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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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| 34:34:2.1.1.1.12.1.137.1 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | A | Subpart A—General | § 370.1 What is the Client Assistance Program (CAP)? | ED | The purpose of this program is to establish and carry out CAPs that— (a) Advise and inform clients and client-applicants of all services and benefits available to them through programs authorized under the Rehabilitation Act of 1973, as amended (Act), including activities carried out under sections 113 and 511; (b) Assist and advocate for clients and client-applicants in their relationships with projects, programs, and community rehabilitation programs providing services under the Act; and (c) Inform individuals with disabilities in the State, especially individuals with disabilities who have traditionally been unserved or underserved by vocational rehabilitation programs, of the services and benefits available to them under the Act and under title I of the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. 12111 et seq. ). | |||||
| 34:34:2.1.1.1.12.1.137.2 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | A | Subpart A—General | § 370.2 Who is eligible for an award? | ED | (a)(1) Any State, through its Governor, and the protection and advocacy system serving the American Indian Consortium are eligible for an award under this part if the State or eligible protection and advocacy system submits, and receives approval of, an application in accordance with § 370.20. (2) For purposes of this part, the terms— (i) “American Indian Consortium” has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (DD Act) (42 U.S.C. 15002); and (ii) “Protection and advocacy system” means a protection and advocacy system established under subtitle C of title I of the DD Act (42 U.S.C. 15041 et seq. ). (b) Notwithstanding the protection and advocacy system serving the American Indian Consortium, the Governor of each State shall designate a public or private agency to conduct the State's CAP under this part. (c) Except as provided in paragraph (d) of this section, the Governor shall designate an agency that is independent of any agency that provides treatment, services, or rehabilitation to individuals under the Act. (d) The Governor may, in the initial designation, designate an agency that provides treatment, services, or rehabilitation to individuals with disabilities under the Act if, at any time before February 22, 1984, there was an agency in the State that both— (1) Was a grantee under section 112 of the Act by serving as a client assistance agency and directly carrying out a CAP; and (2) Was, at the same time, a grantee under any other provision of the Act. (e) An agency designated by the Governor of a State to conduct the State's CAP or the protection and advocacy system serving the American Indian Consortium under this part may not make a subaward to or enter into a contract with an agency that provides services under this Act either to carry out the CAP or to provide services under the CAP. (f) A designated agency, including the protection and advocacy system serving the American Indian Consortium, that contracts to provi… | |||||
| 34:34:2.1.1.1.12.1.137.3 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | A | Subpart A—General | § 370.3 Who is eligible for services and information under the CAP? | ED | (a) Any client or client-applicant is eligible for the services described in § 370.4. (b) Any individual with a disability is eligible to receive information on the services and benefits available to individuals with disabilities under the Act and title I of the ADA. | |||||
| 34:34:2.1.1.1.12.1.137.4 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | A | Subpart A—General | § 370.4 What kinds of activities may the Secretary fund? | ED | (a) Funds made available under this part must be used for activities consistent with the purposes of this program, including— (1) Advising and informing clients, client-applicants, and individuals with disabilities in the State, especially individuals with disabilities who have traditionally been unserved or underserved by vocational rehabilitation programs, of— (i) All services and benefits available to them through programs authorized under the Act; and (ii) Their rights in connection with those services and benefits; (2) Informing individuals with disabilities in the State, especially individuals with disabilities who have traditionally been unserved or underserved by vocational rehabilitation programs, of the services and benefits available to them under title I of the ADA; (3) Upon the request of the client or client-applicant, assisting and advocating on behalf of the client or client-applicant in his or her relationship with projects, programs, and community rehabilitation programs that provide services under the Act by engaging in individual or systemic advocacy and pursuing, or assisting and advocating on behalf of the client or client-applicant to pursue, legal, administrative, and other available remedies, if necessary— (i) To ensure the protection of the rights of a client or client-applicant under the Act; and (ii) To facilitate access by individuals with disabilities, including students and youth with disabilities who are making the transition from school programs, to services funded under the Act; and (4) Providing information to the public concerning the CAP. (b) In providing assistance and advocacy services under this part with respect to services under title I of the Act, a designated agency may provide assistance and advocacy services to a client or client-applicant to facilitate the individual's employment, including assistance and advocacy services with respect to the individual's claims under title I of the ADA, if those claims under title I of the ADA are directly related to servic… | |||||
| 34:34:2.1.1.1.12.1.137.5 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | A | Subpart A—General | § 370.5 What regulations apply? | ED | The following regulations apply to the expenditure of funds and the administration of the program under this part: (a) The Education Department General Administrative Regulations (EDGAR) as follows: (1) 34 CFR part 75 (Direct Grant Programs) for purposes of an award made under § 370.30(d)(1) when the CAP appropriation equals or exceeds $14,000,000. (2) 34 CFR part 76 (State-Administered Programs) applies to the State and, if the designated agency is a State or local government agency, to the designated agency, except for— (i) Section 76.103; (ii) Sections 76.125 through 76.137; (iii) Sections 76.300 through 76.401; (iv) Section 76.708; (v) Section 76.734; and (vi) Section 76.740. (3) 34 CFR part 77 (Definitions That Apply to Department Regulations). (4) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities). (5) 34 CFR part 81 (General Education Provisions Act—Enforcement) applies to both the State and the designated agency, whether or not the designated agency is the actual recipient of the CAP grant. As the entity that eventually, if not directly, receives the CAP grant funds, the designated agency is considered a recipient for purposes of Part 81. (6) 34 CFR part 82 (New Restrictions on Lobbying). (b) Other regulations as follows: (1) 2 CFR part 180 (OMB Guidelines to Agencies on Debarment and Suspension (Nonprocurement)), as adopted at 2 CFR part 3485. (2) 2 CFR part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), as adopted at 2 CFR part 3474. (c) The regulations in this part 370. Any funds made available to a State under this program that are transferred by a State to a designated agency do not make a subaward as that term is defined in 2 CFR 200.330. The designated agency is not, therefore, in these circumstances a subrecipient, as that term is defined in 2 CFR 200.330. | |||||
| 34:34:2.1.1.1.12.1.137.6 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | A | Subpart A—General | § 370.6 What definitions apply? | ED | (a) Definitions in EDGAR at 34 CFR part 77. (b) Definitions in 2 CFR part 200, subpart A. (c) Other definitions. The following definitions also apply to this part: Act means the Rehabilitation Act of 1973, as amended. Advocacy means pleading an individual's cause or speaking or writing in support of an individual. Advocacy may be formal, as in the case of a lawyer representing an individual in a court of law or in formal administrative proceedings before government agencies (whether tribal, State, local, or Federal). Advocacy also may be informal, as in the case of a lawyer or non-lawyer representing an individual in negotiations, mediation, or informal administrative proceedings before government agencies (whether tribal, State, local, or Federal), or as in the case of a lawyer or non-lawyer representing an individual's cause before private entities or organizations, or government agencies (whether tribal, State, local, or Federal). Advocacy may be on behalf of— (1) A single individual, in which case it is individual advocacy; (2) More than one individual or a group of individuals, in which case it is systems (or systemic) advocacy, but systems or systemic advocacy, for the purposes of this part, does not include class actions, or (3) Oneself, in which case it is self advocacy. American Indian Consortium means that entity described in § 370.2(a). Class action means a formal legal suit on behalf of a group or class of individuals filed in a Federal or State court that meets the requirements for a “class action” under Federal or State law. “Systems (or systemic) advocacy” that does not include filing a formal class action in a Federal or State court is not considered a class action for purposes of this part. Client or client-applicant means an individual receiving or seeking services under the Act, respectively. Designated agency means the agency designated by the Governor under § 370.2 or the protection and advocacy system serving the American Indian Consortium that is conducting a CAP under this… | |||||
| 34:34:2.1.1.1.12.1.137.7 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | A | Subpart A—General | § 370.7 What shall the designated agency do to make its services accessible? | ED | The designated agency shall provide, as appropriate, the CAP services described in § 370.4 in formats that are accessible to clients or client-applicants who seek or receive CAP services. | |||||
