[Title 39 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2007 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
39
Revised as of July 1, 2007
Postal Service
________________________
Containing a codification of documents of general
applicability and future effect
As of July 1, 2007
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
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Table of Contents
Page
Explanation................................................. v
Title 39:
Chapter I--United States Postal Service 3
Chapter III--Postal Regulatory Commission 329
Finding Aids:
Material Approved for Incorporation by Reference........ 475
Table of CFR Titles and Chapters........................ 477
Alphabetical List of Agencies Appearing in the CFR...... 495
List of CFR Sections Affected........................... 505
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 39 CFR 1.1 refers to
title 39, part 1, section
1.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
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parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
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collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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[[Page vii]]
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Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 2007.
[[Page ix]]
THIS TITLE
Title 39--Postal Service is composed of one volume. The contents of
this volume represent all current regulations codified under this title
of the CFR as of July 1, 2006.
For Chapter I--United States Postal Service, the ``Domestic Mail
Manual'', the ``Postal Service Publication 42, International Mail'' and
the ``Postal Contracting Manual, U.S. Postal Service Publication 41''
are incorporated by reference. For Federal Register documentation, see
the Material Approved for Incorporation by Reference in the Finding Aids
section of this volume.
For this volume, Jonn V. Lilyea was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Ann Worley.
[[Page 1]]
TITLE 39--POSTAL SERVICE
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Part
chapter i--United States Postal Service..................... 1
chapter iii--Postal Rate Commission......................... 3000
[[Page 3]]
CHAPTER I--UNITED STATES POSTAL SERVICE
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SUBCHAPTER A--THE BOARD OF GOVERNORS OF THE U.S. POSTAL SERVICE
BYLAWS OF THE BOARD OF GOVERNORS
Part Page
1 Postal policy [Article I]................... 7
2 General and technical provisions [Article
II]..................................... 7
3 Board of Governors [Article III]............ 8
4 Officers [Article IV]....................... 12
5 Committees [Article V]...................... 13
6 Meetings [Article VI]....................... 14
7 Public observation [Article VII]............ 15
8
[Reserved]
9 Policy on communications with Governors of
the Postal Service during pendency of
rate and classification proceedings
[Appendix].............................. 19
10 Rules of conduct for Postal Service
Governors [Appendix].................... 20
11 Advisory boards [Article XI]................ 21
SUBCHAPTER B--INTERNATIONAL MAIL
20 International Postal Service................ 23
SUBCHAPTER C--POST OFFICE SERVICES [DOMESTIC MAIL]
GENERAL INFORMATION ON POSTAL SERVICE
111 General information on Postal Service....... 25
SUBCHAPTER D--ORGANIZATION AND ADMINISTRATION
211 Application of regulations.................. 28
221 General organization........................ 29
222 Delegations of authority.................... 32
223 Relationships and communication channels.... 33
INSPECTION SERVICE REQUIREMENTS
230 Office of Inspector General................. 34
231 Protection of post offices.................. 40
232 Conduct on postal property.................. 41
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233 Inspection Service authority................ 45
235 Defense Department liaison.................. 68
POST OFFICE ORGANIZATION AND ADMINISTRATION
241 Establishment classification, and
discontinuance.......................... 69
242 Change of site.............................. 78
243 Conduct of offices.......................... 78
GENERAL POSTAL ADMINISTRATION
254 Postal Service Standards for facility
accessibility pursuant to the
Architectural Barriers Act.............. 79
255 Access of persons with disabilities to
postal service programs, activities,
facilities, and electronic and
information technology.................. 81
259 Services performed for other agencies....... 85
RECORDS AND INFORMATION
261 Records and information management.......... 87
262 Records and information management
definitions............................. 88
263 Records retention and disposition........... 91
264 Vital records............................... 91
265 Release of information...................... 92
266 Privacy of information...................... 119
267 Protection of information................... 130
268 Privacy of information--employee rules of
conduct................................. 133
273 Administration of Program Fraud Civil
Remedies Act............................ 134
DAMAGE TO OR DESTRUCTION OF FIRM MAILINGS
281 Firm mailings damaged or destroyed through
transportation accidents or catastrophes 139
SUBCHAPTER E--RESTRICTIONS ON PRIVATE CARRIAGE OF LETTERS
310 Enforcement of the private express statutes. 140
320 Suspension of the private express statutes.. 144
SUBCHAPTER F--PERSONNEL
447 Rules of conduct for postal employees....... 152
491 Garnishment of salaries of employees of the
Postal Service and the Postal Rate
Commission.............................. 156
SUBCHAPTER G--POSTAGE PROGRAMS
501 Authorization to Manufacture and Distribute
Postage Meters.......................... 160
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551 Semipostal stamp program.................... 173
SUBCHAPTER H--PROCUREMENT SYSTEM FOR THE U.S. POSTAL SERVICE:
INTELLECTUAL PROPERTY RIGHTS OTHER THAN PATENTS
601 Purchasing of property and services......... 178
602 Intellectual property rights other than
patents................................. 187
SUBCHAPTER I [RESERVED]
SUBCHAPTER J--POSTAL SERVICE DEBT OBLIGATIONS; DISBURSEMENT POSTAL MONEY
ORDERS
760 Applicability of Treasury Department
regulations............................. 189
761 Book-entry procedures....................... 189
762 Disbursement postal money orders............ 192
SUBCHAPTER K--ENVIRONMENTAL REGULATIONS
775 National Environmental Policy Act procedures 197
776 Floodplain and wetland procedures........... 207
SUBCHAPTER L--SPECIAL REGULATIONS
777 Relocation assistance and real property
acquisition policies.................... 212
778 Intergovernmental review of Postal Service
facility actions........................ 231
SUBCHAPTER M [RESERVED]
SUBCHAPTER N--PROCEDURES
RULES OF PROCEDURE BEFORE THE OFFICE OF GENERAL COUNSEL
912 Procedures to adjudicate claims for personal
injury or property damage arising out of
the operation of the U.S. Postal Service 235
913 Procedures for the issuance of
administrative subpoenas under 39 U.S.C.
3016.................................... 238
916
[Reserved]
RULES OF PROCEDURE BEFORE THE MAIL PROCESSING DEPARTMENT
927 Rules of procedure relating to fines,
deductions, and damages................. 240
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931 Rules of procedure governing the compromise
of obligations.......................... 241
RULES OF PROCEDURE BEFORE THE POSTAL INSPECTION SERVICE
946 Rules of procedure relating to the
disposition of stolen mail matter and
property acquired by the postal
inspection service for use as evidence.. 246
RULES OF PROCEDURE BEFORE THE JUDICIAL OFFICER
951 Procedure governing the eligibility of
persons to practice before the Postal
Service................................. 244
952 Rules of practice in proceedings relative to
false representation and lottery orders. 246
953 Rules of practice in proceedings relative to
mailability............................. 257
954 Rules of practice in proceedings relative to
the denial, suspension, or revocation of
periodicals mail privileges............. 260
955 Rules of practice before the Board of
Contract Appeals........................ 265
956 Rules of practice in proceedings relative to
disciplinary action for violation of
restrictions on post-employment activity 276
957 Rules of practice in proceedings relative to
debarment and suspension from
contracting............................. 282
958
[Reserved]
959 Rules of practice in proceedings relative to
the private express statutes............ 289
960 Rules relative to implementation of the
Equal Access to Justice Act in Postal
Service proceedings..................... 296
961 Rules of practice in proceedings relative to
employee hearing petitions under section
5 of the Debt Collection Act............ 303
962 Rules of practice in proceedings relative to
the Program Fraud Civil Remedies Act.... 306
963 Rules of practice in proceedings relative to
violations of the pandering
advertisements statute, 39 U.S.C. 3008.. 314
964 Rules of practice governing disposition of
mail withheld from delivery pursuant to
39 U.S.C. 3003, 3004.................... 318
965 Rules of practice in proceedings relative to
mail disputes........................... 323
966 Rules of practice in proceedings relative to
administrative offsets initiated against
former employees of the Postal Service.. 324
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SUBCHAPTER A_THE BOARD OF GOVERNORS OF THE U.S. POSTAL SERVICE
Bylaws of the Board of Governors--Table of Contents
PART 1_POSTAL POLICY (ARTICLE I)--Table of Contents
Sec.
1.1 Establishment of the U.S. Postal Service.
1.2 Delegation of authority.
Authority: 39 U.S.C. 101, 202, 205, 401(2), 402, 403, 3621, as
enacted by Public Law 91-375.
Source: 59 FR 18447, Apr. 18, 1994, unless otherwise noted.
Sec. 1.1 Establishment of the U.S. Postal Service.
The U.S. Postal Service is established under the provisions of the
Postal Reorganization Act (the Reorganization Act) of August 12, 1970,
Public Law 91-375, 84 Stat. 719, as an independent establishment of the
executive branch of the Government of the United States, under the
direction of a Board of Governors, with the Postmaster General as its
chief executive officer. The Board of Governors of the Postal Service
(the Board) directs the exercise of its powers through management that
is expected to be honest, efficient, economical, and mindful of the
competitive business environment in which the Postal Service operates.
The Board consists of nine Governors appointed by the President, by and
with the advice and consent of the Senate, to represent the public
interest generally, together with the Postmaster General and Deputy
Postmaster General.
Sec. 1.2 Delegation of authority.
Except for powers, duties, or obligations specifically vested in the
Governors by law, the Board may delegate its authority to the Postmaster
General under such terms, conditions, and limitations, including the
power of redelegation, as it finds desirable. The bylaws of the Board
are the framework of the system through which the Board monitors the
exercise of the authority it has delegated, measures progress toward the
goals it has set, and shapes the policies to guide the future
development of the Postal Service. Delegations of authority do not
relieve the Board of full responsibility for carrying out its duties and
functions, and are revocable by the Governors in their exclusive
judgment.
PART 2_GENERAL AND TECHNICAL PROVISIONS (ARTICLE II)--Table of Contents
Sec.
2.1 Office of the Board of Governors.
2.2 Agent for receipt of process.
2.3 Offices.
2.4 Seal.
2.5 Authority.
2.6 Severability, amendment, repeal, and waiver of bylaws.
Authority: 39 U.S.C. 202, 203, 205(c), 207, 401(2), as enacted by
Pub. L. 91-375, and 5 U.S.C. 552b(f), (g), as enacted by Pub. L. 94-409.
Source: 59 FR 18447, Apr. 18, 1994, unless otherwise noted.
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 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 under the Reorganization Act.
Sec. 2.2 Agent for receipt of process.
The General Counsel of the Postal Service shall act as agent for the
receipt of legal process against the Postal Service, and as agent for
the receipt of legal process against the Board of Governors or a member
of the Board, in his or her official capacity, and all other officers
and employees of the Postal Service to the extent that the process
arises out of the official functions of those officers and employees.
The General Counsel shall also issue public certifications concerning
closed meetings of the Board as appropriate under 5 U.S.C. 552b(f).
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Sec. 2.3 Offices.
The principal office of the Postal Service is located in Washington,
DC, with such regional and other offices and places of business as the
Postmaster General establishes from time to time, or the business of the
Postal Service requires.
Sec. 2.4 Seal.
(a) The Seal of the Postal Service is filed by the Board in the
Office of the Secretary of State, and is required by 39 U.S.C. 207 to be
judicially noticed. The Seal shall be in the custody of the General
Counsel, who shall affix it to all commissions of officers of the Postal
Service, and use it to authenticate records of the Postal Service and
for other official purposes. The following describes the Seal adopted
for the Postal Service:
(1) A stylized bald eagle is poised for flight, facing to the
viewer's right, above two horizontal bars between which are the words
``U.S. MAIL'', surrounded by a square border with rounded corners
consisting of the words ``UNITED STATES POSTAL SERVICE'' on the left,
top, and right, and consisting of nine five-pointed stars on the base.
(2) The color representation of the Seal shows, a white field on
which the bald eagle appears in dark blue, the words ``U.S. MAIL'' in
black, the bar above the words in red, the bar below in blue, and the
entire border consisting of the words ``UNITED STATES POSTAL SERVICE''
and stars in ochre.
[GRAPHIC] [TIFF OMITTED] TR18AP94.000
(b) The location and description of the Postal Service emblem is
described at 39 CFR 221.9.
Sec. 2.5 Authority.
These bylaws are adopted by the Board under the authority conferred
upon the Postal Service by 39 U.S.C. 401(2) and 5 U.S.C. 552b(g).
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 5 days before the meeting. The members of the Board may
waive the 5 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 (ARTICLE III)--Table of Contents
Sec.
3.1 Responsibilities of Board.
3.2 Compensation of Board.
[[Page 9]]
3.3 Matters reserved for decision by the Board.
3.4 Matters reserved for decision by the Governors.
3.5 Delegation of authority by Board.
3.6 Information furnished to Board--financial and operating reports.
3.7 Information furnished to Board--program review.
3.8 Information furnished to Board--special reports.
Authority: 39 U.S.C. 202, 203, 205, 401 (2), (10), 402, 414, 416,
1003, 2802-2804, 3013; 5 U.S.C. 552b (g), (j); Inspector General Act, 5
U.S.C. app.; Pub. L. 107-67, 115 Stat. 514 (2001).
