Bylaws of the Board of Governors of the United States Postal Service, 10011-10015 [2021-00485]
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10011
Rules and Regulations
Federal Register
Vol. 86, No. 31
Thursday, February 18, 2021
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740 and 742
[Docket No. 210212–0010]
RIN 0694–XC072
Burma: Implementation of Sanctions
Bureau of Industry and
Security, Commerce.
ACTION: Notification.
AGENCY:
In response to the coup
perpetrated by the Burmese military
wresting control of the democraticallyelected government of Burma, the
United States Government is reviewing
all available actions to hold the
perpetrators of the coup responsible.
The Department of Commerce’s Bureau
of Industry and Security (BIS) is taking
immediate action to limit exports and
reexports of sensitive goods to Burma’s
military and security services. Effective
immediately, BIS is adopting a more
restrictive license application review
policy of presumption of denial of items
requiring a license for export and
reexport to Burma’s Ministry of Defense,
Ministry of Home Affairs, armed forces,
and security services. BIS is also
suspending the use of certain license
exceptions that would otherwise
generally be available to Burma as a
result of its current Country Group
placement in the Export Administration
Regulations (EAR).
DATES: Effective February 17, 2021.
FOR FURTHER INFORMATION CONTACT:
Tracy Patts, Foreign Policy Division,
Office of Nonproliferation and Treaty
Compliance, Bureau of Industry and
Security, Department of Commerce.
Phone: (202) 482–4252; Email:
Foreign.Policy@bis.doc.gov.
SUPPLEMENTARY INFORMATION: On
February 1, 2021, the Burmese military
perpetrated a coup wresting control of
the democratically-elected government
of Burma, including by detaining State
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SUMMARY:
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Counselor Aung San Suu Kyi, President
Win Myint, and other leaders of the
ruling party. The United States
Government strongly condemns any
efforts to alter the outcome of Burma’s
recent elections and is committed to
supporting the people in Burma who
have worked tirelessly in their quest for
democracy and peace. These actions are
in direct opposition to the will of the
Burmese people who have made their
voices heard through internationallysanctioned elections.
The United States Government is
reviewing all available actions to hold
perpetrators of the coup responsible,
and the Department of Commerce’s
Bureau of Industry and Security (BIS) is
hereby taking immediate action to limit
exports and reexports of sensitive items
to Burma’s military and security
services under the Export
Administration Regulations, 15 CFR
parts 730 through 774 (EAR). Currently,
transactions requiring a license for
export or reexport to Burma are
generally subject to case-by-case
licensing review consistent with the
licensing policies set forth in part 742
and other applicable parts of the EAR.
Effective immediately, BIS will apply a
presumption of denial for items subject
to the EAR requiring a license for export
or reexport when destined to Burma’s
Ministry of Defense, Ministry of Home
Affairs, armed forces, and security
services. BIS is also suspending the use
of certain license exceptions that would
otherwise be available to Burma as a
result of its current Country Group
placement in the EAR.
A license exception is an
authorization contained in part 740 of
the EAR that allows exports, reexports,
or transfers (in-country) under stated
conditions of items subject to the EAR
that would otherwise require a license.
Availability of license exceptions is
largely based on Country Group
placement (see Supplement No. 1 to
part 740). Section 740.2 (Restrictions on
all License Exceptions) provides general
information on restrictions on all
license exceptions.
Burma is currently in Country Group
B, which allows certain license
exceptions not available for exports and
reexports to destinations in more
restrictive EAR Country Groups. In this
notice, as described in more detail
below, BIS suspends the availability of
certain license exceptions that would
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otherwise generally be available as a
consequence of Burma’s Country Group
B placement for exports and reexports to
Burma, and transfers (in-country) within
Burma, of items subject to the EAR.
BIS is taking this action pursuant to
§ 740.2(b) of the EAR (15 CFR 740.2(b)),
which provides that all license
exceptions are subject to revision,
suspension, or revocation, in whole or
in part, without notice. The following
license exceptions are suspended for
exports or reexports to Burma, or
transfers (in-country) within Burma,
either in whole or in part, as specified
below:
• Shipments of Limited Value (LVS)
(§ 740.3).
• Shipments to Group B Countries
(GBS) (§ 740.4).
• Technology and Software under
Restriction (TSR) (§ 740.6).
• Computers (APP) (§ 740.7).
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2021–03350 Filed 2–17–21; 8:45 am]
BILLING CODE 3510–33–P
POSTAL SERVICE
39 CFR Parts 2, 3, 4, 6, 7, and 10
Bylaws of the Board of Governors of
the United States Postal Service
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Bylaws of the Board of
Governors are being amended to address
a variety of issues. Many of the
amendments are designed to clarify, in
both form and substance, existing
provisions, and also to increase their
accuracy and align them to current
practice. Additions and deletions have
also been made to better conform the
Bylaws to existing law.
DATES: This rule is effective as of
February 18, 2021.
