[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Rules and Regulations]
[Page 18519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9852]



[[Page 18519]]

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POSTAL SERVICE

39 CFR Parts 3 and 4


Amendments to Bylaws of the Board of Governors Concerning 
Information Furnished to Board--Program Review, and Concerning the 
Chief Postal Inspector

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: In October, 1996, the Board of Governors adopted two bylaw 
revisions. One relates to the information to be furnished to the Board 
concerning program review. This purpose of this revision was to further 
clarify what information management is to furnish to the Board 
regarding significant new programs, policies, and other initiatives. 
The second revision changed a bylaw discussing the Chief Postal 
Inspector, to conform to recently enacted legislation. Consequently, 
the Postal Service hereby publishes these two revisions as final rules.

EFFECTIVE DATE: October 7, 1996.

FOR FURTHER INFORMATION CONTACT: Thomas J. Koerber (202) 268-4800.

SUPPLEMENTARY INFORMATION: This document publishes two revisions. One 
change revises 39 CFR 3.7(d) of the Bylaws of the Board of Governors of 
the United States Postal Service. The second change revises 39 CFR 4.6 
of those bylaws. Both were adopted by the Board in October, 1996.

Revision to Section 3.7(d)

    Several goals are embodied in the amendments to section 3.7(d). In 
reference to paragraph 3.7(d)(1), which addresses ``significant'' 
information, new language provides that the Board wants to see 
information regarding any significant new policy adopted (in addition 
to seeing information about certain new programs and projects).
    Second, new language requires that information about significant 
new programs, policies, projects, etc., shall be given to the Board 
before ``entering into any agreement in furtherance of such project.''
    Third, the definition of ``significant'' was amended to point out 
that certain increases in expense amounts of the operating budget could 
qualify as ``significant,'' and hence become reportable projects.
    Fourth, new language indicates that the notification requirement of 
3.7(d) ``governs applicable projects regardless of the level of 
expenditure involved.''
    Finally, a newly adopted paragraph, subsection 3.7(d)(2), requires 
that management furnish to the Board information regarding any project 
whose potential liability, due to termination, breach, or other reason, 
would equal or exceed the 3.3(e) capital investment project approval 
threshold (currently $10 million). This information also is to be given 
to the Board before entering into any agreement in furtherance of such 
project.

Revision of Section 4.6

    The revision to section 4.6 would delete the sentence in the bylaw 
which states that the Chief Postal Inspector also holds the position of 
Inspector General, and for purposes of the Inspector General Act, 
reports to and is under the general supervision of the Postmaster 
General. This change is consistent with section 662 of the Treasury, 
Postal Service, and General Government Appropriations Act, 1997, set 
forth in Public Law 104-208, which creates a separate position of 
Inspector General within the Postal Service, and makes certain changes 
regarding the position of Chief Postal Inspector. The bylaw retains the 
requirements that the Postmaster General consult with the Governors in 
appointing the Chief Postal Inspector, and must obtain the concurrence 
of the Governors in order to remove or transfer the Chief Postal 
Inspector. The bylaw is also revised to reflect the requirement in the 
Act that the Governors be notified and given the reasons for any 
removal or transfer of the Chief Postal Inspector.

List of Subjects in 39 CFR Parts 3 and 4

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

    Accordingly, Sec. 3.7(d) and Sec. 4.6 of title 39 CFR are amended 
as follows:

PART 3--BOARD OF GOVERNORS (ARTICLE III)

    1. The authority citation for Part 3 continues to read as follows:

    Authority: 39 U.S.C. 202, 203, 205, 401(2), (10), 402, 1003, 
3013; 5 U.S.C. 552b(g), (j).

    2. Section 3.7 is amended by revising paragraph (d) to read as 
follows:


Sec. 3.7  Information furnished to Board--program review.

* * * * *
    (d) Management shall furnish to the Board:
    (1) Information regarding any significant, new program, policy, 
major modification or initiative; any plan to offer a significant, new 
or unique product or system implementation; or any significant, new 
project not related directly to the core business function of the 
Postal Service. This information shall be provided to the Board in 
advance of entering into any agreement in furtherance of such project. 
For the purposes of this paragraph, ``significant'' means a project 
anticipated to have a notable or conspicuous impact on (i) corporate 
visibility or (ii) the operating budget (including increases in expense 
amounts) or the capital investment budget. The notification requirement 
of this paragraph governs applicable projects regardless of the level 
of expenditure involved.
    (2) Information regarding any project, in advance of entering into 
any agreement in furtherance of such project, where the potential 
liability due to termination, breach, or other reason would equal or 
exceed the amount specified by resolution for approval of capital 
investment projects pursuant to section 3.3(e) hereof.

PART 4--OFFICERS (ARTICLE IV)

    3. The authority citation for Part 4 continues to read as follows:

    Authority: 39 U.S.C. 202, 203, 205, 401(2), (10), 402, 1003, 
3013.

    4. Section 4.6 is revised to read as follows:


Sec. 4.6  Chief Postal Inspector.

    The Postmaster General, in consultation with the Governors, 
appoints the Chief Postal Inspector, certain of whose powers and duties 
are delegated to the holder of that office by the Postmaster General, 
consistent with these bylaws and the Reorganization Act. The Chief 
Postal Inspector reports to and is under the general supervision of the 
Postmaster General. The Postmaster General has the power, with the 
concurrence of the Governors, to remove or transfer the Chief Postal 
Inspector to another position or location within the Postal Service. In 
the event of any such removal or transfer, the Postmaster General must 
promptly notify the Governors and both Houses of the Congress in 
writing of the reasons for such removal or transfer.
Stanley F. Mires,
Chief Counsel, Legisglative Division.
[FR Doc. 97-9852 Filed 4-15-97; 8:45 am]
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