reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 50 - AURORA STATE AIRPORT AIRCRAFT OPERATION REGULATIONS › Section 738-050-0090 - Miscellaneous

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Motor vehicles
			 shall not be operated on the runway or parallel taxiway without specific prior
			 authorization by the Director of the Department.
(2) All users of the airport are requested to
			 report any observed act by any person which is considered to be unsafe or a
			 violation of these rules.
(3) All
			 lessees at the airport having contracts with the Department for commercial
			 operations (Fixed Base Operators) shall develop procedures for dealing with
			 emergency situations involving aircraft.
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 60 - AIRCRAFT DEALER'S LICENSE › Section 738-060-0020 - General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
All dealers in new or used aircraft shall apply to the Oregon
				Department of Aviation for an Aircraft Dealer's License pursuant to ORS
				837.075(1):
(1) Upon receipt of a completed application
			 accompanied by the statutorily required fee, the Department shall issue an
			 Aircraft Dealer's License to the applicant.
(2) The license shall be for a calendar year
			 or any portion thereof and shall expire on December 31. There shall be no
			 proration of the fee for a partial period.
(3) Applicants for Aircraft Dealer License in
			 Oregon shall have a valid FAA Dealer Aircraft Registration Certificate.
(a) ODAV will deny an application for
			 Aircraft Dealer License without proof of a valid and current FAA Dealer
			 Aircraft Registration Certificate.
(b) ODAV will cancel an Aircraft Dealer
			 License at any time the licensee no longer holds an FAA Dealer Aircraft
			 Registration Certificate.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 60 - AIRCRAFT DEALER'S LICENSE › Section 738-060-0030 - Application and Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The license
			 renewal application is due and the fee is payable on January 1 of each year:
(a) Either the application and fee for an
			 aircraft dealer's license or an individual registration application for each
			 aircraft in possession of an aircraft dealer, and kept solely for sale, must be
			 received by the Department prior to March 1 of each year. Failure to submit the
			 application and fee for a dealer's license or to submit an individual
			 application and fee for each aircraft prior to March 1 shall result in each
			 aircraft in possession of the dealer and not registered prior to March 1,
			 becoming subject to both the registration fee and a penalty equal to the
			 registration fee. Both the registration fee and any penalty must be received by
			 the Department before the aircraft can be registered. Failure to register an
			 aircraft subjects the owner to the penalty cited in ORS
			 837.990(3);
(b) A person, business or corporate entity
			 who becomes an aircraft dealer on or after March 1 of any year shall forward an
			 application and fee for an Aircraft Dealer's License within 60 days of becoming
			 an aircraft dealer, but in no instance may there be a sale of an aircraft
			 before obtaining any Aircraft Dealer's License.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 60 - AIRCRAFT DEALER'S LICENSE › Section 738-060-0040 - Licensing Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
Processing of application by the Department:
(1) The aircraft dealer shall be considered
			 licensed as soon as the completed application and fee has been accepted by the
			 Department.
(2) The license shall
			 be sent to the aircraft dealer as soon as possible after acceptance of the
			 application.
(3) The license covers
			 only aircraft held for sale by the dealer. These aircraft cannot be used
			 commercially, but may only be flown to demonstrate the aircraft on a
			 non-commercial basis. Any aircraft owned by the dealer and used commercially
			 (i.e. instruction, rental or charter) must be individually registered with the
			 Department.
Statutory/Other Authority: ORS 184, 835 & 837
Statutes/Other Implemented: ORS
				  837.075
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 60 - AIRCRAFT DEALER'S LICENSE › Section 738-060-0050 - Dealer Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Dealer must submit a quarterly report to the Department giving the changes to
			 those aircraft covered by the license and adding new aircraft if appropriate.
			 Reports are due by the 15th of the month following the calendar quarter.
			 Quarterly reports shall be submitted by the following due dates: Quarter 1
			 (January-March) due April 15, Quarter 2 (April-June) due July 15, Quarter 3
			 (July-September) due October 15, and Quarter 4 (October-December) due January
			 15. This report shall include:
(a) N number
			 and type of aircraft sold the previous month including the name, address and
			 telephone number of the buyer;
(b)
			 N number and type of aircraft withdrawn from the license for reasons other than
			 sale, and including the reason for withdrawal;
(c) N number and type of aircraft added to
			 coverage of license, including name and address of last owner.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 60 - AIRCRAFT DEALER'S LICENSE › Section 738-060-0060 - Individual Registration

Current through Register Vol. 63, No. 7, July 1, 2024
Nothing in this rule or in ORS
				837.075 prohibits the
				registering of a dealer's aircraft individually under ORS
				837.040.
