‘‘(B) consistent with the public interest 
and this chapter, if a required safety level does 
not exist. 
‘‘(2) FINDINGS REQUIRED.— 
‘‘(A) IN GENERAL.—Prior to issuing, re-
newing, or modifying a special permit or grant-
ing party status to a special permit, the Sec-
retary shall determine that the person is fit, 
willing, and able to conduct the activity author-
ized by such permit in a manner that achieves 
the level of safety required under paragraph 
(1). 
‘‘(B) CONSIDERATIONS.—In making the 
determination under subparagraph (A), the 
Secretary shall consider the person’s safety his-
tory (including prior compliance history), acci-
dent and incident history, and any other infor-
mation the Secretary considers appropriate to 
make such a determination. 
‘‘(3) EFFECTIVE
PERIOD.—A special permit 
issued under this section shall be effective for an ini-
tial period of not more than 2 years and may be re-
newed by the Secretary upon application for succes-
sive periods of not more than 4 years each or, in the 
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case of a special permit relating to section 5112, for 
an additional period of not more than 2 years. 
‘‘(b) APPLICATIONS.— 
‘‘(1) REQUIRED DOCUMENTATION.—When ap-
plying for a special permit or renewal or modifica-
tion of a special permit or requesting party status 
to a special permit under this section, the Secretary 
shall require the person to submit an application 
that contains, at a minimum, a detailed description 
of the person’s request, a listing of the person’s fa-
cilities and addresses where the special permit will 
be utilized, a safety analysis prescribed by the Sec-
retary that justifies the special permit, documenta-
tion to support the safety analysis, and, if applica-
ble, verification of registration as required by section 
5108. 
‘‘(2) PUBLIC
NOTICE.—The Secretary shall 
publish in the Federal Register notice that an appli-
cation for a special permit has been filed and shall 
provide the public an opportunity to inspect and 
comment on the application. 
‘‘(3) SAVINGS CLAUSE.—This subsection does 
not require the release of information protected by 
law from public disclosure. 
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‘‘(c) COORDINATION WITH MODAL CONTACT OFFI-
CIALS.— 
‘‘(1) IN GENERAL.—In evaluating applications 
under subsection (b) and making the findings and 
determinations under subsections (a), (e), and (h), 
the Administrator of the Pipeline and Hazardous 
Materials Safety Administration shall consult and 
coordinate with the modal contact official responsible 
for the mode of transportation that will be utilized 
under a special permit or approval prior to issuing, 
modifying, or renewing the special permit, granting 
party status to the special permit, or issuing or re-
newing the approval. 
‘‘(2) DISPUTE
RESOLUTION.—The Secretary 
shall develop a procedure for resolving a dispute be-
tween the Administrator and a modal contact official 
to ensure that any concern raised by such official is 
appropriately addressed and resolved. 
‘‘(3) MODAL CONTACT OFFICIAL DEFINED.—In 
this section, the term ‘modal contact official’ 
means— 
‘‘(A) the Administrator of the Federal 
Aviation Administration; 
‘‘(B) the Administrator of the Federal 
Motor Carrier Safety Administration; 
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‘‘(C) the Administrator of the Federal 
Railroad Administration; or 
‘‘(D) the Commandant of the Coast Guard. 
‘‘(d) APPLICATIONS TO BE DEALT WITH PROMPT-
LY.—The Secretary shall issue, modify, renew, or grant 
party status to a special permit for which a request was 
filed in accordance with this section, or deny such 
issuance, modification, renewal, or grant, on or before the 
last day of the 180-day period beginning on the first day 
of the month following the date of the filing of such re-
quest, or the Secretary shall publish a statement in the 
Federal Register of the reason why the Secretary’s deci-
sion on the special permit is delayed, along with an esti-
mate of the additional time necessary before the decision 
is made. 
‘‘(e) EMERGENCY PROCESSING
OF SPECIAL PER-
MITS.— 
‘‘(1) FINDINGS REQUIRED.—The Secretary may 
grant a request for emergency processing of a spe-
cial permit only if the Secretary finds— 
‘‘(A) it is necessary for immediate national 
security purposes; 
‘‘(B) that processing on a routine basis 
under this section would result in significant in-
jury to persons or property; or 
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‘‘(C) it is necessary to prevent significant 
economic loss that could not be prevented if the 
application were processed on a routine basis. 
‘‘(2) WAIVER
OF
FITNESS
TEST.—The Sec-
retary may waive the requirement under subsection 
(a)(2) for a request for which the Secretary makes 
a finding under paragraph (1)(A) or (1)(B). 
‘‘(3) NOTIFICATION.—Not later than 90 days 
after the date of issuance of a special permit under 
this subsection, the Secretary shall publish in the 
Federal Register a notice of issuance with a state-
ment of the basis for the finding of emergency and 
the scope and duration of the special permit. 
‘‘(4) EFFECTIVE
PERIOD.—A special permit 
issued under this subsection shall be effective for a 
period of not to exceed 30 days. 
‘‘(f) EXCLUSIONS.— 
‘‘(1) IN
GENERAL.—The Secretary shall ex-
clude, in any part, from this chapter and regulations 
prescribed under this chapter— 
‘‘(A) a public vessel (as defined in section 
2101 of title 46); 
‘‘(B) a vessel exempted under section 3702 
of title 46 or from chapter 37 of title 46; and 
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