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unauthorized disclosure could reason- classification is improper, or that the ably be expected to cause serious dam- document is subject to declassification, age to the national security. Examples he shall so advise the Director, Secuof “serious damage” include disruption rity and Inspection Division, who will of foreign relations significantly af be responsible for obtaining a resolufecting the national security; signifi- tion. cant impairment of a program or pol- (c) Downgrading and declassification. icy directly related to the national se Classified information and material ofcurity; revelation of significant mili ficially transferred to the Agency durtary plans or intelligence operations; ing its establishment, pursuant to Reand compromise of scientific or techno- organization Plan No. 3 of 1970, shall be logical developments relating to na- declassified in accordance with procetional security. The classification Se dures set forth below. Also, the same cret shall be sparingly used.

procedures will apply to the declas(3) Confidential. Confidential refers to sification of any information in the that national security information or Agency's possession which originated material which requires protection. in departments or agencies which no The test for assigning Confidential longer exist, except that no declasclassification shall be whether its un- sification will occur in such cases until authorized disclosure could reasonably other departments having an interest be expected to cause damage to the na in the subject matter have been contional security.

sulted. Other classified information in

the Agency's possession may be down$ 11.5 Procedures.

graded or declassified by the official (a) General. Agency instructions on authorizing its classification, by a sucaccess, marking, safekeeping, account- cessor in capacity, or by a supervisory ability, transmission, disposition, and official of either. destruction of classification informa (1) General Declassification Scheduletion and material will be found in the (i) Top Secret. Information or material EPA Security Manual for Safeguarding originally classified Top Secret shall Classified Material. These instructions become automatically downgraded to shall conform with the National Secu- Secret at the end of the second full calrity Council Directive of May 17, 1972, endar year following the year in which governing the classification, down it was originated, downgraded to Congrading, declassification, and safe fidential at the end of the fourth full guarding of National Security Informa calendar year following the year in tion.

which it was originated, and declas(b) Classification. (1) When informa sified at the end of the 10th full caltion or material is originated within endar year following the year in which EPA and it is believed to require classi- it was originated. fication, the person or persons respon (ii) Secret. Information and material sible for its origination shall protect it originally classified Secret shall bein the manner prescribed for protection come automatically downgraded to of classified information. The informa Confidential at the end of the second tion will then be transmitted under ap full calendar year following the year in propriate safeguards to the Director, which it was originated, and declasSecurity and Inspection Division, who sified at the end of the eighth full calwill forward it to the department hav endar year following the year in which ing primary interest in it with a re it was originated. quest that a classification determina (iii) Confidential. Information and tion be made.

material originally classified Confiden(2) A holder of information or mate- tial shall become automatically declasrial which incorporates classified infor- sified at the end of the sixth full calmation properly originated by other endar year following the year in which agencies of the Federal Government it was originated. shall observe and respect the classifica- (2) Exemption from the General Declastion assigned by the originator.

sification Schedule. Information or ma(3) If a holder believes there is unnec- terial classified before June 1, 1972, asessary classification, that the assigned signed to Group 4 under Executive

Order No. 10501, as amended, shall be subject to the General Declassification Schedule. All other information or material classified before June 1, 1972, whether or not assigned to Groups 1, 2, or 3, of Executive Order No. 10501, as amended, shall be excluded from the General Declassification Schedule. However, at any time after the expiration of 10 years after the date of origin it shall be subject to a mandatory classification review and disposition in accordance with the following criteria and conditions:

(i) It shall be declassified unless it falls within one of the following cri

of the above criteria shall be so marked, and, unless impossible, a date for automatic declassification shall be set.

(iii) All requests for “mandatory review" shall be directed to: Director, Security and Inspection Division, Environmental Protection Agency, Washington, DC 20460.


(a) Classified information or material furnished by foreign governments or international organizations and held by the United States on the understanding that it be kept in confidence.

(b) Classified information or material specifically covered by statute, or pertaining to cryptography, or disclosing intelligence sources or methods.

(c) Classified information or material disclosing a system, plan, installation, project, or specific foreign relations matter, the continuing protection of which is essential to the national security.

(d) Classified information or material the disclosure of which would place a person in immediate jeopardy.

(ii) Mandatory review of exempted material. All classified information and material originated after June 1, 1972, which is exempted under any of the above criteria shall be subject to a classification review by the originating department at any time after the expiration of 10 years from the date of origin provided:

(a) A department or member of the public requests a review;

(6) The request describes the document or record with sufficient particularity to enable the department to identify it; and

(c) The record can be obtained with a reasonable amount of effort.

(d) Information or material which no longer qualifies for exemption under any of the above criteria shall be declassified. Information or material which continues to qualify under any

The Director, Security and Inspection Division shall promptly notify the action office of the request, and the action office shall immediately acknowledge receipt of the request in writing.

(iv) Burden of proof for administrative determinations. The burden of proof is on the originating Agency to show that continued classification is warranted within the terms of this paragraph (c)(2).

