AMENDING, RENUMBERING, REPEALING AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to repeal NR 5.11(2)(a) to (e)., 5.125(1)(d)., 5.125(1)(e)., 5.13(2)(c)., 5.13(5)(Figure1); to renumber NR 5.17; to renumber and amend 5.13(2)(d); to amend NR 5.01(1)(a)., 5.01(1)(b)., 5.01(1)(c)., 5.01(1)(e)., 5.04(1)(c)., 5.09(3)(b)., 5.11(2)., 5.125(1)(b)., 5.125(1)(c)., 5.125(1)(Note)., 5.13(1)(intro.)., 5.13(2)(a)(intro.)., 5.13(2)(a)1., 5.13(2)(a)2., 5.13(2)(a)3., 5.13(2)(b)., 5.13(2)(c)., 5.13(3)(a)., 5.13(3)(b)., 5.13(4)(intro.)., 5.13(4)(b)., 5.13(5); and to create NR 5.001(2m), 5.001(2m)1., 5.001(2m)2., 5.001(2m)3., 5.001(11c), 5.001(16a)., 5.001(16b)., 5.001(17a)., 5.01(1)(cm)., 5.01(1)(cm)1., 5.01(1)(cm)2., 5.01(1)(cm)3., 5.06(5)., 5.06(5)(a)., 5.06(5)(b)., 5.13(4)(c)1., 5.13(4)(c)2., 5.13(4)(c)4., 5.13(4)(c)5., 5.13(4)(c)6., 5.13(4)(d)., 5.13(6)., 5.13(6)(a)., 5.17)(2)., 5.33(4)., relating to boat rules and regulations.
LE-01-14
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted: 30.505, 30.62(2)(d)2. and 3, 30.62(9) and 30.65(2)
2. Statutory Authority: 30.505, 30.62(2)(d)2. and 3, 30.62(9) and 30.65(2)
3. Explanation of Agency Authority: The above statutes have been interpreted as giving the department authority to promulgate rules necessary to conform with federal regulations, establish noise level testing procedures, adjust to advances in technology, and necessary in the interest of public safety.
4. Related Statutes or Rules: N/A
5. Plain Language Analysis: The proposed rule makes several modifications to chapter NR 5.
Sections 1-8 adds definitions for coastal waters, personal flotation devices, visual distress signal to conform to 33 CFR Part 175. Sections 9-15 require each recreational vessel owner provide an identification number with birth date to register a vessel for a certificate of number as required by 33 CFR Part 174. These elements are part of an approved vessel numbering system necessary to maintain overall program approval and eligibility to receive federal financial assistance under the State Recreational Boating Safety Grant Program. Sections 16-17 changes the term “state of principal use” to “state of principal operation” as required by 33 CFR Part 174. State of principal operation means the State in whose waters a vessel is or will be operated most during a calendar year. Sections 18-19-20 require the state issuing authority verify that the owner of a vessel that is issued a state assigned hull identification number has permanently affixed the assigned hull identification number to the vessel in compliance with 33 CFR Part 181, subpart C. Section 21 adds a requirement to label approved waterway markers with a department assigned number to allow law enforcement officers to determine the legality of markers that have been placed.
Sections 22 modifies fire extinguisher requirements as required by 33 CFR Part 175. Sections 23-28 corrects noise level testing requirements to meet Society of Automotive Engineers recommended practices.
Section 29-48 revises personal flotation device requirements to remove type requirements and replace with the terms wearable and throwable personal flotation devices as modified by 33 CFR Part 175. Section 49-52 creates requirements for visual distress signals and sound producing devices as required by Title 33 Code of Federal Regulations (CFR), Part 175 Subpart C. U.S. Coast Guard conducted an on-site review of Wisconsin’s State Recreational Boating Safety (RBS) Program. Onsite reviews are used to help determine a state’s eligibility to receive funding made available under Title 46 U.S.C. Chapter 131 for the State RBS Program. A state's eligibility is determined by the content of its RBS Program and its conformance to applicable federal laws and regulations. Based on the programmatic review of Wisconsin’s State RBS program, 2 deficiencies were noted that require corrective action. The State laws and regulations do not include a provision for the carriage of visual distress signals (VDS) in waters where required under Title 33 Code of Federal Regulations (CFR), Part 175 Subpart C; and State laws and regulations do not include a provision for the carriage of a sound-producing device where required under the Navigation Rules; International-Inland. State law must require the carriage of the minimum federal equipment requirements in order to meet eligibility requirements as an adequate law enforcement program.
