86 decible rule for watercraft


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Posted by Ken Kehl on April 20, 2006 at 14:05:55:

If you have ten minutes to write a brief letter, or attend any of the hearings (see attachments) relating to enforcement of the 86 decibel noise rule for watercraft, it would be appreciated. Enforcement of this rule is imperative if we are to maintain tolerable noise levels on our state's lakes and rivers. We would encourage you to write William Engfer and advocate testing at distances of 50 ft. + rather than the 300 ft. + that the Bureau is now recommending for the J-1970 test. This would more accurately measure the noise levels actually created by the air boats and hovercraft being tested. Encourage any of your fishing or canoeing friends to write a letter as well, advocating testing at a closer distance of 50 ft. + as well, so that all watercraft are governed by the same standards of noise restrictions. Send letters via the U.S. Mail to:
Mr. William Engfer
Bureau of Law Enforcement
P.O. Box 7921
Madison, WI 53707 or e-mail you letter to him at William.Engfer@dnr.state.wi.us
It is recommended that you ask for a reply that he received your letter if e-mailing it to him. The deadline for written comments is June 9, 2006, but sooner is better than later, so I suggest doing it now, so you won't forget.

`BEFORE THE
DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PUBLIC HEARINGS
LE-23-06

NOTICE IS HEREBY GIVEN that pursuant to ss. 30.62(2)(d)2. and 227.11(2)(a), Stats., interpreting s. 30.62(2)(b) and (2)(d)2. and 3., Stats., the Department of Natural Resources will hold public hearings on the creation of s. NR 5.125(1)(d), Wis. Adm. Code, relating to sound testing methods for airboats. Section 30.62(2)(a), Stats., requires all boat sounds to meet the level of 86 db or less in order to be legal. The current tests that the department uses are designed for motor exhaust noise or they are not safe to perform on airboats or hovercraft type boats when measuring noise other than muffler or exhaust noise. In 2005, the department was notified of concerns that it was not enforcing the noise requirements on airboats that we apply to all other boats. Currently, airboats and hovercraft have to meet the 86 db sound level as it relates to their engine exhaust noise, but there is no test that would allow for the safe testing of the propeller and fan noise. The proposed rule change in the testing process would utilize Society of Automotive Engineers Test J1970 but would take in consideration the safety concerns when testing propeller and fan types of watercraft. The test contains step-by-step instructions for measuring noise from boats.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Commercial trappers and fishers
b. Description of reporting and bookkeeping procedures required: None
c. Description of professional skills required: None

The Department’s Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.

NOTICE IS HEREBY FURTHER GIVEN that 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 the proposal. This environmental review document would summarize the Department’s consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

May 24, 2006 Sheriff’s Dept. Basement, Crawford County Courthouse, 220 N. Beaumont St.,
Wednesday Prairie du Chien at 11:00 a.m. until the conclusion of public comments

May 24, 2006 Room 130, Todd Wehr Memorial Library, 900 Viterbo Drive, La Crosse
Wednesday from 3:00 p.m. to 6:00 p.m.

June 1, 2006 Teleconference participation will be available at:
Thursday Room 311, Wisconsin Indianhead Technical College, 2100 Beaser Avenue, Ashland
at 2:00 p.m. until the conclusion of public comments

Room 116B, Forest R. Polk Library, UW-Oshkosh, 800 Algoma Blvd., Oshkosh
at 3:00 p.m. until the conclusion of public comments

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call William Engfer at (608) 266 0859 with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. William Engfer, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 9, 2006. 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. Engfer.

Dated at Madison, Wisconsin ________________________________________

STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES




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