Rules of Conduct for Postal Employees, 33806-33807 [2017-15311]
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33806
Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations
(1) If a party fails to make required
initial disclosures or expert testimony
disclosure, or fails to designate a person
pursuant to Rule 30(b)(6) or Rule 31(a)
of the Federal Rules of Civil Procedure,
or if a party, or such designated person,
or an officer, director or managing agent
of a party fails to attend a deposition or
fails to answer any question
propounded in a discovery deposition,
or any interrogatory, or fails to produce
and permit the inspection and copying
of any document, electronically stored
information, or tangible thing, the party
entitled to disclosure or seeking
discovery may file a motion to compel
disclosure, a designation, or attendance
at a deposition, or an answer, or
production and an opportunity to
inspect and copy. A motion to compel
initial disclosures must be filed within
thirty days after the deadline therefor
and include a copy of the disclosure(s),
if any, and a motion to compel an expert
testimony disclosure must be filed prior
to the close of the discovery period. A
motion to compel discovery must be
filed before the day of the deadline for
pretrial disclosures for the first
testimony period as originally set or as
reset. A motion to compel discovery
shall include a copy of the request for
designation of a witness or of the
relevant portion of the discovery
deposition; or a copy of the
interrogatory with any answer or
objection that was made; or a copy of
the request for production, any proffer
of production or objection to production
in response to the request, and a list and
brief description of the documents,
electronically stored information, or
tangible things that were not produced
for inspection and copying. A motion to
compel initial disclosures, expert
testimony disclosure, or discovery must
be supported by a showing from the
moving party that such party or the
attorney therefor has made a good faith
effort, by conference or correspondence,
to resolve with the other party or the
attorney therefor the issues presented in
the motion but the parties were unable
to resolve their differences. If issues
raised in the motion are subsequently
resolved by agreement of the parties, the
moving party should inform the Board
in writing of the issues in the motion
which no longer require adjudication.
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(1) Any motion by a party to
determine the sufficiency of an answer
or objection, including testing the
sufficiency of a general objection on the
ground of excessive number, to a
request made by that party for an
admission must be filed before the day
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16:05 Jul 20, 2017
Jkt 241001
of the deadline for pretrial disclosures
for the first testimony period, as
originally set or as reset. The motion
shall include a copy of the request for
admission and any exhibits thereto and
of the answer or objection. The motion
must be supported by a written
statement from the moving party
showing that such party or the attorney
therefor has made a good faith effort, by
conference or correspondence, to
resolve with the other party or the
attorney therefor the issues presented in
the motion and has been unable to reach
agreement. If issues raised in the motion
are subsequently resolved by agreement
of the parties, the moving party should
inform the Board in writing of the issues
in the motion which no longer require
adjudication.
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3. Amend § 2.127 by revising
paragraph (e)(1) to read as follows:
■
§ 2.127
Motions.
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(e)(1) A party may not file a motion
for summary judgment until the party
has made its initial disclosures, except
for a motion asserting claim or issue
preclusion or lack of jurisdiction by the
Trademark Trial and Appeal Board. A
motion for summary judgment must be
filed before the day of the deadline for
pretrial disclosures for the first
testimony period, as originally set or as
reset. A motion under Rule 56(d) of the
Federal Rules of Civil Procedure, if filed
in response to a motion for summary
judgment, shall be filed within thirty
days from the date of service of the
summary judgment motion. The time for
filing a motion under Rule 56(d) will
not be extended or reopened. If no
motion under Rule 56(d) is filed, a brief
in response to the motion for summary
judgment shall be filed within thirty
days from the date of service of the
motion unless the time is extended by
stipulation of the parties approved by
the Board, or upon motion granted by
the Board, or upon order of the Board.
If a motion for an extension is denied,
the time for responding to the motion
for summary judgment may remain as
specified under this section. A reply
brief, if filed, shall be filed within
twenty days from the date of service of
the brief in response to the motion. The
time for filing a reply brief will not be
extended or reopened. The Board will
consider no further papers in support of
or in opposition to a motion for
summary judgment.
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Dated: July 17, 2017.
