Copy of rule and submission of written comments
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order Number AM-03-06.) Written comments on the proposed rule may also be submitted to Ms. Marney Hoefer, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to
Margaret.Hoefer@dnr.state.wi.us no later than October 23, 2006. Written comments will have the same weight and effect as oral statements presented at the public hearings. If you do not have Internet access, a personal copy of proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale by calling (608) 266-2856 or by writing him at Bureau of Air Management, P.O. Box 7921, Madison, WI 53707.
Notice of Hearing
Natural Resources
Environmental Protection-Hazardous Waste Management, Chs.
NR 600—
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
227.14 (1m),
291.05 (5) (a),
(6) (b) and
(7) and
291.07 (2), Stats., interpreting ss.
227.14 (1m) (b),
291.21 (6),
291.23 (2) and
291.25 (3), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs.
NR 660,
661,
662,
663,
664 and
665, Wis. Adm. Code, relating to manifest documents used in conjunction with the transportation of hazardous waste.
Analysis prepared by Department of Natural Resources
The proposed rule (WA-30-06) incorporates relevant portions of US EPA's changes to the hazardous waste manifest system, adopted at 70 FR 10776 (March 4, 2005) and correcting amendments adopted at 70 FR 35034 (June 16, 2005), and found at
40 CFR§ 260, et seq., which take effect nationwide September 5, 2006.
The proposed rule eliminates all Wisconsin-specific manifest requirements, including the use of the Wisconsin manifest form for waste shipped into or within the state, or to another state that did not supply manifest forms. Instead, the proposed rule requires the use of national uniform manifest forms with a standardized set of instructions and requirements that apply in all states. Manifest users will obtain manifests from US EPA-certified printers, rather than obtaining them from the department. The department will continue to require copies of final signed manifests to be sent to the department for shipments received by Wisconsin treatment and storage facilities, and from generators for shipments of waste sent out of state for treatment or disposal.
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 small business that generates, transports, recycles, treats, stores or disposes of hazardous waste.
b. Description of reporting and bookkeeping procedures required: No additional reporting or bookkeeping procedures will be required to comply with the state rules.
c. Description of professional skills required: No new or special professional skills or experience will be required to comply with the state rules.
The Department's Small Business Regulatory Coordinator may be contacted at
Small.Business@wi.gov 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 pursuant to ss.
227.11(2)(a),
227.14(1m),
227.24(1)(a),
291.05(5)(a),
(6)(b) and
(7) and
291.07(2), Stats., interpreting ss.
227.14(1m)(b),
291.21(6),
291.23(2) and
291.25(3), Stats., the Department of Natural Resources will hold a concurrent public hearing on Natural Resources Board Emergency Order No. WA-31-06(E) relating to the manifest documents used in conjunction with the transportation of hazardous waste. This emergency order is identical to the proposed rule. It was adopted by the Wisconsin Natural Resources Board on August 17, 2006 and will be effective on September 5, 2006.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held at:
11:00 AM Tuesday, September 26, 2006 in
Room 511, GEF II Building
Department of Natural Resources
101 S. Webster Street
Madison, Wisconsin
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 Patricia Chabot at (608) 264-6015 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Effect
Hazardous waste generators, transporters, and treatment, storage and disposal facilities have been required by law to use hazardous waste manifests for more than 20 years. The manifests provide a complete paper trail of a waste's progress from a generator through treatment or storage to final disposal. Although this is a federally mandated requirement, states have had the option to provide and require the use of state-specific manifest forms, which Wisconsin has done. The Department annually spent around $7,000 from the Federal Hazardous Waste Grant to print and provide manifest copies to its customers.
EPA has made changes to the federal hazardous waste manifest system which include mandatory use of a new federal manifest form. State-specific forms can no longer be used after the federal requirements take effect in September 2006, and the federal forms must be obtained from a select number of EPA-certified printers.
The proposed rules eliminate all Wisconsin-specific manifest requirements, including the use of the Wisconsin manifest form for waste shipped into or within the state, or to another state that did not supply manifest forms. Instead, the revised rules propose to require the use of national uniform manifest forms with a standardized set of instructions and requirements that apply in all states. The EPA regulations require certification from EPA in order to print and distribute the national uniform manifest forms. Manifest users will obtain manifests from EPA-certified printers, rather than obtaining them from the department.
The department will continue to require copies of final signed manifests to be sent to the department for shipments received by Wisconsin treatment and storage facilities, and from generators for shipments of waste sent out of state for treatment disposal.
Copy of rule and submission of written comments
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 Patricia Chabot, Bureau of Waste & Materials Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted no later than October 2, 2006. 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 from Patricia Chabot.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1),
227.11 (2),
342.16 (1) (am), Stats., and interpreting ss.
218.0116 (1) (gr),
218.0146 (4),
342.16 (1) (a) and
(am), Stats., the Department of Transportation will hold a public hearing in
Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
12th day of
October, 2006, at
10:00 AM, to consider the amendment of ch.
