§ 3280.8 - Waivers.

§ 3280.8 Waivers.

(a) Where any material piece of equipment, or system which does not meet precise requirements or specifications set out in the standard is shown, to the satisfaction of the Secretary, to meet an equivalent level of performance, the Secretary may waive the specifications set out in the Standard for that material, piece of equipment, or system.

(b) Where the Secretary is considering issuing a waiver to a Standard, the proposed waiver shall be published in the Federal Register for public comment, unless the Secretary, for good cause, finds that notice is impractical, unnecessary or contrary to the public interest, and incorporates into the waiver that finding and a brief statement of the reasons therefor.

(c) Each proposed and final waiver shall include:

(1) A statement of the nature of the waiver; and

(2) Identification of the particular standard affected.

(d) All waivers shall be published in the Federal Register and shall state their effective date. Where a waiver has been issued, the requirements of the Federal Standard to which the waiver relates may be met either by meeting the specifications set out in the Standard or by meeting the requirements of the waiver published in the Federal Register.

[58 FR 55003, Oct. 25, 1993]