ion or individual, without charge to the extent practicable, or at a fee which is not more than the actual cost of reproduction. A copy of the draft statement shall in all cases be sent free of charge to any applicant whose proposed action Is the subject of the statement.

(g) All agencies and private parties shall be allowed a minimum of 45 days for review and submission of comments regarding a draft statement. The length of the review period shall be calculated from the date of publication in the FEDERAL REGISTER of the Council's listing notifying the public of the issuance of the impact statement. Where the Director determines that a request for an extension of time is meritorious, he may extend the review period. Where no such extension of time has been requested, and no comments have been received within the 45 day period, it may be presumed after 45 days that no agency or party has any comment to make.

(h) In cases where a public hearing is to be held on a proposed action which is the subject of an environmental impact statement, the impact of the proposed action on the environment shall be a proper issue at the hearing. The Director, to the extent practicable, should make the draft environmental impact statement available to the public at least fifteen (15) days prior to the time of such a hearing. Also, the Director may, where appropriate, hold public hearings solely for the purpose of exploring the environmental impact of a proposed action.

(1) The Director shall complete a summary sheet on each draft and final impact statement that shall accompany the statement. Appendix I of this part contains the form to follow for completing such a sheet.

§1999.5 Preparation and circulation of final environmental impact statements.

(a) After a draft impact statement has been circulated and at least 45 days have elapsed for review of it, the Director may prepare a final impact statement. If he decides not to prepare a final statement he shall set forth in writing his decision and the reasons for it, which shall be available for public inspection under Part 1913 of this chapter.

(b) The final impact statement shall contain an analysis of all significant comments received, including comments

received at a hearing. All substantive comments received on the draft statement (or summaries thereof where the response has been exceptionally voluminous) shall be attached to the final statement, whether or not each such comment is thought to merit individual discussion in the text of the statement.

(c) Ten copies of the final impact statement, together with the substance of all comments received on the draft statement, shall be forwarded to the Council which will publish a notice thereof in the FEDERAL REGISTER.

(d) Copies of final impact statements, with comments attached, shall be sent, where practicable, to all Federal, Federal-State, State, and local agencies and private organizations that made substantial comments on the draft statement and to individuals who requested a copy of the final statement, as well as any applicant whose proposal is the subject of the statement. Copies shall also be sent to all agencies that share jurisdiction and expertise with OSHA in the area that involves the proposed action. (See § 1999.4 (e) and Appendices II and III of the Council's Guidelines, 40 CFR Part 1500, (38 FR 20550).)

(e) In all cases, copies of final statements shall be sent to the Environmental Protection Agency to assist it in carrying out its responsibilities under section 309 of the Clean Air Act.

(f) Once the final statement has been prepared, the Director shall make the statement, the comments received regarding the draft impact statement, and any underlying documents, available to the public pursuant to the Freedom of Information Act (5 U.S.C. 552), without regard to the exclusion of intra- or interagency memoranda when such memoranda transmit comments of Federal agencies on the environmental impact of the proposed action, and in accordance with Part 1913 of this chapter. Where appropriate, the Director shall utilize methods, in addition to the Council's noticing of the statement in the FEDERAL REGISTER, to publicize the existence of the environmental impact statement.

(g) In no case shall final agency action be taken sooner than 30 days after the publication in the FEDERAL REGISTER of the Council's listing notifying the public of issuance of the final impact statement, except as otherwise provided in § 1999.6.

(h) The Director may at any time supplement or amend a draft or final impact statement, particularly when substantial changes are made in the proposed action, or significant new information becomes available concerning its environmental impact. In such cases, the Director shall consult with the Council with respect to the possible need for or desirability of recirculation of the statement for an appropriate length of time. § 1999.6 Emergency circumstances.

When emergency circumstances, overriding considerations of expense to the Federal government, or impaired program effectiveness make it necessary to take an action with significant environmental impact without observing the requirements of §§ 1999.3, 1999.4 and 1999.5, the Director shall consult as soon as possible with the Council regarding alternative procedures to be followed, which may include informal consultation with persons likely to be affected by the action. § 1999.7 Effect of final impact state

ments upon agency decisionmaking. In deciding whether to take an action which is the subject of a final impact statement, the Assistant Secretary of Labor for Occupational Safety and Health will consider the final impact statement and the comments thereon, along with other considerations dictated by the Williams-Steiger Occupational Safety and Health Act of 1970.

