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, Wisconsin Administrative Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:
July 12, 2006
Department of Transportation
Hill Farms State Transportation Office
Room 501, Eau Claire Room
Madison, WI
10:00 AM
(Parking is available for persons with disabilities)
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.
Analysis Prepared by the Wisconsin Department of Transportation
Plain Language Analysis and Summary of, and Preliminary Comparison with, Existing or Federal Regulation. In the Surface Transportation Assistance Act of 1982 (STAA), the federal government acted under the Commerce clause of the United States Constitution to provide uniform standards on vehicle length applicable in all states. The length provisions of STAA apply to truck tractor-semitrailer combinations and to truck tractor-semitrailer-trailer combinations. (See Jan. 6, 1983, Public Law 97-424, § 411) The uniform standards provide that:
• No state shall impose a limit of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination.
• No state shall impose a length limit of less than 28 feet on any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination.
• No state may limit the length of truck tractors.
• No state shall impose an overall length limitation on commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations.
• No state shall prohibit operation of truck tractor-semitrailer-trailer combinations.
The vehicles authorized by the STAA may operate on the national system of interstate and defense highways and on those federal aid primary highways designated by regulation of the secretary of the United States Department of Transportation. In 1984 the USDOT adopted
23 CFR Part 658 which in Appendix A lists the highways in each state upon which STAA authorized vehicles may operate. Collectively these highways are known as the National Network. In
1983 Wisconsin Act 78, the legislature enacted §
348.07 (4), Stats., which directs the Wisconsin Department of Transportation to adopt a rule designating the highways in Wisconsin on which STAA authorized vehicles may be operated consistent with federal regulations.
The Department of Transportation first adopted ch.
Trans 276 of the Wisconsin Administrative Code in December of 1984. The rule is consistent with
23 CFR Part 658 in that the Wisconsin rule designates all of the highways in Wisconsin that are listed in
23 CFR Part 658 as part of the National Network for STAA authorized vehicles. The federal regulation does not prohibit states from allowing operation of STAA authorized vehicles on additional state highways. The rule making authority granted to the Wisconsin Department of Transportation in §
348.07(4), Stats., allows the DOT to add routes in Wisconsin consistent with public safety. The rule making process also provides a mechanism to review requests from businesses and shipping firms for access to the designated highway system for points of origin and delivery beyond 5 miles from a designated route. A process to review and respond to requests for reasonable access is required by
23 CFR Part 658.
This rule amends Trans 276.07(25), Wisconsin Administrative Code, to add one segment of highway to the designated highway system established under s.
348.07(4), Stats. The actual highway segment
1 that this rule adds to the designated highway system is:
Hwy. From To
STH 180 STH 64 at Marinette USH 141 in Marinette Co.
The long trucks to which this 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
2, 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 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 segment 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 highway. 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 segment. 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 segment provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on this highway segment 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.
2005 Wisconsin Act 363.
2005 Wis. Act 363 amends s.
348.07(4), Stats., effective August 1, 2006. That Act also requires the Department to promulgate emergency and permanent rules governing long trucks. It's effect on this proposed rule change has not been determined.
Comparison with Rules in Adjacent States
None of the states adjacent to Wisconsin (Michigan, Minnesota, Illinois and Iowa) have administrative rules relating to long truck routes in their states.
Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen
Due to the federal requirement that requests for access to the designated highway system in a state be decided within 90 days of the request, a proposed rule making to add requested routes is initiated without investigation. The public hearing and Department investigation undertaken in preparation for the hearing provide the engineering and economic data needed to make a final decision on whether to withdraw the proposal or proceed to final rule making.
Small Business Analysis
The provisions of this rule adding a highway segment 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. The Department's Regulatory Review Coordinator may be contacted by e-mail at
andrew.ruiz@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Effect and Anticipated Costs Incurred by Private Sector
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 or private sector revenues or liabilities.
Contact Person and Place Where Comments are to be Submitted and Deadline for Submission
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Ashwani Sharma, Department of Transportation, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, WI 53707-7986. You may also contact Mr. Sharma by phone at (608) 266-1273.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
84.01 (13), amended by
2005 Wis. Act 89, Stats., interpreting s.
84.01 (13), Stats., the Department of Transportation will hold a public hearing on the
8th day of August, 2006, at the Hill Farms State Transportation Building, Room 951, 4802 Sheboygan Avenue, Madison, WI, at
10:00 AM, to consider the emergency rule creation of ch.
