RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 117]
Boat Rental Businesses
[30 Pa.B. 1652] The Fish and Boat Commission (Commission) by this order amends Chapter 117 (relating to boat rental businesses). The Commission is publishing these amendments under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The amendments relate to livery operators.
A. Effective Date
The amendments will go into effect upon publication of this order adopting the amendments in the Pennsylvania Bulletin.
B. Contact Person
For further information on the amendments, 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 (http://www.fish.state.pa.us).
C. Statutory Authority
The amendments are published under the statutory authority of section 5122 of the code (relating to registration, licenses, permits, plates and statistics).
D. Purpose and Background
The amendments are designed to update, modify and improve Commission regulations relating to boat rental businesses. The specific purpose of the amendments is described in more detail in the next section.
E. Summary of Changes
At the July 1998 meeting, the Commission adopted a regulation that requires operators of personal watercraft to obtain and carry a Boating Safety Education Certificate when operating their craft. That regulation also authorized and directed staff to prepare guidelines that provide for the issuance of temporary certificates to operators of rental boats and purchasers of new boats.
To properly manage the issuance of temporary certificates by liveries, the Commission must identify these businesses and provide an enforceable mechanism to provide terms and conditions for the operators of the liveries. The code authorizes the Commission to promulgate special provisions applicable to operators of boat liveries, and the Commission proposed to exercise this authority by requiring most active liveries to obtain an annual livery operator's permit.
A notice of proposed rulemaking was published at 29 Pa.B. 2678 (May 22, 1999), and the Commission subsequently extended the public comment until September 10, 1999. At its meeting on September 27, 1999, the Commission voted to defer action on the proposal until January, 2000, to allow staff an opportunity to redraft the amendments to address public comments, to share the redraft with livery operators, to ask the Commission's Boating Advisory Board to consider the redraft at its fall 1999 meeting and to solicit additional public comments until November 30, 1999.
Taking into account the public comments that were received, staff redrafted the proposal removing all references to an annual livery operator's permit. The Boating Advisory Board (Board), at its fall meeting, considered the redraft of the proposed amendments and recommended adoption by the Commission with a modification to § 117.3(d) to clarify the size of the letters. The Commission subsequently adopted the amendments, as redrafted by its staff and with the change recommended by the Board. These amendments, to read as set forth in Annex A, represent a clarification and simplification of the Commission's prior regulations in Chapter 117.
G. Fiscal Impact
The amendments will have a slight fiscal impact on the Commonwealth in that the Commission will incur relatively modest costs associated with printing posters and other written educational materials. The Commission estimates that the educational materials to be supplied to the liveries will cost approximately $1,000 per year. The amendments will impose no new costs on political subdivisions, the private sector or the general public.
H. Public Involvement
As stated, a notice of proposed rulemaking was published at 29 Pa.B. 2678, and the Commission subsequently extended the public comment until September 10, 1999. At its meeting on September 27, 1999, the Commission voted to defer action on the proposal until January 2000, to allow staff an opportunity to redraft the amendments to address public comments, to share the redraft with livery operators, to ask the Board to consider the redraft at its fall 1999 meeting and to solicit additional public comments until November 30, 1999.
During the various public comment periods, the Commission received 60 comments concerning the proposal. Copies of all public comments have been provided to the Commissioners. The majority of the public comments either opposed the proposed amendments in their entirety (particularly, the annual permit requirement) or objected to their application to nonpowered boat rental businesses. Many of the comments that were received prior to the September 1999 Commission meeting asked the Commission to table consideration of the proposal until the proposed amendments were rewritten to address the public's concerns.
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 the comments received were considered.
(3) The adoption of the amendments 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 117, are amended by amending §§ 117.1--117.4 to read as set forth at 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: 48A-90. (1) Boat Fund; (2) Implementing Year 1999-00 is $1,000; (3) 1st Succeeding Year 2000-01 is $1,000; 2nd Succeeding Year 2001-02 is $1,000; 3rd Succeeding Year 2002-03 is $1,000; 4th Succeeding Year 2003-04 is $1,000; 5th Succeeding Year 2004-05 is $1,000; (4) Fiscal Year 1998-99 $n/a; Fiscal Year 1997-98 $n/a; Fiscal Year 1996-97 $n/a; (7) General Government Operations; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 117. BOAT RENTAL BUSINESSES § 117.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Boat livery--A commercial enterprise (person, partnership, corporation or other legal entity) that rents or leases rental boats to other persons for use on the waters of this Commonwealth.
