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PA Bulletin, Doc. No. 24-1701

RULES AND REGULATIONS

Title 58—RECREATION

FISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 117 ]

Boating; Boat Rental Businesses

[54 Pa.B. 7675]
[Saturday, November 30, 2024]

 The Fish and Boat Commission (Commission) amends Chapter 117 (relating to boat rental businesses). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). This amendment updates the Commission's regulations relating to boat rental businesses and generally promotes boating safety and ensures renters receive training regarding the boat, waters, safety equipment and rules. The more specific rationale for each amended section is described as follows:

 1.) Section 117.1 (relating to definitions) is amended to included paddleboards as a rental boat, which provides standardization and clarity.

 2.) Section 117.3 (relating to responsibilities) is amended to include business reporting standards, safety orientation requirements and necessary documentation livery operators are required to provide to the Commission. These amendments will help the Commission identify liveries, facilitate annual safety inspections and standardize regulation updates and best practices. These proposed changes also ensure rental boats are registered or permitted, that those conducting orientation receive standardized education, a written rental agreement that formalizes the transaction and serves as a record of lawful rental and renter orientation, and that the Commission is informed of incidents involving rentals.

 3.) Section 117.4 (relating to motorboat liveries) is amended to clarify livery operators' requirements for verifying proper safety training for renters and proper measures to take to oversee the operation of rented personal watercraft. These amendments will ensure livery operators are monitoring the use of rental boats and providing information about the area in which the rental boat may be used.

A. Effective Date

 This final-form rulemaking will go into effect 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 amendments to §§ 117.1, 117.3 and 117.4 are 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

 Boat rental businesses, also known as liveries, provide introductory experiences for newcomers to boating, convenient adventures for outdoor recreationists and opportunities to participate in boating without the commitment of boat ownership. They also provide unique experiences such as whitewater rafting, overnight stays in houseboats and opportunities to try the latest trends in boating technology. Boat rental operations in this Commonwealth have increased in number and expanded available opportunities in recent years. Because these businesses provide a wide variety of services to a broad diversity of people and are often a gateway to boat ownership, boat rental businesses play an important role in boating safety.

 The Commission is authorized to promulgate rules and regulations relating to boat rental business operators under section 5122(a)(2) of the code. These regulations authorize the Executive Director to provide guidance relating to boat rental orientation and introduction requirements which are posted on the Pennsylvania Boat Rental Business page of the Commission's web site. Front-line waterways conservation officers initially identified issues, including lack of clarity, with current boat rental regulations and guidelines. Additionally, technological advances have created specific challenges and opportunities regarding boat rental business operations. In response, Commission staff launched a Livery Workgroup in February 2022, conducting livery visits and interviews, and established an online boat rental business questionnaire to identify challenges, gather information and recommend updates to the Commission's boat rental business regulations and guidelines to enhance communications and compliance, increase boating safety and reduce conflicts on the water. Boat rental business operators were invited to review and provide feedback on the draft regulatory amendments and safety orientation guidelines prepared by Commission staff. Commission staff reviewed and considered all input as final modifications were made to the drafts before presenting the proposed changes to the Boating Advisory Board.

 The Commission amends §§ 117.1, 117.3 and 117.4 to read as set forth at 54 Pa.B. 3633 (June 29, 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. 3633. The Commission received a total of two public comments regarding the proposal, both in support of the proposal.

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 two public comments were received regarding the proposal, both in support of the proposal.

 (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 117, are amended by amending §§ 117.1, 117.3 and 117.4 to read as set forth at 54 Pa.B. 3633.

 (B) The Executive Director will submit this order and 54 Pa.B. 3633 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. 3633 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-355 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 24-1701. Filed for public inspection November 27, 2024, 9:00 a.m.]


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