Written Comments and Copy of Rule
The proposed rule, fiscal estimate and environmental assessment may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Tom Bauman, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 9, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule, fiscal estimate and environmental assessment may be obtained from Mr. Bauman. The information is also available on the Department's website at:
http://dnr.wi.gov/org/water/wm/nps/rules/nr243/nr243.htm
Notice of Hearing
Natural Resources
(Environmental Protection-
Air Pollution Control, Chs. NR 400-)
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 285.11 (1) and 285.30 (2) and (6) (b), Stats., interpreting ss. 285.11 (6) and 285.30 (2) and (6) (b), Stats., the Department of Natural Resources will hold a public hearing on revisions to ss. NR 485.04 and 485.06, Wis. Adm. Code, relating to motor vehicle emission limitations and tampering with motor vehicle air pollution control equipment. The Department's State Implementation Plan will be revised as a result of this revision. A motor vehicle inspection and maintenance (I/M) program has been in effect in southeastern Wisconsin since 1984. The program is presently operating in the seven counties of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha. To meet requirements for I/M programs in the federal Clean Air Act Amendments of 1990, Wisconsin started “enhanced" emission inspections on December 4, 1995. The enhanced inspection procedures (transient emission test and gas cap integrity test) are more effective in identifying high-emitting vehicles and in diagnosing the causes of excess emissions than were the original inspection procedures.
The emission limitations (“cutpoints") subject to this proposed revision are pass/fail standards for the I/M program. The Department proposes to revise certain cutpoints for specific categories of vehicles as follows:
1. Relax the cutpoints for oxides of nitrogen (NOx) for some groups of trucks and older cars to account for some deterioration of the emission control systems for these vehicles;
2. Establish new cutpoints for model year 2005 and newer heavy-duty trucks to account for new federal certification standards for these vehicles; and
3. Simplify the cutpoints for some categories of model year 1994 to 1996 vehicles so that the lane inspector would not need to decode data under the vehicle's hood in order to determine the proper cutpoints.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Small businesses that own nonexempt motor vehicles customarily kept in the 5-county I/M program area and small businesses that repair motor vehicles that fail the I/M inspection. Under the proposed rule, slightly fewer vehicles would fail the I/M inspection. This may lower vehicle repair costs for some small businesses that own motor vehicles, but may also result in a slight decrease in business for small businesses that repair motor vehicles.
b. Description of reporting and bookkeeping procedures required: Other than the requirements for vehicles to report at inspection stations, there are no reporting, bookkeeping or other procedures required for compliance with the rule.
c. Description of professional skills required: No professional skills are necessary.
The Department's Small Business Regulatory Coordinator may be contacted at:
  SmallBusinessReg.Coordinator@dnr.state.wi.us
  or by calling (608) 266-1959.
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 hearing will be held on:
August 23, 2005     Room 140-141
Tuesday at 1:00 p.m.   DNR Southeast Region Hdqrs.
    2300 N. Dr. Martin Luther King Jr.
    Drive
    Milwaukee
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The proposed rule is not expected to increase costs to state or local government nor have a significant fiscal effect on the private sector. Under certain circumstances, the proposed rule may decrease costs to state or local government, since slightly fewer vehicles will fail the emissions test:
(1) The 500 fewer failed vehicles would result in about 600 fewer retests (considering “dropouts" and multiple retests) and that reduction in the number of retests could reduce the Department of Transportation's (DOT's) payment to the I/M program contractor by as much as $10,000 per year. However, based on the terms of the DOT's contract with the I/M program contractor, in order for this savings to be realized, the actual number of tests per year would need to deviate from the number of tests estimated in the contract by more than 3% (in either direction). The likelihood that a deviation that large would occur is uncertain.
(2) Slightly fewer vehicles owned by state or local government may fail the emission test, possibly leading to lower repair costs. However, the repair costs for failed vehicles are often offset by improved fuel efficiency or increased vehicle durability.
Since both of these possibilities for reduced costs are subject to considerable uncertainty, a conservative assessment of the fiscal effect is “no state fiscal effect" and “no local government costs."
Written Comments and Copy of Rule
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Chris Bovee, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 2, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained by contacting Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707, phone: (608) 266-7118; FAX: (608) 267-0560.
Notice of Hearing
Tourism
NOTICE IS HEREBY GIVEN that pursuant to s. 41.17 (4) (g), Stats., the Wisconsin Department of Tourism will hold a hearing at the time and place shown below to consider a proposed order to revise s. Tour 1.03 (4) relating to the joint effort marketing program.
Hearing Information
The hearing will be held at the Department of Tourism, Meeting Room 2B, 201 West Washington Avenue, Madison, Wisconsin, on Thursday August 11, 2005 at 10:00 a.m.
Written Comments
Written comments on the proposed rules may be sent to the contact person by Monday August 1, 2005. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
Analysis Prepared by the Department of Tourism
Section 41.17, Stats., creates a joint effort marketing program and s. 41.17 (4) (g), Stats., authorizes the Department to adopt rules required to administer the program. The Joint Effort Marketing program provides for grants to non-profit organizations engaged in tourism activities that are directed at increasing tourism spending in a local area. Grant funds may be used for the development of publicity, the production and media placement of advertising and direct mailings that are part of a project and overall advertising plan of the applicant organization intended to increase tourism in Wisconsin.
Funding may be used for advertising of an event, for advertising of a sales promotion and for destination marketing advertising that is not tied to an event or promotion, but which is directed at extending the tourism market for the applicant and which has been identified by the Department as a market for the state.
If the project advertises an existing event, the rules require that the advertising be placed in a new geographic market, or reach a new demographic market, or the use of media where advertising for the event has not previously been placed. Existing Event projects are limited to one year of funding.
The proposal would allow the department to fund a second consecutive year of an existing event project.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY GIVEN that pursuant to 227.14 Stats., the proposed rule will have minimal impact on small businesses. The initial regulatory flexibility analysis as required by 227.17 (3) (f), Stats., is as follows:
(1) Type of small business affected by the rule: None
(2) The proposed reporting, bookkeeping and other procedures required for compliance with the rule: None
(3) The types of professional skills necessary for compliance with the rule: None.
Fiscal Estimate
The proposed rule has no fiscal effect.
Contact Person
For additional information about or copies of the proposed rules contact:
Abbie Hill, Joint Effort Marketing Program Coordinator
Telephone: 608/261-6272
Wisconsin Department of Tourism
P.O. Box 8690
Madison, WI 53708-8690
Pursuant to the authority vested in the Department of Tourism, by s. 41.17 (4) (g), Stats., and interpreting s. 41.17, Stats., the Department hereby amends the rules as follows:
SECTION 1. TOUR 1.03 (4) is amended to read:
TOUR 1.03 (4) A project described in s. Tour 1.02 (6) (a), or (f), may receive up to 3 years of funding, and the 3 years are not required to be consecutive. A project described in s. Tour 1.02 (6) (b) (c) (d), may receive up to 2 consecutive years of funding. A recipient of funding for a project described in s. Tour 1.02 (6) (d) may apply for another project under s. Tour 1.02 (6) (d) no earlier than the third fiscal year following the fiscal year during which funding was granted. Projects described in s. Tour 1.02 (6) (b) and (c) are limited to one year of funding unless the department determines that a second year of funding is necessary because severe weather, some other natural event or act of God had a substantial negative impact upon the prior year operation of the event. For each year of funding requested, an application shall be submitted and a determination made as provided under this chapter.
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