Modifies mobile air conditioner repair technician training requirements.
  Removes references to obsolete Department of Safety and Professional Services (DSPS) licensing requirements.
DATCP proposes to eliminate the $120 annual registration fee and streamline the training requirements currently required under this rule. These modifications will harmonize DATCP's rule with federal law and reduce overall regulatory burdens. The proposed rule also removes references to obsolete DSPS licensing requirements and makes other minor modifications needed to ensure uniformity between the statute and rule. Surcharge fees for operating without a registration are required under s. 100.45 (5m), Stats., and are not affected by this rule change.
Small business affected
The proposed rule will have a positive impact on operators of mobile air conditioner repair businesses and will not have a negative effect on businesses. This rule affects businesses in the following ways:
Eliminates the annual registration fee
  Under the proposed rule, the $120 annual registration fee for operators of mobile air conditioner repair businesses will be eliminated. With approximately 3500 businesses statewide, this will result in a savings of $420,000 annually for small businesses.
Eliminates duplicative training requirements
  Prior to 2011, Wisconsin was the only state that prohibited the sale of small cans of non-ozone depleting (“substitute") refrigerant. For this reason, the state had Wisconsin specific technician training requirements. With the change in law that now allows the sale of small cans of substitute refrigerant, the Wisconsin specific training is no longer needed. Under this proposed rule, technicians who pass an EPA approved training course will meet Wisconsin's training requirement. This will save businesses and technicians and indeterminate amount of time and money as the technicians will no longer have to complete an additional training course.
Reporting, bookkeeping and other procedures
The proposed rule does not change existing reporting, bookkeeping or other procedures in the proposed rule for small businesses.
Professional skills required
The proposed rule eliminates the duplicative training requirements for technicians of mobile air conditioner businesses. However, technicians must still complete an approved training course.
Accommodation for small business
Many of the businesses affected by this rule are “small businesses." This proposed rule does not make special exceptions for small businesses because the program encompasses mobile air conditioner repair businesses of all sizes. The proposed registration fee and technician training rule changes will benefit large and small businesses alike.
Conclusion
This proposed rule will generally benefit affected businesses, including “small businesses." This rule will not have a negative effect on “small business," and is not subject to the delayed “small business" effective date provided in s. 227.22 (2) (e), Stats.
Environmental Impact
The proposed rule changes and the emergency rule do not have an environmental impact.
Agency contact
Jennifer Heaton-Amrhein, Division of Trade and
Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5164.
ADMINISTRATIVE RULES
FISCAL ESTIMATE
AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
Original Updated X Corrected
Administrative Rule Chapter, Title and Number
Ch. ATCP 136, Mobile Air Conditioners; Reclaiming or Recycling Refrigerant
Subject
Mobile Air Conditioners, fees and training
Fund Sources Affected
Chapter 20 , Stats. Appropriations Affected
GPR FED PRO PRS X SEG SEG-S
20.115(1)(hm)
Fiscal Effect of Implementing the Rule
No Fiscal Effect
Indeterminate
Increase Existing Revenues
X Decrease Existing Revenues
Increase Costs
X Could Absorb Within Agency's Budget
Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
State's Economy
Local Government Units
X Specific Businesses/Sectors
Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million?
Yes X No
Policy Problem Addressed by the Rule
ATCP 136, Wisconsin's mobile air conditioner; recycling and reclaiming refrigerant rule, contains requirements that duplicate federal requirements. This rule revision is needed to harmonize Wisconsin's rules with federal regulations and reduce costs for businesses.
This proposed rule will modify the existing ch. ATCP 136, Wis. Adm. Code in three main areas. The rule:
Eliminates unneeded business registration fees; surcharge fees required by statute that apply to late registrations will continue.
Harmonizes current rules with existing federal regulations related to training of mobile air conditioner technicians.
Removes references to obsolete Department of Safety and Professional Services (DSPS) regulations.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
This proposed rule updates current rules related to mobile air conditioners. This rule modifies existing rule language to eliminate registration fees, harmonizes state training requirements with existing federal requirements, and makes needed administrative changes. There will be cost savings for the regulated community as a result of these changes.
Local Governments
This rule will not impact local governments. Local governments will not have any implementation or compliance costs.
Mobile Air Conditioning Businesses
This rule will impact mobile air conditioning businesses. The changes to the rule are advantageous to businesses, including small businesses. These changes are discussed under the “Benefits" section of this analysis.
This proposed rule eliminates registration fees and eliminates duplicate training requirements. These changes benefit businesses and their technicians, with no negative effects on consumers or the environment.
Utility Rate Payers
The rule will have no impact on utility rate payers.
General Public
This rule will have no impact on the general public.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Benefits
This rule will benefit mobile air conditioner repair businesses and technicians.
Mobile Air Conditioner Repair Technicians
Mobile air conditioner repair technicians will benefit from this rule because they will no longer need to take a Wisconsin specific training course to maintain their registration in Wisconsin. Under this rule, completion of the federally approved training program will satisfy Wisconsin's training requirements.
Mobile Air Conditioner Repair Businesses
Mobile air conditioner repair businesses will benefit as this rule will eliminate the annual registration fee and additional training requirements for technicians. This will save each business location a minimum of $120 annually, plus associated administrative costs.
Alternatives
This rule will eliminate fees and ensure regulatory consistency between Wisconsin and federal law. If DATCP does not adopt this rule, Wisconsin will continue to require training for technicians that duplicates federal training requirements. In addition, if DATCP does not adopt this rule, businesses will continue to be required to pay the $120 annual registration fee to the department. The alternative to adopting this rule is to maintain the existing ATCP 136 requirements.
Long Range Implications of Implementing the Rule
Long-term, implementing the rule will benefit business. The rule modifications will save businesses a minimum of $120 annually for each business location currently required to be registered, or approximately $420,000 annually, statewide. In addition, businesses will no longer need to pay for technicians to complete (or ensure they have completed) a Wisconsin specific training program. This rule will have no impact on the environment, as existing environmental protections in the rule and in state and federal laws will remain in effect.
Compare With Approaches Being Used by Federal Government
The training requirements in the existing rule duplicate federal requirements. With the proposed changes, the rule will be consistent with federal law.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
All surrounding states, including Michigan, Minnesota, Illinois and Iowa, let EPA implement the mobile air conditioner regulations. Any state-specific regulations must be at least as stringent as EPA's. With the proposed changes, Wisconsin's regulations will be consistent with the EPA regulations applied in surrounding states.
Comments Received in Response to Web Posting and DATCP Response
DATCP received no comments in response to the web posting.
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs. 1
(DNR # WM-21-13)
NOTICE IS HEREBY GIVEN that pursuant to sections 227.11 (2) (a) and 227.16 Stats., the Department of Natural Resources will hold public meetings on revisions to Chapters NR 1, 10, 19, and 45 Wis. Adm. Code, related to hunting and trapping in state parks.
The hearings will begin at 6:00 p.m. at each of the following locations:
Hearing Information
Date:   Tuesday, January 14, 2014
Time:  
6:00 p.m.
Location:
  Fox Valley Technical College
  D.J. Bordini Business & Industry Center
  5 Systems Drive
  Appleton, Wisconsin 54912
Date:   Tuesday, January 21, 2014
Time:  
6:00 p.m.
Location:
  DNR Service Center
  1300 W Clairemont
  Eau Claire, Wisconsin 54701
Date:   Wednesday, January 22, 2014
Time:  
6:00 p.m.
Location:
  Town of Rib Mountain Town Hall
  3700 N. Mountain Rd
  Wausau, Wisconsin, 54401
Date:   Thursday, January 23, 2014
Time:  
6:00 p.m.
Location:
  DNR Service Center
  3911 Fish Hatchery Rd.
  Fitchburg, Wisconsin, 53711
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Where to Submit Public Comments and Copies of the Rule
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov or by searching the keywords “administrative rules" on the department's website.
Written comments on the proposed rule may be submitted via U.S. mail to Mr. Scott Loomans, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707 or by email to scott.loomans@wisconsin.gov. Comments may be submitted until January 24. Written comments, whether submitted electronically or by U.S. mail, will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Loomans.
Analysis Prepared by the Department of Natural Resources
Plain language analysis
These will be the first rule revisions related to hunting and trapping in state parks since passage of 2011 Act 168 which established that those activities are generally allowed. These rules will eliminate language that is no longer needed, simplify existing regulations, and create new rules related to safety. These rules will not establish new season dates or modify periods when hunting and trapping are allowed in state parks. Specifically, these rules will:
SECTION 1 updates a cross-reference to reflect where the authority to allow hunting on Ice Age Trail area properties is now established.
