Factory-installed, galvanic, cathodic protection systems are relatively simple in construction and operation. They include anodes that are sacrificed or consumed in the process of generating a protective current which is required to prevent corrosion. However, for older, existing underground storage tank systems, impressed current is often needed, because any dielectric coating provided on the tank is usually deteriorated or nonexistent, and a bare-metal or poorly coated tank system needs significantly more protective current than can be generated by a reasonable number of sacrificial anodes. An effective cathodic protection system must be engineered to provide the correct amount of protection – too little or too much protection can potentially be as defective as no protection.

Testing of cathodic protection systems is an important part of assuring the integrity of an underground storage tank system. However, soil and seasonal conditions affect the accuracy of cathodic protection testing methods, and site-specific factors can result in false and otherwise misleading indicators that a tank system is or is not adequately protected against corrosion. Improper interpretation of the test measurements has led to many false conclusions about whether a tank system is adequately protected or unprotected. Also, because no standard currently accounts for every situation and site-specific environmental and soil conditions, experience and training in corrosion control is warranted.

Requiring Wisconsin-based certification of cathodic protection professionals would enable Wisconsin to directly enforce the associated requirements, rather than depend on federal enforcement. This direct enforcement would provide further assurance that cathodic protection activities are performed at a minimum level of competency, following nationally established and accepted standards. In addition, Wisconsin certification would establish a database of certified individuals that could be used to communicate to the general public those individuals who are qualified to perform the work. The Department could also use this database for communicating new or proposed requirements or informational announcements to certified individuals.

The proposed changes for ch. Comm 5 were developed with assistance from the Department's advisory committee for flammable, combustible and hazardous liquids. The members of that advisory committee are as follows:

9. Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of an Economic Impact Report.

The primary document that was used to determine the effect of the proposed rules on small business was Part 280 of Title 40 of the Code of Federal Regulations. As noted in the above summary of federal regulations, the proposed Wisconsin credential requirements for corrosion experts and cathodic protection testers are essentially the same as the federal credential requirements in 40 CRF 280. Federal guidelines produced by the Small Business Administration's Office of Advocacy were also used in considering the potential effects on small business. The analysis for the expected effect of the new requirement for contractor liability insurance coverage was particularly based on outreach to current contractors.

10. Effect on Small Business.

The proposed rules are not expected to impose significant costs or other impacts on small businesses because the included requirements for performing cathodic protection activities, and the corresponding certifications, would not be significantly more restrictive than current, applicable federal requirements. Although the deletion of continuing-education requirements for three certification categories would reduce costs and impacts for individuals in those categories, that reduction may be offset by codifying a common practice of tank specialty firms, to have contractor liability insurance coverage. Outreach efforts to firms currently performing these activities indicate that this insurance is readily available, beneficial, and reasonably priced.

11. Agency Contact Person.

Sheldon Schall, Wisconsin Department of Commerce, Bureau of Petroleum Products and Tanks, P.O. Box 7837, Madison, WI, 53707-7837; telephone (608) 266-0956; e-mail sheldon.schall@commerce.state.wi.us.

12. Place Where Comments Are to Be Submitted, and Deadline for Submission.

Comments on the proposed rules may be submitted by e-mail to srockweiler@commerce.state.wi.us, no later than January 10, 2007. If e-mail submittal is not possible, written comments may be mailed, by the same date, to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.

The proposed rules and an analysis of the rules are available on the Internet, by entering “Comm 5" in the search engine at the following Web site:
http://adminrules.wisconsin.gov. Paper copies may be obtained without cost from Linda Hahn at the Department of Commerce, Bureau of Petroleum Products and Tanks, P.O. Box 7837, Madison, WI, 53707-7837; telephone (608) 266-0762; e-mail lhahn@commerce.state.wi.us or (608) 264-8777 (TTY). Copies will also be available at the public hearing.

