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Wisconsin
Administrative
Register
No. 491
Publication Date: November 30, 1996
Effective Date: December 1, 1996
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
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Pages 5 to 14.
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Agriculture, Trade & Consumer Protection:
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Rules relating to animal health.
Rule relating to prohibiting certain gaseous hydrocarbons in mobile air conditioners.
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Corrections:
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Rule relating to inmate mail.
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Health & Family Services:
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Community Services, Chs. HSS 30--
Rules relating to administration of child care funds.
Rules relating to child care providers certification.
Rule relating to child care funds and copayments.
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Health & Family Services:
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Medical Assistance, Chs. HSS 100--
Rules relating to coverage of school-based medical services.
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Health & Family Services:
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Health, Chs. HSS 110--
Rules relating to permit fees.
Rules relating to public swimming pools.
Rules relating to fees.
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Health & Social Services (Workforce Development):
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Economic Support, Chs. HSS 200--
Rules relating to time limits on benefits for AFDC recipients in the Job Opportunities and Basic Skills (JOBS) program.
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Industry, Labor & Human Relations (Commerce):
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Uniform Dwellings, Chs. ILHR 20-25
Rules relating to dwellings constructed in flood hazard zones.
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Industry, Labor & Human Relations (Commerce):
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Building & Heating, etc., Chs. ILHR 50-64
Multi-Family Dwelling, Ch. ILHR 66
Rules delaying energy efficiency revision to chs. ILHR 50-64 and 66.
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Industry, Labor & Human Relations (Workforce Development):
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Labor Standards, Chs. ILHR 270-279
Rules relating to the minimum wage.
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Insurance, Commissioner of:
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Rules relating to premium rates for the Health Insurance Risk-Sharing Plan (HIRSP).
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Natural Resources:
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Fish, Game, etc., Chs. NR 1-
Rules relating to size and bag limits for Lac du Flambeau reservation.
Rules relating to the 1996 deer hunting season.
Rules relating to fishing for yellow perch in Lake Michigan.
Rules relating to the 1996 deer hunting season.
Rules relating to the 1996 migratory game bird season.
Rules relating to fishing for yellow perch in Lake Michigan.
Rule adopted creating s. NR 27.07, relating to notice of receipt of an application to incidentally take an endangered or threatened species. [FIRST APPEARANCE]
Rules adopted revising chs. NR 25 and 26, relating to the Lake Superior fisheries management plan. [FIRST APPEARANCE]
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Public Instruction:
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Rules relating to dispute resolution concerning children with exceptional educational needs (EEN).
Rules relating to the handicapping condition of significant developmental delay.
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Transportation:
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Rules relating to transportation of garbage or refuse permits.
Rules adopted revising ch. Trans 76, relating to general transportation aids.
Rules adopted revising ch. Trans 117, relating to occupational driver's license.
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Scope Statements.
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Pages 15 to 17.
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Employe Trust Funds:
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ETF Code - Relating to procedures by which participating employes may reestablish forfeited service and purchase other types of service in the Wisconsin Retirement System (WRS), as authorized under chapter 40 of the Wisconsin Statutes.
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Health & Family Services:
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Ch. HSS 148 - Relating to rural counties participating in the Wisconsin breast cancer screening program.
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Natural Resources:
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NR Code - Relating to Sturgeon Management Assessment Team and to the evaluation of current sturgeon management goals.
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Natural Resources:
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S. NR 27.03 (3) - Relating to a revision to list the timber rattlesnake as a threatened species.
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Natural Resources:
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Ch. NR 702 - Relating to contingency planning for hazardous substances discharge response by state agencies; and Ch. NR 704 - Relating to contingency planning for abandoned container response.
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Revenue:
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S. Tax 12.065 - Relating to assessor continuing education.
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Notice of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Page 19 to 20.
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Corrections:
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Ch. DOC 308 - Relating to administrative confinement.
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Corrections:
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S. DOC 309.05 (2) (b) - Relating to the stamping of outgoing inmate mail.
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Corrections:
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Ch. DOC 324 - Relating to the release of inmates under work and study program.