Stat. Auth.: ORS 184, ORS 835 & ORS 837
Stats. Implemented: ORS
				  837.075
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 60 - AIRCRAFT DEALER'S LICENSE › Section 738-060-0070 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Violations of ORS
				837.075 or this rule are subject
				to the penalties established under ORS
				837.100 and
				837.990.
Stat. Auth.: ORS 184, ORS 835 & ORS 837
Stats. Implemented: ORS
				  837.990
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0010 - General Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Senate
			 Bill 47, passed by the 1981 Legislature, became law on November 1, 1981, as
			 Chapter 553, Oregon Laws 1981 and codified as ORS
			 836.530. This authorizes the
			 Director of the Department to adopt rules defining physical hazards to air
			 navigation within Oregon and determine whether specific types or classes of
			 objects or structures constitute hazards. It further authorizes the
			 establishment of standards for lighting or marking objects or structures that
			 constitute hazards to air navigation in this state.
(2) In accordance with these rules, the
			 Director shall:
(a) Determine whether
			 specific objects or structures constitute a hazard to air navigation;
(b) Issue orders to require that specific
			 objects or structures determined to be hazards to air navigation be marked or
			 lighted;
(c) Determine
			 responsibility for installation and maintenance of lighting or marking of
			 specific objects or structures that constitute hazards to air
			 navigation.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0020 - Scope of Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Establishes and
			 adopts standards for determining obstructions in navigable airspace.
(2) Sets forth the requirements for notice to
			 the Director of certain proposed construction or alteration.
(3) Provides for aeronautical studies of
			 obstructions to air navigation, to determine their effect on the safe and
			 efficient use of airspace.
(4)
			 Provides for public hearings on the hazardous effect of proposed construction
			 or alteration on air navigation.
(5) Establishes standards for determining
			 requirements for marking and lighting of obstructions to navigable
			 airspace.
(6) Establishes standard
			 methods of marking and lighting obstructions to navigable airspace.
(7) Establishes standards for determining
			 responsibility for installation and maintenance of marking or lighting specific
			 objects or structures that constitute hazards to air navigation.
(8) Sets forth penalties for failure to
			 comply with an order issued under this rule.
Stat. Auth.: ORS 184, ORS 835 & ORS 836
Stats. Implemented: ORS
				  836.530
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0040 - Standards

Current through Register Vol. 63, No. 7, July 1, 2024
The standards established in this rule for determining
				obstructions to air navigation are used by the Director in:
(1) Imposing requirements for notice of the
			 construction or alteration of any structure when such structure can pose a
			 hazard to air navigation in Oregon.
(2) Determining if specific objects or
			 structures constitute a hazard to air navigation.
(3) Determining the need to light and/or mark
			 objects or structures that may derogate safety to air navigation.
(4) Determining responsibility for
			 installation of lighting and/or marking of appropriate objects and
			 structures.
Stat. Auth.: ORS 184, ORS 835 & ORS 836
Stats. Implemented: ORS
				  836.530
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0050 - Kind of Objects Affected

Current through Register Vol. 63, No. 7, July 1, 2024
This rule applies to:
(1) Any object of natural growth, terrain, or
			 permanent or temporary construction or alteration, including equipment or
			 materials used therein, and apparatus of a permanent or temporary character;
			 and
(2) Alteration of any permanent
			 or temporary existing structure by a change in its height (including
			 appurtenances), or lateral dimensions, including equipment or materials used
			 therein, and apparatus of a permanent or temporary character.
Stat. Auth.: ORS 184, ORS 835 & ORS 836
Stats. Implemented: ORS
				  836.530
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0060 - Notice of Construction or Alteration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule requires each person proposing
			 any kind of construction or alteration described in OAR
			 738-070-0070 to give adequate
			 notice to the Director. It specifies the locations and dimensions of the
			 construction or alteration for which notice is required and prescribes the form
			 and manner of the notice. It also requires supplemental notices 48 hours before
			 the start and upon the completion of certain construction or alteration that
			 was the subject of a notice under OAR
			 738-070-0070.
(2) Notices received under this rule provide
			 a basis for:
(a) Evaluating the effect of the
			 construction or alteration on operational procedures and proposed operational
			 procedures;
(b) Determinations of
			 the possible hazardous effect of the proposed construction or alteration on air
			 navigation;
(c) Determinations for
			 identifying the construction or alteration to be marked or lighted in
			 accordance with the Federal Aviation Administration Advisory Circular AC
			 70/7460-1F entitled Obstruction Marking and Lighting and dated September 27,
			 1978;
(d) Determining other
			 appropriate measures to be applied for continued safety of air navigation;
			 and
(e) Notification to pilots of
			 the construction or alteration.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0070 - Construction or Alteration Requiring Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each proponent of any of the following
			 construction or alteration shall notify the Director in the form and manner
			 prescribed in OAR 738-070-0080.
