reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 20 - MINIMUM STANDARDS FOR AIRPORTS › Section 738-020-0025 - Application for Site Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as provided in ORS
			 836.080, OAR
			 738-020-0030 or as approved by
			 the FAA after a site selection study, no municipality or officer or employee
			 thereof, nor any person, shall construct or establish an airport or heliport
			 without first having obtained an approval from the Department for the proposed
			 site.
(2) The provisions of this
			 rule apply equally to establishment of new airports or heliports or substantial
			 modification of existing facilities. Substantial modification is construed to
			 mean any significant change of physical dimensions, as determined by the
			 Director, or any change of physical conditions which causes the airport or
			 heliport to become either unsafe or unusable for the aeronautical purposes for
			 which the original license was issued. Substantial modification of existing
			 facilities may be exempt from the provisions of this section if those
			 modifications are constructed as a result of an FAA airport improvement
			 project. To keep the Department informed as to the modifications made to an
			 airport, a copy of the FAA approved Airport Layout Plan and the final "as
			 constructed" plans shall be furnished to the Department.
(3) Written application for site approval
			 shall set forth, on a form provided by the Department, the proposed use of the
			 airport or heliport, a map, plan, or sketch depicting location, layout,
			 dimensions, topographic features, obstructions, and relationship to all other
			 aeronautical facilities within five miles. Payment of a nonrefundable fee of
			 $75, together with $300 for the cost of inspecting an airport site for
			 potential approval, as established by ORS
			 836.085(1),
			 shall accompany the application.
(4) Within a reasonable time after receiving
			 such application, the Director will render a finding as to whether the proposed
			 airport is compatible with the State Aviation System Plan. If found to be
			 compatible, an the Department inspector will then make a physical site
			 investigation to evaluate certain aspects of the proposed site, including, but
			 not limited to:
(a) All real property devoted
			 to or to be used in connection with any aeronautical activity at the proposed
			 airport;
(b) The location of the
			 airport in relation to any surrounding topography, trees or structures that
			 could affect the safety of the airport;
(c) The location and configuration of the
			 proposed airport's runways and operation areas in relation to those of existing
			 and approved airports or airport sites in the vicinity that could affect the
			 safety of aircraft operating from the proposed airport, or from other
			 airports.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 20 - MINIMUM STANDARDS FOR AIRPORTS › Section 738-020-0030 - Application for License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided in ORS 836.080, a person, municipality,
			 or officer or employee thereof may not operate a public-use airport without a
			 license issued by the Oregon Department of Aviation. The license fee is
			 determined by statute and shall be paid in full for the initial calendar year
			 or portion thereof, and for each annual renewal. Application for license and
			 renewal shall be in writing on a form provided by the Department and shall be
			 accompanied by the prescribed fee. Application for initial license shall be
			 accompanied by a drawing or sketch depicting the airport "as built." Sketches
			 depicting any changes to the "as built" sketch submitted when the airport was
			 first licensed, or as subsequently revised, shall accompany any application for
			 renewal of license.
(2)
			 Personal-use airports are exempt from licensing, but sponsors are required to
			 register the airport prior to February 1 of each year on a form furnished by
			 the Department. There is no fee for registration. New airports must be
			 registered within thirty days of completion of the airport in accordance with
			 plans submitted for site approval, and be approved by the Department. These
			 airports may be approved for use by aircraft whose published manufacturer
			 specifications state they can be operated from an airport of a size less than
			 the state minimum standards.
(3)
			 Agstrips need not be licensed, registered, or have site approval if the use of
			 that strip is to be of an occasional nature only. However, the use of an
			 agstrip shall be the sole responsibility of the person operating it. The
			 operator is responsible not only for his or her own safety, but for the safety
			 of persons and property on the ground. Conflict with traffic patterns of an
			 existing airport must be avoided or coordinated and resolved. Such strip shall
			 not be used by aircraft not under the agstrip operator's control.