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Natural Resources:
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S. NR 5.21 (2) - Relating to the slow-no-wake speed restriction waiver on the Wild Rose Pond.
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Natural Resources:
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SS. NR 25.09, 25.10 & 26.23 - Relating to the Lake Superior fisheries management plan.
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Natural Resources:
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S. NR 27.07 - Relating to notice of an application to incidentally take an endangered or threatened species.
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Natural Resources:
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Chs. NR 502, 503, 506, 512, 514, 516 and 520 - Relating to solid waste management.
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Transportation:
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Ch. Trans 76 - Relating to general transportation aids.
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Notice Section.
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Pages 21 to 24.
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Industry, Labor & Human Relations:
[Workforce Development]
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Labor Standards, Chs. 270 - 279
Hearing to consider revision of chs. ILHR 272 and 274, relating to minimum wage.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1--
Hearing to consider s. NR 5.21, relating to waiver of slow-no-wake restriction on the Wild Rose Pond.
Hearing to consider revision to chs. NR 25 and 26, relating to the Lake Superior Fisheries Management Plan.
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Natural Resources:
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Environmental Protection-Solid & Hazardous Waste,
Chs. NR 500--
Hearings to consider revision to chs. NR 502, 503, 506, 512, 514, 516 & 520, relating to solid waste management.
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Transportation:
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Hearing to consider revision to ch. Trans 76, relating to general transportation aids.
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Administrative Rules Filed With the Revisor of Statutes Bureau.
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Page 25.
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Agriculture Trade & Consumer Protection:
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Employe Trust Funds:
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Employe Trust Funds:
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( CR 96-126) - SS. ETF 20.04 (4), 20.07 & 60.53 |
Employe Trust Funds:
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( CR 96-137) - SS. ETF 10.01, 20.14, 20.15 & 20.16 |
Health & Family Services:
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Insurance:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Revenue:
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Revenue:
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( CR 96-91) - SS. Tax 11.28, 11.46, 11.51 and 11.87 |
Securities:
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( CR 96-143) - Chs. SEC 2,3,4,5,7,9, 31,32,33,35 and 37 |
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Rules Published in this Wisconsin Administrative Register.
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Page 26.
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Agriculture, Trade & Consumer Protection:
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Financial Institutions-Banking:
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Financial Institutions-Banking:
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Health & Family Services:
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( CR 96-120) - S. HSS 146.03 (9), (10) and (11) |
Natural Resources:
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( CR 96-21) - SS. NR 149.22 and 219.04 Table A |
Natural Resources:
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Public Defender:
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Public Defender:
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Regulation & Licensing:
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Securities:
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( CR 96-128) - S. SEC 2.01 (1) (c) 5 and (d) 5 |
Social Workers, Marriage & Family Therapists and Professional Counselors:
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Transportation:
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Final Regulatory Flexibility Analysis.
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Page 27 to 28.
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Agriculture, Trade & Consumer Protection:
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Natural Resources:
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Public Defender:
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Public Defender:
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Regulation & Licensing:
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Securities:
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Social Workers, Marriage and Family Therapists and Professional Counselors:
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Transportation:
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E m e r g e n c y R u l e s N o w I n E f f e c t
Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.
Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
EMERGENCY RULES NOW IN EFFECT (2)
Department of Agriculture, Trade & Consumer Protection
1. Rules adopted revising chs. ATCP 10 to 12, relating to animal health.
Finding of Emergency
The state of Wisconsin department of agriculture, trade and consumer protection (“department”) finds that an emergency exists and that an emergency rule is necessary to protect public health, safety and welfare. The facts constituting the emergency are as follows:
(1) 1995 Wis. Act 79 was published December 8, 1995. Under its provisions, no person may keep farm-raised deer in Wisconsin after June 1, 1996, unless that person is registered with the department.
(2) 1995 Wis. Act 79 requires the department to adopt rules which specify the fee for registration. In addition, rules are necessary to establish the mechanism for registration.