(v) Availability of declassified material. Upon a determination under paragraph (ii) of this paragraph (c)(2), that the requested material no longer warrants classification, it shall be declassified and made promptly available to the requester, if not otherwise exempt from disclosure under section 552(b) of Title 5 U.S.C. (Freedom of Information Act) or other provision of law.

(vi) Classification review requests. As required by paragraph (ii) of this paragraph (c)(2) of this order, a request for classification review must describe the document with sufficient particularity to enable the Department or Agency to identify it and obtain it with a reasonable amount of effort. Whenever a request is deficient in its description of the record sought, the requester should be asked to provide additional identifying information whenever possible. Before denying a request on the ground that it is unduly burdensome, the requester should be asked to limit his request to records that are reasonably obtainable. If nonetheless the requester does not describe the records soug with sufficient particularity, or the record requested cannot be obtained with a reasonable amount of effort, the requester shall be notified of the reasons why no action will be taken and of his right to appeal such decision.



eserved 12.130 General prohibitions against dis

crimination. 12.131–12.139 (Reserved] 12.140 Employment. 12.141-12.148 12.149 Program accessibility: Discrimina

tion prohibited. 12.150 Program accessibility: Existing fa

cilities. 12.151 Program accessibility: New construc

tion and alterations. 12.152–12.159 (Reserved] 12.160 Communications. 12.161–12.169 [Reserved] 12.170 Compliance procedures. 12.171-12.999 [Reserved]

AUTHORITY: 29 U.S.C. 794.

SOURCE: 52 FR 30606, Aug. 14, 1987, unless otherwise noted.

$ 11.6 Access by historical researchers

and former Government officials. (a) Access to classified information or material may be granted to historical researchers or to persons who formerly occupied policymaking positions to which they were appointed by the President: Provided, however, That in each case the head of the originating Department shall:

(1) Determine that access is clearly consistent with the interests of the national security; and

(2) Take appropriate steps to assure that classified information or material is not published or otherwise compromised.

(b) Access granted a person by reason of his having previously occupied a policymaking position shall be limited to those papers which the former official originated, reviewed, signed, or received while in public office, except as related to the “Declassification of Presidential Papers,” which shall be treated as follows:

(1) Declassification of Presidential Papers. The Archivist of the United States shall have authority to review and declassify information and material which has been classified by a President, his White House Staff or special committee or commission appointed by him and which the Archivist has in his custody at any archival depository, including a Presidential library. Such declassification shall only be undertaken in accord with:

(i) The terms of the donor's deed of

$ 12.101 Purpose.

The purpose of this part is to effectuate section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by Executive agencies or the U.S. Postal Service. Section 504 regulations applicable to recipients of financial assistance from the Environmental Protection Agency (EPA) may be found at 40 CFR part 7 (1986).

$ 12.102 Application.

This part applies to all programs or activities conducted by the agency, except for programs or activities conducted outside the United States that do not involve individuals with handicaps in the United States.


(ii) Consultations with the Departments having a primary subject-matter interest; and

(iii) The provisions of $11.5(c). (2) (Reserved]



$ 12.103 Definitions.

For purposes of this part, the term

Agency means Environmental Protection Agency.

Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, U.S. Department of Justice.

Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the agency. For example, auxiliary aids

Sec. 12.101 Purpose. 12.102 Application. 12.103 Definitions. 12.104-12.109 [Reserved] 12.110 Self-evaluation. 12.111 Notice.

useful for persons with impaired vision retardation, emotional illness, and include readers, Brailled materials, drug addiction and alcoholism. audio recordings, and other similar (2) Major life activities includes funcservices and devices. Auxiliary aids tions such as caring for one's self, peruseful for persons with impaired hear forming manual tasks, walking, seeing, ing include telephone handset ampli- hearing, speaking, breathing, learning, fiers, telephones compatible with hear and working. ing aids, telecommunication devices (3) Has a record of such an impairment for deaf persons (TDD's), interpreters, means has a history of, or has been notetakers, written materials, and misclassified as having, a mental or other similar services and devices.

physical impairment that substantially Complete complaint means a written limits one or more major life activistatement that contains the complain ties. ant's name and address and describes

(4) Is regarded as having an impairment the agency's alleged discriminatory ac

meanstion in sufficient detail to inform the (i) Has a physical or mental impairagency of the nature and date of the al

ment that does not substantially limit leged violation of section 504. It shall

major life activities but is treated by be signed by the complainant or by

the agency as constituting such a limisomeone authorized to do so on his or

tation; her behalf. Complaints filed on behalf

(ii) Has a physical or mental impairof classes or third parties shall describe

ment that substantially limits major or identify (by name, if possible) the

life activities only as a result of the atalleged victims of discrimination.

titudes of others toward such impairFacility means all or any portion of

ment; or buildings, structures, equipment,

(iii) Has none of the impairments deroads, walks, parking lots, rolling

fined in subparagraph (1) of this defini

tion but is treated by the agency as stock or other conveyances, or other real or personal property.