FOR FURTHER INFORMATION CONTACT:
Michael J. Elston, Secretary of the Board
of Governors, michael.j.elston@
usps.gov, 202–268–4800.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On November 13, 2020, the Board of
Governors approved the following
amendments to its Bylaws to address a
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variety of issues. Many of the
amendments are designed to clarify, in
both form and substance, existing
provisions, and also to increase their
accuracy and align them to current
practice. Additions and deletions have
also been made to better conform the
Bylaws to existing law. Among other
things, the amendments also clarify that
the Governors are ultimately responsible
for adjusting rates, and that the Postal
Regulatory Commission’s role is to
review those rate adjustments.
Additions have been made to expand
the information to which the Governors
have regular access and to clarify that
any additional information can be
requested as needed. A new section has
been added to govern situations in
which there are an insufficient number
of Governors to constitute a quorum.
List of Subjects
39 CFR Part 2
4. The authority citation for part 3
continues to read as follows:
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39 CFR Part 3
Authority: 39 U.S.C. 202, 203, 205, 401(2),
(10), 402, 404(b), 414, 416, 1003, 2005, 2011,
2802–2804, 3013, 3622, 3632, 3642, 3652,
3654, 3691; 5 U.S.C. 552b(g), (j); 5 U.S.C.
App.; Pub. L. 107–67, 115 Stat. 514 (2001).
Board of Governors.
39 CFR Part 4
Officials.
39 CFR Part 6
■
Meetings.
Public Observation.
39 CFR Part 10
Rules of Conduct for Postal Service
Governors.
For the reasons stated in the
preamble, the Postal Service amends 39
CFR chapter I as follows:
PART 2—GENERAL AND TECHNICAL
PROVISIONS
Authority: 39 U.S.C. 202, 203, 205(c), 207,
401(2); 5 U.S.C. 552b(f), (g).
2. Revise § 2.1 to read as follows:
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Office of the Board of Governors.
There shall be located in Washington,
DC, an Office of the Board of Governors
of the United States Postal Service. It
shall be the function of this Office, led
by the Secretary of the Board, to provide
staff support for the Board, as directed
by the Chairman of the Board, to enable
the Board to carry out effectively its
duties and responsibilities.
3. Revise § 2.6 to read as follows:
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Compensation of Board.
Section 202(a)(1) of title 39 provides
for the compensation of the Governors
and for reimbursement for travel and
reasonable expenses incurred in
attending meetings of the Board and its
Committees. Compensation is provided
for not more than 42 days of meetings
per year.
■ 6. Amend § 3.3 by revising paragraphs
(b), and (d) through (n) to read as
follows:
§ 3.3 Matters reserved for decision by the
Board.
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1. The authority citation for part 2
continues to read as follows:
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5. Revise § 3.2 to read as follows:
§ 3.2
39 CFR Part 7
§ 2.1
The invalidity of any provision of
these bylaws does not affect the validity
of the remaining provisions, and for this
purpose these bylaws are severable. The
Board may amend or repeal these
bylaws at any special or regular
meeting, provided that each member of
the Board has received a written notice
containing a statement of the proposed
amendment or repeal at least five (5)
business days before the meeting. The
members of the Board may waive the
five (5) business days’ notice or the
operation of any other provision of these
bylaws by unanimous consent, if that
action is not prohibited by law. The
Secretary shall submit the text of any
amendment to these bylaws for
publication in the Federal Register as
soon as practicable after the amendment
is adopted by the Board.
PART 3—BOARD OF GOVERNORS
General and Technical Provisions.
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§ 2.6 Severability, amendment, repeal, and
waiver of bylaws.
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(b) Approval of the annual Postal
Service Integrated Financial Plan, which
shall include the Financing Plan, the
Operating Plan, and the Capital Plan.
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(d) Approval of any use of the
authority of the Postal Service to borrow
money under 39 U.S.C. 2005 and 39
U.S.C. 2011, except for short-term
borrowings, having maturities of one
year or less, assumed in the normal
course of business.
(e) Approval of the terms and
conditions of each series of obligations
issued by the Postal Service under 39
U.S.C. 2005 and 39 U.S.C. 2011,
including the time and manner of sale
and the underwriting arrangements,
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except for short-term borrowings,
having maturities of one year or less,
assumed in the normal course of
business.
(f) Approval of any use of the
authority of the Postal Service to require
the Secretary of the Treasury to
purchase Postal Service obligations
under 39 U.S.C. 2006(b), or to request
the Secretary of the Treasury to pledge
the full faith and credit of the
Government of the United States for the
payment of principal and interest on
Postal Service obligations under 39
U.S.C. 2006(c).
(g) Authorization of the Postal Service
to request that the Postal Regulatory
Commission submit an advisory opinion
on a proposed change in the nature of
postal services which will generally
affect service on a nationwide or
substantially nationwide basis, pursuant
to 39 U.S.C. 3661.
(h) Determination of the number of
officers, described in 39 U.S.C. 204 as
Assistant Postmasters General, whether
so denominated or not, as the Board
authorizes by resolution.
(i) Compensation and benefits of
officers the Postal Service whose
positions are included in Level II of the
Postal Career Executive Service.
(j) Approval of official statements
adopting major policy positions or
departing from established major policy
positions, and of official positions on
legislative proposals having a major
impact on the Postal Service.
(k) Approval of all major policy
positions taken with the Department of
Justice on petitioning the Supreme
Court of the United States for writs of
certiorari.
