§ 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—
(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.—
(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.