PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 101, 109, 111 AND 115]
Boating
[32 Pa.B. 3490] The Fish and Boat Commission (Commission) proposes to amend Chapters 101, 109, 111 and 115. The Commission is publishing these amendments as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed amendments relate to boating.
A. Effective Date
The proposed amendments will go into effect on January 1, 2003, or upon publication of an order adopting the amendments in the Pennsylvania Bulletin, whichever occurs later.
B. Contact Person
For further information on the proposed amendments, contact Laurie E. Shepler, Assistant Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This proposed rulemaking is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The proposed amendments to §§ 101.2 and 109.3 (relating to reportable boating accidents; and personal watercraft) are published under the statutory authority of section 5123 of the code (relating to general boating regulations). The proposed amendment to § 111.2 (relating to Allegheny County) is published under the statutory authority of section 5124 of the code (relating to particular areas of water). The proposed amendments to §§ 115.4, 115.8 and 115.9 (relating to annual safety inspections; personnel requirements of passenger carrying boats; and licenses for operators) are published under the statutory authority of section 5122 of the code (relating to registrations, licenses, permits, plates and statistics).
D. Purpose and Background
The proposed amendments are designed to update, modify and improve the Commission's regulations pertaining to boating. The specific purpose of the proposed amendments is described in more detail under the summary of proposal. The Commission's Boating Advisory Board (BAB) considered all of the proposals and recommended that the Commission publish a notice of proposed rulemaking. With regard to the proposed amendment to § 111.2, BAB also requested that the Commission hold a public meeting in the Pittsburgh, PA area on a weeknight during the boating season to give the public an additional opportunity to comment.
E. Summary of Proposal
(1) Section 101.2. The United States Coast Guard has raised the threshold of property damage for reportable accidents involving recreational vessels. Prior to this change, the Coast Guard's regulations, like the Commission's, required a boating accident to be reported when damage to the vessel and other property totaled more than $500 or there was a complete loss of the vessel. The National Association of State Boating Law Administrators (NASBLA) successfully persuaded the Coast Guard to increase the amount of damage to $2,000.
If the Commission were to adopt this change, there would be less paperwork required by the public to report a loss. It also would reduce the amount of recordkeeping by the Bureau of Law Enforcement and the Bureau of Boating and Education. In 2001, 90 recreational boating accidents were reported to the Commission. If the Commission had been using the new criteria of $2,000 or more, there would have been 74 reportable accidents, a reduction of 18%. In 2000, the change would have been less dramatic. There were 90 accidents reported. With the new criteria, there would have been eight fewer reportable accidents, a reduction of 9%. The Commission proposes to amend this section to read as set forth in Annex A.
(2) Section 109.3. NASBLA has a model act for personal watercraft that includes a definition of the term ''personal watercraft.'' The definition is very similar to the existing definition in the Commission's regulations and to those enacted by other states. The Commission's current definition, however, is vague when it refers to the position of the operator (rather than in the conventional manner of boat operation). The NASBLA model act is clearer and does not change ''spirit'' or the intent of the existing Commission regulation. In addition, recent developments in boat design continue to make clarification necessary so that boat operators and the Commission's officers clearly understand the legal requirements for all boats. The Commission, accordingly, proposes to amend the definition to read as set forth in Annex A.
(3) Section 111.2. On February 15, 2002, the Commission received a petition from ''Boaters are Voters,'' Pittsburgh, PA. The petition requests an extension of the existing slow, minimum height swell speed zone currently in place at the ''Point'' in Pittsburgh, PA to encompass the area between the Fort Duquesne and Sixth Street Bridges, a distance of about 1,500 feet. The petition was accompanied by letters of support from 6 organizations and petition sheets with 291 signatures.
Under § 51.6 (relating to petitions or requests for regulations), petitions are reviewed by Commission staff to ensure that the requested regulatory changes are complete, do not conflict with Commonwealth or Federal law and are within the Commission's jurisdiction. Commission staff have determined that these conditions have been met and, accordingly, have accepted the petition. Because Commission staff were made aware of the petitioners' concerns during the 2001 boating season, preliminary investigation of the need for this regulation was commenced in 2001. Additionally, the request involves only the extension of a current regulated zone and is not a new regulation. With this information in hand, Commission staff believe that a full staff report is unnecessary and recommended to the Commission that the petition go directly to the proposed rulemaking phase. Accordingly, the Commission proposes to amend this section to read as set forth in Annex A.
(4) Sections 115.4, 115.8 and 115.9. A recent review of Chapter 115 (relating to boats carrying passengers for hire) has revealed that minor changes are needed to correct some of the problems and concerns that occur for owners and operators of passenger carrying vessels and the inspectors of these vessels. In § 115.4(a) and (d), the Commission proposes amendments to make it clear that when the inspector arrives on the agreed date of inspection, the vessel must be completely ready for inspection and a current certificate of insurance must be presented to the inspector. Too often, vessels are not ready for inspection and certificates of insurance are late or never forwarded by the insurance companies.
