608-267-4792
Deadline for Comment Submission
The deadline for submitting comments to the Department is 4:30 p.m., May 12, 2006.
Analysis Prepared by the Department of Health and Family Services
Under s.
254.34 (1) (a) Stats., the Department is responsible for developing and enforcing rules, including registration and licensing of sources of ionizing radiation to prohibit and prevent unnecessary radiation exposure. The Department is also responsible for maintaining compliance with the Agreement signed by Governor Doyle in 2003 and the Nuclear Regulatory Commission (NRC) that transferred regulatory authority over certain radioactive materials from the NRC to the state. Under the Agreement, the Department is responsible for licensing and inspecting radioactive materials commonly used in medicine, industry, research and education. NRC staff periodically evaluates the state regulatory program.
One of the requirements of this Agreement is Wisconsin's assurance that it will revise the radioactive material portions of ch.
HFS 157 within 3 years of any applicable changes in Title10 Code of Federal Regulations. Title 10 CFR has been revised since ch.
HFS 157 was last revised in 2002. Therefore, the Department proposes to modify the radioactive material requirements in ch.
HFS 157.
In addition, the Department proposes to revise the portions of ch.
HFS 157 pertaining to x-rays to reflect new diagnostic and therapeutic technologies, experience with implementing the current rule, changes in comparable federal regulations in
21 CFR Part 1020, and input provided to the Department by an advisory group that included representatives of academic and medical facilities, radioactive materials users, x-ray users and large and small businesses.
Finally, the Department proposes to increase the annual site fee and the x-ray tube fee established under s.
254.35 (3), Stats., to address a projected operating deficit in the x-ray and registration and inspection program for state fiscal year (SFY) 2006 and beyond. To maintain program revenue sufficient to operate the x-ray registration and inspection program, the Department under s.
254.35 (3) (g), Stats., proposes to increase annual registration fees by increasing both the annual site fee and x-ray tube fee for installations required to be registered as follows:
Increase the annual site fee from $36 to $50 for all required registrants, including sites serving physicians and clinics, osteopaths and clinics, chiropractors, hospitals, podiatrists, veterinarian, industrial, educational facilities, research projects, and dental sites, and other sites required to be registered.
Increase the annual x-ray tube fee from $44 to $50 for all sites, except dental, serving physicians and clinics, osteopaths and clinics, chiropractors, hospitals, podiatrists, veterinarian, industrial sites, educational facilities, research projects, and other sites.
Increase the annual x-ray tube fee from $30 to $35 for dental sites.
The proposed revisions to chapter HFS 157 accomplish the following:
• Updates the radiation protection and regulatory requirements for radioactive materials to reflect changes in federal regulations in Title 10, Code of Federal Regulations Parts 19, 20, 31, 33-36, 39, 40, 70, 71 and 150 and applicable portions of Title 49 (transportation), Code of Federal Regulations.
•
Updates the radiation safety requirements for x-ray producing devices to reflect new technologies, current federal regulation and the input of an ad hoc advisory group representing a cross-section of regulated users.
•
Revises 7 of the 42 radioactive material license fee categories to reflect lessons learned after 1.5 years as an Agreement state. There is no fee increase associated with the materials fee category revision.
•
Increases x-ray registration fees to ensure sufficient operating revenue for the x-ray registration and inspection program. The last fee increase occurred in 1996. The x-ray registration and inspection program helps to minimize unnecessary radiation exposure to the general public and device operators by verifying that devices are functioning according to radiation protection requirements in ch.
HFS 157.
Pursuant to s.
227.21 Stats., the Department has requested permission from the Attorney General and the Revisor of Statues to incorporate by reference into ch.
HFS 157, the ANSI N432-1980 "Radiological Safety for the Design and Construction of Apparatus for Gamma Radiography", published by the American National Standards Institute. These standards are cited in the proposed rules.
Initial Regulatory Flexibility Analysis
The Department is the state's radiation control agency and is required under ss.
254.34 (1) (a),
254.365 (4), and
254.37 (3), Stats., to promulgate rules pertaining to the use of radiation in Wisconsin. Specifically, the Department is required to promulgate and enforce rules pertaining to sources of ionizing radiation and for registration and licensing sources of ionizing radiation, and enforcement as may be necessary to prohibit and prevent unnecessary radiation exposure.
