Natural Resources, Parks and Recreation

Section R651-219-3

Spare Propulsion

Notice of Proposed Rule

(Amendment)

DAR File No.: 36241
Filed: 05/16/2012 05:24:47 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

When the term "low capacity vessel" was approved, it was specific to the carrying passengers for hire program. The use of the term "low capacity vessel" has expanded outside of the carrying passengers for hire program to the recreational boating program, so the definition needs to be moved out of the carrying passengers for hire rule and into Rule R651-201. The rule only identified the types of low capacity vessels in use at the time. This definition was intended for manually propelled vessels. The main purpose of the definition is to allow those rowing or paddling to be able to wear a less restrictive life jacket.

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 to the recreational boating program, so the definition needs to be moved out of the carrying passengers for hire rule (Rule R651-206) and into Rule R651-201. 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 coincides with the amendments that move the information from Subsection R651-206-1(11) to Rule R651-201. (DAR NOTE: The proposed amendment to R651-206 is under DAR No. 36238 and the proposed amendment to Rule R651-201 is under DAR No. 36237 in this issue, June 15, 2012, of the Bulletin.)

local governments:

There is no additional cost or savings. This amendment coincides with the amendments that move the information information from Subsection R651-206-1(11) to Rule R651-201.

small businesses:

There is no additional cost or savings. This amendment coincides with the amendments that move the information information from Subsection R651-206-1(11) to Rule R651-201.

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

There is no additional cost or savings. This amendment coincides with the amendments that move the information information from Subsection R651-206-1(11) to Rule R651-201.

Compliance costs for affected persons:

There are no compliance costs. This amendment coincides with the amendments that move the information information from Subsection R651-206-1(11) to Rule R651-201.

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.

R651-219. Additional Safety Equipment.

R651-219-3. Spare Propulsion.

Vessels less than 21 feet in length shall have on board at least one spare motor, paddle or oar capable of maneuvering the vessel when necessary. On rivers when low capacity vessels[one-or-two-man capacity vessels]less than 16 feet in length are traveling in a group, the above requirement may be met by carrying one spare oar or paddle for every three vessels in the group. [On hard hulled white water kayaks,] P[p]addles designed to be strapped to or worn on the hand meet this requirement.

 

KEY: boating, parks, life jackets

Date of Enactment or Last Substantive Amendment: [May 9, 2011]2012

Notice of Continuation: February 10, 2011

Authorizing, and Implemented or Interpreted Law: 73-18-8(6)