DAR File No. 28162

Natural Resources, Parks and Recreation

R651-222-5

Muffler Bypass or Alteration Prohibited

NOTICE OF PROPOSED RULE

DAR File No.: 28162
Filed: 08/18/2005, 09:14
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to allow certain cutout switches if the muffling systems meet the requirements in this rule. It will also clear up the language to conform with park law enforcement, and remove some of the pressures that face boat dealers who are selling vessels since switches are already installed.

Summary of the rule or change:

Previously, it has been illegal for a vessel to have a muffler cutout switch unless it has been made inoperable. Manufacturers have continued to put these switches in the vessels, and now both exhaust systems do meet the decibel levels set in rule. Therefore, it is recommended that if both muffling systems meet all requirements they be allowed, as modified in this amendment to the rule.

State statutory or constitutional authorization for this rule:

Section 73-18-11

Anticipated cost or savings to:

the state budget:

There may be some costs to post signs indicating that motors less than 10 hp are allowed in launching areas. There are no significant costs or savings anticipated to the state budget.

local governments:

There are no anticipated costs or savings to local government because the state licenses the boats and State Parks and Recreation does the law enforcement for most bodies of water in Utah. Therefore, it is not a local government issue, but rather a state agency issue.

other persons:

Vessels already come with the muffler cutout switches as standard vessel equipment, and therefore, there are no anticipated costs expected to other persons.

Compliance costs for affected persons:

Those who comply with the decibel range set by the manufacturers will be allowed to use the cutout switches on their vessels. Cutout switches are not required, but come standard in most boats today. They allow a boat owner to go from one exhaust to the other, if both exhausts meet the same decibel criteria. Recently, one did and the other did not, that is why they could not use the cutout switch, but now the boat manufacturers have made them equal in decibels so the cutout can go from one to the other exhaust. One exhaust goes out the back to increase speed and one goes over the engine and down into the water for a quieter ride. Now they can use either if within the decibel range.

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

The muffler cutout switch has always, and continues to be placed in vessels by manufacturers of the vessels. Therefore, there is no significant change as to purchasing added equipment, and the cost of operating is the same. Because no cutout switches or other equipment has to be added, the Department finds there will be no fiscal impact on businesses. Mike Styler, Executive Director

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:

10/17/2005

This rule may become effective on:

10/18/2005

Authorized by:

Mary Tullius, Director

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-222. Muffling Requirements.

R651-222-5. Muffler Bypass or Alteration Prohibited.

(1) No person shall operate or give permission for the operation of any motorboat upon the waters of this state that is equipped with an altered muffler, muffler cutout, muffler bypass, or other device designed or installed so that it can be used to continually or intermittently bypass; or reduce or eliminate the effectiveness of any muffler or muffler system installed on a motorboat.

(2) Rule R651-222-5 (1) shall not apply to a motorboat equipped with a muffler cutout, muffler bypass, or other device designed or installed so that it can be used to continually or intermittently bypass; or reduce or eliminate the effectiveness of any muffler or muffler system installed on a motorboat, (a) if the mechanism has been permanently disconnected or made inoperable, where it cannot be operated in the manner described in Rule R651-222-5 (1), or (b)the muffling systems operated by the bypass meet the requirements in R651-222-3.

KEY: boating, motorboat noise[*]

[1991]October 18, 2005

Notice of Continuation August 7, 2001

73-18-11

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.