Trans 515, Wisconsin Adm. Code, relating to contractual service procurement.
Parking for persons with disabilities and an accessible entrance are available.
Copies of Emergency Rule
Requests for copies of the emergency rule should be submitted to Randy Knoche, Department of Transportation, Bureau of State Highway Programs, Room 951, P. O. Box 7913, Madison, WI 53707-7913. You may also contact Mr. Knoche by phone at (608) 266-1824.
To view the emergency rule or the proposed permanent rule, or submit written comments on the permanent rule via e-mail/internet, you may visit the following website:
Analysis Prepared by the Department of Transportation
Explanation of agency authority: The Department of Transportation is authorized to execute contracts for engineering and other services under s.
84.01(13), Stats. That statute also requires the Department to conduct a cost-benefit comparison of having that work performed by state employees, if the contract will cost $25,000 or more. In addition to promulgating permanent rules, Act 89 requires the Department to promulgate emergency rules on this subject not later than July 1, 2006, and requires the Department to conduct this comparison for all contractual services solicited on or after July 1, 2006.
Plain language analysis: The proposed rule requires a cost benefit analysis before procuring engineering or other specialized services under s.
84.01(13), Stats., in excess of $25,000 when those services are normally performed by state employees. The required analysis includes a comparison between the costs of contracting out and performing the services with state employees. The analysis also considers other subjective factors such as timeliness, quality and technical expertise.
Factual data and analytical methodologies: 2005 Wisconsin Act 89 requires the Department to promulgate this rule.
Comparison with Rules in Adjacent States:
Michigan: Department legal counsel is unaware of and was unable to locate any rules in this state pertaining to this subject.
Minnesota: Department legal counsel is unaware of and was unable to locate any rules in this state pertaining to this subject.
Illinois: Department legal counsel is unaware of and was unable to locate any rules in this state pertaining to this subject.
Iowa: Iowa Code sec. 23A.2 (2205) prohibits the state from offering to the public any supply or service that is also offered by private enterprise. This prohibition does not apply to supplies or services to be used or consumed solely by the state. There appears to be no requirement that the state compare costs and benefits of obtaining services by state employees or private enterprise.
Small Business Analysis
The proposed rule does not affect the amount or quality of engineering or specialized services procured from private enterprise and therefore is expected to have no effect on small businesses.
The requirements of the rule will be implemented by Department employees and will have no effect on external parties including small business. The Department's Regulatory Review Coordinator may be contacted by e-mail at
andrew.ruiz@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Effect
The Department estimates that compliance with
2005 Wisconsin Act 89 will cost it $217,000 per year. No similar costs will be borne by the private sector.
Notice of Hearing
Workforce Development
(Unemployment Insurance)
NOTICE IS HEREBY GIVEN that pursuant to Sections
108.04 (2),
108.14 (2) and
227.11, Stats. the Department of Workforce Development proposes to hold a public hearing to consider rules affecting Ch.
DWD 127, relating to the unemployment insurance work search.
Hearing Information
July 25, 2006
|
MADISON
|
(Tuesday)
1:30 p.m.
|
G.E.F. 1 Building
Room H306
201 E. Washington Ave.
|
Interested persons are invited to appear at the hearings and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
Explanation of agency authority. Section
108.04 (2) (a) 3., Stats., provides that a claimant is eligible for unemployment benefits as to any given week for which he or she earns no wages if, among other things, the individual conducts a reasonable search for suitable work during that week. The search for suitable work must include 2 actions that constitute a reasonable search as prescribed by rule of the department. Section
108.04 (2) (b), Stats., provides that the requirements for registration for work and search for work shall be prescribed by rule of the department, and the department may by general rule waive these requirements under certain stated conditions. Section
108.14 (2), Stats., provides that the department may adopt and enforce all rules which it finds necessary or suitable to carry out Chapter
108, Stats., regarding unemployment insurance.
Summary of proposed rule. Section
108.04 (2), Stats., provides that an unemployment insurance claimant must conduct a reasonable search for suitable work. The department may waive this requirement under certain stated conditions. Chapter
DWD 127 currently provides that the department
shall waive the work search requirement for a given week if certain specified circumstances apply to a unemployment insurance claimant and
may waive the work search requirement for a given week when others apply. The proposed rule will make all waivers of the work search requirement mandatory if any of the specified circumstances apply.
