Rule-Making Notices (Hearing Notices)

Related statutes and rules

This proposed rule and the emergency rule modify an existing rule chapter. Chapter ATCP 136, Mobile Air Conditioners; Reclaiming or Recycling Refrigerant, regulates the repair or service of motor vehicle air conditioners and trailer refrigeration equipment. This rule relates to s. 100.45, Stats., Mobile Air Conditioners.

Plain Language Analysis

Background

The existing ch. ATCP 136 establishes requirements for buying, selling, reclaiming and recycling ozone depleting refrigerants. The requirements are consistent with those under federal law. The rule also requires businesses that install, repair or service mobile air conditioners to pay an annual registration fee and obtain an annual registration certificate from the department. The rule requires businesses to register their mobile air service technicians and technicians to successfully complete a department-approved training course or satisfy other training requirements.

Prior to 2011, Wisconsin was the only state where the sale of the small cans of substitute, non-ozone depleting refrigerant was prohibited. In 2011, the Legislature modified s. 100.45, Stats., to allow the sale of these products. One result of the law change was that the Wisconsin specific training became redundant with the EPA required training. Mobile air conditioner repair businesses also report they have lost business to do it yourselfers who can now purchase supplies to make the repairs themselves.

Rule content

This rule and the emergency rule do all of the following:

•   Eliminates the mobile air conditioner repair business $120 annual registration fee. Surcharge fees are maintained.

•   Modifies mobile air conditioner repair technician training requirements.

•   Removes references to obsolete Department of Safety and Professional Services (DSPS) licensing requirements.

DATCP proposes to eliminate the $120 annual registration fee and streamline the training requirements currently required under this rule. These modifications will harmonize DATCP's rule with federal law and reduce overall regulatory burdens. The proposed rule also removes references to obsolete DSPS licensing requirements and makes other minor modifications needed to ensure uniformity between the statute and rule. Surcharge fees for operating without a registration are required under s. 100.45 (5m), Stats., and are not affected by this rule change.

Summary of, and comparison with, existing or proposed federal statutes and regulations.

At the federal level, the Environmental Protection Agency (EPA) requires technicians to be trained and certified by an EPA-approved organization. The training must cover specific content areas, and technicians must pass a test demonstrating competency to be certified. Under the existing rule, the EPA approved course does not automatically meet the DATCP training standards. Therefore, a technician seeking certification in Wisconsin who has already successfully completed the EPA approved course must also (in most circumstances) complete a DATCP approved course. Under the proposed rule and the emergency rule, a technician who completes the EPA approved course would meet the DATCP training requirements.

This rule is consistent with federal laws related to buying, selling, reclaiming, and recycling ozone-depleting refrigerants.

Comparison with rules in adjacent states

The existing ch. ATCP 136 exceeds the training requirements for technicians in adjacent states. The proposed rule and the emergency rule bring Wisconsin's training requirements into conformity with rules in neighboring states.

Summary of factual data and analytical methodologies

This proposed rule does not depend on a complex analysis of data. The 2011 Legislative change to the statute prompted the change to this rule. This rule and the emergency rule harmonize Wisconsin's training requirements with federal law and improves consistency with surrounding states. The department has determined it has adequate revenues to administer the program with the fee reduction.

Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis

This proposed rule and the emergency rule eliminate registration fees and modifies training requirements. Businesses will benefit from the reduction in fee and training expenses. The rule would save approximately 3,500 businesses a $120 annual registration fee for a total savings of about $420,000 each year. In addition, the 11,000 technicians who register annually with the department would be able to use their EPA approved training course to meet Wisconsin's training requirements. This cost savings is indeterminate, but would save technicians and businesses both training registration fees and time away from their jobs.

Effect on Small Business

This proposed rule and the emergency rule will eliminate a minimum of $420,000 annually in unneeded registration fees and duplicative training requirements. This rule will not have a negative effect on small business.

