CR_10-099 Notice of proposed rules (without public hearing) to revise Ch. Trans 178, relating to the Unified Carrier Registration System.

Comparison with federal regulations

These state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulating the hunting and trapping of native species has been delegated to state fish and wildlife agencies.

Comparison with rules in adjacent states

These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of wild game that are established based on needs that are unique to that state's resources and public desires.

Summary of factual data and analytical methodologies

The harvest of antlerless deer is managed by the department in order to achieve overwinter goals established in NR 10.104, Wis. Adm. Code.

In management units where the deer population is below goal, the department may restrict antlerless deer harvest or establish an antlerless quota of zero. When the quota is zero in a unit, most firearm deer hunters may not harvest antlerless deer. Only archers, first year hunter safety graduates, and disabled permit holders are allowed to harvest antlerless deer when no quota has been established.

Eliminating archery hunter's ability to harvest antlerless deer in zero quota units would make regulations more consistent between the firearm and archery seasons.

Environmental Impact

The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150 , Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Small Business Impact

These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule. Pursuant to s. 227.114 , Stats., it is not anticipated that the proposed rules will have a significant economic impact on small businesses.

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

Fiscal Estimate

Assumptions used in arriving at fiscal estimate

This proposed rule does not create license types or new license issuance procedures. It will require updating printed instructions on carcass tags which can be done when annual updates are made and will result in no fiscal impact. It is not anticipated that this change will have an impact on license sales because the harvest of antlered bucks is still allowed in all units statewide. The ability to harvest an antlered deer is, for most hunters, the primary feature of the archery deer hunting license. Additionally, the harvest of antlerless deer will still be allowed in most units.

State fiscal effect

None.

Anticipated private sector costs

These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector. Additionally, no significant costs are associated with compliance to these rules.

Agency Contact Person

Scott Loomans

101 South Webster Street

PO Box 7921

Madison, WI 53707-7921

Phone: [phone]

Email: [e-mail]

Notice of Proposed Rulemaking

Transportation

CR 10-099

NOTICE IS HEREBY GIVEN that pursuant to the authority of s. 194.407 (1) and (3) , Stats., as created by 2007 Wis. Act 20 , and according to the procedure set forth in s. 227.16 (2) (e) , Stats., the Wisconsin Department of Transportation will adopt the following rule amending Chapter Trans 178 without public hearing unless, within 30 days after publication of this notice on August 14, 2010, the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.

Copies of Proposed Rule

A copy of the rule may be obtained upon request from Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P.O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at [phone] or via e-mail: carson.frazier@wisconsin. gov . Copies of the proposed rule may also be obtained on the Department's administrative rules internet website at: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm .

Submittal of Petition for Hearing

Questions or petitions for hearing should be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P.O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at [phone] or via e-mail: carson.frazier@wisconsin. gov .

To view the proposed amendment to the rule, view the current rule, or submit a petition for hearing via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm .

Analysis Prepared by the Department of Transportation

Statutes interpreted

Section 194.407 , Stats., as created by 2007 Wis. Act 20 .

Statutory authority

Section 194.407 (1) and (3) , Stats., as created by 2007 Wis. Act 20 .

Explanation of agency authority

Section 194.407 , Stats., authorizes the Department to implement and administer a unified registration system for motor carriers consistent with 49 USC 13908 and 14504a , and to prescribe annual fees for that registration.

Related statute or rule

Section 194.407 , Stats., 49 USC 13908 and 14504a , 49 CFR 367 .

Plain language analysis

Chapter Trans 178 establishes the fees to be charged under the Unified Carrier Registration (UCR) system, and establishes a method for counting the number of vehicles so that an entity knows whether it is required to register under UCR and, if so, which fee bracket applies to the entity.

The Federal Motor Carrier Safety Administration published in the Federal Register on April 27, 2010 a changed schedule of fees. As provided in s. Trans 178.03(2) , on May 6, 2010, the Department sent notice of the changed fees to the chairpersons of the standing committees of the legislature having jurisdiction over transportation. Neither committee chairperson notified the secretary of transportation within 14 working days after that notice that the committee had scheduled a meeting for the purpose of reviewing the fees. The Department implemented the new fees on May 27, 2010. The proposed rule replaces the prior fee schedule with the new fee schedule.

