cfr_sections
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32 rows where part_number = 707 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:5.0.2.5.3.1.5.1 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | A | Subpart A—General Provisions | § 707.1 Purpose. | DOE | The Department of Energy (DOE) promulgates this part in order to protect the environment, maintain public health and safety, and safeguard the national security. This part establishes policies, criteria, and procedures for developing and implementing programs that help to maintain a workplace free from the use of illegal drugs. It applies to DOE contractors and subcontractors performing work at sites owned or controlled by DOE and operated under the authority of the Atomic Energy Act of 1954, as amended, and to individuals with unescorted access to the control areas of certain DOE reactors. The procedures include detection of the use of illegal drugs by current or prospective contractor employees in testing designated positions. | |||||
| 10:10:5.0.2.5.3.1.5.2 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | A | Subpart A—General Provisions | § 707.2 Scope. | DOE | (a) This part applies to the following contracts with DOE, at sites owned or controlled by DOE which are operated under the authority of the Atomic Energy Act of 1954, as amended: (1) Management and operating contracts; and (2) Other contracts or subcontracts with a value of $25,000 or more, and which have been determined by DOE to involve: (i) Access to or handling of classified information or special nuclear materials; (ii) High risk of danger to life, the environment, public health and safety, or national security; or (iii) Transportation of hazardous materials to or from a DOE site. (b) Individuals described in § 707.7 (b) and (c) will be subject to random drug testing; to drug testing as a result of an occurrence, as described in § 707.9; and to drug testing on the basis of reasonable suspicion, as described in § 707.10. (c) Applicants for employment in testing designated positions will be tested in accordance with § 707.8. | |||||
| 10:10:5.0.2.5.3.1.5.3 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | A | Subpart A—General Provisions | § 707.3 Policy. | DOE | It is the policy of DOE to conduct its programs so as to protect the environment, maintain public health and safety, and safeguard the national security. This policy is advanced in this rule by requiring contractors and subcontractors within its scope to adopt procedures consistent with the baseline requirements of this part, and to impose significant sanctions on individuals in testing designated positions or with unescorted access to the control areas of certain DOE reactors, who use or are involved with illegal drugs. | |||||
| 10:10:5.0.2.5.3.1.5.4 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | A | Subpart A—General Provisions | § 707.4 Definitions. | DOE | [57 FR 32656, July 22, 1992, as amended at 80 FR 5008, Jan. 30, 2015] | For the purposes of this part, the following definitions apply: Collection Site Person means a technician or other person trained and qualified to take urine samples and to secure urine samples for later laboratory analysis. Confirmed Positive Test means, for drugs, a finding based on a positive initial or screening test result, confirmed by another positive test on the same sample. The confirmatory test must be by the gas chromatography/mass spectrometry method. Counseling means assistance provided by qualified professionals to employees, especially, but not limited to those employees whose job performance is, or might be, impaired as a result of illegal drug use or a medical-behavioral problem; such assistance may include short-term counseling and assessment, crisis intervention, referral to outside treatment facilities, and follow-up services to the individual after completion of treatment and return to work. Drug Certification means a written assurance signed by an individual with known past illegal drug involvement, as a condition for obtaining or retaining a DOE access authorization, stating that the individual will refrain from using or being involved with illegal drugs while employed in a position requiring DOE access authorization (security clearance). Employee Assistance means a program of counseling, referral, and educational services concerning illegal drug use and other medical, mental, emotional, or personal problems of employees, particularly those which adversely affect behavior and job performance. Hazardous Material means any material subject to the placarding requirements of 49 CFR 172.504, table 1, and materials presenting a poison-inhalation hazard that must be placarded under the provisions of 49 CFR 172.505. Head of DOE Field Element means an individual who is the manager or head of the DOE operations office or field office. Illegal Drug means a controlled substance, as specified in Schedules I through V of the Controlled Substances Act, 21 U.S.C. 811, 812. The term “illegal… | ||||
| 10:10:5.0.2.5.3.2.5.1 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.5 Submission, approval, and implementation of a baseline workplace substance abuse program. | DOE | [57 FR 32656, July 22, 1992,, as amended at 80 FR 5008, Jan. 30, 2015] | (a) Each contractor subject to this part shall develop a written program consistent with the requirements of this part and the guidelines of the Department of Health and Human Services and subsequent amendments to those guidelines (“Mandatory Guidelines for Federal Workplace Drug Testing Programs,” 53 FR 11970, April 11, 1988; hereinafter “HHS Mandatory Guidelines”), and applicable to appropriate DOE sites. Such a program shall be submitted to DOE for review and approval, and shall include at least the following baseline elements: (1) Prohibition of the use; possession, sale, distribution, or manufacture of illegal drugs at sites owned or controlled by DOE; (2) Plans for instruction of supervisors and employees concerning problems of substance abuse, including illegal drug use, and the availability of assistance through the employee assistance program and referrals to other resources, and the penalties that may be imposed upon employees for drug-related violations occurring on the DOE owned or controlled site; (3) Provision for distribution to all employees engaged in performance of the contract on the DOE owned or controlled site of a statement which sets forth the contractor's policies prohibiting the possession, sale, distribution, or manufacture of illegal drugs at the DOE owned or controlled site. The statement shall include notification to all employees that as a condition of employment under the contract, the employee will: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring on the DOE owned or controlled site no later than 10 calendar days after such conviction; (4) Provision for written notification to the DOE contracting officer within 10 calendar days after receiving notice under paragraph (a)(3)(ii) of this section, from an employee or otherwise receiving actual notice of an employee's conviction of a drug-related offense; (5) Provision for imposing one of the following actions, wit… | ||||
