Rule-Making Notices (Hearing Notices)

NOTICE IS HEREBY GIVEN that pursuant to section 560.125 (5m) of the Statutes, the Department of Commerce will hold a public hearing on proposed rules in chapter Comm 131, relating to diesel truck idling reduction grants, and affecting small business.

Hearing Information

The public hearing will be held as follows:

Date and Time:	Location:
May 27, 2008 Tuesday 9:30 a.m.	Thompson Commerce Center Third Floor, Room 3B 201 West Washington Avenue Madison, Wisconsin

This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at [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 a request from a person with a disability.

Submission of Written Comments

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until June 2, 2008, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. E-mail comments should be sent to [e-mail]. If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.

Copies of Proposed Rule

The proposed rules and an analysis of the rules are available on the Internet by entering “Comm 131" in the search engine at the following Web site: http://adminrules.wisconsin.gov. Paper copies may be obtained without cost from Tom Coogan at the Department of Commerce, Bureau of Entrepreneurship, P.O. Box 7970, Madison, WI 53707-7970, or at Thomas.Coogan@ Wisconsin.gov, or telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Agency Contact Person

Tom Coogan, Wisconsin Department of Commerce, Bureau of Entrepreneurship, P.O. Box 7970, Madison, WI, 53707-7970; telephone [phone]; e-mail [e-mail]

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or at [e-mail].

Analysis Prepared by Dept. of Commerce

Statutes interpreted

Section 560.125

Statutory authority

Section 560.125 (4) (f) and (5m), Stats.

Explanation of agency authority

Section 560.125 (5m) of the Statutes requires the Department to promulgate rules for administering a diesel truck idling reduction grant program under section 560.125 of the Statutes. Section 560.125 (4) (f) of the Statutes authorizes the Department to impose conditions on the receipt of grants issued in this program.

Related statute or rule

Chapter Comm 48 regulates petroleum products, including diesel fuels, in Wisconsin.

Summary of rule

The proposed rules would make chapter Comm 131 consistent with the changes that were made to section 560.125 of the Statutes by 2007 Wisconsin Act 20. Prior to this Act, and under the current rules that have been in effect since July 1, 2006, (1) an approved applicant paid 30 percent of the eligible costs for each idling reduction unit, unless the Department required payment of a higher percentage; (2) the Department annually funded units for a limited percentage of an applicant's truck tractors, and the percentage decreased as the number of owned tractors increased from 1 to 500; (3) the Department annually funded up to the greater of either 25 units or units for 5 percent of the owned truck tractors, for an applicant who owned and operated from 501 to 2500 truck tractors; and (4) the Department annually funded units for up to 3 percent of the owned truck tractors, for an applicant who owned and operated more than 2500 truck tractors.

Under the changes enacted in 2007 Act 20, (1) the applicant must pay at least 50 percent of the eligible costs for each idling reduction unit, (2) the 25-unit limit is now 30 units, (3) the limit for more than 2500 truck tractors is now the greater of either 3 percent or 125 units, and (4) the annual limit on the number of units that an applicant could receive funding for, which was applied during each of the first two years of the program, is now the limit for the period from July 1, 2007, to June 30, 2011.

Comparison with federal regulations

Various federal regulations address efforts to decrease emissions of air contaminants or to decrease the use of energy, by motor vehicles.

Particularly pertinent to the proposed rules is a regulation published by the U.S. Environmental Protection Agency (EPA) in the January 18, 2001, Federal Register, under Title 40, Parts 69, 80, and 86, in the Code of Federal Regulations. Through this regulation, the EPA has established a comprehensive national control program for reducing particulate matter and nitrogen-oxide emissions from new heavy-duty diesel engines by 90 percent and 95 percent below current standard levels, respectively. This national program includes stringent, new emission standards that took effect in model year 2007, and a corresponding significant reduction of the level of sulfur in diesel fuels, which is needed to enable engine components to consistently meet the emission standards.

Extensive federal efforts related to this national program are also underway for reducing these emissions from existing diesel engines by reducing diesel engine idling – such as (1) the EPA's National Clean Diesel Campaign, which is aggressively promoting diesel idling reduction nationwide; (2) the National Transportation Idle-Free Corridors project, as sponsored by the EPA's SmartWay™ Transport Partnership, which aims to eliminate all unnecessary long-duration diesel truck and locomotive idling at strategic points along major transportation corridors; (3) the Clean Cities Program in the U.S. Department of Energy (DOE), which includes addressing research and development for diesel idling reduction technologies, and corresponding funding of national and state-level demonstration projects; (4) the National Idling Reduction Network News, as published monthly by the DOE's Argonne National Laboratory, which summarizes current events and developments nationwide relating to diesel idling reduction; and (5) the Congestion Mitigation and Air Quality Improvement Program in the U.S. Department of Transportation's Federal Highway Administration, which funds retrofitting of heavy-duty diesel engines that results in reducing nitrogen-oxide emissions in air-quality-related nonattainment or maintenance areas. In addition, for fiscal year 2008, Congress appropriated funds for the first time under the federal Energy Policy Act of 2005 to help reduce emissions from heavy-duty diesel engines. Through the National Clean Diesel Campaign, the EPA can award grants totaling $49.2 million in fiscal year 2008, to states and other eligible entities to build diesel emission reduction programs across the country. According to the EPA, the emissions from the millions of diesel engines already in use are linked to thousands of premature deaths, hundreds of thousands of asthma attacks, millions of lost work days, and numerous other health impacts every year.

