PROPOSED RULEMAKINGS
FISH AND BOAT COMMISSION
[ 58 PA. CODE CHS. 93, 99, 105 AND 109 ]
Boating
[42 Pa.B. 3446]
[Saturday, June 16, 2012]The Fish and Boat Commission (Commission) proposes to amend Chapters 93, 105 and 109 (relating to boat registration and numbering; operational conditions; and specialty boats and waterskiing activities) and delete Chapter 99 (relating to capacity plates). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed amendments modify and update the Commission's boating regulations.
A. Effective Date
The proposed rulemaking, if approved on final-form rulemaking, will go into effect on January 1, 2013.
B. Contact Person
For further information on the proposed rulemaking, contact Wayne Melnick, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's web site at www.fish.state.pa.us.
C. Statutory Authority
The proposed amendments to §§ 93.2 and 93.3 (relating to permanent and temporary registration; and application for boat registration) and the deletion of Chapter 99 are published under the statutory authority of section 5122 of the code (relating to registrations, licenses, permits, plates and statistics). The proposed amendment to § 93.13 (relating to issuing agents) is published under the statutory authority of section 5304 of the code (relating to issuing agents). The proposed amendment to § 93.102 (relating to application procedure and contents of applications for certificates of title) is published under the statutory authority of section 5325 of the code (relating to rules and regulations). The proposed amendments to §§ 105.3 and 109.4 (relating to unacceptable boating practices; and waterskiing, aquaplaning, kiteskiing and similar activities) 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 improve, enhance and update the Commission's administrative and boating regulations. The specific purpose of the proposed amendments is described in more detail under the summary of proposal. On February 8, 2011, the Commission's Boating Advisory Board (BAB) considered each of the proposals and recommended that the Commission approve the publication of a proposed rulemaking containing the proposed amendments.
E. Summary of Proposal
(1) On June 1 and 2, 2011, the United States Coast Guard's (USCG) Boating Safety Division conducted an onsite program review of the Commonwealth's Recreational Boating Safety (RBS) program. Onsite program reviews are used by the USCG to help determine a state's eligibility to receive funding made available under the Recreational Boating Safety Act (46 U.S.C.A. §§ 13101—13110) for the state RBS program.
During the program review, the USCG identified a deficiency that requires corrective action. Specifically, the issuance of a temporary registration certificate and decal that remains valid in excess of 60 days is not in compliance with Federal regulations. Currently, the Commission's regulations allow for temporary boat registrations to be valid for up to 90 days. Failure to correct this deficiency may jeopardize the Commission's eligibility for funding through the USCG-administered RBS program.
The Commission therefore proposes that §§ 93.2 and 93.13 be amended to read as set forth in Annex A.
(2) Due to changing Federal regulations at the time, the Commission made large-scale amendments to its capacity plate regulations in 1975 to conform to Federal regulations. The Commission again made modifications to its capacity plate regulations in 1994 as part of a year-long comprehensive review and update of the Commonwealth's boating regulations.
During the past 2 years, Commission staff have dealt with a number of capacity plate applications and inquiries that have revealed conflicts between the Commission's regulations and Federal regulations. Further research revealed that the Commonwealth is the only state that has capacity plate regulations that differ from Federal regulations and issues capacity plates. The Commission currently processes capacity plate applications for boats registered in this Commonwealth as well as boats registered in other states that may not be operated on waters in this Commonwealth. The Commission utilizes a capacity plate calculator provided by the USCG that was intended to provide guidance to boaters rather than to be used to meet State or Federal regulations. In fact, the USCG recently informed the Commission that it should discontinue its use of the capacity plate calculator for these purposes.
Federal capacity plate requirements apply to manufacturers and are enforced by the USCG. Therefore, it is unnecessary for the Commission to promulgate regulations regarding capacity plate requirements. The Commission therefore proposes that Chapter 99 be deleted. As a result of deleting Chapter 99, the references to capacity plate information in §§ 93.3(2)(x) and 93.102(b)(11), which require applicants to provide capacity plate information for boat registrations and certificates of title, respectively, must also be deleted.
