RULES AND REGULATIONS
Title 58—RECREATION
FISH AND BOAT COMMISSION
[ 58 PA. CODE CH. 97 ]
Boating; Operator Provided Equipment
[52 Pa.B. 7385]
[Saturday, December 3, 2022]The Fish and Boat Commission (Commission) amends Chapter 97 (relating to operator provided equipment). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code) and other authorities described as follows.
A. Effective Date
This final-form rulemaking will go into effect immediately upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on this final-form rulemaking, contact Wayne Melnick, Esq., P.O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's web site at www.fishandboat.com.
C. Statutory Authority
These amendments are published under the statutory authority of section 506 of The Administrative Code of 1929 (71 P.S. § 186). These amendments are also published in accordance with section 204 of the Commonwealth Documents Law (CDL) (45 P.S. § 1204), which provides that an agency may omit or modify the procedures specified in sections 201 and 202 of the CDL (45 P.S. §§ 1201 and 1202), if, among other things, the administrative regulation or change relates to agency organization, management, or personnel; agency procedure or practice; or Commonwealth property or the agency for good cause finds (and incorporates the finding and a brief statement of the reasons therefore in the order adopting the administrative regulation or change therein) that the procedures specified in sections 201 and 202 of the CDL are under the circumstances impracticable, unnecessary or contrary to the public interest.
D. Purpose and Background
On July 22, 2016, the United States Coast Guard (USCG) published the final rule, ''Harmonization of Standards for Fire Protection, Detection, and Extinguishing Equipment'' (the ''Fire Protection Rule'') in the Federal Register at 81 FR 48219 (July 22, 2016). The Fire Protection Rule revised USCG fire safety requirements throughout Titles 33 and 46 of the Code of Federal Regulations (relating to navigation and navigable waters; and shipping) for uninspected vessels to meet international and common industry standards.
One of the changes included in the final rule was the switch from the USCG's weight-based classification system for portable fire extinguishers (that is, B-I, B-II) to the Underwriters Laboratories (UL) fire performance rating classification system (that is, 5-B, 20-B). The UL's system has been in place for decades and is widely accepted as the most practical with regard to fire fighting performance. One 5-B is equivalent to one B-I extinguisher and one 20-B is equivalent to two 5-B extinguishers.
Most extinguishers on board vessels already have both a USCG rating and a UL rating. During the transition period between the USCG rating and UL rating, it is likely that recreational boats required to carry fire extinguishers will have devices with both ratings on their label. However, it is expected that boaters will replace USCG-rated fire extinguishers with UL-rated extinguishers over time due to the older devices being no longer serviceable or discharged. Without this final-form rulemaking, boaters in this Commonwealth would be technically out of compliance even while possessing a UL rated extinguisher satisfying the USCG Fire Protection Rule. Therefore, Commission staff recommend an administrative change to Title 58 (relating to recreation) in the Pennsylvania Code to reflect the new UL rating on fire extinguishers and avoid confusion for boaters in this Commonwealth.
E. Summary of Changes
The Commission amends Chapter 97 Appendix B because a recent review of the Commission's regulations by staff revealed that some of the information in the current regulation is inaccurate or no longer current and needs updating. The Commission therefore amends this section to read as set forth in Annex A.
F. Paperwork
This final-form rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
This final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. This final-form rulemaking will impose no new costs on the private sector or the general public.
H. Public Involvement
Under section 204 of the CDL, an agency may omit the procedures specified in sections 201 and 202 of the CDL if they are impracticable, unnecessary or contrary to the public interest. The Commission, therefore, did not publish these amendments as a notice of proposed rulemaking or solicit public comment.
Findings
The Commission finds that:
(1) Under section 204(3) of the CDL (45 P.S. § 1204(3)), a final-form rulemaking is allowed when procedures specified in sections 201 and 202 of the Commonwealth Documents Law (45 P.S. §§ 1201 and 1202), are impracticable, unnecessary or contrary to the public interest.
(2) Following the procedures, outlined in sections 201 and 202 of the Commonwealth Documents Law, is impracticable and unnecessary since the Commission is maintaining the fire extinguisher requirements of the USCG's Fire Protection Rule.
Order
The Commission, acting under the authorizing statutes, orders that:
(A) The regulations of the Commission, 58 Pa. Code Chapter 97, are amended by amending Appendix B to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(B) The Executive Director will submit this order and Annex A to the Office of Attorney General for approval as to legality as required by law.
(C) The Executive Director shall certify this order and Annex A and deposit the same with the Legislative Reference Bureau as required by law.
(D) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
TIMOTHY D. SCHAEFFER,
Executive DirectorFiscal Note: 48A-333. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 97. OPERATOR PROVIDED EQUIPMENT
APPENDIX B. FIRE EXTINGUISHERS * * * * * *Note: Extinguishers required by the above table can either be one B-I or 5-B portable fire extinguisher. One B-II or 20-B portable fire extinguisher may be substituted for two B-I or 5-B portable fire extinguishers.
[Pa.B. Doc. No. 22-1864. Filed for public inspection December 2, 2022, 9:00 a.m.]
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