Stat. Auth.: ORS 825 & 826
Stats. Implemented: ORS
				  836.105
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 20 - MINIMUM STANDARDS FOR AIRPORTS › Section 738-020-0035 - Approval of Site: Issuance of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within a reasonable time after receipt of
			 application, the Department shall grant approval of the site under the
			 provisions of OAR 738-020-0025 or shall issue a
			 license, as the case may be, if it is satisfied that:
(a) The airport meets, or will meet, the
			 minimum standards prescribed by OAR
			 738-020-0020;
(b) Safe air traffic patterns can be worked
			 out for such airport and all existing or approved airports in its
			 vicinity;
(c) Due notice has been
			 given the FAA, by the applicant on an appropriate FAA form and an FAA
			 determination has been made in any case where such notice is required,
			 regarding any proposed construction;
(d) The airport has been constructed in
			 accordance with plans as submitted to the Department with either the
			 application for site approval or for a license; and
(e) The airport substantially meets land use
			 and zoning requirements of the local governmental entity having
			 jurisdiction.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 20 - MINIMUM STANDARDS FOR AIRPORTS › Section 738-020-0040 - Revocation of Site Approval or License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may, after notice and
			 opportunity for hearing, revoke a site approval upon determining (ORS
			 836.100):
(a) That there has been an abandonment of the
			 site as an airport site; or
(b)
			 That there has been a failure within the time prescribed, or if no time was
			 prescribed, within two years' time, to develop the site as an airport or to
			 comply with the conditions of the approval; or
(c) That control of necessary approach and
			 departure zones has not been obtained within a specified time or obstructions
			 exist at the end of the runway so as to create a hazard to aircraft.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 20 - MINIMUM STANDARDS FOR AIRPORTS › Section 738-020-0045 - Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
The procedure for hearings and appeals in connection with the
				grant, denial, or revocation of a site approval or license shall be as provided
				in The Attorney General's Model Rules of Practice and Procedure under the
				Administrative Procedure Act, and ORS Chapter 183.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the agency.
Stat. Auth.: ORS
				  184.616, ORS
				  184.619, ORS
				  835.035, ORS
				  836.100, ORS
				  836.110 & ORS
				  836.115
Stats. Implemented: ORS
				  183.430, ORS
				  183.435, ORS
				  836.100, ORS
				  836.110 & ORS
				  836.115
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 25 - AIRPORT FUEL FACILITIES › Section 738-025-0001 - Purpose of Rule

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to establish a procedure for
				permitting nonretail facilities that dispense aviation fuels at
				airports.
Stat. Auth.: ORS
				  835.112 &
				  480.390
Stats. Implemented: ORS
				  480.390
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 25 - AIRPORT FUEL FACILITIES › Section 738-025-0010 - Permit Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before
			 starting construction or installation of a nonretail (cardlock) facility to
			 dispense aviation fuels at an airport the owner or operator of the proposed
			 facility shall submit to the Department an application for a facility permit.
(a) The Department shall specify the form of
			 the application.
(b) The airport
			 owner shall sign the application.
(c) The Department shall consider the airport
			 owner's signature on the application as proof that the airport owner has
			 permitted the construction or installation of the facility.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 35 - OPERATING MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITY AT STATE-OWNED AIRPORTS › Section 738-035-0005 - Purpose and Overview

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Minimum
			 operating standards are established at Oregon's State-owned airports so that:
(a) Any person or entity proposing to use or
			 access State-airport property or facilities for commercial aeronautical
			 activity compensates the Department for use of State property at fair market
			 rent for such use and privilege.
(b) The Department consistently applies
			 uniform requirements to all commercial operators at State-owned
			 airports;
(c) Application of fair
			 market rental rates creates parity between State-owned facilities and other
			 public airports, ensuring that no person or entity receives a competitive
			 advantage by using State facilities;
(d) State-owned airport public areas, roads,
			 taxiways, runways and aprons remain available and open for public aeronautical
			 use;
(e) Development of airport
			 facilities and commercial aeronautical services at all State-owned airports is
			 orderly and efficient;
(f) The
			 environment at State-owned airports fosters high quality commercial
			 aeronautical services for the airport users and tenants; and
(g) The Department, as airport sponsor for
			 all State-owned airports, complies fully with federal grant
			 assurances.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 35 - OPERATING MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITY AT STATE-OWNED AIRPORTS › Section 738-035-0010 - Application of Operating Minimum Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Existing operators with current
			 agreements executed prior to February 1, 2003, shall not be required to conform
			 to these minimum standards until renewal of their agreement with the
			 Department; however, any exempt operator may voluntarily elect to comply with
			 these operating minimum standards in advance of their renewal date.
(2) Existing operators who are unable to meet
			 the requirements of these minimum standards at the time of their agreement
			 renewal shall submit a written plan outlining a specific timeline for their
			 full compliance with the minimum standards. The Director, or the Director's
			 designee, must approve the compliance plan prior to renewal of the
			 agreement.
