[Code of Federal Regulations]


[Title 49, Volume 2, Parts 100 to 185]


[Revised as of October 1, 1998]


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


[CITE: 49CFR107.121]





[Page 22]


 


                        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.