Source: 59 FR 18448, Apr. 18, 1994, unless otherwise noted.
Sec. 3.1 Responsibilities of Board.
The composition of the Board is described in 39 U.S.C. 202. The
Board directs the exercise of the powers of the Postal Service, reviews
the practices and policies of the Postal Service, and directs and
controls the expenditures of the Postal Service. Consistent with the
broad delegation of authority to the Postmaster General in Sec. 3.5 of
these bylaws, and except for those powers, duties, or obligations which
the Reorganization Act specifically vests in the Governors, as
distinguished from the Board of Governors, the Board accomplishes its
purposes by monitoring the operations and performance of the Postal
Service, and by establishing basic objectives, broad policies, and long-
range goals for the Postal Service.
Sec. 3.2 Compensation of Board.
Section 202(a) of title 39 provides for the compensation of the
Governors and for reimbursement for travel and reasonable expenses
incurred in attending Board meetings. Compensation is provided for not
more than 42 days of meetings per year.
Sec. 3.3 Matters reserved for decision by the Board.
The following matters are reserved for decision by the Board of
Governors:
(a) [Reserved]
(b) Adoption of, and amendments to, the bylaws of the Board.
(c) (1) Approval of the annual Postal Service budget program in both
tentative and final form, including requests for appropriations;
(2) Approval of the annual Postal Service operating budget.
(d) Approval of the annual financial statements of the Postal
Service following receipt of the annual report of the Postal Service's
independent, certified public accounting firm.
(e) Approval of the Postal Service Five-Year Capital Investment
Plans, including specific approval of each capital investment project,
each new lease/rental agreement, and each research and development
project exceeding such amount specified by resolution at the annual
Board meeting in January. In the case of any project or agreement
subject to the requirement of Board approval under this provision, the
expenditure of any funds in excess of the amount previously authorized
by the Board must be specifically approved by the Board. For the purpose
of determining the cost of a capital investment project, lease/rental
agreement, or research and development project,
(1) All such projects and agreements undertaken as part of a unitary
plan (either for contemporaneous or sequential development in one of
several locations) shall be considered one project or agreement, and
(2) The cost of a lease/rental agreement shall be the present value
of all lease payments over the term of the lease, including all periods
covered by renewal options or all periods for which failure to renew
imposes a penalty or a hardship such that renewal appears to be
reasonably assured, plus the cost of any leasehold improvements planned
in connection with the lease/rental agreement. The present value will be
determined using the cost of capital of the Postal Service.
(3) The cost of a developmental real estate project shall be the sum
of:
(i) The as-is value of the postal assets contributed to the project;
(ii) Cash contributed by the Postal Service; and
(iii) Debt that impacts the Postal Service's investment.
(f) Authorization of the Postal Service to request the Postal Rate
Commission to submit a recommended decision on changes in postal rates,
except that the Postmaster General may authorize
[[Page 10]]
such requests with respect to Negotiated Service Agreements filed for
consideration under 39 CFR 3001.196 or 3001.197.
(g) Authorization of the Postal Service to request the Postal Rate
Commission to submit a recommended decision on changes in the mail
classification schedule, except that the Postmaster General may
authorize such requests with respect to Negotiated Service Agreements
filed for consideration under 39 CFR 3001.196 or 3001.197.
(h) Determination of an effective date for changes in postal rates
or mail classification.
(i) Authorization of the Postal Service to request the Postal Rate
Commission to 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.
(j) Approval of any use of the authority of the Postal Service to
borrow money under 39 U.S.C. 2005, except for short-term borrowings,
having maturities of one year or less, assumed in the normal course of
business.
(k) Approval of the terms and conditions of each series of
obligations issued by the Postal Service under 39 U.S.C. 2005, 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.
(l) 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).
(m) 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.
(n) Compensation of officers of the Postal Service whose positions
are included in Level II of the Postal Career Executive Service.
(o) [Reserved]
(p) 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.
(q) 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.
(r) Approval and transmittal to the President and the Congress of
the annual report of the Postmaster General under 39 U.S.C. 2402.
(s) Approval and transmittal to the Congress of the annual report of
the Board under 5 U.S.C. 552b(j).
(t) Approval of the annual comprehensive statement of the Postal
Service to Congress under 39 U.S.C. 2401(g).
(u) Approval and transmittal to the Congress of the semi-annual
report of the Postmaster General under 39 U.S.C. 3013, summarizing the
investigative activities of the Postal Service.
(v) Approval and transmittal to the President and the Congress of
the Postal Service's strategic plan pursuant to the Government
Performance and Results Act of 1993, 39 U.S.C. 2802; approval of the
Postal Service annual performance plan under 39 U.S.C. 2803 and the
Postal Service program performance report under 39 U.S.C. 2804, which
are included in the comprehensive statement under 39 U.S.C. 2401.
(w) All other matters that the Board may consider appropriate to
reserve for its decision.
[59 FR 18448, Apr. 18, 1994, as amended at 62 FR 41853, Aug. 4, 1997; 62
FR 43642, Aug. 15, 1997; 69 FR 42340, July 15, 2004; 69 FR 58057, Sept.
29, 2004; 71 FR 64647, Nov. 3, 2006]
Sec. 3.4 Matters reserved for decision by the Governors.
The following matters are reserved for decision by the Governors:
(a) Appointment, pay, term of service, and removal of the Postmaster
General, 39 U.S.C. 202(c).
(b) Appointment, term of service, and removal of the Deputy
Postmaster General (by the Governors and the Postmaster General, 39
U.S.C. 202(d)); pay of the Deputy Postmaster General, 39 U.S.C. 202(d).
[[Page 11]]
(c) Election of the Chairman and Vice Chairman of the Board of
Governors, 39 U.S.C. 202(a).
(d) Approval of the budget of the Postal Rate Commission, or
adjustment of the total amount of the budget (by unanimous written vote
of the Governors in office, 39 U.S.C. 3604(d)).
(e) Action upon a recommended decision of the Postal Rate
Commission, including action to approve, allow under protest, reject, or
modify that decision, 39 U.S.C. 3625.
(f) Concurrence of the Governors with the Postmaster General in the
removal or transfer of the Chief Postal Inspector under 5 U.S.C. App.
8E(f).
(g) The Governors shall meet annually in closed session to discuss
compensation, term of service, and appointment/removal of the Secretary
and other necessary staff.
(h) Transmittal to the Congress of the semi-annual report of the
Inspector General under section 5 of the Inspector General Act.
(i) Establishment of the price of the breast cancer research
semipostal stamp under 39 U.S.C. 414.
(j) Establishment of the price of semipostal stamps under 39 U.S.C.
416.
(k) Selection of an independent, certified public accounting firm to
certify the accuracy of Postal Service financial statements as required
by 39 U.S.C. 2008(e).
[59 FR 18448, Apr. 18, 1994, as amended at 62 FR 41853, Aug. 4, 1997; 63
FR 28485, May 26, 1998; 67 FR 2135, Jan. 16, 2002; 69 FR 42340, July 15,
2004; 69 FR 58057, Sept. 29, 2004]
Sec. 3.5 Delegation of authority by Board.
As authorized by 39 U.S.C. 402, these bylaws delegate to the
Postmaster General the authority to exercise the powers of the Postal
Service to the extent that this delegation of authority does not
conflict with powers reserved to the Governors or to the Board by law,
these bylaws, or resolutions adopted by the Board. Any of the powers
delegated to the Postmaster General by these bylaws may be redelegated
by the Postmaster General to any officer, employee, or agency of the
Postal Service.
Sec. 3.6 Information furnished to Board--financial and operating
reports.
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 monthly basis) financial
and operating statements for the fiscal year to date, addressing the
following categories: (a) Mail volume by class; (b) income and expense
by principal categories; (c) balance sheet information; (d) service
quality measurements; (e) productivity measurements (reflecting workload
and resource utilization); and (f) changes in postal costs. These
statements shall include, where applicable, comparable figures for the
previous year and the current year's plan.
Sec. 3.7 Information furnished to Board--program review.
(a) To enable the Board to review the Postal Service operating
program, postal management shall furnish the Board information on all
aspects of the Postal Service budget plan, including:
(1) The tentative and final annual budgets submitted to the Office
of Management and Budget and the Congress, and amendments to the budget;
(2) Five-year plans, annual operating and investment plans, and
significant departures from estimates upon which the plans were based;
(3) The need for rate increases or decreases and the progress of any
pending rate cases and related litigation; and
(4) Debt financing needs, including a review of all borrowings of
the Postal Service from the U.S. Treasury and private sources.
(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. This data shall be categorized in such manner as the Board,
from time to time, specifies.
(c) Postal management shall also regularly furnish the Board
information regarding major programs for improving postal service or
reducing the cost of postal operations.
(d) Management shall furnish to the Board:
[[Page 12]]
(1) Information regarding any significant, new program, policy,
major modification or initiative; any plan to offer a significant, new
or unique product or system implementation; or any significant, new
project not related directly to the core business function of the Postal
Service. This information shall be provided to the Board in advance of
entering into any agreement in furtherance of such project. For the
purposes of this paragraph, ``significant'' means a project anticipated
to have a notable or conspicuous impact on (i) corporate visibility or
(ii) the operating budget (including increases in expense amounts) or
the capital investment budget. The notification requirement of this
paragraph governs applicable projects regardless of the level of
expenditure involved.
(2) Information regarding any project, in advance of entering into
any agreement in furtherance of such project, where the potential
liability due to termination, breach, or other reason would equal or
exceed the amount specified by resolution for approval of capital
investment projects pursuant to section 3.3(e) hereof.
[59 FR 18448, Apr. 18, 1994, as amended 62 FR 18519, Apr. 16, 1997]
Sec. 3.8 Information furnished to Board--special reports.
To insure that the Board receives significant information of
developments meriting its attention, postal management shall bring to
the Board's attention the following matters:
(a) Major developments in personnel areas, including but not limited
to equal employment opportunity, career development and training, and
grade and salary structures.
(b) Major litigation activities. Postal management shall also notify
the Board in a timely manner whenever it proposes to seek review by any
United States Court of Appeals of an adverse judicial decision.
(c) Any significant changes proposed in the Postal Service's system
of accounts or methods of accounting.
(d) Matters of special importance, including but not limited to
important research and development initiatives, major changes in Postal
Service organization or structure, major law enforcement activities, and
other matters having a significant impact upon the relationship of the
Postal Service with its employees, with any major branch of Government,
or with the general public.
(e) Information concerning any proposed grant of unique or exclusive
licenses to use Postal Service intellectual properties (other than
patents and technical data rights), or any proposed joint venture
involving the use of such property.
(f) Other matters having important policy implications.
PART 4_OFFICERS (ARTICLE IV)--Table of Contents
Sec.
4.1 Chairman.
4.2 Vice Chairman.
4.3 Postmaster General.
4.4 Deputy Postmaster General.
4.5 Assistant Postmasters General, General Counsel, Judicial Officer,
Chief Postal Inspector.
4.6 Secretary of the Board.
Authority: 39 U.S.C. 202-205, 401(2), (10), 402, 1003, 3013.
Source: 59 FR 18450, Apr. 18, 1994, unless otherwise noted.
Sec. 4.1 Chairman.
(a) The Chairman of the Board of Governors is elected by the
Governors from among the members of the Board. The Chairman:
(1) Shall preside at all regular and special meetings of the Board,
and shall set the agenda for such meetings;
(2) Shall select and appoint the Chairman and members of any
committee properly established by the Board;
(3) Serves a term that commences upon election and expires at the
end of the first annual meeting following the meeting at which he or she
was elected.
(b) If the Postmaster General is elected Chairman of the Board, the
Governors shall also elect one of their number to preside during
proceedings dealing with matters upon which only the Governors may vote.
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
[[Page 13]]
and exercise the powers of the Chairman during the Chairman's absence or
disability. The Vice Chairman serves a term that commences upon election
and expires at the end of the first annual meeting following the meeting
at which he or she was elected.
[59 FR 18450, Apr. 18, 1994, as amended at 69 FR 58058, Sept. 29, 2004]
Sec. 4.3 Postmaster General.
The appointment and role of the Postmaster General are described at
39 U.S.C. 202(c), 203. The Governors set the salary of the Postmaster
General by resolution, subject to the limitations of 39 U.S.C. 1003(a).
Sec. 4.4 Deputy Postmaster General.
The appointment and role of the Deputy Postmaster General are
described at 39 U.S.C. 202(d), 203. The Deputy Postmaster General shall
act as Postmaster General during the Postmaster General's absence or
disability, and when a vacancy exists in the office of Postmaster
General. The Governors set the salary of the Deputy Postmaster General
by resolution, subject to the limitations of 39 U.S.C. 1003(a).
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.
[62 FR 61914, Nov. 20, 1997]
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 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. The Chairman may designate such assistant
secretaries as may be necessary to perform any of the duties of the
Secretary.