| 34:34:2.1.1.1.12.2.137.1 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | B | Subpart B—What Requirements Apply to Redesignation? | § 370.10 When do the requirements for redesignation apply? | ED | (a) The Governor shall redesignate the designated agency for carrying out the CAP to an agency that is independent of any agency that provides treatment, services, or rehabilitation to individuals under the Act if, after August 7, 1998— (1) The designated State agency undergoes any change in the organizational structure of the agency that results in one or more new State agencies or departments, or results in the merger with one or more other State agencies or departments, and (2) The designated State agency contains an office or unit conducting the CAP. (3) For purposes of paragraph (a) of this section, the designated State agency has the meaning given to that term at 34 CFR 361.5(c)(12) and described at 34 CFR 361.13. (b) The Governor may not redesignate the agency designated pursuant to section 112(c) of the Act and § 370.2(b) without good cause and without complying with the requirements of §§ 370.10 through 370.17. (c) For purposes of §§ 370.10 through 370.17, a “redesignation of” or “to redesignate” a designated agency means any change in or transfer of the designation of an agency previously designated by the Governor to conduct the State's CAP to a new or different agency, unit, or organization, including— (1) A decision by a designated agency to cancel its existing contract with another entity with which it has previously contracted to carry out and operate all or part of its responsibilities under the CAP (including providing advisory, assistance, or advocacy services to eligible clients and client-applicants); or (2) A decision by a designated agency not to renew its existing contract with another entity with which it has previously contracted. Therefore, an agency that is carrying out a State's CAP under a contract with a designated agency is considered a designated agency for purposes of §§ 370.10 through 370.17. (d) For purposes of paragraph (b) of this section, a designated agency that does not renew a contract for CAP services because it is following State procurement laws that require con… | |||||
| 34:34:2.1.1.1.12.2.137.2 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | B | Subpart B—What Requirements Apply to Redesignation? | § 370.11 What requirements apply to a notice of proposed redesignation? | ED | (a) Prior to any redesignation of the agency that conducts the CAP, the Governor shall give written notice of the proposed redesignation to the designated agency, the State Rehabilitation Council (SRC), and the State Independent Living Council (SILC) and publish a public notice of the Governor's intention to redesignate. Both the notice to the designated agency, the SRC, and the SILC and the public notice must include, at a minimum, the following: (1) The Federal requirements for the CAP (section 112 of the Act). (2) The goals and function of the CAP. (3) The name of the current designated agency. (4) A description of the current CAP and how it is administered. (5) The reason or reasons for proposing the redesignation, including why the Governor believes good cause exists for the proposed redesignation. (6) The effective date of the proposed redesignation. (7) The name of the agency the Governor proposes to administer the CAP. (8) A description of the system that the redesignated ( i.e., new) agency would administer. (b) The notice to the designated agency must— (1) Be given at least 30 days in advance of the Governor's written decision to redesignate; and (2) Advise the designated agency that it has at least 30 days from receipt of the notice of proposed redesignation to respond to the Governor and that the response must be in writing. (c) The notice of proposed redesignation must be published in a place and manner that provides the SRC, the SILC, individuals with disabilities or their representatives, and the public with at least 30 days to submit oral or written comments to the Governor. (d) Following public notice, public hearings concerning the proposed redesignation must be conducted in an accessible format that provides individuals with disabilities or their representatives an opportunity for comment. The Governor shall maintain a written public record of these hearings. (e) The Governor shall fully consider any public comments before issuing a written decision to redesignate. | |||||
| 34:34:2.1.1.1.12.2.137.3 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | B | Subpart B—What Requirements Apply to Redesignation? | § 370.12 How does a designated agency preserve its right to appeal a redesignation? | ED | (a) To preserve its right to appeal a Governor's written decision to redesignate (see § 370.13), a designated agency must respond in writing to the Governor within 30 days after it receives the Governor's notice of proposed redesignation. (b) The designated agency shall send its response to the Governor by registered or certified mail, return receipt requested, or other means that provides a record that the Governor received the designated agency's response. | |||||
| 34:34:2.1.1.1.12.2.137.4 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | B | Subpart B—What Requirements Apply to Redesignation? | § 370.13 What are the requirements for a decision to redesignate? | ED | (a) If, after complying with the requirements of § 370.11, the Governor decides to redesignate the designated agency, the Governor shall provide to the designated agency a written decision to redesignate that includes the rationale for the redesignation. The Governor shall send the written decision to redesignate to the designated agency by registered or certified mail, return receipt requested, or other means that provides a record that the designated agency received the Governor's written decision to redesignate. (b) If the designated agency submitted to the Governor a timely response to the Governor's notice of proposed redesignation, the Governor shall inform the designated agency that it has at least 15 days from receipt of the Governor's written decision to redesignate to file a formal written appeal with the Secretary. | |||||
| 34:34:2.1.1.1.12.2.137.5 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | B | Subpart B—What Requirements Apply to Redesignation? | § 370.14 How does a designated agency appeal a written decision to redesignate? | ED | (a) A designated agency may appeal to the Secretary a Governor's written decision to redesignate only if the designated agency submitted to the Governor a timely written response to the Governor's notice of proposed redesignation in accordance with § 370.12. (b) To appeal to the Secretary a Governor's written decision to redesignate, a designated agency shall file a formal written appeal with the Secretary within 15 days after the designated agency's receipt of the Governor's written decision to redesignate. The date of filing of the designated agency's written appeal with the Secretary will be determined in a manner consistent with the requirements of 34 CFR 81.12. (c) If the designated agency files a written appeal with the Secretary, the designated agency shall send a separate copy of this appeal to the Governor by registered or certified mail, return receipt requested, or other means that provides a record that the Governor received a copy of the designated agency's appeal to the Secretary. (d) The designated agency's written appeal to the Secretary must state why the Governor has not met the burden of showing that good cause for the redesignation exists or has not met the procedural requirements under §§ 370.11 and 370.13. (e) The designated agency's written appeal must be accompanied by the designated agency's written response to the Governor's notice of proposed redesignation and may be accompanied by any other written submissions or documentation the designated agency wishes the Secretary to consider. (f) As part of its submissions under this section, the designated agency may request an informal meeting with the Secretary at which representatives of both parties will have an opportunity to present their views on the issues raised in the appeal. | |||||
| 34:34:2.1.1.1.12.2.137.6 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | B | Subpart B—What Requirements Apply to Redesignation? | § 370.15 What must the Governor of a State do upon receipt of a copy of a designated agency's written appeal to the Secretary? | ED | (a) If the designated agency files a formal written appeal in accordance with § 370.14, the Governor shall, within 15 days of receipt of the designated agency's appeal, submit to the Secretary copies of the following: (1) The written notice of proposed redesignation sent to the designated agency. (2) The public notice of proposed redesignation. (3) Transcripts of all public hearings held on the proposed redesignation. (4) Written comments received by the Governor in response to the public notice of proposed redesignation. (5) The Governor's written decision to redesignate, including the rationale for the decision. (6) Any other written documentation or submissions the Governor wishes the Secretary to consider. (7) Any other information requested by the Secretary. (b) As part of the submissions under this section, the Governor may request an informal meeting with the Secretary at which representatives of both parties will have an opportunity to present their views on the issues raised in the appeal. | |||||
| 34:34:2.1.1.1.12.2.137.7 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | B | Subpart B—What Requirements Apply to Redesignation? | § 370.16 How does the Secretary review an appeal of a redesignation? | ED | (a) If either party requests a meeting under § 370.14(f) or § 370.15(b), the meeting is to be held within 30 days of the submissions by the Governor under § 370.15, unless both parties agree to waive this requirement. The Secretary promptly notifies the parties of the date and place of the meeting. (b) Within 30 days of the informal meeting permitted under paragraph (a) of this section or, if neither party has requested an informal meeting, within 60 days of the submissions required from the Governor under § 370.15, the Secretary issues to the parties a final written decision on whether the redesignation was for good cause. (c) The Secretary reviews a Governor's decision based on the record submitted under §§ 370.14 and 370.15 and any other relevant submissions of other interested parties. The Secretary may affirm or, if the Secretary finds that the redesignation is not for good cause, remand for further findings or reverse a Governor's redesignation. (d) The Secretary sends copies of the decision to the parties by registered or certified mail, return receipt requested, or other means that provide a record of receipt by both parties. | |||||
| 34:34:2.1.1.1.12.2.137.8 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | B | Subpart B—What Requirements Apply to Redesignation? | § 370.17 When does a redesignation become effective? | ED | A redesignation does not take effect for at least 15 days following the designated agency's receipt of the Governor's written decision to redesignate or, if the designated agency appeals, for at least 5 days after the Secretary has affirmed the Governor's written decision to redesignate. | |||||
