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| 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 |
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| 10:10:1.0.1.1.22.0.91.1 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | § 32.1 Purpose and scope. | NRC | [30 FR 8192, June 26, 1965, as amended at 52 FR 27786, July 24, 1987; 63 FR 1896, Jan. 13, 1998; 72 FR 55928, Oct. 1, 2007; 77 FR 43690, July 25, 2012; 78 FR 17006, Mar. 19, 2013; 80 FR 74979, Dec. 1, 2015] | (a)(1) This part prescribes requirements for the issuance of specific licenses to persons who manufacture or initially transfer items containing byproduct material for sale or distribution to: (i) Persons exempted from the licensing requirements of part 30 of this chapter, or equivalent regulations of an Agreement State, or (ii) Persons generally licensed under part 31 of this chapter or equivalent regulations of an Agreement State. (iii) Persons licensed under part 35 of this chapter. (2) This part prescribes requirements for the issuance of specific licenses to persons who introduce byproduct material into a product or material owned by or in the possession of a licensee or another, and regulations governing holders of such licenses. (3) This part prescribes certain requirements governing holders of licenses to manufacture or distribute items containing byproduct material. (4) This part describes procedures and prescribes requirements for the issuance of certificates of registration (covering radiation safety information about a product) to manufacturers or initial transferors of sealed sources or devices containing sealed sources. (b) The provisions and requirements of this part are in addition to, and not in substitution for, other requirements of this chapter. In particular, the provisions of part 30 of this chapter apply to applications, licenses and certificates of registration subject to this part, and the provisions of part 37 of this chapter apply to applications and licenses subject to this part. (c)(1) The requirements in this part, including provisions that are specific to licensees, shall apply to Government agencies and Federally recognized Indian Tribes with respect to accelerator-produced radioactive material or discrete sources of radium-226 on November 30, 2007 except that the agency or Tribe may continue to manufacture or initially transfer items containing accelerator-produced radioactive material or discrete sources of radium-226 for sale or distribution to persons exempted from the … | ||||||
| 10:10:1.0.1.1.22.0.91.2 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | § 32.2 Definitions. | NRC | [34 FR 6653, Apr. 18, 1969, as amended at 39 FR 22129, June 20, 1974; 71 FR 65708, Nov. 8, 2006; 77 FR 43690, July 25, 2012] | As used in this part: Committed dose for the purposes of this part means the radiation dose that will accumulate over time as a result of retention in the body of radioactive material. Committed dose is a generic term for internal dose and must be calculated by summing the projected dose over the 50 years after intake for all irradiated organs or tissues multiplying the doses to individual organs and tissues by applicable tissue weighting factors. Dose commitment means the total radiation dose to a part of the body that will result from retention in the body of radioactive material. For purposes of estimating the dose commitment, it is assumed that from the time of intake the period of exposure to retained material will not exceed 50 years. Lot Tolerance Percent Defective means, expressed in percent defective, the poorest quality in an individual inspection lot that should be accepted. Nationally tracked source is a sealed source containing a quantity equal to or greater than Category 1 or Category 2 levels of any radioactive material listed in Appendix E to part 20 of this Chapter. In this context a sealed source is defined as radioactive material that is sealed in a capsule or closely bonded, in a solid form and which is not exempt from regulatory control. It does not mean material encapsulated solely for disposal, or nuclear material contained in any fuel assembly, subassembly, fuel rod, or fuel pellet. Category 1 nationally tracked sources are those containing radioactive material at a quantity equal to or greater than the Category 1 threshold. Category 2 nationally tracked sources are those containing radioactive material at a quantity equal to or greater than the Category 2 threshold but less than the Category 1 threshold. Sealed Source and Device Registry means the national registry that contains all the registration certificates, generated by both the NRC and the Agreement States, that summarize the radiation safety information for the sealed sources and devices and describe the licensing and us… | ||||||
| 10:10:1.0.1.1.22.0.91.3 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | § 32.3 Maintenance of records. | NRC | [53 FR 19246, May 27, 1988, as amended at 90 FR 55629, Dec. 3, 2025] | Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a reproduced copy of a microform provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. This section shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The NRC will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly. | ||||||
| 10:10:1.0.1.1.22.0.91.4 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | § 32.8 Information collection requirements: OMB approval. | NRC | [49 FR 19625, May 9, 1984, as amended at 59 FR 61780, Dec. 2, 1994; 62 FR 52186, Oct. 6, 1997; 62 FR 63640, Dec. 2, 1997; 71 FR 65708, Nov. 8, 2006; 72 FR 58486, Oct. 16, 2007; 77 FR 43691, July 25, 2012] | (a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ). The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in this part under control number 3150-0001. (b) The approved information collection requirements contained in this part appear in §§ 32.11, 32.12, 32.14, 32.15, 32.16, 32.18, 32.19, 32.20, 32.21, 32.21a, 32.22, 32.23, 32.25, 32.26, 32.27, 32.29, 32.30, 32.31, 32.32, 32.51, 32.51a, 32.52, 32.53, 32.54, 32.55, 32.56, 32.57, 32.58, 32.61, 32.62, 32.71, 32.72, 32.74, 32.201, 32.210, and 32.211. (c) This part contains information collection requirements in addition to those approved under the control number specified in paragraph (a) of this section. These information collection requirements and the control numbers under which they are approved are as follows: (1) In § 32.11, NRC Form 313 is approved under control number 3150-0120. (2) [Reserved] | ||||||
| 10:10:1.0.1.1.22.1.91.1 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.11 Introduction of byproduct material in exempt concentrations into products or materials, and transfer of ownership or possession: Requirements for license. | NRC | [30 FR 8192, June 26, 1965, as amended at 49 FR 19625, May 9, 1984; 72 FR 58487, Oct. 16, 2007] | An application for a specific license on Form NRC-313 authorizing the introduction of byproduct material into a product or material owned by or in the possession of the licensee or another and the transfer of ownership or possession of the product or material containing the byproduct material will be approved if the applicant: (a) Satisfies the general requirements specified in § 30.33 of this chapter; provided, however, that the requirements of § 30.33(a)(2) and (3) do not apply to an application for a license to introduce byproduct material into a product or material owned by or in the possession of the licensee or another and the transfer of ownership or possession of the product or material containing the byproduct material, if the possession and use of the byproduct material to be introduced is authorized by a license issued by an Agreement State; (b) Provides a description of the product or material into which the byproduct material will be introduced, intended use of the byproduct material and the product or material into which it is introduced, method of introduction, initial concentration of the byproduct material in the product or material, control methods to assure that no more than the specified concentration is introduced into the product or material, estimated time interval between introduction and transfer of the product or material, and estimated concentration of the radioisotopes in the product or material at the time of transfer; and (c) Provides reasonable assurance that the concentrations of byproduct material at the time of transfer will not exceed the concentrations in § 30.70 of this chapter, that reconcentration of the byproduct material in concentrations exceeding those in § 30.70 is not likely, that use of lower concentrations is not feasible, and that the product or material is not likely to be incorporated in any food, beverage, cosmetic, drug or other commodity or product designed for ingestion or inhalation by, or application to, a human being. | ||||
| 10:10:1.0.1.1.22.1.91.10 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.21 Radioactive drug: Manufacture, preparation, or transfer for commercial distribution of capsules containing carbon-14 urea each for “in vivo” diagnostic use for humans to persons exempt from licensing; Requirements for a license. | NRC | [62 FR 63640, Dec. 2, 1997, as amended at 66 FR 64738, Dec. 14, 2001] | (a) An application for a specific license to manufacture, prepare, process, produce, package, repackage, or transfer for commercial distribution capsules containing 37 kBq (1 µCi) carbon-14 urea (allowing for nominal variation that may occur during the manufacturing process) each for “in vivo” diagnostic use, to persons exempt from licensing under § 30.21 of this chapter or the equivalent regulations of an Agreement State will be approved if: (1) The applicant satisfies the general requirements specified in § 30.33 of this chapter, provided that the requirements of § 30.33(a) (2) and (3) of this chapter do not apply to an application for a license to transfer byproduct material manufactured, prepared, processed, produced, packaged, or repackaged pursuant to a license issued by an Agreement State; (2) The applicant meets the requirements under § 32.72(a)(2) of this part; (3) The applicant provides evidence that each capsule contains 37 kBq (1 µCi) carbon-14 urea (allowing for nominal variation that may occur during the manufacturing process); (4) The carbon-14 urea is not contained in any food, beverage, cosmetic, drug (except as described in this section) or other commodity designed for ingestion or inhalation by, or topical application to, a human being; (5) The carbon-14 urea is in the form of a capsule, identified as radioactive, and to be used for its radioactive properties, but is not incorporated into any manufactured or assembled commodity, product, or device intended for commercial distribution; and (6) The applicant submits copies of prototype labels and brochures and the NRC approves these labels and brochures. (b) Nothing in this section relieves the licensee from complying with applicable FDA, other Federal, and State requirements governing drugs. | ||||
| 10:10:1.0.1.1.22.1.91.11 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.21a Same: Conditions of license. | NRC | [62 FR 63640, Dec. 2, 1997] | Each license issued under § 32.21 of this part is subject to the following conditions: (a) The immediate container of the capsule(s) must bear a durable, legible label which: (1) Identifies the radioisotope, the physical and chemical form, the quantity of radioactivity of each capsule at a specific date; and (2) Bears the words “Radioactive Material.” (b) In addition to the labeling information required by paragraph (a) of this section, the label affixed to the immediate container, or an accompanying brochure also must: (1) State that the contents are exempt from NRC or Agreement State licensing requirements; and (2) Bears the words “Radioactive Material. For “In Vivo” Diagnostic Use Only. This Material Is Not To Be Used for Research Involving Human Subjects and Must Not Be Introduced into Foods, Beverages, Cosmetics, or Other Drugs or Medicinals, or into Products Manufactured for Commercial Distribution. This Material May Be Disposed of in Ordinary Trash.” | ||||
| 10:10:1.0.1.1.22.1.91.12 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.22 Self-luminous products containing tritium, krypton-85 or promethium-147: Requirements for license to manufacture, process, produce, or initially transfer. | NRC | [34 FR 9026, June 6, 1969, as amended at 43 FR 6923, Feb. 17, 1978; 77 FR 43691, July 25, 2012] | (a) An application for a specific license to manufacture, process, or produce self-luminous products containing tritium, krypton-85, or promethium-147, or to initially transfer such products for use pursuant to § 30.19 of this chapter or equivalent regulations of an Agreement State, will be approved if: (1) The applicant satisfies the general requirements specified in § 30.33 of this chapter: Provided, however, That the requirements of § 30.33(a) (2) and (3) do not apply to an application for a license to transfer tritium, krypton-85, or promethium-147 in self-luminous products manufactured, processed, or produced pursuant to a license issued by an Agreement State. (2) The applicant submits sufficient information relating to the design, manufacture, prototype testing, quality control procedures, labeling or marking, and conditions of handling, storage, use, and disposal of the self-luminous product to demonstrate that the product will meet the safety criteria set forth in § 32.23. The information should include: (i) A description of the product and its intended use or uses. (ii) The type and quantity of byproduct material in each unit. (iii) Chemical and physical form of the byproduct material in the product and changes in chemical and physical form that may occur during the useful life of the product. (iv) Solubility in water and body fluids of the forms of the byproduct material identified in paragraphs (a)(2) (iii) and (xii) of this section. (v) Details of construction and design of the product as related to containment and shielding of the byproduct material and other safety features under normal and severe conditions of handling, storage, use, and disposal of the product. (vi) Maximum external radiation levels at 5 and 25 centimeters from any external surface of the product, averaged over an area not to exceed 10 square centimeters, and the method of measurement. (vii) Degree of access of human beings to the product during normal handling and use. (viii) Total quantity of byproduct material expec… | ||||
| 10:10:1.0.1.1.22.1.91.13 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.23 Same: Safety criteria. | NRC | [34 FR 9027, June 6, 1969] | An applicant for a license under § 32.22 shall demonstrate that the product is designed and will be manufactured so that: (a) In normal use and disposal of a single exempt unit, it is unlikely that the external radiation dose in any one year, or the dose commitment resulting from the intake of radioactive material in any one year, to a suitable sample of the group of individuals expected to be most highly exposed to radiation or radioactive material from the product will exceed the dose to the appropriate organ as specified in Column I of the table in § 32.24 of this part. (b) In normal handling and storage of the quantities of exempt units likely to accumulate in one location during marketing, distribution, installation, and servicing of the product, it is unlikely that the external radiation dose in any one year, or the dose commitment resulting from the intake of radioactive material in any one year, to a suitable sample of the group of individuals expected to be most highly exposed to radiation or radioactive material from the product will exceed the dose to the appropriate organ as specified in Column II of the table in § 32.24. (c) It is unlikely that there will be a significant reduction in the effectiveness of the containment, shielding, or other safety features of the product from wear and abuse likely to occur in normal handling and use of the product during its useful life. (d) 1 In use and disposal of a single exempt unit, or in handling and storage of the quantities of exempt units likely to accumulate in one location during marketing, distribution, installation, and servicing of the product, the probability is low that the containment, shielding, or other safety features of the product would fail under such circumstances that a person would receive an external radiation dose or dose commitment in excess of the dose to the appropriate organ as specified in Column III of the table in § 32.24, and the probability is negligible that a person would receive an external radiation dose or dose com… | ||||
| 10:10:1.0.1.1.22.1.91.14 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.24 Same: Table of organ doses. | NRC | [34 FR 9329, June 13, 1969] | |||||
| 10:10:1.0.1.1.22.1.91.15 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.25 Conditions of licenses issued under § 32.22: Quality control, labeling, and reports of transfer. | NRC | [34 FR 9027, June 6, 1969, as amended at 43 FR 6923, Feb. 17, 1978; 48 FR 12334, Mar. 24, 1983; 68 FR 58804, Oct. 10, 2003; 72 FR 58488, Oct. 16, 2007; 73 FR 5719, Jan. 31, 2008; 73 FR 42673, July 23, 2008] | Each person licensed under § 32.22 shall: (a) Carry out adequate control procedures in the manufacture of the product to assure that each production lot meets the quality control standards approved by the Commission; (b) Label or mark each unit so that the manufacturer, processor, producer, or initial transferor of the product and the byproduct material in the product can be identified; and (c) Maintain records of all transfers and file a report with the Director of the Office of Nuclear Material Safety and Safeguards by an appropriate method listed in § 30.6(a) of this chapter, including in the address: ATTN: Document Control Desk/Exempt Distribution. (1) The report must clearly identify the specific licensee submitting the report and include the license number of the specific licensee. (2) The report must indicate that the products are transferred for use under § 30.19 of this chapter or equivalent regulations of an Agreement State. (3) The report must include the following information on products transferred to other persons for use under § 30.19 or equivalent regulations of an Agreement State: (i) A description or identification of the type of each product and the model number(s); (ii) For each radionuclide in each type of product and each model number, the total quantity of the radionuclide; (iii) The number of units of each type of product transferred during the reporting period by model number. (4)(i) The licensee shall file the report, covering the preceding calendar year, on or before January 31 of each year. In its first report after December 17, 2007, the licensee shall separately include data for transfers in prior years not previously reported to the Commission. (ii) Licensees who permanently discontinue activities authorized by the license issued under § 32.22 shall file a report for the current calendar year within 30 days after ceasing distribution. (5) If no transfers of byproduct material have been made under § 32.22 during the reporting period, the report must so indicate. (6) The … | ||||