[59 FR 18450, Apr. 18, 1994. Redesignated at 62 FR 61914, Nov. 20, 1997]
PART 5_COMMITTEES (ARTICLE V)--Table of Contents
Sec.
5.1 Establishment and appointment.
5.2 Committee procedure.
Authority: 39 U.S.C. 202, 203, 204, 205, 401(2), (10), 1003, 3013.
Source: 59 FR 18450, Apr. 18, 1994, unless otherwise noted.
Sec. 5.1 Establishment and appointment.
From time to time the Board may establish by resolution special and
standing committees of one or more members of the Board. The Board shall
specify, in the resolution establishing any committee, whether the
committee is authorized to submit recommendations or preliminary
decisions to the Board, to conduct hearings for the Board, or otherwise
to take action on behalf of the Board. Each committee may exercise only
those duties, functions, and powers prescribed from time to time by the
Board, and the Board may affirm, alter, or revoke any action of any
committee. Each member of the Board may have access to all of the
information and records of any committee at any time. The Chairman of
the Board shall appoint the chairman and members of each committee, who
serve terms which expire at the
[[Page 14]]
end of each annual meeting. Each committee chairman may assign
responsibilities to members of the committee that are considered
appropriate. The committee chairman, or the chairman's designee, shall
preside at all meetings of the committee.
Sec. 5.2 Committee procedure.
Each committee establishes its own rules of procedure, consistent
with these bylaws, and meets as provided in its rules. A majority of the
members of a committee constitute a quorum.
[61 FR 36499, July 11, 1996]
PART 6_MEETINGS (ARTICLE VI)--Table of Contents
Sec.
6.1 Regular meetings, annual meeting.
6.2 Special meetings.
6.3 Notice of meetings.
6.4 Attendance by conference telephone call.
6.5 Minutes of meetings.
6.6 Quorum and voting.
Authority: 39 U.S.C. 202, 205, 401(2), (10), 1003, 3013; 5 U.S.C
552b (e), (g).
Source: 59 FR 18451, Apr. 18, 1994, unless otherwise noted.
Sec. 6.1 Regular meetings, annual meeting.
The Board shall meet regularly on a schedule established annually by
the Board. The first regular meeting of each calendar year is designated
as the annual meeting. Consistent with the provisions of Sec. 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.
[68 FR 28773, May 27, 2003, as amended at 69 FR 58058, Sept. 29, 2004]
Sec. 6.2 Special meetings.
Consistent with the provisions of Sec. 7.5 of these bylaws, the
Chairman may call a special meeting of the Board at any place in the
United States, with not less than 8 days' notice to the other members of
the Board and to the Secretary, specifying the time, date, place, and
subject matter of the meeting. By recorded vote a majority of the
members of the Board may call a special meeting of the Board at any
place in the United States, with the earliest practicable notice to the
other members of the Board and to the Secretary, specifying the time,
date, place and subject matter of the meeting.
Sec. 6.3 Notice of meetings.
The Chairman or the members of the Board may give the notice
required under Sec. 6.1 or Sec. 6.2 of these bylaws in oral or written
form. Oral notice to a member may be delivered by telephone and is
sufficient if made to the member personally or to a responsible person
in the member's home or office. Any oral notice to a member must be
subsequently confirmed by written notice. Written notice to a member may
be delivered by telegram or by mail sent by the fastest regular delivery
method addressed to the member's address of record filed with the
Secretary, and except for written notice confirming a previous oral
notice, must be sent in sufficient time to reach that address at least 2
days before the meeting date under normal delivery conditions. A member
waives notice of any meeting by attending the meeting, and may otherwise
waive notice of any meeting at any time. Neither oral nor written notice
to the Secretary is sufficient until actually received by the Secretary.
The Secretary may not waive notice of any meeting.
Sec. 6.4 Attendance by conference telephone call.
Unless prohibited by law or by these bylaws, a member of the Board
may participate in a meeting of the Board by conference telephone 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 no Governor attending by telephone may receive
compensation, except for a special meeting by conference telephone that
is more than one hour in duration,
[[Page 15]]
or a special committee meeting between Board meetings called under Sec.
6.2 of these bylaws.
[63 FR 57912, Oct. 29, 1998]
Sec. 6.5 Minutes of meetings.
The Secretary shall preserve the minutes of Board meetings prepared
under Sec. 4.7 of these bylaws. After the minutes of any meeting are
approved by the Board, the Secretary shall promptly make available to
the public, in the Communications Department at Postal Service
Headquarters, or in another place easily accessible to the public,
copies of the minutes, except for those portions which contain
information inappropriate for public disclosure under 5 U.S.C. 552(b) or
39 U.S.C. 410(c).
Sec. 6.6 Quorum and voting.
As provided by 39 U.S.C. 205(c), the Board acts by resolution upon a
majority vote of those members who are present. No proxies are allowed
in any vote of the members of the Board. Any 6 members constitute a
quorum for the transaction of business by the Board, except:
(a) In the appointment or removal of the Postmaster General, and in
setting the compensation of the Postmaster General and Deputy Postmaster
General, 39 U.S.C. 205(c)(1) requires a favorable vote of an absolute
majority of the Governors in office;
(b) In the appointment or removal of the Deputy Postmaster General,
39 U.S.C. 205(c)(2) requires a favorable vote of an absolute majority of
the Governors in office and the Postmaster General;
(c) In the appointment, removal, or in the setting of the
compensation of the Secretary, Assistant Secretary, or other necessary
staff, a favorable vote of an absolute majority of the Governors in
office is required;
(d) In the adjustment of the total budget of the Postal Rate
Commission, 39 U.S.C. 3604(c) requires a unanimous written vote of the
Governors in office;
(e) In the modification of a recommended decision of the Postal Rate
Commission, 39 U.S.C. 3625 requires a unanimous written vote of the
Governors in office; and
(f) In the approval, allowance under protest, or rejection of a
recommended decision of the Postal Rate Commission, the Governors act
upon a majority vote of the Governors present, and the required quorum
of 6 members must include at least 4 Governors;
(g) In the determination to close a portion of a meeting or to
withhold information concerning a meeting, 5 U.S.C. 552b(d)(1) requires
a vote of a majority of the entire membership of the Board; and
(h) In the decision to call a meeting with less than a week's
notice, 5 U.S.C. 552b(e)(1) requires a vote of a majority of the members
of the Board. In the decision to change the subject matter of a meeting,
or the determination to open or close a meeting, 5 U.S.C. 552b(e)(2)
requires a vote of a majority of the entire membership of the Board.
[59 FR 18451, Apr. 18, 1994, as amended at 69 FR 58058, Sept. 29, 2004]
PART 7_PUBLIC OBSERVATION (ARTICLE VII)--Table of Contents
Sec.
7.1 Definitions.
7.2 Open meetings.
7.3 Exceptions.
7.4 Procedure for closing a meeting.
7.5 Public notice of meetings, subsequent changes.
7.6 Certification and transcripts of closed meetings.
7.7 Enforcement.
7.8 Open meetings, Freedom of Information, and Privacy of Information.
Authority: 39 U.S.C. 401(a), as enacted by Pub. L. 91-375, and 5
U.S.C. 552b(a)-(m) as enacted by Pub. L. 94-409.
Source: 59 FR 18451, Apr. 18, 1994, unless otherwise noted.
Sec. 7.1 Definitions.
For purposes of Sec. Sec. 7.2 through 7.8 of these bylaws:
(a) The term Board means the Board of Governors, and any subdivision
or committee of the Board authorized to take action on behalf of the
Board.
(b) The term meeting means the deliberations of at least the number
of individual members required to take action on behalf of the Board
under Sec. 5.2 or Sec. 6.5 of these bylaws, where such deliberations
determine or result in the
[[Page 16]]
joint conduct or disposition of the official business of the Board. The
term ``meeting'' does not include any procedural deliberations required
or permitted by Sec. Sec. 6.1, 6.2, 7.4, or Sec. 7.5 of these bylaws.
[59 FR 18451, Apr. 18, 1994, as amended at 61 FR 36499, July 11, 1996]
Sec. 7.2 Open meetings.
(a) It is the policy of the United States, established in section 2
of the Government in the Sunshine Act, Public Law 94-409, 90 Stat. 1241,
that the public is entitled to the fullest practicable information
regarding the decisionmaking processes of the Federal Government. The
Postal Service is charged to provide the public with this information
while protecting the rights of individuals and the ability of the
Government to carry out its responsibilities. Accordingly, except as
specifically permitted by statute, every portion of every meeting of the
Board of Governors is open to public observation.
(b) Except as provided in Sec. 7.3 of these bylaws, every portion
of every meeting of the Board is open to public observation. Members of
the Board may not jointly conduct or dispose of business of the Board
without complying with Sec. Sec. 7.2 through 7.8 of these bylaws.
Members of the public may obtain access to documents considered at
meetings to the extent provided in the regulations of the Postal Service
concerning the release of information.
(c) Without the permission of a majority of the Board, no person may
participate in, film, televise, or broadcast any portion of any meeting
of the Board. Any person may electronically record or photograph a
meeting, as long as that action does not tend to impede or disturb the
members of the Board in the performance of their duties, or members of
the public while attempting to attend or observe a meeting of the Board.
The rules and penalties of 39 CFR 232.6, concerning conduct on postal
property, apply with regard to meetings of the Board.
Sec. 7.3 Exceptions.
Section 7.2 of these bylaws does not apply to a portion of a
meeting, and Sec. Sec. 7.4 and 7.5 do not apply to information
concerning the meeting which otherwise would be required to be disclosed
to the public, if the Board properly determines that the public interest
does not require otherwise, and that such portion of the meeting or the
disclosure of such information is likely to:
(a) Disclose matters that are (1) specifically authorized under
criteria established by an Executive order to be kept secret in the
interests of national defense or foreign policy, and (2) in fact
properly classified under that Executive order;
(b) Relate solely to the internal personnel rules and practices of
the Postal Service, including the Postal Service position in
negotiations or consultations with employee organizations.
(c) Disclose matters specifically exempted from disclosure by
statute (other than the Freedom of Information Act, 5 U.S.C. 552),
provided that the statute (1) requires that the matters be withheld from
the public in such a manner as to leave no discretion on the issue, or
(2) establishes particular criteria for withholding or refers to
particular types of matters to be withheld;
(d) Disclose trade secrets and commercial or financial information
obtained from a person and privileged or confidential, such as market
information pertinent to Postal Service borrowing or investments,
technical or patent information related to postal mechanization, or
commercial information related to purchases of real estate;
(e) Involve accusing any person of a crime, or formally censuring
any person;
(f) Disclose information of a personal nature, such as personal or
medical data regarding any individual if disclosure would constitute a
clearly unwarranted invasion of personal privacy;
(g) Disclose investigatory records compiled for law enforcement
purposes, or information which if written would be contained in those
records, but only to the extent that the production of those records or
information would (1) interfere with enforcement proceedings, (2)
deprive a person of a right
[[Page 17]]
to a fair trial or an impartial adjudication, (3) constitute an
unwarranted invasion of personal privacy, (4) disclose the identity of a
confidential source and, in the case of a record compiled by a criminal
law enforcement authority in the course of a criminal investigation, or
by an agency conducting a lawful national security intelligence
investigation, confidential information furnished only by the
confidential source, (5) disclose investigative techniques and
procedures, or (6) endanger the life or physical safety of law
enforcement personnel;
(h) Disclose information contained in or related to examination,
operating, or condition reports prepared by, on behalf of, or for the
use of an agency responsible for the regulation or supervision of
financial institutions;
(i) Disclose information the premature disclosure of which would be
likely significantly to frustrate implementation of a proposed action of
the Board, such as information relating to the negotiation of a labor
contract or proposed Postal Service procurement activity, except that
this provision does not apply in any instance where (1) the Postal
Service has already disclosed to the public the content or nature of the
proposed action, or (2) the Postal Service is required by law to make
such disclosure on its own initiative before taking final action on the
proposal; or
(j) Specifically concern the issuance of a subpoena by the Postal
Service, or the participation of the Postal Service in a civil action or
proceeding, such as a postal rate or classification proceeding, an
action in a foreign court or international tribunal, or an arbitration,
or the initiation, conduct, or disposition by the Postal Service of a
particular case of formal adjudication under the procedures of 5 U.S.C.
554 or otherwise involving a determination on the record after
opportunity for a hearing.
Sec. 7.4 Procedure for closing a meeting.
(a) A majority of the entire membership of the Board may vote to
close a portion of a meeting or to withhold information concerning a
meeting under the provisions of Sec. 7.3 of these bylaws. The members
shall take a separate vote with respect to each meeting a portion of
which is proposed to be closed to the public, or with respect to any
information which is proposed to be withheld, and shall make every
reasonable effort to take any such vote at least 8 days before the date
of the meeting involved. The members may take a single vote with respect
to a series of meetings, portions of which are proposed to be closed to
the public, or with respect to information concerning the series, so
long as each portion of a meeting in the series involves the same
particular matters, and no portion of any meeting is scheduled to be
held more than 30 days after the initial portion of the first meeting in
the series.
