TITLE transportation

Part I. Texas Department of Transportation

Chapter 11. Design

Subchapter E. Statewide Transportation Enhancement Program

43 TAC §11.202

The Texas Department of Transportation adopts an amendment to §11.202, concerning project eligibility for the Statewide Transportation Enhancement Program. The amendment is adopted without changes to the proposed text as published in the April 9, 1999 issue of the Texas Register (24 TexReg 2868) and will not be republished.

EXPLANATION OF ADOPTED AMENDMENT

Section 11.202 is amended to remove the wording that a project must have a "direct" relation of function or impact to the surface transportation system. The word "direct" has been removed so that the wording of the rule closely follows the wording of the new federal surface transportation authorization bill, Transportation Equity Act for the 21st Century (TEA 21). However, the direct relation to the transportation system is still required under federal guidance (Letter of Anthony Kane, Associate Administrator for Program Development, U.S. Department of Transportation, Federal Highway Administration (FHWA), dated April 24, 1992). This amendment will not result in any program changes at this time. The department deems it prudent to remove the word "direct" in anticipation that FHWA's guidance may change under TEA 21.

COMMENTS

No comments were received on the proposed amendment.

STATUTORY AUTHORITY

The amendment is adopted under Transportation Code, §201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 28, 1999.

TRD-9903820

Richard Monroe

General Counsel

Texas Department of Transportation

Effective date: July 18, 1999

Proposal publication date: April 16, 1999

For further information, please call: (512) 463-8630


Chapter 25. Traffic Operations

Subchapter A. General

43 TAC §25.2

The Texas Department of Transportation adopts the repeal of §25.2, concerning freeway corridor management systems. The repeal is adopted without changes to the text as proposed by publication in the April 9, 1999 issue of the Texas Register (24 TexReg 2868).

EXPLANATION OF ADOPTED REPEAL

Section 25.2 contains guidelines for the development of freeway corridor management systems in coordination with local government entities such as municipalities, counties, and transit authorities. The section describes each participant's responsibility in the development, operations, and funding of each system.

Since this section was initially developed, many legal, programmatical, and institutional changes have taken place in the field of traffic management. Participant responsibilities for the development, operation, and funding of these systems between the Texas Department of Transportation and local entities are typically handled on a case by case basis. In addition, the department has existing rules §§15.50-15.56, concerning Federal, State, and Local Participation, that detail local cost participation and which allow the department to enter into mutually acceptable agreements with local governments for the development of transportation projects.

COMMENTS

No comments were received on the proposed repeal.

STATUTORY AUTHORITY

The repeal is adopted under Transportation Code, §201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 28, 1999.

TRD-9903821

Richard Monroe

General Counsel

Texas Department of Transportation

Effective date: July 18, 1999

Proposal publication date: April 9, 1999

For further information, please call: (512) 463-8630


Chapter 28. Oversize and Overweight Vehicles and Loads

Subchapter B. General Permits

43 TAC §28.12

The Texas Department of Transportation adopts amendments to §28.12, concerning Single-Trip Permits Issued Under Transportation Code, Chapter 623, Subchapter D. The amendments are adopted without changes to the text as proposed by publication in the May 14, 1999 issue of the Texas Register (24 TexReg 3698), and will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS

The department received a comment during the rule review of Chapter 28 asking that the department consider a rule change concerning the overall width limits for newly constructed houses and storage tanks. The commenter requested that the maximum width be increased from 32 feet to 34 feet. Currently, §28.12(d)(5) states that a permit will not be issued for newly constructed houses or storage tanks that exceed 32 feet overall width. The State of Oklahoma implemented similar legislation in 1991, which allows for the permitted movement of industrialized housing that is 34 feet overall in width.

The amendment to increase the overall width of a newly constructed house or storage tank from 32 feet to 34 feet should pose no additional risk to the traveling public as these loads are traveling on pre-authorized routes and have both front and rear escorts.

COMMENTS

No comments were received on the proposed amendments.

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically, Transportation Code, Chapter 623, which authorizes the department to carry out the provisions of those laws governing the issuance of oversize/overweight permits.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 28, 1999.

TRD-9903822

Richard Monroe

General Counsel

Texas Department of Transportation

Effective date: July 18, 1999

Proposal publication date: May 14, 1999

For further information, please call: (512) 463-8630