Ed Wolf Petroleum Marketers Assn. of Wisconsin
6. Summary of, and comparison with, existing or proposed federal regulations.
The Federal Trade Commission establishes requirements for accurate automotive fuel ratings, under Title
16 CFR Part 306, which includes criteria for octane ratings, certification, and posting. The proposed rule revisions for Comm 48 do not directly address those requirements, and there are no other existing or proposed federal regulations that address the proposed rule revisions.
7. Comparison with rules in adjacent states.
Minnesota, Iowa, Illinois, and Michigan all have requirements addressing the quality of motor vehicle fuels. An Internet-based search showed that Iowa, Illinois, and Michigan similarly apply the most recent, corresponding standards produced by ASTM International. Minnesota and Illinois were found to similarly collect samples of motor fuels, which are then tested appropriately. This search did not reveal whether any of these States similarly prohibit unauthorized mixing of motor fuels, or whether similar efforts are made to verify inventory controls.
8. Summary of factual data and analytical methodologies.
Expanding the current rules to include prohibition of virtually any unauthorized mixing of motor vehicle fuels, and the resulting ability to better verify inventory controls for these products, is based on the Department's longstanding experience with inspecting these facilities, and on support from the regulated community.
9. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report.
An economic impact report was not prepared. Consideration of the potential effects on small business was based on federal guidelines produced by the Small Business Administration's Office of Advocacy.
10. Detailed summary of proposed rules.
The draft rules include the following substantive changes – and some minor technical revisions, such as renumbering all of the sections.
Comm 48.100 (4) – The included change clarifies that the Department has authority to inspect records, for the purpose of verifying that a facility maintains adequate inventory controls for its petroleum products.
Comm 48.100 (5) – Clarifies that the Department may choose to not investigate minor accidents.
Comm 48.100 (7) (intro.) and 48.300 (10) – Incorporates usage of red tags, into the current Department procedures for stopping sales from noncompliant petroleum storage systems.
Comm 48.100 (7) (c) 6. – Specifies that unauthorized mixing of fuels or fuel grades, as prohibited under Comm 48.590 (1) and (2), is an adequate cause for shutdown of a petroleum storage system.
Comm 48.300 (1) (c) – Adds biofuels to the list of alternative automotive fuels.
Comm 48.300 (3), (5), and (7) – Creates definitions for biofuels, inspection, and motor fuel.
Comm 48.400 – Updates the previously adopted national standards to include the current versions of the standards – and newly adopts ASTM Standards D 1655, 4806, and 5798, for aviation turbine fuels, denatured ethanol fuels, and ethanol fuels, respectively.
Comm 48.500 (1) (d) – Newly requires denatured fuel ethanol and fuel ethanol to comply with ASTM D 4806 and 5798, respectively.
Comm 48.500 (2) (b) – Newly requires aviation turbine fuel to comply with ASTM D 1655.
Comm 48.580 (2) – Adds titles and text to more clearly show how a 100-degree flash point determines whether a fuel must be stored in a labeled, red container, and adds a Note explaining how the construction of these containers will be addressed in chapters Comm 10 and 14.
Comm 48.590 – Consolidates the code's currently prohibited actions into one section – and expands the prohibition against unauthorized mixing, to address all mixing, not just mixing that would allow fraudulent sales. In addition, subsection (1) specifically prohibits mixing a lower grade of petroleum product with a higher-labeled grade unless specifically approved in writing by an inspector; subsection (2) allows other blending of dissimilar octane, or dissimilar grades, if specifically approved in writing by an inspector; subsection (3) clarifies that no one may interfere with an inspector's performance of duties under this code; and subsection (4) clarifies that no one may represent a motor fuel or petroleum product in any manner which conflicts with this code or chapter 168 of the statutes – which would provide a link to the corresponding requirements for biodiesel fuel that are proposed for inclusion in chapter 168, through a draft 2005 bill currently identified as LRB-0240/1.
Comm 48.600 (1) (a) 3. – Deletes sampling and inspection of specialty motor fuels and petroleum products that will not be introduced into the wholesale or retail market stream.
Comm 48.600 (2) (d) – Replaces prescribed sampling times with reasonable sampling times that are determined at the Department's discretion.
Comm 48.600 (3) (a) (intro.) – Repeals an outdated requirement for the Department to issue an inspection certificate.
Comm 48.600 (3) (b) 1. – Clarifies that a sample container must be closed tightly, and deletes a requirement to take the sample in the presence of a disinterested person.
Comm 48.600 (3) (b) 2. a. – Recognizes that the means of conveyance for an incoming petroleum product may be other than a pipeline or tank car.
Comm 48.600 (3) (b) 3. – Allows sale of a petroleum product that has not been sampled by the Department, if a sample is taken by the recipient in accordance with the code, and the sample is held for seven business days.
Comm 48.650 (1) – Provides reimbursement for the Department, for products that are sent out for testing which cannot be performed by Departmental equipment.
Comm 48.650 (2) – Specifies fees that will be charged for inspections relating to product-performance complaints, mislabeling, accidents, or explosions.
