Title of Regulation: 4VAC15-440. Watercraft: Commercial Vessel Safety Equipment Requirements (amending 4VAC15-440-20).

Statutory Authority: §§ 29.1-701 and 29.1-735 of the Code of Virginia.

Effective Date: January 1, 2023.

Agency Contact: Jeff Trollinger, Natural Resource Manager II, Department of Wildlife Resources, 7870 Villa Park Drive, #400, Henrico, VA 23228, telephone (804) 367-1134, or email jeff.trollinger@dwr.virginia.gov.

Summary:

The amendments (i) make kapok and fibrous glass life preservers that do not have plastic-covered pad inserts acceptable personal floatation devices and (ii) change the term "Type V" commercial hybrid personal floatation device to the U.S. Coast Guard's new term "performance level 150."

4VAC15-440-20. Lifesaving equipment required.

A. It shall be unlawful to operate a vessel to which this chapter applies unless it meets the requirements of this section.

B. Each vessel not carrying passengers for hire less than 40 feet in length must have at least one U.S. Coast Guard approved life preserver (Type I PFD), buoyant vest (Type II PFD), or marine buoyant device intended to be worn (Type III PFD), of a suitable size for each person on board. Kapok and fibrous glass life preservers that do not have plastic-covered pad inserts as required by the U.S. Coast Guard are not acceptable as equipment required by this subsection.

C. Each vessel carrying passengers for hire and each vessel 40 feet in length or longer not carrying passengers for hire must have at least one approved (Type I PFD) life preserver of a suitable size for each person on board. Kapok and fibrous glass life preservers that do not have plastic-covered pad inserts as required by the U.S. Coast Guard are not acceptable as equipment required by this subsection.

D. In addition to the equipment required by subsections subsection B or C of this section, each vessel 26 feet in length or longer must have at least one approved ring life buoy, constructed in accordance with requirements of the U.S. Coast Guard.

E. Each vessel not carrying passengers for hire may substitute an immersion suit for a life preserver, buoyant vest, or marine buoyant device required under subsection B or C of this section. Each immersion suit carried in accordance with this subsection must be of a type approved by the U.S. Coast Guard.

F. On each vessel, regardless of length and regardless of whether carrying passengers for hire, an approved commercial hybrid PFD may be substituted for a life preserver, buoyant vest, or marine buoyant device required under subsection B or C of this section if it is:

1. Used in accordance with the conditions marked on the PFD and in the owner's manual;

2. Labeled for use on commercial vessels; and

3. In the case of a Type V performance level 150 commercial hybrid PFD, worn when the vessel is underway and the intended wearer is not within an enclosed space.