Initial Regulatory Flexibility Analysis

Rule summary

The rule interprets s. 100.45, Stats., the Mobile Air Conditioner; reclaiming and recycling refrigerants law administered by the Department of Agriculture, Trade and Consumer Protection (“DATCP"). Chapter ATCP 136 establishes requirements for buying, selling, reclaiming and recycling ozone depleting refrigerants. The requirements are consistent with those under federal law. The rule also requires businesses that install, repair or service mobile air conditioners to pay an annual registration fee and obtain an annual registration certificate from the department. The rule requires businesses to register their mobile air service technicians and technicians to successfully complete a department approved training course or satisfy other training requirements.

Rule content

The proposed rule does all of the following:

•   Eliminates the mobile air conditioner repair business $120 annual registration fee. Surcharge fees are maintained.

•   Modifies mobile air conditioner repair technician training requirements.

•   Removes references to obsolete Department of Safety and Professional Services (DSPS) licensing requirements.

DATCP proposes to eliminate the $120 annual registration fee and streamline the training requirements currently required under this rule. These modifications will harmonize DATCP's rule with federal law and reduce overall regulatory burdens. The proposed rule also removes references to obsolete DSPS licensing requirements and makes other minor modifications needed to ensure uniformity between the statute and rule. Surcharge fees for operating without a registration are required under s. 100.45 (5m), Stats., and are not affected by this rule change.

Small business affected

The proposed rule will have a positive impact on operators of mobile air conditioner repair businesses and will not have a negative effect on businesses. This rule affects businesses in the following ways:

Eliminates the annual registration fee

•   Under the proposed rule, the $120 annual registration fee for operators of mobile air conditioner repair businesses will be eliminated. With approximately 3500 businesses statewide, this will result in a savings of $420,000 annually for small businesses.

Eliminates duplicative training requirements

•   Prior to 2011, Wisconsin was the only state that prohibited the sale of small cans of non-ozone depleting (“substitute") refrigerant. For this reason, the state had Wisconsin specific technician training requirements. With the change in law that now allows the sale of small cans of substitute refrigerant, the Wisconsin specific training is no longer needed. Under this proposed rule, technicians who pass an EPA approved training course will meet Wisconsin's training requirement. This will save businesses and technicians and indeterminate amount of time and money as the technicians will no longer have to complete an additional training course.

Reporting, bookkeeping and other procedures

The proposed rule does not change existing reporting, bookkeeping or other procedures in the proposed rule for small businesses.

Professional skills required

The proposed rule eliminates the duplicative training requirements for technicians of mobile air conditioner businesses. However, technicians must still complete an approved training course.

Accommodation for small business

Many of the businesses affected by this rule are “small businesses." This proposed rule does not make special exceptions for small businesses because the program encompasses mobile air conditioner repair businesses of all sizes. The proposed registration fee and technician training rule changes will benefit large and small businesses alike.

Conclusion

This proposed rule will generally benefit affected businesses, including “small businesses." This rule will not have a negative effect on “small business," and is not subject to the delayed “small business" effective date provided in s. 227.22 (2) (e), Stats.

Environmental Impact

The proposed rule changes and the emergency rule do not have an environmental impact.

Agency contact

Jennifer Heaton-Amrhein, Division of Trade and

Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Email [e-mail]

Telephone [phone].

ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
⍽ Original Updated X Corrected
Administrative Rule Chapter, Title and Number
Ch. ATCP 136, Mobile Air Conditioners; Reclaiming or Recycling Refrigerant
Subject
Mobile Air Conditioners, fees and training
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS X SEG ⍽ SEG-S			20.115(1)(hm)
Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues X Decrease Existing Revenues		⍽ Increase Costs X Could Absorb Within Agency's Budget ⍽ Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		X Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
ATCP 136, Wisconsin's mobile air conditioner; recycling and reclaiming refrigerant rule, contains requirements that duplicate federal requirements. This rule revision is needed to harmonize Wisconsin's rules with federal regulations and reduce costs for businesses. This proposed rule will modify the existing ch. ATCP 136, Wis. Adm. Code in three main areas. The rule: • Eliminates unneeded business registration fees; surcharge fees required by statute that apply to late registrations will continue. • Harmonizes current rules with existing federal regulations related to training of mobile air conditioner technicians. •Removes references to obsolete Department of Safety and Professional Services (DSPS) regulations.
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)
This proposed rule updates current rules related to mobile air conditioners. This rule modifies existing rule language to eliminate registration fees, harmonizes state training requirements with existing federal requirements, and makes needed administrative changes. There will be cost savings for the regulated community as a result of these changes. Local Governments This rule will not impact local governments. Local governments will not have any implementation or compliance costs. Mobile Air Conditioning Businesses This rule will impact mobile air conditioning businesses. The changes to the rule are advantageous to businesses, including small businesses. These changes are discussed under the “Benefits" section of this analysis. This proposed rule eliminates registration fees and eliminates duplicate training requirements. These changes benefit businesses and their technicians, with no negative effects on consumers or the environment. Utility Rate Payers The rule will have no impact on utility rate payers. General Public This rule will have no impact on the general public.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Benefits This rule will benefit mobile air conditioner repair businesses and technicians. Mobile Air Conditioner Repair Technicians Mobile air conditioner repair technicians will benefit from this rule because they will no longer need to take a Wisconsin specific training course to maintain their registration in Wisconsin. Under this rule, completion of the federally approved training program will satisfy Wisconsin's training requirements. Mobile Air Conditioner Repair Businesses Mobile air conditioner repair businesses will benefit as this rule will eliminate the annual registration fee and additional training requirements for technicians. This will save each business location a minimum of $120 annually, plus associated administrative costs. Alternatives This rule will eliminate fees and ensure regulatory consistency between Wisconsin and federal law. If DATCP does not adopt this rule, Wisconsin will continue to require training for technicians that duplicates federal training requirements. In addition, if DATCP does not adopt this rule, businesses will continue to be required to pay the $120 annual registration fee to the department. The alternative to adopting this rule is to maintain the existing ATCP 136 requirements.
Long Range Implications of Implementing the Rule
Long-term, implementing the rule will benefit business. The rule modifications will save businesses a minimum of $120 annually for each business location currently required to be registered, or approximately $420,000 annually, statewide. In addition, businesses will no longer need to pay for technicians to complete (or ensure they have completed) a Wisconsin specific training program. This rule will have no impact on the environment, as existing environmental protections in the rule and in state and federal laws will remain in effect.
Compare With Approaches Being Used by Federal Government
The training requirements in the existing rule duplicate federal requirements. With the proposed changes, the rule will be consistent with federal law.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
All surrounding states, including Michigan, Minnesota, Illinois and Iowa, let EPA implement the mobile air conditioner regulations. Any state-specific regulations must be at least as stringent as EPA's. With the proposed changes, Wisconsin's regulations will be consistent with the EPA regulations applied in surrounding states. Comments Received in Response to Web Posting and DATCP Response DATCP received no comments in response to the web posting.

Notice of Hearing

Natural Resources

Fish, Game, etc., Chs. 1—

rulemaking_notices CR 13-108 CR 13-108

(DNR # WM-21-13)

NOTICE IS HEREBY GIVEN that pursuant to sections 227.11 (2) (a) and 227.16 Stats., the Department of Natural Resources will hold public meetings on revisions to Chapters NR 1, 10, 19, and 45 Wis. Adm. Code, related to hunting and trapping in state parks.

The hearings will begin at 6:00 p.m. at each of the following locations:

Hearing Information

Date:   Tuesday, January 14, 2014
Time:   6:00 p.m.
Location:   Fox Valley Technical College
  D.J. Bordini Business & Industry Center
  5 Systems Drive
  Appleton, Wisconsin 54912

Date:   Tuesday, January 21, 2014
Time:   6:00 p.m.
Location:   DNR Service Center
  1300 W Clairemont
  Eau Claire, Wisconsin 54701

Date:   Wednesday, January 22, 2014
Time:   6:00 p.m.
Location:   Town of Rib Mountain Town Hall
  3700 N. Mountain Rd
  Wausau, Wisconsin, 54401

Date:   Thursday, January 23, 2014
Time:   6:00 p.m.
Location:   DNR Service Center
  3911 Fish Hatchery Rd.
  Fitchburg, Wisconsin, 53711

Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Scott Loomans at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Where to Submit Public Comments and Copies of the Rule

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov or by searching the keywords “administrative rules" on the department's website.

