{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 707 sorted by section_id", "rows": [["10:10:5.0.2.5.3.1.5.1", 10, "Energy", "III", "", "707", "PART 707\u2014WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 707.1 Purpose.", "DOE", "", "", "", "The Department of Energy (DOE) promulgates this part in order to protect the environment, maintain public health and safety, and safeguard the national security. This part establishes policies, criteria, and procedures for developing and implementing programs that help to maintain a workplace free from the use of illegal drugs. It applies to DOE contractors and subcontractors performing work at sites owned or controlled by DOE and operated under the authority of the Atomic Energy Act of 1954, as amended, and to individuals with unescorted access to the control areas of certain DOE reactors. The procedures include detection of the use of illegal drugs by current or prospective contractor employees in testing designated positions."], ["10:10:5.0.2.5.3.1.5.2", 10, "Energy", "III", "", "707", "PART 707\u2014WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 707.2 Scope.", "DOE", "", "", "", "(a) This part applies to the following contracts with DOE, at sites owned or controlled by DOE which are operated under the authority of the Atomic Energy Act of 1954, as amended:\n\n(1) Management and operating contracts; and\n\n(2) Other contracts or subcontracts with a value of $25,000 or more, and which have been determined by DOE to involve:\n\n(i) Access to or handling of classified information or special nuclear materials;\n\n(ii) High risk of danger to life, the environment, public health and safety, or national security; or\n\n(iii) Transportation of hazardous materials to or from a DOE site.\n\n(b) Individuals described in \u00a7 707.7 (b) and (c) will be subject to random drug testing; to drug testing as a result of an occurrence, as described in \u00a7 707.9; and to drug testing on the basis of reasonable suspicion, as described in \u00a7 707.10.\n\n(c) Applicants for employment in testing designated positions will be tested in accordance with \u00a7 707.8."], ["10:10:5.0.2.5.3.1.5.3", 10, "Energy", "III", "", "707", "PART 707\u2014WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 707.3 Policy.", "DOE", "", "", "", "It is the policy of DOE to conduct its programs so as to protect the environment, maintain public health and safety, and safeguard the national security. This policy is advanced in this rule by requiring contractors and subcontractors within its scope to adopt procedures consistent with the baseline requirements of this part, and to impose significant sanctions on individuals in testing designated positions or with unescorted access to the control areas of certain DOE reactors, who use or are involved with illegal drugs."], ["10:10:5.0.2.5.3.1.5.4", 10, "Energy", "III", "", "707", "PART 707\u2014WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 707.4 Definitions.", "DOE", "", "", "[57 FR 32656, July 22, 1992, as amended at 80 FR 5008, Jan. 30, 2015]", "For the purposes of this part, the following definitions apply:\n\nCollection Site Person  means a technician or other person trained and qualified to take urine samples and to secure urine samples for later laboratory analysis.\n\nConfirmed Positive Test  means, for drugs, a finding based on a positive initial or screening test result, confirmed by another positive test on the same sample. The confirmatory test must be by the gas chromatography/mass spectrometry method.\n\nCounseling  means assistance provided by qualified professionals to employees, especially, but not limited to those employees whose job performance is, or might be, impaired as a result of illegal drug use or a medical-behavioral problem; such assistance may include short-term counseling and assessment, crisis intervention, referral to outside treatment facilities, and follow-up services to the individual after completion of treatment and return to work.\n\nDrug Certification  means a written assurance signed by an individual with known past illegal drug involvement, as a condition for obtaining or retaining a DOE access authorization, stating that the individual will refrain from using or being involved with illegal drugs while employed in a position requiring DOE access authorization (security clearance).\n\nEmployee Assistance  means a program of counseling, referral, and educational services concerning illegal drug use and other medical, mental, emotional, or personal problems of employees, particularly those which adversely affect behavior and job performance.\n\nHazardous Material  means any material subject to the placarding requirements of 49 CFR 172.504, table 1, and materials presenting a poison-inhalation hazard that must be placarded under the provisions of 49 CFR 172.505.\n\nHead of DOE Field Element  means an individual who is the manager or head of the DOE operations office or field office.\n\nIllegal Drug  means a controlled substance, as specified in Schedules I through V of the Controlled Substances Act, 21 U.S.C. 811, 812. The term \u201cillegal drugs\u201d does not apply to the use of a controlled substance in accordance with terms of a valid prescription, or other uses authorized by law.\n\nManagement and Operating Contract  means an agreement for the operation, maintenance, or support, on behalf of the Government, of a Government-owned or controlled research, development, special production, or testing establishment wholly or principally devoted to one or more major programs of DOE.\n\nMedical Review Officer  (MRO) means a licensed physician, approved by DOE to perform certain functions under this part. The MRO is responsible for receiving laboratory results generated by an employer's drug testing program, has knowledge of illegal drug use and other substance abuse disorders, and has appropriate medical training to interpret and evaluate an individual's positive test result, together with that person's medical history and any other relevant biomedical information. For purposes of this part a physician from the site occupational medical department may be the MRO.\n\nOccurrence  means any event or incident that is a deviation from the planned or expected behavior or course of events in connection with any Department of Energy or Department of Energy-controlled operation, if the deviation has environmental, public health and safety, or national security protection significance. Incidents having such significance include the following, or incidents of a similar nature:\n\n(1) Injury or fatality to any person involving actions of a Department of Energy contractor employee.\n\n(2) Involvement of nuclear explosives under Department of Energy jurisdiction which results in an explosion, fire, the spread of radioactive material, personal injury or death, or significant damage to property.\n\n(3) Accidental release of pollutants which results or could result in a significant effect on the public or environment.\n\n(4) Accidental release of radioactive material above regulatory limits.\n\nRandom Testing  means the unscheduled, unannounced urine drug testing of randomly selected individuals in testing designated positions, by a process designed to ensure that selections are made in a non-discriminatory manner.\n\nReasonable Suspicion  means a suspicion based on an articulable belief that an employee uses illegal drugs, drawn from particularized facts and reasonable inferences from those facts, as detailed further in \u00a7 707.10.\n\nReferral  means the direction of an individual toward an employee assistance program or to an outside treatment facility by the employee assistance program professional, for assistance with prevention of illegal drug use, treatment, or rehabilitation from illegal drug use or other problems. Referrals to an employee assistance program can be made by the individual (self-referral), by contractor supervisors or managers, or by a bargaining unit representative.\n\nRehabilitation  means a formal treatment process aimed at the resolution of behavioral-medical problems, including illegal drug use, and resulting in such resolution.\n\nSpecial Nuclear Material  has the same meaning as in section 11aa of the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).\n\nSpecimen Chain of Custody Form  is a form used to document the security of the specimen from time of collection until receipt by the laboratory. This form, at a minimum, shall include specimen identifying information, date and location of collection, name and signature of collector, name of testing laboratory, and the names and signatures of all individuals who had custody of the specimen from time of collection until the specimen was prepared for shipment to the laboratory.\n\nTesting Designated Position  names a position whose incumbents are subject to drug testing under this part."], ["10:10:5.0.2.5.3.2.5.1", 10, "Energy", "III", "", "707", "PART 707\u2014WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES", "B", "Subpart B\u2014Procedures", "", "\u00a7 707.5 Submission, approval, and implementation of a baseline workplace substance abuse program.", "DOE", "", "", "[57 FR 32656, July 22, 1992,, as amended at 80 FR 5008, Jan. 30, 2015]", "(a) Each contractor subject to this part shall develop a written program consistent with the requirements of this part and the guidelines of the Department of Health and Human Services and subsequent amendments to those guidelines (\u201cMandatory Guidelines for Federal Workplace Drug Testing Programs,\u201d 53 FR 11970, April 11, 1988; hereinafter \u201cHHS Mandatory Guidelines\u201d), and applicable to appropriate DOE sites. Such a program shall be submitted to DOE for review and approval, and shall include at least the following baseline elements:\n\n(1) Prohibition of the use; possession, sale, distribution, or manufacture of illegal drugs at sites owned or controlled by DOE;\n\n(2) Plans for instruction of supervisors and employees concerning problems of substance abuse, including illegal drug use, and the availability of assistance through the employee assistance program and referrals to other resources, and the penalties that may be imposed upon employees for drug-related violations occurring on the DOE owned or controlled site;\n\n(3) Provision for distribution to all employees engaged in performance of the contract on the DOE owned or controlled site of a statement which sets forth the contractor's policies prohibiting the possession, sale, distribution, or manufacture of illegal drugs at the DOE owned or controlled site. The statement shall include notification to all employees that as a condition of employment under the contract, the employee will:\n\n(i) Abide by the terms of the statement; and\n\n(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring on the DOE owned or controlled site no later than 10 calendar days after such conviction;\n\n(4) Provision for written notification to the DOE contracting officer within 10 calendar days after receiving notice under paragraph (a)(3)(ii) of this section, from an employee or otherwise receiving actual notice of an employee's conviction of a drug-related offense;\n\n(5) Provision for imposing one of the following actions, with respect to any employee who is convicted of a drug-related violation occurring in the workplace, within 30 calendar days after receiving such notice of conviction under paragraph (a)(4) of this section;\n\n(i) Taking appropriate personnel action against such employee, up to and including termination; or\n\n(ii) Offering such employee, consistent with the contractor's policies, an opportunity to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. If the employee does not participate in such a rehabilitation program, the contractor must take appropriate personnel action, up to and including termination, in accordance with the contractor's policies.\n\n(6) Commitment to make a good faith effort to maintain a workplace free of substance abuse through implementation of paragraphs (a)(1) through (a)(5) of this section.\n\n(b) In addition, the following baseline elements must be included in programs developed by contractors that have identified testing designated positions (see \u00a7 707.7(b));\n\n(1) Notification to DOE of the positions subject to drug testing;\n\n(2) Prohibition of individuals in testing designated positions who are not free from the use of illegal drugs from working in those positions;\n\n(3) Sanctions for individuals in testing designated positions who violate the prohibitions of paragraphs (a)(1) or (b)(2) of this section;\n\n(4) Provision for:\n\n(i) Notification, at least 60 days in advance of initiating testing, to those individuals subject to drug testing, unless the contractor is currently conducting a testing program.\n\n(ii) Urine drug analysis of applicants for testing designated positions before final selection for employment or assignment;\n\n(iii) Random urine drug analysis for employees in testing designated positions;\n\n(iv) Urine drug analysis for employees in testing designated positions on the basis of reasonable suspicion, as a result of an occurrence, or as a follow-up to rehabilitation; and\n\n(v) Random urine drug analysis and urine drug analysis on the basis of reasonable suspicion or as the result of an occurrence, for any individual with unescorted access to the control areas of certain DOE reactors (see \u00a7 707.7(c)).\n\n(vi) Written notice to the contractor by an employee in a testing designated position of a drug-related arrest or conviction, or receipt of a positive drug test result regarding that employee, as soon as possible but within 10 calendar days of such arrest, conviction, or receipt; and\n\n(vii) Appropriate action, if any, to be taken regarding an employee who:\n\n(A) is arrested for or convicted of a drug-related offense; or\n\n(B) has a positive drug test result (consistent with \u00a7 707.14).\n\n(5) Provision to employees of the opportunity for rehabilitation, consistent with the contractor's policies, under circumstances as provided in this part (see \u00a7 707.14(b));\n\n(6) Immediate notification to DOE security officials whenever the circumstances in connection with procedures under this part raise a security concern as provided in DOE Orders, rules and regulations; such circumstances including, but are not necessarily limited to, a determination that an individual holding a DOE access authorization has used an illegal drug.\n\n(c) Each contractor's written policy and procedures under this part shall comply with the requirements of 10 CFR part 710, \u201cCriteria and Procedures for Determining Eligibility for Access to Classified Matter or Significant Quantities of Special Nuclear Material.\u201d\n\n(d) Contractors are required to submit all subcontracts they believe to be within the scope of this part to the Head of DOE Field Element for a determination as to whether the subcontract falls within the scope of this part. Subcontractors so determined to be within the scope of this part shall be required to agree to comply with its requirements, as a condition of eligibility for performing the subcontract work. Each subcontractor subject to this part shall submit its plan to the appropriate prime contractor for approval; the contractor shall be responsible for periodically monitoring the implementation of the subcontractor's program for effectiveness and compliance with this part.\n\n(e) In reviewing each proposed workplace substance abuse plan, the Head of DOE Field Element shall decide whether the program meets the applicable baseline requirements established by this part. The responsible Head of DOE Field Element will reject proposed workplace substance abuse plans that are deemed not to meet the baseline requirements. The Head of DOE Field Element shall provide the contractor with a written notification regarding the decision as to the acceptability of the plan. Nothing in this rule is intended to prohibit any contractor subject to this part from implementing workplace substance abuse requirements additional to those of the baseline, including drug testing employees and applicants for employment in any position and testing for any illegal drugs. However, the contractor shall inform Head of DOE Field Element of such additional requirements at least 30 days prior to implementation.\n\n(f) DOE shall periodically review and evaluate each contractor's program, including the contractor's oversight of the covered subcontractors, to assure effectiveness and compliance with this part.\n\n(g) Contractors or proposers will submit their program to the appropriate Head of DOE Field Element for review within 30 days of notification by the appropriate Head of DOE Field Element that the contract or proposed contract falls within the scope of this part. Workplace substance abuse programs, as provided in this part, shall be implemented within 30 days of approval by the Head of DOE Field Element. The Head of DOE Field Element may grant an extension to the notification or implementation period, as warranted by local conditions. Implementation may require changes to collective bargaining agreements as discussed in \u00a7 707.15 of this part.\n\n(h) To assure consistency of application, The Head of DOE Field Element shall periodically review designated contracts and testing designated positions included in the workplace substance abuse plans approved by The Head of DOE Field Element. The Head of DOE Field Element will also periodically review implementation of programs conducted by prime contractors, to assure consistency of application among prime contracts (and subcontracts where appropriate).\n\n(i) This part preempts any State or local law, rule, regulation, order, or standard to the extent that:\n\n(1) compliance with both the State or local requirement and any requirements in this part is not possible; or\n\n(2) compliance with the State or local requirement is an obstacle to the accomplishments and execution of any requirement in this part."], ["10:10:5.0.2.5.3.2.5.10", 10, "Energy", "III", "", "707", "PART 707\u2014WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES", "B", "Subpart B\u2014Procedures", "", "\u00a7 707.14 Action pursuant to a determination of illegal drug use.", "DOE", "", "", "[57 FR 32656, July 22, 1992,, as amended at 80 FR 5008, Jan. 30, 2015; 87 FR 49979, Aug. 15, 2022]", "(a) When an applicant for employment has been tested and determined to have used an illegal drug, processing for employment will be terminated and the applicant will be so notified.\n\n(b)(1) When an employee who is in a testing designated position has been tested and determined to have used an illegal drug, the contractor shall immediately remove that employee from the testing designated position; if such employee also holds, or is an applicant for, an access authorization, then the contractor shall immediately notify DOE security officials for appropriate adjudication. If this is the first determination of use of illegal drugs by that employee (for example, the employee has not previously signed a DOE drug certification, and has not previously tested positive for use of illegal drugs), the employee may be offered a reasonable opportunity for rehabilitation, consistent with the contractor's policies. If rehabilitation is offered, the employee will be placed in a non-testing designated position, which does not require a security clearance, provided there is such an acceptable position in which the individual can be placed during rehabilitation; if there is no acceptable non-testing designated position, the employee will be placed on sick, annual, or other leave status, for a reasonable period sufficient to permit rehabilitation. However, the employee will not be protected from disciplinary action which may result from violations of work rules other than a positive test result for illegal drugs.