(a) Any construction or alteration of more
			 than 200 feet in height above the ground level at its site;
(b) Any construction or alteration of greater
			 height than an imaginary surface extending outward and upward at one of the
			 following slopes:
(A) 100 to 1 for a
			 horizontal distance of 20,000 feet from the nearest point of the nearest runway
			 of each airport specified in subsection (e) of this section with at least one
			 runway more than 3,200 feet in actual length, excluding heliports;
(B) 50 to 1 for a horizontal distance of
			 10,000 feet from the nearest point of the nearest runway of each airport
			 specified in subsection (e) of this section with its longest runway no more
			 than 3,200 feet in actual length, excluding heliports;
(C) 25 to 1 for a horizontal distance of
			 5,000 feet from the nearest point of the nearest landing and take-off area of
			 each heliport specified in subsection (e) of this section.
(c) Any highway, railroad, or other traverse
			 way for mobile objects if of greater height than the standards of subsection
			 (a) or (b) of this section after their height has been adjusted upward by one
			 of the following:
(A) 17 feet for an
			 interstate highway that is part of the National System of Military and
			 Interstate Highways;
(B) 15 feet
			 for any other public roadway;
(C)
			 10 feet or the height of the highest mobile object that would normally traverse
			 the road, whichever is greater, for a private road;
(D) 23 feet for a railroad;
(E) For a waterway or any other traverse way,
			 an amount equal to the height of the highest mobile object that would normally
			 use it.
(d) When
			 requested by the Department, any construction or alteration that would be in an
			 instrument approach area (defined in the FAA standards governing instrument
			 approach procedures) and available information indicates it might exceed a
			 standard of OAR 738-070-0100;
(e) Any construction or alteration on any of
			 the following airports (including heliports):
(A) An airport that is available for public
			 use and is listed in the airport directory of the current
Airman's
			 Information Manual
or in the
Oregon Aviation System
			 Plan
;
(B) An airport under
			 construction, that is the subject of a notice or proposal on file with the
			 Federal Aviation Administration, or the Department, when it is clearly
			 indicated that that airport will be available for public use.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0080 - Form and Time of Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 person who is required to notify the Director under OAR
			 738-070-0060 shall send one
			 executed form set (four copies) of FAA Form 7460-1, Notice of Proposed
			 Construction or Alteration, to the Oregon Department of Aviation. Copies of FAA
			 Form 7460-1 may be obtained from the headquarters of the FAA and its regional
			 offices or the Department.
(2) The
			 notice required under OAR
			 738-070-0060 must be submitted
			 at least 30 days before the earlier of the following dates:
(a) The date the proposed construction or
			 alteration is to begin;
(b) The
			 date an application for a construction permit is to be filed.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0090 - Acknowledgment of Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within
			 20 working days, the Department will acknowledge receipt in writing of each
			 notice submitted under OAR
			 738-070-0070.
(2) If the construction or alteration
			 proposed in a notice is one for which lighting or marking standards are
			 prescribed in the FAA Advisory Circular AC 70/7460-1F entitled
Obstruction Marking and Lighting
, dated September 27, 1978, the
			 acknowledgment will contain a statement to that effect and information on how
			 the structure should be marked and lighted in accordance with the Advisory
			 Circular.
(3) The acknowledgment
			 will state that an initial or preliminary aeronautical study of the proposed
			 construction or alteration has resulted in a determination that the
			 construction or alteration:
(a) Would not
			 exceed any standard of OAR
			 738-070-0100 and would not be a
			 hazard to air navigation;
(b) Would
			 exceed a standard of OAR 738-70-100 but would not be a hazard to air
			 navigation; or
(c) Would exceed a
			 standard of OAR 738-070-0100 and further
			 aeronautical study is necessary to determine whether it would be a hazard to
			 air navigation, that the sponsor may request in writing within 30 days such
			 further study, and that, pending completion of any further study, it is
			 presumed the construction or alteration would be a hazard to air
			 navigation.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0100 - Obstruction Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule establishes standards for determining obstructions to air navigation. It
			 applies to existing and proposed manmade objects, objects of natural growth and
			 terrain. The standards apply to the use of navigable airspace by aircraft and
			 to existing air navigation facilities, such as an air navigation aid, airport,
			 federal airway, instrument approach or departure procedure, or approved
			 off-airway route. Additionally, they apply to a planned facility or use, or a
			 change in an existing facility or use, if a proposal therefor is on file with
			 the Federal Aviation Administration or the Oregon Department of
			 Aviation.
