The Board may, in its discretion and/or upon the recommendation of the Department, waive any provision of this rule upon a finding that there is an imminent and likely loss of a facility, or of funds available to a facility, or that a condition exists causing imminent danger to pilots or aircraft using an airport, and that an immediate FAM grant is reasonably likely to alleviate the loss or danger. The Board may also, in its discretion and/or upon the recommendation of the Department, make exceptions to the minimum and maximum allowable limits of a grant award. In making such a finding the Board must find:

1. (1) The project proposed meets the overall purpose of the FAM program, and is consistent with the provisions and policies of the OAP;

2. (2) There is in the Board’s reasonable judgment evidence showing that any of the following would be adversely affected unless FAM funds were made available:

   1. (a) Aviation safety;
   2. (b) Community safety;
   3. (c) Airport viability;
   4. (d) Availability of federal funds; and
3. (3) Alternate funding sources are inadequate to meet the need addressed by the proposed exception.

Statutory/Other Authority

ORS 835.035, 835.040 & 835.112

Statutes/Other Implemented

ORS 835.015, 835.025, 836.015, 836.070 & 319.020

History

AVIA 2-2016, f. & cert. ef. 5-26-16
AVIA 2-2004, f. & cert. ef. 5-24-04