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

Universal Citation: OR Admin Rules 738-035-0045

Current through Register Vol. 63, No. 9, September 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.

(2) The following additional requirements shall apply to FBOs operating at Category II airports. Each FBO shall provide:

(a) Fuel storage tanks with a minimum capacity of eight thousand (8,000) gallons each.

(b) Mobile or stationary dispensing equipment.

(c) One (1) or more personnel to serve the fuel demand at the airport.

(d) Aircraft line services, including necessary equipment, supplies and trained personnel for aircraft parking and tie down areas.

(e) The following services and concessions inside their main building, unless otherwise approved by the Department:
(A) Customer service counter stocked with basic pilots supplies;

(B) Public lounge and waiting area;

(C) Flight planning work area, with Flight Service Station and weather service communication links;

(D) Public telephones;

(E) Snack food and beverage machines;

(F) Local ground transportation contacts; and

(G) Public indoor restrooms.

(3) The following additional requirements shall apply to FBOs operating on Category III or IV airports. The FBO shall provide:

(a) Fuel storage tanks with a minimum capacity of eight thousand (8,000) gallons each.

(b) Mobile or stationary dispensing equipment.

(c) One (1) or more personnel to serve the fuel demand at the airport.

(d) Aircraft line services, including necessary equipment, supplies and trained personnel for aircraft, parking and tie down areas.

(e) The following services and concessions inside their main building, unless otherwise approved by the Department:
(A) Customer service counter;

(B) Public lounge and waiting area;

(C) Public indoor restrooms;

(D) Public telephones; and

(E) Local ground transportation contacts.

(4) The following requirements shall apply only to FBOs operating on Category V airports. The FBO shall provide:

(a) Fuel storage tanks with a minimum capacity of five hundred (500) gallons each.

(b) Mobile or stationary dispensing equipment.

(c) The FBO is not required to provide aircraft line services.

(d) Although the FBO is not required to lease or construct a building at a State-owned airport, they may choose to do so. In that event, the FBO may provide services and concessions similar to (3)(E) above.

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

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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