PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 117]
Boating; Boat Rental Businesses
[54 Pa.B. 3633]
[Saturday, June 29, 2024]The Fish and Boat Commission (Commission) proposes to amend Chapter 117 (relating to boat rental businesses). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). These proposed amendments update the Commission's regulations relating to boat rental businesses and generally promote boating safety, ensuring renters receive training regarding the boat, waters, safety equipment and rules. The more specific rationale for each amended section is described as follows:
1.) Section 117.1 (relating to definitions) is proposed to be amended to include paddleboards as a rental boat, which provides standardization and clarity.
2.) Section 117.3 (relating to responsibilities) is proposed to be amended to include business reporting standards, safety orientation requirements and necessary documentation livery operators are required to provide to the Commission. These proposed amendments will help the Commission identify liveries, facilitate annual safety inspections and standardize regulation updates and best practices. These proposed changes also ensure that rental boats are registered or permitted, that those conducting orientation receive standardized education, a written rental agreement that formalizes the transaction and serves as a record of lawful rental and renter orientation and that the Commission is informed of incidents involving rentals.
3.) Section 117.4 (relating to motorboat liveries) is proposed to be amended to clarify livery operators' requirements for verifying proper safety training for renters and proper measures to take to oversee the operation of rented personal watercraft. These amendments will ensure livery operators are monitoring the use of rental boats and providing information about the area in which the rental boat may be used.
A. Effective Date
This proposed rulemaking, if approved on final-form rulemaking, will go into effect January 1, 2025.
B. Contact Person
For further information on this proposed rulemaking, contact Renae Kluk Kiehl, 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 amendments to §§ 117.1, 117.3 and 117.4 are published under the statutory authority of section 5122 (relating to registrations, licenses, permits, plates and statistics) of the code.
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
Boat rental businesses, also known as liveries, provide introductory experiences for newcomers to boating, convenient adventures for outdoor recreationists and opportunities to participate in boating without the commitment of boat ownership. They also provide unique experiences such as whitewater rafting, overnight stays in houseboats and opportunities to try the latest trends in boating technology. Boat rental operations in this Commonwealth have increased in number and expanded available opportunities in recent years. Because these businesses provide a wide variety of services to a broad diversity of people and are often a gateway to boat ownership, boat rental businesses play an important role in boating safety.
The Commission is authorized to promulgate rules and regulations relating to boat rental business operators under 30 Pa.C.S. § 5122(a)(2). These regulations authorize the Executive Director to provide guidance relating to boat rental orientation and introduction requirements which are posted on the Pennsylvania Boat Rental Business page of the Commission's web site. Frontline waterways conservation officers initially identified issues, including lack of clarity, with current boat rental regulations and guidelines. Additionally, technological advances have created specific challenges and opportunities regarding boat rental business operations. In response, Commission staff launched a Livery Workgroup in February 2022, conducting livery visits and interviews and established an online boat rental business questionnaire to identify challenges, gather information and recommend updates to the Commission's boat rental business regulations and guidelines to enhance communications and compliance, increase boating safety and reduce conflicts on the water. Boat rental business operators were invited to review and provide feedback on the draft regulatory amendments and safety orientation guidelines prepared by Commission staff. Commission staff reviewed and considered all input as final modifications were made to the drafts before presenting the proposed changes to the Boating Advisory Board. Commission staff proposes that §§ 117.1, 117.3 and 117.4 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 DirectorFiscal Note: 48A-355. No fiscal impact; recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 117. BOAT RENTAL BUSINESSES § 117.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Boat livery—A commercial enterprise (person, partnership, corporation or other legal entity) that rents or leases rental boats to other persons for use on the waters of this Commonwealth.
Boat rental business—A boat livery.
Boat rental transaction—The exchange of consideration in the form of money, goods or services for the use of a rental boat for a period of time.
Livery operator—The owner or lessee of a boat livery and [employes] employees and other persons authorized to act on behalf of the boat livery.
Rental boat—A vessel propelled by oars, paddles, sail or power, rented or leased in this Commonwealth.
(i) The term includes canoes, kayaks, paddleboards, inflatable boats, rowboats, sailboats, personal watercraft and other motorboats.
(ii) The term does not include inner tubes or similar devices not considered to be boats under this title.
§ 117.3. Responsibilities.
(a) [It is unlawful for a livery operator to permit a rental boat to depart from the boat rental business without the equipment required by this title for the type of boat being rented] [Reserved].