| 10:10:5.0.2.5.3.2.5.10 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.14 Action pursuant to a determination of illegal drug use. | DOE | [57 FR 32656, July 22, 1992,, as amended at 80 FR 5008, Jan. 30, 2015; 87 FR 49979, Aug. 15, 2022] | (a) When an applicant for employment has been tested and determined to have used an illegal drug, processing for employment will be terminated and the applicant will be so notified. (b)(1) When an employee who is in a testing designated position has been tested and determined to have used an illegal drug, the contractor shall immediately remove that employee from the testing designated position; if such employee also holds, or is an applicant for, an access authorization, then the contractor shall immediately notify DOE security officials for appropriate adjudication. If this is the first determination of use of illegal drugs by that employee (for example, the employee has not previously signed a DOE drug certification, and has not previously tested positive for use of illegal drugs), the employee may be offered a reasonable opportunity for rehabilitation, consistent with the contractor's policies. If rehabilitation is offered, the employee will be placed in a non-testing designated position, which does not require a security clearance, provided there is such an acceptable position in which the individual can be placed during rehabilitation; if there is no acceptable non-testing designated position, the employee will be placed on sick, annual, or other leave status, for a reasonable period sufficient to permit rehabilitation. However, the employee will not be protected from disciplinary action which may result from violations of work rules other than a positive test result for illegal drugs. (2) Following a determination by the site occupational medical department, after counseling or rehabilitation, that the employee can safely return to duty, the contractor may offer the employee reinstatement, in the same or a comparable position to the one held prior to the removal, consistent with the contractor's policies and the requirements of 10 CFR part 710. Failure to take the opportunity for rehabilitation, if it has been made available, for the use of illegal drugs, will require significant disciplinary action up t… | ||||
| 10:10:5.0.2.5.3.2.5.11 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.15 Collective bargaining. | DOE | When establishing drug testing programs, contractors who are parties to collective bargaining agreements will negotiate with employee representatives, as appropriate, under labor relations laws or negotiated agreements. Such negotiation, however, cannot change or alter the requirements of this rule because DOE security requirements themselves are non-negotiable under the security provisions of DOE contracts. Employees covered under collective bargaining agreements will not be subject to the provisions of this rule until those agreements have been modified, as necessary; provided, however, that if one year after commencement of negotiation the parties have failed to reach agreement, an impasse will be determined to have been reached and the contractor will unilaterally implement the requirements of this rule. | |||||
| 10:10:5.0.2.5.3.2.5.12 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.16 Records. | DOE | (a) Confirmed positive test results shall be provided to the Medical Review Officer and other contractor and DOE officials with a need to know. Any other disclosure may be made only with the written consent of the individual. (b) Contractors shall maintain maximum confidentiality of records related to illegal drug use, to the extent required by applicable statutes and regulations (including, but not limited to, 42 U.S.C. 290dd-3, 42 U.S.C. 290ee-3, and 42 CFR part 2). If such records are sought from the contractor for criminal investigations, or to resolve a question or concern relating to the Personnel Assurance Program certification or access authorization under 10 CFR part 710, any applicable procedures in statute or regulation for disclosure of such information shall be followed. Moreover, owing to DOE's express environmental, public health and safety, and national security interests, and the need to exercise proper contractor oversight, DOE must be kept fully apprised of all aspects of the contractor's program, including such information as incidents involving reasonable suspicion, occurrences, and confirmed test results, as well as information concerning test results in the aggregate. (c) Unless otherwise approved by DOE, the contractors shall ensure that all laboratory records relating to positive drug test results, including initial test records and chromatographic tracings, shall be retained by the laboratory in such a manner as to allow retrieval of all information pertaining to the individual urine specimens for a minimum period of five years after completion of testing of any given specimen, or longer if so instructed by DOE or by the contractor. In addition, a frozen sample of all positive urine specimens shall be retained by the laboratory for at least six months, or longer if so instructed by DOE. (d) The contractor shall maintain as part of its medical records copies of specimen chain of custody forms. (e) The specimen chain of custody form will contain the following information: (1) Date of … | |||||
