RFR-Page 2
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
The subject matter of this rule adopts national safety standards by reference. The proposed rule
updates the current rule to adopt by reference the most current NESC standard of good practice.
The subject matter of this rule is not currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
No.
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?
Full Process
13. Please describe the extent to which the rules exceed similar regulations, compliance
requirements, or other standards adopted at the state, regional, or federal level.
The amended rule will merely update Michigan’s rule to reflect changes made to the NESC up to
August 1, 2022. The rule does not exceed similar regulations, compliance requirements, or other
standards adopted at the state, regional, or federal level.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
No.
15. If amending an existing rule set, please provide the date of the last evaluation of the rules
and the degree, if any, to which technology, economic conditions, or other factors have changed
the regulatory activity covered by the rules since the last evaluation.
The rule was last amended in 2017 to adopt the 2017 NESC standards. The proposed amendment
adopts the 2023 NESC, which was published August 1, 2022, as new standards have been revised
since the 2017 edition was published.
16. Are there any changes or developments since implementation that demonstrate there is no
continued need for the rules, or any portion of the rules?
No.
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL
24.239(2))? If so, please attach the decision record.
No
Based on the information provided in this RFR, MOAHR concludes that there are sufficient
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive
Order No. 2019-6.
MCL 24.239