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PA Bulletin, Doc. No. 19-1313

RULES AND REGULATIONS

Title 58—RECREATION

FISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 111 ]

Special Regulations Counties

[49 Pa.B. 4950]
[Saturday, August 31, 2019]

 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 amendments update the Commission's list of waters subject to special 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 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 amendments to § 111.2 (relating to Allegheny County) are 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 the amendments is described in more detail under the summary of changes.

E. Summary of Changes

 The area known as the Point in Pittsburgh is where the Monongahela and Allegheny Rivers come together to form the Ohio River. This busy boating destination is regulated specifically by § 111.2. During the busy boating season, a No Wake Zone is enforced from the Fort Pitt Bridge over the Monongahela River and the 9th Street Bridge over the Allegheny River to the West End Bridge on the Ohio River. This zone is in effect on weekends from May 1 to October 1 each year as well as on the three summer holidays.

 Recently, several entities including the City of Pittsburgh, Pittsburgh Safe Boating Council, 3 Rivers Rowing Association and the Pittsburgh Downtown Community Development Corporation have requested that the Commission consider extending the zone on the Allegheny River to the Veterans Bridge and keeping it in effect through November 1 of each year. This change is needed due to increased boating traffic in the fall for various events in the area. Additionally, the zone would create safer conditions for mooring vessels along the Riverwalk. This amendment was approved by the Boating Advisory Board at their recent meeting on January 8, 2019.

 The Commission therefore amends § 111.2 to read as set forth in the proposed rulemaking published at 49 Pa.B. 1152 (March 16, 2019).

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 49 Pa.B. 1152. 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) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking; 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 § 111.2 to read as set forth at 49 Pa.B. 1152.

 (B) The Executive Director will submit this order and 49 Pa.B. 1152 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 49 Pa.B. 1152 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-289 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 19-1313. Filed for public inspection August 30, 2019, 9:00 a.m.]


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