(2) At those airports
			 having defined runways with specially prepared hard surfaces, the primary
			 surface for each such runway extends 200 feet beyond each end of the runway. At
			 those airports having defined strips or pathways that are used regularly for
			 the taking-off and landing of aircraft and have been designated by appropriate
			 authority as runways, but do not have specially prepared hard surfaces, each
			 end of the primary surface for each such runway shall coincide with the
			 corresponding end of the runway. At those airports, excluding seaplane bases,
			 having a defined landing and take-off area with no defined pathways for the
			 landing and taking-off of aircraft, a determination shall be made as to which
			 portions of the landing and take-off area are regularly used as landing and
			 takeoff pathways. Those pathways so determined shall be considered runways and
			 an appropriate primary surface as defined in OAR
			 738-070-0120 will be considered
			 as being longitudinally centered on each runway so determined, and each end of
			 that primary surface shall coincide with the corresponding end of that
			 runway.
(3) The standards in this
			 rule apply to the effect of construction or alteration proposals upon an
			 airport if, at the time of filing of the notice required by OAR
			 738-070-0060, that airport is:
(a) Available for public use and is listed in
			 the current Federal Airport Directory or included in the State System as shown
			 in the Oregon Aviation System Plan; or
(b) A planned or proposed airport or an
			 airport under construction that is the subject of a notice or proposal on file
			 with the Federal Aviation Administration, and it is clearly indicated that that
			 airport will be available for public use.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0110 - Standards for Determining Obstructions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An existing object, including a mobile
			 object, is, and a future object would be, an obstruction to air navigation if
			 it is of greater height than any of the following heights or surfaces:
(a) A height of 500 feet above ground level
			 at the site of the object;
(b) A
			 height that is 200 feet above ground level or above the established airport
			 elevation, whichever is higher, within three nautical miles of the established
			 reference point of an airport, excluding heliports, with its longest runway
			 more than 3,200 feet in actual length, and that height increases in the
			 proportion of 100 feet for each additional nautical mile of distance from the
			 airport up to a maximum of 500 feet;
(c) A height within a terminal obstacle
			 clearance area, including an initial approach segment, a departure area, and a
			 circling approach area, which would result in the vertical distance between any
			 point on the object and an established minimum instrument flight altitude
			 within that area or segment to be less than the required obstacle
			 clearance;
(d) A height within an
			 enroute obstacle clearance area, including turn and termination areas, of a
			 federal airway or approved off-airway route, that would increase the minimum
			 obstacle clearance altitude;
(e)
			 The surface of a take-off and landing area of an airport or any imaginary
			 surface established under OAR
			 738-070-0120 or
			 738-070-0130. However, no part
			 of the take-off or landing area itself will be considered an
			 obstruction.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0120 - Civilian Airport Imaginary Surfaces

Current through Register Vol. 63, No. 7, July 1, 2024
The following civil airport imaginary surfaces are established
				with relation to the airport and to each runway. The size of each such
				imaginary surface is based on the category of each runway according to the type
				of approach available or planned for that runway. The slope and dimensions of
				the approach surface applied to each end of a runway are determined by the most
				precise approach existing or planned for that runway end:
(1) Horizontal surface:
(a) A horizontal plane 150 feet above the
			 established airport elevation, the perimeter of which is constructed by
			 swinging arcs of specified radii from the center of each end of the primary
			 surface of each runway of each airport and connecting the adjacent arcs by
			 lines tangent to those arcs. The radius of each arc is:
(A) 5,000 feet for all runways designated as
			 utility or visual;
(B) 10,000 feet
			 for all other runways.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0130 - Airport Imaginary Surfaces for Heliports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Heliport primary surface: The area of the
			 primary surface coincides in size and shape with the designated take-off and
			 landing area of a heliport. This surface is a horizontal plane at the elevation
			 of the established heliport elevation.
(2) Heliport approach surface: The approach
			 surface begins at each end of the heliport primary surface with the same width
			 as the primary surface, and extends outward and upward for a horizontal
			 distance of 4,000 feet where its width is 500 feet. The slope of the approach
			 surface is 8 to 1 for civil heliports and 10 to 1 for military
			 heliports.
(3) Heliport
			 transitional surfaces: These surfaces extend outward and upward from the
			 lateral boundaries of the heliport primary surface and from the approach
			 surfaces at a slope of 2 to 1 for a distance of 250 feet measured horizontally
			 from the centerline of the primary and approach surfaces.