(3) These operating
			 minimum standards are deemed to be part of each commercial operator's agreement
			 with the Department, whether or not expressly set forth in their written
			 agreement, with the exception of those specific instances when provisions are
			 expressly waived or modified in writing by the Director or the Director's
			 designee. The omission of a specific reference to any particular minimum
			 standard in an operator's written agreement with the Department shall not
			 constitute a waiver or modification of these operating minimum
			 standards.
(4) If a commercial
			 operator conducts multiple aeronautical activities under a single written
			 agreement with the Department, that operator shall comply with the minimum
			 standards established for each separate activity or SASO. If the minimum
			 standards for one aeronautical activity are inconsistent with the minimum
			 standards for another, then the stricter or higher standard shall apply to all
			 aeronautical activities of that operator.
(5) Activities with no specific minimum
			 standards in these rules shall be addressed by the Department on a case-by-base
			 basis in the commercial operator's written lease, license, permit or
			 agreement.
Stat. Auth.: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112
Stats. Implemented: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112, ORS
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 35 - OPERATING MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITY AT STATE-OWNED AIRPORTS › Section 738-035-0015 - Authorization for Commercial Activity on State-Owned Airport Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Department of Aviation has authority to authorize commercial aeronautical
			 activity on State-owned airport property.
(2) When the Department determines that a
			 person or entity is engaged in, or proposes to engage in, commercial activity
			 at a State-owned airport, the Department may grant that person or entity
			 permission to do so, may issue that person or entity a permit with restrictions
			 or conditions, may require the person or entity to enter a lease or agreement
			 with the Department, or may deny such permission.
(3) The Department shall consider the
			 following criteria in determining if an operator shall be authorized to conduct
			 business:
(a) The terms and conditions of any
			 pre-existing commercial operators at the airport providing comparable
			 services;
(b) The impact of the
			 proposed new commercial activity on public safety and convenience;
(c) The amount of available space at the
			 airport;
(d) The customary uses of
			 the airport;
(e) Compatibility of
			 the proposed new commercial activity with present and planned development at
			 the airport; and
(f) Compliance of
			 the proposed activity with all federal, state and local laws and regulations,
			 including land use regulations.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 35 - OPERATING MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITY AT STATE-OWNED AIRPORTS › Section 738-035-0020 - Waiver or Modification of Operating Minimum Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director, or the Director's designee,
			 may waive or modify any portion of these operating minimum standards for the
			 benefit of:
(a) A government agency
			 performing nonprofit public services; or
(b) Fire protection or emergency response
			 operations.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 35 - OPERATING MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITY AT STATE-OWNED AIRPORTS › Section 738-035-0025 - Review, Revisions and Amendments to Operating Minimum Standards

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall review these operating minimum standards
				at least once every two (2) years to determine whether changes in either the
				airport business or the regulatory environment necessitate amendment of these
				standards.
Stat. Auth.: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112
Stats. Implemented: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112, ORS
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 35 - OPERATING MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITY AT STATE-OWNED AIRPORTS › Section 738-035-0030 - Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall provide consistent, uniform, and fair
				enforcement of these minimum standards to accomplish the Department's goals and
				promote successful commercial business operations at all State-owned airports.
				The Department may, therefore, provide in its written agreements any
				appropriate provisions to assist the Department in enforcing these operating
				minimum standards.
Stat. Auth.: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112
Stats. Implemented: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112, ORS
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 35 - OPERATING MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITY AT STATE-OWNED AIRPORTS › Section 738-035-0035 - Commercial Business Employee Conduct at State-Owned Airports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All commercial
			 operators at State-owned airports shall diligently provide consistently high
			 quality, responsive and professional services that meet or exceed the needs of
			 airport users.
(2) Each commercial
			 operator shall employ the quantity of trained, on-duty management and personnel
			 necessary to ensure compliance with its obligations to provide courteous,
			 efficient and safe services to all customers.
(3) All personnel employed by any commercial
			 operator shall meet all federal, state and local training requirements, and
			 shall hold all appropriate certifications required for their duties.
(4) No commercial operator shall do, or
			 permit to be done, anything that may interfere with the effectiveness or
			 accessibility of any:
(a) Airport
			 system;
(b) Public utility
			 system;
(c) Drainage
			 system;
(d) Sewer system;
(e) Fire protection system;
(f) Sprinkler system;
(g) Alarm system; or
(h) Fire hydrant.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 35 - OPERATING MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITY AT STATE-OWNED AIRPORTS › Section 738-035-0040 - Minimum Standards for Fixed Base Operators (FBOs) at State-Owned Airports

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 35 - OPERATING MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITY AT STATE-OWNED AIRPORTS › Section 738-035-0045 - Primary FBO Services Required at State-Owned Airports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following requirements apply to every
			 FBO operating on a State-owned airport, regardless of airport category. Each
			 FBO shall:
(a) Provide the sale and
			 into-plane delivery of ASTM rated aviation fuels (to include either 100 LL
			 octane avgas, Jet A fuel, or both), lubricants and other aviation petroleum
			 products.