| 10:10:1.0.1.1.22.1.91.16 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.26 Gas and aerosol detectors containing byproduct material: Requirements for license to manufacture, process, produce, or initially transfer. | NRC | [34 FR 6653, Apr. 18, 1969, as amended at 43 FR 6923, Feb. 17, 1978; 45 FR 38342, June 9, 1980; 77 FR 43691, July 25, 2012] | An application for a specific license to manufacture, process, or produce gas and aerosol detectors containing byproduct material and designed to protect health, safety, or property, or to initially transfer such products for use under § 30.20 of this chapter or equivalent regulations of an Agreement State, will be approved if: (a) The applicant satisfies the general requirements specified in § 30.33 of this chapter: Provided, however, That the requirements of § 30.33(a) (2) and (3) do not apply to an application for a license to transfer byproduct material in gas and aerosol detectors manufactured, processed or produced pursuant to a license issued by an Agreement State. (b) The applicant submits sufficient information relating to the design, manufacture, prototype testing, quality control procedures, labeling or marking, and conditions of handling, storage, use, and disposal of the gas and aerosol detector to demonstrate that the product will meet the safety criteria set forth in § 32.27. The information should include: (1) A description of the product and its intended use or uses; (2) The type and quantity of byproduct material in each unit; (3) Chemical and physical form of the byproduct material in the product and changes in chemical and physical form that may occur during the useful life of the product; (4) Solubility in water and body fluids of the forms of the byproduct material identified in paragraphs (b) (3) and (12) of this section; (5) Details of construction and design of the product as related to containment and shielding of the byproduct material and other safety features under normal and severe conditions of handling, storage, use, and disposal of the product; (6) Maximum external radiation levels at 5 and 25 centimeters from any external surface of the product, averaged over an area not to exceed 10 square centimeters, and the method of measurement; (7) Degree of access of human beings to the product during normal handling and use; (8) Total quantity of byproduct material expected to… | ||||
| 10:10:1.0.1.1.22.1.91.17 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.27 Same: Safety criteria. | NRC | [34 FR 6654, Apr. 18, 1969] | An applicant for a license under § 32.26 shall demonstrate that the product is designed and will be manufactured so that: (a) In normal use and disposal of a single exempt unit, and in normal handling and storage of the quantities of exempt units likely to accumulate in one location during marketing, distribution, installation, and servicing of the product, it is unlikely that the external radiation dose in any one year, or the dose commitment resulting from the intake of radioactive material in any one year, to a suitable sample of the group of individuals expected to be most highly exposed to radiation or radioactive material from the product will exceed the dose to the appropriate organ as specified in Column I of the table in § 32.28. (b) It is unlikely that there will be a significant reduction in the effectiveness of the containment, shielding, or other safety features of the product from wear and abuse likely to occur in normal handling and use of the product during its useful life. (c) In use and disposal of a single exempt unit and in handling and storage of the quantities of exempt units likely to accumulate in one location during marketing, distribution, installation, and servicing of the product, the probability is low that the containment, shielding, or other safety features of the product would fail under such circumstances that a person would receive an external radiation dose or dose commitment in excess of the dose to the appropriate organ as specified in Column II of the table in § 32.28, and the probability is negligible that a person would receive an external radiation dose or dose commitment in excess of the dose to the appropriate organ as specified in Column III of the table in § 32.28. 1 1 It is the intent of this paragraph that as the magnitude of the potential dose increases above that permitted under normal conditions, the probability that any individual will receive such a dose must decrease. The probabilities have been expressed in general terms to emphasize the approximate nat… | ||||
| 10:10:1.0.1.1.22.1.91.18 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.28 Same: Table of organ doses. | NRC | [34 FR 6654, Apr. 18, 1969] | |||||
| 10:10:1.0.1.1.22.1.91.19 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.29 Conditions of licenses issued under § 32.26: Quality control, labeling, and reports of transfer. | NRC | [34 FR 6654, Apr. 18, 1969, as amended at 43 FR 6923, Feb. 17, 1978; 45 FR 38342, June 9, 1980; 48 FR 12334, Mar. 24, 1983; 72 FR 58488, Oct. 16, 2007; 73 FR 5719, Jan. 31, 2008; 73 FR 42673, July 23, 2008] | Each person licensed under § 32.26 shall: (a) Carry out adequate control procedures in the manufacture of the product to assure that each production lot meets the quality control standards approved by the Commission; (b) Label or mark each detector and its point-of-sale package so that: (1) Each detector has a durable, legible, readily visible label or marking on the external surface of the detector containing: (i) The following statement: “CONTAINS RADIOACTIVE MATERIAL”; (ii) The name of the radionuclide and quantity of activity; and (iii) An identification of the person licensed under § 32.26 to transfer the detector for use pursuant to § 30.20 of this chapter or equivalent regulations of an Agreement State. (2) The labeling or marking specified in paragraph (b)(1) of this section is located where its will be readily visible when the detector is removed from its mounting. (3) The external surface of the point-of-sale package has a legible, readily visible label or marking containing: (i) The name of the radionuclide and quantity of activity; (ii) An identification of the person licensed under § 32.26 to transfer the detector for use pursuant to § 30.20 of this chapter or equivalent regulations of an Agreement State; and (iii) The following or a substantially similar statement: THIS DETECTOR CONTAINS RADIOACTIVE MATERIAL AND HAS BEEN MANUFACTURED IN COMPLIANCE WITH U.S. NRC SAFETY CRITERIA IN 10 CFR 32.27. THE PURCHASER IS EXEMPT FROM ANY REGULATORY REQUIREMENTS. THIS DETECTOR CONTAINS RADIOACTIVE MATERIAL AND HAS BEEN MANUFACTURED IN COMPLIANCE WITH U.S. NRC SAFETY CRITERIA IN 10 CFR 32.27. THE PURCHASER IS EXEMPT FROM ANY REGULATORY REQUIREMENTS. (4) Each detector and point-of-sale package is provided with such other information as may be required by the Commission; and (c) Maintain records of all transfers and file a report with the Director of the Office of Nuclear Material Safety and Safeguards by an appropriate method listed in § 30.6(a) of this chapter, including in the address: ATTN: Docum… | ||||
| 10:10:1.0.1.1.22.1.91.2 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.12 Same: Records and material transfer reports. | NRC | [72 FR 58487, Oct. 16, 2007, as amended at 73 FR 5719, Jan. 31, 2008; 73 FR 42673, July 23, 2008] | (a) Each person licensed under § 32.11 shall maintain records of transfer of byproduct material and file a report with the Director of the Office of Nuclear Material Safety and Safeguards by an appropriate method listed in § 30.6(a) of this chapter, including in the address: ATTN: Document Control Desk/Exempt Distribution. (1) The report must clearly identify the specific licensee submitting the report and include the license number of the specific licensee. (2) The report must indicate that the byproduct material is transferred for use under § 30.14 of this chapter or equivalent regulations of an Agreement State. (b) The report must identify the: (1) Type and quantity of each product or material into which byproduct material has been introduced during the reporting period; (2) Name and address of the person who owned or possessed the product or material, into which byproduct material has been introduced, at the time of introduction; (3) The type and quantity of radionuclide introduced into each product or material; and (4) The initial concentrations of the radionuclide in the product or material at time of transfer of the byproduct material by the licensee. (c)(1) The licensee shall file the report, covering the preceding calendar year, on or before January 31 of each year. In its first report after December 17, 2007, the licensee shall separately include data for transfers in prior years not previously reported to the Commission or to an Agreement State. (2) Licensees who permanently discontinue activities authorized by the license issued under § 32.11 shall file a report for the current calendar year within 30 days after ceasing distribution. (d) If no transfers of byproduct material have been made under § 32.11 during the reporting period, the report must so indicate. (e) The licensee shall maintain the record of a transfer for one year after the transfer is included in a report to the Commission. | ||||
| 10:10:1.0.1.1.22.1.91.20 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.30 Certain industrial devices containing byproduct material: Requirements for license to manufacture, process, produce, or initially transfer. | NRC | [77 FR 43691, July 25, 2012] | An application for a specific license to manufacture, process, produce, or initially transfer for sale or distribution devices containing byproduct material for use under § 30.22 of this chapter or equivalent regulations of an Agreement State will be approved if: (a) The applicant satisfies the general requirements of § 30.33 of this chapter: However, the requirements of § 30.33(a)(2) and (3) do not apply to an application for a license to transfer byproduct material in such industrial devices manufactured, processed, or produced under a license issued by an Agreement State; (b) The applicant submits sufficient information relating to the design, manufacture, prototype testing, quality control procedures, labeling or marking, and conditions of handling, storage, use, and disposal of the industrial devices to demonstrate that the device will meet the safety criteria set forth in § 32.31. The information should include: (1) A description of the device and its intended use or uses; (2) The type and quantity of byproduct material in each unit; (3) Chemical and physical form of the byproduct material in the device and changes in chemical and physical form that may occur during the useful life of the device; (4) Solubility in water and body fluids of the forms of the byproduct material identified in paragraphs (b)(3) and (b)(12) of this section; (5) Details of construction and design of the device as related to containment and shielding of the byproduct material and other safety features under normal and severe conditions of handling, storage, use, and disposal of the device; (6) Maximum external radiation levels at 5 and 30 centimeters from any external surface of the device, averaged over an area not to exceed 10 square centimeters, and the method of measurement; (7) Degree of access of human beings to the device during normal handling and use; (8) Total quantity of byproduct material expected to be distributed in the devices annually; (9) The expected useful life of the device; (10) The proposed methods … | ||||
| 10:10:1.0.1.1.22.1.91.21 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.31 Certain industrial devices containing byproduct material: Safety criteria. | NRC | [77 FR 43692, July 25, 2012] | (a) An applicant for a license under § 32.30 shall demonstrate that the device is designed and will be manufactured so that: (1) In normal use, handling, and storage of the quantities of exempt units likely to accumulate in one location, including during marketing, distribution, installation, and servicing of the device, it is unlikely that the external radiation dose in any one year, or the committed dose resulting from the intake of radioactive material in any one year, to a suitable sample of the group of individuals expected to be most highly exposed to radiation or radioactive material from the device will exceed 200 µSv (20 mrem). (2) It is unlikely that the external radiation dose in any one year, or the committed dose resulting from the intake of radioactive material in any one year, to a suitable sample of the group of individuals expected to be most highly exposed to radiation or radioactive material from disposal of the quantities of units likely to accumulate in the same disposal site will exceed 10 µSv (1 mrem). (3) It is unlikely that there will be a significant reduction in the effectiveness of the containment, shielding, or other safety features of the device from wear and abuse likely to occur in normal handling and use of the device during its useful life. (4) In use, handling, storage, and disposal of the quantities of exempt units likely to accumulate in one location, including during marketing, distribution, installation, and servicing of the device, the probability is low that the containment, shielding, or other safety features of the device would fail under such circumstances that a person would receive an external radiation dose or committed dose in excess of 5 mSv (500 mrem), and the probability is negligible that a person would receive an external radiation dose or committed dose of 100 mSv (10 rem) or greater. 1 1 It is the intent of this paragraph that as the magnitude of the potential dose increases above that permitted under normal conditions, the probability that any individ… | ||||
| 10:10:1.0.1.1.22.1.91.22 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.32 Conditions of licenses issued under § 32.30: Quality control, labeling, and reports of transfer. | NRC | [77 FR 43692, July 25, 2012] | Each person licensed under § 32.30 shall: (a) Carry out adequate control procedures in the manufacture of the device to ensure that each production lot meets the quality control standards approved by the Commission; (b) Label or mark each device and its point-of-sale package so that: (1) Each item has a durable, legible, readily visible label or marking on the external surface of the device containing: (i) The following statement: “CONTAINS RADIOACTIVE MATERIAL”; (ii) The name of the radionuclide(s) and quantity(ies) of activity; (iii) An identification of the person licensed under § 32.30 to transfer the device for use under § 30.22 of this chapter or equivalent regulations of an Agreement State; and (iv) Instructions and precautions necessary to assure safe installation, operation, and servicing of the device (documents such as operating and service manuals may be identified in the label and used to provide this information). (2) The external surface of the point-of-sale package has a legible, readily visible label or marking containing: (i) The name of the radionuclide and quantity of activity; (ii) An identification of the person licensed under § 32.30 to transfer the device for use under § 30.22 of this chapter or equivalent regulations of an Agreement State; and (iii) The following or a substantially similar statement: “THIS DEVICE CONTAINS RADIOACTIVE MATERIAL AND HAS BEEN MANUFACTURED IN COMPLIANCE WITH U.S. NUCLEAR REGULATORY COMMISSION SAFETY CRITERIA IN 10 CFR 32.31. THE PURCHASER IS EXEMPT FROM ANY REGULATORY REQUIREMENTS.” (3) Each device and point-of-sale package contains such other information as may be required by the Commission; and (c) Maintain records of all transfers and file a report with the Director of the Office of Nuclear Material Safety and Safeguards by an appropriate method listed in § 30.6(a) of this chapter, including in the address: ATTN: Document Control Desk/Exempt Distribution. (1) The report must clearly identify the specific licensee submitting the report and incl… | ||||
| 10:10:1.0.1.1.22.1.91.3 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.13 Same: Prohibition of introduction. | NRC | [72 FR 58487, Oct. 16, 2007] | No person may introduce byproduct material into a product or material knowing or having reason to believe that it will be transferred to persons exempt under § 30.14 of this chapter or equivalent regulations of an Agreement State, except in accordance with a license issued under § 32.11. | ||||
| 10:10:1.0.1.1.22.1.91.4 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.14 Certain items containing byproduct material; requirements for license to apply or initially transfer. | NRC | [31 FR 5316, Apr. 2, 1966, as amended at 34 FR 6652, Apr. 18, 1969; 43 FR 6922, Feb. 17, 1978; 63 FR 32971, June 17, 1998; 72 FR 58487, Oct. 16, 2007; 77 FR 43691, July 25, 2012] | An application for a specific license to apply byproduct material to, or to incorporate byproduct material into, the products specified in § 30.15 of this chapter or to initially transfer for sale or distribution such products containing byproduct material for use pursuant to § 30.15 of this chapter will be approved if: (a) The applicant satisfies the general requirements specified in § 30.33 of this chapter; (b) The applicant submits sufficient information regarding the product pertinent to evaluation of the potential radiation exposure, including: (1) Chemical and physical form and maximum quantity of byproduct material in each product; (2) Details of construction and design of each product; (3) The method of containment or binding of the byproduct material in the product; (4) Except for electron tubes and ionization chamber smoke detectors and timepieces containing promethium-147 or tritium in the form of gaseous tritium light sources, procedures for and results of prototype testing to demonstrate that the byproduct material will not become detached from the product and that the byproduct material will not be released to the environment under the most severe conditions likely to be encountered in normal use of the product; (5) In the case of ionizing radiation measuring instruments and timepieces containing tritium in the form of paint, quality control procedures to be followed in the fabrication of production lots of the product and the quality control standards the product will be required to meet; (6) The proposed method of labeling or marking each unit, except timepieces or hands or dials containing tritium or promethium-147, and its container with the identification of the manufacturer or initial transferor of the product and the byproduct material in the product; (7) For products for which limits on levels of radiation are specified in § 30.15 of this chapter, the radiation level and the method of measurement; (8) Any additional information, including experimental studies and tests, required by… | ||||
