DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
NOTICE OF PRELIMINARY PUBLIC HEARING
NOTICE IS HEREBY GIVEN that, pursuant to ss. 227.17 and 227.24 (4), Stats., the State of Wisconsin Department of Transportation (“WisDOT”) will hold a public hearing on permanent rule Wisconsin Administrative Code ch. Trans 154 relating to Odometer Disclosure Requirements. Additionally, a draft categorical exclusion environmental document has been prepared for this proposed rule, a copy of which can be found at the bottom of this Notice of Public Hearing. HEARING INFORMATION:
Date: Wednesday, July 7, 2021
Time: 10:15 a.m.
Location: Hill Farms State Office Building
4822 Madison Yards Way, Room N134
Madison, WI 53705
Appearances at the Hearing and Submittal of Written Comments: Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their written comments.
Appearances at the Hearing and Submittal of Written Comments: Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their written comments.
Written comments will be accepted until Wednesday, July 14, 2021 at 4:30 p.m. and may be sent to Reed McGinn, Division of Motor Vehicles, State of Wisconsin Department of Transportation, 4822 Madison Yards Way – Room 206, Madison, WI 53705, or by email DOTAdminRules@dot.wi.gov. Comments can also be made through the Legislature’s Administrative Rules website at http://docs.legis.wisconsin.gov/code/comment. Accessibility: If you have special needs or circumstances regarding communication or accessibility at a hearing, please contact Kathey Bilek, Administrative Rulemaking Coordinator, (608) 266-7364 or by email KatherineS.Bilek@dot.wi.gov prior to the hearing date. Accommodations will be made available upon request, to the fullest extent possible. Initial Regulatory Flexibility Analysis: Initial Regulatory Flexibility Analysis: The proposed rule would increase the overall number of odometer statements collected by motor vehicle dealers. Under the new regulations, vehicles manufactured in or after 2011 will only be exempt from mileage disclosure if the transfer is at least 20 years after January 1 of the calendar year corresponding to the designated model year of the vehicle. The motor vehicle dealers would need to make modifications to businesses practices when documenting motor vehicle title transactions. The department cannot reduce the impact on small businesses as all motor vehicle dealers, regardless of size, will have to collect the required odometer information under the new Federal regulations.
Agency Contact Person/ Agency Small Business Regulatory Coordinator:
Reed McGinn
Wisconsin Department of Transportation
Division of Motor Vehicles
4822 Madison Yards Way, Room 206
Madison, WI 53705
(608) 266-7857
ADMINISTRATIVE RULES ENVIRONMENTAL DOCUMENTATION
Wisconsin Department of Transportation (May 2021)
Administrative Rule No.: TRANS 154 | Relating To: Odometer Disclosure Requirements |
Permanent Rule or Emergency Rule: ☑ Permanent ☐ Emergency | Statement of Scope Approval Date: 12/30/2020 | Administrative Rule Fiscal Estimate: Minimal economic impact to the department and taxpayers |
Trans 400 Action Type and Text: Trans 400.08(2)(e) – Actions which individually or cumulatively do not significantly affect the quality of the human environment and do not involve unresolved conflicts in the use of available resources. |
This document is considered a draft version until it is signed. Section III of the Categorical Exclusion (CE) shall be updated with testimony and responses to testimony following the Administrative Rule Hearing. The CE may then be signed, the Preferred Alternative in Section I becomes the Selected Alternative and the CE becomes the final environmental document. |
WisDOT Central Office BTS-EPDS Staff: | | WisDOT Administrative Rule Sponsor: |
I certify that I have reviewed this document and agree with the determination that the proposed Administrative Rule action and resultant impacts meet the definition of a CE as described in Trans 400.08(2)(e), and if applicable 23 CFR 771.117(a) & (b), and will not result in significant environmental impacts. I recommend this CE for approval. | | I certify that I am familiar with this proposed Administrative Rule scope and its impacts and that the information contained in this document is accurate and can be relied upon for documentation decisions. |
(Print Name and Affiliation) | | (Print Name and Affiliation) |
This template may be used for Wisconsin Environmental Policy Act (WEPA) CE documentation for Administrative Rules.
