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102 rows where part_number = 350 sorted by section_id
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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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| 20:20:1.0.2.10.61.0.155.1 | 20 | Employees' Benefits | II | D | 350 | PART 350—GARNISHMENT OF BENEFITS PAID UNDER THE RAILROAD RETIREMENT ACT, THE RAILROAD UNEMPLOYMENT INSURANCE ACT, AND UNDER ANY OTHER ACT ADMINISTERED BY THE BOARD | § 350.1 Authorization for garnishment of benefits paid by the Board. | SSA | [45 FR 28314, Apr. 29, 1980, as amended at 50 FR 12242, Mar. 28, 1985; 53 FR 35807, Sept. 15, 1988] | (a) Annuities and accrued annuities payable under the Railroad Retirement Act, sickness and unemployment benefits payable under the Railroad Unemployment Insurance Act, and benefits payable under any other Act administered by the Board, are subject, in like manner and to the same extent as if the Board were a private person, to legal process brought for the enforcement of legal obligations to provide child support or to make alimony payments. (b) Lump sums, other than accrued annuities, which are payable under the Railroad Retirement Act of 1974, such as those payable under sections 6(b)(1) and 6(c)(1) of that Act, are not subject to legal process as defined in this subchapter. However, an individual entitled to a benefit under section 6 of the Railroad Retirement Act of 1974 may assign the right to receive all or any part of that benefit. (c) Except as authorized under paragraphs (a) and (b) of this section and part 295 of this chapter, no benefit paid by the Board shall be assignable or be subject to garnishment, attachment, or other legal process, nor shall the payment thereof be anticipated. (d) In the absence of law to the contrary, it will be assumed that “wages,” “earnings,” and analogous terms referred to in relevant provisions of state law include payments made by a private person which are analogous to those paid by the Board. | |||||
| 20:20:1.0.2.10.61.0.155.2 | 20 | Employees' Benefits | II | D | 350 | PART 350—GARNISHMENT OF BENEFITS PAID UNDER THE RAILROAD RETIREMENT ACT, THE RAILROAD UNEMPLOYMENT INSURANCE ACT, AND UNDER ANY OTHER ACT ADMINISTERED BY THE BOARD | § 350.2 Definitions. | SSA | [45 FR 28314, Apr. 29, 1980, as amended at 53 FR 35807, Sept. 15, 1988] | (a) Child support means periodic payments of funds for the support and maintenance of a child or children; such term also includes attorney's fees, interest, and court costs, when and to the same extent that they are expressly made recoverable pursuant to a decree, order, or judgment issued in accordance with applicable state law by a court of competent jurisdiction. (b) Alimony means periodic payments of funds for the support and maintenance of a spouse or former spouse and, subject to and in accord with state law, includes but is not limited to, separate maintenance, alimony pendente lite, maintenance, and spousal support; such term also includes attorney's fees, interest, and court costs, when and to the extent that they are expressly made recoverable pursuant to a decree, order, or judgment issued in accord with applicable State law by a court of competent jurisdiction. Alimony does not include any payment or transfer of property or of its value in compliance with any community property settlement, equitable distribution of property, or other division of property, nor does it include any payment to an estate. (c) Legal process means any court order, summons, or other similar process, including administrative orders, in the nature of garnishment, which is directed to and the purpose of which is to compel the Board to make a payment from moneys which are otherwise payable to an individual, to another party in order to satisfy a legal obligation of such individual to provide child support or make alimony payments. For purposes of this subchapter, legal process additionally includes assignments in lieu of garnishment, but only where grounds for the issuance of legal process in the nature of garnishment exist. Such assignments are revocable. (d) Legal obligation means an obligation to pay alimony or child support which is enforceable under appropriate state law. | |||||
| 20:20:1.0.2.10.61.0.155.3 | 20 | Employees' Benefits | II | D | 350 | PART 350—GARNISHMENT OF BENEFITS PAID UNDER THE RAILROAD RETIREMENT ACT, THE RAILROAD UNEMPLOYMENT INSURANCE ACT, AND UNDER ANY OTHER ACT ADMINISTERED BY THE BOARD | § 350.3 Procedure. | SSA | [45 FR 28314, Apr. 29, 1980, as amended at 48 FR 51448, Nov. 9, 1983] | (a) Service of legal process brought for the enforcement of an individual's obligation to provide child support or make alimony payments shall be accomplished by certified or registered mail, return receipt requested, directed to the Deputy General Counsel of the Board, 844 Rush Street, Chicago, Illinois 60611, or by personal service upon the Deputy General Counsel. (b) Where the Deputy General Counsel is effectively served with legal process relating to an individual's legal obligation to provide child support or to make alimony payments, he shall, as soon as possible and not later than 15 days after the date of effective service of such process, send written notice that such process has been so served, together with a copy thereof, to the individual whose moneys are affected thereby; and, if response to such process is required, shall respond within 30 days, or within such longer period as may be prescribed by state law, after the date effective service is made. These requirements do not apply in the case of an assignment in lieu of garnishment or an assignment of a portion, attributable to the existence of the annuitant's family members, of a railroad retirement annuity computed under the social security minimum guaranty provision of the Railroad Retirement Act. (c) Included with the legal process issued to the Board should be the name of the individual against whom the legal obligation to provide child support or to make alimony payments is sought to be enforced and, if available, the individual's social security or railroad retirement number, the individual's address, and the type of benefit that the individual is receiving from the Board. (d) Legal process which refers to a payment in terms of a percentage of some other amount must also refer to that payment in terms of a specific amount or amounts. In connection with any legal process which does not refer to a payment in terms of a specific amount or amounts, the Board may compute the amount or may comply with that portion of the legal process which spe… | |||||
| 20:20:1.0.2.10.61.0.155.4 | 20 | Employees' Benefits | II | D | 350 | PART 350—GARNISHMENT OF BENEFITS PAID UNDER THE RAILROAD RETIREMENT ACT, THE RAILROAD UNEMPLOYMENT INSURANCE ACT, AND UNDER ANY OTHER ACT ADMINISTERED BY THE BOARD | § 350.4 Exemptions. | SSA | [45 FR 28314, Apr. 29, 1980] | (a) Unless a lower percentage or dollar amount limitation on garnishment is provided by applicable state or local law, the portion of any payment due to an individual which is subject to legal process to enforce any order for the support of any person shall not exceed 65 percent. Where the individual is supporting a spouse or dependent child, other than a spouse or child with respect to whose support that legal process is issued, the portion subject to legal process is reduced by 10 percent. Where the alimony or support arrearage is less than 12 weeks old, the portion subject to legal process is reduced by 5 percent. If a lower limitation is provided by applicable state or local law, then that lower limitation shall be applied. (b) In the absence of some evidence to the contrary, it will be assumed that the defendant is not supporting a spouse or dependent child other than a spouse or child with respect to whose support the legal process is issued. (c) In any case in which a recurring benefit payment is reduced, whether due to a recovery by the Board of an overpayment or for some other reason, below the rate at which it is ordinarily paid, any applicable exemptions shall be applied to the amount of the reduced benefit which is actually paid. (d) For purposes of the applicability of exemptions, amounts deducted for medicare premiums must first be subtracted from the annuity amount. | |||||
| 20:20:1.0.2.10.61.0.155.5 | 20 | Employees' Benefits | II | D | 350 | PART 350—GARNISHMENT OF BENEFITS PAID UNDER THE RAILROAD RETIREMENT ACT, THE RAILROAD UNEMPLOYMENT INSURANCE ACT, AND UNDER ANY OTHER ACT ADMINISTERED BY THE BOARD | § 350.5 Miscellaneous. | SSA | [45 FR 28314, Apr. 29, 1980, as amended at 50 FR 12242, Mar. 28, 1985] | (a) The Board may not be required to vary its normal disbursement cycles in order to comply with legal process. However, legal process which is received too late to be honored during the disbursement cycle in which it is received may be honored to the extent that the legal process may, in compliance with this part, be satisfied from the next payment due to the obligor. (b) Except as provided in these regulations, the Board may not be required in connection with proceedings under this part to forward documents which have been sent to the Board, to an individual, whether or not he is entitled to benefits paid by the Board, or to disclose information other than that relating to the type, amount (whether actual or estimated), and dates of payment of benefits paid by the Board to that individual. (c) Neither the Board nor any of its employees shall be liable with respect to any payment made to any individual from moneys due from or payable by the Board pursuant to legal process regular on its face, if such payment is made in accordance with this part. (d) No employee of the Board whose duties include responding to legal process pursuant to requirements contained in this part shall be subject under any law to any disciplinary action or civil or criminal liability or penalty for, or on account of, any disclosure of information made by such employee in connection with the performance of the employee's duties in responding to any such process. (e) For purposes of a proceeding under this part, the Board will apply the law of the state in which the legal process is issued unless it comes to the attention of the Board that the state of issuance has no contact with the plaintiff or defendant in the action; in which case, the Board may, in its sole discretion, apply the law of any state with significant interest in the matter. (f) No acknowledgement or response will be made to legal process which does not contain the mailing address to which acknowledgement may be made. No response to any legal process will be notarized o… | |||||
| 20:20:1.0.2.10.61.0.155.6 | 20 | Employees' Benefits | II | D | 350 | PART 350—GARNISHMENT OF BENEFITS PAID UNDER THE RAILROAD RETIREMENT ACT, THE RAILROAD UNEMPLOYMENT INSURANCE ACT, AND UNDER ANY OTHER ACT ADMINISTERED BY THE BOARD | § 350.6 Garnishment of payments after disbursement. | SSA | [76 FR 9961, Feb. 23, 2011] | Payments that are covered by 45 U.S.C. 231m or 45 U.S.C. 352(e) and that are made by direct deposit are subject to 31 CFR part 212, Garnishment of Accounts Containing Federal Benefit Payments. This section may be amended only by a rulemaking issued jointly by the Department of the Treasury and the agencies defined as a “benefit agency” in 31 CFR 212.3. | |||||
| 21:21:5.0.1.1.26.1.1.1 | 21 | Food and Drugs | I | D | 350 | PART 350—ANTIPERSPIRANT DRUG PRODUCTS FOR OVER-THE-COUNTER HUMAN USE | A | Subpart A—General Provisions | § 350.1 Scope. | FDA | (a) An over-the-counter antiperspirant drug product in a form suitable for topical administration is generally recognized as safe and effective and is not misbranded if it meets each condition in this part and each general condition established in § 330.1 of this chapter. (b) References in this part to regulatory sections of the Code of Federal Regulations are to chapter I of title 21 unless otherwise noted. | ||||
| 21:21:5.0.1.1.26.1.1.2 | 21 | Food and Drugs | I | D | 350 | PART 350—ANTIPERSPIRANT DRUG PRODUCTS FOR OVER-THE-COUNTER HUMAN USE | A | Subpart A—General Provisions | § 350.3 Definition. | FDA | As used in this part: Antiperspirant. A drug product applied topically that reduces the production of perspiration (sweat) at that site. | ||||
| 21:21:5.0.1.1.26.2.1.1 | 21 | Food and Drugs | I | D | 350 | PART 350—ANTIPERSPIRANT DRUG PRODUCTS FOR OVER-THE-COUNTER HUMAN USE | B | Subpart B—Active Ingredients | § 350.10 Antiperspirant active ingredients. | FDA | The active ingredient of the product consists of any of the following within the established concentration and dosage formulation. Where applicable, the ingredient must meet the aluminum to chloride, aluminum to zirconium, and aluminum plus zirconium to chloride atomic ratios described in the U.S. Pharmacopeia-National Formulary. The concentration of ingredients in paragraphs (b) through (j) of this section is calculated on an anhydrous basis, omitting from the calculation any buffer component present in the compound, in an aerosol or nonaerosol dosage form. The concentration of ingredients in paragraphs (k) through (r) of this section is calculated on an anhydrous basis, omitting from the calculation any buffer component present in the compound, in a nonaerosol dosage form. The labeled declaration of the percentage of the active ingredient should exclude any water, buffer components, or propellant. (a) Aluminum chloride up to 15 percent, calculated on the hexahydrate form, in an aqueous solution nonaerosol dosage form. (b) Aluminum chlorohydrate up to 25 percent. (c) Aluminum chlorohydrex polyethylene glycol up to 25 percent. (d) Aluminum chlorohydrex propylene glycol up to 25 percent. (e) Aluminum dichlorohydrate up to 25 percent. (f) Aluminum dichlorohydrex polyethylene glycol up to 25 percent. (g) Aluminum dichlorohydrex propylene glycol up to 25 percent. (h) Aluminum sesquichlorohydrate up to 25 percent. (i) Aluminum sesquichlorohydrex polyethylene glycol up to 25 percent. (j) Aluminum sesquichlorohydrex propylene glycol up to 25 percent. (k) Aluminum zirconium octachlorohydrate up to 20 percent. (l) Aluminum zirconium octachlorohydrex gly up to 20 percent. (m) Aluminum zirconium pentachlorohydrate up to 20 percent. (n) Aluminum zirconium pentachlorohydrex gly up to 20 percent. (o) Aluminum zirconium tetrachlorohydrate up to 20 percent. (p) Aluminum zirconium tetrachlorohydrex gly up to 20 percent. (q) Aluminum zirconium trichlorohydrate up to 20 percent. (r) Aluminum zirconium trichlorohyd… | ||||
| 21:21:5.0.1.1.26.3.1.1 | 21 | Food and Drugs | I | D | 350 | PART 350—ANTIPERSPIRANT DRUG PRODUCTS FOR OVER-THE-COUNTER HUMAN USE | C | Subpart C—Labeling | § 350.50 Labeling of antiperspirant drug products. | FDA | (a) Statement of identity. The labeling of the product contains the established name of the drug, if any, and identifies the product as an “antiperspirant.” (b) Indications. The labeling of the product states, under the heading “Uses,” the phrase listed in paragraph (b)(1) of this section and may contain any additional phrases listed in paragraphs (b)(2) through (b)(5) of this section, as appropriate. Other truthful and nonmisleading statements, describing only the uses that have been established and listed in paragraphs (b)(1) through (b)(5) of this section, may also be used, as provided in § 330.1(c)(2) of this chapter, subject to the provisions of section 502 of the Federal Food, Drug, and Cosmetic Act (the act) relating to misbranding and the prohibition in section 301(d) of the act against the introduction or delivery for introduction into interstate commerce of unapproved new drugs in violation of section 505(a) of the act. (1) For any product, the labeling states [select one of the following: “decreases,” “lessens,” or “reduces”] “underarm” [select one of the following: “dampness,” “perspiration,” “sweat,” “sweating,” or “wetness”]. (2) The labeling may state “also [select one of the following: ‘decreases,’ ‘lessens,’ or ‘reduces’] underarm [select one of the following: ‘dampness,’ ‘perspiration,’ ‘sweat,’ ‘sweating,’ or ‘wetness’] due to stress”. (3) For products that demonstrate standard effectiveness (20 percent sweat reduction) over a 24-hour period, the labeling may state [select one of the following: “all day protection,” “lasts all day,” “lasts 24 hours,” or “24 hour protection”]. (4) For products that demonstrate extra effectiveness (30 percent sweat reduction), the labeling may state “extra effective”. (5) Products that demonstrate extra effectiveness (30 percent sweat reduction) sustained over a 24-hour period may state the claims in paragraphs (b)(3) and (b)(4) of this section either individually or combined, e.g., “24 hour extra effective protection”, “all day extra effective protecti… | ||||
| 21:21:5.0.1.1.26.4.1.1 | 21 | Food and Drugs | I | D | 350 | PART 350—ANTIPERSPIRANT DRUG PRODUCTS FOR OVER-THE-COUNTER HUMAN USE | D | Subpart D—Guidelines for Effectiveness Testing | § 350.60 Guidelines for effectiveness testing of antiperspirant drug products. | FDA | [68 FR 34291, June 9, 2003, as amended at 76 FR 31470, June 1, 2011; 79 FR 68115, Nov. 14, 2014; 88 FR 45066, July 14, 2023] | An antiperspirant in finished dosage form may vary in degree of effectiveness because of minor variations in formulation. To assure the effectiveness of an antiperspirant, the Food and Drug Administration is providing guidelines that manufacturers may use in testing for effectiveness. These guidelines are on file in the Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. These guidelines are available on the FDA's web site at http://www.fda.gov/cder/otc/index.htm or on request for a nominal charge by submitting a Freedom of Information (FOI) request in writing to FDA's Division of Freedom of Information (address is located on the agency's web site at http://www.fda.gov. | |||
| 24:24:2.1.2.5.7.0.221.1 | 24 | Housing and Urban Development | III | 350 | PART 350—BOOK-ENTRY PROCEDURES | § 350.1 Purpose. | HUD | The purpose of this part is to achieve the efficiencies and fungibility through use of a single system for transferring interests both in Ginnie Mae Securities and other United States Government securities and in mortgage-backed securities issued by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. The Association only guarantees that payments required to be made by issuers of Ginnie Mae Securities will be made to the registered owner of those Ginnie Mae Securities. The Association undertakes no other obligation. Under the Book-entry System, the Federal Reserve Banks will be the registered owner of Book-entry Ginnie Mae Securities, not the agent of the Association, and the Association makes no warranty or guaranty with respect to the maintenance of the Book-entry System by the Federal Reserve Banks. | |||||||
