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PA Bulletin, Doc. No. 00-602

PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 91]

Boating Safety Education Certificates

[30 Pa.B. 1874]

   The Fish and Boat Commission (Commission) proposes to amend Chapter 91 (relating to general provisions). The Commission is publishing this amendment as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). This proposed amendment relates to Boating Safety Education Certificates.

A.  Effective Date

   This proposed amendment, if approved on final rulemaking, will go into effect upon publication of an order adopting the amendment in the Pennsylvania Bulletin.

B.  Contact Person

   For further information on this proposed amendment, 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 website (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

   This proposed amendment is designed to update, modify and improve Commission regulations relating to boating. The specific purpose of this proposed amendment is described in more detail under the summary of proposal. The Commission's Boating Advisory Board will provide input to the Commission regarding the proposed change prior to the Commission's consideration of them on final rulemaking.

E.  Summary of Proposal

   Beginning January 1, 2000, all operators of personal watercraft (PWC) must have a Boating Safety Education Certificate in their possession while operating a PWC. In that regard, the Commission believes that there may be some confusion concerning the interpretation of the existing definition of a ''Boating Safety Education Certificate'' in § 91.6 (relating to certificates). Specifically, there is concern that the current regulation does not clearly identify what is required of PWC operators depending on their state of residence. The Commission, therefore, proposes to amend the section to read as set forth in Annex A. This proposed amendment does not change the intent of the existing regulation. The new language merely clarifies that a resident of this Commonwealth, when required to carry a Boating Safety Education Certificate, shall have one issued by the Commission, another state or Canadian province. The language further clarifies that for nonresidents, the certificate may be issued by a governmental agency or any organization that has been designated by the Executive Director. These organizations shall have had prior approval of the National Association of State Boating Law Administrators.

F.  Paperwork

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

G.  Fiscal Impact

   This proposed amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. This 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 proposal 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. In addition, all electronic comments shall be contained in the text of the transmission, not in an attachment. 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-106. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART II.  FISH AND BOAT COMMISSION

Subpart C.  BOATING

CHAPTER 91.  GENERAL PROVISIONS

§ 91.6.  Boating Safety Education Certificates.

   (a)  [A certificate, license or other document required under this subpart or the code shall be carried when the boat is in operation and shall be carried so that it can be handed to an officer authorized to enforce this subject.

   (b)  A Boating Safety Education Certificate is one issued to an individual by one of the following:

   (1)  The Commission or another state or province for successful completion of a boating safety education program approved by the Commission and the National Association of State Boating Law Administrators.

   (2)  The United States Coast Guard Auxiliary or the United States Power Squadrons or other organizations approved by the Executive Director in another state or province for successful completion of a boating safety education program approved by the National Association of State Boating Law Administrators.]

   Definition.

   (1)  For residents of this Commonwealth, a Boating Safety Education Certificate is one issued to an individual by the Commission, another state or Canadian province. Upon proper application, the Commission may issue a Boating Safety Education Certificate to a resident of this Commonwealth who successfully completes a course offered by an organization designated by the Executive Director.

   (2)  For nonresidents, a Boating Safety Education Certificate is one issued to an individual who successfully completes a course offered by the Commission, another state, a Canadian province or an organization designated by the Executive Director.

   (b)  Designation. The Executive Director may designate, by notice, organizations that offer boating safety education courses that are acceptable for residents, nonresidents, or both.

   (c)  Certificate possession. It is unlawful to operate a personal watercraft on the waters of this Commonwealth without carrying onboard the Boating Safety Education Certificate issued to the operator of the personal watercraft. A Boating Safety Education Certificate shall be carried so that it can be handed to an officer authorized to enforce this subpart.

[Pa.B. Doc. No. 00-602. Filed for public inspection April 7, 2000, 9:00 a.m.]


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