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PA Bulletin, Doc. No. 98-2063

PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 91]

Boating

[28 Pa.B. 6184]

   The Fish and Boat Commission (Commission) proposes to amend Chapter 91 (relating to general provisions). The Commission is publishing this amendment as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendment deals with boating.

A.  Effective Date

   This proposed amendment, if approved on final rulemaking, will go into effect on January 1, 2000.

B.  Contact Person

   For further information on the proposed change, contact John F. Simmons, Director, Bureau of Boating and Education, (717) 657-4538, or Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's Web site (http://www.fish.state.pa.us).

C.  Statutory Authority

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

D.  Purpose and Background

   The proposed amendment is designed to update, modify and improve Commission regulations pertaining to boating. The specific purpose of the proposed amendment is described in more detail under the summary of proposal. Prior to consideration by the Commission, the Commission's Boating Advisory Board reviewed the proposal and recommended that the Commission approve the publication of a notice of proposed rulemaking containing the amendment.

E.  Summary of Proposal

   Section 91.4 (relating to age of operator). The Commission proposes to amend this section so that a person 11 years of age or younger may not operate a motorboat propelled by a motor greater than 10 horsepower, regardless of whether a person 16 years of age or older is present onboard. Subsection (b) currently provides that a person 11 years of age or younger may not operate a personal watercraft (PWCs). The proposed amendment, if adopted, would make the regulations consistent. The proposed amendment also reflects a belief held by some that persons under 12 should not operate any motorboat greater than 10 horsepower (not just PWCs).

F.  Paperwork

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

G.  Fiscal Impact

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

H.  Public Comments

   Interested persons are invited to submit written comments, objections or suggestions about the proposed amendment to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, within 30 days after publication of this notice in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.

   Comments also may be submitted electronically at ''regulations@fish.state.pa.us.'' A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.

PETER A. COLANGELO,   
Executive Director

   Fiscal Note: 48A-87. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART II.  FISH AND BOAT COMMISSION

Subpart C.  BOATING

CHAPTER 91.  GENERAL PROVISIONS

§ 91.4.  Age of operator.

   (a)  The following age restrictions apply to the operation of a motorboat propelled by a motor greater than 10 horsepower (other than personal watercraft):

   (1)  A person 11 years of age or younger may not operate such a watercraft [unless at least one person 16 years of age or older is present onboard].

*      *      *      *      *

[Pa.B. Doc. No. 98-2063. Filed for public inspection December 18, 1998, 9:00 a.m.]


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