\n\n(2) Following a determination by the site occupational medical department, after counseling or rehabilitation, that the employee can safely return to duty, the contractor may offer the employee reinstatement, in the same or a comparable position to the one held prior to the removal, consistent with the contractor's policies and the requirements of 10 CFR part 710. Failure to take the opportunity for rehabilitation, if it has been made available, for the use of illegal drugs, will require significant disciplinary action up to and including removal from employment under the DOE contract, in accordance with the contractor's policies. Any employee who is twice determined to have used illegal drugs shall in all cases be removed from employment under the DOE contract. Also, if an employee who has signed a DOE drug certification violates the terms of the certification, DOE shall conduct a timely review of the circumstances of such violation, and the individual's continued eligibility for a DOE access authorization shall be determined under the provisions of 10 CFR part 710, \u201cCriteria and Procedures for Determining Eligibility for Access to Classified Matter or Significant Quantities of Special Nuclear Material.\u201d\n\n(c) An employee who has been removed from a testing designated position because of the use of illegal drugs may not be returned to such position until that employee has:\n\n(1) Successfully completed counseling or a program of rehabilitation;\n\n(2) Undergone a urine drug test with a negative result; and\n\n(3) Been evaluated by the site occupational medical department, which has determined that the individual is capable of safely returning to duty.\n\n(d) An individual who is not an employee of a contractor who has been denied unescorted access because of the use of illegal drugs may not have the unescorted access reinstated until that individual has:\n\n(1) Provided evidence of successful completion of counseling or a program of rehabilitation;\n\n(2) Undergone a urine drug test with a negative result; and\n\n(3) Been evaluated by the site occupational medical department, which has determined that the individual is capable of being permitted unescorted access to a reactor control area.\n\n(e) If a DOE access authorization is involved, DOE must be notified of a contractor's intent to return to a testing designated position an employee removed from such duty for use of illegal drugs. Positions identified in \u00a7 707.7(b)(1) of this part will require DOE approval prior to return to a testing designated position.\n\n(f) An individual who has been notified of a positive test result may request a retest of the same sample at the same or another certified laboratory. The individual shall bear the costs of transportation and/or testing of the specimen. The contractor will inform employees of their right to request a retest under the provisions of this paragraph.\n\n(g) After an employee determined to have used illegal drugs has been returned to duty, the employee shall be subject to unannounced drug testing, at intervals, for a period of 12 months."], ["10:10:5.0.2.5.3.2.5.11", 10, "Energy", "III", "", "707", "PART 707\u2014WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES", "B", "Subpart B\u2014Procedures", "", "\u00a7 707.15 Collective bargaining.", "DOE", "", "", "", "When establishing drug testing programs, contractors who are parties to collective bargaining agreements will negotiate with employee representatives, as appropriate, under labor relations laws or negotiated agreements. Such negotiation, however, cannot change or alter the requirements of this rule because DOE security requirements themselves are non-negotiable under the security provisions of DOE contracts. Employees covered under collective bargaining agreements will not be subject to the provisions of this rule until those agreements have been modified, as necessary; provided, however, that if one year after commencement of negotiation the parties have failed to reach agreement, an impasse will be determined to have been reached and the contractor will unilaterally implement the requirements of this rule."], ["10:10:5.0.2.5.3.2.5.12", 10, "Energy", "III", "", "707", "PART 707\u2014WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES", "B", "Subpart B\u2014Procedures", "", "\u00a7 707.16 Records.", "DOE", "", "", "", "(a) Confirmed positive test results shall be provided to the Medical Review Officer and other contractor and DOE officials with a need to know. Any other disclosure may be made only with the written consent of the individual.\n\n(b) Contractors shall maintain maximum confidentiality of records related to illegal drug use, to the extent required by applicable statutes and regulations (including, but not limited to, 42 U.S.C. 290dd-3, 42 U.S.C. 290ee-3, and 42 CFR part 2). If such records are sought from the contractor for criminal investigations, or to resolve a question or concern relating to the Personnel Assurance Program certification or access authorization under 10 CFR part 710, any applicable procedures in statute or regulation for disclosure of such information shall be followed. Moreover, owing to DOE's express environmental, public health and safety, and national security interests, and the need to exercise proper contractor oversight, DOE must be kept fully apprised of all aspects of the contractor's program, including such information as incidents involving reasonable suspicion, occurrences, and confirmed test results, as well as information concerning test results in the aggregate.\n\n(c) Unless otherwise approved by DOE, the contractors shall ensure that all laboratory records relating to positive drug test results, including initial test records and chromatographic tracings, shall be retained by the laboratory in such a manner as to allow retrieval of all information pertaining to the individual urine specimens for a minimum period of five years after completion of testing of any given specimen, or longer if so instructed by DOE or by the contractor. In addition, a frozen sample of all positive urine specimens shall be retained by the laboratory for at least six months, or longer if so instructed by DOE.\n\n(d) The contractor shall maintain as part of its medical records copies of specimen chain of custody forms.\n\n(e) The specimen chain of custody form will contain the following information:\n\n(1) Date of collection;\n\n(2) Tested person's name;\n\n(3) Tested employee/applicant's social security number or other identification number unique to the individual;\n\n(4) Specimen number;\n\n(5) Type of test (random, applicant, occurrence, reasonable suspicion, follow-up, or other);\n\n(6) Temperature range of specimen;\n\n(7) Remarks regarding unusual behavior or conditions;\n\n(8) Collector's signature; and\n\n(9) Certification signature of specimen provider certifying that specimen identified is in fact the specimen the individual provided."], ["10:10:5.0.2.5.3.2.5.13", 10, "Energy", "III", "", "707", "PART 707\u2014WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES", "B", "Subpart B\u2014Procedures", "", "\u00a7 707.17 Permissible actions in the event of contractor noncompliance.", "DOE", "", "", "", "Actions available to DOE in the event of contractor noncompliance with the provisions of this part or otherwise performing in a manner inconsistent with its approved program include, but are not limited to, suspension or debarment, contract termination, or reduction in fee in accordance with the contract terms."], ["10:10:5.0.2.5.3.2.5.2", 10, "Energy", "III", "", "707", "PART 707\u2014WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES", "B", "Subpart B\u2014Procedures", "", "\u00a7 707.6 Employee assistance, education, and training.", "DOE", "", "", "", "Contractor programs shall include the following or appropriate alternatives:\n\n(a) Employee assistance programs emphasizing preventive services, education, short-term counseling, coordination and referral to outside agencies, and follow-up. These services shall be available to all contractor on-site employees involved in the DOE contract. The contractor has no obligation to pay the costs of any individual's counseling, treatment, or rehabilitation beyond those services provided by the contractor's employee assistance program, except as provided for in the contractor's benefits programs. DOE undertakes no obligation to pay for any individual's counseling, rehabilitation, or treatment, unless specifically provided for by contract.\n\n(b) Education and training programs for on-site employees on a periodic basis, which will include, at a minimum, the following subjects:\n\n(1) For all on-site employees: Health aspects of substance abuse, especially illegal drug use; safety, security, and other workplace-related problems caused by substance abuse, especially illegal drug use; the provisions of this rule; the employer's policy; and available employee assistance services.\n\n(2) For managers and supervisors:\n\n(i) The subjects listed in paragraph (b)(1) of this section;\n\n(ii) Recognition of deteriorating job performance or judgment, or observation of unusual conduct which may be the result of possible illegal drug use;\n\n(iii) Responsibility to intervene when there is deterioration in performance, or observed unusual conduct, and to offer alternative courses of action that can assist the employee in returning to satisfactory performance, judgment, or conduct, including seeking help from the employee assistance program;\n\n(iv) Appropriate handling and referral of employees with possible substance abuse problems, especially illegal drug use; and\n\n(v) Employer policies and practices for giving maximum consideration to the privacy interests of employees and applicants."], ["10:10:5.0.2.5.3.2.5.3", 10, "Energy", "III", "", "707", "PART 707\u2014WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES", "B", "Subpart B\u2014Procedures", "", "\u00a7 707.7 Random drug testing requirements and identification of testing designated positions.", "DOE", "", "", "[57 FR 32656, July 22, 1992, as amended at 73 FR 3863, Jan. 23, 2008; 80 FR 5008, Jan. 30, 2015; 87 FR 49978, Aug. 15, 2022]", "(a)(1) Each workplace substance abuse program will provide for random testing for evidence of the use of illegal drugs of employees in testing designated positions identified in this section.