SECTIONS 2, 12, and 13 simplify turkey hunting regulations by eliminating the state park turkey hunting zones so that they will become part of the surrounding zone.
SECTION 3 corrects a misspelled word.
Section 4 creates a note in the section of ch. NR 10 related to furbearing animals and trapping to alert readers that additional trapping regulations are established in the section related to hunting and trapping in state parks.
SECTIONS 5 and 11 establish that dry land trapping on lands which are part of the Wisconsin State Park System is limited to the use of dog proof traps in order to protect the public safety as established in s. 29.089 (1m) (b) 2. Stats., a provision created by 2011 Act 168. Trapping on dry land will be allowed with the use of enclosed-trigger-type-traps. Raccoons are the primary species which are targeted with this trap type. Trapping will continue to be allowed using any type of trap that is otherwise legal if it is completely submerged under water.
SECTION 6 clarifies, consistent with natural resources board policy established following the enactment of 2011 ACT 168, that hunting can be allowed using archery gear after December 15 at Mirror Lake, Governor Dodge, and Mill Bluff state parks. The type of hunting specifically addressed in this section is migratory bird hunting if the seasons are still open after December 15.
SECTION 7 eliminates a prohibition of hunting small game with rifles or pistols at three state parks where small game hunting is allowed under current rules. Where hunting is allowed, rifles may be used at all other state parks and the department recently allowed the use of rifles for deer hunting statewide.
SECTION 8 creates and exception to the current noon closure of hunting hours at Governor Dodge, Mill Bluff, and Mirror Lake state parks (except that all day hunting is allowed for migratory birds at Mirror Lake) so that hunting is allowed all day at times when hunting is generally allowed at most state parks.
SECTION 9 repeals a specific exemption from the state park leash law for hunters' dogs actively engaged in hunting at three specific parks. This provision is not necessary because a similar exemption in s. NR 45.06 (2) applies to all DNR managed lands where hunting is allowed, including state parks.
SECTION 10 eliminates registration and check-in requirements for small game hunting at three state parks where small game hunting is allowed under current rules. Additionally, this section repeals rules which would have allowed hunting at State Ice Age Trail areas. These rules are no longer needed following the enactment of 2011 Act 168.
SECTION 14 updates a cross reference to statute and clarifies that special educational hunting events may be held at state parks for species in addition to deer and turkeys, with the enactment of 2011 Act 168.
SECTION 15 clarifies that it is illegal to discharge a firearm, bow, crossbow, or air gun in an area of a state park where hunting is not allowed.
SECTION 16 amends an exception to a prohibition of hunting in state parks to reflect new rules and current law, including elimination of a cross-reference with statutes that is no longer relevant.
Summary of, and comparison with, existing or proposed federal regulations
Federal regulations allow states to manage the wildlife and property resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Comparison with rules in adjacent states
These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of public lands which are under their control.
Summary of factual data and analytical methodologies
Prior to 2011 Act 168, state parks were statutorily closed to hunting unless the department had written rules specifically allowing a hunting opportunity at an individual state park. Statutes did not grant rule authority for the department to allow bear hunting. Statutes did not grant rule authority to allow trapping. Today, hunting and trapping are both allowed at state parks except where the Natural Resources Board has prohibited the activities in order to protect public safety or a unique plant or animal community. Under the act, the Department may prohibit hunting or trapping on lands within 100 yards of a designated use area. Examples of designated use areas include locations such as campgrounds, certain hiking trails and beaches.
These rules simplify turkey hunting regulations by eliminating the 16 state park turkey hunting zones so that they will become part of the surrounding unit. As a result, most parks will be open to turkey hunting by people who possess a turkey permit for the zone surrounding the state park. Under previous law, it was necessary under the authorizing statute for each state park to have a season established by administrative rule. With changes that resulted from the 2011 Act 168, these parks can now open to hunting without establishing a specific season by rule for each park. This change may result in an initial increase in turkey hunting pressure because anyone who holds a turkey hunting permit for the surrounding larger zone would be able to hunt in a state park in that zone. However, turkey hunter numbers are controlled in the larger zone by the use of a permit system. The limited nature of the spring turkey season helps to assure a high quality hunt with limited amounts of interference from other hunters. The department anticipates that our limited draw permit system for the larger zone will continue to assure a quality hunt on state park areas, just as the permit system does for other public properties in a zone.
