Exercise of Powers Reserved to the Governors and the Board of Governors, 74780-74782 [2014-29344]
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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices
The Postal Service
contemporaneously filed a redacted
contract related to the proposed new
product under 39 U.S.C. 3632(b)(3). Id.
Attachment B.
To support its Request, the Postal
Service filed a copy of the contract, a
copy of the Governors’ Decision
authorizing the product, proposed
changes to the Mail Classification
Schedule, a Statement of Supporting
Justification, a certification of
compliance with 39 U.S.C. 3633(a), and
an application for non-public treatment
of certain materials. It also filed
supporting financial workpapers.
II. Notice of Commission Action
The Commission establishes Docket
Nos. MC2015–16 and CP2015–20 to
consider the Request pertaining to the
proposed Priority Mail Express Contract
23 product and the related contract,
respectively.
The Commission invites comments on
whether the Postal Service’s filings in
the captioned dockets are consistent
with the policies of 39 U.S.C. 3632,
3633, or 3642, 39 CFR part 3015, and 39
CFR part 3020, subpart B. Comments are
due no later than December 17, 2014.
The public portions of these filings can
be accessed via the Commission’s Web
site (https://www.prc.gov).
The Commission appoints Pamela A.
Thompson to serve as Public
Representative in these dockets.
III. Ordering Paragraphs
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It is ordered:
1. The Commission establishes Docket
Nos. MC2015–16 and CP2015–20 to
consider the matters raised in each
docket.
2. Pursuant to 39 U.S.C. 505, Pamela
A. Thompson is appointed to serve as
an officer of the Commission to
represent the interests of the general
public in these proceedings (Public
Representative).
3. Comments are due no later than
December 17, 2014.
4. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2014–29338 Filed 12–15–14; 8:45 am]
BILLING CODE 7710–FW–P
(Under Seal) of Unredacted Governors’ Decision,
Contract, and Supporting Data, December 9, 2014
(Request).
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POSTAL REGULATORY COMMISSION
[Docket No. CP2012–41; Order No. 2280]
Amendment to Postal Product
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing concerning
an amendment to a Parcel Select
Contract 4 negotiated service agreement.
This notice informs the public of the
filing, invites public comment, and
takes other administrative steps.
DATES: Comments are due: December
18, 2014.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
I. Introduction
II. Notice of Filing
III. Ordering Paragraphs
I. Introduction
On December 9, 2014, the Postal
Service filed notice that it has agreed to
an Amendment to the existing Parcel
Select Contract 4 negotiated service
agreement approved in this docket.1 In
support of its Notice, the Postal Service
includes a redacted copy of the
Amendment and a certification of
compliance with 39 U.S.C. 3633(a), as
required by 39 CFR 3015.5.
The Postal Service also filed the
unredacted Amendment and supporting
financial information under seal. The
Postal Service seeks to incorporate by
reference the Application for NonPublic Treatment originally filed in this
docket for the protection of information
that it has filed under seal. Notice at 1.
The Amendment concerns price
changes, related terms, responsibility for
certain additional fees or surcharges,
and mail preparation and service. See
generally id. Attachment A.
The Postal Service intends for the
Amendment to become effective one
business day after the date that the
Commission completes its review of the
1 Notice of United States Postal Service of
Amendment to Parcel Select Contract 4, with
Portions Filed Under Seal, December 9, 2014
(Notice).
PO 00000
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Fmt 4703
Sfmt 4703
Notice. Notice at 1. The Postal Service
asserts that the Amendment will not
impair the ability of the contract to
comply with 39 U.S.C. 3633. Id.
Attachment B at 1.
II. Notice of Filing
The Commission invites comments on
whether the changes presented in the
Postal Service’s Notice are consistent
with the policies of 39 U.S.C. 3632,
3633, or 3642, 39 CFR 3015.5, and 39
CFR part 3020, subpart B. Comments are
due no later than December 18, 2014.
The public portions of these filings can
be accessed via the Commission’s Web
site (https://www.prc.gov).
The Commission appoints Kenneth R.
Moeller to represent the interests of the
general public (Public Representative)
in this docket.
III. Ordering Paragraphs
It is ordered:
1. The Commission reopens Docket
No. CP2012–41 for consideration of
matters raised by the Postal Service’s
Notice.
2. Pursuant to 39 U.S.C. 505, the
Commission appoints Kenneth R.
Moeller to serve as an officer of the
Commission (Public Representative) to
represent the interests of the general
public in this proceeding.
3. Comments are due no later than
December 18, 2014.
4. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2014–29393 Filed 12–15–14; 8:45 am]
BILLING CODE 7710–FW–P
POSTAL SERVICE
Exercise of Powers Reserved to the
Governors and the Board of Governors
Postal Service.
Notice of resolutions regarding
the absence of a quorum.
AGENCY:
ACTION:
The Board of Governors of the
Postal Service has adopted a resolution
regarding the exercise of those powers
reserved to the Board upon the loss of
a quorum of the Board. During the time
in which the Board is unable to form a
quorum, those powers needed to
provide for continuity of operations
would be delegated to a Temporary
Emergency Committee composed of the
remaining members of the Board. The
Governors of the Postal Service have
also issued a resolution regarding the
exercise of the powers vested solely in
SUMMARY:
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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices
the Governors, as distinguished from the
Board of Governors. The resolution
clarifies that the inability of the Board
to constitute a quorum does not inhibit
or affect the authority of the Governors
then in office to exercise those powers
vested solely in the Governors, upon the
concurrence of an absolute majority of
the Governors then in office.
DATES: Effective Date: November 14,
2014.
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:
mstockstill on DSK4VPTVN1PROD with NOTICES
Overview
The Board of Governors of the Postal
Service has promulgated a resolution
regarding the exercise of those powers
reserved to the Board upon the loss of
a quorum of the Board. The resolution
delegates to a Temporary Emergency
Committee, consisting of the remaining
members of the Board, those powers
reserved to the Board that are needed to
provide for continuity of operations
during the period of time in which the
Board is unable to form a quorum. In
addition, the Governors of the Postal
Service have issued a separate
resolution regarding the exercise of the
powers vested solely in the Governors,
as distinguished from the Board of
Governors. The resolution clarifies that
the inability of the Board to constitute
a quorum does not inhibit or affect the
authority of the Governors then in office
to exercise those powers vested solely in
the Governors. The resolution states that
except as otherwise provided by statute,
the Governors shall exercise those
powers vested in the Governors upon
the concurrence of an absolute majority
of Governors then in office.
Background
While the powers of the Postal
Service are generally directed by the
Board of Governors, 39 U.S.C. 202(a)(1),
the statute broadly authorizes the
powers conferred on the Board to be
delegated to a committee of the Board,
or to the Postmaster General, 39 U.S.C.
402. Thus, the determination whether
authority conferred on the Board by
statute should be delegated, or should
be exercised through the mechanism of
the full Board, is ultimately made by the
Governors. In addition, certain other
actions are reserved by statute solely to
the Governors, including the
appointment and removal of the
Postmaster General and the
establishment of prices and
classifications for postal products, 39
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19:38 Dec 15, 2014
Jkt 235001
U.S.C. 202(c), 404(b), 3632. These
authorities demonstrate that the
Governors, who are principal officers
under the Constitution, have ‘‘ultimate
control and authority’’ over the Postal
Service. Silver v. United States Postal
Serv., 951 F.2d 1033 (9th Cir. 1991).
The statute requires the Board to have
a quorum of 6 members in order to
exercise those powers which have been
reserved to the Board rather than
delegated, 39 U.S.C. 206(c). In
anticipation of the situation in which
the Board is unable to constitute a
quorum due to the fact that an
insufficient number of Governors are in
office, the Board issued a resolution
regarding the continued exercise of
those powers that are reserved to the
Board by its by-laws during a period in
which it is disabled from assembling a
quorum. This resolution was approved
in a meeting in which a quorum of the
Board was present.
