Pennsylvania Bulletin

PA Bulletin, Doc. No. 03-2314

RULES AND REGULATIONS

Title 58--RECREATION

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 97]

Corrrective Amendment to 58 Pa. Code Chapter 97

[33 Pa.B. 5925]

   The Fish and Boat Commission has discovered a discrepancy between the agency text of 58 Pa. Code § 97.5 (relating to visual distress signals) and Appendices A and C, as deposited with the Legislative Reference Bureau, and the text published at 24 Pa.B. 4771 (September 24, 1994) and the text which currently appears in the Pennsylvania Code Reporter (Master Transmittal Sheets No. 259, 306 and 313). When the amendments to this chapter were codified, the text of Appendix A should have been deleted, not Appendix C. Additionally, references to Appendix C in § 97.5 should not indicate that Appendix C has been reserved.

   Therefore, under 45 Pa.C.S. § 901: The Fish and Boat Commission has deposited with the Legislative Reference Bureau a corrective amendment to 58 Pa. Code § 97.5 and Appendices A and C. The corrective amendment to 58 Pa. Code § 97.5 and Appendices A and C is effective as of September 24, 1994, the date the defective text was published in the Pennsylvania Bulletin.

   The correct version of 58 Pa. Code § 97.5 and Appendices A and C appears in Annex A.

Annex A

TITLE 58.  RECREATION

PART II.  FISH AND BOAT COMMISSION

Subpart C.  BOATING

CHAPTER 97.  OPERATOR PROVIDED EQUIPMENT

§ 97.5.  Visual distress signals.

   (a)  This section applies only to those boats operating on Lake Erie.

   (b)  A person may not use a boat 16 feet or more in length or a boat carrying six or less passengers for hire unless visual distress signals selected from the list in Appendix C or the alternatives in the number required, are onboard. Devices suitable for day use and devices suitable for night use, or devices suitable for both day and night use, shall be carried.

   (c)  Between sunset and sunrise, a person may not use a boat less than 16 feet in length unless visual distress signals suitable for night use, selected from the list in Appendix C or alternatives in the number required are onboard.

   (d)  When a visual distress signal carried to meet the requirements of subsection (b) or (c) requires a launcher to activate, a United States Coast Guard approved launcher shall also be carried.

   (e)  The persons listed in this subsection need not comply with subsection (b) or (c). Each shall carry onboard the required number of visual distress signals suitable for night use, selected from the list in Appendix C.

   (1)  A person competing in an organized marine parade, regatta, race or similar event.

   (2)  A person using a manually propelled boat.

   (3)  A person using a sailboat of completely open construction, not equipped with propulsion machinery, under 26 feet in length.

   (f)  It is unlawful to operate a boat unless the visual distress signals required by subsection (b) or (c) are readily accessible.

   (g)  It is unlawful to operate a boat unless each signal required by subsection (b) or (c) is in serviceable condition and the service life of the signal, if indicated by a date marked on the signal, has not expired.

   (h)  It is unlawful to do the following:

   (1)  Operate a boat unless the signal required by subsection (b) or (c) is legibly marked with the United States Coast Guard approval number or certification statement as specified in the Federal regulations.

   (2)  Display a visual distress signal on water to which this section applies under any circumstances except a situation in which assistance is needed because of immediate or potential danger to the persons onboard.

APPENDIX A.  (Reserved)

APPENDIX C

DEVICE DESCRIPTION Accepted
For Use Number Required
to be Carried

Number marked on device:

   160.022 Floating Orange Smoke Distress Signals Days only 3

   160.024 Pistol-Projected Parachute Red Flare Distress Signals Day and night¹ 3

   160.036 Hand-Held Rocket-Propelled Parachute Red Flare Distress Signals Day and night 3

   160.037 Hand-Held Orange Smoke Distress Signals Day only 3

   160.057 Floating Orange Smoke Distress Signals Day only 3

   160.066 Distress Signal for Boats, Red Aerial Protechnic Flare Day and night² 3

   160.072 Distress Signal for Boats, Orange Flag Day Only 1

   160.013 Electric Distress Light for Boats Night Only 1

1.  These signals require use in combination with a suitable launching device approved under 46 CFR 160.028 (relating to signal pistols for red distress signals).

2.  These devices may be either self-contained or pistol launched, and either meteor or parachute assisted type. Some of these signals may require use in combination with a suitable launching device approved under 46 CFR 160.028.

[Pa.B. Doc. No. 03-2314. Filed for public inspection December 5, 2003, 9:00 a.m.]

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	DEVICE DESCRIPTION	Accepted For Use	Number Required to be Carried
Number marked on device:
160.022	Floating Orange Smoke Distress Signals	Days only	3
160.024	Pistol-Projected Parachute Red Flare Distress Signals	Day and night¹	3
160.036	Hand-Held Rocket-Propelled Parachute Red Flare Distress Signals	Day and night	3
160.037	Hand-Held Orange Smoke Distress Signals	Day only	3
160.057	Floating Orange Smoke Distress Signals	Day only	3
160.066	Distress Signal for Boats, Red Aerial Protechnic Flare	Day and night²	3
160.072	Distress Signal for Boats, Orange Flag	Day Only	1
160.013	Electric Distress Light for Boats	Night Only	1