(a.1) A livery operator shall provide their business information, including business name, address and types of boats rented, on a form provided by the Commission. If a change in business name, address or contact information occurs, the livery must provide an update to the Commission within 15 business days. Advertising by any means, including, but not limited to, web sites, business cards, brochures, newspapers, periodicals or billboards, that a person provides boat rentals shall be prima facie evidence of a boat livery operation.
(a.2) A livery operator who conducts the required safety orientation for motorboat rentals must possess a boating safety education certificate issued by the Commission or other valid documentation specified by this title and produce it upon the request of a waterways conservation officer or other officer authorized to enforce the code.
(a.3) It is unlawful for a livery operator to permit a rental boat to depart from the boat rental business without the equipment required by this title for the type of boat being rented and a boat registration or use permit affixed to the boat as required by this title for the access area or waterway where the boat will be operated during the rental period.
(b) A livery operator shall [offer to all persons renting] provide to all persons operating rental boats an orientation/introduction to boating safety and conditions, including a review of the laws and regulations applicable to the type of boat being rented and the waters on which the boat will be used. The Executive Director will provide guidance [in the preparation] on the content and documentation of this orientation. [Persons who produce a Boating Safety Education Certificate issued or approved by the Commission under § 91.6 (relating to certificates) are exempt from review.]
(c) Boat rental transactions shall be made using a written agreement, specifying the name and address of the boat rental business and lessee, [number of persons in the lessee's party and date of departure] the names of the individuals completing the required orientation/introduction to boating safety and the rental period. The lessee shall provide a copy of the boat rental agreement upon request to a waterways conservation officer or other officer authorized to enforce the code.
(d) Livery boats shall be clearly marked on both sides for easy identification of the business. Each boat shall be marked with letters, numbers or decals at least 3 inches tall.
(e) A livery operator shall only rent boats that meet or exceed minimum United States Coast Guard requirements for boats of that type. Rental boats shall be of a design and material suitable for their intended use.
(f) A livery operator shall [submit a boating accident report for] notify the Commission of all reportable accidents involving one or more of the rental boats in accordance with Chapter 101 (relating to boating accidents). This requirement is in addition to the requirement that the operator of the boat file a boating accident report in accordance with Chapter 101.
(g) It is unlawful for a livery operator to rent or use a boat in excess of its capacity as set forth by the manufacturer for the total number of passengers, total weight or maximum horsepower.
§ 117.4. Motorboat liveries.
(a) [In addition to the requirements of § 117.3 (relating to responsibilities), a livery operator that rents boats equipped with motors greater than 25 horsepower and personal watercraft shall verify that operators of these boats either possess a permanent Boating Safety Education Certificate or have obtained a temporary Boating Safety Certificate from the livery. The Executive Director may authorize boat liveries to issue temporary Boating Safety Education Certificates, effective for the period of rental only, to operators of these boats if the boat livery and the operator comply with the requirements governing the rental of boats and the operation of boat liveries as defined in this chapter. The Executive Director will establish rules and guidelines for the issuance of temporary certificates.] Persons born on or after January 1, 1982, who rent a boat powered by greater than 25 horsepower or a personal watercraft are exempt from possessing a Boating Safety Education Certificate when the livery operator verifies the renter has completed the required orientation/introduction to boating safety and conditions in accordance with the Executive Director's guidance established by § 117.3 (relating to responsibilities).
(b) A personal watercraft livery shall take measures to oversee the operation of rented personal watercraft [by persons who possess only a temporary Boating Safety Education Certificate]. These measures shall include one of the following:
(1) The designation of a specified [, marked] area of operation for rented personal watercraft as delineated on a map carried onboard the boat.
(2) The provision of qualified observers employed by the livery to directly observe the operation of rented personal watercraft and provide immediate assistance in case of an incident or breach of terms of the rental agreement. No more than seven personal watercraft may be under the observation of a single observer at any one time. Qualified observers shall be at least 16 years of age, have at least 10 hours of experience operating personal watercraft and have successfully completed the requirements for a permanent Boating Safety Education Certificate. The permanent Boating Safety Education Certificate shall be in the observer's possession when performing duties under this paragraph.
(c) A personal watercraft livery may not lease, hire or rent a personal watercraft to or for use by a person who is 15 years of age or younger.
[Pa.B. Doc. No. 24-891. Filed for public inspection June 28, 2024, 9:00 a.m.]
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