Current through Register Vol. 28, No. 3, September 1, 2024
6.1 The
licensing process should be one that encourages safety while at the same time
does not place an undo burden upon the existing public use airports or
heliports in the State. If a violation of this regulation occurs, the airport
or heliport in question may attempt to rectify the situation, but in doing so,
may require additional time to comply.
6.2 In cases where the correction of a
regulation violation requires more than 10 days, a temporary waiver may be
issued by the Office of Aeronautics permitting the delay. The temporary waiver
shall specify a definite time period for correction of the condition. The
process for issuing a temporary waiver is as follows:
6.2.1 Violation Cited. In the event that an
airport cannot show proof of insurance, or has not displaced a threshold
subject to the requirements of this regulation, the Delaware Department of
Transportation, through its Office of Aeronautics shall cite the airport for
the violation. In the citation, the airport owner shall have 10 days to correct
the violation.
6.2.2 Waiver
Request. If the cited airport owner believes that there are mitigating
circumstances that prevent compliance with these regulations within the 10 day
period, he or she may request a waiver in writing from the Department through
its Office of Aeronautics. The waiver request should state the mitigating
circumstances and the timeframe requested for compliance.
6.2.3 Waiver Terms. The Department may grant
a waiver to the requesting airport owner/operator after consideration of the
mitigating circumstances preventing compliance and the time needed to comply.
The waiver issued by the Department through its Office of Aeronautics shall
state the timeframe for compliance.
6.2.4 Waiver Implementation. The Office of
Aeronautics shall approve or disapprove the request for waiver within the 10
day normal compliance period. The decision shall be delivered in writing to the
airport owner requesting the waiver. If the waiver is granted, the temporary
nature of the waiver shall require that the Office of Aeronautics revisit the
airport at the end of the temporary extension of the compliance period to
determine if the airport is in compliance. If the airport is in compliance, a
license shall be issued. If the airport is not in compliance, Section 7 of this
regulation shall be implemented.
