---
kind: "section"
citation: "18 C.F.R. § 385.1108"
title: "18"
number: "385.1108"
heading: "Criteria (Rule 1108)."
url: "https://uscodex.org/cfr/18/385.1108"
---

# §385.1108. Criteria (Rule 1108).

- (a) Staff will grant a petition where there are sufficient facts to make a determination on the merits and where Staff determines that an adjustment is necessary to prevent or alleviate:
  - (1) Special hardship;
  - (2) Inequity; or
  - (3) **An unfair distribution of burdens.**
- (b) When there are not sufficient facts to make a determination on the merits, the Staff may dismiss the petition without prejudice; except, that when Staff has requested additional material information under [Rule 1107](/cfr/18/1107.md) (adjustment evaluations) of this section and the petitioner has failed to provide the requested information, Staff may deny the petition if the requested information was reasonably available to the petitioner.
- (c) This section shall cease to have effect on December 5, 2026, unless the Commission determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The Commission will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly.

## Notes

### Amendments

[Order 225, 47 FR 19022, May 3, 1982, as amended by Order 24-C, 50 FR 21596, May 28, 1985; Order 914, 90 FR 48407, Oct. 21, 2025]

### Authority

Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16 U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C 3701, 9701; 42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note (2015).

### Source

Source: Order 225, 47 FR 19022, May 3, 1982, unless otherwise noted.

### Amendments

[Order 225, 47 FR 19022, May 3, 1982, as amended by Order 24-C, 50 FR 21596, May 28, 1985; Order 914, 90 FR 48407, Oct. 21, 2025]