Alumni Room, University Center
UW-Stevens Point
1015 Reserve Street
Stevens Point
Wednesday, October 19, 2005
WITC
2100 Beaser Avenue
Ashland
American Family Insurance NHQ
6000 American Parkway
Madison
Auditorium, Williams Jr. High School
915 Acacia Lane
Rhinelander
UW Ag Research Station
W6646 Highway 70
Spooner
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Keith Warnke at (608) 264-6023 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There may be significant and fiscal impact on state revenues and costs.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Keith Warnke, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until October 21, 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. Warnke.
Notice of Hearing
Natural Resources
(Environmental Protection—General)
NOTICE IS HEREBY GIVEN that pursuant to ss.
281.16 and
227.11 (2) (a), Stats., interpreting ss.
281.11 and
281.15, Stats., the Department of Natural Resources will hold a public hearing on revisions to ss.
NR 102.10,
102.12 and
207.03, Wis. Adm. Code, relating to the water quality classifications in the Lake Superior basin and the related anti-degradation procedures for WPDES permits. The proposed rules will modify the existing outstanding resource water designation for selected tributaries to include a
¼ mile arc of Lake Superior at the mouth of each of those tributaries. The proposal would also create a
¼ mile outstanding resource water designation for the waters of Lake Superior around the Apostle Islands within the Apostle Islands National Shoreline. A third part would prohibit any new or increased discharges of the targeted pollutants to waters of the basin unless the discharge was the result of utilization of best technology in process and control. This could include process features like production equipment, material substitution, waste minimization, recycling or other pollution prevention techniques or treatment. For municipal dischargers, pretreatment requirements or other municipal programs or treatment technologies could satisfy the requirements on the dischargers. The applicant would be required to provide a certification, as part of the application, that the increased discharge was necessary even after the use of best technology in process and control. There would not be a technical review by the Department.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The future impacts would be directed to new dischargers of the nine toxic pollutants to ensure that they would employ practices and technologies already in use within the basin. For the outstanding resource water designations, applicants seeking permits under ch.
30, Stats., would likely not be eligible for exemptions nor for general permits. Instead individual permits may be needed. New wastewater dischargers to those areas would have to provide high levels of treatment to prevent lowering water quality. 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 hearing will be held on:
Wednesday, October 12, 2005 at 5:00 p.m.
Great Lakes Visitor Center, Ashland
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Chuck Ledin at (608) 266-1956 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
No state or local government impact is anticipated.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Charles Ledin, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until October 19, 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. Ledin.
Notice of Hearing
Natural Resources
(Environmental Protection—General)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.27 and
227.11 (2) (a), Stats., interpreting s.
30.27, Stats., the Department of Natural Resources will hold a public hearing on revisions to s.
NR 118.04, Wis. Adm. Code, relating to management zone designations in the Lower St. Croix National Scenic Riverway. The proposed revisions will allow the Village of Osceola and the City of St. Croix Falls the flexibility to allow businesses as a permitted use rather than a conditional use. This requires modifying s.
NR 118.04 to change the management zone designation for a portion of each of these municipalities from Small Town Historic Management Zone to River Town Management Zone. The remainder of these municipalities will remain in the Small Town Historic Management Zone. No other communities within the riverway are affected by this change.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. 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 hearing will be held on:
Tuesday, October 18, 2005 at 5:00 p.m.
Village Hall, 310 Chieftain Street
Osceola
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dave O'Malley at (608) 264-6285 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The proposed rule has no state fiscal effect and is not expected to increase local government costs. Local government costs may actually decrease as the result of the changes.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Dave O'Malley, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until October 21, 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. O'Malley.
Notice of Hearing
(expanded comment period)
Natural Resources
(Environmental Protection—WPDES)
NOTICE IS HEREBY GIVEN that the Department of Natural Resources is extending the public comment period on the repeal and recreation of ch.
NR 243, Wis. Adm. Code, relating to animal feeding operations to
October 14, 2005.
The proposed rule, fiscal estimate and environmental assessment may be reviewed and comments electronically submitted at the following internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Tom Bauman, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. A personal copy of the proposed rule, fiscal estimate and environmental assessment may be obtained from Mr. Bauman. The information is also available on the Department's website at:
<http://dnr.wi.gov/org/water/wm/nps/rules/nr243/nr243.htm>
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 ch.
Trans 276, Wis. Adm. Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:
November 4, 2005
Wisconsin Department of Transportation
N.W. Region - Eau Claire Office
718 W. Clairemont Avenue
Dunn Conference Room
Eau Claire, Wisconsin
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 Department of Transportation
Plain Language Analysis and Summary of, and Preliminary Comparison with, Existing or Federal Regulation. This rule amends s.
Trans 276.07 (6), Wis. Adm. Code, to add one segment of highway to the designated highway system established under s.
348.07 (4), Stats. This rule adds the newly constructed STH 29 bypass around Chippewa Falls, Wisconsin, to the designated highway system
1. Prior to construction of the bypass, trucks were required to exit Highway 29 before it entered downtown Chippewa Falls and could re-enter the highway once they passed the town on other roads. With construction of the bypass, STH 29 no longer enters downtown Chippewa Falls, and there is no need to force trucks to exit the highway at Chippewa Falls. The safer and faster means for them to travel is along the new bypass.
1This proposed rule achieves this objective by consolidating two segments of Highway 29; one between I-94 and Chippewa Falls and the other between Green Bay and Chippewa Falls into one contiguous segment from I-94 West of Elk Mound to USH 41 in Green Bay.
Additional Historical Background: 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.
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
2, 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.
2 45-foot buses are allowed on the National Network and Interstate system by Federal law. Section 4006b of te Intermodal Surface Transportation Efficiency Act of 1991.
