Effective 07-01-97.
Final Regulatory Flexibility Analyses
1.
Agriculture , Trade and Consumer Protection
(CR 96-191)
S. ATCP 139.04 (11) - Prohibiting the sale of flammable substances containing butane, propane, mixtures of butane and propane, or other gaseous hydrocarbons for use as refrigerants in mobile air conditioners.
Summary of Final Regulatory Flexibility Analysis:
This rule revises ch. ATCP 139, Wis. Adm. Code, related to hazardous substances, by creating s. ATCP 139.04 (11) to prohibit the sale of flammable substances containing butane, propane, mixtures of butane and propane, or other gaseous hydrocarbons when used or intended for use as refrigerants in motor vehicles whose mobile air conditioning systems were not designed and manufactured to use flammable refrigerants.
Refrigerants Used in Mobile Air Conditioning Systems:
Current motor vehicle air conditioning systems are designed by manufacturers to use one of only two refrigerants -- CFC-12 for pre-1993 model year vehicles, and HFC-134a for later year vehicles.
U.S. production of CFC-12 and other Class I ozone-depleting substances ceased on January 1, 1996 under terms of the Federal 1990 Clean Air Act Amendments. Currently, CFC-12 service needs for automotive air conditioning in the U.S. has been estimated at 43.8 million pounds. Current stockpiles of CFC-12, combined with supplies from recycling and reclaiming activities, have been meeting these automotive servicing needs.
As a result of diminishing supplies, the price of CFC-12 has risen dramatically on a statewide and national basis, increasing from about $8 per pound to more than $20 per pound. This has influenced business decisions to market and distribute substitute refrigerants, as well as retrofit supplies for converting CFC-12 systems to HFC-134a refrigerant.
Under federal law, the EPA has authority to review and approve substitutes to CFC-12 and other ozone-depleting substances. To date, the EPA has reviewed and approved nine separate refrigerant substitutes for use in motor vehicle air conditioning. The EPA has also acted to prohibit the general use of two flammable refrigerants -- OZ 12 and HC-12a because of public safety concerns.
Overall Effect on Small Businesses:
This general order prohibits the sale and use of flammable, hydrocarbon-based refrigerants in mobile air conditioning systems. These refrigerant products present an unreasonable public safety risk to motor vehicle owners and auto service technicians.
The Department identified a few businesses in Wisconsin which obtained product inventories, or were engaged in selling or distributing HC-12a to other automotive businesses. The Department issued an emergency rule to prohibit these sales. This rule makes the current sales ban permanent on flammable refrigerants used or intended for use in mobile air conditioning.
Any potential costs borne by businesses with banned inventory can be mitigated to the extent that these businesses seek refunds from distributors or the manufacturer under the refund remedies provided under s. 100.37 (7), Stats. This statute was revised in 1993 to allow businesses and consumers with product inventories purchased prior to a subsequent product ban adopted under Wisconsin's Hazardous Substances Law to demand and receive a refund.
Other refrigerant substitutes approved for use in mobile air conditioning systems are also available in the marketplace, thus eliminating the need for flammable refrigerants as a product in the after-market automotive parts and servicing industry.
Products affected by this rule are uncommon in the state, and do not constitute the principal product of any Wisconsin business. Refrigerants are also regulated under other state laws. The Department's mobile air conditioning rule under ch. ATCP 136, Wis. Adm. Code, currently prohibits the sale of refrigerant in containers holding less than 15 pounds. In addition, refrigerant suppliers are generally restricted to selling refrigerant to registered businesses in the state.
The interest of public safety far outweighs any potential cost to small businesses as a result of this rule. The rule also helps to protect investments made by small businesses in approved recovery and recycling equipment and refrigerant supplies by eliminating a potential source of refrigerant contamination. This contamination from intentional or inadvertent use of flammable refrigerants can lead to costly refrigerant disposal costs, the loss of warranty coverage on recovery/recycling equipment and motor vehicle parts, and defective motor vehicle repairs and follow-up servicing costs. Therefore, the rule is not expected to have a significant adverse impact on small businesses.
Summary of Comments by Legislative Committees:
Clearinghouse Rule 96-191 was referred to the Senate Committee on Agriculture & Environmental Resources on March 18, 1997, and the Assembly Environment Committee on March 25, 1997. The Department received no comments from either committee.
2.
Financial Institutions--Banking
(CR 96-122)
S. Bkg 73.01 - Adjustment service companies.
Summary of Final Regulatory Flexibility Analysis:
There will be no effect on small business with the promulgation of this rule.
Summary of Comments:
No comments reported.
3.
Commerce (Development)
(CR 97-4)
Chs. DOD 13 and Comm 113 - Annual allocation of volume cap on tax-exempt private activity bonds for 1997.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule is not expected to have any impact on small businesses, except for businesses located within the state that desire to obtain the economic benefit of industrial revenue bond financing using the volume cap allocated by the Department of Commerce. The small business ombudsman attended the public hearing and provided written testimony in support of the rule and indicated that the rule would not negatively impact small business.