Stat. Auth.: ORS 184, ORS 835 & ORS 836
Stats. Implemented: ORS
				  836.530
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0140 - Effect of Proposed Construction on Navigable Airspace

Current through Register Vol. 63, No. 7, July 1, 2024
Scope:
(1) This rule
			 applies to the conduct of aeronautical studies of the effect of proposed
			 construction or alteration on the use of air navigation facilities or navigable
			 airspace by aircraft. In the aeronautical studies, present and future IFR and
			 VFR aeronautical operations and procedures are reviewed and any possible
			 changes in those operations and procedures and in the construction proposal
			 that would eliminate or alleviate the conflicting demands are
			 ascertained.
(2) The conclusion of
			 a study made under this rule is normally a determination as to whether the
			 specific proposal studied would be a hazard to air navigation.
Stat. Auth.: ORS 184, ORS 835 & ORS 836
Stats. Implemented: ORS
				  836.530
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0150 - Initiation of Studies

Current through Register Vol. 63, No. 7, July 1, 2024
An aeronautical study is conducted by the Department:
(1) Upon the request of the sponsor or
			 representative of any construction or alteration, unless that construction or
			 alteration would be located within an antenna farm area as discussed in OAR
			 738-070-0190 and
			 738-070-0200; or
(2) Whenever the Department determines it
			 appropriate.
Statutory/Other Authority: ORS 835 & 836
Statutes/Other Implemented: ORS
				  836.530
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0160 - Aeronautical Studies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may conduct an aeronautical study of the effect of the proposal upon
			 the operation of air navigation facilities and the safe and efficient
			 utilization of the navigable airspace. This study may include the physical and
			 electromagnetic radiation effect the proposal may have on the operation of an
			 air navigation facility.
(2) To the
			 extent considered necessary, the Department may take any or all of the
			 following actions:
(a) Solicit comments from
			 all interested persons;
(b) Explore
			 objections to the proposal and attempt to develop recommendations for
			 adjustment of aviation requirements that would accommodate the proposed
			 construction or alteration;
(c)
			 Examine possible revisions of the proposal that would eliminate the exceeding
			 of the standards in OAR
			 738-070-0100; and
(d) Convene a meeting with all interested
			 persons for the purpose of gathering all facts relevant to the effect of the
			 proposed construction or alteration on the safe and efficient utilization of
			 the navigable airspace.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0170 - Administrative Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 proponent of a construction or alteration or any person who stated a
			 substantial aeronautical objection to it in an aeronautical study, or any
			 person who has a substantial aeronautical objection to it but was not given an
			 opportunity to state it, may petition the Director, within 30 days after
			 issuance of the determination under OAR
			 738-070-0090 or
			 738-070-0160 or revision or
			 extension of the determination under OAR
			 738-070-0180, for a review of
			 the determination, revision, or extension. This section does not apply to any
			 acknowledgment issued under OAR
			 738-070-0090(3)(a)
			 that does not exceed standards and does not constitute a hazard.
(2) The petition must be in triplicate and
			 contain a full statement of the basis upon which it is made.
(3) Except under section (4) of this rule the
			 Director will examine each petition and decide whether a review will be made
			 and, if so, whether it will be:
(a) A review
			 on the basis of written materials, including a study of a report by the
			 Department of the aeronautical study, briefs, and related submissions by any
			 interested party, and other relevant facts. Following such review, the Director
			 may affirm, revise, or reverse the determination issued under the provisions of
			 this rule;
(b) A review on the
			 basis of a hearing, conducted in accordance with the procedures prescribed in
			 the Administrative Procedures Act for contested cases.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0180 - Effective Period of Determination of No Hazard

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless it is otherwise extended, revised,
			 or terminated, each final determination of no hazard made under OAR
			 738-070-0060,
			 738-070-0140 or
			 738-070-0170 expires 18 months
			 after its effective date, regardless of whether the proposed construction or
			 alteration has been started, or on the date the proposed construction or
			 alteration is abandoned, whichever is earlier.
(2) In any case, including a determination to
			 which section (4) of this rule applies, where the proposed construction or
			 alteration has not been started during the applicable period by actual
			 structural work, such as the laying of a foundation, but not including
			 excavation, any interested person may, at least 15 days before the date the
			 final determination expires, petition the Director to:
(a) Revise the determination based on new
			 facts that change the basis on which it was made; or
(b) Extend its effective period.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0190 - Establishment of Antenna Farm Areas

Current through Register Vol. 63, No. 7, July 1, 2024
Scope:
(1) This
			 section establishes antenna farm areas in which antenna structures may be
			 grouped to localize their effect on the use of navigable airspace.
