[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR26.15]

[Page 261]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 26_PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF 
TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS--Table of Contents
 
                            Subpart A_General
 
Sec.  26.15  How can recipients apply for exemptions or waivers?

    (a) You can apply for an exemption from any provision of this part. 
To apply, you must request the exemption in writing from the Office of 
the Secretary of Transportation, FHWA, FTA, or FAA. The Secretary will 
grant the request only if it documents special or exceptional 
circumstances, not likely to be generally applicable, and not 
contemplated in connection with the rulemaking that established this 
part, that make your compliance with a specific provision of this part 
impractical. You must agree to take any steps that the Department 
specifies to comply with the intent of the provision from which an 
exemption is granted. The Secretary will issue a written response to all 
exemption requests.
    (b) You can apply for a waiver of any provision of Subpart B or C of 
this part including, but not limited to, any provisions regarding 
administrative requirements, overall goals, contract goals or good faith 
efforts. Program waivers are for the purpose of authorizing you to 
operate a DBE program that achieves the objectives of this part by means 
that may differ from one or more of the requirements of Subpart B or C 
of this part. To receive a program waiver, you must follow these 
procedures:
    (1) You must apply through the concerned operating administration. 
The application must include a specific program proposal and address how 
you will meet the criteria of paragraph (b)(2) of this section. Before 
submitting your application, you must have had public participation in 
developing your proposal, including consultation with the DBE community 
and at least one public hearing. Your application must include a summary 
of the public participation process and the information gathered through 
it.
    (2) Your application must show that--
    (i) There is a reasonable basis to conclude that you could achieve a 
level of DBE participation consistent with the objectives of this part 
using different or innovative means other than those that are provided 
in subpart B or C of this part;
    (ii) Conditions in your jurisdiction are appropriate for 
implementing the proposal;
    (iii) Your proposal would prevent discrimination against any 
individual or group in access to contracting opportunities or other 
benefits of the program; and
    (iv) Your proposal is consistent with applicable law and program 
requirements of the concerned operating administration's financial 
assistance program.
    (3) The Secretary has the authority to approve your application. If 
the Secretary grants your application, you may administer your DBE 
program as provided in your proposal, subject to the following 
conditions:
    (i) DBE eligibility is determined as provided in subparts D and E of 
this part, and DBE participation is counted as provided in Sec.  26.49;
    (ii) Your level of DBE participation continues to be consistent with 
the objectives of this part;
    (iii) There is a reasonable limitation on the duration of your 
modified program; and
    (iv) Any other conditions the Secretary makes on the grant of the 
waiver.
    (4) The Secretary may end a program waiver at any time and require 
you to comply with this part's provisions. The Secretary may also extend 
the waiver, if he or she determines that all requirements of paragraphs 
(b)(2) and (3) of this section continue to be met. Any such extension 
shall be for no longer than period originally set for the duration of 
the program.

[[Page 262]]