Rule-Making Notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
(DATCP DOCKET # 14-R-03)
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on a proposed rule relating to minor and technical changes to multiple department chapters: Chapters
ATCP 21
,
29
,
30
,
33
,
35
,
40
,
42
,
49
,
50
,
71
,
90
,
91
,
92
,
94
,
105
,
123
,
127
, and
161
Rule Relating to: Plant inspection and pest control, pesticide use and control; pesticide product restrictions; fertilizer and pesticide bulk storage; agricultural chemical cleanup program; fertilizer and related products; commercial feed; farmland preservation; soil and water resource management program; food warehouses and bulk milk distributors; fair packaging and labeling; selling commodities by weight, measure or count; weights & measures; petroleum and other liquid fuel products; sales below cost; electronic communication services; direct marketing; agricultural development and market promotion.
Hearing Information
Date:
Thursday, August 28, 2014
Time:
10:00 a.m. to 11:00 a.m.
Location:
Department of Agriculture, Trade and
Consumer Protection
2811 Agriculture Drive, Room 411
Madison, WI 53718
Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by August 20, 2014, by writing to Kelly Monaghan, Office of the Secretary, P.O. Box 8911, Madison, WI 53708-8911; or by emailing
kelly.monaghan@wisconsin.gov
; or by telephone at (608) 224-5023. Alternatively, you may contact the DATCP TDD at (608) 224-5058. The hearing facility is handicap accessible.
Appearances at the Hearing and Copies of Proposed Rule
DATCP will hold one public hearing at the time and place shown above. DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearing, the hearing record will remain open until
September 10, 2014
for additional written comments. Comments may be sent to the Office of the Secretary at the address below, or to
kelly.monaghan@wisconsin.gov
, or to
http://adminrules.wisconsin.gov
.
You can obtain a free copy of this hearing draft rule and related documents including the economic impact analysis by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Office of the Secretary, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-5023 or by emailing
kelly.monaghan@wisconsin.gov
. Copies will also be available at the hearing. To view the hearing draft rule online, go to:
http://adminrules.wisconsin.gov
.
Place Where Comments are to be Submitted and Deadline for Submission
Questions and comments related to this rule will be accepted until
September 10, 2014
, and may be directed to:
Kelly Monaghan
Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
Madison, WI 53718
Telephone: (608) 224-5023
Comments or concerns relating to small business may also be addressed to DATCP's small business regulatory coordinator Keeley Moll at the address above, or by email to
keeley.moll@wisconsin.gov
, or by telephone at (608) 224-5039.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule makes minor technical changes to a number of current rules administered by the department of agriculture, trade and consumer protection ("DATCP").
Statutes interpreted
Sections
91.02
,
92.05
,
93.48
,
94.01(1)
,
94.64
,
94.65
,
94.69
,
94.72
,
94.73
,
97.27
,
98.07
,
100.20
, and
100.30
, Stats., and ch.
168
, Stats.
Statutory authority
Sections
91.02
,
92.05 (3) (c)
,
93.07 (1)
,
93.48 (1)
,
94.01 (1)
,
94.64 (9)
,
94.65 (9)
,
94.69 (1)
,
94.72 (13)
,
94.73 (11)
,
97.27 (5)
,
98.07 (4)
,
100.20 (2) (a)
,
100.30
, Stats., and ch.
168
, Stats.
Explanation of statutory authority
DATCP has general authority, under s.
93.07 (1)
, Stats., to adopt rules to interpret laws under its jurisdiction. It also has specific rulemaking authority related to various matters addressed by this rule (see above). This rule makes minor changes to a number of different rules administered by DATCP. The changes are adopted under essentially the same authority used to adopt the original rules.
Related rules or statutes
This rule is not substantially affected by statutes or rules other than those identified in this rule.
Plain language analysis
This rule makes minor or technical changes to a number of current DATCP rules. This rule does all of the following:
Plant Inspection and Pest Control
Makes a small change indicating that a state plant regulatory official, rather than a U.S. department of agriculture official, may now declare an area to be infested with thousand cankers disease.
Pesticide Use and Control
•
Decreases licensing fees and surcharges to be consistent with recent statutory changes.
•
Corrects spelling and capitalization errors.
•
Changes several notes to provide online resources for certification, training and examination materials.
Pesticide Product Restrictions
•
Corrects incorrect references to subsections and the misspelling of "strychnine."
•
Amends notes to update website addresses.
•
Removes outdated reference to treatment of aldicarb from the 1980s.
•
Incorporates by reference the most recent edition of the current rule standard concerning pesticide poisonings.
•
Modifies the record keeping provision relating to chloropicrin to reflect that soil temperature at the time of application is not required to be kept.
Fertilizer and Pesticide Bulk Storage
•
Incorporates by reference the most recent edition of minimum design standards for concrete agrichemical containment.
•
Updates sections relating to the use of tarps for dry fertilizer unloading from railway cars and sections relating to asphalt and concrete block structures.
Agricultural Chemical Cleanup Program
•
Amends references required by the renumbering of an administrative code chapter relating to the department of natural resources and corrects a statutory reference to "hazardous substance."
Fertilizer and Related Products
•
Decreases various license and tonnage fees and surcharges to be consistent with recent statutory changes.
•
Incorporates by reference the most recent edition of the current rule standard concerning fertilizers.
