8. Family Impact InformationA. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Jason Curry, Division Director
R650. Natural Resources, Outdoor Recreation.
R650-215. Personal Flotation Devices.
R650-215-1. Definitions.
As used in this rule:
(1) "Non-standard watercraft" means, for the purposes of this rule, an inflatable device not primarily used for transporting individuals on water, but nonetheless capable of transporting individuals across water. This definition includes items such as tire inner tubes, inflatable air mattresses, and pool toys. [(1)](2) "Personal flotation device" or "PFD" means a device that is: (a) in serviceable condition; and
(b) approved by the Commandant of the United States Coast Guard pursuant to 46 CFR part 160.
[(2)](3) "Throwable PFD" means a PFD that is intended to be thrown to a person in the water. (a) A PFD marked as Type IV or Type V, with Type IV performance, is considered a throwable PFD.
(b) Unless specifically marked otherwise, a wearable PFD is not a throwable PFD.
[(3)](4) "Vessel length" means the measurement of the permanent part of the hull, from bow to stern, across the deck down the centerline, excluding sheer. [(4)](5) "Wear" means to have a PFD properly worn with all fasteners connected. [(5)](6)(a) "Wearable PFD" means a PFD that is intended to be worn or otherwise attached to the body. (b) A PFD marked as Type I, Type II, Type III, or Type V, with Type I, II or III performance, is considered a wearable PFD.
R650-215-2. Type IV PFD Requirements.
(1) A person may not operate, or give permission to an individual to operate, a vessel that is between 16 feet and 40 feet in length unless there is at least one throwable PFD on board the vessel.
(2)(a) A person may not operate, or give permission to an individual to operate, a vessel that is greater than 40 feet in length unless there are at least two throwable PFDs on board the vessel.
(b) One of the PFDs required by Subsection (2)(a) must be a minimum 18" ring buoy type with at least 30 feet of rope attached. (c) One of the PFDs required by Subsection (2)(a) must be located near the bow of the vessel. (d) One of the PFDs required by Sub[j]section (2)(a) must be located near the stern of the vessel when the configuration of the vessel allows for a PFD to be stored near the stern. R650-215-3. Immediately Available and Readily Accessible.
(1) Unless a vessel passenger is required by law, rule, or regulation to wear a PFD, a vessel operator shall ensure:
(a) all Type IV PFDs that are onboard a vessel are immediately available for use by vessel passengers; and
(b) all other types of PFDs that are onboard a vessel are readily accessible to vessel passengers.
R650-215-4. Type V PFD Carried in Lieu.
A vessel operator or passenger may carry or wear a Type V PFD in lieu of another required PFD only if it is used according to the approval conditions on its label.
R650-215-5. [Whitewater River PFD Requirements.]Skimboard PFD Exception. [On whitewater rivers, as defined in Subsection R650-206-2(1), a vessel operator shall carry Type I or Type III PFDs on board the vessel and shall ensure all PFDs are used according to the approval conditions on their labels.]The PFD wear requirement does not apply to persons using a skimboard on shallow waters within 50 feet of a Mandatory PFD Section's shoreline. R650-215-6. Required Wearing of PFDs.
(1) A person may not use an inflatable PFD to meet the requirements of this section.
(2) All persons on board a personal watercraft, as defined in Section 73-18-2, shall wear a PFD.