21 C.F.R. § 1.1440
What process will FDA follow when waiving a requirement of this subpart on our own initiative?
Cite as 21 C.F.R. § 1.1440 (2026)
(a) If FDA, on our own initiative, determines that a waiver of one or more requirements for an individual entity or type of entity is appropriate, we will publish a notice in the
Federal Register
setting forth the proposed waiver and the reasons for such waiver. The notice will establish a public docket so that interested persons may submit written comments on the proposal.
(b) After considering any comments timely submitted, we will publish a notice in the
Federal Register
stating whether we are granting the waiver (in whole or in part) and the reasons for our decision.
(c) Any waiver for a type of entity that FDA grants will become effective on the date that notice of the waiver is published in the
Federal Register,
unless otherwise stated in the notice.