[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: 49CFR30.17]

[Page 358]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 30_DENIAL OF PUBLIC WORKS CONTRACTS TO SUPPLIERS OF GOODS AND SERVICES OF 
COUNTRIES THAT DENY PROCUREMENT MARKET ACCESS TO U.S. CONTRACTORS
--Table of Contents
 
Sec.  30.17  Waivers.

    (a) The Secretary may waive the restrictions imposed by section 115 
of the Airport Safety Act on the use of a product or service in a 
project if the Secretary determines that:
    (1) Application of the restriction to such product, service, or 
project would not be in the public interest;
    (2) Products or services of the same class or kind are not produced 
or offered in the United States, or in any foreign country that is not 
listed by the U.S.T.R. in sufficient and reasonable available quantities 
and of a satisfactory quality; or
    (3) Exclusion of such product or service from the project would 
increase the cost of the overall project contract by more than 20 
percent.
    (b) The President or the Secretary may waive the restrictions 
imposed by section 109(a) of the Continuing Resolution with respect to 
an individual contract if the President or the Secretary determines that 
such action is necessary in the public interest, on a contract-by-
contract basis. The Secretary may apply the factors listed in paragraphs 
(a)(2) and (a)(3) of this section in determining whether a waiver is in 
the public interest.
    (c) The authority of the President or the Secretary to issue waivers 
may not be delegated. The Department shall publish notice of any waiver 
granted pursuant to this part by the President or the Secretary in the 
Federal Register within ten days. The notice shall describe in detail 
the contract involved, the specific reasons for granting the waiver, and 
how the waiver meets the criteria of this section.