RULES AND REGULATIONS
Title 67—TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
[ 67 PA. CODE CH. 443 ]
Roadside Rest Areas
[44 Pa.B. 6777]
[Saturday, October 25, 2014]The Department of Transportation, under the authority in section 8 of the act of June 7, 1961 (P. L. 257, No. 151) (36 P. S. § 478.18), amends Chapter 443 (relating to roadside rest areas) to read as set forth in Annex A.
Purpose of Chapter 443
The purpose of Chapter 443 is to set forth rules to ensure the comfort, convenience, cleanliness, attractiveness and safety of roadside rest areas for the benefit of the general motoring public using these facilities.
Purpose of this Final-Form Rulemaking
The purpose of this final-form rulemaking is to provide greater detail in the delineation of permissible and impermissible activities to ensure that roadside rest areas continue to exist as comfortable, convenient, clean, attractive and safe places for the general motoring public to refresh themselves along Commonwealth highways in furtherance of ensuring the safety of the motoring public.
Summary of Comments and Changes to the Final-Form Rulemaking
The Department published a proposed rulemaking at 42 Pa.B. 4702 (July 28, 2012) with a 30-day public comment period. The proposed rulemaking was also submitted to the Independent Regulatory Review Commission (IRRC) and the House and Senate Transportation Committees. The Department did not receive comments from the House and Senate Committees or the public. IRRC provided the following comments.
IRRC noted that § 443.2 (relating to prohibited activities or actions) is a list of prohibited activities and actions. IRRC further noted that § 443.2(10) is essentially a list of exceptions to the prohibition of releasing pets or unloading livestock. To make § 443.2(10) clearer, IRRC suggested that the Department include a transition to subparagraphs (i)—(iii) by adding language such as ''with the following exceptions.'' The Department incorporated IRRC's recommended change.
IRRC noted that the provisions and topics in proposed § 443.4 also appear in § 443.2 or could be included there.
Regarding proposed § 443.4(a), IRRC specifically recommended this subsection be deleted as it is duplicative of § 443.2(2). The Department adopted this recommendation and deleted § 443.4(a).
Regarding proposed § 443.4(c), IRRC specifically noted that this section relates to the 2-hour limit to repair a vehicle, which is further explained in § 443.2(9). IRRC stated it may be clearer to include proposed § 443.4(c) in § 443.2(9). The Department agreed with IRRC's recommendation and deleted § 443.4(c) and moved the language, in slightly a modified form, to the end of § 443.2(9).
Regarding proposed § 443.4(b), IRRC noted that given the possibility that § 443.4(a) and (c) may be deleted, proposed § 443.4(b), regarding unattended vehicles, could be phrased as a prohibition under § 443.2. The Department therefore deleted § 443.4(b) and moved this language to the end of § 443.2(2).
Therefore, proposed § 443.4 has been withdrawn.
Persons and Entities Affected
This final-form rulemaking will affect those members of the motoring public who use roadside rest areas.
Fiscal Impact
Implementation of this final-form rulemaking will not require the expenditure of additional funds by the Commonwealth or local municipalities. Minimal additional monitoring or enforcement will be required at roadside rest areas.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 17, 2012, the Department submitted a copy of the notice of proposed rulemaking, published at 42 Pa.B. 4702, to IRRC and the Chairpersons of the House and Senate Transportation Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on September 3, 2014, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on September 4, 2014, and approved the final-form rulemaking.
Sunset Provisions
The Department is not establishing a sunset date for these regulations, since these regulations are needed to administer provisions required under the act of June 7, 1961 (P. L. 257, No. 151) (36 P. S. §§ 478.11—478.18). However, the Department will continue to closely monitor these regulations for their effectiveness.
Contact Person
The contact person for this final-form rulemaking is Diane M. Chamberlin, Director, Bureau of Office Services, Department of Transportation, 400 North Street, Harrisburg, PA 17105, dchamberli@pa.gov.
Findings
The Department finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and the comments were considered.
(3) This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing act identified in this preamble.
Order
The Department orders that:
(a) The regulations of the Department, 67 Pa. Code Chapter 443, are amended by amending §§ 443.1—443.3 to read as set forth in Annex A.
(Editor's Note: Proposed § 443.4 included in the proposed rulemaking has been withdrawn by the Department.)
(b) The Secretary of the Department shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality and from, as required by law.
(c) The Secretary of the Department shall certify this order and Annex A and deposit the same with the Legislative Reference Bureau as required by law.
(d) This final-form rulemaking shall take effect upon publication in the Pennsylvania Bulletin.
BARRY J. SCHOCH, PE,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 44 Pa.B. 6051 (September 20, 2014).)
