cfr_sections
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59 rows where part_number = 710 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 10:10:5.0.2.5.6.1.5.1 | 10 | Energy | III | 710 | A | Subpart A—General Provisions | § 710.1 Purpose. | DOE | [89 FR 59595, July 23, 2024] | (a) This part establishes the procedures for determining the eligibility of individuals described in § 710.2 for access to classified matter or special nuclear material, pursuant to the Atomic Energy Act of 1954, or for access to national security information in accordance with E.O. 13526 (Classified National Security Information), or eligibility to hold a sensitive position pursuant to E.O. 13467 (Reforming Processes Related to Suitability for Government Employment, Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information). (b) This part implements: E.O. 12968, 60 FR 40245 (August 2, 1995), as amended; E.O. 13526, 75 FR 707 (January 5, 2010) as amended; E.O. 10865, 25 FR 1583 (February 24, 1960), as amended; E.O. 13467, 73 FR 38103 (June 30, 2008) as amended; and the National Security Adjudicative Guidelines, issued as SEAD 4, by the Director of National Intelligence on December 10, 2016, or successor directive. | |||||
| 10:10:5.0.2.5.6.1.5.2 | 10 | Energy | III | 710 | A | Subpart A—General Provisions | § 710.2 Scope. | DOE | [89 FR 59595, July 23, 2024] | (a) The procedures outlined in this part apply to determinations of eligibility for access authorization or eligibility to hold a sensitive position for: (1) Employees (including consultants) of, and applicants for employment with, contractors and agents of the DOE; (2) Access permittees of the DOE and their employees (including consultants) and applicants for employment; (3) Employees (including consultants) of, and applicants for employment with, the DOE; and (4) Other persons designated by the Secretary of Energy. (b) To the extent the procedures in this part apply to determinations of eligibility for access to classified information or special nuclear material, they shall also apply to determinations of eligibility to hold a sensitive position, except as specifically noted. | |||||
| 10:10:5.0.2.5.6.1.5.3 | 10 | Energy | III | 710 | A | Subpart A—General Provisions | § 710.3 [Reserved] | DOE | |||||||
| 10:10:5.0.2.5.6.1.5.4 | 10 | Energy | III | 710 | A | Subpart A—General Provisions | § 710.4 Policy. | DOE | [89 FR 59595, July 23, 2024] | (a) It is the policy of DOE to provide for the security of its programs in a manner consistent with traditional American concepts of justice and fairness. To this end, the Secretary has established procedures that will afford those individuals described in § 710.2 the opportunity for administrative review of questions concerning their eligibility for access authorization or eligibility to hold a sensitive position. (b) It is also the policy of DOE that none of the procedures established for determining eligibility for access authorization or eligibility to hold a sensitive position shall be used for an improper purpose, including any attempt to coerce, restrain, threaten, intimidate, or retaliate against individuals for exercising their rights under any statute, regulation or DOE directive. Any DOE officer or employee violating, or causing the violation of this policy, shall be subject to appropriate disciplinary action. | |||||
| 10:10:5.0.2.5.6.1.5.5 | 10 | Energy | III | 710 | A | Subpart A—General Provisions | § 710.5 Definitions. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 89 FR 59595, July 23, 2024] | (a) As used in this part: Access authorization means an administrative determination that an individual is eligible for access to classified matter or is eligible for access to, or control over, special nuclear material. Administrative Judge means a DOE attorney appointed by the Director, Office of Hearings and Appeals, pursuant to § 710.25 of this part. An Administrative Judge shall be a U.S. citizen and shall hold a Q access authorization. Classified matter means the material of thought or expression that is classified pursuant to statute or Executive Order. Continuous vetting means reviewing the background of an individual described in § 710.2(a)(1) through (4) at any time to determine whether that individual continues to meet applicable requirements for access authorization or a sensitive position. Director means the Director, DOE Office of Departmental Personnel Security. DOE Counsel means a DOE attorney assigned to represent DOE in proceedings under this part. DOE Counsel shall be a U.S. citizen and shall hold a Q access authorization. Local Director of Security means the individual with primary responsibility for safeguards and security at the Idaho Operations Office; for the Office of Environmental Management (EM), the individual(s) designated in writing by the Senior Advisor, or delegee; for the Office of Science (SC), the individual designated in writing by the Deputy Director for Operations; for Naval Reactors, the individual(s) designated under the authority of the Director, Security Naval Nuclear Propulsion Program; for the National Nuclear Security Administration (NNSA), the individual(s) designated in writing by the Chief, Defense Nuclear Security; and for DOE Headquarters cases the Director, Office of Headquarters Personnel Security Operations. Manager means the senior Federal official at the Idaho, Richland (to include the Office of River Protection) Operations Offices; for the Office of Environmental Management, the individual(s) designated in writing by the Senior Advisor, or de… | |||||
| 10:10:5.0.2.5.6.2.5.1 | 10 | Energy | III | 710 | B | Subpart B—Eligibility for Access to Classified Matter or Special Nuclear Material | § 710.6 Cooperation by the individual. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 89 FR 59596, July 23, 2024] | (a)(1) It is the responsibility of the individual to provide full, frank, and truthful answers to DOE's relevant and material questions, and when requested, to furnish or authorize others to furnish information that the DOE deems pertinent to the individual's eligibility for access authorization. This obligation to cooperate applies when completing security forms, during the course of a personnel security background investigation, reinvestigation or continuous vetting, and at any stage of DOE's processing of the individual's access authorization request, including but not limited to, personnel security consultations, DOE-sponsored mental health evaluations, and other authorized DOE actions under this part. The individual may elect not to cooperate; however, such refusal may prevent DOE from reaching an affirmative finding required for granting or continuing the access authorization. In this event, for incumbents any access authorization then in effect may be administratively withdrawn or, for applicants, further processing may be administratively terminated. (2) It is the responsibility of an individual subject to 10 CFR 709.3(d) to consent to and take a polygraph examination required by part 709. A refusal to consent to or take such an examination may prevent DOE from reaching an affirmative finding required for continuing access authorization. In this event, any access authorization then in effect may be administratively withdrawn. (b) If the individual believes that the provisions of paragraph (a) of this section have been inappropriately applied, the individual may file a written appeal of the action with the Director within 30 calendar days of the date the individual was notified of the action. (c) Upon receipt of the written appeal, the Director shall conduct an inquiry as to the circumstances involved in the action and shall, within 30 calendar days of receipt of the written appeal, notify the individual, in writing, of their decision. If the Director determines that the action was inappropriate, the Di… | |||||
| 10:10:5.0.2.5.6.2.5.2 | 10 | Energy | III | 710 | B | Subpart B—Eligibility for Access to Classified Matter or Special Nuclear Material | § 710.7 Application of the National Security Adjudicative Guidelines. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 82 FR 57107, Dec. 4, 2017; 89 FR 59596, July 23, 2024] | (a) The decision on an access authorization request is a comprehensive, common-sense judgment, made after consideration of all relevant information, favorable and unfavorable, as to whether the granting or continuation of access authorization will not endanger the common defense and security and is clearly consistent with the national interest. Any doubt as to an individual's access authorization eligibility shall be resolved in favor of the national security. (b) All such determinations shall be based upon the application of the National Security Adjudicative Guidelines (Adjudicative Guidelines), or any successor national standard issued under authority of the President. (c) Each Adjudicative Guideline sets forth a series of concerns that may create a doubt regarding an individual's eligibility for access authorization. In resolving these concerns, all DOE officials involved in the decision-making process shall consider: The nature, extent, and seriousness of the conduct; the circumstances surrounding the conduct, to include knowledgeable participation; the frequency and recency of the conduct; the age and maturity of the individual at the time of the conduct; the voluntariness of participation; the absence or presence of rehabilitation or reformation and other pertinent behavioral changes; the motivation for the conduct; the potential for pressure, coercion, exploitation, or duress; the likelihood of continuation or recurrence; and other relevant and material factors. (d) If the investigative results report of an individual or other reliable information tend to establish the validity and significance of one or more areas of concern as set forth in the Adjudicative Guidelines, such information shall be regarded as derogatory and create a question as to the individual's access authorization eligibility. Absent any derogatory information, a favorable determination will be made as to access authorization eligibility. | |||||
