RULES AND REGULATIONS
[58 PA. CODE CH. 111]
Boating
[34 Pa.B. 6333] The Fish and Boat Commission (Commission) by this order amends Chapter 111 (relating to special regulations counties). The Commission is publishing this final-form rulemaking under 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The final-form rulemaking relates to the elimination of the slow, no wake zone in the Horseshoe Curve part of the Youghiogheny River Lake, Somerset County.
A. Effective Date
This final-form rulemaking will go into effect on January 1, 2005.
B. Contact Person
For further information on the final-form rulemaking, contact Laurie E. Shepler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This final-form rulemaking is available electronically through the Commission's website www.fish.state.pa.us.
C. Statutory Authority
The amendment to § 111.56 (relating to Somerset County) is published under section 5124 of the code (relating to particular areas of water). A person violating the regulations contained in Chapter 111 commits a summary offense of the third degree for which a $50 fine is imposed.
D. Purpose and Background
This final-form rulemaking is designed to update, modify and improve the Commission's boating regulations. The specific purpose of the amendment to § 111.56 is described in more detail under the summary of change. The Commission's Boating Advisory Board considered the proposed amendment and recommended that the Commission adopt the amendment as set forth in the notice of proposed rulemaking.
E. Summary of Change
The United States Army Corps of Engineers (Corps), Pittsburgh District, requested that a provision of § 111.56(b)(1) be removed. Corps staff at Youghiogheny River Lake stated that the regulation is not necessary because usage in the Horseshoe Curve part of the lake, even during peak usage periods, does not warrant the retention of a slow, no wake zone. In addition, subsection (b) combines personal flotation device requirements in the same subsection as the slow, no wake areas. Separating these subjects into different paragraphs increases the clarity of the regulation. The Commission amended this section to read as set forth in the notice of proposed rulemaking.
As part of the proposed rulemaking package, the Commission also proposed a change to § 111.2 (relating to Allegheny County). Specifically, the Commission proposed the creation of a slow, no wake zone on the Ohio River, Allegheny County, in the back channel of Neville Island from the Coraopolis Bridge upstream to the Interstate 79 bridge from May 1 through October 1. The Commission did not adopt the proposed amendment on final-form rulemaking, and accordingly, the proposed amendment is withdrawn.
F. Paperwork
The final-form rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking was published at 34 Pa.B. 4152 (August 7, 2004). The Commission did not receive any public comments concerning the proposed amendment to § 111.56.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendment 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) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided, and no comments were received.
(3) The adoption of the amendment of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.
Order
The Commission, acting under the authorizing statutes, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 111, are amended by amending § 111.56 to read as set forth in Annex A.
(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 January 1, 2005.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: 48A-158. No fiscal impact; (8) recommends adoption.
(Editor's Note: A document amending §111.56 appears at 34 Pa.B. 6333 (November 27, 2004).)
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.56. Allegheny County.
(a) Laurel Hill Lake. The operation of boats powered by internal combustion motors is prohibited.
(b) Youghiogheny River Lake.
(1) Persons shall wear a Coast Guard approved personal flotation device at all times when on board boats less than 16 feet in length or any canoe or kayak.
(2) Boats are limited to slow, no wake speed within the following areas:
(i) Wilkins Hollow Cove.
(ii) Tub Run Cove. From a line extending in a southwesterly direction between the outermost points of land on each side of the cove as marked.
(iii) Somerfield Recreation Area. As marked in the vicinity of the boat launch ramp and marina.
(iv) Fall Run Cove.
(v) Hall Run Cove.
(vi) Braddocks Run Cove.
(vii) Reason Run Cove.
(viii) Off Somerfield Hill.
[Pa.B. Doc. No. 04-2105. Filed for public inspection November 24, 2004, 9:00 a.m.]
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