Rule-Making Notices (Hearing Notices)

NOTICE IS HEREBY GIVEN that pursuant to sections 86.195 and 227.11 Stats., interpreting section 86.195, Stats., the Department of Transportation will hold a public hearing on an amendment to Chapter Trans 200, Wis. Admin. Code, relating to the erection of signs on public highways.

Hearing Information

Date:   Wednesday, November 28, 2012

Time:   1:00 p.m.

Location:   Hill Farms Transportation Building
  Room 144B
  4802 Sheboygan Avenue
  Madison, WI 53705

Accessibility

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 John Noll at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Submitting Comments on the Rule

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. John Noll, SIS/TODS Program Coordinator, Bureau of Traffic Operations, Traffic Engineering Section, Traffic Design Unit, Room 501, P.O. Box 7986, Madison, WI 53707-7986, or by calling [phone]. You may also contact Mr. Noll via email at: [e-mail]. Comments may be submitted in lieu of public hearing testimony or comments supplementing testimony offered at the public hearing until close of business on November 28, 2012.

Analysis Prepared by the Wisconsin Department of Transportation

Statutory authority

Sections 86.195 and 227.11 (2) (a), Stats.

Statutes interpreted

Sections 86.195 and 227.11 (2) (a), Stats.

Explanation of agency authority

Section 227.11 (2) (a), Stats., expressly confers rulemaking authority on the department to promulgate rules interpreting any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute. The department of transportation may authorize the erection and maintenance of a specific information sign upon the request of any person within the right-of-way of a federal-aid primary highway or within the right-of-way of a federal-aid secondary highway under the jurisdiction of the department in accordance with s. 86.195, Stats.

Plain language rule analysis

This proposed rule-making would re-word s. Trans 200.06 (7) (b) 3. a., relating to the number of business logo panels allowed on specific information signs at interchanges when fewer than 6 qualified facilities are available in one or more of the categories of GAS, FOOD, LODGING, CAMPING and ATTRACTIONS. Business logo panels for 2 categories of motorist services may be displayed on the same information sign with certain limitations. Amending this rule increases flexibility, allowing more businesses to participate while making optimal use of existing structures.

Related statute or rule

There are no statutes or rules other than those referenced above or currently under promulgation related to this proposed rulemaking.

Comparison with similar rules in adjacent states

Michigan: The categories allowed in Michigan are Gas/Diesel, Food, Lodging Camping and 24-hour Pharmacies. When displaying logo panels for multiple categories, Michigan complies with the 2009 Federal Manual on Uniform Traffic Control Devices (MUTCD): When 2 types of services are displayed on one sign, the logo sign panels shall be limited to either 3 for each motorist service type (for a total of 6 sign panels), or 4 of one motorist service type and 2 of the other motorist service type (for a total of 6 sign panels).

Minnesota: Logo signs can be installed on Interstate highways and certain freeways in the Minneapolis/Saint Paul area. Other highways are ineligible. The signs are located at interchanges, not intersections.

GAS, FOOD, LODGING and CAMPING businesses may advertise on logo signs. These businesses provide essential motorist services, according to the Federal Highway Administration (FHA).

When displaying logo panels on Interstate highways and certain freeways, Minnesota's logo program complies with the 2009 Federal MUTCD, which allows 4 of one motorist service type and 2 of the other motorist service type (for a total of 6 sign panels).

Illinois: The Illinois Department of Transportation (IDOT) administers a Business Logo Signing Program along various Interstate highways and other freeways. This program involves mounting gas, food, lodging, camping business, and 24-hour pharmacy signs, referred to as logos, on large blue-background panels in advance of interchange exits and along exit ramps to alert motorists to available motorist services.

The program includes all sections of Interstate highways and other freeways except those passing through densely populated urbanized areas where logo signing would overload motorists with information that is not essential to their safe travel. It does not apply to highways under the jurisdiction of the Illinois State Toll Highway Authority.

Logo panels may be displayed to allow 3 business categories with 2 business logo panels from each category (for a total of 6 sign panels) on a single business sign structure. When 2 business categories are displayed on a single sign structure, 3 logo panels from each of the 2 business categories may be displayed, or 4 logo panels from 1 business category and 2 logo panels from another business category (for a total of 6 sign panels).

TOURIST ATTRACTION signs may be combined with business logo signs (Gas, Food, Camping and 24-Hour Pharmacy) on the same structure, with no more than 6 business logo panels displayed on any one structure. Tourist Attraction panels will not be combined with existing business service signs displaying more than 3 business logo panels. When tourist attraction signs are combined with business logo signs, one space will remain available for each business logo service type displayed on the structure.

