Rule-Making Notices (Hearing Notices)

Wisconsin Administrative Register No. 603, 3/31/2006

Rule-making notices

Notice of Hearing

Agriculture, Trade and Consumer Protection

(reprinted from 3/15/06, Wis. Adm. Register)

The Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on an emergency rule relating to a poultry flock certification program. This emergency rule authorizes more cost-effective disease monitoring options for small poultry producers who cannot feasibly comply with requirements under the national poultry improvement plan, which is designed for large commercial operations. This rule will allow small poultry producers to sell, move and exhibit poultry, and will increase poultry disease control and monitoring in this state.

DATCP will hold one hearing at the time and place shown below. DATCP invites the public to attend the hearing and comment on the emergency rule. Following the public hearing, the hearing record will remain open until Thursday, April 6, 2006, for additional written comments. Comments may be sent to the Division of Animal Health at the address below or by e-mail to:
[e-mail].

You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling [phone] or emailing [e-mail]. Copies will also be available at the hearings. To view the proposed rule online, go to:

https://apps4.dhfs.state.wi.us/admrules/public/Home

To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to [e-mail] or by telephone at [phone].

Hearing impaired persons may request an interpreter for the hearing. Please make reservations for a hearing interpreter by March 22, 2006, by writing to Melissa Mace, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone [phone]. Alternatively, you may contact the Department TDD at [phone]. Handicap access is available at the hearing.

Hearing Date and Location

Friday, March 31, 2006 12:30 p.m. to 1:30 p.m.

Department of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive, Board Room

Madison, WI 53708

Handicapped accessible

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

This emergency rule authorizes more cost-effective disease monitoring options for small poultry producers who cannot feasibly comply with requirements under the national poultry improvement plan, which is designed for large commercial operations. This rule will allow small poultry producers to sell, move and exhibit poultry, and will increase poultry disease control and monitoring in this state.

Statutory Authority

Statutory Authority: ss. 93.07 (1) and (10), 95.18, 95.19, 95.20, 95.22, 95.45, 95.51, 95.57, and 95.68, Stats.

Statute Interpreted: s. 93.07 (10), 95.18, 95.19, 95.20, 95.22, 95.45, 95.51, 95.57, and 95.68, Stats.

DATCP has broad general authority to adopt rules interpreting statutes under its jurisdiction (see s. 93.07(1), Stats.). DATCP is specifically authorized to adopt rules to protect the health of animals in this state, and to prevent, control and eradicate communicable diseases among animals. This emergency rule creates a new poultry flock certification program for small poultry producers, in order to provide more cost-effective disease control and monitoring.

Background

The Wisconsin department of agriculture, trade and consumer protection (“DATCP") administers Wisconsin's animal health and disease control programs, including programs to prevent diseases in poultry. Under current DATCP rules, all poultry and farm-raised game birds imported or moved for purposes of breeding or hatching must comply with the national poultry improvement plan, or an equivalent program.

Under current DATCP rules, poultry and farm-raised game birds exhibited at fairs, swap meets and like events must be tested prior to the event, or must originate from a flock enrolled in the national poultry improvement plan. This national plan requires routine flock inspections, and yearly testing of all sexually mature birds. Plan enrollment fees vary by flock size and type, and range from $20 to $200. The flock owner must also pay all testing costs.

The national poultry improvement plan is designed for large commercial operations, and compliance costs for small poultry producers may be prohibitive. Small producers who cannot afford to enroll in the national plan are effectively prohibited from selling, moving or exhibiting their birds in many cases.

This rule provides new, more cost-effective disease monitoring options for small poultry producers. This will allow more small producers to sell, move and exhibit their birds. It will encourage more disease testing and monitoring by small producers, and will reduce illegal movement and exhibition of birds. These changes will improve the overall control and monitoring of poultry diseases in this state, and will help to protect human and animal health. DATCP is adopting this rule as an emergency rule so that the improvements can be implemented as soon as possible, and in time for the 2006 fair and exhibition season.

Key Rule Changes

Under this rule, a flock owner who is not enrolled in the national poultry improvement program may nevertheless sell or move poultry for breeding, hatching or exhibition if the flock is enrolled as a Wisconsin tested flock or Wisconsin associate flock.

A flock may be enrolled as a Wisconsin tested flock if the flock owner tests annually for Salmonella pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum. A flock may be enrolled as a Wisconsin associate flock if it consists entirely of birds obtained from a Wisconsin tested flock. There is no charge to enroll in either program. DATCP will issue certificates that flock owners can use to document enrollment.

Fiscal Impact

This rule will have no fiscal impact on local government and an insignificant impact on DATCP. DATCP will incur added staff and administrative costs to administer the new poultry flock certification program, but expects to absorb the additional workload with existing staff and appropriations. There is no fee for flock owners to enroll in the program.

Business Impact

This rule affects poultry producers, many of which are “small businesses." This rule will have a positive impact on small poultry producers, and will have little or no effect on large producers. Current rules prohibit the sale or distribution of poultry or eggs, for breeding, hatching or exhibition, unless they originate from flocks enrolled in the national poultry improvement plan and meet disease-free classification standards under that plan. However, the national poultry improvement plan is primarily designed for large poultry producers, and may not be cost-effective for small producers. This rule provides cost-effective disease monitoring options that will provide greater market access for small producers.

Under 2003 Wis. Act 145, DATCP and other agencies must adopt rules spelling out their rule enforcement policy for small businesses. DATCP has not incorporated a small business enforcement policy in this rule, but has proposed a separate rule on that subject. DATCP will, to the maximum extent feasible, seek voluntary compliance with this rule.

