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Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0495; email at pamela.haack@drl.state.wi.us.
Text of Proposed Rule
SECTION 1. RL 180.02 (1m), (3m) and (11) are created to read:
RL 180.02 (1m) “Automated external defibrillator" means a defibrillator device to which all of the following apply:
a. It is approved for commercial distribution by the federal food and drug administration.
b. It is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and of determining without intervention by the user of the device whether defibrillation should be performed.
c. After having determined that defibrillation should be performed, it is capable, either at the command of an operator or without intervention by an operator, of delivering an electrical shock to an individual.
(3m) “Defibrillation" means administering an electrical impulse to an individual's heart in order to stop ventricular fibrillation or rapid ventricular tachycardia.
(11) “Ventricular fibrillation" means a disturbance in the normal rhythm of the heart that is characterized by rapid, irregular, and ineffective twitching of the ventricles of the heart.
SECTION 2. RL 181.01 (1) (d) is created to read:
RL 181.01 (1) (d) Evidence satisfactory to the department that the applicant has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38), Stats., to provide the instruction.
SECTION 3. RL 181.01 (2) (c) is renumbered RL 181.01 (2) (c) (intro.) and is amended to read:
RL 181.01 (2) (c) (intro.) A licensed midwife shall, at the time that he or she applies for renewal of a license under par. (b), submit proof satisfactory to the department that he or she holds a valid certified professional midwife credential from the North American Registry of Midwives or a successor organization, or a valid certified nurse-midwife credential from the American College of Nurse Midwives or a successor organization. of all of the following:
SECTION 4. RL 181.01 (2) (c) 1. and 2. are created to read:
RL 181.01 (2) (c) 1. He or she holds a valid certified professional midwife credential from the North American Registry of Midwives or a successor organization, or a valid certified nurse-midwife credential from the American College of Nurse Midwives or a successor organization.
2. He or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38), Stats., to provide the instruction.
Notice of Hearing
Transportation
rulemaking_notices EmR0833 EmR0833
NOTICE IS HEREBY GIVEN that pursuant to s. 110.07, Stats., interpreting ch. 194, Stats., the Department of Transportation will hold a public hearing on the emergency rule amendment of Chapters Trans 325, 326 and 327, Wisconsin Administrative Code, relating to motor carrier safety, and hazardous material transportation safety.
Hearing Information
Date:   December 2, 2008
Time:   10:00 A.M.
Location:   Hill Farms State Transportation Bldg.
  4802 Sheboygan Avenue
  Room 701
  Madison, Wisconsin
The public hearing site is accessible to people with disabilities.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
Section 110.075 and Ch. 194, Stats.
Statutory authority
Section 110.075 and Ch. 194, Stats.
Explanation of agency authority
The Department of Transportation sets standards and adopts rules to establish a plan of inspection to implement the inspection program. It is the duty of the Department to prescribe rules and regulations as to safety and operations and the hours of labor of drivers of motor vehicles operated under the authority of these chapters.
Related statute or rule
Section 110.07, Stats.
Plain language analysis
As prescribed by state statute, the Department is mandated to regulate both intrastate and interstate transportation of property and passengers by commercial motor vehicles. It is in the best interest of the public when current regulations are used for enforcement of these regulations.
Comparison with federal regulations
Trans 325 (Interstate Motor Carrier Safety regulations) adopts Federal regulations 49 CFR part 385, subpart C (Certification of Safety Auditors, Safety Investigators and Safety Inspectors) and parts 390 to 393 and 395 to 397. Trans 326 (Motor Carrier Safety Requirements for Transportation of Hazardous Materials) adopts Federal Regulations 49 CFR parts 107, 171-173, 177, 178, 180 and 385, subpart E (Hazardous Materials Safety Permits). Trans 327 (Motor Carrier Safety) adopts Federal regulations part 385, subpart C, (Certification of Safety Auditors, Safety Investigators and Safety Inspectors), parts 40, 390-general, except 390.23(a)(3); 391-general except 391.11(b)(1) and 391.41(b)(3), 391.41(b)(10); 392 except 392.16; 393-general except 393.42 shall not apply to vehicles placed in operation in common, contract or private carriage prior to June 1, 1987; 395, general-except 395.1(e)(1), 395.1(h), 395.1(i) 395.5, 395.8, and the maximum number of hours identified in 395.3 as follows: (a) more than 12 hours following 10 consecutive hours off duty; (b) for any period after having been on duty 16 hours following 10 consecutive hours off duty; (c) after having been on duty for 70 hours in any period of 7 consecutive days; and (d) after having been on duty for 80 hours in any period of 8 consecutive days, and parts 396 and 397.
Comparison with rules in adjacent states
All adjacent states (Michigan, Minnesota, Illinois and Iowa) adopt the same Federal regulations.