Joseph D. Matal,
Performing the Functions and Duties of the
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2017–15346 Filed 7–20–17; 8:45 am]
BILLING CODE 3510–16–P
POSTAL SERVICE
39 CFR Part 447
Rules of Conduct for Postal
Employees
Postal Service.
Final rule.
AGENCY:
ACTION:
The Postal Service is revising
its rules concerning employee conduct
to specify the circumstances under
which a nonbargaining employee may
consume intoxicating beverages at an
Officer Approved Event or a Postmaster
General Approved event. This revision
is intended to ensure that the relevant
rules conform to the Postal Service’s
existing practices regarding this matter.
DATES: Effective date: August 21, 2017.
FOR FURTHER INFORMATION CONTACT:
David B. Ellis at (202) 268–2981, or
david.b.ellis@usps.gov.
SUPPLEMENTARY INFORMATION: The Postal
Service has determined that it is
necessary to revise and update its
regulations concerning employee
conduct to reflect current practices
concerning the possession and
consumption of intoxicating beverages
at officially-approved Postal Service
events. The current rules, set forth at 39
CFR 447.21(e), are couched in general
terms that fail to provide sufficient
guidance to managers or employees.
As revised, the general prohibition
against consuming intoxicating
beverages on duty is replaced with a
rule that intoxicating beverages may be
consumed by non-bargaining employees
while on duty only if consumption
occurs at certain events known as
Officer Approved Events and Postmaster
General Approved Events. This change
was made because the current
regulations’ general prohibition against
on-duty consumption is not in
accordance with Postal Service practice.
The Postal Service permits the
consumption of intoxicating beverages
by nonbargaining employees at business
meetings, sales meetings, and
recognition events. At such events,
Postal Service nonbargaining employees
may be on duty because the event
occurs during their normal work hours
and their attendance is authorized or
required, or because they are hosting or
SUMMARY:
E:\FR\FM\21JYR1.SGM
21JYR1
Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations
sradovich on DSK3GMQ082PROD with RULES
performing Postal Service
responsibilities at a recognition event,
meeting with a customer, or otherwise
conducting Postal Service business,
whether or not the event occurs during
the nonbargaining employee’s normal
work hours. Such events often involve
the serving of food and beverages,
whether during a meal or as
refreshments at the event.
The Postal Service, however, wishes
to restrict the consumption of
intoxicating beverages by nonbargaining
employees at Postal Service events to
appropriate situations for which
executive approval has been obtained,
whether or not the employees are on
duty. As a result, any event where
intoxicating beverages are served to
Postal Service nonbargaining
employees, whether they are on duty or
off duty, must meet the requirements for
an Officer Approved Event or a
Postmaster General Approved Event.
Among other things, this means that the
consumption of intoxicating beverages
at the event would require the express
approval of a Postal Service Officer or
the Postmaster General.
The new regulations will not change
the existing prohibitions against
beginning work or returning to duty
intoxicated. They will, however, impose
a specific prohibition against becoming
intoxicated at Officer Approved Events
or Postmaster General Approved Events.
The new regulations also clarify the
conditions under which intoxicating
beverages may be possessed or
consumed on Postal Service premises.
First, beer and wine would be permitted
on Postal Service premises if approved
by a Postal Service Officer in connection
with an Officer Approved Event. Under
current regulations, only the Postmaster
General may approve the consumption
of intoxicating beverages on Postal
Service Premises. Second, intoxicating
beverages other than beer and wine
would never be permitted on Postal
Service premises, regardless of whether
the event is an Officer Approved Event
or a Postmaster General Approved
Event. Under current regulations, the
Postmaster General may approve the
consumption of intoxicating beverages
other than beer and wine on Postal
Service premises.
List of Subjects in 39 CFR Part 447
Conflict of interests, Employee
conduct, Government employees.
For the reasons stated in the
preamble, the Postal Service amends 39
CFR part 447 as set forth below:
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PART 447—RULES OF CONDUCT FOR
POSTAL EMPLOYEES
1. The authority citation for part 447
continues to read as follows:
33807
into any Postal Service facility or
premises under any circumstances.
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■
Authority: 39 U.S.C. 401.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2017–15311 Filed 7–20–17; 8:45 am]
Subpart B—Employee Conduct
2. Revise § 447.21(e) to read as
follows:
BILLING CODE 7710–12–P
■
§ 447.21
Prohibited conduct.
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(e)(1) Except as provided in this
paragraph, employees must not drink
beer, wine, or other intoxicating
beverages while on duty; begin work or
return to duty intoxicated; or drink
intoxicating beverages in a public place
while in uniform. Employees found to
be violating this policy may be subject
to disciplinary action.
(2) A nonbargaining employee may
consume beer or wine at an Officer
Approved Event. An Officer Approved
Event means: A meeting of Postal
Service employees convened by
management, such as a working meal,
an employee recognition event, or an
employee appreciation event; or an
event whose primary purpose is to
interact with external individuals or
entities, such as an industry conference,
a sales meeting, or a supplier meeting;
that in all cases is either attended by an
Officer of the Postal Service who
personally decides that the
consumption of beer and wine by
employees is appropriate, or with
respect to which an Officer of the Postal
Service has granted specific, written,
and advance approval for the
consumption of beer and wine by
employees.
(3) A nonbargaining employee may
consume beer, wine, or other
intoxicating beverages at a Postmaster
General Approved Event. A Postmaster
General Approved Event means any
Postal Service-related event with respect
to which the Postmaster General
personally approves the consumption of
beer, wine, or other intoxicating
beverages.
(4) No employee may become
intoxicated while at an Officer
Approved Event or a Postmaster General
Approved Event. Except in connection
with an Officer Approved Event or a
Postmaster General Approved Event
occurring at a Postal Service facility or
premises, no employee shall have or
bring any container of beer or wine into
any Postal Service facility or premises,
whether the container has been opened
or not. Intoxicating beverages other than
beer and wine may never be brought
PO 00000
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0656; FRL–9965–14–
Region 4]
Air Plan Approval; Florida:
Unnecessary Rule Removal
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Florida State Implementation Plan
submitted by the Florida Department of
Environmental Protection (DEP) on
February 20, 2013. The revision
removes unnecessary and superseded
rules from the Florida State
Implementation Plan (SIP). Specifically,
this revision removes non-regulatory
introductory language, as well as a
regulation that has been superseded by
more stringent federal regulations. This
action is being taken pursuant to the
Clean Air Act (CAA or Act).
DATES: This direct final rule is effective
September 19, 2017 without further
notice, unless EPA receives adverse
comment by August 21, 2017. If EPA
receives such comments, it will publish
a timely withdrawal of the direct final
rule in the Federal Register and inform
the public that the rule will not take
effect.
SUMMARY:
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2016–0656 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
ADDRESSES:
E:\FR\FM\21JYR1.SGM
21JYR1
]]>Agencies
[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Rules and Regulations]
[Pages 33806-33807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15311]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 447
Rules of Conduct for Postal Employees
AGENCY: Postal Service.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is revising its rules concerning employee
conduct to specify the circumstances under which a nonbargaining
employee may consume intoxicating beverages at an Officer Approved
Event or a Postmaster General Approved event. This revision is intended
to ensure that the relevant rules conform to the Postal Service's
existing practices regarding this matter.
DATES: Effective date: August 21, 2017.
FOR FURTHER INFORMATION CONTACT: David B. Ellis at (202) 268-2981, or
david.b.ellis@usps.gov.
SUPPLEMENTARY INFORMATION: The Postal Service has determined that it is
necessary to revise and update its regulations concerning employee
conduct to reflect current practices concerning the possession and
consumption of intoxicating beverages at officially-approved Postal
Service events. The current rules, set forth at 39 CFR 447.21(e), are
couched in general terms that fail to provide sufficient guidance to
managers or employees.
