[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.121]

[Page 26]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents
 
                          Subpart B_Exemptions
 
Sec. 107.121  Modification, suspension or termination of exemption or grant 
of party status.

    (a) The Associate Administrator may modify an exemption or grant of 
party status on finding that--
    (1) Modification is necessary so that an exemption reflects current 
statutes and regulations; or
    (2) Modification is required by changed circumstances to meet the 
standards of Sec. 107.113(f).
    (b) The Associate Administrator may modify, suspend or terminate an 
exemption or grant of party status, as appropriate, on finding that--
    (1) Because of a change in circumstances, the exemption or party 
status no longer is needed or no longer would be granted if applied for;
    (2) The application contained inaccurate or incomplete information, 
and the exemption or party status would not have been granted had the 
application been accurate and complete;
    (3) The application contained deliberately inaccurate or incomplete 
information; or
    (4) The holder or party knowingly has violated the terms of the 
exemption or an applicable requirement of this chapter, in a manner 
demonstrating the holder or party is not fit to conduct the activity 
authorized by the exemption.
    (c) Except as provided in paragraph (d) of this section, before an 
exemption or grant of party status is modified, suspended or terminated, 
the Associate Administrator notifies the holder or party in writing of 
the proposed action and the reasons for it, and provides an opportunity 
to show cause why the proposed action should not be taken.
    (1) The holder or party may file a written response that shows cause 
why the proposed action should not be taken within 30 days of receipt of 
notice of the proposed action.
    (2) After considering the holder's or party's written response, or 
after 30 days have passed without response since receipt of the notice, 
the Associate Administrator notifies the holder or party in writing of 
the final decision with a brief statement of reasons.
    (d) The Associate Administrator, if necessary to avoid a risk of 
significant harm to persons or property, may in the notification declare 
the proposed action immediately effective.