Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to:
Pamela Haack, (608) 266-0495
Office of Administrative Rules
Dept. of Regulation and Licensing
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Notice of Hearing
Transportation
Notice is hereby given that pursuant to s. 341.085, Stats., and interpreting s. 341.085, Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of ch. Trans 309, Wis. Adm.Code, relating to ambulance inspection:
Hearing Information
October 15, 1998 State Patrol Hdqtrs. District 4
Thursday Downstairs Meeting Room
9:00 a.m. Hwys. NN & 51
Wausau, WI
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business October 16, 1998, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Ted Waite, Department of Transportation, Division of State Patrol, Room 551, P. O. Box 7912, Madison, WI 53707-7912.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Statutory authority: s. 341.085
Statute interpreted: s. 341.085
General Summary of Proposed Rule. Chapter Trans 309 was created in November 1, 1986, replacing ch. Trans 157. The purpose of this chapter is to prescribe minimum vehicle and medical equipment specifications for ambulances and to establish administrative procedures for implementing the ambulance inspection program under s. 341.085, Stats.
The rule was last revised in 1993-94. This rule change came about after requests came from the Wisconsin EMS Physician's Board and the Wisconsin EMS Board. Their request was to bring the rule up to today's medical standard.
This proposed rule making:
♢ Addresses the problem of an increased number of ambulances that need to be inspected and the allotted person power to do those inspections. The inspections would go from annual to biennial, with the option of spot checks to verify compliance.
♢ Sets up an out of service criteria and a penalty section for noncompliance of the rule.
♢ Establishes requirements for required paper work the service provider is to keep and provide to the inspector upon inspection of the ambulance. This requirement will help ensure that the ambulance and equipment used has been properly maintained for the safe transportation of the sick and injured.
♢ Provides that all “In-Service" ambulances carry defibrillators which will bring the rule into compliance with DHFS requirements. With the advent of public defibrillation, the ambulance service provider must be able to maintain or increase the level of care given to the patient.
♢ Provides that the medical and surgical equipment carried on an ambulance meets the requirements of the medical field.
♢ Provides for the protection of a latex sensitive patient or EMT by requiring that the ambulance carries a latex free kit containing items most used in care for a patient.
Fiscal Estimate
This proposed rule will have an adverse effect on a limited number of public entities providing ambulance service. For those services that keep their ambulances stocked with the bare minimum of medical and surgical equipment, the Department estimates that their cost per ambulance would be less than $1,000. Most service providers will have very little monetary hardship because they already carry most of the equipment that this rule would require. The Department estimates that there would be a $200 cost per ambulance. This proposed rule will increase revenues for noncompliance of certain parts of this rule by assessing monetary penalties by about $1,000.00 per year.
Initial Regulatory Flexibility Analysis
This proposed rule will have an adverse effect on a limited number of small businesses providing ambulance service. For those services that keep their ambulances stocked with the bare minimum of medical and surgical equipment, the Department estimates that their cost per ambulance would be less than $1,000. Most service providers will have very little monetary hardship because they already carry most of the equipment that this rule would require. The Department estimates that there would be a $200 cost per ambulance.
Copies of Proposed Rule
Copies of the rule may be obtained upon request, without cost, by writing to Frieda Andreas, Division of State Patrol, P. O. Box 7912, Madison, WI 53707-7912, or by calling (608) 266-6936. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Transportation
Notice is hereby given that pursuant to ss. 110.075(6), 194.38(2), 194.43 and 346.45(4), Stats., interpreting ss. 110.07, 110,075, 194.38 and 194.43, Stats., the Department of Transportation will hold a public hearing on the 5th day of October, 1998, at the Hill Farms State Transportation Building, Room 551, 4802 Sheboygan Avenue, Madison, WI, at 1:30 PM, to consider the emergency rule amendment of chapter Trans 328, Wis. Adm. Code, relating to motor carrier safety requirements for intrastate transportation of hazardous materials.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available.
Analysis Prepared by the Wisconsin Department of Transportation
Statutory authority: ss. 110.075(6), 194.38(2), 194.43 and 346.45(4)
Statutes interpreted: ss. 110.07, 110,075, 194.38 and 194.43
General Summary of Emergency Rule. The Department, by this rule making, is adopting 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." These exceptions will only apply if state statutes or regulations are in effect prior to October 1, 1998, allowing these exceptions.
In addition, Ch. 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 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 American Indian tribes or bands.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Emergency Rule and Contact Person
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 Emergency 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 amends ch. Trans 328, Wisconsin Administrative Code, interpreting ss. 110.07, 110,075, 194.38 and 194.43, Stats., relating to motor carrier safety requirements for intrastate transportation of hazardous materials.
SECTION 1. 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 2. Trans 328.03(6) is created to read:
Trans 328.03(6) Every traffic officer and state patrol inspector, employed under the authority of 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 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 part 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 Hearings
Workforce Development
(Economic Support, Chs. DWD 11 to 59)
Notice is given that pursuant to ss. 49.22(2m)(d), 49.853(1)(dm), 49.854(17), 49.858(2) and 767.027(2), Stats., the Department of Workforce Development proposes to hold public hearings to consider the renumbering and creation of rules under chapters DWD 40 to 42 and 43, Wis. Adm. Code, relating to child support administrative enforcement.
Hearing Information
A previous announcement gave notice of the first public hearing on this rule.
Additional public hearings have now been scheduled as follows:
October 13, 1998 Fox Valley Tech. College
Tuesday Room G1-10
1:00 p.m. to 3:30 p.m. 1825 N. Bluemound Dr.
Appleton
October 20, 1998 Milwaukee State Office Bldg.
Tuesday Room 45
