[Federal Register Volume 77, Number 58 (Monday, March 26, 2012)]
[Rules and Regulations]
[Pages 17333-17334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7098]


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POSTAL SERVICE

39 CFR Parts 4, 6, and 7


Bylaws of the Board of Governors

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: On March 24, 2010, the Board of Governors of the United States 
Postal Service adopted a number of amendments to the Board's Bylaws. 
These amendments revised and clarified the provisions concerning the 
election and terms of office of the Board Chairman and Vice-Chairman. 
The amendments also formalized the process for notation voting (voting 
by paper ballot) on routine or administrative matters. This final rule 
incorporates the changes adopted by the Board.

DATES: These amendments to the Code of Federal Regulations are 
effective March 26, 2012.

FOR FURTHER INFORMATION CONTACT: Julie S. Moore, Secretary of the 
Board, U.S. Postal Service, 475 L'Enfant Plaza SW., Washington, DC 
20260-1000. Telephone: (202) 268-4800.

SUPPLEMENTARY INFORMATION: This document publishes amendments to 39 CFR 
Parts 4, 6, and 7, conforming to amendments to the Bylaws of the Board 
of Governors of the United States Postal Service. In part 4, the Board 
revised Sec. Sec.  4.1 and 4.2 to establish December 1 as the regular 
commencement date of the terms of office of the newly-elected Board 
Chairman and Vice-Chairman. In part 6 (with a conforming amendment to 
part 7), the Board added a new Sec.  6.7 to formalize the process for 
notation voting by paper ballot on routine, non-controversial, and 
administrative matters.

List of Subjects in 39 CFR Parts 4, 6, and 7

    Administrative practice and procedure, Organization and functions 
(Government agencies), Postal Service.

    Accordingly, for the reasons stated, 39 CFR Parts 4, 6, and 7 are 
amended as follows:

PART 4--OFFICIALS (ARTICLE IV)

0
1. The authority citation for part 4 continues to read as follows:

    Authority: 39 U.S.C. 202-205, 401(2), (10), 402, 1003, 3013, 
3686.


0
2. Section 4.1 is revised to read as follows:


Sec.  4.1  Chairman.

    (a) The Chairman of the Board of Governors is elected by the 
Governors from among the members of the Board. The Chairman:
    (1) Shall be elected at the Board's regularly scheduled November 
meeting for a term that commences on December 1 of the calendar year in 
which the election occurred, or upon the death, departure or 
resignation of the current Chairman, whichever occurs first, and 
expires upon the election and installation of a successor Chairman;
    (2) Shall preside at all regular and special meetings of the Board, 
and shall set the agenda for such meetings;
    (3) Shall select and appoint the chairman, vice chairman (if any), 
and members of any committee properly established by the Board.
    (b) If the Postmaster General is elected Chairman of the Board, the 
Governors shall also elect one of their number to preside during 
proceedings dealing with matters upon which only the Governors may 
vote.
    (c) In the event of the Chairman's death, departure or resignation 
prior to the election of a successor, the Board, as soon as 
practicable, shall elect a new Chairman who shall serve a term that 
commences immediately upon election and expires upon the election and 
installation of a successor Chairman.
    (d)(1) Upon the election and installation of a new Chairman of the 
Board, the immediate past Chairman shall become Chairman Pro Tempore of 
the Board, to preside during the absence of the Chairman and Vice 
Chairman at any meeting of the Board during the year or years following 
the immediate past Chairman's tenure as Chairman and until another 
Chairman has been elected.
    (2) The Chairman Pro Tempore shall, at the request of the Chairman 
or Vice Chairman, serve as the representative of the Board of Governors 
at conferences, trade shows, ceremonial functions and other meetings 
important to Postal Service business.

0
3. Section 4.2 is revised to read as follows:


Sec.  4.2  Vice Chairman.

    The Vice Chairman is elected by the Governors from among the 
members of the Board and shall perform the duties and exercise the 
powers of the Chairman during the Chairman's absence or disability. The 
Vice Chairman is elected at the Board's regularly scheduled November 
meeting for a term that commences on December 1 of the calendar year in 
which the election occurred or upon the death, departure or resignation 
of the current Vice Chairman, whichever occurs first, and expires upon 
the election and installation of a successor Vice

[[Page 17334]]

Chairman. In the event of the Vice Chairman's death, departure or 
resignation prior to the election of a successor, the Board, as soon as 
practicable, shall elect a new Vice Chairman who shall serve a term 
that commences immediately upon election and expires upon the election 
and installation of a successor Vice Chairman.

PART 6--MEETINGS (ARTICLE VI)

0
4. The authority citation for part 6 continues to read as follows:

    Authority: 39 U.S.C. 202, 205, 401(2), (10), 1003, 3622; 5 
U.S.C. 552b(e), (g).


0
5. Section 6.6 is amended by revising the introductory text to read as 
follows:


Sec.  6.6  Quorum and voting.

    As provided by 39 U.S.C. 205(c), and except for routine, non-
controversial, and administrative matters considered through the 
notation voting process described in Sec.  6.7, the Board acts by 
resolution upon a majority vote of those members who attend a meeting 
in person or by teleconference. No proxies are allowed in any vote of 
the members of the Board. Any 6 members constitute a quorum for the 
transaction of business by the Board, except:
* * * * *

0
6. Section 6.7 is added to read as follows:


Sec.  6.7  Notation voting.

    (a) General. Notation voting consists of the circulation of written 
memoranda and voting sheets to each member of the Board simultaneously 
and the tabulation of submitted responses. Notation voting may be used 
only for routine, non-controversial, and administrative matters.
    (b) Administrative Responsibility. The Secretary of the Board is 
responsible for:
    (1) Distributing notation voting memoranda and voting sheets;
    (2) Establishing deadlines for notation voting sheets to be 
completed and returned;
    (3) Processing and tabulating all notation voting sheets; and
    (4) Determining whether further action is required.
    (c) Veto of notation voting. In view of the public policy for 
openness reflected in the Government in the Sunshine Act and in these 
bylaws, each Board member is authorized to veto the use of notation 
voting for the consideration of any matter. If a Board member vetoes 
the use of notation voting, the Secretary must notify all members of 
such action, and must promptly take action to place the particular 
matter on the agenda of the next regularly scheduled Board meeting 
following the date of the veto, or to schedule a teleconference to 
consider the matter, as appropriate.
    (d) Disclosure of result. The Secretary shall maintain all records 
pertaining to Board actions taken pursuant to the notation voting 
process, and shall make such records available for public inspection, 
consistent with the Freedom of Information Act, 5 U.S.C. 552.

PART 7--PUBLIC OBSERVATION (ARTICLE VII)

0
7. The authority citation for part 7 continues to read as follows:

    Authority: 39 U.S.C. 410; 5 U.S.C. 552b(a)-(m).


0
8. Section 7.1 is amended by revising the final sentence of paragraph 
(b) to read as follows:


Sec.  7.1  Definitions.

* * * * *
    (b) * * * The term ''meeting'' does not include any procedural 
deliberations required or permitted by Sec. Sec.  6.1, 6.2, 7.4, or 7.5 
of the bylaws in this chapter, or the notation voting process described 
in Sec.  6.7 of the bylaws in this chapter.

Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2012-7098 Filed 3-23-12; 8:45 am]
BILLING CODE 7710-12-P