Fiscal Note: Fiscal Note 18-431 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart B. NONVEHICLE CODE PROVISIONS
ARTICLE III. HIGHWAYS
CHAPTER 443. ROADSIDE REST AREAS § 443.1. Purpose and policy.
(a) This chapter is promulgated for the purpose of providing comfortable, convenient, clean, attractive and safe places for the general motoring public and to set forth rules to insure the maximum comfort, convenience, cleanliness, health and safety of those members of the general public using the facilities.
(b) This chapter applies to all rest areas administered by the Department, including those containing information centers for the traveling public, that is, Welcome Centers.
(c) This chapter is intended to limit activities and actions in roadside rest areas to those that are consistent with the purpose of the facilities.
§ 443.2. Prohibited activities or actions.
The following specified activities or actions are prohibited in roadside rest areas:
(1) Failure to comply with posted traffic signs and markings.
(2) Parking or standing of a vehicle for more than 2 hours in a single 24-hour period or in excess of the posted time limit. Vehicles unattended for more than 24 hours will be considered abandoned and subject to removal and storage at the sole cost and expense of the owner.
(3) Driving or parking of a vehicle in areas other than those provided.
(4) Defacing or damaging buildings or other facilities.
(5) Igniting or maintaining fires for heating or cooking equipment, except in areas or facilities designed for the purpose.
(6) Depositing or disposing of refuse or waste, except picnic waste and contents of vehicle litter bags, which shall be deposited only in areas or containers provided for that purpose. Disposing of camping, sewage or household refuse in these areas is prohibited.
(7) Consumption of alcoholic beverages or the use, possession or delivery of controlled substances.
(8) Discharging or shooting of firearms or bows and arrows, hunting or fishing, or parking of vehicles for the purpose of hunting or fishing outside of the rest area.
(9) Maintenance or repairing of vehicles or attachments to vehicles—oil changes, filter replacements, draining of coolants, washing vehicles or attachments to vehicles, motor disassembly or assembly, and the like—except in emergencies or when the vehicle has been placed out of service by law enforcement after roadside inspection and the repairs needed to return the vehicle to service can be completed within 2 hours. If the repairs needed to return the vehicle to service cannot be completed within 2 hours, the vehicle should be towed for repair to an appropriate garage or repair facility.
(10) Release of pets or unloading of livestock, with the following exceptions:
(i) Animals on leashes are permitted only in areas designated as pet areas.
(ii) Pets may be permitted off-leash in designated fenced-in areas.
(iii) Seeing-eye dogs and service dogs are not restricted.
(11) Picking, cutting, breaking, damaging or abuse of plants or vegetation or parts thereof.
(12) Use of the area or facilities for bathing or washing of garments or clothing.
(13) Sale of a product or conduct of other commercial activity listed in subparagraph (i) or (ii) except when authorized by law or when, in furtherance of the needs of the traveling public, the Department authorizes, by written agreement:
(i) Commercial activities, sponsorship opportunities, or vending and communication facilities in roadside rest areas along limited access rights of way.
(ii) Commercial activities, sponsorship opportunities, or vending or communication facilities in roadside rest areas not along limited access rights of way.
(14) Driving a motor vehicle in excess of 25 miles per hour, except on entrance or exit ramps.
(15) Use of the area or facilities when closed for the season or closed for any other reason.
(16) Engaging in loud, boisterous or abusive conduct or engaging in or soliciting lewd or lascivious conduct, including, but not limited to, sexual intercourse, indecent exposure, open lewdness or prostitution.
(17) Skateboarding, rollerblading, skating, biking, sledding or riding of all-terrain vehicles.
(18) Camping overnight or setting up a tent, sleeping anywhere but in a legally parked vehicle or remaining anywhere at a roadside rest area for more than 2 hours or as otherwise posted.
(19) Smoking in areas designated as ''no smoking.''
(20) Distributing written materials, except on terms and conditions the Department deems appropriate.
(21) Use of the area or facilities for special events, except for free ''coffee break'' events and similar nonprofit activities for the traveling public when approved by the Department and on terms and conditions the Department deems appropriate.
(22) Other potentially disruptive activities that interfere with the proper functioning of the rest area for the purposes in § 443.1 (relating to purpose and policy), including, but not limited to:
(i) Soliciting, harassing, intimidating or coercing travelers.
(ii) Impeding the movement of pedestrians or interrupting traffic flow.
(iii) Picketing, demonstrating or performing oration or similar activities.
§ 443.3. Additional prohibited activities or actions on noninterstate highways.
In addition to the activities prohibited in § 443.2 (relating to prohibited activities or actions), parking of commercial vehicles or the parking of a vehicle between dusk and dawn is prohibited in roadside rest areas along noninterstate highways unless otherwise posted by the Department.
[Pa.B. Doc. No. 14-2185. Filed for public inspection October 24, 2014, 9:00 a.m.]
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