Friday at 10:00 a.m.
Room 027, GEF #2 Building
101 South Webster St.
Madison
January 28, 2004
Wednesday at 1:00 p.m.
Auditorium, Bay Beach Wildlife Sanctuary
1660 E. Shore Drive
Green Bay
January 29, 2004
Thursday at 1:00 p.m.
Room 141, DNR Region Hdqrs.
2300 N. Dr. Martin L. King Jr., Dr.
Milwaukee
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 Robert Park at (608) 266-1054 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Mr. Jeffrey Hansen, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than January 30, 2004. Written comments will have the same weight and effect as oral statements presented at the hearings.
Fiscal Estimate
Because these rule revisions will reduce the number of PSD/NSR permits that the department will process annually, revenues from the completion of these permits will be lost. Based upon 2002 permitting efforts, the department estimates this lost revenue to be $480,000 annually. Increasing minor source permitting efforts may result due to less regulatory burden, the department estimates that this increasing level would equal $140,000.
The department estimates that although these revisions will reduce the number of projects that would be subject to permitting under the PSD/NSR program, the department will be required to spend resources conducting complex applicability determinations and preparing exclusions from the PSD/NSR program under the options provided for in the rule revisions. These exclusions will be labor intensive on the front end in order to ultimately provide regulatory relief. It is estimated that any time that would have been available as a result of the reduced number of PSD/NSR permit applications will be spent responding to requests for applicability determinations or in preparing exclusionary documents for sources taking advantage of the exclusionary options. The department estimates that the costs to prepare these exclusionary documents will equal or exceed the costs of preparing PS/NSR permits, and may be possible to absorb within the agency's budget.
Copies of Rule and Contact Person
A copy of proposed rule AM-06-04 and its fiscal estimate may be obtained from:
Proposed Rules
Bureau of Air Management
P.O. Box 7921
Madison, WI 53707
Phone: (608) 266-7718
FAX: (608) 267-0560
Notice of Proposed Rule
Transportation
The Wisconsin Department of Transportation proposes an order to amend ch.
Trans 149 (title), 149.01 (2), 149.02 (6) (m), 149.05 (5) (a) 2., 149.07 (1) (a) 2., 149.08 (1) and
Trans 305.065 (1) and (2) (b), Wis. Adm. Code, relating to titling and registration of homemade, reconstructed or repaired salvage vehicles.
NOTICE IS HEREBY GIVEN that pursuant to the authority of ss.
85.16 (1),
227.11 (2) (b) and
342.07 (2), Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Wisconsin Department of Transportation will adopt the following rule amending chs.
Trans 149 and
305 without public hearing unless, within 30 days after publication of this notice
January 1, 2004, the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Questions about this rule and any petition for public hearing may be addressed to Patricia Hansen, Division of State Patrol, Room 551, P. O. Box 7912, Madison, Wisconsin 53707-7912, telephone (608) 267-0325.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule. Prior to passage of
2001 Wis. Act 109, motorcycles built by non-licensed manufacturers were titled as “replica" vehicles.
2001 Wisconsin Act 109 amended s.
341.268, Wis. Stats., to exclude motorcycles from the definition of replica vehicle. After October 1, 2002, the definition of homemade vehicle is expanded to include motorcycles that reproduce a vehicle originally made by another manufacturer.
Current policies of the Department of Transportation require that all homemade and reconstructed vehicles be inspected before a title and registration plates may be issued. This policy is expressed in s.
Trans 305.065, Wis. Admin. Code. The proposed rule will amend chs.
Trans 149 and
305 to clarify that inspections of homemade vehicles, including motorcycles, are to be conducted in the same manner as inspections of repaired salvage vehicles. The proposed rule further amends ch.
Trans 149 to provide that the requirement for receipts for motorcycle parts be raised from the current $50 to $150 in order to capture information on major part purchases and to eliminate receipts for minor, non-essential motorcycle parts. The inspections for homemade and reconstructed vehicles do not require a fee since there is no statutory provision for charging a fee. The proposed rule will amend ch.
Trans 149 to clarify that the fee provisions of that rule apply only to inspections of repaired salvage vehicles.
TEXT OF PROPOSED RULE
Under the authority vested in the state of Wisconsin, department of transportation, by ss.
85.16 (1),
227.11 (2) (b) and
342.07 (2), Stats., the department of transportation hereby proposes to amend rules interpreting ss.
341.268 and
342.07, Stats., relating to titling and registration of homemade, reconstructed or repaired salvage vehicles.
SECTION 1. Ch.