Federal and Surrounding State Programs

Federal Programs

DATCP administers animal disease control programs in cooperation with the United States department of agriculture, animal and plant health inspection service (“the federal bureau"). DATCP and the federal bureau cooperate in the administration of the national poultry improvement plan, which is governed by 9 CFR 145 and 147. The plan is primarily designed for large poultry producers, and may be cost-prohibitive for small producers.

Plan participation is voluntary, but poultry producers must enroll their flocks in order to move birds in interstate commerce. Current Wisconsin rules further limit movement and exhibition of poultry within this state, except from enrolled flocks. This rule provides more cost-effective alternatives for small poultry producers, giving them more market access.

Surrounding State Programs

Poultry programs in surrounding states are broadly comparable to those in Wisconsin.

All surrounding states (Iowa, Michigan, Minnesota, and Illinois) require testing of poultry for Salmonella pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum. For in-state movement, for purposes other than exhibition, poultry other than turkeys must originate from flocks that have a pullorum-typhoid clean rating under the national poultry improvement plan. Turkeys must be tested for Mycoplasma gallisepticum according to the national poultry improvement plan.

Poultry testing requirements for exhibition vary slightly between states. Generally speaking, exhibited poultry must originate from flocks that comply with the national poultry improvement plan, or they must test negative for pullorum-typhoid (and, in the case of turkeys, for Mycoplasma gallisepticum) within 90 days of the exhibition.

DATCP Contact

Questions and comments related to this rule may be directed to:

Melissa Mace

Department of Agriculture, trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Telephone [phone]

E-Mail: [e-mail]

Notice of Hearing

Agriculture, Trade and Consumer Protection

[CR 06-028]

Rule related to minor remedial drafting changes of department rules.

The state of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on a proposed rule that make minor remedial drafting changes to a number of department rules.

DATCP will hold one public hearing at the time and place shown below. DATCP invites the public to attend the hearing and comment on the proposed rule. Following the public hearing, the hearing record will remain open until Friday, April 21, 2006 for additional written comments. Comments may be sent to the Office of Legal Counsel, at the address below, by email to [e-mail] or online at https://apps4.dhfs.state.wi.us/admrules/public/Home

You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Office of Legal Counsel, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling [phone] or emailing [e-mail]. Copies will also be available at the hearings. To view the proposed rule online, go to:

https://apps4.dhfs.state.wi.us/admrules/public/Home

To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to [e-mail] or by telephone at [phone].

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by April 5, 2006, by writing to Karen Schultz, Office of Legal Counsel, P.O. Box 8911, Madison, WI 53708-8911, telephone [phone]. Alternatively, you may contact the DATCP TDD at [phone]. Handicap access is available at the hearings.

Hearing Dates and Locations

Thursday, April 13, 2006

1:00 p.m. to 3:00 p.m.

Department of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive, Room 172

Madison, WI 53718

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

This rule makes technical changes to a number of current rules administered by the Department of Agriculture, Trade and Consumer Protection (“DATCP"), related to a variety of topics. This rule describes the discretion that DATCP may exercise in the enforcement of regulations against small business.

Statutory Authority

Statutory Authority:   ss. 93.07 (1), 92.05 (3) (c), 92.14 (8), 93.50 (2) (f), 94.72 (13) (a), 95.197 (2), 95.71 (8), 97.09 (4), 97.20 (4), 97.22 (8), 97.41 (2) and (5), 98.03 (2), 98.18 (2), and 895.59, Stats.

Statutes Interpreted: ss. 92.05, 92.14, 94.72, 95.197, 95.71, 97.20, 97.22, 97.41, 98.03, 98.18, 93.50, and 895.59, Stats.

DATCP has broad authority under 93.07(1) to adopt rules needed to implement laws under its jurisdiction. Under s. 895.59, Stats. (created by 2003 Wisconsin Act 145), DATCP is required to adopt rules describing the discretion that it may exercise in enforcement of its regulations against small businesses. DATCP has specific authority, under the provisions cited above, to adopt rules related to each of the topics addressed by this rule.

Rule Content

Small Business Enforcement Discretion

Under s. 895.59, Stats. (created by 2003 Wisconsin Act 145), state agencies are required to adopt rules describing the discretion they may exercise when enforcing regulations against small businesses. This rule describes the discretion that DATCP may exercise when enforcing regulations against small businesses. DATCP already exercises enforcement discretion, as described in this rule.

Technical Changes to Current Rules

This rule also makes minor technical changes to a number of rules administered by the DATCP. This rule does all of the following:

Conforms fertilizer tonnage fee (agricultural chemical cleanup surcharge) to current statute The department is currently charging the (lower) statutory fee, not the obsolete (higher) fee that appears in the current rule (ATCP 40).

• Updates technical standards that are incorporated by reference in current commercial feed rules (ATCP 42). The updates refer to the latest edition (2006) of the official publication of the Association of American Feed Control Officials.

Updates current standards for the professional certification of agricultural engineering practitioners. The revised standards address new agricultural engineering practices, and the planning phases of engineering projects. The revisions also make minor changes to job class criteria for some existing practices, reflecting changes in technology and scale of current projects. DATCP coordinated these revisions with the United States Department of Agriculture (NRCS) and county land conservation departments, including practitioners who serve federal, state and county conservation programs.

Clarifies DATCP's meat holding order and condemnation authority (ATCP 55).

Corrects inconsistent rules related to the legal “shelf life" of smoked fish (one rule says 17 days, the other says 21 days). This rule says 21 days.