(b) Whenever any person whose interest may be directly affected by a
portion of a meeting requests that the Board close that portion to the
public for any of the reasons referred to in Sec. 7.3 (e), (f), or (g)
of these bylaws, upon request of any one of its members the Board shall
vote by recorded vote whether to close that portion of the meeting.
(c) The Secretary shall record the vote of each member participating
in a vote under paragraph (a) or (b) of this section. Within 1 day of
any vote under paragraph (a) or (b) of this section, the Secretary shall
make publicly available a written copy of the vote showing the vote of
each member on the question. If a portion of a meeting is to be closed
to the public, the Secretary shall, within 1 day of the vote, make
publicly available a full written explanation of the action closing the
portion, together with a list of all persons expected to attend the
meeting and their affiliation.
[59 FR 18451, Apr. 18, 1994, as amended at 62 FR 4459, Jan. 30, 1997]
Sec. 7.5 Public notice of meetings, subsequent changes.
(a) At least one week before any meeting of the Board, the Secretary
shall publicly announce the time, date, place, and subject matter of the
meeting, whether it is to be open or closed to the public, and the name
and phone number of the official designated by the Board to respond to
requests for information about the meeting.
[[Page 18]]
(b) By a recorded vote, a majority of the members of the Board may
determine that the business of the Board requires a meeting to be called
with less than a week's notice. At the earliest practicable time, the
Secretary shall publicly announce the time, date, place, and subject
matter of the meeting, and whether it is to be open or closed to the
public.
(c) Following the public announcement required by paragraphs (a) or
(b) of this section:
(1) As provided in Sec. 6.1 of these bylaws, the Board may change
the time or place of a meeting. At the earliest practicable time, the
Secretary shall publicly announce the change.
(2) A majority of the entire membership of the Board may change the
subject matter of a meeting, or the determination to open or close a
meeting to the public, if it determines by a recorded vote that the
change is required by the business of the Board and that no earlier
announcement of the change was possible. At the earliest practicable
time, the Secretary shall publicly announce the change, and the vote of
each member upon the change.
(d) Immediately following each public announcement required under
paragraphs (a), (b), or (c) of this section, the Secretary shall submit
for publication in the Federal Register a notice of the time, date,
place, and subject matter of the meeting, whether the meeting is open or
closed, any change in the preceding, and the name and phone number of
the official designated by the Board to respond to requests for
information about the meeting. The Secretary shall also submit the
announcement and information to the Postal Service Public and Employee
Communications Department for dissemination to the public.
Sec. 7.6 Certification and transcripts of closed meetings.
(a) At the beginning of every meeting or portion of a meeting closed
under 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.
(b) The Secretary shall arrange for a complete transcript or
electronic recording adequate to record fully the proceedings to be made
of each meeting or portion of a meeting of the Board which is closed to
the public. The Secretary shall maintain a complete verbatim copy of the
transcript, or a complete electronic recording of each meeting or
portion of a meeting closed to the public for at least 2 years after the
meeting, or for 1 year after the conclusion of any Postal Service
proceeding with respect to which the meeting was held, whichever occurs
later.
(c) Except for those items of discussion or testimony which the
Board, by a majority vote of those members who are present, determines
to contain information which may be withheld under Sec. 7.3 of these
bylaws, the Secretary shall promptly make available to the public, in
the Public and Employee Communications Department at Postal Service
Headquarters, or in another place easily accessible to the public, the
transcript or electronic recording of a closed meeting, including the
testimony of any witnesses received at the meeting. The Secretary shall
furnish a copy of this transcript, or a transcription of this electronic
recording disclosing the identity of each speaker, to any person at the
actual cost of duplication or transcription.
Sec. 7.7 Enforcement.
(a) Under 5 U.S.C. 552b(g), any person may bring a proceeding in the
United States Court of Appeals for the District of Columbia to set aside
any provisions of these bylaws which are not in accord with the
requirements of 5 U.S.C. 552b (a)-(f) and to require the promulgation of
provisions that are in accord with those requirements.
(b) Under 5 U.S.C. 552b(h) any person may bring a civil action
against the Board in an appropriate U.S. District Court to obtain
judicial review of the alleged failure of the Board to comply with 5
U.S.C. 552b (a)-(f). The burden is on the Board to sustain its action.
The court may grant appropriate equitable
[[Page 19]]
relief, including enjoining future violations, or ordering the Board to
make public information improperly withheld from the public.
(c) Under 5 U.S.C. 552b(i) the court may assess against any party
reasonable attorney fees and other litigation costs reasonably incurred
by any other party who substantially prevails, except that the court may
assess costs against the plaintiff only if the court finds that he
initiated the suit primarily for frivolous or dilatory purposes.
Sec. 7.8 Open meetings, Freedom of Information, and Privacy of
Information.
The provisions of 5 U.S.C. 552b(c) (1)-(10), enacted by Public Law
94-409, the Government in the Sunshine Act, govern in the case of any
request under the Freedom of Information Act, 5 U.S.C. 552, to copy or
to inspect the transcripts or electronic recordings described in Sec.
7.6 of these bylaws. Nothing in 5 U.S.C. 552b authorizes the Board to
withhold from any individual any record, including the transcripts or
electronic recordings described in Sec. 7.6 of these bylaws, to which
the individual may otherwise have access under 5 U.S.C. 552a, enacted by
the Privacy Act of 1974, Public Law 93-579.
PART 8 [RESERVED]
PART 9_POLICY ON COMMUNICATIONS WITH GOVERNORS OF THE POSTAL
SERVICE DURING PENDENCY OF RATE AND CLASSIFICATION PROCEEDINGS
[APPENDIX]--Table of Contents
Sec.
9.1 General policy.
9.2 Communications with the Governors during the restricted period.
9.3 Public availability of communications.
Authority: 39 U.S.C. 202, 203, 205, 401 (2), (10), 3621, 3625.
Source: 49 FR 2888, Jan. 24, 1984, unless otherwise noted.
Sec. 9.1 General policy.
(a) To represent the public interest generally and to insure that
the Postal Service meets the needs of the mailing public, the Governors
must be free to hold uninhibited discussions on broad postal issues with
mailers and the general public. Nevertheless, the Governors believe that
certain restrictions on communications with the public are appropriate
when the Governors act in their capacity as final administrative
decisionmakers on recommended decisions of the Postal Rate Commission
concerning postal rates and classifications. These restrictions should
reflect a balance between, on the one hand, the need to safeguard the
integrity of the administrative process for setting rates and
classifications and insure meaningful judicial review of decisions of
the Governors on these subjects, and on the other hand, the need for
open access to the Board to permit the members to meet their statutory
responsibilities. To strike an appropriate balance, the Board has
adopted the following general guidelines: From the time the Postal Rate
Commission issues a recommended decision until the Governors have acted
on the recommended decision, any communication from an interested person
to the Governors that is relevant to the merits of the proceeding should
be on the public record and available for public inspection.
(b) In reviewing recommended decisions of the Commission, the
Governors act on the record before them. They are under no obligation to
take communications from the public into account in reaching their
decision.
Sec. 9.2 Communications with the Governors during the restricted period.
Once the Commission issues a recommended decision, and until the
Governors have acted on that recommended decision by approving,
rejecting, allowing under protest or modifying it, the following
guidelines apply to communications with the Governors that are relevant
to the merits of the proceeding.
(a) Oral communications. During the restricted period, it is the
policy of the Governors not to receive oral communications relevant to
the merits of the proceeding from any interested person. In the event
such a conversation does inadvertently take place, the Governor involved
shall prepare a memorandum of the conversation and submit it to
[[Page 20]]
the Secretary of the Board for inclusion in the public record, where it
shall be available for public inspection.
(b) Written communications. (1) During the restricted period any
communication relevant to the merits of the proceeding that an
interested person may wish to submit to the Governors must be in writing
and should not exceed fifteen pages in length. Such comments should be
based on the record and addressed to the Governors through the Secretary
of the Board. If the commenter has been a party to the Commission
proceeding, copies should be sent to all other parties to that
proceeding. The Secretary shall make all such communications available
for public inspection.
(2) Because the Governors are often required to act promptly on a
recommended decision from the Commission, interested persons seeking to
communicate with the Governors should submit their comments no later
than ten (10) days after the Commission has issued its recommended
decision. This period may be extended at the discretion of the
Governors.
(c) Scope of the guidelines. These guidelines apply to
communications from interested persons to the Governors, their staff,
personal assistants (if any), the Secretary of the Board and any
official of the Office of the Board. Since the Act assigns final
decisionmaking authority on Commission recommended decisions to the
Governors and not the Board, these guidelines do not apply to the
Postmaster General or the Deputy Postmaster General, nor do they apply
to other officers or officials of the Postal Service. Moreover, in order
to carry out their statutory responsibility to direct ``the exercise of
the power of the Postal Service,'' 39 U.S.C. 202(a), the Governors must
be free to discuss all matters of postal policy with officers and
employees of the Postal Service. Accordingly, no restrictions apply to
communications between the Governors and Postal Service employees.
Sec. 9.3 Public availability of communications.
All communications placed on the public record pursuant to these
guidelines shall be available for public inspection at the Office of the
Board of Governors, United States Postal Service, Room 10-300, 475
L'Enfant Plaza West, SW., Washington, DC 20260-1000, between 8:30 a.m.
and 4:30 p.m., Monday through Friday except Federal holidays.
PART 10_RULES OF CONDUCT FOR POSTAL SERVICE GOVERNORS [APPENDIX]--Table
of Contents
Sec.
10.1 Applicability.
10.2 Advisory service.
10.3 Post-employment activities.
10.4 Financial disclosure reports.
Authority: 39 U.S.C. 401.
Source: 52 FR 29697, Aug. 11, 1987, unless otherwise noted.
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 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.
[61 FR 36499, July 11, 1996]
Sec. 10.2 Advisory service.
(a) The General Counsel is the Ethical Conduct Officer of the Postal
Service and the Designated Agency Ethics Official for purposes of the
Ethics in Government Act, as amended, and the implementing regulations
of the Office of Government Ethics, including 5 CFR part 2638.
(b) A Governor may obtain advice and guidance on questions of
conflicts of interest, and may request any ruling provided for by either
the Standards of Ethical Conduct for Employees of the Executive Branch,
or the Postal Service regulations supplemental thereto, from the General
Counsel or a designated assistant.
(c) If the General Counsel determines that a Governor is engaged in
activity which involves a violation of federal statute or regulation,
including the ethical conduct regulations contained
[[Page 21]]
in 5 CFR parts 2635 and 7001, or conduct which creates the appearance of
such a violation, he or she shall bring this to the attention of the
Governor or shall notify the Chairman of the Board of Governors, or the
Vice Chairman, as appropriate.
[61 FR 36499, July 11, 1996]
Sec. 10.3 Post-employment activities.
Governors are subject to the restrictions on the post-employment
activities of special Government employees imposed by 18 U.S.C. 207.
Guidance concerning post-employment restrictions applicable to Governors
may be obtained in accordance with Sec. 10.2(b).
[61 FR 36500, July 11, 1996]
Sec. 10.4 Financial disclosure reports.
(a) Requirement of submission of reports. At the time of their
nomination, Governors complete a financial disclosure report which,
under the practice of the Senate Governmental Affairs Committee, is kept
confidential. Because the Director of the Office of Government Ethics
has ruled that Governors who do not perform the duties of their office
for more than 60 days in any calendar year are not required to file
financial disclosure reports that are open to the public, Governors file
non-public reports annually, in accordance with this section. A Governor
who performs the duties of his or her office for more than 60 days in a
particular calendar year is required to file a public report in
accordance with 5 CFR 2634.204(c).
(b) Person with whom reports should be filed and time for filing.
(1) A Governor shall file a financial disclosure report with the General
Counsel on or before May 15 of each year when the Governor has been in
office for more than 60 consecutive calendar days during the previous
year.
(2) The General Counsel may, for good cause shown, grant to a
Governor an extension of up to 45 days. An additional extension of up to
45 days may be granted by the Director of the Office of Government
Ethics for good cause shown.
(c) Information required to be reported. Each report shall be a full
and complete statement, on the form prescribed by the General Counsel
and the Office of Government Ethics and in accordance with instructions
issued by him or her. The form currently in use is Standard Form 278.
(d) Reviewing reports. (1) Financial disclosure reports filed in
accordance with the provisions of this section shall, within 60 days
after the date of filing, be reviewed by the General Counsel who shall
either approve the report, or make an initial determination that a
conflict or appearance thereof exists. If the General Counsel determines
initially that a conflict or the appearance of a conflict exists, he or
she shall inform the Governor of his determination.
(2) If the General Counsel considers that additional information is
needed to complete the report or to allow an adequate review to be
conducted, he or she shall request the reporting Governor to furnish
that information by a specified date.
(3) The General Counsel shall refer to the Chairman of the Board of
Governors or the Vice Chairman the name of any Governor he or she has
reasonable cause to believe has wrongfully failed to file a report or
has falsified or wrongfully failed to report required information.