The proposed rule will also modify two of the waiver criteria. Currently, the department may waive a claimant's work search requirement if the claimant has a reasonable expectation of starting work with a new employer within 4 weeks after the week in which he or she initiates a claim or in which an eligibility review is conducted. Under the proposed rule, the department will waive the work search requirement if the claimant has an offer of work that begins within 4 weeks regardless of when this occurs. In addition, currently the department waives a claimant's work search requirement if the claimant's most recent employer failed to post or maintain any notice as to claiming unemployment benefits. Under the proposed rule, this provision will be modified to clarify that this waiver criteria does not apply if the claimant was aware of the work search requirement.
The proposed rule will also make various technical corrections. Section
108.04 (1) (e), Stats., as affected by
2005 Wisconsin Act 86, repeals the provision that self-employed individuals shall not be eligible for benefits for any week in which the individual worked at self-employment, unless the individual establishes that he or she has made an active and bona fide search for employment. Self-employed claimants are now subject to the same work search requirements and waivers as non-self-employed claimants. The proposed rule will repeal s.
DWD 127.09 relating to the definition of self-employment.
Section
108.04 (2) (a) 3. (intro.), Stats., as affected by
2003 Wisconsin Act 197, provides that the work search requirement does not apply to an individual if the department determines that the individual is currently laid off from employment with an employer but there is a reasonable expectation of reemployment of the individual by that employer. The proposed rules will repeal an obsolete provision at s.
DWD 127.02 (2) that limited the work search waiver based on a reasonable expectation of reemployment to 12 weeks after the claimant initiated the claim or 6 weeks after an eligibility review is conducted. The proposed rule will also repeal an obsolete provision at s.
DWD 127.035 that limited the work search waiver to 18 months under certain conditions when the layoff was due to a disaster or the temporary closing of the employer's worksite for refurbishing or relocation of the worksite and the department believed that a customary work search would impose a hardship on employers in the labor market and would not be likely to result in suitable employment for a substantial number of the affected employees.
In addition, the proposed rule will update certain rule provisions to reflect changes in
1999 Wisconsin Act 15. Section
108.04 (2) (a) 3., Stats., as affected by
1999 Wisconsin Act 15, provides that the requirement that the individual conduct a reasonable search for work during the week must include 2 actions that constitute a reasonable search. The current s.
DWD 127.01 does not specify 2 actions. The proposed rule will also repeal an obsolete statutory reference to s.
108.04 (7) (i), Stats., in s.
DWD 127.01 (2) (b). This rule provision allows a claimant to refuse to apply for work with an employer if the claimant previously terminated employment with the same employer with good cause attributable to the employer under s.
108.04 (7) (b), Stats., or because the employer made employment, compensation, promotion or job assignments contingent upon the employee's consent to sexual contact or sexual intercourse under s. 108.04 (7) (i), Stats.
1999 Wisconsin Act 15 repealed s. 108.04 (7) (i), Stats., and amended s. 108.04 (7) (b) to include sexual harassment.
The proposed amendment to s.
DWD 127.04 (1) clarifies that the department may notify a claimant that evidence of his or her work search will be required for a future week, as well as past weeks. Sections DWD 127.05 (2) and (3) on the requirement to report work search efforts are repealed because they duplicate requirements found in other sections of Chapter DWD 127.
Summary of factual data and analytical methodologies. The criteria for a mandatory waiver of the work search requirement in s.
DWD 127.03 and the permissive waiver criteria in s.
DWD 127.02 are combined into one section of mandatory criteria to better reflect current department informal practice to always grant a waiver when any of the specified conditions are met.
The requirement to grant a waiver of the work search requirement when the claimant's last employer failed to post the required notice on claiming insurance is amended to clarify that the claimant must have been unaware of the work search requirement. This amendment is in response to a decision by the Labor and Industry Review Commission that found that the current language requires a waiver even after the department notifies a claimant of the work search requirement.
Other changes are primarily statutory updates and clarifications of rule language.
Comparison with federal law
There is a federal requirement that UI claimants search for work, but there is no federal law on the specific issues addressed in the proposed rule.
