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PA Bulletin, Doc. No. 14-586

RULES AND REGULATIONS

FISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 93 ]

Boating; Registration and Numbering

[44 Pa.B. 1767]
[Saturday, March 22, 2014]

 The Fish and Boat Commission (Commission) amends Chapter 93 (relating to boat registration and numbering). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code).

A. Effective Date

 The final-form rulemaking will go into effect on April 1, 2014.

B. Contact Person

 For further information on the final-form rulemaking, contact Wayne Melnick, Esq., P.O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's web site at www.fish.state.pa.us.

C. Statutory Authority

 The amendments to § 93.2 (relating to permanent and temporary registration) are published under the statutory authority of section 5122 of the code (relating to registrations, licenses, permits, plates and statistics). The amendments to § 93.13 (relating to issuing agents) are published under the statutory authority of section 5304 (relating to issuing agents).

D. Purpose and Background

 The final-form rulemaking is designed to improve, enhance and update the Commission's boating regulations. The specific purpose of the amendments is described in more detail under the summary of changes. The Commission solicited the advice of its Boating Advisory Board regarding the amendments prior to final adoption.

E. Summary of Changes

 Currently, the Commission and authorized issuing agents issue temporary boat registrations to persons applying for the registration of boats in this Commonwealth. Temporary boat registration is used for boats that are new or were not previously registered in this Commonwealth, boats being transferred between owners and boats currently registered in this Commonwealth as unpowered that are being changed to a power boat registration status. Under current regulations, applicants complete Form REV-336, Application for Pennsylvania Boat Registration and/or Title, and are issued a Temporary Validation Decal (T-decal) to affix to the boat.

 The annual cost to the Commission to produce, distribute and account for the T-decals is estimated to be $42,000. The Commission proposes to eliminate the use of the T-decal to save approximately $42,000 annually in decal production costs, postage for mailing decals to issuing agents and personnel costs associated with accounting and inventorying of the decals. Elimination of the T-decals will also result in time and cost savings to issuing agents in that they will no longer have to issue T-decals, maintain a supply or pay $52 for each lost decal.

 Issuing agents will continue to collect currently required registration information on Form REV-336. Form REV-336 is a carbonless, three-copy form used in the registration process. The green copy, or customer copy, is provided to the applicant upon completion of the registration process by the issuing agent. Boaters will continue to be required to produce the green customer copy of Form REV-336 to verify a temporary registration but will no longer be required to display T-decals on the side of the boat that has been registered.

 Currently, boaters shall remove previously issued or expired registration decals from boats. With the elimination of the T-decals, an empty space following the registration number sequence on the hull of the boat will indicate that the boat may have a temporary registration status. Upon request by a waterways conservation officer (WCO), a boater will be required to produce the green customer copy of Form REV-336 as proof of the temporary registration. Elimination of the T-decal will not change the current requirement to carry and produce the customer copy of Form REV-336. It is also expected that elimination of the T-decal may increase customer contact between boaters and WCOs and provide WCOs with an opportunity to share additional educational information with boaters.

 The Commission therefore amends §§ 93.2 and 93.13 to read as set forth in the proposed rulemaking published at 43 Pa.B. 5463 (September 14, 2013).

F. Paperwork

 The final-form rulemaking will not increase paperwork and will not create new paperwork requirements.

G. Fiscal Impact

 The final-form rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will result in cost savings to the Commission in the amount of approximately $42,000 per year in decal production costs, postage for mailing decals to issuing agents and personnel costs associated with accounting and inventorying of the decals. The final-form rulemaking will not impose new costs on the private sector or the general public. The final-form rulemaking will result in cost savings to issuing agents in that they will no longer have to issue T-decals, maintain a supply or pay $52 for each lost decal.

H. Public Involvement

 Notice of proposed rulemaking was published at 43 Pa.B. 5463. The Commission did not receive public comments concerning the proposed rulemaking.

Findings

 The Commission finds that:

 (1) Public notice of intention to adopt the amendments 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 the Commission did not receive public comments concerning the proposed rulemaking.

 (3) The adoption of the amendments 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 §§ 93.2 and 93.13 to read as set forth at 43 Pa.B. 5463.

 (b) The Executive Director will submit this order and 43 Pa.B. 5463 to the Office of Attorney General for approval as to legality and form as required by law.

 (c) The Executive Director shall certify this order and 43 Pa.B. 5463 and deposit them with the Legislative Reference Bureau as required by law.

 (d) This order shall take effect on April 1, 2014.

JOHN A. ARWAY, 
Executive Director

 Fiscal Note: Fiscal Note 48A-247 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 14-586. Filed for public inspection March 21, 2014, 9:00 a.m.]


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