Rule-Making Notices (Hearing Notices)

Madison, WI 53701-2689

These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.

Environmental Assessment

Notice is hereby given that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings. Requests for the EA and comments on the EA should be directed to:

Jean M. MacCubbin

Division of Administrative Services

Department of Commerce

P.O. Box 2689

Madison, Wisconsin 53701-2689

Telephone [phone]

or TTY [phone]

Written comments will be accepted until February 27, 2002.

Initial Regulatory Flexibility Analysis

1. Types of small businesses that will be affected by the rules.

Portions of this rule revision incorporate changes to plumbing designs and installations for various facilities or buildings, such as mobile home parks, campgrounds, health-care facilities, including CBRFs and nursing homes, and water treatment devices.

• The small CBRFs will have more options than are currently available to supply safe water to their patients.

•There will be time-savings for the property owner as the person installing may submit for review of the plans for private water mains.

•The proposed rules for the installation of water treatment devices will allow for the industry standard materials to be installed and may save money for the installer and customer.

•The rules for water treatment and the options for water reuse may open new markets for small businesses.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

The requirement for the submission of plans for water treatment systems designed to treat nonpotable water for additional use may increase plan submittals in the future.

3. Types of professional skills necessary for compliance with the rules.

All of the proposed rules require that professionals (master plumbers, journeymen, etc.) install the systems except for the installation of plumbing in a single family home, owned and occupied by the person installing the plumbing.

Fiscal Estimate

The department regulates pool construction. Pool construction plans must be submitted to Commerce for review and approval. Onsite inspections will be performed by Commerce to insure that the pools are constructed in accordance with the approved plans. Fees will be paid in accordance with s. 2.68 Table 2.68-1 at the time the plans are submitted for review which offset the cost to administer and enforce the code. The program will be administered with existing staff. The agency will absorb the cost within current resources. This proposal also revises the fee schedule to offset the rising inflation costs to administer the program

Based on an expected annual submittal rate of 150 pools, the estimated annual revenue from the proposed fee schedule is $45,000.

Copies of Rule and Contact Person

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at: www.commerce.state.wi.us/SB/SB-HomePage. Copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email [e-mail], telephone [phone] or [phone] (TTY). Copies will also be available at the public hearings.

Notice of Hearing

Financial Institutions-Savings Institutions
[CR 02-006]

Pursuant to s. 227.17, Stats., notice is hereby given that the Department of Financial Institutions, Division of Savings Institutions will hold a public hearing at the time and place indicated below to consider creating rules relating to acquiring and holding stock in bank-owned banks.

Date, Time and Place of Hearing

February 11, 2002   T.G. Thompson Conference Room

Monday     5th Floor

9:00 a.m.     Department of Financial Institutions

    345 West Washington Avenue

    Madison, WI 53703

This facility is accessible to individuals with disabilities through levels A, B or the first floor lobby. If you require reasonable accommodation to access any meeting, please call Lisa Bauer at [phone] or TTY [phone] for the hearing impaired at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided by the Americans with Disabilities Act.

Written comments in lieu of public hearing testimony must be received not later than the hearing date and should be addressed to Michael J. Mach, Administrator, Department of Financial Institutions, Division of Banking, P.O. Box 7876, Madison, WI 53707-7876.

Analysis Prepared by Department of Financial Institutions, Division of Banking

To create ss. DFI-SB 16.03 (8) and DFI-SL 16.06. The rules would allow state-chartered savings banks and state-chartered savings and loan associations, with the prior approval of the division of savings institutions, to acquire and hold stock in any of the following: a bank chartered under s. 221.1202, Stats.; a national bank chartered under 12 USC 27(b)(1); a bank holding company wholly owning a bank chartered under s. 221.1202; or a bank holding company wholly owning a bank chartered under 12 USC 27(b)(1). Section 221.1201 permits state-chartered banks to acquire stock in bank-owned banks. The rules would be the implementing provision under state law authorizing state-chartered savings banks and state-chartered savings and loan associaions to acquire and hold stock in bank-owned banks. The rules would ensure that state-chartered savings banks and state-chartered savings and loan associations will not be at a competitive disadvantage with other financial institutions that have received similar authority under state or federal laws.