This combination is different from what is suggested in the 2009 Federal MUTCD.

Iowa: Iowa DOT requirements for mainline specific service signs erected in advance of an interchange, in a single direction of travel, and limitations regarding the numbers and types of business signs attached to these motorist service signs are as follows: Each mainline specific service sign is limited to 6 business logo panels. This restriction applies regardless of whether the specific service sign displays a single type of motorist service or a combination of motorist service types.

In general, only one type of motorist service should be displayed on each mainline specific service sign. However, the department may combine motorist service types on one sign for a reason such as, but not limited to, the following:

(1) Each combination sign is limited to 6 business logo panels.

(2) No more than 3 motorist service types shall be represented on any combination sign.

(3) For a combination sign displaying 3 types of motorist services, the number of business logo panels for each motorist service type is limited to 2.

(4) For a combination sign that will accommodate at least 4 business logo panels, each type of motorist service displayed on the sign must have at least 2 positions designated for that service type. This complies with the 2009 Federal MUTCD.

Summary of, and preliminary comparison with, existing or proposed federal regulation

This rule change is consistent with the 2009 Federal MUTCD adopted by WisDOT. By allowing more flexibility, more businesses could participate in the Specific Information Sign (SIS) program.

Summary of factual data and analytical methodologies

The proposed rule change complies with the Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD). When 2 types of motorist services are displayed on one sign, the logo sign panels shall be limited to either 3 for each motorist service type (for a total of 6 sign panels), or 4 of one motorist service type and 2 for the other motorist service type (for a total of 6 sign panels). No factual data was required for the rule-making in this proposal, as the changes were made for consistency with the Federal MUTCD previously adopted by WisDOT. For that reason, no analysis was involved in the preparation of this proposed rule.

Anticipated Private Sector Costs

This amendment and the legislation which grants the department rule making authority does not have a significant fiscal effect on the private sector. Additionally, no costs are associated with compliance with this rule.

Initial Regulatory Flexibility Analysis

The proposed rule change does not have a significant economic impact on small business. The amendment to this rule will have a minor impact on small businesses that fall under the categories of GAS, FOOD, LODGING, CAMPING and ATTRACTIONS, and that participate in the Specific Information Signing (SIS) program. The additional business panel space that this rule will create by permitting two business panels of one category and four business panels of another category (rather than the three categories currently allowed), will give motorists more information about businesses to choose from at these exits.

The degree of economic impact experienced by participating businesses cannot be predicted using data due to the subjective nature of the rule amendment. Giving motorists more choices does not guarantee a positive or negative economic impact for the affected businesses. However, small businesses will likely become more competitive by the addition of more small business advertising. There is no reporting, bookkeeping, or other procedures required for compliance with the rule, nor are any special professional skills necessary for compliance with the rule. The number of exits or interchanges affected by this rule change statewide is minimal; therefore, the overall economic impact would be insignificant.

Analysis and supporting documentation used to determine effect on small business

By allowing a split of categories, with up to 4 business logo panels for one motorist service type and 2 business logo panels of another motorist service type, more businesses could simultaneously take advantage of using motorist service business logo panels. Subsequently, this would reduce the number of businesses on the waiting list for motorist services business logo panels at those particular interchanges or intersections. If more businesses are able to take advantage of the SIS program, the department anticipates this regulatory change will have a minor fiscal effect on small business.

Pursuant to s. IV, 3. a. of Executive Order #50, the changes proposed herein are posted on the state's and the department's administrative rules website and will be posted until close of business on the day of the public hearing to solicit comments regarding their potential economic impact on businesses, business sectors, professional associations, local government units, or potentially interested parties.

Small Business

Pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have a significant economic impact on small business. The Department's Small Business Regulatory Coordinator, Michele Carter, may be contacted at: [phone] or [phone], or by emailing her at: [e-mail].

Agency Contact Person

John Noll, SIS/TODS Program Coordinator, Bureau of Traffic Operations, Traffic Engineering Section, Traffic Design Unit, 4802 Sheboygan Avenue, Room 501, P.O. Box 7986, Madison, WI 53707-7986; [phone]; [e-mail].

To view the proposed amendment to the rule, view the current rule, and submit written comments via email/internet, you may visit the following website:

http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.

Environmental Impact

The department has made a preliminary determination that this action does not involve adverse environmental effects and does not need an environmental analysis. No petition has been received requesting an environmental analysis.