| 10:10:1.0.1.1.22.1.91.5 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.15 Same: Quality assurance, prohibition of transfer, and labeling. | NRC | [31 FR 5317, Apr. 2, 1966, as amended at 34 FR 6652, Apr. 18, 1969; 39 FR 22129, June 20, 1974; 43 FR 6922, Feb. 17, 1978; 72 FR 58487, Oct. 16, 2007; 73 FR 42673, July 23, 2008; 77 FR 43691, July 25, 2012; 86 FR 43402, Aug. 9, 2021] | (a) Each person licensed under § 32.14 for products for which quality control procedures are required shall: (1) Maintain quality assurance systems in the manufacture of the part or product, or the installation of the part into the product, in a manner sufficient to provide reasonable assurance that the safety-related components of the distributed products are capable of performing their intended functions; (2) Subject inspection lots to acceptance sampling procedures, by procedures specified in the license issued under § 32.14, to provide at least 95 percent confidence that the Lot Tolerance Percent Defective of 5.0 percent will not be exceeded; and (3) Visually inspect each unit in inspection lots. Any unit which has an observable physical defect that could adversely affect containment of the byproduct material must be considered a defective unit. (b) No person licensed under § 32.14 shall transfer to other persons for use under § 30.15 of this chapter or equivalent regulations of an Agreement State: (1) Any part or product tested and found defective under the criteria and procedures specified in the license issued under § 32.14, unless the defective part or product has been repaired or reworked, retested, and found by an independent inspector to meet the applicable acceptance criteria; or (2) Any part or product contained within any lot that has been sampled and rejected as a result of the procedures in paragraph (a)(2) of this section, unless: (i) A procedure for defining sub-lot size, independence, and additional testing procedures is contained in the license issued under § 32.14; and (ii) Each individual sub-lot is sampled, tested, and accepted in accordance with the procedures specified in paragraphs (a)(2) and (b)(2)(i) of this section and any other criteria that may be required as a condition of the license issued under § 32.14. (c) [Reserved] (d) Each person licensed under § 32.14 for products for which quality control procedures are required shall: (1) Label or mark each unit, except timepie… | ||||
| 10:10:1.0.1.1.22.1.91.6 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.16 Certain items containing byproduct material: Records and reports of transfer. | NRC | [72 FR 58487, Oct. 16, 2007, as amended at 73 FR 5719, Jan. 31, 2008; 73 FR 42673, July 23, 2008] | (a) Each person licensed under § 32.14 shall maintain records of all transfers of byproduct material and file a report with the Director of the Office of Nuclear Material Safety and Safeguards by an appropriate method listed in § 30.6(a) of this chapter, including in the address: ATTN: Document Control Desk/Exempt Distribution. (1) The report must clearly identify the specific licensee submitting the report and include the license number of the specific licensee. (2) The report must indicate that the products are transferred for use under § 30.15 of this chapter, giving the specific paragraph designation, or equivalent regulations of an Agreement State. (b) The report must include the following information on products transferred to other persons for use under § 30.15 or equivalent regulations of an Agreement State: (1) A description or identification of the type of each product and the model number(s), if applicable; (2) For each radionuclide in each type of product and each model number, if applicable, the total quantity of the radionuclide; and (3) The number of units of each type of product transferred during the reporting period by model number, if applicable. (c)(1) The licensee shall file the report, covering the preceding calendar year, on or before January 31 of each year. In its first report after December 17, 2007, the licensee shall separately include data for transfers in prior years not previously reported to the Commission. (2) Licensees who permanently discontinue activities authorized by the license issued under § 32.14 shall file a report for the current calendar year within 30 days after ceasing distribution. (d) If no transfers of byproduct material have been made under § 32.14 during the reporting period, the report must so indicate. (e) The licensee shall maintain the record of a transfer for one year after the transfer is included in a report to the Commission. | ||||
| 10:10:1.0.1.1.22.1.91.7 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.18 Manufacture, distribution and transfer of exempt quantities of byproduct material: Requirements for license. | NRC | [35 FR 6428, Apr. 22, 1970, as amended at 43 FR 6922, Feb. 17, 1978] | An application for a specific license to manufacture, process, produce, package, repackage, or transfer quantities of byproduct material for commercial distribution to persons exempt pursuant to § 30.18 of this chapter or the equivalent regulations of an Agreement State will be approved if: (a) The applicant satisfies the general requirements specified in § 30.33 of this chapter: Provided, however, That the requirements of § 30.33(a) (2) and (3) of this chapter do not apply to an application for a license to transfer byproduct material manufactured, processed, produced, packaged, or repackaged pursuant to a license issued by an Agreement State; (b) The byproduct material is not contained in any food, beverage, cosmetic, drug, or other commodity designed for ingestion or inhalation by, or application to, a human being; (c) The byproduct material is in the form of processed chemical elements, compounds, or mixtures, tissue samples, bioassay samples, counting standards, plated or encapsulated sources, or similar substances, identified as radioactive and to be used for its radioactive properties, but is not incorporated into any manufactured or assembled commodity, product, or device intended for commercial distribution; and (d) The applicant submits copies of prototype labels and brochures and the Commission approves such labels and brochures. | ||||
| 10:10:1.0.1.1.22.1.91.8 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.19 Same: Conditions of licenses. | NRC | [35 FR 6428, Apr. 22, 1970] | Each license issued under § 32.18 is subject to the following conditions: (a) No more than 10 exempt quantities set forth in § 30.71, Schedule B of this chapter shall be sold or transferred in any single transaction. For purposes of this requirement, an individual exempt quantity may be composed of fractional parts of one or more of the exempt quantities in § 30.71, Schedule B of this chapter, provided that the sum of such fractions shall not exceed unity. (b) Each quantity of byproduct material set forth in § 30.71, Schedule B of this chapter shall be separately and individually packaged. No more than 10 such packaged exempt quantities shall be contained in any outer package for transfer to persons exempt pursuant to § 30.18 of this chapter. The outer package shall be such that the dose rate at the external surface of the package does not exceed 0.5 millirem per hour. (c) The immediate container of each quantity or separately packaged fractional quantity of byproduct material shall bear a durable, legible label which (1) identifies the radioisotope and the quantity of radioactivity, and (2) bears the words “Radioactive Material.” (d) In addition to the labeling information required by paragraph (c) of this section, the label affixed to the immediate container, or an accompanying brochure, shall also (1) state that the contents are exempt from NRC or Agreement State licensing requirements; (2) bear the words “Radioactive Material—Not for Human Use—Introduction Into Foods, Beverages, Cosmetics, Drugs, or Medicinals, or Into Products Manufactured for Commercial Distribution is Prohibited—Exempt Quantities Should Not be Combined”; and (3) set forth appropriate additional radiation safety precautions and instructions relating to the handling, use, storage, and disposal of the radioactive material. | ||||
| 10:10:1.0.1.1.22.1.91.9 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | A | Subpart A—Exempt Concentrations and Items | § 32.20 Same: Records and material transfer reports. | NRC | [72 FR 58488, Oct. 16, 2007, as amended at 73 FR 5719, Jan. 31, 2008; 73 FR 42673, July 23, 2008] | (a) Each person licensed under § 32.18 shall maintain records of transfer of material identifying, by name and address, each person to whom byproduct material is transferred for use under § 30.18 of this chapter or the equivalent regulations of an Agreement State and stating the kinds, quantities, and physical form of byproduct material transferred. (b) The licensee shall file a summary report with the Director of the Office of Nuclear Material Safety and Safeguards by an appropriate method listed in § 30.6(a) of this chapter, including in the address: ATTN: Document Control Desk/Exempt Distribution. (1) The report must clearly identify the specific licensee submitting the report and include the license number of the specific licensee. (2) The report must indicate that the materials are transferred for use under § 30.18 or equivalent regulations of an Agreement State. (c) For each radionuclide in each physical form, the report shall indicate the total quantity of each radionuclide and the physical form, transferred under the specific license. (d)(1) The licensee shall file the report, covering the preceding calendar year, on or before January 31 of each year. In its first report after December 17, 2007, the licensee shall separately include the total quantity of each radionuclide transferred for transfers in prior years not previously reported to the Commission. (2) Licensees who permanently discontinue activities authorized by the license issued under § 32.18 shall file a report for the current calendar year within 30 days after ceasing distribution. (e) If no transfers of byproduct material have been made under § 32.18 during the reporting period, the report must so indicate. (f) The licensee shall maintain the record of a transfer for one year after the transfer is included in a summary report to the Commission. | ||||
| 10:10:1.0.1.1.22.2.91.1 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | B | Subpart B—Generally Licensed Items | § 32.51 Byproduct material contained in devices for use under § 31.5; requirements for license to manufacture, or initially transfer. | NRC | [39 FR 43533, Dec. 16, 1974, as amended at 40 FR 8785, Mar. 3, 1975; 42 FR 25721, May 19, 1977; 43 FR 6923, Feb. 17, 1978; 58 FR 67660, Dec. 22, 1993; 59 FR 5520, Feb. 7, 1994; 65 FR 79189, Dec. 18, 2000; 77 FR 43693, July 25, 2012] | (a) An application for a specific license to manufacture, or initially transfer devices containing byproduct material to persons generally licensed under § 31.5 of this chapter or equivalent regulations of an Agreement State will be approved if: (1) The applicant satisfies the general requirements of § 30.33 of this chapter; (2) The applicant submits sufficient information relating to the design, manufacture, prototype testing, quality control, labels, proposed uses, installation, servicing, leak testing, operating and safety instructions, and potential hazards of the device to provide reasonable assurance that: (i) The device can be safely operated by persons not having training in radiological protection; (ii) Under ordinary conditions of handling, storage, and use of the device, the byproduct material contained in the device will not be released or inadvertently removed from the device, and it is unlikely that any person will receive in 1 year a dose in excess of 10 percent of the annual limits specified in § 20.1201(a) of this chapter; and (iii) Under accident conditions (such as fire and explosion) associated with handling, storage and use of the device, it is unlikely that any person would receive an external radiation dose or dose commitment in excess of the dose to the appropriate organ as specified in Column IV of the table in § 32.24. (3) Each device bears a durable, legible, clearly visible label or labels approved by the Commission which contain in a clearly identified and separate statement: (i) Instructions and precautions necessary to assure safe installation, operation, and servicing of the device (documents such as operating and service manuals may be identified in the label and used to provide this information); (ii) The requirements, or lack of requirement, for leak testing, or for testing any on-off mechanism and indicator, including the maximum time interval for such testing, and the identification of radioactive material by isotope, quantity of radioactivity, and date of determinatio… | ||||
| 10:10:1.0.1.1.22.2.91.10 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | B | Subpart B—Generally Licensed Items | § 32.59 Same: Leak testing of each source. | NRC | [77 FR 43694, July 25, 2012] | Each person licensed under § 32.57 shall perform a dry wipe test upon each source containing more than 3.7 kilobecquerels (0.1 microcurie) of americium-241 or radium-226 before transferring the source to a general licensee under § 31.8 of this chapter or under equivalent regulations of an Agreement State. This test must be performed by wiping the entire radioactive surface of the source with a filter paper with the application of moderate finger pressure. The radioactivity on the filter paper must be measured using methods capable of detecting 0.185 kilobecquerel (0.005 microcurie) of americium-241 or radium-226. If a source has been shown to be leaking or losing more than 0.185 kilobecquerel (0.005 microcurie) of americium-241 or radium-226 by the methods described in this section, the source must be rejected and must not be transferred to a general licensee under § 31.8 of this chapter, or equivalent regulations of an Agreement State. | ||||
| 10:10:1.0.1.1.22.2.91.11 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | B | Subpart B—Generally Licensed Items | § 32.60 [Reserved] | NRC | ||||||
| 10:10:1.0.1.1.22.2.91.12 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | B | Subpart B—Generally Licensed Items | § 32.61 Ice detection devices containing strontium-90; requirements for license to manufacture or initially transfer. | NRC | [30 FR 9905, Aug. 10, 1965, as amended at 43 FR 6923, Feb. 17, 1978; 56 FR 23472, May 21, 1991; 58 FR 67660, Dec. 22, 1993; 77 FR 43694, July 25, 2012] | An application for a specific license to manufacture or initially transfer ice detection devices containing strontium-90 for distribution to persons generally licensed under § 31.10 of this chapter will be approved if: (a) The applicant satisfies the general requirements specified in § 30.33 of this chapter; (b) The applicant submits sufficient information regarding each type of device pertinent to evaluation of the potential radiation exposure, including: (1) Chemical and physical form and maximum quantity of strontium-90 in the device; (2) Details of construction and design of the source of radiation and its shielding; (3) Radiation profile of a prototype device; (4) Procedures for and results of prototype testing of devices to demonstrate that the strontium-90 contained in each device will not be released or be removed from the device under the most severe conditions likely to be encountered in normal handling and use; (5) Details of quality control procedures to be followed in manufacture of the device; (6) Description of labeling to be affixed to the device; (7) Instructions for handling and installation of the device; (8) Any additional information, including experimental studies and tests, required by the Commission to facilitate a determination of the safety of the device; (c) Each device will contain no more than 50 microcuries of strontium-90 in an insoluble form; (d) Each device will bear durable, legible labeling which includes the radiation caution symbol prescribed by § 20.1901(a) of this chapter, a statement that the device contains strontium-90 and the quantity thereof, instructions for disposal and statements that the device may be possessed pursuant to a general license, that the manufacturer or civil authorities should be notified if the device is found, that removal of the labeling is prohibited and that disassembly and repair of the device may be performed only by a person holding a specific license to manufacture or service such devices; (e) The Commission determines that: (1) … | ||||
| 10:10:1.0.1.1.22.2.91.13 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | B | Subpart B—Generally Licensed Items | § 32.62 Same: Quality assurance; prohibition of transfer. | NRC | [30 FR 9905, Aug. 10, 1965, as amended at 39 FR 22130, June 20, 1974; 39 FR 26397, July 19, 1974; 43 FR 6923, Feb. 17, 1978; 77 FR 43694, July 25, 2012] | (a) Each person licensed under § 32.61 shall visually inspect each device and shall reject any which has an observable physical defect that could affect containment of the strontium-90. (b) Each person licensed under § 32.61 shall test each device for possible loss of strontium-90 or for contamination by wiping with filter paper an area of at least 100 square centimeters on the outside surface of the device, or by wiping the entire surface area if it is less than 100 square centimeters. The detection on the filter paper of more than 2,200 disintegrations per minute of radioactive material per 100 square centimeters of surface wiped shall be cause for rejection of the tested device. (c) Each person licensed under § 32.61 shall: (1) Maintain quality assurance systems in the manufacture of the ice detection device containing strontium-90 in a manner sufficient to provide reasonable assurance that the safety-related components of the distributed devices are capable of performing their intended functions; and (2) Subject inspection lots to acceptance sampling procedures, by procedures specified in paragraph (d) of this section and in the license issued under § 32.61, to provide at least 95 percent confidence that the Lot Tolerance Percent Defective of 5.0 percent will not be exceeded. (d) Each person licensed under § 32.61 shall subject each inspection lot to: (1) Tests that adequately take into account the individual, aggregate, and cumulative effects of environmental conditions expected in service that could possibly affect the effective containment of strontium-90, such as absolute pressure and water immersion. (2) Inspection for evidence of physical damage, containment failure, or for loss of strontium-90 after each stage of testing, using methods of inspection adequate to determine compliance with the following criteria for defective: A leak resulting in a loss of 0.1 percent or more of the original amount of strontium-90 from the device and any other criteria specified in the license issued under § 32.61.… | ||||
