Rule-Making Notices (Hearing Notices)

Wisconsin Administrative Register No. 612, 12/31/2006

Rule-making notices

Notice of Hearings

Agriculture, Trade and Consumer Protection

[CR 06-130]

(reprinted from 12/15/06 Wis. Adm. Register)

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed hearing draft to ch. ATCP 112, Wis. Adm. Code, relating to credit report security freezes.

DATCP will hold two public hearings at the times and places shown below. DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Friday, February 2, 2007 for additional written comments. Comments may be sent to the Division of Trade and Consumer Protection at the address below, by email to [e-mail] or online at https://apps4.dhfs.state.wi.us/admrules/public/Home.

You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Trade and Consumer Protection, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling [phone] or emailing [e-mail]. Copies will also be available at the hearings. To view the proposed rule online, go to:

https://apps4.dhfs.state.wi.us/admrules/public/Home

To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to [e-mail] or by telephone at [phone].

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by January 8, 2007, by writing to Michelle Reinen, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, telephone [phone]. Alternatively, you may contact the DATCP TDD at [phone]. Handicap access is available at the hearings.

Hearing Dates and Locations

Thursday, January 18, 2007

1:00 p.m. to 3:00 p.m.

Dept. of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive, Board Room (CR-106)

Madison, Wisconsin, 53718-6777

Friday, January 19, 2007

11:00 a.m. to 1:00 p.m.

Havenwoods State Forest

6141 North Hopkins Street

Milwaukee, Wisconsin 53209-3565

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

This rule implements s. 100.54, Stats. (created by 2005 Wis. Act 140), related to credit report security freezes. This rule clarifies the information that credit reporting agencies may request in order to verify the identity of persons requesting credit report security freezes. Credit reporting agencies must adopt written procedures to comply with s. 100.54, Stats., and this rule.

Statutory Authority: ss. 93.07 (1), 100.54 (12) and 100.20 (2), Stats.

Statutes Interpreted: ss. 100.54 and 100.20 (1), Stats.

The Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP") has broad general authority, under s. 93.07 (1), Stats., to interpret laws under its jurisdiction. Section 100.54 (12), Stats., specifically requires DATCP to adopt rules related to identification required of consumers requesting credit report security freezes. Under s. 100.20 (2), Stats., DATCP may adopt rules (general orders) to prohibit unfair business practices and require fair practices.

Background

Section 100.54, Stats., created by 2005 Wisconsin Act 140, regulates access to consumer credit reports. The law permits a consumer to create a “security freeze" on his or her consumer credit report. A security freeze limits the release and distribution of the consumer credit report. At any time after creating a security freeze, the consumer may ask the credit reporting agency to release the consumer's credit report for a specified period of time, or to terminate the security freeze altogether.

A consumer who asks a credit reporting agency to create or release a security freeze must provide information to verify the consumer's identity. Under s. 100.54(12), Stats., DATCP must adopt rules to define what constitutes proper identification. Under s. 100.20(2), Stats., DATCP may prohibit unfair business practices (including unfair credit reporting practices) and require fair practices.

Rule Contents

This rule defines what constitutes proper identification for a consumer who wishes to place a security freeze on his or her credit report. The rule is consistent with federal law related to proper identification. The rule does all of the following:

• Spells out the information that a credit reporting agency may require of a consumer who asks the agency to create a security freeze, in order to verify the consumer's identity.

• Spells out the information that a credit reporting agency may require of a consumer who asks the agency to release or terminate a security freeze, in order to verify the consumer's identity. The agency may require the same information that it required to create the security freeze and may, in addition, require a password assigned to the consumer when the security freeze was created.

• Requires credit reporting agencies to spell out written procedures for complying with this rule and s. 100.54, Stats.

Fiscal Impact

This rule will have no significant fiscal impact on DATCP or local units of government.

Business Impact

This rule only affects credit reporting agencies by regulating how the agency may identify consumers who request security freezes or changes to their security freeze status. The rule has no effect on a business that is not a credit reporting agency. Currently, there are only 3 credit reporting agencies operating in the United States. None of these are small businesses.

