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PA Bulletin, Doc. No. 23-1687

RULES AND REGULATIONS

Title 58—RECREATION

FISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 107 ]

Boating; Boating Restrictions

[53 Pa.B. 7598]
[Saturday, December 9, 2023]

 The Fish and Boat Commission (Commission) amends Chapter 107 (relating to boating restrictions). 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 eliminating redundant regulations.

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 Renae Kluk Kiehl, Esquire, 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 § 107.5 (relating to streams less than 200 feet across) is published under the statutory authority of section 5123(a) of the code (relating to general boating regulations).

D. Purpose and Background

 The specific purpose and background of the amendment are described in more detail under the summary of changes.

E. Summary of Changes

 In § 103.3(a) (relating to restriction for special areas), ''[b]oats are limited to slow, no wake speed when within 100 feet of the shoreline; docks; launching ramps; swimmers or downed skiers or other boat-towed watersports participants; persons wading in the water; anchored, moored, or drifting boats; floats, except for ski jumps and ski landing floats; or other areas so marked. This subsection does not apply in a zoned ski area or authorized ski return areas when those areas are found within the areas described in this subsection.'' According to this regulation, boats operating in a waterway less than 200 feet across would be within 100 feet of either shoreline and restricted to slow, no wake speed operation. Therefore, § 107.5 of the Commission's regulations is redundant and is deleted.

 The Commission amends § 107.5 to read as set forth at 53 Pa.B. 5179 (August 19, 2023).

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 53 Pa.B. 5179. The Commission did not receive any public comments regarding the proposal.

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), 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 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 107, are amended by amending § 107.5 to read as set forth at 53 Pa.B. 5179.

 (B) The Executive Director will submit this order and 53 Pa.B. 5179 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 53 Pa.B. 5179 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-344 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 23-1687. Filed for public inspection December 8, 2023, 9:00 a.m.]


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