As revised, the general prohibition against consuming intoxicating
beverages on duty is replaced with a rule that intoxicating beverages
may be consumed by non-bargaining employees while on duty only if
consumption occurs at certain events known as Officer Approved Events
and Postmaster General Approved Events. This change was made because
the current regulations' general prohibition against on-duty
consumption is not in accordance with Postal Service practice. The
Postal Service permits the consumption of intoxicating beverages by
nonbargaining employees at business meetings, sales meetings, and
recognition events. At such events, Postal Service nonbargaining
employees may be on duty because the event occurs during their normal
work hours and their attendance is authorized or required, or because
they are hosting or
[[Page 33807]]
performing Postal Service responsibilities at a recognition event,
meeting with a customer, or otherwise conducting Postal Service
business, whether or not the event occurs during the nonbargaining
employee's normal work hours. Such events often involve the serving of
food and beverages, whether during a meal or as refreshments at the
event.
The Postal Service, however, wishes to restrict the consumption of
intoxicating beverages by nonbargaining employees at Postal Service
events to appropriate situations for which executive approval has been
obtained, whether or not the employees are on duty. As a result, any
event where intoxicating beverages are served to Postal Service
nonbargaining employees, whether they are on duty or off duty, must
meet the requirements for an Officer Approved Event or a Postmaster
General Approved Event. Among other things, this means that the
consumption of intoxicating beverages at the event would require the
express approval of a Postal Service Officer or the Postmaster General.
The new regulations will not change the existing prohibitions
against beginning work or returning to duty intoxicated. They will,
however, impose a specific prohibition against becoming intoxicated at
Officer Approved Events or Postmaster General Approved Events.
The new regulations also clarify the conditions under which
intoxicating beverages may be possessed or consumed on Postal Service
premises. First, beer and wine would be permitted on Postal Service
premises if approved by a Postal Service Officer in connection with an
Officer Approved Event. Under current regulations, only the Postmaster
General may approve the consumption of intoxicating beverages on Postal
Service Premises. Second, intoxicating beverages other than beer and
wine would never be permitted on Postal Service premises, regardless of
whether the event is an Officer Approved Event or a Postmaster General
Approved Event. Under current regulations, the Postmaster General may
approve the consumption of intoxicating beverages other than beer and
wine on Postal Service premises.
List of Subjects in 39 CFR Part 447
Conflict of interests, Employee conduct, Government employees.
For the reasons stated in the preamble, the Postal Service amends
39 CFR part 447 as set forth below:
PART 447--RULES OF CONDUCT FOR POSTAL EMPLOYEES
0
1. The authority citation for part 447 continues to read as follows:
Authority: 39 U.S.C. 401.
Subpart B--Employee Conduct
0
2. Revise Sec. 447.21(e) to read as follows:
Sec. 447.21 Prohibited conduct.
* * * * *
(e)(1) Except as provided in this paragraph, employees must not
drink beer, wine, or other intoxicating beverages while on duty; begin
work or return to duty intoxicated; or drink intoxicating beverages in
a public place while in uniform. Employees found to be violating this
policy may be subject to disciplinary action.
(2) A nonbargaining employee may consume beer or wine at an Officer
Approved Event. An Officer Approved Event means: A meeting of Postal
Service employees convened by management, such as a working meal, an
employee recognition event, or an employee appreciation event; or an
event whose primary purpose is to interact with external individuals or
entities, such as an industry conference, a sales meeting, or a
supplier meeting; that in all cases is either attended by an Officer of
the Postal Service who personally decides that the consumption of beer
and wine by employees is appropriate, or with respect to which an
Officer of the Postal Service has granted specific, written, and
advance approval for the consumption of beer and wine by employees.
(3) A nonbargaining employee may consume beer, wine, or other
intoxicating beverages at a Postmaster General Approved Event. A
Postmaster General Approved Event means any Postal Service-related
event with respect to which the Postmaster General personally approves
the consumption of beer, wine, or other intoxicating beverages.
(4) No employee may become intoxicated while at an Officer Approved
Event or a Postmaster General Approved Event. Except in connection with
an Officer Approved Event or a Postmaster General Approved Event
occurring at a Postal Service facility or premises, no employee shall
have or bring any container of beer or wine into any Postal Service
facility or premises, whether the container has been opened or not.
Intoxicating beverages other than beer and wine may never be brought
into any Postal Service facility or premises under any circumstances.
* * * * *
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2017-15311 Filed 7-20-17; 8:45 am]
BILLING CODE 7710-12-P