| 24:24:2.1.2.5.7.0.221.10 | 24 | Housing and Urban Development | III | 350 | PART 350—BOOK-ENTRY PROCEDURES | § 350.10 Liability of Federal Reserve Banks as Depositories. | HUD | The Federal Reserve Banks as Depositories may rely on the information provided in a Transfer Message, and are not required to verify the information. The Federal Reserve Banks as Depositories shall not be liable for any action taken in accordance with the information set out in a Transfer Message, or evidence submitted in support thereof. | |||||||
| 24:24:2.1.2.5.7.0.221.11 | 24 | Housing and Urban Development | III | 350 | PART 350—BOOK-ENTRY PROCEDURES | § 350.11 Notice of Attachment for Ginnie Mae Securities in Book-entry System. | HUD | The interest of a debtor in a Security Entitlement may be reached by a creditor only by legal process upon the Securities Intermediary with whom the debtor's securities account is maintained, except where a Security Entitlement is maintained in the name of a secured party, in which case the debtor's interest may be reached by legal process upon the secured party. These regulations do not purport to establish whether a Federal Reserve Bank as Depository is required to honor an order or other notice of attachment in any particular case or class of cases. | |||||||
| 24:24:2.1.2.5.7.0.221.2 | 24 | Housing and Urban Development | III | 350 | PART 350—BOOK-ENTRY PROCEDURES | § 350.2 Definitions. | HUD | (a) Specified Terms. As used in this part, the following terms shall have the meanings indicated: Book-entry Ginnie Mae Security. A Ginnie Mae Security issued or maintained in the Book-entry System. Book-entry Ginnie Mae Security also means the separate interest and principal components of a Book-entry Ginnie Mae Security if such security has been designated by Ginnie Mae as eligible for division into such components and the components are maintained separately on the books of one or more Federal Reserve Banks. Book-entry System. The automated book-entry system operated by the Federal Reserve Banks acting as Depositories for Ginnie Mae, on which Book-entry Ginnie Mae Securities are recorded, transferred and maintained in book-entry form. Definitive Ginnie Mae Security. A Ginnie Mae Security in engraved or printed form, or that is otherwise represented by a certificate. Depository. A clearing corporation within the meaning of Article 8 of the Uniform Commercial Code, including any Federal Reserve Bank, that maintains systems by which ownership and transfer of interests in Book-entry Ginnie Mae Securities are made through entries on the books of such clearing corporation. Eligible Book-entry Ginnie Mae Security. A Book-entry Ginnie Mae Security issued or maintained in the Book-entry System which by the terms of its Security Documentation is eligible to be converted from book-entry form into definitive form. Entitlement Holder. A Person to whose account an interest in a Book-entry Ginnie Mae Security is credited on the records of a Securities Intermediary. Federal Reserve Bank Operating Circular. The publication issued by each Federal Reserve Bank that sets forth the terms and conditions under which the Reserve Bank maintains book-entry securities accounts (including Book-entry Ginnie Mae Securities accounts) and transfers book-entry Securities (including Book-entry Ginnie Mae Securities). Ginnie Mae Security. Any security or obligation guaranteed as to payment of principal and/or interest by Ginni… | |||||||
| 24:24:2.1.2.5.7.0.221.3 | 24 | Housing and Urban Development | III | 350 | PART 350—BOOK-ENTRY PROCEDURES | § 350.3 Maintenance of Ginnie Mae Securities. | HUD | A Ginnie Mae Security may be maintained in the form of a Definitive Ginnie Mae Security or a Book-entry Ginnie Mae Security. A Book-entry Ginnie Mae Security shall be maintained in the Book-entry System. | |||||||
| 24:24:2.1.2.5.7.0.221.4 | 24 | Housing and Urban Development | III | 350 | PART 350—BOOK-ENTRY PROCEDURES | § 350.4 Law governing rights and obligations of United States, and Federal Reserve Banks as Depositories; Rights of any Person against United States, and Federal Reserve Banks as Depositories; Law Governing Other Interests. | HUD | (a) Except as provided in paragraph (b) of this section, the following rights and obligations are governed solely by the book-entry regulations contained in this part, the Securities Documentation, and Federal Reserve Bank Operating Circulars (but not including any choice of law provisions in the Security Documentation to the extent such provisions conflict with the Book-entry regulations contained in this part): (1) The rights and obligations of a Federal Reserve Bank as a Depository with respect to: (i) A Book-entry Ginnie Mae Security or Security Entitlement; and (ii) The operation of a book-entry system operated by a Depository as it applies to Ginnie Mae Securities; and (2) The rights of any Person, including a Participant, against the Federal Reserve Banks as Depositories with respect to: (i) A Book-entry Ginnie Mae Security or Security Entitlement; and (ii) The operation of the book-entry system operated by the Federal Reserve Banks as Depositories as it applies to Ginnie Mae Securities. (b) A security interest in a Security Entitlement that is in favor of a Federal Reserve Bank from a Participant and that is not recorded on the books of a Federal Reserve Bank pursuant to § 350.5(c)(1), is governed by the law (not including the conflict-of-law rules) of the jurisdiction where the head office of the Federal Reserve Bank maintaining the Participant's Securities Account is located. A security interest in a Security Entitlement that is in favor of a Federal Reserve Bank from a Person that is not a Participant, and that is not recorded on the books of a Federal Reserve Bank pursuant to § 350.5(c)(1), is governed by the law determined in the manner specified in paragraph (d) of this section. (c) If the jurisdiction specified in the first sentence of paragraph (b) of this section is a State that has not adopted Revised Article 8, then the law specified in paragraph (b) of this section shall be the law of that State as though Revised Article 8 had been adopted by that State. (d) To the extent not otherwis… | |||||||
| 24:24:2.1.2.5.7.0.221.5 | 24 | Housing and Urban Development | III | 350 | PART 350—BOOK-ENTRY PROCEDURES | § 350.5 Creation of Participant's Security Entitlement; Security Interests. | HUD | (a) A Participant's Security Entitlement is created when a Federal Reserve Bank indicates by book-entry that a Book-entry Ginnie Mae Security has been credited to a Participant's Securities Account. (b) A security interest in a Security Entitlement of a Participant in favor of the United States to secure deposits of public money, including without limitation deposits to the Treasury tax and loan accounts, or other security interests in favor of the United States that is required by Federal statute, regulation, or agreement, and that is marked on the books of a Federal Reserve Bank is thereby effected and perfected, and has priority over any other interest in the securities. Where a security interest in favor of the United States in a Security Entitlement of a Participant is marked on the books of a Federal Reserve Bank, such Reserve Bank may rely, and is protected in relying, exclusively on the order of an authorized representative of the United States directing the transfer of the security. For purposes of this paragraph, an “authorized representative of the United States” is the official designated in the applicable regulations or agreement to which a Federal Reserve Bank is a party, governing the security interest. (c)(1) The Federal Reserve Banks as Depositories have no obligation to agree to act on behalf of any Person or to recognize the interest of any transferee of a security interest or other limited interest in favor of any Person except to the extent of any specific requirement of Federal law or regulation or to the extent set forth in any specific agreement with the Federal Reserve Bank on whose books the interest of the Participant is recorded. To the extent required by such law or regulation or set forth in an agreement with a Federal Reserve Bank, or the Federal Reserve Bank Operating Circular, a security interest in a Security Entitlement that is in favor of a Federal Reserve Bank or a Person may be created and perfected by a Federal Reserve Bank as Depository marking its books to record the sec… | |||||||
| 24:24:2.1.2.5.7.0.221.6 | 24 | Housing and Urban Development | III | 350 | PART 350—BOOK-ENTRY PROCEDURES | § 350.6 Obligations of the Reserve Banks as Depositories; No Adverse Claims. | HUD | Except in the case of a security interest in favor of the United States or a Federal Reserve Bank or otherwise as provided in § 350.5(c)(1), for the purposes of this part, the Federal Reserve Banks as Depositories shall treat the Participant to whose Securities Account an interest in a Book-entry Ginnie Mae Security has been credited as the person exclusively entitled to issue a Transfer Message, to receive interest and other payments with respect thereof and otherwise to exercise all the rights and powers with respect to such Security, notwithstanding any information or notice to the contrary. The Federal Reserve Banks as Depositories are not liable to a Person asserting or having an adverse claim to a Security Entitlement or to a Book-entry Ginnie Mae Security in a Participant's Securities Account, including any such claim arising as a result of the transfer or disposition of a Book-entry Ginnie Mae Security by a Federal Reserve Bank pursuant to a Transfer Message that the Federal Reserve Bank reasonably believes to be genuine. | |||||||
| 24:24:2.1.2.5.7.0.221.7 | 24 | Housing and Urban Development | III | 350 | PART 350—BOOK-ENTRY PROCEDURES | § 350.7 Authority of Federal Reserve Banks as Depositories. | HUD | (a) Each Federal Reserve Bank is hereby authorized as Depository for Book-entry Ginnie Mae Securities to perform the following functions with respect to Book-entry Ginnie Mae Securities to which this part applies, in accordance with the Securities Documentation, Federal Reserve Bank Operating Circulars, this part, and procedures established by the Secretary consistent with these authorities: (1) To service and maintain Book-entry Ginnie Mae Securities in accounts established for such purposes; (2) To make payments with respect to such securities; (3) To effect transfer of Book-entry Ginnie Mae Securities between Participants' Securities Accounts as directed by the Participants; (4) To effect conversions between Book-entry Ginnie Mae Securities and Definitive Ginnie Mae Securities pursuant to the applicable Securities Documentation; and (5) To perform such other duties as the Federal Reserve Banks as Depositories may be requested by Ginnie Mae. (b) Each Federal Reserve Bank as Depository may issue Operating Circulars, not inconsistent with this part, governing the details of its handling of Book-entry Ginnie Mae Securities, Security Entitlements, and the operation of the book-entry system under this part. | |||||||
| 24:24:2.1.2.5.7.0.221.8 | 24 | Housing and Urban Development | III | 350 | PART 350—BOOK-ENTRY PROCEDURES | § 350.8 Withdrawal of Eligible Book-entry Ginnie Mae Securities for Conversion to Definitive Form. | HUD | [66 FR 44266, Aug. 22, 2001, as amended at 72 FR 49125, Aug. 27, 2007] | (a) Eligible book-entry Ginnie Mae securities may be withdrawn from the book-entry system after Ginnie Mae has approved a request for the delivery of definitive Ginnie Mae securities in the same amount. (b) A Reserve Bank as Depository shall, upon receipt of appropriate instructions to withdraw Eligible Book-entry Ginnie Mae Securities from book-entry in the Book-entry System, facilitate the conversion of such securities into Definitive Ginnie Mae Securities and their delivery in accordance with such instructions. No such conversion shall affect existing interests in such Ginnie Mae Securities. (c) All requests for withdrawal of Eligible Book-entry Ginnie Mae Securities must be made prior to the maturity or date of call of the securities. (d) Definitive Ginnie Mae Securities that are to be delivered upon withdrawal may be issued in either registered or bearer form, to the extent permitted by the applicable Securities Documentation. | ||||||
| 24:24:2.1.2.5.7.0.221.9 | 24 | Housing and Urban Development | III | 350 | PART 350—BOOK-ENTRY PROCEDURES | § 350.9 Waiver of Regulations. | HUD | Ginnie Mae reserves the right in its discretion, to waive any provision(s) of these regulations in any case or class of cases for the convenience of Ginnie Mae or the United States, or in order to relieve any Person(s) of unnecessary hardship, if such action is not inconsistent with law, does not adversely affect any substantial existing rights, and the Association is satisfied that such action will not subject the Association or the United States to any substantial expense or liability. | |||||||
| 40:40:30.0.1.1.10.1.9.1 | 40 | Protection of Environment | I | J | 350 | PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS | A | Subpart A—Trade Secrecy Claims | § 350.1 Definitions. | EPA | [53 FR 28801, July 29, 1988, as amended at 55 FR 30644, July 26, 1990] | Administrator and General Counsel mean the EPA officers or employees occupying the positions so titled. Business confidentiality or confidential business information includes the concept of trade secrecy and other related legal concepts which give (or may give) a business the right to preserve the confidentiality of business information and to limit its use or disclosure by others in order that the business may obtain or retain business advantages it derives from its right in the information. The definition is meant to encompass any concept which authorizes a Federal agency to withhold business information under 5 U.S.C. 552(b)(4), as well as any concept which requires EPA to withhold information from the public for the benefit of a business under 18 U.S.C. 1905. Chief Executive Officer of the tribe means the person who is recognized by the Bureau of Indian Affairs as the chief elected administrative officer of the tribe. Claimant means a person submitting a claim of trade secrecy to EPA in connection with a chemical otherwise required to be disclosed in a report or other filing made under Title III. Commission means the emergency response commission for the State in which the facility is located except where the facility is located in Indian Country, in which case, commission means the emergency response commission for the tribe under whose jurisdiction the facility is located. In the absence of an emergency response commission, the Governor and the chief executive officer, respectively, shall be the commission. Where there is a cooperative agreement between a State and a Tribe, the commission shall be the entity identified in the agreement. Facility means all buildings, equipment, structure, and other stationary items that are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with, such person). Facility shall include man-made structures as well as all natur… | |||
| 40:40:30.0.1.1.10.1.9.10 | 40 | Protection of Environment | I | J | 350 | PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS | A | Subpart A—Trade Secrecy Claims | § 350.17 Appeals. | EPA | [53 FR 28801, July 29, 1988, as amended at 68 FR 64724, Nov. 14, 2003] | (a) Procedure for filing appeal. A submitter may appeal an EPA determination under § 350.11(a)(2)(i) or (b)(2)(i), by filing an appeal with the General Counsel. The appeal shall be addressed to: The Office of General Counsel, U.S. Environmental Protection Agency, Mailcode 2310A, 1200 Pennsylvania Avenue, NW., Washington DC 20460. The appeal shall contain the following: (1) A letter requesting review of the appealed decision; and (2) A copy of the letter containing EPA's decision upon which appeal is requested. (b) Appeal of determination of insufficient claim. (1) Where a submitter appeals a determination by EPA under § 350.11(a)(2)(i) that the trade secrecy claim presents insufficient support for a finding of trade secrecy, the General Counsel shall make one of the following determinations: (i) The trade secrecy claim at issue meets the standards of sufficiency set forth in § 350.13; or (ii) The trade secrecy claim at issue does not meet the standards of sufficiency set forth in § 350.13. (2) If the General Counsel reverses the decision made by the EPA office handling the claim, the claim shall be processed according to § 350.11(a)(1). The General Counsel shall notify the submitter of the determination on appeal in writing, by certified mail (return receipt requested). The appeal determination shall include the date the appeal was received by the General Counsel, a statement of the decision appealed from, a statement of the decision on appeal and the reasons for such decision. (3) If the General Counsel upholds the determination of insufficiency made by the EPA office handling the claim, the submitter may seek review in U.S. District Court within 30 days after receipt of notice of the General Counsel's determination. The General Counsel shall notify the submitter of its determination on appeal in writing, by certified mail (return receipt requested). The appeal determination shall include the date the appeal was received by the General Counsel, a statement of the decision appealed from, a statement of… | |||
