer Groups/AHCCCS vate Employer Groups/AHCCCS 2; pp. 312, 313, 2099 Administered; p. 185 Administered; 9 A.A.C. 27; p. 209 Environmental Quality, Department Environmental Quality, Department Chiropractic Examiners, Board of; 4 of – Hazardous Waste Management; of; pp. 2101-2104, 2604-2602, 2856- A.A.C. 7; p. 122 18 A.A.C. 8; p. 1054 2863 Citizens Clean Elections Commission; Environmental Quality, Department Health Services, Department of – 2 A.A.C. 20; pp. 1048, 1049 of – Permits and Compliance Fees; 18 Emergency Medical Services; p. 1811 Corporation Commission – Securi- A.A.C. 14; p. 2690 Health Services, Department of – ties; 14 A.A.C. 4; p. 2688 Environmental Quality, Department Tobacco Tax-funded Programs; p. 183 Corporation Commission – Transpor- of – Remedial Action; 18 A.A.C. 7; pp. 1144, 1648, 2099 Secretary of State, Office of the; pp. tation; 14 A.A.C. 5; p. 162 1749-1750, 3610 Economic Security, Department of; 6 Environmental Quality, Department A.A.C. 1; p. 2591 of – Safe Drinking Water; 18 A.A.C. 4; p. 2688

Volume 13, Issue 46 Page 4094 November 16, 2007 Arizona Administrative Register / Secretary of State Index

Environmental Quality, Department Lottery Commission, Arizona State; Transportation, Department of – of – Solid Waste Management; 18 19 A.A.C. 3; p. 3286 Overdimensional Permits; 17 A.A.C. A.A.C. 13; pp. 583, 1280 Manufactured Housing, Board of; 4 6; p. 3092 Environmental Quality, Department A.A.C. 34; pp. 40, 123, 2530 Transportation, Department of – Pro- of – Water Quality Assurance Revolv- Medical Board, Arizona; 4 A.A.C. 16; fessional Driver Training Schools; 17 ing Fund Program; 18 A.A.C. 16; p. p. 2267 A.A.C. 10; p. 2452 1055 Nursing, Board of; 4 A.A.C. 19; p. Transportation, Department of – Environmental Quality, Department 2267 Title, Registration, and Driver of – Water Quality Standards; 18 Licenses; 17 A.A.C. 4; pp. 43, 162, A.A.C. 11; p. 2689 Nursing Care Institution Administra- 1053, 1989, 2451, 2530, 2931, 3203, tors and Assisted Living Facility 3700 Executive Clemency, Board of; 5 Managers, Board of Examiners for; 4 A.A.C. 4; p. 3533 A.A.C. 33; p. 3156 Veterans’ Services, Department of – Game and Fish Commission; 12 Arizona State Veteran Home; 4 Oil and Gas Conservation Commis- A.A.C. 40; p. 1987 A.A.C. 4; pp. 1747, 2098 sion; 12 A.A.C. 7; p. 43 Health Facilities Board, Arizona; 4 Water Quality Appeals Board; 2 Pharmacy, Board of; 4 A.A.C. 23; pp. A.A.C. 17; p. 2529 A.A.C. 35; p. 3532 208, 1279, 3155, 3439 Health Services, Department of – Water Resources, Department of; 12 Physical Therapy, Board of; 4 A.A.C. A.A.C. 15; p. 1421 Child Care Facilities; 9 A.A.C. 5; pp. 24; pp. 311, 2795, 3532 1988; 2449 Weights and Measures, Department Public Safety, Department of – Tow of; 20 A.A.C. 2; pp. 2270, 2271 Health Services, Department of – Trucks; 13 A.A.C. 3; p. 2172 Communicable Diseases and Infesta- Substantive Policy Statement, Notices of tions; 9 A.A.C. 6; pp. 311, 1050, 1051, Racing Commission, Arizona; 19 1808, 2268, 2269, 2685 A.A.C. 2; pp. 2100, 2797 Agriculture, Department of; pp. 2532, 2800 Health Services, Department of – Radiation Regulatory Agency; 12 Emergency Medical Services; 9 A.A.C. 1, p. 794 Appraisal, Board of; pp. 124, 2105 A.A.C. 25; pp. 488, 2796 Respiratory Care Examiners, Board Behavioral Health Examiners, Board Health Services, Department of – of; 4 A.A.C. 45; p. 3766 of; pp. 2356, 3611 Food, Recreational, and Institutional Revenue, Department of – Property Dental Examiners, State Board of; pp. Sanitation; 9 A.A.C. 8; p. 1052 Tax Oversight Commission; 15 917, 1649 Health Services, Department of – A.A.C. 12; p. 1532 Environmental Quality, Department Health Care Institutions: Licensing; 9 Revenue, Department of – Transac- of; p. 3161 A.A.C. 10; pp. 690, 1809, 2686 tion Privilege and Use Tax Section; 15 Funeral Directors and Embalmers, Health Services, Department of – A.A.C. 5; p. 2270 Board of; p. 3442 Health Care Institutions: Rates and School Facilities Board; 7 A.A.C. 6; p. Health Services, Department of; pp. Charges; 9 A.A.C. 11; p. 487 1987 490, 2532, 3612 Health Services, Department of – Secretary of State, Office of the; 2 Industrial Commission of Arizona; Health Care Institutions: Loan A.A.C. 12; p. 39 pp. 918, 919, 1566, 3536 Repayment; 9 A.A.C. 15; p. 2852 State Land Department; 12 A.A.C. 5; Insurance, Department of; pp. 701, Health Services, Department of – pp. 262; 1333, 2450 2956, 3930 Health Program Services; 9 A.A.C. 13; p. 3609 State Retirement System Board; 2 Liquor Licenses and Control, Depart- A.A.C. 8; p. 2448 ment of; p. 599 Health Services, Department of – Occupational Licensing; 9 A.C.C. 16; Structural Pest Control Commission; Physical Therapy, Board of; pp. 698, p. 2795 4 A.A.C. 29; p. 1808 3612 Health Services, Department of – Technical Registration, Board of; – 4 Revenue, Department of; pp. 2356, Oral Health; 9 A.C.C. 23; pp. 42, 793 A.A.C. 30; pp. 1532, 2170 2357, 2358 Industrial Commission of Arizona; 20 Transportation, Department of – State Land Department; pp. 796, 2533 A.A.C. 5; pp. 872, 873, 1747, 2173, Administration; 17 A.A.C. 1; pp. 1563, 3092 State Real Estate Department; pp. 2452, 3157 699, 700 Insurance, Department of; 20 A.A.C. Transportation, Department of – Highways; 17 A.A.C. 3; p. 209 Structural Pest Control Commission; 6; pp. 2174, 2453, 2454 p. 3535 Transportation, Department of – Liquor Licenses and Control, Depart- Water Resources, Department of; pp. ment of; 19 A.A.C. 1; p. 1564 Motor Carrier and Tax Services Pro- gram; 17 A.A.C. 8; p. 2531 1057, 2687, 3287, 3288, 3929

November 16, 2007 Page 4095 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Deadlines for Publication and G.R.R.C. Schedule 2007 Effective Dates A.R.S. § 41-1032(A), as amended by Laws 2002, Ch. 334, § 8 (effective August 22, 2002), states that a rule generally becomes effective 60 days after the day it is filed with the Secretary of State’s Office. The following table lists filing dates and effective dates for rules that follow this provision. The 2008 Leap-year calendar will reflect the extra day. July August September October November December Date Effective Date Effective Date Effective Date Filed Effective Date Filed Effective Date Filed Effective Filed Date Filed Date Filed Date Date Date Date

