Rule-Making Notices (Hearing Notices)

A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at
http://adminrules.wisconsin.gov or by contacting the contact person listed below.

Contact Person

Gary Nelson, IDP Coordinator

DHFS – Bureau of Mental Health and Substance Abuse Services

1 West Wilson St., Rm. 437

P.O. Box 7851

Madison, WI 53707-7851

Phone: [phone]

Email: [e-mail]

Notice of Hearings

Natural Resources

(Fish, Game, etc.)

[CR 06-039]

(reprinted and amended from the 4/30/06 Register)

NOTICE IS HEREBY GIVEN that pursuant to ss. 30.62 (2) (d) 2. and 227.11 (2) (a), Stats., interpreting s. 30.62 (2) (b) and (2) (d) 2. and 3., Stats., the Department of Natural Resources will hold public hearings on the creation of s. NR 5.125 (1) (d), Wis. Adm. Code, relating to sound testing methods for airboats. Section 30.62 (2) (a), Stats., requires all boat sounds to meet the level of 86 db or less in order to be legal. The current tests that the department uses are designed for motor exhaust noise or they are not safe to perform on airboats or hovercraft type boats when measuring noise other than muffler or exhaust noise. In 2005, the department was notified of concerns that it was not enforcing the noise requirements on airboats that we apply to all other boats. Currently, airboats and hovercraft have to meet the 86 db sound level as it relates to their engine exhaust noise, but there is no test that would allow for the safe testing of the propeller and fan noise. The proposed rule change in the testing process would utilize Society of Automotive Engineers Test J1970 but would take in consideration the safety concerns when testing propeller and fan types of watercraft. The test contains step-by-step instructions for measuring noise from boats.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Commercial trappers and fishers

b. Description of reporting and bookkeeping procedures required: None

c. Description of professional skills required: None

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

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

Wednesday, May 24, 2006 at 11:00 a.m. until the conclusion of public comments

Sheriff's Dept. Basement, Crawford County Courthouse

220 N. Beaumont St.

Prairie du Chien

Wednesday, May 24, 2006 from 3:00 p.m. to 6:00 p.m.

Room 130, Todd Wehr Memorial Library

900 Viterbo Drive

La Crosse

[New Hearing Added]

Thursday, June 1, 2006 at 10:00 a.m.

Room 613, GEF 2

101 S. Webster St.

Madison

Thursday, June 1, 2006 at

Teleconference participation will be available at:

Room 311, Wisconsin Indianhead Technical College

2100 Beaser Avenue

Ashland

2:00 p.m. until the conclusion of public comments.

Room 116B, Forest R. Polk Library

UW-Oshkosh

800 Algoma Blvd.

Oshkosh

3:00 p.m. until the conclusion of public comments

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

Fiscal Estimate

If the new testing procedure is passed the public will expect law enforcement agencies who do boating enforcement to enforce this law on prop driven type boats within their jurisdiction. While this will increase the workload of these agencies, it is anticipated that the increase workload will be minimal and can be accomplished in the daily operations of these patrols.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. William Engfer, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 9, 2006. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Engfer.

Notice of Hearing

Public Service Commission

[CR 06-046]

Hearing Date: Wednesday, June 7, 2006 at 10:00 a.m.

Hearing Location: Public Service Commission, 610 North Whitney Way, Madison, WI

Comments Due: Tuesday, June 13, 2006 – Noon

FAX Due: Monday, June 12, 2006 – Noon

Address comments to:

Sandra Paske, Secretary to the Commission

Public Service Commission

P.O. Box 7854

Madison, WI 53707-7854

FAX [phone]

The Public Service Commission of Wisconsin adopts an order to repeal ch. PSC 7, 8.07 (8) to (10) and (12), 104.01 (1), 115.02 (2), 133.01 (1), 136.01 (1), 136.04 (1) (a), (g) and (j), 165.01 (1), 165.081 (6) (c), 166.03, 168.08, ch. 170, 171.03 (2), 171.05, the note following 171.10 (2), and ch. 172; to renumber PSC 115.02 (1), 134.13 (1) (a) 1. to 15. and 134.13 (1) (b) to (j), and 171.03 (1) (intro.) and (a) to (f); to renumber and amend PSC 115.02 (1) (a) to (e); to amend PSC 104.04 (4), 113.0301 (10) (c) 4., 134.13 (1) (a) (intro.), 136.04 (1) (b) to (f), (h) and (i), 164.01, 166.015, 166.07, 166.11; and to create PSC 134.13 (1) (a) 1. to 7. and 134.13 (b) (intro.); relating to assessments attributable to acid deposition studies and monitoring activities, the regulation of certain wireless telecommunications providers, radio common carriers, the repeal of obsolete language and the updating of rule language to be in conformity with current drafting conventions.

Analysis Prepared by the Public Service Commission

Statutory authority: ss. 196.02 (3) and 227.11 (2), Stats.

Wis. Admin. Code ch. PSC 7 deals with assessments attributable to acid deposition studies and monitoring activities. The statute implemented by Wis. Admin. Code ch. PSC 7 was repealed by 1997 Wis. Act 27. Therefore, there is no reason to retain this administrative rule.

Wis. Admin. Code ch. PSC 172, which deals with the regulation of certain wireless telecommunications providers, was nullified when the Wisconsin Telecommunications Act was passed. That Act ended, with very limited exceptions, the Commission's jurisdiction over wireless providers. Wis. Admin. Code ch. 170 deals with radio common carriers, a category of telecommunications providers that no longer exists. Therefore, there is no reason to retain these administrative rules.

A variety of other changes are made to bring rule language into conformity with current drafting conventions or to eliminate obsolete language.

TEXT OF PROPOSED RULE

SECTION 1. PSC 7 is repealed.

SECTION 2. PSC 8.07(8) to (10) and (12) are repealed.

This rule making amends ch. Trans 152, relating to Wisconsin Interstate Fuel Tax and International Registration Plan programs. The rule making clarifies Department policies regarding application requirements, business location, collections, and overdue billings. The rule making also reflects a statutory change in 1999 Wis. Act 145 that transfers appeals of certain determinations of the Department of Transportation from the Division of Hearings and Appeals to the Tax Appeals Commission.

SECTION 4. PSC 104.04(4) is amended to read:

PSC 104.04(4) The utility shall notify the commission of accidents to employes employees resulting in more than 3 days' disability. Advice given promptly by the utility that notice has been given to the industrial commission workers' compensation division of the department of workforce development shall be deemed considered compliance with this subsection.

SECTION 5. PSC 113.0301(10)(c)4. is amended to read:

PSC 113.0301(10)(c)4. A statement that residential utility service will be continued during serious illness or protective services emergency if the occupant submits a statement or notice pursuant to sub. (12) (13).

SECTION 6. PSC 115.02(1) is renumbered 115.02.

SECTION 7. PSC 115.02(1)(a) to (e) is renumbered 115.02(1) to (5) and amended to read:

PSC 115.02(1) Wisconsin electric power company Electric Power Company.

(2) Wisconsin public service corporation Public Service Corporation.

(3) Wisconsin power and light company Power and Light Company.

(4) Northern states power company of Wisconsin States Power Company.