Federal Regulations

The federal Fair Credit Reporting Act of 2003 allows consumers who are victims of identity theft to freeze their credit reports. If a consumer is not a victim of identity theft, they have no option under federal law to place a freeze on their credit report. For victims of identity theft, federal rules under 16 CFR § 614.1 spell out the information that a credit reporting agency may use to verify the identity of consumers who ask the agency to create or release a security freeze. Federal standards are consistent with the standards in s. 100.54, Stats., and this rule.

Regulation in Surrounding States

Approximately 17 states have enacted laws that require consumer credit reporting agencies to freeze consumer credit reports upon request. Under all of those laws, credit reporting agencies may require requesting consumers to submit information to verify their identity. Most states allow credit reporting agencies to demand “information generally deemed sufficient to identify a person." If that information is insufficient, some states allow the consumer reporting agency to request “additional information concerning the consumer's employment and personal or family history in order to verify his or her identity."

Of the states surrounding Wisconsin, Illinois and Minnesota have enacted security freeze legislation. Security freeze legislation has been introduced, but not yet enacted, in Iowa and Michigan.

The Minnesota law took effect on August 1, 2006 and the Illinois law will take effect on January 1, 2006. The Minnesota and Illinois laws, like most other state laws on the subject, allow credit reporting agencies to demand “information generally deemed sufficient to identify a person." If that information is insufficient, Illinois law allows the consumer reporting agency to request “additional information concerning the consumer's employment and personal or family history in order to verify his or her identity."

Notice of Hearings

Agriculture, Trade and Consumer Protection

[CR 06-136]

The state of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed amendment to chapter ATCP 30, Wis. Adm. Code, relating to chloropicrin and metam sodium soil fumigants.

DATCP will hold two public hearings at the times and places shown below. DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Friday, February 9, 2007 for additional written comments. Comments may be sent to the Division of Agricultural Resource Management at the address below, by email to [e-mail] or online at https://apps4.dhfs.state.wi.us/admrules/public/Home.

You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling [phone] or emailing [e-mail]. Copies will also be available at the hearings. To view the proposed rule online, go to:

https://apps4.dhfs.state.wi.us/admrules/public/Home

To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to [e-mail] or by telephone at [phone].

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by January 12, 2007, by writing to Jeff Postle, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, telephone [phone]. Alternatively, you may contact the DATCP TDD at [phone]. Handicap access is available at the hearings.

Hearing Dates and Locations

Tuesday, January 23, 2007

2:00 p.m. to 5:00 p.m.

Wisconsin Department of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive

Madison, WI 53718

Tuesday, January 30, 2007

3:00 p.m. to 7:00 p.m.

Elizabeth Inn

Highway 54 and 51

Stevens Point, WI 54481

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

This rule regulates the use of soil fumigant pesticides containing chloropicrin or metam sodium active ingredients. This rule does all of the following:

Creates new rules to regulate the use of chloropicrin soil fumigants.

Modifies current rules regulating the use of metam sodium soil fumigants. Among other things, this rule relaxes current post-application monitoring requirements and current setback requirements for “tarped" applications.

Statutory Authority

Statutory authority:   ss. 93.07 (1), and 94.69 (1) (i), Stats.

Statutes interpreted:   s. 94.69 (1) (i), Stats.

The Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP") has general authority to adopt rules interpreting statutes under its jurisdiction (see s. 93.07 (1), Stats.). DATCP is specifically authorized to adopt rules under s. 94.69 (1) (i), Stats., to regulate the use of pesticides.

Background

DATCP administers Wisconsin's pesticide laws. Chloropicrin and metam sodium are soil fumigant pesticides, used mainly by potato growers to control nematodes. Under current DATCP rules, persons using metam sodium soil fumigants must take certain steps to prevent human exposure to volatilized fumigant (there are no equivalent rules for chloropicrin applications). Under current metam sodium rules:

Applicators must be properly certified.

No agricultural application may be made within ¼ mile of a hospital, nursing home, jail or prison, or within ¼ mile of a school that will be in session during the application or within 48 hours after the application.

Agricultural application sites must be covered by a tarp or other impermeable barrier, except when the soil fumigant is injected into the soil or applied by specified chemigation procedures. Application by knife rig injection is prohibited when soil temperatures are too high.

