REQUEST FOR RULEMAKING (RFR)

Transcription

1 State Budget Office Office of Regulatory Reinvention 111 S. Capitol Avenue; 8th Floor, Romney Building Lansing, MI Phone: (517) FAX: (517) REQUEST FOR RULEMAKING (RFR) Under the Administrative Procedures Act (APA), 1969 PA 306, the department/agency that has the statutory authority to promulgate the rules must file a request for rulemaking with the Office of Regulatory Reinvention before initiating any changes or additions to the rules. Please submit an electronic copy to the ORR at orr@michigan.gov. 1. Department: Department of Licensing and Regulatory Affairs 2. Division/agency/bureau: Corporations, Securities, and Commercial Licensing Bureau 3. Name, address, , and phone number of agency contact person: Shawn Gillingham, Legislative Analyst 2501 Woodlake Circle, Okemos, MI GillinghamS@michigan.gov Title of proposed rule(s) or rule set: Ski Area Safety General Rules 5. Rule number(s) or rule set range of numbers: R and R Estimated timetable for completion, or statutory deadline, if applicable: Estimated six months 5. Describe the general goal/purpose of these rules. Include a discussion of the problem(s) - the rule rescissions, additions, or amendments intended to address: R is being revised to update a reference to the American National Standards Institute (ANSI) standard B77.1 on safety requirements for passenger ropeways aerial tramways, aerial lifts, surface lifts, tows and conveyors that is adopted by reference in this rule. R requires when a ski area is open for skiing and any ski run, slope, or trail, is closed to skiing, the ski area operator must mark the top of, or entrance to, each closed run, slope or trail with a sign and a fiber rope with flags or mesh tape, or a fence that meets the requirements specified in the rule. The rule is being revised to require that when less than an entire run, slope, or trail is closed, the ski area operator will have to mark the portion of the run, slope, or trail that is closed in compliance with the rule s requirements.

2 Request for Rulemaking Page 2 6. Please cite the specific promulgation authority for the rule(s) (i.e. department director, commission, board, etc.), listing all applicable statutory references. Are the rule(s) mandated by any applicable constitutional or statutory provision? If so, please explain. Promulgation authority for the rules is defined by statute under Section 6 of the Ski Area Safety Act of 1962, being 1962 PA 199, MCL Under Section 6 of the Ski Area Safety Act, the Ski Area Safety Board (created by the Ski Area Safety Act) shall promulgate rules for the safe construction, installation, repair, use, operation, maintenance, and inspection of all ski areas and ski lifts as the board finds necessary for protection of the general public while using ski areas and ski lifts. The rules shall be reasonable and based upon generally accepted engineering standards, formulas, and practices. Executive Reorganization Order Number , MCL , orders, in relevant part, that all the statutory authority, powers, duties, functions, and responsibilities identified in the Ski Area Safety Act of 1962, MCL et seq., are transferred from the Department of Licensing and Regulation to the Department of Commerce. Executive Reorganization Order Number , MCL , orders, in relevant part, that the Department of Commerce is renamed the Department of Consumer and Industry Services, and that all the rule-making authority of the occupational boards and related task forces under the Occupational Code, PA 299 of 1980, MCL is transferred from the Department of Commerce to the Director of the Department of Consumer and Industry Services. Executive Reorganization Order Number , MCL , orders, in relevant part, that the Department of Consumer and Industry Services is renamed the Department of Labor and Economic Growth, and the functions transferred to the Department of Labor and Economic Growth under that order shall be administered under the direction and supervision of the Director of the Department of Labor and Economic Growth to the extent provided in that order, including but not limited to all prescribed functions of rule-making, licensing, registration, and the prescription of rules, regulations, standards, and adjudications. Executive Reorganization Order Number , MCL , orders, in relevant part, that the Director of the Department of Labor and Economic Growth may delegate within the Department a duty or power conferred on the Director of the Department by this Order or by other law and the individual to whom the duty or power is delegated may perform the duty or exercise the power at the time and to the extent that the power is delegated by the Director. Executive Reorganization Order Number , MCL , orders, in relevant part, that the Department of Energy, Labor, and Economic Growth be renamed the Department of Licensing and Regulatory Affairs, and that the Director of the Department of Licensing and Regulatory Affairs may delegate a duty or power