Sites of ionizing radiation (x-ray devices) are required under s.
254.35 (3), Stats., to register and pay annual registration fees, which consists of a site fee and a fee for each x-ray tube upon registration. The current registration fee is $66 for dental sites ($36 site fee; $30 for each x-ray tube) and $80 ($36 site fee; $44 for each x-ray tube) for all other required registrants, including sites serving physicians and clinics, osteopaths and clinics, chiropractors, hospitals, podiatrists, veterinarian, industrial sites, educational facilities, research projects, and other sites. These industries are represented in the North American Industry Classification System sectors 33-Manufacturing; 42- Wholesale Trade; 44-45 –Retail Trade; 54-Professional Scientific, and Technical Services; 61-Educational Services ; 62-Health Care and Social Assistance; 71- Arts, Entertainment, and Recreation; and 92-Correctional Facilities.
The Department's x-ray registration and inspection program is 100% fee supported by the annual registration fees authorized under s.
254.35 (3), Stats. At current fee levels, the Department projects a program deficit of $27, 770 in SFY 06 that will increase to $135, 310 in SFY 07 and continue to increase each subsequent fiscal year if fees are not increased. To maintain program revenue sufficient to operate the x-ray registration and inspection program, the Department under s.
254.35 (3) (g), Stats., proposes to increase annual registration fees by increasing both the annual site fee and x-ray tube fee for installations required to be registered as follows:
Increase the annual site fee from $36 to $50 for all required registrants, including sites serving physicians and clinics, osteopaths and clinics, chiropractors, hospitals, podiatrists, veterinarian, industrial, educational facilities, research projects, and dental sites, and other sites.
Increase the annual x-ray tube fee from $44 to $50 for all sites, except dental, serving physicians and clinics, osteopaths and clinics, chiropractors, hospitals, podiatrists, veterinarian, industrial sites, educational facilities, research projects, and other sites.
Increase the annual x-ray tube fee from $30 to $35 for dental sites.
An analysis of the Department's facility registration data shows that the 2,152 registered dental facilities average 4 x-ray tubes per site at a current cost of $120 ($30 x 4) in annual x-ray tube fees and $36 in site fees for an approximate total of $156 per year (or $13 per month) in annual registration fees. Under the proposed fees increase, dental facilities with 4 x-ray tubes per site will pay $140 ($35 x 4) in annual x-ray tube fees and $50 in site fees for an approximate total of $190 per year (or $16 per month) in annual registration fees; an increase of $34 per year. Dental sites account for over 45% of the registered facilities and over 58% of the x-ray tubes, and at least 85% of these facilities may be considered small businesses.
Veterinary services (431 facilities); chiropractors (901 facilities), and podiatrists (119 facilities) average 1 x-ray tube per site at a current cost of $44 ($44 x 1) in annual x-ray tube fees and $36 in site fees for an approximate total of $80 per year (or $7 per month) in annual registration fees. Under the proposed fees increase, these facilities will pay $50 ($50 x 1) in annual x-ray tube fees and $50 site fee for an approximate total of $100 per year (or approximately $8 per month) in annual registration fees; an increase of approximately $20 per year. Veterinarians, chiropractors, and podiatrists account for 30% of the registered facilities and 10.5% of the x-ray tubes and at least 85% of these facilities may be considered small business. Industrial applications; sites serving physicians and clinics and osteopaths and clinics; hospitals; educational facilities; research projects; and other sites including those with security installations, account for the remaining 25% of the registered facilities and 31% of the x-ray tubes. Some or all of these facilities are not small businesses as defined in s.
227.114 (1), Stats.
Based on an analysis of the average gross annual revenues (as given in the 2002 Economic Census) of dental facilities, chiropractic facilities, veterinary facilities, and podiatry facilities, the proposed increase in annual registration fees represents a less than 1% decrease in gross annual revenues of these small businesses.
Annual registration fees have not been increased since SFY1997. The proposed increase in fees will increase program revenues by approximately $140, 614 if implemented in SFY 07 and ensure adequate program funding thru at least SFY 10. Adequate funding of the x-ray registration and inspection program is important because this program helps to minimize unnecessary radiation exposure to the general public and device operators by verifying that devices are functioning according to the radiation protection requirements in ch.
