NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Controlled Substances Board in ss.
961.11 (1),
961.16 and
961.19, Stats., and interpreting s.
961.14 (5) (ag), Stats., the Controlled Substances Board will hold a public hearing at the time and place indicated below to consider an order to create s.
CSB 2.27, relating to the scheduling of certain drugs under ch.
961, Stats., the Uniform Controlled Substances Act.
Hearing Date, Time and Location
Date: February 6, 2002
Time: 9:15 a.m.
Location: 1400 East Washington Avenue
179A
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 Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 13, 2002, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Gamma-butyrolactone (GBL) is currently classified under state law as a schedule I drug, s.
961.14 (5) (ag), Stats. This chemical is only classified by DEA as a list one chemical. GBL is legitimately used for industrial, scientific research, food industry uses and other uses. GBL is currently classified as a schedule I controlled substance under state law, but is classified by the Drug Enforcement Administration (DEA)
as a list one chemical. Legitimate uses for gamma-butyrolactone exist for industrial, scientific research, food industry uses and other uses. The Controlled Substances Board has received information that currently the federal Environmental Protection Agency (EPA) has approved the use of GBL as an industrial solvent. The objective of the rule is to delete the schedule I listing of GBL which will obviate the need for obtaining a special use authorization under s.
961.335, Stats.
Drugs that are classified as “controlled substances" under federal and state laws are subject to higher civil and criminal penalties for their illicit possession, distribution and use. Currently, persons having otherwise legitimate possession of GBL for legitimate uses are at risk of prosecution under the Wisconsin Controlled Substances Act in Chapter
961, Wis. Stats. Distributors of GBL located outside of this state and end users located within this state do not currently have the benefit of a limited industrial use exemption for the possession and use of GBL. With the delisting of GBL, the illicit use of GBL would still be prohibited since it is a violation of federal law as GBL is classified as a list one chemical. However, the mere possession and legitimate use of GBL in the state will no longer be a violation of the Uniform Controlled Substance Act.
Text of Rule
SECTION 1. CSB 2.27 is created to read:
CSB 2.27 Deletion of gamma-butyrolactone from schedule I. Section
961.14 (5) (ag), Stats., is amended to read:
Section
961.14 (5) (ag) Gamma-hydroxybutyric acid (commonly known as gamma hydroxybutyrate or “GHB") and gamma-butyrolactone.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Natural Resources
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.039 (2),
29.319 and
227.11 (2), Stats., interpreting ss.
23.09,
23.11,
29.011,
29.014 and
29.041, Stats., the Department of Natural Resources will hold a public hearing on revisions to ch.
NR 18, Wis. Adm. Code, relating to falconry. Currently there is no permit fee for resident and nonresidents engaging in the sport of falconry, except that nonresidents must obtain a valid small game or general hunting license when hunting with a raptor. Section
29.319, Stats., now provides statutory authority to the department to establish a permit fee by rule. The proposed rule establishes a fee of $75 for a 3-year permit for residents and an annual fee of $100 for nonresidents engaging in the sport of falconry, clarifies definitions and modifies restrictions on the types of raptors used for educational purposes.
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.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Tuesday, December 11, 2001 at 6:30 p.m.
Lowell Center
610 Langdon Street, Madison
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Sumner Matteson at (608) 266-1571 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal estimate
Based on an estimated 110 resident falconers and an estimated 5 nonresident falconers annually, the annual revenue from the new permit system is expected to amount to $3,250, which will be deposited into the Fish and Wildlife account of the conservation fund. Since a permit system is currently in place for resident and nonresident falconers, there is no major workload increase anticipated that is associated with processing applications.
Written comments on the proposed rule may be submitted to Mr. Sumner Matteson, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707 no later than December 21, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [ER-32-01] and fiscal estimate may be obtained from Mr. Matteson.
Notice of Hearings
Natural Resources
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.733 (2) (f) and
227.11 (2) (a), Stats., interpreting s.
29.733, Stats., the Department of Natural Resources will hold public hearings on revisions to subch.
II of ch. NR 16, Wis. Adm. Code, relating to fish farms. The proposed rule will:
1. Modify the definition of “natural body of water" to reflect existing water law regulation of “private" ponds and to expand the types of private ponds that are exempt from regulation.
2. Add an exemption for department permitted wetland ponds to the definition of natural body of water consistent with the exemption of waterways considered private under chs.
