[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR265.17]

[Page 888]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 265_NONDISCRIMINATION IN FEDERALLY ASSISTED RAILROAD PROGRAMS--Table of 
 
                         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.