Section 105 IAC 3-3-13 - WaiversAuthority: 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.Indiana Department of Transportation; 105 IAC 3-3-13; filed Jan 6, 1983, 1:55 p.m.: 6 IR 314; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFAReadopted filed 10/4/2019, 9:49 a.m.: 20191030-IR-105190422RFATransferred 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.