| 40:40:30.0.1.1.10.1.9.11 | 40 | Protection of Environment | I | J | 350 | PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS | A | Subpart A—Trade Secrecy Claims | § 350.18 Release of chemical identity determined to be non-trade secret; notice of intent to release chemical identity. | EPA | (a) Where a submitter fails to seek review within U.S. District Court within 20 days of receiving notice of a determination of the General Counsel under § 350.17(b)(3) of this subpart that the trade secrecy claim is insufficient, or under § 350.17(c)(3) of this subpart that chemical identity claimed as trade secret is not entitled to trade secret protection, EPA may furnish notice of intent to disclose the chemical identity claimed as trade secret within 10 days by furnishing the submitter with the notice set forth in paragraph (d) of this section by certified mail (return receipt requested). (b) Where a submitter fails to seek review within U.S. District Court within 20 days of receiving notice of an EPA determination under § 350.11(a)(2)(iv)(B), or § 350.11(a)(2)(v) of this regulation, or fails to pursue appeal to the General Counsel within 20 days after being notified of its right to do so under § 350.11(a)(2)(i) or § 350.11(b)(2)(i), EPA may furnish notice of intent to disclose the chemical identity claimed as trade secret within 10 days by furnishing the submitter with the notice set forth in paragraph (d) of this section by certified mail (return receipt requested). (c) Where EPA, upon initial review under § 350.9(d), determines that the chemical identity claimed as trade secret in a submittal submitted pursuant to this part is the subject of a prior final Agency determination concerning a claim of trade secrecy for the same chemical identity for the same facility, in which such claim was held invalid, EPA shall furnish notice of intent to disclose chemical identity within l0 days by furnishing the submitter with the notice set forth in paragraph (d) of this section by certified mail (return receipt requested). (d) EPA shall furnish notice of its intent to release chemical identity claimed as trade secret by sending the following notification to submitters, under the circumstances set forth in paragraphs (a), (b), and (c) of this section. The notice shall state that EPA will make the chemical identity av… | ||||
| 40:40:30.0.1.1.10.1.9.12 | 40 | Protection of Environment | I | J | 350 | PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS | A | Subpart A—Trade Secrecy Claims | § 350.19 Provision of information to States. | EPA | (a) Any State may request access to trade secrecy claims, substantiations, supplemental substantiations, and additional information submitted to EPA. EPA shall release this information, even if claimed confidential, to any State requesting access if: (1) The request is in writing; (2) The request is from the Governor of the State; and (3) The State agrees to safeguard the information with procedures equivalent to those which EPA uses to safeguard the information. (b) The Governor of a State which receives access to trade secret information under this section may disclose such information only to State employees. | ||||
| 40:40:30.0.1.1.10.1.9.13 | 40 | Protection of Environment | I | J | 350 | PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS | A | Subpart A—Trade Secrecy Claims | § 350.21 Adverse health effects. | EPA | The Governor or State emergency response commission shall identify the adverse health effects associated with each of the chemicals claimed as trade secret and shall make this information available to the public. The material safety data sheets submitted to the State emergency response commissions may be used for this purpose. | ||||
| 40:40:30.0.1.1.10.1.9.14 | 40 | Protection of Environment | I | J | 350 | PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS | A | Subpart A—Trade Secrecy Claims | § 350.23 Disclosure to authorized representatives. | EPA | (a) Under section 322(f) of the Act, EPA possesses the authority to disclose to any authorized representative of the United States any information to which this section applies, notwithstanding the fact that the information might otherwise be entitled to trade secret or confidential treatment under this part. Such authority may be exercised only in accordance with paragraph (b) of this section. (b)(1) A person under contract or subcontract to EPA or a grantee who performs work for EPA in connection with Title III or regulations which implement Title III may be considered an authorized representative of the United States for purposes of this § 350.23. Subject to the limitations in this § 350.23(b), information to which this section applies may be disclosed to such a person if the EPA program office managing the contract, subcontract, or grant first determines in writing that such disclosure is necessary in order that the contractor, subcontractor or grantee may carry out the work required by the contract, subcontract or grant. (2) No information shall be disclosed under this § 350.23(b) unless this contract, subcontract, or grant in question provides: (i) That the contractor, subcontractor or the grantee and the contractor's, subcontractor's, or grantee's employees shall use the information only for the purpose of carrying out the work required by the contract, subcontract, or grant, and shall refrain from disclosing the information to anyone other than EPA without the prior written approval of each affected submitter or of an EPA legal office, and shall return to EPA all copies of the information (and any abstracts or extracts therefrom) upon request by the EPA program office, whenever the information is no longer required by the contractor, subcontractor or grantee for the performance of the work required under the contract, subcontract or grant, or upon completion of the contract, subcontract or grant; (ii) That the contractor, subcontractor or grantee shall obtain a written agreement to honor such terms of… | ||||
| 40:40:30.0.1.1.10.1.9.15 | 40 | Protection of Environment | I | J | 350 | PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS | A | Subpart A—Trade Secrecy Claims | § 350.25 Disclosure in special circumstances. | EPA | Other disclosure of specific chemical identity may be made in accordance with 40 CFR 2.209. | ||||
| 40:40:30.0.1.1.10.1.9.16 | 40 | Protection of Environment | I | J | 350 | PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS | A | Subpart A—Trade Secrecy Claims | § 350.27 Substantiation form to accompany claims of trade secrecy, instructions to substantiation form. | EPA | [53 FR 28801, July 29, 1988, as amended at 68 FR 64724, Nov. 14, 2003; 85 FR 44772, July 24, 2020] | (a) The substantiation form to accompany claims of trade secrecy must be completed and submitted as required in § 350.7(a). The form and instructions are posted on the Emergency Planning and Community Right-to-Know Act (EPCRA) website, http://www.epa.gov/epcra and the Toxics Release Inventory Program Division website, http://www.epa.gov/tri/rfi. Submitters may also contact the National Service Center for Environmental Publications (NSCEP) at (800) 490-9198 or https://www.epa.gov/nscep to obtain the form. The address to send all trade secrecy claims is posted on the following EPA Program websites, http://www.epa.gov/epcra and http://www.epa.gov/tri/rfi. This information can also be obtained by contacting the EPCRA, RMP & Oil Information Center at (800) 424-9346 or (703) 348-5070, or https://www.epa.gov/epcra/forms/contact-us-about-emergency-planning-and-community-right-know-act-epcra. (b) [Reserved] | |||
| 40:40:30.0.1.1.10.1.9.2 | 40 | Protection of Environment | I | J | 350 | PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS | A | Subpart A—Trade Secrecy Claims | § 350.3 Applicability of subpart; priority where provisions conflict; interaction with 40 CFR part 2. | EPA | (a) Applicability of subpart. Sections 350.1 through 350.27 establish rules governing assertion of trade secrecy claims for chemical identity information collected under the authority of sections 303 (d)(2) and (d)(3), 311, 312 and 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986, and for trade secrecy or business confidentiality claims for information submitted in a substantiation under sections 303 (d)(2) and (d)(3), 311, 312, and 313 of Title III. This subpart also establishes rules governing petitions from the public requesting the disclosure of chemical identity claimed as trade secret, and determinations by EPA of whether this information is entitled to trade secret treatment. Claims for confidentiality of the location of a hazardous chemical under section 312(d)(2)(F) of Title III are not subject to the requirements of this subpart. (b) Priority where provisions conflict. Where information subject to the requirements of this subpart is also collected under another statutory authority, the confidentiality provisions of that authority shall be used to claim that information as trade secret or confidential when submitting it to EPA under that statutory authority. (c) Interaction with 40 CFR part 2, EPA's Freedom of Information Act procedures. (1) No trade secrecy or business confidentiality claims other than those allowed in this subpart are permitted for information collected under sections 303 (d)(2) and (d)(3), 311, 312 and 313 of Title III. (2) Except as provided in § 350.25 of this subpart, request for access to chemical identities withheld as trade secret under this regulation is solely through this regulation and procedures hereunder, not through EPA's Freedom of Information Act procedures set forth at 40 CFR part 2. (3) Request for access to information other than chemical identity submitted to EPA under this regulation is through EPA's Freedom of Information Act regulations at 40 CFR part 2. | ||||
| 40:40:30.0.1.1.10.1.9.3 | 40 | Protection of Environment | I | J | 350 | PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS | A | Subpart A—Trade Secrecy Claims | § 350.5 Assertion of claims of trade secrecy. | EPA | (a) A claim of trade secrecy may be made only for the specific chemical identity of an extremely hazardous substance under sections 303 (d)(2) and (d)(3), a hazardous chemical under sections 311 and 312, and a toxic chemical under section 313. (b) Method of asserting claims of trade secrecy for information submitted under sections 303 (d)(2) and (d)(3). (1) In submitting information to the local emergency planning committee under sections 303 (d)(2) or (d)(3), the submitter may claim as trade secret the specific chemical identity of any chemical subject to reporting under section 303. (2) To make a claim, the submitter shall submit to EPA the following: (i) A copy of the information which is being submitted under sections 303 (d)(2) or (d)(3) to the local emergency planning committee, with the chemical identity or identities claimed trade secret deleted, and the generic class or category of the chemical identity or identities inserted in its place. The method of choosing generic class or category is set forth in paragraph (f) of this section. (ii) A sanitized and unsanitized substantiation in accordance with § 350.7 for each chemical identity claimed as trade secret. (3) If the submitter wishes to claim information in the substantiation as trade secret or business confidential, it shall do so in accordance with § 350.7(d). (4) Section 303 claims shall be sent to the address specified in § 350.16 of this regulation. (c) Method of asserting claims of trade secrecy for information submitted under section 311. (1) Submitters may claim as trade secret the specific chemical identity of any chemical subject to reporting under section 311 on the material safety data sheet or chemical list under section 311. (2) To assert a claim for a chemical identity on a material safety data sheet under section 311, the submitter shall submit to EPA the following: (i) One copy of the material safety data sheet which is being submitted to the State emergency response commission, the local emergency planning committee and the… | ||||
| 40:40:30.0.1.1.10.1.9.4 | 40 | Protection of Environment | I | J | 350 | PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS | A | Subpart A—Trade Secrecy Claims | § 350.7 Substantiating claims of trade secrecy. | EPA | [53 FR 28801, July 29, 1988, as amended at 85 FR 44772, July 24, 2020] | (a) Claims of trade secrecy must be substantiated by providing a specific answer including, where applicable, specific facts, to each of the following questions with submission to which the trade secrecy claim pertains. Submitters must answer these questions on the form entitled “Substantiation to Accompany Claims of Trade Secrecy.” The form and instructions are posted on the EPA program websites, http://www.epa.gov/epcra and http://www.epa.gov/tri/rfi. (1) Describe the specific measures you have taken to safeguard the confidentiality of the chemical identity claimed as trade secret, and indicate whether these measures will continue in the future. (2) Have you disclosed the information claimed as trade secret to any other person (other than a member of a local emergency planning committee, officer or employee of the United States or a State or local government, or your employee) who is not bound by a confidentiality agreement to refrain from disclosing this trade secret information to others? (3) List all local, State, and Federal government entities to which you have disclosed the specific chemical identity. For each, indicate whether you asserted a confidentiality claim for the chemical identity and whether the government entity denied that claim. (4) In order to show the validity of a trade secrecy claim, you must identify your specific use of the chemical claimed as trade secret and explain why it is a secret of interest to competitors. Therefore: (i) Describe the specific use of the chemical claimed as trade secret, identifying the product or process in which it is used. (If you use the chemical other than as a component of a product or in a manufacturing process, identify the activity where the chemical is used.) (ii) Has your company or facility identity been linked to the specific chemical identity claimed as trade secret in a patent, or in publications or other information sources available to the public or your competitors (of which you are aware)? If so, explain why this knowledge does not eli… | |||
| 40:40:30.0.1.1.10.1.9.5 | 40 | Protection of Environment | I | J | 350 | PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS | A | Subpart A—Trade Secrecy Claims | § 350.9 Initial action by EPA. | EPA | (a) When a claim of trade secrecy, made in accordance with § 350.5 of this part, is received by EPA, that information is treated as confidential until a contrary determination is made. (b) A determination as to the validity of a trade secrecy claim shall be initiated upon receipt by EPA of a petition under § 350.15 or may be initiated at any time by EPA if EPA desires to determine whether chemical identity information claimed as trade secret is entitled to trade secret treatment, even though no request for release of the information has been received. (c) If EPA initiates a determination as to the validity of a trade secrecy claim, the procedures set forth in §§ 350.11, 350.15, and 350.17 shall be followed in making the determination. (d) When EPA receives a petition requesting disclosure of trade secret chemical identity or if EPA decides to initiate a determination of the validity of a trade secrecy claim for chemical identity, EPA shall first make a determination that the chemical identity claimed as trade secret is not the subject of a prior trade secret determination by EPA concerning the same submitter and facility, or if it is, that the prior determination upheld the submitter's claim of trade secrecy for that chemical identity at that facility. (1) If EPA determines that the chemical identity claimed as trade secret is not the subject of a prior trade secret determination by EPA concerning the same submitter and the same facility, or if it is, that the prior determination upheld the submitter's claim of trade secrecy, then EPA shall review the submitter's claim according to § 350.1l. (2) If such a prior determination held that the submitter's claim for that chemical identity is invalid, and such determination was not challenged by appeal to the General Counsel, or by review in the District Court, or, if challenged, was upheld, EPA shall notify the submitter by certified mail (return receipt requested) that the chemical identity claimed as trade secret is the subject of a prior, final Agency determina… | ||||
| 40:40:30.0.1.1.10.1.9.6 | 40 | Protection of Environment | I | J | 350 | PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS | A | Subpart A—Trade Secrecy Claims | § 350.11 Review of claim. | EPA | (a) Determination of sufficiency. When EPA receives a petition submitted pursuant to § 350.15, or if EPA initiates a determination of the validity of a trade secrecy claim for chemical identity, and EPA has made a determination, as required in paragraph (d)(1) of § 350.9, then EPA shall determine whether the submitter has presented sufficient support for its claim of trade secrecy in its substantiation. EPA must make such a determination within 30 days of receipt of a petition. A claim of trade secrecy for chemical identity will be considered sufficient if, assuming all of the information presented in the substantiation is true, this supporting information could support a valid claim of trade secrecy. A claim is sufficient if it meets the criteria set forth in § 350.13. (1) Sufficient claim. If the claim meets the criteria of sufficiency set forth in § 350.13, EPA shall notify the submitter in writing, by certified mail (return receipt requested), that it has 30 days from the date of receipt of the notice to submit supplemental information in writing in accordance with § 350.7(e), to support the truth of the facts asserted in the substantiation. EPA will not accept any supplemental information, in response to this notice, submitted after the 30 day period has expired. The notice required by this section shall include the address to which supplemental information must be sent. The notice may specifically request supplemental information in particular areas relating to the submitter's claim. The notice must also inform the submitter of his right to claim any trade secret or confidential business information as confidential, and shall include a reference to § 350.7(e) of this regulation as the source for the proper procedure for claiming trade secrecy for trade secret or confidential business information submitted in the supplemental information requested by EPA. (2) Insufficient claim. If the claim does not meet the criteria of sufficiency set forth in § 350.13, EPA shall notify the submitter in writing of … | ||||