7/1/07 8/30/07 8/1/07 9/30/07 9/1/07 10/31 10/1/07 11/30/07 11/1/07 12/31/07 12/1/07 1/30/08 7/2/07 8/31/07 8/2/07 10/1/07 9/2/07 11/1/07 10/2/07 12/1/07 11/2/07 1/1/08 12/2/07 1/31/08 7/3/07 9/1/07 8/3/07 10/2/07 9/3/07 11/2/07 10/3/07 12/2/07 11/3/07 1/2/08 12/3/07 2/1/08 7/4/07 9/2/07 8/4/07 10/3/07 9/4/07 11/3/07 10/4/07 12/3/07 11/4/07 1/3/08 12/4/07 2/2/08 7/5/07 9/3/07 8/5/07 10/4/07 9/5/07 11/4/07 10/5/07 12/4/07 11/5/07 1/4/08 12/5/07 2/3/08 7/6/07 9/4/07 8/6/07 10/5/07 9/6/07 11/5/07 10/6/07 12/5/07 11/6/07 1/5/08 12/6/07 2/4/08 7/7/07 9/5/07 8/7/07 10/6/07 9/7/07 11/6/07 10/7/07 12/6/07 11/7/07 1/6/08 12/7/07 2/5/08 7/8/07 9/6/07 8/8/07 10/7/07 9/8/07 11/7/07 10/8/07 12/7/07 11/8/07 1/7/08 12/8/07 2/6/08 7/9/07 9/7/07 8/9/07 10/8/07 9/9/07 11/8/07 10/9/07 12/8/07 11/9/07 1/8/08 12/9/07 2/7/08 7/10/07 9/8/07 8/10/07 10/9/07 9/10/07 11/9/07 10/10/07 12/9/07 11/10/07 1/9/08 12/10/07 2/8/08 7/11/07 9/9/07 8/11/07 10/10/07 9/11/07 11/10/07 10/11/07 12/10/07 11/11/07 1/10/08 12/11/07 2/9/08 7/12/07 9/10/07 8/12/07 10/11/07 9/12/07 11/11/07 10/12/07 12/11/07 11/12/07 1/11/08 12/12/07 2/10/08 7/13/07 9/11/07 8/13/07 10/12/07 9/13/07 11/12/07 10/13/07 12/12/07 11/13/07 1/12/08 12/13/07 2/11/08 7/14/07 9/12/07 8/14/07 10/13/07 9/14/07 11/13/07 10/14/07 12/13/07 11/14/07 1/13/08 12/14/07 2/12/08 7/15/07 9/13/07 8/15/07 10/14/07 9/15/07 11/14/07 10/15/07 12/14/07 11/15/07 1/14/08 12/15/07 2/13/08 7/16/07 9/14/07 8/16/07 10/15/07 9/16/07 11/15/07 10/16/07 12/15/07 11/16/07 1/15/08 12/16/07 2/14/08 7/17/07 9/15/07 8/17/07 10/16/07 9/17/07 11/16/07 10/17/07 12/16/07 11/17/07 1/16/08 12/17/07 2/15/08 7/18/07 9/16/07 8/18/07 10/17/07 9/18/07 11/17/07 10/18/07 12/17/07 11/18/07 1/17/08 12/18/07 2/16/08 7/19/07 9/17/07 8/19/07 10/18/07 9/19/07 11/18/07 10/19/07 12/18/07 11/19/07 1/18/08 12/19/07 2/17/08 7/20/07 9/18/07 8/20/07 10/19/07 9/20/07 11/19/07 10/20/07 12/19/07 11/20/07 1/19/08 12/20/07 2/18/08 7/21/07 9/19/07 8/21/07 10/20/07 9/21/07 11/20/07 10/21/07 12/20/07 11/21/07 1/20/08 12/21/07 2/19/08 7/22/07 9/20/07 8/22/07 10/21/07 9/22/07 11/21/07 10/22/07 12/21/07 11/22/07 1/21/08 12/22/07 2/20/08 7/23/07 9/21/07 8/23/07 10/22/07 9/23/07 11/22/07 10/23/07 12/22/07 11/23/07 1/22/08 12/23/07 2/21/08 7/24/07 9/22/07 8/24/07 10/23/07 9/24/07 11/23/07 10/24/07 12/23/07 11/24/07 1/23/08 12/24/07 2/22/08 7/25/07 9/23/07 8/25/07 10/24/07 9/25/07 11/24/07 10/25/07 12/24/07 11/25/07 1/24/08 12/25/07 2/23/08 7/26/07 9/24/07 8/26/07 10/25/07 9/26/07 11/25/07 10/26/07 12/25/07 11/26/07 1/25/08 12/26/07 2/24/08 7/27/07 9/25/07 8/27/07 10/26/07 9/27/07 11/26/07 10/27/07 12/26/07 11/27/07 1/26/08 12/27/07 2/25/08 7/28/07 9/26/07 8/28/07 10/27/07 9/28/07 11/27/07 10/28/07 12/27/07 11/28/07 1/27/08 12/28/07 2/26/08 7/29/07 9/27/07 8/29/07 10/28/07 9/29/07 11/28/07 10/29/07 12/28/07 11/29/07 1/28/08 12/29/07 2/27/08 7/30/07 9/28/07 8/30/07 10/29/07 9/30/07 11/29/07 10/30/07 12/29/07 11/30/07 1/29/08 12/30/07 2/28/08 7/31/07 9/29/07 8/31/07 10/30/07 10/31/07 12/30/07 *Feb. 2008 has 29 days 12/31/07 2/29/08*

