8. Exempting ASME form P-4B from completion for boiler piping on certain ASME stamped boilers. [Comm 41.41 (3)]
9. Exempting cast iron sectional boilers stamped “H" and pressure vessels stamped “UM" from National Board registration. [Comm 41.42 (2) (b)]
10. Requiring registration with the National Board for routine repairs and for seal welding of 6 or more boiler tubes. [Comm 41.62 (2)]
11. Creating new rules for the inspection and testing of historical boilers operated at fairs, steam shows and other locations frequented by the public. [Subchapter IX]
6. Summary of, and Comparison with, Existing or Proposed Federal Regulations.
An Internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to the activities to be regulated by the rule.
Title
46 CFR Part 59 – Repairs to Boilers, Pressure Vessels and Appurtenances. This regulation in the Department of Homeland Security applies to the repair of all boilers, appurtenances and pressure vessels subject to inspections by the Coast Guard. The regulation adopts sections I, VII, VIII and IX of the 1989 ASME Boiler and Pressure Vessel Code.
Title
30 CFR Part 56 – Safety and Health Standards – Surface Metal and Nonmetal Mines. Subpart L of this regulation in the Department of Labor requires all boilers and pressure vessels to be constructed, installed and maintained in accordance with the ASME Boiler and Pressure Vessel Code. This regulation adopts sections I, II, IV, V, VI and VII of the 1977 ASME Code and the 1979 edition of the National Board Inspection Code.
Title
30 CFR Part 57 -- Safety and Health Standards – Underground Metal and Nonmetal Mines. Subpart L of this regulation is the same as subpart L in part 56.
Title
29 CFR Part 1910 – Occupational Safety and Health Standards. Subpart R of this regulation in the Department of Labor applies to establishments where pulp, paper and paperboard are manufactured and converted. This regulation adopts the 1968 edition of section VIII of the ASME Boiler and Pressure Vessel
Code.
Title
10 CFR Part 50 – Domestic Licensing of Production and Utilization Facilities. This regulation in the Nuclear Regulatory Commission applies to systems and components of boiling and pressurized water-cooled nuclear power reactors. This regulation adopts section III, division 1 and section XI, division 1 through the 2000 addenda of the ASME Boiler and Pressure Vessel
Code.
An Internet-based search of the 2004 and 2005 issues of the Federal Register found the following proposed federal regulations relating to the activities to be regulated by the rule.
June 30, 2004 Register, Title
46 CFR Part 32 et al. The Coast Guard in the Department of Homeland Security published a proposal to update the standards incorporated by reference for marine equipment. This proposal updates the ASME Boiler and Pressure Vessel Code to the 2001 edition.
October 1, 2004 Register, Title
10 CFR Part 50. The Nuclear Regulatory Commission published a final rule to update its regulations by incorporating by reference the 2001 edition and the 2002 and 2003 addenda of division 1 of section III and division 1 of section XI of the ASME Boiler and Pressure Vessel Code.
7. Comparison with Rules in Adjacent States.
The Illinois Office of the State Fire Marshal, Division of Boiler and Pressure Vessel Safety regulates the construction, installation, operation, inspection and repair of boilers and pressure vessels throughout the state of Illinois. The Illinois Boiler and Pressure Vessel Safety Rules and Regulations are very similar to the requirements in the Wisconsin Boiler and Pressure Vessel Code, including the Illinois incorporation by reference of the ASME Boiler and Pressure Vessel Code (2001 with 2003 addenda), the National Board Inspection Code (2001 with 2003 addenda), and the API 510 standard (8th edition).
The Iowa Department of Workforce Development, Division of Labor Services administers and enforces the Boilers and Unfired Pressure Vessels Chapter of the Iowa Code. That chapter requires new installations of boilers and pressure vessels to be designed, manufactured, installed, inspected and stamped in accordance with the applicable requirements of the ASME Boiler and Pressure Vessel Code (1998 with 1999 and 2000 addenda). The rules are similar to the Wisconsin rules, except that the Iowa rules recognize German, British, Japanese and Canadian construction and installation standards.
The Michigan Department of Labor and Economic Growth administers the Michigan Boiler Law and Rules. The rules are similar to the Wisconsin rules, and establish minimum standards of safety for the use, construction, installation, inspection, alteration and repair of boilers, with limited rules for specified pressure vessels. The rules adopt the National Board Inspection Code (2001 with addenda), the ASME Boiler and Pressure Vessel Code (2001 with addenda), and the ASME B31.1 Power Piping standard (2001 with addenda).
The Minnesota Department of Labor and Industry, Division of Boiler Inspection administers rules that address the manufacture, installation, repair, operation, safety and inspection of boilers, pressure vessels and appurtenances. The rules contain provisions for licensing of boiler operators, and include minimal requirements for hobby boilers (steam traction engines). The rules are very similar to the Wisconsin rules, and incorporate the most recent editions and addenda of the ASME Boiler and Pressure Vessel Code and the National Board Inspection Code.
