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determination pursuant to $ 2.106 is required, inform the requesting party of where the records may be inspected and, if ascertainable, of the charge for furnishing copies; or

(b) Inform the requesting party that the search for the requested records is continuing, and advise him of the anticipated date of completion of the search, and of any necessary subsequent extensions of such date, at which time (but in no event later than 30 days after receipt of a request for records) the provisions of the appropriate paragraph of this section will be promptly followed; or

(c) Inform the requesting party that the records sought are in the possession of another Government agency; refer the request to the office in such other agency where the records may be found; and notify the requesting party of such referral; or

(d) Inform the requesting party that the records requested do not exist, to the best knowledge of the receiving office; or

(e) Inform the requesting party that the records requested have been published in the FEDERAL REGISTER. or in any other generally available publication, and furnish the citation to such publication and the place or places where it may be obtained; or

(f) Inform the requesting party that disclosure of all or part of the records requested is under review pursuant to § 2.106, and promptly forward the request in accordance therewith: Provided, That with respect to any part of the records requested which is not subject to review pursuant to $ 2.106, action shall be taken promptly under the appropriate paragraph of this section; or

(g) Furnish such other information or take such other action as is appropriate; and

(h) Advise the EPA Office of Public Affairs of the action taken. Š 2.105 Exemptions.

(a) Exempt information Records may be exempt from disclosure, pursuant to 5 U.S.C. 552(b), when they pertain to matters that 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 an agency;

(3) Specifically exempted from disclosure by statute;

(4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(5) Interagency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;

(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 party other than an agency;

(8) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or

(9) Geological and geophysical information and data, including maps, concerning wells.

(b) Procedures. The office responsible for maintaining the records requested will make a preliminary evaluation to determine whether they are exempt from mandatory disclosure pursuant to 5 U.S.C. 552(b). Whenever it is determined that the records requested are or may be exempt, such office will promptly forward a copy or a description of the records requested, together with a brief statement of its position with reference to the applicability of an exemption, and a request for a determination, to the Office of the General Counsel at EPA headquarters, or to the Regional Counsel for the region in which the records are located, and, if the information contained in the records requested was obtained from a person other than EPA, will give notice of the request to such other person. $ 2.106 Determinations by the Office of

the General Counsel or a Regional

Counsel. (a) General. Not later than 10 working days after receipt of a request for a determination, the Office of the General Counsel or Regional Counsel:

(1) Will advise the office requesting the determination to release the records requested, if no exemption pursuant to 5 U.S.C. 552(b) is found applicable; or

(2) Will advise the office requesting the determination not to release the records requested, if disclosure is prohibited by law; or

(3) Will, if it is found that an exemption pursuant to 5 U.S.C. 552(b) is applicable, but that disclosure is not prohibited by law, forward to the EPA Office of Public Affairs the entire file, with an opinion as to the applicability of a statutory exemption; and,

(4) Will, if the information contained in the requested records was obtained from a person other than EPA, advise such other person of the action taken pursuant to this section.

(b) Consultation, A determination by a Regional Counsel under paragraph (a) of this section will be made only after consultation with the Office of the General Counsel. $ 2.107 Determinations by the Office of

Public Affairs. Not later than 10 working days after receipt of an opinion from the Office of the General Counsel or a Regional Counsel pursuant to § 2.106(a)(3) as to the applicability of an exemption under 5 U.S.C. 552(b), the Office of Public Affairs will determine whether the records requested should be made available in the public interest, notwithstanding the applicability of an exemption, and will

(a) Order the disclosure of the records requested, or

(b) Notify the requesting party in accordance with $ 2.109 that the records requested will not be disclosed. $ 2.108 Creation of records.

Documents will not be created by compiling selected items from other documents at the request of a member of the public, nor will records be created to provide the requesting party with data such as ratios, proportions, percentages, frequency distribution, trends, correlations, or comparisons. $ 2.109 Denial of requests for records.

(a) General: If it is determined pursuant to this part that requested records will not be provided, the EPA office responsible for maintaining the requested records (or, in the event a determination has been made under $ 2.107(b), the Office of Public Affairs will notify the requesting party in writing that the request has been denied. A written denial of a request for information will contain a brief explanation of the statutory basis for nondisclosure, and will state that judicial review is available in the U.S. District Court for the

district in which the requesting party resides or has his principal place of business, or in which the records sought are located.

