Statutory authority
Explanation of agency authority
The Department is authorized to administer statutes and administrative rules related to vehicle weights, widths, heights and lengths. Prior to May 2006, the Department issued emergency declarations authorizing overweight loads of agricultural products during the Fall Harvest season.
2005 Wis. Act 364, effective May 4, 2006, eliminated this authority and replaced it with a statutory seasonal overweight allowance for agricultural products. Chapter
Trans 267, which implemented emergency agricultural transportation permits is no longer needed. Although the Department has the authority to issue emergency energy conservation permits, it can do so only when the Governor declares an energy emergency pursuant to ss.
340.01(15s) and
348.17(3), Stats. It has been the Department's practice to forego issuing energy emergency permits because it has relied on Emergency Executive Orders issued by the Governor to authorize oversize or overweight loads during energy emergencies. Because energy emergencies are declared by the Governor, pursuant to ss.
340.01(15s) and
348.17(3), Stats., and 49 C.F.R. sections
390.23 and
390.25, and because the Department has not issued separate energy emergency permits, Chapter
Trans 268 is not needed.
Related statute or rule
Plain language analysis
Chapter
Trans 267 governs emergency agricultural transportation permits under s.
348.17(4), Stats. Chapter
Trans 268 governs emergency energy conservation permits under ss.
340.01(15s) and
348.17(3), Stats. The scope statement for this rule making stated that the Department proposes to combine ch.
Trans 267 into ch.
Trans 268 and to incorporate provisions consistent with other overweight rules. However, as the Department has considered such changes, the Department has determined that in fact neither rule is any longer valid, and thus proposes to repeal both rules.
Chapter Trans 267 interprets s. 348.17 (4), Stats.
2005 Wis. Act 364 repealed s. 348.17 (4), Stats., and instead created s. 348.17 (5), Stats., allowing overweight transport of certain crops during certain time periods without requiring a permit. Ch.
Trans 267 is no longer valid. Therefore, the Department proposes to repeal ch.
Trans 267.
Trans 268 governs emergency energy conservation permits under ss.
340.01 (15s) and
348.17 (3), Stats. Section
348.17 (3), Stats., states that during an energy emergency the Department of Transportation, after consulting with the Department of Administration, may waive the statutory divisible load limitation on overweight loads, and authorize, for up to 30 days, overweight operation within certain limits. An energy emergency is certified by executive order of the Governor.
Section
348.17 (3), Stats., does not specifically state that the Department of Transportation may or shall require permits for overweight movement during an energy emergency. In practice, when the Governor has declared an energy emergency, the Department of Transportation has not required permits for overweight transport, but the statutory weight limitations specified in s.
348.17 (3), Stats., have been considered the limitations under the gubernatorial emergency declaration. Since s.
348.17 (3), Stats., will always govern and the Department has never required permits under ch.
Trans 268, the Department proposes to repeal ch.
Trans 268.
Comparison with federal regulations
No federal regulation covers the overweight permits addressed in these rules. Like all statutes and administrative rules governing overweight movement, these rules comply with federal law and regulation regarding operation on Interstate highways and other federal-aid highways.
Comparison with rules in adjacent states
Michigan: Not applicable.
Minnesota: Not applicable.
Illinois: Not applicable.
Iowa: Not applicable.
Summary of factual data and analytical methodologies
These two administrative rules no longer serve a purpose, as both are superseded by statute. Therefore, the Department proposes to repeal these two rules.
Analysis and supporting documentation used to determine effect on small businesses
Not applicable.
Small Business Impact
Repeal of these chapters has no effect on small business, since statutory language prevails.
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.
Text of Proposed Rule
SECTION 1. Chapters Trans 267 and 268 are repealed.
