Natural Resources, Parks and Recreation

Rule R651-224

Towed Devices

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34357
Filed: 01/11/2011 02:25:35 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 waterskiing in Section 73-18-5: "The board shall adopt rules for the regulation and safety of water skiing and aquaplane riding, and the use of other devices which are towed behind a vessel".

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

One written comment has been received in opposition to the rule requiring the ski flag being used only when a skier is down in the water.

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

Waterskiing causes many injuries each year in Utah. Our water ski rules are consistent with our neighboring states, and are designed to minimize accidents and injuries. In 2009. there were 25 accidents related to waterskiing and in 2010 there were 19. Without our current rules, these numbers would undoubtedly be higher. Therefore, this rule should be continued. The Division disagrees with the commenter's position that ski flags should be allowed to be displayed while someone is being towed. The purpose of the flag is to warn other boaters that someone (low visibility) is in the water near the boat. If the flag is allowed to be displayed while the skier is up (high visibility), then the warning effect of the flag is removed. Some of our neighboring states even call the flag the "Skier Down Flag" in law.

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