NOTICE IS HEREBY GIVEN that the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) will hold a public hearing on a proposed rule to revise Chapters ATCP 90, 91, 92, 113, and 136, relating to fair packaging and labeling; selling commodities by weight, measure, or count; weights and measures; gasoline advertising; and mobile air conditioners — reclaiming or recycling refrigerant; various minor and technical rule changes; and affecting small business.

DATCP will hold one public hearing at the time and place shown below:

Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by July 24, 2013, by writing to Kevin LeRoy, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911; or by emailing kevin.leroy@wisconsin.gov; or by telephone at (608) 224-4928. Alternatively, you may contact the DATCP TDD at (608) 224-5058. The hearing facility is handicap accessible.

DATCP invites the public to attend the hearing and comment on the proposed rule. Following the public hearings, the hearing record will remain open until August 21, 2013, for additional written comments. Comments may be sent to the Division of Trade and Consumer Protection at the address below, or to kevin.leroy@wisconsin.gov, or to http://adminrules.wisconsin.gov.

You can obtain a free copy of this hearing draft rule and related documents including the Economic Impact Analysis by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Trade and Consumer Protection, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4728 or by emailing kevin.leroy@wisconsin.gov. Copies will also be available at the hearing. To view the hearing draft rule online, go to: http://adminrules.wisconsin.gov.

Comments or concerns relating to small business may also be addressed to DATCP's small business regulatory coordinator Keeley Moll at the address above, or by email to keeley.moll@wisconsin.gov, or by telephone at (608) 224-5039.

This rule makes minor and technical changes to a number of current rules administered by the Department of Agriculture, Trade and Consumer Protection (DATCP).

Sections 97.03, 100.20, and 100.45, and ch. 98, Stats.

Sections 93.07 (1), 97.09 (1) and (4), 97.42 (4) (j), 98.03 (2), 98.07 (3) and (4), 98.16 (4), 98.18 (2), 98.224 (4), 98.245 (9), 100.20 (2), and 100.45 (5) (a) and (e), Stats.

DATCP has broad general authority, under s. 93.07 (1), Stats., to interpret laws under its jurisdiction.

DATCP has authority under s. 97.09 (1), Stats., to define or adopt standards of identity, composition, quality, and fill of food containers. DATCP has general authority, under s. 97.09 (4), Stats., to adopt rules specifying standards to protect the public from the sale of adulterated or misbranded foods. DATCP has authority under s. 97.42 (4) (j), Stats., to administer inspections of animals, poultry and carcasses.

DATCP has authority under s. 98.03 (2), Stats., to issue rules governing the construction, installation, and use of commercial weights and measures and prescribing tolerances. DATCP has authority under s. 98.07 (3) and (4), Stats., to issue rules specifying tolerances for variations from quantities stated on packages. DATCP has authority under s. 98.16 (4), Stats., to regulate the construction, operation, testing, and maintenance of vehicle scales. DATCP has authority under s. 98.18 (2), Stats., to regulate the installation, servicing, testing, and certification of weights and measures. DATCP has authority under s. 98.224 (4), Stats., to promulgate rules that establish standards for the construction, operation, and maintenance of vehicle tank meters, and authority under s. 98.245 (9), Stats., to establish standards for liquefied petroleum gas meters.

DATCP has authority under s. 100.20 (2) (a), Stats., to forbid unfair methods of competition and unfair trade practices.

DATCP has authority under s. 100.45 (5) (a), Stats., to promulgate rules establishing standards for recycled refrigerant based on recognized national industry standards, and qualifications for individuals and businesses that service mobile air conditioners. However, s. 100.45 (5e) (b), Stats., prohibits DATCP from promulgating rules that prohibit the sale of refrigerant that is a substitute for ozone-depleting refrigerant in a container holding less than 15 pounds.

This proposed rule updates a number of existing rule chapters and is related to several statutes and rules.

Chapter ATCP 90, Fair Packaging and Labeling, requires certain information be included on product labels. This rule is related to ch. 97, Stats., Food Regulation and ch. ATCP 98, Stats., Weights and Measures.

Chapter ATCP 91, Selling Commodities by Weight, Measure or Count, regulates how a seller communicates quantity of product to the buyer. This rule is related to ch. 98, Stats., Weights and Measures.

Chapter ATCP 92, Weights and Measures, regulates the accuracy of scales, tank meters, and other measuring devices. It contains license or certification programs for devices, technicians and service companies. This rule is related to ch. 98, Stats., Weights and Measures.

Chapter ATCP 113, Gasoline Advertising, prohibits gasoline sellers from misrepresenting the octane rating of gasoline. This rule is promulgated under s. 100.20, Stats., Unfair Trade Practices. Gasoline octane is also regulated under Ch. 168, Stats., Oil Inspection, and ch. SPS 348, Petroleum and Other Liquid Fuel Products.

Chapter ATCP 136, Mobile Air Conditioners; Reclaiming or Recycling Refrigerant, regulates the repair or service of motor vehicle air conditioners and trailer refrigeration equipment. This rule relates to s. 100.45, Stats., Mobile Air Conditioners.