| 34:34:2.1.1.1.12.3.137.1 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | C | Subpart C—What are the Requirements for Requesting a Grant? | § 370.20 What must be included in a request for a grant? | ED | (a) Each State and the protection and advocacy system serving the American Indian Consortium seeking assistance under this part shall submit to the Secretary, in writing, at the time and in the manner determined by the Secretary to be appropriate, an application that includes, at a minimum— (1) The name of the designated agency; and (2) An assurance that the designated agency meets the independence requirement of section 112(c)(1)(A) of the Act and § 370.2(c), or that the State is exempted from that requirement under section 112(c)(1)(A) of the Act and § 370.2(d). (b)(1) Each State and the protection and advocacy system serving the American Indian Consortium also shall submit to the Secretary an assurance that the designated agency has the authority to pursue legal, administrative, and other appropriate remedies to ensure the protection of the rights of clients or client-applicants within the State or American Indian Consortium. (2) The authority to pursue remedies described in paragraph (b)(1) of this section must include the authority to pursue those remedies against the State vocational rehabilitation agency and other appropriate State agencies. The designated agency meets this requirement if it has the authority to pursue those remedies either on its own behalf or by obtaining necessary services, such as legal representation, from outside sources. (c) Each State and the protection and advocacy system serving the American Indian Consortium also shall submit to the Secretary assurances that— (1) All entities conducting, administering, operating, or carrying out programs within the State that provide services under the Act to individuals with disabilities in the State will advise all clients and client-applicants of the existence of the CAP, the services provided under the program, and how to contact the designated agency; (2) The designated agency will meet each of the requirements in this part; and (3) The designated agency will provide the Secretary with the annual report required by section 112(g)(4)… | |||||
| 34:34:2.1.1.1.12.4.137.1 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | D | Subpart D—How Does the Secretary Allocate and Reallocate Funds to a State? | § 370.30 How does the Secretary allocate funds? | ED | (a) After reserving funds required under paragraphs (c) and (d) of this section, the Secretary shall allot the remainder of the sums appropriated for each fiscal year under this section among the States on the basis of relative population of each State, except that no such entity shall receive less than $50,000. (b) The Secretary allocates $30,000 each, unless the provisions of section 112(e)(1)(D) of the Act are applicable, to American Samoa, Guam, the Virgin Islands, and the Commonwealth of Northern Mariana Islands. (c) The Secretary shall reserve funds, from the amount appropriated to carry out this part, to make a grant to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this part. The amount of the grant to the protection and advocacy system serving the American Indian Consortium shall be the same amount as is provided to a territory under paragraph (b) of this section. (d)(1) For any fiscal year for which the amount appropriated equals or exceeds $14,000,000, the Secretary may reserve not less than 1.8 percent and not more than 2.2 percent of such amount to provide a grant for training and technical assistance for the programs established under this part. (2) All training and technical assistance shall be coordinated with activities provided under 34 CFR 381.22. (3) The Secretary shall make a grant pursuant to paragraph (d)(1) of this section to an entity that has experience in or knowledge related to the provision of services authorized under this part. (4) An entity receiving a grant under paragraph (d)(1) of this section shall provide training and technical assistance to the designated agencies or entities carrying out the CAP to assist them in improving the provision of services authorized under this part and the administration of the program. (e)(1) Unless prohibited or otherwise provided by State or tribal law, regulation, or policy, the Secretary pays to the designated agency, from the State allotment under paragraph (a), (b), or … | |||||
| 34:34:2.1.1.1.12.4.137.2 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | D | Subpart D—How Does the Secretary Allocate and Reallocate Funds to a State? | § 370.31 How does the Secretary reallocate funds? | ED | (a) The Secretary reallocates funds in accordance with section 112(e)(2) of the Act. (b) A designated agency shall inform the Secretary at least 45 days before the end of the fiscal year for which CAP funds were received whether the designated agency is making available for reallotment any of those CAP funds that it will be unable to obligate in that fiscal year or the succeeding fiscal year. | |||||
| 34:34:2.1.1.1.12.5.137.1 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | E | Subpart E—What Post-Award Conditions Must Be Met by a Designated Agency? | § 370.40 What are allowable costs? | ED | (a) The designated agency, including the eligible protection and advocacy system serving the American Indian Consortium, shall apply the regulations at 2 CFR part 200. (b) Consistent with the program activities listed in § 370.4, the cost of travel in connection with the provision to a client or client-applicant of assistance under this program is allowable, in accordance with 2 CFR part 200. The cost of travel includes the cost of travel for an attendant if the attendant must accompany the client or client-applicant. (c)(1) The State and the designated agency are accountable, both jointly and severally, to the Secretary for the proper use of funds made available under this part. However, the Secretary may choose to recover funds under the procedures in 34 CFR part 81 from either the State or the designated agency, or both, depending on the circumstances of each case. (2) For purposes of the grant made under this part to the protection and advocacy system serving the American Indian Consortium, such entity will be solely accountable to the Secretary for the proper use of funds made available under this part. If the Secretary determines it necessary, the Secretary may recover funds from the protection and advocacy system serving the American Indian Consortium pursuant to the procedures in 34 CFR part 81. | |||||
| 34:34:2.1.1.1.12.5.137.10 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | E | Subpart E—What Post-Award Conditions Must Be Met by a Designated Agency? | § 370.49 What are the special requirements pertaining to the protection, use, and release of personal information? | ED | (a) All personal information about individuals served by any designated agency under this part, including lists of names, addresses, photographs, and records of evaluation, must be held strictly confidential. (b) The designated agency's use of information and records concerning individuals must be limited only to purposes directly connected with the CAP, including program evaluation activities. Except as provided in paragraphs (c) and (e) of this section, this information may not be disclosed, directly or indirectly, other than in the administration of the CAP, unless the consent of the individual to whom the information applies, or his or her parent, legal guardian, or other legally authorized representative or advocate (including the individual's advocate from the designated agency), has been obtained in writing. A designated agency may not produce any report, evaluation, or study that reveals any personally identifying information without the written consent of the individual or his or her representative. (c) Except as limited in paragraphs (d) and (e) of this section, the Secretary or other Federal or State officials responsible for enforcing legal requirements are to have complete access to all— (1) Records of the designated agency that receives funds under this program; and (2) All individual case records of clients served under this part without the consent of the client. (d) For purposes of conducting any periodic audit, preparing or producing any report, or conducting any evaluation of the performance of the CAP established or assisted under this part, the Secretary does not require the designated agency to disclose the identity of, or any other personally identifiable information related to, any individual requesting assistance under the CAP. (e) Notwithstanding paragraph (d) of this section and consistent with paragraph (f) of this section, a designated agency shall disclose to the Secretary, if the Secretary so requests, the identity of, or any other personally identifiable information ( i.e., … | |||||
| 34:34:2.1.1.1.12.5.137.2 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | E | Subpart E—What Post-Award Conditions Must Be Met by a Designated Agency? | § 370.41 What conflict of interest provision applies to employees of a designated agency? | ED | (a) Except as permitted by paragraph (b) of this section, an employee of a designated agency, or of an entity or individual under contract with a designated agency, who carries out any CAP duties or responsibilities, while so employed, may not— (1) Serve concurrently as a staff member of, consultant to, or in any other capacity within, any other rehabilitation project, program, or community rehabilitation program receiving assistance under the Act in the State; or (2) Provide any services under the Act, other than CAP and PAIR services. (b) An employee of a designated agency under contract with a designated agency, may— (1) Receive a traineeship under section 302 of the Act; (2) Provide services under the PAIR program; (3) Represent the CAP on any board or council (such as the SRC) if CAP representation on the board or council is specifically permitted or mandated by the Act; and (4) Consult with policymaking and administrative personnel in State and local rehabilitation programs, projects, and community rehabilitation programs, if consultation with the designated agency is specifically permitted or mandated by the Act. | |||||
| 34:34:2.1.1.1.12.5.137.3 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | E | Subpart E—What Post-Award Conditions Must Be Met by a Designated Agency? | § 370.42 What access must the CAP be afforded to policymaking and administrative personnel? | ED | The CAP must be afforded reasonable access to policymaking and administrative personnel in State and local rehabilitation programs, projects, and community rehabilitation programs. One way in which the CAP may be provided that access would be to include the director of the designated agency among the individuals to be consulted on matters of general policy development and implementation, as required by section 101(a)(16) of the Act. | |||||
