Consideration of variances.

(a) Variances shall be granted by the Under Secretary after considering the recommendation of the EHSS Director. The authority to grant a variance cannot be delegated. (b) The application must satisfy the requirements for applications specified in § 851.31. [71 FR 6931, Feb. 9, 2006, as amended at 71 FR 68733, Nov. 28, 2006; 80 FR 5009, Jan. 30, 2015; 88 FR 41293, June 26, 2023]