301 KAR 6:020. Boating safety equipment.

Kentucky Department of Fish and Wildlife Resources

(Amendment)

301 KAR 6:020. Boating safety equipment.

RELATES TO: KRS[~~235.200,~~] 235.205[~~, 235.280~~]

STATUTORY AUTHORITY: KRS 235.200, 235.280, 33 C.F.R. 83, 46 C.F.R. 25

NECESSITY, FUNCTION, AND CONFORMITY: KRS 235.200 prohibits the operation of vessels without required equipment and authorizes the department to promulgate administrative regulations regarding this equipment. KRS 235.280 authorizes the department to promulgate administrative regulations to govern the fair, reasonable, equitable, and safe use of all waters of the state. This administrative regulation establishes the requirements for boating safety equipment in Kentucky. 33 C.F.R. 83 establishes the federal navigation requirements as they pertain to steering and sailing, lights and shapes, and sounds and light signs. 46 C.F.R. 25 establishes the federal safety requirements as they pertain to navigation and shipping vessels. This administrative regulation establishes the requirements for legal boating safety equipment in Kentucky[KRS 235.280 authorizes the commissioner to promulgate administrative regulations to govern the use of all waters of the state. KRS 235.200 authorizes the establishment of standards for the required equipment. This administrative regulation establishes the standards for the required boating equipment].

Section 1. Engine Safety Equipment Requirements. (1) Except as provided in subsection (2) of this section, a person shall not operate a vessel with an enclosed engine without effective U.S. Coast Guard-approved flame arresters on carburetors pursuant to 46 C.F.R. 25.

(2) A person may operate the following without flame arresters:

(a) An outboard engine; or

(b) A vessel with an engine completely open by design and not originally equipped with Underwriters Laboratory or U.S. Coast Guard-approved flame arresters pursuant to 46 C.F.R. 25.

(3) A person shall not operate a vessel without adequate ventilation of bilges, engine compartments, fuel compartments or other enclosures.

(4) A person shall not operate a vessel originally equipped with a carburetor drip pan without the drip pan in place and maintained in a functioning condition.

(5) A person shall not operate vessels whose bilges are not maintained free from oil or grease.

Section 2. Lighting Equipment. (1) Between actual sunset and sunrise:

(a) Power driven boats less than sixty-five and six-tenths (65.6) feet in length whether operating or adrift, including sailboats operating under engine power, shall have:

1. Red and green sidelights. The red and green sidelights shall:

a. Have a red light indicating the port, or left side of the boat, and a green light indicating the starboard, or right[~~(left) side, and a green light indicating the starboard (right)~~] side of the boat;

b. Be visible to another boat approaching from the side or head on;

c. Be visible from at least one (1) mile on a clear, dark night if the boat is less than thirty-nine and four tenths (39.4) feet in length; and

2. Either:

a. An all-around white light which shall be higher than the sidelights; or

b.(i) A white masthead light that shines forward; and

(ii) A white stern light visible from the rear of the boat.

(b) An operator of a manually-powered vessel or sailboat less than twenty-two (22) feet, nine (9) inches in length shall:

1. Carry aboard and have immediately available for use a white light of sufficient intensity to illuminate the vessel and its occupants; and

2. Display the white light in time to prevent a collision from an approaching vessel.

(c) A person operating or responsible for a vessel anchored[~~or adrift~~] in a normal navigation channel or passageway[,] shall display a white light visible in a 360 degree arc.

(2) Combination or separate red and green lights shall:

(a) Have an arc of visibility extending from dead ahead to 112.5 degrees on either side of the vessel;

(b) Show the red light on the port side, and the green light on the starboard side, of the vessel; and

(3) White lights required by this section shall be visible at a distance of at least two (2) miles on a dark night with clear atmosphere.

(4) On a vessel under way between sunset and sunrise, an operator shall not display other lights which could be mistaken for the lights specified in this section.

Section 3. Signaling Devices. (1) An operator of a Class 1 or larger vessel shall have on board a hand-, mouth-, or power-operated signaling device:

(a) Capable of producing a blast of two (2) seconds duration; and

(b) Audible for:

1. One-half (1/2) mile for Class 1 vessels.

2. One (1) mile for Class 2 vessels.

3. One and one-half (1-1/2) miles for Class 3 vessels.

(2) Nothing in this administrative regulation shall exempt a vessel from additional sound devices required by the U.S. Coast Guard pursuant to 33 C.F.R. 83[~~or other governmental agencies~~].

Section 4. Personal Flotation Devices. (1) Pursuant to 46 C.F.R. 25, an operator of a Class 1, 2, or 3 recreational vessel shall have on board a minimum of:

(a) One (1) Type I, Type II or Type III personal flotation device for each person on board the vessel; and

(b) Except for canoes or kayaks, one (1) Type IV personal flotation device per vessel.

(2) An operator of a Class A recreational vessel shall have on board for each person a minimum of one (1):

(a) Type I;

(b) Type II; or

(c)[~~a minimum of one (1) Type I, Type II, or~~] Type III personal flotation device[~~for each person on board the vessel~~].

(3) A personal flotation device[~~devices~~] shall be:

(a) Approved by the U.S. Coast Guard pursuant to 46 C.F.R. 25; and

(b) In good and serviceable condition.

(4) A Type I, II, or III personal flotation device[~~devices~~] shall be:

(a) Of appropriate size for the wearer; and

(b) Readily accessible.

(5) A Type IV personal flotation device[~~devices~~] shall be immediately available for use[~~to the user~~].

(6) The following shall be exempt from the personal flotation device requirements of this section:

(a) Manually propelled racing vessels; or

(b) Sailboards.

(7) An operator may substitute a Type V personal flotation device[~~devices~~] for another[~~other~~] required personal flotation device[~~devices~~], if the Type V device:

(a) Is approved by the U.S. Coast Guard for the type of vessel and activity in which the vessel is being used pursuant to 46 C.F.R. 25; and

(b) Is being used according to the approved conditions on the label.

Section 5. Fire Extinguishers. (1) Pursuant to 46 C.F.R. 25, an operator of a vessel which contains either butane gas, propane gas, kerosene, gasoline, or a[~~other~~] petroleum-consuming device shall have the following on board[~~at a minimum~~]:

(a) For a Class A or Class 1 vessel[~~vessels~~], one (1) B-1 fire extinguisher;[.]

(b) For a Class 2 vessel[~~vessels~~]:

1. With fixed systems, one (1) B-1 fire extinguisher;[.]

2. Without fixed systems, two (2) B-1 fire extinguishers;[.]

1.[a.] Two (2) B-1 fire extinguishers; or

2.[b.] One (1) B-2 fire extinguisher; or

(d) For a Class 3 vessel[~~. 2.~~] without fixed systems:

1.[a.] Three (3) B-1 fire extinguishers; or

2.[b.] One (1) B-1 and one (1) B-2 fire extinguisher[~~extinguishers~~].

(2) An operator[~~Operators~~] shall:

(a) Maintain fire extinguishers in workable condition; and

(b) Have fire extinguishers[~~them~~] available for immediate and effective use.

Section 6. An operator shall not display flashing, rotating, or oscillating red lights on a vessel except for a vessel operated:

(1) For the purpose of firefighting or rescue by the U.S. Coast Guard;

(2) By the Commonwealth of Kentucky;

(3) By a county government;

(4) By a city government; or

(5) By another government agency[Except for a vessel operated for the purposes of firefighting or rescue by the United States Coast Guard, the Commonwealth of Kentucky, a county, city or other governmental entity, operators shall not display flashing, rotating or oscillating red lights on a vessel].

Section 7. Vessels Without Required Safety Equipment. (1) If a department conservation officer observes a vessel operating without the safety equipment established in this administrative regulation, the operator may be directed to take whatever immediate and reasonable steps are necessary to correct the deficiency, including returning to a mooring until the situation creating the unsafe condition is corrected[If an official of the department, or any other law enforcement officer, observes a vessel operating without the safety equipment specified in this administrative regulation, he may direct the operator to take whatever immediate and reasonable steps are necessary to correct the deficiency, including directing the operator to return to a mooring and remaining there until the situation creating the unsafe condition is corrected].