(2) It is the policy of the FAA and the
			 Department to encourage the use of antenna farms and the single
			 structure-multiple antenna concept for radio and television towers whenever
			 possible. In considering proposals for establishing antenna farm areas, both
			 agencies consider, as far as possible, the revision of aeronautical procedures
			 and operations to accommodate antenna structures that will fulfill broadcasting
			 requirements.
Stat. Auth.: ORS 184, ORS 835 & ORS 836
Stats. Implemented: ORS
				  836.530
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0200 - General Provisions of Antenna Farm Area

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An antenna farm area consists of a
			 specified geographical location with established dimensions of area and height,
			 where antenna towers with a common impact on aviation may be grouped.
(2) Each proposal for an antenna farm area is
			 evaluated on the basis of its effect on the use of navigable airspace. The
			 views of the Federal Communications Commission are requested on the effect that
			 each establishment of an antenna farm area would have on its statutory
			 responsibilities. Any views submitted by it are fully considered before the
			 antenna farm concerned is established. If the Commission advises that the
			 establishment of any proposed antenna farm area would interfere with its
			 statutory responsibility, the proposed area is not established.
(3) The establishment of an antenna farm area
			 is considered whenever it is proposed by:
(a)
			 The FAA and/or the Department;
(b)
			 The Federal Communications Commission;
(c) The sponsor of a proposed antenna tower;
			 or
(d) Any other person having a
			 substantial interest in a proposed antenna tower.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0210 - Marking and Lighting of Obstructions to Air Navigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Certain objects and structures must be
			 marked and/or lighted to make them more visible to pilots. ORS
			 836.530 states that the Director
			 may adopt rules establishing standards for marking or lighting objects and
			 structures that constitute hazards to air navigation.
(2) In accordance with the rules adopted
			 under ORS 836.530, the Director shall:
(a) Issue orders to require that specific
			 objects or structures determined to be hazards to air navigation be marked or
			 lighted in accordance with the rules adopted;
(b) Determine responsibility for installation
			 and maintenance of lighting or marking specific objects or structures that
			 constitute hazards to air navigation.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0220 - Standards for Marking and Lighting of Obstructions to Air Navigation

Current through Register Vol. 63, No. 7, July 1, 2024
Federal Aviation Administration Advisory Circular 70/7460-1F
				entitled,
Obstruction Marking and Lighting
, and dated September
				27, 1978, shall be the standard for marking and lighting objects and structures
				that constitute hazards to air navigation. By reference that advisory circular
				is made a part of this rule.
Publications: Publications referenced in this rule are
				  available from the agency.
Stat. Auth.: ORS 184, ORS 835 & ORS 836
Stats. Implemented: ORS
				  836.530
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0230 - Objects and Structures to Be Marked and Lighted

Current through Register Vol. 63, No. 7, July 1, 2024
When the Director has determined that an object or structure is
				a hazard to air navigation, he shall also determine whether such hazard shall
				be marked and lighted and shall specify the appropriate marking and lighting in
				accordance with the standards included in this rule. After this determination
				has been made, the Director shall issue an order specifying who shall be
				responsible for the installation and maintenance of the marking and lighting of
				the object or structure and specifying the type and quantity of marking and
				lighting:
(1) The Director may agree
			 with the recommendations for marking and lighting contained in an FAA airspace
			 determination for a specific object or structure or he may make a separate and
			 different determination for marking and lighting of that object or structure
			 based on his expertise and his knowledge of the situation.
(2) The type and quantity of marking and
			 lighting for an object or structure shall be determined by the following
			 characteristics of the object:
(a)
			 Location;
(b) Size or
			 height;
(c) Shape;
(d) Type (i.e. chimney, pole, tower, bridge,
			 transmission lines, etc.);
(e)
			 Permanence (temporary obstructions shall be marked and lighted when
			 appropriate).
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0240 - Determination of Responsibility for Installation and Maintenance of Marking and Lighting Objects and Structures that Constitute Hazards to Air Navigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 proponent of an object or structure that is determined to constitute a hazard
			 to air navigation normally shall be responsible, including paying for all
			 costs, for installation and maintenance of the prescribed marking and
			 lighting.
(2) Under certain
			 conditions, parties other than the proponent may be determined to be
			 responsible for the installation and maintenance of marking and lighting, such
			 as:
(a) After construction of an object or
			 structure, conditions, beyond the control of the owner of the object or
			 structure, change which in turn makes the object or structure a hazard to air
			 navigation (i.e. approval of an airport site and subsequent construction of an
			 airport and an object or structure becomes a hazard by virtue of its proximity
			 to the new airport);
(b) Marking
			 and lighting of an object or structure is for the benefit of a few rather than
			 for the benefit of the public (i.e., for benefit of a personal use airport
			 rather than for benefit of the public at a public use airport).