| 10:10:5.0.2.5.6.2.5.3 | 10 | Energy | III | 710 | B | Subpart B—Eligibility for Access to Classified Matter or Special Nuclear Material | § 710.8 Action on derogatory information. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 88 FR 41292, June 26, 2023; 89 FR 59596, July 23, 2024] | (a) If a question arises as to the individual's access authorization eligibility, the Local Director of Security shall authorize the conduct of a consultation with the individual, or other appropriate actions and, on the basis of the results of such consultation or actions, may authorize the granting of the individual's access authorization. If, in the opinion of the Local Director of Security, the question as to the individual's access authorization eligibility has not been favorably resolved, the Local Director of Security shall submit the matter to the Manager with a recommendation that authority be obtained to process the individual's case under administrative review procedures set forth in this part. (b) If the Manager agrees that unresolved derogatory information is present and that appropriate attempts to resolve such derogatory information have been unsuccessful, the Manager shall notify the Director of the proposal to conduct an administrative review proceeding, accompanied by an explanation of the security concerns and a duplicate Personnel Security File. If the Manager believes that the derogatory information has been favorably resolved, the Manager shall direct that access authorization be granted for the individual. The Manager may also direct the Local Director of Security to obtain additional information prior to deciding whether to grant the individual access authorization or to submit a request for authority to conduct an administrative review proceeding. A decision in the matter shall be rendered by the Manager within 10 calendar days of its receipt. (c) Upon receipt of the Manager's notification, the Director shall review the matter and confer with the Manager on: (1) The institution of administrative review proceedings set forth in §§ 710.20 through 710.30; (2) The granting of access authorization; or (3) Other actions as the Director deems appropriate. (d) The Director shall act pursuant to one of these options within 30 calendar days of receipt of the Manager's notification unless an e… | |||||
| 10:10:5.0.2.5.6.2.5.4 | 10 | Energy | III | 710 | B | Subpart B—Eligibility for Access to Classified Matter or Special Nuclear Material | § 710.9 Suspension of access authorization. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 88 FR 41292, June 26, 2023; 89 FR 59596, July 23, 2024] | (a) If derogatory information is received, the Local Director of Security shall authorize action(s), to be taken on an expedited basis, to resolve the question pursuant to § 710.8(a). If the question as to the individual's continued access authorization eligibility is not resolved in favor of the individual, the Local Director of Security shall submit the matter to the Manager with the recommendation that the individual's access authorization be suspended pending the final determination resulting from the procedures set forth in this part. (b) If the information received is determined to represent an immediate threat to national security or to the safety or security of a DOE facility or employee, or is determined to be so serious in nature that action(s) to resolve the matter as set forth in § 710.8(b) are not practical or advisable, the Local Director of Security shall immediately submit the matter to the Manager with a recommendation that the individual's access authorization be suspended pending the final determination resulting from the procedures set forth in this part. The Manager shall either authorize the immediate suspension of access authorization, or shall direct the Local Director of Security to take action(s) as set forth in § 710.8(b), in an expedited manner, to resolve the matter. (c) The Manager shall, within two working days of receipt of the recommendation from the Local Director of Security to suspend the individual's DOE access authorization: (1) Approve the suspension of access authorization; or (2) Direct the continuation of access authorization, or (3) Take or direct other such action(s) as the Manager deems appropriate. (d) Upon suspension of an individual's access authorization pursuant to paragraph (c)(1) of this section, the individual, the individual's employer, any other DOE office or program having an access authorization interest in the individual, and, if known, any other government agency where the individual holds an access authorization, security clearance, or access appro… | |||||
| 10:10:5.0.2.5.6.3.5.1 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.20 Purpose of administrative review. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 89 FR 59596, July 23, 2024] | These procedures govern the conduct of the administrative review of questions concerning an individual's eligibility for access authorization when it is determined that such questions cannot be favorably resolved by consultation or other action. | |||||
| 10:10:5.0.2.5.6.3.5.10 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.29 Final appeal process. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 88 FR 41292, June 26, 2023; 89 FR 59597, July 23, 2024] | (a) The Appeal Panel shall be convened by the Deputy Director for Security, Office of Environment, Health, Safety and Security to review and render a final decision in access authorization eligibility cases referred by the individual, the Manager, or the Director in accordance with §§ 710.22 or 710.28. (b) The Appeal Panel shall consist of three members, each of whom shall be a DOE Headquarters employee, a United States citizen, and hold a DOE Q access authorization. The Deputy Director for Security, Office of Environment, Health, Safety and Security shall serve as a permanent member of the Appeal Panel and as the Appeal Panel Chair. The second member of the Appeal Panel shall be a DOE attorney designated by the General Counsel. The head of the DOE Headquarters element which has cognizance over the individual whose access authorization eligibility is being considered may designate an employee to act as the third member on the Appeal Panel; otherwise, the third member shall be designated by the Chair. Only one member of the Appeal Panel shall be from the security field. (c) In filing a written request for a review by the Appeal Panel in accordance with §§ 710.22 and 710.28, the individual, or their counsel or other representative, shall identify the issues upon which the appeal is based. The written request, and any response, shall be made a part of the administrative record. The Director shall provide staff support to the Appeal Panel as requested by the Chair. (d) Within 15 calendar days of the receipt of the request for review of a case by the Appeal Panel, the Chair shall arrange for the Appeal Panel members to convene and review the administrative record or provide a copy of the administrative record to the Appeal Panel members for their independent review. (e) The Appeal Panel shall consider only that evidence and information in the administrative record at the time of the Manager's or the Administrative Judge's initial decision. (f) Within 45 calendar days of receipt of the administrative record, the A… | |||||
| 10:10:5.0.2.5.6.3.5.11 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.30 Action by the Secretary. | DOE | (a) Whenever an individual has not been afforded an opportunity to cross-examine witnesses who have furnished information adverse to the individual under the provisions of §§ 710.26(l) or (o), the Secretary may issue a final decision to deny or revoke access authorization for the individual after personally reviewing the administrative record and any additional material provided by the Chair. The Secretary's authority may, in accordance with applicable provisions of Executive Order 12968, be delegated to the Deputy Secretary where the effected individual is a Federal employee. The Secretary's authority, in accordance with applicable provisions of Executive Order 10865, may not be delegated where the effected individual is a contractor employee. This authority may be exercised only when the Secretary determines that the circumstances described in § 710.26(l) or (o) are present, and such determination shall be final and not subject to review or appeal. (b) Whenever the Secretary issues a final decision as to an individual's access authorization eligibility, the individual and other concerned parties shall be notified in writing by the Chair of that decision and of the Secretary's findings with respect to each instance of derogatory information contained in the notification letter and each substantial issue identified in the statement in support of the request for review to the extent allowed by the national security. (c) Nothing contained in these procedures shall be deemed to limit or affect the responsibility and powers of the Secretary to issue subpoenas or to deny or revoke access to classified matter or special nuclear material. | ||||||
| 10:10:5.0.2.5.6.3.5.12 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.31 Reconsideration of access eligibility. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 88 FR 41292, June 26, 2023; 89 FR 59597, July 23, 2024] | (a) If, pursuant to the procedures set forth in §§ 710.20 through 710.30, the Manager, Administrative Judge, Appeal Panel, or the Secretary has made a decision granting or reinstating an individual's access authorization, eligibility shall be reconsidered as a new administrative review under the procedures set forth in this part when previously unconsidered derogatory information is identified, or the individual violates a commitment upon which the DOE previously relied to favorably resolve an issue of access authorization eligibility. (b) If, pursuant to the procedures set forth in §§ 710.20 through 710.31, the Manager, Administrative Judge, Appeal Panel, or the Secretary has made a decision denying or revoking the individual's access authorization, eligibility may be reconsidered only when the individual so requests in writing, when there is a bona fide offer of employment requiring access authorization, and when there is either material and relevant new evidence which the individual and the individual's representatives were without fault in failing to present earlier, or convincing evidence of rehabilitation or reformation. (1) A request for reconsideration shall be accepted when a minimum of one year has elapsed since the date of the Manager's, Administrative Judge's, Appeal Panel's or Secretary's final decision, or of a previous denial of reconsideration. Requests must be submitted in writing to the Deputy Director for Security, Office of Environment, Health, Safety and Security, and must include an affidavit setting forth in detail the new evidence or evidence of rehabilitation or reformation. (2) If the Deputy Director for Security, Office of Environment, Health, Safety and Security approves the request for reconsideration of an individual's access authorization eligibility, he/she shall so notify the individual, and shall direct the Manager to take appropriate actions to determine whether the individual is eligible for access authorization. (3) If the Deputy Director for Security, Office of Environmen… | |||||
