Conditions for granting variance requests.

(a) Except as described under paragraph (b) of this section, the administrator may grant a variance for a specific remote facility if the agency submits concurrently— (1) A request for the variance that documents to his satisfaction that the facility is unable to meet the time requirements for which the variance is requested; and (2) A revised UR plan for the facility. (b) The Administrator will not grant a variance if the remote facility is operating under a UR plan waiver that the Secretary has granted or is considering under §§ 456.505 through 456.508.