(b) If EPA shall fail to grant or to deny in writing a request within 90 days following its receipt, the requesting party may regard such failure as final EPA action denying the request, and will be entitled to pursue his remedy in the courts as provided by 5 U.S.C. 552(a) (3). § 2.110 Copies of documents.

If it is determined that records requested may be disclosed, the requesting party will be entitled to copies. However, records shall not be released for copying by non-EPA personnel. When a determination not to disclose a portion of records requested has been made, records will be masked for copying of nonexempt portions of the documents. § 2.111 Payment.

(a) Charges. Fees will be charged for copies of records which are furnished to a person under this part and for time spent in locating and reproducing them, in accordance with a fee schedule maintained and revised by the Office of Public Affairs. No fee will be charged for time spent in processing of any request for information, nor will any fee be charged for periods of less than one-half hour spent in connection with a search for records. For the purposes of this section, “processing” shall include all time spent in generating correspondence related to a request and in making determinations under $ $ 2.106 and 2.107.

(b) Prepayment. In the event pending requests under this part from the same requesting party would require the payment of fees in excess of $10, such records will not be made available, nor copies of such records furnished unless the requesting party first submits payment in the total amount due; or, if not ascertainable, in the approximate amount that would become due upon compliance with the request, as determined by the Office of Public Affairs or by the office complying with the request. In the event an advance payment hereunder shall differ from the amount of the fees actually due, an appropriate adjustment will be effected at the time the copies requested are delivered.

(c) Waiver. The Office of Public Affairs or the office complying with the request may waive the payment of fees, if such waiver would be in the public interest.

PART 3-EMPLOYEE RESPONSIBILITIES AND CONDUCT Sec. 3.735–101 Adoption of regulations. 3.735–102 Counselor and deputy counselors. 3.735–103 Statements of employment and

financial interests. 3.735–104 Disciplinary and other remedial

action. 3.735-105 Gifts, entertainment, and favors. 3.735–106 Outside employment. 3.735–107 Specific provisions of agency reg

ulations governing special Gov

ernment employees. AUTHORITY: The provisions of this Part 3 issued under E.O. 11222. 30 FR. 6469. 3 CFR. 1964-1965 Comp., p. 306; 5 CFR $ 735.101 et seq.

SOURCE: The provisions of this part 3 appear at 36 F.R. 22369, Nov. 25, 1971, unless otherwise noted. & 3.735–101 Adoption of regulations.

Pursuant to 5 CFR § 735.104(f), the Environmental Protection Agency (referred to hereinafter as the Agency) hereby adopts the following sections of Part 735 of Title 5, Code of Federal Regulations: Sections 735.101-735.102, 735.2012, 735.202 (a), (d)-(f), 735.203–735.210, 735-302, 735.303(a), 735.304, 735.305(a), 75.403 (a)-(c), 735.403a, 735.404-735.411. These adopted sections are modified and supplemented as set forth in this part. $ 3.735–102 Counselor and Deputy

Counselors. (a) The Deputy General Counsel shall serve as the Counselor required to be appointed pursuant to 5 CFR § 735.105. The Counselor shall perform the functions described in 5 CFR § 735.105 and those described in $ 3.735–103, relating to statements of employment and financial interests.

(b) The Deputy Counselors required to be appointed pursuant to 5 CFR § 735.105 shall be the Assistant Administrators, Deputy Assistant Administrators, Regional Administrators, and other office heads reporting directly to the Administrator or the Deputy Administrator. The Deputy Counselors shall perform the functions described in 5 CFR § 735.105 and those set forth in $ 3.735–103, relating to statements of employment and financial interests.

$ 3.735-103 Statements of employment

and financial interests. (a) Employees required to submit statements of employment and financial interests under 5 CFR § 735.403 (a)-(c) shall be advised in writing of that requirement.