This rule modifies existing rules with a number of technical updates and minor changes. It does not represent any significant shift in the overall goals or policies of the existing rules.

Under current rules, the definition of “unreasonable shortage" as it relates to Fair Packaging and Labeling, refers to the maximum allowable variation specified for a commodity in the National Institute of Standards and Technology (NIST) Handbook 133, “Checking the Net Contents of Packaged Goods." However, the current rule does not specify which edition of NIST Handbook 133 it is referencing. This rule modifies the definition of “unreasonable shortage" to specifically reference NIST Handbook 133, “Checking the Net Contents of Packaged Goods," (2013 edition).

The current rule lists a number of commodities and incorporates references to NIST Handbook 130, “Uniform Laws and Regulations in the Area of Legal Metrology and Engine Fuel Quality," (2011 edition). This rule updates these references to the 2013 edition. It also corrects references to specific sections (in the case of liquid oxygen used for respiration and liquefied petroleum gases).

The current rule regulates weighing and measuring devices, state and municipal inspection programs, and licensing requirements for service companies. The current rule incorporates references to NIST Handbook 44, “Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices," (2011 edition) This rule updates these references to the 2013 edition.

The current rule contains several “notes" informing the reader how to obtain license applications and similar documents from DATCP. This rule updates these notes to conform to changes in DATCP web pages and other changes.

Chapter ATCP 92, Subchapter IV, regulates vehicle scales and livestock scales. However, there are some significant differences between the two. Installing or relocating a vehicle scale requires a permit from DATCP. DATCP also collects installation reports for vehicle scales, and reviews request for variances on the construction standards contained in the rule. This rule clarifies that there is no need for operators to request variances for livestock scales (because there is no permit requirement and they are not required to submit their construction plans).

This rule also modifies the definition of “vehicle scale" to make it clear that ch. ATCP 92 does not apply to scales that are not in commercial service.

The current rule affirms that it is an unfair trade practice for sellers of gasoline to mislead buyers regarding the octane rating of gasoline, claim that the gasoline is suitable for aviation if it is not, or claim the gasoline is of greater value because it contains high octane components without clearly stating the octane value of the total product. The current rule references octane standards contained in “ASTM Manual for Rating Motor Fuels by Motor and Research Methods", published 1956.

This rule updates references to ASTM standards.

Pursuant to s. 100.45, Stats., DATCP regulates the use of refrigerants in mobile air conditioners. Under the current rule, among other things, no person may buy, sell, or consign refrigerant in a container holding less than 15 pounds (this is sometimes informally referred to as the “small can ban"). However, 2011 Wisconsin Act 187 restricts DATCP's authority to prohibit sales of non-ozone-depleting refrigerants. Therefore, under the proposed rule, only ozone depleting refrigerants are prohibited from being sold in containers less than 15 pounds.

The current rule regulates the types of equipment that can be used to reclaim or recycle refrigerants from mobile air conditioners. Recently, the Environmental Protection Agency (“EPA") has approved a new type of refrigerant (“HFO-1234fy"). This rule updates the current rule to recognize the new product and associated specifications and equipment standards.

This rule updates references to weights and measures technical standards published by the National Institute of Standards and Technology (“NIST"). By incorporating the latest NIST standards, this rule keeps Wisconsin standards consistent with applicable national standards.

The fuel octane standards incorporated by reference by this rule into ch. ATCP 113 are identical to standards used by the EPA to regulate fuel quality.

This rule updates Wisconsin's mobile air conditioner rules to conform to the most recent EPA standards.

Generally, this rule updates standards incorporated by reference contained in several chapters of the Wisconsin Administrative Code. Most states, including all of Wisconsin's neighbors, recognize the same accepted standards in their statutes and rules.

This rule brings Wisconsin's rules relating to mobile air conditioning refrigerants into conformity with neighboring states' rules.

This rule does not depend on any complex analysis of data. This rule makes minor or technical changes to current rules.

This rule simply updates references and makes other technical changes to existing rules and does not make significant changes to existing policies. Therefore, this rule is not anticipated to have an economic impact.

This rule updates references to technical standards to the most recent editions of those standards without significant changes. This rule simply continues policies already in place in current rules or updates rules to conform to recent changes in the statutes. Except as noted below, this rule does not have an effect on small businesses.

Chapter ATCP 113 — Gasoline Advertising, updating references to most recent standards may increase the enforceability of the rule. Chapter ATCP 113 relies on nationally recognized standards for octane rating published by ASTM. However, the current rule relies on standards that are outdated and is, therefore, difficult to enforce. Updating the standards, as proposed in this rule, will improve the enforceability. By making it easier to punish any business that might mislead consumers about the octane rating or value, this rule should benefit honest sellers of gasoline.

This rule will benefit businesses that service mobile air conditioners. Under this rule, these businesses can service units that require the new refrigerant HFO-1234yf. This product was only recently approved by EPA.

This rule does not have an environmental impact.