Statutory Authority

Sections 214.03, 214.49 (15), 215.135, 215.13 (26) (f), 218.04 (7) (d) and 227.11 (2), Stats.

Fiscal Estimate

There is no state fiscal effect, and there are no local government costs. No funding sources or ch. 20 appropriations are affected. There are no long-range fiscal implications.

Initial Regulatory Flexibility Analysis

The proposed rule will not have an effect on small businesses.

Contact Person

A copy of the full text of the proposed rules and fiscal estimate may be obtained through the following:

Mark Schlei, Deputy General Counsel

Department of Financial Institutions

Office of the Secretary

P.O. Box 8861

Madison, WI 53708-8861

Tel. [phone]

TTY [phone]

A copy of the full text of the proposed rules may also be obtained at the department's website, www.wdfi.org.

Notice of Hearings

Natural Resources
(Environmental Protection-General)

[CR 02-004]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2), 281.15 and 283.13, Stats., interpreting ss. 281.15 and 283.13, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 102, 104 and 106, Wis. Adm. Code, relating to stream classifications. Chapter NR 102 contains water quality standards for Wisconsin surface waters. The major change made to ch. NR 102 includes relocation of standards and associated rule language from ch. NR 104 to ch. NR 102 since it is the more appropriate rule for language associated with specific designated use categories and water quality criteria necessary to support those uses for the surface waters of Wisconsin. A minor change has been to reserve Subchapter II for the thermal water quality standards currently being developed.

Chapter NR 104 contains the uses and designated standards for surface waters. The purpose of the revisions to this chapter is to update the lists of uses and designated standards to reflect current state of knowledge for those waters.

Chapter NR 106 contains procedures for the calculation of water quality-based effluent limitations for toxic and organoleptic (taste & odor) substances. Two additional subchapters have been added to this rule. Subchapter II has been reserved for the procedures for calculating water quality-based effluent limitations for the discharge of heat (i.e., temperature limitations) which are currently under development, and Subchapter III has been created to include effluent limitations for water designated as limited aquatic life waters in ch. NR 104 have been transferred from ch. NR 104 to ch. NR 106 which is a more logical location.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Any business that may wish to discharge effluent to a stream.

b. Description of reporting and bookkeeping procedures required: Would be specified in a permit issued to the business depending on the type and amount of effluent discharged.

c. Description of processional skills required: Dependent on the size and type of business discharging effluent.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

February 20, 2002   Room 027, GEF #2,

Wednesday     101 South Webster Street

at 1:00 p.m.     Madison

February 21, 2002   Conference Room, DNR

Thursday     West Central Region Headquarters,

at 1:00 p.m.     1300 W. Clairemont Avenue,

    Eau Claire

March 4, 2002     Meeting Room

Monday     Appleton Public Library

at 1:00 p.m.     225 N. Oneida St.

    Appleton

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Laura Bub at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

There is no expected fiscal effect at the state or local level. The proposed amendments do not create additional regulatory workload beyond the requirements of the WPDES permit program.

Some stream classifications have become more restrictive and others less restrictive. This has resulted in cost expenditures at some facilities and cost savings at other facilities. It is important to stress that these revisions to chs. NR 102, 104, and 106 do not force any facilities to upgrade or make operational changes to meet limits that may be associated with an upgraded stream classification. These changes are to update ch. NR 104 with currently recognized and implemented stream classifications.

Written comments on the proposed rule may be submitted to Ms. Laura Bub, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than March 15, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WI-11-02] and fiscal estimate may be obtained from Ms. Bub.

Notice of Proposed Rule

Transportation
[CR 02-003]

NOTICE IS HEREBY GIVEN that pursuant to the authority of ss. 110.075 (6), 194.38 (2), 194.43, 346.45 (4), and 227.11, Stats., interpreting ss. 110.07, 110.075, 194.38 and 194.43, Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Wisconsin Department of Transportation will adopt the following rule amending ch. Trans 325 and 326, relating to motor carrier safety regulations, without public hearing unless, within 30 days after publication of this notice February 1, 2002, the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.

Questions about this rule may be addressed to Charles Teasdale, Division of State Patrol, Room 551, P. O. Box 7912, Madison, Wisconsin 53707-7912, telephone [phone].