(b) Any employee aggrieved by the requirement that he submit a statement of employment and financial interests pursuant to paragraph (a) of this section shall have the opportunity to demand review of such requirement, in accordance with such grievance procedures as may from time to time be established by the Administrator.

(c) Each statement of employment and financial interest required under this part shall be submitted for the review of the Deputy Counselor to whose office the reporting employee is permanently assigned, except that statements of employment and financial interest of employees in the immediate office of the Administrator and those of the Deputy Counselors shall be submitted for the review of the Counselor.

(d) When the review described in paragraph (c) of this section indicates a conflict between the interests of an employee or special Government employee of the Agency and the performance of his services for the Government, the reviewing official shall have the indicated conflict brought to the attention of the employee or special Government employee, grant the employee or special Government employee an opportunity to explain the indicated conflict, and attempt to resolve the indicated conflict. If the indicated conflict cannot be resolved, the reviewing official shall forward a written report on the indicated conflict to the Administrator through the Counselor. $ 3.735-104 Disciplinary and other re

medial action. An employee or special Government employee of the Agency who violates any of the regulations in this part or adopted under $ 3.735–101 may be disciplined. The disciplinary action may be in addition to any penalty prescribed by law for the violation. In addition to or in lieu of disciplinary action, remedial action to end conflicts or appearance of conflicts of interest may include but is not limited to: (e) The reporting requirement for special Government employees established by this section may be waived by the Administrator subject to 5 CFR $ 735.412(c).

(1) Changes in assigned duties;

(2) Divestment by the employee or special Government employee of his interest; or

(3) Disqualification for a particular assignment. $ 3.735–105 Gifts, entertainment, and

favors. The Agency authorizes the exceptions to 5 CFR $735.202(a) set forth in 5 CFR $ 735.202(b) (1)-(4). § 3.735–106 Outside employment.

An employee of the Agency may engage in outside employment or other outside activity not incompatible with the full and proper discharge of the duties and responsibilities of his Government employment. An employee who engages in outside employment shall report that fact in writing through channels to the appropriate deputy counselor designated by $ 3.735–102. $ 3.735–107 Specific provisions of

agency regulations governing special

Government employees. (a) Special Government employees, as defined in 5 CFR § 735.102(e), of the Agency shall adhere to the standards of conduct applicable to employees as set forth in this part and adopted under $ 3.735–101, except for that set forth in 5 CFR § 735.203(b).

(b) Special Government employees of the Agency may teach, lecture, or write in a manner not inconsistent with 5 CFR § 735.203(c).

(c) Pursuant to 5 CFR § 735.305(b), the Agency authorizes the same exceptions concerning gifts, entertainment, and favors for special Government employees as are authorized for employees by $ 3.735–105.

(d) Each special Government employee shall, not later than the time of his employment, submit a statement of employment and financial interests as provided in $ 3.735–103, such statement to include:

(1) All other employment; and

(2) The financial interests of the special Government employee which the Counselor shall determine are relevant in the light of the duties to be performed by such special Government employee.

PART 4-INTERIM REGULATIONS

AND PROCEDURES FOR IMPLE-
MENTING THE UNIFORM RELOCA-
TION ASSISTANCE AND REAL
PROPERTY ACQUISITION POLICIES
ACT OF 1970

Subpart A-General Sec. 4.1 Purpose and policy. 4.3 Definitions. 4.5 Applicability. 4.7 Displaced person; qualifications. 4.11 Comparable replacement dwelling;

requirements. 4.13 Decent, safe, and sanitary dwelling;

requirements. 4.17 Decent, safe, and sanitary rental

sleeping rooms; requirements. 4.19 Records.

Subpart B-Requirements for Federal Projects 4.31 Scope. 4.33 Determinations; displacement of

persons. 4.35 Determinations; acquisition of real

property. 4.37 Appeals. 4.39 State agency providing real property

for a Federal project. Subpart C— Requirements for Federally Assisted

Projects 4.51 Scope. 4.53 State agency required to submit re

location plan and statement of re

location procedure. 4.55 Prerequisites to EPA approval of Fed

eral financial assistance to project

or project phase; displacement. 4.57 Assurances required; .acquisition of

real property. 4.59 Use of Federal financial assistance. 4.61 Federal share of costs. 4.63 Appeals. 4.65 Retroactive effect. 4.67 Required amendment of existing

grants, etc.
Subpart D-Relocation Assistance Advisory

Programs 4.71 Scope. 4.73 Extension of services to adjacent occu

pants. 4.75 Relocation programs; general require

ments. 4.77 Organizational requirements. 4.79 Coordination with other agencies.