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

1. Types of small businesses that will be affected by the rules.

Businesses that design, install, or test cathodic protection systems for underground steel storage tank systems; or businesses which currently do not have contractor liability insurance coverage and which install, remove, test, line, clean, or perform closure assessment, for tank systems regulated by chapter Comm 10. The proposed rules may also affect some individuals and firms during renewal of credentials related to storage of flammable, combustible and hazardous liquids; and may affect some providers of the continuing education courses that are utilized in conjunction with those renewals.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

Each applicant for becoming certified as a cathodic protection tester or corrosion expert must (1) complete and submit a Department-supplied application; and (2) complete and submit a Department-supplied application for recertification, for continuation of the certification beyond each two-year certification period.

3. Types of professional skills necessary for compliance with the rules.

No new professional skills would be necessary for compliance with the proposed rules.

4. Rules have a significant economic impact on small businesses.

No Rules not submitted to Small Business Regulatory Review Board

Although the proposed rules newly require submittal of fees for Departmental certification of corrosion experts and cathodic protection testers, the number of these individuals who are expected to receive these certifications is too small to result in significant changes in the Department's revenues and costs for administering and enforcing chapter Comm 5. Therefore, the proposed rules are not expected to have any significant fiscal effect on the Department.

The proposed rules are not expected to impose significant costs on the private sector because the included requirements for performing cathodic protection activities, and the corresponding certifications, would not be significantly more restrictive than current, corresponding federal requirements. Although the proposed deletion of continuing-education requirements for three certification categories would reduce costs for individuals in those categories, that reduction may be offset by codifying a common practice of tank specialty firms, to have contractor liability insurance coverage. Outreach efforts to firms currently performing these activities indicate that this insurance is readily available, commonly held, beneficial, and reasonably priced.

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or by e-mail at carol.dunn@wisconsin.gov.

NOTICE IS HEREBY GIVEN that pursuant to ss. 85.16, 343.02, 343.05 (4) (c), 343.06, 343.14 and 343.50, Stats., and interpreting ss. 340.01 (37) and (40), 343.01 (2) (g), 343.05 (4) (b) and (c), 343.06 (1) (k), 343.14 and 343.50 (2), Stats., the Department of Transportation will hold a public hearing in Room 254 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 8th day of January, 2007, at 1:30 PM, to consider the amendment of ch. Trans 102, Wisconsin Administrative Code, relating to proof of identity.

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.

Statutes interpreted: ss. 340.01 (37) and (40), 343.01 (2) (g), 343.05 (4) (b) and (c), 343.06 (1) (k), 343.14 and 343.50 (2), Stats.

Statutory authority: ss. 85.16, 343.02, 343.05 (4) (c), 343.06, 343.14 and 343.50, Stats.

Explanation of agency authority: 2005 Wisconsin Act 126 requires that a person applying for a driver's license (DL) or identification card (ID) provide documentary proof of citizenship or legal presence in the United States. Altering the list of documents acceptable as proof of name and date of birth, identity, residency, and Social Security number will serve two purposes:

1. Making documents that could be used by persons without legal presence in this country unacceptable.

2. Conforming the list of acceptable documents to what is used other states and American Association of Motor Vehicle Administrator (AAMVA) standards. The federal government will likely use AAMVA standards to determine state compliance with REAL ID.

Current law also prohibits the Department from issuing a driver's license or identification card to any person who is not a resident. It should be noted that any nonresident of the United States may operate on an international driving permit, and a resident of another state may operate on a license issued by that other state for up to one year, and are exempt from licensing requirements of Chapter 343, Stats.

Related statute or rule: ss. 343.05, 343.06, 343.14 and 343.20, Stats., and ch. Trans 102.

