Or. Admin. Code § 738-005-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 738-005-0010 - Definitions

Definitions contained in this division apply throughout OAR Chapter 738 to rules governing the Oregon Department of Aviation (Department or ODA).

(1) "Access agreement" is an agreement granted by the Department to a person for the right to access the State-owned airport property for a fee. (Also referred to as ingress/egress agreement or through-the-fence agreement.)

(2) "Aerial applicator" refers to any person engaged in aerial application activities.

(3) "Aeronautical activity" means any activity or service conducted at a State-owned airport that involves, makes possible, or is required for the operation of aircraft, or which contributes to or is required for the safety of such operations. (These activities include but are not limited to: on-demand or air charter operations, aircraft fueling, aircraft storage, flight training, aircraft rental, aircraft sales, aircraft repair and maintenance, aerial photography, aerial field spraying, aerial advertising, aerial surveying, skydiving, sale of aviation petroleum products, and any other activities, which - because of their similar relationship to the operation of aircraft - can appropriately be regarded as an "Aeronautical Activity.")

(4) "Aeronautical use" refers to any activity that involves, makes possible, or is required for the safety or operation of an aircraft.

(5) "Agreement" means the written contract between the Department and an Operator specifying the terms and conditions under which the Operator may conduct aeronautical activities or access the airport operations area through-the-fence.

(6) "Agricultural Airstrip" (Agstrip) refers to an area designated by the user solely for the purpose of providing for temporary or occasional landings and take-offs by aircraft engaged in aerial application of chemicals, fertilizers, or other substances to agricultural or forest lands. Such agstrips shall be exempt from all licensing and registration requirements. Establishment of and responsibility for the restricted landing area rests solely with the user who shall insure compliance with the following:

(a) Use for any aeronautical purpose other than agricultural or forest aerial application is prohibited;

(b) Prior permission from the property owner must be obtained;

(c) The strip must be of sufficient size to accommodate an aircraft whose published manufacturer's specifications state that an aircraft of that type can operate safely from a strip of that dimension;

(d) Safety of persons and property on the ground must be assured;

(e) Conflict with traffic patterns of an existing airport must be avoided or coordinated and resolved; and

(f) If an agstrip is to be established on a public highway or other public grounds, specific permission must be obtained from the authorities in charge thereof, as required by ORS 837.090.

(7) "Air cargo" refers to transport of goods by air and includes freight (including general, heavy and special), express deliveries (documents, parcels and door-to-door), and mail.

(8) "Aircraft" means any contrivance used or designed for navigation of or 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.

(9) "Aircraft Dealer" refers to any person within the State of Oregon who solicits aircraft for sale to the general public or holds a lease to conduct a business that includes aircraft sales or brokering of aircraft as an authorized activity. It should be noted that a person who sells an aircraft owned by that person, whether for personal or company business, is not considered to be an "Aircraft Dealer" provided the aircraft is registered with both the Oregon Department of Aviation and the Federal Aviation Administration in the name of that person.

(10) "Aircraft Fuel" means all flammable liquids composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating an internal combustion, jet, or turbine engine in an aircraft.

(11) "Aircraft Operation" means an aircraft arrival at or departure from the airport.

(12) "Aircraft Owner" means a person holding legal title to an aircraft, or any person having exclusive possession of an aircraft.

(13) "Aircraft Parking and Storage Areas" means those hangar and apron locations of the State-owned airport designated by the ODA Director or State Airports Manager for the parking and storage of aircraft.

(14) "Aircraft Rental" means the commercial operation of renting or leasing aircraft to the public for compensation.

(15) "Aircraft Sales" means the sale of new or used aircraft through brokerage, ownership, franchise, distributorship, or licensed dealership.

(16) "Airframe and Power Plant Maintenance" means the commercial operation of providing airframe and power plant services, which includes the repair, maintenance, inspection, constructing, and making of modifications and alterations to aircraft, aircraft engines, propellers and appliances including the removal of engines for major overhaul. This category of service also includes the sale of aircraft parts and accessories.

(17) "Airpark" means a development or area not located on, but lying adjacent to, and with access to the Airport Operations Area. Said area may include permanent residences, structures, and taxilanes.

(18) "Airport" means any area of land or water, within or without this state, that is used or intended for use for the landing and take-off of aircraft, and includes any appurtenant areas that are used or intended for use for airport buildings, or other airport facilities or rights-of-way, together with all airport buildings and facilities. Generally, the Airport Layout Plan indicates the extent of the area considered to be the "Airport."