(l) Approval and transmittal to the
President and the Congress of the
Annual Report to Congress, which shall
include the annual report of the
Postmaster General under 39 U.S.C.
2402, the comprehensive statement of
the Postal Service under 39 U.S.C.
2401(e), the Postal Service’s annual
performance plan under 39 U.S.C. 2803,
and the Postal Service’s report on
program performance under 39 U.S.C.
2804.
(m) Approval and transmittal to the
President and the Congress of the Postal
Service’s strategic plan, pursuant to 39
U.S.C. 2802.
(n) All other matters that the Board
may consider appropriate to reserve for
its decision by resolution adopted by
the Board, pursuant to § 3.5.
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7. Amend § 3.4 by revising paragraphs
(e), (k), and (m) to read as follows:
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§ 3.4 Matters reserved for decision by the
Governors.
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(e) Authorization of the Postal Service
to adjust the rates and fees for market
dominant products and to seek the
Postal Regulatory Commission’s review
of the adjusted rates or fees for such
products under 39 U.S.C. 3622.
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(k) Compensation and benefits, term
of service, and appointment/removal of
the Secretary of the Board and other
necessary staff, which shall be
considered annually in closed session.
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(m) Establishment of the price of any
special postage stamp under 39 U.S.C.
414 and any semi-postal stamp under 39
U.S.C. 416 or any act of Congress.
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■ 8. Amend § 3.6 by revising paragraphs
(a) introductory text, (a)(4) and (5) and
adding paragraph (c) to read as follows:
§ 3.6 Information furnished to Board—
financial and operating reports.
(a) To enable the Board to monitor the
performance of the Postal Service
during the most recent accounting
periods for which data are available,
postal management shall furnish the
Board (on a quarterly basis) financial
and operating statements for the fiscal
year to date, addressing the following
categories:
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(4) Statement of cash flow; and
(5) Service quality measurements;
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(c) At the reasonable request of the
Board, Postal management shall furnish
to the Board such other information as
the Board deems necessary.
■ 9. Amend § 3.7 by revising paragraphs
(a)(1), (2), (3), (b), and (d) and adding
paragraphs (e) and (f) to read as follows:
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§ 3.7 Information furnished to Board—
program review.
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§ 3.8 Information furnished to Board—
special reports
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(h) At the reasonable request of the
Board, Postal management shall furnish
to the Board such other information as
the Board deems necessary.
PART 4—OFFICIALS
(a) * * *
(1) Five-year and ten-year plans,
annual operating and investment plans,
and significant departures from
estimates upon which the plans were
based;
(2) Productivity measurements
(reflecting workload and resource
utilization);
(3) The need for rate adjustments and
the outcome of significant matters
before the Postal Regulatory
Commission and related litigation; and
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(b) To enable the Board to review the
effectiveness of the Postal Service’s
equal employment opportunity
program, performance data relating to
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this program shall be furnished to the
Board at least quarterly. These data shall
be categorized in such manner as the
Board, from time to time, specifies.
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(d) Postal management shall annually
provide the Board with a summary of
the Annual Compliance Report filed
with the Postal Regulatory Commission,
which includes data on product costs.
(e) Management shall furnish to the
Board: 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 (e),
‘‘significant’’ means a project
anticipated to have a notable or
conspicuous impact on corporate
visibility or 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 or potential liability
involved.
(f) At the reasonable request of the
Board, Postal management shall furnish
to the Board such other information as
the Board deems necessary.
■ 10. Amend § 3.8 by adding paragraph
(h) to read as follows:
11. The authority citation for part 4
continues to read as follows:
■
Authority: 39 U.S.C. 202–205, 401(2), (10),
402, 1003, 3013, 3686.
12. Amend § 4.1 by revising paragraph
(a)(1) and removing paragraph (d) to
read as follows:
■
§ 4.1
Chairman.
(a) * * *
(1) Shall be elected at the Board’s
regularly scheduled annual meeting for
a term that commences on December 1
of the calendar year in which the
election occurred, or upon the death,
departure or resignation of the current
Chairman, whichever occurs first, and
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10013
expires upon the election and
installation of a successor Chairman;
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■ 13. Revise § 4.2 to read as follows:
§ 4.2
Vice Chairman.
The Vice Chairman is elected by the
Governors from among the members of
the Board and shall perform the duties
and exercise the powers of the
Chairman during the Chairman’s
absence or disability. The Vice
Chairman is elected at the Board’s
regularly scheduled annual meeting for
a term that commences on December 1
of the calendar year in which the
election occurred or upon the death,
departure or resignation of the current
Vice Chairman, whichever occurs first,
and expires upon the election and
installation of a successor Vice
Chairman. In the event of the Vice
Chairman’s death, departure or
resignation prior to the election of a
successor, the Board, as soon as
practicable, shall elect a new Vice
Chairman who shall serve a term that
commences immediately upon election
and expires upon the election and
installation of a successor Vice
Chairman.
■ 14. Revise § 4.5 to read as follows:
§ 4.5 Assistant Postmasters General,
General Counsel, Judicial Officer, Chief
Postal Inspector.