| 10:10:5.0.2.5.3.2.5.13 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.17 Permissible actions in the event of contractor noncompliance. | DOE | Actions available to DOE in the event of contractor noncompliance with the provisions of this part or otherwise performing in a manner inconsistent with its approved program include, but are not limited to, suspension or debarment, contract termination, or reduction in fee in accordance with the contract terms. | |||||
| 10:10:5.0.2.5.3.2.5.2 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.6 Employee assistance, education, and training. | DOE | Contractor programs shall include the following or appropriate alternatives: (a) Employee assistance programs emphasizing preventive services, education, short-term counseling, coordination and referral to outside agencies, and follow-up. These services shall be available to all contractor on-site employees involved in the DOE contract. The contractor has no obligation to pay the costs of any individual's counseling, treatment, or rehabilitation beyond those services provided by the contractor's employee assistance program, except as provided for in the contractor's benefits programs. DOE undertakes no obligation to pay for any individual's counseling, rehabilitation, or treatment, unless specifically provided for by contract. (b) Education and training programs for on-site employees on a periodic basis, which will include, at a minimum, the following subjects: (1) For all on-site employees: Health aspects of substance abuse, especially illegal drug use; safety, security, and other workplace-related problems caused by substance abuse, especially illegal drug use; the provisions of this rule; the employer's policy; and available employee assistance services. (2) For managers and supervisors: (i) The subjects listed in paragraph (b)(1) of this section; (ii) Recognition of deteriorating job performance or judgment, or observation of unusual conduct which may be the result of possible illegal drug use; (iii) Responsibility to intervene when there is deterioration in performance, or observed unusual conduct, and to offer alternative courses of action that can assist the employee in returning to satisfactory performance, judgment, or conduct, including seeking help from the employee assistance program; (iv) Appropriate handling and referral of employees with possible substance abuse problems, especially illegal drug use; and (v) Employer policies and practices for giving maximum consideration to the privacy interests of employees and applicants. | |||||
| 10:10:5.0.2.5.3.2.5.3 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.7 Random drug testing requirements and identification of testing designated positions. | DOE | [57 FR 32656, July 22, 1992, as amended at 73 FR 3863, Jan. 23, 2008; 80 FR 5008, Jan. 30, 2015; 87 FR 49978, Aug. 15, 2022] | (a)(1) Each workplace substance abuse program will provide for random testing for evidence of the use of illegal drugs of employees in testing designated positions identified in this section. (2) Programs developed under this part for positions identified in paragraphs (b)(2) and (3) of this section shall provide for random tests at a rate equal to 30 percent of the total number of employees in testing designated positions for each 12-month period. Employees in the positions identified in paragraph (b)(1) of this section and individuals identified in paragraph (c) of this section will be subject to random testing at a rate equal to 100 percent of the total number of employees or individuals, as applicable, identified, and those identified in paragraphs (b)(1) and (c) may be subject to additional drug tests. (b) The testing designated positions subject to random drug testing are: (1) Positions determined to be covered by the Human Reliability Program (HRP), codified at 10 CFR part 712. HRP employees will be subject to the drug testing standards of this part and any additional requirements of the HRP rule. (2) Positions identified by the contractor which entail duties where failure of an employee adequately to discharge his or her position could significantly harm the environment, public health or safety, or national security, such as: (i) Pilots; (ii) Firefighters; (iii) Protective force personnel, exclusive of those covered in paragraph (b)(1) and (c) of this section, in positions involving use of firearms where the duties also require potential contact with, or proximity to, the public at large; (iv) Personnel directly engaged in construction, maintenance, or operation of nuclear reactors; (v) Personnel directly engaged in production, use, storage, transportation, or disposal of hazardous materials sufficient to cause significant harm to the environment or public health and safety; or (vi) All other personnel in positions that require an access authorization (security clearance), other than those ident… | ||||
| 10:10:5.0.2.5.3.2.5.4 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.8 Applicant drug testing. | DOE | An applicant for a testing designated position will be tested for the use of illegal drugs before final selection for employment or assignment to such a position. Provisions of this part do not prohibit contractors from conducting drug testing on applicants for employment in any position. | |||||
| 10:10:5.0.2.5.3.2.5.5 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.9 Drug testing as a result of an occurrence. | DOE | When there is an occurrence which is required to be reported to DOE by the contractor, under contract provisions incorporating applicable DOE Orders, rules, and regulations, it may be necessary to test individuals in testing designated positions, or individuals with unescorted access to the control areas of the DOE reactors listed in § 707.7(c), for the use of illegal drugs, if such individuals could have caused or contributed to the conditions which caused the occurrence. For an occurrence requiring immediate notification or reporting as required by applicable DOE Orders, rules, and regulations, the contractor will require testing as soon as possible after the occurrence but within 24 hours of the occurrence, unless DOE determines that it is not feasible to do so. For other occurrences requiring notifications to DOE as required by applicable DOE Orders, rules, and regulations, the contractor may require testing. | |||||