Comparison with rules in adjacent states

No adjacent state has a grant program for purchasing and installing diesel truck idling reduction equipment. However, under corresponding statutory criteria, Minnesota began providing loans in 2005 that can be used for this purpose, through its Small Business Environmental Improvement Loan Program. Related efforts in Iowa, Illinois and Michigan include (1) sponsoring of workshops in Michigan and Illinois, in conjunction with the EPA's Midwest Clean Diesel Initiative; and (2) enactment of legislation in Illinois in June 2006 that prohibits diesel vehicles of 8000 pounds or more from idling within the metropolitan areas of Chicago and East Saint Louis, for more than 10 minutes within any 60-minute period, except for various exemptions. Due to the availability of the EPA grants described above, the adjacent States are expected to begin implementing grant programs for diesel idling reduction within the next year or two.

Summary of factual data and analytical methodologies

The data and methodology for developing the proposed rules consisted of incorporating the changes that are needed to achieve consistency with the changes which were made to section 560.125, Stats., by Sections 3564p to 3564t of 2007 Wisconsin Act 20.

Analysis and supporting documents used to determine effect on small business

The Department considered the applications and resulting grants that were processed during the initial, 2007, funding cycle of the program.

Initial Regulatory Flexibility Analysis

Summary

Small businesses which own diesel truck tractors and which apply for grants under chapter Comm 131, as amended by the proposed rules, may receive a smaller benefit than they would have received without enactment of 2007 Wisconsin Act 20. The proposed rules are not expected to impose any significant costs on small businesses, because the rules only address how the Department will award grant funds for diesel truck idling reduction equipment.

Types of small businesses that will be affected by the rules

Owners and operators of small fleets of diesel trucks who choose to apply for the grant funds, and vendors who sell or install the idling reduction equipment addressed by the grant funds.

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

No new reporting, bookkeeping or other procedures would be required for complying with the proposed rules.

Types of professional skills necessary for compliance with the rules

No new professional skills would be required for complying with the proposed rules.

Rules have a significant economic impact on small businesses?

No.

Environmental Analysis

NOTICE IS HEREBY GIVEN that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Fiscal Estimate

Summary

The proposed rules are not expected to have any significant fiscal effect on the Department, because they would only modify how the current grant funding is allocated to eligible applicants.

The proposed rules are not expected to impose any significant costs on the private sector, because the rules only address how the Department will award grant funds for diesel truck idling reduction equipment.

State fiscal impact

None

Local fiscal impact

None

Long-range fiscal implications

None known.

Notice of Hearing

Financial Institutions - Corporate and Consumer Services

rulemaking_notices CR 08-041 CR 08-041

NOTICE IS HEREBY GIVEN That pursuant to ss. 66.0420 (3) (f) 4., 66.0420 (13) (a) and 227.11 (2), Stats., and interpreting s. 66.0420, Stats., the Wisconsin Department of Financial Institutions, Division of Corporate and Consumer Affairs will hold a public hearing to consider a rule to create chapter DFI-CCS 20 relating to video service franchise.

Hearing Information

The hearing will be held:

June 3, 2008   Dept. of Financial Institutions
1:00 p.m.   345 W. Washington Avenue
  5th Floor
  Madison, Wisconsin

Submission of Written Comments

Written comments may be sent to Mark Schlei, Deputy General Counsel, Wisconsin Dept. of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, [phone], e-mail: mark.schlei@dfi. state.wi.us. Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.

Copies of Proposed Rule

A copy of the proposed rule, hearing notice and fiscal estimate may be obtained at the department's website, www.wdfi.org or by contacting Mark Schlei, Deputy General Counsel, Wisconsin Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. [phone], e-mail mark.schlei@ dfi.state.wi.us.

Agency Contact Person

For questions regarding the agency's internal processing of the proposed rule:

Contact Mark Schlei, Deputy General Counsel, Wisconsin Department of Financial Institutions, Office of the Secretary, 345 W. Washington Avenue, 5th Floor, P.O. Box 8861, Madison, WI 53708-8861, tel. [phone], e-mail [e-mail].

For substantive questions on the rule:

Contact Cheryll Olson-Collins, Administrator, Wisconsin Department of Financial Institutions, Division of Corporate and Consumer Affairs, P.O. Box 7846, Madison, WI 53708-7846, tel. [phone], e-mail [e-mail] or Ray Allen, Deputy Administrator, Wisconsin Department of Financial Institutions, Division of Corporate and Consumer Affairs, P.O. Box 7846, Madison, WI 53708-7846, tel. [phone], e-mail [e-mail].

Analysis Prepared by the Dept. of Financial Institutions, Division of Corporate and Consumer Affairs

Statute interpreted

s. 66.0420, Stats.

Statutory authority

66.0420(3)(f)4., 66.0420(13)(a) and 227.11(2), Stats.

Related statute or rule

None.

Explanation of agency authority

Pursuant to s. 66.0420 (13) (c), Stats., the department shall enforce s. 66.0420 except sub. (8).

Summary of proposed rule

The objective of the rule is to create ch. DFI-CCS 20. Pursuant to s. 66.0420 (13) (a), Stats., the department shall promulgate rules for determining whether an applicant is legally, financially, and technically qualified to provide video service, and may promulgate rules interpreting or establishing procedures for s. 66.0420, Stats. The purpose of this rule is to set forth certain matters regarding definitions, filings, fees and reports, certificates, maps, video franchise area descriptions, amendments to maps and video franchise area descriptions, qualifications, and proceedings and hearings.

Comparison with federal regulations

Comparable franchise application processes and proceedings are set forth in 47CFR76.

Comparison with rules in adjacent states

Illinois has enacted video franchise area legislation but no rules regarding this legislation.

Summary of factual data and analytical methodologies

The department reviewed the legislative findings of 66.0420, Stats., reviewed the video service franchise statutes and rules of other states that have adopted similar legislation, contacted video service franchise regulators in other states, and applied its own experience in regulation of financial industries generally.