DAR File No. 41154

Natural Resources, Parks and Recreation

Section R651-215-8

River Throw Bag in Lieu of Type IV PFD

Notice of Proposed Rule

(Amendment)

DAR File No.: 41154
Filed: 01/12/2017 07:12:32 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The current rule allows a throw bag to be carried in place of a throwable personal flotation device on rivers where life jackets are required to be worn. This rule was intended to mirror acceptable swift water rescue techniques. In May of 2016, the boating law administrator from the state of Arizona inquired about Section R651-215-8 due to a boating constituent requesting the state of Arizona adopt the same rule as Utah. Upon research from the request of the state of Arizona, and the United States Coast Guard, the Division found that Section R651-215-8 is in conflict with 33 CFR 175.15, requiring carriage of boating safety equipment.

Summary of the rule or change:

Although the intent of the rule is solid with swift water rescue techniques, the state of Utah cannot exclude safety items required by the Code of Federal Regulations (CFR). It was recommended that this section be removed so that the rule is in compliance with 33 CFR 175.15.

Statutory or constitutional authorization for this rule:

• Section 73-18-8

Anticipated cost or savings to:

the state budget:

There is no anticipated revenue or cost incurred because the Division already has the equipment.

local governments:

There is no effect to minimal effect to local government of $15 per boat that is over 16 feet in length if they do not have the device. Most government boats carried this device already.

small businesses:

There is a minimal anticipated cost on small businesses of $15 per boat that is over 16 feet in length. Most commercial boats are 15 feet average.

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

There is a minimal anticipated cost on small businesses of $15 per boat that is over 16 feet in length. Most private boats are 15 feet average.

Compliance costs for affected persons:

There is an anticipated additional cost of $15 per boat for those boats that are not carrying the flotation device.

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

There is no fiscal impact to businesses.

Michael Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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 [email protected]

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:

03/03/2017

This rule may become effective on:

03/10/2017

Authorized by:

Fred Hayes, Director

R651. Natural Resources, Parks and Recreation.

R651-215. Personal Flotation Devices.

[R651-215-8. River Throw Bag in Lieu of Type IV PFD.

On a river section where PFDs are required to be worn, or on any river section where all vessel occupants are wearing PFDs, in lieu of the Type IV PFD requirement, a throw bag with a minimum of 40 feet of line may be carried.]

 

KEY: boating, parks

Date of Enactment or Last Substantive Amendment: [May 9, 2011]2017

Notice of Continuation: January 7, 2016

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