| 40:40:30.0.1.1.10.1.9.7 | 40 | Protection of Environment | I | J | 350 | PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS | A | Subpart A—Trade Secrecy Claims | § 350.13 Sufficiency of assertions. | EPA | (a) A substantiation submitted under § 350.7 will be determined to be insufficient to support a claim of trade secrecy unless the answers to the questions in the substantiation submitted under § 350.7 support all of the following conclusions. This substantiation must include, where applicable, specific facts. (1) The submitter has not disclosed the information to any other person, other than a member of a local emergency planning committee, an officer or employee of the United States or a State or local government, an employee of such person, or a person who is bound by a confidentiality agreement, and such person has taken reasonable measures to protect the confidentiality of such information and intends to continue to take such measures. To support this conclusion, the facts asserted must show all of the following: (i) The submitter has taken reasonable measures to prevent unauthorized disclosure of the specific chemical identity and will continue to take such measures. (ii) The submitter has not disclosed the specific chemical identity to any person who is not bound by an agreement to refrain from disclosing the information. (iii) The submitter has not previously disclosed the specific chemical identity to a local, State, or Federal government entity without asserting a confidentiality claim. (2) The information is not required to be disclosed, or otherwise made available, to the public under any other Federal or State law. (3) Disclosure of the information is likely to cause substantial harm to the competitive position of such person. To support this conclusion, the facts asserted must show all of the following: (i) Either: (A) Competitors do not know or the submitter is not aware that competitors know that the chemical whose identity is being claimed trade secret can be used in the fashion that the submitter uses it, and competitors cannot easily duplicate the specific use of this chemical through their own research and development activities; or (B) Competitors are not aware or the submitter does … | ||||
| 40:40:30.0.1.1.10.1.9.8 | 40 | Protection of Environment | I | J | 350 | PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS | A | Subpart A—Trade Secrecy Claims | § 350.15 Public petitions requesting disclosure of chemical identity claimed as trade secret. | EPA | (a) The public may request the disclosure of chemical identity claimed as trade secret by submitting a written petition to the address specified in § 350.16. (b) The petition shall include: (1) The name, address, and telephone number of the petitioner; (2) The name and address of the company claiming the chemical identity as trade secret; and (3) A copy of the submission in which the submitter claimed chemical identity as trade secret, with a specific indication as to which chemical identity the petitioner seeks disclosed. (c) EPA shall acknowledge, by letter to the petitioner, the receipt of the petition. (d) Incomplete petitions. If the information contained in the petition is not sufficient to allow EPA to identify which chemical identity the petitioner is seeking to have released, EPA shall notify the petitioner that the petition cannot be further processed until additional information is furnished. EPA will make every reasonable effort to assist a petitioner in providing sufficient information for EPA to identify the chemical identity the petitioner is seeking to have released. (e) EPA shall make a determination on a petition requesting disclosure, in accordance with § 350.11 and § 350.17, within nine months of receipt of such petition. | ||||
| 40:40:30.0.1.1.10.1.9.9 | 40 | Protection of Environment | I | J | 350 | PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS | A | Subpart A—Trade Secrecy Claims | § 350.16 Address to send trade secrecy claims and petitions requesting disclosure. | EPA | [85 FR 44772, July 24, 2020] | The address and location to send all claims of trade secrecy under sections 303(d)(2) and (d)(3), 311, 312, and 313 of Title III and all public petitions requesting disclosure of chemical identities claimed as trade secret are posted on the following EPA program websites, http://www.epa.gov/epcra and http://www.epa.gov/tri/rfi. Any subsequent changes to the address and location will be announced in Federal Register Notices as these changes occur. Also, the changes will be posted on these websites. Submitters may also contact the EPCRA, RMP & Oil Information Center at (800) 424-9346 or (703) 348-5070, https://www.epa.gov/epcra/forms/contact-us-about-emergency-planning-and-community-right-know-act-epcra to obtain this information. | |||
| 40:40:30.0.1.1.10.2.9.1 | 40 | Protection of Environment | I | J | 350 | PART 350—TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS | B | Subpart B—Disclosure of Trade Secret Information to Health Professionals | § 350.40 Disclosure to health professionals. | EPA | (a) Definitions. Medical emergency means any unforeseen condition which a health professional would judge to require urgent and unscheduled medical attention. Such a condition is one which results in sudden and/or serious symptom(s) constituting a threat to a person's physical or psychological well-being and which requires immediate medical attention to prevent possible deterioration, disability, or death. (b) The specific chemical identity, including the chemical name of a hazardous chemical, extremely hazardous substance, or a toxic chemical, is made available to health professionals, in accordance with the applicable provisions of this section. (c) Diagnosis or Treatment by Health Professionals in Non-Emergency Situations. (1) An owner or operator of a facility which is subject to the requirements of sections 311, 312, and 313, shall, upon request, provide the specific chemical identity, if known, of a hazardous chemical, extremely hazardous substance, or a toxic chemical to a health professional if: (i) The request is in writing; (ii) The request describes why the health professional has a reasonable basis to suspect that: (A) The specific chemical identity is needed for purposes of diagnosis or treatment of an individual, (B) The individual or individuals being diagnosed or treated have been exposed to the chemical concerned, and (C) Knowledge of the specific chemical identity of such chemical will assist in diagnosis or treatment. (iii) The request contains a confidentiality agreement which includes: (A) A description of the procedures to be used to maintain the confidentiality of the disclosed information; and (B) A statement by the health professional that he will not use the information for any purpose other than the health needs asserted in the statement of need authorized in paragraph (c)(1)(ii) of this section and will not release the information under any circumstances, except as authorized by the terms of the confidentiality agreement or by the owner or operator of the facility providi… | ||||
| 44:44:1.0.1.6.84.0.10.1 | 44 | Emergency Management and Assistance | I | F | 350 | PART 350—REVIEW AND APPROVAL OF STATE AND LOCAL RADIOLOGICAL EMERGENCY PLANS AND PREPAREDNESS | § 350.1 Purpose. | FEMA | The purpose of the regulation in this part is to establish policy and procedures for review and approval by the Federal Emergency Management Agency (FEMA) of State and local emergency plans and preparedness for the offsite effects of a radiological emergency which may occur at a commercial nuclear power facility. Review and approval of these plans and preparedness involves preparation of findings and determinations of the adequacy of the plans and capabilities of State and local governments to effectively implement the plans. | ||||||
| 44:44:1.0.1.6.84.0.10.10 | 44 | Emergency Management and Assistance | I | F | 350 | PART 350—REVIEW AND APPROVAL OF STATE AND LOCAL RADIOLOGICAL EMERGENCY PLANS AND PREPAREDNESS | § 350.10 Public meeting in advance of FEMA approval. | FEMA | (a) During the FEMA Regional Office review of a State plan and prior to the submission by the Regional Administrator of the evaluation of the plan and exercise to the Deputy Administrator for the National Preparedness Directorate, the FEMA Regional Administrator shall assure that there is at least one public meeting conducted in the vicinity of the nuclear power facility. The purpose of such a meeting, which may be conducted by the State or by the Regional Administrator, shall be to: (1) Acquaint the members of the public in the vicinity of each facility with the content of the State and related local plans, and with the conduct of the joint exercise which tested the plans; (2) Answer any questions about FEMA review of the plan and the exercise; (3) Receive suggestions from the public concerning improvements or changes that may be necessary; and (4) Describe to the public the way in which the plan is expected to function in the event of an actual emergency. (b) The Regional Administrator should assure that representatives from appropriate State and local government agencies, and the affected utility appear at such meetings to make presentations and to answer questions from the public. The public meeting should be held after the first joint (utility, State and local governments) exercise at a time mutually agreed to by State and local authorities, licensee and FEMA and NRC Regional officials. This meeting shall be noticed in the local newspaper with the largest circulation in the area, or other such media as the Regional Administrator may select, on at least two occasions, one of which is at least two weeks before the meeting takes place and the other is within a few days of the meeting date. Local radio and television stations should be notified of the scheduled meeting at least one week in advance. Representatives from NRC and other appropriate Federal agencies should also be invited to participate in these meetings. If, in the judgment of the FEMA Regional Administrator, the public meeting or meetings reve… | ||||||
| 44:44:1.0.1.6.84.0.10.11 | 44 | Emergency Management and Assistance | I | F | 350 | PART 350—REVIEW AND APPROVAL OF STATE AND LOCAL RADIOLOGICAL EMERGENCY PLANS AND PREPAREDNESS | § 350.11 Action by FEMA Regional Administrator. | FEMA | (a) Upon completion of his or her review, including conduct of the exercise required by § 350.9 and after the public meeting required by § 350.10, the Regional Administrator shall prepare an evaluation of the State plan, including plans for local governments. Such evaluation shall be specific with respect to the plans applicable to each nuclear facility so that findings and determinations can be made by the Deputy Administrator for the National Preparedness Directorate on a site-specific basis. (b) The Regional Administrator shall evaluate the adequacy of State and local plans and preparedness on the basis of the criteria set forth in § 350.5, and shall report the evaluation with respect to each of the planning standards mentioned therein as such apply to State and local plans and preparedness. (c) The Regional Administrator shall forward the State plan together with his or her evaluation and other relevant record material to the Deputy Administrator for the National Preparedness Directorate. Relevant record material will include the results of the exercise (i.e., deficiencies noted and corrections made), a summary of the deficiencies identified during the public meeting, recommendations made to the State and commitments made by the State for effecting improvements in its plans and preparedness and actions taken by the State. | ||||||
| 44:44:1.0.1.6.84.0.10.12 | 44 | Emergency Management and Assistance | I | F | 350 | PART 350—REVIEW AND APPROVAL OF STATE AND LOCAL RADIOLOGICAL EMERGENCY PLANS AND PREPAREDNESS | § 350.12 FEMA Headquarters review and approval. | FEMA | (a) Upon receipt from a Regional Administrator of a State plan, the Deputy Administrator for the National Preparedness Directorate shall conduct such review of the State plan as he or she shall deem necessary. The Deputy Administrator for the National Preparedness Directorate shall arrange for copies of the plan, together with the Regional Administrator's evaluation, to be made available to the members of the Federal Radiological Preparedness Coordinating Committee (FRPCC) and to other offices of FEMA with appropriate guidance relative to any assistance that may be needed in the FEMA review and approval process. (b) If, after formal submission of the State plan and the Regional Administrator's evaluation, the Deputy Administrator for the National Preparedness Directorate determines that the State plans and preparedness: (1) Are adequate to protect the health and safety of the public living in the vicinity of the nuclear power facility by providing reasonable assurance that appropriate protective measures can be taken offsite in the event of a radiological emergency; and (2) Are capable of being implemented (e.g. adequacy and maintenance of procedures, training, resources, staffing levels and qualification and equipment adequacy); the Deputy Administrator for the National Preparedness Directorate shall approve in writing the State plan. The Deputy Administrator for the National Preparedness Directorate shall concurrently communicate this FEMA approval to the Governor of the State(s) in question, the NRC and the pertinent Regional Administrator(s) and immediately shall publish in the Federal Register a notice of this effect. (c) If, after formal submission of the State plan, the Deputy Administrator for the National Preparedness Directorate is not satisfied with the adequacy of the plan or preparedness with respect to a particular site, he or she shall concurrently communicate that decision to the Governor(s) of the State(s), the NRC and the pertinent Regional Administrator(s), together with a statement in wr… | ||||||
| 44:44:1.0.1.6.84.0.10.13 | 44 | Emergency Management and Assistance | I | F | 350 | PART 350—REVIEW AND APPROVAL OF STATE AND LOCAL RADIOLOGICAL EMERGENCY PLANS AND PREPAREDNESS | § 350.13 Withdrawal of approval. | FEMA | (a) If, at any time after granting approval of a State plan, the Deputy Administrator for the National Preparedness Directorate determines, on his or her own initiative, motion or on the basis of information another person supplied, that the State or local plan is no longer adequate to protect public health and safety by providing reasonable assurance that appropriate protective measures can be taken, or is no longer capable of being implemented, he or she shall immediately advise the Governor of the affected State, through the appropriate Regional Administrator and the NRC of that initial determination in writing. FEMA shall spell out in detail the reasons for its initial determination, and shall describe the deficiencies in the plan or the preparedness of the State. If, after four months from the date of such an initial determination, the State in question has not either: (1) Corrected the deficiencies noted, or (2) submitted an acceptable plan for correcting those deficiencies, the Deputy Administrator for the National Preparedness Directorate shall withdraw approval and shall immediately inform the NRC and the Governor of the affected State, of the determination to withdraw approval and shall publish in the Federal Register and the local newspaper having the largest daily circulation in the affected State notice of its withdrawal or approval. The basis upon which the Deputy Administrator for the National Preparedness Directorate makes the determination for withdrawal of approval is the same basis used for reviewing plans and exercises, i.e., the planning standards and related criteria in NUREGO654/FEMA/REP-1, Rev. 1. (b) In the event that the State in question shall submit a plan for correcting the deficiencies, the Deputy Administrator for the National Preparedness Directorate shall negotiate a schedule and a timetable under which the State shall correct the deficiencies. If, on the agreed upon date, the deficiencies have been corrected, the Deputy Administrator for the National Preparedness Directorate … | ||||||
| 44:44:1.0.1.6.84.0.10.14 | 44 | Emergency Management and Assistance | I | F | 350 | PART 350—REVIEW AND APPROVAL OF STATE AND LOCAL RADIOLOGICAL EMERGENCY PLANS AND PREPAREDNESS | § 350.14 Amendments to State plans. | FEMA | (a) The State may amend a plan submitted to FEMA for review and approval under § 350.7 at any time during the review process or may amend a plan at any time after FEMA approval has been granted under § 350.12. A State must amend its plan in order to extend the coverage of the plan to any new nuclear power facility which becomes operational after a FEMA approval or in case of any other significant change. The State plan shall remain in effect as approved while any significant change is under review. (b) A significant change is one which involves the evaluation and assessment of a planning standard or which involves a matter which, if presented with the plan, would need to have been considered by the Deputy Administrator for the National Preparedness Directorate in making a decision that State or local plans and preparedness are: (1) Adequate to protect the health and safety of the public living in the vicinity of the nuclear power facility by providing reasonable assurance that appropriate protective measures can be taken offsite in the event of a radiological emergency; and (2) Capable of being implemented. (c) A significant change will be processed in the same manner as if it were an initial plan submission. However, the Regional Administrator may determine that certain procedures, such as holding a public meeting or a complete exercise, would be unnecessary. The existing FEMA approval shall remain in effect while any significant changes are under review. (d) Changes, such as a change in a telephone number, that are not significant as defined in paragraphs (b) and (c) of this section, but are necessary to maintain currency of the plan, should be forwarded to the Regional Administrator. | ||||||
| 44:44:1.0.1.6.84.0.10.15 | 44 | Emergency Management and Assistance | I | F | 350 | PART 350—REVIEW AND APPROVAL OF STATE AND LOCAL RADIOLOGICAL EMERGENCY PLANS AND PREPAREDNESS | § 350.15 Appeal procedures. | FEMA | (a) Any interested person may appeal a decision made under §§ 350.12 and 350.13 of this part, by submitting to the Administrator, FEMA, a written notice of appeal, within 30 days after the appearance in the Federal Register, of the notice of decision relating to the matter being appealed. The appeal must be addressed to the Administrator, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC, 20472. The appeal letter shall state specific reasons for the appeal and include an offer to provide documentation supporting appellate arguments. (b) Upon receipt of an appeal, the Administrator or the Administrator's designee shall review the file, as submitted to the Deputy Administrator for the National Preparedness Directorate, by the Regional Administrator of the FEMA Region concerned, based on the information contained in the file and the appeal letter, with supporting documentation. The Administrator or the Administrator's designee shall decide whether or not the Associate Director's initial decision was supported by substantial evidence in the file and is consistent with FEMA policy. (c) The decision of the Administrator or the Administrator's designee shall be published in the Federal Register as the final agency decision on the matter and shall not be reviewable within FEMA, except upon a showing that it was procured by fraud or misrepresentation. In addition to publication in the Federal Register, copies of the decision shall be forwarded to the appellant, the Governor(s) of the State(s) affected, the NRC and the affected licensee of the involved power facility. | ||||||
