Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the November 30, 2006, 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.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
(
CR 06-028)
An order affecting chs.
ATCP 1,
11,
13,
17,
29,
40,
42,
50,
55,
69,
70,
80,
81,
82,
85,
88,
92,
105,
111,
113,
118,
131,
134,
155 and
158, relating to technical rule changes.
Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
Under s.
895.59, Stats. (created by
2003 Wis. Act 145), agencies are required to describe, by rule, the discretion that they may exercise when enforcing rules against small business. This rule describes the discretion exercised by the Department of Agriculture, Trade and Consumer Protection (“DATCP"). Because DATCP already exercises considerable enforcement discretion, this rule does not constitute a major change in DATCP policy.
This rule makes the following minor technical changes to rules administered by DATCP:
Conforms fertilizer tonnage fee (agricultural chemical cleanup surcharge) to the current statute. The department is already charging the (lower) statutory fee, not the obsolete (higher) fee that appears in the current rule (ATCP 40).
•Updates technical standards that are incorporated by reference in current commercial feed rules (ATCP 42). The updates refer to the latest edition (2006) of the official publication of the Association of American Feed Control Officials.
Updates current standards for the professional certification of agricultural engineering practitioners. DATCP coordinated these revisions with the United States Department of Agriculture (NRCS) and county land conservation departments, including practitioners who serve federal, state and county conservation programs.
Clarifies DATCP's meat holding order and condemnation authority (ATCP 55).
Eliminates an inconsistency between rules related to the legal “shelf life" of smoked fish (one rule says 17 days, the other says 21 days). This rule makes the standard 21 days.
• Changes current dairy plant rules (ATCP 80) to make them consistent with current federal standards. This includes minor technical changes related to pasteurization standards, thermometers and temperature readings, as well as updates to technical standards incorporated by reference (ATCP 80 Appendix). The updates refer to the latest editions of the 3-A Sanitary Standards and Accepted Practices published by the 3-A Sanitary Standards, Inc.
• Updates technical standards that are incorporated by reference in current weights and measures rules (ATCP 92). The updates refer to the latest editions (2006) of current weights and measures handbooks published by the National Institute of Standards and Technology.
Clarifies that local weights and measures inspectors must be civil service employees (conforms rule to current statute).
Eliminates minor obsolete accounting provisions in ATCP 105 related to the calculation of cigarette “cost" for purposes of the Unfair Sales Act (“minimum markup law").
Clarifies the relationship between the home improvement code (ATCP 110) and the basement waterproofing code (ATCP 111), both of which apply to basement waterproofing services.
Conforms car rental notice requirements (ATCP 118) to current statute.
Clarifies prohibition against misleading charity claims in coupon book schemes (ATCP 131).
• Repeals current rules related to dairy cattle grades (ATCP 158), because the rules are obsolete and no longer used.
• Corrects typographical errors and cross-references, eliminates obsolete provisions, conforms rules to current statutes, creates clarifying notes, and makes other non-substantive drafting and organizational changes to current rules.
Businesses Affected by the Rule
This rule affects businesses, including small businesses, which are currently regulated by DATCP. Those businesses may include agricultural producers, food processors and food distributors, as well as wholesalers and retailers of a wide variety of other products and services. This rule will not have a significant effect on any of those businesses. This rule merely clarifies current law and policy, and makes minor technical changes to current rules.
This rule will not have a significant impact on small businesses. DATCP already exercises considerable enforcement discretion, including enforcement discretion related to small business. This rule merely codifies current DATCP policy, and does not constitute a major change in policy.
Because this rule creates no regulatory burden for small businesses, it was not necessary for the department to take steps to help small business comply with the rule. The enforcement discretion currently practiced by DATCP, and codified by this rule, benefits small business.
This rule does not have a significant impact on business, small or large. It does not impose additional costs on business, and it does not require additional professional services.
Summary of Comments by Legislative Review Committees
On July 20, 2006, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Agriculture and Insurance and to the Assembly Committee on Agriculture. No hearings were held on the rule and no modifications were requested.
Barbering and Cosmetology Examining Board
(
CR 05-118)
An order affecting chs.
BC 1 to
4 and
8, relating to definitions, microdermabrasion, chemical exfoliation, managers, ear piercing, waxing, nail enhancement, licensing requirements and reinstatement of license.
Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator mt be contacted by email at
larry.martin@drl.state.wi.us or by calling (608 266-8608.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting chs.
Chir 4,
5,
6, and
12, relating to nutritional counseling certification.
Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator mt be contacted by email at
larry.martin@drl.state.wi.us or by calling (608 266-8608.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
Comm 5, relating to installation of manufactured homes.
Part effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rules fulfill the statutory mandates dictated in
2005 Wisconsin Act 45. Section
101.96 (1) (a), Stats., requires the Department of Commerce to establish installation standards for the safe installation of manufactured homes in this state. Section
101.96 (1) (b), Stats., requires the department to establish a method for ensuring compliance with the installation standards and to establish criteria for the licensure of 3rd party inspectors. Section
101.96 (2), Stats., requires the department to establish a program for the licensure of manufactured home installers. The installer license program must include license eligibility, an examination, an examination waiver procedure, license term, and license fees.
Summary of Comments by Legislative Review Committees
No comments were received.
An order to create ch.
WEM 7, relating to the application process and criteria for determining eligibility for payments to local units of government for damages and costs incurred for major catastrophes. Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not affect small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order to create ch.
WEM 8, relating to the establishment of standards for the adoption of the mutual and box alarm system, also known as MABAS, that may be used for deploying fire, rescue and emergency medical services personnel and equipment in a multi-jurisdictional or multi-agency emergency response. Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not affect small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
ERC 33 Appendix Forms A, B and C, relating to procedures for the administration of the Municipal Employment Relations Act. Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not affect small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting chs.
HFS 62 and
75, relating to assessment and services for drivers with alcohol or controlled substance problems.
Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not have a significant economic impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting chs.
HFS 110 and
111, relating to licensing emergency medical technicians. Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rules do not have an adverse significant economic impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
HFS 137, relating to prescribing forms for use by physicians, technicians and tissue bank employees when removing organs and tissue, other than cardiovascular tissue from decedents. Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not affect small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
NR 140, relating to groundwater quality standards. Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
The Department does not believe that the proposed rule will have a significant economic impact on a substantial number of small businesses. The compliance and reporting requirements in ch.
NR 140 are not changed by the proposed amendments. If a groundwater quality standard is exceeded, the owner or operator of a facility, practice or activity, including any small business, must report the violation to the appropriate regulatory agency. There is one new substance for which a facility may have to monitor and report exceedances and 3 existing substances with revised standards.
Summary of Comments by Legislative Review Committees
The rule was originally adopted by the Natural Resources Board on September 28, 2005. That rule included two new substances, Alachlor-ESA (ethane sulfonic acid) and molybdenum. The rule was referred to the Senate Committee on Natural Resources and Transportation and the Assembly Committee on Natural Resources. The Senate Committee on Natural Resources and Transportation held a public hearing on December 1, 2005 and did not request any modifications. The Assembly Committee on Natural Resources held a public hearing on November 16, 2005 and passed a motion requesting the Department to eliminate the proposed groundwater quality standard for Alachlor-ESA, and to request DNR to commence a scientific review panel to review the proposed groundwater standard for Alachlor-ESA, if Monsanto agreed to pay the full cost of the scientific review panel.
The Department consulted with the Department of Health and Family Services regarding the need for a scientific review of the groundwater quality standard developed for Alachlor-ESA. DHFS did not believe that an external review of the proposed Alachlor-ESA groundwater quality standard was necessary. At its June 28, 2006 meeting, the Natural Resources Board declined to make the proposed modification or to pursue an additional review of the proposed standard.
On July 20, 2006, the Assembly Committee on Natural Resources objected to the portion of Clearinghouse Rule No. 02-095 as it related to Alachlor-ESA. On August 10, 2006, the Joint Committee for Review of Administrative Rules held a public hearing. On August 22, 2006, the Joint Committee for Review of Administrative Rules met in executive session and adopted a motion requesting the Department to eliminate the proposed groundwater quality standard for Alachlor ESA and requested the DNR to commence an external, independent, and unbiased scientific peer review of the proposed standard for Alachlor ESA, if the Monsanto Corporation agreed to pay the full cost of the scientific peer review.
On September 5, 2006, the Natural Resources Board again declined to initiate a peer review paid for by the Monsanto Corporation. The Natural Resources Board voted to return Clearinghouse Rule No. 02-095 with the standard for Alachlor-ESA intact. If the Joint Committee for Review of Administrative Rules allowed that standard to move forward, the Board would then direct the Department to conduct and implement a structured peer review, without any controlling influence by any outside party.