| 34:34:2.1.1.1.12.5.137.4 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | E | Subpart E—What Post-Award Conditions Must Be Met by a Designated Agency? | § 370.43 What requirement applies to the use of mediation procedures? | ED | (a) Each designated agency shall implement procedures designed to ensure that, to the maximum extent possible, good faith negotiations and mediation procedures are used before resorting to formal administrative or legal remedies. In designing these procedures, the designated agency may take into account its level of resources. (b) For purposes of this section, mediation may involve the use of professional mediators, other independent third parties mutually agreed to by the parties to the dispute, or an employee of the designated agency who— (1) Is not assigned to advocate for or otherwise represent or is not involved with advocating for or otherwise representing the client or client-applicant who is a party to the mediation; and (2) Has not previously advocated for or otherwise represented or been involved with advocating for or otherwise representing that same client or client-applicant. | |||||
| 34:34:2.1.1.1.12.5.137.5 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | E | Subpart E—What Post-Award Conditions Must Be Met by a Designated Agency? | § 370.44 What reporting requirement applies to each designated agency? | ED | In addition to the program and fiscal reporting requirements in 34 CFR 76.720 and 2 CFR 200.327 that are applicable to this program, each designated agency shall submit to the Secretary, no later than 90 days after the end of each fiscal year, an annual report on the operation of its CAP during the previous year, including a summary of the work done and the uniform statistical tabulation of all cases handled by the program. The annual report must contain information on— (a) The number of requests received by the designated agency for information on services and benefits under the Act and title I of the ADA; (b) The number of referrals to other agencies made by the designated agency and the reason or reasons for those referrals; (c) The number of requests for advocacy services received by the designated agency from clients or client-applicants; (d) The number of requests for advocacy services from clients or client-applicants that the designated agency was unable to serve; (e) The reasons that the designated agency was unable to serve all of the requests for advocacy services from clients or client-applicants; and (f) Any other information that the Secretary may require. | |||||
| 34:34:2.1.1.1.12.5.137.6 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | E | Subpart E—What Post-Award Conditions Must Be Met by a Designated Agency? | § 370.45 What limitation applies to the pursuit of legal remedies? | ED | A designated agency may not bring any class action in carrying out its responsibilities under this part. | |||||
| 34:34:2.1.1.1.12.5.137.7 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | E | Subpart E—What Post-Award Conditions Must Be Met by a Designated Agency? | § 370.46 What consultation requirement applies to a Governor of a State? | ED | In designating a client assistance agency under § 370.2, redesignating a client assistance agency under § 370.10, and carrying out the other provisions of this part, the Governor shall consult with the director of the State vocational rehabilitation agency (or, in States with both a general agency and an agency for the blind, the directors of both agencies), the head of the developmental disability protection and advocacy agency, and representatives of professional and consumer organizations serving individuals with disabilities in the State. | |||||
| 34:34:2.1.1.1.12.5.137.8 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | E | Subpart E—What Post-Award Conditions Must Be Met by a Designated Agency? | § 370.47 What is program income and how may it be used? | ED | (a) Definition. (1) Consistent with 2 CFR 200.80 and for purposes of this part, program income means gross income earned by the designated agency that is directly generated by an activity supported under this part. (2) Funds received through the transfer of Social Security Administration payments from the designated State unit, as defined in 34 CFR 361.5(c)(13), in accordance with 34 CFR 361.63(c)(2) will be treated as program income received under this part. (b) Use of program income. (1) Program income, whenever earned or received, must be used for the provision of services authorized under § 370.4. (2)(i) The designated agency must use program income to supplement Federal funds that support program activities that are subject to this part. See, for example 2 CFR 200.307(e)(2). (ii) Notwithstanding 2 CFR 200.305(a) and consistent with 2 CFR 200.305(b)(5), and to the extent that program income funds are available, a designated agency, regardless of whether it is a State agency, must disburse those funds (including repayments to a revolving fund), rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional funds from the Department. | |||||
| 34:34:2.1.1.1.12.5.137.9 | 34 | Education | III | 370 | PART 370—CLIENT ASSISTANCE PROGRAM | E | Subpart E—What Post-Award Conditions Must Be Met by a Designated Agency? | § 370.48 When must grant funds and program income be obligated? | ED | Any Federal funds, including reallotted funds, that are appropriated for a fiscal year to carry out the activities under this part that are not obligated or expended by the designated agency prior to the beginning of the succeeding fiscal year, and any program income received during a fiscal year that is not obligated or expended by the designated agency prior to the beginning of the succeeding fiscal year in which the program income was received, remain available for obligation and expenditure by the designated agency during that succeeding fiscal year in accordance with section 19 of the Act. | |||||
| 40:40:30.0.1.1.12.1.19.1 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | A | Subpart A—General Information | § 370.1 What is the purpose of this part? | EPA | [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] | (a) This part (40 CFR part 370) establishes reporting requirements for providing the public with important information on the hazardous chemicals in their communities. Reporting raises community awareness of chemical hazards and aids in the development of State and local emergency response plans. The reporting requirements established under this part consist of Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) reporting and inventory reporting. (b) This part is written in a special format to make it easier to understand the regulatory requirements. Like other Environmental Protection Agency (EPA) regulations, this part establishes enforceable legal requirements. Information considered non-binding guidance under EPCRA is indicated in this regulation by the word “note” and a smaller typeface. Such notes are provided for information purposes only and are not considered legally binding under this part. | |||
| 40:40:30.0.1.1.12.1.19.2 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | A | Subpart A—General Information | § 370.2 Who do “you,” “I,” and “your” refer to in this part? | EPA | Throughout this part, “you,” “I,” and “your” refer to the owner or operator of a facility. | ||||
| 40:40:30.0.1.1.12.1.19.3 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | A | Subpart A—General Information | § 370.3 Which section contains the definitions of the key words used in this part? | EPA | The definitions of key words used in this part are in § 370.66. It is important to read the definitions for key words because the definition explains the word's specific meaning in the regulations in this part. | ||||
| 40:40:30.0.1.1.12.2.19.1 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | B | Subpart B—Who Must Comply | § 370.10 Who must comply with the hazardous chemical reporting requirements of this part? | EPA | [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] | (a) You must comply with the reporting requirements of this part if the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS) require your facility to prepare or have available a Material Safety Data Sheet (MSDS) (or Safety Data Sheet (SDS)) for a hazardous chemical and if either of the following conditions is met: (1) A hazardous chemical that is an Extremely Hazardous Substance (EHS) is present at your facility at any one time in an amount equal to or greater than 500 pounds (227 kg—approximately 55 gallons) or the Threshold Planning Quantity (TPQ), whichever is lower. EHSs and their TPQs are listed in Appendices A and B of 40 CFR part 355. (2) A hazardous chemical that is not an EHS is present at your facility at any one time in an amount equal to or greater than the threshold level for that hazardous chemical. Threshold levels for such hazardous chemicals are: (i) For any hazardous chemical that does not meet the criteria in paragraph (a)(2)(ii) or (iii) of this section, the threshold level is 10,000 pounds (or 4,540 kg). (ii) For gasoline at a retail gas station (For purposes of this part, retail gas station means a retail facility engaged in selling gasoline and/or diesel fuel principally to the public, for motor vehicle use on land.), the threshold level is 75,000 gallons (approximately 283,900 liters) (all grades combined). This threshold is only applicable for gasoline that was in tank(s) entirely underground and was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST) requirements at 40 CFR part 280 or requirements of the state UST program approved by the Agency under 40 CFR part 281. (iii) For diesel fuel at a retail gas station (For purposes of this part, retail gas station means a retail facility engaged in selling gasoline and/or diesel fuel principally to the public, for motor vehicle use on land.), the threshold level is 100,000 gallons (approximately 378,500 liters) (all grades combined). This th… | |||
| 40:40:30.0.1.1.12.2.19.2 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | B | Subpart B—Who Must Comply | § 370.11 [Reserved] | EPA | |||||
| 40:40:30.0.1.1.12.2.19.3 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | B | Subpart B—Who Must Comply | § 370.12 What hazardous chemicals must I report under this part? | EPA | [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] | (a) You must report any hazardous chemical for which you are required to prepare or have available an MSDS (or SDS) under OSHA HCS that is present at your facility equal to or above the applicable threshold specified in § 370.10. (Specific exemptions from reporting are in § 370.13.) (b) The EPA has not issued a list of hazardous chemicals subject to reporting under this part. A substance is a hazardous chemical if it is required to have an MSDS (or SDS) and meets the definition of hazardous chemical under the OSHA regulations found at 29 CFR 1910.1200(c). | |||
