CR_12-041 Hearing to consider the amendment of Chapter Trans 200, Wisconsin Administrative Code, relating to the erection of signs on public highways.

https://www.revisor.mn.gov/rules/?id=1800

Summary of factual data and analytical methodologies

No factual data was required for the rule-making in this proposal, as the changes were necessitated by statute. For that reason, no analysis was involved in the preparation of these proposed rules.

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

Pursuant to s. IV, 3. a., of EO # 50, the changes proposed herein were posted on both the state's and the department's administrative rules websites for 14 days to solicit comments regarding their potential economic impact on businesses, business sectors, professional associations, local government units, or potentially interested parties. In addition, e-mail solicitations were sent to several potentially interested parties. No responses to any of the solicitations were received.

The Landscape Architect Section of the Joint Board concludes that the proposed rules will have no economic impact on small businesses. This proposal tracks statutory changes made in 2009 Wisconsin Acts 123 and 350 , which became effective on February 26, 2010 and May 28, 2010, respectively, both over two years ago. Both Acts have been in place long enough to produce the resulting economic or fiscal impact experienced by private businesses or public entities, if any, and for such impact to have been fully absorbed by those entities as a part of routine operations. The transfer of authority for licensure examination content from the Joint Board to the Landscape Architect Section effected by 2011 Wis. Act 146 will have no economic impact on any individual or entity. The final two amendments of this proposal are matters of clarifying an existing rule and removing obsolete date references, neither of which carry an economic impact.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis are attached.

Effect on Small Business

Because the statutory changes that prompted this proposal took effect over two years ago, these proposed rules will not have an economic impact on small businesses, as defined in s. 227.114 (1) , Stats., beyond that which such businesses have already experienced and absorbed. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail] , or by calling [phone].

Agency Contact Person

Kris Anderson, Paralegal, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 117, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail] .

Text of Rule

SECTION 1. A-E 8.07 is amended to read:

A-E 8.07 Unauthorized practice. An architect, landscape architect , professional engineer, designer , or land surveyor:

(1) Shall assist in enforcing laws which prohibit the unlicensed practice of architecture, landscape architecture , professional engineering, designing , and land surveying by reporting violations to the board.

(2) May not delegate professional responsibility to unlicensed persons and may not otherwise aid or abet the unlicensed practice of architecture, landscape architecture , professional engineering, designing , or land surveying.

SECTION 2. A-E 9.03 (1) is renumbered to A-E 9.03 (1) (a).

SECTION 3. A-E 9.03 (1) (b) is created to read:

A-E 9.03 (1) (b) To qualify as satisfactory experience in landscape architecture for the purposes of s. 443.035 (1) (a) , Stats., an applicant's experience must be obtained subsequent to completion of the education requirements.

SECTION 4. A-E 9.05 (1) (a) is amended to read:

A-E 9.05 Examinations. (1) Scope of written examinations. (a) After December 31, 1995, a An applicant for initial registration as a landscape architect shall pass an examination determined by the examining board landscape architecture section to assess knowledges required for the professional practice of landscape architecture.

SECTION 5. A-E 9.05 (1) (b) is repealed

SECTION 6. A-E 9.05 (6) is repealed.

SECTION 7. A-E 9.06 (3) is amended to read:

A-E 9.06 (3) References from at least 5 individuals, 3 of whom have personal knowledge of the applicant's experience in landscape architecture and are engaged in the practice of landscape architecture. If 3 references from individuals who are engaged in the practice of landscape architecture are not available, the section may accept references from individuals actively engaged in the practice of an allied profession. After December 31, 1995, o O ne of the 3 references having personal knowledge of the applicant's experience in landscape architecture shall be licensed or registered as a landscape architect by the licensing authority of some licensing jurisdiction in the United States or Canada.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   Updated   Corrected
2. Administrative Rule Chapter, Title and Number
A-E 8, 9
3. Subject
Landscape Architect Licensure and Practice
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
GPR   FED   X PRO   PRS   SEG   SEG-S
6. Fiscal Effect of Implementing the Rule
No Fiscal Effect Indeterminate	Increase Existing Revenues Decrease Existing Revenues		X Increase Costs X Could Absorb Within Agency's Budget Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
State's Economy Local Government Units		Specific Businesses/Sectors Public Utility Rate Payers Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? Yes     X No
9. Policy Problem Addressed by the Rule
All but two of the proposed rule amendments are based on statutory changes already in effect. Of the two exceptions, one clarifies an existing rule, and one removes obsolete date references, neither of which will make any substantive changes. Two of the statutory amendments from which this proposal arises have been in effect for more than two years, and thus, the proposed rule amendments prompted thereby involved no policy changes or discussions. Neither the Legislative Council's original Act Memo for 2011 Wis. Act 146, nor the one created following the adoption of Senate Amendment 1, provide any information bearing on the impetus for granting full credentialing authority, including determining the content of the profession's licensure examination, to the Landscape Architecture Section of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors (Joint Board). However, that authority grant would seem to reflect an acknowledgement that the Section, whose members are specifically devoted to the landscape architecture profession, are best equipped to perform that function, as opposed to the Joint Board as a whole.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
The rule amendments that are based on 2009 Wis. Acts 123 and 350, both of which have been in effect for more than two years, will have no current impact on any interested parties. 2011 Wis. Act 146's grant of full credentialing authority for landscape architects to the Landscape Architecture Section, which became effective on May 4, 2012, will have affected only those entities immediately involved, i.e., the Section and its licensees, the Joint Board, and DSPS credentialing and legal services staff.
11. Identify the local governmental units that participated in the development of this EIA.
None.
12. 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)
None.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Promulgating the proposed amendments to the landscape architecture rules will implement the statutory changes made by 2009 Wis. Acts 123 and 350, and by 2011 Wis. Act 146, thus bringing the rules into conformance with the statutes. Because they are mandated by statute, there are no alternatives to promulgating these rules.
14. Long Range Implications of Implementing the Rule
The only potential long-range implication of this proposal is that current and future landscape architects will be better prepared to practice their profession, as their credentialing is now performed by the Landscape Architecture Section, whose members are specifically devoted to the landscape architecture profession, as opposed to the entire Joint Board, which governs several other professions as well.
15. Compare With Approaches Being Used by Federal Government
The federal government does not regulate professionals such as landscape architects.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Illinois: The Illinois Landscape Architecture Act of 1989, incorporated into the Illinois Compiled Statutes (ILCS) at 225 IlCS 315, prohibits any person from representing him or herself as a landscape architect ,or from using "landscape architect" or "landscape architecture" in a title associated with his or her name unless licensed by the Department of Financial and Professional Regulation (DFPR). 225 ILCS 315/4. However, any person may engage in the practice of landscape architecture so long as he or she complies with the title prohibition. 225 ILCS 315/5. DFPR is required to consult the Illinois Landscape Architect Registration Board when promulgating rules regarding the licensure and practice of landscape architects. 225 ILCS 315/8 (c). Although the DFPR may seek the expert knowledge of the Board on any matter related to the administration of the 1989 Act, it retains final authority over all such matters, which includes content of examination for initial licensure. 225 ILCS 315/8 (b) and (d), 315/11 (a). The statutes do not address examination review for applicants who fail the required examination. http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1342&ChapterID=24 DFPR's administrative rules provide that applicants for licensure as a landscape architect must pass the Landscape Architect Registration Examination of the Council of Landscape Architectural Registration Boards (CLARB). 68 Ill. Reg. 1275.50 (a). The Illinois rules also do not address examination review for applicants who fail the required examination. http://www.ilga.gov/commission/jcar/admincode/068/06801275sections.html Iowa: The Iowa statutes, referred to as the Iowa Code, prohibit any person from engaging in the practice of landscape architecture, or using a title containing those words or any variation thereof to represent him or herself, without a license issued by the Iowa Landscape Architectural Examining Board. XIII Iowa Code 544B.2. The Board, which is part of the Iowa Department of Commerce, has rule-making authority for all matters related to landscape architect licensure, including examination content and administration. XIII Iowa Code 544B.5., B.8. An applicant who fails the required examination may submit a written request for information concerning his or her grade or questions answered incorrectly, unless a uniform, standardized examination is used. In that event, the Board is only required to provide the examination grade and such other information as is made available to the Board. XIII Iowa Code 544B.8. http://search.legis.state.ia.us/nxt/gateway.dll/ic?f=templates&fn=default.htm The rules of the Iowa Landscape Architectural Examining Board provide that, within 30 days of notification of a failing grade, the landscape architect examinant may submit a written request to the Board to review his or her own graded examination. 193D—2.5(3)a., Iowa Admin. Code. http://www.legis.state.ia.us/aspx/ACODocs/DOCS/08-08-2012.193D.pdf Michigan: Under Michigan's statutes, known as the Michigan Compiled Laws (MCL), no person may engage in the practice of landscape architecture unless duly licensed in that profession. See MCL ss. 339.2201 (a) and (b), and 339.2202 (3). Additionally, no person may use the title "landscape architect" or use the phrase "landscape architecture" in representing him or herself unless that person is so licensed. MCL s. 339.2211. The Department of Licensing and Regulatory Affairs (LARA) has authority for the examination content and licensure of landscape architects. MCL s. 339.2204. The Michigan statutes do not address examination review for applicants who fail the required examination. http://legislature.mi.gov/doc.aspx?mcl-299-1980-22 LARA requires an applicant for landscape architect licensure to pass either the uniform national examination of CLARB or a state licensing examination deemed by LARA to be equivalent thereto. R 339.19025 (1), Mich. Admin. Code. The Michigan rules also do not address examination review for applicants who fail the required examination. http://www7.dleg.state.mi.us/orr/Files/AdminCode/105_23_AdminCode.pdf
Minnesota: In Minnesota, no person may practice, offer to practice, or use a title representing the professional capacity to practice, landscape architecture unless licensed by the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design. Sections 326.02 (1), (4a), 326.06, Minn. Stats. The Board has rule-making authority for all aspects of the regulation of its associated professions, including licensure examination content. Section 326.06, Minn. Stats. The Minnesota statutes do not address examination review or re-examination for applicants who fail the required examination. https://www.revisor.mn.gov/statutes/?id=326 By administrative rule, the Minnesota Board requires applicants for licensure as a landscape architect to pass the Landscape Architect Registration Examination administered by CLARB. Sections 1800.0800 E.; 1800.1500, Subp. 1.; 1800.1700, Subp. 1.; Minn. Admin. Code. While the Minnesota rules allow an applicant who fails the required licensing examination to retake it for another fee, s. 1800.0900, Subp. 4., they do not address review of failed examinations. https://www.revisor.mn.gov/rules/?id=1800
17. Contact Name				18. Contact Phone Number
Kristine E. Anderson, DBS Paralegal				[phone]

