SPECIAL PERMITS, APPROVALS, AND EXCLUSIONS.

SEC. 33012. SPECIAL PERMITS, APPROVALS, AND EXCLUSIONS. (a) [49 U.S.C. 5117 note] Rulemaking.—Not later than 2 years after the date of enactment of this Act, the Secretary, after providing notice and an opportunity for public comment, shall issue regulations that establish— (1) standard operating procedures to support administration of the special permit and approval programs; and (2) objective criteria to support the evaluation of special permit and approval applications. (b) Review of Special Permits.— (1) Review.—Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a review and analysis of special permits that have been in continuous effect for a 10-year period to determine which special permits may be converted into the hazardous materials regulations. (2) Factors.—In conducting the review and analysis under paragraph (1), the Secretary may consider— (A) the safety record for hazardous materials transported under the special permit; (B) the application of a special permit; (C) the suitability of provisions in the special permit for incorporation into the hazardous materials regulations; and (D) rulemaking activity in related areas. (3) Rulemaking.—After completing the review and analysis under paragraph (1), but not later than 3 years after the date of enactment of this Act, and after providing notice and opportunity for public comment, the Secretary shall issue regulations to incorporate into the hazardous materials regulations any special permits identified in the review under paragraph (1) that the Secretary determines are appropriate for incorporation, based on the factors identified in paragraph (2). (c) Incorporation Into Regulation.—Section 5117 is amended by adding at the end the following: “(f) Incorporation Into Regulations. “(1) In general. Not later than 1 year after the date on which a special permit has been in continuous effect for a 10-year period, the Secretary shall conduct a review and analysis of that special permit to determine whether it may be converted into the hazardous materials regulations. “(2) Factors. In conducting the review and analysis under paragraph (1), the Secretary may consider— “(A) the safety record for hazardous materials transported under the special permit; “(B) the application of a special permit; “(C) the suitability of provisions in the special permit for incorporation into the hazardous materials regulations; and “(D) rulemaking activity in related areas. “(3) Rulemaking. After completing the review and analysis under paragraph (1) and after providing notice and opportunity for public comment, the Secretary shall either institute a rulemaking to incorporate the special permit into the hazardous materials regulations or publish in the Federal Register the Secretary’s justification for why the special permit is not appropriate for incorporation into the regulations.” .