And, from Regulation D, a waiver of the early withdrawal penalty is permitted --
Where the depository institution pays that portion of a time deposit on which federal deposit insurance has been lost as a result of the merger of two or more federally insured banks in which the depositor previously maintained separate time deposits, for a period of one year from the date of the merger...
So, if the six-month grace period allowed by FDIC rules has expired, but the CD is within 6 days of an earlier deposit or withdrawal or renewal, the penalty can be waived if the CD puts the depositor over the limit for FDIC coverage.
Pretty slim chance, I'd say, given the short mandatory penalty window (six days) and the advance planning time afforded by the FDIC.