PROPOSED RULEMAKING
[58 PA. CODE CH. 93]
Registration and Numbering of Boats
[31 Pa.B. 1377] The Fish and Boat Commission (Commission) proposes to amend Chapter 93 (relating to registration and numbering). The Commission is publishing this amendment as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed amendment relates to boat registration issuing agents.
A. Effective Date
The proposed amendment, if approved on final rulemaking, will go into effect upon publication of an order adopting the amendment in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed amendment, contact Laurie E. Shepler, Assistant Counsel, (717) 705-7815, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The proposed amendment is published under the statutory authority of section 5304(d.1) of the code (relating to issuing agents, rules and regulations).
D. Purpose and Background
The proposed amendment is designed to update, modify and improve the Commission's regulations pertaining to boat registration issuing agents. The specific purpose of the proposed amendment is described in more detail under the summary of proposal.
E. Summary of Proposal
The Commission issues a Handbook for Boat Registration Issuing Agents that is distributed at the beginning of each calendar year. This handbook details procedures to be followed in the performance of an agency's responsibilities and is based on the code, the Commission's regulations and experience gained from registering boats over the years. The handbook also contains operational suggestions and highlights penalties that can be imposed for noncompliance with the code and the regulations. Section 93.13 (relating to issuing agents) currently addresses certain aspects of an issuing agency, including eligibility, minimum sales requirements and the treatment of nonpublic boat registration information. However, a considerable portion of the Commission's requirements for issuing agents as detailed in the handbook has not been adopted as regulations.
To update and clarify the requirements for issuing agents that are regulatory in nature, the Commission proposes new boat registration issuing agent regulations as set forth in Annex A. The proposed amendment addresses the establishment of a nonrefundable $100 fee for new issuing agents; training requirements for new and existing agents; requirements for the minimum number of registrations issued; recordkeeping and operational requirements; reporting requirements; and provisions for the recall of agencies. Except for the fee and training requirements, most of these provisions mirror those in guidelines that have been in effect for several years. Similar regulations adopted by the Commission at the January 1997 meeting regarding fishing license issuing agents have achieved the intended objectives.
F. Paperwork
The proposed amendment will slightly increase paperwork in terms of creating and reproducing training materials. The proposed amendment will create few new paperwork requirements because most of the proposed amendment mirrors guidelines already in place. To the extent that there are any new reporting requirements, the increase in paperwork will be minimal.
G. Fiscal Impact
The proposed amendment will have a modest fiscal impact on the Commonwealth in that new and existing agents will be required to attended training offered by the Commission. The Commission expects to incur an increase in program costs associated with the publication and reproduction of training materials and with employe travel to locations outside the Harrisburg area. The proposed amendment generally will not have an adverse fiscal impact on the Commonwealth's political subdivisions, except for county treasurers who serve as issuing agents. As described, the proposed amendment will impose a one-time, nonrefundable fee of $100 on new issuing agents only. The Commission anticipates that it will receive applications from less than 30 new issuing agents each year. New and existing agents also will incur costs associated with traveling to attend mandatory training. Although county treasurers will incur travel costs, section 5304(d.1) of the code exempts them from paying any administrative fee established by the Commission. Costs incurred by county treasurers therefore will be nominal. The proposed amendment will impose no new costs on 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 ''ra-pfbcregs@state.pa.us.'' A subject heading of the proposal and a return name and address must be included in each transmission. In addition, all electronic comments must be contained in the text of the transmission, not in an attachment. 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 DirectorFiscal Note: 48A-112. (1) Fish Fund; (2) Implementing Year 2001-02 is $10,000; (3) 1st Succeeding Year 2002-03 is $10,000; 2nd Succeeding Year 2003-04 is $10,000; 3rd Succeeding Year 2004-05 is $10,000; 4th Succeeding Year 2005-06 is $10,000; 5th Succeeding Year 2006-07 is $10,000; (4) Fiscal Year 2000-01 $n/a; Fiscal Year 1999-00 $n/a; Fiscal Year 1998-99 $n/a; (7) General Government Operations; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 93. REGISTRATION AND NUMBERING § 93.13. Issuing agents.
(a) [The designation of issuing agents for temporary boat registrations shall be limited to the Commission and Commission offices, county treasurers, businesses dealing in boats, boating equipment or sporting goods and temporary tag services or messenger services approved by the Department of Transportation for the issuance of temporary boat trailer registrations.
(b) To maintain an agency, the agent shall issue at least 25 temporary boat registrations during the calendar year.
(c) If the Executive Director determines that a sufficient number of agents are not available in an area reasonably to address the needs of the boating public, the Executive Director may appoint additional agents from other interested individuals or reduce the number of temporary boat registrations that existing agents are required to issue during the year.
(d) The Commission will collect and deposit in the Boat Fund the $2 issuing agent fee for all temporary boat registrations issued by Commission offices.
(e) Issuing agents shall have access to nonpublic information concerning holders of boat registrations and titles, including their home addresses. Issuing agents who are provided nonpublic information about boat registration holders or boat owners in the course of their duties may not release or disclose the nonpublic information except for official purposes.]
Designation
(1) The designation of issuing agents for temporary boat registrations shall be limited to the Commission and Commission offices, county treasurers, businesses dealing in boats, boating equipment or sporting goods and temporary tag services or messenger services approved by the Department of Transportation for the issuance of temporary boat trailer registrations.
(2) An applicant seeking to become an issuing agent for temporary boat registrations shall complete and submit to the Commission an application on the form prescribed by the Commission and shall pay a one-time, nonrefundable fee of $100. Applications shall be accompanied by a bond in favor of the Commission in a minimum amount specified by the Executive Director or a designee.