| 10:10:5.0.2.5.6.3.5.2 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.21 Notice to the individual. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 89 FR 59596, July 23, 2024] | (a) Unless an extension is authorized in writing by the Director, within 30 calendar days of receipt of authority to institute administrative review procedures, the Manager shall prepare and deliver to the individual a notification letter approved by the local Office of Chief Counsel, or the Office of the General Counsel for Headquarters cases. Where practicable, the letter shall be delivered to the individual in person. (b) The letter shall state: (1) That reliable information in the possession of DOE has created a substantial doubt concerning the individual's eligibility for access authorization. (2) The information which creates a substantial doubt regarding the individual's access authorization eligibility (which shall be as comprehensive and detailed as the national security permits) and why that information creates such doubt. (3) That the individual has the option to have the substantial doubt regarding eligibility for access authorization resolved in one of two ways: (i) By the Manager, without a hearing, on the basis of the existing information in the case; or (ii) By personal appearance before an Administrative Judge (a “hearing”). (4) That, if the individual desires a hearing, the individual must, within 20 calendar days of the date of receipt of the notification letter, make a written request for a hearing to the Manager from whom the letter was received. (5) That the individual may also file with the Manager the individual's written answer to the reported information which raises the question of the individual's eligibility for access authorization, and that, if the individual requests a hearing without filing a written answer, the request shall be deemed a general denial of all of the reported information. (6) That, if the individual so requests, a hearing shall be scheduled before an Administrative Judge, with due regard for the convenience and necessity of the parties or their representatives, for the purpose of affording the individual an opportunity of supporting his eligibility for acc… | |||||
| 10:10:5.0.2.5.6.3.5.3 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.22 Initial decision process. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 89 FR 59596, July 23, 2024] | (a) The Manager shall make an initial decision as to the individual's access authorization eligibility based on the existing information in the case if: (1) The individual fails to respond to the notification letter by filing a timely written request for a hearing before an Administrative Judge or fails to respond to the notification letter after requesting an extension of time to do so; (2) The individual's response to the notification letter does not request a hearing before an Administrative Judge; or (3) The Administrative Judge refers the individual's case to the Manager in accordance with § 710.25(e) or § 710.26(b). (b) Unless an extension of time is granted by the Director, the Manager's initial decision as to the individual's access authorization eligibility shall be made within 15 calendar days of the date of receipt of the information in paragraph (a) of this section. The Manager shall either grant or deny, or reinstate or revoke, the individual's access authorization. (c) A letter reflecting the Manager's initial decision shall be signed by the Manager and delivered to the individual within 15 calendar days of the date of the Manager's decision unless an extension of time is granted by the Director. If the Manager's initial decision is unfavorable to the individual, the individual shall be advised: (1) Of the Manager's unfavorable decision and the reason(s) therefor; (2) That within 30 calendar days from the date of receipt of the letter, the individual may file a written request for a review of the Manager's initial decision, through the Director, to the DOE Headquarters Appeal Panel (Appeal Panel); (3) That the Director may, for good cause shown, at the written request of the individual, extend the time for filing a written request for a review of the case by the Appeal Panel; and (4) That if the written request for a review of the Manager's initial decision by the Appeal Panel is not filed within 30 calendar days of the individual's receipt of the Manager's letter, or by the date to which t… | |||||
| 10:10:5.0.2.5.6.3.5.4 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.23 Extensions of time by the manager. | DOE | The Manager may, for good cause shown, at the written request of the individual, extend the time for filing a written request for a hearing, and/or the time for filing a written answer to the matters contained in the notification letter. The Manager shall notify the Director, in writing, when such extensions have been approved. | ||||||
| 10:10:5.0.2.5.6.3.5.5 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.24 Appointment of DOE Counsel. | DOE | (a) Upon receipt from the individual of a written request for a hearing, a DOE attorney shall forthwith be assigned by the Manager to act as DOE Counsel. (b) DOE Counsel is authorized to consult directly with the individual if he/she is not represented by counsel, or with the individual's counsel or other representative if so represented, to clarify issues and reach stipulations with respect to testimony and contents of documents and physical evidence. Such stipulations shall be binding upon the individual and the DOE Counsel for the purposes of this part. | ||||||
| 10:10:5.0.2.5.6.3.5.6 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.25 Appointment of Administrative Judge; prehearing conference; commencement of hearings. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 89 FR 59596, July 23, 2024] | (a) Upon receipt of a request for a hearing, the Manager shall in a timely manner transmit that request to the Office of Hearings and Appeals, and identify the DOE Counsel. The Manager shall at the same time transmit a copy of the notification letter and the individual's response to the Office of Hearings and Appeals. (b) Upon receipt of the hearing request from the Manager, the Director, Office of Hearings and Appeals, shall appoint, as soon as practicable, an Administrative Judge. (c) Immediately upon appointment, the Administrative Judge shall notify the individual and DOE Counsel of their identity and the address to which all further correspondence should be sent. (d) The Administrative Judge shall have all powers necessary to regulate the conduct of proceedings under this part, including, but not limited to, establishing a list of persons to receive service of papers, issuing subpoenas for witnesses to attend the hearing or for the production of specific documents or physical evidence, administering oaths and affirmations, ruling upon motions, receiving evidence, regulating the course of the hearing, disposing of procedural requests or similar matters, and taking other actions consistent with the regulations in this part. Requests for subpoenas shall be liberally granted except where the Administrative Judge finds that the issuance of subpoenas would result in evidence or testimony that is repetitious, incompetent, irrelevant, or immaterial to the issues in the case. The Administrative Judge may take sworn testimony, sequester witnesses, and control the dissemination or reproduction of any record or testimony taken pursuant to this part, including correspondence, or other relevant records or physical evidence including, but not limited to, information retained in computerized or other automated systems in possession of the subpoenaed person. (e) The Administrative Judge shall determine the day, time, and place for the hearing and shall decide whether the hearing will be conducted via video teleconferenci… | |||||
| 10:10:5.0.2.5.6.3.5.7 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.26 Conduct of hearings. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 89 FR 59597, July 23, 2024] | (a) In all hearings conducted under this part, the individual shall have the right to be represented by a person of their own choosing, at the individual's own expense. The individual is responsible for producing witnesses in their own behalf, including requesting the issuance of subpoenas, if necessary, or presenting testimonial, documentary, or physical evidence before the Administrative Judge to support the individual's defense to the derogatory information contained in the notification letter. With the exception of procedural or scheduling matters, the Administrative Judge is prohibited from initiating or otherwise engaging in ex parte discussions about the case during the pendency of proceedings under this part. (b) Unless the Administrative Judge finds good cause for deferring issuance of a decision, in the event that the individual unduly delays the hearing, such as by failure to meet deadlines set by the Administrative Judge, the record shall be closed, and an initial decision shall be made by the Manager on the basis of the record in the case per § 710.22(a)(3). (c) Hearings shall be open only to DOE Counsel, duly authorized representatives of DOE, the individual and the individual's counsel or other representatives, and such other persons as may be authorized by the Administrative Judge. Unless otherwise ordered by the Administrative Judge, witnesses shall testify in the presence of the individual but not in the presence of other witnesses. (d) DOE Counsel shall assist the Administrative Judge in establishing a complete administrative hearing record in the proceeding and bringing out a full and true disclosure of all facts, both favorable and unfavorable, having a bearing on the issues before the Administrative Judge. The individual shall be afforded the opportunity of presenting testimonial, documentary, and physical evidence, including testimony by the individual in the individual's own behalf. All witnesses shall be subject to cross-examination, if possible. (e) The Administrative Judge may ask… | |||||
