RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 109]
Operation of Personal Watercraft
[28 Pa.B. 5884] The Fish and Boat Commission (Commission) by this order amends § 109.3 (relating to personal watercraft). The Commission is publishing this amendment under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendment relates to the operation of personal watercraft (PWC).
A. Effective Date
This amendment will go into effect upon publication of this order adopting the amendment.
B. Contact Person
For further information on the amendment, contact John F. Simmons, Director, Bureau of Boating and Education (717) 657-4538 or Laurie E. Shepler, Assistant Counsel (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This final rulemaking is available electronically through the Commission's Web site at http://www.fish.state.pa.us.
C. Statutory Authority
This amendment is published under the statutory authority of section 5123 of the code (relating to general boating regulations).
D. Purpose and Background
The amendment is designed to update, modify and improve Commission regulations pertaining to boating. The specific purpose of the amendment is described in more detail under the summary of changes.
E. Summary of Changes
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.
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 the 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 published a notice of proposed rulemaking, proposing 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 the person has obtained a Boating Safety Education Certificate.
On final rulemaking, the Commission adopted the amendment on boating safety education certification for operators of PWCs as set forth in Annex A, effective January 1, 2000, with no exceptions based on the age of the operator. It is the intent of the Commission that there be no extension of the January 1, 2000, deadline for operators of PWCs to obtain Boating Safety Education Certificates. In addition, the Commission, on final rulemaking, added language to address the concerns voiced by boat rental businesses and dealers. There appears to be a need to provide for issuance of temporary Boating Safety Education Certificates to operators of newly purchased PWCs after some training and completion of a written test. Staff are working on some more extensive proposed changes to the regulations on boat rental businesses to accommodate these new requirements. A proposed rulemaking on this subject should be ready for Boating Advisory Board (Board) and Commission review by the fall 1998 meetings. In addition, staff will present a draft of proposed rulemaking on temporary Boating Safety Education Certificates at the fall meetings.
F. Paperwork
The 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 estimate is that there are about 60,000 operators of PWCs. They will need to complete a safe boating course and apply for and receive a Boating Safety Education Certificate prior to January 1, 2000. After the initial response to the training requirement, the Commission estimates that about 20,000 operators of PWCs will seek certification each year. In addition to this paperwork requirement, enforcement of this amendment may result in an increase of applications for duplicate or replacement Boating Safety Education Certificates, which will have to be carried by operators of PWCs.
G. Fiscal Impact
The amendment will have no adverse fiscal impact on political subdivisions. The 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. The Commission estimates 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 Education 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. The Commission also expects to incur modest printing costs (less than $1,000 per year) for the issuance of temporary Boating Safety Education Certificates to operators of newly purchased PWCs. All of the costs described previously will be paid from the Boat Fund, a special fund administered by the Commission.
The amendment also will 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 State, 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 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 Involvement
A notice of proposed rulemaking containing the amendment was published at 28 Pa.B. 1954 (April 25, 1998). The Commission allowed for an extended public comment period of 60 days instead of the usual 30-day public comment period. Before and during the public comment period, the Commission received 76 written comments on the proposed requirement that PWC operators possess a Boating Safety Education Certificate. Thirty-two of the comments are generally in favor of the proposal. Thirty-three suggested that this requirement should apply to all boaters; some of these comments suggested that the amendment was discriminatory toward PWC users and, if it became law, should apply to all motorboat operators. Eleven commentators have miscellaneous observations or have expressed reservations or opposition to some aspects of the proposal. Most of the reservations concern the impacts on rental watercraft. Copies of all public comments were provided to the Commissioners.
In addition, a public hearing to solicit additional public comments was held on June 23, 1998, in Harrisburg. Seven persons provided comments during this hearing. Comments were generally in favor of the proposed amendment, as long as boat liveries and boat dealers are given some opportunity to provide training and temporary certification. A copy of the hearing transcript was provided to the Commissioners.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendment adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided and that all comments received were considered.
(3) The adoption of the amendment of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.
Order
The Commission, acting under the authorizing statutes, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 93, are amended by amending § 109.3 to read as set forth in Annex A.
(b) The Executive Director will submit this order and Annex A to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
PETER A. COLANGELO,
Executive DirectorFiscal Note: Fiscal Note 48A-78 remains valid for the final adoption of the subject regulation.
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.
(a) As used in this section, ''personal watercraft'' means a boat less than 16 feet in length which:
(1) Uses an internal combustion motor powering a water jet pump as its primary source of motive propulsion.
(2) Is designed to be operated by a person sitting, standing or kneeling rather than in the conventional manner of boat operation.
(b) It is unlawful for a person to operate, or be a passenger onboard, a personal watercraft on the waters of this Commonwealth unless the person is wearing a Type I, II, III or V United States Coast Guard approved personal flotation device. Inflatable personal flotation devices may not be used to meet this requirement.
(c) A person operating a personal watercraft equipped by the manufacturer with a lanyard type engine cutoff switch shall attach the lanyard to his person, clothing or personal flotation device as appropriate for the specific vessel.
(d) A person may not operate a personal watercraft between sunset and sunrise.
(e) Subsections (b) and (c) do not apply to a performer participating in a permitted regatta, race, marine parade, tournament or exhibition or to a person preparing to participate in the event at the location and within 48 hours prior to the event.
(f) A rental business may not lease, hire or rent a personal watercraft to or for use by a person who is 15 years of age or younger.
(g) The operator of a personal watercraft with a capacity of two or less persons as determined by the manufacturer, may not tow water skiers or engage in water skiing or similar activities while operating a personal watercraft. Other personal watercraft may tow no more than one skier.
(h) Except as otherwise provided in this subpart, on or after 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).
(1) The Executive Director may authorize boat rental businesses to issue temporary boating safety education certificates, effective for the period of rental only, to operators of rental personal watercraft if the boat rental business and the operator comply with the requirements governing the rental of personal watercraft and the operation of personal watercraft rental businesses as defined in Chapter 117 (relating to boat rental business).
(2) The Executive Director may authorize issuance of temporary boating safety education certificates to operators of newly purchased personal watercraft upon completion of training and examination the Executive Director may require.
(3) New purchasers of personal watercraft and members of their immediate families may be eligible for issuance of temporary certificates, which shall be valid for at least 90 and no more than 180 days from the date of purchase.
[Pa.B. Doc. No. 98-1983. Filed for public inspection December 4, 1998, 9:00 a.m.]
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