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PA Bulletin, Doc. No. 10-498

RULES AND REGULATIONS

FISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 111 ]

Boating

[40 Pa.B. 1503]
[Saturday, March 20, 2010]

 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 the Fish and Boat Code) (code).

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 the 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 § 111.56 (relating to Somerset County), adding Subsections (c), (d) and (e), 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. The Commission's Boating Advisory Board previously considered the proposal and recommended that the Commission approve the publication of a notice of proposed rulemaking containing the amendment.

E. Summary of Changes

 A recent review of § 111.56 showed that Lake Somerset, High Point Lake, and Cranberry Glade Lake were not included when the Commission reorganized its boating regulations in 1994. These lakes were inadvertently omitted at the time and thus were not part of the rulemaking package that was published in the Pennsylvania Bulletin. The Commission therefore has amended § 111.56 to add these overlooked lakes as set forth in the notice of proposed rulemaking. It is noted that because these lakes are owned or controlled by the Commission, it is already illegal to operate boats with internal combustion motors under § 53.8(a) (relating to boats).

F. Paperwork

 The final-form rulemaking will not increase paperwork and will not create 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 Comments

 A notice of proposed rulemaking containing the proposed amendment was published at 39 Pa.B. 5916 (October 10, 2009). 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) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

 (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 111, are amended by amending § 111.56 to read as set forth in 39 Pa.B. 5916.

 (b) The Acting Executive Director will submit this order and 39 Pa.B. 5916 to the Office of Attorney General for approval as to legality and form as required by law.

 (c) The Acting Executive Director shall certify this order and 39 Pa.B. 5916 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.

BRIAN P. BARNER, 
Acting Executive Director

 Fiscal Note: Fiscal Note 48A-214 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 10-498. Filed for public inspection March 19, 2010, 9:00 a.m.]


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