(e) Custody of and public access to reports--(1) Retention of
reports. Each report filed with the General Counsel shall be retained by
him or her for a period of six years. After the six-year period, the
report shall be destroyed unless needed in connection with an
investigation then pending.
(2) Confidentiality of reports. Unless a public report is required
by this section, the financial disclosure reports filed by Governors
shall not be made public.
[52 FR 29697, Aug. 11, 1987. Redesignated and amended at 61 FR 36500,
July 11, 1996]
PART 11_ADVISORY BOARDS [ARTICLE XI]--Table of Contents
Authority: 39 U.S.C. 202, 203, 204, 205, 401(2), (10), 402, 403,
1003, 3013, 5 U.S.C. 552b(a), (b) (g).
[[Page 22]]
Sec. 11.1 Establishment.
The Board of Governors may create such advisory boards as it may
deem appropriate and may appoint persons to serve thereon or may
delegate such latter authority to the Postmaster General.
[59 FR 18454, Apr. 18, 1994]
[[Page 23]]
SUBCHAPTER B_INTERNATIONAL MAIL
PART 20_INTERNATIONAL POSTAL SERVICE--Table of Contents
Sec.
20.1 International Mail Manual; incorporation by reference.
20.2 Effective date of the International Mail Manual.
20.3 Availability of the International Mail Manual.
20.4 Amendments to the International Mail Manual.
20.5 [Reserved]
Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, 404, 407, 408.
Source: 69 FR 59546, Oct. 5, 2004, unless otherwise noted.
Sec. 20.1 International Mail Manual; incorporation by reference.
(a) Section 552(a) of Title 5, U.S.C., relating to the public
information requirements of the Administrative Procedure Act, provides
in pertinent part that ``* * * matter reasonably available to the class
of persons affected thereby is deemed published in the Federal Register
when incorporated by reference therein with the approval of the Director
of the Federal Register.'' In conformity with that provision, with 39
U.S.C. section 410(b)(1), and as provided in this part, the U.S. Postal
Service hereby incorporates by reference its International Mail Manual
(IMM), Issue 31, dated May 31, 2005. The Director of the Federal
Register approves this incorporation by reference in accordance with 5
U.S.C. 552(a) and 1 CFR part 51.
(b) The current Issue of the IMM is incorporated by reference in
paragraph (a) of this section. Successive Issues of the IMM are listed
in the following table:
------------------------------------------------------------------------
International Mail Manual Date of issuance
------------------------------------------------------------------------
Issue 1.................................. November 13, 1981.
Issue 2.................................. March 1, 1983.
Issue 3.................................. July 4, 1985.
Issue 4.................................. September 18, 1986.
Issue 5.................................. April 21, 1988.
Issue 6.................................. October 5, 1988.
Issue 7.................................. July 20, 1989.
Issue 8.................................. June 28, 1990.
Issue 9.................................. February 3, 1991.
Issue 10................................. June 25, 1992.
Issue 11................................. December 24, 1992.
Issue 12................................. July 8, 1993.
Issue 13................................. February 3, 1994.
Issue 14................................. August 4, 1994.
Issue 15................................. July 9, 1995.
Issue 16................................. January 4, 1996.
Issue 17................................. September 12, 1996.
Issue 18................................. June 9, 1997.
Issue 19................................. October 9, 1997.
Issue 20................................. July 2, 1998.
Issue 21................................. May 3, 1999.
Issue 22................................. January 1, 2000.
Issue 23................................. July 1, 2000.
Issue 24................................. January 1, 2001.
Issue 25................................. July 1, 2001.
Issue 26................................. January 1, 2002.
Issue 27................................. June 30, 2002.
Issue 28................................. January 1, 2003.
Issue 29................................. July 1, 2003.
Issue 30................................. August 1, 2004.
Issue 31................................. May 31, 2005.
------------------------------------------------------------------------
[70 FR 70964, Nov. 23, 2005]
Sec. 20.2 Effective date of the International Mail Manual.
The provisions of the International Mail Manual Issue 31, effective
May 31, 2005 are applicable with respect to the international mail
services of the Postal Service.
[70 FR 70964, Nov. 23, 2005]
Sec. 20.3 Availability of the International Mail Manual.
Copies of the International Mail Manual may be purchased from the
Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402-9371. The IMM is available for examination on the
Internet at http://pe.usps.gov. Copies are available for public
inspection during regular business hours at area and district offices of
the Postal Service and at all post offices, classified stations, and
classified branches. You may also inspect a copy at the U.S. Postal
Service Library, 475 L'Enfant Plaza West SW., Washington, DC 20260-1641,
or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
[[Page 24]]
Sec. 20.4 Amendments to the International Mail Manual.
New issues of the International Mail Manual will be incorporated by
reference into this part and will be available at http://pe.usps.gov.
The text of amendments to the International Mail Manual will be
published in the Federal Register and will be available in the Postal
Bulletin, copies of which may be accessed at http://www.usps.com/cpim/
ftp/bulletin/pb.htm.
Sec. 20.5 [Reserved]
[[Page 25]]
SUBCHAPTER C_POST OFFICE SERVICES [DOMESTIC MAIL]
General Information on Postal Service--Table of Contents
PART 111_GENERAL INFORMATION ON POSTAL SERVICE--Table of Contents
Sec.
111.1 Mailing Standards of the United States Postal Service, Domestic
Mail Manual; incorporation by reference of regulations
governing domestic mail services.
111.2 Availability of the Mailing Standards of the United States Postal
Service, Domestic Mail Manual.
111.3 Amendments to the Mailing Standards of the United States Postal
Service, Domestic Mail Manual.
111.4 Approval of the Director of the Federal Register.
111.5 [Reserved]
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 414, 416, 3001-
3011, 3201-3219, 3403-3406, 3621, 3626, 5001.
Source: 44 FR 39852, July 6, 1979, unless otherwise noted.
Sec. 111.1 Mailing Standards of the United States Postal Service,
Domestic Mail Manual; incorporated by reference of regulations
governing domestic mail
services.
Section 552(a) of title 5, U.S.C., relating to the public
information requirements of the Administrative Procedure Act, provides
in pertinent part that ``* * * matter reasonably available to the class
of persons affected thereby is deemed published in the Federal Register
when incorporated by reference therein with the approval of the Director
of the Federal Register.'' In conformity with that provision, and with
39 U.S.C. section 410(b)(1), and as provided in this part, the U.S.
Postal Service hereby incorporates by reference in this part, the
Mailing Standards of the United States Postal Service, Domestic Mail
Manual, a looseleaf document published and maintained by the Postal
Service.
[62 FR 14827, Mar. 28, 1997, as amended at 69 FR 59139, Oct. 4, 2004; 70
FR 14535, Mar. 23, 2005]
Sec. 111.2 Availability of the Mailing Standards of the United
States Postal Service, Domestic Mail Manual.
(a) Copies of the Mailing Standards of the United States Postal
Service, Domestic Mail Manual, both current and previous issues, are
available during regular business hours for reference and public
inspection at the U.S. Postal Service Library, National Headquarters in
Washington, DC. Copies of only the current issue are available during
regular business hours for public inspection at area and district
offices of the Postal Service and at all post offices, classified
stations, and classified branches. The Mailing Standards of the United
States Postal Service, Domestic Mail Manual is available for examination
on the Internet at http://pe.usps.gov.
(b) A copy of the current Mailing Standards of the United States
Postal Service, Domestic Mail Manual is on file at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
(c) Subscriptions to the Mailing Standards of the United States
Postal Service, Domestic Mail Manual can be purchased by the public from
the Superintendent of Documents, Washington, DC 20402-9375.
[62 FR 14827, Mar. 28, 1997, as amended at 69 FR 18803, Apr. 9, 2004; 69
FR 59139, Oct. 4, 2004; 70 FR 14535, Mar. 23, 2005]
Sec. 111.3 Amendments to the Mailing Standards of the United States
Postal Service, Domestic Mail Manual.
(a) Except for interim or final regulations published as provided in
paragraph (b) of this section, only notices rather than complete text of
changes made to the Mailing Standards of the United States Postal
Service, Domestic Mail Manual are published in the Federal Register.
These notices are published in the form of one summary
[[Page 26]]
transmittal letter for each issue of the Mailing Standards of the United
States Postal Service, Domestic Mail Manual. A complete issue of the
Mailing Standards of the United States Postal Service, Domestic Mail
Manual, including the text of all changes published to date, will be
filed with the Director, Office of the Federal Register. Subscribers to
the Mailing Standards of the United States Postal Service, Domestic Mail
Manual receive the latest issue of the Mailing Standards of the United
States Postal Service, Domestic Mail Manual from the Government Printing
Office.
(b) When the Postal Service invites comments from the public on a
proposed change to the Mailing Standards of the United States Postal
Service, Domestic Mail Manual, the proposed change and, if adopted, the
full text of the interim or the final regulation is published in the
Federal Register.
(c) The Postal Bulletin contains the full text of all interim and
final regulations published as provided in paragraph (b) of this
section, and the full text of all other changes to the Mailing Standards
of the United States Postal Service, Domestic Mail Manual that are
summarized in the notices published under paragraph (a) of this section,
except for nonsubstantive changes and corrections of typographical
errors. The Postal Bulletin is a biweekly document issued by the Postal
Service to amend and revise policies and procedures. A 1-year
subscription to the Postal Bulletin and certain back copies can be
purchased by the public from the Superintendent of Documents,
Washington, DC 20402-9371.
(d) Interim regulations published in full text or referenced as
provided in paragraphs (b) and (c) of this section, are published, as
appropriate, in the Mailing Standards of the United States Postal
Service, Domestic Mail Manual in full text or referenced at the place
where they would appear if they become final regulations.
(e) Announcements of changes to the Mailing Standards of the United
States Postal Service, Domestic Mail Manual not published in the Federal
Register as provided in paragraphs (a) and (b) of this section and not
published in the Postal Bulletin as provided in paragraph (c) are not
deemed final under the provisions of this part 111.
(f) For references to amendments to the Mailing Standards of the
United States Postal Service, Domestic Mail Manual adopted under
paragraph (b) of this section after issuance of the most recent
transmittal letter (termed Summary of Changes in the Mailing Standards
of the United States Postal Service, Domestic Mail Manual) listed below,
see Sec. 111.3 in the List of CFR Sections affected at the end of this
volume.
------------------------------------------------------------------------
Federal Register
Transmittal letter for issue Dated publication
------------------------------------------------------------------------
1............................... July 30, 1979..... 44 FR 39742.
2............................... May 15, 1980...... 45 FR 42616.
3............................... July 30, 1980..... 45 FR 73925.
4............................... Oct. 1, 1980...... 46 FR 10154.
5............................... Mar. 1, 1981...... 46 FR 25446.
6............................... July 7, 1981...... 46 FR 58079.
7............................... Nov. 1, 1981...... 47 FR 8179.
8............................... Jan. 21, 1982..... 47 FR 8358.
9............................... May 1, 1982....... 47 FR 27266.
10.............................. Aug. 1, 1982...... 47 FR 43952.
11.............................. Jan. 20, 1983..... 48 FR 10649.
13.............................. Dec. 29, 1983..... 49 FR 18304.
14.............................. Apr. 12, 1984..... 49 FR 26228.
15.............................. July 12, 1984..... 49 FR 33248.
16.............................. Sept. 27, 1984.... 49 FR 47232.
17.............................. Dec. 20, 1984..... 50 FR 5580.
18.............................. Feb. 21, 1985..... 50 FR 12019.
19.............................. June 7, 1985...... 50 FR 30834.
20.............................. Nov. 14, 1985..... 51 FR 8495.
21.............................. Sept. 4, 1986..... 51 FR 43910.
22.............................. Jan.22, 1987...... 52 FR 10750.
23.............................. May 1, 1987....... 52 FR 23981.
24.............................. Sept. 20, 1987.... 52 FR 34778.
25.............................. Dec. 20, 1987..... 52 FR 48437.
26.............................. April 3, 1988..... 53 FR 18557.
27.............................. June 19, 1988..... 53 FR 21821.
28.............................. Sept. 18, 1988.... 53 FR 35315.
29.............................. Dec.18, 1988...... 53 FR 49658.
30.............................. Mar. 19, 1989..... 54 FR 9212.
31.............................. June 18, 1989..... 54 FR 27880.
32.............................. Sept. 17, 1989.... 54 FR 37795.
33.............................. Dec. 17, 1989..... 54 FR 50619.
34.............................. Mar. 18, 1990..... 55 FR 10061.
35.............................. June 17, 1990..... 55 FR 24561.
36.............................. Sept. 16, 1990.... 55 FR 40658.
37.............................. Dec. 16, 1990..... 56 FR 1112.
38.............................. Feb. 24, 1991..... 56 FR 11513.
