Rule-Making Notices (Hearing Notices)

David Guckelberger   Air-Conditioning &       Refrigeration Institute

Gary Hammen   Wisconsin State AFL-CIO

Al Mlakar   Sheet Metal & Air-Conditioning       Contractors Assn.

Randy S. Pucek   City of Milwaukee

Frederick Weidenfeller II   Vilter Manufacturing Corp.

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until April 2, 2003, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689.

This hearing is held in an accessible facility. 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.

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.html. Paper 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 hearing.

Environmental Analysis

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 hearing. Requests for the EA and comments on the EA should be directed to:

Ronald Acker

Division of Safety and Buildings

Department of Commerce

P.O. Box 2689

Madison, Wisconsin 53701-2689

Telephone [phone]

or TTY [phone]

Written comments will be accepted until April 2, 2003.

Initial Regulatory Flexibility Analysis:

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

The rules will affect any business involved with the design, construction, installation, operation, inspection, repair or maintenance of mechanical refrigeration systems.

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

There are no new reporting or bookkeeping procedures required for compliance with the rules.

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

There are no types of professional skills necessary for compliance with the rules.

Fiscal Estimate

The Safety and Buildings Division is responsible for administering and enforcing ch. Comm 45. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing ch. Comm 45. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.

Notice of Hearing

Commerce
(Petroleum Products, Ch. Comm 48)

[CR 03-011]

NOTICE IS HEREBY GIVEN that pursuant to ss. 168.04, 168.07 (2) and 168.16 (4), Stats., the Department of Commerce will hold a public hearing on proposed rules relating to petroleum products.

The public hearing will be held as follows:

Date, Time and Location

Wednesday, March 19, 2003 at 1:00 p.m.

Room 3C, Thompson Commerce Center

201 West Washington Avenue

Madison

Analysis prepared by the Department of Commerce

Statutory Authority: Sections 168.04, 168.07 (2) and 168.16 (4), Stats.

Statutes Interpreted: Sections 168.04, 168.07 (2) and 168.16 (4), Stats.

The Environmental and Regulatory Services Division within the Department of Commerce is responsible for the inspection of petroleum products that come into the state of Wisconsin. The petroleum products must meet minimum product grade specifications as prescribed by rule by the Department. The product grade specifications are contained in ch. Comm 48.

The proposed rules consist of a complete update of ch. Comm 48. The current ch. Comm 48 contains tables listing product grade specifications that petroleum products must meet. The proposed rules remove the tables from ch. Comm 48 and replace them with the incorporation by reference of specification standards published by the American Society for Testing and Materials (ASTM). The ASTM specification standards are adopted for fuel oils, gasoline, diesel fuel oil, kerosene and biodiesel fuel. The standards are adopted as written, except for one modification to the specifications for diesel fuel oil. The flash point temperature for No. 2 diesel fuel oil is changed to 100 degrees Fahrenheit instead of the 125 degrees in the ASTM standard. The proposed rules contain several other miscellaneous changes for consistency with the Statutes.

The proposed rules have been developed with the assistance of the Petroleum Products Code Advisory Committee. The members of that citizen advisory committee are as follows:

Name   Representing

Don DeMaster   Wisconsin Small Engine Consortium

Robert S. Elvert   Wisconsin Petroleum Council

Curt Heller   Wisconsin Federation of Cooperatives

Greg Klimek   Wisconsin Motor Carriers Association

Tony Wanta   National Petrochemical & Refiners       Association

Gary Welch   Renewable Fuels Association

Ed Wolf   Petroleum Marketers Association of

  Wisconsin

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until April 2, 2003, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689.

This hearing is held in an accessible facility. 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.

Copies of the proposed rules may be obtained without cost from Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, Email [e-mail], telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Environmental Analysis

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with ch. Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Initial Regulatory Flexibility Analysis:

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

The proposed rules will affect any business that brings petroleum products into the state.

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

In addition to the reporting and bookkeeping requirements of the current code, the proposed rules contain a new requirement for reporting on shipping papers the percentages of petroleum-source diesel fuel and non-petroleum-source diesel fuel when mixtures of these fuels are distributed.

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

There are no types of professional skills needed for compliance with the proposed rules.

Fiscal Estimate

The Environmental and Regulatory Services Division is responsible for administering and enforcing ch. Comm 48. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing ch. Comm 48. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.