8. Summary of Factual Data and Analytical Methodologies.
There were no factual data or analytical methodologies used to develop the proposed rules.
9. Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of Economic Impact Report.
The proposed rules should have a minimal effect on small business. There were no supporting documents used to determine the effect on small business, and an economic impact report was not prepared.
The proposed rules have been developed with the assistance of the Boiler and Pressure Vessel Code Advisory Council. The members of that citizen advisory council are as follows:
Name Representing
William H. Andrae Boiler & Pressure Vessel Repairers Assn.
Joe Bena WI Manufacturers & Commerce
Peter H. Burno WI Historical Steam Engine Assn.
Jay A. Ehrfurth WI Department of Administration
Daniel Hegyi American Insurance Association
Matt Keenan WI Boiler Inspectors Association
Paul E. Prill Wisconsin Pipe Trades Association
Randy S. Pucek City of Milwaukee
Doug Smithback Mechanical Contractors Assn. of WI
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are 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 these rules 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.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Any business involved with the design, construction, installation, operation, inspection, testing, maintenance, repair or alteration of boilers or pressure vessels will be affected by the rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The rules include a new requirement for certified inspectors to report to the department when a boiler or pressure vessel becomes inactive or non-existent. Starting one year after the effective date of the proposed rules, all inspection reports must be reported to the department electronically.
3. Types of professional skills necessary for compliance with the rules.
There are no types of professional skills necessary for compliance with the rules.
4. Rules will not have a significant economic impact on small businesses.
Yes, rules submitted to Small Business Regulatory Review Board
Assumptions Used in Arriving at Fiscal Estimate
The Safety and Buildings Division is responsible for administering and enforcing rules relating to boilers and pressure vessels. Although the proposed rules contain a revised fee for the inspection of multiple boilers or pressure vessels in one building and a fee for administration of a competency examination, the Division anticipates the revenue change will be insignificant. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.
The proposed rules will not have a fiscal effect on local governments.
The proposed rules will not have a significant fiscal effect on the private sector. Anticipated new costs that will be incurred by the private sector are for inspection and testing of historical boilers and for obtaining continuing education credits for inspector certification renewal.
The proposed rules and an analysis of the proposed rules are 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
rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
cdunn@commerce.state.wi.us.
Notice of Hearing
Hearing and Speech
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Hearing and Speech Examining Board in ss.
15.08 (5) (b),
227.11 (2),
459.12,
459.24 (5m) and
(6) (c), Stats., and interpreting ss.
459.07 (2),
459.24 (2) (f),
459.24 (5),
459.24 (6) and
459.34 (2), Stats., the Hearing and Speech Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal HAS 6.02 (4g), (4m), (5g) and (6b); to renumber HAS 6.09 (1) and 6.10 (3); to renumber and amend HAS 6.03 (7), 6.18 (2) and (3); to amend HAS 2.01 (2), 5.02 (2) (g) (intro.) and 2., 6.02 (1m), 6.10 (title), (1) (intro.) and (2), 7.02, 7.03 (1) (d), (2) (c), 8.03 (1) and 8.04 (1); to repeal and recreate HAS 6.18 (1) (h); and to create HAS 6.03 (7) (a) and (b), 6.09 (1), 6.10 (3), (4) and (5), 6.175, 7.03 (1) (e) and (2) (d), and 8.03 (6), relating to definitions, temporary trainees, continuing education, temporary licenses, and unprofessional conduct.
Hearing Date, Time and Location
Date: May 2, 2005
Time: 2:00 P.M.
Location: 1400 East Washington Avenue
Room 180
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by May 13, 2005 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Explanation of agency authority: The Hearing and Speech Examining Board licenses and regulates the conduct of hearing instrument specialists, audiologists and speech-language pathologists. The board is authorized under ss.
459.12 and
459.24 (5m) and
(6) (c), Stats., to promulgate rules relating to the supervision of hearing instrument specialist trainees by audiologists; the grant of temporary licenses to individuals applying for licenses to practice speech-language pathology and audiology; continuing education requirements and unprofessional conduct.
Related statute or rule: There are no related statutes or rules other than those listed above.
Plain language analysis: The Hearing and Speech Examining Board herein sets forth revisions to its rules. Audiologists are granted the authority to supervise hearing instrument trainees, standards of unprofessional conduct for hearing instrument specialists and audiologists are broadened and restructured, the definition of audiologist is modified, an equivalency provision is added to the speech-language pathology application procedure, the periods of temporary licensure for speech-language pathologists and audiologists are amended, the renewal deadline for hearing instrument specialists is changed from even to odd-numbered years, the deadline for reporting continuing education course completion is extended from the first to the second renewal date following the initial granting of a license, and the time allowed for sponsors to submit an application for continuing education course approval is reduced.
SECTION 1 amends s.
