Unpublished statistical compilations:

Air freight forwarder statistics, compiled from Form 244 semiannually.

Air carrier route miles statistics, quarterly compilations.

Financial results of scheduled all-cargo operations, semiannual compilation. Interim quarterly financial reports of air carriers: Selective summarization of balance sheet factors, first three quarters.

Supplemental air carrier statistics: Quar

terly report of traffic and financial data. Votes of Board Members: Final votes of Board members in Board proceedings. [PR-110, 35 F.R. 6119, Apr. 15, 1970]

APPENDIX B

TYPES OF RECORDS GENERALLY EXCLUDED FROM AVAILABILITY

The following list contains by way of example those records which are "exempted records" under this part. The examples of exempted records are listed according to the applicable subsections of 5 U.S.C. 552 (b).

(1) Documents classified pursuant to Executive Order No. 10501. Classified Board Minutes and classified exhibits in formal proceedings.

(2) Personnel rules and practices. Files pertaining to the Board's personnel.

Technical manuals and instructions pertaining to the Board's audit of carrier accounts.

(3) Material exempted by statute. Matter which heretofore has been exempt from public disclosure under Sections 902 (f) and 1104 of the Federal Aviation Act, or by specific Board order will continue to be exempt. Such matters include carrier audit papers and correspondence relating thereto, and matters on which the Board has granted a motion for nondisclosure pursuant to § 302.39 of its Rules of Practice.

(4) Trade secrets and commercial or financial information. Past or future matter submitted to the Board in confidence but for which no formal request under § 302.39 of the Board's Rules of Practice has been made and granted will be held in confidence by the Board to the extent deemed allowable. No assurance of withholding material is implied by this, however, and affected persons should formally request withholding under § 302.39 where they deem it necessary to protect their interests.

Examples of confidential matters under this subsection include: Carrier accounting manuals; local service carrier passenger

Bureau of Operating Rights, Agreements Division.

Bureau of Accounts and Statistics, Statistical Reports Section.

Do.

Do.

Public Reference Room.

Bureau of Accounts and Statistics, Statistical Reports Section.

Office of Secretary, Minutes Section. (Request to be the Secretary.)

loads by flight schedules, Schedule T-5, subsidy ineligible portion; origin-destination survey of airline passenger traffic (international); MAC charter rate information submitted in advance of MAC rate proceedings; on-line origin and destination of traffic of commuter air carriers (Schedule T-1, Form 298-C); materials related to informal subsidy conferences; certain conference materials and traffic statistics submitted by IATA; Board correspondence to or from air carriers incident to IATA rate conferences and other international conferences; and air carrier or ATA letters, information or views used in developing U.S. positions in international aviation matters.

(5) Inter/intra-agency memoranda. Board Minutes involving items that are pending, and Minutes not approved.

Reference or supporting material keyed to the Board Minutes.

Copies of Board decisions awaiting Presidential action.

Notation, Calendar, and For Information memoranda.

Budget, Management, Program evaluation, Records Disposal, Research, Planning and Program files.

Internal memoranda on the Administrative Conference of the United States.

Files regarding Board requisitions, equipment and space.

Memoranda regarding Interagency Com

BILITIES AND CONDUCT

Subpart G Financial Interests

interests

370.735-71 General prohibition. 370.735-72 Reporting financial and employment.

370.735-73 Employees required to submit statements.

AUTHORITY: The provisions of this Part 370 issued under E.O. 11222, 30 F.R. 6469, 3 CFR, 1965 Supp.; 5 CFR. 735.101 et seq.; secs. 201, 202, 204 of the Federal Aviation Act, 72 Stat. 741, 742, 743; 49 U.S.C. 1821, 1322, 1324.

SOURCE: The provisions of this Part 370 contained in Special Regulation SPR-18, 32 F.R. 13052, Sept. 14, 1967, unless otherwise noted.

