What does 49 CFR 107.121 (Modification, suspension or termination of special permit or grant of party status) require?

Short answer

49 CFR 107.121 requires the Associate Administrator to modify, suspend, or terminate a special permit or grant of party status under certain conditions, including changes in circumstances, inaccurate or incomplete information, or violations of the terms of the special permit.

The rule says

"The Associate Administrator may modify a special permit or grant of party status on finding that: (1) Modification is necessary so that the special permit reflects current statutes and regulations; or (2) Modification is required by changed circumstances to meet the standards of § 107.113(f)." (49 CFR 107.121(a))

"The Associate Administrator may modify, suspend or terminate a special permit or grant of party status, as appropriate, on finding that: (1) Because of a change in circumstances, the 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 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 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 special permit." (49 CFR 107.121(b))

In plain English

This regulation gives the Associate Administrator the authority to modify, suspend, or terminate a special permit or grant of party status if certain conditions are met, such as changes in circumstances or violations of the terms of the special permit. The Associate Administrator must provide notice and an opportunity for the holder or party to respond before taking action, unless the action is necessary to avoid a risk of significant harm to persons or property.

What to do

• Review the conditions under which a special permit or grant of party status may be modified, suspended, or terminated.
• Ensure that all information provided in the application is accurate and complete.
• Comply with the terms of the special permit and all applicable regulatory requirements.
• Respond promptly to any notice from the Associate Administrator regarding a proposed action.