A determination that this rule satisfies the criteria for a WEPA Categorical Exclusion (CE) does not relieve the applicant of the requirement to comply with other laws and regulations. Any correspondence or documentation used to prepare this CE documentation for Administrative Rules should be maintained in the project file and provided with this document upon request.
I. Description of Objective of the Proposed Rule, Alternatives and the Preferred Alternative
Description of the objective of the proposed rule:
Provide the detailed description of the objective of the proposed Administrative Rule from the Approved Statement of Scope. The description must be consistent with the Trans 400.08(2)(e) description listed above:
The Wisconsin Department of Transportation (WisDOT) proposes to amend Wisconsin Administrative Code ch. Trans 154, relating to odometer disclosure requirements, to conform with Federal changes recently adopted by the National Highway Traffic Safety Administration (NHTSA) regarding odometer reporting exemptions. The new federal regulation extends the duration of odometer reporting requirement and record retention from ten (10) years, to twenty (20) years. Changes to 49 CFR 580.17 will be effective January 1, 2021 and require the amendment of Wis. Admin. Code ch. Trans 154. The proposed rule will bring Wisconsin Administrative Code ch. Trans 154 into conformity with the updated federal regulations. The National Highway Traffic Safety Administration (NHTSA) has announced a final rule establishing standards under which states may allow for odometer disclosures in an electronic format.
The federal rule adopted by NHTSA establishes standards under which states may allow for odometer disclosures in an electronic format. Wis. stat. s. 342.155(1) allows the department to accept odometer disclosures in an automated format authorized by the department. Alternatives:
A description of proposed Administrative Rule alternatives considered should be included here. The discussion of alternatives may be limited to the No-action alternative and the proposed Administrative Rule as the preferred alternative. If more than one alternative was considered during Administrative Rule scoping, briefly discuss the alternative(s) considered as well as the proposed Administrative Rule and the No-action alternative.
Wis. Admin. Code ch. Trans 154.05(3) currently provides an exemption from disclosure for all vehicles 10 years old or older. This will conflict with the updated 49 CFR 580.17, which will only exempt vehicles manufactured in or after 2011 from mileage disclosure requirements if the transfer is at least 20 years after January 1 of the calendar year corresponding to the designated model year of the vehicle. Vehicles will only be exempt from disclosure requirements after 10 years if the vehicle was manufactured in or before the 2010 model year. Policy alternatives:
A.
Do nothing. This alternative would retain the current exemption for odometer reporting after 10 years of a vehicle’s life and would result in inconsistency among vehicle records generated by and maintained by the states. NHTSA has indicated they could go to Federal Court to seek an order compelling states to comply with the new rule. While the No-action alternative does not meet the objective of the proposed rule, it does serve as a baseline for the comparison on other action alternatives.B.
Amend rule to conform. This would conform to federal compliance and would ensure uniform practices among states that conform to federal law.2.
Electronic Signature ComponentA.
No policy changes. This will retain existing requirements for handwritten signatures. While the No Policy Changes alternative does not meet the objective of the proposed rule, it does serve as a baseline for the comparison on other action alternatives.B.
Authorize use of electronic signatures for odometer statements and related title transaction forms. This would allow use of electronic signatures in addition to handwritten signatures. This would enlarge the means of signing documents without requiring anyone to change their customary or preferred methods of completing odometer statements and related title documents.C.
Require use of electronic signatures for odometer statements and related title transactions. This would prohibit the use of handwritten signatures and would be inconvenient for those not having ready access to a computer or other means to effectuate an electronic signature transaction.Other Alternatives Considered (in none, include N/A):
N/A
Preferred Alternative:
