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PA Bulletin, Doc. No. 22-1863




[ 58 PA. CODE CH. 97 ]

Boating; Operator Provided Equipment

[52 Pa.B. 7384]
[Saturday, December 3, 2022]

 The Fish and Boat Commission (Commission) amends Chapter 97 (relating to operator provided equipment). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendment updates the Commission's regulations pertaining to fire extinguishers.

A. Effective Date

 This final-form rulemaking will go into 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

C. Statutory Authority

 The amendment to § 97.2 (relating to fire extinguishers) is published under the statutory authority of section 5123(a)(5) of the code (relating to general boating regulations).

D. Purpose and Background

 The specific purpose and background of the amendment is described in more detail under the summary of changes.

E. Summary of Changes

 In October 2021, the United States Coast Guard (USCG) published a final rule amending the fire extinguishing equipment regulations for recreational vessels propelled or controlled by propulsion machinery (33 CFR Parts 1 and 175, and 46 CFR Part 25 (relating to general provisions; equipment requirements; and requirements)). This rule relieves owners of these recreational vessels from certain inspection, maintenance and recordkeeping requirements that are more suited for commercial vessels and establishes that portable fire extinguishers on recreational vessels shall be maintained in ''good and serviceable'' condition. The ''good and serviceable'' standard of this rule maintains the substantive requirements of the National Fire Protection Association's Standard 10 without extra burdens and requirements for recreational boaters. The new standard will continue to ensure that portable fire extinguishers are in good working order and ready for immediate use without imposing unnecessary burdens on the public. The Commission updates their regulations to match the new USCG final rule.

F. Paperwork

 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. 3323 (June 11, 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 Chapter 97, are amended by amending § 97.2 to read as set forth at 52 Pa.B. 3323.

 (B) The Executive Director will submit this order and 52 Pa.B. 3323 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. 3323 and deposit them with the Legislative Reference Bureau as required by law.

 (D) This order shall take effect on January 1, 2023.

Executive Director

Fiscal Note: Fiscal Note 48A-327 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 22-1863. Filed for public inspection December 2, 2022, 9:00 a.m.]

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