Commercial Feed
Updates the technical standards in the current rule to the most recent versions. Several notes have been modified to add more information about obtaining electronic copies of those publications.
Farmland Preservation
Makes a small change to add language into the zoning section to match language used in the planning section.
Soil and Water Resource Management Program
Updates several sections to reference the current versions of technical standards.
Food Warehouse and Bulk Milk Distributors
Corrects an outdated fee structure relating to the re-inspection of small warehouses which hold non-potentially hazardous foods versus those that hold potentially hazardous foods.
Fair Packaging and Labeling; Selling Commodities by Weight, Measure or Count; Weights and Measures; Petroleum and Other Liquid Fuel Products
Corrects small grammatical errors and updates the technical reference to cite the current NIST Handbook.
Sales Below Cost
Corrects a grammatical error.
Electronic Communications Services
Aligns the rule with recent legislature changes.
Direct Marketing
Deletes a note no longer necessary in that section.
Agricultural Development and Market Promotion
Amends the "Buy Local" section to reflect a statute change that directs the matching requirement to be an amount at least equal to the grant amount.
Standards Incorporated by Reference
Pursuant to s.
227.21
, Stats., DATCP has requested permission from the Department of Justice to incorporate the updated technical standards incorporated by reference in this rule. Copies of the updated standards will be kept on file with DATCP and the Legislative Reference Bureau.
Summary of, and comparison with, existing or proposed federal statutes and regulations
The technical rule changes proposed in this rule will not create any disparities between Wisconsin rules and federal statutes and regulations.
Comparison with rules in adjacent states
The technical rule changes proposed in this rule will not create any disparities between Wisconsin and the adjacent states.
Summary of factual data and analytical methodologies
This rule does not depend on any complex analysis of data. This rule merely makes minor technical changes to current rules.
Analysis and supporting documents used to determine effect on small business
Because this bill makes minor technical changes, no significant analysis or documentation was required to determine that the proposed rule will have no impact on small businesses.
Business Impact
This rule will not have any impact on small businesses or other business. This rule makes minor technical changes that will not have any impact on business standards, costs or operations. See the complete Initial Regulatory Flexibility Analysis that accompanies this rule.
Environmental Impact
This "housekeeping" rule will have no significant impact on the environment.
Contact Information
Kelly Monaghan
Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
Madison, WI 53718
Telephone: (608) 224-5023
Initial Regulatory Flexibility Analysis
Rule Subject:
Technical Rule
Adm. Code Reference: ATCP 20, 21, 29, 30, 33, 35,
40, 42, 49, 50, 71, 90, 91, 92, 94,
105, 123, 127, and 161
DATCP Docket #:
14-R-03
Rule summary
This rule makes minor or technical changes to a number of current DATCP rules. This rule does all of the following:
Plant Inspection and Pest Control
Makes a small change indicating that a state plant regulatory official, rather than a U.S. department of agriculture official, may now declare an area to be infested with thousand cankers disease.
Pesticide Use and Control
•
Decreases licensing fees and surcharges to be consistent with recent statutory changes.
•
Corrects spelling and capitalization errors.
•
Changes several notes to provide online resources for certification, training and examination materials.
Pesticide Product Restrictions
•
Corrects incorrect references to subsections and the misspelling of "strychnine."
•
Amends notes to update website addresses.
•
Removes outdated reference to treatment of aldicarb from the 1980s.
•
Incorporates by reference the most recent edition of the current rule standard concerning pesticide poisonings.
•
Modifies the record keeping provision relating to chloropicrin to reflect that soil temperature at the time of application is not required to be kept.
Fertilizer and Pesticide Bulk Storage
•
Incorporates by reference the most recent edition of minimum design standards for concrete agrichemical containment.
•
Updates sections relating to the use of tarps for dry fertilizer unloading from railway cars and sections relating to asphalt and concrete block structures.
Agricultural Chemical Cleanup Program
•
Amends references required by the renumbering of an administrative code chapter relating to the department of natural resources and corrects a statutory reference to "hazardous substance."
Fertilizer and Related Products
•
Decreases various license and tonnage fees and surcharges to be consistent with recent statutory changes.
•
Incorporates by reference the most recent edition of the current rule standard concerning fertilizers.
Commercial Feed
Updates the technical standards in the current rule to the most recent versions. Several notes have been modified to add more information about obtaining electronic copies of those publications.
Farmland Preservation
Makes a small change to add language into the zoning section to match language used in the planning section.
Soil and Water Resource Management Program
Updates several sections to reference the current versions of technical standards.
Food Warehouse and Bulk Milk Distributors
Corrects an outdated fee structure relating to the re-inspection of small warehouses which hold non-potentially hazardous foods versus those that hold potentially hazardous foods.
Fair Packaging and Labeling; Selling Commodities by Weight, Measure or Count; Weights and Measures; Petroleum and Other Liquid Fuel Products
Corrects small grammatical errors and updates the technical reference to cite the current NIST Handbook.
Sales Below Cost
Corrects a grammatical error.
Electronic Communications Services
Aligns the rule with recent legislature changes.
Direct Marketing
Deletes a note no longer necessary in that section.
Agricultural Development and Market Promotion
Amends the "Buy Local" section to reflect a statute change that directs the matching requirement to be an amount at least equal to the grant amount.