| 44:44:1.0.1.6.84.0.10.2 | 44 | Emergency Management and Assistance | I | F | 350 | PART 350—REVIEW AND APPROVAL OF STATE AND LOCAL RADIOLOGICAL EMERGENCY PLANS AND PREPAREDNESS | § 350.2 Definitions. | FEMA | As used in this part, the following terms are defined: (a) Administrator means the Administrator, FEMA, or designee; (b) Regional Administrator means a Regional Administrator of FEMA, or designee; (c) Deputy Administrator means the , National Preparedness Directorate, FEMA, or designee; (d) FEMA means the Federal Emergency Management Agency; (e) NRC means the Nuclear Regulatory Commission; (f) EPZ means Emergency Planning Zone. (g) Emergency Planning Zone (EPZ) is a generic area around a commercial nuclear facility used to assist in offsite emergency planning and the development of a significant response base. For commercial nuclear power plants, EPZs of about 10 and 50 miles are delineated for the plume and ingestion exposure pathways respectively. (h) Plume Exposure Pathway refers to whole body external exposure to gamma radiation from the plume and from deposited materials and inhalation exposure from the passing radioactive plume. The duration of primary exposures could range in length from hours to days. (i) Ingestion Exposure Pathway refers to exposure primarily from ingestion of water or foods such as milk and fresh vegetables that have been contaminated with radiation. The duration of primary exposure could range from hours to months. (j) Full participation refers to an exercise in which: (1) State and local government emergency personnel are engaged in sufficient numbers to verify the capability to respond to the actions required by the accident scenario; (2) the integrated capability to adequately assess and respond to an accident at a commercial nuclear power plant is tested; and (3) the implementation of the observable portions of State and/or local plans is tested. (k) Partial participation refers to the engagement of State and local government emergency personnel in an exercise sufficient to adequately test direction and control functions for protective action decisionmaking related to emergency action levels and communication capabilities among affected State and lo… | ||||||
| 44:44:1.0.1.6.84.0.10.3 | 44 | Emergency Management and Assistance | I | F | 350 | PART 350—REVIEW AND APPROVAL OF STATE AND LOCAL RADIOLOGICAL EMERGENCY PLANS AND PREPAREDNESS | § 350.3 Background. | FEMA | [48 FR 44335, Sept. 28, 1983, as amended at 51 FR 34606, Sept. 30, 1986] | (a) On December 7, 1979, the President directed the Administrator of FEMA to take the lead in State and local emergency planning and preparedness activities with respect to nuclear power facilities. This included a review of the existing emergency plans both in States with operating reactors and those with plants scheduled for operation in the near future. (b) This assignment was given to FEMA because of its responsibilities under Executive Order 12148 to establish Federal policies for and coordinate civil emergency planning, management and assistance functions and to represent the President in working with State and local governments and the private sector to stimulate vigorous participation in civil emergency preparedness programs. Under section 201 of the Disaster Relief Act of 1974 (42 U.S.C. 5131), and other statutory functions, the Administrator of FEMA is charged with the responsibility to develop and implement plans and programs of disaster preparedness. (c) There are two sections in the NRC's fiscal year 1982/1983 Appropriation Authorization (Pub. L. 97-415) that pertain to the scope of this rule. (1) Section 5 provides for the issuance of an operating license for a commercial nuclear power plant by the NRC if it is determined that there exists a State, local or utility plan which provides assurance that public health and safety is not endangered by the operation of the facility. This section would allow the NRC to issue an operating license for such plants without FEMA-approved State and local government plans. (2) Section 11 provides for the issuance of temporary licenses for operating a utilization facility at a specific power level to be determined by the Commission, pending final action by the Commission on the application. Also, this section authorizes the NRC to issue temporary operating licenses for these facilities without the completion of the required (NRC) Commission hearing process. A petition for such a temporary license may not be filed until certain actions are completed including the… | |||||
| 44:44:1.0.1.6.84.0.10.4 | 44 | Emergency Management and Assistance | I | F | 350 | PART 350—REVIEW AND APPROVAL OF STATE AND LOCAL RADIOLOGICAL EMERGENCY PLANS AND PREPAREDNESS | § 350.4 Exclusions. | FEMA | The regulation in this part does not apply to, nor will FEMA apply any criteria with respect to, any evaluation, assessment or determination regarding the NRC licensee's emergency plans or preparedness, nor shall FEMA make any similar determination with respect to the integration of offsite and NRC licensee emergency preparedness except as these assessments and determinations affect the emergency preparedness of State and local governments. The regulation in this part applies only to State and local planning and preparedness with respect to emergencies at commercial nuclear power facilities and does not apply to other facilities which may be licensed by NRC, nor to United States Government-owned, non-licensed facilities nor the jurisdictions surrounding them. | ||||||
| 44:44:1.0.1.6.84.0.10.5 | 44 | Emergency Management and Assistance | I | F | 350 | PART 350—REVIEW AND APPROVAL OF STATE AND LOCAL RADIOLOGICAL EMERGENCY PLANS AND PREPAREDNESS | § 350.5 Criteria for review and approval of State and local radiological emergency plans and preparedness. | FEMA | (a) Section 50.47 of NRC's Emergency Planning Rule (10 CFR parts 50 (appendix E) and 70 as amended) and the joint FEMA-NRC Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants (NUREG-0654/FEMA-REP-1, Rev. 1, November 1980) which apply insofar as FEMA is concerned to State and local governments, are to be used in reviewing, evaluating and approving State and local radiological emergency plans and preparedness and in making any findings and determinations with respect to the adequacy of the plans and the capabilities of State and local governments to implement them. Both the planning and preparedness standards and related criteria contained in NUREG-0654/ FEMA-REP-1, Rev. 1 are to be used by FEMA and the NRC in reviewing and evaluating State and local government radiological emergency plans and preparedness. For brevity, only the planning standards contained in NUREG-0654/ FEMA-REP-1, Rev. 1 are presented below. (1) Primary responsibilities for emergency response by the nuclear facility licensee, and by State and local organizations within the Emergency Planning Zones have been assigned, the emergency responsibilities of the various supporting organizations have been specifically established and each principal response organization has staff to respond to and augment its initial response on a continuous basis. (2) On-shift facility licensee responsibilities for emergency response are unambiguously defined, adequate staffing to provide initial facility accident response in key functional areas is maintained at all times, timely augmentation of response capabilities is available and the interfaces among various onsite response activities and offsite support and response activities are specified. (This standard applies only to NRC licensees but is included here for completeness.) (3) Arrangements for requesting and effectively using assistance resources have been made, arrangements to accommodate State and local staff at the licensee'… | ||||||
| 44:44:1.0.1.6.84.0.10.6 | 44 | Emergency Management and Assistance | I | F | 350 | PART 350—REVIEW AND APPROVAL OF STATE AND LOCAL RADIOLOGICAL EMERGENCY PLANS AND PREPAREDNESS | § 350.6 Assistance in development of State and local plans. | FEMA | (a) An integrated approach to the development of offsite radiological emergency plans by States, localities and the licensees of NRC with the assistance of the Federal Government is the approach most likely to provide the best protection to the public. Hence, Federal agencies, including FEMA Regional staff, will be made available upon request to assist States and localities in the development of plans. (b) There now exists in each of the ten standard Federal Regions a Regional Assistance Committee (RAC) (formerly the Regional Advisory Committee) chaired by a FEMA Regional official and having members from the Nuclear Regulatory Commission, Department of Health and Human Services, Department of Energy, Department of Transportation, Environmental Protection Agency, the United States Department of Agriculture and Department of Commerce. Whereas in 44 CFR part 351, the Department of Defense is listed as a potential member of the RACs, it is not listed in this rule because military nuclear facilities are not the subject of concern. The RACs will assist State and local government officials in the development of their radiological emergency response plans, and will review plans and observe exercises to evaluate the adequacy of these plans and related preparedness. This assistance does not include the actual writing of State and local government plans by RAC members. (c) In accomplishing the foregoing, the RACs will use the standards and criteria in NUREG-0654/FEMA-REP-1, Rev. 1, and will render such technical assistance as may be required, appropriate to their agency mission and expertise. In observing and evaluating exercises, the RACs will identify, soon after an exercise, any deficiencies observed in the planning and preparedness effort including deficiencies in resources, training of staff, equipment, staffing levels and deficiencies in the qualifications of personnel. | ||||||
| 44:44:1.0.1.6.84.0.10.7 | 44 | Emergency Management and Assistance | I | F | 350 | PART 350—REVIEW AND APPROVAL OF STATE AND LOCAL RADIOLOGICAL EMERGENCY PLANS AND PREPAREDNESS | § 350.7 Application by State for review and approval. | FEMA | (a) A State which seeks formal review and approval by FEMA of the State's radiological emergency plan shall submit an application for such review and approval to the FEMA Regional Administrator of the Region in which the State is located. The application, in the form of a letter from the Governor or from such other State official as the Governor may designate, shall contain one copy of the completed State plan, including coverage of response in the ingestion exposure pathway EPZ. The application will also include plans of all appropriate local governments. The application shall specify the site or sites for which plan approval is sought. For guidance on the local government plans that should be included with an application, refer to Part I.E. NUREG-0654/FEMA-REP-1, Rev. 1, entitled Contiguous Jurisdiction Governmental Emergency Planning (see (e)). Only a State may request formal review of State or local radiological emergency plans. (b) Generally, the plume exposure pathway EPZ for nuclear power facilities shall consist of an area about 10 miles (16 Km) in radius and the ingestion exposure pathway EPZ shall consist of an area about 50 miles (80 Km) in radius. The exact size and configuration of the EPZs surrounding a particular nuclear power facility shall be determined by State and local governments in consultation with FEMA and NRC taking into account such local conditions as demography, topography, land characteristics, access routes and local jurisdiction boundaries. The size of the EPZs may be determined by NRC in consultation with FEMA on a case-by-case basis for gas cooled reactors and for reactors with an authorized power level less than 250 Mw thermal. The plans for the ingestion exposure pathway shall focus on such actions as are appropriate to protect the public from ingesting contaminated food and water. (c) A State may submit separately its plans for the EPZs and the local government plans related to individual nuclear power facilities. The purpose of separate submissions is to allow approval of a … | ||||||
| 44:44:1.0.1.6.84.0.10.8 | 44 | Emergency Management and Assistance | I | F | 350 | PART 350—REVIEW AND APPROVAL OF STATE AND LOCAL RADIOLOGICAL EMERGENCY PLANS AND PREPAREDNESS | § 350.8 Initial FEMA action on State plan. | FEMA | (a) The Regional Administrator shall acknowledge in writing within ten days the receipt of the State application. (b) FEMA shall publish a notice signed by the Regional Administrator or designee in the Federal Register within 30 days after receipt of the application, that an application from a State has been received and that copies are available at the Regional Office for review and copying in accordance with 44 CFR 5.26. (c) The Regional Administrator shall furnish copies of the plan to members of the RAC for their analysis and evaluation. (d) The Regional Administrator shall make a detailed review of the State plan, including those of local governments, and assess the capability of State and local governments to effectively implement the plan (e.g., adequacy and maintenance of procedures, training, resources, staffing levels and qualification and equipment adequacy). Evaluation and comments of the RAC members will be used as part of the review process. (e) In connection with the review, the Regional Administrator may make suggestions to States concerning perceived gaps or deficiencies in the plans, and the State may amend the plan at any time prior to forwarding to the Deputy Administrator for the National Preparedness Directorate. (f) Two conditions for FEMA approval of State plans (including local government plans) are the requirements for an exercise (see § 350.9), and for public participation (see §§ 350.9 and 350.10.). These activities occur during the Regional review and prior to the forwarding of the plan to the Deputy Administrator for the National Preparedness Directorate. | ||||||
| 44:44:1.0.1.6.84.0.10.9 | 44 | Emergency Management and Assistance | I | F | 350 | PART 350—REVIEW AND APPROVAL OF STATE AND LOCAL RADIOLOGICAL EMERGENCY PLANS AND PREPAREDNESS | § 350.9 Exercises. | FEMA | (a) Before a Regional Administrator can forward a State plan to the Deputy Administrator for the National Preparedness Directorate for approval, the State, together with all appropriate local governments, must conduct a joint exercise of that State plan, involving full participation 1 of appropriate local government entities, the State and the appropriate licensee of the NRC. To the extent achievable, this exercise shall include participation by appropriate Federal agencies. This exercise shall be observed and evaluated by FEMA and by representatives of other Federal agencies with membership on the RACs and by NRC with respect to licensee response. Within 48 hours of the completion of the exercise, a briefing involving the exercise participants and Federal observers shall be conducted by the Regional Administrator to discuss the preliminary results of the exercise. If the exercise discloses any deficiencies in the State and local plans, or the ability of the State and local governments to implement the plans, the FEMA representatives shall make them known promptly in writing to appropriate State officials. To the extent necessary, the State shall amend the plan to incorporate recommended changes or improvements or take other corrective measures, such as remedial exercises, 1 to demonstrate to the Regional Administrator that identified weaknesses have been corrected. 1 See § 350.2 for definitions of “full participation” and “remedial exercises”. (b) The Regional Administrator shall be the FEMA official responsible for certifying to the Deputy Administrator for the National Preparedness Directorate that an exercise of the State plan has been conducted, and that changes and corrective measures in accordance with paragraph (a) of this section have been made. (c) State and local governments that have fully participated in a joint exercise within one year prior to the effective date of this final rule will have continuing approval of their radiological emergency plans and preparedness by following the freq… | ||||||
| 46:46:8.0.1.11.31.0.12.1 | 46 | Shipping | II | J | 350 | PART 350—SEAMEN'S SERVICE AWARDS | § 350.1 Purpose. | FMC | [91 FR 1708, Jan. 15, 2026] | The purpose of this part is to prescribe regulations to implement 46 U.S.C. chapter 519 to authorize the issue of decorations, medals, and other recognition for service in the U.S. merchant marine, and for other purposes, and to provide for the replacement of awards previously issued for service in the U.S. merchant marine under prior law. | |||||
| 46:46:8.0.1.11.31.0.12.2 | 46 | Shipping | II | J | 350 | PART 350—SEAMEN'S SERVICE AWARDS | § 350.2 Special medals and awards. | FMC | [60 FR 49804, Sept. 27, 1995, as amended at 91 FR 1708, Jan. 15, 2026] | The Secretary of Transportation, acting through the Maritime Administrator, may award decorations and medals of appropriate design for individual acts or service in the U.S. Merchant Marine. (a) Medals, awards. The Secretary may award the Distinguished Service Medal, Meritorious Service Medal and Gallant Ship Unit Citation Award, as prescribed under sections 3 and 4 of Pub. L. 100-324. (b) Nominations. Nominations for these awards shall be reviewed and submitted by the MARAD Merchant Marine Awards Committee to the Maritime Administrator for approval. (c) Inquiries. Direct all inquiries concerning eligibility and procedures for the issuance of these medals to Maritime Administrator, Attention: Seamen's Service Awards, Maritime Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. | |||||