(b) Ensure that all
			 equipment used for storing and dispensing petroleum products meets all
			 applicable federal, state and local safety standards, codes and
			 regulations.
(c) Provide a
			 stationary fuel storage system design meets all applicable federal, state and
			 local regulations and standards. The system shall be designed and operated to
			 meet Air Transport Association (ATA) 103 requirements and the requirements of
			 AC150/5230-4, as well as Environmental Protection Agency (EPA) standards that
			 include proper fuel spill prevention features and containment
			 capabilities.
(d) Provide
			 filter-equipped fuel dispensers, with separate dispensing pumps and meter
			 systems for each grade of fuel supplied.
(e) Ensure that all metering devices are
			 inspected, checked and certified annually by appropriate local and state
			 agencies.
(f) Monitor fuel
			 inventories in accordance with current Environmental Protection Agency (EPA)
			 standards and provide copies of fuel inventories to the Department upon
			 request.
(g) Maintain a written
			 plan for fuel spill prevention, countermeasures and control, and shall provide
			 a current copy of the plan to the Director or the Director's
			 designee.
(h) Receive prior written
			 permission from the Director or the Director's designee before providing
			 commercial self-service fueling equipment (cardlock) equipment. All cardlock
			 equipment must comply with all state and local building codes, as well as the
			 requirements of OAR 738-035-0070.
(i) Conduct the lawful, sanitary and timely
			 handling and disposal of all solid waste, regulated waste and other materials,
			 including but not limited to:
(A) Sump
			 fuel;
(B) Used oils;
(C) Solvents; and
(D) Other regulated waste.
(j) Ensure that no crates, boxes,
			 barrels, containers, refuse or other surplus property is piled or stored
			 anywhere on the lease property.
(k)
			 Provide an adequate supply of the proper type and size of operable fire
			 extinguishers in all proper locations, in accordance with the Uniform Fire
			 Code. All fire extinguisher certifications shall be kept current at all
			 times.
(l) Meet all State of Oregon
			 insurance requirements and maintain the type and amounts of insurance specified
			 in their agreement with the Department.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 35 - OPERATING MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITY AT STATE-OWNED AIRPORTS › Section 738-035-0050 - Secondary FBO Services at State-Owned Airports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An FBO providing flight training services
			 shall:
(a) Make available a minimum of one (1)
			 FAA-certified and currently qualified flight instructor, registered with the
			 Department in compliance with Oregon pilot registration laws and as many
			 additional instructors as are necessary to adequately meet the flight training
			 demand and schedule requirements;
(b) Provide one or more properly maintained
			 and equipped aircraft, registered with the Department in compliance with Oregon
			 aircraft registration laws, to conduct the services offered; and
(c) Ensure that all student pilots are
			 registered with the Department in compliance with Oregon pilot registration
			 laws.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 35 - OPERATING MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITY AT STATE-OWNED AIRPORTS › Section 738-035-0055 - Minimum Standards for Specialized Aviation Service Operations (SASO) at State-Owned Airports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) SASOs that
			 provide the same or similar services shall comply equally with all applicable
			 Minimum Standards; however, the Department will not require, without adequate
			 justification, that a SASO meet all the criteria for a full-service FBO for the
			 type of operation conducted.
(2)
			 Each SASO shall operate out of a building located on the airport. The building
			 shall be of an appropriate size to accommodate the services being offered, be
			 accessible to the public, and shall be marked with appropriate external
			 signage.
(3) Each SASO shall
			 provide automobile parking area appropriate for the needs of the business.
			 Parking areas on Category II, III and IV Airports shall be paved; parking areas
			 on Category V Airports may be paved or gravel.
(4) Each SASO shall keep current and provide
			 to the Department a written statement of names, addresses and contact
			 information for all personnel responsible for the operation and management of
			 the SASO.
(5) Each SASO shall meet
			 all State of Oregon insurance requirements and shall maintain the types and
			 amounts of insurance as specified in the agreement with the
			 Department.
