1. A rule was adopted amending s. Trans 4.06 (4), relating to the Urban Mass transit Operating Assistance Program.
FINDING OF EMERGENCY
Under the current administrative rule, ch. Trans 4, recipients of state transit aid must contribute a minimum local share of 20% towards such aid. Under current practice, private transportation providers who contract with the recipient have been permitted to contribute the local share. Public policy considerations require amendment of the rule to make certain that only the recipient is permitted to contribute the local share of transit aid.
The Wisconsin Department of Transportation finds that an emergency exists regarding the public welfare. Without the emergency rule, there would be insufficient lead time for recipients to respond to the rule's impact on their budgets. Also, additional lead time may be required for recipients to re-bid contracts with private transportation providers, if necessary.
Publication Date:
September 28, 1995
Effective Date:
September 28, 1995
Expiration Date:
February 25, 1996
Hearing Date:
November 3, 1995
2. Rules were adopted revising ch. Trans 131, relating to the Motor Vehicle Inspection and Maintenance Program.
FINDING OF EMERGENCY
The Department of Transportation finds that an emergency exists and a rule is necessary for the immediate preservation of the public health, safety and welfare. A statement of the facts constituting the emergency is that Southeastern Wisconsin is currently unable to meet federal air quality standards. Southeastern Wisconsin is one of nine regions in the United States designated as areas with “severe” air pollution problems. This air quality problem results in all area residents breathing air that is not healthy.
Since motor vehicles are the largest contributor to the area's air quality problem, the Wisconsin Department of Transportation finds that an emergency exists regarding the public health. The enhanced I/M program resulting from the proposed rule is a necessary part of the state's plan to achieve the volatile organic compound (VOC) emission reductions required by the Clean Air Act. The program will account for over one-third of the VOC reductions required by Wisconsin's 15% VOC Reduction Plan. By implementing the changes proposed in the rule, the air quality in Southeastern Wisconsin area can be improved. If such improvement does not occur, other more costly controls on small business and industry would be required. By taking action at this time, the major and most cost effective measure is utilized to meet Wisconsin's clean air goal.
Publication Date:
December 4, 1995
Effective Date:
December 4, 1995
Expiration Date:
May 3, 1996
Hearing Date:
January 11, 1996
[See Notice this Register]
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.
S. HSS 110.045 - Relating to qualifications of medical directors of ambulance services that provide services beyond basic life support.
S. HSS 157.035 - Relating to fees for registration of ionizing radiation installations.
S. NR 165.06 (2) (b), (6) and (7) (a) - Relating to the interest rate subsidy for the small loan program.
S. NR 212.40 - Relating to water quality-based allocations of pollutant discharges to waters of the state.
SS. PD 6.01, 6.02, 6.03, 6.04 and 6.05 - Relating to the repayment of the cost of legal representation.
S. PD 3.039 - Relating to the redetermination of indigency during the course of representation.
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.
An order repealing ch. HSS 177 and creating ch. Adm 65, relating to mobile home parks.
Effective 02-01-96.
An order amending s. DE 12.01 (3), relating to the ability of a dentist to delegate remediable portions of an oral prophylaxis to an unlicensed person.
Effective 02-01-96.
SS. WGC 9.11, 9.12, 9.14, 9.17 & 14.11 and ch. WGC 24, relating to: twin trifecta, superfecta and tri-superfecta pools, deduction approvals, animal drug testing, and intertrack and simulcast wagering.
Effective 02-01-96.
An order affecting ch. NR 149 and ss. NR 219.04, 219.05, 219.06 & 700.13, relating to: laboratory certification and registration, sample preservation procedures, analytical methodology, and laboratory procedures.
Effective 03-01-96.
An order affecting ss. PD 3.02, 3.03, 3.038, 3.055 and 3.06, relating to indigency evaluation and verification.
Effective 02-01-96.
An order creating ch. PSC 132, relating to compensation and conditions for the placement of utility facilities within railroad right-of-way.
Effective 02-01-96.
An order creating ch. Trans 278, relating to proposed legislation establishing vehicle weight limit exceptions.
Effective 02-01-96.
An order amending ss. Trans 276.07 (5m) and 276.09 (3), relating to allowing the operation of “double bottoms” (and certain other vehicles) on certain specified highways.
Effective 02-01-96.
Final Regulatory Flexibility Analyses
1.
Agriculture, Trade & Consumer Protection
(CR 95-057)
Ch. ATCP 92 - Weighing and measuring devices.
Summary of Final Regulatory Flexibility Analysis:
Certification of Weighing and Measuring Devices
Under this rule, all new commercial weighing and measuring devices sold and installed in Wisconsin after December 31, 1996 must be certified by the National Institute of Standards and Technology (NIST) for compliance with NIST Handbook 44. NIST certification is not required for every individual device, but merely for prototype or model devices. Certification covers individual devices which of the type or model certified, provided that the individual devices are not significantly altered.
This certification requirement will not have a significant impact on small businesses, but will help assure that commercial weighing and measuring devices are accurate. The national certification process will relieve manufacturers of weighing and measuring devices from having to obtain separate certification in each state. Certification will not significantly affect the cost of weighing and measuring devices.
Vehicle Scales; Rule Amendments
Current rules spell out construction standards for vehicle scales in order to ensure the adequacy and structural integrity of those scales. This rule amends some of the current construction standards. Among other things, this rule permits the use of durable materials other than concrete in the construction of approaches to vehicle scales. (The current rules require concrete approaches.)
This rule exempts temporary and portable scales from some of the construction and installation standards that currently apply to permanent vehicle scales. However, temporary or portable scales must still be licensed and inspected annually under ss. 98.16 and 98.25, Stats. They must also comply with applicable standards specified in this rule and NIST Handbook 44.
This rule will have no adverse impact on small business, but will make it easier for small business to comply with rules on vehicle scales. This rule imposes no new costs on small businesses, and may reduce costs in some cases. This rule creates no new reporting or record keeping requirements for small business.
Summary of Comments from Legislative Committees:
The rule was referred to the Senate Committee on Transportation, Agriculture, Local and Rural Affairs on August 10, 1995 and to the Assembly Committee on Consumer Affairs on August 9, 1995. The department received no comments or request for hearing from either committee.
2.
Employment Relations-Merit Recruitment & Selection
(CR 95-101)
Ch. ER-MRS 22 - Layoff procedures for employes in permanent classified civil service not covered by a collective bargaining agreement.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule does not affect small business; therefore, an initial regulatory flexibility analysis is not required.
Summary of Comments:
No comments were reported.
Ch. HSS 51 - Department procedures for placing children with special needs for adoption.
Summary of Final Regulatory Flexibility Analysis:
