PROPOSED RULEMAKING
[ 58 PA. CODE CH. 93 ]
Boating; Registration and Numbering
[43 Pa.B. 5463]
[Saturday, September 14, 2013]The Fish and Boat Commission (Commission) proposes to amend Chapter 93 (relating to boat registration and numbering). 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 April 1, 2014, or upon final-form publication in the Pennsylvania Bulletin, whichever occurs later.
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 (relating to permanent and temporary registration) are published under the statutory authority of section 5122 of the code (relating to registrations, licenses, permits, plates and statistics). The proposed amendments to § 93.13 (relating to issuing agents) are published under the statutory authority of section 5304 (relating to issuing agents).
D. Purpose and Background
The proposed rulemaking is designed to improve, enhance and update the Commission's boating regulations. The specific purpose of the proposed amendments is described in more detail under the summary of proposals. On May 8, 2013, the Commission's Boating Advisory Board considered the proposal and recommended that the Commission approve the publication of a proposed rulemaking.
E. Summary of Proposals
Currently, the Commission and authorized issuing agents issue temporary boat registrations to persons applying for the registration of boats in this Commonwealth. Temporary boat registration is used for boats that are new or were not previously registered in this Commonwealth, boats being transferred between owners and boats currently registered in this Commonwealth as unpowered that are being changed to a power boat registration status. Under current regulations, applicants complete Form REV-336, Application for Pennsylvania Boat Registration and/or Title, and are issued a Temporary Validation Decal (T-decal) to affix to the boat.
The annual cost to the Commission to produce, distribute and account for the T-decals is estimated to be $42,000. The Commission proposes to eliminate the use of the T-decal to save approximately $42,000 annually in decal production costs, postage for mailing decals to issuing agents and personnel costs associated with accounting and inventorying of the decals. Elimination of the T-decals will also result in time and cost savings to issuing agents in that they will no longer have to issue T-decals, maintain a supply or pay $52 for each lost decal.
Issuing agents will continue to collect currently required registration information on Form REV-336. Form REV-336 is a carbonless, three-copy form used in the registration process. The green copy, or customer copy, is provided to the applicant upon completion of the registration process by the issuing agent. Boaters will continue to be required to produce the green customer copy of Form REV-336 to verify a temporary registration but will no longer be required to display T-decals on the side of the boat that has been registered.
Currently, boaters shall remove previously issued or expired registration decals from boats. With the elimination of the T-decals, an empty space following the registration number sequence on the hull of the boat will indicate that the boat may have a temporary registration status. Upon request by a waterways conservation officer (WCO), a boater will be required to produce the green customer copy of Form REV-336 as proof of the temporary registration. Elimination of the T-decal will not change the current requirement to carry and produce the customer copy of Form REV-336. It is also expected that elimination of the T-decal may increase customer contact between boaters and WCOs and provide WCOs with an opportunity to share additional educational information with boaters.
The Commission therefore proposes to amend §§ 93.2 and 93.13 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 result in cost savings to the Commission in the amount of approximately $42,000 per year in decal production costs, postage for mailing decals to issuing agents and personnel costs associated with accounting and inventorying of the decals. The proposed rulemaking will not impose new costs on the private sector or the general public. The proposed rulemaking will result in cost savings to issuing agents in that they will no longer have to issue T-decals, maintain a supply or pay $52 for each lost decal.
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-247. 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 (e)] 60 days including the date of issuance. 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/day/year), calculated in accordance with subsection (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.]
(2) The owner or operator shall [remove and replace the temporary validation decals with] apply the biannual validation decals when received from the Commission. The biannual validation decals shall be displayed on the boat in accordance with § 93.5 (relating to display of registration number and validation decal). The Commission will assign a registration number to the boat which shall be displayed in accordance with § 93.5. This assigned registration number will remain with this boat as long as the boat is registered in this Commonwealth. The new owner will also receive, from the Commission, a biannual certificate of registration card which shall be carried onboard the boat while it is being operated.
(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 (e)] 60 days including the date of issuance. 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/day/year), calculated in accordance with subsection (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.
(2) The owner or operator shall [remove and replace the temporary validation decals with] apply the biannual validation decals when received from the Commission. The biannual validation decals shall be displayed on the boat in accordance with § 93.5. The new owners will also receive from the Commission a biannual certificate of registration card which shall be carried onboard the boat while it is being operated.
(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 (e)] 60 days including the date of issuance. 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/day/year), calculated in accordance with subsection (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.