Any revision of this part will be pre posed and adopted only after prior em sultation with the Council and, in t case of substantial revision, opportun for public comment. All revisions w published in the FEDERAL REGISTER

APPENDIX I-SUMMARY TO ACCOMPANY DRAFT AND FINAL IMPACT STATEMENTS Check one: () Draft. ( ) Environmental Impact Statement. Department of Labor, Occupational S and Health Administration, Office of Stan ards, Applications Research Branch, Bac 210, 1726 M Street NW., Washington, D 20210.

(1) Name of action. (Check one) Administrative action.

action.

( ) Legislaz

(2) Brief description of action and its pr pose, what States are affected, and wis other, if any, Federal actions are in the g graphical area.

(3) Summary of environmental impa and adverse environmental impacts and verse environmental effects.

(4) Summary of major alternatives c sidered.

(5) (For draft statements) List all Federal, State, Federal-State, and local agencia and other parties from which comments ha been requested. (For final statements) L all Federal, State, Federal-State, and loc agencies and other parties from which w ten comments have been received.

(6) Date draft statement (and final enti ronmental impact statement, if one bu been issued) was made available to the Council and the public and the final date fur submission of comments.

rt

Page

00

323

Gambling, betting, and lotteries.

Misuse of official information,
Misuse of Federal property.

2100.10 Partisan political activities.

Subpart C-Outside Interests, Employment,
Business and Professional Activities

Sec.

2100.24 Interests of employees' relatives. 2100.25 Information not known by em

ployees.

2100.26 Information not required.

2100.27 Effect of employees' statements on other requirements.

Appendix A.

AUTHORITY: Sec. 12(g), Pub. L. 91-596, 84 Stat. 1604 (29 U.S.C. 661(f)); E.O. 11222; 8 CFR 1964-65 Comp, p. 306; 5 CFR 735.104; 18 U.S.C. 201 through 209.

SOURCE: 40 FR 6649, Feb. 13, 1975, unless otherwise noted.

§ 2100.1

Subpart A-General

Purpose and scope.

(a) This part is designed to implement provisions of Executive Order 11222 of May 8, 1965, "Prescribing Standards of Ethical Conduct for Government Officials and Employees," and 5 CFR 735.101 et seq. It prescribes standards of conduct for employees of the Occupational Safety and Health Review Commission (hereinafter OSAHRC) relating to conflicts of interest arising out of outside employment, private business and professional activities, and financial interests. It sets forth requirements for the disclosure of such interests by OSA HRC employees. In addition, it states basic principles regarding employees' conduct on the job and the ethics of their relationship to OSAHRC as their employer. The head of any OSAHRC office may with the approval of the Chairman, adopt additional standards and pro

cedures, not inconsistent with this part. Any such additional standards and procedures shall be furnished in writing to the employees affected. This part applies to all regular and special Government employees except to the extent otherwise indicated herein. For the purpose of this part:

(1) "Regular employee" means an official or employee of OSAHRC, but does not include a special Government employee.

(2) "Special Government employee" means an official or employee of OSAHRC who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed 130 days during any period of 365 consecutive days, temporary duties either on a fulltime or intermittent basis.

(3) "Employee" means a regular and a special Government employee.

(4) The term "office", except where otherwise indicated, means an office which is not a part of a larger administrative subdivision of the Commission.

(5) Whenever this part requires the Executive Director to make any report about his own interests which would otherwise be made to the Executive Director, the Executive Director shall report directly to the OSAHRC Chairman.

(b) This part, among other things, reflects prohibitions and requirements imposed by the criminal and civil laws of the United States. However, the paraphrased restatements of criminal and civil statutes in no way constitute an interpretation or construction thereof that is binding upon the Federal Government. Moreover, this part does not purport to paraphrase or enumerate all restrictions or otherwise upon Federal employees. The omission of a reference to any such restriction or requirement in no way alters the legal effect of that restriction or requirement.

§ 2100.2 Counseling service.

