738-035-0040 Minimum Standards for Fixed Base Operators (FBOs) at State-Owned Airports (1) An FBO is the only commercial operator permitted by the Department to provide fueling services and facilities at any category of State-owned airport. (2) In addition to the mandatory primary operation of aircraft fueling, an FBO operating at a Category II, Category III or Category IV State-owned airport shall provide a minimum of two (2) of the following secondary services: (a) Flight training; (b) Airframe and power plant maintenance; (c) Aircraft rental; (d) Avionics maintenance and sales; or (e) Aircraft storage. (3) An FBO operating at a Category V State-owned airport may provide secondary services as the market demands, but shall be permitted to provide only fueling services facilities if an insufficient secondary market exists. (4) Each FBO may subcontract or use third-party operators to provide any primary or secondary service. Subcontractors and third-party operators shall meet all minimum standards requirements. (5) Each FBO shall conduct its business, and perform activities on and from the business premises, in a professional manner, consistent with the degree of care and skill exercised by experienced FBOs providing comparable products, services and activities from similar airports in like markets, and consistent with this section. (6) Every FBO operating on State-owned airport shall comply with the following airport public building requirements: (a) Category II Airport: The FBO shall provide on the property a public use terminal building with floor space for: (A) Customer lobby; (B) Office; (C) Pilot’s lounge; (D) Flight planning and weather briefing area; (E) Public rest rooms; and (F) Additional facilities and services as listed in paragraphs (7), (8) and (9) below. (b) Category III or IV Airports: The FBO shall lease or construct on the property, a public use terminal building capable of meeting business demand, as approved by the Director or the Director’s designee. (c) Category V Airport: The FBO is not required to lease or construct a public use terminal building on the property; however, if the FBO chooses to lease or construct a public use terminal building, the building must be capable of meeting business demand, as approved by the Director or the Director’s designee. (7) Each FBO shall provide adequate vehicle parking on the property to meet the needs of customers and employees, in accordance with local building codes, but in no event fewer than: (a) Category II Airport: five (5) paved parking spaces; (b) Category III or IV Airports: three (3) paved parking spaces; (c) Category V Airport: two (2) paved or gravel parking spaces. (8) Every FBO operating on a State-owned airport shall provide adequate property for its aircraft operating area (ramp), independent of any building area, vehicle parking area and fuel storage area. The aircraft operating area shall provide transient aircraft parking and tie-down areas for no fewer than: (a) Category II Airport: five (5) aircraft; (b) Category III or IV Airports: three (3) aircraft; (c) Category V Airport: two (2) aircraft. (9) Each tie-down ramp area on a State-owned airport shall be adequate to support all the activities of the FBO and all approved subtenants. The FBO shall maintain the ramp area and keep it clean and free of foreign object debris (FOD). (10) Each FBO shall be open for business on a regular schedule and shall provide aircraft fueling and line services to adequately serve the airport category. Business hours, including holiday closures, shall be recorded with the Department in advance and regularly updated for accuracy: (a) Category II Airport: Each FBO shall be open for business and provide aircraft fueling and line services seven (7) days per week, during appropriate business hours. In addition, each FBO shall: (A) Be on call twenty-four (24) hours each day to provide after-hours fuel service within two (2) hours of a customer request; or (B) Develop and record with the Department a shared on-call schedule, at those airports where multiple FBOs are located who mutually agree upon shared responsibilities, to provide after-hours fuel services; and (C) Provide adequate notice to the public of the communication mode with a designated on-call employee to ensure that after-hours on-call fueling services are readily accessible and timely provided, whether after-hours services are provided by a sole FBO or shared between multiple FBOs. (b) Category III and IV Airports: Each FBO shall be open for business and provide aircraft fueling and line services a minimum of five (5) days per week, during appropriate business hours. In addition, each FBO shall: (A) Be on call twenty-four (24) hours each day to provide after-hours fuel service within two (2) hours of a customer request; or (B) Develop and record with the Department a shared on-call schedule, at those airports where multiple FBOs are located who mutually agree upon shared responsibilities, to provide after-hours fuel services; and (C) Provide adequate notice to the public of the communication mode with a designated on-call employee to ensure that after-hours on-call fueling services are readily accessible and timely provided, whether after-hours services are provided by a sole FBO or shared between multiple FBOs. (c) Category V Airport: If the FBO provides a self-fueling station, it must be readily accessible to customers and illuminated for nighttime operations. (11) Each FBO operating on a Category II, Category III or Category IV airport shall have on duty, during all required hours of operation, a minimum of one (1) employee and such additional personnel as needed to adequately meet the operating minimum standards for each specific aeronautical service offered by the FBO. Multiple responsibilities may be assigned to qualified employees, where feasible. (12) Each FBO operating at a State-owned airport shall provide the Department with a current and accurate roster consisting of names, addresses and contact information for all persons responsible for the both management and operation of the FBO, even if the FBO is an unstaffed self-fueling operation sited at a Category V airport. (13) Each FBO shall provide the Department with points of contact and appropriate telephone numbers to enable contact in any emergency situation. (14) Each FBO shall obtain, and shall keep current at all times, any and all required fueling certifications and permits necessary for storing, handling and dispensing aircraft fuel storage. Each FBO shall train its management and fuel handling personnel to ensure safe and proper handling, dispensing and storage of aviation fuels. Periodic refresher training shall be provided as necessary. (15) Each FBO shall develop and maintain Standard Operating Procedures (SOPs) for refueling and ground handling operations that comply with all Uniform Fire Code and FAA standards and requirements. The SOPs shall be submitted to the Department no later than thirty (30) days prior to the FBO commencing fueling activities and shall specifically address: (a) Bonding protection; (b) Fire protection; (c) Public protection; (d) Control of access to fuel storage areas; and (e) Marking and labeling of fuel storage tanks and fuel dispensing equipment. (16) Each FBO shall comply with all FAA regulations pertaining to aircraft fuel storage, handling and dispensing on airports, to all airport rules and regulations, and to any other applicable laws related to aircraft fuel handling, dispensing and storage. (17) Each FBO shall meet all State of Oregon insurance requirements and shall maintain, at a minimum, the specific types and amounts of insurance specified in their agreement with the Department. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 1-2003, f. 2-24-03, cert. ef. 3-1-03