There are within the Postal Service a
General Counsel, a Judicial Officer, a
Chief Postal Inspector, and such number
of officers, described in 39 U.S.C. 204 as
Assistant Postmasters General, whether
so denominated or not, as the Board
authorizes by resolution. These officers
are appointed by, and serve at the
pleasure of, the Postmaster General. The
Chief Postal Inspector shall report to,
and be under the general supervision of,
the Postmaster General. The Postmaster
General shall promptly notify the
Governors and both Houses of Congress
in writing if he or she removes the Chief
Postal Inspector or transfers the Chief
Postal Inspector to another position or
location within the Postal Service, and
shall include in any such notification
the reasons for such removal or transfer.
The Postmaster General’s appointment
of the Judicial Officer and any other
judges in the Judicial Officer
Department must be ratified by
resolution of the Governors.
■ 15. Revise § 4.6 by revising it to read
as follows:
§ 4.6
Secretary of the Board.
The Secretary of the Board of
Governors is appointed by the
Governors and serves at the pleasure of
the Governors. The Secretary shall be
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responsible for carrying out the
functions of the Office of the Board of
Governors, under the direction of the
Chairman of the Board. The Secretary
shall also issue notices of meetings of
the Board and its committees, keep
minutes of these meetings, and take
steps necessary for compliance with all
statutes and regulations dealing with
public observation of meetings. The
Secretary shall perform all those duties
incident to this office, including those
duties assigned by the Board or by the
Chairman of the Board. With the
concurrence of the Board, the Chairman
may designate the number and general
qualifications of such assistant
secretaries or other staff as may be
necessary to perform any of the duties
of the Secretary.
PART 6—MEETINGS
Authority: 39 U.S.C. 202, 205, 401(2), (10),
1003, 3622, 3632; 5 U.S.C. 552b(e), (g).
17. Revise § 6.1 to read as follows:
§ 6.1
Regular meetings, annual meeting.
The Board shall meet regularly on a
schedule established by the Board. The
first regular meeting in November of
each calendar year is designated as the
annual meeting. Consistent with the
provisions §§ 6.6 and 7.5 of these
bylaws, the time or place of a regular or
annual meeting may be varied by
recorded vote, with the earliest
practicable notice to the Secretary. The
Secretary shall distribute to the
members an agenda setting forth the
proposed subject matter for any regular
or annual meeting in advance of the
meeting.
■ 18. Revise § 6.4 to read as follows:
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§ 6.4
Attendance.
For regularly scheduled meetings of
the Board, members are expected to
attend in person. Unless prohibited by
law or by these bylaws, however, a
member of the Board, under exceptional
circumstances, may participate in a
meeting of the Board by conference
telephone, video conference, or similar
communications equipment which
enables all persons participating in the
meeting to hear each other and which
permits full compliance with the
provisions of these bylaws concerning
public observation of meetings.
Attendance at a meeting by this method
constitutes presence at the meeting and
a member of the Board may be paid for
his or her participation provided such
meeting addresses substantive, as
opposed to procedural or
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19. Amend § 6.6 by revising the
introductory text to read as follows:
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§ 6.6
Quorum and voting.
As provided by 39 U.S.C. 205(c), and
except for matters considered through
the notation voting process described in
§ 6.7, the Board acts by resolution upon
a majority vote of those members who
attend a meeting in accordance with
§ 6.4. No proxies are allowed in any vote
of the members of the Board. Any six (6)
members constitute a quorum for the
transaction of business by the Board,
except:
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20. Amend § 6.7 by revising paragraph
(a) to read as follows:
■
§ 6.7
16. The authority citation for part 6
continues to read as follows:
■
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administrative, matters on which the
Board has decision making authority.
Notation voting.
(a) General. Notation voting consists
of the circulation of physical or
electronic written memoranda and
voting sheets to each member of the
Board simultaneously and the
tabulation of submitted responses.
Notation voting may be used only for
routine, non-controversial, or
administrative matters.
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21. Add § 6.8 to read as follows:
§ 6.8 Delegation of Authority for Continuity
of Operations.
When, by reason of death, incapacity,
or disruption of transportation and
communications, a quorum of the Board
of Governors cannot reasonably be
assembled, or when vacancies on the
Board make it impossible for a quorum
to assemble, the remaining members of
the Board who are able to assemble are
constituted a Temporary Emergency
Committee of the Board of Governors.
The Chairman or Vice Chairman of the
Board, or in their absence any available
member of the Board, may convene a
meeting of such Temporary Emergency
Committee for the consideration of such
business as may be needed to provide
for continuity of operations for the
duration of the emergency, or for the
duration of the period of time in which
vacancies on the Board prevent a
quorum from being assembled. The
powers reserved to the Board under
§ 3.3 of these bylaws necessary to
provide for continuity of operations are
delegated to the Committee, which may
exercise such powers until such time as
sufficient members of the Board are
again available to enable the Board to
convene.
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PART 7—PUBLIC OBSERVATION
22. The authority citation for part 7
continues to read as follows:
■
Authority: 39 U.S.C. 410; 5 U.S.C.
552b(a)–(m).
23. Amend § 7.6 by revising paragraph
(a) to read as follows:
■
§ 7.6 Certification and transcripts of
closed meetings.
