Section 851.30 - 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