| 46:46:8.0.1.11.31.0.12.3 | 46 | Shipping | II | J | 350 | PART 350—SEAMEN'S SERVICE AWARDS | § 350.3 Other original recognition of service. | FMC | [60 FR 49804, Sept. 27, 1995, as amended at 91 FR 1708, Jan. 15, 2026] | Under the provision of Pub. L. 100-324, the Administrator has the authority to review original applications for the following decorations: (a) World War II Service. (1) Merchant Marine Emblem, awarded to merchant seamen for service during World War II from the period December 7, 1941 to July 25, 1947; (2) Victory Medal, awarded to merchant seamen who served as members of the crews of ships for 30 days or more during the period December 7, 1941 to September 3, 1945; (3) Honorable Service Button, awarded to merchant seamen who served as members of the crews of ships for 30 days or more during the period December 7, 1941 to September 3, 1945; (4) Mariner's Medal, awarded to merchant seamen who, while serving on a ship from December 7, 1941 to July 25, 1947, were wounded or suffered physical injury as a result of an act of an enemy of the United States; (5) Merchant Marine Combat Bar, awarded to merchant seamen who served on a ship which, at the time of such service, was attacked or damaged by an instrumentality of war, from December 7, 1941 to July 25, 1947. A star is attached if the seaman was forced to abandon ship. For each additional abandonment, a star is added; (6) Merchant Marine Defense Bar and Medal, awarded to merchant seamen who served on merchant vessels between September 8, 1939 to December 7, 1941; (7) Atlantic War Zone Bar and Medal, awarded to merchant seamen who served in the Atlantic War Zone, including the North Atlantic, South Atlantic, Gulf of America, Caribbean, Barents Sea, and the Greenland Sea, between December 7, 1941, and November 8, 1945. (8) Mediterranean-Middle East War Zone Bar and Medal, awarded to merchant seamen who served in the zone including the Mediterranean Sea, Red Sea, Arabian Sea, and Indian Ocean west of 80 degrees east longitude, between December 7, 1941 and November 8, 1945; (9) Pacific War Zone Bar and Medal, awarded to merchant seamen who served in the Pacific War Zone, including the North Pacific, South Pacific, and the Indian Ocean east of… | |||||
| 46:46:8.0.1.11.31.0.12.4 | 46 | Shipping | II | J | 350 | PART 350—SEAMEN'S SERVICE AWARDS | § 350.4 Eligibility for awards. | FMC | [60 FR 49804, Sept. 27, 1995, as amended at 91 FR 1709, Jan. 15, 2026] | (a) World War II awards. Submission of the original applications for World War II merchant marine service awards to the Maritime Administration shall include: (1) A copy of seaman's DD Form 214, “Certificate of Release or Discharge from Active Duty” with continuation sheet, if provided. The DD Form 214 is required to verify merchant marine service on vessels during World War II. The application and instructions for applying for this document may be obtained from the Maritime Administration, Office of Maritime Labor, Training and Safety. If a seaman was not eligible for this discharge, the Maritime Administration will accept official documents, including ships' discharges; (2) A summary of World War II sailing history to include—theater(s) of operation and ports of discharge; and (3) Book number or United States Maritime Service (USMS) number and World War II home address. (b) Korean and Vietnam Awards. Applicants for the Korean Service bar and medal, Vietnam Service bar and medal and the Merchant Marine Expeditionary Award shall provide copies of the ship(s) discharge(s) for the appropriate voyages. All awardees will be given an appropriate certification card or certificate for their awards. (c) Inquiries. The information establishing eligibility, along with a written request must be directed to Maritime Administrator, Attention: Seamen's Service Awards, Maritime Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. | |||||
| 46:46:8.0.1.11.31.0.12.5 | 46 | Shipping | II | J | 350 | PART 350—SEAMEN'S SERVICE AWARDS | § 350.5 Replacement decorations. | FMC | [91 FR 1709, Jan. 15, 2026] | Decorations that have been previously issued may be replaced at cost upon written request made to Maritime Administrator, Attention: Seamen's Service Awards, Maritime Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. | |||||
| 46:46:8.0.1.11.31.0.12.6 | 46 | Shipping | II | J | 350 | PART 350—SEAMEN'S SERVICE AWARDS | § 350.6 Unauthorized sale, manufacture, possession or display. | FMC | The sale, manufacture, possession or display of any Merchant Marine decoration, or colorable imitations thereof, by anyone other than an authorized vendor is prohibited by law and subject to fine and imprisonment. | ||||||
| 46:46:8.0.1.11.31.0.12.7 | 46 | Shipping | II | J | 350 | PART 350—SEAMEN'S SERVICE AWARDS | § 350.7 Special certificate of recognition. | FMC | The Maritime Administration is authorized to issue a special certificate of recognition of service to an individual, or the personal representative of an individual, whose service in the U.S. Merchant Marine has been determined to be active duty under an earlier Act of Congress (Pub. L. 95-202). The issuance of this certificate to any individual does not entitle that individual to any rights, privileges or benefits under any law of the United States. | ||||||
| 49:49:5.1.1.2.4.1.1.1 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | A | Subpart A—General | § 350.101 Purpose. | FHWA | The purpose of this part is to provide direction for entities seeking MCSAP or High Priority Program funding to improve motor carrier, CMV, and driver safety. | ||||
| 49:49:5.1.1.2.4.1.1.2 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | A | Subpart A—General | § 350.103 Effective date of changes to financial assistance programs. | FHWA | The changes to the FMCSA financial assistance programs under this part take effect for fiscal year 2021 (beginning October 1, 2020) financial assistance funds and beyond. | ||||
| 49:49:5.1.1.2.4.1.1.3 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | A | Subpart A—General | § 350.105 Definitions. | FHWA | Unless specifically defined in this section, terms used in this part are subject to the definitions in 49 CFR part 390. As used in this part: Administrative takedown funds means funds FMCSA deducts each fiscal year from the amounts made available for MCSAP and the High Priority Program for expenses incurred by FMCSA for training State and local government employees and for the administration of the programs. Administrator means the administrator of FMCSA. Border State means a State that shares a land border with Canada or Mexico. Commercial motor vehicle (CMV) means a motor vehicle that has any of the following characteristics: (1) A gross vehicle weight (GVW), gross vehicle weight rating (GVWR), gross combination weight (GCW), or gross combination weight rating (GCWR) of 4,537 kilograms (10,001 pounds) or more. (2) Regardless of weight, is designed or used to transport 16 or more passengers, including the driver. (3) Regardless of weight, is used in the transportation of hazardous materials and is required to be placarded pursuant to 49 CFR part 172, subpart F. Commercial vehicle safety plan (CVSP) means a State's CMV safety objectives, strategies, activities, and performance measures that cover a 3-year period, including the submission of the CVSP for the first year and annual updates thereto for the second and third years. Compatible or compatibility means State laws, regulations, standards, and orders on CMV safety that: (1) As applicable to interstate commerce not involving the movement of hazardous materials: (i) Are identical to or have the same effect as the FMCSRs; or (ii) If in addition to or more stringent than the FMCSRs, have a safety benefit, do not unreasonably frustrate the Federal goal of uniformity, and do not cause an unreasonable burden on interstate commerce when enforced; (2) As applicable to intrastate commerce not involving the movement of hazardous materials: (i) Are identical to or have the same effect as the FMCSRs; or (ii) Fall within the limited variances from the… | ||||
| 49:49:5.1.1.2.4.2.1.1 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.201 MCSAP administration: Goal and purpose. | FHWA | (a) General. MCSAP is a Federal formula grant program that provides financial assistance to States to reduce the number and severity of crashes, and resulting injuries and fatalities, involving CMVs and to promote the safe transportation of passengers and hazardous materials. The goal of MCSAP is to reduce CMV-involved crashes, fatalities, and injuries through consistent, uniform, and effective CMV safety programs that include driver or vehicle inspections, traffic enforcement, carrier investigations, new entrant safety audits, border enforcement, safety data improvements, and Performance and Registration Information Systems Management (PRISM). (b) MCSAP purpose. The purpose of MCSAP is to ensure FMCSA and States, local government agencies, other political jurisdictions, Federally-recognized Indian Tribes, and other organizations and persons work in partnership to establish programs to improve motor carrier, CMV, and driver safety to support a safe and efficient transportation system by— (1) Making targeted investments to promote safe CMV transportation, including transportation of passengers and hazardous materials; (2) Investing in activities likely to generate maximum reductions in the number and severity of CMV crashes and in fatalities resulting from CMV crashes; (3) Adopting and enforcing effective and compatible (as defined in § 350.105 of this part) motor carrier, CMV, and driver safety laws, regulations, standards, and orders; and (4) Assessing and improving State-wide performance of motor carrier, CMV, and driver safety by setting program goals and meeting performance standards, measurements, and benchmarks. (c) State participation. MCSAP sets conditions of participation for States and promotes the adoption and uniform enforcement of compatible laws, regulations, standards, and orders on CMV safety. | ||||
| 49:49:5.1.1.2.4.2.1.10 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.219 MCSAP administration: Award of funds under a continuing resolution or an extension of FMCSA's authorization. | FHWA | In the event of a continuing resolution or an extension of FMCSA's authorization, subject to the availability of funding, FMCSA may first issue grants to States that have the lowest percent of undelivered obligations of the previous Federal fiscal year's funding, or as otherwise determined by the Administrator. | ||||
| 49:49:5.1.1.2.4.2.1.11 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.221 MCSAP administration: Availability of funds. | FHWA | [85 FR 37796, June 24, 2020, as amended at 87 FR 59035, Sept. 29, 2022] | MCSAP funds obligated to a State will remain available for the Federal fiscal year that the funds are obligated and the next 2 full Federal fiscal years. | |||
| 49:49:5.1.1.2.4.2.1.12 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.223 MCSAP administration: Federal and State shares of costs incurred. | FHWA | (a) Federal share. FMCSA will reimburse at least 85 percent of the eligible costs incurred under MCSAP. (b) Match. (1) In-kind contributions are acceptable in meeting a State's matching share under MCSAP if they represent eligible costs, as established by 2 CFR parts 200 and 1201 and the MCSAP application announcement. (2) States may use amounts generated under the Unified Carrier Registration Agreement as part of the State's match required for MCSAP, provided the amounts are not applied to the MOE required under § 350.225 and are spent on eligible costs, as established by 2 CFR parts 200 and 1201 and the MCSAP application announcement. (c) Waiver. (1) The Administrator waives the requirement for the matching share under MCSAP for American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands. (2) The Administrator reserves the right to reduce or waive the matching share under MCSAP for other States in any fiscal year: (i) As announced in the MCSAP application announcement; or (ii) As determined by the Administrator on a case-by-case basis. | ||||
| 49:49:5.1.1.2.4.2.1.13 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.225 MCSAP administration: Maintenance of effort to qualify for funds. | FHWA | (a) General. Subject to paragraph (e) of this section, a State must maintain an MOE each fiscal year for CMV safety programs eligible for funding under this part at a level at least equal to: (1) The average level of that expenditure for the base period of fiscal years 2004 and 2005; or (2) The level of expenditure in fiscal year 2021, as adjusted under section 5107 of the Fixing America's Surface Transportation (FAST) Act (Pub. L. 114-94, 129 Stat. 1312, 1532-34 (2015)). (b) Calculation. In determining a State's MOE, FMCSA: (1) May allow the State to exclude State expenditures for Federally-sponsored demonstration and pilot CMV safety programs and strike forces; (2) May allow the State to exclude expenditures for activities related to border enforcement and new entrant safety audits; (3) May allow the State to use amounts generated under the Unified Carrier Registration Agreement, provided the amounts are not applied to the match required under § 350.223; (4) Requires the State to exclude Federal funds; and (5) Requires the State to exclude State matching funds required under § 350.223. (c) Costs. (1) In calculating the MOE under paragraph (b) of this section, a State must include all eligible costs associated with activities performed during the base period by the Lead State Agency that receives funds under this part. (2) In its annual MOE, a State must include only those activities that meet the current requirements for funding eligibility under MCSAP. (d) Waivers and modifications. (1) If a State requests, FMCSA may waive or modify the State's obligation to meet its MOE for a fiscal year if FMCSA determines that the waiver or modification is reasonable, based on circumstances described by the State. (2) Requests to waive or modify the State's obligation to meet its MOE must be submitted to FMCSA in writing. (3) FMCSA will review the request and provide a response as soon as practicable, but no later than 120 days following receipt of the request. (e) Permanent adjustment. After Federal… | ||||
| 49:49:5.1.1.2.4.2.1.14 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.227 MCSAP administration: Activities eligible for reimbursement. | FHWA | [85 FR 37796, June 24, 2020, as amended at 87 FR 59035, Sept. 29, 2022] | (a) General. The primary activities eligible for reimbursement under MCSAP are: (1) Activities that support the national program elements listed in § 350.203; and (2) Sanitary food transportation inspections performed under 49 U.S.C. 5701. (b) Additional activities. If part of the approved CVSP and accompanied by an appropriate North American Standard Inspection and inspection report, additional activities eligible for reimbursement are: (1) Enforcement of CMV size and weight limitations at locations, other than fixed-weight facilities, where the weight of a CMV can significantly affect the safe operation of the vehicle, such as near steep grades or mountainous terrains, or at ports where intermodal shipping containers enter and leave the United States; and (2) Detection of, and enforcement activities taken as a result of, criminal activity involving a CMV or any occupant of the vehicle, including the trafficking of human beings. (c) Traffic enforcement activities. (1) Documented activities to enforce State traffic laws and regulations designed to promote the safe operation of CMVs are eligible for reimbursement under MCSAP. (2) Documented activities to enforce State traffic laws and regulations relating to non-CMVs are eligible for reimbursement under MCSAP if: (i) The documented activities are necessary to promote the safe operation of CMVs; (ii) The number of motor carrier safety activities, including safety inspections, is maintained at a level at least equal to the average level of such activities conducted in the State in fiscal years 2014 and 2015; and (iii) The State does not use more than 10 percent of its MCSAP funds for enforcement activities relating to non-CMVs, unless the Administrator determines that a higher percentage will result in significant increases in CMV safety. | |||
| 49:49:5.1.1.2.4.2.1.15 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.229 MCSAP administration: Specific costs eligible for reimbursement. | FHWA | (a) General. FMCSA must establish criteria for activities eligible for reimbursement and make those criteria available to the States in the MCSAP application announcement before the MCSAP application period. (b) Costs eligible for reimbursement. All costs relating to activities eligible for reimbursement must be necessary, reasonable, allocable, and allowable under this subpart and 2 CFR parts 200 and 1201. The eligibility of specific costs for reimbursement is addressed in the MCSAP application announcement and is subject to review and approval by FMCSA. (c) Ineligible costs. MCSAP funds may not be used for the: (1) Acquisition of real property or buildings; or (2) Development, implementation, or maintenance of a State registry of medical examiners. | ||||
| 49:49:5.1.1.2.4.2.1.16 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.231 MCSAP administration: Consequences for failure to meet conditions. | FHWA | (a) General. (1) If a State is not performing according to an approved CVSP or not adequately meeting the conditions set forth in § 350.207, the Administrator may issue a written notice of proposed determination of nonconformity to the chief executive of the State or the official designated in the CVSP. (2) The notice will set forth the reasons for the proposed determination. (b) Response. The State has 30 days from the date of the notice to reply. The reply must address the discrepancy cited in the notice and must provide documentation as requested. (c) Final Agency decision. (1) After considering the State's reply, the Administrator makes a final decision. (2) In the event the State fails to timely reply to a notice of proposed determination of nonconformity, the notice becomes the Administrator's final determination of nonconformity. (d) Consequences. Any adverse decision will result in FMCSA: (1) Withdrawing approval of the CVSP and withholding all MCSAP funds to the State; or (2) Finding the State in noncompliance in lieu of withdrawing approval of the CVSP and withholding: (i) Up to 5 percent of MCSAP funds during the fiscal year that FMCSA notifies the State of its noncompliance; (ii) Up to 10 percent of MCSAP funds for the first full fiscal year of noncompliance; (iii) Up to 25 percent of MCSAP funds for the second full fiscal year of noncompliance; and (iv) Up to 50 percent of MCSAP funds for the third and any subsequent full fiscal year of noncompliance. (e) Judicial review. Any State aggrieved by an adverse decision under this section may seek judicial review under 5 U.S.C. chapter 7. | ||||
