Rule-Making Notices (Hearing Notices)

This rule relies, generally, on a large body of generally-accepted scientific information related to food safety hazards (and effective means for preventing or controlling those hazards). That information also provides the basis for federal and state rules that DATCP has incorporated by reference in this rule.

This rule incorporates, by reference, laboratory test methods published in the official methods of analysis of the association of official analytical chemists, 18th edition revision 2 (2007).

Technical standards incorporated by reference

This rule incorporates, by reference, laboratory test methods published in the official methods of analysis of the association of official analytical chemists (AOAC), 18th edition revision 2 (2007). Pursuant to s. 227.21, Stats., DATCP will request permission from the attorney general to incorporate the AOAC methods by reference in this rule. Copies will be kept on file with DATCP and the legislative reference bureau.

Fiscal Estimate

This rule will have no significant fiscal impact on Wisconsin state government and no fiscal impact on local units of government. DATCP will incur some costs to provide information and education to affected businesses. However, DATCP expects to absorb those costs.

Small Business Impact

This rule will help Wisconsin food processors to produce safe food products. Food safety regulation is important not only for consumers, but also for the food processors themselves. Food safety problems can harm individual businesses and the overall food industry.

For the most part, this rule merely updates and clarifies current rules and makes the rules consistent with other federal and state rules. These modifications will eliminate inconsistent and duplicative regulation, which will make it easier for food processors to comply. Generally, this rule gives affected food processors more flexibility to design effective food safety systems tailored to their operations. But in some instances, this rule provides definite compliance standards that are not provided by federal rules.

This rule requires fish processors and juice processors to implement hazard analysis and critical control point (HACCP) plans. But there will be no added costs to affected businesses because those plans are already required by federal rules. DATCP will help train affected businesses on the implementation of HACCP plans and other food safety measures. The University of Wisconsin-Extension may offer seminars and training sessions at modest cost.

Consistent with current federal rules, this rule requires food processors to have written recall plans. However, this rule gives processors considerable flexibility to design recall plans that are tailored to their operations. This rule provides guidance on plan contents, but it does not impose specific content requirements.

This rule incorporates current state and federal labeling requirements for processed food, including current federal requirements related to disclosure of major allergens. This rule may prompt food processors to review their labels for compliance with current law, but it does not add any major new labeling requirements.

This rule requires food processors to keep certain records related to food processing operations to help ensure food safety. Since the recordkeeping requirements are consistent with normal business practice, they will not impose significant new burdens or costs. There are no new professional skills required.

This rule may require some changes in some food processing facilities and operations. But for most food processors, the changes (if any) will not be large or costly. Most food processors are already complying with most of the requirements. New requirements related to hand-washing facilities will apply prospectively to newly installed facilities or newly licensed operations.

Many of the food processing plants affected by this rule are “small businesses." This rule will not have a significant adverse effect on small businesses, and it will help many small businesses by making food safety regulations clearer and more consistent. This rule does not exempt small businesses, because food safety risks affect small as well as large businesses. DATCP will help train affected businesses on the implementation of HACCP plans and other food safety measures. The University of Wisconsin-Extension may offer seminars and training sessions at modest cost.

This rule will promote food safety for the benefit of consumers and food processors. This rule will clarify current regulations, and make them more consistent. That will facilitate compliance by food processors. This rule will not have a significant adverse impact on small businesses (or other businesses), and it is not subject to the delayed small business effective date under s. 227.22 (2) (e), Stats.

Small business regulatory coordinator

To provide comments or concerns relating to small business, you may contact DATCP's small business regulatory coordinator Keeley Moll at the address below, or by emailing to [e-mail] or by telephone at [phone].

Agency Contact Person

Questions and comments related to this rule may be directed to:

Arthur Ness

Dept. of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Telephone [phone]

E-Mail: [e-mail]

Notice of Hearing

Commerce

Elevators, Escalators and Lift Devices, Ch. Comm 18

rulemaking_notices CR 09-012 EmR0901 — CR 09-012

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.63 (1), 101.73 (1), and 101.82 (1), Stats., the Department of Commerce will hold a public hearing on the proposed permanent rule and emergency rule under Chapter Comm 18 relating to suspension ropes and their connections serving elevators.

Hearing Information

The public hearing will be held as follows:

Date and Time:	Location:
March 2, 2009 Monday 10:00 a.m.	Thompson Commerce Building Conference Room 3B 201 W. Washington Avenue Madison, Wisconsin

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Appearances at the Hearing and Submission of Written Comments

Interested persons are invited to appear at the hearing and present comments on the proposed rule. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until March 13, 2009, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Larry Swaziek, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail].

