Or. Admin. Code § 738-035-0005

Current through Register Vol. 63, No. 11, November 1, 2024

Section 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 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.

(2) The Department shall require all activities of commercial operators at State-owned airports to comply with the Operating Minimum Standards set forth in OAR 738-035, whether the commercial activity occurs:

(a) On the State-owned portion of the airport;

(b) On portions of the airport held in private ownership; or

(c) Where a private property owner accesses the State-owned land for landing and takeoff of aircraft through an access agreement with the Department.

(3) The specific minimum standards for each State-owned airport are based upon the airport category as set forth in the Oregon Aviation Plan, as well as unique conditions at the individual State-owned airport, including:

(a) Existing and planned facilities at the airport, and

(b) The current and anticipated future role of the airport in the State aviation system.

(4) Operating minimum standards provide threshold entry requirements for any person or entity proposing to enter into an agreement with the Department to provide public commercial aeronautical services to the public at a State-owned airport to ensure that services and facilities of service providers meet the needs of airport users.

(5) Operators are encouraged to exceed these minimum operating standards whenever possible.

(6) Each commercial operator shall agree to offer the specified minimum level of services to obtain an agreement with the Department granting permission to operate at the State-owned airport.

Or. Admin. Code § 738-035-0005

AVIA 1-2003, f. 2-24-03, cert. ef. 3-1-03

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