PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 97]
Boating; Personal Floatation Devices
[36 Pa.B. 6288]
[Saturday, October 14, 2006]The Fish and Boat Commission (Commission) proposes to amend Chapter 97 (relating to operator provided equipment). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed rulemaking relates to the wearing of personal floatation devices (PFD) when on board boats less than 16 feet in length or a canoe or kayak.
A. Effective Date
The proposed rulemaking, if approved on final-form, will go into effect immediately upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed rulemaking, contact Jason E. Oyler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7827. This proposed rulemaking is available on the Commission's website at www.fish. state.pa.us.
C. Statutory Authority
The proposed amendment to § 97.1 (relating to personal floatation devices) 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 improve, enhance and update the Commission's boating regulations. The specific purpose of the proposed amendment is to improve boating safety and is described in more detail under the summary of proposal. The Commission's Boating Advisory Board considered this matter and recommended that the Commission approve the publication of a proposed rulemaking requiring the wearing of PFDs on small boats, canoes and kayaks during cold weather months (October 1 to May 31).
E. Summary of Proposal
From 1996 through 2005, 114 people lost their lives in recreational boating accidents in this Commonwealth. Forty two percent of these boaters died during the cold water/weather months from October 1 through May 31. This is especially disturbing because during those months, participation in recreational boating is greatly reduced. Forty five of the fatalities that occurred during this time period over the last 10 years were boating in unpowered boats and motorboats less than 16 feet in length. This represents 94% of all fatalities occurring during those cold water/weather months and 40% of the fatalities overall.
Unpowered boats and small motorboats are very unstable and most accidents that occur in these boats are the result of capsizing or falling overboard. During the colder months, a mishap such as this often results in a tragedy. Sudden immersion into cold water, hypothermia or the stronger currents common in colder months can create a situation from which the boater cannot escape. This is especially true if the boater is not wearing a PFD.
The Commission accordingly proposes to amend § 97.1 to require the wearing of Coast Guard approved PFDs by all persons when on board boats less than 16 feet in length or a canoe or kayak during the period from October 1 through May 31. The Commission proposes that this section will read as set forth in Annex A. The Commission also seeks public comments on an alternative proposal that would require all persons to wear Coast Guard approved PFDs on boats less than 16 feet in length or a canoe or kayak on a year-round basis.
Statistics have shown that wearing a PFD will save lives. For the current calendar year, there have been 22 recreational boating accident fatalities thus far (7 of which occurred between January 1, 2006, and May 31, 2006). Of those 22 fatalities, 19 victims were not wearing PFDs. According to the 2005 Pennsylvania Boating Accident Analysis prepared by the Commission, there were 12 recreational boating accident fatalities in this Commonwealth that year. In accidents when PFD use was an important factor, seven of the victims were not wearing a life jacket. According to the 2004 Pennsylvania Boating Accident Analysis, there were 11 recreational boating accident fatalities in this Commonwealth that year. Nine of those victims were not wearing PFDs.
F. Paperwork
The proposed rulemaking will not create any 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 Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000 within 30 days after publication of this proposed rulemaking in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically by completing the form at www.state.pa.us/Fish/reg comments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt. Electronic comments submitted in any other manner will not be accepted.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: 48A-188. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 97. OPERATOR PROVIDED EQUIPMENT § 97.1. Personal flotation devices.
* * * * * (i) Between October 1 and May 31, all persons shall wear a Coast Guard approved Type I, II, III or V PFD when on board boats less than 16 feet in length or any canoe or kayak.
[Pa.B. Doc. No. 06-2017. Filed for public inspection October 13, 2006, 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.