On September 6, 2006, the Joint Committee for Review of Administrative Rules concluded that that the Department had not complied with the Committee's modification request and objected to all portions of
Clearinghouse Rule 02-095 that pertained to Alachlor and Alachlor-ESA.
An order affecting ch.
NR 102, relating to the designation of waters as outstanding or exceptional resource waters. Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
The listing of additional waterbodies as outstanding or exceptional resource waters could potentially affect numerous interest groups. These include northern Wisconsin communities, developers, waterfront property owners and others who manage shoreland property, existing point source dischargers with a WPDES permit and future point sources seeking a WPDES permit.
Summary of Comments by Legislative Review Committees
The proposed rule was reviewed by the Senate Committee on Natural Resources and Transportation and the Assembly Committee on Natural Resources. On September 14, 2006, the Assembly Committee on Natural Resources held a public hearing on the proposed rule. No comments were received by the Department.
An order affecting chs.
NR 439,
460 and
484, relating to natural emission standards for hazardous air pollutants for industrial, commercial and institutional boilers and process heaters. Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rule will have not have a significant economic impact on a substantial number of small businesses. This is primarily because the proposed rule is identical to the existing federal rule, with which all affected sources are already required to comply.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Natural Resources and Transportation and the Assembly Committee on Natural Resources. The Assembly Committee on Natural Resources held a public hearing on July 20, 2006. No comments were received by the Department as a result of the hearing.
An order affecting chs.
NR 135 and
340, relating to the reclamation of nonmetallic mining sites. Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
The existing rule contains several provisions designed to help small businesses that are not affected by these proposed revisions The proposed revisions provide less stringent requirements and reduce the burden in complying with fees and annual reports. The revisions do this by consolidating the compliance and reporting requirements through synchronization of the due dates for fees and reports as opposed to the current procedures which have two separate due dates. In the current rule, fees are paid in advance and reports are based on the previous year. The revision simplifies the situation by requiring that fee submittal and annual reporting are for the same calendar year. The proposed revisions to ch.
NR 340 change program requirements for financial assurance. In those cases where operators are regulated by ch.
NR 340, there will be more financial assurance options available to the operator.
Summary of Comments by Legislative Review Committees
The proposed rule was reviewed by the Senate Committee on Natural Resources and Transportation and the Assembly Committee on Natural Resources. On September 14, 2006, the Assembly Committee on Natural Resources held a public hearing on the proposed rule. No comments were received by the Department.
An order affecting ch.
NR 45, relating to regulation of firewood entering department lands and affecting small businesses. Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
This rule will impact campers, firewood dealers and some family businesses which sell small quantities of firewood adjacent to state campgrounds. This rule is designed to prevent and limit the spread of invasive forest pests and diseases which pose a grave threat to Wisconsin forest and urban landscapes. This rule will help protect Wisconsin industries associated with tourism and forest products by protecting the resources on which they depend. The department and the Department of Agriculture, Trade and Consumer Protection are working to minimize the impacts on small businesses.
Summary of Comments by Legislative Review Committees
The rule was reviewed by the Assembly Committee on Forestry and the Senate Committee on Natural Resources and Transportation. There were no comments received from the committees.
An order affecting chs.
RL 80,
81,
83,
84,
85,
86 and
87, relating to definitions, experience, educational courses, continuing education, conduct and renewal for real estate appraisers. Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us or by calling (608) 266-8608.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
Tax 2, relating to the computation of the apportionment fraction of multistate businesses. Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rule order does not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
Tax 1, relating to the discretion that the department will follow in the enforcement of rules and guidelines as they apply to a small business. Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rule order does not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting chs.
DWD 12,
16,
17,
55 and
56, relating to Wisconsin Works, Emergency Assistance and child care. Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will affect private W-w agencies and contractors of W-2 agencies but will not have a significant economic impact on these businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting chs.
DWD 218 to
225, relating to procedures for civil rights complaints and affecting small businesses. Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will affect small businesses but will not have a significant economic impact on these businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
DWD 59, relating to grants supporting community child care initiatives. Effective 12-1-06.
Summary of Final Regulatory Flexibility Analysis
the proposed rules do not affect small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
