Rule-Making Notices (Hearing Notices)

The Department of Agriculture, Trade and Consumer Protection currently regulates the import of plants, soil and other materials for the presence of Japanese beetle under ch. 94, Stats. and s. ATCP 21.11, Wis. Adm. Code. Despite these import controls, Wisconsin is now infested with Japanese beetle, making continued import control meaningless. Under the present rule, the costs for inspection and certification are born by the out-of-state business. In an unknown number of cases, the costs of these controls may have been passed through to nurseries in Wisconsin, most of which are small businesses.

The proposed rule changes repeal the import controls on Japanese beetle and will have no impact on nurseries in Wisconsin except as far as they will no longer be subject to any pass-through on inspection and certification costs. The repeal of the import controls on Japanese beetle have no reporting, recordkeeping or procedural impacts on the conduct of the Wisconsin nursery businesses.

Taxonomic Name Change and State Pest Control Programs

The proposed changes to scientific names of two honeybee pests and the clarification of the department's exemptions from its own rules on pesticide applications in particular situations will have no impact on small businesses in Wisconsin.

Small Businesses Affected by this Rule

This rule will have little or no effect on nurseries in Wisconsin, most of which are small businesses. Under current rules, out-of-state businesses shipping into Wisconsin have incurred costs for Japanese beetle inspection and certification. This rule eliminates those costs. To the extent that out-of state importers passed on the costs to nurseries receiving import shipments in Wisconsin, this rule will decrease costs to Wisconsin nurseries.

Notice of Hearing

Commerce

(Flammable and Combustible Liquids, Ch. Comm 10)

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.09 (3), 101.14 (4) (a), and 101.142, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to chapter Comm 10, Flammable and Combustible Liquids Code.

The public hearing will be held as follows:

Date and Time: Wednesday, August 15, 2001 @ 10:00 a.m.

Location:   Tommy G. Thompson Commerce Center

  Conference Room 3B

  201 West Washington Avenue

  Madison, WI

Analysis prepared by the Department of Commerce

Statutory Authority: ss. 101.09 (3) and 101.14 (4) (a), Stats.

Statutes Interpreted: ss 101.09 (3), 101.11 (2), 101.14 (4) (1) and (g) and 101.142, Stats.

Under the statute sections listed above, the department has the responsibility to adopt rules for the safe storage, handling and use of flammable and combustible liquids. The requirements established in this code encompass both fire and environmental safety aspects for flammable and combustible liquids.

The changes contained in this proposal are intended primarily to update adopted national standards, remove obsolete deadline requirements and streamline administrative processes. Some of the changes are designed to correct typographic errors and clarify ambiguous requirements. Wherever possible, conflicting rules in this chapter have been repealed so the requirement will be as specified in the current national standard. Additional requirements have been added for more frequent monitoring of corrosion protection measures.

Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until Friday, August 31, 2001, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Duane Hubeler, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.

These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.

The proposed rules and an analysis of the proposed rules are available on the Internet at the Environmental and Regulatory Services Division web site at www.commerce.state.wi.us/ER/ER-BST-Comm10CodeRevision. Paper copies may be obtained without cost from Linda Hahn, Department of Commerce, Storage Tank Bureau, P.O. Box 7837, Madison, WI 53701-7837, Email [e-mail], telephone [phone] or (TTY) [phone]. Copies will also be available at the public hearings.

Initial Regulatory Flexibility Analysis

1. Types of small businesses that will be affected by the rules.

Owners and installers of storage tank systems will be affected by these rules.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

There are no additional reporting or bookkeeping procedures required for compliance with these proposed rules. The existing requirements for tank registration and tank permitting have been streamlined.

3. Types of professional skills necessary for compliance with the rules.

There are no additional professional skills necessary for compliance with these proposed rules.

Fiscal Estimate

There are no changes proposed in these rules that will affect staffing levels or revenues.

Notice of Hearing

Natural Resources

(Fish and Game, etc., chs. NR 1—)

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 (1), 29.041, 29.519 (1), 227.11 (2) (a) and 227.24, Stats., interpreting ss. 29.014 (1), 29.041 and 29.519 (1), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FH-28-01(E) pertaining to fishing for yellow perch in Green Bay. This emergency order took effect on July 1, 2001. The emergency rule reduces the sport fishing daily bag limit for yellow perch caught in Green Bay and its tributaries to 10. Currently the daily bag limit is 25 in total for panfish, including yellow perch. The total annual commercial harvest of yellow perch from zone 1 (Green Bay) is reduced from 200,000 pounds to 20,000 pounds.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Monday, August 13, 2001

5:00 p.m.