Volume 13, Issue 46 Page 4096 November 16, 2007 Arizona Administrative Register / Secretary of State Deadlines for Publication and G.R.R.C. Schedule 2008 Effective Dates January February March April May June Date Effective Date Effective Date Effective Date Filed Effective Date Filed Effective Date Filed Effective Filed Date Filed Date Filed Date Date Date Date

1/1/08 3/1/08 2/1/08 4/1/08 3/1/08 4/30/08 4/1/08 5/31/08 5/1/08 6/30/08 6/1/08 7/31/08 1/2/08 3/2/08 2/2/08 4/2/08 3/2/08 5/1/08 4/2/08 6/1/08 5/2/08 7/1/08 6/2/08 8/1/08 1/3/08 3/3/08 2/3/08 4/3/08 3/3/08 5/2/08 4/3/08 6/2/08 5/3/08 7/2/08 6/3/08 8/2/08 1/4/08 3/4/08 2/4/08 4/4/08 3/4/08 5/3/08 4/4/08 6/3/08 5/4/08 7/3/08 6/4/08 8/3/08 1/5/08 3/5/08 2/5/08 4/5/08 3/5/08 5/4/08 4/5/08 6/4/08 5/5/08 7/4/08 6/5/08 8/4/08 1/6/08 3/6/08 2/6/08 4/6/08 3/6/08 5/5/08 4/6/08 6/5/08 5/6/08 7/5/08 6/6/08 8/5/08 1/7/08 3/7/08 2/7/08 4/7/08 3/7/08 5/6/08 4/7/08 6/6/08 5/7/08 7/6/08 6/7/08 8/6/08 1/8/08 3/8/08 2/8/08 4/8/08 3/8/08 5/7/08 4/8/08 6/7/08 5/8/08 7/7/08 6/8/08 8/7/08 1/9/08 3/9/08 2/9/08 4/9/08 3/9/08 5/8/08 4/9/08 6/8/08 5/9/08 7/8/08 6/9/08 8/8/08 1/10/08 3/10/08 2/10/08 4/10/08 3/10/08 5/9/08 4/10/08 6/9/08 5/10/08 7/9/08 6/10/08 8/9/08 1/11/08 3/11/08 2/11/08 4/11/08 3/11/08 5/10/08 4/11/08 6/10/08 5/11/08 7/10/08 6/11/08 8/10/08 1/12/08 3/12/08 2/12/08 4/12/08 3/12/08 5/11/08 4/12/08 6/11/08 5/12/08 7/11/08 6/12/08 8/11/08 1/13/08 3/13/08 2/13/08 4/13/08 3/13/08 5/12/08 4/13/08 6/12/08 5/13/08 7/12/08 6/13/08 8/12/08 1/14/08 3/14/08 2/14/08 4/14/08 3/14/08 5/13/08 4/14/08 6/13/08 5/14/08 7/13/08 6/14/08 8/13/08 1/15/08 3/15/08 2/15/08 4/15/08 3/15/08 5/14/08 4/15/08 6/14/08 5/15/08 7/14/08 6/15/08 8/14/08 1/16/08 3/16/08 2/16/08 4/16/08 3/16/08 5/15/08 4/16/08 6/15/08 5/16/08 7/15/08 6/16/08 8/15/08 1/17/08 3/17/08 2/17/08 4/17/08 3/17/08 5/16/08 4/17/08 6/16/08 5/17/08 7/16/08 6/17/08 8/16/08 1/18/08 3/18/08 2/18/08 4/18/08 3/18/08 5/17/08 4/18/08 6/17/08 5/18/08 7/17/08 6/18/08 8/17/08 1/19/08 3/19/08 2/19/08 4/19/08 3/19/08 5/18/08 4/19/08 6/18/08 5/19/08 7/18/08 6/19/08 8/18/08 1/20/08 3/20/08 2/20/08 4/20/08 3/20/08 5/19/08 4/20/08 6/19/08 5/20/08 7/19/08 6/20/08 8/19/08 1/21/08 3/21/08 2/21/08 4/21/08 3/21/08 5/20/08 4/21/08 6/20/08 5/21/08 7/20/08 6/21/08 8/20/08 1/22/08 3/22/08 2/22/08 4/22/08 3/22/08 5/21/08 4/22/08 6/21/08 5/22/08 7/21/08 6/22/08 8/21/08 1/23/08 3/23/08 2/23/08 4/23/08 3/23/08 5/22/08 4/23/08 6/22/08 5/23/08 7/22/08 6/23/08 8/22/08 1/24/08 3/24/08 2/24/08 4/24/08 3/24/08 5/23/08 4/24/08 6/23/08 5/24/08 7/23/08 6/24/08 8/23/08 1/25/08 3/25/08 2/25/08 4/25/08 3/25/08 5/24/08 4/25/08 6/24/08 5/25/08 7/24/08 6/25/08 8/24/08 1/26/08 3/26/08 2/26/08 4/26/08 3/26/08 5/25/08 4/26/08 6/25/08 5/26/08 7/25/08 6/26/08 8/25/08 1/27/08 3/27/08 2/27/08 4/27/08 3/27/08 5/26/08 4/27/08 6/26/08 5/27/08 7/26/08 6/27/08 8/26/08 1/28/08 3/28/08 2/28/08 4/28/08 3/28/08 5/27/08 4/28/08 6/27/08 5/28/08 7/27/08 6/28/08 8/27/08

