Register

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Wisconsin

Administrative

Register

No. 512

Publication Date: August 14, 1998

Effective Date: August 15, 1998

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

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[phone] ○ Fax [phone]

Bruce Munson

Revisor of Statutes

[e-mail]

Gary L. Poulson

Deputy Revisor of Statutes

Assistant Revisor-Administrative Code

[e-mail]

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T a b l e o f C o n t e n t s

Emergency Rules Now In Effect.	Pages 5 to 17.
Agriculture, Trade and Consumer Protection:	Rules relating to the sales and use of pesticides containing clomazone. Rules relating to fish farms and imports of live fish and fish eggs. Rules relating to retail food establishment license exemption for restaurant permit holders.
Commerce:	Petroleum Environmental Cleanup Fund, Ch. ILHR 47 Rules relating to the Petroleum Environmental Cleanup Fund.
Commerce:	Building and Heating, etc., Chs. 50-64 Multifamily Dwellings, Ch. 66 Rules relating to the commercial building and multi-family codes. Building and Heating, etc., Chs. 50-64 Rule relating to exemption from accessibility laws for specific multifamily dwellings with separate exterior entrances.
Commerce:	Rental Unit Energy Efficiency, Ch. Comm 67 Rules relating to rental unit energy efficiency.
Commerce:	Barrier Free Design, Ch. Comm 69 Rule relating to vertical access to press box facilities.
Corrections:	Rule relating to custody and detention of felony probationers and parolees.
Financial Institutions:	Securities Rule relating to federal covered securities and advisors.
Health & Family Services:	Health, Chs. HSS/HFS 110-- Rules relating to restaurants. Rules relating to subsidized health insurance for persons with HIV. Rules relating to permit and related fees for regulated entities. Rules relating to the Health Insurance Risk-Sharing Plan (HIRSP).
Insurance:	Rules relating to the Wisconsin Insurance Program (WIP). Rules relating to annual patients compensation fund and mediation fund fees.
Natural Resources:	Fish, Game, etc., Chs. NR 1- Rules relating to reservations for state parks, forests and other lands. Rule relating to bag limits for walleye. Rules relating to deer hunting in Unit 67A. Rules relating to sport fishing for yellow perch in Sauk creek. Rules relating to wildlife damage abatement and claims program.
Natural Resources:	Environmental Protection-Water Regulation, Chs. NR 300- Rules relating to fees for waterway and wetland permit decisions.
Natural Resources:	Environmental Protection--Air Pollution Control, Chs. NR 400-- Rule relating to emission limitations for motor vehicles.
Public Service Commission:	Rules relating to the provision of universal telecommunications service and administration of the universal service fund and establishing the Education Telecommunication Access Program. Rules adopted amending s. PSC 4.30, relating to draft environmental impact statements. [FIRST APPEARANCE]
Technical College System:	Rules relating to Faculty Development Grants.
Workforce Development:	Economic Support, Chs. DWD 11 to 59 Rules relating to Learnfare.
Workforce Development:	Prevailing Wage Rates, Chs. DWD 290-294 Rules relating to prevailing wage rates for state and local public works projects.
Scope Statements.	Pages 18 to 21.
Chiropractic Examining Board:	S. Chir 4.05 (2) (f), (g) & (h) - Relating to prohibited techniques, procedures, practice systems, analyses, methods or protocols that are unsafe, ineffective, or outside the scope of the practice of chiropractic.
Health & Family Services:	Ch. HFS 120 - Relating to the Office of Health Care Information.
Natural Resources:	Ch. NR 23 - Relating to authorization to draft a rule and conduct a public hearing to add a small area of the Bay of Green Bay to the definition of the Wisconsin-Michigan Boundary waters.
Natural Resources:	Ch. NR 47 - Relating to revisions dealing with forestry grants and state aid administration.
Natural Resources:	Chs. NR 108, 110, 113, 116, 200 & 206 - Relating to modifications to existing administrative codes addressing DNR's regulation of large-scale soil absorption systems.
Public Instruction:	PI Code - Relating to establishing application requirements and criteria for awarding grants under the peer review and mentoring program.
Transportation:	Ch. Trans 300 - Relating to school bus equipment standards.
Workforce Development:	Ch. DWD 43 - Relating to child support enforcement.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Page 22.
Commerce:	Chs. Comm/ILHR 50-64 - Relating to the adopted NFPA Standards in the Building Code.
Commerce:	Ch. Comm 69 - Relating to the exemption of elevator access in certain government-owned or operated buildings.
Regulation & Licensing:	RL Code - Relating to the issuance and use of administrative warnings.
Transportation:	Ch. Trans 157 - Relating to the titling of vehicles held by trusts.
Transportation:	Chs. Trans 325, 326 & 328 - Relating to motor carrier safety regulations, motor carrier safety requirements for transportation of hazardous materials, and motor carrier safety requirements for intrastate transportation of hazardous materials.
Notices of Hearings or of Proposed Rules.	Pages 23 to 29.
Agriculture, Trade & Consumer Protection:	Hearings to consider revision to chs. ATCP 102 and 105, relating to sales below cost and s. 100.30, Stats., “The Unfair Sales Act”.
Commerce:	Building, etc, Chs. 50-64 Hearing to consider certain NFPA standards.
Commerce:	Barrier-Free Design, Ch. Comm 69 Hearing to consider creation of s. Comm 69.18 (2) (a) 2.c., relating to exemption of elevator accessing certain government-owned or operated buildings.
Financial Institutions:	Securities Hearing to consider revision to chs. DFI-Sec 1 to 9, relating to federal covered securities, adviser and investment adviser representatives.
Transportation:	Proposed revision to ch. Trans 157, relating to replacing references to “affidavit” with the term “application” and repealing the provision requiring that the signatures of trustees be notarized or witnessed by a Department employe.
Transportation:	Proposed revision to chs. Trans 325 to 238, relating to motor carrier safety regulations.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 30.
Agriculture, Trade & Consumer Protection:	(CR 98-1) - Ch. ATCP 134
Controlled Substances Board:	(CR 98-54) - S. CSB 2.24
Corrections:	(CR 98-70) - S. DOC 328.22 (5)
Public Defender:	(CR 98-89) - S. PD 3.02 (1)
Revenue:	(CR 97-97) - Ch. Tax 19
Technical College System Board:	(CR 98-59) - Ch. TCS 15
Transportation:	(CR 98-82) - Ch. Trans 132
Workforce Development:	(CR 98-88) - S. DWD 80.60
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 31.
Corrections:	(CR 97-79) - Ch. DOC 309
Health & Family Services:	(CR 98-35) - Chs. HFS 172, 175, 178, 195-198
Natural Resources:	(CR 98-18) - Chs. NR 500, 502, 504, 507, 509, 512, 514,         520, 620 & 680
Natural Resources:	(CR 98-21) - Ch. NR 487
Natural Resources:	(CR 98-22) - Chs. NR 10, 11, 15, 19 & 27
Natural Resources:	(CR 98-24) - Chs. NR 10, 11 & 15
Workforce Development:	(CR 98-32) - Chs. DWD 290 & 292

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E m e r g e n c y R u l e s N o w I n E f f e c t

Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.

Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.

Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.

Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.

EMERGENCY RULES NOW IN EFFECT (3)

Agriculture, Trade & Consumer Protection

1.   Rules adopted creating Ch. ATCP 36, relating to the sale and use of pesticides containing the active ingredient clomazone.

Finding of Emergency

(1) Pesticides containing the active ingredient clomazone are used at spring planting on soybeans, tobacco, peppers, pumpkins, peas, cabbage and cucumbers. Clomazone is an effective herbicide which inhibits the formation of chlorophyll in target weeds.

(2) Clomazone is volatile. Off-target movement from clomazone applications can affect non-target plants located hundreds of feet from the application site. Off-target movement from clomazone applications can damage non-target plants by inhibiting the formation of chlorophyll in those plants.

(3) Off-target movement has occurred in many clomazone applications to date. Non-target plants exposed to off-target movement from clomazone applications turn yellow or white. Damage from 1997 clomazone applications was apparently more severe and long lasting than in prior years. In 1997, the department received 49 complaints of off-target movement to non-target plants. These complaints comprised 20% of all pesticide complaints received by the department in 1997. Department field staff report that these complaints represented only a fraction of the total number of clomazone off-target movement incidents that occurred. Off-target movement incidents have caused widespread public anger and concern, and have impaired public confidence in pesticide applications.