\n\n(2) Programs developed under this part for positions identified in paragraphs (b)(2) and (3) of this section shall provide for random tests at a rate equal to 30 percent of the total number of employees in testing designated positions for each 12-month period. Employees in the positions identified in paragraph (b)(1) of this section and individuals identified in paragraph (c) of this section will be subject to random testing at a rate equal to 100 percent of the total number of employees or individuals, as applicable, identified, and those identified in paragraphs (b)(1) and (c) may be subject to additional drug tests.\n\n(b) The testing designated positions subject to random drug testing are:\n\n(1) Positions determined to be covered by the Human Reliability Program (HRP), codified at 10 CFR part 712. HRP employees will be subject to the drug testing standards of this part and any additional requirements of the HRP rule.\n\n(2) Positions identified by the contractor which entail duties where failure of an employee adequately to discharge his or her position could significantly harm the environment, public health or safety, or national security, such as:\n\n(i) Pilots;\n\n(ii) Firefighters;\n\n(iii) Protective force personnel, exclusive of those covered in paragraph (b)(1) and (c) of this section, in positions involving use of firearms where the duties also require potential contact with, or proximity to, the public at large;\n\n(iv) Personnel directly engaged in construction, maintenance, or operation of nuclear reactors;\n\n(v) Personnel directly engaged in production, use, storage, transportation, or disposal of hazardous materials sufficient to cause significant harm to the environment or public health and safety; or\n\n(vi) All other personnel in positions that require an access authorization (security clearance), other than those identified in paragraphs (b)(1) and (c) of this section.\n\n(3) Other positions determined by the DOE, after consultation with the contractor, to have the potential to significantly affect the environment, public health and safety, or national security.\n\n(c) Each contractor shall require random testing of any individual, whether or not an employee, who is allowed unescorted access to the control areas of the following DOE reactors: Advanced Test Reactor (ATR) and High Flux Isotope Reactor (HFIR). A confirmed positive test shall result in such an individual being denied unescorted access. If such an individual is not an employee of the contractor, that individual may be granted unescorted access only after the individual meets the conditions established in \u00a7 707.14(d) of this part. If, after restoration of unescorted access, such an individual is determined to have used illegal drugs for a second time, unescorted access shall be denied for a period of not less than three (3) years. Such an individual thereafter shall be granted unescorted access only upon a determination by the Head of DOE Field Element that a grant of unescorted access to the individual presents no unacceptable safety or security risk. If such an individual is an employee, that individual is subject to the other requirements of this part, including appropriate disciplinary measures.\n\n(d) A position otherwise subject to testing under this part may be exempted from such testing if it is within the scope of another comparable Federal drug testing program, as determined by DOE, after consultation with the contractor, to avoid unnecessary multiple tests."], ["10:10:5.0.2.5.3.2.5.4", 10, "Energy", "III", "", "707", "PART 707\u2014WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES", "B", "Subpart B\u2014Procedures", "", "\u00a7 707.8 Applicant drug testing.", "DOE", "", "", "", "An applicant for a testing designated position will be tested for the use of illegal drugs before final selection for employment or assignment to such a position. Provisions of this part do not prohibit contractors from conducting drug testing on applicants for employment in any position."], ["10:10:5.0.2.5.3.2.5.5", 10, "Energy", "III", "", "707", "PART 707\u2014WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES", "B", "Subpart B\u2014Procedures", "", "\u00a7 707.9 Drug testing as a result of an occurrence.", "DOE", "", "", "", "When there is an occurrence which is required to be reported to DOE by the contractor, under contract provisions incorporating applicable DOE Orders, rules, and regulations, it may be necessary to test individuals in testing designated positions, or individuals with unescorted access to the control areas of the DOE reactors listed in \u00a7 707.7(c), for the use of illegal drugs, if such individuals could have caused or contributed to the conditions which caused the occurrence. For an occurrence requiring immediate notification or reporting as required by applicable DOE Orders, rules, and regulations, the contractor will require testing as soon as possible after the occurrence but within 24 hours of the occurrence, unless DOE determines that it is not feasible to do so. For other occurrences requiring notifications to DOE as required by applicable DOE Orders, rules, and regulations, the contractor may require testing."], ["10:10:5.0.2.5.3.2.5.6", 10, "Energy", "III", "", "707", "PART 707\u2014WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES", "B", "Subpart B\u2014Procedures", "", "\u00a7 707.10 Drug testing for reasonable suspicion of illegal drug use.", "DOE", "", "", "[57 FR 32656, July 22, 1992, as amended at 80 FR 5008, Jan. 30, 2015]", "(a)(1) It may be necessary to test any employee in a testing designated position, or individuals with unescorted access to the control areas of the DOE reactors listed in \u00a7 707.7(c), for the use of illegal drugs, if the behavior of such an individual creates the basis for reasonable suspicion of the use of illegal drugs. Two or more supervisory or management officials, at least one of whom is in the direct chain of supervision of the employee, or is a physician from the site occupational medical department, must agree that such testing is appropriate. Reasonable suspicion must be based on an articulable belief that an employee uses illegal drugs, drawn from particularized facts and reasonable inferences from those facts.\n\n(2) Such a belief may be based upon, among other things:\n\n(i) Observable phenomena, such as direct observation of:\n\n(A) The use or possession of illegal drugs; or\n\n(B) The physical symptoms of being under the influence of drugs;\n\n(ii) A pattern of abnormal conduct or erratic behavior;\n\n(iii) Arrest for a conviction of a drug related offense, or the identification of the individual as the focus of a criminal investigation into illegal drug possession use, or trafficking;\n\n(iv) Information that is either provided by a reliable and credible source or is independently corroborated;\n\n(v) Evidence that an employee has tampered with a drug test; or\n\n(vi) Temperature of the urine specimen is outside the range of 32-38 degrees centigrade or 90-100 degrees Fahrenheit.\n\n(b) The fact that an employee had a confirmed positive test for the use for the use of illegal drugs at some prior time, or has undergone a period of rehabilitation or treatment, will not, in and of itself, be grounds for testing on the basis of reasonable suspicion.\n\n(c) The requirements of this part relating to the testing for the use of illegal drugs are not intended to prohibit the contractor from pursuing other existing disciplinary procedures or from requiring medical evaluation of any employee exhibiting aberrant or unusual behavior."], ["10:10:5.0.2.5.3.2.5.7", 10, "Energy", "III", "", "707", "PART 707\u2014WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES", "B", "Subpart B\u2014Procedures", "", "\u00a7 707.11 Drugs for which testing is performed.", "DOE", "", "", "", "Where testing is performed under this part, at a minimum, contractors will be required to test for the use of the following drugs or classes of drugs: marijuana; cocaine; opiates; phencyclidine; and amphetamines. However, when conducting reasonable suspicion or occurrence testing, the contractor may test for any drug listed in Schedules I or II of the Controlled Substances Act."], ["10:10:5.0.2.5.3.2.5.8", 10, "Energy", "III", "", "707", "PART 707\u2014WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES", "B", "Subpart B\u2014Procedures", "", "\u00a7 707.12 Specimen collection, handling and laboratory analysis for drug testing.", "DOE", "", "", "[57 FR 32656, July 22, 1992, as amended at 73 FR 3863, Jan. 23, 2008; 80 FR 5008, Jan. 30, 2015]", "(a) Procedures for providing urine specimens must allow individual privacy, unless there is reason to believe that a particular individual may alter or substitute the specimen to be provided. Contractors shall utilize a chain of custody procedure for maintaining control and accountability from point of collection to final disposition of specimens, and testing laboratories shall use appropriate cutoff levels in screening specimens to determine whether they are negative or positive for a specific drug, consistent with the HHS Mandatory Guidelines (see \u00a7 707.5(a)). The contractor shall ensure that only testing laboratories certified by the Department of Health and Human Services, are utilized.