(19) "Airport Categories" refer to the five categories of airports as identified in the Oregon Aviation Plan, whose significant functions are as follows: Table not printed, See Ed Note.

(20) "Airport Layout Plan" (ALP) refers to a major product of airport master planning. The ALP is a set of drawings that may include: an airport layout drawing, an obstruction clearance and approach profile drawing, a land use plan drawing, a terminal area drawing (if a terminal exists), a ground access drawing, and a property drawing. All airport development carried out at federally obligated airports must be done in accordance with an FAA-approved ALP. The functional components of an ALP extend from the airport entrance to the airspace around the airport. The master planning process then considers these various components in their entirety. Reciprocally, the ALP seeks to take the data from the master plan as well as other studies and show them in graphic form.

(21) "Airport Manager" means a designated individual or duly authorized individual or individuals appointed by the ODA Director to administer and manage all operations of the State-owned airports and State-owned airport facilities, and to supervise all State-owned airport projects.

(22) "Airport Operations Area" (AOA) means the area of the State-owned airport used for aircraft landing, takeoff, or surface maneuvering including the associated hangars, navigation, and communication facilities.

(23) "Airport Sponsor" means a public agency with control of a publicly-owned airport or the private owner of a privately-owned airport.

(24) "Airworthy condition" means that the aircraft is physically capable of safe operation and flight, that all repairs have been made (such as flat tires, broken windows or other required short-term maintenance items), and that the FAA inspection is current.

(25) "ALP" means Airport Layout Plan.

(26) "AOA" refers to Airport Operations Area.

(27) "Appraisal" is the valuation process conducted by a certified appraiser to estimate the current fair market value or fair market rent of State-owned airport property or facilities for rate setting or adjustment purposes.

(28) "Approach and Departure Zone" is a trapezoidal area at the end of each runway to assure obstruction-free approaches and departures for each runway. The dimensions of an approach-departure zone depend on the category of the airport, as categorized in the Oregon Aviation Plan.

(29) "Approach Surface" means a trapezoidal plane longitudinally centered on the extended runway centerline and extending outward and upward from a point starting 200 feet from each end of the runway. The area below the approach surface must be protected from obstructions. The dimension and slope of these approach surfaces are as follows:

(a) For a visual airport - 250 feet wide expanding to a width of 1,250 feet at a length of 5,000 feet, with a slope of 20:1;

(b) For an instrument airport - 1,000 feet wide expanding to a width of 4,000 feet at a length of 10,000 feet, with a slope of 34:1 for non-precision approach and a slope of 50:1 for precision approach.

(30) "Approved Secondary Activities" include airframe and power plant maintenance, flight training, aircraft rental, avionics maintenance and sales, on-demand operations and aircraft storage/hangars.

(31) "Avionics" refers to the development and production of electrical and electronic devices for use in aviation, missilery and astronautics, as well as the devices and systems so developed.

(32) "Avionics Sales and Maintenance" means the commercial operation of providing for the repair and maintenance of aircraft radios, instruments and accessories. Such operation may include the sale of new or used aircraft radios, instruments and accessories.

(33) "Base Term" is the specified initial term of a lease, excluding any specified renewal options.

(34) "Based Aircraft" means an aircraft that the owner physically locates at the airport for an undetermined period and, whenever absent from the airport, the owner intends to return the aircraft to that same airport for long-term storage. A based aircraft is required to be registered with the Department in accordance with ORS 836.040.

(35) "Board" refers to the State Aviation Board.

(36) "Boat" means every description of watercraft, including a seaplane on the water and not in flight, used or capable of being used as a means of transportation on the water, but does not include boathouses, floating homes, air mattresses, beach and water toys or single inner tubes.

(37) "Building Restriction Line" is a designated, but not necessarily marked, boundary that provides lateral clearance between the landing strip and buildings or other permanent structures.

(38) "Business or High Activity General Aviation Airport" means an airport with 30,000 or more annual operations, of which (a) a minimum of 500 are business related (turbine) aircraft and (b) whose significant function is to accommodate corporate aviation activity, including business jets, helicopters, and other general aviation activities. Includes heliports that accommodate predominantly turbine-powered aircraft. (See also Airport Categories, Category II.)