| 10:10:5.0.2.5.3.2.5.6 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.10 Drug testing for reasonable suspicion of illegal drug use. | DOE | [57 FR 32656, July 22, 1992, as amended at 80 FR 5008, Jan. 30, 2015] | (a)(1) It may be necessary to test any employee in a testing designated position, or individuals with unescorted access to the control areas of the DOE reactors listed in § 707.7(c), for the use of illegal drugs, if the behavior of such an individual creates the basis for reasonable suspicion of the use of illegal drugs. Two or more supervisory or management officials, at least one of whom is in the direct chain of supervision of the employee, or is a physician from the site occupational medical department, must agree that such testing is appropriate. Reasonable suspicion must be based on an articulable belief that an employee uses illegal drugs, drawn from particularized facts and reasonable inferences from those facts. (2) Such a belief may be based upon, among other things: (i) Observable phenomena, such as direct observation of: (A) The use or possession of illegal drugs; or (B) The physical symptoms of being under the influence of drugs; (ii) A pattern of abnormal conduct or erratic behavior; (iii) Arrest for a conviction of a drug related offense, or the identification of the individual as the focus of a criminal investigation into illegal drug possession use, or trafficking; (iv) Information that is either provided by a reliable and credible source or is independently corroborated; (v) Evidence that an employee has tampered with a drug test; or (vi) Temperature of the urine specimen is outside the range of 32-38 degrees centigrade or 90-100 degrees Fahrenheit. (b) The fact that an employee had a confirmed positive test for the use for the use of illegal drugs at some prior time, or has undergone a period of rehabilitation or treatment, will not, in and of itself, be grounds for testing on the basis of reasonable suspicion. (c) The requirements of this part relating to the testing for the use of illegal drugs are not intended to prohibit the contractor from pursuing other existing disciplinary procedures or from requiring medical evaluation of any employee exhibiting aberrant or unusual behavior. | ||||
| 10:10:5.0.2.5.3.2.5.7 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.11 Drugs for which testing is performed. | DOE | Where testing is performed under this part, at a minimum, contractors will be required to test for the use of the following drugs or classes of drugs: marijuana; cocaine; opiates; phencyclidine; and amphetamines. However, when conducting reasonable suspicion or occurrence testing, the contractor may test for any drug listed in Schedules I or II of the Controlled Substances Act. | |||||
| 10:10:5.0.2.5.3.2.5.8 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.12 Specimen collection, handling and laboratory analysis for drug testing. | DOE | [57 FR 32656, July 22, 1992, as amended at 73 FR 3863, Jan. 23, 2008; 80 FR 5008, Jan. 30, 2015] | (a) Procedures for providing urine specimens must allow individual privacy, unless there is reason to believe that a particular individual may alter or substitute the specimen to be provided. Contractors shall utilize a chain of custody procedure for maintaining control and accountability from point of collection to final disposition of specimens, and testing laboratories shall use appropriate cutoff levels in screening specimens to determine whether they are negative or positive for a specific drug, consistent with the HHS Mandatory Guidelines (see § 707.5(a)). The contractor shall ensure that only testing laboratories certified by the Department of Health and Human Services, are utilized. (b)(1) If the individual refuses to cooperate with the urine collection (e.g., refusal to provide a specimen, or to complete paperwork), then the collection site person shall inform the MRO and shall document the non-cooperation on the specimen chain of custody form. The MRO shall report the failure to cooperate to the appropriate management authority, who shall report to DOE if the individual holds an access authorization. Individuals so failing to cooperate shall be treated in all respects as if they had been tested and had been determined to have used an illegal drug. The contractor may apply additional sanctions consistent with its disciplinary policy. (2) The collection site person shall ascertain that there is a sufficient amount of urine to conduct an initial test, a confirmatory test, and a retest, in accordance with the HHS Mandatory Guidelines. If there is not a sufficient amount of urine, additional urine will be collected in a separate container. The individual may be given reasonable amounts of liquid and a reasonable amount of time in which to provide the specimen required. The individual and the collection site person must keep the specimen in view at all times. In the event that the individual fails to provide a sufficient amount of urine, the amount collected will be noted on the “Urine Sample Custody Docume… | ||||
| 10:10:5.0.2.5.3.2.5.9 | 10 | Energy | III | 707 | PART 707—WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES | B | Subpart B—Procedures | § 707.13 Medical review of results of tests for illegal drug use. | DOE | [57 FR 32656, July 22, 1992, as amended at 80 FR 5008, Jan. 30, 2015] | (a) All test results shall be submitted for medical review by the MRO. A confirmed positive test for drugs shall consist of an initial test performed by the immunoassay method, with positive results on that initial test confirmed by another test, performed by the gas chromatography/mass spectrometry method (GC/MS). This procedure is described in the HHS Mandatory Guidelines. (b) The Medical Review Officer will consider the medical history of the employee or applicant, as well as any other relevant biomedical information. When there is a confirmed positive test result, the employee or applicant will be given an opportunity to report to the MRO the use of any prescription or over-the-counter medication. If the MRO determines that there is a legitimate medical explanation for a confirmed positive test result, consistent with legal and non-abusive drug use, the MRO will certify that the test results do not meet the conditions for a determination of use of illegal drugs. If no such certification can be made, the MRO will make a determination of use of illegal drugs. Determinations of use of illegal drugs will be made in accordance with the criteria provided in the Medical Review Officer Manual issued by the Department of Health and Human Services. | ||||
