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PA Bulletin, Doc. No. 22-1426

RULES AND REGULATIONS

Title 58—RECREATION

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 111]

Boating; Special Regulations Counties

[52 Pa.B. 5953]
[Saturday, September 17, 2022]

 The Fish and Boat Commission (Commission) amends 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 Fish and Boat Code) (code). The amendment updates the Commission's regulations pertaining to Woodcock Creek Lake, located in Crawford County.

A. Effective Date

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

B. Contact Person

 For further information on this final-form rulemaking, contact Wayne Melnick, 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.fishandboat.com.

C. Statutory Authority

 The amendment to § 111.20 (relating to Crawford County) is published under the statutory authority of section 5124(a) of the code (relating to particular areas of water).

D. Purpose and Background

 The specific purpose and background of this final-form amendment is described in more detail under the summary of changes.

E. Summary of Changes

 Woodcock Creek Lake is a 333-acre flood control project managed by the United States Army Corps of Engineers (USACOE) in Crawford County. Recently, the USACOE Project Manager submitted a request through their Pittsburgh District Office to change the local policy to a 20-horsepower limitation on this impoundment. The USACOE is requesting this horsepower change to allow increased boating opportunities in response to recent upward trends in boating activity. Staff at the project have requested the Commission adopt the same regulatory amendment in the Pennsylvania Code so that Waterways Conservation Officers can continue to assist in enforcement of this boating regulation.

F. Paperwork

 This final-form rulemaking will not increase paperwork and will not create new paperwork requirements.

G. Fiscal Impact

 This final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions.

H. Public Comments

 A notice of proposed rulemaking was published at 52 Pa.B. 3324 (June 11, 2022). The Commission did not receive any public comments regarding the proposal.

Findings

 The Commission finds that:

 (1) Public notice of intention to adopt the amendments 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), referred to as the Commonwealth Documents Law, and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).

 (2) A public comment period was provided, and no public comments were received.

 (3) The adoption of the amendments 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 § 111.20 to read as set forth at 52 Pa.B. 3324.

 (B) The Executive Director will submit this order and 52 Pa.B. 3324 to the Office of Attorney General for approval as to legality and form as required by law.

 (C) The Executive Director shall certify this order and 52 Pa.B. 3324 and deposit them with the Legislative Reference Bureau as required by law.

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

TIMOTHY D. SCHAEFFER, 
Executive Director

 Fiscal Note: Fiscal Note 48A-328 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 22-1426. Filed for public inspection September 16, 2022, 9:00 a.m.]


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