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
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.
SS. PI 35.03 and 35.06 - Relating to the Milwaukee parental private school choice program.
Ch. Trans 104 - Relating to examination procedures for operator's license.
Ch. Trans 310 - Relating to child restraint standards.
S. Trans 4.06 (4) - Relating to the Urban Mass Transit Operating Assistance Program.
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.
Industry, Labor & Human Relations
(CR 95-172):
An order affecting chs. Ind 72 and ILHR 272, relating to the minimum wage, subminimum wage licenses for rehabilitation facilities, and employment in home care premises.
Effective 03-01-96.
An order affecting ch. NR 203, relating to changes to notice procedures and holding public informational hearings for nonsubstantive WPDES permit modifications.
Effective 03-01-96.
An order affecting chs. NR 700, 708, 712, 714, 716, 718, 720, 722, 724, 726, 728, 738 and 750, relating to the assessment and collection of fees and the establishment of application review procedures for the contaminated land recycling program.
Effective 03-01-96.
An order affecting ch. NR 50 and s. NR 190.09, relating to the outdoor recreation, snowmobile and lake planning grants.
Effective 03-01-96.
An order affecting ss. NR 1.21, 1.212 and 1.213, relating to the administration of private forestry assistance.
Effective 03-01-96.
Final Regulatory Flexibility Analyses
1.
Agriculture, Trade & Consumer Protection
(CR 94-175)
Ch. ATCP 81 - Cheese grading, packaging and labeling, and standard of identity and labeling requirements for Baby Swiss cheese.
Summary of Final Regulatory Flexibility Analysis:
These amendments to ch. ATCP 81, Wis. Adm. Code, regulate cheese grading, cheese packaging and labeling and incorporate a standard of identity for Baby Swiss cheese into the rule. The amendments are technical in nature and do not significantly change current rules.
Among other things, the rule amendments eliminate unsuitable “age” definitions for cheese and update various sections of the rule to be consistent with other rule requirements. The standard of identity for Baby Swiss cheese is currently contained in ch. ATCP 79, Wis. Adm. Code, and is recreated as ch. ATCP 81, Subch. IX, Wis. Adm. Code.
The rule amendments will not affect small businesses such as dairy plants and retail food establishments. New age labeling requirements will not impose significant costs. These amendments do not require any additional reporting or recordkeeping by small businesses. In addition, no other new procedures will be required. No additional knowledge or professional skills are needed to meet the requirements of these amendments.
Summary of Comments from Legislative Committees:
The rule was referred to the Assembly Committee on Consumer Affairs on July 24, 1995 and to the Senate Committee on Transportation, Agriculture and Local Affairs on July 26, 1995. The department received no comments or request for hearing from either committee.
S. DE 12.01 (3) - Ability for a dentist to delegate remediable portions of an oral prophylaxis to an unlicensed person.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments reported.
Chs. ETF 10, 20 & 50 - Deadlines for requesting cancellation of applications for retirement annuities, disability annuities and lump sum payments other than separation benefits and to disclosure of beneficiary designations and other individual personal information.
Summary of Final Regulatory Flexibility Analysis:
The Legislative Council Staff made nine recommendations relative to clarify, grammar, punctuation and use of plain language. Most have been implemented. Recommendation (a) is unnecessary because the reference to sub. (3) has been deleted. In response to recommendation (d), the department added an reference to guardians rather than to authorized representatives of the participant. Only a guardian would be permitted to file a beneficiary designation on behalf of a participant. Therefore the department does not intent to notify anyone other than the participant or the participants guardian when a problem is identified in a beneficiary designation.
Summary of Comments:
No comments were reported.
Ch. HSS 88 - Licensed adult family homes.
Summary of Final Regulatory Flexibility Analysis:
Nearly two-thirds of the 269 family homes licensed by the Department are small businesses as “small business” is defined in s. 227.114 (1) (a), Stats.
Most licensed adult family homes were previously regulated under ch. HSS 3, rules that applied also to larger facilities. The proposed rules are designed specifically for these 3 and 4 resident homes and consequently many requirements are less stringent than requirements found in proposed ch. HSS 83 for CBRFs with 5 or more residents.
Residents of adult family homes require some assistance with daily living, at least supervision, although not nursing care on a regular basis. The proposed rules are intended to protect residents from harm and to promote their well‐being. The rules are in the Department's judgment the minimum rules necessary to carry out these purposes insofar as this can be done through rules and enforcement of them.
No comments were received at public hearings on the proposed rules from operators of licensed adult family homes. Three comments were questions. No changes were made in the rules in response to the other 6 comments. These were: permit corporations to keep personnel records in their corporate offices rather than keep them at the home; define “nursing care” in a way different from referencing Board on Nursing rules; provide an exception for older homes to the minimum 100 square foot bedroom space for wheel chair-bound residents; allow only one type of smoke detector system; do not require licensee to both post HSS 88 and give a copy to each new resident; and make available a special handbook on the rules.
Summary of Comments of Legislative Standing Committees:
No comments were received.
Chs. Trans 136, 138, 139, 141, 142 & 154 - Vehicle odometers disclosure, record keeping and titling by dealers and nonresidents.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule will have no adverse effect on small businesses beyond any effect imposed by the statutes. Less stringent requirements on small businesses were considered and found not appropriate.
Summary of Comments:
No comments were reported.
Ch. Trans 278 - Proposed legislation establishing vehicle weight limit exceptions.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule will have no adverse impact on small businesses.
Summary of Comments:
No comments were reported.
Ch. Trans 276 - Allowing the operation of double bottoms and certain other vehicles on certain specified highways.
Summary of Final Regulatory Flexibility Analysis:
