Or. Admin. Code § 738-070-0160 - Aeronautical Studies

(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.

(3) The Department may require a fee be paid to the Department to perform an aeronautical study or studies. The fee shall be paid by the sponsor or the representative of the construction or alteration if the construction or alteration requires notice to the ODAV per OAR 738-080-0060. As needed, the Department may adjust, reduce or waive the amount of the fee as the Department sees fit to support the operation costs of performing the aeronautical study or studies. The non-refundable fee for the aeronautical study or studies shall be administered as follows:

(a) The sponsor or representative of the construction or alteration shall notify the Department of the construction or alteration in conformance with OAR 738-080-0080 to initiate the aeronautical study or studies.

(b) The fee for the aeronautical study or studies may be required to be paid prior to delivery of the aeronautical determination or determinations by the Department to the sponsor or representative.

(c) Fees are calculated for each separate instance for each sponsor or representative and are based on actual cost of services provided. Each individual aeronautical study shall have a minimum associated fee of $100.

(4) The Department issues a determination as to whether the proposed construction or alteration would be a hazard to air navigation and sends copies to all known interested persons. This determination is final unless a petition for review is granted under OAR 738-070-0170.

(5) If the sponsor revises his proposal to eliminate exceeding of obstruction standards, or withdraws it, the Department terminates the study and notifies all known interested persons.

(6) The FAA Handbook, Procedures for Handling Airspace Matters, may be used in arriving at the determination.

Notes

Or. Admin. Code § 738-070-0160

1AD 2-1983, f. & ef. 2-14-83; AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02; AVIA 5-2022, amend filed 08/29/2022, effective 8/29/2022

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 835 & 836

Statutes/Other Implemented: ORS 836.530