HFS 157, state statutes, federal statutes and regulations, and the radiation protection policy stated in s.
254.33, Stats. If the annual registration fees are not increased the Department would be forced to terminate staff and reduce the frequency in which x-ray inspection are conducted. Reduced inspection frequency is linked to higher rates of non-compliance with radiation safety requirements. Faulty x-ray equipment or x-ray equipment not used as required increases the risk of injuries to skin and organ tissue, and cancer.
Small Business Regulatory Coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
Under s.
254.34 (1) (a), WI Stats., the Department of Health and Family Services is responsible for developing and enforcing rules, including registration and licensing of sources of ionizing radiation, to prohibit and prevent unnecessary radiation exposure. Sources of ionizing radiation include x-ray producing devices. The Department assesses an annual site registration fee, plus a fee for each x-ray tube, that supports the Department's x-ray registration and inspection program. The Department is authorized under s.
254.35 (3), Stats., to increase the fee by rule. The current x-ray registration fees are as follows:
Physicians and clinics, osteopaths, chiropractors, hospitals: $36 site fee, $44 for each x-ray tube
Podiatric or veterinary site: $36 site fee, $44 for each x-ray tube
Dental site: $36 site fee, $30 for each x-ray tube
Industrial, research or other site: $36 site fee, $44 for each x-ray tube.
Since the last fee increase in 1996, program costs have increased annually due to inflation. Revenue from current fees is not sufficient to cover current operating expenses. To meet current costs, the Department is proposing to increase the annual x-ray site registration and x-ray tube fees, as follows:
Increase the site fee to $50 from $36.
For all sites other than dental sites, increase the x-ray tube fee to $50 from $44.
For dental sites, increase the x-ray tube fee to $35 from $30.
As indicated, revenue from current fees is not sufficient to cover current operating expenses. The Department projects a deficit of ($27,770) in SFY 06 increasing to ($135,310) in SFY 07 with no fee increase. The proposed fee increase will nearly eliminate the deficit by SFY 07 and fully eliminate it in SFY 08. The net effect of this rule will be to provide sufficient revenue for the x-ray registration and inspection program to operate as authorized by state law.
The device-based fee structure has the least impact on small business. For example, a dental office with one x-ray tube would pay an additional $19 in annual fees as a result of the proposed fee increase ($66 current; $85 proposed). A medical, chiropractic or podiatry office with one x-ray tube would pay an additional $20 in annual fees as a result of the proposed fee increase ($80 current, $100 proposed).
Obtaining Copies of Rules and Fiscal Estimate
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules website at:
http://adminrules.wisconsin.gov or by contacting the contact person listed below.
Contact Person
Paul Schmidt, Chief
Radiation Protection Section
P.O. Box 2659
Madison, WI 53701-2659
608-267-4792
Notice of Hearings
Natural Resources
(Amended from 2/28/06 Register)
NOTICE IS HEREBY GIVEN that pursuant to ss.
23.09 (2) (b),
29.014,
29.089 (3),
29.091,
29.164 (4) (b),
29.184 (6) and
29.197 (2), Stats., interpreting ss.
23.09 (2) (b),
29.014,
29.089 (3),
29.091,
29.164 (4) (b),
29.184 (6) and
29.197 (2), Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 10,
15,
17 and
19, Wis. Adm. Code, relating to deer and turkey hunting, hunting and trapping techniques, permit and license issuance, dog training and learn-to-hunt programs. The proposed changes:
1. Extend the closing date of the ruffed grouse season in Zone A from December 31 to January 31, thereby consolidating ruffed grouse hunting zones from 3 to 2.
2. Expand the fall wild turkey hunting season from October 1 – November 10 to the Saturday nearest September 15 and continuing through the Thursday immediately prior to the opening of the deer gun season. This would be the same as the early archery deer season dates.
3. Create a 2-day youth turkey hunt on the weekend before the regular spring turkey season begins.
4. Extend the ending of the spring wild turkey hunting hours from 5:00 p.m. to sunset.
5. Prohibit possession of electronic turkey calling equipment while turkey hunting, and prohibit possession of electronic waterfowl calling equipment while waterfowl hunting.