Written comments on the proposed rule may be submitted via U.S. mail to Mr. Scott Loomans, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707 or by email to [e-mail]. Comments may be submitted until January 24. 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. Loomans.

Analysis Prepared by the Department of Natural Resources

Plain language analysis

These will be the first rule revisions related to hunting and trapping in state parks since passage of 2011 Act 168 which established that those activities are generally allowed. These rules will eliminate language that is no longer needed, simplify existing regulations, and create new rules related to safety. These rules will not establish new season dates or modify periods when hunting and trapping are allowed in state parks. Specifically, these rules will:

SECTION 1 updates a cross-reference to reflect where the authority to allow hunting on Ice Age Trail area properties is now established.

SECTIONS 2, 12, and 13 simplify turkey hunting regulations by eliminating the state park turkey hunting zones so that they will become part of the surrounding zone.

SECTION 3 corrects a misspelled word.

Section 4 creates a note in the section of ch. NR 10 related to furbearing animals and trapping to alert readers that additional trapping regulations are established in the section related to hunting and trapping in state parks.

SECTIONS 5 and 11 establish that dry land trapping on lands which are part of the Wisconsin State Park System is limited to the use of dog proof traps in order to protect the public safety as established in s. 29.089 (1m) (b) 2. Stats., a provision created by 2011 Act 168. Trapping on dry land will be allowed with the use of enclosed-trigger-type-traps. Raccoons are the primary species which are targeted with this trap type. Trapping will continue to be allowed using any type of trap that is otherwise legal if it is completely submerged under water.

SECTION 6 clarifies, consistent with natural resources board policy established following the enactment of 2011 ACT 168, that hunting can be allowed using archery gear after December 15 at Mirror Lake, Governor Dodge, and Mill Bluff state parks. The type of hunting specifically addressed in this section is migratory bird hunting if the seasons are still open after December 15.

SECTION 7 eliminates a prohibition of hunting small game with rifles or pistols at three state parks where small game hunting is allowed under current rules. Where hunting is allowed, rifles may be used at all other state parks and the department recently allowed the use of rifles for deer hunting statewide.

SECTION 8 creates and exception to the current noon closure of hunting hours at Governor Dodge, Mill Bluff, and Mirror Lake state parks (except that all day hunting is allowed for migratory birds at Mirror Lake) so that hunting is allowed all day at times when hunting is generally allowed at most state parks.

SECTION 9 repeals a specific exemption from the state park leash law for hunters' dogs actively engaged in hunting at three specific parks. This provision is not necessary because a similar exemption in s. NR 45.06 (2) applies to all DNR managed lands where hunting is allowed, including state parks.

SECTION 10 eliminates registration and check-in requirements for small game hunting at three state parks where small game hunting is allowed under current rules. Additionally, this section repeals rules which would have allowed hunting at State Ice Age Trail areas. These rules are no longer needed following the enactment of 2011 Act 168.

SECTION 14 updates a cross reference to statute and clarifies that special educational hunting events may be held at state parks for species in addition to deer and turkeys, with the enactment of 2011 Act 168.

SECTION 15 clarifies that it is illegal to discharge a firearm, bow, crossbow, or air gun in an area of a state park where hunting is not allowed.

SECTION 16 amends an exception to a prohibition of hunting in state parks to reflect new rules and current law, including elimination of a cross-reference with statutes that is no longer relevant.

Summary of, and comparison with, existing or proposed federal regulations

Federal regulations allow states to manage the wildlife and property resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.