• Changes current dairy plant rules (ATCP 80) to make them consistent with current federal standards. This includes minor technical changes related to pasteurization standards, thermometers and temperature readings, as well as updates to technical standards incorporated by reference (ATCP 80 Appendix). The updates refer to the latest editions of the 3-A Sanitary Standards and Accepted Practices published by the 3-A Sanitary Standards, Inc.

• Updates technical standards that are incorporated by reference in current weights and measures rules (ATCP 92). The updates refer to the latest editions (2006) of current weights and measures handbooks published by the National Institute of Standards and Technology.

Clarifies, per current statutes, that local weights and measures inspectors must be civil service employees (conforms rule to current statute).

Eliminates minor obsolete accounting provisions (in ATCP 105) related to the calculation of cigarette “cost" for purposes of the Unfair Sales Act (“minimum markup law").

Clarifies the relationship between DATCP's home improvement code (ATCP 110) and basement waterproofing code (ATCP 111), both of which apply to basement waterproofing services.

Clarifies prohibition against misleading charity claims in coupon book schemes (ATCP 131).

• Repeals current rules related to dairy cattle grades (ATCP 158), because the rules are obsolete and no longer used.

• Corrects typographical errors and cross-references, eliminates obsolete provisions, conforms rules to current statutes, creates clarifying notes, and makes other non-substantive drafting and organizational changes to current rules.

Pursuant to s. 227.21, Stats., DATCP will request permission from the Attorney General and the Revisor of Statutes to incorporate each updated technical standards by reference.

Fiscal Estimate

DATCP already exercises enforcement discretion, as described in this rule, so the effect will be minimal. Fines and forfeitures are paid to the state school fund, not DATCP. Other provisions of this rule will have no fiscal effect on DATCP or local units of government.

Business Impact

DATCP already exercises enforcement discretion, as described in this rule. The current exercise of discretion prevents unnecessary costs to small businesses. The codification of DATCP's current enforcement policy will not change that policy, or have a major additional impact on business. The other provisions of this rule will have no significant effect on business.

Federal Regulations

Several of the technical changes in this rule will make DATCP rules consistent with current federal standards. Otherwise, there are no existing or proposed federal regulations similar to this rule.

Surrounding State Programs

Surrounding states (Illinois, Indiana, Iowa, Michigan and Minnesota) do not have comparable rules, except that some use comparable technical standards.

Notice of Hearings

Health and Family Services

[CR 06-021]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 254.34 (1) (a), 254.35 (3) (g), 254.365 (4) and 254.37 (3), Stats., and interpreting ss. 254.31 to 254.45, Stats., and 42 USC 2011 to 2114, the Department of Health and Family Services will hold public hearings to consider the proposed creation, repeal, repeal and recreation and amendment of portions of chapter HFS 157 Radiation Protection, relating to the regulation of radiation producing devices and radioactive materials and affecting small businesses.

Hearing Date(s) and Location(s)

Tuesday, April 18, 2006, 10:00 - 11:30 a.m.

Medical College of Wisconsin

8701 Watertown Plank Rd. (Rm. HRC 1210)

Milwaukee, WI

Thursday, April 20, 2006, 10:00 - 11:30 a.m.

1 W. Wilson St.

Rm. B139

Madison, WI

Thursday, April 27, 2006, 10:00 - 11:30 a.m.

Westwood Conference Center

1800 W. Bridge St. (Atrium Room)

Wausau, WI

The hearing site is fully accessible to people with disabilities. If you are hearing or visually impaired, do not speak English, or have circumstances that might make communication at a hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Place Where Written Comments may be Submitted

Written comments may be submitted at the public hearing or submitted to the Department using the Wisconsin Administrative Rule Website at:
http://adminrules.wisconsin.gov or may be sent to:

Paul Schmidt, Chief

Radiation Protection Section

P.O. Box 2659

Madison, WI 53701-2659

608-267-4792

[e-mail]

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

[e-mail]

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

[e-mail]

Notice of Hearings

Natural Resources

(Amended from 2/28/06 Register)

[CR 06-011]

[CR 06-012]

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.

15. Increase the minimum length limit for walleye in Kangaroo Lake, Door County, from 15" to 18" and reduce the daily bag limit from 5 fish to 3 fish.

16. Increase the minimum size limits for largemouth and smallmouth bass in Muskellunge Lake, Lincoln County, from 14" to 18" and reduce the daily bag limit from 5 fish to one fish.

17. Replace the 18" minimum size limits for largemouth and smallmouth bass in Pigeon Lake, Bayfield County, with a 14-18" no-harvest slot regulation and increase the daily bag limit from one fish to 3 fish.

18. Increase the minimum size limit for muskellunge in Pelican Lake, Oneida County, from 34" to 50".

19. Replace the current 14" minimum size limits for largemouth and smallmouth bass with no minimum size limit in Big Butternut Lake, Polk County.

20. Replace the 14" minimum size limits for largemouth and smallmouth bass with no minimum size limit in Nelson Lake, Sawyer County.

21. Increase the minimum length limit for northern pike in Nelson Lake, Sawyer County, from “no minimum" to 32", and reduce the daily bag limit from 5 fish to one fish.

22. Reduce the daily bag limit for panfish in Smith lake, Sawyer County, from 25 fish to 10 fish.

23. Increase the minimum size limits for largemouth and smallmouth bass in Kentuck Lake, Vilas County, from 14" to 18" and reduce the daily bag limit from 5 fish to one fish.

24. Increase the minimum size limits for smallmouth bass in Pallette Lake, Vilas County, from 16" to 22" and reduce the daily bag limit from 2 fish to one fish.

