32 C.F.R. § 626.14 Waivers and exemptions.
Title 32 - National Defense
(a) The goal of the biological defense safety program is strict adherence to safety standards and the elimination of all waivers and exemptions. (b) Waiver authority. (1) The Chief of Staff, Army (CSA) is the controlling authority for granting waivers of biological defense safety standards. This authority is redelegated by this regulation to commanders of MACOMs and the commander of the USAMRDC. (2) Waiver authority will not be subdelegated. (3) Commanders with waiver authority will— (i) Ensure the existence of necessary and compelling reasons before granting waivers. (ii) Grant waivers to standards for installations and activities within their areas of authority. (c) Waiver requests: (1) Commanders of installations and activities will submit a request for waiver when compliance with these standards cannot be achieved. When such waivers affect on other commands, initiating activities will coordinate requests with those commands. (2) Requests for waivers will contain the following information: (i) Description of conditions. State the mission requirements and compelling reasons which make the waiver essential and the impact if not approved, and describe all affected sites or facilities and the quantity and type of BDP required. (ii) The safety regulations, including specific safety requirements or conditions cited by paragraph, from which the waiver is requested, and the reasons for the waiver. (iii) Specific time period for which the waiver is requested. (iv) A hazard analysis which identifies actual and potential hazards which can result from the waived requirements or conditions. (v) A risk assessment that provides information on the risk being assumed because of the waiver. The assessment will include those safety precautions and compensatory measures in force during the waiver period. (vi) A waiver abatement plan to include milestones, resources, and actions planned to eliminate the need for the waiver. (3) Requests for waivers will be forwarded through command channels to the MACOM or CG, USAMRDC, as appropriate, for approval. MACOM or USAMRDC safety officials will forward a copy of approved waivers to HQDA, DACS-SF, WASH DC 20310–0200. Copies of all waivers will be maintained at the installation and MACOM or USAMRDC Safety Offices for up to 3 years after the waiver is terminated. (4) Time limitations: (i) Waivers are normally limited to 1 year or less, and will be considered rescinded after 1 year, unless reviewed. The activity or installation commander forwarding a request for waiver will allow time to permit investigation, evaluation, and reply. (ii) Waivers may be renewed each year by the commander originally granting the waiver for a waiver period not to exceed 5 years. Prior renewal, commanders will review the need for the waiver to ensure that circumstances requiring the waiver have not changed. Results of this review (and a progress report regarding milestones that have been completed) will be forwarded through command channels to the commander originally granting the waiver. (iii) A request for amendment will be initiated when factors or circumstances requiring a change to the original waiver are identified. (iv) When factors or circumstances prevent correction of the waiver condition within 5 years of the initial approval of the waiver, such condition becomes a candidate for an exemption. (d) Exemptions. (1) Exemptions are relatively long-term exceptions to otherwise mandatory standards. Exemptions will be granted only under the following conditions: (i) If corrective measures are impractical. (ii) If impairment of the overall defense posture would result. (iii) If positive programs to eliminate of the need for the exemption are being pursued. (2) Exemptions can be approved only by the Secretary of the Army. (i) Requests for exemptions will be sent through command channels to HQDA, DACS-SF, WASH DC 20310–0200. (ii) Exemption requests will include the information required in paragraph(c)(2) of this section. (iii) Copies of exemption requests will be maintained at the installation and MACOM or USAMRDC Safety Offices.
Title 32: National Defense
PART 626—BIOLOGICAL DEFENSE SAFETY PROGRAM
Subpart B—Biological Defense Safety Policy and Procedures
§ 626.14 Waivers and exemptions.
