The proposed rules do not contain any significant changes in the department's fees that are charged for administering and enforcing ch. Comm 48. Also, the proposed rules are not expected to create any additional workload costs. Therefore, the proposed rules are not expected to have any significant fiscal effect on the department.

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or at cdunn@commerce.state.wi.us.

NOTICE IS HEREBY GIVEN that pursuant to ss. 84.02 (4) (e) and 86.195, Stats., and interpreting s. 86.195 (6) (b), Stats., the Department of Transportation will hold a public hearing in Room 501 (Eau Claire Conference Room) of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 3rd day of October, 2005, at 10:00 AM, to consider the amendment of ch. Trans 200, Wisconsin Administrative Code, relating to specific information signs.

An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.

Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.

Statutes interpreted: ss. 84.02 (4) (e) and 86.195, Stats.

Statutory authority: s. 86.195 (6) (b), Stats.

Explanation of agency authority: The Department has authority to regulate the number, size and types of specific information signs on signposts near interchanges.

Related statute or rule: Section Trans 200.06 (7) (b) 3., Wis. Admin. Code.

Plain language analysis: The current administrative rule allows for up to two types of motorist services to be displayed on each specific information sign. There are four types of motorist services: GAS, FOOD, LODGING, and CAMPING. The proposed rule change would allow for three types of motorist services per specific information sign. The maximum number of specific information signs per interchange exit is not increased (4). The total number of business signs identifying the motorist service available remains limited to six for each specific information sign structure.

Summary of, and preliminary comparison with, existing or proposed federal regulation: The proposed change would update the administrative rule to allow greater flexibility that is consistent with the Federal Manual on Uniform Traffic Control Devices, 2003 edition, Part 2, Chapter 2, Section 2F.02, adopted by the Federal Highway Administration pursuant to 23 USC 109(d) and 23 CFR 655.603.

Comparison with Rules in Adjacent States: Michigan: Michigan allows three categories per sign.

Minnesota: Minnesota allows three categories per sign.

Illinois: Illinois allows only two categories per sign.

Iowa: Iowa allows three categories per sign.

Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen: Review of changes in Federal Regulations.

Analysis and supporting documentation used to determine effect on small businesses: The rule change is being requested by small business. The cost impact is minimal and voluntary.

Effect on small business: The proposed rule provides additional participation opportunities for small businesses. Since businesses request that they be identified on state-installed signs, the sign application process will enforce the rule. The Department's Regulatory Review Coordinator may be contacted by e-mail at andrew.ruiz@dot.state.wi.us, or by calling (414) 438-4585.

Fiscal effect and anticipated costs incurred by private sector: The rule amendment will have only a minor fiscal effect for the state. Any private sector costs are permissive.

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 until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Richard Moss, Department of Transportation, Division of Transportation System Development, Program Management Section, Room 501, P. O. Box 7986, Madison, WI 53707-7986. You may also contact Mr. Moss by phone at (608) 267-7830.

To view the proposed amendments 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.

TEXT OF PROPOSED RULE

SECTION 1. Trans 200.06 (7) (b) 3. is amended to read:

Trans 200.06 (7) (b) 3. `Interchanges with fewer facilities.' At interchanges where not more than 3 qualified facilities are available for each of 2 or more types of motorist services, business signs for 2 types of motorist services may be displayed on the same specific information sign. Not more than 3 business signs for each type of motorist service shall be displayed in combination on a panel. The name of each type of motorist service shall be displayed above its respective business signs, and the exit number shall be displayed above the names of the types of motorist services. At unnumbered interchanges, the legend “NEXT RIGHT (LEFT)" shall be substituted for the exit number. Business signs shall not be combined on a panel when it is anticipated that additional motorist service facilities will become available in the near future. When it becomes necessary to display a fourth business sign for a type of motorist service displayed in combination, the business signs involved shall then be displayed in compliance with subds. 1. and 2. At interchanges where not more than 2 qualified facilities are available for each of 3 or more types of motorist services, business signs for 3 types of motorist services may be displayed on the same specific information sign. Not more than 2 business signs for each type of motorist service shall be displayed in combination on a panel with 3 or more types of motorist services.