| 40:40:30.0.1.1.12.2.19.4 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | B | Subpart B—Who Must Comply | § 370.13 What substances are exempt from these reporting requirements? | EPA | [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] | You do not have to report substances for which you are not required to have an MSDS (or SDS) under the OSHA regulations, or that are excluded from the definition of hazardous chemical under EPCRA section 311(e). Each of the following substances are excluded under EPCRA section 311(e): (a) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration. (b) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use. (c) Any substance to the extent it is used: (1) For personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. Present in the same form and concentration as a product packaged for distribution and use by the general public means a substance packaged in a similar manner and present in the same concentration as the substance when packaged for use by the general public, whether or not it is intended for distribution to the general public or used for the same purpose as when it is packaged for use by the general public; (2) In a research laboratory or hospital or other medical facility under the direct supervision of a technically qualified individual; or (3) In routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer. | |||
| 40:40:30.0.1.1.12.2.19.5 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | B | Subpart B—Who Must Comply | § 370.14 How do I report mixtures containing hazardous chemicals? | EPA | [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] | (a) For a mixture containing a hazardous chemical, use the following table to determine if a reporting threshold is equaled or exceeded, and to determine how to report: (b) For each specific mixture, the reporting option used must be consistent for both MSDS (or SDS) and inventory reporting, unless it is not possible to do so. This means that if you report on a specific mixture as a whole for MSDS (or SDS) reporting, you must report on that mixture as a whole for inventory reporting too (unless it is not possible). MSDS (or SDS) reporting and inventory reporting are discussed in detail in subpart C of this part. (c) To determine the quantity of an EHS or a non-EHS hazardous chemical component present in a mixture, multiply the concentration of the hazardous chemical component (in weight percent) by the weight of the mixture (in pounds). You do not have to count a hazardous chemical present in a mixture if the concentration is less than or equal to 1%, or less than or equal to 0.1% for a carcinogenic chemical. | |||
| 40:40:30.0.1.1.12.3.19.1 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | C | Subpart C—Reporting Requirements | § 370.20 What are the reporting requirements of this part? | EPA | [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] | The reporting requirements of this part consist of MSDS (or SDS) reporting and inventory reporting. If you are the owner or operator of a facility subject to the reporting requirements of this part then you must comply with both types of reporting requirements. MSDS (or SDS) reporting requirements are addressed in §§ 370.30 through 370.33. Inventory reporting requirements are addressed in §§ 370.40 through 370.45. | |||
| 40:40:30.0.1.1.12.3.19.2 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | C | Subpart C—Reporting Requirements | § 370.30 What information must I provide and what format must I use? | EPA | [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38109, June 13, 2016] | (a) You must report the hazardous chemicals present at your facility that meet or exceed the applicable threshold levels (threshold levels are in § 370.10) by either: (1) Submitting an MSDS (or SDS) for each hazardous chemical present at your facility that meet or exceed its applicable threshold level; or (2) Submitting a list of all hazardous chemicals present at your facility at or above the applicable threshold levels. The hazardous chemicals on your list must be grouped by the specific health and physical hazards as defined in § 370.66. The list must contain the chemical or common name of each hazardous chemical as provided on the MSDS (or SDS). (b) Within 30 days of a request by the LEPC (as provided in § 370.10(b)), you must also submit an MSDS (or SDS) for any hazardous chemical present at your facility for which you have not submitted an MSDS (or SDS). | |||
| 40:40:30.0.1.1.12.3.19.3 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | C | Subpart C—Reporting Requirements | § 370.31 Do I have to update the information? | EPA | [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] | MSDS (or SDS) reporting stated in § 370.30 is a one-time requirement. However, you must update the information in all of the following ways: (a) Submit a revised MSDS (or SDS) after you discover significant new information concerning a hazardous chemical for which an MSDS (or SDS) was submitted. (b) Submit an MSDS (or SDS), or a list as described in § 370.30(a), for any new hazardous chemical for which you become subject to these reporting requirements. (c) Submit, as requested by the LEPC, an MSDS (or SDS) for any hazardous chemical present at your facility which you have not already submitted, as provided in § 370.30(b). | |||
| 40:40:30.0.1.1.12.3.19.4 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | C | Subpart C—Reporting Requirements | § 370.32 To whom must I submit the information? | EPA | [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] | (a) You must submit an MSDS (or SDS) or list, as provided in § 370.30(a), to the LEPC, the SERC, and the fire department with jurisdiction over your facility. (b) You must submit an MSDS (or SDS) requested by the LEPC, as provided in § 370.30(b), to the LEPC. | |||
| 40:40:30.0.1.1.12.3.19.5 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | C | Subpart C—Reporting Requirements | § 370.33 When must I submit the information? | EPA | [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] | (a) You must submit an MSDS (or SDS) or a list, as provided in § 370.30(a), for a hazardous chemical subject to the reporting requirements of this part by October 17, 1987, or within 3 months after you first become subject to the reporting requirements of this part (as provided in §§ 370.30 and 370.31(b)). (b) You must submit a revised MSDS (or SDS), as provided in § 370.31(a), within 3 months after discovering significant new information about a hazardous chemical for which an MSDS (or SDS) was submitted. (c) You must submit an MSDS (or SDS) requested by the LEPC, as provided in §§ 370.30(b) and 370.31(c), within 30 days of receiving the request. | |||
| 40:40:30.0.1.1.12.3.20.10 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | C | Subpart C—Reporting Requirements | § 370.44 To whom must I submit the inventory information? | EPA | You must submit the required inventory information to your SERC, LEPC, and fire department with jurisdiction over your facility. | ||||
| 40:40:30.0.1.1.12.3.20.11 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | C | Subpart C—Reporting Requirements | § 370.45 When must I submit the inventory information? | EPA | (a) You must submit the required inventory information on or before March 1 (beginning in 1988 or beginning after your facility first becomes subject to this part), and on or before by March 1 of each year afterwards. Your submission must contain the required inventory information on hazardous chemicals present at your facility during the preceding calendar year at or above the threshold levels. Threshold levels are in § 370.10. The minimum required inventory information under EPCRA section 312 is Tier I information. Tier I information requirements are described in § 370.41. (b) You must submit Tier II information within 30 days of the receipt of a request from the SERC, LEPC, or the fire department having jurisdiction over your facility, as provided in § 370.10(b). Tier II information requirements are described in § 370.42. | ||||
| 40:40:30.0.1.1.12.3.20.6 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | C | Subpart C—Reporting Requirements | § 370.40 What information must I provide and what format must I use? | EPA | [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108 38109, June 13, 2016] | (a) If you are required to comply with the hazardous chemical reporting requirements of this part, then by March 1 every year you must submit inventory information regarding any hazardous chemical present at your facility at any time during the previous calendar year in an amount equal to or in excess of its threshold level. Threshold levels are provided in § 370.10. (b) Tier I information is the minimum information that you must report to be in compliance with the inventory reporting requirements of this part as described in § 370.41. You may choose to report the Tier II information described in § 370.42 for any hazardous chemical at your facility. You must submit Tier II information to the SERC, LEPC, or fire department having jurisdiction over your facility if they request it. EPA publishes Tier I and Tier II Inventory Forms that provide uniform formats for reporting the Tier I and Tier II information. You may use a State or local format for reporting inventory information if the State or local format contains at least the Tier I information described in § 370.41. EPA's Tier I and Tier II forms are available at http://www.epa.gov/epcra . Some States require Tier II information annually under State law. (c) You should contact the SERC to determine that State's requirements for inventory reporting formats, procedures, and to obtain inventory forms. | |||
| 40:40:30.0.1.1.12.3.20.7 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | C | Subpart C—Reporting Requirements | § 370.41 What is Tier I inventory information? | EPA | [77 FR 41313, July 13, 2012, as amended at 81 FR 38109, June 13, 2016] | Tier I information provides State and local officials and the public with information on the general types and locations of hazardous chemicals present at your facility during the previous calendar year. The Tier I information is the minimum information that you must provide to be in compliance with the inventory reporting requirements of this part. If you are reporting Tier I information, you must report aggregate information on hazardous chemicals by hazard categories. The hazard categories (physical and health hazards) are defined in § 370.66. Tier I inventory form includes the following data elements: (a) Certification. The owner or operator or the officially designated representative of the owner or operator must certify that all information included in the Tier I submission is true, accurate, and complete as follows: “I certify under penalty of law that I have personally examined and am familiar with the information and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete.” This certification shall be accompanied by your full name, official title, signature, date signed, and total number of pages in the submission including all attachments. All other pages must also contain your signature or signature stamp, the date you signed the certification, and the total number of pages in the submission. Some states require electronic reporting (on-line or via diskettes) and electronic certification. Contact your state for the specific requirements in that state. (b) The calendar year for the reporting period. (c) An indication whether the information being reported on page one of the form is identical to that submitted last year. (d) The complete name and address of the location of your facility (include the full street address or state road, city, county, State and zip code), latitude and longitude. (e) An indication if the location of your facility is manned or unmanned. (f) An estimate of the maximu… | |||
| 40:40:30.0.1.1.12.3.20.8 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | C | Subpart C—Reporting Requirements | § 370.42 What is Tier II inventory information? | EPA | [77 FR 41314, July 13, 2012, as amended at 81 FR 38109, June 13, 2016] | Tier II information provides State and local officials and the public with specific information on the amounts and locations of hazardous chemicals present at your facility during the previous calendar year. Some states may require you to use a state reporting format including electronic reporting and certification for submitting your hazardous chemical inventory. Contact your state for the specific requirements in that state. Tier II inventory form includes the following data elements: (a) Certification. The owner or operator or the officially designated representative of the owner or operator must certify that all information included in the Tier II submission is true, accurate, and complete as follows: “I certify under penalty of law that I have personally examined and am familiar with the information and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete.” This certification must be accompanied by your full name, official title, signature, date signed, and total number of pages in the submission including all Confidential and Non-Confidential Information Sheets and all attachments. All other pages must also contain your signature or signature stamp, the date you signed the certification, and the total number of pages in the submission. Some states require electronic reporting (on-line or via diskettes) and electronic certification. Contact your state for the specific requirements in that state. (b) The calendar year of the reporting period. (c) An indication whether the information being reported on page one of the form is identical to that submitted last year. (d) The complete name and address of the location of your facility (include the full street address or state road, city, county, State and zip code), latitude and longitude. (e) An indication if the location of your facility is manned or unmanned. (f) An estimate of the maximum number of occupants present at any one time. If the locatio… | |||
| 40:40:30.0.1.1.12.3.20.9 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | C | Subpart C—Reporting Requirements | § 370.43 What codes are used to report Tier I and Tier II inventory information? | EPA | [77 FR 41315, July 13, 2012] | (a) Weight range codes. Except as provided in paragraph (b) of this section, you must use the following codes to report the maximum amount and average daily amount when reporting Tier I or Tier II inventory information: * Greater than 10 million To convert gas or liquid volume to weight in pounds, multiply by an appropriate density factor. (b) Your SERC or LEPC may provide other range codes for reporting maximum amount and average daily amount, or may require reporting of specific amounts. You may use your SERC's or LEPC's range codes (or specific amounts) provided the ranges are not broader than the ranges in paragraph (a) of this section. | |||
| 40:40:30.0.1.1.12.4.21.1 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | D | Subpart D—Community Access to Information | § 370.60 How does a person obtain MSDS (or SDS) information about a specific facility? | EPA | [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] | Any person may obtain an MSDS (or SDS) for a specific facility by writing to the LEPC and asking for it. (a) If the LEPC has the MSDS, (or SDS) it must provide it to the person making the request. (b) If the LEPC does not have the MSDS (or SDS), (or (SDS) it must request the MSDS (or SDS) from the facility's owner or operator. | |||
| 40:40:30.0.1.1.12.4.21.2 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | D | Subpart D—Community Access to Information | § 370.61 How does a person obtain inventory information about a specific facility? | EPA | (a) Any person may request Tier II information for a specific facility by writing to the SERC or the LEPC and asking for such information. (1) If the SERC or LEPC has the Tier II information, the SERC or LEPC must provide it to the person making the request. (2) If the SERC or LEPC does not have the Tier II information, it must request it from the facility owner or operator in either of the following cases: (i) The person making the request is a State or local official acting in his or her official capacity. (ii) The request is for hazardous chemicals in amounts greater than 10,000 pounds stored at the facility at any time during the previous calendar year. (3) If the SERC or LEPC does not have the Tier II information, it may request it from the facility owner or operator when neither condition in paragraph (a)(2) of this section is met, but the person's request includes a general statement of need. (b) A SERC or LEPC must respond to a request for Tier II information under this section within 45 days of receiving such a request. | ||||
| 40:40:30.0.1.1.12.4.21.3 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | D | Subpart D—Community Access to Information | § 370.62 What information may a State or local official request from a facility? | EPA | [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] | The LEPC may ask a facility owner or operator to submit an MSDS (or SDS) for a hazardous chemical present at the facility. The SERC, LEPC, or fire department having jurisdiction over a facility may ask a facility owner or operator to submit Tier II information. The owner or operator must provide the MSDS (or SDS) (unless the owner or operator has already submitted an MSDS (or SDS) to the LEPC for that hazardous chemical) or Tier II information within 30 days of receipt of such request. | |||
| 40:40:30.0.1.1.12.4.21.4 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | D | Subpart D—Community Access to Information | § 370.63 What responsibilities do the SERC and the LEPC have to make request information available? | EPA | [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, June 13, 2016] | Under this subpart, the SERC or LEPC must make the following information (except for confidential location information discussed in § 370.64(b)) available if a person requests it: (a) All information obtained from an owner or operator in response to a request under this subpart. (b) Any requested Tier II information or MSDS (or SDS) otherwise in possession of the SERC or the LEPC. | |||
| 40:40:30.0.1.1.12.4.21.5 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | D | Subpart D—Community Access to Information | § 370.64 What information can I claim as trade secret or confidential? | EPA | [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, 38109, June 13, 2016] | (a) Trade secrets. You may be able to withhold the name of a specific chemical when submitting MSDS (or SDS) reporting or inventory reporting information if that chemical name is claimed as a trade secret. The requirements for withholding trade secret information are set forth in EPCRA section 322 and implemented in 40 CFR part 350. If you are withholding the name of a specific chemical as a trade secret in accordance with trade secrecy requirements, you must report the generic class or category that is structurally descriptive of the chemical along with all other required information. You must also submit the withheld information to EPA and must adequately substantiate your claim. A Form for substantiating trade secret claims is available at the Agency Web site at http://www.epa.gov/epcra . (b) Confidential location information. You may request that the SERC or the LEPC not disclose to the public the location of any specific chemical required to be submitted in Tier II information. If you make such a request, the SERC or LEPC must not disclose the location of the specific chemical. If you use the Tier II Form to report your inventory information, you can choose to report confidential location information for a specific chemical on the Confidential Location Information Sheet, which must be attached to the other Tier II information you are reporting. Although you may request that location information with respect to a specific chemical be withheld from the public, you may not withhold this information from the SERC, the LEPC, or the local fire department. The Confidential Location Information Sheet is available on the Agency Web site at http://www.epa.gov/epcra . | |||
| 40:40:30.0.1.1.12.4.21.6 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | D | Subpart D—Community Access to Information | § 370.65 Must I allow the local fire department to inspect my facility and must I provide specific location information about hazardous chemicals at my facility? | EPA | If you are the owner or operator of a facility that has submitted inventory information under this part, you must comply with the following two requirements upon request by the fire department with jurisdiction over your facility: (a) You must allow the fire department to conduct an on-site inspection of your facility; and (b) You must provide the fire department with information about the specific locations of hazardous chemicals at your facility. | ||||
| 40:40:30.0.1.1.12.4.21.7 | 40 | Protection of Environment | I | J | 370 | PART 370—HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW | D | Subpart D—Community Access to Information | § 370.66 How are key words in this part defined? | EPA | [73 FR 65478, Nov. 3, 2008, as amended at 81 FR 38108, 38109, June 13, 2016; 81 FR 47312, July 21, 2016] | 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. Environment includes water, air, and land and the interrelationship that exists among and between water, air, and land and all living things. EPCRA means the Emergency Planning and Community Right-To-Know Act of 1986. Extremely hazardous substance (EHS) means a substance listed in appendices A and B of 40 CFR part 355. Facility means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person that controls, is controlled by, or under common control with, such person). Facility includes manmade structures, as well as all natural structures in which chemicals are purposefully placed or removed through human means such that it functions as a containment structure for human use. Hazard category is divided into two categories, health and physical hazards. (1) Health hazard means a chemical which poses one of the following hazardous effects: Carcinogenicity; acute toxicity (any route of exposure); aspiration hazard; reproductive toxicity; germ cell mutagenicity; skin corrosion or irritation; respiratory or skin sensitization; serious eye damage or eye irritation; specific target organ toxicity (single or repeated exposure); simple asphyxiant; and hazard not otherwise classified (HNOC). (2) Physical hazard means a chemical which poses one of the following hazardous effects: Flammable (gases, aerosols, liquids or solids); gas under pressure; explosive; self-heating; pyrophoric (liquid or solid); pyrophoric gas; oxidizer (liquid, solid or gas); organic peroxide; self-reactive; in contact with water emits flammable gas; combustible dust; corrosive to metal; and hazard not otherwise classified (HNOC). Hazardous chemical means any hazardous chemical as defined under 29 CFR 1910.1200(c), except that such term d… | |||