Notice of Hearing

Medical Examining Board

[CR 03-023]

NOTICE IS HEREBY GIVEN that pursuant to ss. 15.08 (5) (b) and 227.11 (2), Stats., and ss. 15.407 (2m), 440.08 (2) (a) 54m., 448.015 (1e), 448.015 (1m), 448.015 (1s), 448.03 (1) (c), 448.03 (2) (L), 448.03 (2) (m), 448.03 (2) (n), 448.03 (3) (f), 448.04 (1) (d), 448.04 (1) (e), 448.05 (3), 448.05 (6) (am), 448.13 (2), 448.40 (2( (b) and 448.40 (2) (c), Stats., as created by 2001 Wisconsin Act 89, and interpreting ss. 15.407 (2m), 440.08 (2) (a) 54m., 448.015 (1e), 448.015 (1m), 448.015 (1s), 448.03 (1) (c), 448.03 (2) (L), 448.03 (2) (m), 448.03 (2) (n), 448.03 (3) (f), 448.04 (1) (d), 448.04 (1) (e), 448.05 (3), 448.05 (6) (am), 448.13 (2), 448.40 (2( (b) and 448.40 (2) (c), Stats., will hold a public hearing at the time and place indicated below to consider an order to create chapter Med 22, relating to the licensure and regulation of perfusionists.

Hearing Date, Time and Location

March 19, 2003

8:45 a.m.

1400 East Washington Avenue

Room 179A

Analysis prepared by the Department of Regulation and Licensing

Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats., and ss. 15.407 (2m), 440.08 (2) (a) 54m., 448.015 (1e), 448.015 (1m), 448.015 (1s), 448.03 (1) (c), 448.03 (2) (L), 448.03 (2) (m), 448.03 (2) (n), 448.03 (3) (f), 448.04 (1) (d), 448.04 (1) (e), 448.05 (3), 448.05 (6) (am), 448.13 (2), 448.40 (2( (b) and 448.40 (2) (c), Stats., as created by 2001 Wisconsin Act 89.

Statutes interpreted: ss. 15.407 (2m), 440.08 (2) (a) 54m., 448.015 (1e), 448.015 (1m), 448.015 (1s), 448.03 (1) (c), 448.03 (2) (L), 448.03 (2) (m), 448.03 (2) (n), 448.03 (3) (f), 448.04 (1) (d), 448.04 (1) (e), 448.05 (3), 448.05 (6) (am), 448.13 (2), 448.40 (2( (b) and 448.40 (2) (c), Stats.

This proposed rule-making order comes pursuant to 2001 Wisconsin Act 89. This Act creates licensure for perfusionists, and creates the Perfusionist Examining Council to serve the Medical Examining Board in an advisory capacity. Section Med 22.02 creates definitions for “board," “council," “perfusion" and “perfusionist."

Section Med 22.03 creates includes the requirements for initial licensure. Section Med 22.04 provides the examination requirements as well as the requirements that would require an oral examination. It also includes and other examinations. Section Med 22.05 provides what is required for a temporary license and s. Med 22.06 lists the requirements for a locum tenens license.

Section Med 22.07 lists the criteria necessary for an applicant to review examinations and Med 22.08 provides the necessary criteria for a board review of an examination error.

Section Med 22.09 defines the scope of practice of perfusion. The practice of perfusion is define3d as those functions necessary for the support, treatment, measurement or supplementation of the cardiopulmonary and circulatory system of the patient. A perfusionist is a skilled person, qualified by academic and clinical education, who operates extracorporeal circulation equipment during any medical situation where it is necessary to support or replace the patient's cardiopulmonary/circulatory function and ensures the proper management of physiologic functions by monitoring the necessary variables.

The perfusionist is knowledgeable concerning the variety of equipment available to perform extracorporeal circulation functions and is responsible, in consultation with the physician, for selecting the appropriate equipment and tecunicvues to be used. The perfusionist may be administratively responsible for purchasing supplies and equipment, assuring periodic maintenance of same, as well as for appropriate personnel and departmental management. Management duties may include development and implementation of policies and procedures, quality assurance measures and staff development. Education and research are a fundamental part of the perfusionist's scope of practice.

And, finally, s. Med 22.10 describes continuing education requirements.

Fiscal Estimate

1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.

Initial Regulatory Flexibility Analysis