39.............................. June 16, 1991..... 56 FR 56015
40.............................. September 15, 1991 56 FR 56013
41.............................. December 15, 1991. 57 FR 21611
42.............................. March 15, 1992.... 57 FR 21613
43.............................. June 21, 1992..... 57 FR 37884
44.............................. September 20, 1992 61 FR 67218
45.............................. December 20, 1992. 61 FR 67218
46.............................. July 1, 1993...... 61 FR 67218
47.............................. April 10, 1994.... 61 FR 67218
48.............................. January 1, 1995... 61 FR 67218
49.............................. September 1, 1995. 61 FR 67218
[[Page 27]]
50.............................. July 1, 1996...... 61 FR 60190
51.............................. January 1, 1997... 61 FR 64618
52.............................. July 1, 1997...... 62 FR 30457
53.............................. January 1, 1998... 62 FR 63851
54.............................. January 10, 1999.. 64 FR 39
55.............................. January 10, 2000.. 65 FR 1321
56.............................. January 7, 2001... 66 FR 8370
57.............................. June 30, 2002..... 67 FR 46875
58.............................. August 10, 2003... 68 FR 66018
Premier Edition................. January 6, 2005... 70 FR 14535
------------------------------------------------------------------------
[45 FR 40115, June 13, 1980]
Editorial Note: For Federal Register citations affecting Sec.
111.3, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 111.4 Approval of the Director of the Federal Register.
Incorporation by reference of the publication now titled the Mailing
Standards of the United States Postal Service, Domestic Mail Manual was
approved by the Director of the Federal Register under 5 U.S.C 552(a)
and 1 CFR part 51 on March 23, 2005.
(5 U.S.C. 552(a); 39 U.S.C. 401, 404, 407, 408, 3001-3011, 3201-3218,
3403-3405, 3601, 3621; 42 U.S.C. 1973cc-13, 1973cc-14)
[49 FR 47389, Dec. 4, 1984, as amended at 70 FR 14535, Mar. 23, 2005]
Sec. 111.5 [Reserved]
[[Page 28]]
SUBCHAPTER D_ORGANIZATION AND ADMINISTRATION
PART 211_APPLICATION OF REGULATIONS--Table of Contents
Sec.
211.1 Disposition of former title 39, U.S.C.
211.2 Regulations of the Postal Service.
211.3 Executive orders and other executive pronouncements; circulars,
bulletins, and other issuances of the Office of Management and
Budget.
211.4 Interim personnel regulations.
Authority: 39 U.S.C. 201, 202, 401(2), 402, 403, 404, 410, 1001,
1005, 1209; Pub. L. 91-375, Secs. 3-5, 84 Stat. 773-75.
Source: 38 FR 20402, July 31, 1973, unless otherwise noted.
Sec. 211.1 Disposition of former title 39, U.S.C.
Except as otherwise continued in effect as postal regulations, all
provisions of former title 39, U.S.C., which were continued in effect as
regulations of the Postal Service by section 5(f) of the Postal
Reorganization Act, are revoked. This revocation does not apply to
postal regulations which embody or are derived from provisions of former
title 39.
Sec. 211.2 Regulations of the Postal Service.
(a) The regulations of the Postal Service consist of:
(1) The resolutions of the Governors and the Board of Governors of
the U.S. Postal Service and the bylaws of the Board of Governors;
(2) The Mailing Standards of the United States Postal Service,
Domestic Mail Manual; the Postal Operations Manual; the Administrative
Support Manual; the Employee and Labor Relations Manual; the Financial
Management Manual; the International Mail Manual; and those portions of
Chapter 2 of the former Postal Service Manual and chapter 7 of the
former Postal Manual retained in force.
(3) Headquarters Circulars, Management Instructions, Regional
Instructions, handbooks, delegations of authority, and other regulatory
issuances and directives of the Postal Service or the former Post Office
Department. Any of the foregoing may be published in the Federal
Register and the Code of Federal Regulations.
(b) Except as otherwise provided by law, the resolutions of the
Governors and the Board of Governors of the U.S. Postal Service and the
bylaws of the Board of Governors take precedence over all regulations
issued by other authority.
(c) The adoption, by reference or otherwise, of any rule of law or
regulation in this or any other regulation of the Postal Service shall
not be interpreted as any expression on the issue of whether such rule
of law or regulation would apply to the Postal Service if it were not
adopted as a regulation, nor shall it restrict the authority of the
Postal Service to amend or revoke the rule so adopted at a subsequent
time.
(d) All regulations of the Post Office Department in effect at the
time the U.S. Postal Service commenced operations, continue in effect,
except as subsequently modified or repealed by the Postal Service.
Except as otherwise continued in effect as postal regulations, all
regulations of other agencies of the United States continued in effect
as postal regulations by section 5(a) of the Postal Reorganization Act
are repealed.
[38 FR 20402, July 31, 1973, as amended at 46 FR 34329, July 1, 1981; 69
FR 36022, June 28, 2004; 69 FR 59545, Oct. 5, 2004; 70 FR 20293, Apr.
19, 2005]
Sec. 211.3 Executive orders and other executive pronouncements;
circulars, bulletins, and other issuances of the Office of Management
and Budget.
(a) By virtue of the Postal Reorganization Act, certain executive
orders, and other executive pronouncements and certain circulars,
bulletins, and other issuances of the Office of Management and Budget or
particular provisions thereof, or requirements therein, apply to the
Postal Service and certain others do not apply.
(b) It is the policy of the Postal Service to continue to comply
with issuances of the kind mentioned in paragraph (a) of this section
with
[[Page 29]]
which it has previously complied, unless a management decision by an
appropriate department head is made to terminate compliance, in whole or
in part, following advice from the General Counsel that the issuance is
not binding, in whole or in part, on the Postal Service. This policy is
not enforceable by any party outside the Postal Service. No party
outside the Postal Service is authorized to use the mere non-compliance
with this policy against the Postal Service in any way.
Sec. 211.4 Interim personnel regulations.
(a) Continuation of Personnel Regulations of the Post Office
Department. All regulations of the former Post Office Department dealing
with officers and employees, in effect at the time the U.S. Postal
Service commenced operations, continue in effect according to their
terms until modified or repealed by the Postal Service or pursuant to a
collective bargaining agreement under the Postal Reorganization Act.
(b) Continuation of Personnel Provisions of Former title 39, U.S.C.
Except as they may be inconsistent with other regulations adopted by the
Postal Service or with a collective bargaining agreement under the
Postal Reorganization Act, all provisions of former title 39, U.S.C.,
dealing with and applicable to postal officers and employees immediately
prior to the commencement of operations of the Postal Service continue
in effect as regulations of the Postal Service.
(c) Continuation of Other Laws and Regulations as Postal
Regulations. Except as they may be inconsistent with the provisions of
the Postal Reorganization Act, with other regulations adopted by the
Postal Service, or with a collective bargaining agreement under the
Postal Reorganization Act, all regulations of Federal agencies other
than the Postal Service or Post Office Department and all laws other
than provisions of revised title 39, U.S.C., or provisions of other laws
made applicable to the Postal Service by revised title 39, U.S.C.,
dealing with officers and employees applicable to postal officers and
employees immediately prior to the commencement of operations of the
Postal Service, continue in effect as regulations of the Postal Service.
Any regulation or law the applicability of which is continued by
paragraphs (a) through (c) of this section which requires any action by
any agency other than the Postal Service or Post Office Department shall
be deemed to require such action by the Postal Service, unless by
agreement with the Postal Service the other agency involved consents to
the continuation of its action.
(d) Effect of Collective Bargaining on Certain Regulations. All
rules and regulations continued or established by paragraphs (a) through
(c) of this section which establish fringe benefits as defined in title
39, U.S.C. 1005(f) of employees for whom there is a collective
bargaining representative continue to apply until modified by a
collective bargaining agreement concluded pursuant to the Postal
Reorganization Act. Those rules and regulations affecting other terms
and conditions of employment encompassed by section 8(d) of the National
Labor Relations Act, as amended, shall continue to apply to such
employees until such collective bargaining agreement has been concluded,
and, unless specifically continued by such agreement, shall apply
thereafter until modified or repealed by the Postal Service pursuant to
its authority under title 39, U.S.C. 1001(e) and other pertinent
provisions of the Postal Reorganization Act. In the event a condition
occurs which shall excuse the Postal Service from continuing
negotiations prior to the parties thereto concluding an agreement in
accordance with the Postal Reorganization Act, the Postal Service
reserves the right in accordance with the reorganization measures
mandated by the Congress and consistent with the provisions of the Act,
and any collective bargaining agreements in existence at that time,
insofar as they do not unduly impede such reorganization measures, to
continue, discontinue, or revise all compensation, benefits, and terms
and conditions of employment of such employees of the Postal Service.
PART 221_GENERAL ORGANIZATION--Table of Contents
Sec.
221.1 The United States Postal Service.
[[Page 30]]
221.2 Board of Governors.
221.3 Office of Inspector General.
221.4 Corporate officers.
221.5 Headquarters organization.
221.6 Field organization.
221.7 Postal Service emblem.
Authority: 39 U.S.C. 201, 202, 203, 204, 207, 401(2), 402, 403, 404,
409, 1001; Inspector General Act of 1978 (Pub. L. 95-452), 5 U.S.C. App.
3.
Source: 69 FR 53000, Aug. 31, 2004, unless otherwise noted.
Sec. 221.1 The United States Postal Service.
The United States Postal Service was established as an independent
establishment within the executive branch of the government of the
United States under the Postal Reorganization Act of August 12, 1970
(Pub. L. 91-375, 84 Stat. 719).
Sec. 221.2 Board of Governors.
(a) Composition. The Board of Governors consists of 11 members. Nine
governors are appointed by the President of the United States, by and
with the advice and consent of the Senate. Not more than five governors
may be adherents of the same political party. The governors are chosen
to represent the public interest generally, and they may not be
representatives of specific interests using the Postal Service. The
governors may be removed only for cause. The postmaster general and the
deputy postmaster general are also voting members of the Board of
Governors.
(b) Responsibilities. The Board of Governors directs the exercise of
the powers of the Postal Service, reviews the practices and policies of
the Postal Service, and directs and controls its expenditures.
Sec. 221.3 Office of Inspector General.
(a) Establishment. The Office of Inspector General (OIG) was
established as an independent law enforcement and oversight agency for
the United States Postal Service under the Inspector General Act of 1978
(5 U.S.C. App. 3), as amended in 1988 (Pub. L. 100-504, 102 Stat. 2515)
and 1996 (Pub. L. 104-208, 110 Stat. 3009).
(b) Responsibilities. The OIG was established to:
(1) Provide an independent and objective unit to conduct and
supervise audits and investigations relating to programs and operations
of the Postal Service.
(2) Provide leadership and coordination and recommend policies for
activities designed to:
(i) Promote economy, efficiency, and effectiveness in the
administration of postal programs and operations.
(ii) Prevent and detect fraud and abuse in postal programs and
operations.
(3) Provide a means of keeping the governors and Congress fully and
currently informed about:
(i) Problems and deficiencies relating to the administration of
postal programs and operations.
(ii) The necessity for corrective action.
(iii) The progress of corrective action.
(4) Provide oversight of all activities of the Postal Inspection
Service.
(c) Inspector General--(1) Appointment. The inspector general is
appointed for a 7-year term by the nine governors.
(2) Responsibilities. The inspector general is responsible for the
operations of the OIG: ensuring independent and objective audits and
investigations of postal operations and programs; overseeing the Postal
Inspection Service; and apprising the governors and Congress of
significant observations. The inspector general has no direct
responsibility for designing, installing, and/or operating postal
operations or programs.
(3) Extent of powers. In addition to the authority otherwise
provided by the Inspector General Act of 1978, as amended, the inspector
general is authorized to:
(i) Have unrestricted access to all Postal Service operations,
programs, records, and documents, whether in custody of the Postal
Service or available by law, contract, or regulation.
(ii) Have direct and prompt access to the governors when necessary
for any purpose pertaining to the performance of the functions and
responsibilities of the OIG.
(iii) Administer oaths when necessary in performance of the
functions assigned to the OIG.
[[Page 31]]
(iv) Require by subpoena the production of all information,
documents, reports, answers, records, accounts, papers, and other data
and documentary evidence necessary in the performance of the functions
of the OIG.
(v) Select, appoint, and employ such officers and employees as may
be necessary for carrying out the functions, powers, and duties of the
OIG.
(vi) Obtain the temporary or intermittent services of experts or
consultants in accordance with applicable laws and regulations.
Sec. 221.4 Corporate officers.
The Board of Governors determines the number of corporate officers
and appoints the postmaster general. The governors and the postmaster
general appoint the deputy postmaster general. The postmaster general
appoints the remaining corporate officers. The corporate officers of the
Postal Service are the following:
(a) The postmaster general and chief executive officer.
(b) The deputy postmaster general.
(c) The chief operating officer and executive vice president.
(d) The chief financial officer and executive vice president.
(e) The senior vice presidents.
(f) The general counsel and senior vice president.
(g) The vice presidents.
(h) The chief inspector.
(i) The consumer advocate and vice president.
(j) The judicial officer.
