Statutes interpreted: ss. 110.07, 110,075, 194.38 and 194.43
General Summary of Proposed Rule. This proposed rule making will amend three existing rules to bring them into compliance with changes to the federal regulations which have gone into effect as of January 1, 1998. These changes are as follows:
▶ Chapter Trans 325 adopted motor carrier safety regulations of the United States Department of Transportation in effect on November 1, 1996. This proposed amendment changes the date from November 1, 1996 to August 1, 1998. This change allows Wisconsin to enforce the most recent motor carrier safety regulations. All vehicles operating in interstate commerce are already subject, under federal law, to any changes that have been adopted between November 1, 1996 and August 1, 1998.
▶ Chapter Trans 326 adopted motor carrier safety requirements for transportation of hazardous materials of the United States Department of Transportation in effect on January 1, 1998. This proposed amendment changes the date from November 1, 1996 to August 1, 1998. This change allows Wisconsin to enforce the most recent version of the motor carrier safety requirements for transportation of hazardous materials. All vehicles operating in interstate commerce are already subject under federal law to any changes that have been adopted between November 1, 1996 and August 1, 1998.
The Department proposes to incorporate changes to federal hazardous material regulations that have been expanded to include intrastate transportation and provides for some agricultural exceptions for farmers, allows for the use of some non-specification packages for intrastate transportation only, and provides exceptions for “materials or trades.”
▶ Chapter Trans 328 adopted motor carrier safety requirements for intrastate transportation of hazardous materials of the United States Department of Transportation in effect on November 1, 1996. This proposed amendment changes the date from November 1, 1996 to August 1, 1998. This change allows Wisconsin to enforce the most recent version of the motor carrier safety requirements for intrastate transportation of hazardous materials and will include exceptions provided in revised federal rules.
Fiscal Estimate
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 district, sewerage district, or any federally-recognized tribes or bands.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Rule
This proposed rule was prepared by Lyle Walheim, Division of State Patrol. Copies of the rule may be obtained upon request, free of charge, from the Division of State Patrol, P. O. Box 7912, Room 551, Madison, WI 53707-7912, or by calling (608) 266-6936. Hearing-impaired individuals may contact the Department using TDD (608) 266-0396. Alternate formats of the proposed rule will be provided to individuals at their request.
Text of Proposed Rule
Under the authority vested in the state of Wisconsin Department of Transportation by ss. 110.075 (6), 194.38 (2), 194.43 and 346.45 (4), Stats., the Department of Transportation hereby proposes an order to amend a rule interpreting ss. 110.07, 110,075, 194.38 and 194.43, Stats., relating to motor carrier safety regulations, motor carrier safety requirements for transportation of hazardous materials, and motor carrier safety requirements for intrastate transportation of hazardous materials.
SECTION 1. Trans 325.02 (intro.) is amended to read:
Trans 325.02 Federal rules adopted. The following federal motor carrier safety regulations adopted by the United States department of transportation and in effect on November August 1, 1996 1998 are adopted by the department and shall be enforced in relation to those carriers, drivers or vehicles to which these rules apply in the same manner as though the regulations were set out in full in this chapter:
SECTION 2. Trans 325.02 (8) is created to read:
(8) Every traffic officer and state patrol inspector as set forth in s. 110.07, Stats., is authorized to declare vehicles and drivers out-of-service in accordance with the North American standard out of service criteria.
SECTION 3. Trans 325.05 (1) and (2) are amended to read:
Trans 325.05 (1) The provisions of s. Trans 325.01(4) 325.02 (4) and (6) (title 49, Code of Federal Regulations, parts 393 and 396) shall be enforced under the provisions of s. 110.075, Stats.
(2) The provisions of s. Trans 325.01 (2)
325.02 (2), (3), (5) and (7), (Title 49, Code of Federal Regulations, parts 391, 392, 395 and 397) shall be enforced under the provisions of ch. 194, Stats.
SECTION 4. Trans 326.01 (intro.) is amended to read:
Trans 326.01 Federal rules adopted. The following federal motor carrier safety regulations adopted by the United States department of transportation and in effect on November August 1, 1996 1998, are adopted by the department and shall be enforced in relation to those carriers, drivers or vehicles to which these federal rules apply in the same manner as though the regulations were set out in full in this chapter:
SECTION 5. Trans 326.01 (8) is created to read:
Trans 326.01 (8) Every traffic officer and state patrol inspector, as set forth in s. 110.07, Stats., is authorized to declare vehicles and drivers out of service in accordance with the North American standard out-of-service criteria.
SECTION 6. Trans 326.07 is renumbered Trans 326.07 (1).
SECTION 7. Trans 326.07 (2) and (3) are created to read:
Trans 326.07 (2) The provisions of s. Trans 326.01 (4), (6) and (7) do not apply to a nonspecification, nonbulk metal tank permanently secured to a transport vehicle and protected against leakage or damage in the event of a turnover, having a capacity of less than 119 gallons used by intrastate carriers in intrastate commerce only to transport flammable liquid petroleum products.