| 10:10:1.0.1.1.22.2.91.14 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | B | Subpart B—Generally Licensed Items | § 32.71 Manufacture and distribution of byproduct material for certain in vitro clinical or laboratory testing under general license. | NRC | [33 FR 16553, Nov. 14, 1968, as amended at 38 FR 34110, Dec. 11, 1973; 39 FR 26148, July 17, 1974; 40 FR 8786, Mar. 3, 1975; 42 FR 21604, Apr. 28, 1977; 42 FR 26987, May 26, 1977; 44 FR 50325, Aug. 28, 1979; 56 FR 23472, May 21, 1991; 58 FR 67660, Dec. 22, 1993; 72 FR 55929, Oct. 1, 2007] | An application for a specific license to manufacturer or distribute byproduct material for use under the general license of § 31.11 of this chapter will be approved if: (a) The applicant satisfies the general requirements specified in § 30.33 of this chapter. (b) The byproduct material is to be prepared for distribution in prepackaged units of: (1) Iodine-125 in units not exceeding 10 microcuries each. (2) Iodine-131 in units not exceeding 10 microcuries each. (3) Carbon-14 in units not exceeding 10 microcuries each. (4) Hydrogen-3 (tritium) in units not exceeding 50 microcuries each. (5) Iron-59 in units not exceeding 20 microcuries each. (6) Selenium-75 in units not exceeding 10 microcuries each. (7) Mock Iodine-125 in units not exceeding 0.05 microcurie of iodine-129 and 0.005 microcurie of americium-241 each. (8) Cobalt-57 in units not exceeding 0.37 megabecquerel (10 microcuries) each. (c) Each prepackaged unit bears a durable, clearly visible label: (1) Identifying the radioactive contents as to chemical form and radionuclide, and indicating that the amount of radioactivity does not exceed 0.37 megabecquerel (10 microcuries) of iodine-131, iodine-125, selenium-75, or carbon-14; 1.85 megabecquerels (50 microcuries) of hydrogen-3 (tritium); or 0.74 megabecquerel (20 microcuries) of iron-59; or Mock Iodine-125 in units not exceeding 1.85 kilobecquerels (0.05 microcurie) of iodine-129 and 0.185 kilobecquerel (0.005 microcurie) of americium-241 each; or cobalt-57 in units not exceeding 0.37 megabecquerel (10 microcuries); and (2) Displaying the radiation caution symbol described in § 20.1901(a) of this chapter and the words, “Caution, Radioactive Material”, and “Not for Internal or External Use in Humans or Animals.” (d) The following statement, or a substantially similar statement which contains the information called for in the following statement, appears on a label affixed to each prepackaged unit or appears in a leaflet or brochure which accompanies the package: 1 1 Labels authorized by th… | ||||
| 10:10:1.0.1.1.22.2.91.2 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | B | Subpart B—Generally Licensed Items | § 32.51a Same: Conditions of licenses. | NRC | [65 FR 79189, Dec. 18, 2000; 65 FR 80991, Dec. 22, 2000] | (a) If a device containing byproduct material is to be transferred for use under the general license contained in § 31.5 of this chapter, each person that is licensed under § 32.51 shall provide the information specified in this paragraph to each person to whom a device is to be transferred. This information must be provided before the device may be transferred. In the case of a transfer through an intermediate person, the information must also be provided to the intended user prior to initial transfer to the intermediate person. The required information includes— (1) A copy of the general license contained in § 31.5 of this chapter; if paragraphs (c)(2) through (4) or (c)(13) of § 31.5 do not apply to the particular device, those paragraphs may be omitted. (2) A copy of §§ 31.2, 30.51, 20.2201, and 20.2202 of this chapter; (3) A list of the services that can only be performed by a specific licensee; (4) Information on acceptable disposal options including estimated costs of disposal; and (5) An indication that NRC's policy is to issue high civil penalties for improper disposal. (b) If byproduct material is to be transferred in a device for use under an equivalent general license of an Agreement State, each person that is licensed under § 32.51 shall provide the information specified in this paragraph to each person to whom a device is to be transferred. This information must be provided before the device may be transferred. In the case of a transfer through an intermediate person, the information must also be provided to the intended user prior to initial transfer to the intermediate person. The required information includes— (1) A copy of the Agreement State's regulations equivalent to §§ 31.5, 31.2, 30.51, 20.2201, and 20.2202 of this chapter or a copy of §§ 31.5, 31.2, 30.51, 20.2201, and 20.2202 of this chapter. If a copy of the NRC regulations is provided to a prospective general licensee in lieu of the Agreement State's regulations, it shall be accompanied by a note explaining that use of the device… | ||||
| 10:10:1.0.1.1.22.2.91.3 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | B | Subpart B—Generally Licensed Items | § 32.52 Same: material transfer reports and records. | NRC | [65 FR 79189, Dec. 18, 2000, as amended at 68 FR 58805, Oct. 10, 2003; 73 FR 5719, Jan. 31, 2008] | Each person licensed under § 32.51 to initially transfer devices to generally licensed persons shall comply with the requirements of this section. (a) The person shall report to the Director, Office of Nuclear Material Safety and Safeguards , ATTN: GLTS, by an appropriate method listed in § 30.6(a) of this chapter, all transfers of such devices to persons for use under the general license in § 31.5 of this chapter and all receipts of devices from persons licensed under § 31.5 of this chapter. The report must be submitted on a quarterly basis on NRC Form 653—“Transfers of Industrial Devices Report” or in a clear and legible report containing all of the data required by the form. (1) The required information for transfers to general licensees includes— (i) The identity of each general licensee by name and mailing address for the location of use; if there is no mailing address for the location of use, an alternate address for the general licensee shall be submitted along with information on the actual location of use. (ii) The name, title, and phone number of the person identified by the general licensee as having knowledge of and authority to take required actions to ensure compliance with the appropriate regulations and requirements; (iii) The date of transfer; (iv) The type, model number, and serial number of the device transferred; and (v) The quantity and type of byproduct material contained in the device. (2) If one or more intermediate persons will temporarily possess the device at the intended place of use before its possession by the user, the report must include the same information for both the intended user and each intermediate person, and clearly designate the intermediate person(s). (3) For devices received from a § 31.5 general licensee, the report must include the identity of the general licensee by name and address, the type, model number, and serial number of the device received, the date of receipt, and, in the case of devices not initially transferred by the reporting licensee, the name… | ||||
| 10:10:1.0.1.1.22.2.91.4 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | B | Subpart B—Generally Licensed Items | § 32.53 Luminous safety devices for use in aircraft: Requirements for license to manufacture, assemble, repair or initially transfer. | NRC | [30 FR 8192, June 26, 1965, as amended at 33 FR 6463, Apr. 27, 1968; 43 FR 6923, Feb. 17, 1978; 77 FR 43693, July 25, 2012] | An application for a specific license to manufacture, assemble, repair or initially transfer luminous safety devices containing tritium or promethium-147 for use in aircraft, for distribution to persons generally licensed under § 31.7 of this chapter, will be approved if: (a) The applicant satisfies the general requirements specified in § 30.33 of this chapter; (b) The applicant submits sufficient information regarding each device pertinent to evaluation of the potential radiation exposure, including: (1) Chemical and physical form and maximum quantity of tritium or promethium-147 in each device; (2) Details of construction and design; (3) Details of the method of binding or containing the tritium or promethium-147; (4) Procedures for and results of prototype testing to demonstrate that the tritium or promethium-147 will not be released to the environment under the most severe conditions likely to be encountered in normal use; (5) Quality assurance procedures to be followed that are sufficient to ensure compliance with § 32.55; (6) Any additional information, including experimental studies and tests, required by the Commission to facilitate a determination of the safety of the device. (c) Each device will contain no more than 10 curies of tritium or 300 millicuries of promethium-147. The levels of radiation from each device containing promethium-147 will not exceed 0.5 millirad per hour at 10 centimeters from any surface when measured through 50 milligrams per square centimeter of absorber. (d) The Commission determines that: (1) The method of incorporation and binding of the tritium or promethium-147 in the device is such that the tritium or promethium-147 will not be released under the most severe conditions which are likely to be encountered in normal use and handling of the device; (2) The tritium or promethium-147 is incorporated or enclosed so as to preclude direct physical contact by any person with it; (3) The device is so designed that it cannot easily be disassembled; and (4) Prototypes of… | ||||
| 10:10:1.0.1.1.22.2.91.5 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | B | Subpart B—Generally Licensed Items | § 32.54 Same: Labeling of devices. | NRC | [33 FR 16331, Nov. 7, 1968, as amended at 40 FR 8785, Mar. 3, 1975; 43 FR 6923, Feb. 17, 1978; 63 FR 39483, July 23, 1998] | (a) A person licensed under § 32.53 to manufacture, assemble, or initially transfer devices containing tritium or promethium-147 for distribution to persons generally licensed under § 31.7 of this chapter shall, except as provided in paragraph (b) of this section, affix to each device a label containing the radiation symbol prescribed by § 20.1901 of this chapter, such other information as may be required by the Commission including disposal instructions when appropriate, and the following or a substantially similar statement which contains the information called for in the following statement: 1 1 Devices licensed under § 32.53 prior to January 19, 1975 may bear labels authorized by the regulations in effect on January 1, 1975. The receipt, possession, use, and transfer of this device, Model* _______, Serial No.* ___, containing ______ (Identity and quantity of radioactive material) are subject to a general license or the equivalent and the regulations of the U.S. NRC or of a State with which the NRC has entered into an agreement for the exercise of regulatory authority. Do not remove this label. CAUTION—RADIOACTIVE MATERIAL (Name of manufacturer, assembler, or initial transferor.)* *The model, serial number, and name of manufacturer, assembler, or initial transferor may be omitted from this label provided they are elsewhere specified in labeling affixed to the device. The receipt, possession, use, and transfer of this device, Model* _______, Serial No.* ___, containing ______ (Identity and quantity of radioactive material) are subject to a general license or the equivalent and the regulations of the U.S. NRC or of a State with which the NRC has entered into an agreement for the exercise of regulatory authority. Do not remove this label. (Name of manufacturer, assembler, or initial transferor.)* *The model, serial number, and name of manufacturer, assembler, or initial transferor may be omitted from this label provided they are elsewhere specified in labeling affixed to the device. (b) If t… | ||||
| 10:10:1.0.1.1.22.2.91.6 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | B | Subpart B—Generally Licensed Items | § 32.55 Same: Quality assurance, prohibition of transfer. | NRC | [77 FR 43693, July 25, 2012] | (a) Each person licensed under § 32.53 shall visually inspect each device and shall reject any that has an observable physical defect that could adversely affect containment of the tritium or promethium-147. (b) Each person licensed under § 32.53 shall: (1) Maintain quality assurance systems in the manufacture of the luminous safety device in a manner sufficient to provide reasonable assurance that the safety-related components of the distributed devices are capable of performing their intended functions; and (2) Subject inspection lots to acceptance sampling procedures, by procedures specified in paragraph (c) of this section and in the license issued under § 32.53, to provide at least 95 percent confidence that the Lot Tolerance Percent Defective of 5.0 percent will not be exceeded. (c) The licensee shall subject each inspection lot to: (1) Tests that adequately take into account the individual, aggregate, and cumulative effects of environmental conditions expected in service that could adversely affect the effective containment of tritium or promethium-147, such as absolute pressure and water immersion. (2) Inspection for evidence of physical damage, containment failure, or for loss of tritium or promethium-147 after each stage of testing, using methods of inspection adequate for applying the following criteria for defective: (i) A leak resulting in a loss of 0.1 percent or more of the original amount of tritium or promethium-147 from the device; (ii) Levels of radiation in excess of 5 microgray (0.5 millirad) per hour at 10 centimeters from any surface when measured through 50 milligrams per square centimeter of absorber, if the device contains promethium-147; and (iii) Any other criteria specified in the license issued under § 32.53. (d) No person licensed under § 32.53 shall transfer to persons generally licensed under § 31.7 of this chapter, or under an equivalent general license of an Agreement State: (1) Any luminous safety device tested and found defective under any condition of a license iss… | ||||
| 10:10:1.0.1.1.22.2.91.7 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | B | Subpart B—Generally Licensed Items | § 32.56 Same: Material transfer reports. | NRC | [77 FR 43694, July 25, 2012] | (a) Each person licensed under § 32.53 shall file an annual report with the Director, Office of Nuclear Material Safety and Safeguards , ATTN: Document Control Desk/GLTS, by an appropriate method listed in § 30.6(a) of this chapter, which must state the total quantity of tritium or promethium-147 transferred to persons generally licensed under § 31.7 of this chapter. The report must identify each general licensee by name, state the kinds and numbers of luminous devices transferred, and specify the quantity of tritium or promethium-147 in each kind of device. Each report must cover the year ending June 30 and must be filed within thirty (30) days thereafter. If no transfers have been made to persons generally licensed under § 31.7 of this chapter during the reporting period, the report must so indicate. (b) Each person licensed under § 32.53 shall report annually all transfers of devices to persons for use under a general license in an Agreement State's regulations that are equivalent to § 31.7 of this chapter to the responsible Agreement State agency. The report must state the total quantity of tritium or promethium-147 transferred, identify each general licensee by name, state the kinds and numbers of luminous devices transferred, and specify the quantity of tritium or promethium-147 in each kind of device. If no transfers have been made to a particular Agreement State during the reporting period, this information must be reported to the responsible Agreement State agency upon request of the agency. | ||||
| 10:10:1.0.1.1.22.2.91.8 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | B | Subpart B—Generally Licensed Items | § 32.57 Calibration or reference sources containing americium-241 or radium-226: Requirements for license to manufacture or initially transfer. | NRC | [30 FR 8192, June 26, 1965, as amended at 43 FR 6923, Feb. 17, 1978; 72 FR 55928, Oct. 1, 2007; 73 FR 42674, July 23, 2008; 77 FR 43694, July 25, 2012] | An application for a specific license to manufacture or initially transfer calibration or reference sources containing americium-241 or radium-226, for distribution to persons generally licensed under § 31.8 of this chapter, will be approved if: (a) The applicant satisfies the general requirements of § 30.33 of this chapter; (b) The applicant submits sufficient information regarding each type of calibration or reference source pertinent to evaluation of the potential radiation exposure, including: (1) Chemical and physical form and maximum quantity of americium 241 or radium-226 in the source; (2) Details of construction and design; (3) Details of the method of incorporation and binding of the americium-241 or radium-226 in the source; (4) Procedures for and results of prototype testing of sources, which are designed to contain more than 0.005 microcurie of americium-241 or radium-226, to demonstrate that the americium-241 or radium-226 contained in each source will not be released or be removed from the source under normal conditions of use; (5) Details of quality control procedures to be followed in manufacture of the source; (6) Description of labeling to be affixed to the source or the storage container for the source; (7) Any additional information, including experimental studies and tests, required by the Commission to facilitate a determination of the safety of the source. (c) Each source will contain no more than 5 microcuries of americium-241 or radium-226. (d) The Commission determines, with respect to any type of source containing more than 0.005 microcurie of americium-241 or radium-226, that: (1) The method of incorporation and binding of the americium-241 or radium-226 in the source is such that the americium-241 or radium-226 will not be released or be removed from the source under normal conditions of use and handling of the source; and (2) The source has been subjected to and has satisfactorily passed appropriate tests required by paragraph (e) of this section. (e) The applicant sha… | ||||
| 10:10:1.0.1.1.22.2.91.9 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | B | Subpart B—Generally Licensed Items | § 32.58 Same: Labeling of devices. | NRC | [72 FR 55929, Oct. 1, 2007] | Each person licensed under § 32.57 shall affix to each source, or storage container for the source, a label which shall contain sufficient information relative to safe use and storage of the source and shall include the following statement or a substantially similar statement which contains the information called for in the following statement: 1 1 Sources licensed under § 32.57 before January 19, 1975, may bear labels authorized by the regulations in effect on January 1, 1975. The receipt, possession, use, and transfer of this source, Model, Serial No., are subject to a general license and the regulations of the United States Nuclear Regulatory Commission or of a State with which the Commission has entered into an agreement for the exercise of regulatory authority. Do not remove this label. CAUTION-RADIOACTIVE MATERIAL-THIS SOURCE CONTAINS AMERICIUM-241 (or RADIUM-226). DO NOT TOUCH RADIOACTIVE PORTION OF THIS SOURCE (Name of manufacturer or initial transferor) CAUTION-RADIOACTIVE MATERIAL-THIS SOURCE CONTAINS AMERICIUM-241 (or RADIUM-226). DO NOT TOUCH RADIOACTIVE PORTION OF THIS SOURCE (Name of manufacturer or initial transferor) | ||||