Furthermore, the Governors
determined that it was appropriate to
issue a resolution articulating their
position concerning the exercise of
those powers vested solely in the
Governors, as distinguished from the
Board. The Governors anticipated that
questions may be raised as to whether
the inability of the Board to assemble a
quorum affects the Governors’ ability to
exercise those powers.
Powers Reserved to the Board of
Governors
After considering the legal issues
involved, including the specific
statutory structure under which the
Postal Service operates, the Board has
promulgated a resolution that delegates
to a Temporary Emergency Committee
certain powers reserved to the Board by
its by-laws during any period of time in
which vacancies on the Board prevent it
from assembling a quorum. This
delegation would also apply in
emergency circumstances in which
death, incapacity, or disruption of
transportation or communications
reasonably prevent a Board quorum
from being assembled.
The Temporary Emergency
Committee consists of the remaining
members of the Board who are able to
assemble, and exercises those powers
reserved to the Board by its by-laws that
are necessary to provide for continuity
of operations. The Temporary
Emergency Committee will exercise
those reserved Board powers necessary
for operational continuity until such
time as sufficient members are available
to enable a quorum of the Board to
convene.
PO 00000
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Fmt 4703
Sfmt 4703
74781
Powers Reserved to the Governors
After considering the legal issues
involved, the Governors have issued a
resolution that makes two
determinations. First, the resolution
states that the inability of the Board to
constitute a quorum does not prevent
the Governors then in office from
exercising those powers vested solely in
the Governors, as distinguished from the
Board. Second, the resolution states
that, except as otherwise provided by
statute, the Governors will exercise
those powers upon the concurrence of
an absolute majority of Governors then
in office.
The Governors issued this resolution
after considering the plain language of
the statute. The Governors determined
that, with one express exception
(concerning the removal of the Inspector
General), there is no requirement that a
specific number of Governors be in
office in order to exercise those powers
vested solely in them. Rather, the statute
generally specifies that there must be
the concurrence of an absolute majority
of the Governors then ‘‘in office’’ or
‘‘holding office’’ in order for the
Governors to exercise those powers. See
39 U.S.C. 205(c)(1) (appointment and
removal of Postmaster General); 3632(a)
(establishment of rates and
classifications for competitive
products).
The Governors also determined that it
would raise serious constitutional
concerns to interpret the statute as
preventing the exercise of their powers
if the Board cannot form a quorum. The
powers to appoint and remove the
Postmaster General, revoke delegated
Board authority, and make pricing and
classification decisions ensure that, as
principal officers under the
Constitution, the Governors have
‘‘ultimate control and authority’’ over
the Postal Service, and therefore that the
Postal Service’s governance structure is
constitutionally sound. Silver, 951 F.2d
at 1036–1041. Interpreting the statute as
imposing implicit limits on the ability
of the Governors to exercise those
powers would be inconsistent with the
court’s holding. Furthermore, such an
interpretation would violate separation
of powers principles. In particular, it
would violate Article II of the
Constitution for the Governors, who are
directly accountable to the President, to
be completely prevented from removing
the Postmaster General, an inferior
officer under the Constitution who
exercises significant executive
authority.
The statute does not specify a
particular requirement regarding the
exercise of the Governors’ authority in
E:\FR\FM\16DEN1.SGM
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74782
Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices
certain circumstances, including in the
establishment of prices and
classifications for market-dominant
products and the revocation of a
delegation of Board authority. In such
circumstances, the Governors
determined that it was reasonable and
appropriate to apply the same rule as
generally specified by the statute for the
exercise of its powers: action can be
taken with the consent of an absolute
majority of the Governors then in office.
Stanley F. Mires,
Attorney, Federal Requirements.
