Division of Agricultural Development Chief, Agricultural Resource Development Branch, Grade M-7. Chief, Soils and Fertilizer Research Branch, Grade M-7. Chief, Test and Demonstration Branch, Grade M-7. Assistant to the Director of Agricultural Development (Contract Negotiation and Compliance), Grade M-6. Assistant Chief, Test and Demonstration Branch, Grade M-6. Agricultural Economist (Contract Nego- Supervisor, Field Section, Grade M-6. Division of Chemical Development Chief, Applied Research Branch, Grade M-7. Chief, Design Branch, Grade M-7. Chief, Fundamental Research Branch, Grade M-7. Chief, Process Engineering Branch, Grade M-7. Electrical Engineer, Grade M-6. Mechanical Engineer, Grade M-6. Mechanical Engineer (Determination of Personnel Officer (Contract Compliance), OFFICE OF HEALTH AND ENVIRONMENTAL Office of the Manager of Health and Chief, Safety Staff, Grade M-7. Division of Environmental Research and Development Assistant to the Director of Environmental Research and Development (Administration), Grade M-7. Assistant to the Director of Environmental Chief, Air Quality Branch, Grade M-7. Chief, Environmental Engineering Branch, Chief, Industrial and Radiological Hygiene Branch, Grade M-7. Chief, Water Quality Branch, Grade M-7. Assistant Chief, Air Quality Branch, Grade M-6. Assistant Chief, Water Quality Branch, Grade Supervisor, Management Services, Grade M-5. Chief, Special Health Services Staff, Grade M-7. Chief, Eastern Area Medical Service, Grade M-7. Chief, Western Area Medical Service, Grade M-7. Assistant to the Director of Medical Services, Grade M-6. Chief, Dental and Health Education Staff, Grade M-6. OFFICE OF TRIBUTARY AREA DEVELOPMENT Assistant to the Director of Tributary Area Development, Grade M-7. 395 Assistant to the Director of Tributary Area Development, Grade M-6. Division of Forestry, Fisheries, and Wildlife Development Chief, Forest and Upland Wildlife Resources Branch, Grade M-7. Supervisor. Forest and Habitat Revegetation Section, Grade M-6. [35 F.R. 13364, Aug. 21, 1970] § 300.735-41a Employee's complaint on filing requirement. An employee who believes that his position has been improperly included under the regulations in this subpart as one requiring the submission of a statement of employment and financial interests may make a complaint to that official who has been designated under § 300.735-4 to review the employee's statement. If the employee is not satisfied with the decision by the reviewing officer on his complaint, he may complain to the reviewing officer for the next higher organizational level within TVA whose decision will be final. § 300.735-41b Interests not required to be reported. An employee is not required to report financial interests which are excluded from the disclosure requirements under § 301.4 of this chapter which were established pursuant to section 208 of title 18, United States Code. § 300.735-42 Time and place for submission of employees' statements. (a) An employee required to submit a statement of employment and financial interests under the regulations in this part shall submit it not later than 30 days after his entrance on duty. (b) Statements of employment and financial interests shall be submitted as follows: (1) A statement submitted by the General Manager shall be submitted to the Board; and (2) Statements submitted by other employees shall be submitted to the General Manager or officials he designates. § 300.735-43 Supplementary state ments. Changes in, or additions to, the information contained in an employee's statement of employment and financial interests shall be reported in a supplementary statement as of June 30 each year. If no changes or additions occur, a negative report is required. Notwithstanding the filing of the annual report required by this section, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflicts-of-interest provisions of section 208 of title 18, United States Code, the regulations under § 301.4 of this chapter, or Subpart B of this part. § 300.735-44 Interests of employees' relatives. The interest of a spouse, minor child, or other member of an employee's immediate household is considered to be an interest of the employee. For the purpose of this section, "member of an employee's immediate household" means those blood relations who are residents of the employee's household. § 300.735-45 Information not known by employees. If any information required to be included on a statement of employment and financial interests or supplementary statement, including holdings placed in trust, is not known to the employee but is known to another person, the employee shall request that other person to submit information in his behalf. § 300.735-46 Information prohibited. The regulations in this part do not require an employee to submit on a statement of employment and financial interests or supplementary statement any information relating to the employee's connection with, or interest in, a professional society or a charitable, religious, social, fraternal, recreational, § 300.735-48 Effect of employees' state ments on other requirements. The statements of employment and financial interests and supplementary statements required of employees are in addition to, and not in substitution for, or in derogation of, any similar requirement imposed by law, order, or regulation. The submission of a statement or supplementary statement by an employee does not permit him or any other person to participate in a matter in which his or the other person's participation is prohibited by law, order, or regulation. § 300.735-49 TVA regulations for special Government employees. (a) Except as provided in paragraph (b) of this section, each special Government employee is required to submit a statement of employment and financial interests on a TVA form entitled, "Confidential Statement of Employment and Financial Interest (For Use by Special Government Employees),” which reports: (1) All other employment; and (2) The financial interests of the special Government employee which relate either directly or indirectly to the duties and responsibilities of the special Government employee except such financial interests which are excluded from the disclosure requirements under § 301.4 of this chapter which were established pursuant to section 208 of title 18, United States Code. (b) TVA may waive the requirement in paragraph (a) of this section for the submission of a statement of employment and financial interests in the case of a special Government employee who is not a consultant or expert when TVA finds that the duties of the position held by that special Government employee are of a nature and at such a level of responsibility that the submission of the statement by the incumbent is not necessary to protect the integrity of the Government. For the purpose of this paragraph, the terms "consultant" and "expert" have the following meanings: (1) "Consultant” means an individual who serves as an adviser to TVA as distinguished from an employee who carries out TVA's duties and responsibilities. He gives his views or opinions on problems or questions presented him by TVA, but he neither performs nor supervises performance of operating functions. Ordinarily, he is expert in the field in which he advises, but he need not be a specialist. His expertness may lie in his possession of a high order of broad administrative, professional, or technical experience indicating that his ability and knowledge make his advice distinctively valuable to TVA. (2) "Expert" means a person with excellent qualifications and a high degree of attainment in a professional, scientific, technical, or other field. His knowledge and mastery of the principles, practices, problems, methods, and techniques of his field of activity, or of a specialized area in the field, are clearly superior to those usually possessed by ordinarily competent individuals in that activity. His attainment is such that he usually is regarded as an authority or as a practitioner of unusual competence and skill by other individuals in the profession, occupation, or activity. The terms "consultant" and "expert" do not include a physician, dentist, or allied medical specialist whose services are procured to provide care and service to patients or a veterinarian whose services are procured to provide care and service to animals. (c) A statement of employment and filnancial interests required to be submitted under this section shall be submitted not later than the time of employment of the special Government employee. Each special Government employee shall keep his statement current throughout his employment by the submission of supplementary statements. The statements of employment and financial interests and supplementary statements required of special Government employees are in addition to, and not in substitution for, or in derogation of, any similar requirement imposed by law, order, or regulation. The submission of a statement or supplementary statement by an employee does not permit him or any other person to participate in a matter in which his or the other person's participation is prohibited by law, order, or regulation. (a) Records available. TVA's records will be made available for inspection and copying upon request, except that records are not made available if they are (1) specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy; (2) related solely to the internal personnel rules and practices of any agency; (3) specifically exempted from disclosure by statute; (4) trade secrets and commercial or financial information obtained from any person and privileged or confidential; (5) interagency or intraagency memorandums or letters which would not be available by law to a private party in litigations; (6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (7) investigatory files compiled for law enforcement purposes except to the extent available by law to a private party; (8) contained in or related to examination, operation, or con dition reports prepared by, on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions; and (9) geological and geophysical information and data (including maps) concerning wells. (b) Requests. Requests for TVA records shall be made in writing to the "Director of Information, Tennessee Valley Authority, Knoxville, Tenn. 37902," and shall contain sufficient information to identify the records sought. (c) Action upon requests. Upon receipt of such a request, TVA shall promptly determine whether the records can be made available under the provisions of this section and shall notify the person making the request (1) where, when and in what manner the records will be made available and the estimated cost, or (2) that the records are not available, giving the reasons therefor. (d) Manner of making available. TVA will provide an opportunity for inspection and copying of the records at the place it considers most feasible, or, should TVA find it more convenient to do so, furnish copies of such records. (e) Fees. A price list for various TVA publications and reports is contained in TVA form 3077, and copies of this price list may be obtained by writing to the "Director of Information, Tennessee Valley Authority, Knoxville, Tenn. 37902." TVA records which are not inIcluded in the foregoing price list are made available at prices which will approximately cover direct or incremental costs to TVA for searching, compiling, copying, transporting, or otherwise preparing and furnishing the records. A minimum charge of $4 is made except that charges may be waived for information supplied to public or governmental bodies or officials, when it is in TVA's interests to provide information without charge, or in other cases where TVA determines it would be inappropriate to make a charge. [32 F.R. 8133, June 7, 19671 along or in the Tennessee River or any of its tributaries. Except as otherwise provided in paragraph (h) of this section the special approval of the Board of Directors must be obtained with respect to each such structure prior to its construction, operation, or maintenance. The Board has established the following procedure to be followed in all cases where it is desired to obtain such approval. (a) Request. Applicant shall make a formal request in writing, addressed to "Board of Directors, Tennessee Valley Authority, Knoxville, Tennessee." (b) Contents of request. The request shall be accompanied by four complete sets of detailed plans for the construction, operation, and maintenance of the structure desired to be built, which shall include: (1) Accurate maps showing the exact location where the structure is sought to be built, (2) detailed plans, in scale, of the structure sought to be built, (3) detailed statements of the plans formulated for the maintenance and operation of the structure when built, (4) sufficient information to describe adequately all of the persons, corporations, organizations, agencies, or others who propose to build such structure, and (5) a report of the anticipated environmental consequences resulting from the erection of the proposed structure. This report of anticipated environmental consequences shall include a discussion of: (i) The probable impact of the proposed structure on the environment; (ii) any probable adverse environmental consequences which cannot be avoided; (iii) alternatives to the proposed structure; (iv) the relationship between the local short-term uses of the environment and the maintenance of long-term productivity which will result from the proposed structure; and (v) any irreversible or irretrievable commitments of resources which would be involved by virtue of the proposed structure. If construction or operation of the proposed structure or any part thereof, or the conduct of the activity in connection with which approval is sought, may result in any discharge into navigable waters of the United States, applicant shall also submit with the request a certification from the State in which such discharge would originate, or, if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge would originate, or from the Environmental Protection Agency, that such State or agency or the Environmental Protection Agency has determined after public notice of applicant's proposal that there is reasonable assurance that applicant's proposed activity will be conducted in a manner which will not violate applicable water quality standards. If construction or operation of the proposed structure will affect water quality but is not subject to any applicable water quality standards, applicant shall submit a written statement to that effect by such State, agency, or the Environmental Protection Agency. The applicant shall further submit such supplemental and additional information as TVA may deem necessary for the review of the application. (c) Additional information. The Board, prior to acting on such requests, may require that it be furnished such further, other and more detailed information as it shall find necessary to its determination. The Board shall receive any additional information which applicant may submit in writing prior to the determination of the Board. (d) Little Tennessee River; date of formal submission. As regards structures on the Little Tennessee River, the date of formal submission shall be that date upon which applicant has complied in good faith with all of the provisions of paragraphs (a) and (b) of this section. (1) (e) Determination of request. Subject to the necessity for Board approval of structures coming within the terms of section 26a, administration of the handling of applications has been delegated to TVA's Division of Reservoir Properties. This division conducts preliminary investigations; coordinates the processing of applications within TVA; notifies the applicant if preparation and review of an environmental statement are required under the National Environmental Policy Act, and of what additional information must be submitted to TVA by applicant so that TVA may comply with the requirements of that Act and related legal requirements, and complete its review of the application; and arranges for notification to the Environmental Protection Agency of applications that request approval of plans for structures which may result in a discharge into navigable waters of the United States and are certified in accordance with the requirements of paragraph (b) of this section. TVA conducts hearings (i) when requested by the applicant, (ii) when it deems that a hearing is necessary or appropriate in determining the issues presented by the application, (iii) when required on the objection of another State under the provisions of section 21(b)(2) of the Federal Water Pollution Control Act, as amended, or (iv) when required to determine the necessity for suspending, under section 21(b) (4) of said Act, as amended, a previously granted, approval. Upon completion of the investigation, coordination of the review of water quality aspects of the application under the Federal Water Pollution Control Act, as amended, completion of review under the National Environmental Policy Act, if required, and hearing or hearings, if any, the Director of the Division of Reservoir Properties makes a report to the Board and recommends approval or disapproval of the application. The Board then makes a final determination based upon the application and supporting papers, the report of investigation, the transcript of the hearing or hearings, if any be held, the recommendation of the Director, and the applicable provisions of the TVA Act, the Federal Water Pollution Control Act, and the National Environmental Policy Act. (2) If an approval is granted under section 26a of the structure or facility with respect to which a certificate of compliance with applicable water quality standards has been obtained pursuant to section 21(b)(1) of the Federal Water Pollution Control Act, as amended, and no additional Federal permit or license is required for operation of such structure or facility, the holder of the TVA approval shall, prior to initial operation of the approved structure or facility, provide an opportunity for the certifying State or, if appropriate, the interstate agency or the Environmental Protection Agency to review the manner in which the structure or facility will be operated or conducted, for the purpose of assuring that applicable water quality standards will not be violated. (f) (1) Hearings. If a hearing is to be held for any of the reasons described in paragraph (e) of this section, TVA gives notice of the hearing to all known interested parties. The notice indicates the place and time of hearing, so far as feasible indicates the particular issues to which the hearing will pertain, and provides other relevant information. (2) Hearings may be conducted by the director and/or such other person or |