The Commission also proposes to amend § 115.8 to provide accommodations for persons with physical limitations. Recently, the owner of a passenger carrying vessel requested certification as a passenger for hire operator. A doctor had certified that the individual is physically qualified to operate a passenger carrying vessel in accordance with the Commission's current standards. The individual's physical limitations, however, would prohibit the individual from handling mooring lines, associated equipment and certain emergencies without assistance. These limitations would not interfere with the actual operation of the vessel.
The fee requirement in § 115.9(a) is redundant because § 115.9(c) already requires that the applicable fee be attached to the application. Thus, the Commission proposes that it be deleted. The Commission also proposes to amend § 115.9(d) to be more specific concerning examination requirements for the oral and practical test. Current regulations require a Boating Safety Education Certificate for crewmembers but not the operator. Accordingly, the Commission proposes to amend these sections to read as set forth in Annex A.
F. Paperwork
The proposed amendments will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed amendments 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 amendments 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 to ra-pfbcregs@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 must 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 DirectorFiscal Note: 48A-128. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 101. BOATING ACCIDENTS § 101.2. Reportable boating accidents.
Boating accidents shall be reported when one or more of the following conditions exist:
* * * * * (3) Damage to [the vessel] vessels and other property totals [more than $500] $2,000 or more or there is a complete loss of [the] any vessel.
* * * * *
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 meets the following conditions:
* * * * * (2) Is designed to be operated by a person sitting, standing, or kneeling on, rather than [in the conventional manner of boat operation] being operated by a person sitting or standing inside the vessel.
* * * * *
CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.2. Allegheny County.
* * * * * (c) Allegheny, Monongahela and Ohio Rivers. (City of Pittsburgh). Boats are limited to slow, minimum height swell speed from the Fort Pitt Bridge over the Monongahela River and the [Fort Duquesne Bridge] Sixth Street Bridge over the Allegheny River to the West End Bridge over the Ohio River. This zone shall be in effect on weekends from May 1 to October 1 from 3 p.m. Friday until midnight Sunday and from 3 p.m. on the day preceding Memorial Day, July 4 and Labor Day until midnight of the holiday.
* * * * *
CHAPTER 115. BOATS CARRYING PASSENGERS FOR HIRE § 115.4. Annual safety inspections.
(a) [Every] Annual safety inspections are required every year after the year of initial certification. When the vessel is ready for inspection, the owner shall apply for an annual safety inspection in writing to the regional law enforcement office for the region in which the boat is to operate. The application shall be submitted at least 30 days prior to the requested date of inspection. This annual inspection shall be conducted prior to the first commercial use of the boat or within 30 days of the date of issue on the certificate of inspection if the boat operates year round.
* * * * * (d) The owner or a representative shall [forward or cause to be forwarded to the Commission] present on the day of inspection a current certificate of insurance with minimum coverage as described in § 115.2 (b)(2) (relating to initial certification) to the inspector designated by the Commission. [The insurance certificate shall be mailed to the Commission at least 30 days prior to the requested date of the annual safety inspection of the boat.]
§ 115.8. Personnel requirements of passenger carrying boats.
* * * * * (b) It is unlawful to operate a boat carrying passengers for hire without an additional qualified crew member if one of the following conditions exist:
* * * * * (3) The [boat is of a design that the] operator cannot handle the mooring lines or associated equipment without assistance.
(c) To qualify as a crew member, an individual shall meet the following conditions. The individual shall [be]:
(1) [At] Be at least 16 years of age.
(2) [Capable] Be capable of performing the duties required.
(3) [A graduate of an approved safe boating course] Possess a valid Boating Safety Education Certificate.
§ 115.9. Licenses for operators.
(a) Eligibility. Persons, 18 years of age and older, of good character and in good physical condition and who possess a valid Boating Safety Education Certificate are eligible for licensing as operators of passenger-carrying boats [upon payment of the fee specified in section 5104 of the code (relating to fees)].
* * * * * (d) Examination. Persons applying for a license to operate a boat carrying passengers for hire shall pass a professional examination to demonstrate sufficient experience and capabilities to assume the responsibilities for operation of a passenger-carrying boat. Examination will include [both] oral [and written] questions and a practical test of boating skills using the boat--or a boat of identical size and type--for which an operator's license is being requested. [A passing score of 80% is required.] If the applicant does not pass the oral [or written] examination or the practical test, 30 days is required prior to taking a retest. A request for the retest shall be submitted on Form PFBC-292.
* * * * *
[Pa.B. Doc. No. 02-1250. Filed for public inspection July 19, 2002, 9:00 a.m.]
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