Rule-Making Notices (Hearing Notices)

Notice of Hearing

Natural Resources

Fish, Game, etc., Chs. NR 1—

rulemaking_notices EmR1014 EmR1014

(DNR # LF-14-10(E))

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.28 (3), 227.11 (2) (a), and 227.24 Stats., the Department of Natural Resources will hold a public hearing on emergency rules to revise Chapter NR 45, relating to the establishment of a slow-no-wake zone on the “narrows" of the Wisconsin Dells. This emergency order took effect on May 15, 2010.

Hearing Information

The public hearing will be held:

Date:   Tuesday, June 22, 2010

Time:   5:00 p.m.

Location:   Kilbourn Public Library
  620 Elm Street
  Wisconsin Dells, WI 53821

Reasonable accommodations, including the provision of informational material in an alternative format will be provided for qualified individuals with disabilities upon request. Contact Andy Janicki in writing at the Department of Natural Resources, P O Box 7921, 101 S. Webster Street, LF/6, Madison, WI 53707-7921, by e-mail to [e-mail] or by calling [phone]. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.

Copies of the Proposed Rule and Fiscal Estimate

The proposed rule and supporting documents, including the fiscal estimate, may be viewed at http://adminrules. wisconsin.gov. If you do not have internet access, a printed copy of the proposed rule and supporting documents may be obtained free of charge by contacting Kathryn Fitzgerald, Department of Natural Resources, LF/6, 101 S. Webster Street, Madison, WI 53707-7921, by e-mail to Kathryn. [e-mail], or by calling [phone].

Submittal of Written Comments

Comments on the proposed rule must be received on or before June 25, 2010. Written comments may be submitted by U.S. mail, fax, E-mail or through the internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rule should be submitted to: Kathryn Fitzgerald, Department of Natural Resources, LF/6, 101 S. Webster Street, Madison, WI 53707-7921, Kathryn.fitzgerald@ wisconsin.gov, or by calling [phone].

Analysis Prepared by Department of Natural Resources

Statutes interpreted

Section 28.28 (3), Stats.

Statutory authority

Sections 23.28 (3), 227.11 (2) (a), and 227.24, Stats.

Plain language analysis

This provision prohibits motorboats from going faster than slow-no-wake, defined as the minimum speed required to maintain steerage, on an approximately 0.7 mile long stretch of the Wisconsin River at the Dells of the Wisconsin River state natural area. Currently, no fixed speed limit exists on this stretch of the Wisconsin River other than “reasonable and prudent speed" and the general laws that regulate 1) speed of personal watercraft in the vicinity of other boats, and 2) the speed of boats towing persons within defined distances of anchored and occupied boats.

This regulation is intended to improve public safety and help minimize user conflicts. In the last few years, the conservation warden for the area has received a number of complaints from boat operators regarding the user conflict of high speed recreational boats operating close to the larger and less maneuverable boat tours. Accidents and near misses have been documented in this stretch of the river. This rule is also being advanced as a permanent rule which was authorized on March 16, 2010, but will not be promulgated in time for this summer's heavy use season. In order to minimize the potential for accidents during the 2010 season, this is being advanced as an emergency rule.

Comparison with federal regulations

The Wisconsin River above the Kilbourn Dam is not a designated federal water and there are no federal boating laws that impact that portion of the river.

Comparison with rules in adjacent states

Slow-no-wake regulation in neighboring states

Illinois:

Any political subdivision of IL may adopt an ordinance or local law relating to operation and equipment of vessels if the provisions are not inconsistent with the provisions of the Boat Registration and Safety Act and the regulations issued there under. 625 Illinois Complied Statutes § 45/8-1.

Iowa:

Any subdivision of the state may adopt an ordinance or local law relating to the operation or equipment of vessels, so long as it is not inconsistent with the Iowa Code Water Navigation Regulations Chapter and the rules adopted by the Natural Resource Commission. Iowa Code § 462A.17.

Michigan:

The Department of Natural Resources may regulate the operation of vessels on waters of the state. The Department may initiate investigations into the need for special local rules or a local political subdivision request investigation. If the Department determines that special rules are needed then it submits an ordinance to the local political subdivision in which the water body is located. The political subdivision then approves or denies the ordinance. Michigan Complied Laws 324.80108.

Minnesota:

A political subdivision may adopt regulations that are not inconsistent with MN Statutes Water Safety, Watercraft, And Watercraft Titling Chapter and the rules of the Commissioner of Natural Resources relating to the use of waters of the state that are wholly or partly within the territorial boundaries of a county or entirely within the boundaries of a city. Minnesota Statute § 86B.201.

Summary of factual data and analytical methodologies

On this heavily used stretch of river, high speed operation of boats create wave actions that rebound off the walls of the river banks creating a dangerous situation for canoes and other small boats. While the depth of the river allows the passage of large vessels, and the area is used regularly by tour boats holding upwards of 200 passengers, it is less than 100 feet wide from shore to shore in spots with meanders that provide limited sight lines for oncoming boat traffic. The addition of jet boat tours in recent years, along with the existing cruising tour boats, high speed recreational watercraft, canoes and kayaks has created user conflicts and a potentially dangerous situation that can best be handled by imposing a speed limit on boats traveling through this stretch of the river.

Seventeen reportable accidents* occurred on this stretch of the Wisconsin River from 2001-2007. Of the 17 reportable accidents, contributing factors were summarized by the following:

A “reportable" boat incident is any incident (regardless of the number of boats involved) which results in loss of life, injury that requires medical treatment beyond first aid, boat or property damage in excess of $2,000, or complete loss of a boat.

•   8 were caused by a collision with another boat or person being towed by the boat,

•   4 listed excessive speed as a cause,

•   5 were caused by a collision with shore or fixed object,

•   2 were caused by large boat wakes, and

•   1 accident involved excessive alcohol use.