(a) No later than the beginning of
every meeting or portion of a meeting
closed under §§ 7.3(a) through (j) of
these bylaws, the General Counsel shall
publicly certify that, in his or her
opinion, the meeting or portion of the
meeting may be closed to the public,
stating each relevant exemptive
provision. The Secretary shall retain
this certification, together with a
statement from the officer presiding at
the meeting which sets forth the time
and place of the meeting, and the
persons present.
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PART 10—RULES OF CONDUCT FOR
POSTAL SERVICE GOVERNORS
24. The authority citation for part 10
continues to read as follows:
■
Authority: 39 U.S.C. 401(2), (10).
■
25. Revise § 10.1 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 Government 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.
■ 26. Revise § 10.2 to read as follows:
§ 10.2
Advisory service.
(a) The Associate General Counsel
and Chief Ethics and Compliance
Officer 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
the Associate General Counsel or a
designated assistant.
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(c) If the Associate 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 General
Counsel, the Chairman of the Board of
Governors, or the Vice Chairman, as
appropriate.
www.regulations.gov, or please contact
the person listed in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: John
Chi, EPA Region 10, Air and Radiation
Division, 1200 Sixth Avenue—Suite
155, Seattle, WA 98101, at 206–553–
1185, or chi.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, it means
the EPA.
Michael J. Elston,
Secretary of the Board of Governors.
I. Background
On July 27, 2020, the EPA proposed
to approve the February 7, 2018 SIP
submission from Washington as meeting
certain Clean Air Act (CAA) interstate
transport requirements for the 2010
1-hour SO2 NAAQS (85 FR 45146). The
reasons for our proposed approval were
stated in the proposed rulemaking and
will not be re-stated here. The public
comment period for the proposed
rulemaking was reopened on September
22, 2020 (85 FR 59486), due to an
incorrect docket number, and closed on
October 22, 2020. We received no
comments. Therefore, we are finalizing
our rulemaking as proposed.
[FR Doc. 2021–00485 Filed 2–17–21; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2018–0062; FRL–10018–
22–Region 10]
Air Plan Approval; Washington;
Interstate Transport Requirements for
the 2010 Sulfur Dioxide National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State
Implementation Plan (SIP) revisions
submitted by Washington on February
7, 2018 as meeting certain Clean Air Act
(CAA) requirements for interstate
transport of the 2010 1-hour Sulfur
Dioxide (SO2) National Ambient Air
Quality Standards (NAAQS). The EPA
has determined that emissions from
Washington sources will not contribute
significantly to nonattainment or
interfere with the maintenance of the
2010 1-hour SO2 NAAQS in any other
state.
DATES: This final rule is effective March
22, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2018–0062. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information the
disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available at https://
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:05 Feb 17, 2021
Jkt 253001
II. Final Action
In this final action, the EPA is
approving the February 7, 2018 SIP
submission from Washington as meeting
the interstate transport requirements of
CAA section 110(a)(2)(D)(i)(I) for the
2010 1-hour SO2 NAAQS.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
10015
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of the requirements would
be inconsistent with the CAA; and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this final action does not
apply on any Indian reservation land or
in any other area where the EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
E:\FR\FM\18FER1.SGM
18FER1
Agencies
[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Rules and Regulations]
[Pages 10011-10015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00485]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Parts 2, 3, 4, 6, 7, and 10
Bylaws of the Board of Governors of the United States Postal
Service
AGENCY: Postal ServiceTM.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bylaws of the Board of Governors are being amended to
address a variety of issues. Many of the amendments are designed to
clarify, in both form and substance, existing provisions, and also to
increase their accuracy and align them to current practice. Additions
and deletions have also been made to better conform the Bylaws to
existing law.
DATES: This rule is effective as of February 18, 2021.
FOR FURTHER INFORMATION CONTACT: Michael J. Elston, Secretary of the
Board of Governors, [email protected], 202-268-4800.
SUPPLEMENTARY INFORMATION:
Background
On November 13, 2020, the Board of Governors approved the following
amendments to its Bylaws to address a
[[Page 10012]]
variety of issues. Many of the amendments are designed to clarify, in
both form and substance, existing provisions, and also to increase
their accuracy and align them to current practice. Additions and
deletions have also been made to better conform the Bylaws to existing
law. Among other things, the amendments also clarify that the Governors
are ultimately responsible for adjusting rates, and that the Postal
Regulatory Commission's role is to review those rate adjustments.
Additions have been made to expand the information to which the
Governors have regular access and to clarify that any additional
information can be requested as needed. A new section has been added to
govern situations in which there are an insufficient number of
Governors to constitute a quorum.
List of Subjects
39 CFR Part 2
General and Technical Provisions.
39 CFR Part 3
Board of Governors.
39 CFR Part 4
Officials.
39 CFR Part 6
Meetings.
39 CFR Part 7
Public Observation.
39 CFR Part 10
Rules of Conduct for Postal Service Governors.
For the reasons stated in the preamble, the Postal Service amends
39 CFR chapter I as follows:
PART 2--GENERAL AND TECHNICAL PROVISIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 39 U.S.C. 202, 203, 205(c), 207, 401(2); 5 U.S.C.
552b(f), (g).