| 40:40:33.0.1.1.6.2.1.1 | 40 | Protection of Environment | I | R | 707 | PART 707—CHEMICAL IMPORTS AND EXPORTS | B | Subpart B—General Import Requirements and Restrictions | § 707.20 Chemical substances import policy. | EPA | [48 FR 55464, Dec. 13, 1983, as amended at 60 FR 34463, July 3, 1995; 62 FR 1834, Jan. 14, 1997; 75 FR 69353, Nov. 12, 2010; 76 FR 49674, Aug. 11, 2011; 78 FR 37978, June 25, 2013; 84 FR 44232, Aug. 23, 2019; 89 FR 86751, Oct. 31, 2024] | (a) Scope. (1) This statement addresses the policy of the Environmental Protection Agency (EPA) on importation of chemical substances, mixtures, and articles under section 13 of the Toxic Substances Control Act (TSCA; 15 U.S.C. 2601 et seq. ). In particular, it addresses aspects of the regulation promulgated by the United States Customs Service (Customs), Department of the Treasury (19 CFR 12.118 through 12.127, and 127.28 [amended]) to implement section 13 of TSCA, 15 U.S.C. 2612. Section 13 requires the Secretary of the Treasury to refuse entry into the Customs territory of the United States of a chemical substance, mixture, or article if it does not comply with rules in effect under TSCA, or if it is offered for entry in violation of TSCA or rules or orders under TSCA. (2) In addition to this statement of policy, EPA will continue, as necessary, to address problems associated with imports in rulemaking and other actions under individual sections of TSCA, i.e., sections 4, 5, 6, 7, 8, and 12. Sections 5, 6, and 7 apply directly to imports subject to the section 13 requirements. Section 12 may apply to export of a shipment that is refused entry under section 13. Importers may have obligations under sections 4 and 8; section 4 and 8 requirements for importers would not apply to individual chemical shipments and thus are not included under section 13 requirements. Interested persons should refer to the records of these individual rulemaking actions for specific information and guidance. (b) Objectives. (1) TSCA is intended to be comprehensive, and assure protection of health and the environment from unreasonable risks associated with chemicals whether the chemicals are imported or produced domestically. This intent is manifested by the inclusion of importation in the Act's definition of the term “manufacture”: “[M]anufacture means to import * * *, produce, or manufacture” (15 U.S.C. 2602(7)). Thus, importers are responsible for insuring that chemical importation complies with TSCA just as domestic manufactu… | |||
| 40:40:33.0.1.1.6.4.1.1 | 40 | Protection of Environment | I | R | 707 | PART 707—CHEMICAL IMPORTS AND EXPORTS | D | Subpart D—Notices of Export Under Section 12(b) | § 707.60 Applicability and compliance. | EPA | [45 FR 82850, Dec. 16, 1980, as amended at 71 FR 66244, Nov. 14, 2006; 71 FR 68751, Nov. 28, 2006] | (a) Section 12(b) of the Toxic Substances Control Act requires any person who exports or intends to export a chemical substance or mixture to notify the Environmental Protection Agency of such exportation to a particular country if any of the following actions have been taken under the Act with respect to that chemical substance or mixture: (1) Data are required under section 4 or 5(b), (2) An order has been issued under section 5, (3) A rule has been proposed or promulgated under section 5 or 6, or (4) An action is pending, or relief has been granted under section 5 or 7. (b) No notice of export will be required for articles, except PCB articles, unless the Agency so requires in the context of individual section 5, 6, or 7 actions. (c)(1) Except as provided in paragraphs (c)(2) and (3) of this section no notice of export is required for the export of a chemical substance or mixture for which export notification is otherwise required, where such chemical substance or mixture is present in a concentration of less than 1% (by weight or volume). (2) No notice of export is required for the export of a chemical substance or mixture that is a known or potential human carcinogen where such chemical substance or mixture is present in a concentration of less than 0.1% (by weight or volume). A chemical is considered to be a known or potential human carcinogen, for purposes of TSCA section 12(b) export notification, if that chemical is: (i) A chemical substance or mixture listed as a “known to be human carcinogen” or “reasonably anticipated to be human carcinogen” in the Report on Carcinogens (latest edition) issued by the U.S. Department of Health and Human Services, Public Heath Service, National Toxicology Program, (ii) A chemical substance or mixture is classified as “carcinogenic to humans” (Group 1), “probably carcinogenic to humans” (Group 2A), or “probably carcinogenic to humans” (Group 2B) in the Monographs and Supplements on the Evaluation of Carcinogenic Risks to Humans issued by the World Health Organiz… | |||
| 40:40:33.0.1.1.6.4.1.2 | 40 | Protection of Environment | I | R | 707 | PART 707—CHEMICAL IMPORTS AND EXPORTS | D | Subpart D—Notices of Export Under Section 12(b) | § 707.63 Definitions. | EPA | [45 FR 82850, Dec. 16, 1980, as amended at 88 FR 37171, June 7, 2023] | The definitions set forth in the Toxic Substances Control Act, section 3, apply for this part. In addition, the following abbreviations and definitions are provided for purposes of this rule: CDX or Central Data Exchange means EPA's centralized electronic document receiving system, or its successor system. EPA means the Environmental Protection Agency. Exporter means the person who, as the principal party in interest in the export transaction, has the power and responsibility for determining and controlling the sending of the chemical substance or mixture to a destination out of the customs territory of the United States. Regulated chemical means any chemical substance or mixture for which export notice is required under § 707.60. TSCA means the Toxic Substances Control Act. | |||