The Commission proposes that Chapter 99 be deleted and §§ 93.3(2)(x) and 93.102(b)(11) be amended to read as set forth in Annex A.
(3) Based on information presented at its February 8, 2011, meeting, the BAB recommended amending §§ 105.3 and 109.4 regarding the operation of boats engaged in the activity of wake surfing. Specifically, the BAB recommended that the Commission adopt a 300-foot slow, no-wake zone for boats engaged in the activity of wake surfing, exclude wake surfing from the 20-foot minimum tow rope requirement, adopt a definition of ''wake surfing'' and allow wake surfing participants to wear a specifically designed wetsuit instead of the USCG-approved personal flotation device.
To date, there have not been propeller strike accidents reported Nationwide for participants in wake surfing activities. Boats with inboard motors are the preferred configuration for wake surfing activity. The propellers of inboard motors are located in front of the boat's transom and pose less risk to a person being towed. Outboard and inboard/outboard motors pose a much greater risk to persons being towed since the propeller is located aft of the transom. Outboards and inboard/outboards used for wake surfing are often trimmed up to create more wake which increases exposure to the propeller. The Water Sports Industry Association has been working with states to encourage the use of ''model language'' in crafting legislation or regulations to protect the safety of towed watersport participants, such as wake surfers. The Commission therefore proposes the adoption of this model language in § 105.3(12) in addition to the changes previously recommended by the BAB to § 105.3(11). Additionally, the Commission proposes the clarification of the 20-foot measurement for tow ropes as being measured from the transom of the boat.
As previously noted, the BAB previously recommended the Commission adopt a 300-foot slow, no-wake zone for boats engaged in the activity of wake surfing. This recommendation was made in an effort to limit disturbance and damage resulting from excessive wakes created by boats engaged in wake surfing activity. However, upon further research of other states' regulations and a United States Naval Academy study on wave height and energy, Commission staff concluded that a 300-foot slow, no-wake zone will provide minimal additional benefits and unnecessarily limit wake surfing activity as compared to a 200-foot slow, no-wake zone. The Commission therefore proposes to add § 109.4(k) to contain additional regulations specific to wake surfing, including a slow, no-wake zone of 200 feet.
The Commission proposes that §§ 105.3 and 109.4 be amended to read as set forth in Annex A.
F. Paperwork
The proposed rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
The proposed rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking will not impose 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 proposed rulemaking in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically by completing the form at www.fishandboat.com/regcomments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt. Electronic comments submitted in any other manner will not be accepted.
JOHN A. ARWAY,
Executive DirectorFiscal Note: 48A-236. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 93. BOAT REGISTRATION AND NUMBERING
Subchapter A. REGISTRATION OF BOATS § 93.2. Permanent and temporary registration.
(a) Boat not previously registered in this Commonwealth.
(1) A person acquiring a boat which has not been previously registered in the person's name in this Commonwealth shall complete an application for boat registration as set forth in § 93.3 (relating to application for boat registration). The applicant will receive a copy of the completed application which will be recognized as the boat's certificate of registration for a period specified in subsection [(d)] (e). This temporary certificate of registration shall be carried on the boat when the boat is in operation and shall be available for inspection by an authorized officer. The new owner will receive a set of temporary validation decals from the authorized issuing agent who will enter the expiration date [(month/year)] (month/day/year), calculated in accordance with subsection [(d)] (e), on the decal. Before the boat is operated, these temporary validation decals shall be displayed on each side of the bow—the front half—of the boat in a position to provide for maximum visibility.
* * * * * (b) Boat previously registered in this Commonwealth but having expired registration.
