36498 Federal Register / Vol. 61, No. 134 / Thursday, July 11, 1996 / Rules and Regulations

PART 123—RADIO COMMUNICATION

3. The authority for part 123

continues to read as follows:

Authority: Issued under authority of the

President by 22 U.S.C. 3811; EO 12215, 45 FR

36043.

4. The ‘‘CHARLIE’’ paragraph

following Paragraph (a) of § 123.4 is

revised to read as follows:

§ 123.4 Advance notification required by

radio from vessels approaching the Canal.

(a) * * * CHARLIE—Estimated draft

upon arrival, and estimated transit draft

if scheduled to work cargo or take

bunker prior to transiting, in meters,

fore and aft, in Tropical Fresh Water.

* * * * *

Dated: June 27, 1996.

Gilberto Guardia F.,

Administrator, Panama Canal Commission.

[FR Doc. 96–17662 Filed 7–10–96; 8:45 am]

BILLING CODE 3640–04–P

POSTAL SERVICE

39 CFR Parts 5, 7, 10

Board of Governors Bylaws

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: The Board of Governors of the

United States Postal Service has

approved amendments to its bylaws.

First, the bylaw provisions concerning

procedures of committees of the Board

has been amended to conform the

conditions under which the

Government in the Sunshine Act is

invoked to the definition of covered

‘‘meeting’’ under that Act. Second, the

Board has revised its rules of conduct to

delete provisions superseded by the

Standards of Ethical Conduct for

Employees of the Executive Branch

issued by the Office of Government

Ethics and by the Postal Service

regulations supplemental to the

Standards. Conforming changes are

made to the remaining ethics

provisions.

EFFECTIVE DATE: July 11, 1996.

FOR FURTHER INFORMATION CONTACT:

Thomas J. Koerber, (202) 268–4800.

SUPPLEMENTARY INFORMATION:

A. Committee Procedures

In practice, the Board of Governors

has used its committees for a means of

in-depth, informal exchange with

management on matters of ongoing

concern to the Board. It has not

considered that sessions of this type are

covered by the provisions of the

Government in the Sunshine Act,

regarding notice and open meetings.

The provisions of that Act apply to ‘‘the

deliberations of at least the number of

individual agency members required to

take action on behalf of the agency

where such deliberations determine or

result in the joint conduct or disposition

of official agency business’’ (5 U.S.C.

552b(a)(2)). The Board’s bylaw

concerning Public Observation (part 7)

generally incorporates this language

from the Sunshine Act in full (39 CFR

7.1(b)).

Bylaw provisions on committee

procedures, in 39 CFR 5.2, currently

refer to formal actions by committees—

such as recommendations, preliminary

decisions, and hearings—in a manner

which reaches outside the terms of the

Sunshine Act regarding when a

committee session will be subject to the

Board’s Public Observation rules under

part 7. Since the Board has intended

that the Public Observation rules will

apply strictly as provided in the

Sunshine Act, some of this bylaw

language may be subject to

misinterpretation. Accordingly, this

language is deleted from 39 CFR 5.2,

and conforming changes are made in 39

CFR 7.1(a).

The Board’s committees continue to

be subject to the Public Observation

procedures under part 7, only to the

extent that a particular session should

constitute a ‘‘meeting’’ within the

meaning of the Government in the

Sunshine Act, 5 U.S.C. 552b(a)(2), and

section 7(b) of the bylaws.

B. Rules of Conduct

Background

On August 7, 1992, the Office of

Government Ethics (OGE) published

new Standards of Ethical Conduct for

Employees of the Executive Branch

(Standards), now codified at 5 CFR part

2635. See 57 FR 35006–35067 (August

7, 1992) as corrected at 57 FR 48557

(October 27, 1992) and 57 FR 52583

(November 4, 1992), with additional

grace-period extensions at 59 FR 4779–

4780 (February 2, 1994) and 60 FR

6390–6391 (February 2, 1995). The

Standards, which became effective

February 3, 1993, set uniform ethical

conduct standards applicable to all

executive branch personnel. The

Standards superseded most federal

agency regulations promulgated under

subparts A, B, and C of former 5 CFR

part 735.

On September 11, 1995, the Postal

Service, with the concurrence of OGE

and pursuant to 5 CFR 2635.105,

published regulations applicable to

Postal Service employees to supplement

the Standards. See 60 FR 47240–47241,

September 11, 1995. The supplemental

regulations, to be codified at 5 CFR part

7001, prohibit certain outside

employment or activities, and require

prior approval for employees to engage

in other specified outside employment

or activities.

