Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the March 31, 2009, 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
Revises the Appendix to Chapter ATCP 30, relating to pesticide product restrictions. Effective 4-1-09.
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 102 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. The expansion will increase the total statewide acreage of atrazine prohibition areas by approximately 1,830 acres. By joining 2 prohibition areas, this rule will reduce the total number of prohibition areas from 102 to 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 will be on farmers, in the expanded prohibition areas, who currently use atrazine to control weeds in corn. Between 4 and 5 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. DATCP 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 January 5, 2009, DATCP transmitted the rule for legislative review. The rule was assigned to the Senate Committee on Agriculture and Higher Education and to the Assembly Committee on Agriculture. The Senate Committee on Agriculture and Higher Education did not hold a hearing and took no action. The Assembly Committee on Agriculture did not hold a hearing and took no action. The legislative review period expired on February 19, 2009.
Commerce
Revises Chapters Comm 20 to 25, relating to the uniform dwelling code. Effective 4-1-09
Summary of Final Regulatory Flexibility Analysis
Pursuant to s.
227.19 (3m), Stats., the Department of Commerce has determined that the rules will not have a significant impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Financial Institutions — Securities
Revises Chapters
DFI-Sec 4 and
5, and creates Chapter
DFI-Sec 10, relating to making it a dishonest or unethical practice for securities licensees to make use of misleading designations or certifications purporting to demonstrate special expertise in the financial or retirement needs of seniors. Effective 4-1-09.
Summary of Final Regulatory Flexibility Analysis
No final regulatory flexibility analysis is required to be included on the basis that the Division of Securities has determined, after complying with s.
227.114, Wis. Stats., that the rules will not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
There was no public hearing testimony provided nor comment letters received that made recommendations for modifications to the rules. Therefore, no rule modifications were done as a result of the public hearing testimony or comment letters.
Insurance
Revises section
Ins 2.19, relating to sales of life insurance and annuities to the military and affecting small business. Effective 4-1-09.
Summary of Final Regulatory Flexibility Analysis
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The legislative standing committees had no comments on this rule.
