Termination of approval.

(a) The Associate Administrator may terminate an approval issued under § 173.300a or § 173.300b of this subpart if he determines:

(1) That information upon which approval was based is fraudulent or substantially erroneous;

(2) That the holder has not complied with subchapter C of this chapter;

(3) That, in the case of an independent inspection agency, the agency or an employee thereof is or appears to be controlled or improperly influenced by cylinder manufacturing interests;

(4) That the holder is subject to an outstanding final judgment of a Federal court which concerns the enforcement of subchapter C of this chapter and which has not been satisfied within a reasonable period of time; or

(5) That continuation of the approval is not consistent with the requirements of transportation safety.

(b) The Associate Administrator, before he terminates an approval issued under § 173.300a or § 173.300b of this subpart, notifies the holder in writing of the reasons therefor and provides the holder an opportunity to show why the approval should not be terminated.

[Amdt. 173-97, 41 FR 18415, May 4, 1976, as amended by Amdt. 173-142, 45 FR 81572, Dec. 11, 1980; Amdt. 173-224, 56 FR 66279, Dec. 20, 1991; 66 FR 45379, Aug. 28, 2001]