WSR 15-23-111 PROPOSED RULES DEPARTMENT OF ENTERPRISE SERVICES [Filed November 18, 2015, 11:30 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-19-162.
Title of Rule and Other Identifying Information: Operating unmanned aircraft on the state capitol grounds.
Hearing Location(s): First Floor Presentation Room, 1500 Jefferson, Olympia, WA 98504, on December 22, 2015, at 6 p.m. to 8 p.m.
Date of Intended Adoption: January 6, 2016.
Submit Written Comments to: Online https://www.surveymonkey.com/s/DESRulemaking or e-mail rules@des.wa.gov, comments will be accepted through December 28, 2015, 5:00 p.m. PST.
Assistance for Persons with Disabilities: Contact Brooke Hansen, by December 8, 2015, (360) 407-9209 or brooke.hansen@des.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Purpose: These rules are necessary for the health, safety, and security of those using the state capitol campus.
Anticipated Effects: The unauthorized operation of unmanned aircraft on the state capitol campus will cease.
Changes in Existing Rules: No change in existing rules.
Reasons Supporting Proposal:
Statutory Authority for Adoption: RCW 43.19.125.
Statute Being Implemented: RCW 43.19.125.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of enterprise services (DES), governmental.
Name of Agency Personnel Responsible for Drafting: Jack Zeigler, 1500 Jefferson, Olympia, WA 98504, (360) 407-9209; Implementation: Bonnie Scheel, 1500 Jefferson, Olympia, WA 98504, (360) 407-9320; and Enforcement: Bob Covington, 1500 Jefferson, Olympia, WA 98504, (360) 407-9203.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required. These rules do not impact small business.
A cost-benefit analysis is not required under RCW 34.05.328. DES is not an agency listed in RCW 34.05.328 (5)(a)(i). Further, DES does not voluntarily make section 201 applicable to this rule adoption nor to date, nor has the joint administrative rules review committee made section 201 applicable to this rule adoption.
November 18, 2015
Jack Zeigler
Policy and Rules Manager
Chapter 200-250 WAC
Operating unmanned aircraft on the state capitol campus NEW SECTION
WAC 200-250-010 Purpose.
The purpose of these rules is to make sure the use of unmanned aircraft on the state capitol campus is managed in a safe and secure manner by the department of enterprise services. Because of this, the state capitol campus is closed to launching, landing, or operating unmanned aircraft, subject to the conditions and exceptions described below.
NEW SECTION
WAC 200-250-020 Definitions.
(1) "Department" means the department of enterprise services.
(2) "Director" means the director of the department of enterprise services or his or her designee.
(3) "National airspace system" means is the airspace, navigation facilities and airports of the United States.
(4) "State capitol campus" means those grounds owned by the state and otherwise designated as the state capitol campus by the state capitol committee.
(5) "Unmanned aircraft" means a system or device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links).
This term includes all types of systems or devices that meet this definition that are used for any purpose or activity, including but not limited to governmental, private, recreational, or commercial uses. Some examples of unmanned aircraft are model airplanes, quadcopters, and drones.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. NEW SECTION
WAC 200-250-030 Use of unmanned aircraft is prohibited.
Launching, landing, or operating an unmanned aircraft from or on lands and waters within the boundaries of the state capitol campus is prohibited except for the exclusions listed under WAC 200-250-040.
NEW SECTION
WAC 200-250-040 Exclusions.
The prohibition on launching, landing, or operating unmanned aircraft on the state capitol campus under WAC 200-250-030 does not apply to:
(1) Emergency law enforcement and fire response operations;
(2) Other operations designed to support responses to health and human safety emergencies such as search and rescue, health and environmental incidents;
(3) National defense activities;
(4) Activities necessary for the care and custody of the state capitol campus when those activities have prior written approval by the director.
NEW SECTION
WAC 200-250-050 Requirements for obtaining advance approval of director under WAC 200-250-040(4).
(1) Use of unmanned aircraft must be approved in advance and in writing by the director.
(2) When considering approval, the director shall consider the criteria for the exception and whether the activity will:
(a) Present a clear and present danger to public health and safety;
(b) Cause injury or damage to state resources;
(c) Be contrary to the purposes for which the state capitol campus was established, or unacceptably impact the atmosphere of peace and tranquility maintained in natural, historic, or commemorative locations within the state capitol campus;
(d) Unreasonably interfere with the interpretive center, visitor services, other program activities, or with the administrative activities of enterprise services;
(e) Substantially impair the operations of enterprise services concessioners or contractors;
(f) Result in significant conflict with other existing uses.
(3) The director may condition any approval with appropriate time, place, and manner restrictions, which the requestor must follow.
(4) An approval issued by the director does not exempt the operator from obtaining the appropriate authorization from the federal aviation administration.
(5) Requirements put in place by the federal aviation administration on the use or operation of unmanned aircraft in the national airspace system must be followed. Nothing in this rule or enterprise services policies is intended to modify any requirement put in place by the federal aviation administration on the use or operation of unmanned aircraft in the national airspace system.
(6) Enterprise services will coordinate with the federal aviation administration regarding the use of unmanned aircraft on the state capitol campus as may be required.
(7) Applicable policies and rules put in place by the department must be followed, including but not limited to chapters 200-200 through 200-220 WAC.
(8) Applicable state requirements must be followed.
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