(39) "Caretaker" means a person providing services under written agreement with the Department to oversee, inspect, and maintain specific airport facilities and operations.

(40) "Commercial Aeronautical Activity" 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.

(41) "Commercial Operator" means a person, firm, corporation, or other entity conducting commercial aeronautical activities for compensation or hire.

(42) "Commercial Self-Service Fueling" means fueling of an aircraft by the pilot using commercial fuel pumps installed for that purpose. The fueling facility may or may not be attended by the vendor, which may be a fixed base operator of an airport sponsor/operator that is exercising its right to sell fuel.

(43) "Commercial Service Airport" means an airport with scheduled major/national or regional/commuter commercial air carrier service. (See also Airport Categories, Category I.)

(44) "Community General Aviation Airport" refers to an airport with either (a) 2,500 or more annual operations, or (b) more than ten Based aircraft, whose significant function is to accommodate general aviation users and local business activities. (See also Airport Categories, Category IV.)

(45) "Compensation" means payment or exchange of anything of value for services or goods.

(46) "Consumer Price Index" (CPI) is a measure or indicator of inflation established and published by the United States Bureau of Labor Statistics for cost-of-living and economic purposes. ODA uses the Portland-area CPI to determine periodic adjustments for airport user rates and charges.

(47) "Control" when used in reference to runway approach-departure zones refers to ownership through fee or easement or existence of appropriate zoning.

(48) "Controlled," when used in reference to a personal use airport, means that the airport is supervised or regulated by the airport owner in such a manner as to limit public use of the airport, as well as to (a) reasonably minimize disturbance, by aircraft operations, to persons and property in the vicinity of the airport, and (b) reasonably ensure that all users are fully aware of conditions, limitations, and possible hazards which may exist at the airport.

(49) "Department" means the Oregon Department of Aviation.

(50) "Dimensional and Layout Minimum Standards" are specific criteria that must exist in order for an airport to qualify as a public use airport.

(51) "Director" refers to the duly appointed Oregon Department of Aviation Director or the Director's designee.

(52) "Economic importance" refers to those airports that support the community and local economy in a manner that extends well beyond the immediate economic benefit of the airport owner/sponsor and its employees.

(53) "Essential safety or emergency services" for airports include search and rescue; emergency landing; medevac, fire patrol or suppression; and law enforcement operations or training.

(54) "Exclusive Right" means a power, privilege, or other right excluding or debarring another from enjoying or exercising a like power, privilege, or right.

(55) "FAA" means the Federal Aviation Administration.

(56) "Fair Market Rent" means the most probable rental rate that a property should bring, in a competitive and open rental market, specific to the property's geographic vicinity.

(57) "Fair Market Value" is the most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale. This includes the assumptions that the buyer and seller each act prudently and knowledgeably, and the price is not affected by undue stimulus.

(58) "FAR" means the Federal Aviation Regulations, as published by the FAA.

(59) "Fixed Base Operator" (FBO) refers to a full service commercial operator who engages in the primary activity of aircraft refueling and additionally conducts a specified number of approved secondary commercial activities. The required number is based on the category of State-owned airport at which the FBO is located, as specified in the Oregon Aviation Plan.

(60) "Flight Training" means the commercial operation of instructing pilots in dual and solo flight, in fixed or rotary wing aircraft, and related ground school instruction as necessary to complete a FAA written pilot's examination and flight check ride for various categories of pilots licenses and ratings.

(61) "Flying Club" means a non-commercial and nonprofit entity organized for the purpose of providing its members with any number of aircraft for their personal use and enjoyment. The flying club shall be the aircraft owner, and the club may 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.

(62) "Fuel Flowage Fee" is a fee payable by each entity dispensing fuel for each gallon of aviation fuel used, sold, or transferred at an airport.

(63) "Fuel Storage Area" means any portion of the airport designated temporarily or permanently by ODA as an area in which aircraft fuel or any other type of fuel may be stored or loaded.

(64) "Fueling" or "Fuel Handling" means the transportation, sale, delivery, dispensing, or draining of fuel or fuel waste products to or from aircraft.

(65) "General Aviation" means all phases of aviation other than aircraft manufacturing, military aviation, and scheduled or non-scheduled commercial air carrier operations.

(66) "Government aircraft" includes any aircraft owned or operated by the United States Government or any of its agencies.

