DAR File No. 27565

Natural Resources, Parks and Recreation

R651-215

Personal Flotation Devices

NOTICE OF PROPOSED RULE

DAR File No.: 27565
Filed: 11/27/2004, 10:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment serves several purposes: changes language to be similar to what the U.S. Coast Guard uses to describe Personal Flotation Device (PFD) types; provides more clarity and consistency with text the U.S. Coast Guard uses to reference specific conditions or restrictions found on a PFD approval label, the same for Type V PFD's; clarifies the term, "carrying passengers for hire" PFD requirements on rivers; allows an exception for the type of PFD required for carriage for a hard-hulled kayak or sea-kayak operator; and changes language to be similar to what the Coast Guard uses with regards to information on PFD approval labels.

Summary of the rule or change:

The changes update and clarify language, consistency, and the text of this rule to more clearly reflect the U.S. Coast Guard language and instructions for PFD's.

State statutory or constitutional authorization for this rule:

Section 73-18-8

Anticipated cost or savings to:

the state budget:

All these rule sections are in force, and this amendment just defines and clarifies the language used throughout the amendment to be consistent with the U.S. Coast Guard's language and direction. Therefore, there are no anticipated costs or savings to the State budget.

local governments:

These changes may provide good information for any other bodies of water not governed under the State, but as a reference point only. Local government is not affected. Therefore, there are no costs or savings.

other persons:

There are no anticipated cost or savings to other persons at this time. PFD's are purchased by the public at their discretion, and that has not changed. Everyone is required to have a PFD while on the waters of the State of Utah.

Compliance costs for affected persons:

There are no costs for affected persons as the rule amendment changes types and defines words only.

Comments by the department head on the fiscal impact the rule may have on businesses:

Because this rule would simply clarify language regarding existing floatation device usage and requirements, the Department anticipates no fiscal impact to businesses from the proposed changes.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, or by Internet E-mail at deeguess@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/14/2005

This rule may become effective on:

01/15/2005

Authorized by:

Mary Tullius, Interim Director

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-215. Personal Flotation Devices.

R651-215-1. Definitions.

(1) "PFD" means personal flotation device.

(2) "Vessel length" is the measurement of the permanent part of the hull, from bow to stern, across the deck down the centerline, excluding sheer.

(3) "Wear" means to have the PFD properly worn with all fasteners connected.

(4) "White[]water canoe" means a one or two person capacity hard hulled canoe designed for white water activities and is equipped with: floatation (e.g., factory end chambers or float bags) and thigh straps or retention devices to hold the operator(s) in the vessel if it rolls.

R651-215-2. PFD Requirements for Vessels Less than 16 Feet in Length.

No person shall operate or give permission for the operation of a vessel less than 16 feet in length unless there is at least one Type I, II, or III PFD for each person on board.

R651-215-3. PFD Requirements for Vessels 16 Feet or More in Length.

No person shall operate or give permission for the operation of a vessel 16 feet or more in length unless there is at least one Type I, II, or III PFD for each person on board. In addition to the total number of PFD's, there shall also be one Type IV PFD on board.

R651-215-4. Types of Personal Flotation Devices.

Type I - [Life Preserver - has 22 pounds of flotation and will turn an unconscious person face up. Acceptable for use on all vessels.]Off-shore Life Jacket - provides the most buoyancy of any type of PFD. Designed to turn the most unconscious wearers to a face-up position in the water. Effective for all waters, especially open, rough or remote waters where rescue may be delayed. Acceptable for use on all vessels.

Type II - Near Shore [Buoyant]Buoyancy Vest - [has 15.5 pounds of flotation and will turn most unconscious persons face up.]is designed to turn some unconscious wearers to a face-up position in the water. Intended for calm, inland waters where there is a good chance of quick rescue.

Type III - [Special Purpose - has 15.5 pounds of buoyancy. There are many special designs for water sports.]Flotation Aid - Good for conscious users in calm, inland waters where there is good chance of quick rescue. Designed so conscious wearers can place themselves in a face up position in the water. The wearer may have to tilt their head back to avoid turning face-down in he water.

Type IV - Throwable Device - [has 16.5 pounds of flotation and is designed to be thrown, not worn. Must have as an additional device on class 1, 2, or 3 vessels.]Designed to be thrown to a person in the water and grasped and held by the user until rescued. Not designed to be worn.