| 49:49:5.1.1.2.4.2.1.2 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.203 MCSAP administration: National MCSAP elements. | FHWA | The national MCSAP elements are: (a) Driver inspections; (b) Vehicle inspections; (c) Traffic enforcement; (d) Investigations; (e) New entrant safety audits; (f) CMV safety programs focusing on international commerce in Border States; (g) Beginning October 1, 2020, full participation in PRISM or an acceptable alternative as determined by the Administrator; (h) Accurate, complete, timely, and corrected data; (i) Public education and awareness; and (j) Other elements that may be prescribed by the Administrator. | ||||
| 49:49:5.1.1.2.4.2.1.3 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.205 MCSAP administration: Funding eligibility. | FHWA | Only States are eligible to receive MCSAP grants directly from FMCSA. | ||||
| 49:49:5.1.1.2.4.2.1.4 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.207 MCSAP administration: Conditions to qualify for funds. | FHWA | (a) General. To qualify for MCSAP funds, a State must: (1) Designate a Lead State Agency; (2) Assume responsibility for improving motor carrier safety by adopting and enforcing compatible (as defined in § 350.105 of this part) laws, regulations, standards, and orders on CMV safety, except as may be determined by the Administrator to be inapplicable to a State enforcement program; (3) Ensure that the State will cooperate in the enforcement of financial responsibility requirements under part 387 of this subchapter; (4) Provide that the State will enforce the registration requirements under 49 U.S.C. 13902 and 31134 by prohibiting the operation of any vehicle discovered to be operated by a motor carrier without a registration issued under those sections or operated beyond the scope of the motor carrier's registration; (5) Provide a right of entry (or other method a State may use that is adequate to obtain necessary information) and inspection to carry out the CVSP; (6) Give satisfactory assurances in its CVSP that the Lead State Agency and any subrecipient of MCSAP funds have the legal authority, resources, and qualified personnel (including individuals certified in accordance with 49 CFR part 385, subpart C, to perform inspections, audits, and investigations) necessary to enforce compatible laws, regulations, standards, and orders on CMV safety; (7) Provide satisfactory assurances that the State will undertake efforts that will emphasize and improve enforcement of State and local traffic laws and regulations on CMV safety; (8) Give satisfactory assurances that the State will devote adequate resources to the administration of the CVSP throughout the State, including the enforcement of compatible laws, regulations, standards, and orders on CMV safety; (9) Provide that the MOE of the Lead State Agency will be maintained each fiscal year in accordance with § 350.225; (10) Provide that all reports required in the CVSP be available to FMCSA upon request, meet the reporting requirements, and use the forms for … | ||||
| 49:49:5.1.1.2.4.2.1.5 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.209 MCSAP administration: Application for funds using a CVSP. | FHWA | (a) MCSAP application submission format. (1) The CVSP is a 3-year plan. (2) The first year of the CVSP varies by State, depending on when the State implemented the CVSP. (3) For the first year of the CVSP, the Lead State Agency must submit a CVSP projecting programs and projects covering 3 years and a budget for the first fiscal year for which the CVSP is submitted, as explained in § 350.211. (4) For the second and third years of the CVSP, the Lead State Agency must submit an annual update and budget for that fiscal year and any other needed adjustments or changes to the CVSP, as explained in § 350.213. (b) MCSAP application submission deadline. (1) The Lead State Agency must submit the first year of the CVSP, or the annual updates, to FMCSA by the date prescribed in the MCSAP application announcement for the fiscal year. (2) The Administrator may extend for a period not exceeding 30 days the deadline prescribed in the MCSAP application announcement for document submission for good cause. | ||||
| 49:49:5.1.1.2.4.2.1.6 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.211 MCSAP administration: Requirements for the first year of the CVSP. | FHWA | (a) General. (1) For the first year of the CVSP, the Lead State Agency must submit a CVSP that complies with the MCSAP application announcement and, at a minimum, provides a performance-based program with a general overview section that includes: (i) A statement of the Lead State Agency's goal or mission; and (ii) A program summary of the effectiveness of prior activities in reducing CMV crashes, injuries, and fatalities and in improving driver and motor carrier safety performance. (2) The program summary must identify and address safety or performance problems in the State. (3) The program summary must use 12-month data periods that are consistent from year to year. This may be a calendar year, fiscal year, or any 12-month period for which the State's data is current. (4) The program summary must show trends supported by safety and program performance data collected over several years. (b) National MCSAP elements. (1) For the first year of the CVSP, the Lead State Agency must include a brief narrative describing how the State CVSP addresses the national program elements listed in § 350.203. (2) The CVSP must address each national program element even if there are no planned activities in a program area. (c) Resource allocation. For the first year of the CVSP, the Lead State Agency must explain the rationale for the State's resource allocation decisions. (d) Specific activities. For the first year of the CVSP, the Lead State Agency must have a narrative section that includes a description of how the CVSP supports: (1) Activities aimed at removing impaired CMV drivers from the highways through adequate enforcement of restrictions on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detection and measuring equipment; (2) Activities aimed at providing an appropriate level of training to MCSAP personnel to recognize drivers impaired by alcohol or controlled substances; (3) Criminal interdiction activities and appropriate strategies for carrying out those… | ||||
| 49:49:5.1.1.2.4.2.1.7 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.213 MCSAP administration: Requirements for the second and third years of the CVSP. | FHWA | (a) General. For the second and third years of the CVSP, a Lead State Agency must submit an annual update that complies with the MCSAP application announcement and, at a minimum, must include program goals, certifications, and other information revised since the prior year's submission, and the items listed in paragraphs (b) to (g) of this section. (b) Budget. For the second and third years of the CVSP, the Lead State Agency must include a budget that supports the applicable fiscal year of the CVSP and describes the expenditures for allocable costs, such as personnel and related costs, equipment purchases, printing, information systems costs, and other eligible costs consistent with § 350.229. (c) Resource allocation. For the second and third years of the CVSP, the Lead State Agency must explain the rationale for the State's resource allocation decisions. (d) List of MCSAP contacts. For the second and third years of the CVSP, the Lead State Agency must include a list of MCSAP contacts. (e) Certification. (1) For the second and third years of the CVSP, the Lead State Agency must certify that it has: (i) Met all the MCSAP conditions in § 350.207; and (ii) Completed the annual review required by § 350.303 and determined that State laws, regulations, standards, and orders on CMV safety are compatible (as defined in § 350.105 of this part). (2) If a State law, regulation, standard, or order on CMV safety is no longer compatible, the certifying official must explain the State's plan to address the discrepancy. (3) A certification under this paragraph must reflect that the certifying official has authority to make the certification on behalf of the State. (f) New or amended laws. For the second and third years of the CVSP, the Lead State Agency must submit to FMCSA a copy of any new or amended law, regulation, standard, or order on CMV safety that the State enacted since the prior year's submission. (g) Further submissions. For the second and third years of the CVSP, the Lead State Agency must su… | ||||
| 49:49:5.1.1.2.4.2.1.8 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.215 MCSAP administration: Response to CVSP. | FHWA | (a) First year of the CVSP. (1) FMCSA will notify the Lead State Agency within 30 days after FMCSA begins its review of the State's first year of the CVSP, including the budget, whether FMCSA: (i) Approves the CVSP; or (ii) Withholds approval because the CVSP: (A) Does not meet the requirements of this part; or (B) Is not adequate to ensure effective enforcement of compatible (as defined in § 350.105 of this part) laws, regulations, standards, and orders on CMV safety. (2) If FMCSA withholds approval of the CVSP, FMCSA will give the Lead State Agency a written explanation of the reasons for withholding approval and allow the Lead State Agency to modify and resubmit the CVSP for approval. (3) The Lead State Agency will have 30 days from the date of the notice under paragraph (a)(2) of this section to modify and resubmit the CVSP. (4) Failure to resubmit the modified CVSP may delay funding or jeopardize MCSAP eligibility. (5) Final disapproval of a resubmitted CVSP will result in disqualification for MCSAP funding for that fiscal year. (b) Annual update for the second or third year of the CVSP. (1) FMCSA will notify the Lead State Agency within 30 days after FMCSA begins its review of the State's annual update, including the budget, whether FMCSA: (i) Approves the annual update; or (ii) Withholds approval because the annual update: (A) Does not meet the requirements of this part; or (B) Is not adequate to ensure effective enforcement of compatible laws, regulations, standards, and orders on CMV safety. (2) If FMCSA withholds approval of the annual update, FMCSA will give the Lead State Agency a written explanation of the reasons for withholding approval and allow the Lead State Agency to modify and resubmit the annual update for approval. (3) The Lead State Agency will have 30 days from the date of the notice under paragraph (b)(2) of this section to modify and resubmit the annual update. (4) Failure to resubmit the modified annual update may delay funding or jeopardize MCSAP eligibility. (5) F… | ||||
| 49:49:5.1.1.2.4.2.1.9 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | B | Subpart B—MCSAP Administration | § 350.217 MCSAP administration: Allocation of funds. | FHWA | (a) General. Subject to the availability of funding, FMCSA must allocate MCSAP funds to grantees with approved CVSPs in accordance with this section. (b) Territories—excluding the Commonwealth of Puerto Rico. (1) Not more than 0.49 percent of the MCSAP funds may be allocated in accordance with this paragraph among the Territories of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands. (2) Half of the MCSAP funds available under paragraph (b)(1) of this section will be divided equally among the Territories. (3) The remaining MCSAP funds available under paragraph (b)(1) of this section will be allocated among the Territories in a manner proportional to the Territories' populations, as reflected in the decennial census issued by the U.S. Census Bureau. (4) The amounts calculated under paragraphs (b)(2) and (b)(3) of this section will be totaled for each Territory. (5) The amounts calculated under paragraph (b)(4) of this section will be adjusted proportionally, based on population, to ensure that each Territory receives at least $350,000. (c) Border States. (1) Not more than 11 percent of the MCSAP funds may be allocated in accordance with this paragraph among Border States that maintain a border enforcement program. (2) The shares for each Border State will be calculated based on the number of CMV crossings at each United States port of entry, as determined by the Bureau of Transportation Statistics, with each Border State receiving: (i) 1 share per 25,000 annual CMV crossings at each United States port of entry on the Mexican border, with a minimum of 8 shares for each port of entry; or (ii) 1 share per 200,000 annual CMV crossings at each United States port of entry on the Canadian border, with a minimum of 0.25 share for each port of entry with more than 1,000 annual CMV crossings. (3) The shares of all Border States calculated under paragraph (c)(2) of this section will be totaled. (4) Each individual Border State's shares calculated under paragraph (c… | ||||
| 49:49:5.1.1.2.4.3.1.1 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | C | Subpart C—MCSAP-Required Compatibility Review | § 350.301 Compatibility review: Purpose. | FHWA | The purpose of this subpart is to assist States receiving MCSAP funds to address compatibility (as defined in § 350.105), including the availability of variances or exemptions allowed under § 350.305 or § 350.307, to: (a) Promote adoption and enforcement of compatible laws, regulations, standards, and orders on CMV safety; (b) Provide for a continuous review of laws, regulations, standards, and orders on CMV safety; (c) Establish deadlines for States to achieve compatibility; and (d) Provide States with a process for requesting variances and exemptions for intrastate commerce. | ||||
| 49:49:5.1.1.2.4.3.1.2 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | C | Subpart C—MCSAP-Required Compatibility Review | § 350.303 Compatibility review: State responsibilities. | FHWA | (a) General. The Lead State Agency is responsible for reviewing and analyzing State laws, regulations, standards, and orders on CMV safety to ensure compatibility (as defined in § 350.105 of this part). (b) Compatibility deadline. As soon as practicable, but no later than 3 years after the effective date of any new addition or amendment to the FMCSRs or HMRs, the State must amend its laws, regulations, standards, and orders to ensure compatibility. (c) State adoption of a law, regulation, standard, or order on CMV safety. A State must submit to FMCSA a copy of any new or amended State law, regulation, standard, or order on CMV safety immediately after its enactment or issuance and with the State's next annual compatibility review. (d) Annual State compatibility review. (1) A State must conduct a review of its laws, regulations, standards, and orders on CMV safety, including those of its political subdivisions, for compatibility and report in the first year of the CVSP or annual update as part of its application for funding under § 350.209 each fiscal year. In conducting this compatibility review, the State must determine which of its laws, regulations, standards, and orders on CMV safety are identical to or have the same effect as, are in addition to or more stringent than, or are less stringent than the FMCSRs or are identical to the HMRs. (2) As applicable to interstate commerce not involving the movement of hazardous materials: (i) If a State satisfactorily demonstrates a law, regulation, standard, or order on CMV safety is identical to or has the same effect as the FMCSRs, the State provision is compatible and enforceable. (ii) If a State satisfactorily demonstrates a law, regulation, standard, or order on CMV safety that is in addition to or more stringent than the FMCSRs has a safety benefit, does not unreasonably frustrate the Federal goal of uniformity, and does not cause an unreasonable burden on interstate commerce when enforced, the State provision is compatible and enforceable. (iii) If… | ||||
| 49:49:5.1.1.2.4.3.1.3 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | C | Subpart C—MCSAP-Required Compatibility Review | § 350.305 Compatibility review: Allowable variances from the FMCSRs. | FHWA | [85 FR 37796, June 24, 2020, as amended at 89 FR 90618, Nov. 18, 2024] | The following variances are allowed for State laws and regulations applicable to intrastate commerce and are not subject to Federal jurisdiction: (a) General. (1) Except as otherwise provided in this section, a State may exempt a CMV from all or part of its laws or regulations applicable to intrastate commerce, if the gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight does not equal or exceed 11,801 kilograms (26,001 pounds). (2) A State may not exempt a CMV from laws or regulations under paragraph (a)(1) of this section if the vehicle: (i) Transports hazardous materials requiring a placard; or (ii) Is designed or used to transport 16 or more people, including the driver. (b) Non-permissible exemption—Type of business operation. (1) Subject to paragraph (b)(2) of this section and § 350.307, State laws and regulations applicable to intrastate commerce may not grant exemptions based on the type of transportation being performed ( e.g., for-hire carrier, private carrier). (2) A State may retain those exemptions from its motor carrier safety laws and regulations that were in effect before April 1988, are still in effect, and apply to specific industries operating in intrastate commerce, provided the scope of the original exemption has not been amended. (c) Non-permissible exemption—Distance. (1) Subject to paragraph (c)(2) of this section, State laws and regulations applicable to intrastate commerce must not include exemptions based on the distance a motor carrier or driver operates from the work reporting location. (2) Paragraph (c)(1) of this section does not apply to distance exemptions contained in the FMCSRs. (d) Hours of service. State hours-of-service limitations applied to intrastate transportation may vary to the extent that they allow: (1) A 12-hour driving limit, provided that a driver of a CMV is not permitted to drive after having been on duty more than 16 hours; (2) Driving prohibitions for drivers who have been on duty 70 … | |||
| 49:49:5.1.1.2.4.3.1.4 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | C | Subpart C—MCSAP-Required Compatibility Review | § 350.307 Compatibility review: Procedures for obtaining a new exemption. | FHWA | FMCSA will only consider a State's request to exempt a specific industry from all or part of a State's laws or regulations applicable to intrastate commerce if the State submits adequate documentation containing information allowing FMCSA to evaluate: (a) The type and scope of the industry exemption request, including the percentage of the industry it affects, number of vehicles, mileage traveled, and number of companies it involves; (b) The type and scope of the requirement to which the exemption would apply; (c) The safety performance of that specific industry ( e.g., crash frequency, rates, and comparative figures); (d) Inspection information ( e.g., number of violations per inspection, and driver and vehicle out-of-service information); (e) Other CMV safety regulations enforced by other State agencies not participating in MCSAP; (f) The commodity the industry transports ( e.g., livestock or grain); (g) Similar exemptions granted and the circumstances under which they were granted; (h) The justification for the exemption; and (i) Any identifiable effects on safety. | ||||