[FR Doc. 2014–29344 Filed 12–15–14; 8:45 am]
BILLING CODE 7710–12–P
Stanley F. Mires,
Attorney, Federal Requirements.
POSTAL SERVICE
Product Change—Priority Mail Express
Negotiated Service Agreement
Postal
Notice.
AGENCY:
ACTION:
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Effective date: December 16,
2014.
FOR FURTHER INFORMATION CONTACT:
Elizabeth A. Reed, 202–268–3179.
SUPPLEMENTARY INFORMATION: The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on December 9,
2014, it filed with the Postal Regulatory
Commission a Request of the United
States Postal Service to Add Priority
Mail Express Contract 23 to Competitive
Product List. Documents are available at
www.prc.gov, Docket Nos. MC2015–16,
CP2015–20.
[FR Doc. 2014–29376 Filed 12–15–14; 8:45 am]
BILLING CODE 7710–12–P
ServiceTM.
POSTAL SERVICE
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Effective date: December 16,
2014.
SUMMARY:
Product Change—Priority Mail
Negotiated Service Agreement
Postal ServiceTM.
Notice.
AGENCY:
ACTION:
BILLING CODE 7710–12–P
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Effective date: December 16,
2014.
FOR FURTHER INFORMATION CONTACT:
Elizabeth A. Reed, 202–268–3179.
SUPPLEMENTARY INFORMATION: The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on December 9,
2014, it filed with the Postal Regulatory
Commission a Request of the United
States Postal Service to Add Priority
Mail Contract 103 to Competitive
Product List. Documents are available at
www.prc.gov, Docket Nos. MC2015–17,
CP2015–21.
POSTAL SERVICE
Stanley F. Mires,
Attorney, Federal Requirements.
FOR FURTHER INFORMATION CONTACT:
Elizabeth A. Reed, 202–268–3179.
The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on December 9,
2014, it filed with the Postal Regulatory
Commission a Request of the United
States Postal Service to Add Priority
Mail Express Contract 22 to Competitive
Product List. Documents are available at
www.prc.gov, Docket Nos. MC2015–15,
CP2015–19.
SUPPLEMENTARY INFORMATION:
Stanley F. Mires,
Attorney, Federal Requirements.
[FR Doc. 2014–29378 Filed 12–15–14; 8:45 am]
SUMMARY:
[FR Doc. 2014–29377 Filed 12–15–14; 8:45 am]
mstockstill on DSK4VPTVN1PROD with NOTICES
Product Change—Priority Mail Express
Negotiated Service Agreement
Postal ServiceTM.
ACTION: Notice.
AGENCY:
SECURITIES AND EXCHANGE
COMMISSION
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
SUMMARY:
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19:38 Dec 15, 2014
BILLING CODE 7710–12–P
Jkt 235001
Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
PO 00000
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Fmt 4703
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Commission, Office of FOIA Services,
100 F Street NE., Washington, DC
20549–2736.
Extension:
Rule 12d2–2 and Form 25, SEC File No.
270–86, OMB Control No. 3235–0080.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget a
request for approval of extension of the
existing collection of information
provided for the following rule: Rule
12d2–2 (17 CFR 240.12d2–2) and Form
25 (17 CFR 249.25).
On February 12, 1935, the
Commission adopted Rule 12d2–2,1 and
Form 25 under the Securities Exchange
Act of 1934 (15 U.S.C. 78a et seq.)
(‘‘Act’’), which sets forth the conditions
and procedures under which a security
may be delisted from an exchange and
withdrawn from registration under
Section 12(b) of the Act.2 The
Commission adopted amendments to
Rule 12d2–2 and Form 25 in 2005.3
Under the adopted Rule 12d2–2, all
issuers and national securities
exchanges seeking to delist and
deregister a security in accordance with
the rules of an exchange must file the
adopted version of Form 25 with the
Commission. The Commission also
adopted amendments to Rule 19d-1
under the Act to require exchanges to
file the adopted version of Form 25 as
notice to the Commission under Section
19(d) of the Act. Finally, the
Commission adopted amendments to
exempt standardized options and
security futures products from Section
12(d) of the Act. These amendments are
intended to simplify the paperwork and
procedure associated with a delisting
and to unify general rules and
procedures relating to the delisting
process.
