[Code of Federal Regulations] [Title 49, Volume 4] [Revised as of October 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR265.17] [Page 830] TITLE 49--TRANSPORTATION CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 265_NONDISCRIMINATION IN FEDERALLY ASSISTED RAILROAD PROGRAMS --Table of Contents Subpart B_Requirements Sec. 265.17 Review of affirmative action program. (a) Except as provided for contractors and subcontractors in Sec. 265.11(b), each affirmative action program to be acceptable must have the written approval of the Administrator. (b) The Administrator recognizes that there may be some exceptional situations where the requirements of Sec. 265.13 through Sec. 265.15 may not fulfill the affirmative action objectives sought or that those objectives may be better achieved through modified or different requirements. Accordingly, the applicant, recipient or contractor may request approval for modified or different requirements that embody the objectives of Sec. Sec. 265.13 through 265.15. Such a request must include detailed showings that the particular situation is exceptional and that the modified or different proposals substantially comply with the objectives of this part. If the Administrator determines that the requirements for a detailed justification have been met, he may waive or modify these requirements or impose different requirements as he deems necessary to further the objectives sought herein.