25. Extend open trout season in Gilbert, Pine and Pearl Lakes, Waushara County, to coincide with regular gamefish season.

26. Remove special regulations for northern pike and muskellunge in Long Lake, Waushara County, and revert to statewide standard regulations.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rules will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

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 at 7:00 p.m. on Monday, April 10, 2006, the County Conservation Congress for each county will hold its election of delegates. Upon completion of the delegate election, the joint Spring Hearing/Conservation Congress meeting will convene to take comments on the foregoing rule modifications.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on Monday, April 10, 2006 at 7:00 p.m. at the following locations:

Adams - Adams-Friendship Middle School, Gymnasium, 420 North Main Street, Friendship

Ashland - Ashland Senior High School, Auditorium, 1900 Beaser Avenue, Ashland

Barron - Barron County Courthouse, Auditorium, 330 E. Lasalle Ave., Barron

Bayfield - Bayfield County Courthouse, 117 E. 5th, Washburn

Brown - West High School, Auditorium, 966 Shawano Avenue, Green Bay

Buffalo - Alma High School, Auditorium, S1618 STH 35, Alma

Burnett - Room #165, Siren Government Center, 7410 County Road K, Siren

Calumet - Chilton Public High School, Auditorium, 530 West Main Street, Chilton

Chippewa - Chippewa Falls Middle School, Auditorium A, 750 Tropicana Blvd., Chippewa Falls

Clark - Greenwood High School, West Gym, 306 W. Central Ave., Greenwood

Columbia - Portage Junior High School, 2505 New Pinery Road, Portage

Crawford - Prairie du Chien High School, Auditorium, 800 East Crawford Street, Prairie du Chien

Dane - Alliant Energy Center, 1919 Alliant Energy Way, Madison

Dodge - Horicon City Hall, 404 E. Lake Street, Horicon

Door - Sturgeon Bay High School, Auditorium, 1230 Michigan Street, Sturgeon Bay

Douglas - Solon Springs High School, Gymnasium, 8993 E. Balwin Ave., Solon Springs

Dunn - Dunn County Fish & Game Club, 1900 Pine Ave., Menomonie

Eau Claire - South Middle School, Auditorium, 2115 Mitscher Ave., Eau Claire

Florence - Florence Natural Resource Center, Large Conference Room, Highway 101/70, Florence

Fond du Lac - Theisen Jr. High School, Auditorium, 525 E. Pioneer Rd., Fond du Lac

Forest - Crandon High School, Auditorium, 970 USH 8 W, Crandon

Grant - Lancaster High School, Hilary Auditorium, 806 E. Elm St., Lancaster

Green - Monroe Middle School, Auditorium, 1510 13th Street, Monroe

Green Lake - Green Lake High School, Multi-purpose room, 612 Mill Street, Green Lake

Iowa - Dodgeville High School, Gymnasium, 912 West Chapel Street, Dodgeville

Iron - Mercer Community Center, 2448 West Margaret, Mercer

Jackson - Black River Falls Middle School, LGI Room, 1202 Pierce Street, Black River Falls

Jefferson - Jefferson County Fair Park, Activity Center, 503 N. Jackson, Jefferson

Juneau - Mauston High School, Gymnasium, 800 Grayside Ave., Mauston

Kenosha - Bristol Grade School, Gym, 20121 83rd Street, Bristol

Kewaunee - Kewaunee High School, Theatre, 911 3rd Street, Kewaunee

La Crosse - Onalaska High School, Auditorium, 700 Wilson Street, Onalaska

Lafayette - Darlington High School, Auditorium, 11838 Center Hill Road, Darlington

Langlade - Antigo High School, Volm Theater, 900 10th Avenue, Antigo

Lincoln - Tomahawk Elementary School, Auditorium, 1048 E. Kings Road, Tomahawk

Manitowoc - UW-Manitowoc, Theater, 705 Viebahn Street, Manitowoc

Marathon - Wausau West High School, 1200 West Wausau Ave., Wausau

Marinette - Crivitz High School, Auditorium, 718 Hall Hay Street, Crivitz

Marquette - Montello High School, Varsity Gym, 222 Forest Lane, Montello

Menominee - Menominee County Courthouse, Basement, Courthouse Lane, Keshena

Milwaukee - Bayfield High School, Auditorium, 2751 South Lenox Street, Milwaukee

Monroe - Tomah High School, Gym, 901 Lincoln Avenue, Tomah

Oconto - Suring High School, Cafeteria, 411 E. Algoma Street, Suring

Oneida - James Williams Junior High, Auditorium, 915 Aracia, Rhinelander

Outagamie - Riverview Middle School, Auditorium, 101 Oak Street, Kaukauna

Ozaukee - Webster Middle School, Commons, W75 N624 Wauwatosa Rd., Cedarburg

Pepin - Pepin County Government Center-Co., Board Room, 740 7th Avenue, W. Durand

Pierce - Ellsworth Senior High School, Auditorium, 323 Hillcrest, Ellsworth

Polk - Unity High School, Gymnasium, 1908 150th Street/Hwy 46, Balsam Lake

Portage - Ben Franklin Jr. High School, Auditorium, 2000 Polk Street, Stevens Point

Price - Phillips High School, Auditorium, 990 Flambeau Avenue, Phillips

Racine - Union Grove High School, Auditorium, 3433 S. Colony Avenue, Union Grove

Richland - Richland Center High School, Auditorium, 23200 Hornet High Drive, Richland Center

