Natural Resources, Parks and Recreation

Section R651-206-4

Additional PFD Requirements for Vessels Carrying Passengers for Hire

Notice of Proposed Rule

(Amendment)

DAR File No.: 36239
Filed: 05/16/2012 05:22:45 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

When the definition for low capacity vessels was approved, it was specific to the carrying passengers for hire program and only identified the types of low capacity vessels in use at the time. This definition was intended for manually propelled vessels. Over the years, there have been a number of new types of low capacity vessels that have been designed and are currently in use. The use of the term has expanded outside of the carrying passengers for hire program. There is also an inconsistency in the rule concerning the number of persons to be considered a low capacity vessel. The Boating Advisory Council felt that low capacity vessels should be considered two or fewer occupants. The purpose of this rule change is to include all "low capacity vessels" in the rule and not limit the type of vessels to hard-hulled kayak or white water canoe operators, since there are many types of low capacity vessels now.

Summary of the rule or change:

Over the years there have been a number of new types of low capacity vessels that have been designed and are currently in use. Additionally, the use of the term has expanded outside of the carrying passengers for hire program. There is also an inconsistency in the rule concerning the number of persons to be considered a low capacity vessel. The Boating Advisory Council felt that low capacity vessels should be considered two or fewer occupants.

State statutory or constitutional authorization for this rule:

• Subsection 73-18-4(4)

Anticipated cost or savings to:

the state budget:

There is no additional cost or savings. This amendment adds the term "low capacity vessel" and redacts the more restrictive wording of "hard-hulled kayak or white water canoe operators", since there are many types of low capacity vessels.

local governments:

There is no additional cost or savings. This amendment adds the term "low capacity vessel" and redacts the more restrictive wording of "hard-hulled kayak or white water canoe operators", since there are many types of low capacity vessels.

small businesses:

There is no additional cost or savings. This amendment adds the term "low capacity vessel" and redacts the more restrictive wording of "hard-hulled kayak or white water canoe operators", since there are many types of low capacity vessels.

persons other than small businesses, businesses, or local governmental entities:

There is no additional cost or savings. This amendment adds the term "low capacity vessel" and redacts the more restrictive wording of "hard-hulled kayak or white water canoe operators", since there are many types of low capacity vessels.

Compliance costs for affected persons:

There are no compliance costs. This amendment adds the term "low capacity vessel" and redacts the more restrictive wording of "hard-hulled kayak or white water canoe operators" since there are many types of low capacity vessels.

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

No impact.

Michael Styler, Executive Director

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

Natural Resources
Parks and RecreationRoom 116
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@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:

07/16/2012

This rule may become effective on:

07/23/2012

Authorized by:

Fred Hayes, Acting Director

R651. Natural Resources, Parks and Recreation.

R651-206. Carrying Passengers for Hire.

R651-206-4. Additional PFD Requirements for Vessels Carrying Passengers for Hire.

(1) Type I PFDs are required. Each vessel shall have an adequate number of Type I PFDs on board, that meets or exceeds the number of persons on board the vessel. A Type V PFD may be used in lieu of a Type I PFD if the Type V PFD is approved for the activity in which it is going to be used.

(2) In situations where infants, children and youth are in enclosed cabin areas of vessels over 19 feet in length and not wearing PFDs, a minimum of ten percent of the wearable PFDs on board the vessel must be of an appropriate type and size for infants, children and youth passengers.

(3) Type I PFDs or Type V PFDs - used in lieu of the Type I PFD, must be listed for commercial use on the label.

(4) If PFDs are not being worn by passengers, and the PFDs a being stowed on the vessel, the PFDs shall be stowed in readily accessible containers that legibly and visually indicate their contents.

(5) Each PFD must be marked with the name of the outfitting company, in one-inch high letters that contrast with the color of the device.

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

(a) Vessels that are 40 feet or more in length shall carry a minimum of two Type IV PFDs.

(b) Ring life buoys shall have a minimum of 60 feet of line attached.

(7) If U.S. Coast Guard approved Type I PFDs are not available for infants under the weight of 30 pounds, Type II PFDs may be used, provided they are the correct size for the intended wearer.

(8) On rivers, any low capacity vessel operator[hard-hulled kayak or white water canoe operators] or a working employee of the outfitting company, may wear a Type III PFD in lieu of the Type I PFD.

(9) On lakes and reservoirs, any low capacity vessel operator or a working employee may wear or carry[for hard-hulled kayak or sea-kayak operators], a Type III PFD may be carried or worn in lieu of the required Type I PFD.

(10) All passengers and crew members shall wear a PFD when a vessel is being operated in hazardous conditions.

(11) The license or permit holder is responsible for the passengers on his vessel to be in compliance with this section and R651-215.

 

KEY: boating, parks

Date of Enactment or Last Substantive Amendment: [ July 27, 2011]July 23, 2012

Notice of Continuation: January 11, 2011

Authorizing, and Implemented or Interpreted Law: 73-18-4(4)