1/29/08 3/29/08 2/29/08* 4/29/08 3/29/08 5/28/08 4/29/08 6/28/08 5/29/08 7/28/08 6/29/08 8/28/08

1/30/08 3/30/08 *Feb. 2008 has 29 3/30/08 5/29/08 4/30/08 6/29/08 5/30/08 7/29/08 6/30/08 8/29/08 1/31/08 3/31/08days 3/31/08 5/30/08 5/31/08 7/30/08

November 16, 2007 Page 4097 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Deadlines for Publication and G.R.R.C. Schedule Register Deadlines The Secretary of State’s Office publishes the Register weekly. There is a three-week turnaround period between a deadline date and the publication date of the Register. The weekly deadline dates and issue dates are shown below. Council meetings and Register deadlines do not correlate. Also listed are the earliest dates on which an oral proceeding can be held on proposed rulemakings or proposed delegation agreements following publication of the notice in the Register.

Deadline Date (paper only) Register Publication Oral Proceeding may be Friday, 5:00 p.m. Date held on or after April 20, 2007 May 11, 2007 June 11, 2007 April 27, 2007 May 18, 2007 June 18, 2007 May 4, 2007 May 25, 2007 June 25, 2007 May 11, 2007 June 1, 2007 July 2, 2007 May 18, 2007 June 8, 2007 July 9, 2007 May 25, 2007 June 15, 2007 July 16, 2007 June 1, 2007 June 22, 2007 July 23, 2007 June 8, 2007 June 29, 2007 July 30, 2007 June 15, 2007 July 6, 2007 August 6, 2007 June 22, 2007 July 13, 2007 August 13, 2007 June 29, 2007 July 20, 2007 August 20, 2007 July 6, 2007 July 27, 2007 August 27, 2007 July 13, 2007 August 3, 2007 September 4, 2007 (Tuesday) July 20, 2007 August 10, 2007 September 10, 2007 July 27, 2007 August 17, 2007 September 17, 2007 August 3, 2007 August 24, 2007 September 24, 2007 August 10, 2007 August 31, 2007 October 1, 2007 August 17, 2007 September 7, 2007 October 9, 2007 (Tuesday) August 24, 2007 September 14, 2007 October 15, 2007 August 31, 2007 September 21, 2007 October 22, 2007 September 7, 2007 Septembr 28, 2007 October 29, 2007 September 14, 2007 October 5, 2007 November 5, 2007 September 21, 2007 October 12, 2007 November 13, 2007 (Tuesday) September 28, 2007 October 19, 2007 November 19, 2007 October 5, 2007 October 26, 2007 November 26, 2007 October 12, 2007 November 2, 2007 December 3, 2007 October 19, 2007 November 9, 2007 December 10, 2007 October 26, 2007 November 16, 2007 December 17, 2007 November 2, 2007 November 23, 2007 December 24, 2007 November 9, 2007 November 30, 2007 December 31, 2007 November 16, 2007 December 7, 2007 January 7, 2008 November 23, 2007 December 14, 2007 January 14, 2007 November 30, 2007 December 21, 2007 January 22, 2008 (Tuesday) December 7, 2007 December 28, 2007 January 28, 2008 December 14, 2007 January 4, 2008 February 4, 2008 December 21, 2007 January 11, 2008 February 11, 2008 December 28, 2007 January 18, 2008 February 19, 2008 (Tuesday)

Volume 13, Issue 46 Page 4098 November 16, 2007 Arizona Administrative Register / Secretary of State Deadlines for Publication and G.R.R.C. Schedule Rules Published in the Arizona Administrative Code The Secretary of State’s Office publishes updates to the Arizona Administrative Code four times a year. If final, exempt, emergency, or summary rules are filed between the dates shown, the rule will be published in the corresponding supplement. The tentative publication dates are shown below. A Price List for updated Chapters becomes effective the day the supplement is released. Supplements and Price Lists are available for electronic viewing online at http://www.azsos.gov. Rules can be found under the Public Services link. Rules on this web site are NOT the official version as published by our office. Please read the Disclaimer on the web site.

2007 Supplement Time-frame Supplement January 1 – March 30 Supp. 07-1 April 1 – June 29 Supp. 07-2 July 1 – September 28 Supp. 07-3 October 1 – December 31 Supp. 07-4

November 16, 2007 Page 4099 Volume 13, Issue 46 Arizona Administrative Register / Secretary of State Deadlines for Publication and G.R.R.C. Schedule GOVERNOR’S REGULATORY REVIEW COUNCIL DEADLINES

The following deadlines apply to all Five-Year Review Reports and any adopted rule submitted to the Governor’s Regulatory Review Council. Council meetings and Register deadlines do not correlate.

All rules and Five-Year Review Reports are due in the Council office by 5:00 p.m. of the deadline date. The Council’s office is located at 100 N. 15th Avenue, Suite 402, Phoenix, AZ 85007. For more information, call (602) 542-2058 or visit www.grrc.state.az.us.

DEADLINE TO BE MATERIALS DUE DATE OF COUNCIL DATE REVISIONS DUE TO PLACED ON COUNCIL FROM AGENCIES MEETING COUNCIL AFTER MEET- AGENDA ING

November 20, 2006 December 13, 2006 January 9, 2007 January 23, 2007

December 18, 2006 January 10, 2007 February 6, 2007 February 20, 2007

January 22, 2007 February 14, 2007 March 6, 2007 March 20, 2007

February 19, 2007 March 14, 2007 April 3, 2007 April 20, 2007

March 19, 2007 April 11, 2007 May 1, 2007 May 15, 2007

April 16, 2007 May 9, 2007 June 5, 2007 June 19, 2007

May 21, 2007 June 13, 2007 July 10, 2007 July 24, 2007

June 18, 2007 July 11, 2007 August 7, 2007 August 21, 2007

July 16, 2007 August 15, 2007 September 11, 2007 September 25, 2007

August 20, 2007 September 12, 2007 October 2, 2007 October 16, 2007

September 17, 2007 October 10, 2007 November 6, 2007 November 20, 2007

October 22, 2007 November 14, 2007 December 4, 2007 December 18, 2007

Meeting on second Tuesday: January, July, September

Volume 13, Issue 46 Page 4100 November 16, 2007