Rock - Loyal Order of Moose Lodge, 2701 Rockport Road, Janesville

Rusk - Ladysmith High School, Cafeteria, 1700 Edgewood Avenue East, Ladysmith

Saint Croix - Indianhead Technical College, Cashman Auditorium, 1019 S. Knowles Ave., New Richmond

Sauk - UW-Baraboo/Sauk County, 1006 Connie Road, Room A4, Baraboo

Sawyer - Winter High School, Auditorium, 6585 Grove Street, Winter

Shawano - Shawano Community Middle School, LG 1, 1050 S. Union Street, Shawano

Sheboygan - Sheboygan Falls High School, Auditorium, 220 Amherst Ave., Sheboygan Falls

Taylor - Taylor County Multi-Purpose Building, Intersection of Hwy 64&13, Medford

Trempealeau - Whitehall City Center, Gymnasium, 36245 Park Street, Whitehall

Vernon - Viroqua High School, Auditorium, Viroqua

Vilas - Sayner Community Center, Golf Course Road, Sayner

Walworth - Delavan/Darien High School, 150 Cummings, Delevan

Washburn - WI Ag Research Station, Conference Room, W6646 Hwy 70, Spooner

Washington - Washington County Fair Park, Exhibit Hall, 3000 Hwy PV, West Bend

Waukesha - Waukesha South High School, Auditorium, 401 E. Roberta Ave., Waukesha

Waupaca - Waupaca High School, Auditorium, E2325 King Road, Waupaca

Waushara - Waushara County Courthouse, County Board Room, 2nd Floor, Room 265, 209 S. St. Marie St., Wautoma

Winnebago - Webster Stanley Middle School, Auditorium, 915 Hazel St., Oshkosh

Wood - Pittsville High School, Auditorium, 5459 Elementary Avenue, Pittsville

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 AnnMarie Kutzke at [phone] with specific information on your request by April 3, 2006.

The proposed rules and fiscal estimates may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed hunting and trapping regulations may be submitted via U.S. mail to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Written comments on the proposed fishing regulations may be submitted via U.S. mail to Mr. Joe Hennessy, Bureau of Fisheries Management, P.O. Box 7921, Madison, WI 53707. Written comments shall be postmarked not later than April 11, 2006. Written comments whether submitted electronically or by U.S. mail will NOT, however, be counted as spring hearing votes.

Notice of Hearing

Natural Resources

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (2) (intro.), 23.091, 23.11 (1), 23.28 (3), 27.01 (2) (j), 227.11 (2) (a) and 227.24, Stats., interpreting ss. 23.09 (2) (intro.), 23.091, 23.11 (4), 23.175, 23.28 (3), 23.393, 27.01 (2) (i) and (j) and 28.04(2), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Order No. FR-20-06(E) creating s. NR 45.04 (1) (g), Wis. Adm. Code, relating to the regulation of firewood entering and exiting Department lands. The effective date of the emergency order is April 1, 2006. The rule prohibits a person from possessing firewood that originates from outside the borders of Wisconsin. Firewood includes all wood, processed or unprocessed, meant for use in a campfire. The purpose of the emergency rule is to regulate firewood entering properties managed by the Department to reduce the risk of introduction and spread of emerald ash borer and other invasive insects and diseases of trees.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Monday, April 17, 2006 at 7:00 p.m.

Video conference participation will be available at:

Room 130, Manufacturing Ed Center, Chippewa Valley Tech., 2320 Alpine Rd., Eau Claire

SC207, Northeastern WI Tech., 2740 W. Mason Street, Green Bay

102 Wing Communications, UW-LaCrosse, 1725 State Street, La Crosse

Room 227, Pyle Center, 702 Langdon Street, Madison

Room S120, MATC-Milwaukee, 700 State Street, Milwaukee

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 Dr. Andrea Diss Torrance at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

The emergency rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the emergency rule may be submitted via U.S. mail to Dr. Andrea Diss Torrance, Bureau of Forest Science, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 5, 2006. 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 Dr. Diss Torrance.

Notice of Hearing

Natural Resources

[CR 06-027]

NOTICE IS HEREBY GIVEN that pursuant to ss. 77.06 (2), 77.82 (3) (c), 77.91 (1) and 227.11 (2) (a), Stats., interpreting s. 77.06 (2) and subch. VI, ch. 77, Stats., the Department of Natural Resources will hold a public hearing on revisions to ss. NR 46.18 and 46.30, Wis. Adm. Code, relating to the administration of the Forest Crop Law and the Managed Forest Law. Sections 77.06 (2) and 77.91 (1), Stats., require that the Department establish stumpage rates (values) used in calculating severance and yield taxes on timber harvested from land enrolled in the Forest Crop Law (FCL) and managed Forest Law (MFL). This rule would repeal and recreate s. NR 46.30 (2) (a) to (c) to revise the stumpage values to be used in calculating severance taxes and yield taxes for timber harvested during the period of November 1, 2005 and October 31, 2006. Thirteen separate zones reflect varying stumpage values for different species and products across the state. The average change for sawtimber is a 7% increase over current rates. The pulpwood prices, on average, would increase 20%. Stumpage values are collected from private, state and county timber sales to be used in calculating the proposed stumpage rates.

In addition to the stumpage value changes, “mixed product" stumpage rates for red pine, white pine and spruce are added to reflect changes in how products are being sold and keep product reporting in line with public land reporting; the weight conversion factor for red pine (green weight) is adjusted from 4700 to 4500 to bring it in line with the weight conversion factor used for public lands; and the mandatory practices related to release from competing vegetation and treatments to insure adequate regeneration are updated.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Any business with land enrolled in either the Managed Forest Law or the Forest Crop Law.

b. Description of reporting or bookkeeping procedures required: No procedures not already required.

c. Description of professional skills required: No new skills are required.