| 46:46:8.0.1.11.35.1.12.1 | 46 | Shipping | II | J | 370 | PART 370—CLAIMS | A | Subpart A—Processing of Time-Barred Claims | § 370.1 Definitions. | FMC | [G.O. 102, 34 FR 6928, Apr. 25, 1969] | (a) Time-barred claim means a claim against the Government, for which the statutory period for filing suit has expired. (b) Contract includes every agreement or contract entered into by the Maritime Administrator and/or Maritime Subsidy Board, the Director National Shipping Authority or their delegatee. | |||
| 46:46:8.0.1.11.35.1.12.2 | 46 | Shipping | II | J | 370 | PART 370—CLAIMS | A | Subpart A—Processing of Time-Barred Claims | § 370.2 General policy. | FMC | [G.O. 102, 34 FR 6928, Apr. 25, 1969] | (a) Time-barred claims shall be rejected, except as follows: (1) A time-barred claim which could be asserted in court by way of set-off against a claim in favor of the United States arising out of the same contract may be considered in an overall settlement where settlement will result in a net payment to the United States, provided claimant releases the United States from all claims arising from or in any way connected with said contract. (2) Time-barred claims in favor of friendly foreign governments shall not be rejected solely because they are time-barred. However, should any such government adopt the practice of asserting the statute of limitations as a defense against claims of the United States, the time-barred claims of that government shall be rejected. (3) Time-barred claims arising under Second Seamen's War Risk insurance (or similar earlier types of crew insurance) where the policy was issued or the risks were assumed by the Maritime Administration (or its predecessors), shall not be rejected where the beneficiaries were precluded from receiving the proceeds of the policy by reason of regulations or orders of the U.S. Government (i) by reason of the beneficiary being physically or mentally unable to present the claim, (ii) by the beneficiaries being unaware of their entitlement to the proceeds in question, or (iii) where the claim is not “stale” under general principles of equity. (b) For the purpose of a claim by a General Agent under General Agency Agreements set forth in 32A CFR AGE-1 for reimbursement by the Maritime Administration on account of a timely payment made to a third party within a period of limitations running from the date the claim of the third party accrued, the period of limitations applicable to the General Agent shall run from the date of such payment. In all other cases involving claims arising under General Agency Agreements, including third-party claims, the policy provided in paragraph (a) of this section shall apply. (c) Consideration of any claim governed by applicable… | |||
| 49:49:5.1.1.2.12.0.1.1 | 49 | Transportation | III | B | 370 | PART 370—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE | § 370.1 Applicability of regulations. | FHWA | [62 FR 32042, June 12, 1997, as amended at 91 FR 7859, Feb. 19, 2026] | The regulations set forth in this part shall govern the processing of claims for loss, damage, injury, or delay to property transported or accepted for transportation, in interstate or foreign commerce, by each motor carrier and freight forwarder (hereinafter called carrier), subject to 49 U.S.C. subtitle IV, part B. | |||||
| 49:49:5.1.1.2.12.0.1.2 | 49 | Transportation | III | B | 370 | PART 370—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE | § 370.3 Filing of claims. | FHWA | [62 FR 32042, June 12, 1997, as amended at 83 FR 16223, Apr. 16, 2018] | (a) Compliance with regulations. A claim for loss or damage to baggage or for loss, damage, injury, or delay to cargo, shall not be voluntarily paid by a carrier unless filed, as provided in paragraph (b) of this section, with the receiving or delivering carrier, or carrier issuing the bill of lading, receipt, ticket, or baggage check, or carrier on whose line the alleged loss, damage, injury, or delay occurred, within the specified time limits applicable thereto and as otherwise may be required by law, the terms of the bill of lading or other contract of carriage, and all tariff provisions applicable thereto. (b) Minimum filing requirements. A written communication from a claimant, filed with a proper carrier within the time limits specified in the bill of lading or contract of carriage or transportation and: (1) Containing facts sufficient to identify the baggage or shipment (or shipments) of property, (2) Asserting liability for alleged loss, damage, injury, or delay, and (3) Making claim for the payment of a specified or determinable amount of money, shall be considered as sufficient compliance with the provisions for filing claims embraced in the bill of lading or other contract of carriage; Provided, however, That procedures are established to ensure reasonable carrier access to supporting documents. (c) Documents not constituting claims. Bad order reports, appraisal reports of damage, notations of shortage or damage, or both, on freight bills, delivery receipts, or other documents, or inspection reports issued by carriers or their inspection agencies, whether the extent of loss or damage is indicated in dollars and cents or otherwise, shall, standing alone, not be considered by carriers as sufficient to comply with the minimum claim filing requirements specified in paragraph (b) of this section. (d) Claims filed for uncertain amounts. Whenever a claim is presented against a proper carrier for an uncertain amount, such as “$100 more or less,” the carrier against whom such claim is filed sha… | |||||
| 49:49:5.1.1.2.12.0.1.3 | 49 | Transportation | III | B | 370 | PART 370—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE | § 370.5 Acknowledgment of claims. | FHWA | [62 FR 32042, June 12, 1997, as amended at 83 FR 16223, Apr. 16, 2018] | (a) Each carrier shall, upon receipt in writing of a proper claim in the manner and form described in the regulations in the past, acknowledge the receipt of such claim in writing to the claimant within 30 days after the date of its receipt by the carrier unless the carrier shall have paid or declined such claim in writing within 30 days of the receipt thereof. The carrier shall indicate in its acknowledgment to the claimant what, if any, additional documentary evidence or other pertinent information may be required by it further to process the claim as its preliminary examination of the claim, as filed, may have revealed. (b) The carrier shall at the time each claim is received create a separate file and assign thereto a successive claim file number and note that number on all documents filed in support of the claim and all records and correspondence with respect to the claim, including the acknowledgment of receipt. At the time such claim is received the carrier shall cause the date of receipt to be recorded on the face of the claim document, and the date of receipt shall also appear in the carrier's acknowledgment of receipt to the claimant. The carrier shall also cause the claim file number to be noted on the shipping order, if in its possession, and the delivery receipt, if any, covering such shipment, unless the carrier has established an orderly and consistent internal procedure for assuring: (1) That all information contained in shipping orders, delivery receipts, tally sheets, and all other pertinent records made with respect to the transportation of the shipment on which claim is made, is available for examination upon receipt of a claim; (2) That all such records and documents (or true and complete reproductions thereof) are in fact examined in the course of the investigation of the claim (and an appropriate record is made that such examination has in fact taken place); and (3) That such procedures prevent the duplicate or otherwise unlawful payment of claims. | |||||
| 49:49:5.1.1.2.12.0.1.4 | 49 | Transportation | III | B | 370 | PART 370—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE | § 370.7 Investigation of claims. | FHWA | [62 FR 32042, June 12, 1997, as amended at 83 FR 16223, Apr. 16, 2018] | (a) Prompt investigation required. Each claim filed against a carrier in the manner prescribed in this part shall be promptly and thoroughly investigated if investigation has not already been made prior to receipt of the claim. (b) Supporting documents. When a necessary part of an investigation, each claim shall be supported by the bill of lading, evidence of the freight charges, if any, and either the invoice, a copy of the invoice, or an exact copy thereof or any extract made therefrom, certified by the claimant to be true and correct with respect to the property and value involved in the claim; or certification of prices or values, with trade or other discounts, allowance, or deductions, of any nature whatsoever and the terms thereof, or depreciation reflected thereon; Provided, however, That where property involved in a claim has not been invoiced to the consignee shown on the bill of lading or where an invoice does not show price or value, or where the property involved has been sold, or where the property has been transferred at bookkeeping values only, the carrier shall, before voluntarily paying a claim, require the claimant to establish the destination value in the quantity, shipped, transported, or involved; Provided, further, That when supporting documents are determined to be a necessary part of an investigation, the supporting documents are retained by the carriers for possible FMCSA inspection. (c) Verification of loss. When an asserted claim for loss of an entire package or an entire shipment cannot be otherwise authenticated upon investigation, the carrier shall obtain from the consignee of the shipment involved a certified statement in writing that the property for which the claim is filed has not been received from any other source. | |||||