\n\n(b)(1) If the individual refuses to cooperate with the urine collection (e.g., refusal to provide a specimen, or to complete paperwork), then the collection site person shall inform the MRO and shall document the non-cooperation on the specimen chain of custody form. The MRO shall report the failure to cooperate to the appropriate management authority, who shall report to DOE if the individual holds an access authorization. Individuals so failing to cooperate shall be treated in all respects as if they had been tested and had been determined to have used an illegal drug. The contractor may apply additional sanctions consistent with its disciplinary policy.\n\n(2) The collection site person shall ascertain that there is a sufficient amount of urine to conduct an initial test, a confirmatory test, and a retest, in accordance with the HHS Mandatory Guidelines. If there is not a sufficient amount of urine, additional urine will be collected in a separate container. The individual may be given reasonable amounts of liquid and a reasonable amount of time in which to provide the specimen required. The individual and the collection site person must keep the specimen in view at all times. In the event that the individual fails to provide a sufficient amount of urine, the amount collected will be noted on the \u201cUrine Sample Custody Document.\u201d In this case, the collection site person will telephone the individual's supervisor who will determine the next appropriate action. This may include deciding to reschedule the individual for testing, to return the individual to his or her work site and initiate disciplinary action, or both."], ["10:10:5.0.2.5.3.2.5.9", 10, "Energy", "III", "", "707", "PART 707\u2014WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES", "B", "Subpart B\u2014Procedures", "", "\u00a7 707.13 Medical review of results of tests for illegal drug use.", "DOE", "", "", "[57 FR 32656, July 22, 1992, as amended at 80 FR 5008, Jan. 30, 2015]", "(a) All test results shall be submitted for medical review by the MRO. A confirmed positive test for drugs shall consist of an initial test performed by the immunoassay method, with positive results on that initial test confirmed by another test, performed by the gas chromatography/mass spectrometry method (GC/MS). This procedure is described in the HHS Mandatory Guidelines.\n\n(b) The Medical Review Officer will consider the medical history of the employee or applicant, as well as any other relevant biomedical information. When there is a confirmed positive test result, the employee or applicant will be given an opportunity to report to the MRO the use of any prescription or over-the-counter medication. If the MRO determines that there is a legitimate medical explanation for a confirmed positive test result, consistent with legal and non-abusive drug use, the MRO will certify that the test results do not meet the conditions for a determination of use of illegal drugs. If no such certification can be made, the MRO will make a determination of use of illegal drugs. Determinations of use of illegal drugs will be made in accordance with the criteria provided in the Medical Review Officer Manual issued by the Department of Health and Human Services."], ["40:40:33.0.1.1.6.2.1.1", 40, "Protection of Environment", "I", "R", "707", "PART 707\u2014CHEMICAL IMPORTS AND EXPORTS", "B", "Subpart B\u2014General Import Requirements and Restrictions", "", "\u00a7 707.20 Chemical substances import policy.", "EPA", "", "", "[48 FR 55464, Dec. 13, 1983, as amended at 60 FR 34463, July 3, 1995; 62 FR 1834, Jan. 14, 1997; 75 FR 69353, Nov. 12, 2010; 76 FR 49674, Aug. 11, 2011; 78 FR 37978, June 25, 2013; 84 FR 44232, Aug. 23, 2019; 89 FR 86751, Oct. 31, 2024]", "(a)  Scope.  (1) This statement addresses the policy of the Environmental Protection Agency (EPA) on importation of chemical substances, mixtures, and articles under section 13 of the Toxic Substances Control Act (TSCA; 15 U.S.C. 2601  et seq. ). In particular, it addresses aspects of the regulation promulgated by the United States Customs Service (Customs), Department of the Treasury (19 CFR 12.118 through 12.127, and 127.28 [amended]) to implement section 13 of TSCA, 15 U.S.C. 2612. Section 13 requires the Secretary of the Treasury to refuse entry into the Customs territory of the United States of a chemical substance, mixture, or article if it does not comply with rules in effect under TSCA, or if it is offered for entry in violation of TSCA or rules or orders under TSCA.\n\n(2) In addition to this statement of policy, EPA will continue, as necessary, to address problems associated with imports in rulemaking and other actions under individual sections of TSCA, i.e., sections 4, 5, 6, 7, 8, and 12. Sections 5, 6, and 7 apply directly to imports subject to the section 13 requirements. Section 12 may apply to export of a shipment that is refused entry under section 13. Importers may have obligations under sections 4 and 8; section 4 and 8 requirements for importers would not apply to individual chemical shipments and thus are not included under section 13 requirements. Interested persons should refer to the records of these individual rulemaking actions for specific information and guidance.\n\n(b)  Objectives.  (1) TSCA is intended to be comprehensive, and assure protection of health and the environment from unreasonable risks associated with chemicals whether the chemicals are imported or produced domestically. This intent is manifested by the inclusion of importation in the Act's definition of the term \u201cmanufacture\u201d: \u201c[M]anufacture means to import * * *, produce, or manufacture\u201d (15 U.S.C. 2602(7)). Thus, importers are responsible for insuring that chemical importation complies with TSCA just as domestic manufacturers are responsible for insuring that chemical manufacture complies with TSCA.\n\n(2)(i) The section 13 rule requires importers to sign the following statement for each import of chemical substances subject to TSCA: \u201cI certify that all chemical substances in this shipment comply with all applicable rules or orders under TSCA and that I am not offering a chemical substance for entry in violation of TSCA or any applicable rule or order under TSCA.\u201d The certification will document that, in accordance with TSCA, the importer has taken the necessary steps to insure compliance.\n\n(ii) The section 13 rule requires importers of chemicals not subject to TSCA (e.g., pesticides) to certify that compliance with TSCA is not required. Importers must certify this by signing the statement: \u201cI certify that all chemicals in this shipment are not subject to TSCA.\u201d This is appropriate when a chemical import is not clearly identified as a pesticide or other chemical not subject to TSCA.\n\n(3) The United States is involved in a major effort toward international harmonization in the control of chemicals. At such time as international agreement is reached on this issue, EPA would be prepared to modify its policy if necessary. EPA believes that its international harmonization efforts in the control of chemicals will protect health and the environment while fulfilling its obligations under the Trade Agreements Act of 1979.\n\n(c)  The section 13 rule \u2014(1)  General certification.  (i) The rule promulgated under section 13 of TSCA by Customs, in consultation with EPA, implements the requirement of section 13 that chemical substances, mixtures, or articles not in compliance with TSCA, or whose importation is not in compliance with TSCA, shall be denied entry into the customs territory of the United States. The rule requires that importers certify by a statement, on the entry document or invoice, that any shipment of a chemical substance subject to TSCA, imported in bulk or as part of a mixture, complies with TSCA, and that it is not offered for entry in violation of TSCA or any rule or order under TSCA, or that the chemicals imported are not subject to TSCA.\n\n(ii) The certification applies to TSCA sections 5, 6, and 7.\n\n(iii) EPA expects that this certification will be based upon actual knowledge of the importer in most cases. However, EPA realizes that sometimes importers may not have actual knowledge of the chemical composition of imported mixtures. In these cases, the importer should attempt to discover the chemical constituents of the shipment by contacting another party to the transaction (e.g., his principal or the foreign manufacturer). This person may be able to identify the components of the mixture, or at least state that the substances comply with TSCA. The greater the effort an importer makes to learn the identities of the imported substances and their compliance with TSCA, the smaller his chance of committing a violation by importing a noncomplying shipment. If a shipment is ultimately determined to have violated TSCA, the good faith efforts of the importer to verify compliance, as evidenced by documents contained in his files, may obviate or mitigate the assessment of a civil penalty under section 16 of TSCA.\n\n(2)  EPA enforcement.  (i) EPA and Customs will monitor chemical imports to determine if shipments and their import comply with the certification requirements and the substantive mandates of TSCA. Customs will refuse entry to any shipment until such time as the certification is properly submitted. Customs will also detain a shipment if there are reasonable grounds to believe that such shipment or its import violates TSCA or regulations or orders thereunder. A violative shipment must either be brought into compliance, exported, destroyed, or voluntarily abandoned within the time periods prescribed in 19 CFR 12.124 of the section 13 rule.