Natural Resources, Parks and Recreation

Rule R651-222

Muffling Requirements

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34356
Filed: 01/11/2011 02:06:35 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The statute authorizes the State Parks Board to promulgate rules relating to the muffling of vessels in Section 73-18-11: "The board shall adopt rules for the regulating of muffling devices on all vessels."

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Division has not received any written comments in support or opposition of this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Many motorboats have as much or more horsepower than the average car. If these motors were not muffled properly, our waterways would become noisy and undesirable for many outdoor recreationists. Also, wildlife and sensitive habitat areas would be adversely affected by excessively loud boats. Therefore, this rule should be continued. Prior to the adoption of these rules there were numerous complaints about loud boats, now there are no complaints.

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:

• 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

Authorized by:

Fred Hayes, Acting Operations Deputy Director

Effective:

01/11/2011