0
2. Revise Sec. 2.1 to read as follows:
Sec. 2.1 Office of the Board of Governors.
There shall be located in Washington, DC, an Office of the Board of
Governors of the United States Postal Service. It shall be the function
of this Office, led by the Secretary of the Board, to provide staff
support for the Board, as directed by the Chairman of the Board, to
enable the Board to carry out effectively its duties and
responsibilities.
0
3. Revise Sec. 2.6 to read as follows:
Sec. 2.6 Severability, amendment, repeal, and waiver of bylaws.
The invalidity of any provision of these bylaws does not affect the
validity of the remaining provisions, and for this purpose these bylaws
are severable. The Board may amend or repeal these bylaws at any
special or regular meeting, provided that each member of the Board has
received a written notice containing a statement of the proposed
amendment or repeal at least five (5) business days before the meeting.
The members of the Board may waive the five (5) business days' notice
or the operation of any other provision of these bylaws by unanimous
consent, if that action is not prohibited by law. The Secretary shall
submit the text of any amendment to these bylaws for publication in the
Federal Register as soon as practicable after the amendment is adopted
by the Board.
PART 3--BOARD OF GOVERNORS
0
4. The authority citation for part 3 continues to read as follows:
Authority: 39 U.S.C. 202, 203, 205, 401(2), (10), 402, 404(b),
414, 416, 1003, 2005, 2011, 2802-2804, 3013, 3622, 3632, 3642, 3652,
3654, 3691; 5 U.S.C. 552b(g), (j); 5 U.S.C. App.; Pub. L. 107-67,
115 Stat. 514 (2001).
0
5. Revise Sec. 3.2 to read as follows:
Sec. 3.2 Compensation of Board.
Section 202(a)(1) of title 39 provides for the compensation of the
Governors and for reimbursement for travel and reasonable expenses
incurred in attending meetings of the Board and its Committees.
Compensation is provided for not more than 42 days of meetings per
year.
0
6. Amend Sec. 3.3 by revising paragraphs (b), and (d) through (n) to
read as follows:
Sec. 3.3 Matters reserved for decision by the Board.
* * * * *
(b) Approval of the annual Postal Service Integrated Financial
Plan, which shall include the Financing Plan, the Operating Plan, and
the Capital Plan.
* * * * *
(d) Approval of any use of the authority of the Postal Service to
borrow money under 39 U.S.C. 2005 and 39 U.S.C. 2011, except for short-
term borrowings, having maturities of one year or less, assumed in the
normal course of business.
(e) Approval of the terms and conditions of each series of
obligations issued by the Postal Service under 39 U.S.C. 2005 and 39
U.S.C. 2011, including the time and manner of sale and the underwriting
arrangements, except for short-term borrowings, having maturities of
one year or less, assumed in the normal course of business.
(f) Approval of any use of the authority of the Postal Service to
require the Secretary of the Treasury to purchase Postal Service
obligations under 39 U.S.C. 2006(b), or to request the Secretary of the
Treasury to pledge the full faith and credit of the Government of the
United States for the payment of principal and interest on Postal
Service obligations under 39 U.S.C. 2006(c).
(g) Authorization of the Postal Service to request that the Postal
Regulatory Commission submit an advisory opinion on a proposed change
in the nature of postal services which will generally affect service on
a nationwide or substantially nationwide basis, pursuant to 39 U.S.C.
3661.
(h) Determination of the number of officers, described in 39 U.S.C.
204 as Assistant Postmasters General, whether so denominated or not, as
the Board authorizes by resolution.
(i) Compensation and benefits of officers the Postal Service whose
positions are included in Level II of the Postal Career Executive
Service.
(j) Approval of official statements adopting major policy positions
or departing from established major policy positions, and of official
positions on legislative proposals having a major impact on the Postal
Service.
(k) Approval of all major policy positions taken with the
Department of Justice on petitioning the Supreme Court of the United
States for writs of certiorari.
(l) Approval and transmittal to the President and the Congress of
the Annual Report to Congress, which shall include the annual report of
the Postmaster General under 39 U.S.C. 2402, the comprehensive
statement of the Postal Service under 39 U.S.C. 2401(e), the Postal
Service's annual performance plan under 39 U.S.C. 2803, and the Postal
Service's report on program performance under 39 U.S.C. 2804.
(m) Approval and transmittal to the President and the Congress of
the Postal Service's strategic plan, pursuant to 39 U.S.C. 2802.
(n) All other matters that the Board may consider appropriate to
reserve for its decision by resolution adopted by the Board, pursuant
to Sec. 3.5.
* * * * *
0
7. Amend Sec. 3.4 by revising paragraphs (e), (k), and (m) to read as
follows:
[[Page 10013]]
Sec. 3.4 Matters reserved for decision by the Governors.
* * * * *
(e) Authorization of the Postal Service to adjust the rates and
fees for market dominant products and to seek the Postal Regulatory
Commission's review of the adjusted rates or fees for such products
under 39 U.S.C. 3622.
* * * * *
(k) Compensation and benefits, term of service, and appointment/
removal of the Secretary of the Board and other necessary staff, which
shall be considered annually in closed session.