| 10:10:5.0.2.5.6.3.5.8 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.27 Administrative Judge's decision. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 89 FR 59597, July 23, 2024] | (a) The Administrative Judge shall carefully consider the entire record of the proceeding and shall render a decision, within 30 calendar days of the receipt of the hearing transcript, as to whether granting or restoring the individual's access authorization would not endanger the common defense and security and would be clearly consistent with the national interest. In resolving a question concerning the eligibility of an individual for access authorization under these procedures, the Administrative Judge shall consider the factors stated in § 710.7(c) to determine whether the findings will be favorable or unfavorable. (b) In reaching the findings, the Administrative Judge shall consider the demeanor of the witnesses who have testified at the hearing, the probability or likelihood of the truth of their testimony, their credibility, and the authenticity and accuracy of documentary evidence, or lack of evidence on any material points in issue. If the individual is, or may be, prejudiced by the non-disclosure to the individual of undisclosed information or by lack of opportunity to cross-examine confidential informants, the Administrative Judge shall take that fact into consideration. The possible adverse impact of the loss of the individual's access authorization upon the DOE program in which the individual works shall not be considered by the Administrative Judge. (c) The Administrative Judge shall make specific findings based upon the record as to the validity of each instance of derogatory information contained in the notification letter and the significance which the Administrative Judge attaches to it. These findings shall be supported fully by a statement of reasons which constitute the basis for such findings. (d) The Administrative Judge's decision shall be based on the Administrative Judge's findings of fact. If, after considering all of the factors set forth in § 710.7(c) in light of the Adjudicative Guidelines, the Administrative Judge is of the opinion that it will not endanger the common defense an… | |||||
| 10:10:5.0.2.5.6.3.5.9 | 10 | Energy | III | 710 | C | Subpart C—Administrative Review | § 710.28 Action on the Administrative Judge's decision. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 88 FR 41292, June 26, 2023; 89 FR 59597, July 23, 2024] | (a) Within 10 calendar days of receipt of the decision and the administrative record, unless an extension of time is granted by the Director, the Manager shall: (1) Notify the individual in writing of the Administrative Judge's decision; (2) Advise the individual in writing of the appeal procedures available to the individual in paragraph (b) of this section if the decision is unfavorable to the individual; (3) Advise the individual in writing of the appeal procedures available to the Manager and the Director in paragraph (c) of this section if the decision is favorable to the individual; and (4) Provide the individual and/or their counsel or other representative a copy of the Administrative Judge's decision and the administrative record. (b) If the Administrative Judge's decision is unfavorable to the individual: (1) The individual may file with the Director a written request for further review of the decision by the Appeal Panel along with a statement required by paragraph (e) of this section within 30 calendar days of the individual's receipt of the Manager's notice; (2) The Director may, for good cause shown, extend the time for filing a request for further review of the decision by the Appeal Panel at the written request of the individual, provided the request for an extension of time is filed by the individual within 30 calendar days of receipt of the Manager's notice; (3) The Administrative Judge's decision shall be final and not subject to review or appeal if the individual does not: (i) File a written request for a review of the decision by the Appeal Panel or for an extension of time to file a written request for review of the decision by the Appeal Panel in accordance with paragraphs (b)(1) or (b)(2) of this section, or (ii) File a written request for review of the decision by the Appeal Panel after having been granted an extension of time to do so. (c) If the Administrative Judge's decision is favorable to the individual: (1) The Manager, with the concurrence of the Director, shall grant o… | |||||
| 10:10:5.0.2.5.6.4.5.1 | 10 | Energy | III | 710 | D | Subpart D—Miscellaneous | § 710.32 Terminations. | DOE | (a) If the individual is no longer an applicant for access authorization or no longer requires access authorization, the procedures of this part shall be terminated without a final decision as to the individual's access authorization eligibility, unless a final decision has been rendered prior to the DOE being notified of the change in the individual's pending access authorization status. Where the procedures of this part have been terminated pursuant to this paragraph after an unfavorable initial agency decision as to the individual's access authorization eligibility has been rendered, any subsequent request for access authorization for the individual will be processed as a request for a review of the initial agency decision by the Appeal Panel and a final agency decision will be rendered pursuant to § 710.29, unless a minimum of one year has elapsed since the date of the initial agency decision. (b) With regard to applicants (individuals for whom DOE has not yet approved access authorization), DOE may administratively terminate processing an application for access authorization under the following circumstances: (1) If the applicant is currently the subject of criminal proceedings for a felony offense or an offense that is punishable by a term of imprisonment of one year or longer, or is awaiting or serving a form of probation, suspended or deferred sentencing, or parole. Once all judicial proceedings on the criminal charges have been finally resolved, and the term (if any) of imprisonment, probation, or parole has been completed, DOE processing of a request for access authorization shall resume upon receipt by DOE of a written request therefor, provided that the individual has a bona fide offer of employment requiring access authorization. (2) If sufficient information about the individual's background cannot be obtained to meet the investigative scope and extent requirements for the access authorization requested. (c) If an individual believes that the provisions of paragraph (b) of this section have been… | ||||||
| 10:10:5.0.2.5.6.4.5.2 | 10 | Energy | III | 710 | D | Subpart D—Miscellaneous | § 710.33 Time frames. | DOE | Statements of time established for processing aspects of a case under this part are the agency's desired time frames in implementing the procedures set forth in this part. However, failure to meet the time frames shall have no impact upon the final disposition of an access authorization by a Manager, Administrative Judge, the Appeal Panel, or the Secretary, and shall confer no procedural or substantive rights upon an individual whose access authorization eligibility is being considered. | ||||||
| 10:10:5.0.2.5.6.4.5.3 | 10 | Energy | III | 710 | D | Subpart D—Miscellaneous | § 710.34 Acting officials. | DOE | [81 FR 71335, Oct. 17, 2016, as amended at 88 FR 41292, June 26, 2023] | Except for the Secretary, the responsibilities and authorities conferred in this part may be exercised by persons who have been designated in writing as acting for, or in the temporary capacity of, the following DOE positions: The Local Director of Security; the Manager; the Director, or the General Counsel. The responsibilities and authorities of the Deputy Director for Security, Office of Environment, Health, Safety and Security may be exercised by persons in senior security-related positions within the Office of Environment, Health, Safety and Security who have been designated in writing as acting for, or in the temporary capacity of, the Deputy Director for Security, Office of Environment, Health, Safety and Security, with the approval of the Director, Office of Environment, Health, Safety and Security. | |||||
| 15:15:2.1.3.3.7.0.1.1 | 15 | Commerce and Foreign Trade | VII | B | 710 | PART 710—GENERAL INFORMATION AND OVERVIEW OF THE CHEMICAL WEAPONS CONVENTION REGULATIONS (CWCR) | § 710.1 Definitions of terms used in the Chemical Weapons Convention Regulations (CWCR). | BIS | [71 FR 24929, Apr. 27, 2006, as amended at 73 FR 78182, Dec. 22, 2008; 86 FR 940, Jan. 7, 2021] | The following are definitions of terms used in the CWCR (parts 710 through 729 of this subchapter, unless otherwise noted): Act (The). Means the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6701 et seq. ). Advance Notification. Means a notice informing BIS of a company's intention to export to or import from a State Party a Schedule 1 chemical. This advance notification must be submitted to BIS at least 45 days prior to the date of export or import (except for transfers of 5 milligrams or less of saxitoxin for medical/diagnostic purposes, which must be submitted to BIS at least 3 days prior to export or import). BIS will inform the company in writing of the earliest date the shipment may occur under the advance notification procedure. This advance notification requirement is imposed in addition to any export license requirements under the Department of Commerce's Export Administration Regulations (15 CFR parts 730 through 774) or the Department of State's International Traffic in Arms Regulations (22 CFR parts 120 through 130) or any import license requirements under the Department of Justice's Bureau of Alcohol, Tobacco, Firearms and Explosives Regulations (27 CFR part 447). Bureau of Industry and Security (BIS). Means the Bureau of Industry and Security of the United States Department of Commerce, including Export Administration and Export Enforcement. By-product. Means any chemical substance or mixture produced without a separate commercial intent during the manufacture, processing, use or disposal of another chemical substance or mixture. Chemical Weapon. Means the following, together or separately: (1) Toxic chemicals and their precursors, except where intended for purposes not prohibited under the Chemical Weapons Convention (CWC), provided that the type and quantity are consistent with such purposes; (2) Munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in paragraph (1) of this definiti… | |||||
| 15:15:2.1.3.3.7.0.1.2 | 15 | Commerce and Foreign Trade | VII | B | 710 | PART 710—GENERAL INFORMATION AND OVERVIEW OF THE CHEMICAL WEAPONS CONVENTION REGULATIONS (CWCR) | § 710.2 Scope of the CWCR. | BIS | The Chemical Weapons Convention Regulations (parts 710 through 729 of this subchapter), or CWCR, implement certain obligations of the United States under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, known as the CWC or Convention. (a) Persons and facilities subject to the CWCR. (1) The CWCR apply to all persons and facilities located in the United States, except the following U.S. Government facilities: (i) Department of Defense facilities; (ii) Department of Energy facilities; and (iii) Facilities of other U.S. Government agencies that notify the USNA of their decision to be excluded from the CWCR. (2) For purposes of the CWCR, “United States Government facilities” are those facilities owned and operated by a U.S. Government agency (including those operated by contractors to the agency), and those facilities leased to and operated by a U.S. Government agency (including those operated by contractors to the agency). “United States Government facilities” do not include facilities owned by a U.S. Government agency and leased to a private company or other entity such that the private company or entity may independently decide for what purposes to use the facilities. (b) Activities subject to the CWCR. The activities subject to the CWCR (parts 710 through 729 of this subchapter) are activities, including production, processing, consumption, exports and imports, involving chemicals further described in parts 712 through 715 of the CWCR. These do not include activities involving inorganic chemicals other than those listed in the Schedules of Chemicals, or other specifically exempted unscheduled discrete organic chemicals. | ||||||
