Rule Content
General
This rule modifies existing rules with a number of technical updates and minor changes. It does not represent any significant shift in the overall goals or policies of the existing rules.
Chapter
ATCP 90 — Fair Packaging and Labeling
Under current rules, the definition of “unreasonable shortage" as it relates to Fair Packaging and Labeling, refers to the maximum allowable variation specified for a commodity in the National Institute of Standards and Technology (NIST) Handbook 133, “Checking the Net Contents of Packaged Goods." However, the current rule does not specify which edition of NIST Handbook 133 it is referencing. This rule modifies the definition of “unreasonable shortage" to specifically reference NIST Handbook 133, “Checking the Net Contents of Packaged Goods," (2013 edition).
Chapter
ATCP 91 — Selling Commodities by Weight, Measure or Count
The current rule lists a number of commodities and incorporates references to NIST Handbook 130, “Uniform Laws and Regulations in the Area of Legal Metrology and Engine Fuel Quality," (2011 edition). This rule updates these references to the 2013 edition. It also corrects references to specific sections (in the case of liquid oxygen used for respiration and liquefied petroleum gases).
Chapter
ATCP 92 — Weights and Measures
The current rule regulates weighing and measuring devices, state and municipal inspection programs, and licensing requirements for service companies. The current rule incorporates references to NIST Handbook 44, “Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices," (2011 edition) This rule updates these references to the 2013 edition.
The current rule contains several “notes" informing the reader how to obtain license applications and similar documents from DATCP. This rule updates these notes to conform to changes in DATCP web pages and other changes.
Chapter
ATCP 92, Subchapter IV, regulates vehicle scales and livestock scales. However, there are some significant differences between the two. Installing or relocating a vehicle scale requires a permit from DATCP. DATCP also collects installation reports for vehicle scales, and reviews request for variances on the construction standards contained in the rule. This rule clarifies that there is no need for operators to request variances for livestock scales (because there is no permit requirement and they are not required to submit their construction plans).
This rule also modifies the definition of “vehicle scale" to make it clear that ch.
ATCP 92 does not apply to scales that are not in commercial service.
The current rule affirms that it is an unfair trade practice for sellers of gasoline to mislead buyers regarding the octane rating of gasoline, claim that the gasoline is suitable for aviation if it is not, or claim the gasoline is of greater value because it contains high octane components without clearly stating the octane value of the total product. The current rule references octane standards contained in “ASTM Manual for Rating Motor Fuels by Motor and Research Methods", published 1956.
This rule updates references to ASTM standards.
Chapter
ATCP 136 — Mobile Air Conditioners; Reclaiming or Recycling Refrigerant
Pursuant to s.
100.45, Stats., DATCP regulates the use of refrigerants in mobile air conditioners. Under the current rule, among other things, no person may buy, sell, or consign refrigerant in a container holding less than 15 pounds (this is sometimes informally referred to as the “small can ban"). However,
2011 Wisconsin Act 187 restricts DATCP's authority to prohibit sales of non-ozone-depleting refrigerants. Therefore, under the proposed rule, only ozone depleting refrigerants are prohibited from being sold in containers less than 15 pounds.
The current rule regulates the types of equipment that can be used to reclaim or recycle refrigerants from mobile air conditioners. Recently, the Environmental Protection Agency (“EPA") has approved a new type of refrigerant (“HFO-1234fy"). This rule updates the current rule to recognize the new product and associated specifications and equipment standards.
Summary of, and comparison with, existing or proposed federal statutes and regulations
This rule updates references to weights and measures technical standards published by the National Institute of Standards and Technology (“NIST"). By incorporating the latest NIST standards, this rule keeps Wisconsin standards consistent with applicable national standards.
The fuel octane standards incorporated by reference by this rule into ch.
ATCP 113 are identical to standards used by the EPA to regulate fuel quality.
This rule updates Wisconsin's mobile air conditioner rules to conform to the most recent EPA standards.
Comparison with rules in adjacent states
Generally, this rule updates standards incorporated by reference contained in several chapters of the Wisconsin Administrative Code. Most states, including all of Wisconsin's neighbors, recognize the same accepted standards in their statutes and rules.
This rule brings Wisconsin's rules relating to mobile air conditioning refrigerants into conformity with neighboring states' rules.
Summary of factual data and analytical methodologies
This rule does not depend on any complex analysis of data. This rule makes minor or technical changes to current rules.
Analysis and supporting documents used to determine effect on small business or in preparation of an Economic Impact Analysis
This rule simply updates references and makes other technical changes to existing rules and does not make significant changes to existing policies. Therefore, this rule is not anticipated to have an economic impact.
