Notice of Intent to Add, Amend and Repeal the Boating Regulations
The Commissioner of the Department of Environmental Protection (DEP) hereby gives notice of a public hearing as part of a rulemaking proceeding. The purpose of this proceeding is to add one new regulation, revise certain other boating regulations and to repeal two obsolete regulations.
The proposed changes, summarized below, affect sixteen sections of the Regulations of the Connecticut State Agencies (RCSA).
- RCSA Sections 15-121-A11 and 15-121-A12, which deal with personal flotation devices and fire extinguishers, are repealed because they have been rendered obsolete by changes in state law;
- RCSA Section 15-121-B5 and 15-121-B5a are amended, and RCSA Section 15-121-B5(f) is added to implement changes regarding the acquisition and renewal of marine dealer registration numbers. In combination these changes provide marine surveyors access to marine dealer registration numbers and increase the access of yacht brokers to such numbers by waiving the requirement that a qualifying broker maintain an established place of business. An annual $100 fee is established for each marine dealer registration number, an increase from the current fee of $50 and consistent with the doubling of fees required under Connecticut Public Act (PA) 09-3. Also, a one-time examination fee of $280 is established for a first-time applicant for a marine dealer registration number;
- RCSA Section 15-121-B14 is amended to express the Commissioner’s authority to make a temporary speed zone in association with a permitted marine event and in the interest of public safety;
- RCSA Section 15-121-B15o is added at the request of the local Harbor Management Commission to make the entire Mystic River a Slow-No-Wake zone;
- Subsection (a) of RCSA section 15-121-B18 is amended to expand the list of waterbodies where law enforcement agencies or other governmental vessels being used in the performance of official duties or an emergency are exempt from speed limits or other local constraints;
- RCSA Sections 15-140f-1, 15-140f-3, 15-140f-4, and 14-140j-3 are changed to accommodate long range plans to shift DEP’s role from teaching boating safety to providing education oversight, to allow the Commissioner to approve online boating safety courses as an option for obtaining safe boating education that leads to certification; to codify the doubling of fees set by regulation as required by PA 09-3, and to track and issue safe boating certificates and certificates of personal watercraft operation through DEP’s online sportsmen licensing system;
- RCSA Section 15-140f-5 is amended to require residents of the state who hold reciprocal-state boating credentials to also obtain Connecticut-issued boating credentials within 90 days of obtaining residency; and
- RCSA Sections 15-140f-2, 15-140f-4, 15-140j-1, 15-140j-2 and 15-140j-3 are amended to change the rules for equivalency examinations so that a person may sit for such an examination only once, and to raise the fee for such examination from $25 to $75.
DEP also invites comment on draft language, which would be located in subsection (g) of RCSA Sections 15-140f-4 and subsection (h) of RCSA Section 15-140j-3 of this regulatory proposal, that would establish a fee of no more than $20.00 for the administration of a proctored examination for safe boating courses approved pursuant to proposed RCSA Section 15-140f-1(5). The institution of such fee is authorized by Connecticut General Statutes Sections 15-140f (b) and 15-140j (d).
All interested persons are invited to comment on the proposal. Comments should be submitted no later than 4:30 PM on July 9, 2010 to Timothy F. Delgado, DEP, Boating Division, P.O. Box 280, Old Lyme, CT 06371. Comments may be submitted by post, facsimile to (860) 434-3501 or by electronic mail to timothy.delgado@ct.gov
In addition to accepting written comments, DEP will also hold the public hearing described below. Any person giving oral comment at the hearing will be asked to submit a written copy of such comments.
PUBLIC HEARING
June 29, 2010 at 7:00 PM
Marine Headquarters
Department of Environmental Protection
333 Ferry Road,
Old Lyme, CT
June 29, 2010 at 7:00 PM
Marine Headquarters
Department of Environmental Protection
333 Ferry Road,
Old Lyme, CT
Copies of the proposal, a statement required by CGS section 22a-6(h) and a fiscal impact analysis, are available for public inspection during normal business hours from Timothy Delgado at DEP Marine Headquarters in Old Lyme and at the Bureau of Outdoor Recreation, DEP, 6th Floor, 79 Elm Street, Hartford, CT. Additional copies are also available for review at the Law Reference Desk at the Connecticut State Library and the Mystic Public Library. The same documents are posted on DEP’s website at the following location:
For further information, contact Timothy Delgado of the Boating Division (860) 447-4354 or by electronic mail to timothy.delgado@ct.gov
In conformance with the Americans with Disabilities Act, individuals with disabilities who need information in an alternative format to benefit from or participate in DEP’s programs and services should call 860-424-3051 or 860-418-5937 and make such a request of the Affirmative Action Office or e-mail Marcia Z. Bonitto, ADA Coordinator, at: Marcia.Bonitto@ct.gov. Requests for accommodations to attend the above-referenced hearing must be made at least two weeks prior to the scheduled date.
The authority to adopt the proposal is granted by CGS sections 22a-6, 15-121, and 15-145. This notice is required pursuant to CGS sections 22-6.
/s/ Amey W. Marrella
Amey W. Marrella
Commissioner
Published in the Connecticut Law Journal on May 18, 2010
Post Hearing Regulatory Process Documents