Discussion

I. General

The principal purpose of the revisions

to part 10 is to repeal outdated

provisions of the Code of Ethical

Conduct for Postal Service Governors

(Code), which have been superseded by

the new Standards of Ethical Conduct

for Employees of the Executive Branch

(5 CFR part 2635) and Postal Service

regulations supplemental thereto (5 CFR

part 7001). The Governors of the Postal

Service are special Government

employees within the meaning of 18

U.S.C. 202(a). Special Government

employees are subject to the Standards

of Ethical Conduct for Employees of the

Executive Branch, and agency

regulations supplemental thereto (5 CFR

2635.102(h)). Therefore, the Governors

are subject to the regulations in 5 CFR

parts 2635 and 7001.

Some provisions of 39 CFR part 10 are

retained in amended form to conform to

the Ethics Reform Act of 1989. The

retained provisions concern advisory

service, restrictions on postemployment activities, and the filing of

financial disclosure reports.

II. Revision of the Heading of 39 CFR

Part 10

The heading of 39 CFR part 10, ‘‘Code

of Ethical Conduct for Postal Employees

[Appendix],’’ is being revised to ‘‘Rules

of Conduct for Postal Service Governors

[Appendix].’’ This revision is intended

to make clear that the rules of conduct

in 39 CFR part 10, as amended, are not

part of the ethical standards contained

in 5 CFR part 2635 and regulations

supplemental thereto.

III. Repeal of Financial Interest

Prohibitions

The provisions of the Code that

prohibited the holding of specified

financial interests, 39 CFR 10.22(a)

through (e), and those provisions of 39

CFR 10.23 that involved compensated

outside employment relationships,

remained temporarily in effect pursuant

to the note following 5 CFR 2635.403(a),

as extended at 59 FR 4779–4780,

February 2, 1994, and 60 FR 6390–6391,

February 2, 1995. The note following 5

CFR 2635.403(a) provides that such

prohibitions shall cease to be effective

upon the issuance of agency
Federal Register / Vol. 61, No. 134 / Thursday, July 11, 1996 / Rules and Regulations 36499

supplemental regulations. On

September 11, 1995, the Postal Service

issued supplemental regulations. See 60

FR 47240–47241, September 11, 1995.

Therefore, the provisions of 39 CFR part

10 concerning prohibited financial

interests or compensated outside

employment relationships are

superseded and repealed. The

supplemental regulations prohibit

certain outside employment, and they

require prior approval for certain

outside employment. The supplemental

regulations do not, however, specify

financial interests the holding of which

is prohibited.

IV. Analysis of Subparts

This amendment will repeal large

portions of 39 CFR part 10, and the

amended part will contain only four

sections. Accordingly, part 10 no longer

will be divided into subparts. This

amendment will affect the regulations in

subparts A through D of 39 CFR part 10

as follows.

Subpart A—Basic Purpose and

Applicability

Subpart A included explanations of

the applicability of 39 CFR part 10 and

general standards of ethical conduct

applicable to Postal Service Governors.

All sections of subpart A have been

superseded by 5 CFR part 2635. Section

10.11 has been renumbered as section

10.1 and revised to explain that, in

addition to the rules retained in 39 CFR

part 10, Governors are subject to the

rules contained in 5 CFR parts 2635 and

7001.

Subpart B—Standards of Conduct

Subpart B contained general

standards of conduct, rules concerning

prohibited financial interests, rules

concerning outside employment, rules

concerning the acceptance of gifts, and

other rules of conduct applicable to

Postal Service Governors. All sections of

subpart B are repealed because they

have been superseded by 5 CFR parts

2635 and 7001.

Subpart C—Ethical Conduct Advisory

Services and Remedial Action

Subpart C included procedures by

which Postal Service Governors may

obtain advice concerning standards of

ethical conduct, and a regulation

concerning post-employment

restrictions imposed under 18 U.S.C.

207. Regulations concerning advisory

services are retained in amended form

in revised section 10.2. Under 5 CFR

2635.107, agencies are responsible for

providing counseling to their employees

with regard to the application of 5 CFR

part 2635 and regulations supplemental

thereto. Revised section 10.2 pertains

solely to the Postal Service’s internal

implementation of requirements

imposed by OGE regulations, and it is

revised to conform to the OGE

regulations.

Regulations concerning postemployment restrictions are retained in

amended form in a new section 10.3.

New section 10.3 notifies Governors that

they are subject to the restrictions

imposed under 18 U.S.C. 207.

Subpart D—Reports of Employment

and Financial Interests

Subpart D included regulations

concerning the filing and review of

financial disclosure reports. These

regulations are retained in amended

form in new section 10.4.