having such an impairment. Individual with handicaps means any

Qualified individual with handicaps

meansperson who has a physical or mental

(1) With respect to any agency proimpairment that substantially limits

gram or activity under which a person one or more major life activities, has a

is required to perform services or to record of such an impairment, or is re

achieve a level of accomplishment, an garded as having such an impairment.

individual with handicaps who meets As used in this definition, the phrase:

the essential eligibility requirements (1) Physical or mental impairment in

and who can achieve the purpose of the cludes

program or activity, without modifica(i) Any physiological disorder or con tions in the program or activity that dition, cosmetic disfigurement, or ana

the agency can demonstrate would retomical loss affecting one or more of sult in a fundamental alteration in its the following body systems: Neuro nature; or logical; musculoskeletal; special sense (2) With respect to any other proorgans; respiratory, including speech gram or activity an individual with organs; cardiovascular; reproductive, handicaps who meets the essential elidigestive, genitourinary; hemic and gibility requirements for participation lymphatic; skin, and endocrine; or

in, or receipt of benefits from, that pro(ii) Any mental or psychological dis gram or activity. order, such as mental retardation, or (3) Qualified handicapped person as ganic brain syndrome, emotional or that term is defined for purposes of emmental illness, and specific learning ployment in 29 CFR 1613.702(f), which is disabilities. The term physical or mental made applicable to this part by $ 12.140. impairment includes, but is not limited Section 504 means section 504 of the to, such diseases and conditions as or- Rehabilitation Act of 1973 (Pub. L. 93– thopedic, visual, speech, and hearing 112, 87 Stat. 394 (29 U.S.C. 794), as impairments, cerebral palsy, epilepsy, amended by the Rehabilitation Act muscular dystrophy, multiple sclerosis, Amendments of 1974 (Pub. L. 93–516, 88 cancer, heart disease, diabetes, mental Stat. 1617); and the Rehabilitation, Comprehensive Services, and Develop- as the agency head finds necessary to mental Disabilities Amendments of apprise such persons of the protections 1978 (Pub. L. 95-602, 92 Stat. 2955); and against discrimination assured them the Rehabilitation Act Amendments of by section 504 and this regulation. 1986 (Pub. L. 99-506, 100 Stat. 1810). As used in this part, section 504 applies

88 12.112–12.129 [Reserved] only to programs or activities conducted by Executive agencies and not

$ 12.130 General prohibitions against to federally assisted programs.


(a) No qualified individual with 88 12.104–12.109 [Reserved]

handicaps shall, on the basis of handi

cap, be excluded from participation in, § 12.110 Self-evaluation.

be denied the benefits of, or otherwise (a) The agency shall, by November 13,

be subjected to discrimination under 1987, begin a nationwide evaluation, of

any program or activity conducted by its current policies and practices, and

the agency. the effects thereof, that do not or may

(b)(1) The agency, in providing any not meet the requirements of this part.

aid, benefit, or service, may not, diThe agency shall provide an oppor

rectly or through contractual, licenstunity to interested persons, including

ing, or other arrangements, on the individuals with handicaps or organiza

basis of handicap tions representing individuals with

(i) Deny a qualified individual with handicaps to, participate in the self

handicaps the opportunity to particievaluation process by submitting com

pate in or benefit from the aid, benefit, ments (both oral and written). (b) The evaluation shall be concluded

or service; by September 14, 1988, with a written

(ii) Afford a qualified individual with report submitted to the Administrator

handicaps an opportunity to particithat states the findings of the self-eval

pate in or benefit from the aid, benefit, uation, any remedial action taken, and

or service that is not equal to that afrecommendations, if any, for further

forded others; remedial action.

(iii) Provide a qualified individual (c) The Administrator shall, within

with handicaps with an aid, benefit, or 60 days of the receipt of the report of

service that is not as effective in afthe evaluation and recommendations,

fording equal opportunity to obtain the direct that certain remedial actions be

same result, to gain the same benefit, taken as he/she deems appropriate.

or to reach the same level of achieve(d) The agency shall, for at least ment as that provided to others; three years following completion of the (iv) Provide different or separate aid, evaluation required under paragraph benefits, or services to individuals with (b) of this section, maintain on file and handicaps or to any class of individuals make available for public inspection with handicaps than is provided to oth

(1) A list of the interested persons ers unless such action is necessary to consulted;

provide qualified individuals with (2) A description of the areas exam handicaps with aid, benefits, or servined and any problems identified; and ices that are as effective as those pro(3) A description of any modifications

of any modifications vided to others; made.

(v) Deny a qualified individual with

handicaps the opportunity to partici$ 12.111 Notice.

pate as a member of planning or adviThe agency shall make available to sory boards; or employees, unions representing em (vi) Otherwise limit a qualified indiployees, applicants, participants, bene- vidual with handicaps in the enjoyficiaries, and other interested persons ment of any right, privilege, advansuch information regarding the provi tage, or opportunity enjoyed by others sions of this part and its applicability receiving the aid, benefit, or service. to the programs or activities conducted (2) The agency may not deny a qualiby the agency, and make such informa- fied individual with handicaps the option available to them in such manner portunity to participate in programs or

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