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

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, April 19, 2006 at 1:00 p.m.

Council Chambers, Wausau City Hall, 407 Grant Street, Wausau

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 Carol Nielsen at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

There is no fiscal impact to state revenues. There is an estimated increase in local revenues of $293,000 due to increase in stumpage rates.

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 Ms. Carol Nielsen, Forest Tax Section, Bureau of Forest Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until April 24, 2006. 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 Ms. Nielsen.

Notice of Hearings

Natural Resources

[CR 06-022]

NOTICE IS HEREBY GIVEN that pursuant to ss. 26.385 and 227.11 (2) (a), Stats., interpreting s. 26.385, Stats., the Department of Natural Resources will hold public hearings on the creation of s. NR 47.93, Wis. Adm. Code, relating to the forestry research and development grant program. 2005 Wisconsin Act 25 created s. 26.385, Stats., which authorizes the department to promulgate rules for the forestry research and development grant program. The proposed s. NR 47.93 will establish the purpose, applicability, definitions, grant solicitation and public notice, contractor selection criteria and grant agreement provisions of the program. The intent of the program is to provide grants to organizations experienced in the commercialization of energy technologies related to forestry biomass as energy and biochemical sources. The program will further the development of alternative renewable energy sources to benefit public health and the environment. The forestry research and development grant program will only provide state match grants required for federal grant programs for forestry biomass research and development.

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 [e-mail] or by calling [phone].

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 pursuant to ss. 26.385, 227.11 (2) (a) and 227.24, Stats., interpreting s. 26.385, Stats., the Department of Natural Resources will hold public hearing on Natural Resources Board Emergency Order No. FR-17-06(E) relating to the forestry research and development grant program. This emergency order took effect on March 16, 2006. The emergency order is identical to the proposed permanent rule.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Monday, April 24, 2006 at 10:00 a.m.

Council Chambers, Wausau City Hall

407 Grant Street

Wausau

Wednesday, April 26, 2006 at 9:30 a.m.

Room G09, GEF #2, 101 South Webster Street

Madison

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 Terry Mace at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule, emergency rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the rules may be submitted via U.S. mail to Mr. Terry Mace, Bureau of Forestry Services, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 5, 2006. 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. Mace.

Notice of Hearings

Natural Resources

[CR 06-024]

NOTICE IS HEREBY GIVEN that pursuant to ss. 30.201, 295.12 and 227.11 (2) (a), Stats., interpreting s. 30.201 and subch. I of ch. 295, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 135 and 340, Wis. Adm. Code, relating to the reclamation of nonmetallic mining sites. The proposed revisions:

Remove “start-up" language from the rule. These rule changes will make some minimal changes to uniform statewide reclamation standards for nonmetallic mines and some important changes to administrative procedures to program administered by county the local government. In addition, the “start-up" language that is no longer applicable will be removed from the rule. Numerous provisions were included in the original rule for special permitting and review processes for nonmetallic mining operations that were active when the mine reclamation program began. These are no longer necessary or applicable and should be removed.

Clarify and simplify through improvements to fee collection and timing of annual report submittal. Currently operators pay fees by anticipating unreclaimed acreage in the upcoming year and provide annual reports based upon the previous year. The proposed language revises s. NR 135.39 so that only one deadline is required for both fee submittal and for the submittal of the annual report. In addition, both fees and the report will now be based on unreclaimed acreage in the previous year.

Fee increase. Fee increase are proposed in the rule to reflect adjustments for inflation. This will affect the portion of the fees collected by regulatory authorities which are forwarded to the DNR to cover its administrative costs. In addition, fees that the DNR would assess if the DNR was forced to become the regulatory authority would also be adjusted. To date the DNR has not been required to assume the contingency role as the regulatory authority.

Dispute resolution. Currently DNR can work to assist in the resolution of disputes between nonmetallic mine operators and their regulatory authority. Under the current rule language, the process and the outcomes of this resolution are vague. The proposed revisions to s. NR 135.52 clarity the roles of each party, the steps to be taken and corresponding timeframes. The proposed revisions will require the DNR to provide a written opinion, but not a binding decision.

Clarify language based on experience. The proposed revisions include various minor wording changes to rule language that address very specific issues which have arisen over the past five years as well as several changes to definitions. One of these changes relates to the safety and stability of slopes that exceed 3:1 after site reclamation. Several minor changes to reclamation plan submittal requirements, public hearings, conditional approvals and explanatory notes are also proposed.

Harmonize financial assurance with ch. NR 340 on nonmetallic mining and reclamation associated with navigable waterways and adjacent areas. The use of additional options that can be employed to satisfy ch. NR 340 financial assurance requirements, as provided in recent statutory changes. The anticipated changes to ch. NR 340 will reflect the mandated changes to s. 30.203, Stats., and will also make the financial assurance provisions of ch. NR 340 more consistent with corresponding provisions of ch. NR 135.

NOTICE IS HEREBY 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: Nonmetallic mines

b. Description of reporting and bookkeeping procedures required: No new requirements

c. Description of professional skills required: No new requirements.

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

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:

Thursday, April 13, 2006 at 1:00 p.m.

Council Chambers, Wausau City Hall, 407 Grant Street, Wausau

Friday, April 14, 2006 at 1:00 p.m.

