FISH AND BOAT COMMISSION
[ 58 PA. CODE CH. 91 ]
Boating Safety Education Certificates and Criteria for Courses in Boating Safety Education
[37 Pa.B. 6415]
[Saturday, December 8, 2007]
The Fish and Boat Commission (Commission) proposes to amend 58 Pa. Code Chapter 91 (relating to general provisions). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed rulemaking amends the regulations regarding Boating Safety Education Certificates and the criteria for courses in boating safety education.
A. Effective Date
The 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 the proposed rulemaking, contact Laurie E. Shepler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
The proposed amendments to §§ 91.6 and 91.7 (relating to Boating Safety Education Certificates; and criteria for courses of instruction in boating safety education) are published under the statutory authority of section 5103 of the code (relating to boating education).
D. Purpose and Background
The proposed rulemaking is designed to improve, enhance and update the Commission's boating regulations. The specific purpose of the proposed amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
The act of December 9, 2002 (P. L. 1542, No. 199) (act) amended 30 Pa.C.S. § 5103 (relating to boating education) to provide for mandatory boater education. The act established a requirement for persons born after January 1, 1982, and operating a boat powered by a motor in excess of 25 horsepower to obtain and carry a certificate of boating safety education. The act also required the Commission to promulgate regulations that establish criteria for a course of instruction in boating safety education. The Commission subsequently amended its regulation in § 91.6 to describe more fully what constitutes a Boating Safety Education Certificate and distinguished between residents and nonresidents. The Commission also adopted a new regulation in § 91.7 that authorized the Executive Director to designate, by notice, organizations that offer safety education courses that are acceptable for residents, nonresidents, or both. The section further provided that to be approved by the Commission, a course of instruction in boating safety education has to meet the National Boating Safety Education Standards of the National Association of State Boating Law Administrators (NASBLA) and receive the approval of NASBLA.
After a review of these regulations, the Commission proposes to update them by adopting the following changes. The proposed changes to § 91.6 will simplify the definition of a ''Boating Safety Education Certificate.'' The Commission believes that this change more accurately reflects the intent of the act and will eliminate confusion among boaters who move their boats between states. The proposed amendments to § 91.7 will authorize the Executive Director to publish criteria upon which boating courses may be approved for the purposes of the act. The Executive Director will publish separate criteria for Internet, video and classroom courses. The Commis- sion proposes to amend §§ 91.6 and 91.7 as set forth in Annex A.
The proposed rulemaking will not increase paperwork and will create no new paperwork requirements. The Commission currently issues Boating Safety Education Certificates, which will not be changed by the proposed amendments. The Commission will publish course criteria in the Pennsylvania Bulletin under the proposed amendments.
G. Fiscal Impact
The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking will impose no new costs on the private sector or the general public.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the 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 by completing the form at www.fishandboat.com/regcomments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, thecomments should be retransmitted to ensure receipt. Electronic comments submitted in any other manner will not be accepted.
DOUGLAS J. AUSTEN, Ph.D.,
Fiscal Note: 48A-197. No fiscal impact; (8) recommends adoption.
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 91. GENERAL PROVISIONS
§ 91.6. Boating Safety Education Certificates.
(1) For residents of this Commonwealth, [a Boating Safety Education Certificate is one issued to an individual by the Commission. Upon proper application and payment of the appropriate fee, the Commission will issue a Boating Safety Education Certificate to a resident of this Commonwealth who successfully completes a course offered by the Commission, another state, Canada or an organization designated by the Executive Director.
(2) For nonresidents, a Boating Safety Education Certificate is one issued to an individual who successfully completes a course offered by the Commission, another state, Canada or an organization designated by the Executive Director.] a Boating Safety Education Certificate is a document issued by the Commission certifying that the person named on the certificate has established proof of competency through the successful completion of a course approved in accordance with § 91.7 (relating to criteria for courses of instruction in boating safety education).
(3) For nonresidents, a Boating Safety Education Certificate is a certificate, card or other official document that indicates on the certificate, card or other document successful completion of a course approved by the National Association of State Boating Law Administrators.
(b) Certificate issuance. The Commission will issue a Pennsylvania Boating Safety Education Certificate to persons who present proof of successful completion of a boating safety education course approved in accordance with § 91.7 and the payment of fees under section 5104 of the code (relating to fees).
(c) Certificate possession. When the operator of a boat is required by law or regulation to possess a Boating Safety Education Certificate, it is unlawful to operate the boat on the waters of this Commonwealth without carrying onboard the Boating Safety Education Certificate issued to the operator. A Boating Safety Education Certificate shall be carried so that it can be presented to an officer authorized to enforce this subpart. [In addition to the requirements of this subsection, nonresidents shall carry proof of nonresidency.]
[(c)] (d) Temporary certificate. * * *
[(d)] (e) Boating without a certificate onboard.
(1) When an operator is found operating a boat without possessing a Boating Safety Education Certificate [onboard], the operator will cease operation of the boat and follow the instructions of the apprehending officer. The operator may not resume operation of the boat until he demonstrates to the Commission's satisfaction that he possesses a certificate.
* * * * *
[(e)] (f) Prohibitions. A person may not alter, borrow, lend or transfer a Boating Safety Education Certificate or give false or misleading information to the Commission, its officers or agents when applying for a temporary or a permanent Boating Safety Education Certificate.
§ 91.7. Criteria for courses of instruction in boating safety education.
[The Executive Director may designate, by notice, organizations that offer boating safety education courses that are acceptable for residents, nonresidents, or both. A course of instruction in boating safety education shall meet the National Boating Safety Education Standards of the National Association of State Boating Law Administrators (NASBLA) and shall have received the approval of the NASBLA. These standards and procedures for approval may be obtained from the NASBLA at 1500 Leestown Road, Suite 330, Lexington, Kentucky 40511 or http://www.nasbla.org/education_standards.htm.]
(a) The Executive Director will establish criteria for courses of instruction in boating safety education, and the Executive Director will publish the criteria in the Pennsylvania Bulletin.
(b) The Executive Director may approve, by notice, boating safety education courses that meet the course criteria established under this section and will publish a list of approved boating safety education courses in the Pennsylvania Bulletin on an annual basis or more frequently as required.
[Pa.B. Doc. No. 07-2202. Filed for public inspection December 7, 2007, 9:00 a.m.]
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