PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 109]
Personal Watercraft
[28 Pa.B. 1954] The Fish and Boat Commission (Commission) proposes to amend § 109.3 (relating to personal watercraft). The Commission is publishing this amendment as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendment relates to the operation of personal watercraft (PWC).
A. Effective Date
This proposed amendments will, if approved on final rulemaking, go into effect upon publication of an order adopting the amendment.
B. Contact Person
For further information on the proposed change, contact Laurie E. Shepler, Assistant Counsel (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's Web site (http://www.fish.state.pa.us).
C. Statutory Authority
This proposed amendment is published under the statutory authority of section 5123 of the code (relating to general boating regulations).
D. Purpose and Background
The proposed amendment is designed to update, modify and improve Commission regulations pertaining to boating. The specific purpose of the proposed amendment is described in more detail under the Summary of Proposal of this Preamble. Prior to consideration by the Commission, the Commission's Boating Advisory Board (Board) considered the proposed amendment and recommended adoption by the Commission.
E. Summary of Proposal
PWCs are the fastest growing segment of recreational boating in this Commonwealth. In 1997, the Commission registered about 21,000 PWCs, about 6% of the total number of boats. It is projected that by the year 2000, there will be over 23,000 registered PWCs in this Commonwealth.
The PWC operators are involved in a disproportionate number of boating accidents. In 1996, one third of all reported boating accidents involved at least one PWC, and 61% of all reported collisions between boats involved at least one PWC. Collisions are the most common type of accident reported, and they are usually caused by the operator not keeping a proper lookout or operating the boat in a reckless manner. Many of the accidents are caused by people new to PWC operation, and nearly all of these accidents are avoidable.
Some PWC operators do not seem to realize that they are operating boats when they operate PWCs. Some do not appear to understand that PWC operators must follow the same laws and regulations as other power boaters. As a result, a disproportionate number of boating regulation violations are by PWC operators. At a recent Commission meeting, over half of all proposed revocations of boating privileges that were considered were for violations by operators of PWC. The majority of the violations were for negligent operation of watercraft. In addition, a high percentage of complaints relate to actual or perceived PWC operational deficiencies. A number of the complaints concern noise issues which, although usually not a violation of Commission regulations, could be avoided if the PWC operator understood ethical operation of these watercraft. Many of the complaints pertain to wake violations and reckless operation.
Boating ethics are an important part of PWC operation that all operators must understand to reduce conflicts on waters of this Commonwealth. Courtesy toward others on the water and people living along the shore cannot be overemphasized. Inconsiderate PWC operators prevent others from enjoying the same rights as they do. Spraying someone on shore, jumping another boat's wake too closely or riding near someone who is fishing have created hard feelings. Once negative opinions are formed, they are difficult to change. ''Perception'' of wrong doing can be just as strong as actually doing something wrong. PWC operators must be responsible and understand how their activity is being viewed by others.
If everyone who operates a PWC (or any boat for that matter) took a boating course, there would still be some accidents and conflicts. However, there is no question that the information that operators learn in an approved boating course provides operators with information that they would not learn on their own. Presumably, this education will give the operator information that will result in proper boating procedures and ethics. States, such as Connecticut, have indicated that they have had a proportional drop in accidents once they initiated mandatory boating education. Therefore, the Commission proposes to institute a mandatory education program for operators of PWCs and to amend its regulations to provide that effective January 1, 2000, a person may not operate a PWC on the waters of this Commonwealth unless that individual has obtained a Boating Safety Education Certificate.
F. Paperwork
The proposed amendment will increase paperwork and will create new paperwork requirements in that, after January 1, 2000, all persons who wish to operate a PWC on Commonwealth waters will need to complete an appropriate boating safety course and receive a certification of completion of the course. The Commission's estimates that there are about 60,000 operators of PWC. They will need to complete a safe boating course and apply for and receive a safe boating certificate prior to January 1, 2000. After the initial response to the training requirement, the Commission estimates that about 20,000 operators of PWC will seek certification each year. In addition to this paperwork requirement, enforcement of this regulation may result in an increase of applications for duplicate or replacement boating safety certificates, which will have to be carried by operators of PWCs.
G. Fiscal Impact
The proposed amendment will have no adverse fiscal impact on political subdivisions. The proposed amendment will impose some new costs on the Commonwealth, acting through the Commission. Conducting additional boating safety courses will result in some additional costs for time and materials. Many of these courses are conducted by Commission volunteers as well as the United States Coast Guard Auxiliary and the United States Power Squadron, but there will be some additional costs for administrative functions related to the increased number of persons completing boating safety courses, as well as overtime for instructors. We estimate that the additional personnel costs should total about $25,000 per year from the Boat Fund for FY 98-99 and FY 99-2000. After the initial response to the training requirements, the annual additional personnel costs should be about $10,000 per year. The additional costs for course materials will total about $7,500 per year for FY 98-99 and FY 99-2000 and $5,000 per year thereafter. In addition, issuance of approximately 50,000 additional boating safety certificates will impose additional costs of about $20,000 in FY 98-99 and $30,000 in FY 99-2000. Thereafter, the cost of printing, issuing and distributing certificates should level off at about $15,000 per year. All the costs described previously will be paid from the Boat Fund, a special fund administered by the Commission.
The proposed amendment will also impose additional costs on the private sector. Although the number of power boats registered as rental boats by boat liveries totals only about 100 in the entire Commonwealth, those businesses that rent PWCs will face a reduction in business at least in the initial stages of implementation of the mandatory education requirement. If a person cannot rent a PWC unless the person has first completed a boating safety course, some potential customers may be discouraged from renting the watercraft.
The proposed amendment will impose additional costs on the general public. Many boating safety courses are free, but some providers do charge a fee to take a course. It is expected that the private sector (community colleges, private schools, and the like) will come forward to meet some of the demand for boating safety courses and that these costs will be passed on to the members of the general public who take a course.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the proposed amendment to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, within 60 days of publication of this notice in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically at regulations@fish.state.pa.us. A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
PETER A. COLANGELO,
Executive DirectorFiscal Note: 48A-78. (1) Boat Fund; (2) Implementing Year 1998-99 is $52,500; (3) 1st Succeeding Year 1999-00 is $62,500; 2nd Succeeding Year 2000-01 is $30,000; 3rd Succeeding Year 2001-02 is $30,000; 4th Succeeding Year 2002-03 is $30,000; 5th Succeeding Year 2003-04 is $30,000; (4) Fiscal Year 1997-98$N/A; Fiscal Year 1996-97$N/A; Fiscal Year 1995-96$N/A; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 109. SPECIALTY BOATS AND WATERSKIING ACTIVITIES § 109.3. Personal watercraft.
* * * * * (h) [A person 15 years of age or younger may not operate a personal watercraft on the waters of this Commonwealth, except a person 12 to 15 years of age may operate a personal watercraft if there is a person at least 18 years of age on board the personal watercraft or if the person operating the personal watercraft has obtained a boating safety certificate issued or recognized by the Commission and there are no passengers on board the personal watercraft.] Effective January 1, 2000, a person may not operate a personal watercraft on the waters of this Commonwealth unless the person has obtained a Boating Safety Education Certificate as defined in § 91.6 (relating to certificates).
[Pa.B. Doc. No. 98-632. Filed for public inspection April 24, 1998, 9:00 a.m.]
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