Boat rental business--A boat livery.
Boat rental transaction--The exchange of consideration in the form of money, goods or services for the use of a rental boat for a period of time.
Livery operator--The owner or lessee of a boat livery and employes and other persons authorized to act on behalf of the boat livery.
Rental boat--A vessel propelled by oars, paddles, sail or power, rented or leased in this Commonwealth.
(i) The term includes canoes, kayaks, inflatable boats, rowboats, sailboats, personal watercraft and other motorboats.
(ii) The term does not include inner tubes or similar devices not considered to be boats under this title.
§ 117.2. Inspections.
(a) A livery operator shall inspect its rental boats on a regular basis and shall maintain its rental boats in good repair. It is unlawful for a livery operator to rent or use a rental boat that is not in good repair and serviceable condition.
(b) A livery operator shall permit inspection of equipment, facilities and documentation required by this chapter by a waterways conservation officer or other officer authorized to enforce the code.
(c) A livery operator shall correct deficiencies noted by a waterways conservation officer or other officer authorized to enforce the code within 2 weeks of notification. If the deficiency involves equipment, the livery may not use the equipment until the deficiency is corrected.
§ 117.3. Responsibilities.
(a) It is unlawful for a livery operator to permit a rental boat to depart from the boat rental business without the equipment required by this title for the type of boat being rented.
(b) A livery operator shall offer to all persons renting boats an orientation/introduction to boating safety and conditions, including a review of the laws and regulations applicable to the type of boat being rented and the waters on which the boat will be used. The Executive Director will provide guidance in the preparation of this orientation. Persons who produce a Boating Safety Education Certificate issued or approved by the Commission under § 91.6 (relating to certificates) are exempt from review.
(c) Boat rental transactions shall be made using a written agreement, specifying the name and address of the lessee, the number of persons in the lessee's party and date of departure.
(d) Livery boats shall be clearly marked on both sides for easy identification of the business. Each boat shall be marked with letters, numbers or decals at least 3 inches tall.
(e) A livery operator shall only rent boats that meet or exceed minimum United States Coast Guard requirements for boats of that type. Rental boats shall be of a design and material suitable for their intended use.
(f) A livery operator shall submit a boating accident report for all reportable accidents involving one or more of the rental boats in accordance with Chapter 101 (relating to boating accidents). This requirement is in addition to the requirement that the operator of the boat file a boating accident report.
(g) It is unlawful for a livery operator to rent or use a boat in excess of its capacity as set forth by the manufacturer for the total number of passengers, total weight or maximum horsepower.
§ 117.4. Personal watercraft liveries.
(a) A livery operator that rents personal watercraft shall verify that operators of rented personal watercraft comply with § 109.3 (relating to personal watercraft) and the guidelines on providing education and training issued by the Executive Director. A livery operator that rents personal watercraft also shall verify that operators of rented personal watercraft either possess a permanent Boating Safety Education Certificate or have obtained a temporary Boating Safety Education Certificate from the personal watercraft livery.
(b) A personal watercraft livery shall take measures to oversee the operation of rented personal watercraft by persons who possess only a temporary Boating Safety Education Certificate. These measures shall include one of the following:
(1) The designation of a specified, marked area of operation for rented personal watercraft.
(2) The provision of qualified observers employed by the livery to directly observe the operation of rented personal watercraft. No more than seven personal watercraft may be under the observation of a single observer at any one time. Qualified observers shall be at least 16 years of age, have at least 10 hours of experience operating personal watercraft and have successfully completed the requirements for a permanent Boating Safety Education Certificate. The permanent Boating Safety Education Certificate shall be in the observer's possession when performing duties under this paragraph.
[Pa.B. Doc. No. 00-525. Filed for public inspection March 24, 2000, 9:00 a.m.]
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