Small business affected
This rule will not have any impact on small businesses or other business. This rule makes minor technical changes that will not have any impact on business standards, costs or operations.
Reporting, bookkeeping, and other procedures
The proposed rule does not create any reporting, bookkeeping or other requirement for small businesses.
Professional Skills Required
The proposed rule does not require any profession skill of small businesses.
Accommodation for Small Business
This rule has no impact upon small businesses and as a result, no accommodations are needed.
Conclusion
This rule will not have any effect on "small business," and is not subject to the delayed "small business" effective date provided in s.
227.22 (2) (e)
, Stats.
ADMINISTRATIVE RULES
FISCAL ESTIMATE
AND ECONOMIC IMPACT ANALYSIS
|
Type of Estimate and Analysis
|
X
Original
⍽
Updated
⍽
Corrected
|
Administrative Rule Chapter, Title and Number
|
Chaps. ATCP 20, 21, 29, 30, 33, 35, 40, 42, 49, 50, 71, 90, 91, 92, 94, 105, 123, 127 and 161
|
Subject
|
Technical Rule Changes
|
Fund Sources Affected
|
Chapter 20 , Stats. Appropriations Affected
|
⍽
GPR
⍽
FED
⍽
PRO
⍽
PRS
⍽
SEG
⍽
SEG-S
|
|
Fiscal Effect of Implementing the Rule
|
X
No Fiscal Effect
⍽
Indeterminate
|
⍽
Increase Existing Revenues
⍽
Decrease Existing Revenues
|
⍽
Increase Costs
⍽
Could Absorb Within Agency's Budget
⍽
Decrease Costs
|
The Rule Will Impact the Following (Check All That Apply)
|
⍽
State's Economy
⍽
Local Government Units
|
⍽
Specific Businesses/Sectors
⍽
Public Utility Rate Payers
|
Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽
Yes
X
No
|
Policy Problem Addressed by the Rule
|
This rule makes minor or technical changes to a number of current DATCP rules. This rule does all of the following:
Plant Inspection and Pest Control
Makes a small change indicating that a state plant regulatory official, rather than a U.S. department of agriculture official, may now declare an area to be infested with thousand cankers disease.
Pesticide Use and Control
•
Decreases licensing fees and surcharges to be consistent with recent statutory changes.
•
Corrects spelling and capitalization errors.
•
Changes several notes to provide online resources for certification, training and examination materials.
Pesticide Product Restrictions
•
Corrects incorrect references to subsections and the misspelling of "strychnine."
•
Amends notes to update website addresses.
•
Removes outdated reference to treatment of aldicarb from the 1980s.
•
Incorporates by reference the most recent edition of the current rule standard concerning pesticide poisonings.
•
Modifies the record keeping provision relating to chloropicrin to reflect that soil temperature at the time of application is not required to be kept.
|
Fertilizer and Pesticide Bulk Storage
•
Incorporates by reference the most recent edition of minimum design standards for
concrete agrichemical containment.
•
Updates sections relating to the use of tarps for dry fertilizer unloading from railway cars
and sections relating to asphalt and concrete block structures.
Agricultural Chemical Cleanup Program
•
Amends references required by the renumbering of an administrative code chapter relating to
the department of natural resources and corrects a statutory reference to "hazardous substance."
Fertilizer and Related Products
•
Decreases various license and tonnage fees and surcharges to be consistent with recent statutory changes.
•
Incorporates by reference the most recent edition of the current rule standard concerning fertilizers.
Commercial Feed
Updates the technical standards in the current rule to the most recent versions. Several notes have been modified to add more information about obtaining electronic copies of those publications.
Farmland Preservation
Makes a small change to add language into the zoning section to match language used in the planning section.
Soil and Water Resource Management Program
Updates several sections to reference the current versions of technical standards.
Food Warehouse and Bulk Milk Distributors
Corrects an outdated fee structure relating to the re-inspection of small warehouses which hold non-potentially hazardous foods versus those that hold potentially hazardous foods.
Fair Packaging and Labeling; Selling Commodities by Weight, Measure or Count; Weights and Measures; Petroleum and Other Liquid Fuel Products
Corrects small grammatical errors and updates the technical reference to cite the current NIST Handbook.
Sales Below Cost
Corrects a grammatical error.
Electronic Communications Services
Aligns the rule with recent legislature changes.
Direct Marketing
Deletes a note no longer necessary in that section.
Agricultural Development and Market Promotion
Amends the "Buy Local" section to reflect a statute change that directs the matching requirement to be an amount at least equal to the grant amount.
|
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
Small Businesses
This rule makes technical housekeeping changes that will have no effect upon small businesses.
Utility Rate Payers
The rule will have no impact on utility rate payers.
Local Governments
This rule will not impact local governments. Local governments will not have any implementation or compliance costs.
General Public
This rule makes technical changes to the existing rules identified above. The proposed rule will not have any economic impact on the general public or the State's economy different from the impact of the existing rules that are proposed to be amended.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Benefits
This rule will benefit the public and various business sectors, as described above, by making technical changes to existing rules.
General Public
The general public and consumers will benefit from the technical changes in this rule through the clarification and updating of existing rules.