Plain language analysis: This proposed rule making limits the list of acceptable documents for proof of name and date of birth, identity, residency, and Social Security number to be consistent with other states and standards established by the American Association of Motor Vehicle Administrators (AAMVA). The rule making establishes a minimum duration stay for temporary visitors of one year for a driver's license or six months for an identification card and those applicants must have at least six or three months, respectively, of that authorized stay remaining to be eligible; temporary visitors are immediately eligible for those documents if their minimum legal stay is equal to or longer than those minimum durations.

Summary of, and preliminary comparison with, existing or proposed federal regulation: Adopting the AAMVA list of acceptable documents for proof of name and date of birth, identity, residency, and Social Security number moves Wisconsin towards compliance with the federal REAL ID Act (Public Law 109-013). REAL ID also requires that DL/IDs issued to temporary visitors expire on the date their authorized stay ends (i.e., a “temporary license").

Comparison with Rules in Adjacent States: All states will be required to comply with REAL ID by May 11, 2008 or their citizens will not be able to use their driver's license (DL) or identification card (ID) for any federal purpose such as boarding airplanes or entering federal buildings. For temporary visitors, surrounding states have the following requirements for minimum length of stay and temporary licenses:

Michigan: No legal presence required (no minimum length of stay or temporary license requirement). Michigan presumes that any person who obtains employment intends to remain in the state. MCLS 257.51a. Michigan law prohibits issuing a driver's license to a “foreign exchange student." MCLS 257.303(1)(h).

Minnesota: No minimum length of stay required to be eligible for a driver's license. Licenses for temporary visitors are issued for the same amount of time as citizens (i.e., four years), with an end date included on the license for the end of the authorized stay. If a person's authorized stay ends before the regular expiration date of the license, the license is cancelled when the authorized stay ends.

Illinois: Temporary visitor's driver's licenses may be issued to any foreign national authorized to be in the country for at least one year and having at least six months of the authorized stay remaining. 625 ILCS 5/6-105.1, 92 Ill. Adm. Code 1030.11(d).

Iowa: Temporary visitors must be authorized to be in the country for at least 30 days to be eligible for a driver's license. The term of the DL/ID is limited to the length of authorized stay, not to exceed two years. Iowa Code 321.196.

Summary of factual data and analytical methodologies: N/A

Analysis and supporting documentation used to determine effect on small businesses: This is not expected to have any significant impact on small businesses, as the list of acceptable documents for proof of name and date of birth, identity, residency, and Social Security number is being changed to align with the upcoming legal presence requirements. In addition, temporary visitors may operate for up to one year on an International Driving Permit, so the minimum length of stay requirement will not impact drivers licensed in their home countries. Any temporary visitor whose length of stay goes beyond one year would be eligible for a driver's license.

This rule making will have no effect on small businesses. The Department's Regulatory Review Coordinator may be contacted by e-mail at ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.

The Department estimates that there will be no 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. The Department estimates that there will be no fiscal impact on state revenues or liabilities or any costs incurred by the private sector.

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 Gary Guenther, Department of Transportation, Bureau of Field Services, Room 266, P. O. Box 8917, Madison, WI 53708-8917. You may also contact Mr. Guenther by phone at (608) 266-2743 or via e-mail: gary.guenther@dot. state.wi.us.

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.

NOTICE IS HEREBY GIVEN that pursuant to s. 348.07, Stats., as amended by 2005 Wis. Act 363, and interpreting s. 348.07, Stats., as amended by 2005 Wis. Act 363, the Department of Transportation will hold a public hearing in Room 501 (Eau Claire Room) of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 11th day of January, 2007, at 10:00 AM, to consider the amendment of ch. Trans 276, Wisconsin Administrative Code, relating to allowing the operation of certain 2-vehicle combinations on certain highways without a permit.

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.

Statutes interpreted: s. 348.07, Stats., as amended by 2005 Wis. Act 363

Statutory authority: s. 348.07, Stats., as amended by 2005 Wis. Act 363

Explanation of agency authority: Section 7 of 2005 Wis. Act 363 requires the Department to adopt rules for purposes of implementing that Act.

