105 IAC 3-3-13 - Waivers
Authority: IC 8-9.5-5-8
Affected: IC 8-9.5; IC 8-21-1
Sec. 13.
(a) The
department may, in its discretion, waive strict compliance with the minimum
safety standards and requirements set forth in section 11(C) and section 12
[of this rule] when it is determined that the public-use
airport was in existence at the time this regulation ( 100 IAC 3-4 )
[this rule] was adopted, and that the owner of the airport
held a valid certificate of approval based on compliance with the then existing
minimum safety standards.
(b) All
petitions for a waiver shall be on forms prescribed and furnished by the
department, shall be sworn to by the applicant and shall contain a clear
concise statement of the facts together with a request that a certain
requirement be waived. Any waiver shall be conditional upon compliance with all
other non-waived requirements, and said waiver shall remain valid as long as
the conditions and circumstances at the airport remain unchanged.
Notes
Transferred from Department of Transportation ( 100 IAC 3-4-13 ) to Indiana Department of Transportation ( 105 IAC 3-3-13 ) by P.L. 112-1989, SECTION 5, effective July 1, 1989.
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