FISH AND BOAT COMMISSION [58 PA. CODE CH. 117] Boat Rental Business [29 Pa.B. 2678] The Fish and Boat Commission (Commission) proposes to amend Chapter 117 (relating to boat rental businesses). 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 livery operators.
A. Effective Date
The proposed amendments, if approved on final rulemaking, will go into effect on January 1, 2000, or upon publication of an order adopting the amendments in the Pennsylvania Bulletin, whichever occurs later.
B. Contact Person
For further information on the proposed changes, contact John F. Simmons, Director, Bureau of Boating and Education (717) 657-4538 or Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available elec- tronically through the Commission's Web site (http://www.fish.state.pa.us).
C. Statutory Authority
The proposed amendments are published under the statutory authority of section 5122 of the code (relating to registration, licenses, permits, plates and statistics).
D. Purpose and Background
The proposed amendments are designed to update, modify and improve Commission regulations relating to boat rental businesses. The specific purpose of the proposed amendments is described in more detail under the summary of proposal. Prior to consideration by the Commission, the Commission's Boating Advisory Board reviewed the proposal and recommended that the Commission approve the publication of a notice of proposed rulemaking containing these changes.
E. Summary of Proposal
At its July 1998 meeting, the Commission adopted a regulation that requires operators of personal watercraft to obtain and carry a Boating Safety Education Certificate when operating their craft. The regulation also authorized and directed staff to prepare guidelines that would provide for the issuance of temporary certificates to operators of rental boats and purchasers of new boats.
Currently, the Commission's regulations require rental businesses to keep records, provide equipment and make a safety presentation prior to a rental. To properly manage the issuance of temporary certificates by liveries, the Commission must identify these businesses and provide an enforceable mechanism to provide terms and conditions for the operators of the liveries. The code authorizes the Commission to promulgate special provisions applicable to operators of boat liveries, and the Commission proposes to exercise this authority by requiring that most active liveries receive an annual livery operator's permit.
The Commission proposes to amend Chapter 117 by replacing it in its entirety to read as set forth in Annex A.
F. Paperwork
The proposed amendments will slightly increase paperwork in that boat liveries will be required to apply for, and the Commission will provide, annual livery operator's permits. The recordkeeping requirements for boat liveries have not changed.
G. Fiscal Impact
The proposed amendments will have a slight fiscal impact on the Commonwealth in that the Commission will incur relatively modest costs associated with printing the livery operator's permits as well as posters and other written educational materials. There are currently only about 100 boat liveries in this Commonwealth. The Commission estimates that its annual printing/postage costs will be less than $1,000. Educational materials to be supplied to the liveries will cost the Commission an additional $1,000 per year. The proposed amendments also will have a minimal fiscal impact on the private sector in that livery operators will incur modest costs in applying for the permits. There is, however, no permit fee. The proposed amendments will impose no new costs on political subdivisions or 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, Pennsylvania 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 ''regulations@fish.state.pa.us.'' A subject heading of the proposal and a return name and address must be included in each transmission. 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-90.(1) Boat Fund; (2) Implementing Year 1999-00 is $2,000; (3) 1st Succeeding Year 2000-01 os $2,000; 2nd Succeeding Year 2001-02 is $2,000; 3rd Succeeding Year 2002-03 is $2,000; 4th Succeeding Year 2003-04 is $2,000; 5th Succeeding Year 2004-05 is $2,000; (4) Fiscal Year 1998-99 $n/a; Fiscal Year 1997-98 $n/a; Fiscal Year 1996-97 $n/a; (7) General Government Operations; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART II. FISH AND BOAT COMMISSION Subpart C. BOATING CHAPTER 117. BOAT RENTAL BUSINESSES (Editor's Note: As part of this proposal, the Commission is proposing to delete the existing text of 58 Pa. Code §§ 117.1--117.5, pages 117-1--117-3, serial numbers (251609)--(251611) and replace it with the following sections.)
Sec.
§ 117.1. Definitions. § 117.2. Special provisions applicable to livery operators. § 117.3. Inspections. § 117.4. Responsibilities. § 117.5. Personal watercraft liveries. § 117.6. Prohibited acts. § 117.7. Administrative actions. § 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 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. The term includes canoes, kayaks, inflatable boats, rowboats, sailboats, personal watercraft and other motorboats.
§ 117.2. Special provisions applicable to livery operators.
(a) A boat livery that owns or controls two or more rental boats or that undertakes five or more boat rental transactions for a single rental boat in any 12-month period is required to obtain an annual livery operator's permit from the Commission.
(b) An application for a livery operator's permit shall be made on the forms provided by the Commission. The boat livery shall complete the application and provide the requested information. Information on the application shall include the following:
(1) The name and address of the boat livery.
