Rule-Making Notices (Hearing Notices)

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Corrects an outdated fee structure relating to the re-inspection of small warehouses which hold non-potentially hazardous foods versus those that hold potentially hazardous foods.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—

rulemaking_notices CR 14-048 CR 14-048

(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 [e-mail] or by calling [phone]. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.

Availability of the proposed rules and fiscal estimate

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 [phone].

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:   [phone]

Fax:   [phone]

E-mail:   [e-mail]

Penny Kanable

Department of Natural Resources

Bureau of Law Enforcement

101 S Webster Street

Madison, WI 53703

Phone:   [phone]

Fax:   [phone]

E-mail:   [e-mail]

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.