Notice of Intended Action

Signing on primary highways, signing for Iowa medal of honor highway, ch 131

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ARC 8467C

TRANSPORTATION DEPARTMENT[761]

Notice of Intended Action

Proposing rulemaking related to signing for Iowa medal of honor highway
and providing an opportunity for public comment

The Transportation Department hereby proposes to rescind Chapter 131, “Signing on Primary Highways,” and to adopt a new Chapter 131, “Signing for Iowa Medal of Honor Highway,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code sections307.12(1)“j” and 314.31.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code section 314.31.

Purpose and Summary

This rulemaking proposes to repromulgate Chapter 131 in compliance with Executive Order 10. Proposed Chapter 131 lays out uniform requirements, responsibilities, and procedures for requesting the installation of Medal of Honor signs on U.S. Route 20 across Iowa. The purpose of these signs is to raise awareness of the brave members of the U.S. armed forces that defend our country.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 18, 2024. A public hearing was held on the following date(s):

●October 11, 2024

The Department received no comments. The title of the proposed chapter and the catchwords for rule 761—131.2(314) were changed.

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.

Public Comment

Any interested person may submit written comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on January 6, 2025. Comments should be directed to:

Tracy George
Department of Transportation
DOT Rules Administrator, Government and Community Relations
800 Lincoln Way
Ames, Iowa 50010
Email: tracy.george@iowadot.us

Public Hearing

Public hearings at which persons may present their views orally will be held as follows:

January 6, 2025
9 to 9:30 a.m.

Microsoft Teams link
Or dial: 515.817.6093
Conference ID: 884 467 433

January 6, 2025
2 to 2:30 p.m.

Microsoft Teams link
Or dial: 515.817.6093
Conference ID: 369 976 022

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing impairments, should contact Tracy George and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rulemaking action is proposed:

ITEM 1.Rescind 761—Chapter 131 and adopt the following new chapter in lieu thereof:

CHAPTER 131

SIGNING FOR IOWA MEDAL OF HONOR HIGHWAY

761—131.1(314) Contact information. Information regarding the signing addressed in this chapter is available from: Traffic and Safety Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010. Submissions to the traffic and safety bureau may also be sent or delivered to this address. Additional information and guidance may be found at www.iowadot.gov/traffic/Library/Traffic-and-Safety-Manual.

761—131.2(314) Signing. This rule establishes the conditions and procedures for private entities to purchase and pay for the installation of signs designating the Iowa medal of honor highway.

131.2(1) Definition.

“Iowa medal of honor highway” means the segment of the highway known as United States Highway 20, as designated as of June 17, 2020, that crosses this state from Sioux City to Dubuque.

131.2(2) Conditions.

a.The number of signs within the highway right-of-way is limited to one sign at each end of the Iowa medal of honor highway for traffic entering the state and one sign at each entry point of the corporate limits of each city through which the Iowa medal of honor highway passes.

b.Each sign is to match the design approved and provided by the department, and the sign materials are to comply with departmental standard specifications as they exist at the time of fabrication. The departmental standard specifications can be found on the department’s electronic reference library at www.iowadot.gov/erl.

c.Once signs are installed at one of the approved locations, no additional requests will be accepted for that location. When signs have been installed at all locations identified in paragraph 131.2(2)“a,” no further requests will be accepted.

d.The applicant may purchase a sign from the department’s sign shop or from a private sign fabricator. If an applicant chooses to obtain a sign from a private sign fabricator, the department will furnish the sign design and approve the construction prior to purchase. The department will also inspect the sign as stated in subrule 131.2(5).

e.Signs designating the Iowa medal of honor highway are furnished and paid for by the applicants, including any replacements needed due to sign deterioration or damage. Each applicant is responsible for providing the traffic and safety bureau with the applicant’s current contact information so the applicant can be contacted when a replacement sign is needed. Failure to provide current information may result in removal of all signs the applicant purchased. This would allow a new private entity to sponsor the signing.

f.The applicant is responsible for the cost to install the sign, including the posts and hardware.

g.The department will install the sign.

131.2(3) Procedures. Requests to purchase or install a sign are submitted to the traffic and safety bureau and contain the following:

a.The applicant’s name and contact information.

b.A description of the location where the sign is to be installed.

c.A statement as to whether the sign will be purchased from the department or from a private sign fabricator.

131.2(4) Approval. If the request complies with this rule, the traffic and safety bureau will respond to the applicant with approval of the proposed location or modified location and an estimate of the costs for the sign and installation. Following inspection of the sign in compliance with subrule 131.2(5), the department will install the sign and bill the applicant.

131.2(5) Inspection. If a sign is not purchased from the department’s sign shop, the applicant is to deliver the sign to the department’s sign shop for inspection. Upon receipt of the sign, the department will inspect the sign for compliance with the approved sign design and departmental specifications and notify the applicant.

These rules are intended to implement Iowa Code section 314.31.

Transportation Department

Open For Comments

This notice is open for comments for 16 more day(s). If you'd like to comment, select or click the text you wish to comment on in the document, or click the button below to make a general comment about the document. Comments will be collected through 1/6/2025

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Public Hearing

Official Document

  • Signing on primary highways, signing for Iowa medal of honor highway, ch 131
  • Published on 12/11/2024
  • 28 Views , 0 Comments
  • Notice of Intended Action

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

View Official PDF

View the Iowa Administrative Bulletin for 12/11/2024.

View Bulletin

Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule -131.2(2) Rule -131.2(5) Rule 761-131.1 Rule 761-131.2

Iowa Code References

The following Iowa code references were added to this document. You may click a reference to view related notices.

Iowa Code 314.31

Keywords

The following keywords and tags were added to this document. You may click a keyword to view related notices.

Approval Conditions Contact information Definition Inspection Procedures Signing
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