There was not a discernable pattern in the accident frequency except that the majority of the accidents occurred on the weekend.

On Wednesday, August 6, 2008 and Saturday, August 28, 2008, wardens surveyed the frequency of use during the peak summer season (Memorial Day to Labor Day) for 8 hours during 2 four-hour blocks of time. The block of time for the observational survey was from 12:00 PM to 4:00 PM each day. On the weekday (Wednesday) during the survey, approximately 1,162 people passed through the Narrows in boats. On the weekend (Saturday) during the survey approximately 1,323 people passed through the narrows in some type of watercraft. The survey did reveal some surprising facts with regard to type of boats; on the weekday the most common type of boat to pass through the Narrows was a pontoon or small boat of open construction. During the weekend, the most common boat to pass through the Narrows was a Personal Watercraft (PWC). One fact was that more people passed through the narrows in tour boats than any other type of boat. Sixty five percent of all of the people that passed through the narrows were on large high capacity tour boats whether it was a jet tour boat or a large cabin cruising commercial vessels. While not a lengthy observational period, this gives an indication of the level of activity on a given weekday and a weekend day. Based on this data, it is estimated that on a typical weekday, there may be approximately 23 boats moving through the narrows in an hour; on the weekend, 34 boats moving through the narrows every hour.

Small Business Impact

This rule provision creates a slow-no-wake area on a stretch of the Wisconsin river. There are four commercial enterprises that operate boat tours in the Upper Dells on the Wisconsin river; two run both traditional tour (cruise) boats and jet boats, one runs exclusively jet boats and one only operates a tour/dinner boats. When contacted by the department, all the tour boat operators said their normal practice is to go slowly through the area anyway, so there would be no impact to them on their scheduling. They expressed support for a slow-no-wake regulation because their ability to navigate is often jeopardized by recreational watercraft attempting to jump the wakes of their boats or trying to maneuver around the larger boats at high speed. The distance of the slow-no-wake area is approximately 3,700 linear feet.

Fiscal Estimate

Assumptions used in arriving at fiscal estimate

The Department will incur one-time costs of approximately $750 for the purchase and placement of signs at the start and end of the slow-no-wake stretch. This will be done by existing FTE staff, within regularly scheduled work hours. These costs would be funded with federal Coast Guard and state segregated boating funds.

No additional enforcement costs are anticipated. The level of enforcement on the river by the conservation wardens will remain the same.

State fiscal effect

Increase costs - may be possible to absorb within agency's budget.

Local government fiscal effect

None.

Fund sources affected

FED, SEG.

Affected Ch. 20 appropriations

Section 20.370 (1) (my) and (mu), Stats.

Agency Contact Person

Conservation Warden Barbara Wolf

3911 Fish Hatchery Rd.

Fitchburg, WI 53711

Phone: [phone]

Email: [e-mail]

Notice of Hearings

Public Service Commission

rulemaking_notices CR 10-057 CR 10-057

NOTICE IS GIVEN That pursuant to s. 227.16 (2) (b), Wis. Stats., the Public Service Commission will hold public hearings to consider a proposed order to create Chapter PSC 128, Wis. Adm. Code, relating to the siting of wind energy systems.

Hearing Information

The hearings will be held:

Date and Time:	Wednesday, June 30, 2010 1:00 p.m. and 6:00 p.m.
Location:	Public Service Commission 610 North Whitney Way Madison, WI

This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.

2009 Wisconsin Act 40 requires that hearings regarding these rules also be held in Monroe County and a county other than Dane or Monroe, where developers have proposed wind energy systems. The Commission will also hold public hearings on these proposed rules at:

Date and Time:	Monday, June 28, 2010 at 1:00 p.m. and 6:00 p.m.
Location:	City Hall, Legislative Chambers 160 S. Macy Street Fond du Lac, WI

Date and Time:	Tuesday, June 29, 2010 at 1:00 p.m. and 6:00 p.m.
Location:	Holiday Inn 1017 E. McCoy Blvd. Tomah, WI

The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact the docket coordinator, Deborah Erwin, at [phone] or [e-mail].

Submittal of Written Comments

Any person may submit written comments on these proposed rules. The hearing record will be open for written comments from the public, effective immediately, and until Wednesday, July 7, 2010, at noon (Tuesday, July 6, 2010, at noon, if filed by fax). All written comments must include a reference on the filing to docket 1-AC-231. File by one mode only.

Industry:

File comments using the Electronic Regulatory Filing (ERF) system. This may be accessed from the Commission's website http://psc.wi.gov.

Members of the public:

If filing electronically: Use the Public Comments system or the Electronic Regulatory Filing system. Both of these may be accessed from the Commission's website at http://psc.wi.gov.

If filing by fax: Send fax comments to [phone]. Fax filing cover sheet MUST state “Official Filing," the docket number 1-AC-231, and the number of pages (limited to 25 pages for fax comments).

If filing by mail, courier, or hand delivery: Address as shown in the box.

Comments Due: Wednesday July 7, 2010 – Noon FAX Due: Tuesday July 6, 2010 – Noon

Address Comments To: Sandra J. Paske, Secretary to the Commission Public Service Commission P.O. Box 7854 Madison, WI 53707-7854 FAX [phone]

Analysis Prepared by the Public Service Commission

Statutes interpreted

This rule interprets ss. 66.0401 (3) to (6) and 196.378 (4g), Stats. These statutes deal with wind energy system site suitability testing, local processes for wind energy system applications for approval, commission review process, the applicability of wind siting ordinances, and the role of the Commission and the Wind Siting Council.

Statutory authority

Sections 196.02 (1) and (3), 196.378 (4g) (b) to (d), and 227.11, Stats.