Applicators must pre-notify county public health authorities, and neighbors within ¼ mile, prior to any “chemigation" application. “Chemigation" applications must comply with specific rule standards.

Applicators must monitor application sites after the application, and must take appropriate steps to prevent pesticide drift. Applicators must notify Wisconsin emergency management if it appears that pesticide drift may contact residences or public buildings.

Applicators must keep specified records related to metam sodium applications.

Rule Contents

This rule regulates chloropicrin applications in the same way that current rules regulate metam sodium applications (see above). This rule also modifies current metam sodium regulations as follows (the same regulations will apply to chloropicrin):

For “tarped" agricultural applications, this rule reduces the required minimum setback from schools, hospitals, nursing homes, jails and prisons from 1/4 mile to 1/8 mile. For “untarped" agricultural applications, the required minimum setback remains at 1/4 mile.

The setback requirements applicable to schools are also made applicable to licensed daycare facilities. An exception is provided for an application to a plant nursery that was in existence prior to the first date the daycare facility was licensed if the nursery operator provides at least 24 hours prior notice of the application to the daycare facility operator.

This rule relaxes current follow-up monitoring requirements. Under current rules, a certified applicator must inspect the application site 4-6 hours after the application is completed and again 9-12 hours after the application is completed. Under this rule, a certified applicator must only conduct one follow-up inspection, within one hour of sunset on the day of application.

This rule updates current emergency government references, and makes other minor editorial changes.

Federal Regulations

The U.S. Environmental Protection Agency (EPA) regulates pesticides under the Federal Insecticide, Fungicide and Rodenticide Act. Pesticides must be registered with EPA. EPA registers pesticides and pesticide labels for specific uses. The pesticide manufacturer must provide safety, environmental and other data to support the registration. Pesticide labeling must conform to the EPA registration. Federal and state law prohibit sale or use inconsistent with label directions. Wisconsin and other states work with EPA to assure proper use and handling of pesticides.

States may regulate pesticide applications within their own territory. States may act on their own authority (independent of EPA), and may establish use restrictions that go beyond federal label restrictions. Wisconsin currently has restrictions on the use of metam sodium pesticides that go beyond federal label restrictions.

Surrounding State Regulations

Other states, like Wisconsin, regulate pesticide applications generally. However, none of the states surrounding Wisconsin has adopted specific requirements for metam sodium or chloropicrin applications, beyond requirements specified on the federally-approved pesticide labels.

Business Impact

Businesses Affected

This rule regulates commercial pesticide applicators and agricultural producers that apply or receive applications of metam sodium and chloropicrin soil fumigants. Many of the regulated businesses are small businesses, but others are large. Most of the regulated farmers are potato growers.

This rule protects neighboring farms and businesses from adverse effects of improper soil fumigant applications. Many of the protected businesses are small businesses.

Effects on Business

This rule imposes new regulations on the use of chloropicrin soil fumigants (see above). Approximately 71,000 acres of potatoes were planted in Wisconsin in 2004. Chloropicrin is currently applied on approximately 2,000 acres of potatoes and 25 acres of state-owned seedling nurseries in Wisconsin. Chloropicrin applications are made by commercial pesticide applicators that have the equipment and expertise to handle and apply chloropicrin. Chloropicrin-treated acreage is expected to increase due to pest problems and the efficacy of chloropicrin products.

DATCP estimates that this rule will cost $8,000 to $12,000 per year for the industry as a whole, mainly for increased costs of applying chloropicrin to approximately 2,000 acres of potatoes. Increased pesticide applicator costs will generally be passed on to farmers. Most of the farms that use chloropicrin are small businesses, but the single largest user (accounting for approximately 25% of the treated acreage) is not a small business.

This rule relaxes some current requirements related to metam sodium applications (post-application inspection requirements and setbacks for “tarped" applications). Farmers and pesticide application businesses that apply metam sodium soil fumigants may experience a small decrease in costs as a result of these changes.

By establishing clear application standards and procedures, this rule protects neighboring farms, businesses and individuals from improper applications. It also helps protect complying pesticide users from liability for offsite movement.

