CR 21-045, EmR2115 Hearing Information

STATE OF WISCONSIN

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

NOTICE OF PUBLIC HEARING

CLEARINGHOUSE RULE 21-045 and EMERGENCY RULE 2115

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NOTICE IS HEREBY GIVEN that, pursuant to ss. 227.17 and 227.24 (4), Stats., the State of Wisconsin Department of Transportation (“WisDOT”) will hold a public hearing on Emergency rule EmR2115 and the corresponding proposed permanent rule (CR 21-045) Wisconsin Administrative Code ch. Trans 230 relating to permits for loads exceeding size, weight, and vehicle combination limits. Additionally, a draft categorical exclusion environmental document has been prepared for this proposed rule, a copy of which can be found at the bottom of this Notice of Public Hearing.

HEARING INFORMATION:

Date:     Wednesday, July 7, 2021

  Time:     8:30 a.m.

  Location:   Hill Farms State Office Building

      4822 Madison Yards Way, Room N134

      Madison, WI 53705

Appearances at the Hearing and Submittal of Written Comments: Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their written comments.

Written comments will be accepted until Wednesday, July 14, 2021 at 4:30 p.m. and may be sent to Ehren Bittorf, Division of Transportation System Development, State of Wisconsin Department of Transportation, 4822 Madison Yards Way, Third Floor South, Madison, Wisconsin 53705, or by email [e-mail]. Comments can also be made through the Legislature’s Administrative Rules website at http://docs.legis.wisconsin.gov/code/comment.

Accessibility: If you have special needs or circumstances regarding communication or accessibility at a hearing, please contact Kathey Bilek, Administrative Rulemaking Coordinator, [e-mail] prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available upon request to the fullest extent possible.

Initial Regulatory Flexibility Analysis: Implementation of the proposed changes is anticipated to have an overall minimal impact to small businesses and industries in Wisconsin as the department will be able to quickly facilitate the movement of essential goods and services to respond to the ongoing needs of industries during emergency situations. Businesses may individually decide whether they need to apply for the emergency permits to meet their business needs. The proposed rule merely provides another option for business and industry to move essential goods and services.

The proposed rule will potentially impact all trucking businesses involved in providing emergency relief. Allowing increased weights will result in fewer trips, lower labor costs, lower fuel costs, and less depreciation to equipment. The department anticipates these businesses would see some positive economic impact.

The proposed rule is expected to have minimal economic impact to the department and taxpayers. While allowing heavier than legal weight loads to be transported does reduce the life expectancy of the infrastructure, overall, the department would balance the heavier loads with appropriate axle configurations to more evenly distribute the weight and help protect the infrastructure. In addition, the limited duration of the emergency permits would also help minimize the infrastructure impact costs.

The proposed rule, fiscal estimate, and other related documents may be viewed at: https://docs.legis.wisconsin.gov/code.

Agency Contact Person/ Agency Small Business Regulatory Coordinator:

Ehren Bittorf,

Supervisor of OSOW Permit Unit

Wisconsin Department of Transportation - Division of Transportation Systems Development

[phone].

[e-mail]

ADMINISTRATIVE RULES ENVIRONMENTAL DOCUMENTATION

Wisconsin Department of Transportation (May 2021)

Administrative Rule No.: TRANS 230

Relating To: Permits for loads exceeding size, weight, and vehicle combination limits

Permanent Rule or Emergency Rule: ☑ Permanent ☑ Emergency

Statement of Scope Approval Date: 02/19/2021 (both)

Administrative Rule Fiscal Estimate: Minimal economic impact to the department and taxpayers.

Trans 400 Action Type and Text: Trans 400.08(2)(e) – Actions which individually or cumulatively do not significantly affect the quality of the human environment and do not involve unresolved conflicts in the use of available resources.

This document is considered a draft version until it is signed. Section III of the Categorical Exclusion (CE) shall be updated with testimony and responses to testimony following the Administrative Rule Hearing. The CE may then be signed, the Preferred Alternative in Section I becomes the Selected Alternative and the CE becomes the final environmental document.

WisDOT Central Office BTS-EPDS Staff:

WisDOT Administrative Rule Sponsor:

I certify that I have reviewed this document and agree with the determination that the proposed Administrative Rule action and resultant impacts meet the definition of a CE as described in Trans 400.08(2)(e), and if applicable 23 CFR 771.117(a) & (b), and will not result in significant economic and environmental impacts. I recommend this CE for approval.

I certify that I am familiar with this proposed Administrative Rule scope and its impacts and that the information contained in this document is accurate and can be relied upon for documentation decisions.

(Signature)

(Signature)

(Print Name and Affiliation)

(Print Name and Affiliation)

(Date)

(Date)

This template may be used for Wisconsin Environmental Policy Act (WEPA) CE documentation for Administrative Rules.

A determination that this rule satisfies the criteria for a WEPA Categorical Exclusion (CE) does not relieve the applicant of the requirement to comply with other laws and regulations. Any correspondence or documentation used to prepare this CE documentation for Administrative Rules should be maintained in the project file and provided with this document upon request.

I. Description of Objective of the Proposed Rule, Alternatives and the Preferred Alternative

Description of the objective of the proposed rule:

Provide the detailed description of the objective of the proposed Administrative Rule from the Approved Statement of Scope. The description must be consistent with the Trans 400.08(2)(e) description listed above:

The proposed emergency rule would allow the Department flexibility to waive the divisible high load requirement for oversize/overweight (OSOW) permitting of vehicles and allow it to respond in a timelier manner to declared emergency situations.

The proposed emergency rule would facilitate the expedited movement of essential goods and services during declared emergencies, while ensuring the Department’s ability to safeguard the State’s transportation infrastructure and health and safety of the public.

Alternatives:

A description of proposed Administrative Rule alternatives considered should be included here. The discussion of alternatives may be limited to the No-action alternative and the proposed Administrative Rule as the preferred alternative. If more than one alternative was considered during Administrative Rule scoping, briefly discuss the alternative(s) considered as well as the proposed Administrative Rule and the No-action alternative.

No-action: This alternative would result in doing nothing and require trucks to continue hauling at the legal weight. This alternative would help preserve the highway infrastructure to a certain extent. It would also require more drivers and more trips, resulting in higher labor costs and less fuel efficiency. While the No-action alternative does not meet the objective of the proposed rule, it does serve as a baseline for the comparison on other action alternatives.