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PA Bulletin, Doc. No. 01-1639

RULES AND REGULATIONS

Title 58--RECREATION

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 93]

Registration and Numbering of Boats

[31 Pa.B. 5081]

   The Fish and Boat Commission (Commission) by this order amends Chapter 93 (relating to boat registration and numbering). The Commission is publishing this amendment under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The amendment relates to boat registration issuing agents.

A.  Effective Date

   The amendment will go into effect upon publication of this order in the Pennsylvania Bulletin.

B.  Contact Person

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

C.  Statutory Authority

   The amendment is published under the statutory authority of section 5304(d.1) of the code (relating to issuing agents, rules and regulations).

D.  Purpose and Background

   The amendment is designed to update, modify and improve the Commission's regulations pertaining to boat registration issuing agents. The specific purpose of the amendment is described in more detail under the summary of changes.

E.  Summary of Changes

   The Commission issues a Handbook for Boat Registration Issuing Agents that is distributed at the beginning of each calendar year. This handbook details procedures to be followed in the performance of an agency's responsibilities and is based on the code, the Commission's regulations and experience gained from registering boats over the years. The handbook also contains operational suggestions and highlights penalties that can be imposed for noncompliance with the code and the regulations. Section 93.13 (relating to issuing agents) previously addressed certain aspects of an issuing agency, including eligibility, minimum sales requirements and the treatment of nonpublic boat registration information. However, a considerable portion of the Commission's requirements for issuing agents as detailed in the handbook had not been adopted as regulations.

   To update and clarify the requirements for issuing agents that are regulatory in nature, the Commission adopted new boat registration issuing agent regulations as proposed. The amendment to § 93.13 addresses the establishment of a nonrefundable $100 fee for new issuing agents; training requirements for new and existing agents; requirements for the minimum number of registrations issued; recordkeeping and operational requirements; reporting requirements; and provisions for the recall of agencies. Except for the fee and training requirements, most of these provisions mirror those in guidelines that have been in effect for several years. Similar regulations adopted by the Commission at the January 1997 meeting regarding fishing license issuing agents have achieved the intended objectives.

F.  Paperwork

   The amendment will slightly increase paperwork in terms of creating and reproducing training materials. The amendment will create few new paperwork requirements because most of the amendment mirrors guidelines already in place. To the extent that there are any new reporting requirements, the increase in paperwork will be minimal.

G.  Fiscal Impact

   The amendment will have a modest fiscal impact on the Commonwealth in that new and existing agents will be required to attend training offered by the Commission. The Commission expects to incur an increase in program costs associated with the publication and reproduction of training materials and with employee travel to locations outside the Harrisburg area. The amendment generally will not have an adverse fiscal impact on the Commonwealth's political subdivisions, except for county treasurers who serve as issuing agents. As described previously, the amendment will impose a one-time, nonrefundable fee of $100 on new issuing agents only. The Commission anticipates that it will receive applications from less than 30 new issuing agents each year. New and existing agents also will incur costs associated with traveling to attend mandatory training. Although county treasurers will incur travel costs, section 5304(d.1) of the code exempts them from paying any administrative fee established by the Commission. Costs incurred by county treasurers therefore will be nominal. The amendment will impose no new costs on the general public.

H.  Public Involvement

   A notice of proposed rulemaking was published at 31 Pa.B. 1377 (March 10, 2001). In addition, Commission staff sent copies of the proposal to current boat registration issuing agents for their comments and suggestions.

   The Commission received four public comments and one question concerning the proposed amendment. All four comments expressed concern over the provision that requires agents to issue at least 25 temporary boat registrations during the calendar year in order to maintain their agency. This is not a new requirement, however. Moreover, the prior regulations and the amendment to § 93.13 both provide that if the Executive Director determines that a sufficient number of agents is not available in an area reasonably to address the needs of the boating public, the Executive Director may appoint additional agents from other interested individuals or reduce the number of temporary boat registrations that existing agents are required to issue during the year.

   Two of the comments also expressed concern over the training requirements. One, who described his agency as a ''sideline agency,'' is concerned that training will be offered only during the week when he is working at his full-time job. He suggested that the training be in written form and mailed to the agents, and the agents in turn could take a test and return it to the Commission by mail for evaluation. The other comment expressing concern over the training requirements requested that the Commission offer training in all areas of the State. Copies of all public comments have been provided to the Commissioners.

Findings

   The Commission finds that:

   (1)  Public notice of intention to adopt the amendment 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 comments that were received were considered.

   (3)  The adoption of the amendment 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 § 93.13 to read as set forth in 31 Pa.B. 1377.

   (b)  The Executive Director will submit this order and 31 Pa.B. 1377 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and 31 Pa.B. 1377 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect immediately upon publication in the Pennsylvania Bulletin.

PETER A. COLANGELO,   
Executive Director

   Fiscal Note:  48A-112 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 01-1639. Filed for public inspection September 7, 2001, 9:00 a.m.]



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