(k) Such other officers as the Board may designate from time to
time.
Sec. 221.5 Headquarters organization.
(a) Postmaster General--(1) Appointment. The postmaster general
(PMG), the chief executive officer of the Postal Service, is appointed
by and can be removed by a majority of the governors in office.
(2) Responsibilities. The postmaster general is responsible for the
overall operation of the Postal Service. The postmaster general
determines appeals from the actions of staff and corporate officers,
except in cases where he or she has delegated authority to make a
decision to a subordinate; such subordinate may also determine appeals
within the authority delegated.
(3) Extent of powers. The postmaster general, as directed by the
Board of Governors, exercises the powers of the Postal Service to the
extent that such exercise does not conflict with power reserved to the
Board by law. The postmaster general is authorized to direct any
officer, employee, or agent of the Postal Service to exercise such of
the postmaster general's powers as the postmaster general deems
appropriate.
(b) Deputy Postmaster General. The deputy postmaster general is
appointed and can be removed by the postmaster general and the governors
in office. The deputy postmaster general reports directly to the
postmaster general.
(c) Chief Operating Officer and Executive Vice President. The chief
operating officer and executive vice president is appointed by the
postmaster general and directs all processing, distribution, and
customer service functions.
(d) Officers in charge of Headquarters organizational units. The
officers in charge of Headquarters organizational units are appointed by
the postmaster general. They report directly to the postmaster general,
the deputy postmaster general, an executive vice president, a senior
vice president, or another officer, as the postmaster general may
direct.
(e) Responsibilities. The corporate officers head the organizational
units into which Headquarters and the field are divided. They are
responsible for the following:
(1) Program planning, direction, and review.
(2) Establishment of policies, procedures, and standards.
(3) Operational determinations not delegated to district officials.
Sec. 221.6 Field organization.
(a) General. There are 8 areas, each with a vice president.
(b) Area locations.
------------------------------------------------------------------------
Area name Location
------------------------------------------------------------------------
Eastern............................... Pittsburgh PA.
Great Lakes........................... Chicago IL.
New York Metro........................ New York NY.
Northeast............................. Windsor CT.
Pacific............................... San Francisco CA.
Southeast............................. Memphis TN.
Southwest............................. Dallas TX.
[[Page 32]]
Western............................... Denver CO.
------------------------------------------------------------------------
(c) Area functions. Functional units and reporting units are as
follows:
(1) Functional units. Each area is divided into functional units
responsible for finance, human resources, marketing, and operations
support.
(2) Reporting units. Areas are responsible for:
(i) Customer service districts (CSDs).
(ii) Post offices (POs).
(iii) Vehicle maintenance facilities (VMFs).
(iv) Processing and distribution centers (P&DCs).
(v) Processing and distribution facilities (P&DFs).
(vi) Air mail centers (AMCs).
(vii) Air mail facilities (AMFs).
(viii) Bulk mail centers (BMCs).
(ix) Bulk mail facilities (BMFs).
(x) Remote encoding centers (RECs).
(d) Customer Service District Offices. Functional units and
reporting relationships are as follows:
(1) Functional units. The 80 district offices coordinate the day-to-
day management of post offices and customer service activities other
than processing and distribution within a geographical area. EAS-26 and
above postmasters report to their district manager. Each district office
is organized into functional units responsible for post office
operations, operations programs support, customer service support,
finance, human resources, information technology, administrative
support, and marketing.
(2) Reporting relationships. Independent delivery distribution
centers and post offices level EAS-24 and below report to the functional
unit responsible for post office operations.
(e) Support--(1) General. Headquarters field units and service
centers provide support for area offices.
(2) Headquarters field units. As assigned, Headquarters field units
are responsible for legal services, corporate relations, human
resources, facility services, finance, information technology, and
supply management.
Sec. 221.7 Postal Service emblem.
The Postal Service emblem, which is identical with the seal, is
registered as a trademark and service mark by the U.S. Patent Office.
Except for the emblem on official stationery, the emblem must bear one
of the following notations: ``Reg. U.S. Pat. Off.'', ``Registered in
U.S. Patent Office'', or the letter R enclosed within a circle.
PART 222_DELEGATIONS OF AUTHORITY--Table of Contents
Sec.
222.1 Authority to administer postal affairs.
222.2 Authority to administer oaths or function as notaries public.
222.3 Other delegation.
Authority: 39 U.S.C. 201, 202, 203, 204, 207, 401(2), 402, 403, 404,
409, 1001, 1011; Inspector General Act of 1978 (Pub. L. 95-452), 5
U.S.C. App. 3.
Source: 69 FR 53000, Aug. 31, 2004, unless otherwise noted.
Sec. 222.1 Authority to administer postal affairs.
(a) The Postmaster General. The postmaster general has been
authorized by the Board of Governors to exercise the powers of the
Postal Service to the full extent that such exercise is lawful. The
postmaster general is empowered to authorize any employee or agent of
the Service to exercise any function vested in the Postal Service, in
the postmaster general, or in any other Postal Service employee.
(b) Corporate officers. Corporate officers are authorized to
exercise the powers and functions of the Postal Service under the Postal
Reorganization Act with respect to matters within their areas of
responsibility, except as limited by law or by the specific terms of
their assignment.
(c) General counsel. The general counsel is authorized to settle
federal tort claims under section 2672 of title 28, United States Code,
up to $100,000.
Sec. 222.2 Authority to administer oaths or function as notaries public.
(a) Authority to approve personnel actions and administer oaths of
office for employment. The postmaster general, corporate officers, and
their delegatees are authorized to effect appointments, administer oaths
of office for employment, and take other personnel actions.
[[Page 33]]
(b) Authority to administer oaths other than for employment. The
following are authorized to administer oaths concerning matters other
than employment:
(1) Postal inspectors, with regard to any matter coming before them
in the performance of their official duties;
(2) Any member of a board who is assigned to conduct hearings or
investigations in which sworn testimony, affidavits, or depositions are
required, and each officer or employee assigned to conduct such hearings
or investigations;
(3) Postmasters, where required in the performance of their official
duties.
(c) Authority to function as notaries public. (1) Postmasters in
Alaska have the authority to administer oaths and affirmations, take
acknowledgments and make and execute certificates thereof, and perform
all other functions of a notary public within Alaska when a
certification is necessary to meet any Act of Congress or the
Legislature of Alaska. No fees may be charged for notarial services.
(2) An officer or employee who is a notary public shall not charge
or receive compensation for notarial services for another officer or
employee regarding Government business; nor for notarial services for
any person during the hours of the notary's services to the Government,
including the lunch period.
Sec. 222.3 Other delegation.
(a) Documentation. All delegations of authority must be officially
documented.
(b) Position title. Delegations of authority must ordinarily be made
by position title rather than by name of the individual involved. An
officer or executive acting for a principal has the principal's full
authority.
(c) Level. When authority is delegated to an officer, the officers
above that officer shall have the same authority. Delegated authority
does not extend to aides unless an aide is acting for the supervisor
(see paragraph (b) of this section) or is specifically authorized by the
superior to exercise such authority.
(d) Agreement with law. A delegation must agree with the law and
regulations under which it is made and contain such specific limiting
conditions as may be appropriate.
(e) Further delegation. Authority may be further delegated unless
prohibited by law, a regulation that expressly prohibits further
delegation, or terms of the delegation.
PART 223_RELATIONSHIPS AND COMMUNICATION CHANNELS--Table of Contents
Sec.
223.1 Headquarters and areas.
223.2 Channels of communication, headquarters with area offices.
Authority: 39 U.S.C. 201, 202, 203, 204, 207, 401(2), 402, 403, 404.
Source: 69 FR 53000, Aug. 31, 2004, unless otherwise noted.
Sec. 223.1 Headquarters and areas.
Headquarters provides policy guidance, procedures, and
interpretation to area officials.
Sec. 223.2 Channels of communication, headquarters with area offices.
(a) General. Headquarters organizational units formulate the
directives to provide guidance to area officials.
(b) Policies. Policies are issued over the signatures of the vice
presidents of the functional organizations (unless the postmaster
general or deputy postmaster general issues these directives
personally). Whether published on paper or online, such policies must be
coordinated with other appropriate organizations before issuance, and
reviewed, published, and managed by Public Affairs and Communications.
If within the authority of the issuer, these policies have the same
effect as though sent by the postmaster general or deputy postmaster
general.
(c) Procedures. Regulations, instructions, and implementation
guidelines are issued over the signatures of vice presidents of
functional organizations or their accountable functional unit managers
and used to implement programs and business activities. Whether
published on paper or online, such procedures must be coordinated with
other appropriate organizations before issuance and reviewed, published,
and managed by Public Affairs and Communications.
[[Page 34]]
Inspection Service Requirements--Table of Contents
PART 230_OFFICE OF INSPECTOR GENERAL--Table of Contents
Subpart A_General Policy and Authority
Sec.
230.1 Establishment and authority.
230.2 Access to information and other responsibilities.
230.3 Cooperation with the Office of Inspector General.
230.4 Arrest and investigative powers of criminal investigators.
230.5 Release of information.
Subpart B_Rules Governing Compliance with Subpoenas, Summonses, and
Court Orders by Postal Employees Within the Office of Inspector General
Where Neither the Postal Service, the United States, Nor Any Other
Federal Agency Is a Party
230.10 What do these rules govern?
230.11 What special definitions apply to these rules?
230.12 Can Office of Inspector General employees testify or produce
documents that would assist me in my civil proceeding?
230.13 Why are restrictions on Office of Inspector General employees in
civil proceedings necessary?
230.14 Who owns the written or recorded notes, memoranda, reports, and
transcriptions made pursuant to an official investigation,
audit, or review conducted by an employee of the Office of
Inspector General?
230.15 What must an Office of Inspector General employee do if served
with a demand requiring the production of documents or an
appearance in court?
230.16 Is there a prohibition on presenting Office of Inspector General
reports or records during an employee's testimony?
230.17 If an attempt is made to compel production of reports and records
during the employee's testimony, what is an Office of
Inspector General employee directed to do?
230.18 If authorization to testify or produce documents is not obtained
by the employee, what is the employee directed to do?
230.19 What criteria will the authorizing official use to determine
whether to authorize testimony or production of documents?
230.20 What records will not be released?
230.21 May the General Counsel to the Inspector General and/or a U.S.
Department of Justice attorney represent the employee in any
appearance?
230.22 May another employee be substituted for the employee requested to
appear?.
230.23 May an Office of Inspector General employee testify as an expert
or opinion witness?
230.24 How is a demand for employee documents or testimony made to the
Office of Inspector General?
230.25 Who pays the costs incurred when the Office of Inspector General
responds to a demand for documents or testimony?
230.26 Do these rules affect the service of process requirements of the
Federal Rules of Civil Procedure (28 U.S.C. Appendix)?
230.27 Do these rules create any right or benefit enforceable by a party
against the Postal Service?
Authority: 5 U.S.C. App.3; 39 U.S.C. 401(2) and 1001.
Source: 67 FR 16025, Apr. 4, 2002, unless otherwise noted.
Subpart A_General Policy and Authority
Sec. 230.1 Establishment and authority.
(a) There is established, pursuant to the Inspector General Act of
1978, as amended (5 U.S.C. App.3), and 39 U.S.C. 410, an independent
Office of Inspector General.
(b) The Inspector General reports directly to the nine
presidentially appointed Governors and shall not be supervised by, nor
report to, the Postmaster General and/or any designee appointed by the
Postmaster General.
(c) The Office of Inspector General includes an Inspector General,
an Assistant Inspector General for Audit, and an Assistant Inspector
General for Investigations. The Office of Inspector General maintains
its own legal counsel independent of the Postal Service Law Department
for matters that are within the jurisdiction of the Office.
(d) The Office of Inspector General is responsible for detecting and
preventing fraud, waste, and abuse in the programs and operations of the
Postal Service, and for reviewing existing and proposed legislation and
regulations relating to the programs and operations of the Postal
Service.
(e) The Inspector General has oversight responsibilities for all
activities of the Postal Inspection Service. The Chief Postal Inspector
must promptly
[[Page 35]]
report to the Inspector General significant activities and other
information related to the Inspection Service as required by law.
(f) The Inspector General has sole responsibility for directing the
Office of Inspector General, including the authority to select, appoint,
and employ such officers and employees that the Inspector General deems
necessary and appropriate to fulfill the mission of the Office. In
addition, the Inspector General may delegate to such officers and
employees of the Inspector General such powers, duties, and
responsibilities, as the Inspector General deems necessary and
appropriate for the proper functioning of the Office.
(g) All employees in the Office of Inspector General shall take and
subscribe to the oath of office required of all Postal Service employees
under 39 U.S.C. 1011, and the Inspector General, or designee, is
authorized to administer such oath and affirmation.
(h) The Inspector General has the authority to enter into contracts
or other arrangements with public agencies and with private entities,
and to make such payments as may be necessary to carry out the duties
and responsibilities of the Office of Inspector General.
(i) The Inspector General may hire and retain the services of expert
consultants and other personnel as necessary to fulfill the duties and
responsibilities of the Office.
