PROPOSED RULEMAKING
STATE ATHLETIC COMMISSION
[ 58 PA. CODE CH. 29 ]
Amateur Mixed Martial Arts Waiver
[42 Pa.B. 4720]
[Saturday, July 28, 2012]The State Athletic Commission (Commission) proposes to add § 29.30 (regarding waiver of rule for contestants with three or more amateur bouts) to read as set forth in Annex A.
A. Effective Date
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
B. Statutory Authority
This proposed rulemaking is authorized under 5 Pa.C.S. § 103(b)(1) (relating to duties of commission), which authorizes the Commission to establish policy and promulgate rules and regulations regarding professional and amateur boxing contests and exhibitions and matters pertaining thereto. This proposed rulemaking is further authorized by 5 Pa.C.S. § 302 (relating to definitions), which defines ''boxing'' as ''The act of attack and defense with the fists, practiced as a sport. The term includes all variations of the sport permitting or using other parts of the human body, including, but not limited to, the foot, knee, leg, elbow or head.''
C. Background and Purpose
The Commission has regulated amateur and professional mixed martial arts (MMA) competition in this Commonwealth since Chapter 29 became effective on February 27, 2009. MMA is a sport using a combination of boxing, kickboxing, wrestling, karate, taekwondo, jujitsu, muay thai and other martial arts techniques, including grappling, kicking and striking. Presently, 45 states and tribal organizations permit or regulate professional MMA. Forty-four states and tribal organizations permit or regulate amateur MMA. Amateur MMA is legal but unregulated in 13 of those states and directly regulated by the athletic commissions of 21 states.
D. Description of Proposed Amendments
Section 29.29 (relating to acts constituting fouls) sets forth the acts which constitute fouls in amateur competition and how a contestant using foul tactics in a contest or exhibition will be disqualified or have points deducted from his score. Fouls include acts prohibited by § 29.12 (relating to acts constituting fouls), as well as additional specified techniques while standing and while on the ground. Striking to the opponent's head while on the ground (commonly referred to as ''pound and ground'') is an act which constitutes a foul for amateur contestants under current § 29.29(b)(3)(i). Striking to the head while on the ground is not a foul under the professional rules in § 29.12. In addition, amateur contestants are required to wear shin/instep pads under § 29.27(c) (relating to equipment), while professional contestants are not. See § 29.7 (relating to proper attire of contestants).
Proposed § 29.30 would permit the Commission to waive the ''striking to the head while on the ground'' and shin/instep pad rules for amateur contestants. This regulation has been requested by many of the more experienced amateur contestants as a bridge to their professional debuts, when striking to the head while on the ground is permitted and shin and instep pads are not required. The waiver is at the discretion of the Commission and shall be requested by both amateur contestants to a particular contest who agree to conduct the contest with a waiver of the ''striking to the head while on the ground'' and the shin/instep pad rules. In reviewing waiver requests, the Commission will take into account several factors, including the win-loss records of both participants and the individual conditioning, training, experience and skill level of the contestants. Because only experienced amateurs with three or more sanctioned bouts will be permitted to request a waiver, chances for injury are lessened in practicing the technique of striking to the head while on the ground and kicking while not wearing shin/instep pads.
E. Fiscal Impact and Paperwork Requirements
The proposed rulemaking will not have adverse fiscal impact on the Department of State (Department) or the Commission because the Commission is self-supporting and does not use General Fund moneys. The Commission will not incur additional costs in enforcing this proposed rulemaking. The proposed rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. Additional paperwork requirements upon the Commonwealth or the private sector will be limited to amateur contestants applying for the waiver. There is not a fee to request the waiver. The proposed rulemaking will not have adverse fiscal impact on the mixed martial artists, boxers, promoters, referees, judges and timekeepers the Commission regulates.
F. Sunset Date
The Commission and the Department monitor the regulations of the Commission on a continuing basis. Therefore, a sunset date has not been assigned.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 17, 2012, the Commission submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate State Government Committee and the House State Government Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Commission, the General Assembly and the Governor of comments, recommendations or objections raised.
H. Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Gregory P. Sirb, Executive Director, State Athletic Commission, 2601 North 3rd Street, Harrisburg, PA 17110 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference No. 16-53 (amateur mixed martial arts waiver) when submitting comments.
CHARLES BEDNARIK,
ChairpersonFiscal Note: 16-53. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART I. STATE ATHLETIC COMMISSION
Subpart B. BOXING
CHAPTER 29. MIXED MARTIAL ARTS
Subchapter B. AMATEUR MIXED MARTIAL ARTS § 29.30. Waiver of rule for contestants with three or more amateur bouts.
(a) An amateur contestant who has completed at least three amateur bouts may petition the Commission to waive the ''striking to the head while on the ground'' provision in § 29.29(b)(3)(i) (relating to acts constituting fouls) and the shin/instep pad requirement in § 29.27(c) (relating to equipment).
(b) The waiver will include only bouts in which both contestants have the required three-bout experience and both have agreed to conduct the contest with a waiver of the ''striking to the head while on the ground'' and the shin/instep pad rules.
(c) Grant of the waiver will be at the discretion of the Commission. In reviewing waiver requests, the Commission will consider factors including the win-loss record, conditioning, training, experience and skill level of each individual contestant.
[Pa.B. Doc. No. 12-1412. Filed for public inspection July 27, 2012, 9:00 a.m.]
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