43 TAC §§30.401-30.405
The Texas Department of Transportation adopts on an emergency
basis new §§30.401-30.405, concerning regulation of aircraft on
water.
House Bill 1620, 76th Legislature, 1999, enacted Transportation Code, Chapter
26. House Bill 1620 provides that a governmental entity that owns, controls,
or has jurisdiction over a navigable body of water may not, in an area in
which motorized boats are permitted, prohibit the takeoff, landing, or operation
of an aquatic aircraft, or regulate or require a permit or fee for the operation
of an aquatic aircraft, without approval of the Texas Department of Transportation.
New §§30.401-30.405 implement and administer the department's responsibilities
under Chapter 26.
The Texas Transportation Commission finds that an imminent peril to the
public safety, and a requirement of state law, require adoption of §§30.401-30.405
on fewer than 30 days' notice. House Bill 1620 is effective September 1, 1999.
Various governmental entities have regulations that were in effect prior to
that date. In order to allow these entities to continue to regulate the takeoff,
landing, or operation of aquatic aircraft for the purpose of protecting the
safety of users of certain bodies of water, it is necessary to adopt the new
sections on an emergency basis. This action will enable the department to
approve these pre-existing regulations at the earliest practicable date, thereby
continuing the effect of those regulations that the department determines
are justified in the interest of safety.
Section 30.401 describes the purpose for the regulation of aquatic aircraft
operations on water.
Section 30.402 provides definitions for words and terms in this subchapter.
Section 30.403 describes the application procedures for governmental entities
applying to the department for approval of a prohibition or limitation of
aquatic aircraft operations on waters within their jurisdiction. The information
required is necessary to enable the department to evaluate the approval criteria
described under §30.404.
Section 30.404 provides that the commission will, as provided by Transportation
Code, Chapter 26, approve the proposed prohibition or limitation by order
if it determines that safety concerns justify the prohibition or limitation.
In making this determination, the commission will consider various criteria
prescribed by statute. The section also provides that the commission will
consider the recommendation of the executive director and, to ensure comprehensive
consideration of all safety-related factors, any other factors that relate
to the safe operation of aquatic aircraft, such as migratory waterfowl patterns,
seasonal hunting, fishing, and tourism.
To comply with House Bill 1620 and to ensure proper notice to all interested
parties, §30.405 provides that the commission will publish notice of
the approval of a prohibition or limitation in the Texas Register, and requires
the governmental entity to publish the approved prohibition or limitation
in a local daily newspaper and notify the Federal Aviation Administration.
These sections are adopted on an emergency basis under Transportation
Code, §201.101, which provides the Texas Transportation Commission with
the authority to promulgate rules for the conduct of the work of the Texas
Department of Transportation; and more specifically, House Bill 1620, which
enacted Transportation Code, Chapter 26, requiring the department to adopt
rules for the regulation of aircraft on water.
§30.401.Purpose.
Transportation Code, Chapter 26 provides that a governmental entity
that owns, controls, or has jurisdiction over a navigable body of water may
not, in an area in which motorized boats are permitted, prohibit the takeoff,
landing, or operation of an aquatic aircraft, or regulate or require a permit
or fee for the operation of an aquatic aircraft without the approval of the
Texas Department of Transportation. This subchapter implements and administers
the department's responsibilities under Chapter 26.
§30.402.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Aquatic aircraft - A seaplane, floatplane, or similar aircraft
that is capable of taking off and landing on water.
(2)
Commission - The Texas Transportation Commission.
(3)
Department - The Texas Department of Transportation.
(4)
Executive director - The executive director of the
Texas Department of Transportation or the director's designee.
(5)
Motorized boat - Any boat propelled in whole or in
part by machinery, including boats temporarily equipped with detachable motors.
(6)
Navigable body of water - A body of water available
for public use that has the capability of use by motorized boats. This term
does not include a navigable body of water that the federal government owns,
controls, or has jurisdiction over.
§30.403.Application.
(a)
To secure approval for a prohibition or limitation under
this subchapter, a governmental entity must file an application with the executive
director. The application shall be in a form prescribed by the department
and must be accompanied by the following information:
(1)
type of prohibition or limitation requested (specific area,
times, permit fees etc.);
(2)
specific safety concerns (wires or cables above the
water or on the surface, unusual types or numbers of boats, etc.);
(3)
the depth of water and any known obstacles under the
surface;
(4)
interests of homeowners located on or near the body
of water;
(5)
any other factors such as migratory waterfowl patterns,
seasonal hunting, fishing, and tourism; and
(6)
any other documentation that the executive director
determines is necessary to assist the commission in evaluating the approval
criteria described in §30.404(a) of this title (relating to Commission
Action).
(b)
The executive director will investigate and analyze each
application to develop a recommendation to the commission based on the criteria
described in §30.404(a) of this title.
§30.404.Commission Action.
(a)
The commission will approve the proposed prohibition or
limitation if it determines that safety concerns justify the prohibition or
limitation. In making a determination, the commission will consider:
(1)
the recommendation of the executive director;
(2)
the topography of the body of water or specified area;
(3)
the depth of the water and any obstacles that are
under the water;
(4)
the amount of boat or individual traffic on the body
of water or in the specified area;
(5)
the interests of persons owning homes that are located
on or around the body of water; and
(6)
any other factors that relate to the safe operation
of aquatic aircraft, such as migratory waterfowl patterns, seasonal hunting,
fishing, and tourism.
(b)
The commission will approve or disapprove the request by
written order; and, if disapproved, the order will state the reasons for disapproval.
§30.405.Notice.
(a)
If the commission approves a prohibition or limitation
under §30.404 of this title (relating to Commission Action):
(1)
the department will publish notice of the approval in the
Texas Register; and
(2)
the governmental entity shall publish the prohibition
or regulation in a local daily newspaper and notify the Federal Aviation Administration.
(b)
The prohibition or limitation shall become effective on
the date of publication under subsection (a)(2) of this section.
Filed with the Office of the Secretary of State
on August 30, 1999.
TRD-9905490
Richard Monroe
General Counsel
Texas Department of Transportation
Effective date: September 1, 1999
Expiration date: December 30, 1999
For further information, please call: (512) 463-8630