| 40:40:33.0.1.1.6.4.1.3 | 40 | Protection of Environment | I | R | 707 | PART 707—CHEMICAL IMPORTS AND EXPORTS | D | Subpart D—Notices of Export Under Section 12(b) | § 707.65 Submission to the agency. | EPA | [88 FR 37171, June 7, 2023] | (a) For each action under TSCA triggering export notification, exporters must notify EPA of their export or intended export of each subject chemical substance or mixture for which export notice is required under § 707.60 in accordance with the following: (1)(i) The export notice must be for the first export or intended export by an exporter to a particular country in a calendar year when the chemical substance or mixture is the subject of an order issued, an action that is pending, or relief that has been granted under TSCA section 5(f), a rule that has been proposed or promulgated under TSCA section 6, or an action that is pending or relief that has been granted under TSCA section 7. (ii) The export notice must only be for the first export or intended export by an exporter to a particular country when the chemical substance or mixture is the subject of an order issued, an action that is pending, or relief that has been granted under TSCA section 5(e), a rule that has been proposed or promulgated under TSCA section 5(a)(2), or when the submission of data is required under TSCA section 4 or 5(b). Under this paragraph, notice of export to a particular country is not required if an exporter previously submitted to EPA a notice of export to that country prior to January 16, 2007. (2) The export notice must be submitted to EPA within seven days of forming the intent to export or on the date of export, whichever is earlier. A notice of intent to export must be based on a definite contractual obligation, or an equivalent intra-company agreement, to export the regulated chemical. (b) If the EPA action that prompts the notice is a proposed rule, the requirement to submit export notices to EPA shall begin thirty days after publication of the action in the Federal Register . (c) Export notices must be submitted via CDX, using the TSCA section 12(b) Export Notification Application or its successor. | |||
| 40:40:33.0.1.1.6.4.1.4 | 40 | Protection of Environment | I | R | 707 | PART 707—CHEMICAL IMPORTS AND EXPORTS | D | Subpart D—Notices of Export Under Section 12(b) | § 707.67 Contents of notice. | EPA | [45 FR 82850, Dec. 16, 1980, as amended at 71 FR 66245, Nov. 14, 2006; 88 FR 37172, June 7, 2023] | The notice to EPA shall include: (a) The name of the regulated chemical as it appears in the TSCA section 4, 5, 6, and/or 7 action. For substances on the confidential portion of the TSCA Inventory, the substance must be identified by generic name and accession number, or by any other non-confidential identifier under which it is listed on the TSCA section 12(b) reporting list maintained by EPA and available in the TSCA section 12(b) Export Notification Application described in § 707.65(c). If a category is regulated, the name of the individual regulated chemical within that category, as well as the category, must be given. The name must be that which appears in the TSCA Inventory if the chemical appears there. (b) The name and address of the exporter. (c) The country (countries) of import. (d) The date(s) of export or intended export. (e) The section (4, 5, 6, and/or 7) of TSCA under which EPA has taken action. | |||
| 40:40:33.0.1.1.6.4.1.5 | 40 | Protection of Environment | I | R | 707 | PART 707—CHEMICAL IMPORTS AND EXPORTS | D | Subpart D—Notices of Export Under Section 12(b) | § 707.70 EPA notice to foreign governments. | EPA | [45 FR 82850, Dec. 16, 1980, as amended at 58 FR 40242, July 27, 1993; 71 FR 66245, Nov. 14, 2006] | (a)(1) Notice by EPA to the importing country shall be sent no later than 5 working days after receipt by the TSCA Document Processing Center of the first annual notification from any exporter for each chemical substance or mixture that is the subject of an order issued, an action that is pending, or relief that has been granted under TSCA section 5(f), a rule that has been proposed or promulgated under TSCA section 6, or an action that is pending or relief that has been granted under TSCA section 7. (2) Notice by EPA to the importing country shall be sent no later than 5 working days after receipt by the TSCA Document Processing Center of the first notification from any exporter for each chemical substance or mixture that is the subject of an order issued, an action that is pending, or relief that has been granted under TSCA section 5(e), a rule that has been proposed or promulgated under TSCA section 5(a)(2), or for which the submission of data is required under TSCA section 4 or 5(b). (b) Notices shall: (1) Identify the regulated chemical. (2) Summarize the regulatory action taken, or indicate the availability of data under section 4 or 5(b) of TSCA. (3) Identify an EPA official to contact for further information. (4) Include a copy of the pertinent Federal Register notice. (c) Notices shall be sent to the country's ambassador in Washington, DC, or other official designated by the foreign government, and to the United States Department of State. | |||
| 40:40:33.0.1.1.6.4.1.6 | 40 | Protection of Environment | I | R | 707 | PART 707—CHEMICAL IMPORTS AND EXPORTS | D | Subpart D—Notices of Export Under Section 12(b) | § 707.72 Termination of reporting requirements. | EPA | [52 FR 21437, June 5, 1987] | (a) The reporting requirements of subpart D of this part are terminated for certain specific chemical substances and mixtures as set forth in this paragraph. (1) When data required under part 766 of this chapter have been submitted to EPA for a specific chemical substance produced by a specific process, and the data show no positive test result as defined in § 766.3 of this chapter, reporting is no longer required by persons who export or intend to export that substance produced by that process. (2) [Reserved] (b) [Reserved] | |||
