§ 5117. — Exemptions and exclusions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5117]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 5117. Exemptions and exclusions
(a) Authority To Exempt.--(1) As provided under procedures
prescribed by regulation, the Secretary of Transportation may issue an
exemption from this chapter or a regulation prescribed under section
5103(b), 5104, 5110, or 5112 of this title to a person transporting, or
causing to be transported, hazardous material 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) An exemption under this subsection is effective for not more
than 2 years and may be renewed on application to the Secretary.
(b) Applications.--When applying for an exemption or renewal of an
exemption under this section, the person must provide a safety analysis
prescribed by the Secretary that justifies the exemption. The Secretary
shall publish in the Federal Register notice that an application for an
exemption 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 exemption 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 exemption 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, an exemption or renewal granted under this section is
the only way a person subject to this chapter may be exempt from this
chapter.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 776; Pub. L. 103-
311, title I, Sec. 120(a), Aug. 26, 1994, 108 Stat. 1680.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5117(a)............................... 49 App.:1806(a) (1st, 2d Jan. 3, 1975, Pub. L. 93-633, Sec.
sentences). 107, 88 Stat. 2158; Nov. 16, 1990,
Pub. L. 101-615, Sec. 9, 104 Stat.
3259.
5117(b)............................... 49 App.:1806(a) (3d-last
sentences).
5117(c)(1)............................ 49 App.:1806(b).
5117(c)(2)............................ 49 App.:1806(c).
5117(d)............................... 49 App.:1806(d).
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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.
In 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 section
552 of title 5, 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.
References in Text
The Ports and Waterways Safety Act of 1972, referred to in subsec.
(d)(1)(C), is Pub. L. 92-340, July 10, 1972, 86 Stat. 424, as amended,
which is classified generally to chapter 25 (Sec. 1221 et seq.) of Title
33, Navigation and Navigable Waters. For complete classification of this
Act to the Code, see Short Title note set out under section 1221 of
Title 33 and Tables.
Amendments
1994--Subsecs. (c) to (e). Pub. L. 103-311 added subsec. (c) and
redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