Room G09, GEF #2, 101 South Webster Street

Madison

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 Thomas Portle at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

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 Thomas Portle, Bureau of Waste Materials & Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until April 28, 2006. 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. Portle.

Notice of Hearings

Natural Resources

[CR 06-023]

NOTICE IS HEREBY GIVEN that pursuant to ss. 281.59 and 289.61, Stats., interpreting s. 281.59 and 281.61, Stats., the Department of Natural Resources will hold a public hearing on the repeal of chs. NR 127, 128 and 160 and the repeal and recreation of ch. NR 166, Wis. Adm. Code, relating to the Safe Drinking Water Loan Program. Chapters NR 127, 128 and 160 were the rules for grant programs that have been obsolete for more than 10 years due to changes in federal regulations and state statutes. Repealing these codes should eliminate any confusion their existence may cause about available funding programs.

Chapter NR 166 is being repealed and recreated to clarify the eligibility, procurement, amendment and scoring sections of the rule. The updated rule includes new subsections in the eligibility and amendments section of ch. NR 166 to write existing program policies into the rule. In addition, language is added to limit the refinancing of local governmental units' existing debt on projects that are already constructed. Some inconsistencies between ch. NR 162 on the Clean Water Fund program and ch. NR 166 are eliminated making administration of the two programs more efficient.

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 [e-mail] or by calling [phone].

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:

Wednesday, April 12, 2006 at 10:00 a.m.

Video conference participation will be available at:

Room G11, GEF #2 State Office Building

101 South Webster St.

Madison

Room 139, State Office Building

718 W. Clairemont Avenue

Eau Claire

Room 318, State Office Building

200 N. Jefferson Street

Green Bay

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 Jeanne Cargill at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

There is no state or local fiscal impact.

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 Ms. Jeanne Cargill, Bureau of Community Financial Assistance, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until April 26, 2006. 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 Ms. Cargill.

Notice of Hearings

Natural Resources

[CR 06-026]

NOTICE IS HEREBY GIVEN that pursuant to ss. 289.05, 289.06, 289.07 and 227.11 (2) (a), Stats., interpreting ss. 289.24, 289.30 and 289.61, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 504, 506, 512, 514, 516 and 520, Wis. Adm. Code, relating to landfilling of solid waste. The requirement for landfill operators to submit landfill organic stability plans was approved in Natural Resources Board Order No. WA-47-04 (Clearinghouse Rule No. 04-077). When the Natural Resources Board adopted the rule on March 23, 2005, the Board directed DNR staff to draft more detailed rules for the landfill organic stability plans. Landfill organic stability plans will reduce the environmental and public health risks posed by the long-term persistence of undecomposed organic materials in landfills. These rule revisions contain requirements for the minimum contents of the plans; a set of goals for the landfill operator to use to model the chosen strategy for achieving organic stability; monitoring, evaluation and reporting requirements; and definitions specifying to which landfills these rules apply. The proposed rules attempt to establish achievable goals and an even playing field for landfill operators while remaining non-prescriptive about the methods the operators use to achieve the goals.

The proposed rule also corrects non-substantive rule drafting and style errors inadvertently left in the previous rule package. It also makes one substantive but minor change in the testing requirements for the newly installed landfill liners.

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 [e-mail] or by calling [phone].

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:

Tuesday, April 11, 2006 at 1:00 p.m.

Room 150 &185, DNR West Central Region Hdqrs., 1300 W. Clairemont, Eau Claire

Wednesday, April 12, 2006 at 10:00 a.m.

Room 162 West Wing, State Office Building, 141 NW Barstow, Waukesha

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 Ms. Janet DiMaggio at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

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. Gene Mitchell, Waste and Material Supervisor, 3911 Fish Hatchery Road, Fitchburg, WI 53711. Comments may be submitted until April 21, 2006. 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 Ms. Janet DiMaggio, Bureau of Waste Materials and Management, P.O. Box 7921, Madison, WI 53707.

Notice of Hearings

Natural Resources

[CR 06-025]

NOTICE IS HEREBY GIVEN that pursuant to ss. 289.61 and 227.11 (2) (a), Stats., interpreting s. 289.61, Stats., the Department of Natural Resources will hold public hearings on the amendment of s. NR 520.04 (1) (d) 5., Wis. Adm. Code, relating to balances in the Waste Management Program Revenue Account. The intent of the proposed rule is to make the rule more manageable from a budgeting perspective. The current rule requires the Department of modify the landfill license surcharge fee if the account balance is greater than 8% of the expenditure level for the previous fiscal year. The proposed rule will revise the language to require the Department to modify the surcharge fee to more closely align revenues with expenditures if the account balance exceeds 20% of the expenditure level of the program revenue account for 3 consecutive fiscal years.

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 [e-mail] or by calling [phone].

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:

Tuesday, April 18, 2006 at 10:00 a.m.

Room 511, GEF #2

101 South Webster Street, Madison

Wednesday, April 19, 2006 at 10:00 a.m.

Conference Room #1, Portage Co. Courthouse Annex

1462 Strongs Ave., Stevens Point

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 Dennis Mack at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

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. Dennis Mack, Bureau of Waste Materials and Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 22, 2006. 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. Mack.

Notice of Hearing

Veterans Affairs

[CR 06-020]

The Wisconsin Department of Veterans Affairs announces that a public hearing will be held on the 21st day of April, 2006, at 9:45 a.m., at the Stone Harbor Resort and Conference Center, 107 North First Avenue, Sturgeon Bay, Wisconsin on amendments to chapter VA 16, Wis. Adm. Code, relating to the county transportation services grant program.

