Place Where Written Comments may be Submitted
Written comments may be submitted at the public hearing, or in lieu of attending a public hearing written comments can be submitted by regular mail or email to:
Doug Englebert
Room 950
1 West Wilson
Madison, WI 53701
608-266-5388
Deadline for Comment Submission
The deadline for submitting comments is 4:30 p.m., on March 11, 2005.
Analysis Prepared by the Department of Health and Family Services
Under s.
255.056, Stats., pharmacies and medical facilities, which include hospitals, and clinics or offices used by physicians licensed under ch.
448, Stats., may elect to accept unused cancer drugs and cancer supplies for dispensation to individuals who meet eligibility criteria established by the Department in these rules. The proposed rules establish eligibility requirements for participation in the program; forms for use in the administration of the program; drugs and supplies that may and may not be accepted for use under the program; and the maximum handling fee that a pharmacy or medical facility may charge a recipient for drugs or supplies received under the program.
Initial Regulatory Flexibility Analysis
The proposed rules will affect only the pharmacies and medical facilities that elect to participate in the cancer drug repository program, including those that meet the definition of small business under s.
227.114 (1), Stats. Except for certain form requirements, the proposed rules do not impose reporting or recordkeeping requirements, or performance, operational, or design standards beyond what may be already required under s.
450.11, Stats., and ch.
Phar 7 relating to pharmacies; s.
HFS 124.15 relating to hospitals; and ch.
Med 17 relating to physicians.
Fiscal Estimate
It is estimated that the bill will cost $82,000 the first year and $27,400 thereafter including 0.5 FTE to implement. The fractional position will administer the program including the administration of a department web-based database. This program established under Act 175 did not appropriate any additional funds or positions to DHFS. Therefore, the Department will need to reallocate existing resources to implement the program. Because the costs result from Act 175 this proposed rule does not, by itself, have a fiscal effect.
Ongoing costs to the state are estimated at $27,400 in the second year, with annual increases thereafter. The provisions of the bill did not appropriate funds for this program; costs will need to be absorbed within existing appropriations.
Participation by pharmacies and/or hospitals is on a voluntary basis. Business entities (including small business entities) that lack the resource(s) to participate will simply elect not to become involved. The handling fee allowed in the rule is intended to cover some of the cost to process a prescription. These costs can be anywhere from $7.00-$9.00 depending on the pharmacy and location. Additional costs include storing this medication or shipping drugs to another pharmacy or hospital. Should the donated medications end up not being used or past the expiration date businesses will need to destroy the medication or hire someone to do it. They will incur costs for destruction and meeting EPA and DNR regulations.
Document Copies
A copy of the full text of the rules and the full text of the fiscal estimate, and other documents associated with this rulemaking may be obtained, at no charge, from the Wisconsin Administrative Rules website at
http://adminrules.wisconsin.gov or by contacting Doug Englebert, 1 West Wilson, Room 950, Madison, WI 53701.
Small Business Regulatory Review Coordinator
For matters or comments concerning a rule's impact on small businesses, contact:
Rosie Greer, DHFS Administrative Rules Manager
608-266-1279
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs.
NR 1-)
NOTICE IS HEREBY GIVEN that pursuant to ss.
20.370 (1) (fs),
29.014 and
227.11, Stats., interpreting ss.
20.370 (1) (fs),
71.10 (5) (am) and
29.605, Stats., the Department of Natural Resources will hold public hearings on the creation of subch.
III of ch. NR 12, Wis. Adm. Code, relating to the payment program for damage caused by endangered and threatened species of wildlife and gray wolves to livestock. The Bureau of Endangered Resources has administered this program since 1985 without rules because the species on the state's Endangered and Threatened lists could change from year to year, there were relatively few claims per year, and there was no controversy about the program. There is now a need for rules because the Endangered Resources program has responsibility for these payments regardless of legal status, claims have increased due to wolf damage, and there is significant public controversy about the wolf damage payment program.
The proposed rules differ from the existing program in three ways: proposed caps for maximum payments per livestock animal type; proposed maximum reimbursement of $15,000 per claimant per year (same as the wildlife damage payment program); and proposed deductible of $250 per claim (same as wildlife damage payment program). The rules propose to be applicable until wolves become a game species in Wisconsin.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss.
29.014 and
227.11, Stats., interpreting ss.
20.370 (1) (fs),
71.10 (5) (am) and
29.604, Stats., the Department of Natural Resources will hold public hearings on the creation of subch.
III of ch. NR 12, Wis. Adm. Code, relating to the payment program for damage caused by endangered and threatened species of wildlife and gray wolves to hunting dogs and pets. The Bureau of Endangered Resources has administered this program since 1985 without rules because the species on the state's Endangered and Threatened lists could change from year to year, there were relatively few claims per year, and there was no controversy about the program. There is now a need for rules because the Endangered Resources program has responsibility for these payments regardless of legal status, claims have increased due to wolf damage, and there is significant public controversy about the wolf damage payment program.
