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PA Bulletin, Doc. No. 12-1153




[ 58 PA. CODE CH. 135 ]

Lands and Buildings; All-Terrain Vehicles

[42 Pa.B. 3581]
[Saturday, June 23, 2012]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) at its April 24, 2012, meeting amended § 135.50 (relating to definitions) to delete references to 75 Pa.C.S. § 7702(3) (relating to definitions), which no longer exists, and replace them with a generic exclusory reference.

 The final-form rulemaking will not have an adverse impact on the wildlife resources of this Commonwealth.

 The authority for the final-form rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 Notice of proposed rulemaking was published at 42 Pa.B. 1238 (March 10, 2012).

1. Purpose and Authority

 Section 135.50 defines the term ''ATV—all-terrain vehicle'' for the purpose of restricting the type and design of off-road vehicles that may be operated on State Game Lands under applicable allowances. Section 135.50 contains a specific reference to 75 Pa.C.S. § 7702 to aid in defining this term. The act of June 25, 2001 (P. L. 701, No. 68) (Act 68) amended the meaning given to the terms ''all-terrain vehicle'' and ''ATV'' under 75 Pa.C.S. § 7702. The Act 68 amendments were not incorporated in § 135.50. The Commission amended § 135.50 to eliminate references to 75 Pa.C.S. § 7702(3), which no longer exists, and replace them with a generic exclusory reference. This amendment is nonsubstantive and is not intended to further expand or further limit the types of off-road vehicles that may be operated on State Game Lands under applicable allowances.

 Section 721(a) of the code (relating to control of property) provides ''The administration of all lands and waters owned, leased or otherwise controlled by the commission shall be under the sole control of the director, and the commission shall promulgate regulations . . . for its use and protection as necessary to properly manage these lands or waters.'' The amendments to § 135.50 are adopted under this authority.

2. Regulatory Requirements

 The final-form rulemaking amends § 135.50 by deleting references to 75 Pa.C.S. § 7702(3), which no longer exists, and replacing them with a generic exclusory reference.

3. Persons Affected

 Persons wishing to exercise limited authorized operation of all-terrain vehicles on State Game Lands within this Commonwealth will be affected by the final-form rulemaking.

4. Comment and Response Summary

 There were no official comments received regarding the final-form rulemaking.

5. Cost and Paperwork Requirements

 The final-form rulemaking should not result in additional cost or paperwork.

6. Effective Date

 The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

7. Contact Person

 For further information regarding the final-form rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.


 The Commission finds that:

 (1) Public notice of intention to adopt the administrative 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 thereunder, 1 Pa. Code §§ 7.1 and 7.2.

 (2) The adoption of the amendment of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.


 The Commission, acting under authorizing statute, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 135, are amended by amending § 135.50 to read as set forth at 42 Pa.B. 1238.

 (b) The Executive Director of the Commission shall certify this order and 42 Pa.B. 1238 and deposit them with the Legislative Reference Bureau as required by law.

 (c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin.

Executive Director

Fiscal Note: Fiscal Note 48-337 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 12-1153. Filed for public inspection June 22, 2012, 9:00 a.m.]

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