(3) Upon being designated as an issuing agent, at least one employe of the new agent with primary responsibility for handling boat registrations shall successfully complete a training course offered by the Commission at its Harrisburg office or other location the Executive Director designates.
(b) Maintaining an agency.
(1) To maintain an agency, the agent shall issue at least 25 temporary boat registrations each calendar year, unless the Executive Director, for good cause shown, finds that unusual circumstances precluded the agent from issuing the minimum number of temporary boat registrations.
(2) To maintain an agency, the agent or a designee who is routinely involved in the issuance of temporary validation decals or the registration of boats shall successfully complete, at least once every 2 years, training offered by the Commission at a location designated by the Executive Director.
(c) Insufficient number of agents. If the Executive Director determines that a sufficient number of agents is not available in an area reasonably to address the needs of the boating public, the Executive Director may appoint additional agents from other interested individuals or reduce the number of temporary boat registrations that existing agents are required to issue during the year.
(d) Change of address, telephone number or ownership. An issuing agent shall notify the Commission, in writing, within 10 days after a change of address, telephone number or ownership of the agency.
(e) Operation of an agency.
(1) Issuing agents shall prominently display the hours of operation and fee schedule at the agent's premises.
(2) Issuing agents who conduct transactions via e-commerce shall maintain the same standards as non-e-commerce agents.
(3) Issuing agents shall store temporary validation decals and related documentation in a secure location within the agent's premises and may not remove the decals or related documentation from the agent's premises without the Commission's written permission.
(4) Issuing agents shall retain copies of all applications and related documentation for the current calendar year and the 2 previous years.
(5) Issuing agents shall have access to nonpublic information concerning holders of boat registrations and titles, including their home addresses. Issuing agents who are provided nonpublic information about boat registration holders or boat owners in the course of their duties may not release or disclose the nonpublic information except for official purposes.
(6) Issuing agents shall permit the inspection during regular business hours of the agent's premises and business records by Commission employes designated by the Executive Director or officers authorized to enforce the code.
(f) Issuance of temporary boat registrations.
(1) An issuing agent is responsible for ensuring that the ''Application for Pennsylvania Boat Registration and/or Boat Title'' (Form REV-336) is fully completed. An issuing agent shall ensure that the Form REV-336 is legible and accurate.
(2) An issuing agent may not knowingly permit an applicant to provide false or misleading information on the Form REV-336 or related documentation. If an issuing agent suspects that an applicant has provided false or misleading information on the Form REV-336 or related documentation, the agent immediately shall notify the Commission. An issuing agent may not provide false or misleading information on the Form REV-336 or related documentation.
(3) An issuing agent shall issue a temporary boat registration only to the owner or co-owner of the boat being registered. An issuing agent shall verify the identity of the applicant by requiring that the applicant produce positive means of identification.
(4) An issuing agent shall issue, upon request, a temporary boat registration to any individual who properly completes the Form REV-336, submits the appropriate documentation and pays the applicable fees and sales or use tax as required by the code and this chapter.
(5) An issuing agent shall issue a temporary boat registration only for new boats, used boats where ownership is being transferred and boats brought into this Commonwealth from another state.
(6) An issuing agent shall issue temporary validation decals in numerical sequence, beginning with the lowest number.
(7) An issuing agent shall indicate on temporary validation decals the month and year the temporary registration expires, using a black waterproof permanent ink marker or paint marker. The agency may not place any other marks on the decal.
(8) Within 10 days of the issuance of a temporary boat registration, the issuing agent shall submit to the Commission a properly completed ''T-Sticker Summary Report'' (Form PFBC-725) along with all applications, related documentation, applicable fees and Sales and Use Tax as required by the code and this chapter.
(g) Inventory of decals. Upon the Commission's request, an issuing agent shall submit an inventory report on the form prescribed by the Commission, accounting for all temporary validation decals in the agent's possession. The agent shall submit a complete and accurate inventory within 10 days of the agent's receipt of the Commission's request.
(h) Voided decals. When an issuing agent voids a temporary validation decal, the agent shall forward to the Commission the voided decal along with a report on the form prescribed by the Commission, explaining why the decal was voided. The agent shall forward the voided decal and the report within 10 days of the decal being voided.
(i) Lost stolen or missing decals. An issuing agent shall notify the Commission in writing of any lost, stolen or missing temporary validation decal within 48 hours of the agent's discovery of the lost, stolen or missing decal. The Commission may charge the agent a fee that is two times the highest annual boat registration fee for each decal that is lost, stolen or missing.
(j) Replacement decals. An issuing agent may not issue a replacement temporary validation decal without the Commission's approval.
(k) Used boats sold by dealers. An issuing agent may not submit to the Commission a Form REV-336 and related documentation from an applicant who purchased a used boat from a dealer and does not possess a properly completed ''Dealer Notification of Boat Trade-In'' (Form PFBC-TS1).
(l) Acceptance of applications for permanent registrations or titles. Within 10 days of the acceptance of the Form REV-336 and related documentation for a permanent registration or title, the issuing agent shall forward to the Commission, using the ''T-Sticker Summary Report'' (Form PFBC-725), all applications, related documentation, applicable fees and Sales and Use Tax as required by the code or this chapter.
(m) Commission offices. The Commission will collect and deposit in the Boat Fund the $2 issuing agent fee for all temporary boat registrations issued by Commission offices.
(n) Recall of agency. The Commission may recall the agency of an issuing agent who violates the code or this chapter. A conviction of an offense under the code or this chapter is not a prerequisite to initiating an action to recall an agency. The Executive Director or a designee may initiate action to recall an agency by serving an order to show cause on the agent, which order will describe the alleged violation of the code or this chapter. Proceedings to recall an agency shall be governed by 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).
[Pa.B. Doc. No. 01-406. Filed for public inspection March 9, 2001, 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.