Subpart A-General

This part sets forth the standards of ethical conduct required of all Board employees, in implementation of Executive Order 11222, May 8, 1965 (30 F.R. 6469), and Part 735 of the Civil Service Commission regulations adopted pursuant thereto (5 CFR Part 735). It also contains references to the several applicable statutes governing employee conduct, particularly Public Law 87-849 (76 Stat. 1119, 13 U.S.C. 201 et seq.), and the "Code of Ethics for Government Service," House Concurrent Resolution 175, 85th Congress, 2d session (72 Stat. B12). § 370.735-12 Definitions.

As used in this part, unless the context otherwise requires

(a) "Employee" means Board members and employees, including special Government employees as defined in 18 U.S.C. 202.1

118 U.S.C. 202 defines a "special Government employee" as including an officer or employee of any independent agency of the United States 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 full-time or intermittent basis.

(b) "Executive order" means Executive Order 11222 of May 8, 1965 (30 F.R. 6469).

(c) "Person" means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution.

§ 370.735-13 Policy and enforcement.

The maintenance of unusually high standards of honesty, integrity, impartiality, and conduct by Government employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens in their Government. In a regulatory agency such as the Civil Aeronautics Board, whose actions affect the safety and financial interest of a large number of persons (the users of air transportation as well as the suppliers of the service), it is particularly important that every employee be completely impartial, honest and above suspicion of improper conduct. Accordingly, the Board requires that its employees adhere strictly to the highest standard of ethical conduct in all their social, business, political and other off-the-job activities, relationships and interests as well as in their official actions. All Board employees shall exercise their informed judgment to avoid situations which might result in actual or apparent misconduct or conflicts of interest. Failure to adhere to the requirements of the regulations in this part will constitute cause for disciplinary action, including, in appropriate cases, removal. Any such administrative disciplinary action may be in addition to any penalty prescribed by law. § 370.735-14 Procedure for waiver or permission.

Unless a different procedure is specifically prescribed, any request for a waiver or special permission with respect to matters relating to this part shall be made and disposed of as follows:

(a) The employee shall forward to the head of his office or bureau in a timely manner a statement in triplicate setting forth, specifically and in detail, the facts and circumstances surrounding the matter and describing the relief requested.

(b) The head of the office or bureau, with the concurrence of the Director of Personnel and Security, shall determine whether or not the requested relief is permissible and in accord with the spirit and intent of applicable requirements.

The decision thereon shall be entered on each copy of the employee's statement, the original of which shall be forwarded to the Office of Personnel and Security. One copy shall be retained by the bureau or office head, and the remaining copy returned to the employee.

(c) An employee whose request is denied may appeal to the Executive Director by forwarding to him, with copies to the head of the office or bureau and the Office of Personnel and Security, a statement setting forth why he believes the the decision of the head of the office or bureau should be reversed.

(d) If the employee accepts the initial decision of the head of the office or bureau, or if such decision is upheld by the Executive Director on review, the employee shall terminate as soon as is feasible any prohibited employment, activity or interest. Whenever an employee terminates any employment, activity or interest engaged in or held on the basis of a waiver or modification, or upon termination after denial of a request to engage in such activity, he shall so advise the head of the office or bureau by memorandum, with a copy to the Office of Personnel and Security.

§ 370.735-15 Interpretation, advice and dissemination of information.

The Chairman will designate a counselor for the Board who will also serve as the Board's designee to the Civil Service Commission on matters covered by this part, and such number of deputy counselors for the Board's employees as may be appropriate. The Office of Personnel and Security shall distribute a copy of this part to each employee on the Board's roster within 60 days after its approval by the Civil Service Commission and thereafter to each new employee upon entrance on duty. At the same time, such Office shall advise each such employee of the persons who have been designated as counselor and deputy counselors, where and how counseling services are available, where and how access may be obtained to the statutory and other regulatory provisions cited in this part, and the manner in which financial interests and employment are to be reported pursuant to $370.735-72. Thereafter from time to time as may be appropriate, and at least annually, such Office shall again call the attention of each employee to the regulations in this part and again advise each employee of the information heretofore specified.