Skip Top Navigation
PHMSA Office of Hazardous Materials Safety
Rules and Regulations Special Permits and Approvals Training Information Publications and Reports e-hazmat Online Purchases and Payments Risk Management Enforcement  
Skip side navigation
107.401 Purpose and scope
107.402 Application for designation as an approval or certification agency
107.403 Designation of approval agencies
107.404 Conditions of designation
107.405 Termination of designation
 

[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: 49CFR107.405]

[Page 45-46]
                        TITLE 49--TRANSPORTATION

 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents

      Subpart E--Designation of Approval and Certification Agencies

Sec. 107.405  Termination of designation.

    (a) Any designation issued under Sec. 107.403 of this subchapter may 
be suspended or terminated if the Associate

[[Page 46]]

Administrator for Hazardous Materials Safety determines that:

    (1) The application for designation contained a misrepresentation, 
or the applicant willfully concealed a material fact.

    (2) The approval agency failed to comply with a term or condition 
stated in the agency's letter of designation.

    (3) The Competent Authority of an approval agency of a country 
outside the United States has failed to initiate, maintain or recognize 
a qualified U.S. approval agency.

    (b) Before a designation is suspended or terminated, the Associate 
Administrator for Hazardous Materials Safety shall give to the approval 
agency:

    (1) Written notice of the facts or conduct believed to warrant 
suspension or termination of the designation.

    (2) Sixty days in which to show in writing why the designation 
should not be suspended or terminated.

[Amdt. 107-13, 50 FR 10062, Mar. 13, 1985, as amended by Amdt. 107-23, 
56 FR 66157, Dec. 20, 1991]
link to PHMSA home page Link to Hazmat home page