Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 24-1700

RULES AND REGULATIONS

Title 58—RECREATION

FISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 99a ]

Boating; Capacity Plates

[54 Pa.B. 7674]
[Saturday, November 30, 2024]

 The Fish and Boat Commission (Commission) deletes Chapter 99a. The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The deletion updates the Commission's regulations pertaining to capacity plates.

A. Effective Date

 This final-form rulemaking will go into effect on January 1, 2025.

B. Contact Person

 For further information on this final-form rulemaking, contact Renae Kluk Kiehl, 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 https://www.pa.gov/en/agencies/fishandboat.html.

C. Statutory Authority

 The deletion of Chapter 99a is published under the statutory authority of section 5122 of the code (relating to registrations, licenses, permits, plates and statistics).

D. Purpose and Background

 The specific purpose and background of the amendments are described in more detail under the summary of changes.

E. Summary of Changes

 Prior to January 1, 2013, the Commission issued capacity plates, upon request, for certain boats that were operated or offered for sale within this Commonwealth. During an audit of the Commission's Recreational Boating Safety Program in 2011, the United States Coast Guard (USCG) identified this practice as a violation of Federal regulations and directed the Commission to stop issuing the plates.

 In response to this direction, the Commission deleted Chapter 99 at 42 Pa.B. 7688 (December 22, 2012) of its regulations pertaining to capacity plates. At the time, this decision was thought to be the best way to handle the issue. However, in August 2018, it was determined that the best change would have been to delete only those sections dealing with the Commission's issuance of capacity plates and not to delete other sections that extended the Federal standard to Commonwealth waters. The Commission reinstated and amended certain sections of the former regulations.

 Commission staff has again consulted with the USCG and has been advised that Federal capacity plate requirements apply to manufacturers and are enforced by the USCG. It is unnecessary for the Commission to promulgate regulations regarding capacity plate requirements, therefore Chapter 99a can be deleted.

 The Commission deletes Chapter 99a as set forth at 54 Pa.B. 5620 (September 7, 2024).

F. Paperwork

 This final-form rulemaking will not increase paperwork and will not create new paperwork requirements.

G. Fiscal Impact

 This final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions.

H. Public Comments

 A notice of proposed rulemaking was published at 54 Pa.B. 5620. The Commission received no public comments regarding the proposed rulemaking.

Findings

 The Commission finds that:

 (1) Public notice of intention to adopt the amendment adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201 and 1202), referred to as the Commonwealth Documents Law, and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).

 (2) A public comment period was provided, and no public comments were received.

 (3) The adoption of the amendment of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.

Order

 The Commission, acting under the authorizing statutes, orders that:

 (A) The regulations of the Commission, 58 Pa. Code Chapter 99a, are amended by deleting §§ 99a.1—99a.4 to read as set forth at 54 Pa.B. 5620.

 (B) The Executive Director will submit this order and 54 Pa.B. 5620 to the Office of Attorney General for approval as to legality and form as required by law.

 (C) The Executive Director shall certify this order and 54 Pa.B. 5620 and deposit them with the Legislative Reference Bureau as required by law.

 (D) This order shall take effect on January 1, 2025.

TIMOTHY D. SCHAEFFER, 
Executive Director

 Fiscal Note: Fiscal Note 48A-358 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 24-1700. Filed for public inspection November 27, 2024, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.