Alternatives
This rule makes necessary technical changes in existing rules. If DATCP does not make the proposed technical changes, there will continue to be outdated provisions in existing regulations, inconsistencies between regulations and referenced documents, and certain regulations will lack necessary clarity.
|
Long Range Implications of Implementing the Rule
|
Long-term, implementing the rule will benefit businesses and the general public for the reasons stated above.
|
Compare With Approaches Being Used by Federal Government
|
The technical changes are proposed to ensure that the specified existing DATCP rules remain consistent with federal statutes and regulations.
|
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota
)
|
The housekeeping and technical rules changes proposed in this rule will not create any disparities between Wisconsin and the adjacent states.
Comments Received in Response to Web Posting and DATCP Response
No comments were received in response either to the posting on the DATCP external website or the statewide administrative rules website.
|
Notice of Hearings
Natural Resources
Fish, Game, etc., Chs. 1—
(DNR # LE-01-14)
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
227.16
and
227.17
, Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on Chapter
NR 5
— Boat rules and regulations, relating to federal requirements, correct noise level testing procedures, improve officer safety, and establish a numbering system for approved waterway markers on the date(s) and at the time(s) and location(s) listed below.
Hearing Information
Date:
Friday, September 5, 2014
Time:
10:00 a.m. to 11:00 a.m.
Location:
DNR Satellite Center
DMV/DNR Conference Room
5301 Rib Mountain Road
Wausau, WI 54401
Date:
Wednesday, September 10, 2014
Time:
10:00 a.m. to 11:00 a.m.
Location:
DNR Service Center
Glacier's Edge/Gathering Waters
Conference Room
3911 Fish Hatchery Road
Fitchburg, Wi 53711
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Penny Kanable, Madison, WI 53707; by E-mail to
penny.kanable@wisconsin.gov
or by calling (608) 228-9352. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Availability of the
p
roposed
r
ules and
f
iscal
e
stimate
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the
Administrative Rules System Web site which can be accessed through the link
https://health.wisconsin.gov/admrules/public/Home
. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Penny Kanable, Department of Natural Resources, Bureau of Law Enforcement, 101 S. Webster St, Madison, WI, 53703, or by calling (608) 228-9352.
Submitting Comments
Comments on the proposed rule must be received on or before Friday,
September 19
,
2014
. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to either:
Roy Zellmer
Department of Natural Resources
Bureau of Law Enforcement
101 S Webster St
Madison, WI 53703
Phone:
608-212-5385
Fax:
608-266-3696
Penny Kanable
Department of Natural Resources
Bureau of Law Enforcement
101 S Webster Street
Madison, WI 53703
Phone:
608-228-9352
Fax:
608-266-3696
Internet:
Use the Administrative Rules System Web site accessible through the link provided
Analysis Prepared by the Department of Natural Resources
Statute interpreted
Sections
30.505
,
30.62
(d) 2. and 3., (2) (d) 3., and (9), and 30.65 (2)
Statutory authority
Sections
30.505
,
30.62
(d) 2. and 3.,(2) (d) 3., and (9), and 30.65 (2).
Explanation of agency authority
The above statutes have been interpreted as giving the department authority to promulgate rules necessary to conform with federal regulations, establish noise level testing procedures, adjust to advances in technology, and necessary in the interest of public safety.
Related statutes or rules
N/A
Plain language analysis
The proposed rule makes several modifications to ch.
NR 5
.
Sections 1-5
add definitions for coastal waters, personal flotation devices, visual distress signal to conform to federal requirements.
Sections 6-12
require each recreational vessel owner provide a unique identification number with the birth date to register a vessel for a certificate of number as required by federal regulations. These elements are part of an approved vessel numbering system necessary to maintain overall program approval and eligibility to receive federal financial assistance under the State Recreational Boating Safety Grant Program.
Sections 13-14
change the term "state of principal use" to "state of principal operation" as required by federal regulations. State of principal operation means the State in whose waters a vessel is or will be operated most during a calendar year.
Sections 15-19
require the state issuing authority verify that the owner of a vessel that is issued a state assigned hull identification number has permanently affixed the assigned hull identification number to the vessel in compliance with
33 CFR Part 181
, subpart C
Section 20
adds a requirement to label approved waterway markers with a department assigned number to allow law enforcement officers to determine the legality of markers that have been placed.
Sections 21-22
modify fire extinguisher requirements to match federal regulations.
Sections 23-27
correct noise level testing requirements to meet Society of Automotive Engineers recommended practices.
Sections 28-47
revise personal flotation device requirements to remove type requirements and replace with the terms wearable and throwable personal flotation devices as modified by federal regulations.
Sections 48-52
create requirements for visual distress signals and sound producing devices as required by federal regulations. U.S. Coast Guard conducted an on-site review of Wisconsin's State Recreational Boating Safety (RBS) Program. Onsite reviews are used to help determine a state's eligibility to receive funding made available under Title
46 U.S.C. Chapter 131
for the State RBS Program. A state's eligibility is determined by the content of its RBS Program and its conformance to applicable federal laws and regulations.
Based on the programmatic review of Wisconsin's State RBS program, two deficiencies were noted that require corrective action. The State laws and regulations do not include a provision for the carriage of visual distress signals (VDS) in waters where required under Title 33 Code of Federal Regulations (CFR), Part 175 Subpart C; and State laws and regulations do not include a provision for the carriage of a sound-producing device where required under the Navigation Rules; International-Inland. State law must require the carriage of the minimum federal equipment requirements in order to meet eligibility requirements as an adequate law enforcement program.
Section 53
prohibits vessel owners from displaying blue colored lights which may be confused with an authorized patrol or emergency vessel. Pleasure boaters with aftermarket blue LED lighting can easily be mistaken for Law Enforcement in the dark of night.
Section 54
requires vessel operators to operate at slow no wake speeds when approaching a patrol or emergency vessel that is displaying an emergency light and/or siren due to public safety and law enforcement officer safety concerns.
Summary of, and comparison with, existing or proposed federal statutes and regulations
A state's eligibility to receive federal financial assistance under the State Recreational Boating Safety (RBS) Grant Program is determined by the content of its RBS Program and its conformance to applicable federal laws and regulations.
State law must require the carriage of the minimum federal equipment requirements in order to meet eligibility requirements as an adequate law enforcement program.
These elements are part of an approved vessel numbering system necessary to maintain overall program approval and eligibility
Comparison with similar rules in adjacent states
Adjacent states have substantially the same rules as eligibility to receive federal financial assistance under the State Recreational Boating Safety (RBS) Grant Program is determined by the content of the state's RBS Program and its conformance to applicable federal laws and regulations.
Summary of factual data and analytical methodologies used and how any related findings support the regulatory approach chosen
Eligibility to receive federal financial assistance under the State Recreational Boating Safety (RBS) Grant Program is determined by the content of the state's RBS Program and its conformance to applicable federal laws and regulations.
Analysis and supporting documents used to determine the effect on small business or in preparation of an economic impact report
The department anticipates that the proposed rule will have no more than a minimal economic impact.
Effect on Small Business (Initial Regulatory Flexibility Analysis)
Environmental Analysis
The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch.
NR 150
, Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.
Fiscal Estimate Summary
The Department anticipates that the proposed rule will have no more than a minimal fiscal impact.
Contact Person
Penny Kanable
Department of Natural Resources
Bureau of Law Enforcement
101 S Webster Street
Madison, WI 53703
Phone:
608-228-9352
E-mail:
penny.kanable@wisconsin.gov
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
1. Type of Estimate and Analysis
|
X
Original
⍽
Updated
⍽
Corrected
|
2. Administrative Rule Chapter, Title and Number
|
NR 5-Boat Rules and Regulations
|
3. Subject
|
The intent of the rule revisions are to meet federal requirements, correct noise level testing procedures, improve officer safety and establish a numbering system for approved waterway markers.
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽
GPR
⍽
FED
⍽
PRO
⍽
PRS
⍽
SEG
⍽
SEG-S
|
|
6. Fiscal Effect of Implementing the Rule
|
X
No Fiscal Effect
⍽
Indeterminate
|
⍽
Increase Existing Revenues
⍽
Decrease Existing Revenues
|
⍽
Increase Costs
⍽
Could Absorb Within Agency's Budget
⍽
Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽
State's Economy
X
Local Government Units
|
X
Specific Businesses/Sectors
⍽
Public Utility Rate Payers
⍽
Small Businesses
(if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽
Yes
X
No
|
9. Policy Problem Addressed by the Rule
|
Revise Noise Level Testing Requirements — current language contained in NR 5.125 refers to testing methods J34a, J1970 or J2005. SAE only refers to J34 not J34a. NR 5 should reflect actual Test #/Title of that being J34. Updates to the J34 Monitoring Test reflect a correction factor to a 50' distance/regulation and in J1970 (4.2.1) specifically states: "The applicable reading does not require the measured boat to be at any specific distance from the shoreline or microphone". Officers should not be limited by a minimum distance requirement in code and should rely on each test procedure.
Add Slow No Wake within 100' of patrol boat displaying emergency lights – NR 5.33 contains requirements for Restricted Speed Zones. However there are no restrictions for vessel operators approaching a law enforcement boat displaying emergency lights. Due to public safety and law enforcement officer safety concerns, WDNR requests a variation of the "move over law" currently in place on highways.
Prohibits vessel owners from displaying blue colored lights which may be confused with an authorized patrol or emergency vessel. Pleasure boaters with aftermarket blue LED lighting can easily be mistaken for law enforcement in the dark of night.
Adds a requirement to label approved waterway markers with a department assigned number to allow law enforcement officers to determine the legality of markers that have been placed.
Remove sailboards from the personal flotation device requirements per s. 30.62 (3) (a).
|
Modifications to meet federal requirements include:
Add visual distress signals and sound producing device requirements based on a 2013 U.S. Coast Guard program review of Wisconsin's State Recreational Boating Safety program. The state laws and regulations do not include a provision for the carriage of visual distress signals (VDS) in waters where required under Title 33 Code of Federal Regulations (CFR), Part 175 Subpart C; and the carriage of a sound-producing device where required under the Navigation Rules; International-Inland. State law must require the carriage of the minimum federal equipment requirements in order to meet eligibility requirements as an adequate law enforcement program.
Revisions to application information for boat certificate or number and application for transfer to meet federal requirements. Changes to federal regulations require the collection of unique identification information for each vessel owner who applies for a certificate of number. States have until January 1, 2017 to implement this change.