| 40:40:33.0.1.1.6.4.1.7 | 40 | Protection of Environment | I | R | 707 | PART 707—CHEMICAL IMPORTS AND EXPORTS | D | Subpart D—Notices of Export Under Section 12(b) | § 707.75 Confidentiality. | EPA | [45 FR 82850, Dec. 16, 1980, as amended at 88 FR 37172, June 7, 2023] | (a) A person may assert a claim of confidentiality for any information which is submitted to EPA in a notice. (b) Any claim of confidentiality must accompany the information at the time it is submitted to EPA. In the notice, the submitter must clearly identify the information that is claimed confidential by marking the specific information on each page with a label such as “confidential business information”, “proprietary”, or “trade secret”. (c) Notwithstanding any claim of confidentiality, information outlined in § 707.70 will be included in the EPA notice to the foreign government. With this exception, EPA will disclose information that is covered by a claim of confidentiality asserted in accordance with this section only to the extent permitted by, and in accordance with, the procedures set forth in TSCA and part 2 of this chapter. (d) Claims of confidentiality must be made in accordance with the procedures described in 40 CFR part 703. | |||
| 7:7:7.1.1.1.3.0.1.1 | 7 | Agriculture | VII | A | 707 | PART 707—PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT | § 707.1 Applicability. | FSA | This part applies to all programs in title 7 of the Code of Federal Regulations which are administered by the Farm Service Agency under which payments are made to eligible program participants. This part also applies to all other programs to which this part is applicable by the individual program regulations. | ||||||
| 7:7:7.1.1.1.3.0.1.2 | 7 | Agriculture | VII | A | 707 | PART 707—PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT | § 707.2 Definitions. | FSA | “Person” when relating to one who dies, disappears, or becomes incompetent, prior to receiving payment, means a person who has earned a payment in whole or in part pursuant to any of the programs to which this part is applicable. “Children” shall include legally adopted children who shall be entitled to share in any payment in the same manner and to the same extent as legitimate children of natural parents. “Brother” or “sister”, when relating to one who, pursuant to the regulations in this part, is eligible to apply for the payment which is due a person who dies, disappears, or becomes incompetent prior to the receipt of such payment, shall include brothers and sisters of the half blood who shall be considered the same as brothers and sisters of the whole blood. “Payment” means a payment by draft, check or certificate pursuant to any of the Programs to which this part is applicable. Payments shall not be considered received for the purposes of this part until such draft, check or certificate has been negotiated or used. | ||||||
| 7:7:7.1.1.1.3.0.1.3 | 7 | Agriculture | VII | A | 707 | PART 707—PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT | § 707.3 Death. | FSA | [30 FR 6246, May 5, 1965, as amended at 75 FR 81835, Dec. 29, 2010] | (a) Where any person who would otherwise be eligible to receive a payment dies before the payment is received, payment may be released in accordance with this section so long as, and only if, a timely program application has been filed by the deceased before the death or filed in a timely way before or after the death by a person legally authorized to act for the deceased. Timeliness will be determined under the relevant program regulations. All program conditions for payment under the relevant program regulations must have been met for the deceased to be considered otherwise eligible for the payment. However, the payment will not be made under this section unless, in addition, a separate release application is filed in accordance with § 707.7. If these conditions are met, payment may be released without regard to the claims of creditors other than the United States, in accordance with the following order of precedence: (1) To the administrator or executor of the deceased person's estate. (2) To the surviving spouse, if there is no administrator or executor and none is expected to be appointed, or if an administrator or executor was appointed but the administration of the estate is closed (i) prior to application by the administrator or executor for such payment or (ii) prior to the time when a check, draft, or certificate issued for such payment to the administrator or executor is negotiated or used. (3) If there is no surviving spouse, to the sons and daughters in equal shares. Children of a deceased son or daughter of a deceased person shall be entitled to their parent's share of the payment, share and share alike. If there are no surviving direct descendants of a deceased son or daughter of such deceased person, the share of the payment which otherwise would have been made to such son or daughter shall be divided equally among the surviving sons and daughters of such deceased person and the estates of any deceased sons or daughters where there are surviving direct descendants. (4) If there is no surviving… | |||||
| 7:7:7.1.1.1.3.0.1.4 | 7 | Agriculture | VII | A | 707 | PART 707—PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT | § 707.4 Disappearance. | FSA | [30 FR 6246, May 5, 1965, as amended at 75 FR 81835, Dec. 29, 2010] | (a) Where any person who would otherwise be eligible to receive a payment disappears before the payment is received, payment may be released in accordance with this section so long as, and only if, a timely program application has been filed by that person before the disappearance or filed timely before or after the disappearance by someone legally authorized to act for the person involved. Timeliness will be determined under the relevant program regulations. All program conditions for payment under the relevant program regulations must have been met for the person involved to be considered otherwise eligible for the payment. However, the payment will not be made unless, in addition, a separate release application is filed in accordance with § 707.7. If these conditions are met, payment may be released without regard to the claims of creditors other than the United States, in accordance with the following order of precedence: (1) The conservator or liquidator of his estate, if one be duly appointed. (2) The spouse. (3) An adult son or daughter or grandchild for the benefit of his estate. (4) The mother or father for the benefit of his estate. (5) An adult brother or sister for the benefit of his estate. (6) Such person as may be authorized under State law to receive payment for the benefit of his estate. (b) A person shall be deemed to have disappeared if (1) he has been missing for a period of more than 3 months, (2) a diligent search has failed to reveal his whereabouts, and (3) such person has not communicated during such period with other persons who would be expected to have heard from him. Evidence of such disappearance must be presented to the county committee in the form of a statement executed by the person making the application for payment, setting forth the above facts, and must be substantiated by a statement from a disinterested person who was well acquainted with the person who has disappeared. | |||||
