• The address of the firewood dealer's business headquarters.
• The address of every business location from which the firewood dealer sells or distributes firewood in this state.
• The approximate annual volume of firewood that the firewood dealer sells or distributes in this state, including the approximate annual volume sold or distributed from each business location.
• The sources from which the firewood dealer obtains firewood for sale or distribution in this state. The application shall include the name and address of each person, if any, from whom the firewood dealer procures cut firewood.
A certification application must also include the following statement (the firewood dealer must notify DATCP if, at any time before or after the firewood dealer is certified, the statement is no longer accurate):
Firewood the applicant sells or distributes in this state intended to meet the requirements of NR 45.04 (1) (g) is treated at the premises of the firewood dealer in at least one of the following ways prior to sale or distribution:
1. Each piece of firewood is heated to a temperature at least 160° F. (71.1° C.) at the center of the piece, and is maintained at that temperature for at least 75 minutes.
2. All bark, and additional wood to a depth of at least ½ inch beneath the bark, is removed from each piece of firewood.
3. The firewood is stored on the firewood dealer's premises for at least 2 years before it is sold or distributed in this state.
4. The firewood is fumigated with a registered fumigant pesticide, according to the pesticide label, to kill all insect pests that may inhabit the firewood.
5. The firewood is treated in a manner approved, in writing, by the Wisconsin Department of Agriculture, Trade and Consumer Protection, to kill all insect pests that may inhabit the firewood."
DATCP must grant or deny a certification application within 60 business days after DATCP receives a complete application. DATCP may withdraw a certification if the applicant materially misrepresents any information in the application, or fails to honor any of the commitments made in the application. A certification does not constitute a warranty, by the department, that firewood is free of pests.
Comparison to federal regulations
Under the federal Plant Protection Act, the Animal and Plant Health Inspection Service of the United States Department of Agriculture (USDA-APHIS) has responsibility for excluding, eradicating and controlling serious plant pests, including the Emerald Ash Borer. USDA-APHIS has instituted statewide quarantines on the movement of ash wood for Illinois, Indiana, Pennsylvania and Ohio, in addition to the Lower Peninsula of Michigan. These quarantines include restrictions on the interstate movement of any hardwood (non-coniferous) firewood, and are in addition to the regulations adopted by each state related to the movement of firewood. Firewood cannot be moved from a quarantined area unless it is accompanied by an APHIS certificate that shows the firewood to be free of infested wood.
Comparison to adjacent states
Surrounding states where EAB has been identified (Illinois, Indiana, Ohio, Pennsylvania and Michigan) have state and federal quarantines that prohibit the movement of regulated articles, including all hardwood firewood, out of quarantined areas. Firewood can only move out of quarantined areas after it is certified by USDA. Other surrounding states, such as Minnesota and Iowa, are conducting information and education campaigns about the danger of moving firewood and are considering regulatory options for dealing with firewood movement.
Fiscal Impact
There are thousands of firewood dealers in Wisconsin, but few of them will have a strong incentive to be certified under this rule. DATCP assumes that, at least initially, certification will be attractive mainly for large firewood dealers who can afford to implement the firewood treatment regimen required for certification.
Certification may be especially attractive for large firewood dealers who wish to supply firewood to Wisconsin state parks. DNR state park rules prohibit firewood originating from outside the state or more than 50 miles from the state park, unless the firewood dealer is certified under this rule.
DATCP projects approximately one day of staff time to process each certification application and to inspect the firewood dealer's business premises. DATCP will incur inspector travel costs, but will attempt to minimize those costs by integrating inspections with other inspections. DATCP does not plan to do routine follow-up inspections, but may conduct occasional random inspections of certified firewood dealers.
DATCP assumes that approximately 30 firewood dealers will apply for certification for calendar year 2007. The $50 annual certification fee will offset a portion of DATCP's expenses related to the operation of the firewood certification program. DATCP will absorb the remaining expenses.
Business Impact
This rule will not have a significant impact on firewood dealers. This rule does not require firewood dealers to be certified, nor does it restrict the sale or distribution of firewood by uncertified dealers. This rule creates a voluntary certification program, which may benefit some firewood dealers. Those dealers who choose to be certified will pay a $50 fee for certification
DNR state park rules prohibit firewood originating outside this state or more than 50 miles away, unless the firewood dealer is certified by DATCP. This rule will allow certified firewood dealers to supply firewood to state parks throughout the state, regardless of the firewood dealer's distance from the park. This rule will primarily benefit large firewood dealers who can afford to implement the firewood treatment regimen required for certification. This rule does not authorize or prohibit imports of firewood from outside this state. Current DATCP rules under ATCP 21.17 prohibit imports of firewood from areas which the U.S. department of agriculture has formally designated as being infested with certain wood pests, such as Emerald Ash Borer.
Environmental Impact
This rule will not have a significant impact on the environment. This rule does not restrict the sale or movement of firewood in this state. This rule will allow some firewood in state parks that would otherwise be prohibited by DNR rules, but only if the wood comes from a certified dealer who agrees to treat the wood to destroy plant pests such as Emerald Ash Borer. DATCP will inspect at least annually to verify that the firewood dealer has the necessary facilities and equipment to honor the agreement.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1) and
101.17, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 34 relating to amusement rides.