Require the state issuing authority verify that the owner of a vessel that is issued a state assigned hull identification number has permanently affixed the assigned hull identification number to the vessel in compliance with 33 CFR Part 181, subpart C. Vessel owners will be required to verify that a valid primary vessel HIN has been affixed to the vessel for which a certificate of number is issued, renewed, or upon the transfer of a vessel's ownership. Per the federal regulations, States may use methods of its choosing to verify that each vessel's owner has affixed a valid primary HIN. WDNR would propose to require the vessel owner to complete a statement on the application form or renewal form. States have until January 1, 2017 to implement this change.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
To be completed after public comments are received.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
To be completed after public comments are received.
|
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
The department anticipates that the proposed rule will have no more than a minimal economic impact. A final analysis will be completed after public comments are received.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
This rule will protect Wisconsin's law enforcement officers while they patrol the waters of the state and ensure Wisconsin's Recreational Boating Safety program conforms to federal requirements, which will enable the department to continue receiving federal funds.
|
14. Long Range Implications of Implementing the Rule
|
Same as above.
|
15. Compare With Approaches Being Used by Federal Government
|
Modifications conform to applicable federal laws and regulations.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota
)
|
Adjacent states have substantially the same rules as eligibility to receive federal financial assistance under the State Recreational Boating Safety (RBS) Grant Program is determined by the content of the state's RBS Program and its conformance to applicable federal laws and regulations.
|
17. Contact Name
|
18. Contact Phone Number
|
Roy Zellmer
|
608/212-5385
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearings
Natural Resources
(DNR # ER-31-13(E))
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
227.16
and
227.17
, Stats., the Department of Natural Resources, hereinafter the Department, will hold a public hearing on the date and at the time and location listed below on Board Order ER-31-13(E) affecting Chapters
NR 10
,
16
,
19
,
21
, and
22
, Wis. Adm. Code., relating to the addition of the Blanding's turtle to the State's Protected Wild Animal list, possession exemptions, and turtle seasons and limits. This emergency board order was adopted by the Natural Resources Board on May 28, 2014, and by the Office of the Governor on June 25, 2014, and was published and became effective on July 13, 2014. The corresponding permanent rule order ER-30-13 was adopted by the Natural Resources Board on May 28, 2014 and approved by the Governor on June 25, 2014, and is awaiting submittal to the appropriate Legislative committees.
Hearing Information
Date:
Wednesday, August 27, 2014
Time:
10:00 a.m.
Location:
Wisconsin Natural Resources Building
Room 613
101 S. Webster St.
Madison, WI 53707
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Terrell Hyde, Department of Natural Resources, Bureau of Natural Heritage Conservation, 101 S. Webster St, Madison, WI, 53707-7921; by E-mail to
Terrell.hyde@wisconsin.gov
or by calling (608) 264-9255. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Availability of the
p
roposed
r
ules and
f
iscal
e
stimate
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the
Administrative Rules System Web site which can be accessed through the link
https://health.wisconsin.gov/admrules/public/Home
. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Terrell Hyde, Department of Natural Resources, Bureau of Natural Heritage Conservation, 101 S. Webster St, Madison, WI, 53707-7921, or by calling 608-264-9255.
Submitting Comments
Comments on the proposed rule must be received on or before
August 27, 2014
. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:
Terrell Hyde
Department of Natural Resources
Bureau of Natural Heritage Conservation
101 S Webster St, Madison, WI 53707-7921
Phone:
608-264-9255
Fax:
608-266-2925
Analysis Prepared by the Department of Natural Resources
Statutory authority, statutes interpreted and explanation
Statutes that authorize the promulgation of these rules are: ss.
29.011
,
29.014
,
29.039
, and
29.604
, Stats. These statutes establish management authority with the department, provide that the title to wild animals is vested with the state, and provide the department with authority to maintain open and closed seasons and other regulations and programs to conserve game and nongame species. Section
29.604 (3) (b)
, Wis. Stats., has been interpreted as allowing the department the authority to create and amend the list of Wisconsin's endangered and threatened species, s.
NR 27.03
, Wis. Admin. Code. All rules promulgated under this authority are subject to review under ch.
227
, Stats.
Related statutes or rules
The department is also promulgating a corresponding permanent rule [ER-30-13], which was adopted by the Natural Resources Board on May 28, 2014 and approved by the Governor on June 25, 2014. The emergency and permanent rules both contemplate the following changes: add Blanding's turtle to the list of Wild Protected Animals (s.
NR 10.02
); add Blanding's turtles to the Captive Wildlife — Reptile and Amphibian Possession Exemptions [s.
NR 16.12 (3) (b)
]; and add Blanding's turtles to the turtle season/limits with a season/limit of none/zero on ss.
NR 19.275 (4)
,
21.13 (4)
, and
22.13 (4)
.
Plain language analysis
The objective of this proposed rule is to protect Blanding's turtles from the threat of harvest and collection once they are removed from the Wisconsin Threatened species list. The Blanding's turtle was delisted on January 1, 2014 per administrative rule ER-27-11. This emergency and permanent rule is a follow-up action that was proposed during the public comment for ER-27-11. As stated by the Department in the final adopted rule order for ER-27-11, that while the Blanding's turtle no longer meets the scientific criteria for listing as Threatened, the population is vulnerable to harvest and collection and should be added to the Protected Wild Animal list (s.
NR 10.02
) and harvest/collection limits.
SECTIONS 1-5 add the Blanding's turtle to the list of Wild Protected Animals, Captive Wildlife Exemptions, and to the turtle season's and limits in Wisconsin's waters to protect them from harvest and collection.
Summary of, and comparison with, existing or proposed federal statutes and regulations
There are no federal regulations that would be in conflict with this proposed action. Blanding's turtles are not federally listed. The Blanding's turtle was included in appendix II of the Convention on International Trade in Endangered Species on December 6, 2013:
http://www.cites.org/eng/app/appendices.php
.
Comparison with similar rules in adjacent states
There are similar possession laws in adjacent other states. The Blanding's turtle is state listed in Illinois (End), Iowa (Thr), and Minnesota (Thr). In Michigan, Blanding's turtles are Special Concern and cannot be taken or possessed except as authorized by the Director of the Department of Natural Resources.
Summary of factual data and analytical methodologies used and how any related findings support the regulatory approach chosen
Since 1979, when the Blanding's turtle was added to the threatened list, there has not been a pet or food trade industry for this species in the state. However, as a result of delisting, the Blanding's turtle is subject to turtle harvest regulations as all turtles not listed as threatened or endangered in ch.
NR 27
or otherwise specified have a 135-day open season between July 15 and November 30 where the public may capture and possess up to 5 individuals.
Internationally there is concern for this species because of the increasing trend in the pet trade and commercial collecting. Regionally the Blanding's turtle is state protected in Illinois, Iowa, and Minnesota. In Michigan, Blanding's turtles cannot be taken or possessed except as authorized by the Director of the Department of Natural Resources.
While the Blanding's turtle was removed from Wisconsin's Threatened species list because it no longer meets the scientific criteria for such listing, the population remains vulnerable to harvest and collection and should be added to the Protected Wild Animal list (s.
NR 10.02
) and harvest/collection limits.
These proposed rule changes were developed with the assistance of the Bureaus of Natural Heritage Conservation, Fisheries Management, Wildlife Management, and Legal Services.
Analysis and Supporting documents used to determine the effect on small business or in preparation of an economic impact report
Pursuant to s.
227.137
, Wis. Stats., the department is required to solicit comments on the economic impact of the proposed rule. Small businesses, as defined in s.
227.114 (1)
, Wis. Stats., were be asked to identify themselves as a small business in their comments. No comments were received in the 2-week comment period between January 22 and February 5, 2014.
The department anticipates minimal economic impact, with few entities affected as collection and possession limits will not change. Interested parties may include individuals using turtles as bait or food, and parties interested in developing a pet/food trade for the Blanding's turtle in Wisconsin.
Effect on Small Business
Pursuant to s.
227.137
, Wis. Stats., the department is required to solicit comments on the economic impact of proposed rule. Small businesses, as defined in s.
227.114 (1)
, Wis. Stats., were asked to identify themselves as a small business in their comments. No economic comments were received in the 2-week EIA comment period held between January 22 and February 5, 2014. The Department's email distribution list will be submitted to the Governor's Office of Regulatory Compliance. The EIA does not indicate that the proposed rule is reasonably expected to have a total impact of $20,000,000 in implementation and compliance costs. The Small Business Regulatory Coordinator may be contacted at
SmallBusiness@dnr.state.wi.us
, or by calling (608) 266-1959.
Environmental Analysis
This is a Type III action. A strategic analysis under the current s.
NR 150.10 (1m)
, Wis. Adm. Code, is not required for Board Order ER-30-13 because the proposed rules do not involve unresolved conflicts concerning alternative uses of available resources. The Department has determined the rulemaking process for Board Order ER-30-13 constitutes an equivalent analysis action, under current s.
NR 150.20 (2) (b)
, Wis. Adm. Code. The Department has complied with WEPA, pursuant to both the former ch.
150
and the current ch.
NR 150
, Wis. Adm. Code, for Board Order ER-30-13.
Fiscal Estimate Summary
The Department anticipates minimal economic impact as the proposed rule changes will continue similar possession and collection limits that the Blanding's turtle received under the protections afforded to the species on Wisconsin's Threatened species list. The Blanding's turtle was added to the Threatened species list in 1979. As such, there has not been a market for its collection and possession since then. No changes to the permitting process for researchers and rehabilitators are expected as part of this proposed rule change. Researchers will continue to need to apply for a Scientific Collectors Permit or Research License Authorization to collect or possess a Blanding's turtle instead of an Endangered and Threatened Species Permit. The effect of this proposed rule will be minimal with few entities affected as collection and possession limits will not change. Interested parties may include individuals using turtles as bait or food, and parties interested in developing a Blanding's turtle pet/food trade in the state. These proposed rules do not establish any requirements on businesses or local units of government.
Contact Person
Terrell Hyde
Department of Natural Resources
Bureau of Natural Heritage Conservation
Phone:
608-264-9255
Notice of Hearings
Safety and Professional Services —
Psychology Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Psychology Examining Board in ss.
15.08 (5) (b)
and
455.065 (1)
and
(3)
, Wis. Stats., and interpreting ss.
455.06
and
455.065
, Wis. Stats., the Psychology Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal section
Psy 4.02
, renumber and amend section
Psy 4.03
, amend Chapter
Psy 4
(title), and create sections
Psy 4.015
,
4.025
,
4.035
,
4.04
, and
4.05
, relating to psychology continuing education.
