738-090-0040 Procedure for Adding an Airport to Listings (1) The procedure for adding a publicly owned airport to OAR 738-090-0030(1)(a) is as follows: (a) The airport sponsor shall submit a written request to the Department, to add an airport to the list; (b) The request shall include documentation that: (A) The airport is publicly owned; (B) The airport was registered, licensed or otherwise recognized by the Department on or before December 31, 1994; and (C) The airport was the base for three or more aircraft in 1994. (c) The Department shall submit a copy of the airport sponsor's written request to the local government(s) that may be impacted by the change and request written comments on the request. If no comments are received from a local government within 60 days of mailing of the airport sponsor's request, it will be assumed that the local government has no comments on the request. Any comments received by the Department shall be forwarded to the airport sponsor; (d) The Department shall evaluate the airport sponsor's written request and make a recommendation to the Board whether the proposed addition should be approved or denied; (e) Upon approval of the Board, the airport shall be added to OAR 738-090-0030(1)(a) upon filing of formal amendment to the rules; and (f) If the Board denies the airport sponsor's application, the airport may not be considered for inclusion on the list for at least two years. (2) The procedure for adding a privately owned airport to OAR 738-090-0030(1)(b)is as follows: (a) The airport sponsor shall apply to the Department for site approval as a public use airport on a site approval application form, Form 802-7611, provided by the Department; (b) The airport sponsor shall submit an application to the FAA on an FAA Form 7480-1, with a proposal to place the airport into a public use category. If the airport currently has a public use airport status, this step is not necessary. (FAA Part 157.5, Notice of Intent); (c) The Department shall submit a copy of the site approval application to the local government(s) that may be impacted by this change and request written comments on the application. If no comments are received from a local government within 60 days of mailing of the airport sponsor's application, it shall be assumed that the local government has no comments on the application. Any comments received by the Department shall be forwarded to the airport sponsor; (d) The Department shall request the addresses of all affected property owners from the local governments. "Affected property owners" are those whose property is within 500 feet of an airport boundary, within an approach corridor, or whose use of their property may be directly affected, if the proposed airport is listed, by the requirements of the Land Conservation and Development's rules, OAR 660-013. The local government shall be responsible for determining which property owners will be affected by the proposed listing of an airport. This address list shall be submitted to the Department within 21 days of a written request from the Department. Failure of the local government to provide this list within the above time lines eliminates the responsibility of the Department to provide notice under this subsection. Upon receipt of the address list, the Department shall provide notice to the affected property owners, at least 20 days but no more than 40 days before the date of the public hearing, sufficient to tell the property owners generally of the effect of including the proposed airport on the list and the opportunity for public comment. The Department shall conduct a public hearing and receive testimony in each county where an airport is located. If more than one airport in a county is proposed for listing, one hearing shall be sufficient to meet this requirement. (e) The Department shall evaluate the proposal based upon criteria in ORS 836.610(1)(b) and comments received from the airport sponsor, local governments and testimony taken at a public hearing; (f) The Department shall make a recommendation to the Board whether the proposed action should be approved or denied; (g) Upon approval of the Board, the airport shall be added to OAR 738-090-0030(1)(b) upon filing of formal amendment to the rules; and (h) If the Board denies the airport sponsor's application, the airport may not be considered for inclusion on the list for at least two years. (3) The Department will comply with the administrative rulemaking requirements in ORS Chapter 183 and its State Agency Coordination Program rule in OAR chapter 731, division 15 when adding airports to the lists in sections (1) and (2) of this rule. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 184.616, 184.619 & 836.610 Statutes/Other Implemented: ORS 836.610 History: AVIA 1-2004, f. & cert. ef. 2-17-04 AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 AERO 1-1999, f. & cert. ef. 3-25-99