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Transportation

CR 12-041

NOTICE IS HEREBY GIVEN that pursuant to ss. 86.195 and 86.195(2)(a) Stats., interpreting sections 86.195 and 86.196 Stats., the Wisconsin Department of Transportation proposes an order to consider the amendment of Chapter Trans 200 , Wisconsin Administrative Code, relating to the erection of signs on public highways.

Hearing Information

Date:   Monday, October 22, 2012

Time:   9:00 a.m.

Location:   Hill Farms State Transportation Building
  Room 515 - The Eau Claire Room
  4802 Sheboygan Avenue
  Madison, WI 53705

Accessibility

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call John Noll at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing. Accommodations such as interpreters, English translators, or materials in alternative format will, to the fullest extent possible, be made available upon a request from a person with a disability to accommodate your needs.

Copies of the Rule

A copy of the rule may be obtained upon request from John Noll, SIS/TODS Program Coordinator, Bureau of Traffic Operations, Traffic Engineering Section, Traffic Design Unit, Room 501, P. O. Box 7986, Madison, WI 53707-7986. You may also contact Mr. Noll by phone at [phone], or via e-mail: [e-mail] . Copies will also be available at the hearing.

Submitting Comments on the Rule

The public record on this proposed rule making will be held open for 14 days from the date of this order to permit the submission of comments. Any such comments should be submitted to John Noll, SIS/TODS Program Coordinator, Bureau of Traffic Operations, Traffic Engineering Section, Traffic Design Unit, Room 501, P. O. Box 7986, Madison, WI 53707-7986, or by calling [phone]. You may also contact Mr. Noll via e-mail at: [e-mail] .

To view the proposed amendment to the rule, view the current rule, and submit written comments 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 86.195 , Stats.

Statutory authority

Section 86.195 , Stats.

Explanation of statutory authority

The Department of Transportation may authorize the erection and maintenance of a specific information sign upon the request of any person within the right-of-way of a federal-aid primary highway or within the right-of-way of a federal-aid secondary highway under the jurisdiction of the department in accordance with s. 86.195 , Stats.

Related statute or rule

Sections 86.195 and Trans 200.06

Plain language analysis

This proposed rule-making would re-word Trans 200.06 (7) (b) 3. a., relating to the number of business logo panels allowed on specific information signs at interchanges when fewer than 6 qualified facilities are available in one or more of the categories of GAS, FOOD, LODGING, CAMPING and ATTRACTIONS. Business logo panels for 2 categories of motorist services may be displayed on the same information sign with certain limitations. This proposed rule increases flexibility, allowing more businesses to participate while making optimal use of existing structures.