6. Create consistent standards for body-gripping type traps, where traps 75 square inches or larger would be illegal as dry land sets, traps between 60 and 75 square inches would be legal only when half the trap in below water at all times, or when at least 5 feet off the ground, or when properly enclosed, and creating a maximum allowable height dimension of 7½
inches for dry land body-gripping traps.
7. Issue turkey carcass tags remaining after the initial special license drawing over-the-counter at a rate of one carcass tag per customer per day.
8. Change the “no dog training" period from April 15-July 31 to April 1-July 31.
9. Change the minimum age of the Youth Learn to Hunt Program from age 11 to age 10 to be consistent with current department policy.
10. Allow Class A bear licenses to be purchased up to the day prior to the ear season, and allow the purchase of a Class A bear license during the bear season, provided the license is not effective until three days after the date of purchase.
11. Allow the use of rifles in Kewaunee County during the gun deer season.
12. Create a limited entry nine-day shotgun deer gun season, followed by a ten-day muzzleloader season and late archery season at High Cliff State Park.
13. Eliminate the Greenwood “No Entry Wildlife Refuge" in Waushara County.
14. Require a pheasant stamp statewide for anyone who wishes to hunt pheasants.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss.
29.014 (1),
29.039,
29.041 and
227.11 (2) (a), Stats., interpreting ss.
29.014 (1),
29.039,
29.041,
29.161,
29.204,
29.207,
29.219,
29.228,
29.231,
29.235,
29.531,
29.533 and
29.624, Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 20,
21,
23 and
24, Wis. Adm. Code, relating to fishing on the inland, outlying and boundary waters of Wisconsin. The proposed changes:
1. Consider 50" minimum size limit for muskellunge in Lake Winnebago, to be consistent with Great Lakes spotted musky rehabilitation protocol in connected waters.
2. Consider 50" minimum size limit for muskellunge in Little Lake Butte des Morts and the Fox River downstream from the Neenah and Menasha dams to the DePere dam, to be consistent with Great Lakes spotted musky rehabilitation protocol in connected waters.
3. Extend sunset provision of Wisconsin, Lemonwier and Yellow River experimental regulations for walleye and sauger, from the Grandfather dam downstream to the Prairie du Sac dam. The experimental 15" minimum/20-28" no harvest slot will be extended until 2014 to enable the Department to fully evaluate the efficiency of the regulation.
4. Prohibit recreational harvest of live freshwater mussels from inland waters of the state, excluding the Great Lakes and the Mississippi River.
5. Establish a catch-and-release only fishery for lake sturgeon in the Menominee River downstream from the Hattie St. dam, and modify the minimum length limit for lake sturgeon above the Hattie St. dam to coincide with recently approved changes to Michigan regulations.
6. Simplify walleye regulations in the Menominee River below the Hattie St. dam and in waters of Green Bay, to provide consistent regulations for anglers fishing either Wisconsin or Michigan waters.
7. Revise opening date for game fish season on the St. Croix River to provide anglers with an opening date consistent between Wisconsin and Minnesota waters.
8. Revise the minimum length limit for sauger on the St. Louis River to provide anglers with a regulation consistent in Wisconsin and Minnesota waters.]
9. Prohibit possession or use of a sinker release device while fishing in waters of the state.
10. Revise code to allow individuals younger than 16 years old to take, possess and control turtles without the requirement to hold a valid fishing or small game license.
11. Modify removal dates for ice shanties from March 1 (south of Hwy. 64) and March 15 (north of Hwy. 64) to “the first Saturday following March 1 and the first Saturday following March 12, respectively".
12. Expand the list of waters where bowfishing is permitted between sunset and sunrise.
13. Replace the 14" minimum size limits for largemouth and smallmouth bass in Pigeon Lake, Bayfield County, with a 14-18" no-harvest slot regulation and reduce the daily bag limit from 5 fish to 3 fish.
14. Extend sunset provision for 18" minimum/3 fish daily bag limit for walleye in Beaver Dam Lake, Dodge County, to enable the Department to fully evaluate the impacts of the regulation. This proposal will also encompass all Beaver Dam Lake tributary streams, which were inadvertently excluded from the original rule.
