Code of Massachusetts Regulations
702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION
Title 702 CMR 2.00 - Construction and Application
Section 2.02 - Waiver

Universal Citation: 702 MA Code of Regs 702.2

Current through Register 1531, September 27, 2024

(1) The division, acting through the administrator, may in its direction waive any provision or requirement in 702 CMR not specifically required by law, when, in its judgment, after consideration of the facts involved, the division finds that:

(a) Granting the waiver is consistent with the purposes of M.G.L. c. 90, §§ 35 through 52;

(b) Granting the waiver will not interfere with the ability of the division to fulfill its duties;

(c) Granting the waiver will not adversely affect the public interest or public safety; and

(d) Not granting the waiver would cause a substantial hardship to the person requesting the waiver.

(2) All requests for waivers shall be in writing, shall set forth the specific provision from which a waiver is sought, and shall state the basis for the proposed waiver.

(3) The division may grant a waiver, deny a waiver, or grant a waiver subject to such terms, conditions and limitations as the division in its discretion may determine. Any waiver request not acted on by the division within 60 days of filing shall be deemed denied.

Specific operations which cannot be conducted within the provisions of 702 CMR, such as air races, air meets, acrob a tic flights, or certain pest control or seeding operations require, prior to commencement of the operation, a certificate of waiver which may be obtained from the Commission.

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