* * * * *
(m) Establishment of the price of any special postage stamp under
39 U.S.C. 414 and any semi-postal stamp under 39 U.S.C. 416 or any act
of Congress.
* * * * *
0
8. Amend Sec. 3.6 by revising paragraphs (a) introductory text, (a)(4)
and (5) and adding paragraph (c) to read as follows:
Sec. 3.6 Information furnished to Board--financial and operating
reports.
(a) To enable the Board to monitor the performance of the Postal
Service during the most recent accounting periods for which data are
available, postal management shall furnish the Board (on a quarterly
basis) financial and operating statements for the fiscal year to date,
addressing the following categories:
* * * * *
(4) Statement of cash flow; and
(5) Service quality measurements;
* * * * *
(c) At the reasonable request of the Board, Postal management shall
furnish to the Board such other information as the Board deems
necessary.
0
9. Amend Sec. 3.7 by revising paragraphs (a)(1), (2), (3), (b), and
(d) and adding paragraphs (e) and (f) to read as follows:
Sec. 3.7 Information furnished to Board--program review.
(a) * * *
(1) Five-year and ten-year plans, annual operating and investment
plans, and significant departures from estimates upon which the plans
were based;
(2) Productivity measurements (reflecting workload and resource
utilization);
(3) The need for rate adjustments and the outcome of significant
matters before the Postal Regulatory Commission and related litigation;
and
* * * * *
(b) To enable the Board to review the effectiveness of the Postal
Service's equal employment opportunity program, performance data
relating to this program shall be furnished to the Board at least
quarterly. These data shall be categorized in such manner as the Board,
from time to time, specifies.
* * * * *
(d) Postal management shall annually provide the Board with a
summary of the Annual Compliance Report filed with the Postal
Regulatory Commission, which includes data on product costs.
(e) Management shall furnish to the Board: 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 (e), ``significant'' means a project anticipated to have a
notable or conspicuous impact on corporate visibility or 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 or
potential liability involved.
(f) At the reasonable request of the Board, Postal management shall
furnish to the Board such other information as the Board deems
necessary.
0
10. Amend Sec. 3.8 by adding paragraph (h) to read as follows:
Sec. 3.8 Information furnished to Board--special reports
* * * * *
(h) At the reasonable request of the Board, Postal management shall
furnish to the Board such other information as the Board deems
necessary.
PART 4--OFFICIALS
0
11. The authority citation for part 4 continues to read as follows:
Authority: 39 U.S.C. 202-205, 401(2), (10), 402, 1003, 3013,
3686.
0
12. Amend Sec. 4.1 by revising paragraph (a)(1) and removing paragraph
(d) to read as follows:
Sec. 4.1 Chairman.
(a) * * *
(1) Shall be elected at the Board's regularly scheduled annual
meeting for a term that commences on December 1 of the calendar year in
which the election occurred, or upon the death, departure or
resignation of the current Chairman, whichever occurs first, and
expires upon the election and installation of a successor Chairman;
* * * * *
0
13. Revise Sec. 4.2 to read as follows:
Sec. 4.2 Vice Chairman.
The Vice Chairman is elected by the Governors from among the
members of the Board and shall perform the duties and exercise the
powers of the Chairman during the Chairman's absence or disability. The
Vice Chairman is elected at the Board's regularly scheduled annual
meeting for a term that commences on December 1 of the calendar year in
which the election occurred or upon the death, departure or resignation
of the current Vice Chairman, whichever occurs first, and expires upon
the election and installation of a successor Vice Chairman. In the
event of the Vice Chairman's death, departure or resignation prior to
the election of a successor, the Board, as soon as practicable, shall
elect a new Vice Chairman who shall serve a term that commences
immediately upon election and expires upon the election and
installation of a successor Vice Chairman.
0
14. Revise Sec. 4.5 to read as follows:
Sec. 4.5 Assistant Postmasters General, General Counsel, Judicial
Officer, Chief Postal Inspector.
There are within the Postal Service a General Counsel, a Judicial
Officer, a Chief Postal Inspector, and such number of officers,
described in 39 U.S.C. 204 as Assistant Postmasters General, whether so
denominated or not, as the Board authorizes by resolution. These
officers are appointed by, and serve at the pleasure of, the Postmaster
General. The Chief Postal Inspector shall report to, and be under the
general supervision of, the Postmaster General. The Postmaster General
shall promptly notify the Governors and both Houses of Congress in
writing if he or she removes the Chief Postal Inspector or transfers
the Chief Postal Inspector to another position or location within the
Postal Service, and shall include in any such notification the reasons
for such removal or transfer. The Postmaster General's appointment of
the Judicial Officer and any other judges in the Judicial Officer
Department must be ratified by resolution of the Governors.
0
15. Revise Sec. 4.6 by revising it to read as follows:
Sec. 4.6 Secretary of the Board.
The Secretary of the Board of Governors is appointed by the
Governors and serves at the pleasure of the Governors. The Secretary
shall be
[[Page 10014]]
responsible for carrying out the functions of the Office of the Board
of Governors, under the direction of the Chairman of the Board. The
Secretary shall also issue notices of meetings of the Board and its
committees, keep minutes of these meetings, and take steps necessary
for compliance with all statutes and regulations dealing with public
observation of meetings. The Secretary shall perform all those duties
incident to this office, including those duties assigned by the Board
or by the Chairman of the Board. With the concurrence of the Board, the
Chairman may designate the number and general qualifications of such
assistant secretaries or other staff as may be necessary to perform any
of the duties of the Secretary.