3 Request for Rulemaking Page 3 conferred by law or that order and the person to whom such duty or power is delegated may perform such duty or exercise such power at the time and to the extent that such duty or power is delegated by the Director of the Department of Licensing and Regulatory Affairs. 7. Please describe the extent to which the rule(s) conflict with or duplicate similar rules or regulations adopted by the state or federal government [include statutory references and public acts, as applicable]: The rules do not conflict with or duplicate similar rules or regulations adopted by the state or federal government. 8. Is the subject matter of the rule(s) currently contained in any guideline, handbook, manual, instructional bulletin, form with instructions, or operational memoranda? R adopts by reference the (ANSI) standards B and B77.1a-2012, entitled American National Standard for Passenger Ropeways Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors Safety Requirements. R already exists in the promulgated Ski Area Safety ruleset, and the proposed additions clarify requirements already imposed by that rule. 9. Is the rule(s) listed on the department s annual regulatory plan as a rule to be processed for the current year? The proposed rule change to R concerning the updated ANSI standards was included in the Bureau s Annual Regulatory Plan (ARP). While R concerning marking for trail obstacles and closures was not explicitly listed, the Department s ARP, the plan noted in a general statement that the ruleset will require additions, revisions, and rescissions. 10. Will the proposed rule(s) be promulgated under Sections 44 or 48 of the Administrative Procedures Act, 1969 PA 306, as amended, being MCL or ? Will the rule(s) be promulgated under the full rulemaking process? Please explain. No the rules will be promulgated under the full rulemaking process. Note: If this request for rulemaking applies to rules that will be promulgated pursuant to Sections 44 or 48 of the Administrative Procedures Act, 1969 PA 306, as amended, MCL or , you do not have to answer questions 11 to Please describe the extent to which the rule(s) exceed national or regional compliance requirements or other standards: By adopting by reference the American National Standards Institutes (ANSI) standard B and B77.1a-2012, entitled American national Standard for Passenger Ropeways Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors

4 Request for Rulemaking Page 4 Safety Requirements, R does not exceed national or regional compliance requirements or standards. 12. Do the rule(s) incorporate the recommendations of any Advisory Rules Committee formed pursuant to Executive Order ? If yes, please explain. N/A The rules have not yet been reviewed by the Office of Regulatory Reinvention, established under Executive Order Do the rule(s) incorporate the recommendations received by the public regarding any complaints or comments regarding the rule(s)? If yes, please explain. N/A - A public comment period has not been held yet concerning the proposed rules. 14. If amending an existing rule set, please provide the date of the last evaluation of the rule(s) and the degree, if any, to which technology, economic conditions, or other factors have changed the regulatory activity covered by the rule(s) since the last evaluation: The last revision and evaluation of the rule set occurred in October Technology and economic conditions have not significantly changed in the time since that last revision. However, industry regulatory standards have changed through the adoption of new ANSI standards pertaining to ski lifts in Are there any changes or developments since implementation that demonstrate there is no continued need for the rule(s), or any portion of the rules? No. 16. Is there an applicable decision record (as defined in MCL (6) and required by MCL (2))? If so, please attach the decision record. Yes; see attached. 17. Reviewed by the following Departmental Regulatory Affairs Officer (RAO): Liz Arasim Department of Licensing and Regulatory Affairs To be completed by the ORR Date RFR received: Based on the information provided in this RFR, the ORR concludes that there are sufficient policy and legal bases for approving the RFR. ORR assigned rule set number: LR

5 Request for Rulemaking Page 5 Date of approval: 09/13/2017 Explanation: This Request for Rulemaking satisfies the requirements of the Administrative Procedures Act, 1969 PA 306, MCL et seq., and Executive Order Based on the information provided in this RFR, the ORR is not approving the RFR at this time. Date of disapproval: More information needed: Explanation: Explanation: