Pennsylvania Bulletin

PA Bulletin, Doc. No. 98-480

RULES AND REGULATIONS

Title 58--RECREATION

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 51]

Petitions for Boating Regulations

[28 Pa.B. 1521]

   The Fish and Boat Commission (Commission) by this order amends § 51.6 (relating to petitions for regulations). The Commission is publishing this amendment under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendment concerns administration.

A.  Effective Date

   This amendment will go into effect immediately upon publication of this order in the Pennsylvania Bulletin.

B.  Contact Person

   For further information on the amendment, contact Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This final rulemaking is available electronically through the Commission's Web site at http://www.fish.state.pa.us.

C.  Statutory Authority

   The amendment is published under the statutory authority of section 10 of the Sunshine Act (65 P. S. § 280) and section 506 of The Administrative Code of 1929 (71 P. S. § 186). This amendment also is published in accordance with section 204 of the act of July 31, 1968 (P. L. 769, No. 240)(45 P. S. § 1204) (CDL) which provides that an agency may omit or modify the procedures specified in sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) if the agency for good cause finds (and incorporates the finding and a brief statement of the reasons therefor in the order adopting the administrative regulation or change therein) that the procedures specified in sections 201 and 202 of the CDL are under the circumstances impracticable, unnecessary or contrary to the public interest.

D.  Purpose and Background

   Under § 51.5 (relating to correction of regulations), the Executive Director is authorized to take immediate corrective action on the Commission's behalf if the Executive Director or the Commission's staff discovers an error or omission in the text of a Commission regulation as published in the Pennsylvania Code or Pennsylvania Bulletin. It has been brought to the Commission's attention that § 51.6(f), as published in the Pennsylvania Code, erroneously refers to section 5122(c) of the code (relating to registrations, license permits, plates and statistics) instead of section 5121(c) of the code (relating to promulgation). The purpose of the amendment is to correct this incorrect reference.

E.  Summary of Change

   The Commission is amending § 51.6(f) to change section 5122(c) of the code to section 5121(c) of the code.

F.  Paperwork

   The amendment hereby adopted will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

   The amendment hereby adopted will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendment will impose no new costs on the private sector or the general public.

H.  Public Involvement

   Under section 204 of the CDL, an agency may omit the procedures specified in sections 201 and 202 of the CDL if the agency finds that these procedures are unnecessary. The Commission, therefore, did not publish this amendment as a notice of proposed rulemaking or solicit public comment.

Findings

   The Commission finds that:

   (1)  An error was discovered in the text of 58 Pa. Code § 51.6(f) as published in the Pennsylvania Code.

   (2)  Under § 51.5, the Executive Director is authorized to take immediate corrective action on behalf of the Commission, including, if necessary, the issuance of an order to make the necessary correction, if the Executive Director or the Commission's staff discovers an error in the text of a Commission regulation as published in the Pennsylvania Code.

   (3)  Under the circumstances, the procedures of sections 201 and 202 of the CDL are unnecessary.

Order

   The Commission, acting under the authorizing statutes, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 51, are amended by amending § 51.6 to read as set forth at Annex A, with ellipses referring to the existing text of the regulation.

   (b)  The Executive Director will submit this order and Annex A to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect immediately upon publication in the Pennsylvania Bulletin.

PETER A. COLANGELO,
Executive Director

   Fiscal Note: 48A-76. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART II.  FISH AND BOAT COMMISSION

Subpart A.  GENERAL PROVISIONS

CHAPTER 51.  ADMINISTRATIVE PROVISIONS

§ 51.6.  Petitions for regulations.

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   (f)  Boating regulations. For boating regulations, the staff will submit the petition, the staff report, the petitioner's response, if any, and the staff response, if any, to the Boating Advisory Board for review and consideration at its next regular meeting occurring more than 30 days after the file is deemed complete. The Boating Advisory Board shall review the materials and provide advice and recommendations to the Commission as provided in section 5121(c) of the code (relating to promulgation).

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[Pa.B. Doc. No. 98-480. Filed for public inspection March 27, 1998, 9:00 a.m.]

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