PROPOSED RULEMAKING
[58 PA. CODE CHS. 91, 109 AND 117]
Boating
[33 Pa.B. 1482] The Fish and Boat Commission (Commission) proposes to amend Chapters 91, 109 and 117 (relating to general provisions; specialty boats and waterskiing activities; and boat rental businesses). The Commission is publishing the proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The proposed rulemaking, if approved on final-form rulemaking, will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed rulemaking, 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 §§ 91.4, 91.6, 91.7, 109.3 and 117.4 are published under the statutory authority of section 5123 of the code (relating to general boating regulations).
D. Purpose and Background
The proposed rulemaking is designed to update, modify and improve the Commission's regulations pertaining to boating. The specific purpose of the proposed rulemaking is described in more detail under the summary of proposal. The Commission's Boating Advisory Board considered the proposed rulemaking and recommended that the Commission publish a notice of proposed rulemaking containing the proposed amendments.
E. Summary of Proposal
(1) Section 91.4. The act of December 9, 2002 (P. L. 1542, No. 199) (Act 199), which went into effect on February 7, 2003, requires persons born on or after January 1, 1982, to have a Boating Safety Education Certificate to operate a boat propelled by a motor greater than 25 horsepower. As a result of Act 199, certain parts of § 91.6 (relating to Boating Safety Education Certificates) regarding personal watercraft use have become redundant. The proposed amendments eliminate operational requirements for persons 12 to 15 years of age that are redundant with § 109.3(h) (relating to personal watercraft) and Act 199.
Additionally, the current regulations place restrictions on the operation of boats propelled by a motor greater than 10 horsepower. Because Act 199 regulates the use of powerboats based on a horsepower limitation of greater than 25 horsepower, the Commission will retain the current regulations regulating the age-based use of boats powered by motors of 25 horsepower or less.
Accordingly, the Commission proposes to remove the redundant sections and reword the regulation for clarity. The proposed rulemaking does not change the original intent of the regulations, and the current prohibitions remain in effect.
(2) Section 91.6. The current definition of a Boating Safety Education Certificate in this section does not adequately define what information a Boating Safety Education Certificate must contain. Accordingly, the Commission proposes to amend this section to include this information.
In addition, Act 199 establishes that persons who violate the new law commit a summary offense of the second degree, which carries a penalty of $100 or imprisonment not exceeding 20 days. Currently, persons who violate § 91.6 commit a summary offense of the third degree, which carries a penalty of $50. Accordingly, the Commission has designated § 91.6 as being for the protection of the health and safety of persons on boats, towed by boats or on, in or along the waters of this Commonwealth and has promulgated this section in accordance with section 5123(a)(1) of the code. Persons who violate a rule or regulation promulgated under this subsection and paragraph commit a summary offense of the second degree.
(3) Section 91.7. Act 199 requires that the Commission adopt criteria for courses and certificates that are acceptable for the purposes of Act 199. The Commission proposes to add § 91.7 (relating to criteria for courses of instruction in boating safety education) to address this requirement. Under § 91.7, the Commission will accept courses that meet the requirements of the National Association of State Boating Law Administrators (NASBLA). These standards for education courses were developed through a United States Coast Guard grant and meet Nationally accepted education standards for course content. States that incorporate these Nationally accepted standards by adopting NASBLA approval as a minimum requirement assure a degree of uniformity among the states that helps boaters who travel between the states meet the education certification requirements of the states they travel through.
(4) Sections 109.3 and 117.4. Section 109.3(f) and (h)(1) refers to the rental of personal watercraft. Therefore, the Commission proposes that these subsections be moved to § 117.4 (relating to personal watercraft liveries).
Section 109.3(h)(2) and (3) provides for the issuance of temporary Boating Safety Education Certificates for purchasers of new personal watercraft. These provisions were initially intended to help boat buyers who could not readily attend a boating class after they had purchased a boat. Since the Commission promulgated this regulation, the Commission has instituted an Internet and a video course that is acceptable for obtaining a certificate. The provision is no longer needed because boaters are able to obtain their permanent certificates in a reasonable amount of time. Dealers should encourage prospective buyers to review the video or go online while they are making purchase decisions or the boat is being prepared for delivery. Accordingly, the Commission proposes that the provisions for dealer-issued temporary certificates for boat buyers be eliminated.
In addition, the Commission has designated § 109.3 as being for the protection of the health and safety of persons on boats, towed by boats or on, in or along the waters of this Commonwealth and has promulgated this section in accordance with section 5123(a)(1) of the code.
F. Paperwork
The proposed rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking 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 rulemaking 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-140. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 91. GENERAL PROVISIONS § 91.4. Age of operator.
(a) [The following age restrictions apply to the operation of a motorboat propelled by a motor greater than 10 horsepower (other than personal watercraft):
(1)] A person 11 years of age or younger may not operate [such a watercraft] a personal watercraft or a boat propelled by a motor greater than 10 horsepower.
[(2) A person 12 through 15 years of age may not operate such a watercraft unless the person has obtained and has in his possession a Boating Safety Education Certificate or at least one person 16 years of age or older is present onboard.]
(b) [The following age restrictions apply to the operation of personal watercraft:
(1) A person 11 years of age or younger may not operate a personal watercraft.
(2) A person 12 through 15 years of age may not operate a personal watercraft unless he has obtained and has in his possession a Boating Safety Education Certificate.
(3)] A person 12 through 15 years of age may not operate a boat propelled by a motor greater than 10 horsepower unless the person has obtained and has in his possession a Boating Safety Education Certificate or at least one person 16 years of age or older is present onboard.
(c) A person 12 through 15 years of age may not operate a personal watercraft if there are any passengers onboard 15 years of age or younger.
§ 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.]
A Boating Safety Education Certificate is a certificate issued by a state to an individual upon the successful completion of a boating safety education course approved by the Commission and the National Association of State Boating Law Administrators (NASBLA). It shall contain the following information:
(1) Name of the individual
(2) Type of course
(3) Certificate number
(4) Date of issue
(5) Date of birth
(6) Eye color
(7) Hair color
(8) Sex
(9) State of issuance
(10) Whether course is NASBLA-approved
* * * * * § 91.7. Criteria for courses of instruction in boating safety education.
A course of instruction in boating safety education shall meet the National Boating Safety Education Standards of the National Association of State Boating Law Administrators (NASBLA) and shall have received the approval of NASBLA. These standards and procedures for approval may be obtained from NASBLA at 1500 Leestown Road, Suite 330, Lexington, KY 40511 or on the World Wide Web at http://www.nasbla.org/education_standards.htm.
CHAPTER 109. SPECIALTY BOATS AND WATERSKIING ACTIVITIES § 109.3. Personal watercraft.
* * * * * (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] water-skiers or engage in [water skiing] waterskiing or similar activities while operating a personal watercraft. Other personal watercraft may tow no more than one skier.
[(h)] (g) 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 Boating Safety Education 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 60 days from the date of purchase.]
CHAPTER 117. BOAT RENTAL BUSINESSES § 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. The Executive Director may authorize boat liveries to issue temporary Boating Safety Education Certificates, effective for the period of rental only, to operators of rental personal watercraft if the boat livery and the operator comply with the requirements governing the rental of personal watercraft and the operation of boat liveries as defined in this chapter. The Executive Director will establish rules and guidelines for the issuance of temporary certificates.
* * * * * (c) A personal watercraft livery may not lease, hire or rent a personal watercraft to or for use by a person who is 15 years of age or younger.
[Pa.B. Doc. No. 03-512. Filed for public inspection March 21, 2003, 9:00 a.m.]
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