1. (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. (1) the recommendation of the executive director;
   2. (2) the topography of the body of water or specified area;
   3. (3) the depth of the water and any obstacles that are under the water;
   4. (4) the amount of boat or individual traffic on the body of water or in the specified area;
   5. (5) the interests of persons owning homes that are located on or around the body of water; and
   6. (6) any other factors that relate to the safe operation of aquatic aircraft, such as migratory waterfowl patterns, seasonal hunting, fishing, and tourism.
2. (b) The commission will approve or disapprove the request by written order; and, if disapproved, the order will state the reasons for disapproval.

Source Note:The provisions of this §30.404 adopted to be effective December 12, 1999, 24 TexReg 10918.