As a result of this amendment, 39 CFR

Part 10 will be reorganized as follows:

PART 10—RULES OF CONDUCT FOR

POSTAL SERVICE GOVERNORS

(APPENDIX)

Sec.

10.1 Applicability.

10.2 Advisory service.

10.3 Post-employment activities.

10.4 Financial disclosure reports.

List of Subjects

39 CFR Part 5

Administrative practice and

procedure, Advisory committees,

Organization and functions

(Government agencies), Sunshine Act.

39 CFR Part 7

Sunshine Act.

39 CFR Part 10

Conflict of interests.

For the reasons set forth above, 39

CFR Chapter I, Subchapter A, is

amended as follows:

PART 5—COMMITTEES (ARTICLE V)

1. The authority citation for part 5 is

revised to read as follows:

Authority: 39 U.S.C. 202, 203, 204, 205,

401(2), (10), 1003, 3013.

2. Section 5.2 is revised to read as

follows:

§ 5.2 Committee procedure.

Each committee establishes its own

rules of procedure, consistent with these

bylaws, and meets as provided in its

rules. A majority of the members of a

committee constitute a quorum.

PART 7—PUBLIC OBSERVATION

(ARTICLE VII)

3. The authority citation for part 7

continues to read as follows:

Authority: 39 U.S.C. 401(a), as enacted by

Pub. L. 91–375, and 5 U.S.C. 552b (a)–(m) as

enacted by Pub. L. 94–409.

4. Section 7.1 is amended by

republishing the introductory text and

by revising paragraph(a) to read as

follows:

§ 7.1 Definitions.

For purposes of §§ 7.2 through 7.8 of

these bylaws:

(a) The term Board means the Board

of Governors, and any subdivision or

committee of the Board authorized to

take action on behalf of the Board.

* * * * *

PART 10—RULES OF CONDUCT FOR

POSTAL SERVICE GOVERNORS

(APPENDIX)

5. The authority citation for part 10 is

revised to read as follows:

Authority: 39 U.S.C. 401.

6. The heading of part 10 is revised

as set forth above.

6a. The table of contents for part 10

is revised to read as follows:

Sec.

10.1 Applicability.

10.2 Advisory service.

10.3 Post-employment activities.

10.4 Financial disclosure reports.

7. Subparts A through D headings are

removed.

§ 10.11 [Redesignated as § 10.1]

8. Section 10.11 is redesignated as

§ 10.1 and revised to read as follows:

§ 10.1 Applicability.

This part contains rules of conduct for

the members of the Board of Governors

of the United States Postal Service. As

special employees within the meaning

of 18 U.S.C. 202(a), the members of the

Board are also subject to the Standards

of Ethical Conduct for Employees of the

Executive Branch, 5 CFR part 2635, and

Postal Service regulations supplemental

thereto, 5 CFR part 7001.

§ 10.31 [Redesignated as § 10.2]

9. Section 10.31 is redesignated as

§ 10.2 and revised to read as follows:

§ 10.2 Advisory service.

(a) The General Counsel is the Ethical

Conduct Officer of the Postal Service

and the Designated Agency Ethics

Official for purposes of the Ethics in

Government Act, as amended, and the

implementing regulations of the Office

of Government Ethics, including 5 CFR

part 2638.

(b) A Governor may obtain advice and

guidance on questions of conflicts of

interest, and may request any ruling

provided for by either the Standards of

Ethical Conduct for Employees of the

Executive Branch, or the Postal Service

regulations supplemental thereto, from
36500 Federal Register / Vol. 61, No. 134 / Thursday, July 11, 1996 / Rules and Regulations

the General Counsel or a designated

assistant.

(c) If the General Counsel determines

that a Governor is engaged in activity

which involves a violation of federal

statute or regulation, including the

ethical conduct regulations contained in

5 CFR parts 2635 and 7001, or conduct

which creates the appearance of such a

violation, he or she shall bring this to

the attention of the Governor or shall

notify the Chairman of the Board of

Governors, or the Vice Chairman, as

appropriate.

10. A new section 10.3 is added to

read as follows:

§ 10.3 Post-employment activities.

Governors are subject to the

restrictions on the post-employment

activities of special Government

employees imposed by 18 U.S.C. 207.

Guidance concerning post-employment

restrictions applicable to Governors may

be obtained in accordance with

§ 10.2(b).

§ 10.12 [Removed]

10a. Section 10.12 is removed.

§ 10.21 [Removed]

11. Section 10.21 is removed.

§ 10.22 [Removed]

12. Section 10.22 is removed.

§ 10.23 [Removed]

13. Section 10.23 is removed.

§ 10.24 [Removed]

14. Section 10.24 is removed.

§ 10.32 [Removed]

15–16. Section 10.32 is removed.

