Ask X3What does 49 CFR 107.111 (Withdrawal) require?
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Short answer
An application may be withdrawn at any time before a decision to grant or deny it is made. Withdrawal of an application does not authorize the removal of any related records from the PHMSA dockets or files.
The rule says
"An application may be withdrawn at any time before a decision to grant or deny it is made." (49 CFR 107.111)
"Withdrawal of an application does not authorize the removal of any related records from the PHMSA dockets or files." (49 CFR 107.111)
"Applications that are eligible for confidential treatment under § 105.30 will remain confidential after the application is withdrawn." (49 CFR 107.111)
In plain English
When an applicant decides to withdraw their application, they can do so at any point before the decision is made. However, this withdrawal does not mean that all related documents and records will be removed from the PHMSA's files. The confidentiality of certain information will still be maintained even after the application is withdrawn. This is particularly important for trade secrets and commercial or financial information, which will remain confidential indefinitely unless the applicant requests otherwise.
What to do
- Ensure that the withdrawal request is made before a decision on the application is reached.
- Do not remove any related records from the PHMSA dockets or files upon withdrawal.
- Verify that confidential information, such as trade secrets and commercial or financial information, will remain protected after withdrawal.