This rule incorporates, by reference, the following standards:

DATCP will request consent from the Attorney General to incorporate these standards by reference. A copy of these documents will be kept on file with DATCP and the Legislative Reference Bureau. NIST publications are also available online at http://www.nist.gov/index.html. SAE International publications are also available online at http://www.sae.orghttp://www.astm.org. ASTM International publications are available online at http://www.astm.org. AHRI publications are available online at http://www.ahrinet.org.

Kevin LeRoy, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911; or by emailing kevin.leroy@wisconsin.gov; or by telephone at (608) 224-4928.

ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
Ch. ATCP 90, Fair Packaging and Labeling Ch. ATCP 91, Selling Commodities by Weight, Measure or Count Ch. ATCP 92, Weights and Measures Ch. ATCP 113, Gasoline Advertising Ch. ATCP 136, Mobil Air Conditioners; Reclaiming or Recycling Refrigerant
Subject
Various minor and technical updates to existing rules.
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Costs
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)
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
This rule simply updates references and makes other technical changes to existing rules and does not make significant changes to existing policies. This rule updates existing rules in several ways: • ATCP 90 — Fair Packaging and Labeling   ○Updates the existing rule's references to NIST Handbook 133 — Checking the Net Contents of Packaged   Goods to the most recent edition of the standards. • ATCP 91 — Selling Commodities by Weight, Measure or Count   ○Updates the existing rule's references to NIST Handbook 130 — Uniform Laws and Regulations in the Area of   Legal Metrology and Engine Fuel Quality to the most recent edition of the standards.   ○Corrects certain references to specific sections of Handbook 130. • ATCP 92 — Weights and Measures   ○Updates the existing rule's references to NIST Handbook 44 — Specifications, Tolerances and Other Technical   Requirements for Weighing and Measuring Devices to the most recent edition of the standards.   ○Updates several “ notes" in current rule regarding instructions on how to contact DATCP for additional   information.   ○Clarifies existing regulations regarding vehicle scales and livestock scales   ○Clarifies that ch. ATCP 92 does not apply to vehicle scales that are not in commercial service.
• ATCP 113 — Gasoline Advertising   ○Updates the existing rule's reference to ASTM standards for octane rating test methods. • ATCP 136 — Mobile Air Conditioners; Reclaiming or Recycling Refrigerant   ○Revises the current rule's prohibition on buying and selling containers of any refrigerant in containers holding   less than 15 pounds in order to conform to 2011 Wisconsin Act 187. Under this rule (and Act 187), only ozone   depleting refrigerants are prohibited from being sold in containers less than 15 pounds.   ○Updates rule to incorporate a new type of refrigerant (HFO-1234fy) that is now recognized by EPA.
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)
This rule simply updates references and makes other technical changes to existing rules and does not make significant changes to existing policies. Therefore, this rule is not expected to have a material economic or fiscal impact on specific businesses, business sectors, utility rate payers, local governments, or the state's economy as a whole.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Benefits This rule keeps several chapters of the Wisconsin administrative code up-to-date with the latest editions of nationally recognized technical standards for package labeling, selling bulk commodities, technical specifications for scales and other measuring devices, and gasoline octane ratings. This rule also brings ch. ATCP 136 into conformity with the statutes. Specifically, 2011Wisconsin Act 187 invalidated the existing prohibition against buying or selling any mobile air conditioner refrigerant in containers of less than 15 pounds. This rule conforms to Act 187 by prohibiting the buying or selling of only ozone-depleting refrigerant. Alternatives This rule helps maintain regulatory consistency between Wisconsin, its neighboring states, and other jurisdictions that rely on universal technical standards. If DATCP does not adopt this rule, some of this consistency would be lost.
Long Range Implications of Implementing the Rule
This rule makes minor technical updates to existing rules and does not represent any significant change in long range implications.
Compare With Approaches Being Used by Federal Government
This rule updates references to weights and measures technical standards published by the National Institute of Standards and Technology (“NIST"). By incorporating the latest NIST standards, this rule keeps Wisconsin standards consistent with applicable national standards. The fuel octane standards incorporated by reference by this rule into ch. ATCP 113 are identical to standards used by the EPA to regulate fuel quality. This rule update's Wisconsin's mobile air conditioner rules to conform to the most recent EPA standards.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Generally, this rule updates standards incorporated by reference contained in several chapters of the Wisconsin Administrative Code. Most states, including all of Wisconsin's neighbors, recognize the same accepted standards in their statutes and rules. This rule brings Wisconsin's rules relating to mobile air conditioning refrigerants into conformity with neighboring states' rules.

NOTICE IS HEREBY GIVEN that pursuant to the authority granted under s. 601.41 (3), Stats., and the procedures set forth in under ss. 227.18, and 227.24, Stats., OCI will hold a public hearing to consider the emergency rule issued on June 12, 2013, and the adoption of the attached proposed rulemaking order affecting sections Ins 17.01 (3), 17.28 (3) (c) and (6), Wis. Adm. Code, relating to Injured Patients and Families Compensation Fund Annual Fund and Mediation Panel Fees, and ISO code amendments for the fiscal year beginning July 1, 2013, and affecting small business.