Copies of Proposed Rule

The proposed rule and an analysis of the proposed rule is available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail], or at telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Analysis Prepared by the Department of Commerce

Statutes interpreted

Sections 101.02 (15) (h) to (j), 101.17, 101.63 (1), and 101.981 to 101.985, and 101.988, Stats.

Statutory Authority

Sections 101.02 (15) (h) to (j), 101.17, 101.63 (1), and 101.981 to 101.985 and 101.988, Stats.

Related statute or rule

Chapters Comm 60 to 66, Wisconsin Commercial Building Code.

Chapters Comm 20 to 25, Wisconsin Uniform Dwelling Code.

Explanation of agency authority

Under the authority of ss. 101.17, 101.63 and 101.982, Stats., the Department has the authority to promulgate rules for the safe installation and operation of conveyances (elevators, escalators and lift devices). Under the authority of ss. 101.17, 101.983 and 101.988, Stats., the Department has the authority to promulgate rules for required permits, inspection and enforcement of the technical standards. Currently, the Department has fulfilled this responsibility by promulgating the Elevators, Escalators and Lift Devices Code, chapter Comm 18.

Summary of proposed rule

The proposed rule repeals a provision that requires a wear and fatigue monitoring system and a device that protects against suspension loss for electric traction elevators using smaller sized wire ropes. The repeal is necessary because the American Society of Mechanical Engineers (ASME) did not incorporate a similar provision into the latest edition of its national A17.1 standard that is adopted by reference in Comm 18 which became effective January 1, 2009. Nationally, conveyance equipment is designed and manufactured to meet the ASME A17.1 standard.

Comparison with federal regulations

An Internet-based search of the code of federal regulations and the federal register did not identify any federal requirements relating to requiring a wear and fatigue monitoring system or a device that protects against suspension loss in electric traction elevators. There are no existing or proposed federal regulations that address the specific issue or impact the activities to be regulated by this proposed rule.

Comparison with rules in adjacent states

An Internet-based search found that all of the adjacent states adopt by reference certain editions of the ASME A17.1, Safety Code for Elevators and Escalators. The adjacent states also create amendments to the adopted standard similar to Wisconsin's administrative rules relating to elevators, escalators and lift devices.

None of the elevator or escalator regulatory programs in the states of Illinois, Iowa, Michigan or Minnesota had specific rules or standards regarding the wear and fatigue monitoring system or the device that protects against suspension loss for electric traction elevators as addressed by the Wisconsin rule being repealed by this proposed rule.

Summary of factual data and analytical methodologies

The proposed rule was developed using information gathered when the department learned that the ASME A17.1 Committee was not incorporating the section relating to the wear and fatigue monitoring system and the device that protects against suspension loss for electric traction elevators into its next edition of the national A17.1, Safety Code for Elevators and Escalators. The current edition of the national standard for the design and construction of conveyance serves as the basis for the proposed rule as well as for the remainder of chapter Comm 18.

In addition, the department involved the Conveyance Safety Code Council in its review and assessment process. Council members represent many stakeholders involved in the conveyance industry, including manufacturers, inspectors, building contractors and the general public as users of the conveyances.

Analysis and supporting documents used to determine effect on small business

The department believes the proposed rule will not increase the effect on small businesses from what the current rules impose on them. An economic impact report has not been required pursuant to s. 227.137, Stats.

Small Business Impact

Initial regulatory flexibility analysis

Types of small businesses that will be affected by the rule.

The proposed rule will affect businesses that install and maintain electric traction elevators. Repealing the rule will save those businesses implementation costs.

Reporting, bookkeeping and other procedures required for compliance with the rule.

There are no reporting, bookkeeping or other procedures required for compliance with the rule.

Types of professional skills necessary for compliance with the rule.

There are no new types of professional skills necessary for compliance with the rule.

Rule has a significant economic impact on small businesses.

No.

Small business regulatory coordinator

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Environmental Analysis

NOTICE IS HEREBY GIVEN that the Department has considered the environmental impact of the proposed rule. In accordance with chapter Comm 1, the proposed rule is a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed the rule and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Fiscal Estimate

Summary

The proposed rule repeals code language requiring a wear and fatigue monitoring system and a device that protects against suspension loss for electric traction elevators using smaller sized wire ropes. Repealing s. Comm 18.1702 (8) will not affect department revenue or expenditures.

State fiscal effect

None.

Local government fiscal effect

None.

Fund sources affected

PRO.

Long-range fiscal implications

No long range fiscal implications are anticipated.

Agency Contact Person

Larry Swaziek, Program Manager

[e-mail]

(608) 267-7701