No comments were received from small business.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Housing and by the Senate Committee on Economic Development, Housing and Government Operations. No comments were received.
SS. ER 18.01, 18.04 and 18.15 - Creation of a catastrophic leave program that permits classified nonrepresented employes to donate certain types and amounts of leave credits to other classified nonrepresented employes who have been granted an unpaid leave of absence due to a catastrophic need and removal of the reference to Good Friday as a legal holiday for state employes.
Summary of Final Regulatory Flexibility Analysis:
The rule affects state employes and does not regulate small business.
Summary of Comments:
No comments were reported.
Ch. HSS 144 - Immunization of students.
Summary of Final Regulatory Flexibility Analysis:
These rule changes will affect students, schools, local health agencies, county attorney offices and the Department. They will not directly affect small businesses as “small business” is defined in s. 227.114 (1) (a), Stats., except day care centers that are organized as small businesses.
About 700 of the 2200 group (9 or more children) day care centers in the state are small businesses, as are virtually all of the 2600 family (4 to 8 children) day care centers. Day care centers for many years have been checking for compliance with required immunizations for school entry. By adding two new diseases against which students must be immunized, the rule changes will modestly increase paperwork for all day care centers. This is unavoidable as part of the system for protecting children against certain serious diseases to which children are susceptible and which are preventable through administration of approved vaccines.
Summary of Comments of Legislative Standing Committees:
No comments were received.
S. NR 25.04 (2) (b) - Transfer of commercial fishing licenses.
Summary of Final Regulatory Flexibility Analysis:
These proposed rule will directly affect only commercial fishers. No additional compliance or reporting requirements will be imposed as a result of these proposed rule changes.
Summary of Comments by Legislative Review Committees:
The proposed rule was reviewed by the Assembly Natural Resources Committee and the Senate Agriculture and Environmental Resources Committee. On March 5, 1997, the Assembly Natural Resources Committee held a public hearing. At the close of the public hearing, the committee objected to the proposed rule on the grounds that the proposed rule lacked statutory authority and failed to comply with legislative intent. The proposed rule was referred to the Joint Committee for Review of Administrative Rules.
On April 16, 1997, the Joint Committee for Administrative Rules held a public hearing. The Joint Committee voted to nonconcur with the Assembly Natural Resources Committee's objection.
S. NR 25.08 (3) (b) - Transfer of individual licensee catch quotas upon the death or incapacity of the quota holder.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule changes will directly affect only commercial fishers. No additional compliance or reporting requirements will be imposed as a result of these proposed rule changes.
Summary of Comments by Legislative Review Committees:
The proposed rule was reviewed by the Assembly Natural Resources Committee and the Senate Agriculture and Environmental Resources Committee. On March 5, 1997, the Assembly Natural Resources Committee held a public hearing. At the close of the public hearing, the committee objected to the proposed rule on the grounds that the proposed rule lacked statutory authority and failed to comply with legislative intent. The objection was based on the committee's belief that the proposed rule invested commercial fishers with a property right to catch quotas. The proposed rule was referred to the Joint Committee for Review of Administrative Rules.
On April 16, 1997, the Joint Committee for Administrative Rules held a public hearing. At that public hearing, the Lake Michigan Commercial Fishing Board submitted a germane modification to the proposed rule. The modification removed the provision that, during a transfer abeyance period, an ineligible designated transferee or immediate family member would be able to apply for and authorize a transfer of the quota to an eligible third party who is not necessarily and immediate family member - even in cases where it is apparent to the Department that the designated transferee or immediate family member cannot possibly qualify within 2 years. The Joint Committee accepted the germane modification and voted to nonconcur with the Assembly Natural Resources Committee's objection.
S. NR 10.09 (1) (c) 1. a. - Definition of a “muzzleloader” for the muzzleloader gun deer season.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule does not regulate small business; therefore, a final regulatory flexibility analysis was not prepared.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Natural Resources Committee and the Senate Agriculture and Natural Resources Committee. There were no comments.
SS. NR 10.01, 10.26 and 11.08 - Sharp-tailed grouse hunting.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules pertain to hunting and are applicable to individual sportspeople and impose no requirements on small businesses.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Natural Resources Committee and the Senate Agriculture and Environmental Resources Committee. There were no comments.
Chs. NR 25 and 26 - Lake Superior fisheries management plan.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule changes will directly affect licensed commercial fishers on Lake Superior. No additional compliance or reporting requirements will be imposed as a result of these rule changes.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Natural Resources Committee and the Senate Agriculture and Environmental Resources Committee. On April 2, 1997, the Assembly Natural Resources Committee held a public hearing. The Committee did not request any modifications to the proposed rule.
S. NR 5.21 (2) - Wild Rose Mill Pond slow-no-wake waiver.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule does not regulate businesses; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Natural Resources Committee and the Senate Agriculture and Environmental Resources Committee. There were no comments.
SS. NR 20.02, 20.03 and 25.06 - Sport and commercial fishing for yellow perch in Lake Michigan.