In addition, the proposed rule removes the reference to towed vehicles in the definition of commercial motor vehicle for the purposes of the UCR to conform to federal law. Originally, UCR included towed vehicles (trailers) in the definition of commercial motor vehicles for the purposes of UCR; subsequently, federal law eliminated towed vehicles from the definition.

Comparison with federal regulations

This proposed rule complies and is consistent with federal law and regulations pertaining to the Unified Carrier Registration system.

Comparison with rules in adjacent states

Michigan:

Michigan participates in UCR. Michigan charges the 2010 fees as required by federal law and regulation and the UCR Agreement.

Minnesota:

Minnesota participates in UCR. Minnesota charges the 2010 fees as required by federal law and regulation and the UCR Agreement.

Illinois:

Illinois participates in UCR. Illinois charges the 2010 fees as required by federal law and regulation and the UCR Agreement.

Iowa:

Iowa participates in UCR. Iowa charges the 2010 fees as required by federal law and regulation and the UCR Agreement.

Summary of factual data and analytical methodologies

This proposed rule is derived solely from federal law, federal regulation and Unified Carrier Registration Agreement, both of which are authorized by 49 USC 13908 and 14504a and implement those sections. If Wisconsin does not follow federal law, federal regulation, and the Unified Carrier Registration Agreement, Wisconsin may not participate in the UCR program. If Wisconsin does not participate in the UCR program, Wisconsin will forfeit revenues from carrier registration pursuant to federal law.

Analysis and supporting documentation used to determine effect on small businesses

This proposed rule is derived solely from federal law, federal regulation, and Unified Carrier Registration Agreement. Any effect on small businesses is a result of federal law, federal regulation and the Unified Carrier Registration Agreement.

Small Business Impact

The fees charged under federal law, federal regulation, and Unified Carrier Registration Agreement will affect some small businesses by increasing the amount of annual registration fee. The new fee schedule increases all fees by just less than 96%. These fees are established under federal law at 49 CFR 367.20 but may be revised annually by publication in the federal register. If Wisconsin does not charge these fees, small businesses that operate affected trucks and trailers outside this state will nevertheless be required to pay these same fees to other states. The Department's Regulatory Review Coordinator may be contacted by e-mail at [e-mail] , or by calling [phone].

Fiscal Estimate

This proposed rule is derived solely from federal law, federal regulation, and Unified Carrier Registration Agreement. Any 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 is a result of federal law, federal regulation and the Unified Carrier Registration Agreement. The Unified Carrier Registration Agreement authorizes states to exempt solely intra-state carriers and qualified school buses from the registration fee, and the Department has made registration and payment of the fees optional for those entities.

Anticipated Costs Incurred By Private Sector

This proposed rule is derived solely from federal law, federal regulation, and Unified Carrier Registration Agreement. Any cost incurred by the private sector is a result of federal law, federal regulation and the Unified Carrier Registration Agreement. The fee schedule increases all fees by just less than 96%.

Text of Proposed Rule

SECTION 1. Trans 178.02 (2) is amended to read:

Trans 178.02 (2) "Commercial motor vehicle," as defined in 49 USC 31101 , means a self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or cargo, if the vehicle meets any of the following criteria:

SECTION 2. Trans 178.03 (1) is amended to read:

Trans 178.03 (1) Except as provided in sub. (2), as provided in 49 CFR 367.20 , fees for registration year 2007 2010 and thereafter are as follows:

Bracket	Number of commercial motor vehicles owned or operated by exempt or non-exempt motor carrier, motor private carrier, or freight forwarder	Fee per company for exempt or non-exempt motor carrier, motor private carrier, or freight forwarder	Fee per company for broker or leasing company
B1	0-2	$ 39 76	$ 39 76
B2	3-5	$ 116 227	$ 39 76
B3	6-20	$ 231 452	$ 39 76
B4	21-100	$ 806 1,576	$ 39 76
B5	101-1,000	$ 3,840 7,511	$ 39 76
B6	1,001 and above	$ 37,500 73,346	$ 39 76

SECTION 3. Trans 178.04 (1) (a) 1. (note) is created to read:

Note: As stated in s. Trans 178.02 (2) , a commercial motor vehicle for purposes of UCR does not include a towed vehicle. Therefore, a carrier should exclude any towed vehicles reported on the MCS-150.

Agency Contact Person

Carson Frazier, Dept. of Transportation

P.O. Box 7911, Madison, WI 53707-7911

Phone: [phone]

e-mail: carson.frazier@wisconsin. gov