(67) "Hangar" or "Hangar Structure" is a covered, and usually enclosed, area for housing and repairing aircraft.

(68) "Hazardous Material" means any substance, waste, or material which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous, and is regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, the State of Oregon, or any political subdivision thereof, and the presence of which requires investigation, removal and/or remediation.

(69) "Heliport" refers to an area of land, water, or structure designated for the landing and take-off of helicopters or other rotorcraft.

(70) "Important Links" refers to those airports that provide a meaningful or significant connection in Oregon's air traffic network.

(71) "In flight," when used in reference to seaplanes, refers the moment a seaplane starts its takeoff run until the end of a normal power-off landing run, and constitutes the criteria for determining when a seaplane becomes boat and - in turn - its priority on the water.

(72) "Instrument airport" means an airport which currently has an approach using electronic aids or has such an approach planned for the future. The instrument approach may be non-precision or precision.

(73) "Landing Strip" means that portion of the airport on which an aircraft can land or take off without damage to the aircraft or injury to its occupants.

(74) "Lease" means the written contract between the Department and a Lessee, specifying the terms and conditions under which Lessee may occupy and operate from certain State-owned airport facilities and/or property.

(75) "Lease Premises" means the defined parcel of land and any improvements thereon, which is leased by the Department to a Lessee for Lessee's exclusive aeronautical use.

(76) "Lease Renewals" are those renewal options granted by an existing Lease, which may be exercised by the Lessee upon scheduled expiration of the base term of the Lease.

(77) "Lessee" refers to any person with a Lease to occupy space and engage in commercial or non-commercial aeronautical activities at the State-owned airport.

(78) "Lighting and Marking of Hazards to Air Navigation" refers to installation of appropriate lighting fixtures, applying appropriate painted markings or attaching other appropriate devices to such objects or structures that constitute hazards to air navigation.

(79) "Local government" means any city, county or metropolitan service district formed under ORS Chapter 268 or an association of local governments performing land use planning functions under ORS 195.025.

(80) "Low Activity General Aviation Airport" means an airport with (a) less than 2,500 annual operations, and (b) ten or fewer based aircraft whose significant function is to accommodate limited general aviation use, including emergency and recreational use, in smaller communities and remote areas of Oregon. (See also Airport Categories, Category V.)

(81) "Medevac Services" refers to any variety of air ambulance or medical evacuation services.

(82) "Metes and Bounds Legal Description" means the boundaries or limits of a tract of land, especially as described by reference to lines and distances between points on the land.

(83) "Minimum Standards" is a term that references two distinct and different categories of standards, qualification or criteria, as follows:

(a) "Operating" Minimum Standards refer to those minimum requirements established by the Department that must be met by all commercial operators for the right to conduct activities at a State-owned airport.

(b) "Dimensional and Layout" Minimum Standards are specific criteria that must exist in order for an airport qualify as a public use airport.

(84) "Mobile Service Provider" (MSP) means a person or entity who provides commercial aeronautical activities pursuant to a permit, but does not operate from owned or leased property at the airport. Mobile Service Providers (MSPs) are persons or entities that provide commercial aeronautical services but do not operate out of owned or leased property on the airport. Examples of MSPs include, but are not limited to, mobile mechanics, flight instructors, aircraft detailers, and mobile oil recyclers.

(85) "Non-Commercial Aeronautical Activity" means aeronautical activity, including use of leased land to construct and use a hangar to store a personal aircraft, that is conducted personally by the lessee and does not involve the exchange of compensation with any party other than ODA.

(86) "Non-Precision Instrument Approach" means an approach that uses air navigation facilities with only horizontal guidance or area-type navigation equipment for which an approach has been approved or planned.

(87) "Non-Precision Instrument Runway" is a runway having an existing instrument approach procedure, utilizing air navigation facilities with only horizontal guidance or area type navigation equipment, for which a nonprecision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned, or indicated on an FAA or state planning document or military service military Airport planning document.

(88) "Nonretail Facility" or "Nonretail Fuel Facility" means an unattended facility where Class 1 flammable liquids are dispensed through a card or key activated fuel dispensing device to nonretail customers.

(89) "Notification area" refers to that area surrounding a public-use airport that is within 5,000 feet of the sides or ends of any runway of a visual airport, or within 10,000 feet of the sides or ends of any runway of an instrument airport.

