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PA Bulletin, Doc. No. 98-2027

RULES AND REGULATIONS

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 93]

Boating

[28 Pa.B. 6081]

   The Fish and Boat Commission (Commission) by this order amends Chapter 93 (relating to boat registration and numbering). The Commission is publishing this amendment under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendment deals with boating.

A.  Effective Date

   This amendment will go into effect upon publication of this order in the Pennsylvania Bulletin.

B.  Contact Person

   For further information on the amendment, contact Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This final rulemaking is available electronically through the Commission's Web site at http://www.fish.state.pa.us.

C.  Statutory Authority

   This amendment is published under the statutory authority of section 5123 of the code (relating to general boating regulations).

D.  Purpose and Background

   The amendment is designed to update, modify and improve Commission regulations pertaining to boating. The specific purpose of the amendment is described in more detail under the summary of changes. Prior to consideration by the Commission on final rulemaking, the Commission's Boating Advisory Board considered this change and recommended adoption by the Commission.

E.  Summary of Changes

   Section 93.5 (relating to display of registration number and validation decal). The Commonwealth has adopted the use of color coded validation decals to identify boats that possess current registrations. The use of validation decals is authorized by the Federal regulations that outline the content and form of state registration systems. At the inception of the Commonwealth's validation decal, the Commission's regulations required that the decal be displayed 3 inches behind the registration number. Several years ago an amendment was approved to allow this decal to be 3 to 6 inches from the number.

   33 CFR 174.15 states:

(a)  If a state issues validation stickers, its numbering system must contain the requirements that stickers must be displayed within six inches of the number and the stickers must meet the requirements in paragraph (b) and (c) of this section.
(b)  Validation stickers must be approximately 3 inches square.
(c)  The year in which each validation sticker expires must be indicated by the colors blue, international orange, green and red in rotation beginning with blue for stickers that expire in 1973.

   The Commission's regulation currently conforms with these standards but is more strict than required for the display of validation decals. Because the important feature of this regulation is that the decal be displayed and not the exact location of the decal, the Commission has broadened the language of this regulation to allow display anywhere within 6 inches of the number.

F.  Paperwork

   The amendment will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

   The amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendment will impose no new costs on the private sector or the general public.

H.  Public Involvement

   A notice of proposed rulemaking containing the proposed amendment was published at 28 Pa.B. 3057 (July 4, 1998). The Commission did not receive any public comments regarding 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) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  A public comment period was provided and no 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 93, are amended by amending § 93.5 to read as set forth at 28 Pa.B. 3057.

   (b)  The Executive Director will submit this order and 28 Pa.B. 3057 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and 28 Pa.B. 3057 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect immediately upon publication in the Pennsylvania Bulletin.

PETER A. COLANGELO,   
Executive Director

   Fiscal Note: Fiscal Note 48A-81 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 98-2027. Filed for public inspection December 11, 1998, 9:00 a.m.]


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