\n\n(ii) When EPA determines that a shipment should be detained, EPA will identify the reasons for the detention and the necessary actions for an importer to bring the shipment into compliance with TSCA. If EPA has given this information to Customs before the district director issues the detention notice, the information will become part of the detention notice. The importer should contact one of the following EPA regional offices for guidance as to the proper procedures to correct any deficiencies in the shipment.\n\nTable 1 to Paragraph  (c)(2)(ii)\n\n(iii) If Customs detains or refuses entry of a shipment (other than for failure to make the general certification) and the importer takes measures necessary to bring the shipment into conformity with the requirements of TSCA, EPA officials will reassess the shipment to determine its current compliance status. When a shipment is no longer in violation, EPA will notify the district director and the importer. The district director will then release the shipment. This notice will also serve as a determination to permit entry under 19 CFR 12.123(c) if a shipment is brought into compliance before the 19 CFR 12.123(c) decisionmaking process has been completed. If compliance is achieved after a 19 CFR 12.123(c) determination (adverse to the importer) has been made, the EPA notice to the district director will serve as a reversal of the decision to refuse entry.\n\n(3)  EPA assistance.  Assistance in determining whether a chemical shipment is in compliance with TSCA can be obtained from the Director, Environmental Assistance Division (7408), Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Room E-543B, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Telephone: (202) 554-1404, TDD: (202) 544-0551."], ["40:40:33.0.1.1.6.4.1.1", 40, "Protection of Environment", "I", "R", "707", "PART 707\u2014CHEMICAL IMPORTS AND EXPORTS", "D", "Subpart D\u2014Notices of Export Under Section 12(b)", "", "\u00a7 707.60 Applicability and compliance.", "EPA", "", "", "[45 FR 82850, Dec. 16, 1980, as amended at 71 FR 66244, Nov. 14, 2006; 71 FR 68751, Nov. 28, 2006]", "(a) Section 12(b) of the Toxic Substances Control Act requires any person who exports or intends to export a chemical substance or mixture to notify the Environmental Protection Agency of such exportation to a particular country if any of the following actions have been taken under the Act with respect to that chemical substance or mixture:\n\n(1) Data are required under section 4 or 5(b),\n\n(2) An order has been issued under section 5,\n\n(3) A rule has been proposed or promulgated under section 5 or 6, or\n\n(4) An action is pending, or relief has been granted under section 5 or 7.\n\n(b) No notice of export will be required for articles, except PCB articles, unless the Agency so requires in the context of individual section 5, 6, or 7 actions.\n\n(c)(1) Except as provided in paragraphs (c)(2) and (3) of this section no notice of export is required for the export of a chemical substance or mixture for which export notification is otherwise required, where such chemical substance or mixture is present in a concentration of less than 1% (by weight or volume).\n\n(2) No notice of export is required for the export of a chemical substance or mixture that is a known or potential human carcinogen where such chemical substance or mixture is present in a concentration of less than 0.1% (by weight or volume). A chemical is considered to be a known or potential human carcinogen, for purposes of TSCA section 12(b) export notification, if that chemical is:\n\n(i) A chemical substance or mixture listed as a \u201cknown to be human carcinogen\u201d or \u201creasonably anticipated to be human carcinogen\u201d in the Report on Carcinogens (latest edition) issued by the U.S. Department of Health and Human Services, Public Heath Service, National Toxicology Program,\n\n(ii) A chemical substance or mixture is classified as \u201ccarcinogenic to humans\u201d (Group 1), \u201cprobably carcinogenic to humans\u201d (Group 2A), or \u201cprobably carcinogenic to humans\u201d (Group 2B) in the Monographs and Supplements on the Evaluation of Carcinogenic Risks to Humans issued by the World Health Organization International Agency for Research on Cancer (IARC), Lyons, France (latest editions), or\n\n(iii) Alpha-naphthylamine (Chemical Abstract Service Registry Number (CAS No.) 134-32-7) or 4-nitrobiphenyl (CAS No. 92-93-3).\n\n(3) No notice of export is required for the export of polychlorinated biphenyl chemicals (PCBs) (see definition in 40 CFR 761.3), where such chemical substances are present in a concentration of less than or equal to 50 ppm (by weight or volume).\n\n(d) Any person who exports or intends to export PCBs or PCB articles (see definition in 40 CFR 761.3), for any purpose other than disposal, shall notify EPA of such intent or exportation under TSCA section 12(b), except as specified in \u00a7 707.60(c)(3). PCBs and PCB articles have the definitions published in 40 CFR 761.3.\n\n(e) Any person who would be prohibited by a TSCA section 5 or 6 regulation from exporting a chemical substance or mixture, but who is granted an exemption by EPA to export that chemical substance or mixture, shall notify EPA under TSCA section 12(b) of such intent to export or exportation.\n\n(f) Failure to comply with TSCA section 12(b) as set forth in this part will be considered a violation of TSCA section 15(3), and will subject the exporter to the penalty, enforcement, and seizure provisions of TSCA sections 16 and 17."], ["40:40:33.0.1.1.6.4.1.2", 40, "Protection of Environment", "I", "R", "707", "PART 707\u2014CHEMICAL IMPORTS AND EXPORTS", "D", "Subpart D\u2014Notices of Export Under Section 12(b)", "", "\u00a7 707.63 Definitions.", "EPA", "", "", "[45 FR 82850, Dec. 16, 1980, as amended at 88 FR 37171, June 7, 2023]", "The definitions set forth in the Toxic Substances Control Act, section 3, apply for this part. In addition, the following abbreviations and definitions are provided for purposes of this rule:\n\nCDX  or  Central Data Exchange  means EPA's centralized electronic document receiving system, or its successor system.\n\nEPA  means the Environmental Protection Agency.\n\nExporter  means the person who, as the principal party in interest in the export transaction, has the power and responsibility for determining and controlling the sending of the chemical substance or mixture to a destination out of the customs territory of the United States.\n\nRegulated chemical  means any chemical substance or mixture for which export notice is required under \u00a7 707.60.\n\nTSCA  means the Toxic Substances Control Act."], ["40:40:33.0.1.1.6.4.1.3", 40, "Protection of Environment", "I", "R", "707", "PART 707\u2014CHEMICAL IMPORTS AND EXPORTS", "D", "Subpart D\u2014Notices of Export Under Section 12(b)", "", "\u00a7 707.65 Submission to the agency.", "EPA", "", "", "[88 FR 37171, June 7, 2023]", "(a) For each action under TSCA triggering export notification, exporters must notify EPA of their export or intended export of each subject chemical substance or mixture for which export notice is required under \u00a7 707.60 in accordance with the following:\n\n(1)(i) The export notice must be for the first export or intended export by an exporter to a particular country in a calendar year when the chemical substance or mixture is the subject of an order issued, an action that is pending, or relief that has been granted under TSCA section 5(f), a rule that has been proposed or promulgated under TSCA section 6, or an action that is pending or relief that has been granted under TSCA section 7.\n\n(ii) The export notice must only be for the first export or intended export by an exporter to a particular country when the chemical substance or mixture is the subject of an order issued, an action that is pending, or relief that has been granted under TSCA section 5(e), a rule that has been proposed or promulgated under TSCA section 5(a)(2), or when the submission of data is required under TSCA section 4 or 5(b). Under this paragraph, notice of export to a particular country is not required if an exporter previously submitted to EPA a notice of export to that country prior to January 16, 2007.\n\n(2) The export notice must be submitted to EPA within seven days of forming the intent to export or on the date of export, whichever is earlier. A notice of intent to export must be based on a definite contractual obligation, or an equivalent intra-company agreement, to export the regulated chemical.\n\n(b) If the EPA action that prompts the notice is a proposed rule, the requirement to submit export notices to EPA shall begin thirty days after publication of the action in the  Federal Register .\n\n(c) Export notices must be submitted via CDX, using the TSCA section 12(b) Export Notification Application or its successor."], ["40:40:33.0.1.1.6.4.1.4", 40, "Protection of Environment", "I", "R", "707", "PART 707\u2014CHEMICAL IMPORTS AND EXPORTS", "D", "Subpart D\u2014Notices of Export Under Section 12(b)", "", "\u00a7 707.67 Contents of notice.", "EPA", "", "", "[45 FR 82850, Dec. 16, 1980, as amended at 71 FR 66245, Nov. 14, 2006; 88 FR 37172, June 7, 2023]", "The notice to EPA shall include:\n\n(a) The name of the regulated chemical as it appears in the TSCA section 4, 5, 6, and/or 7 action. For substances on the confidential portion of the TSCA Inventory, the substance must be identified by generic name and accession number, or by any other non-confidential identifier under which it is listed on the TSCA section 12(b) reporting list maintained by EPA and available in the TSCA section 12(b) Export Notification Application described in \u00a7 707.65(c). If a category is regulated, the name of the individual regulated chemical within that category, as well as the category, must be given. The name must be that which appears in the TSCA Inventory if the chemical appears there.\n\n(b) The name and address of the exporter.