| 49:49:5.1.1.2.4.3.1.5 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | C | Subpart C—MCSAP-Required Compatibility Review | § 350.309 Compatibility review: Consequences of incompatible provisions. | FHWA | (a) General. To remain eligible for MCSAP funding, a State may not have in effect or enforce any State law, regulation, standard, or order on CMV safety that the Administrator finds is not compatible (as defined in § 350.105). (b) Process. FMCSA may initiate a proceeding to withdraw the current CVSP approval or withhold MCSAP funds in accordance with § 350.231 if: (1) A State enacts a law, regulation, standard, or order on CMV safety that is not compatible; (2) A State fails to adopt a new or amended FMCSR or HMR within 3 years of its effective date; or (3) FMCSA finds, based on its own initiative or on a petition of a State or any person, that a State law, regulation, standard, order, or enforcement practice on CMV safety, in either interstate or intrastate commerce, is not compatible. (c) Hazardous materials. Any decision regarding the compatibility of a State law, regulation, standard, or order on CMV safety with the HMRs that requires an interpretation will be referred to the Pipeline and Hazardous Materials Safety Administration of the United States Department of Transportation before proceeding under § 350.231. | ||||
| 49:49:5.1.1.2.4.4.1.1 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.401 High Priority Program: Purpose. | FHWA | The High Priority Program is a competitive financial assistance program available to States, local governments, Federally-recognized Indian Tribes, other political jurisdictions, and other persons to carry out high priority activities and projects that augment motor carrier safety activities and projects. The High Priority Program also promotes the deployment and use of innovative technology by States for CMV information systems and networks. Under this program, the Administrator may make competitive grants to and enter into cooperative agreements with eligible entities to carry out high priority activities and projects that augment motor carrier safety activities and projects. The Administrator also may award grants to States for projects planned in accordance with the Innovative Technology Deployment Program. | ||||
| 49:49:5.1.1.2.4.4.1.2 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.403 High Priority Program: Objectives. | FHWA | [85 FR 37796, June 24, 2020, as amended at 87 FR 59035, Sept. 29, 2022] | FMCSA may use the High Priority Program funds to support, enrich, or evaluate CMV safety programs and to: (a) Target unsafe driving of CMVs and non-CMVs in areas identified as high-risk crash corridors; (b) Improve the safe and secure movement of hazardous materials; (c) Improve safe transportation of goods and passengers in foreign commerce; (d) Demonstrate new technologies to improve CMV safety; (e) Support participation in PRISM by Lead State Agencies: (1) Before October 1, 2020, to achieve full participation in PRISM; and (2) Beginning on October 1, 2020, or once full participation in PRISM is achieved, whichever is sooner, to conduct special initiatives or projects that exceed routine operations for participation; (f) Support participation in PRISM by entities other than Lead State Agencies; (g) Support safety data improvement projects conducted by: (1) Lead State Agencies for projects that exceed MCSAP safety data requirements; or (2) Entities other than Lead State Agencies for projects that meet or exceed MCSAP safety data requirements; (h) Advance the technological capability and promote the Innovative Technology Deployment of intelligent transportation system applications for CMV operations by States, including technology to detect, and enforce actions taken as a result of, criminal activity (including human trafficking) in a CMV or by any occupant of a CMV, including the operator; (i) Increase public awareness and education on CMV safety; (j) Support the recognition, prevention, and reporting of human trafficking in a CMV or by any occupant of a CMV, including the operator, and enforce laws relating to human trafficking; or (k) Otherwise improve CMV safety. | |||
| 49:49:5.1.1.2.4.4.1.3 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.405 High Priority Program: Funding conditions and qualifications. | FHWA | [85 FR 37796, June 24, 2020, as amended at 87 FR 59035, Sept. 29, 2022] | (a) Motor carrier safety activities. To qualify for High Priority Program funds related to motor carrier safety activities under § 350.403 paragraphs (a) through (g), and (i) through (k): (1) States must: (i) Participate in MCSAP under subpart B of this part; and (ii) Prepare a proposal that is responsive to the High Priority Program Notice of Funding Opportunity (NOFO). (2) Applicants other than States must, to the extent applicable: (i) Prepare a proposal that is responsive to the NOFO; (ii) Except for Federally-recognized Indian Tribes, coordinate the proposal with the Lead State Agency to ensure the proposal is consistent with State and national CMV safety program priorities; (iii) Certify that the applicant has the legal authority, resources, and trained and qualified personnel necessary to perform the functions specified in the proposal; (iv) Designate an individual who will be responsible for implementing, reporting, and administering the approved proposal and who will be the primary contact for the project; (v) Agree to prepare and submit all reports required in connection with the proposal or other conditions of the grant or cooperative agreement; (vi) Agree to use the forms and reporting criteria required by the Lead State Agency or FMCSA to record work activities to be performed under the proposal; (vii) Certify that a political jurisdiction will impose sanctions for violations of CMV and driver laws and regulations that are consistent with those of the State; and (viii) Certify participation in national databases appropriate to the project. (b) Innovative Technology Deployment activities. To qualify for High Priority Program funds for Innovative Technology Deployment activities under § 350.403(h), States must: (1) Prepare a proposal that is responsive to the NOFO; (2) Have a CMV information systems and networks program plan approved by the Administrator that describes the various systems and networks at the State level that need to be refined, revised, upgraded, or built to accompli… | |||
| 49:49:5.1.1.2.4.4.1.4 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.407 High Priority Program: Application procedures. | FHWA | FMCSA publishes application instructions and criteria for eligible activities to be funded under this subpart in a NOFO at least 30 days before the financial assistance program application period closes. Entities must submit the application by the date prescribed in the NOFO. | ||||
| 49:49:5.1.1.2.4.4.1.5 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.409 High Priority Program: Responses to applications. | FHWA | (a) Approval. If FMCSA awards a grant or cooperative agreement, the applicant will receive a grant agreement to execute. (b) Denial. If FMCSA denies the grant or cooperative agreement, the applicant will receive a notice of denial. | ||||
| 49:49:5.1.1.2.4.4.1.6 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.411 High Priority Program: Availability of funds. | FHWA | [85 FR 37796, June 24, 2020, as amended at 87 FR 59035, Sept. 29, 2022] | (a) Motor carrier safety activities. High Priority Program funds related to motor carrier safety activities under § 350.403(a) through (g), and (i) through (k) obligated to a recipient are available for the rest of the fiscal year in which the funds are obligated and the next 2 full fiscal years. (b) Innovative Technology Deployment activities. High Priority Program funds for Innovative Technology Deployment activities under § 350.403(h) obligated to a State are available for the rest of the fiscal year in which the funds were obligated and the next 4 full fiscal years. | |||
| 49:49:5.1.1.2.4.4.1.7 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.413 High Priority Program: Federal and recipient shares of costs. | FHWA | (a) Federal share. FMCSA will reimburse at least 85 percent of the eligible costs incurred under the High Priority Program. (b) Match. In-kind contributions are acceptable in meeting the recipient's matching share under the High Priority Program if they represent eligible costs, as established by 2 CFR parts 200 and 1201 and FMCSA in the NOFO. (c) Waiver. The Administrator reserves the right to reduce or waive the recipient's matching share in any fiscal year: (1) As announced in the NOFO; or (2) As determined by the Administrator on a case-by-case basis. | ||||
| 49:49:5.1.1.2.4.4.1.8 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.415 High Priority Program: Activities and projects eligible for reimbursement. | FHWA | Activities that fulfill the objectives in § 350.403 are eligible for reimbursement under the High Priority Program. | ||||
| 49:49:5.1.1.2.4.4.1.9 | 49 | Transportation | III | B | 350 | PART 350—MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH PRIORITY PROGRAM | D | Subpart D—High Priority Program | § 350.417 High Priority Program: Costs eligible for reimbursement. | FHWA | (a) Costs eligible for reimbursement. All costs relating to activities eligible for reimbursement must be necessary, reasonable, allocable, and allowable under this subpart and 2 CFR parts 200 and 1201. The eligibility of specific costs for reimbursement is addressed in the NOFO and is subject to review and approval by FMCSA. (b) Ineligible costs. High Priority Program funds may not be used for the: (1) Acquisition of real property or buildings; or (2) Development, implementation, or maintenance of a State registry of medical examiners. | ||||
| 9:9:2.0.2.1.30.0.7.1 | 9 | Animals and Animal Products | III | A | 350 | PART 350—SPECIAL SERVICES RELATING TO MEAT AND OTHER PRODUCTS | § 350.1 Meaning of words. | FSIS | Words used in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. | ||||||
| 9:9:2.0.2.1.30.0.7.2 | 9 | Animals and Animal Products | III | A | 350 | PART 350—SPECIAL SERVICES RELATING TO MEAT AND OTHER PRODUCTS | § 350.2 Definitions. | FSIS | [23 FR 9982, Dec. 23, 1958, as amended at 25 FR 9642, Oct. 7, 1960; 30 FR 258, Jan. 9, 1965. Redesignated and amended at 30 FR 4195, Mar. 31, 1965; 32 FR 6021, Apr. 15, 1967; 32 FR 13115, Sept. 15, 1967. Further redesignated at 35 FR 15554, Oct. 3, 1970, and amended at 43 FR 11147, Mar. 17, 1978; 54 FR 1329, Jan. 13, 1989] | For the purposes of the regulations in this part, unless the context otherwise requires, the following terms shall be construed, respectively, to mean: (a) Department. The United States Department of Agriculture. (b) Service. The Food Safety and Inspection Service of the Department. (c) Administrator. The Administrator of the Service or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. (d) [Reserved] (e) Inspector. Any officer or employee of the Department authorized to perform any duties under the regulations in this part. (f) Person. Any individual, corporation, company, association, firm, partnership, society, or joint stock company, or other organized group of any of the foregoing. (g) Federally inspected and passed. Inspected and passed under the Meat Inspection Act, as amended (21 U.S.C. 71 et seq. ) or under the provisions in paragraphs 306 (b) and (c) of the Tariff Act of 1930 (19 U.S.C. 1306 (b) and (c)). (h) Official establishment. An establishment operated under Federal meat inspection pursuant to the Meat Inspection Act, as amended (21 U.S.C. 71 et seq. ). (i) Food article. Any article of human food derived wholly or in part from meat, meat byproducts, or meat food products, which is not subject to the Federal meat inspection laws, and animal casings, for which the mark of Federal meat inspection is requested: Provided, That such articles and casings are derived from federally inspected and passed carcasses. (j) [Reserved] (k) Secretary. The Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or may hereafter be delegated, to act in his stead in connection with the function involved. | |||||
| 9:9:2.0.2.1.30.0.7.3 | 9 | Animals and Animal Products | III | A | 350 | PART 350—SPECIAL SERVICES RELATING TO MEAT AND OTHER PRODUCTS | § 350.3 Types and availability of service. | FSIS | [25 FR 9642, Oct. 7, 1960, as amended at 30 FR 258, Jan. 9, 1965. Redesignated at 30 FR 4195, Mar. 31, 1965, and amended at 30 FR 8675, July 9, 1965. Further redesignated at 35 FR 15554, Oct. 3, 1970, and amended at 38 FR 29215, Oct. 23, 1973; 53 FR 28634, July 29, 1988; 54 FR 1329, Jan. 13, 1989; 64 FR 56416, Oct. 20, 1999; 65 FR 2284, Jan. 14, 2000] | Upon application in accordance with § 350.5 the following types of service may be furnished under the regulations in this part: (a) Identification service. (1) Meat or other product that is federally inspected and passed at an official establishment, or upon importation, under the meat inspection laws, is officially marked to identify it as federally inspected and passed. In order to facilitate the division of such meat or other product into smaller portions or its combination into larger units and still maintain its identity as product which has been federally inspected and passed and so marked, inspectors may supervise the handling of the product and mark such portions or units with the marks of Federal inspection when they determine that the identity has been maintained. (2) At the time service is furnished product must be sound, wholesome and fit for human food. The service will be available only on premises other than those of an official establishment. The sanitation of the plant or area where service is furnished must comply with applicable provisions of part 416, §§ 416.1 through 416.6 of this chapter. (3) The mark of inspection shall be applied only under the immediate supervision of an inspector. (4) The service will be available for products moved in tank cars and tank trucks from an official establishment or from a location operating under this service only if such tank cars or tank trucks bear a label before leaving such official establishment or such other location, in accordance with 9 CFR §§ 316.14 and 317.2. (b) Certification service. At the request of a purchaser, supplier, exporter, or others, inspectors may make certification regarding livestock products for human food purposes (including casings), to be exported, as meeting conditions or standards that are not imposed or are in addition to those imposed by the regulations in parts 301 through 331 of this chapter and the laws under which such regulations were issued. (c) Food inspection service. An inspection and certification serv… | |||||
| 9:9:2.0.2.1.30.0.7.4 | 9 | Animals and Animal Products | III | A | 350 | PART 350—SPECIAL SERVICES RELATING TO MEAT AND OTHER PRODUCTS | § 350.4 [Reserved] | FSIS | |||||||
| 9:9:2.0.2.1.30.0.7.5 | 9 | Animals and Animal Products | III | A | 350 | PART 350—SPECIAL SERVICES RELATING TO MEAT AND OTHER PRODUCTS | § 350.5 Application for service. | FSIS | [23 FR 9982, Dec. 23, 1958. Redesignated at 30 FR 4195, Mar. 31, 1965, and at 35 FR 15554, Oct. 3, 1970, and amended at 47 FR 746, Jan. 7, 1982] | Any person who desires to receive service under the regulations in this part for meat or other product eligible therefor under such regulations may make application for service to the Administrator, upon an application form which will be furnished by the Administrator upon request. | |||||
| 9:9:2.0.2.1.30.0.7.6 | 9 | Animals and Animal Products | III | A | 350 | PART 350—SPECIAL SERVICES RELATING TO MEAT AND OTHER PRODUCTS | § 350.6 Denial or withdrawal of service. | FSIS | [23 FR 9982, Dec. 23, 1958; 25 FR 9642, Oct. 7, 1960. Redesignated at 30 FR 4195, Mar. 31, 1965, and 35 FR 15554, Oct. 3, 1970, and amended at 43 FR 11147, Mar. 17, 1978] | (a) If any person has applied for service for meat or other product not eligible therefor under the regulations in this part, or has failed to make proper application for service or to pay fees and charges due for service furnished or to be furnished to him under the regulations in this part, or if the service cannot be furnished to any person applying therefor because of lack of available inspectors or other administrative reasons, the service may be denied to such person by the Administrator until the condition justifying such denial is corrected. (b) Service under the regulations in this part may also be denied to any person by the Secretary for such period as he may deem proper, if it is determined, after opportunity for hearing before a proper official in the Department, that such person has been responsible for any willful misrepresentation to the Department concerning any meat or other product for which service has been requested under the regulations, in this part, or that such person has been responsible for the use without authority, or the imitation, of any marks or certificates of Federal meat inspection on or with respect to any meat or other product, or has otherwise been responsible for any fraudulent or deceptive practice with respect to such service, or that such person has interfered with or obstructed any inspector in the performance of his duties under the regulations in this part, or attempted to do so. When the Administrator determines that the public interest so requires, he may deny or withdraw service provided for in this part, without a hearing, pending final determination of the matter. The applicant or recipient of service involved shall be notified of the Administrator's decision to deny or suspend service and the reasons therefor, in writing, in the manner prescribed in § 1.147(b) of the rules of practice (7 CFR 1.147(b)), or orally. The Administrator's decision to deny or suspend the service shall be effective upon such oral or written notification, whichever is earlier, to the app… |
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section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);