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PA Bulletin, Doc. No. 98-2064

PROPOSED RULEMAKING

[58 PA. CODE CH. 111]

Boating

[28 Pa.B. 6184]

   The Fish and Boat Commission (Commission) proposes to amend Chapter 111 (relating to special regulations counties). The Commission is publishing this amendment as a notice of proposed rulemaking under the authority of 30 Pa. C.S. (relating to Fish and Boat Code) (code). The proposed amendment deals with boating.

A.  Effective Date

   This proposed amendment, if approved on final rulemaking, will go into effect upon publication of an order adopting the amendment in the Pennsylvania Bulletin.

B.  Contact Person

   For further information on the proposed change, contact John F. Simmons, Director, Bureau of Boating and Education, (717) 657-4538, or Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's Web site (http://www.fish.state.pa.us).

C.  Statutory Authority

   This proposed amendment is published under the statutory authority of section 5124 of the code (relating to particular areas of water).

D.  Purpose and Background

   The proposed amendment is designed to update, modify and improve the Commission's special boating regulations at Lake Winola. The specific purpose of the proposed amendment is described in more detail under the summary of proposal. Prior to consideration by the Commission, the Commission's Boating Advisory Board reviewed the proposal and recommended that the Commission approve the publication of a notice of proposed rulemaking to seek public comment on the change.

E.  Summary of Proposal

   Section 111.66 (relating to Wyoming County). The Commission has received a petition from an adhoc committee at Lake Winola requesting that the Commission adopt special boating regulations to ban, among other things, the use of motor boats on Sunday mornings. Lake Winola, a 185+/- acre lake, is located entirely in Overfield Township in Wyoming County. Wyoming County asserts ownership of all of the land that lies under the lake. Lake Winola is divided into two boating areas by a promontory of land. The lake is surrounded by numerous cottages, many of which have boats at docks or moorings. There is an active Cottagers Association. The Commission maintains an access area at the lake.

   The subject of special boating regulations for Lake Winola was discussed in some detail at the last meeting of the Commission's Boating Advisory Board. The Board recommended the Commission initiate immediate regulatory action to address some of the concerns raised in the petition. Even though the petition is undergoing a more formal review process, the Commission is not foreclosed from seeking public comment on proposals as it deems appropriate. In this case, it appears that an informal practice of limiting use of motorboats on Lake Winola during a quiet period on Sunday mornings has been in effect for several summers. The Boating Advisory Board recommended that the Commission publish a notice of proposed rulemaking and seek public comment on an interim change for the 1999 boating season.

F.  Paperwork

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

G.  Fiscal Impact

   The proposed amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed amendment 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 amendment 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 at ''regulations@fish.state.pa.us.'' A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.

PETER A. COLANGELO,   
Executive Director

   Fiscal Note: 48A-88. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART II.  FISH AND BOAT COMMISSION

Subpart C.  BOATING

CHAPTER 111.  SPECIAL REGULATIONS COUNTIES

§ 111.66.  Wyoming County.

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   (b)  Lake Winola.

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   (2)  The speed of boats is limited to slow, minimum height swell speed from sunset to sunrise, 7 days a week, year-round, and from sunrise to 11 a.m. on Sundays from the day before Memorial Day until Labor Day.

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[Pa.B. Doc. No. 98-2064. Filed for public inspection December 18, 1998, 9:00 a.m.]


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