\n\n(c) The country (countries) of import.\n\n(d) The date(s) of export or intended export.\n\n(e) The section (4, 5, 6, and/or 7) of TSCA under which EPA has taken action."], ["40:40:33.0.1.1.6.4.1.5", 40, "Protection of Environment", "I", "R", "707", "PART 707\u2014CHEMICAL IMPORTS AND EXPORTS", "D", "Subpart D\u2014Notices of Export Under Section 12(b)", "", "\u00a7 707.70 EPA notice to foreign governments.", "EPA", "", "", "[45 FR 82850, Dec. 16, 1980, as amended at 58 FR 40242, July 27, 1993; 71 FR 66245, Nov. 14, 2006]", "(a)(1) Notice by EPA to the importing country shall be sent no later than 5 working days after receipt by the TSCA Document Processing Center of the first annual notification from any exporter for each chemical substance or mixture that is the subject of an order issued, an action that is pending, or relief that has been granted under TSCA section 5(f), a rule that has been proposed or promulgated under TSCA section 6, or an action that is pending or relief that has been granted under TSCA section 7.\n\n(2) Notice by EPA to the importing country shall be sent no later than 5 working days after receipt by the TSCA Document Processing Center of the first notification from any exporter for each chemical substance or mixture that is the subject of an order issued, an action that is pending, or relief that has been granted under TSCA section 5(e), a rule that has been proposed or promulgated under TSCA section 5(a)(2), or for which the submission of data is required under TSCA section 4 or 5(b).\n\n(b) Notices shall:\n\n(1) Identify the regulated chemical.\n\n(2) Summarize the regulatory action taken, or indicate the availability of data under section 4 or 5(b) of TSCA.\n\n(3) Identify an EPA official to contact for further information.\n\n(4) Include a copy of the pertinent  Federal Register  notice.\n\n(c) Notices shall be sent to the country's ambassador in Washington, DC, or other official designated by the foreign government, and to the United States Department of State."], ["40:40:33.0.1.1.6.4.1.6", 40, "Protection of Environment", "I", "R", "707", "PART 707\u2014CHEMICAL IMPORTS AND EXPORTS", "D", "Subpart D\u2014Notices of Export Under Section 12(b)", "", "\u00a7 707.72 Termination of reporting requirements.", "EPA", "", "", "[52 FR 21437, June 5, 1987]", "(a) The reporting requirements of subpart D of this part are terminated for certain specific chemical substances and mixtures as set forth in this paragraph.\n\n(1) When data required under part 766 of this chapter have been submitted to EPA for a specific chemical substance produced by a specific process, and the data show no positive test result as defined in \u00a7 766.3 of this chapter, reporting is no longer required by persons who export or intend to export that substance produced by that process.\n\n(2) [Reserved]\n\n(b) [Reserved]"], ["40:40:33.0.1.1.6.4.1.7", 40, "Protection of Environment", "I", "R", "707", "PART 707\u2014CHEMICAL IMPORTS AND EXPORTS", "D", "Subpart D\u2014Notices of Export Under Section 12(b)", "", "\u00a7 707.75 Confidentiality.", "EPA", "", "", "[45 FR 82850, Dec. 16, 1980, as amended at 88 FR 37172, June 7, 2023]", "(a) A person may assert a claim of confidentiality for any information which is submitted to EPA in a notice.\n\n(b) Any claim of confidentiality must accompany the information at the time it is submitted to EPA. In the notice, the submitter must clearly identify the information that is claimed confidential by marking the specific information on each page with a label such as \u201cconfidential business information\u201d, \u201cproprietary\u201d, or \u201ctrade secret\u201d.\n\n(c) Notwithstanding any claim of confidentiality, information outlined in \u00a7 707.70 will be included in the EPA notice to the foreign government. With this exception, EPA will disclose information that is covered by a claim of confidentiality asserted in accordance with this section only to the extent permitted by, and in accordance with, the procedures set forth in TSCA and part 2 of this chapter.\n\n(d) Claims of confidentiality must be made in accordance with the procedures described in 40 CFR part 703."], ["7:7:7.1.1.1.3.0.1.1", 7, "Agriculture", "VII", "A", "707", "PART 707\u2014PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT", "", "", "", "\u00a7 707.1 Applicability.", "FSA", "", "", "", "This part applies to all programs in title 7 of the Code of Federal Regulations which are administered by the Farm Service Agency under which payments are made to eligible program participants. This part also applies to all other programs to which this part is applicable by the individual program regulations."], ["7:7:7.1.1.1.3.0.1.2", 7, "Agriculture", "VII", "A", "707", "PART 707\u2014PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT", "", "", "", "\u00a7 707.2 Definitions.", "FSA", "", "", "", "\u201cPerson\u201d when relating to one who dies, disappears, or becomes incompetent, prior to receiving payment, means a person who has earned a payment in whole or in part pursuant to any of the programs to which this part is applicable. \u201cChildren\u201d shall include legally adopted children who shall be entitled to share in any payment in the same manner and to the same extent as legitimate children of natural parents. \u201cBrother\u201d or \u201csister\u201d, when relating to one who, pursuant to the regulations in this part, is eligible to apply for the payment which is due a person who dies, disappears, or becomes incompetent prior to the receipt of such payment, shall include brothers and sisters of the half blood who shall be considered the same as brothers and sisters of the whole blood. \u201cPayment\u201d means a payment by draft, check or certificate pursuant to any of the Programs to which this part is applicable. Payments shall not be considered received for the purposes of this part until such draft, check or certificate has been negotiated or used."], ["7:7:7.1.1.1.3.0.1.3", 7, "Agriculture", "VII", "A", "707", "PART 707\u2014PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT", "", "", "", "\u00a7 707.3 Death.", "FSA", "", "", "[30 FR 6246, May 5, 1965, as amended at 75 FR 81835, Dec. 29, 2010]", "(a) Where any person who would otherwise be eligible to receive a payment dies before the payment is received, payment may be released in accordance with this section so long as, and only if, a timely program application has been filed by the deceased before the death or filed in a timely way before or after the death by a person legally authorized to act for the deceased. Timeliness will be determined under the relevant program regulations. All program conditions for payment under the relevant program regulations must have been met for the deceased to be considered otherwise eligible for the payment. However, the payment will not be made under this section unless, in addition, a separate release application is filed in accordance with \u00a7 707.7. If these conditions are met, payment may be released without regard to the claims of creditors other than the United States, in accordance with the following order of precedence:\n\n(1) To the administrator or executor of the deceased person's estate.\n\n(2) To the surviving spouse, if there is no administrator or executor and none is expected to be appointed, or if an administrator or executor was appointed but the administration of the estate is closed (i) prior to application by the administrator or executor for such payment or (ii) prior to the time when a check, draft, or certificate issued for such payment to the administrator or executor is negotiated or used.\n\n(3) If there is no surviving spouse, to the sons and daughters in equal shares. Children of a deceased son or daughter of a deceased person shall be entitled to their parent's share of the payment, share and share alike. If there are no surviving direct descendants of a deceased son or daughter of such deceased person, the share of the payment which otherwise would have been made to such son or daughter shall be divided equally among the surviving sons and daughters of such deceased person and the estates of any deceased sons or daughters where there are surviving direct descendants.\n\n(4) If there is no surviving spouse and no direct descendant, payment shall be made to the father and mother of the deceased person in equal shares, or the whole thereof to the surviving father or mother.\n\n(5) If there is no surviving spouse, no direct descendant, and no surviving parent, payment shall be made to the brothers and sisters of the deceased person in equal shares. Children of a deceased brother or sister shall be entitled to their parent's share of the payment, share and share alike. If there are no surviving direct descendants of the deceased brother or sister of such deceased person, the share of the payment which otherwise would have been made to such brother or sister shall be divided equally among the surviving brothers and sisters of such deceased person and the estates of any deceased brothers or sisters where there are surviving direct descendants.\n\n(6) If there is no surviving spouse, direct descendant, parent, or brothers or sisters or their descendants, the payment shall be made to the heirs-at-law in accordance with the law of the State of domicile of the deceased person.\n\n(b) If any person who is entitled to payment under the above order of precedence is a minor, payment of his share shall be made to his legal guardian, but if no legal guardian has been appointed payment shall be made to his natural guardian or custodian for his benefit, unless the minor's share of the payment exceeds $1,000, in which event payment shall be made only to his legal guardian.