| 10:10:1.0.1.1.22.3.91.1 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | C | Subpart C—Specifically Licensed Items | § 32.72 Manufacture, preparation, or transfer for commercial distribution of radioactive drugs containing byproduct material for medical use under part 35. | NRC | [59 FR 61780, Dec. 2, 1994; 59 FR 65244, Dec. 19, 1994, as amended at 60 FR 324, Jan. 4, 1995; 67 FR 20370, Apr. 24, 2002; 67 FR 62872, Oct. 9, 2002; 67 FR 77652, Dec. 19, 2002; 71 FR 15007, Mar. 27, 2006; 72 FR 45150, Aug. 13, 2007; 72 FR 55929, Oct. 1, 2007; 83 FR 33101, July 16, 2018; 88 FR 57878, Aug. 24, 2023] | (a) An application for a specific license to manufacture, prepare, or transfer for commercial distribution radioactive drugs containing byproduct material for use by persons authorized pursuant to part 35 of this chapter will be approved if: (1) The applicant satisfies the general requirements specified in 10 CFR 30.33; (2) The applicant submits evidence that the applicant is at least one of the following: (i) Registered with the U.S. Food and Drug Administration (FDA) as the owner or operator of a drug establishment that engages in the manufacture, preparation, propagation, compounding, or processing of a drug under 21 CFR 207.17(a); (ii) Registered or licensed with a state agency as a drug manufacturer; (iii) Licensed as a pharmacy by a State Board of Pharmacy; (iv) Operating as a nuclear pharmacy within a Federal medical institution; or (v) A Positron Emission Tomography (PET) drug production facility registered with a State agency. (3) The applicant submits information on the radionuclide; the chemical and physical form; the maximum activity per vial, syringe, generator, or other container of the radioactive drug; and the shielding provided by the packaging to show it is appropriate for the safe handling and storage of the radioactive drugs by medical use licensees; and (4) The applicant commits to the following labeling requirements: (i) A label is affixed to each transport radiation shield, whether it is constructed of lead, glass, plastic, or other material, of a radioactive drug to be transferred for commercial distribution. The label must include the radiation symbol and the words “CAUTION, RADIOACTIVE MATERIAL” or “DANGER, RADIOACTIVE MATERIAL”; the name of the radioactive drug or its abbreviation; and the quantity of radioactivity at a specified date and time. For radioactive drugs with a half life greater than 100 days, the time may be omitted. (ii) A label is affixed to each syringe, vial, or other container used to hold a radioactive drug to be transferred for commercial distribution. The… | ||||
| 10:10:1.0.1.1.22.3.91.2 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | C | Subpart C—Specifically Licensed Items | § 32.74 Manufacture and distribution of sources or devices containing byproduct material for medical use. | NRC | [39 FR 26149, July 17, 1974, as amended at 51 FR 36967, Oct. 16, 1986; 62 FR 59276, Nov. 3, 1997; 67 FR 20370, Apr. 24, 2002; 71 FR 15008, Mar. 27, 2006; 72 FR 45150, Aug. 13, 2007; 77 FR 43695, July 25, 2012] | (a) An application for a specific license to manufacture and distribute sources and devices containing byproduct material to persons licensed under part 35 of this chapter for use as a calibration, transmission, or reference source or for the uses listed in §§ 35.400, 35.500, 35.600, and 35.1000 of this chapter will be approved if: (1) The applicant satisfies the general requirements in § 30.33 of this chapter; (2) The applicant submits sufficient information regarding each type of source or device pertinent to an evaluation of its radiation safety, including: (i) The byproduct material contained, its chemical and physical form, and amount; (ii) Details of design and construction of the source or device; (iii) Procedures for, and results of, prototype tests to demonstrate that the source or device will maintain its integrity under stresses likely to be encountered in normal use and accidents; (iv) For devices containing byproduct material, the radiation profile of a prototype device; (v) Details of quality control procedures to assure that production sources and devices meet the standards of the design and prototype tests; (vi) Procedures and standards for calibrating sources and devices; (vii) Legend and methods for labeling sources and devices as to their radioactive content; (viii) Instructions for handling and storing the source or device from the radiation safety standpoint; these instructions are to be included on a durable label attached to the source or device or attached to a permanent storage container for the source or device: Provided, That instructions which are too lengthy for such label may be summarized on the label and printed in detail on a brochure which is referenced on the label; (3) The label affixed to the source or device, or to the permanent storage container for the source or device, contains information on the radionuclide, quantity and date of assay, and a statement that the U.S. Nuclear Regulatory Commission has approved distribution of the (name of source or device) to p… | ||||
| 10:10:1.0.1.1.22.3.91.3 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | C | Subpart C—Specifically Licensed Items | § 32.201 Serialization of nationally tracked sources. | NRC | [71 FR 65709, Nov. 8, 2006] | Each licensee who manufactures a nationally tracked source after February 6, 2007 shall assign a unique serial number to each nationally tracked source. Serial numbers must be composed only of alpha-numeric characters. | ||||
| 10:10:1.0.1.1.22.4.91.1 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | D | Subpart D—Sealed Source and Device Registration | § 32.210 Registration of product information. | NRC | [52 FR 27786, July 24, 1987, as amended at 60 FR 24551, May 9, 1995; 68 FR 58805, Oct. 10, 2003; 73 FR 5719, Jan. 31, 2008; 77 FR 43695, July 25, 2012] | (a) Any manufacturer or initial distributor of a sealed source or device containing a sealed source may submit a request to the NRC for evaluation of radiation safety information about its product and for its registration. (b) The request for review must be sent to the NRC's Office of Nuclear Material Safety and Safeguards, ATTN: SSDR by an appropriate method listed in § 30.6(a) of this chapter. (c) The request for review of a sealed source or a device must include sufficient information about the design, manufacture, prototype testing, quality control program, labeling, proposed uses and leak testing and, for a device, the request must also include sufficient information about installation, service and maintenance, operating and safety instructions, and its potential hazards, to provide reasonable assurance that the radiation safety properties of the source or device are adequate to protect health and minimize danger to life and property. (d) The NRC normally evaluates a sealed source or a device using radiation safety criteria in accepted industry standards. If these standards and criteria do not readily apply to a particular case, the NRC formulates reasonable standards and criteria with the help of the manufacturer or distributor. The NRC shall use criteria and standards sufficient to ensure that the radiation safety properties of the device or sealed source are adequate to protect health and minimize danger to life and property. Subpart A of this part includes specific criteria that apply to certain exempt products and subpart B includes specific criteria applicable to certain generally licensed devices. Subpart C includes specific provisions that apply to certain specifically licensed items. (e) After completion of the evaluation, the Commission issues a certificate of registration to the person making the request. The certificate of registration acknowledges the availability of the submitted information for inclusion in an application for a specific license proposing use of the product, or concerning u… | ||||
| 10:10:1.0.1.1.22.4.91.2 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | D | Subpart D—Sealed Source and Device Registration | § 32.211 Inactivation of certificates of registration of sealed sources and devices. | NRC | [77 FR 43695, July 25, 2012] | (a) A certificate holder who no longer manufactures or initially transfers any of the sealed source(s) or device(s) covered by a particular certificate issued by the Commission shall request inactivation of the registration certificate. Such a request must be made to the NRC's Office of Nuclear Material Safety and Safeguards, ATTN: SSDR by an appropriate method listed in § 30.6(a) of this chapter and must normally be made no later than two years after initial distribution of all of the source(s) or device(s) covered by the certificate has ceased. However, if the certificate holder determines that an initial transfer was in fact the last initial transfer more than two years after that transfer, the certificate holder shall request inactivation of the certificate within 90 days of this determination and briefly describe the circumstances of the delay. (b) If a distribution license is to be terminated in accordance with § 30.36 of this chapter, the licensee shall request inactivation of its registration certificates associated with that distribution license before the Commission will terminate the license. Such a request for inactivation of certificate(s) must indicate that the license is being terminated and include the associated specific license number. (c) A specific license to manufacture or initially transfer a source or device covered only by an inactivated certificate no longer authorizes the licensee to initially transfer such sources or devices for use. Servicing of devices must be in accordance with any conditions in the certificate, including in the case of an inactive certificate. | ||||
| 10:10:1.0.1.1.22.5.91.1 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | E | Subpart E—Violations | § 32.301 Violations. | NRC | [57 FR 55073, Nov. 24, 1992] | (a) The Commission may obtain an injunction or other court order to prevent a violation of the provisions of— (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or order issued pursuant to those Acts. (b) The Commission may obtain a court order for the payment of a civil penalty imposed under section 234 of the Atomic Energy Act: (1) For violations of— (i) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the Atomic Energy Act of 1954, as amended; (ii) Section 206 of the Energy Reorganization Act; (iii) Any rule, regulation, or order issued pursuant to the sections specified in paragraph (b)(1)(i) of this section; (iv) Any term, condition, or limitation of any license issued under the sections specified in paragraph (b)(1)(i) of this section. (2) For any violation for which a license may be revoked under section 186 of the Atomic Energy Act of 1954, as amended. | ||||
| 10:10:1.0.1.1.22.5.91.2 | 10 | Energy | I | 32 | PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL | E | Subpart E—Violations | § 32.303 Criminal penalties. | NRC | [57 FR 55073, Nov. 24, 1992, as amended at 59 FR 61781, Dec. 2, 1994; 73 FR 42674, July 23, 2008; 77 FR 43696, July 25, 2012] | (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in part 32 are issued under one or more of sections 161b, 161i, or 161o, except for the sections listed in paragraph (b) of this section. (b) The regulations in part 32 that are not issued under subsections 161b, 161i, or 161o for the purposes of section 223 are as follows: §§ 32.1, 32.2, 32.8, 32.11, 32.14, 32.18, 32.21, 32.22, 32.23, 32.24, 32.26, 32.27, 32.28, 32.30, 32.31, 32.51, 32.53, 32.57, 32.61, 32.71, 32.72, 32.74, 32.301, and 32.303. | ||||
| 17:17:1.0.1.1.25.0.7.1 | 17 | Commodity and Securities Exchanges | I | 32 | PART 32—REGULATION OF COMMODITY OPTION TRANSACTIONS | § 32.1 Scope. | CFTC | The provisions of this part shall apply to all commodity option transactions, except for commodity option transactions on a contract of sale of a commodity for future delivery conducted or executed on or subject to the rules of either a designated contract market or a foreign board of trade. | |||||||
| 17:17:1.0.1.1.25.0.7.2 | 17 | Commodity and Securities Exchanges | I | 32 | PART 32—REGULATION OF COMMODITY OPTION TRANSACTIONS | § 32.2 Commodity option transactions; general authorization. | CFTC | Subject to §§ 32.1, 32.4, and 32.5, which shall in any event apply to all commodity option transactions, it shall be unlawful for any person or group of persons to offer to enter into, enter into, confirm the execution of, maintain a position in, or otherwise conduct activity related to any transaction in interstate commerce that is a commodity option transaction, unless: (a) Such transaction is conducted in compliance with and subject to the provisions of the Act, including any Commission rule, regulation, or order thereunder, otherwise applicable to any other swap, or (b) Such transaction is conducted pursuant to § 32.3. | |||||||
| 17:17:1.0.1.1.25.0.7.3 | 17 | Commodity and Securities Exchanges | I | 32 | PART 32—REGULATION OF COMMODITY OPTION TRANSACTIONS | § 32.3 Trade options. | CFTC | [81 FR 14974, Mar. 21, 2016] | (a) Subject to paragraphs (b), (c), and (d) of this section, the provisions of the Act, including any Commission rule, regulation, or order thereunder, otherwise applicable to any other swap shall not apply to, and any person or group of persons may offer to enter into, enter into, confirm the execution of, maintain a position in, or otherwise conduct activity related to, any transaction in interstate commerce that is a commodity option transaction, provided that: (1) Such commodity option transaction must be offered by a person that has a reasonable basis to believe that the transaction is offered to an offeree as described in paragraph (a)(2) of this section. In addition, the offeror must be either: (i) An eligible contract participant, as defined in section 1a(18) of the Act, as further jointly defined or interpreted by the Commission and the Securities and Exchange Commission or expanded by the Commission pursuant to section 1a(18)(C) of the Act; or (ii) A producer, processor, or commercial user of, or a merchant handling the commodity that is the subject of the commodity option transaction, or the products or by-products thereof, and such offeror is offering or entering into the commodity option transaction solely for purposes related to its business as such; (2) The offeree must be a producer, processor, or commercial user of, or a merchant handling the commodity that is the subject of the commodity option transaction, or the products or by-products thereof, and such offeree is offered or entering into the commodity option transaction solely for purposes related to its business as such; and (3) The commodity option must be intended to be physically settled, so that, if exercised, the option would result in the sale of an exempt or agricultural commodity for immediate or deferred shipment or delivery. (b) In connection with any commodity option transaction entered into pursuant to paragraph (a) of this section, every counterparty that is not a swap dealer or major swap participant shall obtain a legal… | ||||||
| 17:17:1.0.1.1.25.0.7.4 | 17 | Commodity and Securities Exchanges | I | 32 | PART 32—REGULATION OF COMMODITY OPTION TRANSACTIONS | § 32.4 Fraud in connection with commodity option transactions. | CFTC | In or in connection with an offer to enter into, the entry into, or the confirmation of the execution of, any commodity option transaction, it shall be unlawful for any person directly or indirectly: (a) To cheat or defraud or attempt to cheat or defraud any other person; (b) To make or cause to be made to any other person any false report or statement thereof or cause to be entered for any person any false record thereof; or (c) To deceive or attempt to deceive any other person by any means whatsoever. | |||||||
| 17:17:1.0.1.1.25.0.7.5 | 17 | Commodity and Securities Exchanges | I | 32 | PART 32—REGULATION OF COMMODITY OPTION TRANSACTIONS | § 32.5 Option transactions entered into prior to the effective date of this part. | CFTC | Nothing contained in this part shall be construed to affect any lawful activities that occurred prior to the effective date of this part. | |||||||
| 28:28:1.0.1.1.33.0.14.1 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | § 32.0 Scope of part. | DOJ | [73 FR 76528, Dec. 17, 2008] | This part implements the Act, which, as a general matter, authorizes the payment of three different legal gratuities: (a) Death benefits; (b) Disability benefits; and (c) Educational assistance benefits. | ||||||
| 28:28:1.0.1.1.33.1.14.1 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | A | Subpart A—General Provisions | § 32.1 Scope of subpart. | DOJ | This subpart contains provisions generally applicable to this part. | |||||
| 28:28:1.0.1.1.33.1.14.2 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | A | Subpart A—General Provisions | § 32.2 Computation of time; filing. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22378, May 15, 2018] | (a) In computing any period of time prescribed or allowed, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a federal legal holiday, or, when the act to be done is a filing with the PSOB Office, a day on which weather or other conditions have caused that Office to be closed or inaccessible, in which event the period runs until the end of the next day that is not one of the aforedescribed days. (b) Except as provided in paragraph (g) of this section, a filing is deemed filed with the PSOB Office, a Hearing Officer, the Director, or any other OJP office, -officer, -employee, or -agent, only on the day that it actually is received at the office of the same. When a filing is prescribed to be filed with more than one of the foregoing, it shall be deemed filed as of the day the last such one so receives it. (c) Except as provided in paragraph (g) of this section, notice is served by the PSOB Office upon an individual on the day that it is— (1) Mailed, by U.S. mail, addressed to the individual (or to his representative) at his (or his representative's) last address known to such Office; or (2) Delivered to a courier or other delivery service, addressed to the individual (or to his representative) at his (or his representative's) last address known to such Office. (d) In the event of withdrawal or abandonment of a filing, the time periods prescribed for the filing thereof shall not be tolled, unless, for good cause shown, the Director grants a waiver. (e) No claim may be filed (or approved) under the Act, at 34 U.S.C. 10281(a) or (b), with respect to an injury, if a claim under the Act, at 34 U.S.C. 10286 or Public Law 107-37, has been approved, with respect to the same injury. (f) No claim may be filed (or approved) under the Act, at 34 U.S.C. 10286 or Public Law 107-37, with respect to an injury, if a claim under the Act, at 34 U.S.C. 10281(a) or (b), … | ||||
| 28:28:1.0.1.1.33.1.14.3 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | A | Subpart A—General Provisions | § 32.3 Definitions. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 73 FR 76528, Dec. 17, 2008; 78 FR 29234, May 20, 2013; 79 FR 35492, June 23, 2014; 83 FR 22378, May 15, 2018] | Act means the Public Safety Officers' Benefits Act of 1976 (generally codified at 34 U.S.C. 10281, et seq.; part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968) (including (uncodified) sections 4 through 6 thereof (payment in advance of appropriations, rule of construction and severability, and effective date and applicability)), as applicable (cf. § 32.4(d)) according to its effective date and those of its various amendments ( e.g., Sep. 29, 1976 (deaths of State and local law enforcement officers and firefighters); Oct 3, 1996 (educational assistance (federal law enforcement officer disabled)); Nov. 14, 1998 (educational assistance (officer (other than federal law enforcement officer) disabled)); Oct. 30, 2000 (disaster relief workers); Sep. 11, 2001 (chaplains and insurance beneficiaries); Dec. 15, 2003 (certain heart attacks and strokes); Apr. 5, 2006 (designated beneficiaries); June 1, 2009 (certain members of rescue squads or ambulance crews); Jan. 2, 2013 (designated beneficiaries; vascular ruptures); and June 2, 2017 (certain administrative changes)); and also includes Public Law 107-37 and section 611 of the USA PATRIOT Act (both of which relate to payment of benefits, described under subpart 1 of such part L, in connection, respectively, with the terrorist attacks of Sept. 11, 2001, or with such terrorist attacks as may occur after Oct. 26, 2001), as well as the proviso under the Public Safety Officers Benefits heading in title II of division B of section 6 of Public Law 110-161. Adopted child —An individual is an adopted child of a public safety officer only if— (1) The individual is legally adopted by the officer; or (2) As of the injury date, and not being a stepchild, the individual was— (i) Known by the officer not to be his biological first-generation offspring; and (ii) After the officer obtained such knowledge, in a parent-child relationship with him. Authorized commuting means travel (not being described in the Act, at 34 U.S.C. 10282, and not being a frolic o… | ||||