Of the 16 state park hunting zones repealed by these rule, the following 11 were open to all applicants; Governor Dodge, Devils Lake, Wyalusing, Wildcat Mountain, Mirror Lake, Buckhorn (including the wildlife area), Newport, Hartman Creek, Interstate, Willow River, and Straight Lake. Another 5 state parks turkey hunting zones which are currently open only to applicants who hold disabled permits are; Natural Bridge, Nelson Dewey, Belmont Mound, New Glarus Woods, and Rocky Arbor. Special turkey hunting opportunities for disabled hunters on private lands are not affected by these rules.
The act allowed the department to prohibit hunting in designated use areas. For safety purposes, these rules would also prohibit the discharge of firearms, air-guns, bows, and crossbows from-or-across closed areas. For instance, under these rules, it would be illegal to discharge a firearm from an area where hunting is allowed to another area where hunting is allowed if the two areas are separated by a designated hiking trail or other area which is closed to hunting.
These rules restrict trapping to the use of dog proof traps only. The type of trap that meets the requirement of being a “dog proof trap" is an “enclosed trigger trap". These are already defined by administrative rule as any trap with a pull-activated trigger, inside an enclosure, and recessed 1 1/4 inches or more, from an opening that is no greater than 1 3/4 inches in diameter. While these trap types are very effective for catching raccoons, they may be the only animal that is capable of activating the trigger and being captured. These rules allow all trap types which are normally allowed in locations where the traps are completely submerged under water.
These rules expand an exemption from the state park leash law for hunters' dogs actively engaged in hunting from three named parks under current rules to any areas where hunting is allowed.
These rules allow small game hunting with rifles or handguns at three parks where small game hunting has been allowed under current rules; Governor Dodge, Mill Bluff, and Mirror Lake. Other state parks where hunting is now allowed under 2011 Act 168 do not have similar restrictions and the department believes that the prohibition is not necessary for safety or wildlife management purposes.
These rules eliminate a requirement to obtain an access permit and sign-in at a check station before small game hunting at three parks where small game hunting has been allowed under current rules; Governor Dodge, Mill Bluff, and Mirror Lake. Other state parks where hunting is now allowed under 2011 Act 168 do not have similar requirements. Experience with these requirements has demonstrated that they are not necessary to control hunter activity and the information collected is infrequently or not used by the department.
Additionally, this proposal repeals rules which would have allowed hunting at State Ice Age Trail areas. These rules are no longer needed following the enactment of 2011 Act168 because State Ice Age Trail areas are established by statute as part of the state park system.
Current rule clarifies current rules primarily related to special learn-to-hunt events because, with the enactment of 2011 Act 168, it is no longer necessary to limit them to just deer and turkey if they are held at state parks.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report
These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector or small businesses. Additionally, no significant costs are associated with compliance to these rules.
Effects on Small Businesses
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule. Because this rule does not add any regulatory requirements for small businesses, the proposed rules will not have an economic impact on a substantial number of small businesses under s. 227.24 (3m), Stats.
Pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
Environmental Impact
The Department has made a determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code.
The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with rulemaking. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Contact Person
Scott Loomans
Telephone: (608) 267-2452
Email: scott.loomans@wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA 2049 (R 07/2011)
ADMINISTRATIVE RULES
FISCAL ESTIMATE AND
ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original Updated Corrected
Administrative Rule Chapter, Title and Number
Natural Resources Board Order WM-21-13 amending Ch.'s NR 10, Game and Hunting, and NR 45, Use of Department Properties
Subject
Hunting and trapping in state parks
Fund Sources Affected
Chapter 20 , Stats. Appropriations Affected
GPR FED PRO PRS X SEG SEG-S
None
Fiscal Effect of Implementing the Rule
X No Fiscal Effect
Indeterminate
Increase Existing Revenues
Decrease Existing Revenues
Increase Costs
Could Absorb Within Agency's Budget
Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
State's Economy
Local Government Units
Specific Businesses/Sectors
Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million?
Yes X No
Policy Problem Addressed by the Rule
These will be the first rule revisions related to hunting and trapping in state parks since passage of 2011 ACT 168 which established that those activities are generally allowed. These rules will eliminate language that is no longer needed, simplify existing regulations, and create new rules related to safety. These rules will not establish new season dates or modify periods when hunting and trapping are allowed in state parks.