Related statute or rule: s. 348.07, Stats., and ch. Trans 276, Wis. Admin. Code

Plain language analysis: Section 348.07(1), Stats., historically has limited vehicle lengths on Wisconsin highways to 65 feet. Section 348.07(2), Stats., allowed vehicles meeting the specifications of that subsection to operate without permits despite exceeding the 65-foot limit of subsection (1).

2005 Wis. Act 363 amended s. 348.07, Stats., and essentially made 75 feet the default permitted length on the state trunk highway system. Wisconsin's old default 65-foot overall length limit still applies on all local roads but only applies to state trunk highways that are designated as 65-foot restricted routes by the Department. This proposed rule making establishes a preliminary list of such “65-foot restricted routes."

Prior to Act 363, s. 348.07 (4), Stats., permitted the Department to designate “long truck routes" upon which no overall length limits apply. The Department designates the state's long truck routes in s. Trans 276.07. This rule making does not affect those longstanding designations.

The new “default" 75-foot overall length limit applies on state highways that are neither designated as 65-foot restricted routes under this rule making nor long truck routes under s. Trans 276.07.

Definitions have been added to the rule to make it easier to identify the nature of designations made by the Department in Ch. Trans 276.

In drafting this rule the Department noticed several items that it believes may be of special interest to the legislature and which, in the Department's view, deserve special legislative attention. First, Act 363 did not grant any authority for 75-foot vehicles using the new 75-foot routes to leave those routes to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly facilities or points of loading or unloading. The Department does not believe this oversight was intentional and, on an emergency basis, designated the intersection of each 75-foot route and any other highway as a long truck route under its authority in s. 348.07(4), Stats. The existing emergency rule permits trucks to exceed the 65-foot default length limit on local roads to access such facilities and make deliveries. The Department has not attempted to continue that emergency provision in this rule making and encourages the legislature to consider statutorily establishing access rights for vehicles using 75-foot restricted routes.

The second consequence of Act 363 the Department has discovered in drafting this proposed rule is that one statute that formerly restricted double-bottom tractor-trailer combinations to the state's long-truck network was repealed by the deletion of the reference to s. 348.07(2)(gm), Stats., by the Act's amendment of s. 348.07(4), Stats. Under the amended statute, as revised by Act 363, it might appear to a reader that double bottom trucks of unlimited length may operate upon any highway in the state, including local roads and streets, without permits. Section 348.08(1)(e), Stats., however, continues to provide that double-bottom trucks be restricted to highways designated by the department under s. 348.07 (4). WisDOT believes this provision continues to limit double-bottom operation to long truck routes designated by the Department under s. 348.07(4), Stats. WisDOT would suggest the deleted reference to (2)(gm) in 348.07(4), Stats., be re-inserted into the statute to avoid confusion.

This permanent rule making proposes to repeal s. Trans 276.075. That regulation permitted an 11-mile stretch of U.S.H. 12 from its intersection with S.T.H. 128 east of Hersey to S.T.H. 79 Northwest of Menomonie to be used as an access route for food, fuel, and access to points of loading and unloading, notwithstanding the fact that it was longer than the 5-mile former limit for access routes used for such purposes. The provision is not needed because the length of the route is less than the 15-mile access now permitted by statute. Moreover, because this section of highway is a designated alternate to I-94, the Department believes it is appropriate to simply designate this stretch of highway as a long truck route. Accordingly, s. 276.07(3) is amended to extend U.S.H. 12's long truck route that currently runs from STH 79 to STH 25 in Menomonie through the intersection of U.S.H. 12 with S.T.H. 128 east of Hersey.

Finally, the Department notes that s. 348.07, Stats., is becoming difficult to decipher from a legal standpoint because of the many amendments that have been made to it over the years. It may be that recodifying the statute for the purpose of clarification of the length limitations of Wisconsin law would be helpful to truck and long vehicle operators in this state.