| 28:28:1.0.1.1.33.1.14.4 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | A | Subpart A—General Provisions | § 32.4 Terms; construction, severability; effect. | DOJ | [73 FR 76531, Dec. 17, 2008, as amended at 83 FR 22382, May 15, 2018] | (a) In determining the meaning of any provision of this part, unless the context should indicate otherwise, the first three provisions of 1 U.S.C. 1 (rules of construction) shall apply. (b) If benefits are denied to any individual pursuant to the Act, at 34 U.S.C. 10282(a)(4), or otherwise because his actions were a substantial contributing factor to the death of the public safety officer, such individual shall be presumed irrebuttably, for all purposes, not to have survived the officer. (c) Any provision of this part held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable herefrom and shall not affect the remainder hereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances. (d) Unless the same should expressly provide otherwise (e.g., by use of the word “hereafter” in an appropriations proviso), any amendment to the Act (or any statutory enactment otherwise directly referent or -applicable to the program that is the subject of this part), shall apply only with respect to injuries (or, in connection with claims under the Act, at 34 U.S.C. 10281(k), shall apply only with respect to heart attacks, strokes, or vascular ruptures referred to in the Act, at 34 U.S.C. 10281(k)(2)) occurring on or after the date it takes effect. (e) Unless expressly provided otherwise, any reference in this part to any provision of law not in this part shall be understood to constitute a general reference under the doctrine of incorporation by reference, and thus to include any subsequent amendments to the provision. | ||||
| 28:28:1.0.1.1.33.1.14.5 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | A | Subpart A—General Provisions | § 32.5 Evidence. | DOJ | [73 FR 76531, Dec. 17, 2008, as amended at 83 FR 22383, May 15, 2018] | (a) Except as otherwise may be expressly provided in the Act or this part, a claimant has the burden of persuasion as to all material issues of fact, and by the standard of proof of “more likely than not.” (b) Except as otherwise may be expressly provided in the Act or this part, the PSOB determining official may, at his discretion, consider (but shall not be bound by) the factual findings of a public agency (or public safety agency). (c) Rules 301 (presumptions), 401 (relevant evidence), 402 (admissibility), 602 to 604 (witnesses), 701 to 704 (testimony), 901 to 903 (authentication), and 1001 to 1007 (contents of writings, records, and photographs) of the Federal Rules of Evidence shall apply, mutatis mutandis, to all filings, hearings, and other proceedings or matters. No extrinsic evidence of authenticity as a condition precedent to admissibility shall be required with respect to any document purporting to bear the signature of an expert engaged by the BJA. (d) In determining a claim, the PSOB determining official may, at his discretion, draw an adverse inference if, without reasonable justification or excuse— (1) A claimant fails or refuses to file with the PSOB Office— (i) Such material- or relevant evidence or -information within his possession, control, or ken as may reasonably be requested from time to time by such official; or (ii) Such authorizations or waivers as may reasonably be requested from time to time by such official to enable him (or to assist in enabling him) to obtain access to material- or relevant evidence or -information of a medical, personnel, financial, or other confidential nature; (2) A claimant under subpart C of this part fails or refuses to appear in person— (i) At his hearing under subpart E of this part (if there be such a hearing); or (ii) Before such official (or otherwise permit such official personally to observe his condition), at a time and location reasonably convenient to both, as may reasonably be requested by such official; or (3) A claimant under subpart B… | ||||
| 28:28:1.0.1.1.33.1.14.6 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | A | Subpart A—General Provisions | § 32.6 Payment and repayment. | DOJ | [73 FR 76532, Dec. 17, 2008, as amended at 83 FR 22383, May 15, 2018] | (a) No payment shall be made to (or on behalf of) more than one individual, on the basis of being a particular public safety officer's spouse. If more than one should qualify, payment shall be made to the one with whom the officer considered himself, as of the injury date, to have the closest relationship, except that the individual (if any) who was a member of the officer's household (as of such date) shall be presumed rebuttably to be such one, unless legal proceedings (by the officer against such member, or vice versa) shall have been pending then in any court. (b) No payment shall be made, save pursuant to a claim, filed by (or on behalf of) the payee, that (except as provided in the Act, at 34 U.S.C. 10281(c)) has been approved in a final agency determination. (c) Any amounts that would be paid but for the provisions of paragraph (b) of this section shall be retained by the United States and not paid. (d) With respect to the amount paid to a payee (or on his behalf) pursuant to a claim, the payee shall repay the following, unless, for good cause shown, the Director grants a full or partial waiver pursuant to the Act, at 34 U.S.C. 10281(m): (1) The entire amount, if approval of the claim was based, in whole or in material part, on the payee's (or any other person's or entity's) fraud, concealment or withholding of evidence or information, false, incomplete, or inaccurate statements or representations, mistake, wrongdoing, or deception; or (2) The entire amount subject to divestment, if the payee's entitlement to such payment is divested, in whole or in part, such as by the subsequent discovery of individuals entitled to make equal or superior claims. (e) At the discretion of the Director, repayment of amounts owing or collectible under the Act or this part may, as applicable, be executed through setoffs against future payments on financial claims under subpart D of this part. (f)(1) If the actual net payment of the Victim Compensation Fund after subtraction of any offset required by law (compensation) … | ||||
| 28:28:1.0.1.1.33.1.14.7 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | A | Subpart A—General Provisions | § 32.7 Fees for representative services. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22383, May 15, 2018] | (a) A person seeking to receive any amount from (or with respect to) a claimant for representative services provided in connection with any matter under this part may petition the PSOB Office for authorization under this section. Such petition shall include— (1) An itemized description of the services; (2) The total amount sought to be received, from any source, as consideration for the services; (3) An itemized description of any representative or other services provided to (or on behalf of) the claimant in connection with other claims or causes of action, unrelated to the Act, before any public agency or non-public entity (including any insurer), arising from the public safety officer's death, disability, or injury; (4) The total amount requested, charged, received, or sought to be received, from any source, as consideration for the services described in paragraph (a)(3) of this section; (5) A statement of whether the petitioner has legal training or is licensed to practice law, and a description of any special qualifications possessed by the petitioner (other than legal training or a license to practice law) that increased the value of his services to (or on behalf of) the claimant; (6) A certification that the claimant was provided, simultaneously with the filing of the petition, with— (i) A copy of the petition; and (ii) A letter advising the claimant that he could file his comments on the petition, if any, with the PSOB Office, within thirty-three days of the date of that letter; and (7) A copy of the letter described in paragraph (a)(6)(ii) of this section. (b) Unless, for good cause shown, the Director extends the time for filing, no petition under paragraph (a) of this section shall be considered if the petition is filed with the PSOB Office later than one year after the date of the final agency determination of the claim. (c) Unless the petition is approved pursuant to paragraph (h)(1) of this section (without regard to the exception thereto), consideration of a petition under paragraph (a)… | ||||
| 28:28:1.0.1.1.33.1.14.8 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | A | Subpart A—General Provisions | § 32.8 Exhaustion of administrative remedies. | DOJ | No determination or negative disability finding that, at the time made, may be subject to a request for a Hearing Officer determination, a motion for reconsideration, or a Director appeal, shall be considered a final agency determination for purposes of judicial review, unless all administrative remedies have been exhausted. | |||||
| 28:28:1.0.1.1.33.2.14.1 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | B | Subpart B—Death Benefit Claims | § 32.11 Scope of subpart. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22383, May 15, 2018] | Consistent with § 32.1, this subpart contains provisions applicable to claims made under the Act— (a) At 34 U.S.C. 10281(a); or (b) At 34 U.S.C. 10286 or Public Law 107-37, with respect to a public safety officer's death. | ||||
| 28:28:1.0.1.1.33.2.14.2 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | B | Subpart B—Death Benefit Claims | § 32.12 Time for filing claim. | DOJ | [83 FR 22384, May 15, 2018] | (a) Unless, for good cause shown, the Director extends the time for filing, no claim shall be considered if it is filed with the PSOB Office after whichever of the following is latest: (1) Three years after the public safety officer's death; or (2) One year after the later of— (i) A final determination of entitlement to receive, or of denial of, the benefits, if any, described in § 32.15(a)(1)(i); or (ii) The receipt of the certification described in § 32.15(a)(1)(ii); or (3) The end of the supporting-evidence collection period. (b) Unless, for good cause shown, the Director extends the time for filing, no individual may file a notice of intention to file a claim after the later of— (1) The period described in paragraph (a)(1) of this section; or (2) The period described in paragraph (a)(2) of this section. (c) In the event that a claim is filed that fails to identify and provide foundational evidence as to status and injury, the Director shall deny the claim for lack of that foundational evidence. Not less than thirty-three days prior to such denial, the PSOB Office shall serve the claimant with notice of the date on which the Director will deny for that lack of evidence. Upon the claimant's request, filed prior to the date specified for the denial, the Director shall, in lieu of the denial— (1) Allow the claimant to withdraw his claim; and (2) Deem (as of the date of the request to withdraw) the claimant to have filed a notice of intention to file a claim, if a notice of intention otherwise filed by the claimant on that date would be timely under paragraph (b) of this section. (d) Notwithstanding paragraph (a) of this section, unless, for good cause shown, the Director extends the time for filing, no claim based on an injury sustained by a WTC responder and resulting from the September 11, 2001, attacks shall be considered if it is filed with the PSOB Office after the later of— (1) The time provided in paragraph (a) of this section; or (2) Two years after the earlier of— (i) The date on which the… | ||||
| 28:28:1.0.1.1.33.2.14.3 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | B | Subpart B—Death Benefit Claims | § 32.13 Definitions. | DOJ | [61 FR 50213, Sept. 24, 1996, as amended at 73 FR 76832, Dec. 17, 2008; 83 FR 22384, May 15, 2018] | Adoptive parent of a public safety officer means any individual who (not being a step-parent), as of the injury date, was the legally-adoptive parent of the public safety officer, or otherwise was in a child-parent relationship with him. Beneficiary of a life insurance policy of a public safety officer —An individual (living or deceased on the date of death of the public safety officer) is designated as beneficiary of a life insurance policy of such officer as of such date, only if the designation is, as of such date, legal and valid (as a designation of beneficiary of a life insurance policy) and unrevoked (by such officer or by operation of law) or otherwise unterminated, except that— (1) Any designation of an individual (including any designation of the biological or adoptive offspring of such individual) made in contemplation of such individual's marriage (or purported marriage) to such officer shall be considered to be revoked by such officer as of such date of death if the marriage (or purported marriage) did not take place, unless preponderant evidence demonstrates that— (i) It did not take place for reasons other than personal differences between the officer and the individual; or (ii) No such revocation was intended by the officer; and (2) Any designation of a spouse (or purported spouse) made in contemplation of or during such spouse's (or purported spouse's) marriage (or purported marriage) to such officer (including any designation of the biological or adoptive offspring of such spouse (or purported spouse)) shall be considered to be revoked by such officer as of such date of death if the spouse (or purported spouse) is divorced from such officer after the date of designation and before such date of death, unless preponderant evidence demonstrates that no such revocation was intended by the officer. Beneficiary under the Act, at 34 U.S.C. 10281(a)(4)(A) —An individual (living or deceased on the date of death of the public safety officer) is designated, by such officer (and as of such date), as … | ||||
| 28:28:1.0.1.1.33.2.14.4 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | B | Subpart B—Death Benefit Claims | § 32.14 PSOB Office determination. | DOJ | [73 FR 76534, Dec. 17, 2008, as amended at 83 FR 22385, May 15, 2018] | (a) Upon its approving or denying a claim, the PSOB Office shall serve notice of the same upon the claimant (and upon any other claimant who may have filed a claim with respect to the same public safety officer). Such notice shall — (1) Specify the factual findings and legal conclusions that support it; and (2) In the event of a denial, provide information as to requesting a Hearing Officer determination. (b) Upon a claimant's failure (without reasonable justification or excuse) to pursue in timely fashion the determination, by the PSOB Office, of his filed claim, the Director may, at his discretion, deem the same to be abandoned, as though never filed. Not less than thirty-three days prior thereto, the PSOB Office shall serve the claimant with notice of the Director's intention to exercise such discretion. | ||||
| 28:28:1.0.1.1.33.2.14.5 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | B | Subpart B—Death Benefit Claims | § 32.15 Prerequisite certification. | DOJ | [73 FR 76534, Dec. 17, 2008, as amended at 83 FR 22385, May 15, 2018] | (a) Except as provided in the Act, at 34 U.S.C. 10286 or Public Law 107-37, and unless, for good cause shown, the Director grants a waiver, no claim shall be approved unless the following (which shall be necessary, but not sufficient, for such approval) are filed with the PSOB Office: (1) Subject to paragraphs (b) and (d) of this section, a certification from the public safety officer's public safety agency (as of the injury date) that he died as a direct and proximate result of a line of duty injury, and either— (i) That his survivors (listed by name, address, relationship to him, and amount received) have received (or legally are entitled to receive) the maximum death benefits legally payable by the agency with respect to deaths of public safety officers of his kind, rank, and tenure; or (ii) Subject to paragraph (c) of this section, that the agency is not legally authorized to pay— (A) Any benefits described in paragraph (a)(1)(i) of this section, to any person; or (B) Any benefits described in paragraph (a)(1)(i) of this section, to public safety officers of the kind, rank, and tenure described in such paragraph; (2) A copy of any findings or rulings made by any public agency (or public safety agency) that relate to the officer's death; and (3) A certification from the claimant listing every individual known to him who is or might be the officer's child, spouse, or parent. (b) The provisions of paragraphs (a)(1) and (d) of this section shall also apply with respect to every public agency (or public safety agency) that legally is authorized to pay death benefits with respect to the agency described in such paragraph (a)(1). (c) No certification described in paragraph (a)(1)(ii) of this section shall be deemed complete for purposes of this section unless it— (1) Lists every public agency (other than BJA), and every public safety agency, that legally is authorized to pay death benefits with respect to the certifying agency; or (2) States that no public agency (other than BJA), or public safety agency,… | ||||
| 28:28:1.0.1.1.33.2.14.6 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | B | Subpart B—Death Benefit Claims | § 32.16 Payment. | DOJ | [73 FR 76535, Dec. 17, 2008, as amended at 83 FR 22385, May 15, 2018] | (a) No payment shall be made to (or on behalf of) more than one individual, on the basis of being a public safety officer's parent as his mother, or on that basis as his father. If more than one parent qualifies as the officer's mother, or as his father, payment shall be made to the one with whom the officer considered himself, as of the injury date, to have the closest relationship, except that any biological or legally adoptive parent whose parental rights have not been terminated as of the injury date shall be presumed rebuttably to be such one. (b) Any amount payable with respect to a minor or incompetent shall be paid to his legal guardian, to be expended solely for the benefit of such minor or incompetent. | ||||
| 28:28:1.0.1.1.33.2.14.7 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | B | Subpart B—Death Benefit Claims | § 32.17 Request for Hearing Officer determination. | DOJ | In order to exhaust his administrative remedies, a claimant seeking relief from the denial of his claim shall request a Hearing Officer determination under subpart E of this part. Consistent with § 32.8, any denial that is not the subject of such a request shall constitute the final agency determination. | |||||