Summary of factual data and analytical methodologies
The Federal Motor Carrier Safety Administration continues to do ongoing research into vehicle equipment, driver safety, carrier authority and hazardous materials. Its research, coupled with the input from the motor carrier industry, resulted in ongoing updates to federal regulations for interstate commerce. It is imperative the same regulations are enforced from state to state.
Analysis and supporting documentation used to determine effect on small businesses
The research provided by the Federal Motor Carrier Safety Administration was used in analyzing the effects on small business.
Small Business Impact
This rule making will have no significant adverse effect on small businesses.
The Department's Regulatory Review Coordinator may be contacted by e-mail at ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Estimate
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.
Copies of Emergency Rule and Agency Contact
Requests for copies of the emergency rule should be submitted to Lt. Patricia Hansen, Department of Transportation, Division of State Patrol, Bureau of Field Services, Room 551, P. O. Box 7936, Madison, WI 53707-7936. You may also contact Lt. Hansen by phone at (608) 266-0094 or via e-mail at patricia.hansen@dot.state. wi.us.
To view the emergency rule, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.
Notice of Hearing
Transportation
rulemaking_notices CR 08-100 CR 08-100
NOTICE IS HEREBY GIVEN that pursuant to s. 110.07, Stats., interpreting ch. 194, Stats., the Department of Transportation will hold a public hearing on the adoption of permanent rules amending Chapters Trans 325, 326 and 327, Wisconsin Administrative Code, relating to motor carrier safety, and hazardous material transportation safety.
Hearing Information
Date:   December 2, 2008
Time:   10:00 A.M.
Location:   Hill Farms State Transportation Bldg.
  4802 Sheboygan Avenue
  Room 701
  Madison, Wisconsin
The public hearing site is accessible to people with disabilities.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
Ch. 194, Stats.
Statutory authority
Section 110.075 and Ch. 194, Stats.
Explanation of agency authority
The Department of Transportation sets standards and adopts rules to establish a plan of inspection to implement the inspection program. This proposed rule making eliminates the date specification for applicable federal regulations enabling the Department to apply current federal regulations. It is the duty of the Department to prescribe rules and regulations as to safety and operations and the hours of labor of drivers of motor vehicles operated under the authority of these chapters.
Related statute or rule
Section 110.07, Stats.
Plain language analysis
As prescribed by state statute, the Department is mandated to regulate both intrastate and interstate transportation of property and passengers by commercial motor vehicles. It is in the best interest of the public when current regulations are used for enforcement of these regulations. Applying outdated regulations can adversely affect interstate transportation where those other states apply current regulations.
Comparison with federal regulations
Trans 325 (Interstate Motor Carrier Safety regulations) adopts Federal regulations 49 CFR part 385, subpart C (Certification of Safety Auditors, Safety Investigators and Safety Inspectors) and parts 390 to 393 and 395 to 397. Trans 326 (Motor Carrier Safety Requirements for Transportation of Hazardous Materials) adopts Federal Regulations 49 CFR parts 107, 171-173, 177, 178, 180 and 385, subpart E (Hazardous Materials Safety Permits). Trans 327 (Motor Carrier Safety) adopts Federal regulations part 385, subpart C, (Certification of Safety Auditors, Safety Investigators and Safety Inspectors), parts 40, 390-general, except 390.23(a)(3); 391-general except 391.11(b)(1) and 391.41(b)(3), 391.41(b)(10); 392 except 392.16; 393-general except 393.42 shall not apply to vehicles placed in operation in common, contract or private carriage prior to June 1, 1987; 395, general-except 395.1(e)(1), 395.1(h), 395.1(i) 395.5, 395.8, and the maximum number of hours identified in 395.3 as follows: (a) more than 12 hours following 10 consecutive hours off duty; (b) for any period after having been on duty 16 hours following 10 consecutive hours off duty; (c) after having been on duty for 70 hours in any period of 7 consecutive days; and (d) after having been on duty for 80 hours in any period of 8 consecutive days, and parts 396 and 397.
Comparison with rules in adjacent states
All adjacent states (Michigan, Minnesota, Illinois and Iowa) adopt the same Federal regulations and subsequent revisions to those regulations.
Summary of factual data and analytical methodologies
The Federal Motor Carrier Safety Administration continues to do ongoing research into vehicle equipment, driver safety, carrier authority and hazardous materials. Its research, coupled with the input from the motor carrier industry, resulted in ongoing updates to federal regulations for interstate commerce. It is imperative the same regulations are enforced from state to state.
Analysis and supporting documentation used to determine effect on small businesses
The research provided by the Federal Motor Carrier Safety Administration was used in analyzing the effects on small business.
Small Business Impact
This rule making will have no significant adverse effect on small businesses.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.