Trans 156 and the creation of ch.
Trans 141, Wis. Adm. Code, relating to requiring motor vehicle dealers to issue vehicle titles and registrations electronically, unless exempted by the Department.
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.
Analysis Prepared by the Wisconsin Department of Transportation
Agency authority: The Department licenses motor vehicle dealers pursuant to ch.
218, Stats., and issues motor vehicle certificates of title and registration pursuant to chs.
341 and
342, Stats.
Plain language analysis: This proposed rule implements provisions enacted in
2005 Wis. Act 25 that require motor vehicle dealers licensed in Wisconsin to process applications for certificate of title for any vehicles the dealer sells. This proposed rule also specifies what categories of dealers are not required to process title and registration applications, and under what circumstances a dealer will be exempted from processing some of the dealer's transactions. The rule establishes penalties that DOT may impose on a non-exempt dealer, by law, required to process title and registration applications who fails to do so. The rule establishes a fee that a dealer will be charged by DOT for DOT to process the dealer's transactions, including not only those dealers or types of transactions that are exempted by DOT, but also a penalty for dealers who fail to comply with the law. The rule clarifies under what circumstances DOT may deny a dealer the authority to process title and registration applications, and the penalties that DOT may apply, including sanctions to the dealer's license.
Comparison with federal regulation
No federal regulations apply to the activities to be regulated by this rule.
Comparison with rules in adjacent States
Michigan: Michigan law does not require motor vehicle dealers to process titles and registrations. Michigan does have a voluntary program called Dealer Direct, which allows dealers to contract with a vendor to process titles and registrations for dealers.
Minnesota: Minnesota law does not require motor vehicle dealers to process titles and registrations. Minnesota currently allows dealers to use a vendor to process titles and registrations for dealers, but the applications must be submitted to DMV through Deputy Registrars Offices rather than electronically.
Illinois: Illinois law does not require motor vehicle dealers to process titles and registrations. Illinois is currently beginning a voluntary program to allow dealers to use a vendor to process titles and registrations.
Iowa: Iowa currently has no law that requires motor vehicle dealers to electronically process titles and registrations. Iowa is currently considering a program for electronic processing by dealers.
Summary of factual data and analytical methodologies
DOT utilized dealer sales volume and dealer sanction data to determine which dealers should be exempt from requirement to process title and registration applications. DOT considered DOT's data processing system requirements and scheduled programming to determine which transactions are exempt. DOT utilized its experience with dealer license requirements and contract requirements in the voluntary APPS program to determine what financial and contractual requirements apply to dealers.
Analysis and supporting documentation used to determine effect on small business
DOT analyzed dealer sales volume data to determine the exemption threshold. DOT analyzed its experience with dealer participants in the voluntary APPS program to determine financial, contractual, and reporting requirements for dealers under this law.
Effect on small business
This proposed rule implements a law that applies to all licensed motor vehicle dealers, some of which are small businesses. Effect on small business is that which results from the law. All licensed motor vehicle dealers are required to process title and registration applications, unless exempted by DOT. This rule exempts small dealers, which sell fewer than 4 vehicles a month or 48 vehicles per year, as DOT finds that these dealers likely do not have the computer hardware capability to engage in electronic processing. DOT has successfully operated a voluntary APPS program, in which small businesses (dealerships) participate in significant numbers. DOT has largely replicated that level of requirement in this mandatory program, as DOT has found this level is not onerous for small businesses. 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 Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Contact person and Submission of comments
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 Carson Frazier, Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 255, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
348.07, Stats., as amended by
2005 Wis. Act 363, interpreting s.
348.07, Stats., as amended by
2005 Wis. Act 363, the Department of Transportation will hold a public hearing on the
4th day of
October, 2006, at the Hill Farms State Transportation Building,
Room 501 (Eau Claire Room), 4802 Sheboygan Avenue, Madison, WI, at
9:00 AM, to consider the emergency rule amendment of ch.
Trans 276, Wis. Adm. Code, relating to allowing the operation of certain 2-vehicle combinations on certain highways without a permit.
Parking for persons with disabilities and an accessible entrance are available.
Copy of emergency rule
A copy of the emergency rule may be obtained upon request from Ashwani Sharma, Department of Transportation, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, WI 53707-7986. You may also contact Mr. Sharma by phone at (608) 266-1273.
To view the emergency rule via e-mail/internet, you may visit the following website:
Analysis prepared by the Department of Transportation
Explanation of agency authority: Section
7 of
2005 Wis. Act 363 requires the Department to propose emergency and permanent rules for purposes of implementing that Act.
Related statute or rule: s.
348.07, Stats., and ch.
Trans 276, Wis. Admin. Code
Plain language analysis: Section
348.07 (1), Stats., historically has limited vehicle lengths on Wisconsin highways to 65 feet. Section
348.07 (2), Stats., allowed vehicles meeting the specifications of that subsection to operate without permits despite exceeding the 65-foot limit of subsection (1).