| 28:28:1.0.1.1.33.3.14.1 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.21 Scope of subpart. | DOJ | [71 FR 46037, Aug. 10, 2016, as amended at 83 FR 22385, May 15, 2018] | Consistent with § 32.1, this subpart contains provisions applicable to claims made under the Act— (a) At 34 U.S.C. 10281(b); or (b) At 34 U.S.C. 10286 or Public Law 107-37, with respect to a public safety officer's disability. | ||||
| 28:28:1.0.1.1.33.3.14.2 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.22 Time for filing claim. | DOJ | [83 FR 22386, May 15, 2018] | (a) Unless, for good cause shown, the Director extends the time for filing, no claim shall be considered if it is filed with the PSOB Office after the later of— (1) Three years after the injury date; or (2) One year after the later of— (i) A final determination of entitlement to receive, or of denial of, the benefits, if any, described in § 32.25(a)(1)(i); or (ii) The receipt of the certification described in § 32.25(a)(1)(ii); or (3) The end of the supporting-evidence collection period. (b) Unless, for good cause shown, the Director extends the time for filing, no individual may file a notice of intention to file a claim after the later of— (1) The period described in paragraph (a)(1) of this section; or (2) The period described in paragraph (a)(2) of this section. (c) In the event that a claim is filed that fails to identify and provide foundational evidence as to status and injury, the Director shall deny the claim for lack of that foundational evidence. Not less than thirty-three days prior to such denial, the PSOB Office shall serve the claimant with notice of the date on which the Director will deny for that lack of evidence. Upon the claimant's request, filed prior to the date specified for the denial, the Director shall, in lieu of the denial— (1) Allow the claimant to withdraw his claim; and (2) Deem (as of the date of the request to withdraw) the claimant to have filed a notice of intention to file a claim, if a notice of intention otherwise filed by the claimant on that date would be timely under paragraph (b) of this section. (d) Notwithstanding paragraph (a) of this section, unless, for good cause shown, the Director extends the time for filing, no claim based on an injury sustained by a WTC responder and resulting from the September 11, 2001, attacks shall be considered if it is filed with the PSOB Office after the later of— (1) The time provided in paragraph (a) of this section; or (2) Two years after the earlier of— (i) The date on which the WTC-related physical health condition, if… | ||||
| 28:28:1.0.1.1.33.3.14.3 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.23 Definitions. | DOJ | Direct result of an injury —A disability results directly from an injury if the injury is a substantial factor in bringing the disability about. Gainful work means full-or part-time activity that actually is compensated or commonly is compensated. Medical certainty —A fact exists to a degree of medical certainty, when, pursuant to a medical assessment, the fact is demonstrated by convincing evidence. Permanently disabled —An individual is permanently disabled only if there is a degree of medical certainty (given the current state of medicine in the United States) that his disabled condition— (1) Will progressively deteriorate or remain constant, over his expected lifetime; or (2) Otherwise has reached maximum medical improvement. Product of an injury —Permanent and total disability is produced by a catastrophic injury suffered as a direct and proximate result of a personal injury if the disability is a direct result of the personal injury. Residual functional capacity means that which an individual still is capable of doing, as shown by medical (and, as appropriate, vocational) assessment, despite a disability. Totally disabled —An individual is totally disabled only if there is a degree of medical certainty (given the current state of medicine in the United States) that his residual functional capacity is such that he cannot perform any gainful work. | |||||
| 28:28:1.0.1.1.33.3.14.4 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.24 PSOB Office determination. | DOJ | [71 FR 46037, Aug. 10, 2018, as amended at 83 FR 22386, May 15, 2018] | (a) Upon its approving or denying a claim, the PSOB Office shall serve notice of the same upon the claimant (and upon any other claimant who may have filed a claim with respect to the same public safety officer). Such notice shall— (1) Specify the factual findings and legal conclusions that support it; and (2) In the event of a denial, provide information as to— (i) Requesting a Hearing Officer determination; or (ii) As applicable, moving to reconsider a negative disability finding. (b) Upon a claimant's failure (without reasonable justification or excuse) to pursue in timely fashion the determination of his filed claim, the Director may, at his discretion, deem the same to be abandoned, as though never filed. Not less than thirty-three days prior thereto, the PSOB Office shall serve the claimant with notice of the Director's intention to exercise such discretion. | ||||
| 28:28:1.0.1.1.33.3.14.5 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.25 Prerequisite certification. | DOJ | [71 FR 46037, Aug. 10, 2018, as amended at 83 FR 22386, May 15, 2018] | (a) Except as provided in the Act, at 34 U.S.C. 10286 or Public Law 107-37, and unless, for good cause shown, the Director grants a waiver, no claim shall be approved unless the following (which shall be necessary, but not sufficient, for such approval) are filed with the PSOB Office: (1) Subject to paragraph (b) of this section, a certification from the public safety officer's public safety agency (as of the injury date) that he was permanently and totally disabled as a direct result of a line of duty injury, and either— (i) That he has received (or legally is entitled to receive) the maximum disability benefits (including workers' compensation) legally payable by the agency with respect to disabled public safety officers of his kind, rank, and tenure; or (ii) Subject to paragraph (c) of this section, that the agency is not legally authorized to pay— (A) Any benefits described in paragraph (a)(1)(i) of this section, to any person; or (B) Any benefits described in paragraph (a)(1)(i) of this section, to public safety officers of the kind, rank, and tenure described in such paragraph; and (2) A copy of— (i) Each State, local, and federal income tax return filed by or on behalf of the public safety officer from the year before the injury date to the date of determination by the PSOB determining official; and (ii) Any rulings or findings made by any public agency (or public safety agency) that relate to the claimed disability. (b) The provisions of paragraph (a)(1) of this section shall also apply with respect to every public agency (or public safety agency) that legally is authorized to pay disability benefits with respect to the agency described in that paragraph. (c) No certification described in paragraph (a)(1)(ii) of this section shall be deemed complete unless it— (1) Lists every public agency (other than BJA), and every public safety agency, that legally is authorized to pay disability benefits with respect to the certifying agency; or (2) States that no public agency (other than BJA), or public … | ||||
| 28:28:1.0.1.1.33.3.14.6 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.26 [Reserved] | DOJ | ||||||
| 28:28:1.0.1.1.33.3.14.7 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.27 Motion for reconsideration of negative disability finding. | DOJ | A claimant whose claim is denied in whole or in part on the ground that he has not shown that his claimed disability is total and permanent may move for reconsideration, under § 32.28, of the specific finding as to the total and permanent character of the claimed disability (in lieu of his requesting a Hearing Officer determination with respect to the same). | |||||
| 28:28:1.0.1.1.33.3.14.8 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.28 Reconsideration of negative disability finding. | DOJ | (a) Unless, for good cause shown, the Director extends the time for filing, no negative disability finding described in § 32.27 shall be reconsidered if the motion under that section is filed with the PSOB Office later than thirty-three days after the service of notice of the denial. (b) Notwithstanding any other provision of this section, no negative disability finding described in § 32.27 shall be reconsidered— (1) If or after such reconsideration is rendered moot ( e.g. , by the final denial of the claim on other grounds, without possibility of further administrative or judicial recourse); or (2) If a request for a Hearing Officer determination has been filed in timely fashion with respect to such finding. (c) Unless, for good cause shown, the Director grants a waiver, upon the making of a motion under § 32.27, reconsideration of the negative disability finding described in that section shall be stayed for three years. Upon the conclusion of the stay, the claimant shall have not more than six years to file evidence with the PSOB Office in support of his claimed disability. (d) Upon a claimant's failure (without reasonable justification or excuse) to file in timely fashion evidence pursuant to paragraph (c) of this section, the Director may, at his discretion, deem the motion for reconsideration to be abandoned, as though never filed. Not less than thirty-three days prior thereto, the PSOB Office shall serve the claimant with notice of the Director's intention to exercise such discretion. (e) No negative disability finding described in § 32.27 shall be reversed unless a copy (which shall be necessary, but not sufficient, for such reversal) of each federal, State, and local income tax return filed by or on behalf of the claimant from the year before the date of the motion for reconsideration under that section to the date of reversal is filed with the PSOB Office. (f) Upon its affirming or reversing a negative disability finding described in § 32.27, the PSOB Office shall serve notice of the same upon the… | |||||
| 28:28:1.0.1.1.33.3.14.9 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.29 Request for Hearing Officer determination. | DOJ | [73 FR 76535, Dec. 17, 2008] | (a) In order to exhaust his administrative remedies, a claimant seeking relief from the denial of his claim shall request a Hearing Officer determination under subpart E of this part— (1) Of— (i) His entire claim, if he has not moved for reconsideration of a negative disability finding under § 32.27; or (ii) Consistent with § 32.42(c), the grounds (if any) of the denial that are not the subject of such motion, if he has moved for reconsideration of a negative disability finding under § 32.27; and (2) Of a negative disability finding that is affirmed pursuant to his motion for reconsideration under § 32.27. (b) Consistent with § 32.8, the following shall constitute the final agency determination: (1) Any denial not described in § 32.27 that is not the subject of a request for a Hearing Officer determination under paragraph (a)(1)(i) of this section; (2) Any denial described in § 32.27 that is not the subject of a request for a Hearing Officer determination under paragraph (a)(1)(ii) of this section, unless the negative disability finding is the subject of a motion for reconsideration; and (3) Any affirmance that is not the subject of a request for a Hearing Officer determination under paragraph (a)(2) of this section. | ||||
| 28:28:1.0.1.1.33.4.14.1 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | D | Subpart D—Educational Assistance Benefit Claims | § 32.31 Scope of subpart. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22386, May 15, 2018] | Consistent with § 32.1, this subpart contains provisions applicable to claims ( i.e. , threshold claims and financial claims) made under the Act, at 34 U.S.C. 10302. | ||||
| 28:28:1.0.1.1.33.4.14.2 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | D | Subpart D—Educational Assistance Benefit Claims | § 32.32 Time for filing claim. | DOJ | [73 FR 76535, Dec. 17, 2008, as amended at 83 FR 22386, May 15, 2018] | (a) Subject to the Act, at 34 U.S.C. 10302(c), and to paragraph (b) of this section, a claim may be filed with the PSOB Office at any time after the injury date. (b) Unless, for good cause shown, the Director grants a waiver, no financial claim may be filed with the PSOB Office, with respect to a grading period that commences more than six months after the date of filing. (c) A claimant may file with his claim such supporting documentary, electronic, video, or other non-physical evidence and legal arguments as he may wish to provide. | ||||
| 28:28:1.0.1.1.33.4.14.3 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | D | Subpart D—Educational Assistance Benefit Claims | § 32.33 Definitions. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22386, May 15, 2018] | Application means claim ( i.e. , a threshold claim or a financial claim). Assistance means financial assistance. Child of an eligible public safety officer means the child of a public safety officer, which officer is an eligible public safety officer. Educational assistance benefits means benefits specifically to assist in paying educational expenses. Educational expenses means such of the following as may be in furtherance of the educational, professional, or vocational objective of the program of education that forms the basis of a financial claim: (1) Tuition and fees, as described in 20 U.S.C. 1087 ll (1) (higher education assistance); (2) Reasonable expenses for— (i) Room and board (if incurred for attendance on at least a half-time basis); (ii) Books; (iii) Computer equipment; (iv) Supplies; (v) Transportation; and (3) For attendance on at least a three-quarter-time basis, a standard allowance for miscellaneous personal expenses that is the greater of— (i) The allowance for such expenses, as established by the eligible educational institution for purposes of financial aid; or (ii) $200.00 per month. Eligible educational expenses means a claimant's educational expenses, reduced by the amount of educational assistance benefits from non-governmental organizations that the claimant has received or will receive. Eligible public safety officer means a public safety officer— (1) With respect to whose death, benefits under subpart B of this part properly— (i) Have been paid; or (ii) Would have been paid but for operation of the Act, at 34 U.S.C. 10281(f); or (2) With respect to whose disability, benefits under subpart C of this part properly— (i) Have been paid; or (ii) Would have been paid, but for operation of— (A) Paragraph (b) of § 32.6; or (B) The Act, at 34 U.S.C. 10281(f). Financial assistance means financial assistance, as described in the Act, at 34 U.S.C. 10302. Financial claim means a request for financial assistance, with respect to attendance at a program of education… | ||||
| 28:28:1.0.1.1.33.4.14.4 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | D | Subpart D—Educational Assistance Benefit Claims | § 32.34 PSOB Office determination. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22387, May 15, 2018] | (a) In the event of the PSOB Office's denying a claim, the notice it serves upon the claimant shall— (1) Specify the factual findings and legal conclusions that support the denial; and (2) Provide information as to requesting a Hearing Officer determination. (b) No financial claim shall be approved, unless the claimant's threshold claim has been approved. (c) Upon a claimant's failure (without reasonable justification or excuse) to pursue in timely fashion the determination of his filed claim, the Director may, at his discretion, deem the same to be abandoned, as though never filed. Not less than thirty-three days prior thereto, the PSOB Office shall serve the claimant with notice of the Director's intention to exercise such discretion. | ||||
| 28:28:1.0.1.1.33.4.14.5 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | D | Subpart D—Educational Assistance Benefit Claims | § 32.35 Disqualification. | DOJ | No claim shall be approved if the claimant is— (a) In default on any student loan obtained under 20 U.S.C. 1091 (higher education assistance), unless, for good cause shown, the Director grants a waiver; or (b) Subject to a denial of federal benefits under 21 U.S.C. 862 (drug traffickers and possessors). | |||||
| 28:28:1.0.1.1.33.4.14.6 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | D | Subpart D—Educational Assistance Benefit Claims | § 32.36 Payment and repayment. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22387, May 15, 2018] | (a) The computation described in the Act, at 34 U.S.C. 10302(a)(2), shall be based on a certification from the eligible educational institution as to the claimant's full-, three-quarter-, half-, or less-than-half-time student status, according to such institution's own academic standards and practices. (b) No payment shall be made with respect to any grading period that ended before the injury date. (c) With respect to any financial claim, no amount shall be payable that exceeds the amount of the eligible educational expenses that form the basis of the claim. (d) In the event that appropriations for a fiscal year are insufficient for full payment of all approved or anticipated financial claims, the following payments shall be made— (1) The amounts payable on approved prospective financial claims from claimants in financial need, to the extent of such need (if sufficient funds be available therefor), in the order the claims are approved; (2) All other amounts payable on approved prospective financial claims (in the order the claims are approved), if sufficient funds be available therefor— (i) After payment of all amounts payable pursuant to paragraph (d)(1) of this section; and (ii) After making allowance for anticipated amounts payable in the fiscal year pursuant to paragraph (d)(1) of this section; and (3) The amounts payable on approved retroactive financial claims (in the order the claims are approved), if sufficient funds be available therefor— (i) After payment of all amounts payable pursuant to paragraphs (d)(1) and (2) of this section; and (ii) After making allowance for anticipated amounts payable in the fiscal year, pursuant to paragraphs (d)(1) and (2) of this section. (e) In the event that, at the conclusion of a fiscal year, any amounts remain payable on an approved financial claim, such amounts shall remain payable thereafter until paid (when appropriations be sufficient therefor). (f) In the event that any amounts remain payable on an approved prospective financial claim after the end of… | ||||
| 28:28:1.0.1.1.33.4.14.7 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | D | Subpart D—Educational Assistance Benefit Claims | § 32.37 Request for Hearing Officer determination. | DOJ | In order to exhaust his administrative remedies, a claimant seeking relief from the denial of his claim shall request a Hearing Officer determination under subpart E of this part. Consistent with § 32.8, any denial that is not the subject of such a request shall constitute the final agency determination. | |||||