This rule applies to large and small businesses alike. An exemption for small business would undermine the effectiveness of the rule in preventing human exposure to metam sodium and chloropicrin. This rule will not have a significant adverse economic impact on small business. Therefore, it is not subject to the delayed small business effective date provision in s. 227.22 (2) (e), Stats.

Fiscal Impact

This rule will not have a significant fiscal impact on Wisconsin state or local government. DATCP will incur some costs for compliance monitoring. However, DATCP expects to absorb those costs. The fiscal estimate is based on the current use of chloropicrin in Wisconsin.

Environmental Impact

This rule regulates chloropicrin soil fumigant applications to prevent potentially hazardous off-site movement of volatilized chloropicrin. This will help prevent harm to human beings and sensitive animal species.

This rule will relax some current regulations related to applications of metam sodium soil fumigant (post-application inspection requirements and setbacks for “tarped" applications). However, this relaxation will not significantly reduce current safety protection, and will not have a significant adverse environmental impact.

Notice of Hearings

Natural Resources

[CR 06-132]

NOTICE IS HEREBY GIVEN that pursuant to ss. 30.74 (1) (a), (am) and (b), Stats., interpreting ss. 30.625 (1) (a), 30.678 (1) (d) and 30.74 (1) (a) and (b), Stats., the Department of Natural Resources will hold public hearings on revisions to ss. NR 5.001 and 5.18, Wis. Adm. Code, relating to the mandatory boating education program, temporary certifications and course fees.

2005 Wisconsin Act 356 requires all persons born after 1-1-1989 and who are at least 16 years of age, to possess a WDNR approved boating education course certificate before they may operate any motorboat. There was an exception created for a person who is renting/leasing a motorboat if the person providing the boat gives the renter/leaser instruction on how to operate a motorboat in the manner established by the department by rule. The proposed s. NR 5.18 will establish the minimum standards and procedures for the instruction to be given to comply with ss. 30.625 (1) (a) and 30.74 (1) (am), Stats.

The proposed rule clarifies the minimum age to be eligible for a temporary boating education training and certification will be 16 years of age and that the certification only applies to the operation of boats that are rented or leased by the holder of the certificate. In addition, this rule establishes the process for administering an exam and issuance of a temporary certificate. Motorboat rental businesses will be required to collect a $10 fee for the temporary boating education course of instruction and issuance of the certificate. Similar to fees collected for regular boating education certification courses, the person or business providing the training and administering the exam will be allowed to retain up to 50% of the fee to defray expenses incurred locally to provide the training and issue the temporary certificate. All remaining funds shall be turned in to the department to defray expenses incurred to operate the boating safety program.

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: Businesses that either rent or lease motorboats and choose to participate in this process will be affected.

b. Description of reporting and bookkeeping procedures required: Boat rental agents will be required to keep a log or roster of an individual's name, address and date of birth, the exam score, the date each person's temporary boating education certificate was issued, the total course fees collected and the total fees remitted to the department on a monthly basis, if they participated in the program during the previous month.

c. Description of professional skills required: No additional professional skills are required.

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, January 24, 2007 at 10:00 a.m.

Room 151, Waukesha State Office Building, 141 NW Barstow St., Waukesha

Wednesday, January 24, 2007 at 2:30 p.m.

Bluff and Prairie Rooms, DNR South Central Region Hdqrs., 3911 Fish Hatchery Road, Fitchburg

Thursday, January 25, 2007 at 10:00 a.m.

Main Conference Room, DNR Wausau Service Center, 5301 Rib Mountain Road, Wausau

Thursday, January 25, 2007 at 3:00 p.m.

Room 185, DNR West Central Region Hdqrs., 1300 W. Clairemont, Eau Claire

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 Kristin Turner at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

There will be an increase in costs and revenue to initiate this program.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Roy Zellmer, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until February 1, 2007. 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 Ms. Kristen Turner, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707.