Hearing Information
The public hearing will be held as follows:
Date and Time:
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Location:
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October 15, 2007
Monday
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Conference Room 3B
Thompson Commerce Center
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1:00 p.m.
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201 W. Washington Avenue
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Madison
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Interested persons are invited to appear at the hearing and present comments on the proposed rules. 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
October 25, 2007, 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 Jim Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
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 (608) 266-8741 or (608) 264-8777 (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.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
Administrative Rules: Ch.
Comm 34, Amusement Rides
Explanation of agency authority
Under the authority of s.
101.17, Stats., the Department of Commerce has oversight of various mechanical devices and equipment, which includes amusement rides, in order to protect public safety. The Department fulfills this responsibility by promulgating the Amusement Ride Code, under chapter Comm 34.
Summary of proposed rules
The proposed rules will require amusement ride owner to acquire and maintain liability insurance in order to operate rides in Wisconsin.
The proposed rules also create safety field attachment or connection redundancy provisions for amusement rides where passengers donning harnesses are elevated.
Comparison with federal regulations
The US Consumer Product Safety Commission under the Consumer Product Safety Act has jurisdiction over portable amusement rides. The commission has not developed any specific standard for portable amusement rides. At times the commission has issued various safety bulletins regarding operation, repair, maintenance or set-up for specific rides.
There are no existing or proposed federal regulations that address the specific issue of this rule.
Comparison with adjacent states
A review of the amusement ride insurance regulations for the states of Illinois, Iowa, Michigan and Minnesota indicated the following liability minimums:
• Illinois, $100,000 for injury to one person, $1,000,000 in aggregate, $500,000 in aggregate for permanent sites with not more than 5 rides and operating at a height not more than 8 feet.
• Iowa, $100,000 for injury to one person, $300,000 in aggregate.
• Michigan, $300,000 in aggregate, $50,000 in aggregate if owner has only one ride designed primarily for children.
• Minnesota, $1,000,000 in aggregate.
An Internet-based search of the amusement ride regulatory programs for the states of Illinois, Iowa, Michigan and Minnesota found that none of the states have specific rules or standards regarding the field attachment or connection of passengers as addressed by the proposed rules.
Factual data and analytical methodologies
The proposed rules were developed utilizing information gathered during the department's investigation of the recent accident. The department also evaluated the current provisions of the Amusement Ride Code, chapter Comm 34, with respect to industry safety practices that were identified during the department's periodic inspection of rides. The department also reviewed the amusement ride insurance regulations of various states.
Analysis and supporting documents used to determine effect on small business
Currently, approximately 320 amusement ride owners and operators have registered rides with department for 2007. All owners and operators would be required to obtain liability insurance under the proposed rules. The cost of the amusement ride insurance is dependent upon several variables including the size of the operation and the type of rides. An insurance source indicated that the cost for a million dollar policy could range between $30,000 and $100,000 annually. However, it is unknown how many of these owners and operators already are covered by insurance either voluntarily or to satisfy contractual obligations or other state regulations.
Based on a review of the list of 1400 amusement rides registered to operate in Wisconsin for 2007, the department estimates that fewer than 10 rides may fall within the scope of these proposed rules regarding attachment. These rules would not include such amusement rides as bungee jumps, bungee trampolines, and rock walls with mechanical take-up systems.
An economic impact report has not been required to be prepared.
Copy of Rule
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
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
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
The rules will affect amusement ride owners and operators.
2. Reporting, bookkeeping and other procedures required for compliance with the rules
Under the proposed rules amusement ride owners and operators will need to keep in place liability insurance will operating in the state.
3. Types of professional skills necessary for compliance with the rules
There are no new types of professional skills necessary for compliance with the rules.
4. Will the rules have a significant economic impact on small businesses?
Yes.
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
carol.dunn@wisconsin.gov.
Fiscal Estimate
The proposed rules make permanent emergency rules that clarify the minimum type of attachment or connection of harnessed passengers that are necessary for certain types of amusement rides. The enforcement of the proposed rule will be incorporated into the periodic inspections of department staff. Carabiners which are utilized to make this type of attachment or connection cost between $15 to $25.
The proposed rules would also require amusement ride owners and operators to obtain and keep in place liability insurance while operating in the state. The cost of the amusement ride insurance is dependent upon several variables including the size of the operation and the type of rides. An insurance source indicated that the cost for a million dollar policy could range between $30,000 and $100,000 annually. However, it is unknown how many of these owners and operators already are covered by insurance either voluntarily or to satisfy contractual obligations or other state regulations.
Notice of Hearings
Health and Family Services
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2),
252.04 (1),
(2), and
(10), Stats., and interpreting ss.
252.04 (1) to
(7) and
(10), Stats., the Wisconsin Department of Health and Family Services proposes to amend ch.
HFS 144 relating to the immunization of students and affecting small businesses.
Hearing Information
Date and Time
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Location
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October 15, 2007
12:00 Noon to 2:00 PM
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Waukesha State Office Bldg.
141 N. W. Barstow Street
Room 151
Waukesha, WI
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October 16, 2007
2:00 PM to 4:00 PM
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Lakeview Professional Plaza
1200 Lake View Drive
First Floor Dining Room
Wausau, WI
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October 18, 2007
3:00 PM to 5:00 PM
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Dept. of Health and Family
Services
1 W. Wilson Street
Room B155
Madison, WI
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The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Submission of Written Comments
