Authority: IC 8-9.5-5-8

Affected: IC 8-9.5; IC 8-21-1

Sec. 23. (a) The department may, in its discretion, waive strict compliance with the requirements set forth in section 22(C) and (D) [of this rule] subject to the following conditions:

1. (1) When the Federal Aviation Administration has issued an objectionable airspace determination, the department will consider a petition for a waiver if the private-use airport owner changes the airport status to "personal-use" with FAA, and agrees to not have the airport shown on any aeronautical charts. Under no circumstances will the department grant a waiver if the objectionable airspace determination by FAA is due to incompatible air traffic patterns with any other airport, whether private or public-use.

2. (2) When the owner of a private-use airport petitions the department to issue a waiver concerning the prohibition of commercial operations at the airport, the department will review the request based on the following criteria:

   1. (A) whether the proposed commercial operations are the type that will solicit the general public to use the private-use airport; and
   2. (B) whether the design and layout of the private-use airport would satisfy the minimum safety standards and requirements set forth in sections 11(C) or 12 [of this rule] and required of all public-use airports.
3. Any waiver of commercial operations by the department at a private-use airport does not authorize the use of the airport by any person or municipality other than the owner and persons specifically authorized by the owner of the private-use airport.

(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 granted by the department shall remain valid as long as the conditions and circumstances at the airport remain unchanged.

(Indiana Department of Transportation; 105 IAC 3-3-23; filed Jan 6, 1983, 1:55 p.m.: 6 IR 316; 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- 105130295RFA; readopted filed Oct 4, 2019, 9:49 a.m.: 20191030-IR-105190422RFA; readopted filed Oct 21, 2025, 3:46 p.m.: 20251112-IR-105240645RFA) NOTE: Transferred from Department of Transportation (100 IAC 3-4-23) to Indiana Department of Transportation (105 IAC 3-3-23) by P.L.112-1989, SECTION 5, effective July 1, 1989.