Notice of Hearings

Natural Resources

[CR 06-133]

NOTICE IS HEREBY GIVEN that pursuant to ss. 30.52 (3g) (b) and 227.11 (2) (a), Stats., interpreting ss. 30.50 (2) (a) 2., 30.51 (2) (a) 8., 30.52 (3g) and 30.68 (9), Stats., the Department of Natural Resources will hold public hearings on revisions to ss. NR 5.001 and 5.01, Wis. Adm. Code, relating to registration of boats used exclusively to make advertisements and creating definitions.

The Wisconsin Legislature passed 2005 Wisconsin Act 481 which took effect on June 14, 2006. This Act exempts boats from the need to pay a fee to be registered and issued a certificate of number when the boat is used exclusively as part of an advertisement being made for the manufacturer of the boat. The department is required under s. 30.52 (3g) (a), Stats., to promulgate rules for the issuance of a free certificate of number for such boats. The proposed rule will establish the procedure for applying for and issuance of a free 15-day boat registration/certificate of number.

In addition, this rule creates three new definitions to clarify terms used in ch. 30, Stats. The terms are: “lifeboat", safe carrying capacity" and “recommended number of persons". Clarification of these terms will reflect how they have traditionally been interpreted and enforced by the department and will assist the public in understanding the law.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. 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, January 24, 2007 at 10:00 a.m.

Room 151, Waukesha State Office Building, 141 NW Barstow St., Waukesha

Wednesday, January 24, 2007 at 2:30 p.m.

Bluff and Prairie Rooms, DNR South Central Region Hdqrs., 3911 Fish Hatchery Road, Fitchburg

Thursday, January 25, 2007 at 10:00 a.m.

Main Conference Room, DNR Wausau Service Center, 5301 Rib Mountain Road, Wausau

Thursday, January 25, 2007 at 3:00 p.m.

Room 185, DNR West Central Region Hdqrs., 1300 W. Clairemont, Eau Claire

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 Kristin Turner at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

There will be an increase in costs for this program.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Roy Zellmer, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until February 1, 2007. 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 Ms. Kristen Turner, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707.

Notice of Hearings

Natural Resources

[CR 06-131]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.089 (3) and 29.177 (3m), Stats., interpreting ss. 29.014, 29.024 (6), 29.089 (3), 29.173 (3), 29.177 and 29.181, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 10, Wis. Adm. Code, relating to deer hunting season and permit issuance regulation changes. Part of the 2006 deer rule package that was implemented this fall was the result of a Joint Committee for Review of Administrative Rules (JCRAR) motion requesting that the Department agree to a 1-year experiment with the antlerless only December 4-day gun deer hunt north of Hwy. 8. As a result, the 4-day antlerless only December gun deer hunt starting the second Thursday after Thanksgiving in Deer Management Units north of Hwy. 8 was limited to a 1-year trial in 2006. In order for the December gun hunt to continue in those Deer Management Units beyond 2006, the Department must modify the rule.

The Department will hold public hearings on removing the 1-year sunset on this December deer hunt for the fall of 2007. This does not mean the decision has been made. The Department will hold public hearings and collect and analyze data this winter before making a recommendation for final adoption. The rule process requires that the rule be initiated before the 2006 December 4-day antlerless gun deer hunt occurs.

The rule language authorizing the special youth gun deer hunt event is modified to clarify Earn-a-buck and CWD tagging requirements during the event.

The proposed rule also includes several housekeeping changes pertaining to deer hunting in several state parks. The rule does not establish new deer seasons, rather it correctly codifies seasons that have existed in the parks in previous years. In drafting the 2006 deer hunting rule, major revisions to ch. NR 10 took place to consolidate complicated state park deer hunting rule language. During the consolidation, several drafting errors and omissions occurred. These housekeeping changes are included to correct those drafting errors.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. 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:

Tuesday, January 16, 2007 at 6:00 p.m.

Auditorium, James Williams Middle School, 915 Acacia Lane, Rhinelander

Wednesday, January 17, 2007 at 6:00 p.m.

Board Room, Park Falls City Hall, 400 Fourth Avenue South, Park Falls

Tuesday, January 23, 2007

Gathering Waters Room, DNR South Central Region Hdqrs., 3911 Fish Hatchery Road, Fitchburg

Fiscal Impact

None anticipated.

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 Keith Warnke at 608-264-6023 with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Keith Warnke, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until February 1, 2007. 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. Warnke.