2005 Wis. Act 363 amended s.
348.07, Stats., and essentially made 75 feet the default permitted length on the state trunk highway system. Wisconsin's old default 65-foot overall length limit still applies on all local roads but only applies to state trunk highways that are designated as 65-foot restricted routes by the Department. This emergency rule making establishes a preliminary list of such “65-foot restricted routes."
Prior to Act 363, s.
348.07 (4), Stats., permitted the Department to designate “long truck routes" upon which no overall length limits apply. The Department designates the state's long truck routes in s.
Trans 276.07. This rule making does not affect those longstanding designations.
The new “default" 75-foot overall length limit applies on state highways that are neither designated as 65-foot restricted routes under this rule making nor long truck routes under s.
Trans 276.07.
Definitions have been added to the rule to make it easier to identify the nature of designations made by the Department in Ch.
Trans 276.
In drafting this rule the Department noticed several items that it believes may be of special interest to the legislature and which, in the Department's view, deserve special legislative attention. First, Act 363 did not grant any authority for 75-foot vehicles using the new 75-foot routes to leave those routes to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly facilities or points of loading or unloading. The Department does not believe this oversight was intentional and, on an emergency basis, has designated the intersection of each 75-foot route and any other highway as a long truck route under its authority in s.
348.07(4), Stats. This will permit trucks to exceed the 65-foot default length limit on local roads to access such facilities and make deliveries. The Department encourages the legislature to consider statutorily establishing access rights for vehicles using 75-foot restricted routes.
The second consequence of Act 363 the Department has discovered in drafting this emergency rule is that one statute that formerly restricted double-bottom tractor-trailer combinations to the state's long-truck network was repealed by the deletion of the reference to s. 348.07(2)(gm), Stats., by the Act's amendment of s.
348.07(4), Stats. Under the amended statute, as revised by Act 363, it might appear to a reader that double bottom trucks of unlimited length may operate upon any highway in the state, including local roads and streets, without permits. Section
348.08(1)(e), Stats., however, continues to provide that double-bottom trucks be restricted to highways designated by the department under s.
348.07(4). WisDOT believes this provision continues to limit double-bottom operation to long truck routes designated by the Department under s.
348.07(4), Stats. WisDOT would suggest the deleted reference to (2)(gm) in 348.07(4), Stats., be re-inserted into the statute to avoid confusion.
Finally, the Department notes that s.
348.07, Stats., is becoming difficult to decipher from a legal standpoint because of the many amendments that have been made to it over the years. It may be that recodifying the statute for the purpose of clarification of the length limitations of Wisconsin law would be helpful to truck and long vehicle operators in this state.
Comparison with federal regulation
Federal regulations are intended to identify a National Network of highways available to vehicles authorized by provisions of the Surface Transportation Act of 1982 as amended, and to prescribe national policies that govern truck and bus size and weight. The objective of those federal regulations, found in Part 658 of 23 CFR Chapter I, is to provide a safe and efficient network of highways that can safely and efficiently accommodate the large vehicles authorized in federal law. The network includes the Interstate system and other qualifying primary highways. The federal regulation seeks to assure there is reasonable access to the National Network for commercial motor vehicles and to preserve the national network in order to accommodate large vehicles.
States are required to allow the following vehicles on the national network subject to the criteria listed:
(1) A semitrailer operating in a truck tractor-semitrailer combination may not be subject to a length limitation of less than 48 feet.
23 CFR 658.13(b)(1).
(2) Any semitrailer or trailer operating in a truck tractor-semitrailer- trailer combination may not be subject to a length limitation of less than 28 feet.
23 CFR 658.13(b)(2).
(3) Commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations may not be subjected to an overall length limitation.
23 CFR 658.13(b)(3).
(4) Commercial motor vehicles operating in truck tractor-semitrailer-trailer combinations (“double-bottoms") may not be prohibited.
23 CFR 658.13(b)(4).
(5) Some vehicles types that were in use in 1982, and various specialized vehicles must be permitted to operate on the national network.
23 CFR 658.13.
This emergency rule making is consistent with federal regulation in that the objective is to provide a safe and efficient system for accommodating large vehicles that integrates with the national network. The rule making is intended to provide reasonable access while applying size limits to other highways as needed to preserve safety and efficiency in system operations. None of the changes made by
2005 Wis. Act 363 nor this rule making are in conflict with the federal length limitations.
Comparison with rules in adjacent states
Michigan: Allows 53 ft. semi-trailers on designated highways only approved by the state transportation department or a local authority. Maximum length from kingpin to axle is 37.5 ft. to 40.5 ft. There is no restriction on maximum overall tractor-semitrailer length. Allows 5-mile access provision on state highways for food, fuel, repairs or rest.