HAS 2.01 (2) to allow licensed audiologists to directly supervise trainees granted a permit to practice fitting hearing instruments, and making ear impressions and taking hearing measurements for the purpose of fitting hearing instruments. Currently, s.
HAS 2.01 (2) only allows hearing instrument specialists to provide direct supervision. Audiologist supervisors would be liable for the trainee's negligent acts and omissions in the fitting of hearing instruments, as hearing instrument specialists are under the current rule.
SECTION 2 amends s.
HAS 5.02 (2) (g) (intro.) and
2. to make failure to comply with the terms of sale on a receipt, such as the product repair policy or guarantee, an act of unprofessional conduct. The current rule only requires those terms to be clearly stated on the receipt, with no explicit authority for the board to act against the licensee for failure to comply with the terms.
SECTION 3 amends the definition of “Au.D." to clarify that the board need not approve the college or university granting the degree.
SECTION 4 makes deletions to the definitions section of s.
HAS 6.02, relating to the licensure of speech-language pathologists, audiologists, and temporary licensees.
SECTION 5 renumbers and amends s.
HAS 6.03 (7) and SECTION 6 creates s.
HAS 6.03 (7) (a) and
(b), to allow the board to decide if an applicant's education or training is equivalent to the completion of a postgraduate clinical fellowship. This is consistent with the licensure requirements for audiologists under s.
HAS 6.04 and builds flexibility into the rule in the event that national certification requirements for postgraduate clinical fellowships are increased beyond what the board believes is necessary to protect public health and safety.
SECTION 8 creates a definition of “hardship."
SECTIONS 9 to 11 relate to temporary licenses. These amendments implement the statutory change that allowed the board to expand the period of validity for a temporary license to practice speech-language pathology and audiology. For speech-language pathologists, the 9 month period of validity and one-time renewal previously recognized by s.
459.24 (6) (c), Wis. Stats., was changed by
2003 Wisconsin Act 270 to make the length of the period of validity discretionary for the board. The rule allows 18 months with a one-time renewal that may exceed 18 months as a matter of board discretion. This change was spurred by a shortage of speech-language pathologist Ph.D. students and faculty in Communicative Disorders programs. Since the clinical fellowship year is completed after the master's degree, the board's purpose is to accommodate students who may wish to complete the Ph.D. under a temporary license. For audiologists, the period is increased from 9 to 12 months, with a one-time renewal that may exceed 12 months at the board's discretion, but only in those instances where a permit holder who fails a licensure examination applies to take the next available examination or shows sufficient cause for renewal. The additional three months brings the time allowed under a temporary license for audiologists closer to the standard for speech-language pathologists. A 100-day grace period from the date the individual failed to take the examination is allowed unless board inaction or hardship is shown.
SECTION 12 creates s.
HAS 6.175, with definitions of “full terms of sale," “cerumen management," “personal guarantee," and “sell" or “sale."
SECTION 13 repeals and recreates s.
HAS 6.18 (1) (h) to include engaging in unprofessional conduct as an enumerated ground for discipline.
SECTION 14 renumbers and amends s.
HAS 6.18 (2). In setting forth additional bases for unprofessional conduct, such as failure to comply with the terms of sale on a receipt, explicit recognition of other states' hearing instrument specialist and audiologist hearing tests is allowed as a sufficient basis for sale if proper procedures, instrumentation and measurement are conducted. Only one basis for discipline is moved between the states.
SECTION 15 renumbers and amends s.
HAS 6.18 (3). Currently, s.
HAS 6.18 (3) describes, by enumeration, conduct defined in sub. (b) with exclusive reference to conduct evidencing a lack of knowledge or ability to apply professional principles or skills rather than as unprofessional conduct generally.
SECTION 16 amends s.
HAS 7.02 to change the renewal date for hearing instrument specialists from even-numbered years to odd-numbered years.
SECTIONS 17 to 22 relate to completing continuing education hours for the renewal of a license. It also extends the first continuing education reporting deadline from the first to the second renewal date following the initial granting of a hearing instrument specialist, speech-language pathologist, or audiologist license. The purpose of this change is to avoid a truncated timeline for compliance with continuing education requirements after initial licensure. This eliminates the truncated compliance timeline on initial license applications that are completed close before an application deadline.
SECTION 23 reduces the time allowed for continuing education sponsors to submit an application from 45 to 30 days prior to the first date the program or course of study is offered.
Summary of, and comparison with, existing or proposed federal regulation: None. Checked the U.S. Code and Federal Register.
Comparison with rules in adjacent states: The following is a summary of the requirements to obtain and maintain a license in Illinois, Iowa, Michigan and Minnesota.
The states of Illinois and Minnesota require an individual to obtain a temporary license prior to completing a postgraduate clinical fellowship in speech-language pathology. Minnesota also requires an individual to obtain a temporary license prior to completing a postgraduate clinical fellowship in audiology.
None of the states authorize audiologists to supervise hearing instrument specialist trainees.
None of the states permit applicants to claim “hardship" for failure to take the required examinations.