(1) A person acquiring a boat which has been previously registered in another person's name in this Commonwealth and possesses an expired registration shall complete an application for boat registration as set forth in § 93.3. The applicant will receive a copy of the completed application which will be recognized as the boat's certificate of registration for a period specified in subsection [(d)] (e). This temporary certificate of registration shall be carried on the boat when the boat is in operation and shall be available for inspection by an authorized officer. The new owner will receive a set of temporary validation decals from the authorized issuing agent who will enter the expiration date [(month/year)] (month/day/year), calculated in accordance with subsection [(d)] (e), on the decal. Before the boat is operated, these temporary validation decals shall be displayed on each side of the bow—the front half—of the boat in a position to provide for maximum visibility. If the boat is displaying expired validation decals, the owner or operator shall remove the expired validation decals and replace them with the temporary validation decals. The previously assigned registration number currently on the boat will remain with the boat as long as the boat is registered in this Commonwealth.
* * * * * (c) Boat previously registered in this Commonwealth having current registration.
(1) A person acquiring a boat which has been previously registered in another person's name in this Commonwealth displaying current biannual validation decals shall complete an application for boat registration as set forth in § 93.3. The applicant will receive a copy of the completed application which will be recognized as the boat's certificate of registration for a period specified in subsection [(d)] (e). This temporary certificate of registration shall be carried on the boat when the boat is in operation and shall be available for inspection by an authorized officer. The new owner will receive a set of temporary validation decals from the authorized issuing agent who will enter the expiration date [(month/year)] (month/day/year), calculated in accordance with subsection [(d)] (e), on the decal. Before operating the boat on the waters of this Commonwealth, the owner or operator shall remove the prior validation decals and replace them with the temporary validation decals. The previously assigned registration number will remain with the boat as long as the boat is registered in this Commonwealth. It is unlawful for a person acquiring a boat described in this subsection to operate the boat on the waters of this Commonwealth until the registration is transferred to the new owner as provided in this section.
* * * * * (e) Temporary decals. The temporary validation decals are valid [until the last day of the second month after the date of issuance of the decal, which date will be not less than 60 nor more than 90 days after issuance of the decal] for 60 days including the date of issuance. The owner or operator shall ensure that the temporary validation decals are removed and the biannual validation decals, when received from the Commission, are displayed in place of the temporary validation decals. The temporary validation decal shall display the date on which it expires in the following format: [''Expires last day of (month)/(year).''] ''Expires (month)/(day)/(year).'' The authorized issuing agent shall enter the expiration date [(month/year)] (month/day/year) on the decal.
* * * * * § 93.3. Application for boat registration.
(a) New registration. Application for a boat registration for a new boat or a used boat that was not previously registered in this Commonwealth shall conform with the following:
* * * * * (2) Required information. The applicant shall provide the following information on the application (REV-336) for a boat registration:
* * * * * (x) [The capacity plate information.
(xi)] The temporary validation decal number, if one was issued.
[(xii)] (xi) The primary usage such as, pleasure, rental/livery, manufacturer/dealer/jobber, commercial passenger, and the like.
[(xiii)] (xii) A certificate of ownership. For initial registration in this Commonwealth this shall be supported by title, bill of sale, a complete Form PFBC-734 ''Affidavit of Purchase/Ownership'' or other positive proof of ownership.
[(xiv)] (xiii) The date the applicant completed the form.
[(xv)] (xiv) The signature of the owners and certification, under penalty of law, that they are the owners of the boat and that the information contained in the application is true and correct.
[(xvi)] (xv) Complete Sales and Use Tax information.
[(xvii)] (xvi) The date of birth of the primary registrant.
* * * * * § 93.13. Issuing agents.
* * * * * (f) Issuance of temporary boat registrations.
* * * * * (7) An issuing agent shall indicate on temporary validation decals the month, day and year the temporary registration expires, using a black waterproof permanent ink marker or paint marker. The agency may not place any other marks on the decal.
(8) Within 10 days of the issuance of a temporary boat registration, the issuing agent shall submit to the Commission a properly completed ''T-Sticker Summary Report'' (Form PFBC-725) along with all applications, related documentation, applicable fees and Sales and Use Tax as required by the code [and], this chapter and the Handbook for Issuing Pennsylvania Boat Registrations and Titles.
* * * * *
Subchapter B. TITLING OF BOATS § 93.102. Application procedure and contents of applications for certificates of title.
