Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Rules and Regulations 18519

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.

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, § 3.7(d) and § 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:

§ 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:

§ 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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