49 U.S.C. § 5117

In subsection (a)(1), before clause (A), the words “or renew” and “subject to the requirements of this chapter” are omitted as surplus. In clause (A), the words “at least equal to the safety level required under this chapter” are substituted for “which is equal to or exceeds that level of safety which would be required in the absence of such exemption” to eliminate unnecessary words.

In subsection (a)(2), the words “issued or renewed” are omitted as surplus.

section 552 of title 5In subsection (b), the words “upon application” and “grant of such” are omitted as surplus. The words “give the public an opportunity to inspect” are substituted for “afford access to . . . public” for clarity. The words “described by subsection (b) of , or which is otherwise” are omitted as surplus.

In subsection (c)(1), clauses (A) and (B) are substituted for “any vessel which is excepted from the application of section 201 of the Ports and Waterways Safety Act of 1972 by paragraph (2) of such section”. Section 201 of that Act amended section 4417a of the Revised Statutes (classified at 46:391a prior to its repeal and reenactment as part of the codification of subtitle II of title 46 in 1983). Clauses (A) and (B) restate the exceptions provided by section 201 of that Act and by section 4417a of the Revised Statutes as subsequently amended. Clause (C) is substituted for “any other vessel regulated under such Act, to the extent of such regulation” because of the restatement.

In subsection (c)(2), before clause (A), the word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the United States Code.

In subsection (d), the words “by which”, “the requirements of”, and “or relieved of the obligation to meet any requirements imposed under” are omitted as surplus.

Editorial Notes

References in Text

Pub. L. 92–340July 10, 197286 Stat. 424Pub. L. 95–474, § 2Oct. 17, 197892 Stat. 1471Pub. L. 115–282, title IV, § 402(e)Dec. 4, 2018132 Stat. 4264section 101 of Title 46The Ports and Waterways Safety Act of 1972, referred to in subsec. (d)(1)(C), is , , , which was renamed the Ports and Waterways Safety Act by , , , and was classified generally to chapter 25 (§ 1221 et seq.) of Title 33, Navigation and Navigable Waters, prior to repeal by , , . See Transitional and Savings Provisions note preceding , Shipping, and chapter 700 (§ 70001 et seq.) of Title 46.

Amendments

Pub. L. 114–94, § 7204(1)2015—Subsec. (b). , substituted “an application for a new special permit or a modification to an existing special permit” for “an application for a special permit” and inserted “The Secretary shall make available to the public on the Department of Transportation’s Internet Web site any special permit other than a new special permit or a modification to an existing special permit and shall give the public an opportunity to inspect the safety analysis and comment on the application for a period of not more than 15 days.” before “This subsection”.

Pub. L. 114–94, § 7204(2)Subsec. (c). , substituted “a special permit or approval” for “the special permit” in two places, “120 days” for “180 days”, and “make available to the public” for “publish”, and struck out “in the Federal Register” after “a statement”.

Pub. L. 114–94, § 7204(3)Subsec. (g). , added subsec. (g).

Pub. L. 112–1412012—Subsec. (f). added subsec. (f).

Pub. L. 109–59, § 7115(a)(1)2005—, substituted “Special permits and exclusions” for “Exemptions and exclusions” in section catchline.

Pub. L. 109–59, § 7115(b)Subsec. (a). , substituted “Issue Special Permits” for “Exempt” in heading.

Pub. L. 109–59, § 7126Subsec. (a)(1). , substituted “Secretary” for “Secretary of Transportation” in introductory provisions.

Pub. L. 109–59, § 7115(c), in introductory provisions, substituted “issue, modify, or terminate a special permit authorizing a variance” for “issue an exemption” and “performing a function regulated by the Secretary under section 5103(b)(1)” for “transporting, or causing to be transported, hazardous material”.

Pub. L. 109–59, § 7115(d)Subsec. (a)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “An exemption under this subsection is effective for not more than 2 years and may be renewed on application to the Secretary.”

Pub. L. 109–59, § 7115(e)Subsec. (b). , substituted “the special permit” for “the exemption” and substituted “a special permit” for “an exemption” wherever appearing.

Pub. L. 109–59, § 7115(f)Subsec. (c). , substituted “the special permit” for “the exemption” in two places.

Pub. L. 109–59, § 7115(g)Subsec. (e). , substituted “a special permit” for “an exemption” and “be granted a variance” for “be exempt”.

Pub. L. 103–3111994—Subsecs. (c) to (e). added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–94Oct. 1, 2015section 1003 of Pub. L. 114–94section 5313 of Title 5Amendment by effective , see , set out as a note under , Government Organization and Employees.

Effective Date of 2012 Amendment

Pub. L. 112–141Oct. 1, 2012section 3(a) of Pub. L. 112–141section 101 of Title 23Amendment by effective , see , set out as an Effective and Termination Dates of 2012 Amendment note under , Highways.

Special Permits, Approvals, and Exclusions

Pub. L. 112–141, div. C, title III, § 33012(a)July 6, 2012126 Stat. 838