| 7:7:7.1.1.1.3.0.1.5 | 7 | Agriculture | VII | A | 707 | PART 707—PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT | § 707.5 Incompetency. | FSA | [75 FR 81836, Dec. 30, 2010] | (a) Where any person who would otherwise be eligible to receive a payment is adjudged incompetent by a court of competent jurisdiction before the payment is received, payment may be released in accordance with this section so long as, and only if, a timely and binding program application has been filed by the person involved while capable or by someone legally authorized to file an application for the person involved. Timeliness is determined under the relevant program regulations. In all cases, the payment application must have been timely under the relevant program regulations and all program conditions for payment must have been met by or on behalf of the person involved. However, the payment will not be made unless, in addition, a separate release application is filed in accordance with § 707.7. If these conditions are met, payment may be released without regard to the claims of creditors other than the United States, to the guardian or committee legally appointed for the person involved. In case no guardian or committee had been appointed, payment, if for not more than $1,000, may be released without regard to claims of creditors other than the United States, to one of the following in the following order for the benefit of the person who was the subject of the adjudication: (1) The spouse. (2) An adult son, daughter, or grandchild. (3) The mother or father. (4) An adult brother or sister. (5) Such person as may be authorized under State law to receive payment for the person (see standard procedure prescribed for the respective region). (b) In case payment is more than $1,000, payment may be released only to such person as may be authorized under State law to receive payment for the incompetent, so long as all conditions for other payments specified in paragraph (a) of this section and elsewhere in the applicable regulations have been met. Those requirements include the filing of a proper and timely and legally authorized program application by or for the person adjudged incompetent. The release of fun… | |||||
| 7:7:7.1.1.1.3.0.1.6 | 7 | Agriculture | VII | A | 707 | PART 707—PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT | § 707.6 Death, disappearance, or incompetency of one eligible to apply for payment pursuant to the regulations in this part. | FSA | [30 FR 6246, May 5, 1965, as amended at 75 FR 81836, Dec. 29, 2010] | In case any person entitled to apply for a release of a payment pursuant to the provisions of § 707.3, § 707.4, § 707.5, or this section, dies, disappears, or is adjudged incompetent, as the case may be, after he has applied for such payment but before the payment is received, payment may be made upon proper application therefor, without regard to claims of creditors other than the United States, to the person next entitled thereto in accordance with the order of precedence set forth in § 707.3, § 707.4, or § 707.5, as the case may be. | |||||
| 7:7:7.1.1.1.3.0.1.7 | 7 | Agriculture | VII | A | 707 | PART 707—PAYMENTS DUE PERSONS WHO HAVE DIED, DISAPPEARED, OR HAVE BEEN DECLARED INCOMPETENT | § 707.7 Release application. | FSA | [30 FR 6246, May 5, 1965, as amended at 75 FR 81836, Dec. 29, 2010] | No payment may be made under this part unless a proper program application was filed in accordance with the rules for the program that generated the payment. That application must have been timely and filed by someone legally authorized to act for the deceased, disappeared, or declared-incompetent person. The filer can be the party that earned the payment themselves—such as the case of a person who filed a program application before they died—or someone legally authorized to act for the party that earned the payment. All program conditions for payment must have been met before the death, disappearance, or incompetency except for the timely filing of the application for payment by the person legally authorized to act for the party earning the payment. But, further, for the payment to be released under the rules of this part, a second application must be filed. That second application is a release application filed under this section. In particular, as to the latter, where all other conditions have been met, persons desiring to claim payment for themselves or an estate in accordance with this part 707 must do so by filing a release application on Form FSA-325, “Application for Payment of Amounts Due Persons Who Have Died, Disappeared or Have Been Declared Incompetent.If the person who died, disappeared, or was declared incompetent did not apply for payment by filing the applicable program application for payment form, such program application for payment must also be filed in accordance with applicable regulations. If the payment is made under the Naval Stores Conservation Program, Part II of the Form FSA-325 shall be executed by the local District Supervisor of the U.S. Forest Service. In connection with applications for payment under all other programs itemized in § 707.1, Form FSA-325, and program applications for payments where required, shall be filed with the FSA county office where the person who earned the payment would have been required to file his application. |
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