EMERGENCY WAIVERS.

SEC. 308. EMERGENCY WAIVERS. Section 20103 is amended—(1) by striking “Waivers.—” in subsection (d) and inserting “Nonemergency Waivers.—”;(2) by striking subsection (e) and inserting the following:“(e) Hearings.—The Secretary shall conduct a hearing as provided by section 553 of title 5 when prescribing a regulation or issuing an order under this part, including a regulation or order establishing, amending, or providing a waiver, described in subsection (d), of compliance with a railroad safety regulation prescribed or order issued under this part. An opportunity for an oral presentation shall be provided.”; and(3) by adding at the end thereof the following:“(g) Emergency Waivers.—“(1) In general.—The Secretary may waive compliance with any part of a regulation prescribed or order issued under 122 STAT. 4882 this part without prior notice and comment if the Secretary determines that—“(A) it is in the public interest to grant the waiver;“(B) the waiver is not inconsistent with railroad safety; and“(C) the waiver is necessary to address an actual or impending emergency situation or emergency event.“(2) Period of waiver.—A waiver under this subsection may be issued for a period of not more than 60 days and may be renewed upon application to the Secretary only after notice and an opportunity for a hearing on the waiver. The Secretary shall immediately revoke the waiver if continuation of the waiver would not be consistent with the goals and objectives of this part.“(3) Statement of reasons.—The Secretary shall state in the decision issued under this subsection the reasons for granting the waiver.“(4) Consultation.—In granting a waiver under this subsection, the Secretary shall consult and coordinate with other Federal agencies, as appropriate, for matters that may impact such agencies.“(5) Emergency situation; emergency event.—In this subsection, the terms ‘emergency situation’ and ‘emergency event’ mean a natural or manmade disaster, such as a hurricane, flood, earthquake, mudslide, forest fire, snowstorm, terrorist act, biological outbreak, release of a dangerous radiological, chemical, explosive, or biological material, or a war-related activity, that poses a risk of death, serious illness, severe injury, or substantial property damage. The disaster may be local, regional, or national in scope.”.