Natural Resources, Parks and Recreation

Section R651-216-2

Navigation Lights On Motorboats 40 Feet To Less than 65 Feet

Notice of Proposed Rule

(Amendment)

DAR File No.: 34512
Filed: 03/15/2011 04:55:51 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Thirty years ago when boating equipment requirements were being put in place, there were no recreational vessels over 65 feet. In 2010, there were 231 vessels that exceeded 65 feet in length registered in Utah. Most of these are houseboats on Lake Powell. Currently there are no state or federal laws or rules outlining the safety equipment required to be on these large boats. The Division has been inspecting boats over 65 feet to the standards for vessels 40 to 65 feet. Since no rules apply to vessels over 65 feet, there is no way to require or enforce appropriate safety equipment on board these vessels.

Summary of the rule or change:

There is an immediate need to have basic safety equipment required on these large vessels. During 2010, the Boating Section assigned a committee to study and make recommendations to the Boating Advisory Council for a list of appropriate safety equipment that should be on board these vessels. Based on research done by the committee, these rule change recommendations were made.

State statutory or constitutional authorization for this rule:

• Subsection 73-18-8(2)

Anticipated cost or savings to:

the state budget:

There is no additional cost or savings to state government. This change clarifies the wording only with regards to the length of boats requiring safety equipment.

local governments:

There is no additional cost or savings to local government. This change clarifies the wording only with regards to the length of boats requiring safety equipment.

small businesses:

There is no additional cost or savings to small businesses. This change clarifies the wording only with regards to the length of boats requiring safety equipment.

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

There is no additional cost or savings to persons other than small businesses, businesses, or local government entities. This change clarifies the wording only with regards to the length of boats requiring safety equipment.

Compliance costs for affected persons:

There are no compliance costs. This change clarifies the wording only with regards to the length of boats requiring safety equipment.

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

Negligible impact on business.

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 Recreation
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:

05/02/2011

This rule may become effective on:

05/09/2011

Authorized by:

Fred Hayes, Acting Operations Deputy Director

R651. Natural Resources, Parks and Recreation.

R651-216. Navigation Lights - Note: Figures 1 through 7 mentioned below are on file with the Utah Division of Parks and Recreation.

R651-216-2. Navigation Lights On Motorboats 40 Feet [To Less than 65 Feet]or Greater in Length.

Motorboats 40 feet in length [to less than 65 feet]or greater in length shall exhibit the navigation lights shown in either figure 1 or 2.

 

KEY: boating

Date of Enactment or Last Substantive Amendment: [August 15, 2002]2011

Notice of Continuation: February 10, 2011

Authorizing, and Implemented or Interpreted Law: 73-18-8(2)