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(e) [Temporary decals. The temporary validation decals are valid 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 (month)/(day)/(year).'' The authorized issuing agent shall enter the expiration date (month/day/year) on the decal.
(f)] Temporary Internet registration renewals. Temporary Internet registration renewals shall be valid for [30] 60 days from the date of issuance. A temporary Internet registration renewal shall be available at all times for inspection on the boat for which it was issued whenever the boat is in operation and shall be carried so that it can be presented upon request to an officer authorized to enforce the code.
§ 93.13. Issuing agents.
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(b) Maintaining an agency.
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(2) To maintain an agency, the agent or a designee who is routinely involved in the issuance of temporary [validation decals or the registration of boats] boat registrations shall successfully complete, at least once every 2 years, training offered by the Commission at a location designated by the Executive Director.
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(e) Operation of an agency.
(3) [Issuing agents shall store temporary validation decals and related documentation in a secure location within the agent's premises and may not remove the decals or related documentation from the agent's premises without the Commission's written permission.
(4)] Issuing agents shall retain copies of all applications and related documentation for the current calendar year and the 2 previous years.
[(5)] (4) Issuing agents shall have access to nonpublic information concerning holders of boat registrations and titles, including their home addresses. Issuing agents who are provided nonpublic information about boat registration holders or boat owners in the course of their duties may not release or disclose the nonpublic information except for official purposes.
[(6)] (5) Issuing agents shall permit the inspection during regular business hours of the agent's premises and business records by Commission employes designated by the Executive Director or officers authorized to enforce the code.
(f) Issuance of temporary boat registrations.
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(6) [An issuing agent shall issue temporary validation decals in numerical sequence, beginning with the lowest number.] An issuing agent shall enter the expiration date (month/day/year) on the completed application which will be recognized as the boat's temporary registration.
(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] Temporary Registration Summary Report'' (Form PFBC-725) along with all applications, related documentation, applicable fees and Sales and Use Tax as required by the code, this chapter and the Handbook for Issuing Pennsylvania Boat Registrations and Titles.
(g) [Inventory of decals. Upon the Commission's request, an issuing agent shall submit an inventory report on the form prescribed by the Commission, accounting for all temporary validation decals in the agent's possession. The agent shall submit a complete and accurate inventory within 10 days of the agent's receipt of the Commission's request.
(h) Voided decals. When an issuing agent voids a temporary validation decal, the agent shall forward to the Commission the voided decal along with a report on the form prescribed by the Commission, explaining why the decal was voided. The agent shall forward the voided decal and the report within 10 days of the decal being voided.
(i) Lost, stolen or missing decals. An issuing agent shall notify the Commission in writing of any lost, stolen or missing temporary validation decal within 48 hours of the agent's discovery of the lost, stolen or missing decal. The Commission may charge the agent a fee that is two times the highest annual boat registration fee for each decal that is lost, stolen or missing.
(j) Replacement decals. An issuing agent may not issue a replacement temporary validation decal without the Commission's approval.
(k)] Used boats sold by dealers. An issuing agent may not submit to the Commission a Form REV-336 and related documentation from an applicant who purchased a used boat from a dealer and does not possess a properly completed ''Dealer Notification of Boat Trade-In'' (Form PFBC-TS1).
[(l)] (h) Acceptance of applications for permanent registrations or titles. Within 10 days of the acceptance of the Form REV-336 and related documentation for a permanent registration or title, the issuing agent shall forward to the Commission, using the ''[T-Sticker] Temporary Registration Summary Report'' (Form PFBC-725), all applications, related documentation, applicable fees and Sales and Use Tax as required by the code [or], this chapter and the Handbook for Issuing Pennsylvania Boat Registrations and Titles.
[(m)] (i) Commission offices. The Commission will collect and deposit in the Boat Fund the $2 issuing agent fee for all temporary boat registrations issued by Commission offices and boat registration renewals issued online.
[(n)] (j) Recall of agency. The Commission may recall the agency of an issuing agent who violates the code or this chapter. A conviction of an offense under the code or this chapter is not a prerequisite to initiating an action to recall an agency. The Executive Director or a designee may initiate action to recall an agency by serving an order to show cause on the agent, which order will describe the alleged violation of the code or this chapter. Proceedings to recall an agency shall be governed by 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).
[(o)] (k) Renewal of boat registrations. It is unlawful for a person, other than the Commission, Commission offices and on-line messenger services approved by the Department of Transportation, to issue renewals for boat registrations or collect the applicable fees.
[Pa.B. Doc. No. 13-1668. Filed for public inspection September 13, 2013, 9:00 a.m.]
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