RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 103, 105, 109 AND 111]
[52 Pa.B. 5952]
[Saturday, September 17, 2022]
The Fish and Boat Commission (Commission) amends Chapters 103, 105, 109 and 111. The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendments update the Commission's regulations relating to boat-towed watersports.
A. Effective Date
This final-form rulemaking shall take effect on January 1, 2023.
B. Contact Person
For further information on this final-form rulemaking, contact Wayne Melnick, Esq., P.O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's web site at www.fishandboat.com.
C. Statutory Authority
The amendment to § 105.1 (relating to conditions requiring immediate corrective action), is published under the statutory authority of section 5123 of the code (relating to general boating regulations). The amendments to §§ 103.3 and 105.3 (relating to restrictions for special areas; and unacceptable boating practices) are published under the statutory authority of section 5123(a). The amendment to § 109.4 (relating to waterskiing, aquaplaning, kiteskiing and similar activities) is published under the statutory authority of section 5123(a)(5) of the code. The amendments to §§ 111.2, 111.3, 111.6, 111.13, 111.58, 111.64 and 111.66 are published under the statutory authority of section 5124(a) of the code (relating to particular areas of water).
D. Purpose and Background
The specific purpose and background of the amendments are described in more detail under the summary of changes.
E. Summary of Changes
On September 28, 2021, the National Association of State Boating Law Administrators (NASBLA) membership adopted a model act for safe boating practices for boat-towed watersports. This act was originally adopted in 2003, then modified in 2004, 2005 and 2007 to reflect safety issues and current trends in recreational boating activity. In February 2020, the NASBLA Enforcement and Training Committee accepted a charge to examine and update an earlier version of the act, based on new equipment and technologies in towed watersports activities. The revised model act was presented to the NASBLA membership and voted upon at the 2021 annual conference in Pittsburgh, PA. The Commission has reviewed and selected relevant portions of the act to incorporate and modernize its regulations in §§ 103.3, 105.1, 105.3, 109.4, 111.2, 111.3, 111.6, 111.13, 111.58, 111.64 and 111.66. These amendments also include corrections to inconsistent wording relating to these changes.
This final-form rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
This final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions.
H. Public Comments
A notice of proposed rulemaking was published at 52 Pa.B. 3435 (June 18, 2022). The Commission did not receive any public comments regarding the proposal.
The Commission finds that:
(1) Public notice of intention to adopt the amendments 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), referred to as the Commonwealth Documents Law, and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).
(2) A public comment period was provided, and no public comments were received.
(3) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.
The Commission, acting under the authorizing statutes, orders that:
(A) The regulations of the Commission, 58 Pa. Code Chapters 103, 105, 109 and 111, are amended by amending §§ 103.3, 105.1, 105.3, 109.4, 111.2, 111.3, 111.6, 111.13, 111.58, 111.64 and 111.66 to read as set forth at 52 Pa.B. 3435.
(B) The Executive Director will submit this order and 52 Pa.B. 3435 to the Office of Attorney General for approval as to legality and form as required by law.
(C) The Executive Director shall certify this order and 52 Pa.B. 3435 and deposit them with the Legislative Reference Bureau as required by law.
(D) This order shall take effect on January 1, 2023.
TIMOTHY D. SCHAEFFER,
Fiscal Note: Fiscal Note 48A-329 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 22-1425. Filed for public inspection September 16, 2022, 9:00 a.m.]
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