(90) "OAR" means Oregon Administrative Rules.

(91) "Occasional" means infrequent, irregular, or from time-to-time - as specifically determined by the Director of the Department. In making this determination, the Director shall consider compatibility with the existing uses of the surrounding area.

(92) "Occupancy" refers to the fact or condition of holding, possessing, or residing in or on something; or the fact of taking or having possession to acquire ownership.

(93) "ODA" refers to the Oregon Department of Aviation.

(94) "On-Demand Operation" (Air Charter) means any operation for compensation or hire as defined in FAR Part 119.

(95) "Operating Minimum Standards" refer to those minimum requirements established by ODA that must be met by all commercial operators for the right to conduct those activities at a State-owned airport.

(96) "Operation of an Airport" refers to any person, municipality, or officer or employee thereof who offers for use, or permits use of an aircraft landing area under its control for landing or take-off of aircraft (other than on an occasional basis, as determined by the ODA Director). In addition, any person who uses such an area for aircraft landing or take-off, with or without permission of the owner, shall be deemed to be "operating" an airport within the meaning of ORS 836.120. Presence or storage of aircraft and associated structures shall not alone be construed as constituting operation of an airport.

(97) "Oregon Department of Aviation" (Department or ODA) is the State agency responsible for maintaining and operating State-owned airports across Oregon, as well as advocating for the growth, improvement and safe operation of aviation in Oregon. Once the Aeronautics Division of the Oregon Department of Transportation, ODA was established as a separate agency by the 1999 Oregon State Legislature effective July 1, 2000.

(98) "ORS" refers to Oregon Revised Statutes.

(99) "Parachuting" (Skydiving) means any activity which furthers, assists, engages in, promotes or relates to parachute jumps (as the term "parachute jump" is defined by FAR 105a(b)), including, but not limited to, training, maintenance, sales and airlift activities.

(100) "Permit" means an administrative approval issued in writing by the Oregon Department of Aviation to a person to provide commercial aeronautical services to based and transient aircraft, only from facilities and locations where such services are authorized.

(101) "Person" means an individual or entity, whether a domestic or foreign corporation, a firm, partnership, an association, an organization, a joint stock company, any unincorporated organization as defined in ORS 92.305, or any other group acting as an entity to conduct business on the airport. "Person" includes a trustee, receiver, assignee or similar representative acting for or in place of that individual or entity or group acting as an entity.

(102) "Personal Use Airport" means a landing strip that is restricted, except for aircraft emergencies, only to:

(a) use by the owner and,

(b) on an infrequent and occasional basis to the owner's invited guests, and

(c) commercial activities in connection with agricultural operations only. No aircraft may be based on a personal use airport other than those owned or controlled by the owner of the airport. Exceptions may be granted in writing through waiver action by the Director of the Department in appropriate circumstances.

(103) "Point of Ingress/Egress" refers to that area where aircraft access the State-owned portion of the airport from an adjoining property.

(104) "Precision Approach" means an instrument approach which utilizes a facility that provides both horizontal and vertical guidance equipment, such as an instrument landing system (ILS), a microwave landing system (MLS), or a precision approach radar (PAR), for which an approach has been approved or planned.

(105) "Precision Instrument Runway" refers to a runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS), Microwave Landing System (MLS), or Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated by an FAA approved airport layout plan; a military service approved military airport layout plan; any other FAA or state planning document, or military service military airport planning document.

(106) "Preventive Aircraft Maintenance" means maintenance that is not considered a major aircraft alteration or repair and does not involve complex assembly operations as listed in FAR Part 43, except for Item 22 in the Regulation (which involves the replacement of prefabricated fuel lines, and shall, for purposes of those regulations, be considered a major aircraft repair).

(107) "Privately-Owned Airport" means an airport owned by a person.

(108) "Property Line" is a designated, but not necessarily marked, boundary that outlines the area of land to be controlled by the airport owner.

(109) "Proponent" is any person who proposes to erect or construct any object or structure that exceeds certain minimum altitudes contained in OAR 738-070, that may be a potential hazard to air navigation and who may be responsible for lighting and marking such object or structure.

(110) "Public Use Airport" means an airport that is open to the flying public, considering performance and weight of the aircraft being used. May or may not be attended or have services available.

(111) "Publicly-Owned Airport" means an airport that is owned, leased or operated by the Federal government, a state, county, city, public authority, special district or other political subdivision or public corporation.

