[Code of Federal Regulations]
[Title 49, Volume 7]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR805.735-7]

[Page 146-147]
 
                        TITLE 49--TRANSPORTATION
 
           CHAPTER VIII--NATIONAL TRANSPORTATION SAFETY BOARD
 
PART 805_EMPLOYEE RESPONSIBILITIES AND CONDUCT--Table of Contents
 
Sec.  805.735-7  Outside activities of Members and employees.

    (a) A Member or employee shall not engage in outside employment or 
other outside activity not compatible with the full and proper discharge 
of his duties and responsibilities as an officer or employee of the 
Board. Before an employee can engage in outside employment or activity 
for profit, he shall obtain the approval of the Board's Managing 
Director by requesting written authorization from the Managing Director 
prior to engaging in such activity. Board Members desiring to engage in 
outside employment or activity for profit may request prior written 
authorization from the Chairman. Should such authorization be granted, 
the Member or employee has a continuing responsibility to confine 
himself to the scope of the authorization. If the circumstances change 
so as to involve a possible incompatible activity, the Member or 
employee must seek further authorization in order to continue in his 
outside employment or activity for profit. Authorization granted in 
specific cases may be deemed subsequently to involve an incompatible 
activity, and in such cases the Member or employee concerned shall be 
notified in writing of the cancellation of the authorization with 
instructions to modify or terminate the outside activity at the earliest 
practicable time.
    (b) Incompatible activities by Members or employees include, but are 
not limited to:
    (1) Acceptance of a fee, compensation, gift, payment of expense, or 
any other thing of monetary value in circumstances in which acceptance 
may result in, or create the appearance of, a conflict of interest; or
    (2) Outside employment or activity which tends to impair his mental 
or

[[Page 147]]

physical capacity to perform in an acceptable manner his duties and 
responsibilities within the Board.
    (c) Employees are encouraged to engage in teaching, lecturing, and 
writing that is not prohibited by law, the Executive order, 5 CFR part 
735, or the regulations in this part. However, an employee shall not, 
either for or without compensation, engage in teaching, lecturing, or 
writing, including teaching, lecturing, or writing for the purpose of 
the special preparation of a person or class of persons for an 
examination of the Civil Service Commission or Board of Examiners for 
the Foreign Service, that is dependent on information obtained as a 
result of his employment by the Board, except when that information has 
been made available to the general public or will be made available on 
request, or when the Chairman gives written authorization for the use of 
nonpublic information on the basis that the use is in the public 
interest.
    (d) Board Members, as Presidential appointees covered by section 
401(a) of the Executive order, are specifically precluded by 5 CFR 
735.203(c) from receiving compensation or anything of monetary value for 
any consultation, lecture, discussion, writing, or appearance, the 
subject matter of which is devoted substantially to the 
responsibilities, programs, or operations of their agency, or which 
draws substantially on official data or ideas which have not become part 
of the body of public information.
    (e) If an activity covered by paragraphs (c) and (d) of this section 
is to be undertaken as official duty, expenses will be borne by the 
Board, and the Member or employee may not accept compensation or allow 
his expenses to be paid for by the person or group under whose auspices 
the activity is being performed. If it is determined that the activity 
is to be undertaken in a private capacity, the Member or employee may 
not use duty hours or Government facilities, but he may accept 
compensation, and he may use his official title if he makes it clear 
that he does not represent the Board.
    (f) Members and employees shall not receive any salary or anything 
of monetary value from a private source as compensation for his services 
to the Board (18 U.S.C. 209).
    (g) This section does not preclude a Member or employee from:
    (1) Participating in the activities of national or State political 
parties not prohibited by law;
    (2) Participating in the affairs of or acceptance of an award for a 
meritorious public contribution or achievement given by a charitable, 
religious, professional, social, fraternal, nonprofit educational or 
recreational, public service, or civic organization.

[40 FR 30239, July 17, 1975, as amended at 41 FR 39758, Sept. 16, 1976]