---
kind: "section"
citation: "5 C.F.R. § 3601.107"
title: "5"
number: "3601.107"
heading: "Waiver."
url: "https://uscodex.org/cfr/5/3601.107"
---

# §3601.107. Waiver.

- (a) The DoD General Counsel may waive any provision of this part based upon a determination that the waiver is not inconsistent with [5 CFR part 2635](/cfr/5/part2635.md) or otherwise prohibited by law, and that waiver of the provision will not undermine public confidence in the integrity of Government programs or operations. The waiver must be:
  - (1) In writing;
  - (2) Supported by a detailed statement of facts and findings; and
  - (3) **Narrow in scope and limited in duration.**
- (b) The DoD General Counsel may withdraw the waiver, in writing, if it is determined to no longer be necessary.
- (c) **The authority for granting and withdrawing a waiver cannot be delegated below the DoD Alternate DAEO.**

## Notes

### Authority

Authority: 5 U.S.C. 301, 7301, 7351, 7353; 5 U.S.C. Chapter 131; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.203(a), 2635.204(k), 2635.803, 2635.807.

### Source

Source: 88 FR 12543, Feb. 28, 2023, unless otherwise noted.