PROPOSED RULEMAKING
[ 58 PA. CODE CH. 111 ]
Boating; Special Regulations Counties
[37 Pa.B. 6416]
[Saturday, December 8, 2007]The Fish and Boat Commission (Commission) proposes to amend 58 Pa. Code Chapter 111 (relating to special regulations counties). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed rulemaking amends the regulation relating to boating in Allegheny County.
A. Effective Date
The proposed rulemaking, if approved on final-form rulemaking, will go into effect immediately upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed rulemaking, contact Jason E. Oyler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's website at www.fish. state.pa.us.
C. Statutory Authority
The proposed amendment to § 111.2 (relating to Allegheny County) is published under the statutory authority of section 5124 of the code (relating to particular areas of water).
D. Purpose and Background
The proposed rulemaking is designed to improve, enhance and update the Commission's boating regulations. The specific purpose of the proposed amendment is described in more detail under the summary of proposal.
E. Summary of Proposal
Several years ago, the Commission amended § 111.2(c) to extend the slow, no-wake zone (SNW) on the Allegheny River from the Fort Duquesne Bridge upriver to the Fort Wayne (Norfolk Southern) Bridge. The Commission, however, has been unable to enforce this extension of the SNW zone because it has not been properly marked.
Commission staff made numerous attempts to receive permission from the bridge owner to place SNW signs on the bridge, but a suitable agreement could not be reached. Staff subsequently received permission from the Department of Transportation to place SNW signs on the 9th Street Bridge, which is downriver approximately 1,000 feet from the Fort Wayne (Norfolk Southern) Bridge. The signs were installed on the 9th Street Bridge in May of this year.
The Commission proposes to amend § 111.2(c) to designate the 9th Street Bridge as the upriver SNW limit on the Allegheny River as set forth in Annex A. Prior to the Commission's action, its Boating Advisory Board considered this item and recommended that the Commission approve the publication of a notice of proposed rulemaking containing the amendment.
F Paperwork
The proposed rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking 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 rulemaking 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 by completing the form at www.fishandboat.com/regcomments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt. Electronic comments submitted in any other manner will not be accepted.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: 48A-196. 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 § 111.2. Allegheny County.
* * * * * (c) Allegheny, Monongahela and Ohio Rivers (City of Pittsburgh). Boats are limited to slow, no-wake speed from the Fort Pitt Bridge over the Monongahela River and the [Fort Wayne (Norfolk Southern)] 9th Street Bridge over the Allegheny River to the West End Bridge over the Ohio River. This zone shall be in effect on weekends from May 1 to October 1 from 3 p.m. Friday until midnight Sunday and from 3 p.m. on the day preceding Memorial Day, July 4th and Labor Day until midnight of the holiday.
* * * * *
[Pa.B. Doc. No. 07-2203. Filed for public inspection December 7, 2007, 9:00 a.m.]
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