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PA Bulletin, Doc. No. 08-565

RULES AND REGULATIONS

Title 58--RECREATION

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 111]

Boating

[38 Pa.B. 1468]
[Saturday, March 29, 2008]

   The Fish and Boat Commission (Commission) has amended Chapter 111 (relating to special regulations counties). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The final-form rulemaking amends the regulations relating to boating in Allegheny County.

A.  Effective Date

   The final-form rulemaking will go into effect immediately upon publication in the Pennsylvania Bulletin.

B.  Contact Person

   For further information on this final-form rulemaking, contact Jason E. Oyler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's web site at www.fish.state.pa.us.

C.  Statutory Authority

   The 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 final-form rulemaking is designed to improve, enhance and update the Commission's boating regulations. The specific purpose of the amendment is described in more detail under the summary of changes.

E.  Summary of Changes

   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 last year.

   Accordingly, the Commission proposed to amend its regulation to change the upper limit of the SNW zone on the Allegheny River from the Fort Wayne (Norfolk Southern) Bridge to the 9th Street Bridge. The Commission's Boating Advisory Board considered this change and recommended that the Commission adopt the amendment on final-form rulemaking. The Commission adopted the amendment as set forth in the notice of proposed rulemaking.

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 37 Pa.B. 6416 (December 8, 2007). The Commission did not receive any public comments regarding the proposed rulemaking.

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 § 111.2 to read as set forth in 37 Pa.B. 6416.

   (b)  The Executive Director will submit this order and 37 Pa.B. 6416 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and 37 Pa.B. 6416 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.

DOUGLAS J. AUSTEN, Ph.D.,   
Executive Director

   Fiscal Note:  Fiscal Note 48A-196 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 08-565. Filed for public inspection March 28, 2008, 9:00 a.m.]


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