| 49:49:5.1.1.2.12.0.1.5 | 49 | Transportation | III | B | 370 | PART 370—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE | § 370.9 Disposition of claims. | FHWA | [62 FR 32042, June 12, 1997, as amended at 78 FR 58478, Sept. 24, 2013; 81 FR 68345, Oct. 4, 2016; 83 FR 16224, Apr. 16, 2018] | (a) Each carrier subject to 49 U.S.C. subtitle IV, part B which receives a written claim for loss or damage to baggage or for loss, damage, injury, or delay to property transported shall pay, decline, or make a firm compromise settlement offer in writing to the claimant within 120 days after receipt of the claim by the carrier; Provided, however, That, if the claim cannot be processed and disposed of within 120 days after the receipt thereof, the carrier shall at that time and at the expiration of each succeeding 60-day period while the claim remains pending, advise the claimant in writing of the status of the claim and the reason for the delay in making final disposition thereof and it shall retain a copy of such advice to the claimant in its claim file thereon. (b) When settling a claim for loss or damage, a household goods motor carrier as defined in § 375.103 of this subchapter shall use the replacement costs of the lost or damaged item as a base to apply a depreciation factor to arrive at the current actual value of the lost or damaged item. | |||||
| 49:49:5.1.1.2.12.0.1.6 | 49 | Transportation | III | B | 370 | PART 370—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE | § 370.11 Processing of salvage. | FHWA | (a) Whenever baggage or material, goods, or other property transported by a carrier subject to the provisions in this part is damaged or alleged to be damaged and is, as a consequence thereof, not delivered or is rejected or refused upon tender thereof to the owner, consignee, or person entitled to receive such property, the carrier, after giving due notice, whenever practicable to do so, to the owner and other parties that may have an interest therein, and unless advised to the contrary after giving such notice, shall undertake to sell or dispose of such property directly or by the employment of a competent salvage agent. The carrier shall only dispose of the property in a manner that will fairly and equally protect the best interests of all persons having an interest therein. The carrier shall make an itemized record sufficient to identify the property involved so as to be able to correlate it to the shipment or transportation involved, and claim, if any, filed thereon. The carrier also shall assign to each lot of such property a successive lot number and note that lot number on its record of shipment and claim, if any claim is filed thereon. (b) Whenever disposition of salvage material or goods shall be made directly to an agent or employee of a carrier or through a salvage agent or company in which the carrier or one or more of its directors, officers, or managers has any interest, financial or otherwise, that carrier's salvage records shall fully reflect the particulars of each such transaction or relationship, or both, as the case may be. (c) Upon receipt of a claim on a shipment on which salvage has been processed in the manner prescribed in this section, the carrier shall record in its claim file thereon the lot number assigned, the amount of money recovered, if any, from the disposition of such property, and the date of transmittal of such money to the person or persons lawfully entitled to receive the same. | ||||||
| 7:7:5.1.1.1.20.0.47.1 | 7 | Agriculture | III | 370 | PART 370—FREEDOM OF INFORMATION | § 370.1 Scope and purpose. | APHIS | These regulations are issued pursuant to the Freedom of Information Act, as amended (5 U.S.C. 552), and in accordance with the requirements of the Department of Agriculture regulations in part 1, subpart A of this title. The availability of records of the Animal and Plant Health Inspection Service (APHIS), and the procedures by which the public may obtain such information, shall be governed by the Department regulations as implemented by the regulations in this part. It is the policy of APHIS to be an open agency and to promptly make available for public inspection any records or information which are required to be released under the Act. Material which is exempt from disclosure will also be promptly made available when the Agency in its discretion determines that release of such material is in the public interest. | |||||||
| 7:7:5.1.1.1.20.0.47.2 | 7 | Agriculture | III | 370 | PART 370—FREEDOM OF INFORMATION | § 370.2 Published materials. | APHIS | [44 FR 53490, Sept. 14, 1979] | Rules and regulations of APHIS relating to its regulatory responsibilities are continuously published in the Federal Register, and codified in this chapter III, title 7, and in 9 CFR chapter I. APHIS issues publications explaining animal and plant health programs and the laws and regulations, including quarantines, under which the programs are conducted. These publications are, for the most part available free from the Office of Governmental and Public Affairs, USDA, Washington, DC 20250; or, in some cases from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, at established rates. | ||||||
| 7:7:5.1.1.1.20.0.47.3 | 7 | Agriculture | III | 370 | PART 370—FREEDOM OF INFORMATION | § 370.3 Index. | APHIS | Pursuant to the regulations in § 1.4(b) of this title, APHIS will maintain and make available for public inspection and copying a current index providing identifying information regarding the materials required to be published or made available under the Freedom of Information Act (5 U.S.C. 552(a)(2)). Notice is hereby given that publication of this index is unnecessary and impracticable, since the material is voluminous and does not change often enough to justify the expense of publication. | |||||||
| 7:7:5.1.1.1.20.0.47.4 | 7 | Agriculture | III | 370 | PART 370—FREEDOM OF INFORMATION | § 370.4 Facilities for inspection and copying. | APHIS | [44 FR 53490, Sept. 14, 1979, as amended at 51 FR 30836, Aug. 29, 1986; 59 FR 67611, Dec. 30, 1994] | Facilities for public inspection and copying of the index and materials required to be made available under 5 U.S.C. 552(c)(2) will be provided by APHIS, on business days between 8 a.m. and 4:30 p.m. Requests for this information should be made to the FOIA Coordinator at the following address: Freedom of Information Act Coordinator, Animal and Plant Health Inspection Service, Legislative and Public Affairs, Freedom of Information, 4700 River Road, Unit 50, Riverdale, Maryland 20737-1231. Freedom of Information Act Coordinator, Animal and Plant Health Inspection Service, Legislative and Public Affairs, Freedom of Information, 4700 River Road, Unit 50, Riverdale, Maryland 20737-1231. Copies of such material may be obtained in person or by mail. Applicable fees for copies will be charged in accordance with the regulations prescribed by the Office of Operations and Finance, USDA, pursuant to § 2.75 of this title. See § 1.10 and appendix A—Fee Schedule in part 1, subtitle A of this title. | ||||||
| 7:7:5.1.1.1.20.0.47.5 | 7 | Agriculture | III | 370 | PART 370—FREEDOM OF INFORMATION | § 370.5 Requests for records. | APHIS | [40 FR 43223, Sept. 19, 1975, as amended at 44 FR 53490, Sept. 14, 1979; 51 FR 30837, Aug. 29, 1986; 59 FR 67611, Dec. 30, 1994] | (a) Requests for APHIS records or information other than material published or made available under the preceding sections, shall be made in writing in accordance with 7 CFR 1.3(a) and submitted to the APHIS Freedom of Information Act Coordinator at the following address: Freedom of Information Act Coordinator, (FOIA Request), Animal and Plant Health Inspection Service, Legislative and Public Affairs, Freedom of Information, 4700 River Road, Unit 50, Riverdale, Maryland 20737-1231. Freedom of Information Act Coordinator, (FOIA Request), Animal and Plant Health Inspection Service, Legislative and Public Affairs, Freedom of Information, 4700 River Road, Unit 50, Riverdale, Maryland 20737-1231. The request shall identify each record with reasonable specificity as prescribed in § 1.3(b) of this title. The APHIS FOIA Coordinator is hereby delegated authority to make determinations with respect to such requests in accordance with 7 CFR. (b) The FOIA Coordinator or his designee is authorized to receive requests and to exercise the authority under § 1.4(c) of this title to: (1) Make determinations to grant or deny requests, (2) Extend the administrative deadline, (3) Make discretionary releases of exempt records, and (4) Make determinations regarding charges pursuant to the fee schedule. (c) In exercising his authority under § 1.4(c) of this title to grant and deny requests, the Coordinator will comply with subsection (b) of the Freedom of Information Act, as amended (5 U.S.C. 552(b)), which requires that any reasonably segregable portion of a document shall be provided to a person requesting such document after deletion of any portions which are exempt under the Act. Therefore, unless the disclosable and non-disclosable portions are so inextricably linked that it is not reasonably possible to separate them, the document will be released with the non-disclosable portions deleted, except that the Coordinator may exercise discretion as limited by § 1.11 of this title, to release the entire document, or to make onl… | ||||||
| 7:7:5.1.1.1.20.0.47.6 | 7 | Agriculture | III | 370 | PART 370—FREEDOM OF INFORMATION | § 370.6 Appeals. | APHIS | [44 FR 53490, Sept. 14, 1979] | If the request for information made under § 370.5 is denied in whole or in part, the requester may file an appeal pursuant to § 1.3(e) of this title. The appeal should be in writing and should be addressed as follows: Administrator, Animal and Plant Health Inspection Service (FOIA Appeal), Room 313-E, U.S. Department of Agriculture, Washington, DC 20250. Administrator, Animal and Plant Health Inspection Service (FOIA Appeal), Room 313-E, U.S. Department of Agriculture, Washington, DC 20250. | ||||||
| 7:7:5.1.1.1.20.0.47.7 | 7 | Agriculture | III | 370 | PART 370—FREEDOM OF INFORMATION | § 370.7 Agency response to requests. | APHIS | (a) The response to requests for information and to appeals shall be made in accordance with the Department regulations in § 1.5 of this title and the regulations in this part. (b) Requests for records and information which have customarily been directed to field stations and agency headquarters may continue to be directed to those locations, notwithstanding the provisions of these regulations. If the information is not available at the location at which the request is made, or the official receiving the request is in doubt as to whether the information should be released, the official shall (1) promptly forward the request to the FOIA Coordinator, or (2) inform the requester of the procedures established in these regulations by which the request may be sent directly to the FOIA Coordinator. The date of receipt of the request by the Coordinator shall be the determining date for purposes of the time limitations under the Freedom of Information Act and the regulations. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
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source_citation TEXT,
amendment_citations TEXT,
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CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);