(6) Each SASO providing
			 aircraft dual and solo ground and flight instruction, necessary to complete the
			 written examination and flight check for any category of pilot certificate or
			 rating, shall meet the following minimum requirements:
(a) Provide at least one (1) currently
			 qualified FAA-certified flight instructor, registered with the Department in
			 compliance with Oregon pilot registration laws, and additional qualified
			 instructors as necessary to meet the flight training demand and schedule
			 requirements;
(b) Provide at least
			 one (1) properly maintained and equipped aircraft, registered with the
			 Department in compliance with Oregon aircraft registration laws, to accomplish
			 the services offered; and
(c)
			 Ensure that all student pilots are registered in compliance with Department
			 pilot registration laws.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 35 - OPERATING MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITY AT STATE-OWNED AIRPORTS › Section 738-035-0060 - Minimum Standards for Mobile Service Providers (MSPs) at State-Owned Airports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 MSP shall maintain a current Airport Operating Permit (AOP) issued by the
			 Department. All AOPs must be renewed annually and accompanied by the fee
			 designated in OAR 738-010, the Rates and Charges rule.
(2) Each MSP shall maintain a current written
			 statement of names, addresses and contact information for all personnel
			 responsible for the operation and management of the MSP, and shall provide the
			 Department with updated copies.
(3)
			 Each MSP shall meet all State of Oregon insurance requirements and shall
			 maintain the specific types and amounts of insurance as specified in their
			 agreement with the Department.
(4)
			 Each MSP shall employ a sufficient number of qualified personnel to meet these
			 Minimum Standards for each aeronautical service provided; however, multiple
			 responsibilities may be assigned to any qualified employee, where
			 feasible.
(5) Each MSP that
			 operates aircraft shall ensure that all aircraft and pilots are registered with
			 the Department in compliance with Oregon aircraft and pilot registration
			 laws.
Stat. Auth.: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112
Stats. Implemented: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112, ORS
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 35 - OPERATING MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITY AT STATE-OWNED AIRPORTS › Section 738-035-0065 - Minimum Standards for Commercial Self-Fueling Services at State-Owned Airports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 commercial self-fueling operators situated on any State-owned airport must be
			 an FBO, as defined in OAR
			 738-035-0035. All commercial
			 self-fueling operators shall apply to the Department and receive written
			 approval before commencing operations. The Department reserves the right to
			 grant or deny authorization for a commercial self-fueling operation at a
			 State-owned airport.
(2) Each
			 commercial self-fueling operator shall provide, at a minimum, 100LL aviation
			 gasoline.
(3) All commercial
			 self-fueling products, dispensing equipment and fuel storage shall meet all
			 applicable federal, state and local regulations and requirements regarding
			 safety, testing, filtering, inventory management and quality
			 assurance.
(4) Only those locations
			 on the airport that have been designated by the Department as temporary or
			 permanent fuel storage areas shall be used for storing aviation
			 fuels.
(5) Each commercial
			 self-fueling operator shall comply with all federal, state and local
			 environmental laws, ordinances and regulations.
(6) Each commercial self-fueling operator
			 shall provide the Department with a copy of its current fuel spill prevention,
			 countermeasures and control plan, which must include methods and procedures to
			 prevent, control and clean up a fuel spill on airport property.
(7) Each FBO authorized to install and
			 maintain self-fueling equipment shall provide monthly fuel inventory
			 reconciliation reports to the Department, listing the total amounts of fuel
			 dispensed to all aircraft.
Stat. Auth.: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112
Stats. Implemented: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112, ORS
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 35 - OPERATING MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITY AT STATE-OWNED AIRPORTS › Section 738-035-0070 - Compliance with Operating Minimum Standards by Through-The-Fence Operators at State-Owned Airports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department is obligated, on behalf of the aviation system of Oregon and the
			 State-owned airports held in the state inventory, to regulate all aeronautical
			 activities on property that accesses the State-owned land for landing and
			 takeoff of aircraft. Therefore, the Department shall require any person or
			 entity conducting commercial aeronautical activities at a State-owned airport
			 by an access or through-the-fence agreement to comply fully with these
			 operating minimum standards.
(2) If
			 a person or entity has an existing access agreement with the Department,
			 already in effect on February 1, 2003, that person or entity is not subject to
			 these operating minimum standards during the remaining period of the agreement;
			 however, the minimum standards shall apply at the time that agreement is
			 renewed and shall be clearly incorporated in any new agreement.