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0250 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Failure to comply with the provisions of these rules or failure
				to comply with an order issued under these rules is subject to the penalties
				under ORS 837.100 and
				837.990.
Stat. Auth.: ORS 184, ORS 835 & ORS 836
Stats. Implemented: ORS
				  836.530
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 70 - PHYSICAL HAZARDS TO AIR NAVIGATION › Section 738-070-0260 - Rules of Practice for Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
All reviews and appeals of the Department's decisions under
				these rules will be in accordance with the Model Rules of Procedure applicable
				to contested cases under the Administrative Procedure Act as authorized by ORS
				Chapter 183.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or Department of
				  Aviation.
Stat. Auth.: ORS 183, ORS 184, ORS 835 & ORS 836
Stats. Implemented: ORS
				  836.530
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 80 - AIRCRAFT REGISTRATION › Section 738-080-0010 - Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
To regulate the registration of aircraft and UAS in
				Oregon:
(1) ORS
			 835.035 and ORS
			 835.112 pertaining to rulemaking
			 authority.
(2) ORS
			 835.035 and ORS
			 837.005 pertaining to the
			 general public interest, safety, and the development and promotion of
			 aeronautics.
Statutory/Other Authority: ORS
				  835.035 &
				  835.112
Statutes/Other Implemented: ORS
				  835.035,
				  835.112 &
				  837.015
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 80 - AIRCRAFT REGISTRATION › Section 738-080-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Aircraft"
			 means any contrivance used or designed for navigation of flight in the air.
			 Examples include, but are not limited to, airplane or rotorcraft (helicopter,
			 gyrocopter or autogyro). Aircraft specifically does not mean a one-person
			 motorless glider that is launched from the earth's surface solely by the
			 operator's power.
(2) "Commercial
			 Use" means the conduct of aeronautical activity by means of business,
			 concession, operation, or agency in order to provide goods or services to any
			 person for compensation or hire. An activity for compensation or hire is
			 considered a commercial activity regardless of whether the business is
			 for-profit, nonprofit, charitable, or tax-exempt.
(3) "Department" means the Oregon Department
			 of Aviation (ODA).
(4) "Educational
			 Institution" has the same meaning given that term in ORS
			 837.360(1).
(5) "Manned Aircraft" means an aircraft or
			 spacecraft transporting or operated by direct physical contact from a human or
			 humans.
(6) "Model Aircraft" means
			 an aircraft that is operated purely for recreational or hobby purposes without
			 the possibility of direct human intervention from within or on the
			 aircraft.
(7) "Private Use
			 Aircraft" means aircraft operated by citizens, not operated for profit, and not
			 owned or operated by a public body.
(8) "Public Body" has the same meaning given
			 that term in ORS 837.300(3).
(9) "Public Use Aircraft" means aircraft
			 under control of and in operation by a public body, excluding military or
			 federal government aircraft.
(10)
			 "Recreational Aircraft" means aircraft that is operated purely for recreational
			 or hobby purposes, not operated for profit, and not by a public body.
(11) "Unmanned Aircraft System" (UAS) has the
			 same meaning given that term in ORS
			 837.300(4).
Statutory/Other Authority: ORS
				  835.035 &
				  835.112
Statutes/Other Implemented: ORS
				  835.035,
				  835.112 &
				  837.360
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 80 - AIRCRAFT REGISTRATION › Section 738-080-0020 - Federal Aircraft and UAS

Current through Register Vol. 63, No. 7, July 1, 2024
All Civil Air Patrol aircraft and UAS controlled by the Oregon
				Wing, and used primarily for search and rescue training exercises or missions,
				shall be registered in accordance with applicable state statutes with the
				exception that the annual Oregon aircraft or UAS registration fee will not be
				required. All aircraft and UAS owned and controlled by the United States
				Federal Government are exempt from Oregon aircraft registration.
Statutory/Other Authority: ORS
				  835.035 &
				  835.112
Statutes/Other Implemented: ORS
				  835.035,
				  835.112 &
				  837.005
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 80 - AIRCRAFT REGISTRATION › Section 738-080-0030 - Temporary Exemption from Registration of Manned Aircraft

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Aircraft not physically capable of
			 operation or flight may be temporarily exempt from the requirement of annual
			 registration by the Department. "Not physically capable of operation or flight"
			 means an aircraft is not capable of being operated in forward motion on the
			 ground or in flight and the incapability does not arise from the need for
			 preventive maintenance or repairs to the aircraft such as flat tires, broken
			 windows or other short term maintenance items that are normally required or
			 from the aircraft being grounded because it has not had inspections required by
			 the Federal Aviation Administration.