| 15:15:2.1.3.3.7.0.1.3 | 15 | Commerce and Foreign Trade | VII | B | 710 | PART 710—GENERAL INFORMATION AND OVERVIEW OF THE CHEMICAL WEAPONS CONVENTION REGULATIONS (CWCR) | § 710.3 Purposes of the Convention and CWCR. | BIS | (a) Purposes of the Convention. (1) The Convention imposes upon the United States, as a State Party, certain declaration, inspection, and other obligations. In addition, the United States and other States Parties to the Convention undertake never under any circumstances to: (i) Develop, produce, otherwise acquire, stockpile, or retain chemical weapons, or transfer, directly or indirectly, chemical weapons to anyone; (ii) Use chemical weapons; (iii) Engage in any military preparations to use chemical weapons; or (iv) Assist, encourage or induce, in any way, anyone to engage in any activity prohibited by the Convention. (2) One objective of the Convention is to assure States Parties that lawful activities of chemical producers and users are not converted to unlawful activities related to chemical weapons. To achieve this objective and to give States Parties a mechanism to verify compliance, the Convention requires the United States and all other States Parties to submit declarations concerning chemical production, consumption, processing and other activities, and to permit international inspections within their borders. (b) Purposes of the Chemical Weapons Convention Regulations. To fulfill the United States' obligations under the Convention, the CWCR (parts 710 through 729 of this subchapter) prohibit certain activities, and compel the submission of information from all facilities in the United States, except for Department of Defense and Department of Energy facilities and facilities of other U.S. Government agencies that notify the USNA of their decision to be excluded from the CWCR on activities, including exports and imports of scheduled chemicals and certain information regarding unscheduled discrete organic chemicals as described in parts 712 through 715 of the CWCR. U.S. Government facilities are those owned by or leased to the U.S. Government, including facilities that are contractor-operated. The CWCR also require access for on-site inspections and monitoring by the OPCW, as described in parts 7… | ||||||
| 15:15:2.1.3.3.7.0.1.4 | 15 | Commerce and Foreign Trade | VII | B | 710 | PART 710—GENERAL INFORMATION AND OVERVIEW OF THE CHEMICAL WEAPONS CONVENTION REGULATIONS (CWCR) | § 710.4 Overview of scheduled chemicals and examples of affected industries. | BIS | The following provides examples of the types of industries that may be affected by the CWCR (parts 710 through 729 of this subchapter). These examples are not exhaustive, and you should refer to parts 712 through 715 of the CWCR to determine your obligations. (a) Schedule 1 chemicals are listed in supplement no. 1 to part 712 of the CWCR. Schedule 1 chemicals have little or no use in industrial and agricultural industries, but may have limited use for research, pharmaceutical, medical, public health, or protective purposes. (b) Schedule 2 chemicals are listed in supplement no. 1 to part 713 of the CWCR. Although Schedule 2 chemicals may be useful in the production of chemical weapons, they also have legitimate uses in areas such as: (1) Flame retardant additives and research; (2) Dye and photographic industries (e.g., printing ink, ball point pen fluids, copy mediums, paints, etc.); (3) Medical and pharmaceutical preparation (e.g., anticholinergics, arsenicals, tranquilizer preparations); (4) Metal plating preparations; (5) Epoxy resins; and (6) Insecticides, herbicides, fungicides, defoliants, and rodenticides. (c) Schedule 3 chemicals are listed in supplement no. 1 to part 714 of the CWCR. Although Schedule 3 chemicals may be useful in the production of chemical weapons, they also have legitimate uses in areas such as: (1) The production of: (i) Resins; (ii) Plastics; (iii) Pharmaceuticals; (iv) Pesticides; (v) Batteries; (vi) Cyanic acid; (vii) Toiletries, including perfumes and scents; (viii) Organic phosphate esters (e.g., hydraulic fluids, flame retardants, surfactants, and sequestering agents); and (2) Leather tannery and finishing supplies. (d) Unscheduled discrete organic chemicals are used in a wide variety of commercial industries, and include acetone, benzoyl peroxide and propylene glycol. | ||||||
| 15:15:2.1.3.3.7.0.1.5 | 15 | Commerce and Foreign Trade | VII | B | 710 | PART 710—GENERAL INFORMATION AND OVERVIEW OF THE CHEMICAL WEAPONS CONVENTION REGULATIONS (CWCR) | § 710.5 Authority. | BIS | The CWCR (parts 710 through 729 of this subchapter) implement certain provisions of the Chemical Weapons Convention under the authority of the Chemical Weapons Convention Implementation Act of 1998 (Act), the National Emergencies Act, the International Emergency Economic Powers Act (IEEPA), as amended, and the Export Administration Act of 1979, as amended, by extending verification and trade restriction requirements under Article VI and related parts of the Verification Annex of the Convention to U.S. persons. In Executive Order 13128 of June 25, 1999, the President delegated authority to the Department of Commerce to promulgate regulations to implement the Act, and consistent with the Act, to carry out appropriate functions not otherwise assigned in the Act but necessary to implement certain reporting, monitoring and inspection requirements of the Convention and the Act. | ||||||
| 15:15:2.1.3.3.7.0.1.6 | 15 | Commerce and Foreign Trade | VII | B | 710 | PART 710—GENERAL INFORMATION AND OVERVIEW OF THE CHEMICAL WEAPONS CONVENTION REGULATIONS (CWCR) | § 710.6 Relationship between the Chemical Weapons Convention Regulations and the Export Administration Regulations, the International Traffic in Arms Regulations, and the Alcohol, Tobacco, Firearms and Explosives Regulations. | BIS | [71 FR 24929, Apr. 27, 2006, as amended at 73 FR 78182, Dec. 22, 2008] | Certain obligations of the U.S. Government under the CWC pertain to exports and imports. The obligations on exports are implemented in the Export Administration Regulations (EAR) (15 CFR parts 730 through 774) and the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120 through 130). See in particular §§ 742.2 and 742.18 and part 745 of the EAR, and Export Control Classification Numbers 1C350, 1C351, 1C355 and 1C395 of the Commerce Control List (supplement no. 1 to part 774 of the EAR). The obligations on imports are implemented in the Chemical Weapons Convention Regulations (§§ 712.2 and 713.1) and the Alcohol, Tobacco, Firearms and Explosives Regulations in 27 CFR part 447. | |||||
| 21:21:7.0.1.2.12.0.1.1 | 21 | Food and Drugs | I | G | 710 | PART 710—VOLUNTARY REGISTRATION OF COSMETIC PRODUCT ESTABLISHMENTS | § 710.1 Who should register. | FDA | The owner or operator of a cosmetic product establishment which is not exempt under § 710.9 and engages in the manufacture or packaging of a cosmetic product is requested to register for each such establishment, whether or not the product enters interstate commerce. This request extends to any foreign cosmetic product establishment whose products are exported for sale in any State as defined in section 201(a)(1) of the act. No registration fee is required. | ||||||
| 21:21:7.0.1.2.12.0.1.2 | 21 | Food and Drugs | I | G | 710 | PART 710—VOLUNTARY REGISTRATION OF COSMETIC PRODUCT ESTABLISHMENTS | § 710.2 Time for registration. | FDA | The owner or operator of an establishment entering into the manufacture or packaging of a cosmetic product should register his establishment within 30 days after the operation begins. | ||||||
| 21:21:7.0.1.2.12.0.1.3 | 21 | Food and Drugs | I | G | 710 | PART 710—VOLUNTARY REGISTRATION OF COSMETIC PRODUCT ESTABLISHMENTS | § 710.3 How and where to register. | FDA | [39 FR 10059, Mar. 15, 1974, as amended at 68 FR 15355, Mar. 31, 2003; 81 FR 49897, July 29, 2016] | Form FD-2511 (“Registration of Cosmetic Product Establishment”) is obtainable on request from the Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, or at any Food and Drug Administration district office. The completed form should be mailed to Cosmetic Product Establishment Registration, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740. | |||||
| 21:21:7.0.1.2.12.0.1.4 | 21 | Food and Drugs | I | G | 710 | PART 710—VOLUNTARY REGISTRATION OF COSMETIC PRODUCT ESTABLISHMENTS | § 710.4 Information requested. | FDA | [39 FR 10059, Mar. 15, 1974, as amended at 46 FR 38073, July 24, 1981; 54 FR 39640, Sept. 27, 1989] | Form FD-2511 requests information on the name and address of the cosmetic product establishment, including post office ZIP code; all business trading names used by the establishment; and the type of business (manufacturer and/or packer). The information requested should be given separately for each establishment as defined in § 700.3(j) of this chapter. | |||||
| 21:21:7.0.1.2.12.0.1.5 | 21 | Food and Drugs | I | G | 710 | PART 710—VOLUNTARY REGISTRATION OF COSMETIC PRODUCT ESTABLISHMENTS | § 710.5 Amendments to registration. | FDA | Within 30 days after a change in any of the information contained on a submitted Form FD-2511, a new Form FD-2511 should be submitted to amend the registration. This amendment is also necessary when a registration is to be canceled because an establishment has changed its name and no longer conducts business under the original name. | ||||||
| 21:21:7.0.1.2.12.0.1.6 | 21 | Food and Drugs | I | G | 710 | PART 710—VOLUNTARY REGISTRATION OF COSMETIC PRODUCT ESTABLISHMENTS | § 710.6 Notification of registrant; cosmetic product establishment registration number. | FDA | The Commissioner of Food and Drugs will provide the registrant with a validated copy of Form FD-2511 as evidence of registration. This validated copy will be sent only to the location shown for the registering establishment. A permanent registration number will be assigned to each cosmetic product establishment registered in accordance with the regulations in this part. | ||||||