Notice of Hearings

Natural Resources

[CR 06-134]

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.33 (5) (d), 227.11 (2) (a) and 350.055, Stats., interpreting ss. 23.33 (4) (d) and 350.055, Stats., the Department of Natural Resources will hold public hearings on the amendment of s. NR 19.50, Wis. Adm. Code, relating to establishing specialized fees for Internet based ATV and snowmobile safety certification programs. Section NR 19.50 currently establishes a $10.00 student fee for programs taught in a classroom setting. The department may authorize the instructors to retain up to 50% of the fee to defray incurred expenses. The remaining funds are turned into the department to defray operation expenses.

The proposed rule will provide a specialized fee for Internet based ATV and snowmobile courses. When the course is managed by an outside entity pursuant to a memorandum of understanding (MOU) with the department, the fee will be established in the MOU. The established fee shall be adequate to defray operational expenses the outside entity incurs as well as operational expenses incurred by the department.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. 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, January 24, 2007 at 10:30 a.m.

Room 151, Waukesha State Office Building, 141 NW Barstow St., Waukesha

Wednesday, January 24, 2007 at 3:00 p.m.

Bluff and Prairie Rooms, DNR South Central Region Hdqrs., 3911 Fish Hatchery Road, Fitchburg

Thursday, January 25, 2007 at 10:30 a.m.

Main Conference Room, DNR Wausau Service Center, 5301 Rib Mountain Road, Wausau

Thursday, January 25, 2007 at 3:30 p.m.

Room 185, DNR West Central Region Hdqrs., 1300 W. Clairemont, Eau Claire

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 Kristin Turner at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

it is not possible to determine the exact impact of the internet-based safety certification courses for ATV and snowmobile. It is assumed the decrease in revenue will be offset by the decreased costs of administering the safety courses, such as mailing student safety materials to volunteer safety instructors, updating the DNR website to reflect current listings, and filing and computer entry of safety class and student information.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Gary Eddy, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until February 1, 2007. 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 Ms. Kristen Turner, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707.

Notice of Hearing

Transportation

[CR 06-135]

NOTICE IS HEREBY GIVEN that pursuant to ss. 85.16 (1), 110.06, 218.0152, and 227.11 (2), Stats., and interpreting ch. 218, Stats., the Department of Transportation will hold a public hearing in Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 18th day of January, 2007, at 10:00 AM, to consider the amendment of ch. Trans 138, Wisconsin Administrative Code, relating to dealer facilities, records and licenses.

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 is available.

Analysis Prepared by the Wisconsin Department of Transportation

Statutes interpreted: Ch. 218, Stats.

Statutory authority: ss. 85.16 (1), 110.06, 218.0152, 227.11 (2), Stats.

Explanation of agency authority: The Department licenses and regulates motor vehicle dealers. This rule making deals with the topic of sales facility locations.

Related statute or rule: Ch. 218, Stats., Ch. Trans 138 and 139, Wis. Admin. Code.

Plain language analysis: This rule amendment relates to temporary sales locations, such as at fairs or auto shows, by licensed Wisconsin motor vehicle dealers. Chapter Trans 138 requires that licensed dealers maintain business facilities in the state. In addition, ch. Trans 138 allows licensed Wisconsin dealers to conduct a certain number of sales at temporary sales locations during a year.

Recently, ch. Trans 138 was amended to permit out-of-state motor vehicle sellers, such as Internet vendors, to be licensed as dealers in this state and to sell vehicles to Wisconsin residents via the Internet or similar methods without having to maintain business facilities in the state.

This rule making clarifies two points. First, a licensed Wisconsin motor vehicle dealer's business facilities must be a permanent building in the state of Wisconsin. Second, persons who avail themselves of the out-of-state dealer licensing provisions available to internet sellers may not conduct face-to-face sales in Wisconsin without first obtaining permanent facilities in this state like any other Wisconsin based dealership. To conduct face-to-face sales within the state, a dealer must have a permanent facility in this state.

Summary of, and preliminary comparison with, existing or proposed federal regulation: Motor vehicle dealers are not licensed by the federal government.

