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assert a claim when initially submit#ting a petition shall not constitute a waiver of any claim the petitioner may have.

(e) Initial action by EPA office. Section 2.204 applies to information to which this section applies, except that

(1) Unless the EPA office has on file a written waiver of a petitioner's claim, a petitioner shall be regarded as an affected business, a petition shall be treated as if it were covered by a business confidentiality claim, and an EPA office acting under § 2.204(d) shall determine that the information in the petition is or may be entitled to confidential treatment and shall take action in accordance with § 2.204(d)(1);

(2) In addition to other required provisions of any notice furnished to a petitioner under § 2.204(e), such notice shall state that

(i) Section 408(f) of the Act, 21 U.S.C. 346a(f), affords absolute confidentiality to information to which this section applies, but after publication by EPA of a regulation establishing a tolerance (or exempting the pesticide chemical from the necessity of a tolerance) neither the Act nor this section affords any protection to the information;

(ii) Information submitted in support of a petition which is also incorporated into a submission in order to satisfy a requirement or condition of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, 7 U.S.C. 136 et seq., is regarded by EPA as being governed, with respect to business confidentiality, by § 2.307 rather than by this section;

(iii) Although it appears that this section may apply to the information at this time, EPA is presently engaged in determining whether for any reason the information is entitled to confidential treatment or will be entitled to such treatment if and when this section no longer applies to the information; and

(iv) Information determined by EPA to be covered by this section will not be disclosed for as long as this section continues to apply, but will be made available to the public thereafter (subject to § 2.210) unless the business fur

nishes timely comments in response to the notice.

(f) Final confidentiality determination by EPA legal office. Section 2.205 applies to information to which this section applies, except that—

(1) Notwithstanding § 2.205(i), the General counsel or his designee, rather than the Regional counsel, shall in all cases make the determinations and take the actions required by § 2.205;

(2) In addition to the circumstances mentioned in § 2.205(f)(1), notice in the form prescribed by § 2.205(f)(2) shall be furnished to each affected business whenever information is found to be entitled to confidential treatment under section 408(f) of the Act but not otherwise entitled to confidential treatment. With respect to such cases, the following sentences shall be substituted for the third sentence of § 2.205(f)(2): “With respect to EPA's implementation of the determination, the notice shall state that (subject to § 2.210) EPA will make the information available to the public on the thirty-first (31st) calendar day after the business's receipt of the written notice (or on such later date as is established in lieu thereof under paragraph (f)(3) of this section), unless the EPA legal office has first been notified of the business's commencement of an action in a Federal court to obtain judicial review of the determination and to obtain preliminary injunctive relief against disclosure; provided, that the information will not be made available to the public for so long as it is entitled to confidential treatment under section 408(f) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 346a(f)."; and

(3) Notwithstanding § 2.205(g), the 31 calendar day period prescribed by § 2.205(f)(2), as modified by paragraph (f)(2) of this section, shall not be shortened without the consent of the business.

(g) [Reserved]

(h) Substantive criteria for use in confidentiality determinations. Section 2.208 does not apply to information to which this section applies. Such information shall be determined to be entitled to confidential treat

ment for so long as this section continues to apply to it.

(i) Disclosure in special circumstances. (1) Section 2.209 applies to information to which this section applies. In addition, under Section 408(f) of the Act, 21 U.S.C. 346a(f), EPA is authorized to disclose the information to other persons. Such authority

under section 408(f) of the Act may be exercised only in accordance with paragraph (i)(2) or (i)(3) of this section.

(2) Information to which this section applies may be disclosed (notwithstanding the fact that it otherwise might be entitled to confidential treatment under this subpart) to a person under contract to EPA to perform work for EPA in connection with the Act, with the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, or regulations which implement either such Act, if the EPA program office managing the contract first determines in writing that such disclosure is necessary in order that the contractor may carry out the work required by the contract. Any such disclosure to a contractor shall be made only in accordance with the procedures and requirements

§ 2.301(h)(2) (ii) through (iv).

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(3) Information to which this section applies may be disclosed by EPA to an advisory committee in accordance with section 408(d) of the Act, 21 U.S.C. 346a(d).

[41 FR 36902, Sept. 1, 1976, as amended at 43 FR 40005, Sept. 8, 1978]

§ 2.309 Special rules governing certain information obtained under the Marine Protection, Research and Sanctuaries Act of 1972.

(a) Definitions. For the purposes of this section:

(1) "Act" means the Marine Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. 1401 et seq.

(2) "Permit" means any permit applied for or granted under the Act.

(3) "Application" means an application for a permit.

(b) Applicability. This section applies to all information provided to or obtained by EPA as a part of any application or in connection with any permit.

(c) Basic rules which apply without change. Sections 2.201 through 2.207 and §§ 2.209 through 2.215 apply without change to information to which this section applies.

(d) Substantive criteria for use in confidentiality determinations. Section 2.208 does not apply to information to which this section applies. Pursuant to section 104(f) of the Act, 33 U.S.C. 1414(f), no information to which this section applies is eligible for confidential treatment.

[41 FR 36902, Sept. 1, 1976, as amended at 43 FR 40005, Sept. 8, 1978]

PART 3-EMPLOYEE RESPONSIBILITIES AND CONDUCT

Subpart A-General Provisions

Sec.
3.100 Purpose.
3.101 Coverage.
3.102

Definitions.

3.103 Ethical standards of conduct for employees.

3.104 Other general standards of conduct. 3.105 Statutes relating to employee conduct.

APPENDIX A-CONFLICT OF INTEREST STATUTES (SEE §§ 3.105 AND 3.606)

APPENDIX B-MISCELLANEOUS STATUTES (SEE §§ 3.105 AND 3.607)

APPENDIX C-PROCEDURES FOR ADMINISTRATIVE ENFORcement of POST-EMPLOYMENT

RESTRICTIONS

Subpart B-Advisory Service and Enforcement 3.200 Purpose.

3.201 Use of advisory service. 3.202 Designation of counselors and statement of functions.

3.203 Review, enforcement, reporting, and investigating.

Subpart C-Financial Interests and Investments 3.300 Purpose. 3.301 General. 3.302 Statutory prohibitions against acts affecting a personal financial interest. 3.303 Waiver of statutory prohibition. 3.304 Confidential statements of employment and financial interests. 3.305 Special requirements under the Clean Air Act.

APPENDIX A-PROCEDURES FOR FILING STATEMENTS OF EMPLOYMENT AND FINANCIAL INTERESTS

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(a) "Agency" means the Environmental Protection Agency.

(b) "Employee” means any officer or employee of the Environmental Protection Agency other than a special Government employee.

(c) "Special Government employee" as defined under section 202 of Title 18, United States Code, means an officer or employee of the Environmental Protection Agency who is retained, designated, appointed, or employed to perform with or without compensation, temporary duties either on a fulltime or intermittent basis, for not to exceed 130 days during any period of 365 consecutive days.

a

(d) "Former employee" means former Environmental Protection Agency employee or former special Government employee as defined under paragraph (c) of this section.

(e) "He" or "his" means persons of either sex, as appropriate.

[38 FR 9556, Apr. 17, 1973, as amended at 42 FR 6809, Feb. 4, 1977]

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§ 3.103 Ethical standards of conduct for employees.

Each employee shall refrain from any use of his official position which is motivated by, or has the appearance of being motivated by, the desire for private gain for himself or other persons. He shall conduct himself in such a manner that there is not the slightest suggestion of the extracting of private advantage from his Government employment. Pursuant to this policy, each employee will observe the following standards of conduct:

(a) He shall not as a result of, or on the basis of, any information derived from his official position or from the official position of other employees with them whom he associates, engage, directly or indirectly, in any business transaction or arrangement, including the buying or selling of securities or recommending the purchase or sale of securities to other persons.

(b) He shall exercise care in his personal financial activities to avoid any appearance of acting on the basis of information obtained in the course of performing his Government duties.

(c) If he acquires information in the course of performing his Government duties that is not generally available to those outside the Government, he shall not use this information to further a private interest or for the special benefit of a business or other entity in which he has a financial or other interest.

(d) He shall not use his Government position in anyway to coerce, or give the appearance of coercing, another person to provide any financial benefit to him or to other persons.

(e) He shall avoid any action, whether or not specifically prohibited by law or regulation (including the provisions of this part), which might result in, or create the appearance of:

(1) Using his public office for private gain;

(2) Giving preferential treatment to any organization or person;

(3) Impeding Government efficiency or economy;

(4) Losing his independence or impartiality of action;

(5) Making a Government decision outside official channels; or

(6) Affecting adversely the confidence of the public in the integrity of the Government.

§ 3.104 Other general standards of conduct.

(a) Use of Government property. An employee shall not directly or indirectly use, or allow the use of, Government property of any kind, including property leased to the Government, for other than officially approved activities. An employee has a positive duty to protect and conserve Government property, including equipment, supplies, and other property entrusted or issued to him.

(b) Indebtedness. The indebtedness of EPA employees is considered to be essentially a matter of their own concern. EPA shall not be placed in the position of acting as a collection agency or of determining the validity or amount of contested debts. Employees are expected, however, to honor in a proper and timely manner all just financial obligations, especially those imposed by law such as Federal, State, or local taxes. For purposes of this section a "just financial obligation" means one acknowledged by the employee or reduced to judgment by a court, and "in a proper and timely manner" means in a manner which the agency determines does not, under the circumstances, reflect adversely on the Government as his employer.

(c) Gambling, betting, and lotteries. While on Government-owned or leased property, or while on duty for the Government, employees shall not participate in any gambling activity, including the operation of a gambling device, in conducting a lottery or pool, in participating in a game for money or property, or in selling or purchasing a numbers slip or ticket. Participation in federally sponsored fund-raising activities conducted under section 3 of Executive Order No. 10927 of March 18, 1961, or in similar EPA-approved activities, is not precluded.

(d) General conduct prejudicial to the Government. Employees shall not engage in criminal, infamous, dishonest, immoral, or disgraceful conduct, or any other conduct prejudicial to the Government.

(e) Statutory prohibitions relating to gifts and decorations. (1) An employee shall not solicit a contribution from another employee for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift presented as a contribution from an employee receiving less salary than himself (5 U.S.C. 7351). This includes service, merchandise, loan, or other thing of value. However, this paragraph (e) does not prohibit a voluntary gift of nominal value or a donation in a nominal amount made on a special occasion such as marriage, illness or death, or retirement.

(2) An employee shall not accept a gift, present, decoration, or other thing from a foreign government unless authorized by Congress as provided by the Constitution and section 7342 of Title 5, United States Code.

(3) Subpart D of this part contains further information regarding acceptance of gifts, gratuities, or entertainment.

(f) Disqualification of former employees in matters connected with former duties or official responsibilities and disqualification of partners. (1) No individual who has been an employee shall, after his employment has ceased, knowingly act as agent or attorney for anyone other than the United States, in connection with any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy charge, accusation, or other particular matter involving a specific party, or parties in which the United States is a party or has a direct or substantial interest and in which he participated personally and substantially as an employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, while so employed.

(2) No individual who has been an employee shall, within 1 year after his employment has ceased, appear personally before any court or department or agency of the Government as agent, or attorney for anyone other than the United States in connection with any matter enumerated and described in paragraph (f)(1) of this section which was under his official responsibility as an employee of the

Government at any time within a period of 1 year prior to the termination of such responsibility.

(3) No partner of an employee shall act as agent or attorney for anyone other than the United States in connection with any matter enumerated and described in paragraph (f)(1) of this section in which such Government employee is participating or has participated personally and substantially as a Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise, or which is the subject of his official responsibility.

§ 3.105 Statutes relating to employee conduct.

Each employee should be aware of the statutory provisions that relate to his ethical and other conduct. Appendix A of this subpart provides the full text of the "conflict of interest" statutes. Appendix B to this subpart cites other statutory provisions which are particularly relevant to employee conduct. These statutes are available for review in the EPA Office of General Counsel.

APPENDIX A-CONFLICT OF INTEREST STATUTES

(SEE §§ 3.105 AND 3.606)

18 U.S.C. 203

Compensation to Members of Congress, officers, and others in matters affecting the Government.

(a) Whoever, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly receives or agrees to receive, or asks, demands, solicits, or seeks, any compensation for services rendered or to be rendered either by himself or another

(1) At a time when he is a Member of Congress, Member of Congress-elect, Resident Commissioner, or Resident Commissionerelect; or

(2) At a time when he is an officer or employee of the United States in the executive, legislative, or judicial branch of the Government, or in any agency of the United States including the District of Columbia—in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which

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