| 21:21:7.0.1.2.12.0.1.7 | 21 | Food and Drugs | I | G | 710 | PART 710—VOLUNTARY REGISTRATION OF COSMETIC PRODUCT ESTABLISHMENTS | § 710.7 Inspection of registrations. | FDA | [39 FR 10059, Mar. 15, 1974, as amended at 68 FR 15355, Mar. 31, 2003; 81 FR 49897, July 29, 2016] | A copy of the Form FD-2511 filed by the registrant will be available for inspection at the Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740. | |||||
| 21:21:7.0.1.2.12.0.1.8 | 21 | Food and Drugs | I | G | 710 | PART 710—VOLUNTARY REGISTRATION OF COSMETIC PRODUCT ESTABLISHMENTS | § 710.8 Misbranding by reference to registration or to registration number. | FDA | Registration of a cosmetic product establishment or assignment of a registration number does not in any way denote approval of the firm or its products by the Food and Drug Administration. Any representation in labeling or advertising that creates an impression of official approval because of registration or possession of a registration number will be considered misleading. | ||||||
| 21:21:7.0.1.2.12.0.1.9 | 21 | Food and Drugs | I | G | 710 | PART 710—VOLUNTARY REGISTRATION OF COSMETIC PRODUCT ESTABLISHMENTS | § 710.9 Exemptions. | FDA | The following classes of persons are not requested to register in accordance with this part 710 because the Commissioner has found that such registration is not justified: (a) Beauty shops, cosmetologists, retailers, pharmacies, and other persons and organizations that compound cosmetic products at a single location and administer, dispense, or distribute them at retail from that location and who do not otherwise manufacture or package cosmetic products at that location. (b) Physicians, hospitals, clinics, and public health agencies. (c) Persons who manufacture, prepare, compound, or process cosmetic products solely for use in research, pilot plant production, teaching, or chemical analysis, and who do not sell these products. | ||||||
| 40:40:33.0.1.1.7.1.1.1 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | A | Subpart A—General Provisions | § 710.1 Scope and compliance. | EPA | [68 FR 887, Jan. 7, 2003, as amended at 76 FR 50859, Aug. 16, 2011; 76 FR 54933, Sept. 6, 2011; 82 FR 37539, Aug. 11, 2017] | (a) This part establishes regulations governing reporting and recordkeeping by certain persons who manufacture, import, or process chemical substances for commercial purposes under section 8(a) of the Toxic Substances Control Act (15 U.S.C. 2607(a)) (TSCA). Section 8(a) authorizes the Administrator to require reporting of information necessary for administration of the Act and requires EPA to issue regulations for the purpose of compiling and keeping current an inventory of chemical substances manufactured or processed for a commercial purpose, as required by section 8(b) of the Act. Following an initial reporting period, EPA published an initial inventory of chemical substances manufactured, processed, or imported for commercial purposes. In accordance with section 8(b), EPA periodically amends the inventory to include new chemical substances which are manufactured or imported for a commercial purpose and reported under section 5(a)(1) of the Act. EPA also revises the categories of chemical substances and makes other amendments as appropriate. (b) This part applies to the activities associated with the compilation of the TSCA Chemical Substance Inventory (Inventory) and the designation of chemical substances on the TSCA Inventory as active or inactive in U.S. commerce. (c) Section 15(3) of TSCA makes it unlawful for any person to fail or refuse to submit information required under these reporting regulations. In addition, section 15(3) makes it unlawful for any person to fail to keep, and permit access to, records required by these regulations. Section 16 provides that any person who violates a provision of section 15 is liable to the United States for a civil penalty and may be criminally prosecuted. Pursuant to section 17, the Government may seek judicial relief to compel submission of section 8(a) information and to otherwise restrain any violation of section 15. (EPA does not intend to concentrate its enforcement efforts on insignificant clerical errors in reporting.) (d) Each person who reports under the… | |||
| 40:40:33.0.1.1.7.1.1.2 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | A | Subpart A—General Provisions | § 710.3 Definitions. | EPA | [68 FR 888, Jan. 7, 2003, as amended at 69 FR 40791, July 7, 2004; 76 FR 50859, Aug. 16, 2011; 76 FR 54933, Sept. 6, 2011; 82 FR 37539, Aug. 11, 2017] | For purposes of this part: (a) The following terms will have the meaning contained in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321 et seq., and the regulations issued under such Act: Cosmetic, device, drug, food, and food additive. In addition, the term food includes poultry and poultry products, as defined in the Poultry Products Inspection Act, 21 U.S.C. 453 et seq.; meats and meat food products, as defined in the Federal Meat Inspection Act, 21 U.S.C. 60 et seq.; and eggs and egg products, as defined in the Egg Products Inspection Act, 21 U.S.C. 1033 et seq. (b) The term pesticide will have the meaning contained in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq. , and the regulations issued thereunder. (c) The following terms will have the meaning contained in the Atomic Energy Act of 1954, 42 U.S.C. 2014 et seq. , and the regulations issued thereunder: Byproduct material, source material, and special nuclear material. (d) The following definitions also apply to this part: Act means the Toxic Substances Control Act (TSCA), 15 U.S.C. 2601 et seq. Administrator means the Administrator of the U.S. Environmental Protection Agency, any employee or authorized representative of the Agency to whom the Administrator may either herein or by order delegate his/her authority to carry out his/her functions, or any other person who will by operation of law be authorized to carry out such functions. Article means a manufactured item: (1) Which is formed to a specific shape or design during manufacture, (2) Which has end use function(s) dependent in whole or in part upon its shape or design during end use, and (3) Which has either no change of chemical composition during its end use or only those changes of composition which have no commercial purpose separate from that of the article and that may occur as described in § 710.4(d)(5); except that fluids and particles are not considered articles regardless of shape or design. Byproduct means a chemical… | |||
| 40:40:33.0.1.1.7.1.1.3 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | A | Subpart A—General Provisions | § 710.4 Scope of the inventory. | EPA | [42 FR 64572, Dec. 23, 1977, as amended at 68 FR 889, Jan. 7, 2003] | (a) Chemical substances subject to these regulations. Only chemical substances which are manufactured, imported, or processed “for a commercial purpose,” as defined in § 710.3(d), are subject to these regulations. (b) Naturally occurring chemical substances automatically included. Any chemical substance which is naturally occurring and: (1) Which is (i) unprocessed or (ii) processed only by manual, mechanical, or gravitational means; by dissolution in water; by flotation; or by heating solely to remove water; or (2) Which is extracted from air by any means, will automatically be included in the inventory under the category “Naturally Occurring Chemical Substances.” Examples of such substances are: raw agricultural commodities; water, air, natural gas, and crude oil; and rocks, ores, and minerals. (c) Substances excluded by definition or section 8(b) of TSCA. The following substances are excluded from the inventory: (1) Any substance which is not considered a “chemical substance” as provided in subsection 3(2)(B) of the Act and in the definition of “chemical substance” in § 710.3(d); (2) Any mixture as defined in § 710.3(d); A chemical substance that is manufactured as part of a mixture is subject to these reporting regulations. This exclusion applies only to the mixture and not to the chemical substances of which the mixture is comprised. The term “mixture” includes alloys, inorganic glasses, ceramics, frits, and cements, including Portland cement. (3) Any chemical substance which is manufactured, imported, or processed solely in small quantities for research and development, as defined in § 710.3(d); and (4) Any chemical substance not manufactured, processed or imported for a commercial purpose since January 1, 1975. (d) Chemical substances excluded from the inventory. The following chemical substances are excluded from the inventory. Although they are considered to be manufactured or processed for a commercial purpose for the purpose of section 8 of the Act, they are not manufactured or proces… | |||
| 40:40:33.0.1.1.7.2.1.1 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.23 Definitions. | EPA | The following definitions also apply to subpart B of this part. Active substance means any interim active substance, any naturally occurring chemical substance as defined by § 710.27(b), any chemical substance that was added to the Inventory on or after June 21, 2006 pursuant to a Notice of Commencement under § 720.102 received by the Agency on or after June 21, 2006, and any chemical substance subject to commercial activity designation that the Administrator designates as active based on the receipt of a notice under this subpart. Central Data Exchange or CDX means EPA's centralized electronic document reporting portal, or its successors. Chemical Information Submission System or CISS means EPA's web-based reporting tool for preparing and submitting a Notice of Activity. Chemical substance subject to commercial activity designation means a chemical substance that requires a designation as either an active or an inactive substance. A chemical substance is subject to commercial activity designation if it is not an interim active substance, it was added to the Inventory before June 21, 2006, it is not a naturally occurring chemical substance as defined by § 710.27(b), and it has not yet been designated by the Administrator as either an active or an inactive substance. e-NOA means EPA's software module within CISS for generating and completing Notice of Activity Forms A and B. Existing claim for protection of specific chemical identity against disclosure is a claim for protection of the specific chemical identity of a chemical substance that is listed on the confidential portion of the Inventory, asserted prior to June 22, 2016. Inactive substance means any chemical substance subject to commercial activity designation, that the Administrator designates as inactive based on the lack of receipt of a notice under this subpart, effective 90 days after the Administrator identifies the chemical substance for such designation. Interim active substance means any chemical substance that was reported, pursuant… | ||||
