Oregon Administrative Code

738-020-0035 Approval of Site: Issuance of License (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 ai…

738-020-0040 Revocation of Site Approval or License (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…

738-020-0045 Hearings 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 Chap…

738-025-0001 Purpose of Rule The purpose of this rule is to establish a procedure for permitting nonretail facilities that dispense aviation fuels at airports. Statutory/Other Authority: ORS 835.112 & 480.390 Statutes/Other Implemented: ORS 480.390 History: AVIA 1-2004, f. & cert…

738-025-0010 Permit Process (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 Dep…

738-035-0005 Purpose and Overview (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…

738-035-0010 Application of Operating Minimum Standards (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 operato…

738-035-0015 Authorization for Commercial Activity on State-Owned Airport Property (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 enga…

738-035-0020 Waiver or Modification of Operating Minimum Standards (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 prot…

738-035-0025 Review, Revisions and Amendments to Operating Minimum Standards 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 amend…

738-035-0030 Enforcement 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, provid…

738-035-0035 Commercial Business Employee Conduct at State-Owned Airports (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 commerc…

738-035-0040 Minimum Standards for Fixed Base Operators (FBOs) at State-Owned Airports (1) An FBO is the only commercial operator permitted by the Department to provide fueling services and facilities at any category of State-owned airport. (2) In addition to the mandatory primar…

738-035-0045 Primary FBO Services Required at State-Owned Airports (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 i…

738-035-0050 Secondary FBO Services at State-Owned Airports (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 registr…

738-035-0055 Minimum Standards for Specialized Aviation Service Operations (SASO) at State-Owned Airports (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 jus…

738-035-0060 Minimum Standards for Mobile Service Providers (MSPs) at State-Owned Airports (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 Ra…

738-035-0065 Minimum Standards for Commercial Self-Fueling Services at State-Owned Airports (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 Depar…

738-035-0070 Compliance with Operating Minimum Standards by Through-The-Fence Operators at State-Owned Airports (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 activ…

738-035-0075 Exemption from Operating Minimum Standards for Flying Clubs at State-Owned Airports (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 …

738-040-0010 Purpose and Statutory Authority 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 83…

738-040-0016 General Provisions (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 f…

738-040-0018 Waters Closed to Seaplane Operation 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 83…

738-040-0020 Interagency Coordination (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 t…

738-040-0025 Equipment 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. Statutory/Other Authority: ORS 184.619, 835.035 & 835.080 Statutes/Other Implemented: ORS…

738-040-0030 Operation (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 …

738-040-0040 Application for Special Regulations (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 subdivis…

738-050-0005 Vehicle/Pedestrian Deviations and Civil Penalties (1) The Department and the Board find that the movement by any person, vehicle, or aircraft operated by a non-pilot within the Movement and Safety Area of the airport creates a potential for serious physical harm or d…

738-050-0010 Taxiing (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,…

738-050-0020 Landing and Take-Off (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 r…

738-050-0030 Airport Traffic Patterns (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 …

738-050-0040 Helicopters (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 i…

738-050-0050 Gliders Comply with standard traffic pattern when not on tow. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.095 & 836.505 History: 1AD 1-1982, f. & ef. 4-20-82 1AD 4-1981(Temp), f. & ef. 8-21-81

738-050-0060 Balloons, Parachutists 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 …

738-050-0070 Ultralight Aircraft (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 re…

738-050-0080 Agricultural Application Such operations, whether performed by fixed-wing aircraft or helicopters, shall load and service in those areas of the airport designated for that purpose. Statutory/Other Authority: ORS 184, 835 & 836 Statutes/Other Implemented: ORS 836.095 …

738-050-0090 Miscellaneous (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…

738-060-0020 General Requirements 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 Departm…

738-060-0030 Application and Fee (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 aircra…

738-060-0040 Licensing Procedures 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 po…

738-060-0050 Dealer Responsibilities (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 …

738-060-0060 Individual Registration Nothing in this rule or in ORS 837.075 prohibits the registering of a dealer’s aircraft individually under ORS 837.040. Statutory/Other Authority: ORS 184, 835 & 837 Statutes/Other Implemented: ORS 837.075 History: 1AD 1-1983, f. & ef. 2-14-83…

738-060-0070 Penalties Violations of ORS 837.075 or this rule are subject to the penalties established under ORS 837.100 and 837.990. Statutory/Other Authority: ORS 184, 835 & 837 Statutes/Other Implemented: ORS 837.990 History: 1AD 1-1983, f. & ef. 2-14-83

738-070-0010 General Information (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 naviga…

738-070-0020 Scope of Rule (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 …

738-070-0040 Standards 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 navigatio…

738-070-0050 Kind of Objects Affected 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 a…

738-070-0060 Notice of Construction or Alteration (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…

738-070-0070 Construction or Alteration Requiring Notice (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…

738-070-0080 Form and Time of Notice (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…