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PA Bulletin, Doc. No. 03-1593

PROPOSED RULEMAKING

[58 PA. CODE CH. 105]

Boating

[33 Pa.B. 4077]

   The Fish and Boat Commission (Commission) proposes to amend Chapter 105 (relating to operational conditions). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).

A.  Effective Date

   The proposed rulemaking, if approved on final-form, will go into effect upon publication of an order in the Pennsylvania Bulletin.

B.  Contact Person

   For further information on the proposed rulemaking, contact Laurie E. Shepler, Assistant Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This proposed rulemaking is available electronically through the Commission's website (http://www.fish.state.pa.us).

C.  Statutory Authority

   The proposed amendment to § 105.3 (relating to unacceptable boating practices) is published under the statutory authority of section 5123 of the code (relating to general boating regulations).

D.  Purpose and Background

   The proposed rulemaking is designed to update, modify and improve the Commission's regulations pertaining to boating. The specific purpose of the proposed rulemaking is described in more detail under the summary of proposal.

E.  Summary of Proposal

   Carbon monoxide (CO) is a colorless, odorless, tasteless and highly toxic gas. It is produced when a carbon-based fuel, such as gasoline, propane, charcoal or oil, burns. CO is often emitted through a boat's engine or generator exhaust outlets. As a result, CO can accumulate almost anywhere in or around a boat. It can collect under swim platforms, around the stern and inside canvas enclosures. The results can be dangerous, even fatal.

   A fad called ''teak surfing'' or ''drag surfing'' is one of the riskiest activities for CO poisoning. Teak surfing involves an individual holding onto the swim platform of a boat as it accelerates and then letting go to ''surf'' the wake. Teak surfers cannot avoid the risk of inhaling dangerous levels of CO because the propulsion engines produce a very high volume of exhaust gases, usually directed straight into the area behind the boat where the teak surfers are located. There is also an inherent danger of the individual losing grasp of the swim platform and being hit by a moving propeller. Accordingly, the Commission proposes to amend § 105.3 to read as set forth in Annex A to make this practice unlawful.

F.  Paperwork

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

G.  Fiscal Impact

   The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking 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 rulemaking to the Deputy 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 to 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, 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.

DENNIS T. GUISE,   
Deputy Executive Director

   Fiscal Note:  48A-147. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART II.  FISH AND BOAT COMMISSION

Subpart C.  BOATING

CHAPTER 105.  OPERATIONAL CONDITIONS

§ 105.3.  Unacceptable boating practices.

   It is unlawful to:

*      *      *      *      *

   (10)  Operate a motorboat at any speed with a person or persons sitting, riding or hanging on a swim platform or swim ladder attached to the motorboat.

[Pa.B. Doc. No. 03-1593. Filed for public inspection August 15, 2003, 9:00 a.m.]


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