(3) If a person or entity is performing
			 through-the-fence commercial aeronautical activities without a current access
			 agreement with the Department, that person or entity shall either:
(a) Obtain an access agreement within thirty
			 (30) calendar days of notification by the Department; or
(b) Cease their access of State-owned airport
			 property by the 30th day following notification by the Department.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 35 - OPERATING MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITY AT STATE-OWNED AIRPORTS › Section 738-035-0075 - Exemption from Operating Minimum Standards for Flying Clubs at State-Owned Airports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All aircraft
			 owned by a flying club must be vested in the name of the club or in its owners
			 on a pro-rata basis.
(2) The flying
			 club shall not derive greater revenue from the use of the aircraft than the
			 cost to operate, maintain, and replace or enhance the aircraft or fleet of
			 aircraft.
(3) A flying club has the
			 right to fuel and maintain the club aircraft with its members, since it
			 qualifies as an individual under the FAA grant assurances.
(4) The regulation of flying clubs is not
			 governed through these minimum standards, since flying clubs are not commercial
			 aeronautical activities.
(5) The
			 Department may require a flying club to furnish documents, such as insurance
			 policies, by-laws, meeting minutes and notifications, and a current roster of
			 members, to ensure that the club remains a non-commercial and non-profit
			 organization.
Stat. Auth.: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112
Stats. Implemented: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112, ORS
				  836.055
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 40 - SEAPLANE OPERATION › Section 738-040-0010 - Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
To regulate seaplane operations on certain waters of this state
				to ensure the safe operation of such aircraft in relation to marine craft and
				persons using the same waters:
(1) ORS
			 184.619 pertaining to rulemaking
			 authority.
(2) ORS
			 835.035 pertaining to the
			 general public interest, safety and the development and promotion of
			 aeronautics.
(3) ORS
			 835.080 directing the State
			 Aviation Board to adopt rules governing seaplane safety and operations on state
			 waters.
Stat. Auth.: ORS
				  184.619, ORS
				  835.035 & ORS
				  835.080
Stats. Implemented: ORS
				  835.035, ORS
				  835.080 & ORS
				  835.085
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 40 - SEAPLANE OPERATION › Section 738-040-0016 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Division 40 rules are applicable to all seaplanes on state waters and waters of
			 this state except when inconsistent with an applicable laws or regulations of
			 an agency of the United States.
(2)
			 Given due regard for the suitability of any area for take off and landing in
			 accordance with Federal Aviation Regulation 91.103, Seaplanes may land, take
			 off or operate on waters of this state open to motorboats, unless specifically
			 prohibited by Division 40 rules or unless inconsistent with any applicable laws
			 or regulations of an agency of the United States. These rules establish no
			 priority or precedence for seaplane operations. All seaplane operators must
			 exercise due caution and consideration for the other users of the
			 water.
(3) A seaplane, operating on
			 the water and not in flight, is subject to, and must comply with all boating
			 restrictions and regulations established for the particular body of water on
			 which it is operating.
(4) No
			 political subdivision of this state may enact or enforce any law or other
			 regulation pertaining to the operation of seaplanes on waters of this state
			 (See OAR 738-040-0040 for the application
			 for special regulations.)
Stat. Auth.: ORS
				  184.619, ORS
				  835.035 & ORS
				  835.080
Stats. Implemented: ORS
				  835.035, ORS
				  835.080 & ORS
				  835.085
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 40 - SEAPLANE OPERATION › Section 738-040-0018 - Waters Closed to Seaplane Operation

Current through Register Vol. 63, No. 7, July 1, 2024
Except in an emergency, seaplanes shall not land, takeoff or
				operate on the following waters:
(1)
			 Any body of water designated as a state or federal Wilderness or Primitive area
			 or Wildlife refuge.
(2) Those
			 waters listed in ORS 830.180 and in State Marine
			 Board rules, OAR Chapter 250, Division 20, where motors are prohibited or that
			 allow electric motors only. These restrictions are summarized and published in
			 the "Oregon Boating Regulations" booklet available from the State Marine
			 Board.
(3) Other bodies of water as
			 designated by special regulations and adopted in OAR Chapter 738, Division
			 40.
(4) Those waters under federal
			 jurisdiction that are closed to seaplane operations by federal
			 regulations.
(5) Privately owned
			 bodies of water without the permission of the owner.
