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.
For subscription information, contact Document Sales at (608) 266-3358.
Employee Trust Funds
Regulatory Flexibility Analysis
The proposed rule has no effect on small businesses, because only governmental employers and their employees may participate in the benefit programs under ch.
40 of the statutes administered by the Department of Employee Trust Funds.
Comments of Legislative Standing Committees
No comments were reported.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # WM-01-13)
The Department of Natural Resources adopts an order to repeal ss.
NR 10.001 (23v) and
(24),
10.01 (2) (c) 3. to
7.,
10.09 (1) (c) 3., and
11.011; to amend ss.
NR 10.01 (3) (e),
(et) 1., and
(ev),
10.101 (2) (b) and
(c) (Note), 10.145 (8) (a), 10.15 (2), 10.24 (5), 17.04 (3) (c) (intro.) and (Note), 17.08 (2) (c) and (3) (c) (intro.) and (Note), 45.04 (1) (a) 1., 45.09 (2), and 45.12 (4) (f) 2. a.; to repeal and recreate s.
NR 10.01 (4) (a) and
(e); and to create ss.
NR 10.08 (6),
10.13 (3) (c) 4.,
10.24 (10),
17.04 (3) (c) 3., and
17.08 (3) (c) 3., relating to hunting, trapping, closed areas, dog training, and the use of department lands. Effective 11-1-13.
Final Regulatory Flexibility Analysis
These rules, and the legislation which grants the department rule making authority, do not have an effect on the private sector or small businesses. These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule. Therefore, under s.
227.19 (3m), Stats., a final regulatory flexibility analysis is not required.
Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and Sporting Heritage and reported out of committee on August 9, 2013. These rules were reviewed by the Senate Committee on Natural Resources and reported out of committee on July 29, 2013. These rules were reviewed by the Joint Committee for the Review of Administrative Rules and reported out of committee on September 13. No hearings were held and the department did not receive comments or requests for modifications.
Natural Resources
Environmental Protection — General, Chs.
NR 100—
Environmental Protection — Investigation and Remediation of Environmental Contamination,
Chs.
NR 700—
(DNR # RR-04-11)
The Department of Natural Resources adopts an order to revise chs.
NR 169 and
700 to
750, relating to investigation and remediation of contaminated properties. Effective 11-1-13.
Final Regulatory Flexibility Analysis
The major purpose of this rule making effort is to incorporate requirements set forth by statutes and to address policy changes that have been implemented over the years. Another major change is to streamline and consolidate the rule language so that out-of-date provisions are removed and the current regulatory requirements are easier to understand and comply with.
The one area of these rule revisions that have the potential to impact some small businesses is the proposal to increase the fees set out in ch.
NR 749. These fees have not been increased since they were originally promulgated in 1998 and the average increase typically ranges from $200 to $300 depending on the type of submittal. The fee increases should not affect most small businesses for several reasons. First, only those persons that possess or control a hazardous substance which is discharged or who causes the discharge must take action to restore the environment. Second, the NR 700 rule series is largely self-implementing. This means that the responsible party typically decides whether or not they want regulatory agency review of the documents they prepare and only pay a fee if DNR assistance is requested. Finally, the fees are often one-time expenditures and generally are only a small percentage of the overall cost for completing a cleanup.
No public comments were received on the proposed fee increases. Additional information on the potential fiscal impacts of the proposed rule revisions is summarized in the Fiscal Estimate and Economic Impact Analysis.
Safety and Professional Services
The Department of Safety and Professional Services adopts an order to create ch.
SPS 50 and to amend ss.
SPS 60.01,
61.02 (1) (a),
(2) (a),
(3) (a) and
(4) (a),
62.10,
65.01,
65.02 (1),
65.07, and
65.12 (1) (e),
(h), and
(i) 6., relating to barbers and to barbering and cosmetology schools and instructors, and affecting small business. Effective 11-1-13.
Regulatory Flexibility Analysis
These rules do not have an economic impact on small businesses, as defined in section
227.114 (1) of the Statutes.
No comments were reported.
Safety and Professional Services —
Pharmacy Examining Board
The Pharmacy Examining Board adopts an order to amend s.
Phar 7.01 (1) (e), relating to delivery of prescription drugs. Effective 11-1-13.
Regulatory Flexibility Analysis
Delivery of prescriptions is already allowed by rule. The location of the delivery will not have an impact on small business. This rule change will not have an effect on small business.
Comments of Legislative Standing Committees
No comments were reported.