[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR107.121]



[Page 26]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY 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.