This is a second hearing on
Clearinghouse Rule 13-103
. This Notice of Public Hearing reflects modifications the Psychology Examining Board has made to the proposed rulemaking order since the first hearing which was held on January 15, 2014.
Hearing Information
Date:
Wednesday, August 27, 2014
Time:
9:30 a.m.
Location:
1400 East Washington Avenue
Room 121A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8935, or by email to
SharonHenes@wisconsin.gov
. Comments must be received (at or before the public hearing to be held on
August 27, 2014
) to be included in the record of rule-making proceedings.
Copies of Rule
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
The examining board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular profession.
Specifically, the board shall promulgate rules establishing the minimum number of hours of continuing education, the topic areas that the continuing education must cover, the criteria for the approval of continuing education programs and courses required for renewal of a license, the criteria for the approval of the sponsors and cosponsors of those continuing education programs and courses, and the criteria for the approval of continuing education programs and courses required for the exemptions from the examination requirements under s.
455.04 (1) (e)
and
(4) (f)
, Stats.
Related statute or rule
Plain language analysis
The rule reorganizes and clarifies the continuing education requirements for psychologists.
S
ection
1 inserts the words "continuing education" into the title in order to provide an easy reference for licensees.
S
ection
2 creates a definition section.
S
ection
3 repeals the current continuing education requirements in order to reorganize and create clarity.
S
ection
4 This section is created to include the general continuing education requirements.
S
ection
5 moves the current s.
Psy 4.03
section to the end of the chapter. In addition, the section is amended to specify the number of continuing education hours which must be completed to renew a license which expired less than five years before the application for renewal.
S
ection
6 creates three new sections. The first section specifies approved continuing education. A psychologist may obtain continuing education as follows: completing courses from an organization approved by the American Psychological Association, National Association of School Psychologists or Canadian Psychological Association, courses sponsored by Wisconsin Psychological Association or Wisconsin School Psychologists Association, category I courses approved by the American Medical Association or the American Osteopathic Association, or courses approved in another state in which the licensee holder also holds a license or graduate level courses from an accredited college or university; teaching and presenting programs or courses; serving on a professional board or committee; authorship of a book, book chapter or article in peer reviewed journal; completing board certification; completion of a master's or doctoral degree in psychopharmacology; providing supervision to trainees; and evaluation of community outpatient mental health programs. The second section provides postponement, waiver and exemptions to the continuing education requirements based upon hardship or retirement. The third section specifies records of continuing education must be kept for a minimum period of six years. In addition, the third section revises the current requirement for a mandatory audit of compliance with the continuing education requirements to instead allow a general audit to be conducted in the board's discretion.
S
ection
7 states an effective date of October 1, 2015 which is the start of the next biennium.
Summary of, and comparison with, existing or proposed federal regulation
None
Comparison with rules in adjacent states
Illinois:
Illinois requires each biennial 24 hours of continuing education and of those 24 hours at least 3 hours must be related to the ethics. Continuing education may be earned by participating in a course or program by an approved continuing education sponsor; completing postgraduate training programs; and for teaching in the field of psychology in an accredited college, university, graduate school or as an instructor of a program by approved sponsors. Postgraduate course and teaching courses have maximums as to the number to be counted towards the required 24 hours. Continuing education records are to be maintained for the previous 8 years. Illinois has provisions for waivers of continuing education for hardship.
Iowa:
Iowa requires 40 hours of continuing education each biennium. For the second renewal period, licensees' continuing education must include 6 hours in either Iowa mental health laws and regulations or risk management. For all subsequent renewals, licensees' continuing education must include 6 hours in any of the following: ethics, federal mental health laws, Iowa mental health laws or risk management. Board members may obtain continuing education hours based upon attendance and participation at board meetings. Continuing education may be earned as follows: mandatory reporter training; programs sponsored by the American Psychological Association or Iowa Psychological Association; approved workshops, conferences or symposiums; academic coursework; home study or electronically transmitted courses; scholarly research published in recognized professional publication; and preparing and teaching courses or programs. Iowa does not have provisions on hardship waivers.
Michigan:
Michigan does not require continuing education for psychologists.
Minnesota:
Minnesota requires 40 hours of continuing education each biennium. Continuing education may be earned as follows: developing and teaching an academic course; attending courses or presentations based on scientific, practice or professional standards foundations; graduate level courses in psychology; developing presentation, or taped or computerized materials based on scientific, practice or professional standards foundations; and authoring, editing or reviewing a psychological publication. Continuing education records must be maintained for 8 years after the renewal date. Variances may be granted for completion of continuing education outside the biennium. The board randomly audits a percentage of renewing licensees each month for compliance with continuing education.
Summary of factual data and analytical methodologies
The Board considered the Association of State and Provincial Psychology Board's recommendations for continuing education and the continuing education requirements of other states. In addition, the Board reviewed recent audit results to determine what issues required clarification for the credential holders.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
This rule was posted for 14 days for economic comments and none were received. The Board determines that the modification of existing rules to clarify continuing education requirements, which does not increase the requirement, does not create an effect on small business nor have an economic impact.
Initial Regulatory Flexibility Analysis or Summary
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats. The Department's Regulatory Review Coordinator may be contacted by email at
Tom.Engels@wisconsin.gov
, or by calling (608) 266-8608.
Agency Contact Person
Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-2377; email at
Sharon.Henes@wisconsin.gov
.