Text of Proposed Rule

SECTION 1. Specific Information and Business Signs. Trans 200.06 (7) (b) 3. a. is amended to read: 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 may be displayed in combination on a specific information sign with 2 types of motorist services 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. When 2 types of motorist services are displayed on one sign, the business sign panels shall be limited to 3 for each motorist service type, or 4 for one motorist service type and 2 for the other motorist service type. Not more than 6 business sign panels may be displayed on one specific information sign.

SECTION 11. Effective Date. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original     Updated     Corrected
2. Administrative Rule Chapter, Title and Number
Chapter Trans 200 / Specific Information and Business Signs / Section Trans 200.06 (7) (b) 3.
3. Subject
Administrative rule language change.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
GPR   FED   PRO   PRS   X SEG   SEG-S			20.395 (3) (eq)
6. Fiscal Effect of Implementing the Rule
No Fiscal Effect Indeterminate	X Increase Existing Revenues Decrease Existing Revenues		Increase Costs Could Absorb Within Agency's Budget Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
X State's Economy Local Government Units		Specific Businesses/Sectors Public Utility Rate Payers X Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? Yes     X No
9. Policy Problem Addressed by the Rule
The current rule language allows two (2) categories of motorist services on the same sign, with a maximum of three (3) business panels for each motorist service category, not to exceed a total of six (6) business panels. The new rule language would allow a combination of two (2) categories of motorist services on the same sign, with a maximum of four (4) business panels from one motorist service category and two (2) business panels from a second motorist service category, not to exceed a total of six (6) business panels.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Motorist services businesses, such as GAS, FOOD, LODGING, CAMPING and ATTRACTIONS that may participate in the Specific Information Signs (SIS) program may be affected by the proposed rule.
11. Identify the local governmental units that participated in the development of this EIA.
WisDOT
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The businesses that this rule language change will affect may increase the number of motorists that take advantage of the services they provide, resulting in a positive economic impact. Statewide economic and fiscal impacts are expected to be minimal, due to the small number of business entities that would likely be affected.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
At certain interchanges throughout the state, more businesses that fall under the categories of GAS, FOOD, LODGING, CAMPING and ATTRACTIONS could be listed on Specific Information Signs (SIS), thereby reducing the number of businesses on the “Waiting List" at those intersections.
14. Long Range Implications of Implementing the Rule
A long-range implication of changing the rule language is the generation of more revenue from the collection of additional permit fees payable to WisDOT.
15. Compare With Approaches Being Used by Federal Government
The Manual on Uniform Traffic Control Devices (MUTCD) 2009 edition adopted by Wisconsin allows the combination described in #9 above.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Iowa, Michigan and Minnesota comply with the 2009 MUTCD by allowing three (3) business logo panels for two (2) motorist service types (for a total of six (6) business logo panels), or four (4) of one motorist service type and two (2) of the other motorist service type (for a total of six (6) panels), which conforms to the intended rule language change in Wisconsin. In Illinois, the approach is different when the “ATTRACTION" category is included on a sign with multiple categories. When the “ATTRACTION" category is included on a sign with multiple categories, one logo panel space must always be available to add another business logo panel from one of the other motorist service types, which include: GAS, FOOD, LODGING, CAMPING or 24-HOUR PHARMACY. This approach differs from the rule language changes Wisconsin wishes to enact.

17. Contact Name				18. Contact Phone Number
John Noll				608-266-0318

This document can be made available in alternate formats to individuals with disabilities upon request.

ATTACHMENT A

1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)

The businesses that this rule language change will affect may increase the number of motorists that take advantage of the services they provide, resulting in a positive economic impact. Statewide economic and fiscal impacts are expected to be minimal, due to the small number of business entities that would likely be affected.

2. Summary of the data sources used to measure the Rule's impact on Small Businesses

By counting the number of interchanges statewide where this rule change could be implemented, and assuming the business is open a minimum of 16 hours per day, multiplied by the number of days in a year, multiplied by 1 customer per additional hour per day spending a minimum $10 for each visit, this rule language change could increase motorist service business sales more than $11 million per year.

3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?

Less Stringent Compliance or Reporting Requirements Less Stringent Schedules or Deadlines for Compliance or Reporting Consolidation or Simplification of Reporting Requirements Establishment of performance standards in lieu of Design or Operational Standards Exemption of Small Businesses from some or all requirements Other, describe: N/A

4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses

The impact will be positive on all businesses, so small businesses will be fully eligible to participate.

5. Describe the Rule's Enforcement Provisions

There are no rule enforcement provisions aside from eligibility.

6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)

Yes X No