RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 91]
Boating Safety Education Certificates
[30 Pa.B. 5016] The Fish and Boat Commission (Commission) by this order amends Chapter 91 (relating to general provisions). The Commission is publishing this amendment under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The amendments relate to Boating Safety Education Certificates.
A. Effective Date
The amendment will go into effect upon publication of an order adopting the amendments in the Pennsylvania Bulletin.
B. Contact Person
For further information on the amendment, contact 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 website (http://www.fish.state.pa.us).
C. Statutory Authority
The 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 relating to boating. The specific purpose of the amendment is described in more detail under the summary of changes. The Commission's Boating Advisory Board (Board) considered the amendment and recommended final adoption by the Commission.
E. Summary of Changes
Beginning January 1, 2000, all operators of personal watercraft (PWC) are required to have a Boating Safety Education Certificate in their possession while operating a PWC. In that regard, the Commission believed that there may have been some confusion concerning the interpretation of the existing definition of a ''Boating Safety Education Certificate'' in § 91.6 (relating to certificates). Specifically, there was concern that the then current regulation did not clearly identify what is required of PWC operators depending on their state of residence. The Commission, therefore, has amended this section. The amendments do not change the intent of the prior regulation. The new language merely clarifies that a resident of this Commonwealth, when required to carry a Boating Safety Education Certificate, must 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 an organization that has been designated by the Executive Director. These organizations must have had prior approval of the National Association of State Boating Law Administrators.
During the review of the proposed amendment, it was suggested that it would be desirable to clarify several provisions. Subsection (c) relates to the requirement that Boating Safety Education Certificates be carried onboard and presented to an officer. As currently worded, it applies only to PWCs. The Board pointed out that current regulations in § 91.4 (relating to age of operator) require youth (ages 12-15) to have a Boating Safety Education Certificate in possession and that pending legislation may extend the requirement for mandatory boating education. Accordingly, on final rulemaking, the Commission reworded subsection (c) to make it unlawful to operate any boat or watercraft (not just PWCs) without a Boating Safety Education Certificate onboard when the operator of the boat or watercraft is required by law or regulation to possess one.
In addition, it was suggested that this regulation should contain some mention of temporary boating safety certificates. Although temporary certificates are mentioned in the regulation on PWCs in § 109.3 (relating to personal watercraft), there is no general provision relating to temporary certificates. Persons who complete boating safety education courses routinely are issued temporary certificates that are good for 90 days. Therefore, on final rulemaking, the Commission added subsection (d) to provide for temporary boating safety education certificates.
F. Paperwork
The amendments will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendments will impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking was published at 30 Pa.B. 1874 (April 8, 2000). The Commission did not receive any public comments regarding the proposal.
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 in 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided and no comments were received.
(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 91, are amended by amending § 91.6 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: Fiscal Note 48A-106 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 91. GENERAL PROVISIONS § 91.6. Boating Safety Education Certificates.
(a) 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. When the operator of a boat or watercraft is required by law or regulation to possess a Boating Safety Education Certificate, it is unlawful to operate the boat or watercraft on the waters of this Commonwealth without carrying onboard the Boating Safety Education Certificate issued to the operator. A Boating Safety Education Certificate shall be carried so that it can be presented to an officer authorized to enforce this subpart.
(d) Temporary certificate. The Executive Director or a designee may authorize the issuance of temporary Boating Safety Education Certificates to persons who successfully complete boating safety education courses approved by the Commission. Temporary Boating Safety Education Certificates expire when the permanent certification is issued or 90 days after issuance, whichever occurs first.
[Pa.B. Doc. No. 00-1662. Filed for public inspection September 29, 2000, 9:00 a.m.]
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