ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
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:
