favorable fleet mix) then no further analysis is required.

3. If the proposed action would lead to an increase in the total pollutant emissions but the perceived change in pollutant concentration at the airport boundary would be less than 1% of the primary national standards for air quality, then no further analysis is required.

The following is a step by step procedure to provide a means of screening the significance of the effect of aircraft operational changes with respect to air pollution: Step 1

Determine the net change in operations as a result of the action by aircraft types on the basis of daily landing/takeoff cycles (LTO). If there are no net increases for any aircraft type, the analysis is terminated at this step. This corresponds to the first of the three tests above.

Step 2

For each aircraft type determine from Table 1 the "adjusted aircraft emission rate" (AAEM) by type of pollutant. The procedure involves the multiplication of the LTO value for each type of aircraft by the AAEM provided in the table. (Note: the value can be positive or negative to account for an increase or decrease respectively in LTO cycles as a result of the action.)

Step 3

Calculate the total AAEM by type of pollutant by summing the rates calculated in Step 3. If the total AAEM is negative there

would be a net decrease in pollutant emissions and the analysis is terminated at this step. This is the second of the three tests above.

Step 4. Determine the overall acreage of the airport(s) being analyzed. This value can be determined from FAA airport facility records or direct contact with airport management.

Step 5. Using Chart 1, test airport (for each type of pollutant) to determine if the net operational changes would exceed the screening threshold (and require further analysis) or fall below the threshold (and require no further analysis). This is the third of the three tests.

EXAMPLE: Planned operating changes: Add 1 flight per day by B747; Add 3 flights per day by DC-10-10; Delete 4 flights per day by B727; Airport Area 2,000 acres. Consider NOx emissions only. (Analysis is similar for other pollutants.)

Source: Speas Associates analysis.

2. Procedures to use if threshold is exceeded. If the test as described in section 1 shows that the pollutant concentrations fall above the screening threshold, additional analyses may be required. These should take into account: actual airport configuration including orientation of arrival and departure flight tracks; local wind and atmospheric stability data; existing (ambient) air quality; relative sensitivity of affected areas; and actual times in each mode of LTO cycle for the particular airport.

B. NOISE SCREENING TEST

For purposes of the Civil Aeronautics Board's consideration of the environmental effects of its actions, the Board and all parties to its proceedings may rely on the following Noise Screening Methodology, or any functional equivalent thereof:

Noise Screening Procedures

Step 1. Determine (a) the total number of aircraft operations per day in the base period, (b) the number of those operations conducted during the daytime (0700-2200). and (c) the number of those operations conducted during the nighttime (2200-0700).

Step 2. Determine whether the percentage of operations by four-engine aircraft with low-bypass-ratio engines (i.e., all series of the B-707, B-702, DC-8, CV-880/990, VC-10) during the base period is (a) less than 5% of total operations; (b) between 5% and less than 10% of total operations; (c) between 10% and less than 15% of total operations; (d) equal to or greater than 15% of total operations.

Step 3. Determine whether the percentage of operations involving short-haul flights of 1,000 miles or less is (a) 80% or greater; (b) between 50% and less than 80%; (c) below 50%.

Step 4. Calculate the area affected by utilizing the following formula:

C=2.0 if 4-engine LBPR aircraft are less than 5 percent of operations --1.0 if 4-engine LBPR aircraft are between 5 percent and less than 10 percent of operations -Oil4-engine LBPR aircraft are between 10 percent and less than 15 percent of operations -0.5 if 4-engine LBPR aircraft are equal to or greater than 15 percent of operations

C -1.0 if 80 percent or more of aircraft operations have a range of 1,000 miles or less

=-0.5 if between 50 percent and less than 80 percent of aircraft operations have a range of 1,000 miles or less

=0 if less than 50 percent of aircraft operations have a range of 1,000 miles or less

Step 5. Repeat Steps 1 through 4, using the forecast-period rather than the baseperiod data.

Step 6. Subtract the area affected in the base period from the area affected in the forecast period, and express the difference as a percentage of the area affected during the base period. If the percentage is less than 17%, no further study is required. If the percentage exceeds 17% further study should be undertaken.

Notes: 1. The data base to be used in Steps 1 through 5 may conservatively be limited to scheduled air carrier operations as shown in the Official Airline Guide (using nonstop arrivals doubled), without adding operations of other types of aircraft, inasmuch as this reduces the size of the base and thus magnifies the percentage impact of the new operations being screened for environmental significance. If the percentage difference is less than 17% when using this reduced base, than a fortiori no further study is required; if the percentage difference is 17% or more when using this reduced base, efforts should be made to determine the complete base and to recalculate the impact before concluding that further study is required.

2. Perform calculations with the maximum available accuracy and round off only when reporting. This process avoids error associated with rounding off during calculations.

APPENDIX II

SUMMARY TO ACCOMPANY DRAFT AND FINAL
STATEMENTS

Name of responsible Federal agency (with name of operating division where appropriate). Name, address, and telephone number of individual at the agency who can be contacted for additional information about the proposed action of the statement.

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

2. Brief description of action and its purpose. Indicate what States (and counties) particularly affected, and what other proposed Federal actions in the area, if any, are discussed in the statement.

3. Summary of environmental impacts and adverse environmental effects.

4. Summary of major alternatives considered.

5. (For draft statements) List all Federal, State, and local agencies and other parties from which comments have been requested. (For final statements) List all Federal, State, and local agencies and other parties from which written comments have been received. 6. Date draft statement (and final environmental statement, if one has been issued) made available to the Council on Environmental Quality and the public.

870.735-31 General prohibition. 370.735-32 Supplementing Government salary prohibited.

370.735-33 [Reserved]

370.735-34 Teaching, lecturing, and writing. 370.735-35 Approval of outside employment. 370.735-36 Exceptions.

870.735-37 Employment of family members in aeronautical and related enterprises.

Subpart D-Statutory Requirements 870.735-41 Activities prohibited by Public Law 87-849.

870.735-42 Limited waiver of the prohibition against representation. 370.735-43 Waiver of the prohibition against acts affecting financial interests.

370.735-44 Other statutory requirements.
Subpart E-Other Standards of Conduct
Use of Government property.
Misuse of information.
Indebtedness.

370.735-51 370.735-52

370.735-53

870.735-54 Gambling, betting, and lotteries. 370.735-55 General conduct prejudicial to the Government.

Subpart F-Additional Requirements for Special Government Employees 370.735-61 Use of Government employment. 370.735-62 Use of inside information. 870.735-63 Coercion.

Subpart G-Financial Interests 370.735-71 General prohibition. 370.735-72 Reporting financial interests 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. 1321, 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.

NOMENCLATURE CHANGES: 37 FR. 18909, Sept. 16, 1972.

Subpart A-General

§ 370.735-11

Purpose.

This part sets forth the standards of ethical conduct required of all Board employees, in implementation of Executive Order 11222, May 8, 1965 (30 FR. 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, 18 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

(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, impar

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 190 days during any period of 365 consecutive days, temporary duties either on a full-time or intermittent basis.

tiality, 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, 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. 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 Managing Director by forwarding to him, with copies to the head of the office or bureau and

90-055-77—37

the Office of Personnel, a statement setting forth why he believes 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 Managing 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.

[SPR-72, 38 FR 34462, Dec. 14, 1973]

§ 370.735-15 Interpretations, 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 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 interest and employment are to be reported pursuant to § 370.73572. 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. [SPR-72, 38 FR 34463, Dec. 14, 1973] Subpart B-Gifts, Entertainment and