1288 
† HR 4348 EAS 
SEC. 34013. SPECIAL PERMITS, APPROVALS, AND EXCLU-
SIONS. 
(a) IN GENERAL.—Section 5117 is amended to read 
as follows: 
‘‘§ 5117. Special permits, approvals, and exclusions 
‘‘(a) AUTHORITY TO ISSUE SPECIAL PERMITS.— 
‘‘(1) CONDITIONS.—The Secretary of Transpor-
tation may issue, modify, or terminate a special per-
mit implementing new technologies or authorizing a 
variance from a provision under this chapter or a 
regulation prescribed under section 5103(b), 5104, 
5110, or 5112 to a person performing a function reg-
ulated by the Secretary under section 5103(b)(1) to 
achieve— 
‘‘(A) a safety level at least equal to the safe-
ty level required under this chapter; or 
‘‘(B) a safety level consistent with the pub-
lic interest and this chapter, if a required safety 
level does not exist. 
‘‘(2) FINDINGS REQUIRED.— 
‘‘(A) IN GENERAL.—Before issuing, renew-
ing, or modifying a special permit or granting 
party status to a special permit, the Secretary 
shall determine that the person is fit to conduct 
the activity authorized by such permit in a man-
1289 
† HR 4348 EAS 
ner that achieves the level of safety required 
under paragraph (1). 
‘‘(B) CONSIDERATIONS.—In making the de-
termination under subparagraph (A), the Sec-
retary shall consider— 
‘‘(i) the person’s safety history (includ-
ing prior compliance history); 
‘‘(ii) the person’s accident and incident 
history; and 
‘‘(iii) any other information the Sec-
retary considers appropriate to make such a 
determination. 
‘‘(3) EFFECTIVE
PERIOD.—A special permit 
issued under this section— 
‘‘(A) shall be for an initial period of not 
more than 2 years; 
‘‘(B) may be renewed by the Secretary upon 
application— 
‘‘(i) for successive periods of not more 
than 4 years each; or 
‘‘(ii) in the case of a special permit re-
lating to section 5112, for an additional pe-
riod of not more than 2 years. 
‘‘(b) APPLICATIONS.—
1290 
† HR 4348 EAS 
‘‘(1) REQUIRED DOCUMENTATION.—When apply-
ing for a special permit or the 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— 
‘‘(A) a detailed description of the person’s 
request; 
‘‘(B) a listing of the person’s current facili-
ties and addresses where the special permit will 
be utilized; 
‘‘(C) a safety analysis prescribed by the 
Secretary that justifies the special permit; 
‘‘(D) documentation to support the safety 
analysis; 
‘‘(E) a certification of safety fitness; and 
‘‘(F) proof of registration, as required under 
section 5108. 
‘‘(2) PUBLIC NOTICE.—The Secretary shall— 
‘‘(A) publish notice in the Federal Register 
that an application for a special permit has been 
filed; and 
‘‘(B) provide the public an opportunity to 
inspect and comment on the application.
1291 
† HR 4348 EAS 
‘‘(3) SAVINGS CLAUSE.—This subsection does not 
require the release of information protected by law 
from public disclosure. 
‘‘(c) COORDINATE AND COMMUNICATE WITH MODAL 
CONTACT OFFICIALS.— 
‘‘(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 Mate-
rials Safety Administration shall consult, coordinate, 
or notify the modal contact official responsible for the 
specified mode of transportation that will be utilized 
under a special permit or approval before— 
‘‘(A) issuing, modifying, or renewing the 
special permit; 
‘‘(B) granting party status to the special 
permit; or 
‘‘(C) issuing or renewing the special permit 
or approval. 
‘‘(2) MODAL
CONTACT
OFFICIAL
DEFINED.—In 
this section, the term ‘modal contact official’ means— 
‘‘(A) the Administrator of the Federal Avia-
tion Administration; 
‘‘(B) the Administrator of the Federal 
Motor Carrier Safety;
1292 
† HR 4348 EAS 
‘‘(C) the Administrator of the Federal Rail-
road Administration; and 
‘‘(D) the Commandant of the Coast Guard. 
‘‘(d) APPLICATIONS TO BE DEALT WITH PROMPT-
LY.—The Secretary shall— 
‘‘(1) issue, modify, renew, or grant party status 
to a special permit or approval for which a request 
was filed under this section, or deny the 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 the re-
quest; or 
‘‘(2) publish a statement in the Federal Register 
that— 
‘‘(A) describes the reason for the delay of the 
Secretary’s decision on the special permit or ap-
proval; and 
‘‘(B) includes an estimate of the additional 
time necessary before the decision is made. 
‘‘(e) EMERGENCY PROCESSING
OF SPECIAL PER-
MITS.— 
‘‘(1) FINDINGS REQUIRED.—The Secretary may 
not grant a request for emergency processing of a spe-
cial permit unless the Secretary determines that—
1293 
† HR 4348 EAS 
‘‘(A) a special permit is necessary for na-
tional security purposes; 
‘‘(B) processing on a routine basis under 
this section would result in significant injury to 
persons or property; or 
‘‘(C) a special permit is necessary to pre-
vent significant economic loss or damage to the 
environment that could not be prevented if the 
application were processed on a routine basis. 
‘‘(2) WAIVER OF FITNESS TEST.—The Secretary 
may waive the requirement under subsection (a)(2) 
for a request for which the Secretary makes a deter-
mination under subparagraph (A) or (B) of para-
graph (1). 
‘‘(3) NOTIFICATION.—Not later than 90 days 
after the date of issuance of a special permit under 
this subsection, the Secretary shall publish a notice in 
the Federal Register of the issuance that includes— 
‘‘(A) a statement of the basis for the finding 
of emergency; and 
‘‘(B) the scope and duration of the special 
permit. 
‘‘(4) EFFECTIVE
PERIOD.—A special permit 
issued under this subsection shall be effective for a pe-
riod not to exceed 180 days.