Title of Regulation: 4VAC15-430. Watercraft: Safety Equipment Requirements (amending 4VAC15-430-30, 4VAC15-430-40, 4VAC15-430-110).

Statutory Authority: §§ 29.1-103, 29.1-501, 29.1-502, 29.1-701, and 29.1-735 of the Code of Virginia.

Public Hearing Information:

August 14, 2012 - 9 a.m. - Department of Game and Inland Fisheries, 4000 West Broad Street, Richmond, VA

Public Comment Deadline: August 4, 2012.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.

Summary:

The proposed amendments (i) rescind the requirement that vessels less than 16 feet in length carry a U.S. Coast Guard (USGC) Approved Type IV throwable personal floatation device; (ii) amend the exemptions for vessels required to carry or exempted from carrying a USCG Approved Type IV throwable device, consistent with the Code of Federal Regulations; and (iii) clarify that carrying visual distress signals on board recreational vessels beyond the required minimum number of serviceable and unexpired distress signals is not a violation.

4VAC15-430-30. Personal flotation devices required.

A. Except as provided in 4VAC15-430-40, it shall be unlawful to use a recreational vessel unless at least one PFD of the following types is on board for each person:

1. Type I PFD;

2. Type II PFD; or

3. Type III PFD.

B. Except as provided in 4VAC15-430-40, it shall be unlawful to use a recreational vessel of 16 feet or greater unless one Type IV PFD is on board in addition to the total number of PFDs required in subsection A of this section.

C. Notwithstanding the provisions of § 29.1-742 of the Code of Virginia, it shall be unlawful to operate a personal watercraft unless each person riding on the personal watercraft or being towed by it is wearing a Type I, Type II, Type III or Type V PFD.

4VAC15-430-40. Personal flotation device exemptions.

A. A Type V PFD may be used in lieu of any PFD required under 4VAC15-430-30, provided:

1. The approval label on the Type V PFD indicates that the device is approved:

a. For the activity in which the vessel is being used; or

b. As a substitute for a PFD of the type required on the vessel in use;

2. The PFD is used in accordance with any requirements on the approval label;

3. The PFD is used in accordance with requirements in its owner's manual, if the approval label makes reference to such a manual; and

4. The PFD is being worn.

B. Personal watercraft, kayaks, canoes, inflatable rafts and vessels less than 16 feet in length that are registered in another state The following vessels are exempted from the requirements for carriage of the additional Type IV PFD required by 4VAC15-430-30.

1. Personal watercraft.

2. Nonmotorized canoes and kayaks 16 feet in length and over.

C. 3. Racing shells, rowing sculls, racing canoes, and racing kayaks are exempted from the requirements for carriage of any Type PFD required by 4VAC15-430-30.

D. 4. Sailboards are exempted from the requirements for carriage of any Type PFD required by 4VAC15-430-30.

E. 5. Vessels of the United States used by foreign competitors while practicing for or racing in competition are exempted from the carriage of any PFD required under 4VAC15-430-30, provided the vessel carries one of the sponsoring foreign country's acceptable flotation devices for each foreign competitor on board.

4VAC15-430-110. Visual distress signal stowage, serviceability, marking.

A. It shall be unlawful to use a vessel unless the visual distress signals required by 4VAC15-430-80 are readily accessible.

B. It shall be unlawful to use a vessel unless each signal required by 4VAC15-430-80 is in serviceable condition and the service life of the signal, if indicated by a date marked on the signal, has not expired. Signals in addition to the minimum required are not considered to be in violation of this subsection if the minimum requirement has been met.

C. It shall be unlawful to use a vessel unless each signal required by 4VAC15-430-80 is legibly marked with a U.S. Coast Guard approval number or certification statement.