Or. Admin. Code § 738-040-0020
Current through Register Vol. 63, No. 11, November 1, 2024
Section 738-040-0020 - Interagency Coordination(1) Seaplane operations on those federally navigable waters defined under 33 Code of Federal Regulations §§ 2.05-25(a)(1995), are subject to regulation by the United States Coast Guard and, for impoundments behind Corps of Engineer dams, by the Army Corps of Engineers. Seaplane operators should ascertain the federal regulations before conducting seaplane operations on these waters: (a) For informational purposes, a list of significant Oregon river segments that have been determined as of 1995 to be federally navigable waters is provided as section (3) to this rule. These waters are subject to Coast Guard regulation. Impoundments under Corps of Engineer jurisdiction are not listed, however, the Corps of Engineers has adopted regulations for seaplane operations at lakes under Corps of Engineer jurisdiction. These regulations and the waters effected are listed in the Corps pamphlet, "Seaplane Operations at Corps of Engineers Lakes" (1982). A copy may be obtained from the Portland District Office of the Army Corps of Engineers or from the Department.(b) Sources of information on federal seaplane regulations include: (A) 14 Code of Federal Regulations Part 91 (1996) (FAA);(B) 33 Code of Federal Regulations Part 81, Appendix A, and 33 USC §§ 2001 - 2073 (1995) (U.S. Coast Guard);(C) 36 Code of Federal Regulations Part 327.4(1995) (U.S. Army Corps of Engineers); and(D) Advisory Circular 91-69 "Seaplane Safety" (1992) (FAA).(2) The governing body of a political subdivision of this state wishing to apply for special regulations affecting seaplane operations on waters within the territorial limits of the political subdivision shall submit an application to the State Aviation Board through the Department, as provided for in OAR 738-040-0040. It shall be the policy of the Department to investigate and analyze each request for special regulations in a timely manner and to cooperate with such governmental agencies to develop consistent regulations necessary to promote safe seaplane operation and to adopt these regulations as part of these rules.(3) Navigable waters of the United States where Federal Regulations apply, include but are not limited to, the significant river segments listed in subsections (a) through (v) of this section. This list of waters is meant to be informational only. Determinations of navagability are made by the U.S. Coast Guard and are subject to change. (See 33 CFR § 2.10-5 for the latest determinations and other waters not noted here.) The distance shown in the column headed "Miles" refers to the distance up-stream from the river's entrance at the ocean, or its confluence other body of water): Name - Miles (a) Alsea Bay and River - 13;(c) Columbia River - Entire Length in Oregon;(d) Coos River (above Coos Bay) - 6;(e) Coos River (South Fork) - 9;(g) Coquille River (North Fork) - 2;(h) Coquille River (East Fork of North Fork) - 2;(i) Coquille River (South Fork) - 2;(j) Little Nestucca River - 2;(l) Nehalem Bay and River - 8;(m) Nehalem River (North Fork) - 5;(n) Nehalem River (South Fork) - 5;(o) Nestucca Bay and River - 9;(s) Siletz Bay and River - 22;(u) Siuslaw River (North Fork) - 2;(w) Smith River (North Fork) - 1;(x) Snake River (along boundary) - 54;(y) Tillamook Bay and River - 16;(bb) Willamette River (to Eugene) - 185;(ee) Yaquina Bay and River - 23;(ff) Youngs Bay and River - 10.Or. Admin. Code § 738-040-0020
1AD 3-1981, f. 7-23-81, ef. 8-1-81; 1AD 5-1981, f. & ef. 11-18-81; AERO 1-1997, f. & cert. ef. 2-28-97; AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02Publications: Publications referenced are available from the agency.
Stat. Auth.: ORS 184.619, ORS 835.035 & ORS 835.080
Stats. Imp.lemented: ORS 835.035, ORS 835.040 & ORS 835.080