The Form 25 is useful because it
informs the Commission that a security
previously traded on an exchange is no
longer traded. In addition, the Form 25
enables the Commission to verify that
the delisting and/or deregistration has
occurred in accordance with the rules of
the exchange. Further, the Form 25
helps to focus the attention of delisting
issuers to make sure that they abide by
the proper procedural and notice
requirements associated with a delisting
and/or deregistration. Without Rule
1 See Securities Exchange Act Release No. 98
(February 12, 1935).
2 See Securities Exchange Act Release No. 7011
(February 5, 1963), 28 FR 1506 (February 16, 1963).
3 See Securities Exchange Act Release No. 52029
(July 14, 2005), 70 FR 42456 (July 22, 2005).
E:\FR\FM\16DEN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74780-74782]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29344]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
Exercise of Powers Reserved to the Governors and the Board of
Governors
AGENCY: Postal Service.
ACTION: Notice of resolutions regarding the absence of a quorum.
-----------------------------------------------------------------------
SUMMARY: The Board of Governors of the Postal Service has adopted a
resolution regarding the exercise of those powers reserved to the Board
upon the loss of a quorum of the Board. During the time in which the
Board is unable to form a quorum, those powers needed to provide for
continuity of operations would be delegated to a Temporary Emergency
Committee composed of the remaining members of the Board. The Governors
of the Postal Service have also issued a resolution regarding the
exercise of the powers vested solely in
[[Page 74781]]
the Governors, as distinguished from the Board of Governors. The
resolution clarifies that the inability of the Board to constitute a
quorum does not inhibit or affect the authority of the Governors then
in office to exercise those powers vested solely in the Governors, upon
the concurrence of an absolute majority of the Governors then in
office.
DATES: Effective Date: November 14, 2014.
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:
Overview
The Board of Governors of the Postal Service has promulgated a
resolution regarding the exercise of those powers reserved to the Board
upon the loss of a quorum of the Board. The resolution delegates to a
Temporary Emergency Committee, consisting of the remaining members of
the Board, those powers reserved to the Board that are needed to
provide for continuity of operations during the period of time in which
the Board is unable to form a quorum. In addition, the Governors of the
Postal Service have issued a separate resolution regarding the exercise
of the powers vested solely in the Governors, as distinguished from the
Board of Governors. The resolution clarifies that the inability of the
Board to constitute a quorum does not inhibit or affect the authority
of the Governors then in office to exercise those powers vested solely
in the Governors. The resolution states that except as otherwise
provided by statute, the Governors shall exercise those powers vested
in the Governors upon the concurrence of an absolute majority of
Governors then in office.
Background
While the powers of the Postal Service are generally directed by
the Board of Governors, 39 U.S.C. 202(a)(1), the statute broadly
authorizes the powers conferred on the Board to be delegated to a
committee of the Board, or to the Postmaster General, 39 U.S.C. 402.
Thus, the determination whether authority conferred on the Board by
statute should be delegated, or should be exercised through the
mechanism of the full Board, is ultimately made by the Governors. In
addition, certain other actions are reserved by statute solely to the
Governors, including the appointment and removal of the Postmaster
General and the establishment of prices and classifications for postal
products, 39 U.S.C. 202(c), 404(b), 3632. These authorities demonstrate
that the Governors, who are principal officers under the Constitution,
have ``ultimate control and authority'' over the Postal Service. Silver
v. United States Postal Serv., 951 F.2d 1033 (9th Cir. 1991).