The proposed rules differ from the existing program in four ways: proposed maximum reimbursement of $15,000 per claimant per year (same as the wildlife damage payment program); proposed deductible of $250 per claim (same as wildlife damage payment program); proposed limit on hunting dog payments whereby the Department would not pay for additional dogs killed by wolves within 5 miles of a previous dog kill site that the Department has publicly noticed; and proposal that the loss of personal property other than pets and hunting dogs will not be eligible for reimbursement. These rules propose to be applicable until wolves become a game species in Wisconsin.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Individuals involved in agriculture
b. Description of reporting and bookkeeping procedures required: None, except that to be eligible for reimbursement for calves, claimants needs records confirming the count of the number of calves missing
c. Description of professional skills required: None
The Department's Small Business Regulatory Coordinator may be contacted at SmallBusinessReg.Coordinator@ dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
February 15, 2005 Cafeteria, Spooner High School
Tuesday at 6:00 pm. 500 College Street, Spooner
February 15, 2005 GLI Room
Tuesday at 6:00 pm. Black River Falls Middle School
1202 Pierce Street
Black River Falls
February 16, 2005 Cafeteria
Wednesday at 6:00 pm. James Williams Jr. High School
915 Acacia Lane, Rhinelander
February 17, 2005 Room 114
Thursday at 6:00 pm. Ag and Extension Service Center
1150 Bellevue St., Green Bay
February 17, 2005 Union South
Thursday at 6:00 pm. 227 N. Randall Avenue, Madison
(parking is available in UW lots
located between University Avenue
and Johnson Street north of Union
South)
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Randy Jurewicz at (608) 267-7505 with specific information on your request at least 10 days before the date of the scheduled hearing.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Mr. Tim Cooke, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until February 18, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Cooke.
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:
February 11, 2005
Transportation District #5
3550 Mormon Coulee Road
Mississippi Conference Room
LaCrosse, WI
11:00 AM
(Parking is available for persons with disabilities)
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.
Analysis Prepared by the Wisconsin Department of Transportation
Plain Language Analysis and Summary of, and Preliminary Comparison with, Existing or Federal Regulation. In the Surface Transportation Assistance Act of 1982 (STAA), the federal government acted under the Commerce clause of the United States Constitution to provide uniform standards on vehicle length applicable in all states. The length provisions of STAA apply to truck tractor-semitrailer combinations and to truck tractor-semitrailer-trailer combinations. (See Jan. 6, 1983, Public Law 97-424, § 411) The uniform standards provide that:
•
No state shall impose a limit of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination.
•
No state shall impose a length limit of less than 28 feet on any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination.
•
No state may limit the length of truck tractors.
•
No state shall impose an overall length limitation on commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations.
•
No state shall prohibit operation of truck tractor-semitrailer-trailer combinations.
The vehicles authorized by the STAA may operate on the national system of interstate and defense highways and on those federal aid primary highways designated by regulation of the secretary of the United States Department of Transportation. In 1984 the USDOT adopted
23 CFR Part 658 which in Appendix A lists the highways in each state upon which STAA authorized vehicles may operate. Collectively these highways are known as the National Network. In
1983 Wisconsin Act 78, the legislature enacted §
348.07 (4), Stats., which directs the Wisconsin Department of Transportation to adopt a rule designating the highways in Wisconsin on which STAA authorized vehicles may be operated consistent with federal regulations.
The Department of Transportation first adopted ch.
Trans 276 of the Wisconsin Administrative Code in December of 1984. The rule is consistent with
23 CFR Part 658 in that the Wisconsin rule designates all of the highways in Wisconsin that are listed in
23 CFR Part 658 as part of the National Network for STAA authorized vehicles. The federal regulation does not prohibit states from allowing operation of STAA authorized vehicles on additional state highways. The rule making authority granted to the Wisconsin Department of Transportation in §
348.07 (4), Stats., allows the DOT to add routes in Wisconsin consistent with public safety. The rule making process also provides a mechanism to review requests from businesses and shipping firms for access to the designated highway system for points of origin and delivery beyond 5 miles from a designated route. A process to review and respond to requests for reasonable access is required by
23 CFR Part 658.
This rule amends Trans 276.07 (18), 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 rule adds to the designated highway system is:
Hwy. From To
STH 95 Arcadia Blair
The long trucks to which this 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.
1 The 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.
The effect of this 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 segment 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 highway. 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 segment. 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 segment provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on this highway segment 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.
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.
Comparison with Rules in Adjacent States: None of the states adjacent to Wisconsin (Michigan, Minnesota, Illinois and Iowa) have administrative rules relating to long truck routes in their states.
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: Due to the federal requirement that requests for access to the designated highway system in a state be decided within 90 days of the request, a proposed rule making to add requested routes is initiated without investigation. The public hearing and Department investigation undertaken in preparation for the hearing provide the engineering and economic data needed to make a final decision on whether to withdraw the proposal or proceed to final rule making.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: The provisions of this rule adding a highway segment 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. You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website:
Fiscal Effect and Anticipated Costs Incurred by Private Sector: 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 or private sector revenues or liabilities.
Place Where Comments are to be Submitted and Deadline for Submission: 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 Ashwani Sharma, Department of Transportation, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, WI 53707-7986. You may also contact Mr. Sharma by phone at (608) 266-1273.
Notice of Hearing
Transportation