Auditorium, Bay Beach Wildlife Sanctuary

1660 East Shore Drive

Green Bay, WI

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call William Horns at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

There is no fiscal impact anticipated from the promulgation of this rule.

Written comments on the emergency rule may be submitted to Mr. William Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than August 14, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [FH-28-01] may be obtained from Mr. Horns.

Notice of Hearing

Transportation

[CR 01-084]

NOTICE IS HEREBY GIVEN that pursuant to s. 227.11, Stats., and interpreting ss. 19.32, 19.37, 341.17 and 342.09, Stats., the Department of Transportation will hold a public hearing in Room 254 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 21st day of August, 2001, at 2:00 PM, to consider the amendment of ch. Trans 195, Wis. Adm. Code, relating to fees for searching, verifying and certifying motor vehicle records.

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 on Friday, August 24, 2001, 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 Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911.

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. 227.11, Stats.

STATUTES INTERPRETED: ss. 19.32, 19.37, 341.17 and 342.09, Stats.

General Summary of Proposed Rule

Chapter Trans 195 establishes the Department of Transportation's administrative interpretation of several statutory provisions relating to fees and procedures for searching, verifying and certifying documentation contained in the records of the Division of Motor Vehicles. The current fees for search, verification and certification of driver records, motor vehicle title and registration records, and other Division of Motor Vehicle records set forth in ch. Trans 195 is $3.00. This rule making will remove any references to fees for driver records, while such fees for driver records shall continue to be set forth in the statutes, and shall increase the fees for the search, verification and certification of motor vehicle title and registration records and other Division of Motor Vehicle records to $5.00. Telephone accounts require a minimum fee, which is currently $18 monthly (representing 6 vehicle records checked in a month). As the record fee increases to $5, the minimum fee for telephone accounts will increase to $30 monthly.

Fiscal Effect

The Department estimates that the number of vehicle record abstract requests will decline, as a result of fee increase (along with a decline resulting from implementation of the federal Driver Privacy Protection Act), from an annual level of 63,750 to 49,875. However, with the fee increase, revenue to the Transportation Fund is estimated to increase by $58,125, from $191,250 annually to $249,375 annually. The Department estimates an additional $9,000 annually from the fee increase for certification and verification of both driver license and vehicle records.

Telephone accounts require a minimum fee, which is currently $18 monthly (representing 6 vehicle records checked in a month). As the record fee increases to $5, the minimum fee for telephone accounts will increase to $30 monthly. This change is accounted for within the revenue estimate cited above.

The Department estimates that there will be no fiscal impact from the promulgation of this proposed rule on the liabilities of any county, city, village, town, school district, technical college district, or sewerage district.

Initial Regulatory Flexibility Analysis

The proposed rule will have negligible impact on small businesses. Vehicle record abstracts are generally obtained by attorneys and private investigators, towing companies, debt collectors, and similar businesses. While these businesses will be required to pay an increased fee, the number of vehicle record abstracts which any single business obtains is a very small number (about 50,000 vehicle records are accessed annually, in a statewide fleet of about 4.5 million vehicles). Thus, a $2 per record fee increase will have negligible impact on any single business. The telephone account minimum fee, representing 6 vehicle records checked in a month, is accounted for within the numbers cited above.

About 2,500 certifications and verifications each year are requested, for vehicle records (out of a fleet of about 4.5 million vehicles). About 2,000 certifications and verifications of driver license records are requested each year (in a population of about 3.5 million drivers). Thus, a $2 per certification/verification fee increase will have negligible impact on any single business.

Copies of Proposed Rule

Copies of the proposed rule may be obtained upon request, without cost, by writing to Carson Frazier, Bureau of Vehicle Services, Room 253, P.O. Box 7911, Madison, WI 53707-7911, or by calling [phone]. Hearing-impaired individuals may contact the Department using TDD [phone]. Alternate formats of the proposed rule will be provided to individuals at their request.