The statute requires the Board to have a quorum of 6 members in
order to exercise those powers which have been reserved to the Board
rather than delegated, 39 U.S.C. 206(c). In anticipation of the
situation in which the Board is unable to constitute a quorum due to
the fact that an insufficient number of Governors are in office, the
Board issued a resolution regarding the continued exercise of those
powers that are reserved to the Board by its by-laws during a period in
which it is disabled from assembling a quorum. This resolution was
approved in a meeting in which a quorum of the Board was present.
Furthermore, the Governors determined that it was appropriate to
issue a resolution articulating their position concerning the exercise
of those powers vested solely in the Governors, as distinguished from
the Board. The Governors anticipated that questions may be raised as to
whether the inability of the Board to assemble a quorum affects the
Governors' ability to exercise those powers.
Powers Reserved to the Board of Governors
After considering the legal issues involved, including the specific
statutory structure under which the Postal Service operates, the Board
has promulgated a resolution that delegates to a Temporary Emergency
Committee certain powers reserved to the Board by its by-laws during
any period of time in which vacancies on the Board prevent it from
assembling a quorum. This delegation would also apply in emergency
circumstances in which death, incapacity, or disruption of
transportation or communications reasonably prevent a Board quorum from
being assembled.
The Temporary Emergency Committee consists of the remaining members
of the Board who are able to assemble, and exercises those powers
reserved to the Board by its by-laws that are necessary to provide for
continuity of operations. The Temporary Emergency Committee will
exercise those reserved Board powers necessary for operational
continuity until such time as sufficient members are available to
enable a quorum of the Board to convene.
Powers Reserved to the Governors
After considering the legal issues involved, the Governors have
issued a resolution that makes two determinations. First, the
resolution states that the inability of the Board to constitute a
quorum does not prevent the Governors then in office from exercising
those powers vested solely in the Governors, as distinguished from the
Board. Second, the resolution states that, except as otherwise provided
by statute, the Governors will exercise those powers upon the
concurrence of an absolute majority of Governors then in office.
The Governors issued this resolution after considering the plain
language of the statute. The Governors determined that, with one
express exception (concerning the removal of the Inspector General),
there is no requirement that a specific number of Governors be in
office in order to exercise those powers vested solely in them. Rather,
the statute generally specifies that there must be the concurrence of
an absolute majority of the Governors then ``in office'' or ``holding
office'' in order for the Governors to exercise those powers. See 39
U.S.C. 205(c)(1) (appointment and removal of Postmaster General);
3632(a) (establishment of rates and classifications for competitive
products).
The Governors also determined that it would raise serious
constitutional concerns to interpret the statute as preventing the
exercise of their powers if the Board cannot form a quorum. The powers
to appoint and remove the Postmaster General, revoke delegated Board
authority, and make pricing and classification decisions ensure that,
as principal officers under the Constitution, the Governors have
``ultimate control and authority'' over the Postal Service, and
therefore that the Postal Service's governance structure is
constitutionally sound. Silver, 951 F.2d at 1036-1041. Interpreting the
statute as imposing implicit limits on the ability of the Governors to
exercise those powers would be inconsistent with the court's holding.
Furthermore, such an interpretation would violate separation of powers
principles. In particular, it would violate Article II of the
Constitution for the Governors, who are directly accountable to the
President, to be completely prevented from removing the Postmaster
General, an inferior officer under the Constitution who exercises
significant executive authority.
The statute does not specify a particular requirement regarding the
exercise of the Governors' authority in
[[Page 74782]]
certain circumstances, including in the establishment of prices and
classifications for market-dominant products and the revocation of a
delegation of Board authority. In such circumstances, the Governors
determined that it was reasonable and appropriate to apply the same
rule as generally specified by the statute for the exercise of its
powers: action can be taken with the consent of an absolute majority of
the Governors then in office.
Stanley F. Mires,
Attorney, Federal Requirements.
[FR Doc. 2014-29344 Filed 12-15-14; 8:45 am]
BILLING CODE 7710-12-P
