---
kind: "section"
citation: "15 C.F.R. § 998.29"
title: "15"
number: "998.29"
heading: "Waivers or suspension of compliance."
url: "https://uscodex.org/cfr/15/998.29"
---

# §998.29. Waivers or suspension of compliance.

- (a) The Secretary may waive the service obligations of an officer incurred under [§ 998.23](/cfr/15/998.23.md), [§ 998.24](/cfr/15/998.24.md), and [§ 998.27](/cfr/15/998.27.md) who:
  - (1) Becomes unqualified to serve on active duty in the NOAA Corps because of a circumstance not within the control of that officer; or
  - (2) **Is—**
    - (i) Not physically qualified for appointment; and
    - (ii) Determined to be unqualified for service in the NOAA Corps because of a physical or medical condition that was not the result of the officer's own misconduct or grossly negligent conduct.
- (b) The Secretary may waive the service obligations of an officer incurred under [§ 998.25](/cfr/15/998.25.md) who fails to satisfy the eligibility requirements if the Secretary determines that the imposition of the repayment requirement and the termination of unpaid amounts of such assistance would be—
  - (1) Contrary to personnel policy or management objective;
  - (2) Against equity and good conscience; or
  - (3) **Contrary to the best interest of the United States.**
- (c) With respect to a service obligation under [§ 998.27(a)](/cfr/15/998.27.md?p=a), the Secretary may relieve an officer's ADSO and provide an alternative obligation at the discretion of the Secretary, the terms of which will be documented in a new written agreement.
- (d) The authorities provided in this part to grant waivers or exceptions will be referenced in all written agreements.

## Notes

### Authority

Authority: 10 U.S.C. 2005; 33 U.S.C. 3006, 3071(a)(22); 37 U.S.C. 303a(e), 373.

### Authority

Authority: 33 U.S.C. 3001 et seq.

### Source

Source: 87 FR 31708, May 25, 2022, unless otherwise noted.