(1) For purposes of implementing the equivalent facilitation provision in §38.2 of this subtitle, the following parties may submit to the Administrator of the applicable operating administration a request for a determination of equivalent facilitation:
(i) A public or private entity that provides transportation services and is subject to the provisions of subpart D or subpart E this part; or
(ii) The manufacturer of a vehicle or a vehicle component or subsystem to be used by such entity to comply with this part.
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