The department's analysis indicates that these rules will have none or a minimal economic impact. Pursuant to the Governor's Executive Order 50, Section II, this is a level 3 economic impact analysis.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Background Information
Following enactment of 2011 ACT 168, hunting and trapping are both allowed at state parks except where the Natural Resources Board has prohibited the activities in order to protect public safety or a unique plant or animal community. Under previous laws, state parks were statutorily closed to hunting unless the department had written rules specifically allowing a hunting opportunity at an individual state park. Statutes did not grant rule authority for the department to allow bear hunting. Statutes did not grant rule authority to allow trapping.
Some objectives of these proposed rules are to simplify hunting regulations, accomplish remedial updates to code language that is no longer needed, and to help assure the safety of state park visitors and, by extension, their pets.
Economic Impact
These rules will have none or a minimal impact on the amount of hunting or trapping that occurs at state parks. Correspondingly, it is expected that there will be no impact on the related expenditures of hunters and trappers and no economic impacts. Restricting dry land trapping activities to dog proof trap-types does have the incidental effect of restricting the species available for dry land trapping primarily to raccoons. However, raccoons are a desirable species for trappers and may be one of the primary dry land trapping opportunities at state parks - regardless of the types of regulations which are enacted. Enclosed trigger, dog proof traps are very effective for catching raccoons. The use of traps which are completely underwater is not affected by these proposed rules.
These rules are not expected to have an impact on the recreational activities of other state park visitors and no corresponding effects on their related expenditures and economic impacts. Potential state park visitors who are interested in activities other than hunting and trapping may make decisions about state park attendance based on their views of the compatibility of their recreation with hunting and trapping. However, these rules will not expand hunting and trapping activities and and, for safety purposes, hunting and trapping are already limited seasonally. Therefore, decisions about state park attendance are not likely to be made as a result of these rules.
These rules are applicable to individual hunters and impose no compliance or reporting requirements for small business. No design or operational standards are contained in these rules.
Fiscal Impact on the Department
The department anticipates that there will be no fiscal impacts as a result of implementing these rules. The Wisconsin State Park system already has a law enforcement program to enforce regulations on the properties it manages. Hunting and trapping can already legally occur under the provisions of 2011 ACT 168 and department guidance on implementing that ACT. These rules are not expected to result in any significant need for enforcement efforts.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
These rule are a potential benefit to the safety of state park visitors and their pets because they prohibit the discharge of firearms from-or-across certain trails. These rules also restrict trapping to the use of dog proof traps.
These rules will benefit turkey hunters by simplifying the number of hunting zone choices they need to consider and expanding the areas where they may hunt. Under current rules, a person who applies for a state park hunting zone can hunt only in that state park zone. Under the proposal, state parks will become part of the surrounding zones and hunting would be allowed anywhere in the new, larger zones.
These rules will simplify hunting regulations by eliminating a requirement to obtain an access permit and sign-in at a check station before small game hunting at three parks where small game hunting has been allowed under current rules; Governor Dodge, Mill Bluff, and Mirror Lake. Other state parks where hunting is now allowed under 2011 ACT 168 do not have similar requirements. Experience with these requirements has demonstrated that they are not necessary to control hunter activity and the information collected is infrequently or not used by the department. At the same three parks, these rules allow small game hunting with rifles or handguns where small game hunting has been allowed under current rules. Other state parks where hunting is now allowed under 2011 ACT 168 do not have firearm-type restrictions and the department believes that the prohibition is not necessary for safety or wildlife management purposes.
While there will be benefits to implementing these rules, they are not likely to have economic impacts.
The alternatives to be considered during this rules process are limited because statute establishes that hunting and trapping are legal activities at state parks. Prohibitions of those activities can only be made by the Natural Resources Board in order to protect public safety or a unique plant or animal community. The board has considered these concerns and has established restrictions for purposes of protecting public safety.
Long Range Implications of Implementing the Rule
The state park system will continue to be a source of significant recreational opportunity and preserve prominent features of Wisconsin's landscape. The activities of visitors will continue to generate significant economic activity.
Compare With Approaches Being Used by Federal Government
Federal regulations allow states to manage the wildlife, recreational, and property resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of public lands which are under their control.
Name and Phone Number of Contact Person
Scott Loomans, Wildlife Regulation Policy Specialist, 608-266-3534.
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs. 1
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.