RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 113]
Boating; Aids to Navigation and Obstructions to Navigation
[52 Pa.B. 983]
[Saturday, February 12, 2022]
The Fish and Boat Commission (Commission) amends Chapter 113 (relating to aids to navigation and obstructions to navigation). The Commission is publishing this final-omitted rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) and other authorities described as follows.
A. Effective Date
This final-omitted rulemaking will go into effect immediately upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on this final-omitted rulemaking, contact Wayne Melnick, Esq., P.O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-omitted rulemaking is available on the Commission's web site at www.fishandboat.com.
C. Statutory Authority
These amendments are published under the statutory authority of section 506 of The Administrative Code of 1929 (71 P.S. § 186). These amendments also are published in accordance with section 204 of the act of July 31, 1968 (P.L. 769, No. 240), referred to as the Commonwealth Documents Law (CDL) (45 P.S. § 1204), which provides that an agency may omit or modify the procedures specified in sections 201 and 202 of the CDL (45 P.S. §§ 1201 and 1202) if, among other things, the administrative regulation or change relates to agency organization, management or personnel; agency procedure or practice; or Commonwealth property or the agency for good cause finds (and incorporates the finding and a brief statement of the reasons therefor in the order adopting the administrative regulation or change therein) that the procedures specified in sections 201 and 202 of the CDL are under the circumstances impracticable, unnecessary or contrary to the public interest.
D. Purpose and Background
Under § 51.5 (relating to correction of regulations), the Executive Director is authorized to take immediate corrective action on the Commission's behalf if the Executive Director or the Commission's staff discovers an error or omission in the text of a Commission regulation as published in the Pennsylvania Code or Pennsylvania Bulletin. The purpose of this final-omitted rulemaking is to update the Commission's regulations with current agency contact information.
E. Summary of Changes
The Commission amends § 113.4 (relating to permits) because a recent review of the Commission's regulations by staff revealed that some of the information in the current regulation is inaccurate or no longer current and needs updating. The Commission therefore amends this section to read as set forth in Annex A.
This final-omitted rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
This final-omitted rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. This final-omitted rulemaking will impose no new costs on the private sector or the general public.
H. Public Involvement
Under section 204 of the CDL, an agency may omit the procedures specified in sections 201 and 202 of the CDL if the administrative regulation or change relates to agency organization, management or personnel or agency procedure or practice. The Commission, therefore, did not publish these amendments as a notice of proposed rulemaking or solicit public comment.
The Commission finds:
(1) Inaccurate or outdated contact information was discovered in the text of § 113.4 as published in the Pennsylvania Code.
(2) Under § 51.5, the Executive Director is authorized to take immediate corrective action on behalf of the Commission, including, if necessary, the issuance of an order to make the necessary correction, if the Executive Director or the Commission's staff discovers an error in the text of a Commission regulation as published in the Pennsylvania Code.
(3) Because the nature of the amendments is minor and designed to correct errors or update agency contact information, the Commission finds that the procedures of sections 201 and 202 of the CDL are unnecessary.
The Commission, acting under the authorizing statutes, orders that:
(A) The regulations of the Commission in 58 Pa. Code Chapter 113 are amended by amending § 113.4 to read as set forth at Annex A.
(B) The Executive Director will submit this order and Annex A to the Attorney General for approval as to legality as required by law.
(C) The Executive Director shall certify this order and Annex A and deposit the same with the Legislative Reference Bureau as required by law.
(D) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
TIMOTHY D. SCHAEFFER,
Fiscal Note: 48A-322. No fiscal impact; (8) recommends adoption.
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 113. AIDS TO NAVIGATION AND OBSTRUCTIONS TO NAVIGATION
§ 113.4. Permits.
(a) Persons, including clubs, individuals, State agencies, municipalities and other groups, wishing to establish an aid shall apply for permission from the Commission on Form PFBC-277 at least 30 days prior to the intended date of installation. Application forms are available from and should be submitted to:
Aids to Navigation
Bureau of Boating
Pennsylvania Fish and Boat Commission
Post Office Box 67000
Harrisburg, Pennsylvania 17106-7000
(b) The authorization of the placement of a private aid to navigation does not grant exclusive privileges nor does it eliminate the necessity to comply with other Federal or state permitting requirements.
[Pa.B. Doc. No. 22-231. Filed for public inspection February 11, 2022, 9:00 a.m.]
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