Stat. Auth.: ORS
				  184.619, ORS
				  835.035 & ORS
				  835.080
Stats. Implemented: ORS
				  835.035, ORS
				  835.080 & ORS
				  835.085
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 40 - SEAPLANE OPERATION › Section 738-040-0020 - Interagency Coordination

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 40 - SEAPLANE OPERATION › Section 738-040-0025 - Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
All seaplanes must be equipped as required by the regulations
				of the Federal Aviation Administration specifically for seaplanes that are in
				effect on November 1, 1996.
Stat. Auth.: ORS
				  184.619, ORS
				  835.035 & ORS
				  835.080
Stats. Implemented: ORS
				  835.035, ORS
				  835.080 & ORS
				  835.085
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 40 - SEAPLANE OPERATION › Section 738-040-0030 - Operation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each person
			 operating an aircraft on the waters shall, insofar as possible, keep clear of
			 all vessels and avoid impeding their navigation, and shall give way to any
			 vessel or aircraft that is given the right-of-way by any of the following
			 provisions of this section:
(a) When
			 aircraft, or an aircraft and a vessel, are on crossing courses, the aircraft or
			 vessel to the other's right has the right-of-way;
(b) When aircraft, or an aircraft and a
			 vessel, are approaching head-on or nearly so, each shall alter its course to
			 the right to keep well clear;
(c)
			 Each aircraft or vessel that is being overtaken has the right-of-way, and the
			 one overtaking shall alter course to keep well clear; and
(d) When aircraft, or an aircraft and a
			 vessel, approach so as to involve risk of collision, such aircraft or vessel
			 shall proceed with careful regard to existing circumstances, including the
			 limitations of the respective craft.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 40 - SEAPLANE OPERATION › Section 738-040-0040 - Application for Special Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The governing body of a political
			 subdivision of this state may apply to the State Aviation Board for special
			 regulations relating to the operations of seaplanes on waters within the
			 territorial limits of the political subdivision. These regulations may include,
			 but are not limited to, the establishment of limits on the areas of operations,
			 hours and time of operations and the prohibition of seaplane landings and take
			 offs.
(2) Written application for
			 special regulations shall be made through the Department for review and
			 processing. The application shall clearly state the nature and scope of the
			 existing conflict that requires the restriction of seaplane operations, and the
			 seaplane restrictions requested. A description of the use patterns, existing
			 boating regulations and history of the body of water shall be included as part
			 of the application.
(3) Within a
			 reasonable time after receiving such application, the Department Director will
			 investigate and analyze the proposal for the appropriateness and effectiveness
			 of the proposed regulations. In evaluating the request, the Department may
			 conduct an inspection of the site to document its physical attributes, and to
			 collect other pertinent data. The Director will consider the following aspects
			 (among others) of the proposal in arriving at a finding:
(a) The general suitability and safety of the
			 body of water for seaplane use, such as the physical layout and dimensions of
			 the body of water, surrounding obstructions and hazards;
(b) The traditional uses of the water in
			 question; and
(c) The nature and
			 volume of others uses and seasonal use patterns.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 50 - AURORA STATE AIRPORT AIRCRAFT OPERATION REGULATIONS › Section 738-050-0010 - Taxiing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Aircraft shall
			 be taxied at a safe and reasonable speed.
(2) Before entering onto any runway or
			 turning for take-off, operators shall ascertain that their right-of-way is
			 unimpaired and there is no conflicting traffic.
(3) For the purpose of engine runup, taxiing
			 aircraft shall be stopped at the standard hold line marked by solid/broken
			 yellow hold lines. No aircraft shall be moved onto the runway until clear and
			 ready for take-off. (See
Figure 1
)
The Figure referenced in the above rule is not printed in the
				  Administrative Rules Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS 184, ORS 835 & ORS 836
Stats. Implemented: ORS
				  836.095 & ORS
				  836.505
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 50 - AURORA STATE AIRPORT AIRCRAFT OPERATION REGULATIONS › Section 738-050-0020 - Landing and Take-Off

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Fixed-wing traffic shall land and depart from paved runway surfaces
			 only.
(2) Landings and take-offs
			 shall normally be made on the runway most nearly aligned with the wind
			 indicator. If wind is calm, runway 17 is designated as the preferred
			 runway.
(3) Mid-point intersection
			 take-offs are prohibited. Aircraft shall not enter the runway at any point
			 other than the end.
(4) After
			 landing, all aircraft shall clear the runway as soon as practical with no 180
			 degree turns permitted on the runway.
(5) Landings and/or take-offs from opposite
			 ends of the runway at the same time are prohibited.