(112) "Regional General Aviation Airport" means an airport generally having less than 30,000 operations that:

(a) Is located in areas with low population density, large geographic service areas, and a surface travel time of more than 90 minutes from the nearest Category I Airport;

(b) Provides regional access to business aviation, charter, small air cargo, and medevac services; and

(c) Provides all-weather access to the airport. (See also Airport Categories, Category III.)

(113) "Roadway" means any street or road whether improved or unimproved, within the boundaries of the airport and designated for use by ground vehicles.

(114) "Runway" is the center portion of the landing strip that is designed and constructed for take-off and landing of aircraft.

(115) "SASO" refers to Specialized Aviation Service Operation.

(116) "Seaplane" means any aircraft capable of landing, taking off or otherwise operating on water.

(117) "Seaplane Base" refers to any area of water, within or without this state, which is used or intended for use for the landing and take-off of seaplanes, and any appurtenant areas which are used or intended for use for seaplane base buildings or other seaplane facilities or rights-of-way, together with all seaplane base buildings and facilities located thereon.

(118) "Self-Fueling" or "Self-Service" means the fueling or servicing of an aircraft by the owner of the aircraft or the owner's employee. Self-fueling means using fuel obtained by the aircraft owner from the source of his/her preference. Self-service includes activities such asd adjusting, repairing, cleaning, and otherwise providing service to an aircraft, provided the service is performed by the aircraft owner or his/her employees with resources supplied by the aircraft owner

(119) "Shall" is always used to refer to something mandatory, not merely directive.

(120) "Skydiver" means a person who descends to the surface from an aircraft in flight when such person intends to use or uses a parachute during all or part of the descent.

(121) "Soliciting Business" means the activity of holding oneself out for the purpose of attracting customers or making oneself available to enter into any transaction or agreement for the transfer of goods or performance of any service, immediately or in the future, in exchange for compensation or anything of value.

(122) "Specialized Aviation Service Operation" (SASO) means a commercial aeronautical activity that offers a single or limited service according to established Minimum Standards. Examples include but are not limited to: flight training, aircraft maintenance, on-demand operation, aircraft sales, avionics maintenance and sales, and aircraft storage.

(123) "State-Owned Airport" refers to any airport owned and operated by the State of Oregon Department of Aviation.

(124) "State waters" means those waters entirely within the confines of the State of Oregon which have not been declared navigable waters of the United States.

(125) "Sublease" means the written agreement stating the terms and conditions under which a third-party leases space from a lessee at a State-owned airport for the purpose of providing commercial aeronautical activities at the airport.

(126) "Taxilane" means the portion of the airport apron area, or any other area used for access between taxiways and aircraft parking or storage areas.

(127) "Taxiway" means a defined path established for the taxiing of aircraft from one part of the airport to another.

(128) "Through-the-Fence Commercial Operation" means a commercial aeronautical activity that is developed or located on the airport, but off airport sponsor-owned property.

(129) "Tie-Down Area" refers to the State-owned airport property, either pavement or turf, which is designated for parking based or transient aircraft.

(130) "Tie-Down Restriction Line" means a designated, but not necessarily marked, boundary that provides lateral clearance between the landing strip and the tie-down area.

(131) "Transient Aircraft" is an aircraft that is visiting and not permanently based at an airport (i.e., less than 30 days).

(132) "UNICOM" means a two-way communication system operated by a non-governmental entity that provides airport advisory information to the flying public. Locations and frequencies are shown on aeronautical charts and publications.

(133) "Utility Runway" means a runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.

(134) "Vehicle Parking Area" means any portion of the airport designated and made available temporarily or permanently for the parking of ground vehicles.

(135) "Visual Runway" or "Visual Airport" is a runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on an FAA or state approved airport layout plan, a military service approved military airport layout plan, or by any planning document submitted to the FAA or ODA.

(136) "Waters of this state" means all waters within the territorial limits of Oregon, the marginal sea adjacent to Oregon, and the high seas when navigated as part of a journey or ride to or from the shore of Oregon.

Or. Admin. Code § 738-005-0010

AVIA 2-2002, f. & cert. ef. 9-3-02

Stat. Auth.: ORS 835.035, ORS 835.040 & ORS 835.112

Stats. Implemented: ORS 935.035, ORS 935.040, ORS 835.112 & ORS 836.055