(2) If a vessel is directed to return to a mooring, the officer may affix a notice to the vessel:

(a) Indicating the nature of the unsafe condition; and

(b) Requiring its correction before the vessel is further operated.

BENJY KINMAN, Deputy Commissioner,

For DR. JONATHAN GASSETT, Commissioner

MARCHETA SPARROW, Secretary

APPROVED BY AGENCY: February 8, 2013

FILED WITH LRC: February 12, 2013 at 4 p.m.

PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on March 21, 2013, at 10 a.m. at the Department of Fish and Wildlife Resources in the Commission Room of the Arnold L. Mitchell Building, #1 Sportsman’s Lane, Frankfort, Kentucky. Individuals interested in attending this hearing shall notify this agency in writing by five business days prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made available unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulation by April 1, 2013. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:

CONTACT PERSON: Rose Mack, Kentucky Department of Fish and Wildlife Resources, 1 Sportsman’s Lane, Frankfort, Kentucky 40601, phone (502) 564-7109, ext. 4507, fax (502) 564-9136, email fwpubliccomments@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person: Rose Mack

(1) Provide a brief summary of:

(a) What this administrative regulation does: This administrative regulation establishes the requirements for legal boating safety equipment.

(b) The necessity of this administrative regulation: This administrative regulation is necessary to allow the department to enforce minimum boating safety standards which promotes and enhances reasonable public safety on all navigable waters of the Commonwealth.

(c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 235.200 prohibits the operation of vessels without required equipment and authorizes the department to promulgate administrative regulations regarding this equipment. KRS 235.280 authorizes the department to promulgate administrative regulations to govern the fair, reasonable, equitable, and safe use of all waters of the state. This administrative regulation establishes the requirements for boating safety equipment in Kentucky. 33 C.F.R. 83 establishes the federal navigation requirements as they pertain to steering and sailing, lights and shapes, and sounds and light signs. 46 C.F.R. 25 establishes the federal safety requirements as they pertain to navigation and shipping vessels.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will assist in the administration of the statutory boating requirements by better defining the minimum standards for proper boating in the Commonwealth.

(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

(a) How the amendment will change this existing administrative regulation: In addition to clarifying current regulations in relation to federal boating requirements, this amendment will correct a current inconsistency with a federal lighting requirement in regard to a boat adrift at night in a normal navigation channel or passageway. It now differentiates between an anchored boat in a navigation channel versus a boat adrift (or underway). An operator of a boat adrift in a navigation channel or passageway at night will now be required to have their red and green (bow) navigation lights illuminated in addition to the previously required white light.

(b) The necessity of the amendment to this administrative regulation: The necessity of this amendment is to clarify current state requirements in regard to current federal requirements and to correct a lighting inconsistency for boats adrift at night in a navigation channel in order to enhance safety and conform to federal standards.

(d) How the amendment will assist in the effective administration of the statutes: See 1(d) above.

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: All boaters who are adrift at night in a navigation channel. It is unknown how many boaters will be affected.

(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: All boaters who are adrift at night in a navigation channel shall be required to have their red and green running navigation lights on in addition to the white light requirement.

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There will be no cost for boaters to comply with this amendment.

(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Boaters will benefit from increased safety standards.

(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

(a) Initially: There will be no additional cost to implement this regulation initially.

(b) On a continuing basis: There will be no additional cost on a continuing basis.

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The source of funding is the State Game and Fish Fund.

(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: It will not be necessary to increase any fees to implement this amendment.

(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: No new fees will be established.

(9) TIERING: Is tiering applied? No tiering is applied since all boaters will need to comply with this administrative regulation.

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Department’s Division of Law Enforcement will be impacted by this regulation.

(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 235.200, 235.280, 33 C.F.R. 83, and 46 C.F.R. 25.

(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This administrative regulation will not generate revenue for the first year.

(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This administrative regulation will not generate revenue in subsequent years.

(c) How much will it cost to administer this program for the first year? There will be no additional cost to administer this amendment for the first year.

(d) How much will it cost to administer this program for subsequent years? Subsequent year costs should remain the same.

Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

Revenues (+/-):

Expenditures (+/-):

Other Explanation: