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PA Bulletin, Doc. No. 98-1058

PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 93]

Boating

[28 Pa.B. 3057]

   The Fish and Boat Commission (Commission) proposes to amend Chapter 93 (relating to boat registration and numbering). 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 deals with boating.

A.  Effective Date

   The proposed amendment 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

   These proposed amendment is published under the statutory authority of section 5123 of 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. Prior to consideration by the Commission on final rulemaking, the Commission's Boating Advisory Board will consider the proposed amendment and make a recommendation to the Commission regarding adoption.

E.  Summary of Proposal

   Section 93.5 (relating to display of registration number and validation decal). The Commonwealth has adopted the use of color coded validation decals to identify boats that possess current registrations. The use of validation decals is authorized by the Federal regulations that outline the content and form of state registration systems. At the inception of the Commonwealth's validation decal, the Commission's regulations required that the decal be displayed 3 inches behind the registration number. Several years ago an amendment was approved to allow this decal to be 3 to 6 inches from the number.

   33 CFR 174.15 states:

(a)  If a state issues validation stickers, its numbering system must contain the requirements that stickers must be displayed within six inches of the number and the stickers must meet the requirements in paragraph (b) and (c) of this section.
(b)  Validation stickers must be approximately 3 inches square.
(c)  The year in which each validation sticker expires must be indicated by the colors blue, international orange, green and red in rotation beginning with blue for stickers that expire in 1973.

   The Commission's regulation currently conforms with these standards but are more strict than required for the display of validation decals. Because the important feature of this regulation is that the decal be displayed and not the exact location of the decal, the Commission proposes to broaden the language of this regulation to allow display anywhere within 6 inches of the number.

F.  Paperwork

   The proposed amendment will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

   The proposed amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed amendment will impose no new costs on the private sector or the general public.

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 30 days after 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 Director

   Fiscal Note: 48A-81. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART II.  FISH AND BOAT COMMISSION

Subpart C.  BOATING

CHAPTER 93.  BOAT REGISTRATION AND NUMBERING

§ 93.5.  Display of registration number and validation decal.

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   (b)  A set of two color-coded validation decals will be issued for display with each registration number. The decal shall be displayed [at least 3 but no more than 6 inches following the last letter of the registration number's suffix] within 6 inches of the registration number and on a level with the number. The decals shall be approximately 3 inches by 3 inches and color-coded to indicate the registration period. Registration numbers and validation decals shall be displayed in the following manner: PA 12 AM [  ] or [  ] PA 12 AM. A validation decal may be displayed prior to April 1 of the period for which it is issued.

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[Pa.B. Doc. No. 98-1058. Filed for public inspection July 2, 1998, 9:00 a.m.]


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