§5707. Waiver authority

(a) General Authority.-After consultation required by section 5709 of this title, the Secretary of Transportation may waive any part of this chapter or regulations prescribed under this chapter for a class of persons, motor vehicles, rail vehicles, cosmetics, devices, drugs, food, food additives, or nonfood products, if the Secretary decides that the waiver-

(1) would not result in the transportation of cosmetics, devices, drugs, food, or food additives that would be unsafe to humans or animals; and

(2) would not be contrary to the public interest and this chapter.

(b) Publication of Waivers.-The Secretary shall publish in the Federal Register any waiver and the reasons for the waiver.

( Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 857 .)

In subsection (a), before clause (1), the words "any part of" are substituted for "in whole or in part" for consistency in the revised title. The words "application of any provision of" are omitted as surplus. The word "refuse" is omitted as unnecessary because of the definition of "nonfood product" in section 5702 of the revised title. The word "decides" is substituted for "determines" for consistency in the revised title. In clause (2), the word "otherwise" is omitted as surplus.

Section Referred to in Other Sections

This section is referred to in section 5709 of this title.