Scope Statements
Commerce
Licenses, Certifications and Registrations, Ch.
Comm 5
Boilers and Pressure Vessels, Ch.
Comm 41
Subject
Revises Chapters
Comm 5 and
41, relating to boilers and pressure vessels and corresponding credentials.
Objective of the Rule
The primary objective of this rule development is to update chapter Comm 41, relating to boilers and pressure vessels, to reflect current national standards and corresponding administrative and enforcement aspects. Minor changes to corresponding requirements for credentials in chapter Comm 5 are also expected.
Policy Analysis
Since 1957, chapter Comm 41 has primarily adopted by reference the boiler and pressure vessel code issued by the American Society of Mechanical Engineers. Currently, the 2007 edition is adopted. The 2010 edition is expected to be adopted instead during this rule development, and other related standards that are currently referenced in this chapter may likewise be updated to include the most recent edition.
Statutory Authority
Comparison with Federal Regulations
No existing or proposed federal regulations addressing this topic were found during the most recent update of this chapter in 2007, other than the Nuclear Regulatory Commission applying an earlier version of the ASME code to nuclear power plants. The Department is not aware of any such federal regulations being issued or proposed since then.
Entities Affected by the Rule
These rule changes may affect any entity involved with the design, construction, installation, inspection, operation, testing, maintenance, repair or alteration of boilers or pressure vessels.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rule changes is expected to range from 200 to 400 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rule changes through public hearings, legislative review, and adoption. Also, copies of the referenced standards will need to be purchased. There are no other resources necessary to promulgate the rule changes.
Corrections
Subject
Repealing and recreating Chapter
DOC 349, relating to municipal lockup facilities.
Objective of the Rule
The objective of the rule is to:
•
Eliminate outdated provisions;
•
Clarify language;
•
Update citations to statutes for accuracy;
•
Clarify and update standards for the physical plant of a lockup facility;
•
Clarify and update standards for lockup operations; and
•
Renumber and reorganize the rule chapter.
Policy Analysis
The department is responsible for establishing standards for the construction and operation of municipal lockup facilities. The department is also responsible for inspecting the facilities on an annual basis and as necessary. In 1990 the department last conducted a comprehensive review of the rule which establishes minimum standards in lockup operations. The department revised the rule in 1999 to address the housing of juveniles in municipal lockups. The issues addressed in the rule include: the review and approval of construction plans, physical plant requirements, occupancy limitations and requirements for single and double celling, juveniles, health care, including health screening upon admission, medication administration, suicide prevention, and crisis intervention, fire safety, security, administrative confinement, discipline, records and reporting, and variances.
Since the last time the rule was comprehensively reviewed, there have been changes in case law and correctional practices, relating to detention. There is a need to review the current rule to reflect the changes in the law and correctional practices. The alternatives to the proposed review would result in the department continuing to have outdated policies which do not adequately reflect the current state of the law and a rule which needs clarification and reorganization.
Statutory Authority
Comparison with Federal Regulations
There are no federal regulations that impact municipal, except with respect to the housing of juveniles. Specifically, the federal Juvenile Justice and Delinquency Act (JJDPA),
42 USC 5601, et seq., and the implementing regulations (28 CRF Part 31) limit the housing of juveniles in municipal lockups.
Entities Affected by the Rule
The rule affects persons who are arrested or charged with criminal offenses; municipal entities, including police departments, and DOC staff.
Estimate of Time Needed to Develop the Rule
The Department estimates that it will take approximately 200 hours to develop this rule, including drafting the rule and complying with rulemaking requirements.
Agency Contact
Kathryn R. Anderson, Chief Legal Counsel, Wisconsin Department of Corrections, 3099 East Washington Avenue, P.O. Box 7925, Madison, WI 53707-7925, (608) 240-5049,
kathryn.anderson@wisconsin.gov.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # WM-11-11)
Subject
Revises Chapter
NR 10, relating to seasons and daily bag limits for migratory game bird hunting.
Objective of the Rule
Policy Analysis
This rule order will establish the 2011 migratory bird hunting seasons. In mid July Department staff attend the Mississippi Flyway Council (MFC) Technical and Council meetings where they will receive proposed season framework options from the U.S. Fish and Wildlife Service (USFWS). Staff will then work with other states in our Flyway to develop recommendations that are voted upon by the MFC. Proposals that are passed at the MFC meeting are forwarded to the FWS for consideration by the Service Regulations Committee (SRC) in late July. Department staff will contact the FWS following the SRC meeting to obtain the latest season recommendations.
Once the USFWS's final framework is available (approximately August 1), Department staff can summarize waterfowl status and regulation information for Wisconsin citizens. This information is presented and public comments are received from the Migratory Committee of the Conservation Congress and a public meeting (Post-Flyway Meeting) of interest groups and individuals. The following week, public hearings will be held around the state to solicit additional input. The Department then promulgates a permanent and emergency rule simultaneously in order to open the waterfowl seasons in September.
All the proposed modifications included in this rule order are consistent with the parameters and guidelines which are annually established by the Fish and Wildlife Service in 50 CFR, part
20.
Statutory Authority
Comparison with Federal Regulations
Under international treaty and Federal law, migratory game bird seasons are closed unless opened annually through the USFWS regulations process. As part of the federal rule process, the service proposes a duck harvest-management objective that balances hunting opportunities with the desire to achieve waterfowl population goals identified in the North American Waterfowl Management Plan (NAWMP). Under this harvest-management objective, the relative importance of hunting opportunity increases as duck populations approach the goals in the NAWMP. Thus, hunting opportunity is maximized when the population is at or above goals. Other factors such as habitat are also considered.
Locally produced giant Canada geese are now a considerable portion of the harvest in states that also harvest Mississippi Valley Population birds from Canada. The Mississippi Flyway Council has been testing the use of a standard season framework for 5 years, ending after 2011. Season lengths and bag limits for each MVP harvest state have remained unchanged. In 2012, the MFC will conduct an evaluation of harvest impacts of these stable regulations and establish a framework for future seasons.
Entities Affected by the Rule