Analysis Prepared by the Department of Veterans Affairs

Statutory authority: ss. 45.03 (2) and 45.83 (2), Stats.

Statute interpreted: s. 45.83, Stats.

Explanation of agency authority: The legislature has authorized the department to award grants to counties not served by the Wisconsin department of Disabled American Veterans to develop, maintain, and expand veterans transportation services. The statute explicitly directs the department to promulgate administrative rules specifying the application procedure and eligibility criteria.

Related statute or rule: None.

Plain language analysis: The proposed order would require counties that have an ongoing transportation program and who do not intend to expand the program by more than 50% to provide data for a prior 12-month period. Under the current rule, counties are required to estimate mileage during the grant year. The amendments will provide more certainty to the grant calculation process.

Summary of, and comparison with, existing or proposed federal regulations: There is no current or pending federal regulation that addresses this initiative.

Comparison with rules in adjacent states: There are no similar rules in adjacent states.

Summary of factual data and analytical methodologies: The department reviewed data from counties receiving the grant over the last several years. Based upon that review, and at the request of the county veterans service officers association, the department determined that using actual data to calculate the grant was appropriate, inasmuch as the existing transportation programs have maintained their relative share of the funding. However, recognizing that some programs may be initiated or significantly expanded, use of prospective data was retained in the rule.

Analysis and supporting documents used to determine the effect on small business or in preparation of an economic impact statement: The department has prepared a fiscal estimate in which it was concluded that the rule changes would have no fiscal impact. This rule has no regulatory aspect to it, has no effect upon small businesses, nor any significant fiscal impact upon the private sector.

Effect on small business: None.

Agency Contact

John Rosinski, Chief Legal Counsel, at [phone] or [e-mail].

Place where comments are to be submitted and deadline for submission: To the agency contact person at Wisconsin Department of Veterans Affairs, 30 West Mifflin Street, P.O. Box 7843, Madison, WI 53707-7843 within 7 days after the public hearing scheduled for April 21, 2006.

Initial Regulatory Flexibility Analysis

The proposed rule has no effect upon small businesses.

Fiscal Estimate

The proposed rule has no fiscal impact. A copy of the full fiscal estimate may be obtained by contacting the agency contact person, John Rosinski, as indicated above.

TEXT OF RULE

SECTION 1. VA 16.01 (3) is amended to read:VA 16.01 (3) “Grant" means a transportation services grant authorized under s. 45.43 (7m) s.45.83, Stats.

SECTION 2. VA 16.02 (1) is amended to read:

VA 16.02 (1) APPLICATION. An applicant shall file an application with the department not later than March 1, 2003 for a grant for calendar year 2003 and by November 1, 2003 and each subsequent calendar year November 1st immediately preceding the calendar year for which a grant is sought. The Except as provided in sub. (4), the application shall provide sufficient information to establish that the applicant meets the eligibility criteria in sub. (2) and shall be submitted with the following items:

SECTION 3. VA 16.02 (1) (a) is amended to read:

VA 16.02 (1) (a) A financial statement, including a report of all expenses and revenue of the applicant relating to the provision of transportation services to veterans to medical appointments arranged or conducted by the U.S. Department of Veterans Affairs during the most recently completed calendar year 12-month period completed on June 30th of the year in which the application is submitted.

SECTION 4. VA 16.02 (1) (b) is amended to read:

VA 16.02 (1) (b) A statement which outlines the applicant's veterans' proposed transportation program for the calendar year for which the grant is sought 12-month period completed on June 30th of the year in which the application is submitted, including an itemization of the amount budgeted expended for the program, a description of the manner in which the applicant will coordinate coordinated and schedule scheduled trips, a description of the methods of transportation, and a statement of the program fees, if any, which will be were assessed to the veteran who receives the transportation services.

SECTION 5. VA 16.02 (1) (c) is amended to read:

VA 16.02 (1) (c) A report that identifies the number of veterans transported and the number of miles veterans were transported during the most recently completed calendar year 12-month period completed on June 30th of the year in which the application is submitted.

SECTION 6. VA 16.02 (3) is amended to read:

VA 16.02 (3) GRANT AMOUNT. The amount of a grant for each applicant shall be determined based upon the number of miles that eligible veterans were transported by the applicant during the 12-month period completed on June 30th of the year in which the application is submitted, or, if the applicant qualifies under sub. (4), the number of miles that eligible veterans are expected to be transported by the applicant during the subsequent calendar year, as determined by the department. Each eligible applicant shall be entitled to a grant based upon its pro rata share of miles among all eligible applicants, except that a grant may not exceed the unreimbursed expenditures of the applicant for transportation services for the grant year.

SECTION 7. VA 16.02 (4) is created to read:

VA 16.02 (4) NEW OR EXPANDED VETERANS' TRANSPORTATION PROGRAMS. If a county did not operate a veterans' transportation program during the entire 12-month period completed on June 30th of the year in which the application is submitted, or if a county proposes to expand an existing program by increasing the number of miles that veterans are transported by at least 50%, it may submit an application based on the number of estimated miles it expects to transport veterans during the subsequent calendar year. The applicant shall submit a statement which outlines the applicant's proposed transportation program for the calendar year for which the grant is sought, including an itemization of the amount budgeted for the program, a description of the manner in which the applicant will coordinate and schedule trips, a description of the methods of transportation, an estimate of the number of miles veterans will be transported during the grant year, and a statement of the program fees, if any, which will be assessed to the veteran who received the transportation services. The department may subsequently reduce future grants to recover any portion of the grant allocated to the amount that the estimated miles exceed actual miles provided by the county.