* * * * * (b) The applicant shall provide the following information on the application (REV-336) for a title:
* * * * * (11) [Capacity plate information.
(12)] The primary usage such as, pleasure, rental/livery, manufacturer/dealer/jobber, commercial passenger, and the like.
[(13)] (12) For boats with outboard internal combustion motors, the serial number, the manufacturer's name and the horsepower rating. If there are two motors, the applicant shall provide information for both motors.
[(14)] (13) The names and addresses of each lienholder (in the order of priority).
[(15)] (14) The date of lien encumbrance.
[(16)] (15) The date applicant completed the form.
[(17)] (16) The signature of the owner.
[(18)] (17) Complete Sales and Use Tax information.
* * * * *
CHAPTER 99. [CAPACITY PLATES] (Reserved) (Editor's Note: As part of this proposed rulemaking, the Commission is proposing to rescind §§ 99.1—99.7 which appear in 58 Pa. Code pages 99-1—99-4, serial pages (227689)—(227692).)
Sec.
99.1—99.7. (Reserved).
CHAPTER 105. OPERATIONAL CONDITIONS § 105.3. Unacceptable boating practices.
It is unlawful to:
* * * * * (11) Operate a motorboat at any speed when towing a person on waterskis or other devices using a tow rope of 20 feet or less as measured from the transom of the boat. This prohibition does not apply to wake surfing as defined in § 109.4 (relating to waterskiing, aquaplaning, kiteskiing and similar activities).
(12) Operate a motorboat propelled by an outboard motor, inboard/outboard motor or water jet while a person is wake surfing in or on the wake of the motorboat.
CHAPTER 109. SPECIALTY BOATS AND WATERSKIING ACTIVITIES § 109.4. Waterskiing, aquaplaning, kiteskiing and similar activities.
(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Wake surfing—A competitive or recreational water sport in which a person on a wake board or similar style board rides in or on the wake of a motorboat.
Water ski—A device used by a person to be towed through or on water behind a boat. The term includes conventional water skis, aquaplanes, kneeboards, inner tubes, inflatable hot dogs, air mattress, parasails, kite skis and similar devices.
* * * * * (f) PFDs. It is unlawful for a person to operate a boat on the waters of this Commonwealth for [waterskiing]:
(1) Waterskiing unless each person being towed is wearing a Type I, II, III or V United States Coast Guard- approved PFD. Inflatable PFDs may not be used to meet this requirement.
(2) Wake surfing unless the wake surfer is wearing a Type I, II, III or V United States Coast Guard- approved PFD or water ski wetsuit as defined in subsection (g). Inflatable PFDs may not be used to meet this requirement.
(g) Water ski wetsuits. A person engaged in slalom skiing on a marked course or a person engaged in barefoot, jump or trick skiing, or wake surfing may elect to wear a wetsuit designed specifically for the activity in lieu of the United States Coast Guard approved PFD required in § 97.1 (relating to personal flotation devices). A United States Coast Guard approved PFD of a type described in § 97.1 shall be carried in the tow boat for each skier electing to wear a water ski wetsuit. The nonapproved water ski wetsuit device shall meet the following criteria:
* * * * * (j) Kite skiing and parasailing. The following additional restrictions are applicable to kite skiing and parasailing:
* * * * * (3) Kite skiers and parasailers may not fly over or under overhead obstructions such as power and telephone lines or bridges; nor may they fly over dams, locks, docks, launching ramps, swim areas, marinas or congested areas.
(k) Wake surfing. Boats engaged in the activity of wake surfing are limited to slow, no wake speed when within 200 feet of the following:
(1) Shore line.
(2) Docks.
(3) Launching ramps.
(4) Swimmers or downed skiers.
(5) Persons wading in the water.
(6) Anchored, moored or drifting boats.
(7) Floats, except for ski jumps and ski landing floats.
(8) Other marked areas.
[Pa.B. Doc. No. 12-1087. Filed for public inspection June 15, 2012, 9:00 a.m.]
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