(3) Prior to 1995 Wis. Act 79, persons who kept farm-raised deer were required to be licensed by the department of natural resources (DNR). Many persons who keep farm-raised deer will have become licensed with DNR for calendar year 1996. Those licenses will be transferred to the department as registrations.
(4) Permanent rules implementing 1995 Wis. Act 79 will not take effect until on or about January 1, 1997. This emergency rule establishes an interim procedure for registering herds of farm-raised deer, pending the effective date of the permanent rules. Without this emergency rule, no person would be able to start a farm-raised deer herd in Wisconsin between June 1, 1996, and the effective date of the permanent rules, because there would be no way to register that herd.
(5) 1995 Wis. Act 79 also requires animal owners to provide a means of testing those animals for tuberculosis without endangering the animal or the person performing the test. In addition, a non-statutory provision of that Act requires all keepers of farm-raised deer to have the deer tested for tuberculosis between December 8, 1995, and June 30, 1997.
(7) Concerns for the safety of farm-raised deer during testing prohibit testing during significant periods of the year. For example, deer should not be tested during the birthing season, the rut season and the season in which the animals are in velvet. Therefore testing is restricted to periods in late August to early October or during January and February.
(8) The department anticipates that many keepers of farm-raised deer will perform their testing in July, August or September of 1996, before a permanent rule can be adopted. This emergency rule establishes three alternative ways in which the animal owner can insure the safety of the persons doing the testing. This is necessary to insure the safety of the person conducting the test and to permit the keeper of farm-raised deer to know what constitutes adequate restraint of the animals.
(9) In September, 1995, the United States department of agriculture adopted new regulations relating to identification and slaughter shipment of bovines or cervidae which are reactors or suspects for bovine tuberculosis. Wisconsin's current administrative rules are in conflict with the current federal regulations. This emergency rule will make Wisconsin's rules consistent with the federal regulations, so that persons who comply with federal law will not be placed in violation of state law.
(10) In March 1996, the department was advised by the United States department of agriculture that the Russian federation intends to prohibit shipment of poultry meat into the Russian federation from any state which does not require veterinarians to report the presence of specific poultry diseases to the state animal health agency. Wisconsin's current administrative rules do not require reporting of 5 of the diseases which concern the Russian federation.
(11) Wisconsin poultry producers ship poultry meat valued in excess of $1 million per year to the Russian federation. By adopting a provision requiring veterinarians to report the existence of 5 diseases to the department, the department will protect the poultry producers' export market in the Russian federation. The department has proposed a permanent rule requiring reporting of the diseases. This emergency rule protects the export market during the period before the permanent rule is effective.
Publication Date:
June 3, 1996
Effective Date:
June 3, 1996
Expiration Date:
October 31, 1996
Extension Through:
December 29, 1996
2. Rule adopted creating s. ATCP 139.04 (11), relating to prohibiting the sale of butane, propane, mixtures of butane and propane, or other gaseous hydrocarbons for use as refrigerants in mobile air conditioners.
Finding of Emergency
(1) On June 2, 1995, the United States Environmental Protection Agency (“EPA”) issued a final rule prohibiting the use of HC-12a, a hydrocarbon-based refrigerant containing liquified petroleum gas, as a refrigerant in mobile air conditioning systems. EPA prohibited HC-12a, and a predecessor product called OZ-12, because of safety risks associated with the use of flammable refrigerants in mobile air conditioning systems. According to EPA, the manufacturer of HC-12a did not provide adequate information to demonstrate that the product was safe when used in a mobile air conditioning system.
(2) Despite the current EPA rule, at least one company is currently engaged in manufacturing and distributing HC-12a for use in motor vehicle air conditioning systems. The Idaho manufacturer argues that EPA lacks jurisdiction to regulate the sale of its product. HC-12a is currently being offered, distributed or promoted for sale at wholesale and retail outlets in Wisconsin and surrounding states, for use as a refrigerant in mobile air conditioning systems.
