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PA Bulletin, Doc. No. 02-2055



[58 PA. CODE CH. 111]

Boating; Horsepower Limits

[32 Pa.B. 5661]

   The Fish and Boat Commission (Commission) by this orders 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). This final-form rulemaking relates to horsepower limits at six State park lakes.

A.  Effective Date

   This final-form rulemaking will go into effect upon publication of this order adopting the amendments in the Pennsylvania Bulletin.

B.  Contact Person

   For further information on this final-form rulemaking, contact Laurie E. Shepler, Assistant Counsel, (717) 705-7815, P. O. Box 67000, Harrisburg, PA 17106-7000. This final-form rulemaking is available electronically through the Commission's website (

C.  Statutory Authority

   The amendments to §§ 111.9, 111.10, 111.11, 111.32, 111.43 and 111.67 are published under the statutory authority of section 5124 of the code (relating to particular areas of water).

D.  Purpose and Background

   This final-form rulemaking is designed to update, modify and improve the Commission's regulations pertaining to boating. The specific purpose of the final-form rulemaking described in more detail under the summary of changes. The Commission's Boating Advisory Board considered the amendments prior to the Commission's consideration of them on final-form rulemaking and recommended that the Commission adopt them as set forth in the notice of proposed rulemaking.

E.  Summary of Proposal

   The Department of Conservation and Natural Resources (DCNR) announced on March 14, 2002, that boating horsepower limits at six State park lakes have been changed in a pilot program seeking better enforcement and the best protection of the environment. Under the pilot program, outboard motor limits have been increased from 10 horsepower to 18 horsepower at the following lakes: Lake Marburg, Codorus State Park, York County; Lake Wilhelm, Maurice K. Goddard State Park, Mercer County; Lake Arthur, Moraine State Park, Butler County; Lake Nockamixon, Nockamixon State Park, Bucks County; Glendale Lake, Prince Gallitzin State Park, Cambria County; and Yellow Creek Lake, Yellow Creek State Park, Indiana County. The pilot program went into effect immediately.

   At DCNR's request, the Commission has, in the past, adopted special boating regulations for State park lakes. These regulations maintained unlimited horsepower at seven State park lakes; motors not larger than 10 horsepower at seven State park lakes (including the six where the test program has been implemented); and electric motors only at 35 State parks lakes.

   With regard to the lakes included in the pilot program, the Commission believed that its special regulations governing them should be deleted until a time as the DCNR has made a final determination as to horsepower limits. On final-form rulemaking, the Commission adopted the amendments deleting the special regulations, as proposed. The Commission also adopted an amendment to § 111.11(a) (relating to Cambria County) to add text that previously was inadvertently omitted.

F.  Paperwork

   This final-form rulemaking will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

   This final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. This final-form rulemaking will impose no new costs on the private sector or the general public.

H.  Public Involvement

   A notice of proposed rulemaking was published at 32 Pa.B. 3951 (August 10, 2002). The Commission did not receive any public comments regarding the proposal to remove the horsepower restrictions on the pilot program lakes. However, the Commission received comments, which it forwarded to the DCNR, regarding increasing the horsepower restrictions at these lakes.


   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.

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

   (3)  The adoption of this final-form rulemaking by the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.


   The Commission, acting under the authorizing statutes, orders that:

   (a)  The regulations of the Commission, 58 Pa. Code Chapter 111, are amended by amending §§ 111.9--111.11, 111.32, 111.43 and 111.67 to read as set forth at 32 Pa.B. 3951.

   (b)  The Executive Director will submit this order and 32 Pa.B. 3951 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and 32 Pa.B. 3951 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.

Executive Director

   Fiscal Note:  Fiscal Note 48A-127 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 02-2055. Filed for public inspection November 15, 2002, 9:00 a.m.]

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