Effect on Small Business
This rule updates references to technical standards to the most recent editions of those standards without significant changes. This rule simply continues policies already in place in current rules or updates rules to conform to recent changes in the statutes. Except as noted below, this rule does not have an effect on small businesses.
Chapter
ATCP 113 — Gasoline Advertising, updating references to most recent standards may increase the enforceability of the rule. Chapter
ATCP 113 relies on nationally recognized standards for octane rating published by ASTM. However, the current rule relies on standards that are outdated and is, therefore, difficult to enforce. Updating the standards, as proposed in this rule, will improve the enforceability. By making it easier to punish any business that might mislead consumers about the octane rating or value, this rule should benefit honest sellers of gasoline.
This rule will benefit businesses that service mobile air conditioners. Under this rule, these businesses can service units that require the new refrigerant HFO-1234yf. This product was only recently approved by EPA.
Environmental Impact
This rule does not have an environmental impact.
Standards Incorporated by Reference
This rule incorporates, by reference, the following standards:
•
Air Conditioning, Heating and Refrigeration Institute (AHRI)
○ AHRI 740-1998 Refrigerant Recover / Recycling Equipment.
•
ASTM International
○
ASTM D4814-12 Standard Specifications for Automotive Spark-Ignition Engine Fuel.
○
ASTM D2699-12 Standard Test Method for Research Octane Number of Spark Ignition Engine Fuel.
○
ASTM D2700-12 Standard Test Method for Motor Octane Engine Fuel.
• NIST (National Institute of Standards and Technology), 2013 editions:
○
Handbook 44, Specifications, Tolerances, and other Technical Requirements for Weights and Measures.
○
Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality.
○
Handbook 133, Checking the Net Contents of Packaged Goods.
• SAE International
○
SAE J2843-2013 (R-1234fy (HFO1234yf)) Recovery/Recycling/Recharging Equipment for Flammable Refrigerants for Mobile Air-Conditioning Systems).
○
SAE J2851-2012 (Recovery Equipment for Contaminated Refrigerant from Mobile Automotive Air-Conditioning Systems).
Agency Contact
Kevin LeRoy, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911; or by emailing
kevin.leroy@wisconsin.gov; or by telephone at (608) 224-4928.
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
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Type of Estimate and Analysis
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X Original ⍽ Updated ⍽ Corrected
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Administrative Rule Chapter, Title and Number
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Ch. ATCP 90, Fair Packaging and Labeling
Ch. ATCP 91, Selling Commodities by Weight, Measure or Count
Ch. ATCP 92, Weights and Measures
Ch. ATCP 113, Gasoline Advertising
Ch. ATCP 136, Mobil Air Conditioners; Reclaiming or Recycling Refrigerant
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Subject
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Various minor and technical updates to existing rules.
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Fund Sources Affected
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Chapter 20 , Stats. Appropriations Affected
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⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
|
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Fiscal Effect of Implementing the Rule
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X No Fiscal Effect
⍽ Indeterminate
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⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
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⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Costs
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The Rule Will Impact the Following (Check All That Apply)
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⍽ State's Economy
⍽ Local Government Units
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⍽
Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
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Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes
X No
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Policy Problem Addressed by the Rule
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This rule simply updates references and makes other technical changes to existing rules and does not make significant changes to existing policies.
This rule updates existing rules in several ways:
• ATCP 90 — Fair Packaging and Labeling
○Updates the existing rule's references to NIST Handbook 133 — Checking the Net Contents of Packaged
Goods to the most recent edition of the standards.
• ATCP 91 — Selling Commodities by Weight, Measure or Count
○Updates the existing rule's references to NIST Handbook 130 — Uniform Laws and Regulations in the Area of Legal Metrology and Engine Fuel Quality to the most recent edition of the standards.
○Corrects certain references to specific sections of Handbook 130.
• ATCP 92 — Weights and Measures
○Updates the existing rule's references to NIST Handbook 44 — Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices to the most recent edition of the standards.
○Updates several “
notes" in current rule regarding instructions on how to contact DATCP for additional
information.
○Clarifies existing regulations regarding vehicle scales and livestock scales
○Clarifies that ch. ATCP 92 does not apply to vehicle scales that are not in commercial service.
|
• ATCP 113 — Gasoline Advertising
○Updates the existing rule's reference to ASTM standards for octane rating test methods.
• ATCP 136 — Mobile Air Conditioners; Reclaiming or Recycling Refrigerant
○Revises the current rule's prohibition on buying and selling containers of any refrigerant in containers holding less than 15 pounds in order to conform to 2011 Wisconsin Act 187. Under this rule (and Act 187), only ozone
depleting refrigerants are prohibited from being sold in containers less than 15 pounds.