Trans 149 (title) is amended to read:
INSPECTION OF A HOMEMADE, RECONSTRUCTED OR REPAIRED SALVAGE VEHICLE
SECTION 2. Trans 149.01 (2) is amended to read:
Trans 149.01 (2) This chapter applies to any person seeking to obtain a certificate of title on a homemade vehicle, reconstructed vehicle, repaired salvage vehicle or on a vehicle identified in another jurisdiction as a repaired salvage or salvage vehicle.
SECTION 3. Trans 149.02 (6) (m) is amended to read:
Trans 149.02 (6) (m) Any motorcycle part not listed under this subsection which has a value exceeding $50
$150.
SECTION 4. Trans 149.05 (5) (a) 2. is amended to read:
Trans 149.05 (5) (a) 2. The Wisconsin salvage certificate of title evidencing the applicant's ownership of the vehicle, which may be a salvage certificate of title in the name of the applicant, or a Wisconsin salvage certificate of title in the name of another person who has properly assigned the title to the applicant in the space provided on the certificate. This paragraph does not apply to homemade or reconstructed vehicles.
SECTION 5. Trans 149.07 (1) (a) 2. is amended to read:
Trans 149.07 (1) (a) 2. The applicant's current salvage certificate of title. This paragraph does not apply to homemade or reconstructed vehicles.
SECTION 6. Trans 149.08 (1) is amended to read:
Trans 149.08 (1) The applicant shall pay an inspection fee for each inspection performed, except that there is no additional fee for the reinspection described in s.
Trans 149.07 (2) (b).
There is no fee for the inspection of a homemade or reconstructed vehicle.
SECTION 7. Trans 305.065 (1) and (2) (b) are amended to read:
Trans 305.065 (1) INSPECTION. Upon completion of assembly or reconstruction, every homemade or reconstructed vehicle shall be inspected prior to being registered or titled for compliance with this chapter
, ch. Trans 149 and ch.
347, Stats. The inspection shall be performed by an inspector authorized by the department to perform inspections of salvage vehicles under s.
342.07, Stats. This subsection does not apply to trailers or semitrailers.
(2) (b)
Replica and street modified vehicles. The department shall issue a title indicating that a vehicle
, except a motorcycle, is a replica or street modified vehicle and the make and model year shown on the title shall be the original make and model year of the street modified vehicle or the make and model year of the vehicle being replicated. The installation of reproduction body parts on a previously manufactured and titled vehicle body and frame is not considered by the department to constitute a replica vehicle for purposes of identifying the vehicle on its title. A vehicle shall be considered a replica or a street modified vehicle if it has been certified by the owner to be a replica or a street modified vehicle for purposes of registration under s.
341.268, Stats. A vehicle shall also be considered a street modified vehicle if the vehicle's engine has been replaced with one which required adaptation beyond ordinary replacement.
Fiscal Effect
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis
The amendments of these rules have no direct affect on small businesses.
Copies of Proposed Rule
Copies of the rule may be obtained upon request, without cost, by writing to Patricia Hansen, Division of State Patrol, P. O. Box 7912, Room 551, Madison, WI 53707-7912, or by calling (608) 267-0325. 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.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1) and
348.07 (4), Stats., interpreting s.
348.07 (4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of chapter Trans 276, Wis. Admin. Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:
January 20, 2004 at 11:00 a.m.
Transportation District 3
2733 Ridge Road
Conference Room 2
Green Bay, WI
(Parking is available for persons with disabilities)
The public record on this proposed rule making will be held open until close of business on the date of the hearing 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 written comments should be submitted to Ashwani K. Sharma, Traffic Operations Engineer, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, Wisconsin, 53707-7986.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule. This proposed rule amends Trans 276.07 (10), (10m), (11) and (17); and create Trans 276.07 (34w), Wis. Adm. Code, to add five segments of highway to the designated highway system established under s.
348.07 (4), Stats. The actual highway segments that this proposed rule adds to the designated highway system are:
Hwy. From To
STH 47 STH 29 USH 45
STH 55 STH 64 at Langlade STH 29 at Shawano
CTH “M" STH 32 W. of Suring STH 55
STH 49 STH 29 STH 66 E. of Rosholt
STH 83 IH 94 STH 59 at Genesee
The long trucks to which this proposed rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet, a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s.
348.07 (2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.
The effect of this proposed rule will be to extend the provisions of s.
348.07 (2) (f),
(fm),
(gm) and
(gr), and s.
348.08 (1) (e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highways. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segments. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segments provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on these highway segments provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.
These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.
Fiscal Impact
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 or sewerage district.
Initial Regulatory Flexibility Analysis
The provisions of this proposed rule adding highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes.
Copies of Rule and Contact Person