| 40:40:33.0.1.1.7.2.1.2 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.25 Persons subject to the notification requirement. | EPA | The following persons are subject to the requirements of this subpart. (a) Who must submit the Notice of Activity Form A? Any person who manufactured (including imported) a chemical substance subject to commercial activity designation at any time during the lookback period, except as provided in § 710.27, must submit a Notice of Activity Form A as specified under §§ 710.29 and 710.30(a), unless such person has evidence in the form of a CDX receipt, documenting EPA's receipt of a Notice of Activity Form A from another person, for the same chemical substance, or unless the prior manufacturing of such a substance is not known to or reasonably ascertainable by the person. Evidence in the form of a CDX receipt for a Notice of Activity Form A is not a basis for exemption from the requirements of § 710.25(c) if the chemical substance is ultimately designated as inactive due to withdrawal of the Notice of Activity Form A. (b) Who else may submit the Notice of Activity Form A? Any person not required to submit a Notice of Activity Form A under § 710.25(a), who manufactured (including imported) or processed a reportable chemical substance, at any time during the lookback period, may submit a Notice of Activity Form A as specified under §§ 710.29 and 710.30(a). (c) Who must submit the Notice of Activity Form B? Any person who intends to manufacture (including import) or process an inactive substance, except as provided in § 710.27, after the effective date of the Administrator's designation of such chemical substance as an inactive substance, must submit a Notice of Activity Form B as specified under §§ 710.29 and 710.30(b), unless the presence of the inactive substance on the confidential portion of the Inventory is not known to or reasonably ascertainable by the person. | ||||
| 40:40:33.0.1.1.7.2.1.3 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.27 Activities for which notification is not required. | EPA | (a) In general. The following activities do not trigger notification requirements under this subpart: (1) The manufacturing or processing of a chemical substance in small quantities solely for research and development. (2) The import or processing of a chemical substance as part of an article. (3) The manufacturing or processing of a chemical substance as described in § 720.30(g) or (h). (4) The manufacturing or processing of a chemical substance solely for export from the United States as described in § 720.30(e) or § 721.3, except where the Administrator has made a finding described in TSCA section 12(a)(2). (5) The manufacturing or processing of a chemical substance solely for test marketing purposes. (b) Manufacturing or processing naturally occurring chemical substances. The following activities do not trigger notification requirements under this subpart: (1) The manufacture of a naturally occurring chemical substance, as described in § 710.4(b). Some chemical substances can be manufactured both as described in § 710.4(b) and by means other than those described in § 710.4(b). If a person manufactures a chemical substance by means other than those described in § 710.4(b), this exemption is inapplicable, regardless of whether the chemical substance also could have been produced as described in § 710.4(b). This exemption does not cover the manufacture of a chemical substance from a naturally occurring chemical substance. (2) The processing of a naturally occurring chemical substance only by manual, mechanical, or gravitational means; by dissolution in water; by flotation; or by heating solely to remove water. | ||||
| 40:40:33.0.1.1.7.2.1.4 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.29 Information required in the notification. | EPA | (a) Reporting information to EPA. A person who reports information to EPA under this subpart must do so using the e-NOA software module, the CISS reporting tool, and the CDX electronic reporting portal provided by EPA at the addresses set forth in § 710.39. For notices of activity under §§ 710.25(a) and 710.25(b), the submission must include all information described in paragraph (b) of this section. For a Notice of Activity under § 710.25(c), the submission must include all information described in paragraph (c) of this section. A person must submit a separate notice for each chemical substance that the person is required to report. Using e-NOA and CISS and registering in CDX are described in instructions available from EPA at the Web sites set forth in § 710.39. (b) Information to be reported on the Notice of Activity Form A. A person submitting a Notice of Activity Form A under § 710.25(a) or § 710.25(b) must submit the information specified in § 710.29(d) for each reportable chemical substance. A person submitting information under § 710.25(a) or § 710.25(b) must report information to the extent that such information is known to or reasonably ascertainable by that person. (c) Information to be reported on a Notice of Activity Form B. Any person submitting a Notice of Activity Form B under § 710.25(c) must provide the information described in this paragraph for each inactive substance intended to be manufactured or processed. (1) Information specified in § 710.29(d). (2) The anticipated date by which the inactive substance is to be manufactured or processed in the United States. If the Notice of Activity Form B is filed prior to the effective date of the chemical substance's inactive designation, the most recent date of manufacturing or processing may be provided in lieu of an anticipated date. (d) Information to be reported on either the Notice of Activity Form A or Form B. (1) Company. The name and address of the submitting company. (2) Authorized official. The name and address of the autho… | ||||
| 40:40:33.0.1.1.7.2.1.5 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.30 When to submit notifications. | EPA | (a) When must a Notice of Activity Form A be submitted? The Notice of Activity Form A required to be submitted under § 710.25(a) must be submitted during the applicable submission period. (1) Manufacturers. The submission period for manufacturers under §§ 710.25(a) and 710.25(b) begins on August 11, 2017 and ends on February 7, 2018. (2) Processors. The submission period for processors under § 710.25(b) begins on August 11, 2017 and ends on October 5, 2018. (3) Withdrawal of a Notice of Activity Form A. A Notice of Activity Form A submitted under § 710.30(a)(1) or § 710.30(a)(2) may be withdrawn by the submitter no later than October 5, 2018. If EPA receives a timely request to withdraw a previously submitted Notice of Activity Form A for a chemical substance subject to commercial activity designation, and EPA has not received a Notice of Activity Form A from another submitter for the same chemical substance, EPA will not designate the chemical substance as active. A Form A withdrawn under this paragraph will not satisfy the obligation under this rule to submit a Form A. (b) When must a Notice of Activity Form B be submitted?— (1) Manufacturers and processors. The Notice of Activity Form B required to be submitted under § 710.25(c) must be submitted before a person manufactures or processes the inactive substance, but not more than 90 days prior to the anticipated date of manufacturing or processing. (2) When else may a Notice of Activity Form B be submitted? A Notice of Activity Form B that will later be required to be submitted under § 710.25(c) may be submitted during the 90-day period between EPA's identification of a chemical substance for inactive designation and the effective date for such designation, by a person who is currently manufacturing or processing such chemical substance or who anticipates manufacturing or processing such chemical substance within 90 days following submission. (3) When may EPA execute a request to withdraw a Notice of Activity Form B? If EPA receives a reque… | ||||
| 40:40:33.0.1.1.7.2.1.6 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.33 Co-manufacturers and co-processors. | EPA | (a) Notice of Activity submitted by co-manufacturers. When, in a single instance of manufacturing or importing a particular volume of a chemical substance during the lookback period, two or more persons qualify as the manufacturer or importer of that volume, they may determine among themselves who should make the required submission under § 710.25(a). If no notice is submitted as required under this subpart, EPA will hold each such person liable for failure to submit a notice. (b) Notice of Activity by prospective co-manufacturers or co-processors. If two or more persons intend to manufacture, import, or process a particular volume of an inactive substance, such that multiple persons would qualify as the manufacturer, importer, or processor of that volume, they may determine among themselves who will submit the required notice under § 710.25(c). If no notice is submitted as required under this subpart, all of the persons remain subject to the reporting requirements, and EPA will hold each such person liable for a failure to submit a notice prior to the date of manufacturing, importing, or processing. | ||||
| 40:40:33.0.1.1.7.2.1.7 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.35 Recordkeeping requirements. | EPA | Each person who is subject to the notification requirements of this part must retain records that document any information reported to EPA. Records relevant to a Notice of Activity under §§ 710.25(a) and 710.25(b) must be retained for a period of 5 years beginning on the last day of the submission period. Records relevant to a Notice of Activity under § 710.25(c) must be retained for a period of 5 years beginning on the day that the notice was submitted. | ||||