(3) HC-12a is a highly flammable substance, as defined by the American Society of Testing and Materials (ASTM) standard test procedure for refrigerants, the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE), and Underwriter's Laboratories. Use of HC-12a or its predecessor, OZ-12, in mobile air conditioning systems is inconsistent with standards adopted by the Society of Automotive Engineers. According to those standards, refrigerants used in mobile air conditioning systems must be of low toxicity, and must be nonflammable and nonexplosive.
(4) At least 13 states have enacted legislation prohibiting the sale of refrigerants for use in air conditioning or refrigeration systems unless those refrigerants meet flammability standards or are specifically approved for their intended use.
(5) HC-12a and other hydrocarbon-based refrigerants, when sold for use in motor vehicle air conditioning systems, present a serious risk to public health and safety for the following reasons:
(a) Motor vehicles and mobile air conditioning systems are not currently designed to use flammable refrigerants, or to prevent hazards associated with flammable refrigerants.
(b) Refrigerants in mobile air conditioning systems commonly leak into the engine compartments or passenger compartments of motor vehicles. Leaking refrigerant is often routed into the passenger compartment through the air distribution system from the evaporator. Hydrocarbon refrigerants, which are heavier than air, will tend to accumulate in low or confined spaces of a motor vehicle.
(c) Hydrocarbon refrigerants are flammable at low concentrations.
(d) Internal components of a motor vehicle provide many potential sources of ignition for flammable refrigerants. Passenger activities, such as smoking, may also create ignition sources.
(e) Fires or explosions resulting from the ignition of leaked flammable refrigerant may cause serious bodily injury or death to motor vehicle passengers. Automotive technicians who test for leaks, or who repair or service mobile air conditioning systems containing flammable refrigerants, are also at risk.
(6) The risk to public health and safety cannot be adequately addressed by product packaging or labeling, for the following reasons:
(a) The use of flammable hydrocarbon-based products in motor vehicle air conditioning systems is inherently hazardous. That hazard will not be materially altered by mere packaging or labeling.
(b) Use is hazardous to persons who are not aware that the refrigerant is present, and have not have seen or read the product label.
(c) Current product labels for HC-12a already contain a warning statement that the contents are under pressure and are extremely flammable. Current labels direct use by qualified personnel only, and list other cautions and instructions when recharging a mobile air conditioning system with this substitute refrigerant. These label statements do not materially alter the hazard inherent in the use for which the product is sold. There are few if any protective actions which a customer or technician could take to reduce the hazards associated with use of the product.
(d) There are no automotive industry standards which would allow a flammable refrigerant to be used in a motor vehicle air conditioning system as currently designed.
(7) Flammable hydrocarbon-based refrigerants, including HC-12a, OZ-12, and other refrigerants containing butane, propane, mixtures of butane and propane, or other gaseous hydrocarbons, pose a serious risk to public health and safety when sold for use as refrigerants in mobile air conditioners. At this time, the public health and safety can only be protected by keeping these products out of the channels of commerce in this state. The department can and should adopt rules, under ss. 93.07(1) and 100.37(2), Stats., prohibiting the sale of such products in this state.
(8) Pending the adoption of rules according normal administrative rulemaking procedures, it is necessary to adopt emergency rules under s. 227.24, Stats., to protect the public health, safety and welfare.
Publication Date:
October 9, 1996
Effective Date:
October 9, 1996
Expiration Date:
March 8, 1997
Hearing Date:
November 15, 1996
EMERGENCY RULES NOW IN EFFECT
Department of Corrections
Rules adopted creating s. DOC 309.05 (2)(d), relating to inmate mail.
Finding of Emergency
The Department of Corrections finds an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
Wisconsin state prison inmates outgoing mail is generally not reviewed or censored. Inmates have used mail to:
1. Contact the victims of their crimes, which has caused severe emotional distress;
2. Threaten and harass elected officials, law enforcement officers, and other persons; and
3. Defraud mail order and other businesses.
Since November 1, 1993, pursuant to Internal Management Procedure #35, the department has stamped outgoing inmate mail to indicate that the mail was sent from the Wisconsin state prison system. IMP #35 was adopted to protect victims of crime, the public, and businesses from inmate harassment and fraud.
