PART 1. TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 30. AVIATION
SUBCHAPTER B. AIR CARRIERS
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Transportation or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)
The Texas Department of Transportation (department) proposes the repeal of §30.101, Scheduled Intrastate Air Passenger Carriers, §30.102, United States Certificated Air Carriers, §30.103, Nonscheduled Air Carriers, and §30.104, All-Cargo Air Carriers, all concerning air carriers.
EXPLANATION OF PROPOSED REPEALS
Article 46c-6, Vernon's Texas Civil Statutes purports to authorize the department to regulate air carriers and requires the department to adopt rules providing for the safety of air carriers. Under that article, an air carrier may not operate in the state unless the carrier has obtained a certificate of public convenience and necessity or a certificate of operating authority from the department.
Federal law preempts a state's economic regulation of air carriers. Senate Bill 334, Acts of the 81st Legislature, Regular Session, 2009, repealed Article 46c-6.
The repeal of §30.101, Scheduled Intrastate Air Passenger Carriers, §30.102, United States Certificated Air Carriers, §30.103, Nonscheduled Air Carriers, and §30.104, All-Cargo Air Carriers, removes the rules that were previously adopted under Article 46c-6 and for which, after the repeal of that article, there is no statutory authority.
FISCAL NOTE
James Bass, Chief Financial Officer, has determined that for each of the first five years the repeals as proposed are in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering the repeals.
David Fulton, Director, Aviation Division has certified that there will be no significant impact on local economies or overall employment as a result of enforcing or administering the repeals.
PUBLIC BENEFIT AND COST
Mr. Fulton has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing or administering the repeals will be to clarify that federal law has preempted state law concerning regulation of air carriers and to remove unnecessary rules. There are no anticipated economic costs for persons required to comply with the sections as proposed. There will be no adverse economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed repeal of §§30.101 - 30.104 may be submitted to David Fulton, Director, Aviation Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m. on September 14, 2009.
STATUTORY AUTHORITY
The repeals are proposed 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 department.
CROSS REFERENCE TO STATUTE
None.
§30.101.Scheduled Intrastate Air Passenger Carriers.
§30.102.United States Certificated Air Carriers.
§30.103.Nonscheduled Air Carriers.
§30.104.All-Cargo Air Carriers.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 31, 2009.
TRD-200903238
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Earliest possible date of adoption: September 13, 2009
For further information, please call: (512) 463-8683