(a) The Executive Director has been designated OSAHRC counselor in matters within the scope of the regulations in this part. Employees are expected to familiarize themselves with the regulations in this part, the laws and regulations on which they are based, and the supplementary instructions issued by the administrations, bureaus, and offices in which they work. Attention of all employees is hereby directed to the statutes set forth in 5 CFR 735.210 (see Appendix

A to this part). Employees who need de ification of the standards of conduct, an related laws, rules, and regulat should consult the Executive Director

(b) Each head of an office is resp sible for application of the standards conduct to employees under his j diction. He is responsible for ass that his employees are furnished cop of the regulations in this part not laz than 90 days after their approval by t Civil Service Commission. Each new eployee shall be furnished such a copy later than the time of his entrance a duty. The heads of offices shall 85527 that employees are advised of the time and places where counseling services &T available. They shall assure that the re ulations in this part are brought to the attention of each employee at least nually and at such other times as er cumstances warrant.

§ 2100.3 General.

(a) Failure of an employee to comp with any of the standards of conduct & forth in this part shall be a basis f such disciplinary or other remedial action as may be appropriate to the particu case. Such remedial action may include but is not limited to:

(1) Changes in assigned duties; (2) Divestment by the employee of his conflicting interest;

(3) Disciplinary action; or

(4) Disqualification for a particula assignment.

(b) Remedial action, whether discplinary or otherwise, shall be effected in accordance with any applicable laws executive orders and regulations.

(a) The effectiveness of OSAHRC in fulfilling its statutory responsibilities depends upon the extent to which its offcials and employees hold the public confidence. Employees are therefore required not only to observe the requirements of Federal laws, policies, orders and regulations governing official conduct, they must also avoid any apparent conflict with these requirements. Each employee shall avoid situations in which his private interests conflict or raise a reasonable question of conflict with his public duties and responsibility. An employee shall avoid any action, whether or not specifically prohibited, which might result in or create the appearance of using

blic office for private gain, giving prefential treatment to any person, impedg Government efficiency or economy, sing complete independence or imparality, making a Government decision itside of official channels, or affecting iversely the confidence of the public in le integrity of the Government.

(b) Employees must conduct themelves in such manner that OSAHRC's work is effectively accomplished. They aust observe the requirements of couresy, consideration and promptness in dealing with or serving the public and ail hose interested in OSAHRC. Although it s the policy of this agency not to restrict or interfere with the private lives of its employees, each employee is expected to conduct himself at all times so that his actions will not bring discredit upon himself or upon OSAHRC or the Federal service.

Indebtedness of employees is essentially a matter of their own concern. OSAHRC will not be placed in the position of acting as a collection agency or of determining the validity or amount of contested debts. Nevertheless, failure on the part of an employee without good reason and in a proper and timely manner to honor his just financial obligations; that is, debts acknowledged by him to be valid or reduced to judgment by a court or to make or to adhere to satisfactory arrangements for the settlement thereof may be the cause for disciplinary action. In this connection each employee has a special obligation to meet his responsibilities for payment of Federal, State, and local taxes.

§ 2100.8 Misuse of official information.

Employees may not, except with specific permission or as provided in 2100.11 in regard to teaching, lecturing, or writing, directly or indirectly use or allow the use of official information for private purposes or to further a private interest when such information is not available to the general public; nor may employees disclose official information in violation of any applicable law, policy, Executive order, or regulation.

§ 2100.9 Misuse of Federal property.

An employee shall not directly or indirectly use or allow the use of Government property, including property leased to the Government, for other than officially approved activities. An employee has a positive duty to protect and conserve such property and shall obey all rules and regulations.

(a) In the absence of restrictions made necessary by an employee's public responsibilities, he is entitled to the same rights and privileges as all other citizens. There is therefore no general prohibition against Commission employees holding jobs, financial interests, or engaging in outside business or professional activities. Indeed, such outside activities as teaching, lecturing, and writing are generally to be encouraged since they frequently serve to enhance an employee's value to the Government as well as to increase the spread of knowledge in our society. The employing office may, however, impose reasonable restrictions upon such activities where appropriate and in accordance with § 2100.1. In addition, an employee may not, whether for or without compensation, engage in teaching, lecturing, or writing, including