(2) The name of the manager or contact person and a daytime telephone number.
(3) The hours of rental operation.
(4) The number and type of boats available for rent.
(5) The body of water, if applicable.
(c) An application shall be received by the Commission at least 45 days prior to the date on which the applicant plans to commence boat livery operations for the year for which the application is submitted. Applications shall be sent to:
Pennsylvania Fish & Boat Commission
Bureau of Boating and Education
Post Office Box 67000
Harrisburg, Pennsylvania 17106-7000(d) An application for an annual livery operator's permit shall be accompanied by proof that the boat livery is covered by general public liability insurance for both operators of the rental boats and third parties. The minimum amount for the insurance coverage is $250,000 per episode.
(e) A livery operator's permit shall be posted at a prominent location at the main base of rental operation.
(f) A livery operator's permit shall expire at the end of the calendar year for which it is issued.
§ 117.3. Inspections.
(a) A livery operator shall permit inspection of equipment, facilities and documentation required by this section at any time during normal working hours by a waterways conservation officer or other officer authorized to enforce the code. A livery operator shall retain documentation required by this section for the current and preceding year. The Commission, by notification in writing, may require a livery operator to retain records that are the subject of an unresolved investigation until the conclusion or resolution of the investigation.
(b) A livery operator shall correct deficiencies cited by a waterways conservation officer or other officer authorized to enforce the code within 2 weeks of notification. If the deficiency involves equipment, the equipment may not be used until the deficiency is corrected.
(c) A livery operator shall inspect rental boats on a regular basis, at least annually, and shall maintain rental boats in good repair. A livery operator may not rent or use a rental boat that is not in good repair and serviceable condition. A livery operator shall maintain inspection and maintenance records for all rental boats. The records shall be available for inspection by a waterways conservation officer or other officer authorized to enforce the code.
§ 117.4. Responsibilities.
(a) A livery operator may not permit a rental boat to depart from the boat rental business without the following equipment:
(1) United States Coast Guard approved, wearable personal flotation devices (PFDs) as required by § 97.1 (relating to personal flotation devices). The PFDs shall be of the appropriate size and design for the individual using the device and the type of boating activity.
(2) A sound producing device as required by § 97.3 (relating to sound producing devices).
(3) A fire extinguisher when required by § 97.2 (relating to fire extinguishers).
(4) Lights when required by § 95.3 (relating to lights for boats).
(5) Other equipment required by the code.
(b) A livery operator shall review the laws and regulations governing safe operation of rental boats with persons renting the boats. Persons who produce a boating safety education certificate issued or approved by the Commission under § 91.6 (relating to certificates) are exempt from review. A livery operator also shall provide instruction regarding the safe operation of rental boats to persons renting the boats. The Executive Director or a designee will provide guidance to livery operators on the preparation and presentation of regulation summaries and instruction based on the type of rental boat, type of water and conditions of rental.
(c) A livery operator shall rent rental boats using a written agreement, specifying the name and address of the lessee, persons in the lessee's party, date and time of departure and expected date and time of return, number of PFDs issued by the boat rental business, identification of the rental boats and additional safety equipment onboard. A livery operator shall preserve this record for the current and preceding year.
(d) A livery operator shall display on all rental boats the name of the boat rental business or the legend RENTAL and the permit number above the waterline for purposes of identification. The designations shall be of at least 3 inch block letters and be of a color contrasting to that of the rental boat.
(e) A livery operator shall rent only rental 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 display on all rental boats a capacity plate as required by Chapter 99 (relating to capacity plates). A livery operator may not rent or use a rental boat in excess of its capacity as set forth by the manufacturer for the total number of passengers, total weight or horsepower recommendations.
(g) A livery operator shall submit a boating accident report for all reportable accidents involving one or more of the rental boats in accordance with Chapter 101 (relating to boating accidents).
§ 117.5. Personal watercraft liveries.
(a) A livery operator that rents personal watercraft shall verify that renters of personal watercraft comply with the applicable requirements in § 109.3 (relating to personal watercraft) and the guidelines on providing education and training issued by the Executive Director. A livery operator that rents personal watercraft also shall verify that renters of personal watercraft either possess a permanent boating safety education certificate or have obtained a temporary boating safety education certificate from the personal watercraft livery.
(b) In applying for a livery operator's permit for a personal watercraft livery, the applicant shall, in addition to providing the information required by § 117.2 (relating to special provisions applicable to livery operators), describe the measures to be taken to oversee the operation of rented personal watercraft by persons who possess only a temporary boating safety education certificate. The measures may include:
(1) Design