○Updates rule to incorporate a new type of refrigerant (HFO-1234fy) that is now recognized by EPA.
|
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
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This rule simply updates references and makes other technical changes to existing rules and does not make significant changes to existing policies. Therefore, this rule is not expected to have a material economic or fiscal impact on specific businesses, business sectors, utility rate payers, local governments, or the state's economy as a whole.
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Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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Benefits
This rule keeps several chapters of the Wisconsin administrative code up-to-date with the latest editions of nationally recognized technical standards for package labeling, selling bulk commodities, technical specifications for scales and other measuring devices, and gasoline octane ratings.
This rule also brings ch. ATCP 136 into conformity with the statutes. Specifically, 2011Wisconsin Act 187 invalidated the existing prohibition against buying or selling any mobile air conditioner refrigerant in containers of less than 15 pounds. This rule conforms to Act 187 by prohibiting the buying or selling of only ozone-depleting refrigerant.
Alternatives
This rule helps maintain regulatory consistency between Wisconsin, its neighboring states, and other jurisdictions that rely on universal technical standards. If DATCP does not adopt this rule, some of this consistency would be lost.
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Long Range Implications of Implementing the Rule
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This rule makes minor technical updates to existing rules and does not represent any significant change in long range implications.
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Compare With Approaches Being Used by Federal Government
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This rule updates references to weights and measures technical standards published by the National Institute of Standards and Technology (“NIST"). By incorporating the latest NIST standards, this rule keeps Wisconsin standards consistent with applicable national standards.
The fuel octane standards incorporated by reference by this rule into ch. ATCP 113 are identical to standards used by the EPA to regulate fuel quality.
This rule update's Wisconsin's mobile air conditioner rules to conform to the most recent EPA standards.
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Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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Generally, this rule updates standards incorporated by reference contained in several chapters of the Wisconsin Administrative Code. Most states, including all of Wisconsin's neighbors, recognize the same accepted standards in their statutes and rules.
This rule brings Wisconsin's rules relating to mobile air conditioning refrigerants into conformity with neighboring states' rules.
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Notice of Hearing
Insurance
NOTICE IS HEREBY GIVEN that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedures set forth in under ss.
227.18, and
227.24, Stats., OCI will hold a public hearing to consider the emergency rule issued on June 12, 2013, and the adoption of the attached proposed rulemaking order affecting sections
Ins 17.01 (3),
17.28 (3) (c) and
(6), Wis. Adm. Code, relating to Injured Patients and Families Compensation Fund Annual Fund and Mediation Panel Fees, and ISO code amendments for the fiscal year beginning July 1, 2013, and affecting small business.
Hearing Information
Date: Tuesday, July 23, 2013
Time: 1:30 p.m., or as soon thereafter as the matter
may be reached
Location: OCI
Room 227
125 South Webster St 2nd Floor
Madison, WI
Submittal of Written Comments
Written comments can be mailed to
Julie E. Walsh
Legal Unit — OCI Rule Comment for Rule Ins 1728
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to
Julie E. Walsh
Legal Unit — OCI Rule Comment for Rule Ins 1728
Office of the Commissioner of Insurance
125 South Webster St — 2nd Floor
Madison WI 53703-3474
Comments can be emailed to
Julie E. Walsh
The deadline for submitting comments is 4:00 p.m. on August 6, 2013.
Summary of Proposed Rule and Fiscal Estimate
For a summary of the rule, see the analysis contained in the attached proposed rulemaking order. There will be no state or local government fiscal effect. The full text of the proposed changes, a summary of the changes, and the fiscal estimate are attached to this Notice of Hearing.
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
Statutes interpreted
Statutory authority
Explanation of OCI's authority to promulgate the proposed rule
The injured patients and families compensation fund (“fund"), was established by and operated under Ch.
655, Stats. The commissioner of insurance with approval of the board of governors (“board") is required to annually set the fees for the fund and the medical mediation panel by administrative rule. The proposed fees comply with the limitation delineated in s.
655.27 (3) (br), Stats. Section
655.04, Stats., provides that the director of state courts and the commissioner may promulgate rules necessary to enable them to perform their responsibilities under this chapter. Pursuant to s.
655.27 (3) (b), Stats., the commissioner, after approval by the board, shall by rule set the fees to the fund and s.
655.61, Stats., requires the board, by rule, to set the fees charged to health care providers at a level sufficient to provide the necessary revenue to fund the medical mediation panels. Further, s.
601.41 (3), Stats., provides that the commissioner shall have rule-making authority pursuant to s.
227.11 (2), Stats.
Related statutes or rules