Type V - [Restricted Special Purpose Devices - approved only for the activities listed on the label.]Special Use Device - Intended for specific activities and may be carried instead of another PFD if used according to the approval conditions on its label.

R651-215-5. Immediately Available and Readily Accessible.

Type IV PFDs shall be immediately available; all other types of PFD shall be readily accessible, unless wearing is required.

R651-215-6. Type V PFD Carried in Lieu.

A Type V PFD may be carried or worn in lieu of [any]another required PFD, but only if [the Type V PFD is approved for the activity in which the vessel is being used]it is used according to the approval conditions on its label.

R651-215-7. Whitewater River PFD Requirements.

On whitewater rivers, as defined in Subsection R651-206-2 (1), Type I or Type III PFDs, [if approved on the label for the activity, are required]are required and shall be used according to the approval conditions on their labels.

R651-215-8. Carrying Passengers for Hire PFD Requirements on Rivers.

(1) On rivers, if carrying passengers for hire, Type I PFDs are required[,]. [except hard-hulled kayak or white water canoe operators or a working river guide may wear a Type III PFD, if approved on the label for this activity. The required Type IV PFD shall be a ring life buoy on vessels 26 feet or more in length.]Type I PFDs or Type V PFDs used in lieu of the Type I PFD must be listed for commercial use on the label.

(2) The required Type IV PFD shall be a ring life buoy on vessels 26 feet or more in length.

(3) Hard hulled kayak or white water canoe operators or a working river guide may wear a Type III PFD in lieu of the Type I PFD.

R651-215-9. River Throw Bag in Lieu of Type IV PFD.

On rivers, in lieu of the Type IV PFD requirement, a throw bag with a minimum of 40 feet of line may be carried.

R651-215-10. [Passengers for Hire PFD Requirement]Carrying Passengers for Hire PFD Requirements on Lakes and Reservoirs.

(1) When carrying passengers for hire, [except on rivers, ]Type I PFDs are required. [The required Type IV PFD shall be a ring life buoy on vessels 26 feet or more in length]Type I PFDs, or Type V PFDs used in lieu of the Type I PFD, must be listed for commercial use on the label.

(2) The required Type IV PFD shall be a ring life buoy on vessels 26 feet or more in length.

(3) For all hard-hulled kayak or sea-kayak operators, a Type III PFD may be carried or worn in lieu of the required Type I PFD.

R651-215-11. Required Wearing of PFDs.

(1) An inflatable PFD may not be used to meet the requirements of this Section.

(2) All persons on board a personal watercraft or a sailboard shall wear a PFD.

(3) The operator of a vessel under 19 feet in length shall require each passenger 12 years of age or younger to wear a PFD. This rule is also applicable to vessels 19 feet or more in length, except when the child is inside the cabin area.

(4) On rivers, every person on board a vessel shall wear a PFD, except PFDs may be loosened or removed by persons 13 years of age or older on designated flat water areas as listed in Section R651-215-12. When carrying passengers for hire, the river guide is responsible for the passengers on his vessel to be in compliance with this Subsection.

R651-215-12. River Flat Water Areas.

(1) On the Green River:

(a) from Red Creek Camp below Red Creek Rapids to the Indian Crossing Boat Ramp;

(b) from 100 yards below Taylor Flats Bridge to the Utah/Colorado state line in Browns Park;

(c) within Dinosaur National Monument, from the mouth of Whirlpool Canyon to the head of Split Mountain Gorge;

(d) from the mouth of Split Mountain to Jack Creek in Desolation Canyon; and

(e) from the Green River Diversion Dam below Gray Canyon to the confluence with the Colorado River.

(2) On the Colorado River:

(a) from the Colorado/Utah state line to the Westwater Ranger Station;

(b) from Big Hole Canyon in Westwater Canyon to Onion Creek;

(c) from Drinks Canyon, mile 70, to the confluence with the Green River; and

(d) after the last active rapid in Cataract Canyon.

(3) On the San Juan River, after the last active rapid prior to Lake Powell.

R651-215-13. PFDs.

All Personal Flotation Devices (PFDs) must be used according to the conditions or restrictions listed on the U.S. Coast Guard Approval Label.

KEY: boating

[August 15, 2002]January 15, 2005

Notice of Continuation August 7, 2001

73-18-8

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, or by Internet E-mail at deeguess@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.