§ 10.41 [Redesignated as § 10.4]

17. Section 10.41 is redesignated as

§ 10.4, and is amended by revising

paragraphs (a) and (e)(2) to read as

follows:

§ 10.4 Financial disclosure reports.

(a) Requirement of submission of

reports. At the time of their nomination,

Governors complete a financial

disclosure report which, under the

practice of the Senate Governmental

Affairs Committee, is kept confidential.

Because the Director of the Office of

Government Ethics has ruled that

Governors who do not perform the

duties of their office for more than 60

days in any calendar year are not

required to file financial disclosure

reports that are open to the public,

Governors file non-public reports

annually, in accordance with this

section. A Governor who performs the

duties of his or her office for more than

60 days in a particular calendar year is

required to file a public report in

accordance with 5 CFR 2634.204(c).

* * * * *

(e) * * *

(2) Confidentiality of reports. Unless a

public report is required by this section,

the financial disclosure reports filed by

Governors shall not be made public.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 96–17114 Filed 7–10–96; 8:45 am]

BILLING CODE 7710–12–P

39 CFR Part 20

Implementation of International

Package Consignment Service

AGENCY: Postal Service.

ACTION: Amendment to interim rule

with request for comments.

SUMMARY: International Package

Consignment Service (IPCS) is an

international mail service designed for

companies sending merchandise to

addresses in other countries. The

service is currently available to Japan,

Canada, and the United Kingdom (U.K.).

To use IPCS, a customer is required to

mail at least 25,000 packages a year to

Japan, at least 25,000 packages a year to

Canada, or at least 10,000 packages a

year to the U.K. This amendment

provides an option for IPCS customers

who meet the minimum mailing

requirements to any one IPCS country of

destination to enter additional packages

for delivery in any other IPCS country

of destination at reduced volume

thresholds, specifically, 5,000 packages

per year.

Therefore, an existing IPCS customer

who satisfies the minimum volume

criteria for one destination country, has

linked its information systems with the

Postal Service’s, and who has

established transportation with the

Postal Service may send additional

packages to other IPCS destination

countries by signing a service agreement

for that destination country that

commits the customer to mail at least

5,000 packages a year to other IPCS

destinations of the customer’s choosing.

Under this option, the customer has

greater flexibility to respond more easily

to the market conditions in which he is

competing for overseas business while

allowing the Postal Service to develop a

traffic base that contributes to greater

economies of scale. The interim

implementing regulations have been

amended and are set forth below for

comment and suggested revision prior

to adoption in final form.

DATES: The amended regulations take

effect July 11, 1996. Comments must be

received on or before July 25, 1996.

ADDRESSES: Written comments should

be mailed or delivered to International

Package Consignment Service, U.S.

Postal Service, 475 L’Enfant Plaza SW,

Room EB4400, Washington, DC 20260–

6500. Copies of all written comments

will be available for public inspection

and photocopying at the above address

between 9 a.m. and 4 p.m., Monday

through Friday, after July 25, 1996.

FOR FURTHER INFORMATION CONTACT: Tim

Gribben at the above address.

Telephone: (202) 268–3035.

SUPPLEMENTARY INFORMATION:

International Package Consignment

Service (IPCS) is designed to more

closely meet the needs of customers

who send merchandise packages from

the United States to multiple

international addresses by simplifying

the process companies use to prepare

their packages for mailing and by

reducing the costs those companies

incur in mailing merchandise to other

countries.

IPCS benefits all users of the Postal

Service because revenues collected

contribute to fixed costs, thereby

decreasing the total revenue that the

Postal Service needs to recover from

other services. At the same time, IPCS

makes it easier and more economical for

customers in the United States to export

their products to international markets.

Once a customer qualifies for IPCS

into Japan, Canada, or the U.K. and has

started mailing into one of these

destination countries, then the

minimum volume requirement for entry

into any other country is reduced to

5,000 packages a year. To be considered

qualified, customers must meet the

following criteria: satisfy the minimum

volume requirement for an IPCS

destination country, have its

information systems linked with the

Postal Service’s, and have transportation

in place between the customer and the

Postal Service. The customer must still

enter into a separate service agreement

for each IPCS destination country to

which it wants to use IPCS, and

designate the Postal Service as their

carrier of choice to that IPCS destination

country.

Accordingly, the Postal Service

hereby amends IPCS to allow qualified

customers to satisfy lower minimum

volumes when entering into IPCS

service agreements to additional

destination countries. Although 39

U.S.C. 407 does not require advance

notice and opportunity for submission

of comments, and the Postal Service is

exempted by 39 U.S.C. 410(a) from the