(6) Side-by-side or formation take-offs shall
			 be considered as a special event and shall require prior approval by the
			 Director of the Oregon Department of Aviation (Department) on a case-by-case
			 basis.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 50 - AURORA STATE AIRPORT AIRCRAFT OPERATION REGULATIONS › Section 738-050-0030 - Airport Traffic Patterns

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pilots shall fly the traffic pattern designated for this airport. Agricultural
			 applicator aircraft may deviate from the traffic pattern only in accordance
			 with
FAR 137.45, dated November 1974
, as amended, provided such
			 deviation does not conflict with any other traffic operating at the
			 airport.
(2) The standard traffic
			 pattern for fixed-wing aircraft at this airport is:
(a) A standard left-hand rectangular pattern
			 as depicted in
Figure 2
;
(b) A standard altitude of 1,000 feet above
			 ground level on entry and downwind legs;
(c) Maintain pattern altitude until abeam
			 approach end of the landing runway, on downwind leg;
(d) Complete turn to final approach at least
			 1/4 mile from the approach end of the runway;
(e) On take-off, continue straight ahead
			 until beyond departure end of runway:
(A) If
			 remaining in the traffic pattern, commence turn to crosswind leg beyond the
			 departure end of the runway, within 300 feet of the pattern altitude (900 feet
			 MSL);
(B) If departing the traffic
			 pattern, exit with a 45 degree left turn beyond the departure end of the runway
			 after reaching pattern altitude. Straight out departures to the south are
			 permitted.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 50 - AURORA STATE AIRPORT AIRCRAFT OPERATION REGULATIONS › Section 738-050-0040 - Helicopters

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Approaches and
			 departures shall not exceed 700' MSL.
(2) Land and take-off only in areas
			 designated for helicopter use. Training activities may be conducted on runway
			 using fixed-wing traffic pattern provided that no conflict with fixed-wing
			 traffic is generated.
(3) Avoid
			 hovering near fixed-wing aircraft.
(4) Remain clear of persons, vehicles and
			 buildings so as not to endanger or interfere with persons or
			 property.
Stat. Auth.: ORS 184, ORS 835 & ORS 836
Stats. Implemented: ORS
				  836.095 & ORS
				  836.505
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 50 - AURORA STATE AIRPORT AIRCRAFT OPERATION REGULATIONS › Section 738-050-0050 - Gliders

Current through Register Vol. 63, No. 7, July 1, 2024
Comply with standard traffic pattern when not on
				tow.
Stat. Auth.: ORS 184, ORS 835 & ORS 836
Stats. Implemented: ORS
				  836.095 & ORS
				  836.505
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 50 - AURORA STATE AIRPORT AIRCRAFT OPERATION REGULATIONS › Section 738-050-0060 - Balloons, Parachutists

Current through Register Vol. 63, No. 7, July 1, 2024
Because of normal air traffic density and congestion, balloon
				and parachuting activities generally are prohibited on or above the airport.
				Such operations may be permitted as part of special events, such as Air Fairs
				with prior approval of the Director of the Department.
Stat. Auth.: ORS 184, ORS 835 & ORS 836
Stats. Implemented: ORS
				  836.095 & ORS
				  836.505
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 50 - AURORA STATE AIRPORT AIRCRAFT OPERATION REGULATIONS › Section 738-050-0070 - Ultralight Aircraft

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 ultralight aircraft is any of that class of lightweight aircraft either not
			 currently certificated by the Federal Aviation Administration or, if
			 certificated, having an empty weight of less than 220 pounds; and, not
			 otherwise exempt from registration under the laws of this state.
(2) Until further notice, operation of an
			 ultralight aircraft at Aurora State Airport shall be considered a special event
			 and shall require the prior approval of the Director of the
			 Department.
(3) In determining
			 whether ultralight operations should be allowed at the airport, the Director of
			 the Department will consider, but is not limited to, the following criteria:
(a) Proposed ultralight activities and
			 schedule;
(b) Anticipated
			 traditional air traffic operations;
(c) Weather conditions;
(d) Other special events.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 50 - AURORA STATE AIRPORT AIRCRAFT OPERATION REGULATIONS › Section 738-050-0080 - Agricultural Application

Current through Register Vol. 63, No. 7, July 1, 2024
Such operations, whether performed by fixed-wing aircraft or
				helicopters, shall load and service in those areas of the airport designated
				for that purpose.
Stat. Auth.: ORS 184, ORS 835 & ORS 836
Stats. Implemented: ORS
				  836.095 & ORS
				  836.505