(2) An aircraft that is under construction,
			 or one that is disassembled waiting reassembly, may be exempt from registration
			 until it is physically capable of operation or flight.
(3) An aircraft owner who believes an
			 aircraft is not physically capable of operation or flight must submit a signed
			 "Request for Temporary Exemption" statement giving the reasons why it should be
			 temporarily exempt from registration. The statement must be received by the
			 Department 30 days before the aircraft registration expiration deadline to
			 allow time for the Director or designee to determine the eligibility for
			 exemption from registration.
(4)
			 The Director or designee shall make the final determination as to which
			 aircraft may be temporarily exempt from registration.
(a) If the exemption is denied, the aircraft
			 owner will be notified. The owner must then submit the appropriate aircraft
			 registration fee to the Department within 30 days of notification that the
			 exemption is denied.
(b) An
			 aircraft owner may request an informal review of the Director or designee's
			 decision after payment of the appropriate registration fee has been submitted.
			 Such review consists of an informal discussion with the Director or designee
			 about the aircraft's status.
(c) A
			 temporary exemption from registration under this rule will be effective for one
			 year from the registration deadline. A new exemption statement must be
			 submitted each year within the time frame specified in paragraph (3) of this
			 rule.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 80 - AIRCRAFT REGISTRATION › Section 738-080-0045 - Public Body Registration of Unmanned Aircraft System (UAS)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before flying any UAS, a public body,
			 other than an educational institution shall register the UAS with the
			 Department.
(a) Prior to registration with
			 the Department, the public body shall register each UAS with the Federal
			 Aviation Administration.
(b) At
			 registration, the public body shall provide:
(A) The name of the public body;
(B) The name and contact information of the
			 individual(s) who operate the UAS on behalf of the public body; and
(C) Year, make, model, serial number, weight
			 class (under 55 pounds/55 pounds or greater), and color of the UAS; and FAA
			 registration number.
(c)
			 The registration fee for each UAS weighing less than 55 pounds is $25. The
			 registration fee for each UAS weighing 55 pounds or more is $50.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 80 - AIRCRAFT REGISTRATION › Section 738-080-0050 - Public Body Reporting on Use of Unmanned Aircraft System (UAS)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A public body
			 (other than an educational institution) which has registered UAS as described
			 in OAR 738-080-0045(1)
			 shall provide an annual written report to the Department which provides the
			 information described in ORS
			 837.360(7)(a).
			 The report must be submitted by January 31 for the preceding calendar
			 year.
(2) An educational
			 institution which has registered as a user of UAS as described in OAR
			 738-080-0045(2)
			 shall maintain written records of the educational institution's use of UAS.
			 Such records shall be retained consistent with the educational institution's
			 public records retention schedule and made available for inspection consistent
			 with Oregon Public Records Law. The records must be prepared annually and
			 include the following information:
(a) The
			 designation of the department(s), division(s), program(s) or unit(s) within the
			 education institution which use(s) UAS;
(b) A summary of the purposes of UAS use in
			 each department, division, program or unit within the education institution
			 which uses UAS;
(c) A summary of
			 the frequency of use of the UAS by each department, division, program or unit
			 within the education institution which uses UAS; and
(d) A brief statement of whether the
			 educational institution uses UAS in coordination with or on behalf of a law
			 enforcement agency.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 90 - AIRPORT LISTINGS › Section 738-090-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division is to carry out the requirements
				of ORS 836.610. This division:
(1) Defines terminology used in the
			 division;
(2) Identifies publicly
			 owned airports registered, licensed or otherwise recognized by the Oregon
			 Department of Aviation on or before December 31, 1994, that in 1994, were the
			 base for three or more aircraft;
(3) Identifies privately owned public-use
			 airports that:
(a) Provide important links in
			 air traffic in this state;
(b)
			 Provide essential safety or emergency services; or
(c) Are of economic importance to the county
			 where the airport is located; and
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 90 - AIRPORT LISTINGS › Section 738-090-0030 - Airport Listings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The list of
			 airports required by ORS
			 836.610(1) is
			 as follows:
(a) Publicly owned airports
			 registered, licensed or otherwise recognized by the Department on or before
			 December 31, 1994, that in 1994 were the base for three or more aircraft, are
			 as follows: [Exhibit 1. See ED. NOTE.]
(b) Privately owned, public use airports that
			 provide important links in air traffic in this state; provide essential safety
			 or emergency services; or are of economic importance to the county where the
			 airport is located, are as follows: [Exhibit 2. See ED. NOTE.]