Notice of Proposed Rule
Transportation
Notice is hereby given that pursuant to the authority of 1997 Wis. Act 277, section 8m, and s. 227.11, Stats., and according to the procedure set forth in s. 227.16(2)(e), Stats., the Wisconsin Department of Transportation will adopt the following rule creating s. Trans 200.055 without public hearing unless, within 30 days after publication of this notice , on November 15, 1998, the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Questions about this rule and any petition for public hearing may be addressed to Bob Fasick, Division of Infrastructure Development, Room 501, P. O. Box 7986, Madison, Wisconsin 53707-7986, telephone (608) 266-3438.
Analysis Prepared by the Wisconsin Department of Transportation
STATUTORY AUTHORITY: 1997 Wis. Act 277, Section 8m
STATUTE INTERPRETED: s. 340.01(73m), Stats.
General Summary of Proposed Rule. 1997 Wis. Act 277, Section 8m, mandates the Department to establish by administrative rule the specifications for the locations for placement of signs indicating the beginning and ending of a utility work area for the purposes of enforcing the “double fines" law. This rule making will create s. Trans 200.055 to specify the locations for the placement of these warning signs.
Section 1 of the Act states that a “utility work area" means the entire section of roadway between the first advance warning sign of work on a utility facility ... and an `END UTILITY WORK' sign. Advance warning signs are diamond shaped (square with one diagonal vertical) having a black symbol or message on an orange background. The proper location of a warning sign depends on all of the following:
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Posted speed limit and traffic volume.
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Character of the highway (freeway, expressway, 2-lane highway, or local collector or arterial).
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Topography and layout of the road and hazard.
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Weather and light conditions.
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Available sight distance.
Distances may be shown on the sign itself; for example, “UTILITY WORK 1500 FT."
Therefore, this proposed rule states that uniform guidance for the placement of warning signs is contained in the Wisconsin Manual on Uniform Traffic Control Devices (MUTCD), as required by s. 84.02(4)(e), Stats. These advance warning and end utility signs shall be placed in accordance with the Wisconsin MUTCD. The Department has also developed specific work zone traffic control diagrams in its Utility Accommodation Policy that are derived from the Wisconsin MUTCD. Local highway agencies may also have specific work zone traffic control diagrams derived from the Wisconsin MUTCD for use on their own highways.
Fiscal Effect
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college system district or sewerage district. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Rule
Copies of this proposed rule can be obtained upon request, free of charge, by writing to Bob Fasick, Wisconsin Department of Transportation, Division of Transportation Infrastructure Development, P. O. Box 7986, Room 501, Madison, WI 53707-7986, or by calling (608) 266-3438.
Text of Proposed Rule
Under the authority vested in the state of Wisconsin, department of transportation, by 1997 Wis. Act 277, section 8m, the department of transportation hereby proposes to amend a rule interpreting s. 340.01(73m), Stats., relating to the location for placement of utility work signs.
SECTION 1. Trans 200.01 is amended to read:
TRANS 200.01 Purpose. The purpose of this chapter is to interpret and implement ss. 86.19, 86.191, 86.195, 86.196, 340.01(73m), 346.41, and 346.503, Stats., relating to erection and maintenance of signs on public highways and signs related to reserved parking spaces for handicapped persons. This chapter does not apply to signs erected and maintained on property beyond the limits of a public highway, except signs related to reserved parking spaces for handicapped persons.
SECTION 2. Trans 200.055 is created to read:
TRANS 200.055 Warning signs for utility work areas. The first advance warning sign and the "END UTILITY WORK" sign shall be placed in accordance with the Wisconsin manual on uniform traffic control devices, the department's utility accommodation policy, or any other work zone traffic control guidance that has been accepted for regular use by the department with respect to the state trunk highway system, or a county, town, or municipality with respect to highways under their jurisdiction.
NOTE: Authority for the Manual on Uniform Traffic Control Devices is found at s. 84.02(4)(e), Stats. Section 227.01(13)(d), Stats., also states that the Department is exempt from rulemaking with regard to use of highways that is made known to the public by means of signs or signals. A copy of the Department's Utility Accommodation Policy may be obtained, without cost, by writing to the Division of Transportation Infrastructure Development, Bureau of Highway Operations, P. O. Box 7986, Room 501, Madison, WI 53707-7986.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Chs. Comm 51, 52, 54, 56, 58 and 64 - Relating to an update of adopted NFPA Standards in the Building Code.
Chs. Comm 5, 50 and 65 and ss. Comm 2.32, 66.60 and 70.04 - Relating to construction site erosion control.
Financial Institutions--Savings Institutions
(CR 98-137):
SS. DFI-SB 1.03 and 15.01 and DFI-SL 1.03 and 15.01 - Relating to codifying a policy authorizing savings banks and savings and loan associations to invest in limited liability companies.
Ch. HFS 127 - Relating to the operation of rural medical centers.
Ch. HFS 119 - Relating to the Health Insurance Risk-Sharing Plan (HIRSP).
SS. HFS 124.02 and 124.37 to 124.41 - Relating to critical access hospitals.
Hearing and Speech Examining Board
(CR 98-115):
SS. HAS 1.01, 2.01 and 3.02 and chs. HAS 6, 7 and 8 - Relating to continuing education, renewal, temporary practices, practical examinations, fitting of hearing instruments, use of titles, initials and designations and unlicensed practice.
SS. Ins 3.27, 3.39 and 3.46 - Relating to revising the requirements for Medicare supplement policies to comply with recent federal and state laws and revising the definition of advertising for health insurance.
Subch. VII of ch. NR 47 - Relating to the administration of the private forest landowner grant program.
Ch. NR 749 - Relating to the assessment and collection of fees providing assistance on the remediation and redevelopment of contaminated lands.
S. NR 20.08 (10) - Relating to fishing tournament permitting.
Ch. PI 35 - Relating to the Milwaukee parental school choice program.
Ch. PI 38 - Relating to grants for peer review and mentoring.
Ch. RL 8 and Appendix I of ch. RL 8 - Relating to issuance and use of administrative warnings.
Chs. RL 90 to 94 - Relating to the practice of massage therapy and bodywork.
Chs. RL 80, 81 and 83 to 87 - Relating to real estate appraisers.
S. Tax 11.56 - Relating to the printing industry.
Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board
(CR 98-53):
S. SFC 1.02 (intro.) and ch. SFC 8 - Relating to continuing education requirements for renewal of social worker certificates.
Ch. Trans 197 - Relating to charges for submission of proof of insurance.
S. Trans 231.01 (9) and ch. Trans 233 - Relating to division of land abutting a state trunk highway or connecting highway.
Ch. Trans 210 - Relating to the major highway project numerical evaluation process.
Ch. Trans 57 - Relating to standards for airport siting.
Ch. Trans 400 - Relating to the Wisconsin Environmental Policy Act.
Ch. Trans 309 - Relating to ambulance inspection.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
Agriculture, Trade and Consumer Protection
(CR 98-1):