Comparison with Rules in Adjacent States:

Michigan: Requires dealers to be licensed and to have an established place of business in the state. Temporary sales locations require an additional application and 30 days notice. Different procedures are required depending if the temporary location is inside or outside the Michigan county of licensure.

Minnesota: Requires dealers to be licensed and to have an established place of business in the state. Requires notification by the dealer to the Department of Public Safety of temporary sales locations. Non-Minnesota dealers are ineligible to participate in face-to-face sales at temporary locations in Minnesota.

Illinois: Requires dealers to be licensed and to have an established place of business in the state. Sales at temporary sales locations are permitted. An application and fee are required.

Iowa: Requires dealers to be licensed and have an established place of business in the state. Temporary sales locations or display at “Fair," “Vehicle Show," or “Vehicle Exhibition" requires an application and fee. The Department (Transportation) may grant a variance from the requirements of these rules and grant a special limited permit for the display only of motor homes or travel trailers at a convention sponsored by an established national association, if the Department determines that granting the permit would not encourage evasion of these rules and that the public interest so demands. The Department may impose alternative permit requirements.

Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen: There is currently one out-of-state dealer with Wisconsin dealer license that is exempt from Wisconsin's business facility requirement. From October 1, 2003, to September 30, 2005, there were nine out-of-state dealers that were exempt from the business facility requirement. None currently has approval to conduct sales at a temporary sales location. Of these nine out-of-state dealers, nine had previously received approval to conduct sales at temporary sales locations. All approvals have expired.

Analysis and supporting documentation used to determine effect on small businesses: This rule will affect any out-of-state dealers who are required to have a Wisconsin motor vehicle dealer license in order to sell to Wisconsin residents via face-to-face sales. This rule making will require such dealers to establish permanent offices in this state. So long as these dealers confine their sales to Internet, telephone or other remote sale methods, those dealers will be exempt from requirement of keeping a Wisconsin business facility. Such dealers will, however, be prohibited from selling vehicles at temporary sales locations, fairs and conventions. There are no businesses that hold a Wisconsin dealer license and are exempt from business facility requirement, which are currently allowed to hold sales at temporary sales locations.

Effect on small business: This proposed rule will have no impact on licensed Wisconsin motor vehicle dealers who have business facilities in Wisconsin and sell to Wisconsin residents. These businesses will continue to be able to sell vehicles at temporary sales locations. This proposed rule will affect businesses that hold a Wisconsin dealer license, are not located in Wisconsin, and are currently exempt from the Wisconsin business facility requirement. There are currently no businesses in this situation.

This rule making may also limit out-of-state participants at car shows, conventions and fairs from selling motor vehicles at those events without first establishing Wisconsin business facilities. The Department's Regulatory Review Coordinator may be contacted by e-mail at [e-mail], or by calling [phone].

Fiscal effect and anticipated costs incurred by private sector: No fiscal impact on any local government. No fiscal impact or anticipated costs incurred by the private sector as a result of this rule.

Agency 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 Carson Frazier, Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at [phone].

To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.

TEXT OF PROPOSED RULE

SECTION 1. Trans 138.03 (1) (a) (intro.) and (6) are amended to read:

Trans 138.03 (1) (a) (intro.) A permanent building in this state wherein there are facilities for:

(6) A motor vehicle dealer who is not located in this state, who accepts vehicle purchase orders or lease agreements placed by fax, telephone, the Internet, mail, or some other remote means from persons within this state, and who delivers vehicles to persons within this state is exempt from the dealer business facilities requirements of sub. (1), provided that the dealer maintains a business office in another jurisdiction at which the books, records and files pertaining to vehicle sales or leases to persons in this state are maintained and the dealer makes these documents available to the department for inspection upon demand. Nothing herein shall be construed to exempt the dealer from the license requirement of s. 218.0114 (1), Stats.

SECTION 2. Trans 138.08(5) is created to read:

Trans 138.08 (5) The dealer maintains a permanent facility in this state in the manner required by s. Trans 138.03 (1) (a).

NOTE: Dealers without permanent facilities in the state may not conduct any sales in this state, including sales at temporary locations, except as provided in s. Trans 138.03 (6).