105 IAC 3-3-13 Waivers

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.