Plain language analysis: The objective of the rule is to create s. DFI—Bkg 74.09 (5). The purpose of the rule is to set forth requirements for an authorization received by a licensee from a creditor for consolidating accounts. The rule establishes criteria regarding the form and content of the authorization.

Summary of and preliminary comparison with existing or proposed federal regulation: There is no existing or proposed federal regulation.

Comparison with rules in adjacent states: Similar rules do not exist in adjacent states.

Summary of factual data and analytical methodologies: There is no factual data associated with this rule. The rule was drafted in consultation with trade associations for entities affected by the rule.

Analysis and supporting documentation used to determine effect on small business: Because the rule only establishes the criteria for an already existing requirement, the division believes that the rule will not have a significant effect on small business. The rule merely indicates what the authorization required by s. 218.04 (9j), Stats., must include. Furthermore, the authorization requirements request the most basic information, none of which should create an additional burden. Lastly, an agency must obtain a suit authorization from the client before moving forward with any suit. The authorization required by s. 218.04 (9j), Stats., and further defined by this rule could easily be included as part of that authorization.

The proposed rule will not have an effect on small businesses.

There is no state fiscal effect, and there are no local government costs. No funding sources or ch. 20 appropriations are affected. There are no long-range fiscal implications.

A copy of the proposed rule and fiscal estimate may be obtained from, and written comments regarding the proposed rule may be submitted to, Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institutions' website, www.wdfi.org. Comments may also be submitted via the department's website contact page, e-mail the secretary. All comments not otherwise to be presented at the hearing must be received prior to the hearing set for this rule.

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.041, 29.197 and 227.11, Stats., interpreting ss. 29.014 and 29.197, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-26-04(E) pertaining to the 2004 migratory game bird season. For ducks, the state is divided into two zones each with 60-day seasons. The season began at noon September 25 and continues for 60 consecutive days in the north, closing on November 23. In the South, the season opens at noon on October 2 and continues through October 10, followed by a 5-day split, and then reopens on October 16 and continues through December 5. The daily bag limit is 6 ducks. For Canada geese, the state is apportioned into 3 goose hunting zones. The statewide daily bag limit for Canada geese in the Horicon and Collins Zones is 2 birds per day during the open seasons within each zone. In the Exterior Zone and its subzones, the daily bag limit will be one bird per day until October 31 and from November 1 to the end of the season in each zone or subzone, the daily bag limit will be 2 birds per day.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Wednesday, October 13, 2004 at 1:00 p.m.

Room 517, GEF #2

101 South Webster Street

Madison

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kent Van Horn at (608) 266-8841 with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provisions of this bill.

The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Kent Van Horn, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until October 15, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Van Horn.

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2), 281.15 and 283.13, Stats., interpreting ss. 281.15 and 283.13, Stats., the Department of Natural Resources will hold a public hearing on revisions to ss. NR 106.09 (1), 149.22 and NR 219, Table A, note 29, Wis. Adm. Code, relating to the whole effluent toxicity (WET) test methods. Monitoring for whole effluent toxicity (WET) is required in WPDES permits in order to determine the potential for impairment of fish and aquatic life from wastewater discharges. The U.S. Environmental Protection Agency promulgated regulations concerning the use of WET methods in 1995. EPA's methods include many provisions which allow different protocols to be followed, depending on the intended use and the area of the country where the test is being applied. Wisconsin permittees are required to conduct WET tests in accordance with the “State of Wisconsin Aquatic Life Toxicity Testing Methods Manual, Edition 1" which is intended to comply with 40 CFR Part 136 while providing procedures specific to Wisconsin. Improvement to WET test methods based on the latest science and recent revisions to EPA methods warrant updating the Methods Manual to a 2nd edition.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Smaller industrial permittees that discharge to a surface water and have WET requirements in their permits as well as smaller WET labs who may wish to be certified to conduct WET tests.

b. Description of reporting and bookkeeping procedures required: No new procedures.

c. Description of professional skills required: No new skills.

