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PA Bulletin, Doc. No. 99-1011

RULES AND REGULATIONS

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 91]

Lake Winola, Wyoming County; Special Boating Regulations

[29 Pa.B. 3213]

   The Fish and Boat Commission (Commission) by this order amends § 91.4 (relating to age of operator). The Commission is publishing this amendment under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The amendment concerns boating.

A.  Effective Date

   This amendment will go into effect on January 1, 2000.

B.  Contact Person

   For further information on the amendment, contact John F. Simmons, Director, Bureau of Boating and Education, (717) 657-4538, or Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This final rulemaking is available electronically through the Commission's Web site (http://www.fish.state.pa.us).

C.  Statutory Authority

   This amendment is published under the statutory authority of section 5123 of the code (relating to general boating regulations).

D.  Purpose and Background

   The amendment is designed to update, modify and improve Commission regulations pertaining to boating. The specific purpose of the amendment is described in more detail under the summary of changes. Prior to consideration by the Commission on proposed rulemaking, the Commission's Boating Advisory Board reviewed the proposal and recommended that the Commission approve the publication of a notice of proposed rulemaking containing the amendment.

E.  Summary of Proposal

   The Commission has amended § 91.4 so that a person 11 years of age or younger may not operate a motorboat propelled by a motor greater than 10 horsepower, regardless of whether a person 16 years of age or older is present onboard. Subsection (b) currently provides that a person 11 years of age or younger may not operate a personal watercraft (PWC). The amendment makes the regulations consistent. The amendment also reflects a belief held by some that persons under 12 should not operate any motorboat greater than 10 horsepower (not just PWCs).

F.  Paperwork

   The amendment will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

   The amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendment will impose no new costs on the private sector or the general public.

H.  Public Involvement

   A notice of proposed rulemaking was published at 28 Pa.B. 6184 (December 19, 1998). The Commission did not receive any public comments regarding the proposal during the public comment period.

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 91, are amended by amending § 91.4 to read as set forth at 28 Pa.B. 6184.

   (b)  The Executive Director will submit this order and 28 Pa.B. 6184 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and 28 Pa.B. 6184 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.

PETER A. COLANGELO,   
Executive Director

   Fiscal Note:  Fiscal Note 48A-87 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 99-1011. Filed for public inspection June 25, 1999, 9:00 a.m.]


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