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

By allowing more flexibility, more businesses could participate in the Specific Information Sign program. This rule change is consistent with the 2009 Federal Manual on Uniform Traffic Control Devices (MUTCD) adopted by WisDOT.

Comparison with rules in the following states

Michigan: The categories allowed in Michigan are Gas/Diesel, Food, Lodging Camping and 24-hour Pharmacy's. When displaying logo panels for multiple categories, Michigan complies with the 2009 MUTCD: When 2 types of services are displayed on one sign, the logo sign panels shall be limited to either 3 for each motorist service type (for a total of 6 sign panels), or 4 of 1 motorist service type and 2 of the other motorist service type (for a total of 6 sign panels).

Minnesota: Logo signs can be installed on Interstate highways and certain freeways in the Minneapolis/Saint Paul area. Other highways are ineligible. The signs are located at interchanges, not intersections.

GAS, FOOD, LODGING and CAMPING businesses may advertise on logo signs. These businesses provide essential motorist services, according to the Federal Highway Administration (FHA). When displaying logo panels on Interstate highways and certain freeways, Minnesota's logo program complies with the 2009 MUTCD, which allows 4 of 1 motorist service type and 2 of the other motorist service type (for a total of 6 sign panels).

Illinois: The Illinois Department of Transportation (IDOT) administers a Business Logo Signing Program along various Interstate highways and other freeways. This program involves mounting gas, food, lodging, camping business, and 24-hour pharmacy signs, referred to as logos, on large blue-background panels in advance of interchange exits and along exit ramps to alert motorists to available motorist services.

The program includes all sections of Interstate highways and other freeways except those passing through densely populated urbanized areas where logo signing would overload motorists with information that is not essential to their safe travel. It does not apply to highways under the jurisdiction of the Illinois State Toll Highway Authority.

Logo panels may be displayed to allow 3 business categories with 2 business logo panels from each category (for a total of 6 sign panels) on a single business sign structure. When 2 business categories are displayed on a single sign structure, 3 logo panels from each of the 2 business categories may be displayed, or 4 logo panels from 1 business category and 2 logo panels from another business category (for a total of 6 sign panels).

TOURIST ATTRACTION signs may be combined with business logo signs (Gas, Food, Camping and 24-Hour Pharmacy) on the same structure, with no more than 6 business logo panels displayed on any one structure. Tourist Attraction panels will not be combined with existing business service signs displaying more than 3 business logo panels. When tourist attraction signs are combined with business logo signs, one space will remain available for each business logo service type displayed on the structure.

This combination is different from what is suggested in the 2009 MUTCD.

Iowa: Iowa DOT requirements for mainline specific service signs erected in advance of an interchange, in a single direction of travel, and limitations regarding the numbers and types of business signs attached to these motorist service signs are as follows: Each mainline specific service sign is limited to 6 business logo panels. This restriction applies regardless of whether the specific service sign displays a single type of motorist service or a combination of motorist service types.

In general, only one type of motorist service should be displayed on each mainline specific service sign. However, the department may combine motorist service types on one sign for a reason such as, but not limited to, the following:

(1) Each combination sign is limited to 6 business logo panels.

(2) No more than 3 motorist service types shall be represented on any combination sign.

(3) For a combination sign displaying 3 types of motorist services, the number of business logo panels for each motorist service type is limited to 2.

(4) For a combination sign that will accommodate at least 4 business logo panels, each type of motorist service displayed on the sign must have at least 2 positions designated for that service type. This complies with the 2009 MUTCD.

Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen

The proposed rule change complies with the Federal Highway Administration Manual on Uniform Traffic Control Devices. When 2 types of motorist services are displayed on one sign, the logo sign panels shall be limited to either 3 for each motorist service type (for a total of 6 sign panels), or 4 of one motorist service type and 2 for the other motorist service type (for a total of 6 sign panels).

Analysis and supporting documents used to determine effect on small businesses

By allowing a split of categories, with up to 4 business logo panels for one motorist service type and 2 business logo panels of another motorist service type, more businesses could simultaneously take advantage of using motorist service business logo panels. Subsequently, this would reduce the number of businesses on the waiting list for motorist services business logo panels at those particular interchanges or intersections. If more businesses are able to take advantage of this program, the department anticipates this regulatory change will have a minor positive fiscal effect on small business.