The Department's Small Business Regulatory Coordinator may be contacted at:

SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Tuesday, October 12, 2004 at 1:00 p.m.

Room 774B, GEF#2, 101 South Webster Street, Madison

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kari Fleming at (608) 267-7663 with specific information on your request at least 10 days before the date of the scheduled hearing.

The changes being proposed to WET test methods are not expected to change the costs of WET program implementation within the Department.

WET test methods must be followed by permittees and contract laboratories when required by a WPDES permit, therefore, local governments are affected if WET testing is required in their permits. However, because the changes that are proposed to WET test methods are not expected to significantly increase the costs currently associated with WET testing, no financial impacts are expected to local governments.

The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Ms. Kari Fleming, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until October 31, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Fleming.

NOTICE IS HEREBY GIVEN that pursuant to ss. 30.12 (1), (1p) and (3) (br), 30.13 (1) and (1m), 30.206 and 227.11 (2), Stats., interpreting ss. 30.12 (1), (1g) (a), (b), (e) and (f), (1p), (3) and (3m), 30.13 (1) and (1m), 30.20 (1g) (b) 2. and 30.206, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 326, Wis. Adm. Code, relating to regulation of piers, wharves, boat shelters, boat hoists, boat lifts and swimming rafts in navigable waterways. The proposed rule will implement 2003 Wisconsin Act 118 by establishing construction, design and placement standards for projects to be eligible for statutory exemptions, establishing general permits and establishing standards for projects that may be authorized under an individual permit. The proposed rule defines and describes design standards to qualify for exemptions for piers, wharves, seasonal boat shelters, boat hoists, boat lifts and swimming rafts. The rule establishes general permits for preexisting piers and permanent boat shelters which meet certain conditions, and establishes standards for specific individual permits for piers. Department staff will work with stakeholders prior to public hearing to develop more specific standards for marinas, and identify any other general or individual permits that may be appropriate.

NOTICE IS HEREBY FURTHER GIVEN that the Department will also be seeking comments on an alternative to the Department's proposed rule that was developed by a citizen stakeholder group. A copy of this alternative rule will be available no later than October 8, 2004.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Building contractors, small-scale land developers and consultants who provide plans or designs for projects along public navigable waterways.

b. Description of reporting and bookkeeping procedures required: The person responsible for a project in or along a lake or stream must develop plans and occasionally conduct some analyses, submit an application, and observe the site during construction. For some activities, photographs of the completed project are required.

c. Description of professional skills required: Map reading, basic computer use, mathematics, drawing to scale, and clear writing.

While it may be helpful or efficient, hiring a consulting firm is not necessary to comply with these requirements. Many projects are planned and conducted by individuals with no professional background. If the site has particularly challenging features, such as steep slopes, erosive soils, highly variable features or if the intensity of neighboring uses are likely to create controversy, then professional ecological or engineering expertise may be helpful.

The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the Department will hold an open house from 4:00 p.m. to 6:00 p.m. prior to the hearings in Green Bay, Eau Claire, Merrill, Hayward and Waukesha and from 10:00 to noon in Madison. Department staff will be available to answer questions regarding the proposed rules.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Monday, November 1, 2004

Video conference participation will be available at:

OL 1132, Old Library

UW-Eau Claire

105 Garfield Ave.,

Eau Claire

MAC137, Instructional Services Bldg.,

UW-Green Bay

2420 Nicolet Dr.

Green Bay

Wednesday, November 3, 2004 at 6:00 p.m.

Council Chambers, Merrill City Hall

1004 E. 1st Street, Merrill

Thursday, November 4, 2004 at 6:00 p.m.

County Board Room, Sawyer Co. Courthouse

10610 Main Street,

Hayward

Tuesday, November 9, 2004 at 4:00 p.m.

Room 151, State Office Building

141 NW Barstow Street

Waukesha

Wednesday, November 10, 2004 at 12:00 p.m.

Room 027, GEF #2