Location:   Transportation District 5
  3550 Mormon Coulee Road
  Mississippi Conference Room
  LaCrosse, Wisconsin

(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.

Statutory authority: Sections 85.16 (1) and 348.07 (4), Stats.

Statute interpreted: Section 348.07 (4), Stats.

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 State of Wisconsin complied with the federal requirements outlined above by enacting 1983 Wisconsin Act 78 which amended s. 348.07 (2), Stats., and s. 348.08 (1), Stats. This act created ss. 348.07 (2) (f), (fm), (gm) and 348.08 (1) (e) to implement the federal length requirements. In 1986 the legislature created s. 348.07 (2) (gr), Stats., to add 53 foot semitrailers as part of a two vehicle combination to the types of vehicles that may operate along with STAA authorized vehicles. (See 1985 Wisconsin Act 165)

The vehicles authorized by the STAA may operate on the national system of interstate and defense highways and on those federal aid primary highways designated by regulation of the secretary of the United States Department of Transportation. In 1984 the USDOT adopted 23 CFR Part 658 which in Appendix A lists the highways in each state upon which STAA authorized vehicles may operate. Collectively these highways are known as the National Network. In 1983 Wisconsin Act 78, the legislature enacted § 348.07(4), Stats., which directs the Wisconsin Department of Transportation to adopt a rule designating the highways in Wisconsin on which STAA authorized vehicles may be operated consistent with federal regulations.

The Department of Transportation first adopted ch. Trans 276 of the Wisconsin Administrative Code in December of 1984. The rule is consistent with 23 CFR Part 658 in that the Wisconsin rule designates all of the highways in Wisconsin that are listed in 23 CFR Part 658 as part of the National Network for STAA authorized vehicles. The federal regulation does not prohibit states from allowing operation of STAA authorized vehicles on additional state highways. The rule making authority granted to the Wisconsin Department of Transportation in § 348.07(4), Stats., allows the DOT to add routes in Wisconsin consistent with public safety. The rule making process also provides a mechanism to review requests from businesses and shipping firms for access to the designated highway system for points of origin and delivery beyond 5 miles from a designated route. A process to review and respond to requests for reasonable access is required by 23 CFR Part 658.

This rule amends s. Trans 276.07 (6) and creates s. Trans 276.07 (31g), Wis. Adm. Code, to add four segments of highway to the designated highway system established under s. 348.07 (4), Stats. The actual highway segments that this rule adds to the designated highway system are:

Hwy.   From   To

STH 27   STH 171 at Mt. Sterling   USH 14 S. of
    Viroqua

CTH S   CTH B   7258 CTH S

CTH B   USH 53   CTH S

CTH P   USH 2   CTH B

The long trucks to which this rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet, a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s. 348.07 (2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.

The effect of this rule will be to extend the provisions of s. 348.07 (2)(f), (fm), (gm) and (gr), and s. 348.08 (1) (e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highways. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segments. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segments provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on these highway segments provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.

These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.

Note: 1 The rule text often achieves these objectives by consolidating individual segments into contiguous segments with new end points. In order to determine the actual highway segment added, it is necessary to compare the combined old designations with the combined new designation.

Note: 2 45-foot buses are allowed on the National Network and Interstate system by Federal law. Section 4006(b) of the Intermodal Surface Transportation Efficiency Act of 1991.

None of the states adjacent to Wisconsin (Michigan, Minnesota, Illinois and Iowa) have administrative rules relating to long truck routes in their states.

Due to the federal requirement that requests for access to the designated highway system in a state be decided within 90 days of the request, a proposed rule making to add requested routes is initiated without investigation. The public hearing and Department investigation undertaken in preparation for the hearing provide the engineering and economic data needed to make a final decision on whether to withdraw the proposal or proceed to final rule making.

The provisions of this rule adding highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes. You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website:

http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.

The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.

The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Ashwani Sharma, Department of Transportation, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, WI 53707-7986. You may also contact Mr. Sharma by phone at (608) 266-1273.

To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/
rulenotices.htm

Section 1. Trans 276.07 (6) is amended to read:

Route   From   To

STH 25   Minnesota Line   STH 48

STH 26   IH 90 at Janesville   USH 151 S.E. of
    Waupun

STH 26   USH 151 N.E. of Waupun   USH 41 S.W. of
    Oshkosh

STH 27   USH 18 in Prairie du Chien   STH 171 at Mt.
    Sterling USH 14
    S. of Viroqua

STH 27   USH 14 S.E. of Viroqua   STH 40 in
    Radisson

STH 28   STH 33 in Horicon   IH 43 in
    Sheboygan

STH 29   USH 10 in Prescott   STH 35 in
    River Falls

STH 29   IH 94 W. of Elk Mound   USH 53 at
    Chippewa Falls

STH 29   124 S. of Chippewa Falls   USH 41 in
    Green Bay

STH 29   USH 141 at Bellevue   STH 42 in
    Kewaunee

Section 2. Trans 276.07 (31g) is created to read:

(31g) DOUGLAS COUNTY:

CTH B   USH 53   CTH S

CTH P   USH 2   CTH B

CTH S   CTH B   7258 CTH S

Notice is hereby given that the Department of Veterans Affairs will hold a public hearing on the 3rd day of December, 2004, at 9:30 a.m., in the 8th floor board room at 30 West Mifflin Street in Madison, Wisconsin.

Statutory authority: ss. 45.35 (3) and 45.358 (3m), Stats.

Statute interpreted: s. 45.358, Stats.

The proposed rule changes are intended to provide the department flexibility in adjusting burial fees that may be charged dependents, spouses, and surviving spouses as well as assessments made for the provision of burial containers. The proposed rule would permit the department to adjust fees and assessments based up to the current cost of providing the benefit.

There is no current or pending federal regulation that has an impact on this issue. There are no similar rules in adjacent states. However, cemetery fees are set by some states outside of the rulemaking process. This rule has no regulatory aspect to it, has no effect upon small businesses, nor any significant fiscal effect upon the private sector.

This rule is not expected to have any adverse impact upon small businesses.

The implementation of the rule is expected to result in an increase in revenue in FYE 05 of approximately $38,400.

A copy of the proposed rules and the full fiscal estimate may be obtained by contacting:

John Rosinski

Wisconsin Department of Veterans Affairs

PO Box 7843

Madison, WI 53707-7843

John Rosinski (608) 266-7916

John.rosinski@dav.state.wi.us

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Veterinary Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 453.03, Stats., and interpreting s. 453.062, Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal ss. VE 10.05 and 10.06; to amend ss. VE 1.02 (intro.), 7.055 (title), (intro.), (1) and (2), 7.06 (22), 9.035 (title), (intro.), (1) and (2); 9.05 (12), and 10.01; and to repeal and recreate ss. VE 10.02, 10.03 and 1.04, relating to renewal, conduct and continuing education for veterinarians and veterinary technicians.

Date:   December 1, 2004

Time:   11:30 A.M.

Location:   1400 East Washington Avenue

  Room 179A

  Madison, Wisconsin

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708, or by e-mail to pamela.haack@drl.state.wi.us. Written comments must be received by December 13, 2004 to be included in the record of rule-making proceedings.