Agency Contact Person and Place Where Comments are to be Submitted and Deadline for Submission

The public record on this proposed rule making will be held open for 14 days from the date of this order to permit the submission of comments. Any such comments should be submitted to John Noll, SIS/TODS Program Coordinator, Bureau of Traffic Operations, Traffic Engineering Section, Traffic Design Unit, Room 501, P. O. Box 7986, Madison, WI 53707-7986, or by calling [phone]. You may also contact Mr. Noll via e-mail at: [e-mail] .

To view the proposed amendment to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website:

http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm .

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original     Updated   Corrected
2. Administrative Rule Chapter, Title and Number
Trans 200 / Specific Information and Business Signs / 200.06 (7) (b) 3.
3. Subject
Administrative rule language change.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
GPR   FED   PRO   PRS   X SEG   SEG-S			20.395 (3) (eq)
6. Fiscal Effect of Implementing the Rule
No Fiscal Effect Indeterminate	X Increase Existing Revenues Decrease Existing Revenues		Increase Costs Could Absorb Within Agency's Budget Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
X State's Economy Local Government Units		Specific Businesses/Sectors Public Utility Rate Payers X Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? Yes     X No
9. Policy Problem Addressed by the Rule
The current rule language allows two (2) categories of motorist services on the same sign, with a maximum of three (3) business panels for each motorist service category, not to exceed a total of six (6) business panels. The new rule language would allow a combination of two (2) categories of motorist services on the same sign, with a maximum of four (4) business panels from one motorist service category and two (2) business panels from a second motorist service category, not to exceed a total of six (6) business panels.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Motorist services businesses, such as GAS, FOOD, LODGING, CAMPING and ATTRACTIONS that may participate in the Specific Information Signs (SIS) program may be affected by the proposed rule.
11. Identify the local governmental units that participated in the development of this EIA.
WisDOT
12. 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)
The businesses that this rule language change will affect may increase the number of motorists that take advantage of the services they provide, resulting in a positive economic impact. Statewide economic and fiscal impacts are expected to be minimal, due to the small number of business entities that would likely be affected.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
At certain interchanges throughout the state, more businesses that fall under the categories of GAS, FOOD, LODGING, CAMPING and ATTRACTIONS could be listed on Specific Information Signs (SIS), thereby reducing the number of businesses on the "Waiting List" at those intersections.
14. Long Range Implications of Implementing the Rule
A long-range implication of changing the rule language is the generation of more revenue from the collection of additional permit fees payable to WisDOT
15. Compare With Approaches Being Used by Federal Government
The Manual on Uniform Traffic Control Devices (MUTCD) 2009 edition adopted by Wisconsin, allows the combination described in #9 above.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )

Iowa, Michigan and Minnesota comply with the 2009 MUTCD by allowing three (3) business logo panels for two (2) motorist service types (for a total of six (6) business logo panels), or four (4) of one motorist service type and two (2) of the other motorist service type (for a total of six panels), which conforms to the intended rule language change in Wisconsin. In Illinois, the approach is different when the "ATTRACTION" category is included on a sign with multiple categories. When the "ATTRACTION" category is included on a sign with multiple categories, one logo panel space must always be available to add another business logo panel from one of the other motorist service types, which include: GAS, FOOD, and LODGING, CAMPING or 24-HOUR PHARMACY. This approach differs from the rule language changes Wisconsin wishes to enact.
17. Contact Name				18. Contact Phone Number
John Noll				608-266-0318

This document can be made available in alternate formats to individuals with disabilities upon request.

ATTACHMENT A

1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)

The businesses that this rule language change will affect may increase the number of motorists that take advantage of the services they provide, resulting in a positive economic impact. Statewide economic and fiscal impacts are expected to be minimal, due to the small number of business entities that would likely be affected.

2. Summary of the data sources used to measure the Rule's impact on Small Businesses

3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?

Less Stringent Compliance or Reporting Requirements

Less Stringent Schedules or Deadlines for Compliance or Reporting

Consolidation or Simplification of Reporting Requirements

Establishment of performance standards in lieu of Design or Operational Standards

Exemption of Small Businesses from some or all requirements

X Other, describe:

N/A

4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses

The impact will be positive on all businesses, so small businesses will be fully eligible to participate.

5. Describe the Rule's Enforcement Provisions

There are no rule enforcement provisions aside from eligibility.

6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)

Yes X No