\n\n(c) Any payment which the deceased person could have received may be made jointly to the persons found to be entitled to such payment or shares thereof under this section or, pursuant to instructions issued by the Farm Service Agency, a separate payment may be issued to each person entitled to share in such payment."], ["7:7:7.1.1.1.3.0.1.4", 7, "Agriculture", "VII", "A", "707", "PART 707\u2014PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT", "", "", "", "\u00a7 707.4 Disappearance.", "FSA", "", "", "[30 FR 6246, May 5, 1965, as amended at 75 FR 81835, Dec. 29, 2010]", "(a) Where any person who would otherwise be eligible to receive a payment disappears before the payment is received, payment may be released in accordance with this section so long as, and only if, a timely program application has been filed by that person before the disappearance or filed timely before or after the disappearance by someone legally authorized to act for the person involved. Timeliness will be determined under the relevant program regulations. All program conditions for payment under the relevant program regulations must have been met for the person involved to be considered otherwise eligible for the payment. However, the payment will not be made unless, in addition, a separate release application is filed in accordance with \u00a7 707.7. If these conditions are met, payment may be released without regard to the claims of creditors other than the United States, in accordance with the following order of precedence:\n\n(1) The conservator or liquidator of his estate, if one be duly appointed.\n\n(2) The spouse.\n\n(3) An adult son or daughter or grandchild for the benefit of his estate.\n\n(4) The mother or father for the benefit of his estate.\n\n(5) An adult brother or sister for the benefit of his estate.\n\n(6) Such person as may be authorized under State law to receive payment for the benefit of his estate.\n\n(b) A person shall be deemed to have disappeared if (1) he has been missing for a period of more than 3 months, (2) a diligent search has failed to reveal his whereabouts, and (3) such person has not communicated during such period with other persons who would be expected to have heard from him. Evidence of such disappearance must be presented to the county committee in the form of a statement executed by the person making the application for payment, setting forth the above facts, and must be substantiated by a statement from a disinterested person who was well acquainted with the person who has disappeared."], ["7:7:7.1.1.1.3.0.1.5", 7, "Agriculture", "VII", "A", "707", "PART 707\u2014PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT", "", "", "", "\u00a7 707.5 Incompetency.", "FSA", "", "", "[75 FR 81836, Dec. 30, 2010]", "(a) Where any person who would otherwise be eligible to receive a payment is adjudged incompetent by a court of competent jurisdiction before the payment is received, payment may be released in accordance with this section so long as, and only if, a timely and binding program application has been filed by the person involved while capable or by someone legally authorized to file an application for the person involved. Timeliness is determined under the relevant program regulations. In all cases, the payment application must have been timely under the relevant program regulations and all program conditions for payment must have been met by or on behalf of the person involved. However, the payment will not be made unless, in addition, a separate release application is filed in accordance with \u00a7 707.7. If these conditions are met, payment may be released without regard to the claims of creditors other than the United States, to the guardian or committee legally appointed for the person involved. In case no guardian or committee had been appointed, payment, if for not more than $1,000, may be released without regard to claims of creditors other than the United States, to one of the following in the following order for the benefit of the person who was the subject of the adjudication:\n\n(1) The spouse.\n\n(2) An adult son, daughter, or grandchild.\n\n(3) The mother or father.\n\n(4) An adult brother or sister.\n\n(5) Such person as may be authorized under State law to receive payment for the person (see standard procedure prescribed for the respective region).\n\n(b) In case payment is more than $1,000, payment may be released only to such person as may be authorized under State law to receive payment for the incompetent, so long as all conditions for other payments specified in paragraph (a) of this section and elsewhere in the applicable regulations have been met. Those requirements include the filing of a proper and timely and legally authorized program application by or for the person adjudged incompetent. The release of funds under this paragraph will be made without regard to claims of creditors other than the United States unless the agency determines otherwise."], ["7:7:7.1.1.1.3.0.1.6", 7, "Agriculture", "VII", "A", "707", "PART 707\u2014PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT", "", "", "", "\u00a7 707.6 Death, disappearance, or incompetency of one eligible to apply for payment pursuant to the regulations in this part.", "FSA", "", "", "[30 FR 6246, May 5, 1965, as amended at 75 FR 81836, Dec. 29, 2010]", "In case any person entitled to apply for a release of a payment pursuant to the provisions of \u00a7 707.3, \u00a7 707.4, \u00a7 707.5, or this section, dies, disappears, or is adjudged incompetent, as the case may be, after he has applied for such payment but before the payment is received, payment may be made upon proper application therefor, without regard to claims of creditors other than the United States, to the person next entitled thereto in accordance with the order of precedence set forth in \u00a7 707.3, \u00a7 707.4, or \u00a7 707.5, as the case may be."], ["7:7:7.1.1.1.3.0.1.7", 7, "Agriculture", "VII", "A", "707", "PART 707\u2014PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT", "", "", "", "\u00a7 707.7 Release application.", "FSA", "", "", "[30 FR 6246, May 5, 1965, as amended at 75 FR 81836, Dec. 29, 2010]", "No payment may be made under this part unless a proper program application was filed in accordance with the rules for the program that generated the payment. That application must have been timely and filed by someone legally authorized to act for the deceased, disappeared, or declared-incompetent person. The filer can be the party that earned the payment themselves\u2014such as the case of a person who filed a program application before they died\u2014or someone legally authorized to act for the party that earned the payment. All program conditions for payment must have been met before the death, disappearance, or incompetency except for the timely filing of the application for payment by the person legally authorized to act for the party earning the payment. But, further, for the payment to be released under the rules of this part, a second application must be filed. That second application is a release application filed under this section. In particular, as to the latter, where all other conditions have been met, persons desiring to claim payment for themselves or an estate in accordance with this part 707 must do so by filing a release application on Form FSA-325, \u201cApplication for Payment of Amounts Due Persons Who Have Died, Disappeared or Have Been Declared Incompetent.If the person who died, disappeared, or was declared incompetent did not apply for payment by filing the applicable program application for payment form, such program application for payment must also be filed in accordance with applicable regulations. If the payment is made under the Naval Stores Conservation Program, Part II of the Form FSA-325 shall be executed by the local District Supervisor of the U.S. Forest Service. In connection with applications for payment under all other programs itemized in \u00a7 707.1, Form FSA-325, and program applications for payments where required, shall be filed with the FSA county office where the person who earned the payment would have been required to file his application."]], "truncated": false, "filtered_table_rows_count": 32, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "707"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=707", "results": [{"value": 10, "label": 10, "count": 17, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=707&title_number=10", "selected": false}, {"value": 40, "label": 40, "count": 8, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=707&title_number=40", "selected": false}, {"value": 7, "label": 7, "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=707&title_number=7", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=707", "results": [{"value": "DOE", "label": "DOE", "count": 17, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=707&agency=DOE", "selected": false}, {"value": "EPA", "label": "EPA", "count": 8, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=707&agency=EPA", "selected": false}, {"value": "FSA", "label": "FSA", "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=707&agency=FSA", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=707", "results": [{"value": "707", "label": "707", "count": 32, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=707&_facet=title_name"}, {"name": "chapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=707&_facet=chapter"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=707&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=707&_facet=part_name"}, {"name": "subpart", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=707&_facet=subpart"}, {"name": "subpart_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=707&_facet=subpart_name"}, {"name": "amendment_citations", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=707&_facet=amendment_citations"}], "next": null, "next_url": null, "private": false, "allow_execute_sql": true, "query_ms": 8.682516869157553, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}