PART 6--MEETINGS
0
16. The authority citation for part 6 continues to read as follows:
Authority: 39 U.S.C. 202, 205, 401(2), (10), 1003, 3622, 3632;
5 U.S.C. 552b(e), (g).
0
17. Revise Sec. 6.1 to read as follows:
Sec. 6.1 Regular meetings, annual meeting.
The Board shall meet regularly on a schedule established by the
Board. The first regular meeting in November of each calendar year is
designated as the annual meeting. Consistent with the provisions
Sec. Sec. 6.6 and 7.5 of these bylaws, the time or place of a regular
or annual meeting may be varied by recorded vote, with the earliest
practicable notice to the Secretary. The Secretary shall distribute to
the members an agenda setting forth the proposed subject matter for any
regular or annual meeting in advance of the meeting.
0
18. Revise Sec. 6.4 to read as follows:
Sec. 6.4 Attendance.
For regularly scheduled meetings of the Board, members are expected
to attend in person. Unless prohibited by law or by these bylaws,
however, a member of the Board, under exceptional circumstances, may
participate in a meeting of the Board by conference telephone, video
conference, or similar communications equipment which enables all
persons participating in the meeting to hear each other and which
permits full compliance with the provisions of these bylaws concerning
public observation of meetings. Attendance at a meeting by this method
constitutes presence at the meeting and a member of the Board may be
paid for his or her participation provided such meeting addresses
substantive, as opposed to procedural or administrative, matters on
which the Board has decision making authority.
0
19. Amend Sec. 6.6 by revising the introductory text to read as
follows:
Sec. 6.6 Quorum and voting.
As provided by 39 U.S.C. 205(c), and except for matters considered
through the notation voting process described in Sec. 6.7, the Board
acts by resolution upon a majority vote of those members who attend a
meeting in accordance with Sec. 6.4. No proxies are allowed in any
vote of the members of the Board. Any six (6) members constitute a
quorum for the transaction of business by the Board, except:
* * * * *
0
20. Amend Sec. 6.7 by revising paragraph (a) to read as follows:
Sec. 6.7 Notation voting.
(a) General. Notation voting consists of the circulation of
physical or electronic written memoranda and voting sheets to each
member of the Board simultaneously and the tabulation of submitted
responses. Notation voting may be used only for routine, non-
controversial, or administrative matters.
* * * * *
0
21. Add Sec. 6.8 to read as follows:
Sec. 6.8 Delegation of Authority for Continuity of Operations.
When, by reason of death, incapacity, or disruption of
transportation and communications, a quorum of the Board of Governors
cannot reasonably be assembled, or when vacancies on the Board make it
impossible for a quorum to assemble, the remaining members of the Board
who are able to assemble are constituted a Temporary Emergency
Committee of the Board of Governors. The Chairman or Vice Chairman of
the Board, or in their absence any available member of the Board, may
convene a meeting of such Temporary Emergency Committee for the
consideration of such business as may be needed to provide for
continuity of operations for the duration of the emergency, or for the
duration of the period of time in which vacancies on the Board prevent
a quorum from being assembled. The powers reserved to the Board under
Sec. 3.3 of these bylaws necessary to provide for continuity of
operations are delegated to the Committee, which may exercise such
powers until such time as sufficient members of the Board are again
available to enable the Board to convene.
PART 7--PUBLIC OBSERVATION
0
22. The authority citation for part 7 continues to read as follows:
Authority: 39 U.S.C. 410; 5 U.S.C. 552b(a)-(m).
0
23. Amend Sec. 7.6 by revising paragraph (a) to read as follows:
Sec. 7.6 Certification and transcripts of closed meetings.
(a) No later than the beginning of every meeting or portion of a
meeting closed under Sec. Sec. 7.3(a) through (j) of these bylaws, the
General Counsel shall publicly certify that, in his or her opinion, the
meeting or portion of the meeting may be closed to the public, stating
each relevant exemptive provision. The Secretary shall retain this
certification, together with a statement from the officer presiding at
the meeting which sets forth the time and place of the meeting, and the
persons present.
* * * * *
PART 10--RULES OF CONDUCT FOR POSTAL SERVICE GOVERNORS
0
24. The authority citation for part 10 continues to read as follows:
Authority: 39 U.S.C. 401(2), (10).
0
25. Revise Sec. 10.1 to read as follows:
Sec. 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 Government
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.
0
26. Revise Sec. 10.2 to read as follows:
Sec. 10.2 Advisory service.
(a) The Associate General Counsel and Chief Ethics and Compliance
Officer 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
the Associate General Counsel or a designated assistant.
[[Page 10015]]
(c) If the Associate 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 General Counsel, the Chairman of the Board
of Governors, or the Vice Chairman, as appropriate.
Michael J. Elston,
Secretary of the Board of Governors.
[FR Doc. 2021-00485 Filed 2-17-21; 8:45 am]
BILLING CODE 7710-12-P