Date: November 11, 2003
Time: 9:00 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by November 25, 2003, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing.
Statutes interpreted: s.
450.09, Stats.
Modifications of s.
Phar 6.04 will allow a pharmacy to remain open without placement of physical barriers during temporary periods of absence from a pharmacy by a pharmacist under certain conditions, and sets forth permissible technician activities under s.
Phar 7.015 during the temporary absence of a pharmacist. Currently, s.
Phar 6.04 (3) (a) 1. and
2. provide that in the absence of a pharmacist a pharmacy may convert to a non-prescription or sundry outlet if certain requirements are met, in part the placement of a physical barrier. Modifying the rule will allow certain limited interactions between pharmacy staff and patients, as well as the carrying on of certain allowable pharmacy staff functions in the absence of a pharmacist. Patients will benefit by increased availability of pharmacy services.
Section 1 amends s.
Phar 6.04 (3) (a) (intro.) and adds a provision allowing a pharmacy in the absence of a pharmacist to continue to operate without converting to a sundry outlet if specific conditions are met.
Section 2 creates s.
Phar 6.04 (3) (c) specifying the conditions under which a pharmacy may continue to operate in the absence of a pharmacist without converting to a sundry outlet.
Text of Rule
SECTION 1. Phar 6.04 (3) (a) (intro.) is amended to read:
Phar 6.04 (3) Professional service area requirements where pharmacist is absent. (a) (intro.) A
Except as provided in par. c., if no pharmacist is present in the professional service area, a pharmacy may convert to a non-prescription or sundry outlet without a pharmacist present if the following requirements of the professional service area are met:
SECTION 2. Phar 6.04 (3) (c) is created to read:
Phar 6.04 (3) (c) Where no pharmacist is present in the professional service area a pharmacy is not required to convert to a non-prescription or sundry outlet if the following requirements are met:
1. The pharmacist is absent for a time period of one half hour or less.
2. The pharmacist must be accessible for communication with the remaining pharmacy staff by phone, pager or other device.
3. The pharmacy must indicate that the pharmacist is not available in the professional service area and indicate the period of absence and the time of the pharmacist's return.
4. Pharmacy technicians may only perform duties allowed by s.
Phar 7.015 (2).
5. Pharmacy technicians may not perform the remaining prohibited activities listed in s.
Phar 7.015 (3) or
(4).
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Notice of Hearing
Public Service Commission
Hearing Date: Monday, October 27, 2003 – 9:00 a.m.
Hearing Location: Public Service Commission, 610 North Whitney Way, Madison, WI
The Commission proposes to amend s.
PSC 135.019 (3) of the Wisconsin Administrative Code to incorporate by reference recent changes to the federal pipeline safety regulations.
NOTICE IS GIVEN that a hearing will be held beginning on October 27, 2003, at 9:00 a.m. in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, and continuing at times to be set by the presiding Administrative Law Judge. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations should contact the docket coordinator listed below.
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact the docket coordinator listed below.
Analysis Prepared by the Public Service Commission of Wisconsin
Under an agreement between the federal Department of Transportation, Office of Pipeline Safety, the Commission is authorized to enforce federal natural gas pipeline safety requirements as set out in the Code of Federal Regulations,
49 CFR Parts 192,
193 and
199. As part of the agreement, the Commission agrees to adopt those parts of the federal code that apply to pipeline safety. The Commission last promulgated revisions to ch.
PSC 135 in 1999. Since then, the federal DOT has adopted several final rules which revise the pipeline safety code. This amendment adopts those federal rules and incorporates them by reference. The federal changes include:
Federal Amendment 192-86, relating to qualification of pipeline personnel. This rule took effect August 27, 1999.
Federal Amendment 192-87, relating to determining the extent of corrosion on gas pipelines. This rule took effect on November 22, 1999.
Federal Amendment 192-88, relating to pipeline safety: gas and hazardous liquid pipeline repair. This rule took effect on January 13, 2000.
Federal Amendment 192-89, relating to underwater abandoned pipeline facilities. This rule took effect on October 20, 2000.
Federal Amendment 192-90, relating to qualification of pipeline personnel corrections. This rule took effect on August 20, 2001.
Federal Amendment 192-77, relating to safety in high consequence areas for gas transmission pipelines. This rule took effect September 5, 2002.
Federal Amendment 193-17, relating to incorporation of standard NFPA 59A in the liquefied natural gas regulations. This rule took effect March 31, 2000.
Federal Amendment 199-19, relating to drug and alcohol testing for pipeline facility employees. This rule took effect September 11, 2001.
Of the federal rules, the most significant change for natural gas public utilities in this state relates to the qualifications of pipeline personnel. This federal rule requires pipeline operators to develop and maintain a written qualification program for individuals performing covered tasks on pipeline facilities. The intent of this qualification rule is to ensure a qualified work force and to reduce the probability and consequence of incidents caused by human error.
A statement of scope on this rule was approved by the Commission on December 11, 2001, and was published in the Wisconsin Administrative Register on December 31, 2001.
Text of Proposed Rule
PSC 135.019 (1) The federal department of transportation, office of pipeline safety, pipeline safety standards, as adopted through
May 20, 1999 [revisor inserts date], and incorporated in
49 CFR Parts 192,
193 and
199, including the appendices, are adopted as state pipeline safety standards and incorporated by reference into this chapter.
Initial Regulatory Flexibility Analysis
Natural gas utilities may experience modest increases in the cost of complying with new pipeline safety regulations due to increased requirements for operator qualifications. The proposed rules will have no effect on small business.
Fiscal Estimate
This rule has no fiscal impact.
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact the docket coordinator listed below.
Questions regarding this matter may be directed to docket coordinator Thomas Stemrich at (608) 266-2800.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16(1) and
348.07(4), Stats., interpreting s.
348.07(4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of chapter Trans 276, Wisconsin Administrative Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:
November 7, 2003 at 11:00 a.m.
Portage County Highway Department
800 Plover Road
Plover, Wisconsin
(Parking is available for persons with disabilities)
The public record on this proposed rule making will be held open until close of business on the date of the hearing to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such written comments should be submitted to Ashwani K. Sharma, Traffic Operations Engineer, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, Wisconsin, 53707-7986.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule.
This proposed rule creates Trans 276.07(35m), Wisconsin Administrative Code, to add one segment of highway to the designated highway system established under s.
348.07(4), Stats. The actual highway segment that this proposed rule
adds to the designated highway system is:
Hwy. From To
CTH “B" USH 10 IH 39
The long trucks to which this proposed rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet, a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s.
348.07 (2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.
The effect of this proposed rule will be to extend the provisions of s.
348.07 (2) (f),
(fm),
(gm) and
(gr), and s.
348.08 (1) (e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highways. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segments. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segments provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on these highway segments provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.
1 The proposed rule text often achieves these objectives by consolidating individual segments into contiguous segments with new end points. In order to determine the actual highway segment added, it is necessary to compare the combined old designations with the combined new designation.
2 45-foot buses are allowed on the National Network and Interstate system by Federal law. Section 4006(b) of the Intermodal Surface Transportation Efficiency Act of 1991.
These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.
Fiscal Impact
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district or sewerage district.
Initial Regulatory Flexibility Analysis
The provisions of this proposed rule adding highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to the office of the State Traffic Engineer, P. O. Box 7986, Room 501, Madison, Wisconsin, 53707-7986, telephone (608) 266-1273. For questions about this rule making, please call Ashwani Sharma, Traffic Operations Engineer at (608) 266-1273. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Veterinary Examining Board
