49 U.S.C. § 5117 : US Code - Section 5117: Special permits and exclusions

Search 49 U.S.C. § 5117 : US Code - Section 5117: Special permits and exclusions

(a) Authority To Issue Special Permits. - (1) As provided under
procedures prescribed by regulation, the Secretary may issue,
modify, or terminate a special permit authorizing a variance from
this chapter or a regulation prescribed under section 5103(b),
5104, 5110, or 5112 of this title to a person performing a function
regulated by the Secretary under section 5103(b)(1) in a way that
achieves a safety level -
(A) at least equal to the safety level required under this
chapter; or
(B) consistent with the public interest and this chapter, if a
required safety level does not exist.
(2) A special permit issued under this section shall be effective
for an initial period of not more than 2 years and may be renewed
by the Secretary upon application for successive periods of not
more than 4 years each or, in the case of a special permit relating
to section 5112, for an additional period of not more than 2 years.
(b) Applications. - When applying for a special permit or renewal
of a special permit under this section, the person must provide a
safety analysis prescribed by the Secretary that justifies the
special permit. The Secretary shall publish in the Federal Register
notice that an application for a special permit has been filed and
shall give the public an opportunity to inspect the safety analysis
and comment on the application. This subsection does not require
the release of information protected by law from public disclosure.
(c) Applications To Be Dealt With Promptly. - The Secretary shall
issue or renew the special permit for which an application was
filed or deny such issuance or renewal within 180 days after the
first day of the month following the date of the filing of such
application, or the Secretary shall publish a statement in the
Federal Register of the reason why the Secretary's decision on the
special permit is delayed, along with an estimate of the additional
time necessary before the decision is made.
(d) Exclusions. - (1) The Secretary shall exclude, 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 from
chapter 37 of title 46; and
(C) a vessel to the extent it is regulated under the Ports and
Waterways Safety Act of 1972 (33 U.S.C. 1221 et seq.).
(2) This chapter and regulations prescribed under this chapter do
not prohibit -
(A) or regulate transportation of a firearm (as defined in
section 232 of title 18), or ammunition for a firearm, by an
individual for personal use; or
(B) transportation of a firearm or ammunition in commerce.
(e) Limitation on Authority. - Unless the Secretary decides that
an emergency exists, a special permit or renewal granted under this
section is the only way a person subject to this chapter may be
granted a variance from this chapter.