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Sec. 4.195 Increased interest costs. 4.197 Incidental expenses. 4.199 Computation of rental payments;

tenants. 4.201 Computation of rental payments;

homeowners. 4.203 Determining reasonable monthly rent. 4.205 Rental payments; method of

payment. 207 Computation of down payments. 4.209 Down payments. 4.211 Provisional payment pending con

demnation. 4.213 Combined payments. 1.215 Partial use of home for business or

farm operation. Multiple occupants of a single

Sec. 4.81 Public information; general. 4.83 Public information; hearings. 4.85 Public information; brochure. 4.87 Public information; announcements. 4.89 Public information; notices. 4.91 Waiver of public information require

ments. 4.93 Information for displaced persons.

Subpart E-Moving and Related Expenses 4.111 Scope. 4.113 Eligibility not dependent on length

of occupancy. 4.115 Payment limited to one move; ex

ception.
4.117 Family treated as person.
4.119

Noneligibility notice to rental occu-
Noneligibility

pants required. 4.121 Moving expenses: application and

payment. 4.123 Exclusions. 4.125 Moving expenses; occupants of

dwellings. 4.127 Moving expenses; businesses and farm

operations. 4.129 Moving expenses; advertising busi

nesses. 4.131 Low value, high bulk property; busi

nesses and farm operations. 4.133 Actual direct losses; businesses and

farm operations. 4.135 Expenses in searching for replace

ment business or farm operations. Subpart F-Fixed Allowance in lieu of Moving

and Related Expenses 4.151 Scope. 4.153 Schedule of moving expense allow

ances; occupants of dwellings. 4.155 Dislocation and moving expense al

lowances; occupants of dwellings. 4.156 Family treated as person. 4.157 Application and payment. 4.159 Fixed allowance; businesses. 4,161 Fixed allowance; farm operation. 4.163 Computing average annual net in

come; businesses and farm opera

tions. Subpart G-Replacement Housing Payments 4.171 Scope. 4.173 Purchase of a decent, safe, and sani

tary dwelling. 4.175 Occupancy. 4.177 Inspection of replacement dwelling

required. 4.179 Application and payment. 4.181 Eligibility. 4.183 Replacement housing payment; pur

chase price. 4.185 Replacement housing payments; rent

and down payments. 4.187 Rules for considering land values. 4.189 Limitations; payment for purchase

price. 4.191 Reasonable cost of comparable re

placement dwelling. 4.193 Owner retention.

4.219 Multifamily dwelling. 4.221 Certificate of eligibility pending pur

chase of replacement dwelling. Subpart H-Relocation Assistance Functions

Carried Out Through Other Agencies 4.231 Authority to carry out relocation as

sistance through other agencies. 4.233 Interagency agreement required. 4.235 Amendment of existing agreements

required. Subpart |--Acquisition of Real Property 4.251 Scope. 4.253 Real property acquisition practices. 4.255 Statement of just compensation to

owner. 4.257 Equal interest in improvements to be

acquired. 4.259 Payments to tenants for improve

ments. 4.261 Expenses incidental to transfer of

title. 4.263 Litigation expenses. Appendix A-Records.

AUTHORITY: The provisions of this Part 4 issued under sec. 213, 84 Stat. 1900.

SOURCE: The provisions of this part 4 appear at 36 F.R. 22370, Nov. 25, 1971, unless otherwise noted.

Subpart A-General § 4.1 Purpose and policy.

(a) This part implements the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 which provides for the uniform and equitable treatment of persons displaced from their homes, businesses, or farms by Federal and federally assisted projects and estatlishes uniform and equitable land acquisition policies for Federal and federally-assisted programs.

(b) In implementing the act, it is the policy of the Environmental Protection Agency to deal consistently and fairly with all persons whose property is taken

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