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PA Bulletin, Doc. No. 09-1868


[ 58 PA. CODE CH. 111 ]


 The Fish and Boat Commission (Commission) proposes to amend 58 Pa. Code Chapter 111 (relating to special regulations counties). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).

A. Effective Date

 The proposed rulemaking, if approved on final-form rulemaking, will go into effect upon publication in the Pennsylvania Bulletin.

B. Contact Person

 For further information on the proposed rulemaking, contact Jason E. Oyler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's web site at www.

C. Statutory Authority

 The proposed amendment to § 111.56 (relating to Somerset County) is published under the statutory authority of section 5124 of the code (relating to particular areas of water).

D. Purpose and Background

 The proposed rulemaking is designed to improve, enhance and update the Commission's boating regulations. The specific purpose of the proposed amendment is described in more detail under the summary of the proposal. On June 9, 2009, the Commission's Boating Advisory Board considered this proposal and recommended that the Commission approve the publication of a notice of proposed rulemaking containing the amendment.

E. Summary of Proposal

 A recent review of § 111.56 shows that subsections (c), (d) and (e) regarding Lake Somerset, High Point Lake, and Cranberry Glade Lake, were not included when the Commission reorganized its boating regulations in 1994. These subsections 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 proposes that § 111.56 be amended to add these overlooked subsections as set forth in Annex A. 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 proposed rulemaking will not increase paperwork and will not create new paperwork requirements.

G. Fiscal Impact

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

H. Public Comments

 Interested persons are invited to submit written comments, objections or suggestions about the proposed rulemaking to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, within 30 days after publication of this notice in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.

 Comments also may be submitted electronically by completing the form at comments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt. Electronic comments submitted in any other manner will not be accepted.

Executive Director

Fiscal Note: 48A-214. No fiscal impact; (8) recommends adoption.

Annex A




Subpart C. BOATING

§ 111.56. Somerset County.

*  *  *  *  *

(c) Lake Somerset. The operation of boats powered by internal combustion motors is prohibited.

(d) High Point Lake. The operation of boats powered by internal combustion motors is prohibited.

(e) Cranberry Glade Lake. The operation of boats powered by internal combustion motors is prohibited.

[Pa.B. Doc. No. 09-1868. Filed for public inspection October 9, 2009, 9:00 a.m.]

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