12. Describe how the proposed rules are necessary and suitable to accomplish their purpose, in relationship to the
burden(s) the rules place on individuals. Burdens may include fiscal or administrative burdens, or duplicative
The proposed rule is necessary and suitable to mandate ski area operators’ compliance with industry best practices, as
promulgated in recent ANSI standards, and for marking closed trails or runs in a manner to warn of partial closures.
A. Despite the identified burden(s), identify how the requirements in the rules are still needed and reasonable
compared to the burdens.
Ski area operators are presently subject to ANSI standards; no significant additional burden is anticipated. Marking
partially-closed trails or runs is a narrowly-tailored solution to informing patrons to avoid those routes.
13. Estimate any increase or decrease in revenues to other state or local governmental units (i.e. cities, counties,
school districts) as a result of the rule. Estimate the cost increases or reductions for other state or local
governmental units (i.e. cities, counties, school districts) as a result of the rule. Include the cost of equipment,
supplies, labor, and increased administrative costs in both the initial imposition of the rule and any ongoing
The proposed rule affects ski area owners and operators. The proposed rule does not affect state or local government
revenues or costs.
14. Discuss any program, service, duty, or responsibility imposed upon any city, county, town, village, or school
district by the rules.
The proposed rule does not impose any duty or responsibility on any city, town, village, or school district.
A. Describe any actions that governmental units must take to be in compliance with the rules. This section should
include items such as record keeping and reporting requirements or changing operational practices.
The proposed rule does not require any additional or new responsibilities on behalf of government units to be in
continued compliance with the rule.
15. Describe whether or not an appropriation to state or local governmental units has been made or a funding
source provided for any additional expenditures associated with the proposed rules.
The proposed rule does not require any additional funds for state or local governmental units.
16. In general, what impact will the rules have on rural areas?
The proposed rule will apply throughout Michigan. By their nature, ski areas are located in relatively rural areas, but
the rules will have no direct effect on rural areas that will not exist in urban areas as well. The proposed rule is
necessary to protect the health and safety of patrons visiting ski areas in rural areas.
A. Describe the types of public or private interests in rural areas that will be affected by the rules.
The proposed rule does not have any impact on public or private interests in rural areas.
17. Do the proposed rules have any impact on the environment? If yes, please explain.
The proposed rule focuses on safe administration of ski areas and will have little, if any, impact on the environment.
18. Describe whether and how the agency considered exempting small businesses from the proposed rules.
The bureau did not consider exempting small business from the proposed rule because rule promulgation authority
exists in the Ski Area Safety Act of 1962, PA 199 of 1962, 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.
19. If small businesses are not exempt, describe (a) the manner in which the agency reduced the economic impact
of the proposed rules on small businesses, including a detailed recitation of the efforts of the agency to comply
with the mandate to reduce the disproportionate impact of the rules upon small businesses as described below (in
accordance with MCL 24.240(1)(a-d)), or (b) the reasons such a reduction was not lawful or feasible.
Small businesses are not anticipated to be adversely affected by the change to R 408.65.
A. Identify and estimate the number of small businesses affected by the proposed rules and the probable effect on
The bureau does not expect small businesses to be affected by the proposed rule change.
B. Describe how the agency established differing compliance or reporting requirements or timetables for small
businesses under the rules after projecting the required reporting, record-keeping, and other administrative costs.
It is not practical to establish differing compliance or reporting requirements or timetables for small businesses.
C. Describe how the agency consolidated or simplified the compliance and reporting requirements for small
businesses and identify the skills necessary to comply with the reporting requirements.