30 and
31, Stats.
3. Clarify the criteria the department will use to assess permit renewals after the 10-year permit expires.
4. Make minor housekeeping changes including updating permit application deadlines, clarifying statutory enforcement provisions and how multiple waterways on a contiguous parcel of property are permitted, and adding a definition for “department hatching and rearing facilities".
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: Fish farms
b. Description of reporting and bookkeeping procedures required: No new procedures
c. Description of professional skills required: No new skills
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, December 18, 2001 @ 6:00 p.m.
Conference Rooms 1 & 2
DNR South Central Region Headquarters
Fish Hatchery Road, Fitchburg
Thursday, December 20, 2001 @ 6:00 p.m.
LMC Room, John Muir Middle School
1400 W. Stewart Ave., Wausau
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Steve Hewett at (608) 267-7501 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal estimate
The minor revisions to the rule will not significantly affect the number of permits, workload, or fees associated with the permitting of natural bodies of waterused as fish farms.
Written comments on the proposed rule may be submitted to Mr. Steve Hewett, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than December 21, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-16-01] and fiscal estimate may be obtained from Mr. Hewett.
Notice of Hearing
Natural Resources
NOTICE IS HEREBY GIVEN that pursuant to s.
227.11 (2) (a), Stats., interpreting ss.
292.11 and
292.31 and ch.
160, Stats., the Department of Natural Resources will hold a public hearing on revisions to chs.
NR 700,
714,
722,
726 and
749, Wis. Adm. Code, relating to deed restrictions on contaminated lands and soil GIS registry. The rule changes proposed to ch.
NR 726 are needed to clarify the criteria and process for applying deed restrictions and deed notices to contaminated properties where residual soil contamination remains after case closure. The rule changes authorize the creation of a soil geographic information system (GIS) registry that will be available on the Internet to replace the use of most soil deed notices. The rule changes in ch.
NR 749 establish a fee of $200 to enable the Department to recover its costs in managing the GIS Registry. The fee will be charged at the time closure is requested. The soil GIS registry will be analogous to the groundwater GIS registry which will be available on the Internet. Sites closed with residual soil contamination will be placed on the soil GIS registry as a means of notifying future owners/users of the property of the existence of soil contamination.
Because the GIS registry will provide public access to information about residual contamination at properties, this rule repeals s.
NR 714.07(5) which previously required responsible parties to publish a legal notice in a local newspaper when they proposed a performance standard to address residual soil contamination. The rule specifies when deed restrictions are to be placed on properties with soil contamination remaining after site closure. The new rules will help ensure consistent application of deed restrictions by staff at the Department of Natural Resources and the Department of Commerce. The rule change will allow the owners of contaminated properties and other responsible parties to anticipate what restrictions on land use are likely to be required as a condition of case closure by clearly establishing the type of institutional controls that will be required by the agencies at the time of closure in various fact situations.
Other related changes to ch.
NR 700 and
726 are included to define the term “industrial land use", to specify the contents of the required deed instruments and to make the rules that were recently adopted to implement a groundwater GIS registry consistent with these new soil GIS registry rules.
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.
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, January 16, 2002 @ 10:00 a.m.
Video conference participation will be available at:
•Room 021, GEF 2 Bldg, 101 South Webster St., Madison
•Room 139, State Office Bldg, 718 W. Clairemont Ave.,
Eau Claire
•Room 618, State Office Bldg, 200 N. Jefferson St., Green Bay
•Room 542, State Office Bldg, 819 N. 6th Street, Milwaukee
•Room 3, DNR Regional Headquarters, 107 Sutliff Avenue, Rhinelander
•Lower Level Conf. Room, DNR Regional Hdqrs., 810 W. Maple St., Spooner
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dale Ziege at (608) 267-7533 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal estimate
The rule package proposes a change in the ch.
NR 749 fee schedule to enable the department to recover costs in maintaining the soild GIS registry. The fee is $200 per site added to the registry. It is estimated that 500 sites per year will be closed with residual soil contamination and will therefore be required to participate in the soil GIS registry.
Written comments on the proposed rule may be submitted to Mr. Dale Ziege, Bureau of Remediation and Redevelopment, P.O. Box 7921, Madison, WI 53707 no later than February 1, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [RR-9-01] and fiscal estimate may be obtained from Mr. Ziege.
Notice of Hearing