(3) (a) The provisions of s. Trans 326.01 (3), (4), (6) and (7) do not apply to the transportation of agricultural products other than class 2 materials, or compressed gases, over local roads other than the national interstate and defense highway system between fields of the same farm by a farmer who operates as an intrastate private carrier.
(b) The transportation of an agricultural product to or from a farm within 150 miles of the farm is excepted from the requirements in s. Trans 326.01 (3), 49 CFR parts 172 subpart G, emergency response information, subpart H, training requirements, and from the specific packaging requirements when it is transported by a farmer who is an intrastate private motor carrier and the total amount of agricultural products being transported in a single vehicle does not exceed any of the following:
1. 16,094 pounds of ammonium nitrate fertilizer properly classed as division 5.1 PG III in a bulk packaging.
2. 502 gallons for liquid or gases.
3. 5,070 pounds for solids of any other agricultural product.
SECTION 8. Trans 328.03 (intro.) and (1) are amended to read:
Trans 328.03 Federal rules adopted. The following federal motor carrier safety regulations adopted by the United States department of transportation and in effect on November August 1, 1996 1998, are adopted by the department and shall be enforced in relation to those carriers, drivers or vehicles to which these rules apply in the same manner as though the regulations were set out in full in this chapter:
(1) Title 49, Code of Federal Regulations, part 171, hazardous materials regulations, except 171.1 (a) (1), 171.4, 171.5, 171.10, 171.12 and 171.12a; and 171.2 (a) and (b) for cargo and portable tanks used in intrastate commerce and placed in operation prior to November 1, 1991 general information, regulations and definitions.
SECTION 9. Trans 328.03 (6) is created to read:
Trans 328.03 (6) Every traffic officer and state patrol inspector, as set forth in s. 110.07, Stats., is authorized to declare vehicles and drivers out of service in accordance with the North American standard out-of-service criteria.
SECTION 10. Trans 328.04 is created to read:
Trans 328.04 Exclusions and exceptions. (1) The provisions of s. Trans 328.03 (3), (4) and (5) do not apply to a nonspecification, nonbulk metal tank permanently secured to a transport vehicle and protected against leakage or damage in the event of a turnover, having a capacity of less than 119 gallons used by intrastate carriers in intrastate commerce only to transport flammable liquid petroleum products.
(2) (a) The provisions of s. Trans 328.03 (2), (3), (5) and (6) do not apply to the transportation of agricultural products other than class 2 materials, or compressed gases over local roads other than the national interstate and defense highway system between fields of the same farm by a farmer who operates as an intrastate private carrier.
(b) The transportation of an agricultural product to or from a farm within 150 miles of the farm is excepted from the requirements s. Trans 328.03 (2), 49 CFR parts 172 subpart G, emergency response information, subpart H, training requirements, and from the specific packaging requirements when it is transported by a farmer who is an intrastate private motor carrier and the total amount of agricultural products being transported in a single vehicle does not exceed any of the following:
1. 16,094 pounds of ammonium nitrate fertilizer properly classed as division 5.1 PG III in a bulk packaging.
2. 502 gallons for liquid or gases.
3. 5,070 pounds for solids of any other agricultural product.
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.
Agriculture, Trade & Consumer Protection
(CR 98-1):
Ch. ATCP 134 - Relating to residential rental practices.
S. CSB 2.24 - Relating to adding butorphanol to the classification of controlled substances in schedule IV of ch. 961, Stats., the Uniform Controlled Substances Act.
S. DOC 328.22 (5) - Relating to the custody and detention of felony probationers and parolees.
S. PD 3.02 (1) - Relating to the cost of retained counsel.
Ch. Tax 19 - Relating to tax rate disparity payments.
Technical College System Board
(CR 98-59):
Ch. TCS 15 - Relating to faculty development grants.
Ch. Trans 132 - Relating to temporary license plate and permits.
S. DWD 80.60 - Relating to employer self-insurance under the worker's compensation 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.
An order affecting ch. DOC 309, relating to inmate mail, property, telephone calls, and general provisions of ch. DOC 309.
Effective 10-01-98.
An order affecting ss. HFS 172.04, 175.04, 178.05, 195.04, 196.04, 197.04 and 198.04, relating to permit fees and related fees, including a one-time technology improvement surcharge, for the operation of public swimming pools, recreational and educational camps, campgrounds, hotels and motels, tourist rooming houses, restaurants, bed and breakfast establishments and food and beverage vending operations and commissaries.
Effective 09-01-98.
An order affecting chs. NR 500, 502, 507, 512, 520 and 680 and ss. NR 504.09, 509.07, 514.04 and 620.15, relating to solid and hazardous waste management activities.
Effective 10-01-98.
An order affecting ss. NR 487.03, 487.05, 487.07, 487.09 and 487.10, relating to the Clean Fuel Fleet Program to reduce volatile organic compound (VOC) and oxides of nitrogen emissions from fleet vehicles.
Effective 10-01-98.
An order affecting ss. NR 10.02, 10.09, 10.25, 11.10, 15.02, 19.30 and 27.03, relating to wildlife management housekeeping changes to the hunting and trapping regulations.
Effective 10-01-98.