[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.121]

[Page 27]
 
                        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_Special Permits
 
Sec.  107.121  Modification, suspension or termination of special permit or grant of party status.

    (a) The Associate Administrator may modify an exemption, a special 
permit, or grant of party status on finding that:
    (1) Modification is necessary so that the exemption or special 
permit 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 special permit or grant of party status, as appropriate, on 
finding that:
    (1) Because of a change in circumstances, the exemption, special 
permit, 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, special permit, 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, special permit 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 or special permit.
    (c) Except as provided in paragraph (d) of this section, before an 
exemption, special permit, 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.

[Amdt. 107-38, 61 FR 21095, May 9, 1996, as amended at 70 FR 73161, Dec. 
9, 2005]