| 28:28:1.0.1.1.33.5.14.1 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | E | Subpart E—Hearing Officer Determinations | § 32.41 Scope of subpart. | DOJ | [73 FR 76535, Dec. 17, 2008] | Consistent with § 32.1, this subpart contains provisions applicable to requests for Hearing Officer determination of claims denied under subpart B, C (including affirmances of negative disability findings described in § 32.27), or D of this part, and of claims remanded (or matters referred) under § 32.54(c). | ||||
| 28:28:1.0.1.1.33.5.14.2 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | E | Subpart E—Hearing Officer Determinations | § 32.42 Time for filing request for determination. | DOJ | [73 FR 76535, Dec. 17, 2008] | (a) Subject to paragraph (c) of this section, and unless, for good cause shown, the Director extends the time for filing, no claim shall be determined if the request therefor is filed with the PSOB Office later than thirty-three days after the service of notice of— (1) The denial (under subpart B, C (except as may be provided in paragraph (a)(2) of this section), or D of this part) of a claim; or (2) The affirmance (under subpart C of this part) of a negative disability finding described in § 32.27. (b) A claimant may file with his request for a Hearing Officer determination such supporting documentary, electronic, video, or other non-physical evidence and legal arguments as he may wish to provide. (c) The timely filing of a motion for reconsideration under § 32.28(a) shall be deemed to constitute a timely filing, under paragraph (a) of this section, of a request for determination with respect to any grounds described in § 32.29(a)(1)(ii) that may be applicable. | ||||
| 28:28:1.0.1.1.33.5.14.3 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | E | Subpart E—Hearing Officer Determinations | § 32.43 Appointment and assignment of Hearing Officers. | DOJ | [73 FR 76535, Dec. 17, 2008, as amended at 78 FR 29234, May 20, 2013; 83 FR 22387, May 15, 2018] | (a) Pursuant to 34 U.S.C. 10225 (employment and authority of hearing officers), Hearing Officers may be appointed from time to time by the Director, to remain on the roster of such Officers at his pleasure. (b) Upon the filing of a request for a Hearing Officer determination (or upon remand or referral), the PSOB Office shall assign the claim to a Hearing Officer on the roster; the PSOB Office may assign a particular claim to a specific Hearing Officer if it judges, in its discretion, that his experience or expertise suit him especially for it. (c) Upon its making the assignment described in paragraph (b) of this section, the PSOB Office shall serve notice of the same upon the claimant, with an indication that any evidence or legal argument he wishes to provide is to be filed simultaneously with the PSOB Office and the Hearing Officer. (d) With respect to an assignment described in paragraph (b) of this section, the Hearing Officer's consideration shall be— (1) De novo (unless the Director should expressly prescribe otherwise, with respect to a particular remand or referral), rather than in review of the findings, determinations, affirmances, reversals, assignments, authorizations, decisions, judgments, rulings, or other actions of the PSOB Office; and (2) Consistent with subpart B, C, or D of this part, as applicable. | ||||
| 28:28:1.0.1.1.33.5.14.4 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | E | Subpart E—Hearing Officer Determinations | § 32.44 Hearing Officer determination. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 78 FR 29234, May 20, 2013; 83 FR 22387, May 15, 2018] | (a) Upon his determining a claim, the Hearing Officer shall file a notice of the same simultaneously with the Director (for his review under subpart F of this part in the event of approval) and the PSOB Office, which notice shall specify the factual findings and legal conclusions that support it. (b) Upon a Hearing Officer's approving or denying a claim, the PSOB Office shall serve notice of the same simultaneously upon the claimant (and upon any other claimant who may have filed a claim with respect to the same public safety officer). Such notice shall— (1) Specify the Hearing Officer's factual findings and legal conclusions that support it; and (2) In the event of a denial, provide information as to Director appeals. (c) Upon a claimant's failure (without reasonable justification or excuse) to pursue in timely fashion the determination of his claim pursuant to his filed request therefor, the Director may, at his discretion, deem the request to be abandoned, as though never filed. Not less than thirty-three days prior thereto, the PSOB Office shall serve the claimant with notice of the Director's intention to exercise such discretion. | ||||
| 28:28:1.0.1.1.33.5.14.5 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | E | Subpart E—Hearing Officer Determinations | § 32.45 Hearings. | DOJ | [73 FR 76536, Dec. 17, 2008, as amended at 83 FR 22387, May 15, 2018] | (a) Except with respect to a remand or referral, at the election of a claimant under subpart B or C of this part, the Hearing Officer shall hold a hearing, at a location agreeable to the claimant and the Officer (or, otherwise, at a location ruled by the Hearing Officer to be suitable), for the sole purposes of obtaining, consistent with § 32.5(c), (1) Evidence from the claimant and his fact or expert witnesses; and (2) Such other evidence as the Hearing Officer, at his discretion, may rule to be necessary or useful. (b) Unless, for good cause shown, the Director extends the time for filing, no election under paragraph (a) of this section shall be honored if it is filed with the PSOB Office later than ninety days after service of the notice described in § 32.43(c). (c) Not less than seven days prior to any hearing, the claimant shall file simultaneously with the PSOB Office and the Hearing Officer a list of all expected fact or expert witnesses and a brief summary of the evidence each witness is expected to provide. (d) At any hearing, the Hearing Officer— (1) May exclude any evidence whose probative value is substantially outweighed by considerations of undue delay, waste of time, or needless presentation of cumulative evidence (2) Shall exclude witnesses (other than the claimant, or any person whose presence is shown by the claimant to be essential to the presentation of his claim), so that they cannot hear the testimony of other witnesses; and (3) Shall (unless the Director should direct or allow otherwise) be the only individual (other than the claimant's representative, if any) who may examine the claimant. (e) Each hearing shall be recorded, and the original of the complete record or transcript thereof shall be made a part of the claim file. (f) Unless, for good cause shown, the Director grants a waiver, a claimant's failure to appear at a hearing (in person or through a representative) shall constitute a withdrawal of his election under paragraph (a) of this section. (g) Upon a claimant's failur… | ||||
| 28:28:1.0.1.1.33.5.14.6 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | E | Subpart E—Hearing Officer Determinations | § 32.46 Director appeal. | DOJ | (a) In order to exhaust his administrative remedies, a claimant seeking relief from the denial of his claim shall appeal to the Director under subpart F of this part. (b) Consistent with § 32.8, any claim denial that is not appealed to the Director under paragraph (a) of this section shall constitute the final agency determination, unless the denial is reviewed otherwise under subpart F of this part. | |||||
| 28:28:1.0.1.1.33.6.14.1 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | F | Subpart F—Director Appeals and Reviews | § 32.51 Scope of subpart. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22387, May 15, 2018] | Consistent with § 32.1, this subpart contains provisions applicable to Director appeals and reviews of claim approvals and denials made under subpart E of this part, and reviews of claim approvals under the Act, at 34 U.S.C. 10286 or Public Law 107-37. | ||||
| 28:28:1.0.1.1.33.6.14.2 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | F | Subpart F—Director Appeals and Reviews | § 32.52 Time for filing Director appeal. | DOJ | [73 FR 76536, Dec. 17, 2008, as amended at 83 FR 22387, May 15, 2018] | (a) Unless, for good cause shown, the Director extends the time for filing, no Director appeal shall be considered if it is filed with the PSOB Office later than thirty-three days after the service of notice of the denial (under subpart E of this part) of a claim. (b) A claimant may file with his Director appeal such supporting documentary, electronic, video, or other non-physical evidence and legal arguments as he may wish to provide. | ||||
| 28:28:1.0.1.1.33.6.14.3 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | F | Subpart F—Director Appeals and Reviews | § 32.53 Review. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22387, May 15, 2018] | (a) Upon the filing of the approval (under subpart E of this part) of a claim, the Director shall review the same. (b) The Director may review— (1) Any claim denial made under subpart E of this part; and (2) Any claim approval made under the Act, at 34 U.S.C. 10286 or Public Law 107-37. (c) Unless the Director judges that it would be unnecessary, the PSOB Office shall serve notice upon the claimant (and upon any other claimant who may have filed a claim with respect to the same public safety officer) of the initiation of a review under paragraph (a) or (b) of this section. Unless the Director judges that it would be unnecessary, such notice shall— (1) Indicate the principal factual findings or legal conclusions at issue; and (2) Offer a reasonable opportunity for filing of evidence or legal arguments. (d) The Director may reconsider a claim under subparts B or C of this part that has been denied in a final agency determination if— (1) The public safety officer was a WTC responder; (2) The claim was based on the allegation that— (i) The WTC responder sustained an injury that was the direct and proximate cause of his death or of his permanent and total disability; and (ii) The WTC responder's injury was sustained in the course of performance of line of duty activity or a line of duty action that exposed him to airborne toxins, other hazards, or other adverse conditions resulting from the September 11, 2001, attacks; (3) The sole ground of the denial was that the claim did not establish that— (i) The WTC responder sustained an injury in the course of performance of line of duty activity or a line of duty action; or (ii) The injury allegedly sustained by the WTC responder was the direct and proximate cause of his death or permanent and total disability; (4) The alleged injury on which the claim was based is a WTC-related health condition; and (5) The claimant files with the PSOB Office a motion for such reconsideration before the earlier of two year— (i) The date on which the WTC-related physical hea… | ||||
| 28:28:1.0.1.1.33.6.14.4 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | F | Subpart F—Director Appeals and Reviews | § 32.54 Director determination. | DOJ | [73 FR 76536, Dec. 17, 2008, as amended at 83 FR 22387, May 15, 2018] | (a) Upon the Director's approving or denying a claim, the PSOB Office shall serve notice of the same simultaneously upon the claimant (and upon any other claimant who may have filed a claim with respect to the same public safety officer), and upon any Hearing Officer who made a determination with respect to the claim. Such notice shall— (1) Specify the factual findings and legal conclusions that support it; and (2) In the event of a denial, provide information as to judicial appeals. (b) Upon a claimant's failure (without reasonable justification or excuse) to pursue in timely fashion the determination of his claim pursuant to his filed Director appeal, the Director may, at his discretion, deem the same to be abandoned, as though never filed. Not less than thirty-three days prior thereto, the PSOB Office shall serve the claimant with notice of the Director's intention to exercise such discretion. (c) With respect to any claim before him, the Director, as appropriate, may (among other things)— (1) Remand the same to the PSOB Office, or to a Hearing Officer; (2) Vacate any related determination under this part; or (3) Refer any related matters to a Hearing Officer (as a special master), to recommend factual findings and dispositions in connection therewith. | ||||
| 28:28:1.0.1.1.33.6.14.5 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | F | Subpart F—Director Appeals and Reviews | § 32.55 Judicial appeal. | DOJ | [83 FR 22387, May 15, 2018] | Consistent with § 32.8, no administrative action other than an approval or denial described in § 32.54(a) shall constitute a final agency determination for purposes of the Act, at 34 U.S.C. 10287. | ||||
| 29:29:1.1.1.1.31.1.66.1 | 29 | Labor | 32 | PART 32—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General Provisions | § 32.1 Purpose. | DOL | [45 FR 66709, Oct. 7, 1980, as amended at 68 FR 51368, Aug. 26, 2003] | Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of handicap in any program or activity receiving Federal financial assistance. The purpose of this part is to implement section 504 with respect to receiving Federal financial assistance from the Department of Labor. | |||||
| 29:29:1.1.1.1.31.1.66.10 | 29 | Labor | 32 | PART 32—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General Provisions | § 32.10 Effect of State or local law or other requirements and effect of employment opportunities. | DOL | [45 FR 66709, Oct. 7, 1980, as amended at 68 FR 51368, Aug. 26, 2003] | (a) The obligation to comply with this part is not obviated or alleviated by the existence of any state or local law or other requirement that, on the basis of handicap, imposes prohibitions or limits upon the eligibility of qualified handicapped individuals to receive services, participate in programs or activities or practice any occupation or profession. (b) The obligation to comply with this part is not obviated or alleviated because employment opportunities in any occupation or profession are or may be more limited for handicapped individuals than for nonhandicapped persons. | |||||
| 29:29:1.1.1.1.31.1.66.2 | 29 | Labor | 32 | PART 32—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General Provisions | § 32.2 Application. | DOL | [45 FR 66709, Oct. 7, 1980, as amended at 68 FR 51367, Aug. 26, 2003] | (a) This part applies to each recipient of Federal financial assistance from the Department of Labor, and to every program or activity that receives such assistance. (b) A government contractor covered by the provisions of section 503 of the Act shall be deemed in compliance with the employment provisions of these regulations if it is in compliance with 41 CFR part 60-741 (as amended after publication of these regulations) with respect to Federal financial assistance from the Department of Labor. | |||||
| 29:29:1.1.1.1.31.1.66.3 | 29 | Labor | 32 | PART 32—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General Provisions | § 32.3 Definitions. | DOL | [45 FR 66709, Oct. 7, 1980, as amended at 61 FR 19985, May 3, 1996; 68 FR 51367, 51368, Aug. 26, 2003] | As used in this part, the term: The Act means the Rehabilitation Act of 1973, Public Law 93-112, as amended by the Rehabilitation Act Amendments of 1974, Public Law 93-516, and by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, Public Law 95-602. Assistant Secretary means the Assistant Secretary for Employment and Training Administration or his or her designee. Applicant for assistance means one who submits an application, request, or plan required to be approved by a Department official or by a recipient as a condition to becoming a recipient. Department means the Department of Labor. Facility means all or any portion of the buildings, structures, equipment, roads, walks, parking lots or other real or personal property or interest in such property which are utilized in the execution of the program or activity for which Federal financial assistance is received. Federal financial assistance means any grant, loan, contract (other than a procurement contract or a contract of insurance or guarantee), or any other arrangement by which the Department provides or otherwise makes available assistance in the form of: (a) Funds; (b) Services of Federal personnel; or (c) Real and personal property or any interest in or use of such property, including: (1) Transfers or leases of such property for less than fair market value or for reduced consideration; and (2) Proceeds from a subsequent transfer or lease of such property if the Federal share of its fair market value is not returned to the Federal Government. Government means the Government of the United States of America. Handicap means any condition or characteristic that renders a person a handicapped individual as defined in this section. Handicapped individual (a) Handicapped individual means any person who— (1) Has a physical or mental impairment which substantially limits one or more major life activities; (2) Has a record of such an impairment; or (3) Is regarded as having such an impairment. … | |||||
| 29:29:1.1.1.1.31.1.66.4 | 29 | Labor | 32 | PART 32—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General Provisions | § 32.4 Discrimination prohibited. | DOL | [45 FR 66709, Oct. 7, 1980, as amended at 68 FR 51367, 51368, Aug. 26, 2003] | (a) General. No qualified handicapped individual shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives Federal financial assistance. (b) Discriminatory actions prohibited. (1) A recipient, in providing any aid, benefit, service or training, may not, directly or through contractual, licensing, or other arrangments, on the basis of handicap: (i) Deny a qualified handicapped individual the opportunity to participate in or benefit from the aid, benefit, service or training; (ii) Afford a qualified handicapped individual an opportunity to participate in or benefit from the aid, benefit, service or training that is not equal to that afforded others; (iii) Provide a qualified handicapped individual with any aid, benefit, service or training that is not as effective as that provided to others; (iv) Provide different or separate aid, benefits, or services to handicapped individuals or to any class of handicapped individuals unless such action is necessary to provide qualified handicapped individuals with aid, benefits, services or training that are as effective as those provided to others; (v) Aid or perpetuate discrimination against a qualified handicapped individual by providing significant assistance to an agency, organization, or person that discriminates on the basis of handicap in providing any aid, benefit, service or training to beneficiaries of the recipient's program or activity; (vi) Deny a qualified handicapped individual the opportunity to participate as a member of planning or advisory boards; or (vii) Otherwise limit a qualified handicapped individual in enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving any aid, benefit, service or training. (2) For purposes of this part, aid, benefits, services or training, to be equally effective, are not required to produce the identical result or level of achievement for handicapped and nonh… |
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CREATE TABLE cfr_sections (
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
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agency TEXT,
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