[58 PA. CODE CHS. 91 AND 111] Boating Safety Education Certificates; Special Regulations Counties [31 Pa.B. 1375] The Fish and Boat Commission (Commission) proposes to amend Chapters 91 and 111 (relating to general provisions; and special regulations counties). The Commission is publishing these amendments as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed amendments relate to boating.
A. Effective Date
The proposed amendments, if approved on final rulemaking, will go into effect upon publication of an order adopting the amendments in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed amendments, contact Laurie E. Shepler, Assistant Counsel, (717) 705-7815, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The proposed amendment to § 91.6 (relating to Boating Safety Education Certificates) is published under the statutory authority of section 5123 of the code (relating to general boating regulations). The proposed amendments to §§ 111.45, 111.48 and 111.52 (relating to Monroe County; Northampton County; and Pike County) are published under the statutory authority of section 5124 of the code (relating to particular areas of water).
D. Purpose and Background
The proposed amendments are designed to update, modify and improve the Commission's regulations pertaining to boating. The specific purpose of the proposed amendments is described in more detail under the summary of proposal. The Commission's Boating Advisory Board has considered the proposals and has recommended that the Commission publish a notice of proposed rulemaking containing the amendments.
E. Summary of Proposal
(1) Section 91.6 (relating to Boating Safety Education Certificates). The Commission's regulations require that operators of personal watercraft and children who are operating certain boats obtain and carry a Boating Safety Education Certificate. It is the intent of the regulations that the operator receive instruction in boating safety and show competence in the boating regulations and procedures. Carrying the Certificate is incidental to this overarching requirement, and the requirement to carry it is intended to help the law enforcement officer ensure that the operator has fulfilled his obligations. It is reasonable to assume that some operators have obtained the requisite Certificate but have forgotten it or misplaced it. Citations usually are not issued when the officer can reasonably assume that the Certificate is likely available, just not onboard.
The Commission's regulations provide a mail-in procedure for persons who are caught fishing without displaying a license or boating without the boat registration card onboard. This procedure has been very successful and has resulted in greater efficiency and use of officer time. Therefore, the Commission proposes implementing a similar program for Boating Safety Education Certificates by amending § 91.6 as set forth in Annex A.
(2) Sections 111.45, 111.48 and 111.52 (relating to Monroe County; Northampton County; and Pike County). The Commission has received notification that the Superintendent of the Delaware Water Gap National Recreation Area has taken action to prohibit the operation of personal watercraft within the boundaries of the area under the jurisdiction of the National Park Service (NPS). The Commission has been asked to amend its regulations to assist in the enforcement of this ban.
The Commission always has had a cooperative relationship with NSP and has attempted to have consistent regulations to help enforcement personnel effectively and uniformly enforce boating safety regulations. Accordingly, the Commission proposes that these special boating regulations be amended to be consistent with the new NPS restrictions as set forth in Annex A.
F. Paperwork
The proposed amendment to § 91.6 will slightly increase paperwork and will create a few new paperwork requirements because boat operators, who are required by regulation to have a Boating Safety Education Certificate onboard and do not have one in their possession, will have the option of mailing the original Certificate to the apprehending officer. If the officer permits the operator to mail the original Certificate to the officer, the officer will provide the operator with a receipt or other documentation that will allow the continued operation of the boat during the period that the original Certificate is not in possession. The proposed amendments to §§ 111.45, 111.48 and 111.52 will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions, and they will impose no new costs on the private sector. The proposed amendment to § 91.6 will impose only nominal costs on those members of the general public who mail the original Certificate to the apprehending officer. The proposed amendments to §§ 111.45, 111.48 and 111.52 will impose no new costs on the general public.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the proposed amendments 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 at ''ra-pfbcregs@state.pa.us.'' A subject heading of the proposal and a return name and address must be included in each transmission. In addition, all electronic comments must be contained in the text of the transmission, not in an attachment. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
PETER A. COLANGELO,
Executive DirectorFiscal Note: 48A-113. No fiscal impact; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART II. FISH AND BOAT COMMISSION Subpart C. BOATING CHAPTER 91. GENERAL PROVISIONS § 91.6. Boating Safety Education Certificates.
* * * * * (e) Boating without a Certificate onboard.
(1) When an operator is found operating a boat without a Boating Safety Education Certificate onboard and claims that the Certificate is available, the apprehending officer shall give the operator 7 days to produce the original Certificate.
(2) If it is inconvenient for the operator to produce the Certificate in person, the officer may permit the operator to mail the original Certificate to the officer for verification. The operator shall provide a stamped self-addressed envelope for the return of the Certificate. If the officer permits the operator to mail the original Certificate to the officer, the officer shall provide the operator with a receipt or other documentation allowing continued operation of the boat during the period the original Certificate is not in possession.
(3) If the operator fails to send the original Certificate within the 7-day period, the officer shall institute summary proceedings against the operator in the manner prescribed by law.
CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.45. Monroe County.
* * * * * (d) Delaware River. The operation of personal watercraft is prohibited within the Delaware Water Gap National Recreation Area.
§ 111.48. Northampton County.
* * * * * (c) Delaware River. The operation of personal watercraft is prohibited within the Delaware Water Gap National Recreation Area (upstream from mile 209.5).
§ 111.52. Pike County.
* * * * * (j) Delaware River. The operation of personal watercraft is prohibited in the following areas within the Upper Delaware Scenic and Recreational River:
* * * * * (4) The Delaware Water Gap National Recreation Area (downstream from mile 250).
[Pa.B. Doc. No. 01-405. Filed for public inspection March 9, 2001, 9:00 a.m.]