| 40:40:33.0.1.1.7.2.1.8 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.37 Confidentiality claims. | EPA | [82 FR 37540, Aug. 11, 2017, as amended at 85 FR 13067, Mar. 6, 2020] | (a) Chemical identity. A person submitting information under this part may request to maintain an existing claim of confidentiality for the specific chemical identity of a reportable chemical substance, but may do so only if the identity of the chemical substance is listed on the confidential portion of the Inventory as of the time the notice is submitted for that chemical substance under this part. A request to maintain an existing claim of confidentiality must be made at the time the information is submitted. If no person submitting the information specified in § 710.29(d)(4) for a particular chemical substance requests that the claim be maintained, EPA will treat the specific chemical identity of that chemical substance as not subject to a confidentiality claim and will move the chemical substance to the public portion of the Inventory. Except as set forth in this subsection, information claimed as confidential in accordance with this section will be treated and disclosed in accordance with the procedures in 40 CFR part 2, subpart B. (1) Notice of Activity Form A. A person requesting to maintain an existing claim of confidentiality for specific chemical identity may submit with the notice answers to the questions in paragraphs (c)(1) and(c)(2) of this section, signed and dated by an authorized official. If these answers are submitted less than five years before the date on which substantiation is due pursuant to TSCA section 8(b)(4)(D)(i), the answers will be deemed to be substantiations made under TSCA section (8)(b)(4)(D)(i) and the person will be exempt from further substantiation requirements under TSCA section (8)(b)(4)(D)(i). Answers that do not include the answers to all applicable questions in paragraph (c) of this section will not be deemed to be substantiations made under the TSCA section (8)(b)(4)(D)(i) requirement. (2) Notice of Activity Form B. A person requesting to maintain an existing claim of confidentiality for specific chemical identity must submit answers to the questions in paragra… | |||
| 40:40:33.0.1.1.7.2.1.9 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | B | Subpart B—Commercial Activity Notification | § 710.39 Electronic filing. | EPA | (a) EPA will accept information submitted under this subpart only if submitted in accordance with this section. All information must be submitted electronically to EPA via CDX. Prior to submission to EPA via CDX, Notices of Activity and any associated information must be generated and completed using the e-NOA software module. (b) Obtain instructions for registering in CDX as follows: (1) Web site. The CDX Registration User Guide is available at https://www.epa.gov/sites/production/files/documents/cdx__registration__guide__v0__02.pdf. To register in CDX, go to https://cdx.epa.gov and follow the appropriate links. (2) Telephone. Contact the EPA CDX Help Desk at 1-888-890-1995. (3) Email. Email the EPA CDX Help Desk at HelpDesk@epacdx.net. (c) Obtain instructions for using CISS and the e-NOA software module as follows: (1) Web site. Go to the EPA New Chemicals under the Toxic Substances Control Act Web site at https://www.epa.gov/reviewing-new-chemicalsunder-toxic-substances-control-act-tsca/how-submit-e-pmn and follow the appropriate links. (2) Telephone. Contact the EPA TSCA Hotline at 1-202-554-1404. (3) Email. Email the EPA TSCA Hotline at TSCA-Hotline@epa.gov. | ||||
| 40:40:33.0.1.1.7.3.1.1 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | C | Subpart C—Review Plan | § 710.41 Scope. | EPA | This subpart applies to the substantiation and review of claims of confidentiality asserted in Notices of Activity Form A to protect the specific chemical identities of chemical substances. | ||||
| 40:40:33.0.1.1.7.3.1.2 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | C | Subpart C—Review Plan | § 710.43 Persons subject to substantiation requirement. | EPA | (a) Who must substantiate. Any person who filed a Notice of Activity Form A requesting to maintain an existing confidentiality claim for a specific chemical identity must substantiate that confidentiality claim as specified in §§ 710.45 and 710.47 unless eligible for an exemption in paragraph (b) of this section. (b) Exemptions. (1) Any person who completed the voluntary substantiation process set forth in § 710.37(a)(1) is exempt from the substantiation requirement of this subpart pertaining to the submission of answers to the questions in § 710.45(b)(1) through (6). All remaining requirements of § 710.45 must be met in accordance with the deadline specified in § 710.47(a), including the requirement to submit answers to the questions in § 710.45(b)(7) and (8), signed and dated by an authorized official, and to complete the certification statement in § 710.37(e). (2) A person who has previously substantiated the confidentiality claim for a specific chemical identity that the person requested to maintain in a Notice of Activity Form A, by submitting information that is responsive to all questions in § 710.45, is exempt from the substantiation requirement of this subpart if both of the following conditions are met: (i) The previous substantiation was submitted to EPA on or after November 1, 2015; and (ii) The person reports to EPA the submission date, submission type, and case number, transaction ID, or equivalent identifier for the previous submission that contained the substantiation, not later than the deadline specified in § 710.47. | ||||
| 40:40:33.0.1.1.7.3.1.3 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | C | Subpart C—Review Plan | § 710.45 Contents of substantiation. | EPA | (a) The submission. A person substantiating a confidentiality claim for a specific chemical identity must submit written answers to the questions in paragraph (b) of this section, signed and dated by an authorized official, and complete the certification statement in § 710.37(e). If any of the information contained in the answers to the questions listed in paragraph (b) of this section is itself claimed as confidential, the submitter must clearly indicate such by marking that information as confidential business information. (b) Substantiation questions. (1) Will disclosure of the information claimed as confidential likely cause substantial harm to your business's competitive position? If you answered yes, describe the substantial harmful effects that would likely result to your competitive position if the information is disclosed, including but not limited to how a competitor could use such information and the causal relationship between the disclosure and the harmful effects. (2) To the extent your business has disclosed the information to others (both internally and externally), has your business taken precautions to protect the confidentiality of the disclosed information? If yes, please explain and identify the specific measures, including but not limited to internal controls, that your business has taken to protect the information claimed as confidential. (3)(i) Is any of the information claimed as confidential required to be publicly disclosed under any other Federal law? If yes, please explain. (ii) Does any of the information claimed as confidential otherwise appear in any public documents, including (but not limited to) safety data sheets; advertising or promotional material; professional or trade publications; state, local, or Federal agency files; or any other media or publications available to the general public? If yes, please explain why the information should be treated as confidential. (iii) Does any of the information claimed as confidential appear in one or more patents or patent appli… | ||||
| 40:40:33.0.1.1.7.3.1.4 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | C | Subpart C—Review Plan | § 710.47 When to submit substantiation or information on previous substantiation. | EPA | (a) All persons required to substantiate a confidentiality claim pursuant to § 710.43(a) or (b)(1) must submit their substantiation not later than November 1, 2020. (b) All persons who seek an exemption under § 710.43(b)(2) must submit the information specified in § 710.43(b)(2)(ii) not later than November 1, 2020. | ||||
| 40:40:33.0.1.1.7.3.1.5 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | C | Subpart C—Review Plan | § 710.49 Failure to report. | EPA | If neither the substantiation required under § 710.43(a) or (b)(1), nor the information specified in § 710.43(b)(2)(ii), is submitted to EPA in accordance with the provisions of this subpart, then EPA will deny the confidentiality claim in accordance with the procedures set forth in TSCA section 14(g)(2) and 40 CFR part 2, subpart B. | ||||
| 40:40:33.0.1.1.7.3.1.6 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | C | Subpart C—Review Plan | § 710.51 Electronic filing. | EPA | EPA will accept information submitted under this subpart only if submitted in accordance with § 710.39. | ||||
| 40:40:33.0.1.1.7.3.1.7 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | C | Subpart C—Review Plan | § 710.53 Recordkeeping requirements. | EPA | Each person who is subject to this part must retain records that document any information reported to EPA. Records must be retained for a period of 5 years beginning on the last day of the submission period. | ||||
| 40:40:33.0.1.1.7.3.1.8 | 40 | Protection of Environment | I | R | 710 | PART 710—COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY | C | Subpart C—Review Plan | § 710.55 Claim review, duration of protection, TSCA Inventory maintenance, posting results, and extension. | EPA | (a) Review criteria and procedures. Except as set forth in this subpart, confidentiality claims for specific chemical identities asserted in Notices of Activity Form A will be reviewed and approved or denied in accordance with the criteria and procedures in TSCA section 14 and 40 CFR part 2, subpart B. (b) Duration of protection from disclosure. Except as provided in 40 CFR part 2, subpart B, and section 14 of TSCA, a specific chemical identity that is the subject of an approved confidentiality claim under this subpart will be protected from disclosure for a period of 10 years from the date on which the confidentiality claim was first asserted by any submitter after June 22, 2016, unless, prior to the expiration of the period, the claimant notifies EPA that the person is withdrawing the confidentiality claim, in which case EPA will not protect the information from disclosure; or EPA otherwise becomes aware that the information does not qualify for protection from disclosure, in which case EPA will take the actions described in TSCA section 14(g)(2) to notify the claimant of EPA's intent to disclose the information. (c) Updating the TSCA Inventory. EPA will periodically update the TSCA Inventory based on the results of the reviews of the confidentiality claims asserted in Notices of Activity Form A. (d) Posting of annual goals and numbers of reviews completed. At the beginning of each calendar year until all reviews are completed, EPA will publish an annual goal for reviews and the number of reviews completed in the prior year on the Agency website. Determination of annual review goals will take into consideration the number of claims needing review, available resources, and a target completion date for all reviews under this subpart not later than February 19, 2024. (e) Extension. If EPA determines that the target completion date in paragraph (d) of this section cannot be met based on the number of claims needing review and the available resources, then EPA will publish a document in the Federal Re… |
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