Section 53-54 prohibits vessel owners from displaying blue colored lights which may be confused with an authorized patrol or emergency vessel. Pleasure boaters with aftermarket blue LED lighting can easily be mistaken for law enforcement in the dark of night.
Section 55 requires vessel operators to operate at slow no wake speeds when approaching a patrol or emergency vessel that is displaying an emergency light or siren due to public safety and law enforcement officer safety concerns.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: A state's eligibility to receive federal financial assistance under the State Recreational Boating Safety (RBS) Grant Program is determined by the content of its RBS Program and its conformance to applicable federal laws and regulations.
State law must require the carriage of the minimum federal equipment requirements in order to meet eligibility requirements as an adequate law enforcement program.
These elements are part of an approved vessel numbering system necessary to maintain overall program approval and eligibility
7. Comparison with Similar Rules in Adjacent States: Adjacent states have substantially the same rules as eligibility to receive federal financial assistance under the State Recreational Boating Safety (RBS) Grant Program is determined by the content of the state’s RBS Program and its conformance to applicable federal laws and regulations.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: Eligibility to receive federal financial assistance under the State Recreational Boating Safety (RBS) Grant Program is determined by the content of the state’s RBS Program and its conformance to applicable federal laws and regulations.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: The department anticipates that the proposed rule will have no more than a minimal economic impact.
10. Effect on Small Business (initial regulatory flexibility analysis): None
11. Agency Contact Person: Roy Zellmer, Boating Law Administrator, Bureau of Law Enforcement, roy.zellmer@wisconsin.gov. 608-212-5385 12. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail or email to:
Penny Kanable
Department of Natural Resources
P.O. Box 7921, Madison, WI 53707.
Hearing dates and the comment submission deadline are to be determined.
Section 1 NR 5.001(2m) is created to read:
5.001(2m) “Coastal waters” means all of the following:
Section 2 NR 5.001(2m)(1) is created to read:
NR 5.001(2m)(1) The U.S. waters of the Great Lakes which include Lakes Erie, Huron, Michigan, Ontario, and Superior.
Section 3 NR 5.001(2m)(2) is created to read:
NR 5.001(2m)(2) The territorial seas of the United States.
Section 4 NR 5.001(2m)(3) is created to read:
NR. 5.001(2m)(3) Those waters directly connected to the Great Lakes and territorial seas including bays, sounds, harbors, rivers, and inlets where any entrance exceeds 2 nautical miles between opposite shorelines to the first point where the largest distance between shorelines narrows to 2 miles, as shown on the National Ocean Service chart used for navigation. Shorelines of islands or points of land present within a waterway are considered when determining the distance between opposite shorelines.
Section 5 NR 5.001(11c) is created to read:
5.001(11c) “Personal flotation device” or “PFD” means a device that is approved by the US Coast Guard under 46 CFR Part 160. Section 6 NR 5.001(16a) is created to read:
5.001(16a) “Throwable PFD” means a PFD that is intended to be thrown to a person in the water. A throwable PFD includes a PFD marked as Type IV or Type V with Type IV performance. Unless specifically marked otherwise, a wearable PFD is not a throwable PFD.
Section 7 NR 5.001(16b) is created to read:
5.001(16b) “Visual distress signal” means a device that is approved by the US Coast Guard under 46 CFR Part 160 or certified by the manufacturer under 46 CFR Parts 160 and 161. Section 8 NR 5.001(17a) is created to read:
5.001(17a) “Wearable PFD” means a PFD that is intended to be worn or otherwise attached to the body. A wearable PFD includes a PFD marked as Type I, Type II, Type III, or Type V with Type I, II or III performance.
Section 9 NR 5.01(1)(a) is amended to read:
5.01(1)(a) Name of the each owner.
Section 10 NR 5.01(1)(b) is amended to read:
5.01(1)(b) Address of the each owner, including Zip code.
Section 11 NR 5.01(1)(c) is amended to read:
5.01(1)(c) Date of birth of the each owner.
Section 12 NR 5.01(1)(cm) is created to read:
5.01(1)(cm) Identification information for each vessel owner who applies for a certificate of number to include any of the following:
Section 13 NR 5.01(1)(cm)1. is created to read:
5.01(1)(cm)1. Owner’s tax identification number.
Section 14 NR 5.01(1)(cm)2. is created to read:
5.01(1)(cm)2. Date of birth with driver’s license number.
Section 15 NR 5.01(1)(cm)3. is created to read:
5.01(1)(cm)3. Date of birth together with other unique number.
