Section 101.15 (2) (e), Stats. reads: “The department shall promulgate rules to effect the safety of mines, explosives, quarries and related activities. Such rules shall provide for the establishment of uniform limits on permissible levels of blasting resultants to reasonably assure that blasting resultants do not cause injury, damage or unreasonable annoyance to any person or property outside any controlled blasting site area. Section 167.10 (6m), Stats. reads in part: The department of safety and professional services shall promulgate rules to establish safety standards for the manufacture in this state of fireworks and devices listed under…” 4. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The Department estimates approximately 500 hours will be needed to perform the review and develop any needed rule changes. The Department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
5. List with description of all entities that may be affected by the proposed rule:
The proposed rules may affect any business or other entity involved with the use, manufacture, or inspection of explosives or fireworks and any business or other entity involved with the operation or inspection of mines, pits, or quarries.
6. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule:
Explosives and fireworks
Code of Federal Regulations – An Internet-based search for “federal explosives code” and “federal fireworks code” in the Code of Federal Regulations (CFR) did not identify any federal regulations pertaining to these topics.
Federal Register – An Internet-based search for “federal explosives code” and “federal fireworks code” in the Federal Register did not identify any proposed federal regulations pertaining to these topics.
The proposed rule package is expected to update the incorporation by reference of NFPA 495, Explosive Materials Code to the 2013 edition. The next version of NFPA 495 will be the 2018 edition, which is not expected to be published until late 2017.
Mines, pits, and quarries
No person may operate a mine, pit or quarry unless the person complies with 30 USC 811, 957 and 961 and the safety and health standards in Title 30 CFR Parts 1 to 199. The provisions of the United States Code (USC) and the Code of Federal Regulations (CFR) are occasionally updated by the federal government. There are no current planned updates of these sections. 7. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The anticipated economic impact of implementing this rule is minimal. The rule is not likely to have a significant impact on a substantial number of small businesses.