Comm 48.650 (3) – Waives the above reimbursements and fees where the corresponding product is found to comply with Comm 48.
Comm 48.650 (5) – Prescribes continuation of a shutdown if a reimbursement or fee is not paid.
The proposed rules and an analysis of the rules are available on the Internet at the Department of Commerce Web site, through the following series of hyperlinks:
http://commerce.wi.gov/, Petroleum & Tanks, and Code Revision Drafts & Info. Paper copies may be obtained without cost from Sheldon Schall at the Department of Commerce, Bureau of Petroleum Products and Tanks, P.O. Box 7837, Madison, WI 53707-7837, or at
sschall@commerce.state.wi.us, or at telephone (608) 266-0956 or (608) 264-8777 (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 chapter 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 may affect any business which brings petroleum products into Wisconsin, or which markets petroleum products within Wisconsin.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
No new reporting, bookkeeping or other procedures would be required for compliance with the proposed rules.
3. Types of professional skills necessary for compliance with the rules.
No new professional skills would be necessary for compliance with the proposed rules.
4. Rules have a significant economic impact on small businesses.
No. Rules not submitted to Small Business Regulatory Review Board.
Fiscal Estimate
The proposed rules do not contain any significant changes in the department's fees that are charged for administering and enforcing ch.
Comm 48. Also, the proposed rules are not expected to create any additional workload costs. Therefore, the proposed rules are not expected to have any significant fiscal effect on the department.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or at
cdunn@commerce.state.wi.us.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
84.02 (4) (e) and
86.195, Stats., and interpreting s.
86.195 (6) (b), Stats., the Department of Transportation will hold a public hearing in
Room 501 (Eau Claire Conference Room) of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
3rd day of October, 2005, at
10:00 AM, to consider the amendment of ch.
Trans 200, Wisconsin Administrative Code, relating to specific information signs.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Explanation of agency authority: The Department has authority to regulate the number, size and types of specific information signs on signposts near interchanges.
Plain language analysis: The current administrative rule allows for up to two types of motorist services to be displayed on each specific information sign. There are four types of motorist services: GAS, FOOD, LODGING, and CAMPING. The proposed rule change would allow for three types of motorist services per specific information sign. The maximum number of specific information signs per interchange exit is not increased (4). The total number of business signs identifying the motorist service available remains limited to six for each specific information sign structure.
Summary of, and preliminary comparison with, existing or proposed federal regulation: The proposed change would update the administrative rule to allow greater flexibility that is consistent with the Federal
Manual on Uniform Traffic Control Devices, 2003 edition, Part 2, Chapter
2, Section 2F.02, adopted by the Federal Highway Administration pursuant to
23 USC 109(d) and
23 CFR 655.603.
Comparison with Rules in Adjacent States: Michigan: Michigan allows three categories per sign.
Minnesota: Minnesota allows three categories per sign.
Illinois: Illinois allows only two categories per sign.
Iowa: Iowa allows three categories per sign.
Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen: Review of changes in Federal Regulations.
Analysis and supporting documentation used to determine effect on small businesses: The rule change is being requested by small business. The cost impact is minimal and voluntary.
Effect on small business: The proposed rule provides additional participation opportunities for small businesses. Since businesses request that they be identified on state-installed signs, the sign application process will enforce the rule. The Department's Regulatory Review Coordinator may be contacted by e-mail at
andrew.ruiz@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal effect and anticipated costs incurred by private sector: The rule amendment will have only a minor fiscal effect for the state. Any private sector costs are permissive.
Agency contact person and place where comments are to be submitted and deadline for submission: The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Richard Moss, Department of Transportation, Division of Transportation System Development, Program Management Section, Room 501, P. O. Box 7986, Madison, WI 53707-7986. You may also contact Mr. Moss by phone at (608) 267-7830.
TEXT OF PROPOSED RULE
SECTION 1. Trans 200.06 (7) (b) 3. is amended to read:
Trans 200.06 (7) (b) 3. `Interchanges with fewer facilities.' At interchanges where not more than 3 qualified facilities are available for each of 2 or more types of motorist services, business signs for 2 types of motorist services may be displayed on the same specific information sign. Not more than 3 business signs for each type of motorist service shall be displayed in combination on a panel. The name of each type of motorist service shall be displayed above its respective business signs, and the exit number shall be displayed above the names of the types of motorist services. At unnumbered interchanges, the legend “NEXT RIGHT (LEFT)" shall be substituted for the exit number. Business signs shall not be combined on a panel when it is anticipated that additional motorist service facilities will become available in the near future. When it becomes necessary to display a fourth business sign for a type of motorist service displayed in combination, the business signs involved shall then be displayed in compliance with subds. 1. and 2. At interchanges where not more than 2 qualified facilities are available for each of 3 or more types of motorist services, business signs for 3 types of motorist services may be displayed on the same specific information sign. Not more than 2 business signs for each type of motorist service shall be displayed in combination on a panel with 3 or more types of motorist services.
