Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in this edition of the Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
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Agriculture, Trade and Consumer Protection
(ATCP # 9-R-13)
Revises Chapter ATCP 30 Appendix A, relating to pesticide product restrictions. Effective 5-1-11.
Summary of Final Regulatory Flexibility Analysis
Atrazine is a widely used agricultural herbicide that has been found in groundwater throughout the state. Current DATCP rules under ch. ATCP 30, Wis. Adm. Code, limit atrazine application rates throughout the state to ½ the current federal label rate. The current rules also prohibit the use of atrazine where atrazine contamination of groundwater has attained or exceeded the state groundwater enforcement standard under ch. NR 140, Wis. Adm. Code. Current rules prohibit atrazine use in 101 designated areas, including major prohibition areas in the lower Wisconsin River Valley and much of Dane and Columbia counties.
Based on new groundwater sampling data, this rule expands and joins 2 current atrazine prohibition areas in Columbia County, and creates a new atrazine prohibition area in Sauk County adjacent to the Lower Wisconsin River Valley PA. These changes will increase the total statewide acreage of atrazine prohibition areas by approximately 8,640 acres. By joining 2 prohibition areas and adding one new prohibition area, this number of atrazine prohibition areas will remain at 101. This rule includes maps describing the revised prohibition areas.
The changes to ch. ATCP 30, Wis. Adm. Code, will affect small businesses, as defined by s. 227.114 (1)(a), Stats., in Wisconsin. The greatest small business impact of the changes will be on farmers, in the expanded prohibition areas, who currently use atrazine to control weeds in corn. Between 20 and 25 farmers will be affected, depending on their corn acreage and their reliance on atrazine products. Those farmers will no longer be able to use atrazine; however other effective weed control products are available.
While alternative weed control techniques are available, adoption of these techniques on individual farms will in some cases require some assistance. In the past, this type of assistance has been provided by University of Wisconsin Extension personnel and farm chemical dealers. Also, many farmers have been using crop consultants to scout fields, identify specific pest problems and recommend control measures. The department anticipates that these three groups will continue to be the primary sources of information about areas where atrazine cannot be used and the best alternatives for each situation.
Summary of Comments by Legislative Review Committees
On December 20, 2010, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Agriculture, Forestry and Higher Education on January 6, 2011 and to the Assembly Committee on Agriculture on January 18, 2011. The Senate Committee on Agriculture, Forestry and Higher Education did not hold a hearing and took no action. The Assembly Committee on Agriculture held a hearing on February 10, 2011, but took no subsequent action. The legislative review period expired March 19, 2011.
Controlled Substances Board
Creates section CSB 2.35, relating to the scheduling of a schedule II controlled substance, lisdexamfetamine under Ch. 961, Stats., of the Uniform Controlled Substances Act. Effective 5-1-11.
Summary of Final Regulatory Flexibility Analysis
An order of the Controlled Substances Board to create CSB 2.35, relating to the scheduling of a schedule II controlled substance, lisdexamfetamine under ch. 961, Stats., of the Uniform Controlled Substances Act.
Summary of Comments by Legislative Review Committees
No comments were reported.
Regulation and Licensing
Revises Chapters RL 110 to 116, relating to the regulation of professional boxing contests. Effective 5-1-11.
Summary of Final Regulatory Flexibility Analysis
These proposed rules were reviewed by the department's Small Business Review Advisory Committee to determine if the rules will have a significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1), Stats. The rules may have some impact as described above in the “Analysis and supporting documents used to determine the effect on small business" section.
Summary of Comments by Legislative Review Committees
No comments were reported.
Regulation and Licensing
Revises Chapters RL 192 to 196, relating to the regulation of mixed martial arts sporting events. Effective 5-1-11.
Summary of Final Regulatory Flexibility Analysis
These proposed rules were reviewed by the department's Small Business Review Advisory Committee to determine if the rules will have a significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1), Stats. The rule may have some impact as described above in the “Analysis and supporting documents used to determine effect on small business" section.
Summary of Comments by Legislative Review Committees
No comments were reported.
Public Defender Board
Revises Chapter PD 3, relating to determining, collecting and processing the payments received from persons as payment for legal representation. Effective 6-19-11.
Summary of Final Regulatory Flexibility Analysis
None.
Summary of Comments by Legislative Review Committees
No comments were reported.
Public Defender Board
Revises Chapter PD 6, relating to determining, collecting and processing the payments received from persons as payment for legal representation. Effective 6-19-11.
Summary of Final Regulatory Flexibility Analysis
None.
Summary of Comments by Legislative Review Committees
No comments were reported.
Technical College System Board
Revises section TCS 17.06, relating to training program grants. Effective 5-1-11.
Summary of Final Regulatory Flexibility Analysis
Positive effect — without the 25% match requirement, small businesses may be better able to take advantage of the training or education funding opportunities provided by this grant. Small businesses may access training or education through the training program grants, but there is no mandated participation in the program.
Summary of Comments by Legislative Review Committees
No comments were reported.
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