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PA Bulletin, Doc. No. 23-398

PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 93 ]

Boating; Boat Registration and Numbering

[53 Pa.B. 1679]
[Saturday, March 25, 2023]

 The Fish and Boat Commission (Commission) proposes to amend Chapter 93 (relating to boat registration and numbering). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendments update the Commission's regulations pertaining to registration and titling of boats.

A. Effective Date

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

B. Contact Person

 For further information on this proposed rulemaking, contact Robert Caccese, Esq., P.O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's web site at www.fishandboat.com.

C. Statutory Authority

 The proposed amendment to § 93.1 (relating to registration) is published under the statutory authority of section 5308 of the code (relating to period of registration). The proposed amendment to § 93.5 (relating to display of registration number and validation decal) is published under the statutory authority of section 5122 of the code (relating to registrations, licenses, permits, plates and statistics).

D. Purpose and Background

 The specific purpose and background of the proposed amendments are described in more detail under the summary of proposal.

E. Summary of Proposal

 The act of June 27, 2022 (P.L. 386, No. 28) (Act 28) amended section 5308 of the code regarding registration and titling of boats. Act 28 establishes a calendar-year boat registration cycle that is valid from January 1 through December 31.

 Act 28 requires the Commission to promulgate final regulations to implement the amendments and publish them in the Pennsylvania Bulletin within 18 months of the effective date of section 2 of Act 28. The Commission has identified two relevant sections of 58 Pa. Code (relating to recreation) that require amendments to be consistent with Act 28.

 Additionally, Commission staff have identified language in § 93.1(a) relating to ''state owned'' boat registrations which is inconsistent with the statutory registration period and Commission practices. State owned boats are issued 2-year registration certificates.

 The Commission proposes that §§ 93.1 and 93.5 be amended to read as set forth in Annex A.

F. Paperwork

 This proposed rulemaking will not increase paperwork and will not create new paperwork requirements.

G. Fiscal Impact

 This proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions.

H. Public Comments

 Interested persons are invited to submit written comments, objections or suggestions about this 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 notice in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.

 Comments also may be submitted electronically to RA-pfbcregulations@pa.gov. Electronic comments submitted in any other manner will not be accepted.

TIMOTHY D. SCHAEFFER, 
Executive Director

 Fiscal Note: 48A-341. No fiscal impact; recommends adoption.

Annex A

TITLE 58. RECREATION

PART II. FISH AND BOAT COMMISSION

Subpart C. BOATING

CHAPTER 93. BOAT REGISTRATION AND NUMBERING

Subchapter A. REGISTRATION OF BOATS

§ 93.1. Registration.

 (a) With the exception of a ''Manufacturer/Dealer/Jobber'' registration certificate, which is valid for 1 year, [and a ''State Owned'' registration certificate, which is valid until the removal of the property from inventory,] all other boat registration certificates issued under this chapter are valid for a period not exceeding 2 years. The Commission will not issue 1-year registration certificates except to ''Manufacturer/Dealer/Jobbers.'' The registration period expires on [March] December 31 of the second year following issuance.

*  *  *  *  *

§ 93.5. Display of registration number and validation decal.

*  *  *  *  *

 (b) A set of two color-coded validation decals will be issued for display with each registration number. The decal shall be displayed within 6 inches of the registration number and on a level with the number. The decals shall be approximately 3 inches by 3 inches and color-coded to indicate the registration period. Registration numbers and validation decals shall be displayed in the following manner: PA 12 AM [  ] or [  ] PA 12 AM. A validation decal may be displayed prior to [April] January 1 of the period for which it is issued.

*  *  *  *  *

[Pa.B. Doc. No. 23-398. Filed for public inspection March 24, 2023, 9:00 a.m.]


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