46 CFR 540.8 - Denial, revocation, suspension, or modification.

Status message

There is 1 Update appearing in the Federal Register for 46 CFR Part 540. View below or at eCFR (GPOAccess)
§ 540.8 Denial, revocation, suspension, or modification.

(a) Prior to the denial, revocation, suspension, or modification of a Certificate (Performance), the Commission shall notify the applicant of its intention to deny, revoke, suspend, or modify and shall include with the notice the reason(s) for such action. If the applicant, within 20 days after the receipt of such notice, requests a hearing to show that the evidence of financial responsibility filed with the Commission does meet the rules of this subpart, such hearing shall be granted by the Commission. Regardless of a hearing, a Certificate (Performance) shall become null and void upon cancellation or termination of the surety bond, evidence of insurance, guaranty, or escrow account.

(b) A Certificate (Performance) may be denied, revoked, suspended, or modified for any of the following reasons:

(1) Making any willfully false statement to the Commission in connection with an application for a Certificate (Performance);

(2) Circumstances whereby the party does not qualify as financially responsible in accordance with the requirements of the Commission;

(3) Failure to comply with or respond to lawful inquiries, requests for information, rules, regulations, or orders of the Commission pursuant to the rules of this subpart.

(c) If the applicant, within 20 days after notice of the proposed denial, revocation, suspension, or modification under paragraph (b) of this section, requests a hearing to show that such denial, revocation, suspension, or modification should not take place, such hearing shall be granted by the Commission.

[ 49 FR 36313, Sept. 14, 1984, as amended at 78 FR 13278, Feb. 27, 2013]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code

Title 46 published on 2015-12-02

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 46 CFR Part 540 after this date.

  • 2016-08-29; vol. 81 # 167 - Monday, August 29, 2016
    1. 81 FR 59141 - Update of Existing and Addition of New User Fees
      GPO FDSys XML | Text
      FEDERAL MARITIME COMMISSION
      Final rule.
      Effective October 1, 2016.
      46 CFR Parts 502, 503, 515, 520, 530, 531, 535, 540, 550, 555, and 560

Title 46 published on 2015-12-02.

The following are only the Rules published in the Federal Register after the published date of Title 46.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2016-08-29; vol. 81 # 167 - Monday, August 29, 2016
    1. 81 FR 59141 - Update of Existing and Addition of New User Fees
      GPO FDSys: XML | Text
      FEDERAL MARITIME COMMISSION
      Final rule.
      Effective October 1, 2016.
      46 CFR Parts 502, 503, 515, 520, 530, 531, 535, 540, 550, 555, and 560