(j) Except as required by law, the Governors may not transfer to the
Inspector General responsibility for performing any of the program
activities of the Postal Service.
Sec. 230.2 Access to information and other responsibilities.
(a) The Inspector General has authority to have access to all postal
records, reports, audits, reviews, documents, papers, information, and
other material relating to any matter related to the responsibilities of
the Inspector General;
(b) The Inspector General shall be the Investigating Official for
purposes of the Program Fraud Civil Remedies Act.
Sec. 230.3 Cooperation with the Office of Inspector General.
(a) All Postal Service employees shall cooperate with all audits,
reviews, and investigations conducted by the Office of Inspector
General. Deliberately submitting information known to be false or
misleading to the Office of Inspector General or failing to cooperate
with all audits, reviews, and investigations conducted by the Office of
Inspector General may be grounds for disciplinary or other legal action.
(b) Any employee who has authority to take, direct another to take,
recommend or approve any personnel action shall not retaliate against
any employee as a reprisal for cooperating and assisting with any Office
of Inspector General audit, review, or investigation (including
reporting facts or information to the Office of Inspector General that
leads to any audit, review, or investigation).
Sec. 230.4 Arrest and investigative powers of criminal investigators.
(a) Under the authority of 18 U.S.C. 3061, criminal investigators
employed by the Office of Inspector General are authorized to perform
the following functions in connection with their official duties:
(1) Serve warrants and subpoenas issued under the authority of the
United States;
(2) Make arrests without warrant for offenses against the United
States committed in their presence;
(3) Make arrests without warrant for felonies cognizable under the
laws of the United States if they have reasonable grounds to believe
that the person to be arrested has committed or is committing such a
felony;
(4) Carry firearms; and
(5) Make seizures of property as provided by law.
(b) Administrative subpoenas may be served by delivering a copy to a
person or by mailing a copy to the person's last known address. For the
purposes of this provision, delivery of a copy includes handing it to
the party or leaving it at the party's office or residence with a person
of suitable age and discretion employed or residing therein.
[[Page 36]]
Service by mail is complete upon mailing.
[67 FR 16025, Apr. 4, 2002, as amended at 71 FR 12285, Mar. 10, 2006]
Sec. 230.5 Release of information.
(a) The Office of Inspector General is responsible for maintaining
and storing its own records and for assuring compliance with applicable
records management, retention, and disclosure requirements.
(b) The Inspector General or a designee serves as the official
custodian of the records and documents of the Office of Inspector
General and is responsible for administering the rules and regulations
relating to public availability of Postal Service Office of Inspector
General records insofar as the information is subject to the provisions
of the Freedom of Information Act, contained in Section 552 of Title 5
of the U.S. Code and 39 U.S.C. 410 (c), and/or the Privacy Act, Section
552a of Title 5 of the U.S. Code.
(c) Requests for records and information under the Freedom of
Information Act or Privacy Act should be submitted in writing to the
Office of Inspector General, Freedom of Information/Privacy Act Officer,
located at 1735 N. Lynn Street, Arlington, Virginia, 22209-2020.
(d) The Office of Inspector General shall comply with and adhere to
the procedures governing the release of information maintained by the
U.S. Postal Service as set forth in Part 265 and related provisions of
these regulations to the extent such procedures do not conflict with any
provision in this part.
(e) Appeals from the denial of any request for information should be
directed to the General Counsel for the Office of Inspector General, who
is responsible for deciding any timely appeals authorized under this
section.
(f) Postal Service records in the custody of the Office of Inspector
General that contain proprietary information will not be released by the
Inspector General without consultation with the appropriate Postal
Service official responsible for the record.
Subpart B_Rules Governing Compliance With Subpoenas, Summonses, and
Court Orders by Postal Employees Within the Office of Inspector General
Where Neither the Postal Service, the United States, Nor Any Other
Federal Agency Is a Party
Source: 68 FR 57372, Oct. 3, 2003, unless otherwise noted.
Sec. 230.10 What do these rules govern?
(a) Subpart B governs those situations where an employee of the
Office of Inspector General has been summoned, subpoenaed, or given a
court order in connection with any federal, state, local court,
administrative, or legislative proceeding.
(b) The rules in Subpart B do not apply to:
(1) Proceedings where the United States, the Postal Service, or any
other federal agency is named as a party;
(2) Congressional requests or subpoenas for testimony or documents;
(3) Employees serving as expert witnesses in connection with
professional and consultative services under Title 5, Code of Federal
Regulations, Part 7001, provided they state for the record that their
testimony reflects their personal opinions and should not be viewed as
the official position of the Postal Service;
(4) Employees making appearances in their private capacities in
proceedings that do not relate to their Postal Service employment, such
as traffic accidents or domestic relations matters; and do not involve
professional or consultative services;
(5) Situations where the Inspector General or an official designated
by the Inspector General determines that the best interests of the
public or the Office of Inspector General would be served by an
exemption from the regulations.
(c) These rules should be read together with the Freedom of
Information Act (FOIA), which provides additional information about
access to records.
[[Page 37]]
Sec. 230.11 What special definitions apply to these rules?
The following definitions apply to Subpart B:
(a) Authorizing official means the Inspector General or an official
designated by the Inspector General to authorize release of documents or
permission to testify.
(b) Case or matter means any civil proceeding before a court of law,
administrative board, hearing officer, or other body conducting a
judicial or administrative proceeding in which the United States, the
Postal Service, or another federal agency is not a named party.
(c) Demand includes any request, order, or subpoena for testimony or
the production of documents.
(d) Document means all records, papers, or official files,
including, but not limited to, official letters, telegrams, memoranda,
reports, studies, calendar and diary entries, graphs, notes, charts,
tabulations, data analyses, statistical or information accumulations,
records of meetings and conversations, film impressions, magnetic tapes,
computer discs, and sound or mechanical reproductions.
(e) Employee or Office of Inspector General employee, for the
purpose of this subpart only, means a Postal Service employee currently
or formerly assigned to the Postal Service Office of Inspector General,
student interns, contractors, and employees of contractors who have
access to Office of Inspector General information and records.
(f) General Counsel to the Inspector General means the General
Counsel of the Office of Inspector General, or a person authorized by
the Inspector General to give legal advice to Office of Inspector
General employees. General Counsel to the Inspector General does not
mean the General Counsel of the Postal Service.
(g) Nonpublic includes any material or information not subject to
mandatory public disclosure under Sec. 265.6(b) or which must be kept
confidential under the Inspector General Act, 5 U.S.C. App. 3.
(h) Office of Inspector General means the organizational unit within
the Postal Service as outlined in part 221 of this chapter.
(i) Office of Inspector General Manual is the document containing
the standard operating procedures for criminal investigators,
evaluators, and other employees of the Office of Inspector General.
(j) Reports include all written reports, letters, recordings, or
other memoralizations made in conjunction with the duties of an Office
of Inspector General employee.
(k) Testify or testimony includes both in-person oral statements
before any body conducting a judicial or administrative proceeding and
statements made in depositions, answers to interrogatories,
declarations, affidavits, or other similar documents.
Sec. 230.12 Can Office of Inspector General employees testify or
produce documents that would assist me in my civil proceeding?
No current or former employee within the Office of Inspector General
may testify or produce documents concerning information acquired in the
course of employment or as a result of his or her relationship with the
Postal Service in any proceeding to which this subpart applies (see
Sec. 230.10), unless authorized to do so by an authorizing official.
Sec. 230.13 Why are restrictions on Office of Inspector General
employees in civil proceedings necessary?
The restrictions are intended to reduce the risk of inappropriate
disclosures that might affect the operations of the Office of Inspector
General; prevent the expenditure of Office of Inspector General or
Postal Service resources for private purposes; and ensure that employee
time is serving the best interests of the public.
Sec. 230.14 Who owns the written or recorded notes, memoranda,
reports, and transcriptions made pursuant to an official investigation,
audit, or review
conducted by an employee of the Office of Inspector General?
Notes, memoranda, reports, and transcriptions, whether written or
recorded and made pursuant to an official investigation, audit, or
review conducted by an employee of the Office of Inspector
[[Page 38]]
General, are the property of the Office of Inspector General.
Sec. 230.15 What must an Office of Inspector General employee
do if served with a demand requiring the production of documents
or an appearance in court?
If an Office of Inspector General employee is served with a demand
requiring the production of documents or an appearance in court, the
employee must promptly inform the authorizing official of the nature of
the documents or testimony sought and all relevant facts and
circumstances. Office of Inspector General employees are directed to
appear as the subpoena or summons may require, but may not testify or
produce documents unless authorized.
Sec. 230.16 Is there a prohibition on presenting Office of Inspector
General reports or records during an employee's testimony?
Yes, Office of Inspector General reports or records will not be
presented during an employee's testimony, unless authorized by an
authorizing official.
Sec. 230.17 If an attempt is made to compel production of reports
and records during the employee's testimony, what is an Office of
Inspector General employee
directed to do?
If an attempt is made to compel production of reports and records
during the employee's testimony, the employee is directed to decline to
produce the item or information and to state that the material cannot be
disclosed or produced without the approval of the authorizing official.
All such requests, and any other requests for documents in judicial or
administrative proceedings in which the United States is not a party,
shall be deemed to be a request for records under the Freedom of
Information Act and shall be handled pursuant to 39 CFR 230.5.
Sec. 230.18 If authorization to testify or produce documents is not
obtained by the employee, what is the employee directed to do?
Absent written authorization from the authorizing official, the
employee must respectfully decline to produce the requested documents,
testify, or otherwise disclose the requested information. If the
authorization is denied or not received by the return date, the
employee, together with counsel, where appropriate, shall appear at the
stated time and place, produce a copy of this section, and respectfully
decline to testify or produce any document on the basis of the
regulations in this section.
Sec. 230.19 What criteria will the authorizing official use to
determine whether to authorize testimony or production of documents?
(a) The authorizing official will determine whether testimony or the
production of documents will be authorized according to the following
criteria:
(1) Statutory restrictions, as well as any legal objection,
exemption, or privilege that may apply;
(2) Relevant legal standards for disclosure of nonpublic information
and documents;
(3) Office of Inspector General rules and regulations;
(4) The public interest;
(5) Minimizing or preventing expenditures of Office of Inspector
General and Postal Service time and resources solely for private
purposes.
(6) Minimizing the appearance of improperly favoring one litigant
over another;
(7) Minimizing the possibility that the public will misconstrue
variances between personal opinions of Office of Inspector General
employees and agency policy; and
(8) Preserving the integrity of the administrative process.
(b) Permission to testify or to release documents in all cases will
be limited to matters outlined in the affidavit or declaration described
in section 230.24 of this part or to such matters as deemed appropriate
by the authorizing official. If the authorizing official allows the
release of documents or testimony to be given by an employee,
arrangements shall be made for the taking of testimony or receipt of
documents by the method least disruptive to the employee's official
duties. Testimony may, for example, be provided by affidavits, answers
to interrogatories, written depositions, or depositions transcribed,
recorded, or preserved by any other means allowable by law.
[[Page 39]]
(c) Upon issuance of an unfavorable final determination by the
authorizing official, the party or the party's counsel seeking testimony
or documents may consult or negotiate with the authorizing official to
refine and limit the demand.
(d) The Office of Inspector General will offer all possible
assistance to the courts, but the question of disclosing information for
which an exemption may be claimed is a matter of discretion that rests
with the authorizing official. If in the opinion of the authorizing
official the documents should not be released or testimony should not be
furnished, that determination will be final.
Sec. 230.20 What records will not be released?
Generally, any record demanded by a subpoena duces tecum or
appropriate court order can be released by a properly authorized Office
of Inspector General employee, except for the following:
(a) Records required to remain confidential by the Freedom of
Information Act, the Privacy Act, and parts 230 and 262 of this chapter,
(b) Records containing information relating to an employee's
security or loyalty;
(c) Original records;
(d) Office of Inspector General criminal investigative reports,
unless there is specific authorization by an authorizing official, after
consulting with General Counsel to the Inspector General; and
(e) The Office of Inspector General Manual and other operating
instructions issued to Office of Inspector General employees, unless
there is specific authorization by an authorizing official, after
consultation with the General Counsel to the Inspector General. If the
requested information relates to confidential investigative techniques,
confidential sources of information, or information that must be kept
confidential under the Inspector General Act, 5 U.S.C. app. 3, because
release of the information would adversely affect the duties and
obligations or law enforcement mission of the Office of Inspector
General, the subpoenaed official, through the Inspector General, or an
authorizing official, may request an in camera, ex parte conference to
determine the necessity for the release of the information.
Sec. 230.21 May the General Counsel to the Inspector General and/or a
U.S. Department of Justice attorney represent the employee in any
appearance?
At the option of the Attorney General, or an authorizing official,
an Office of Inspector General legal counsel may represent and assist
the employee. The authorizing official designated by the Inspector
General may also request assistance from the U.S. Department of Justice
in representing and assisting the employee in any appearance.
Sec. 230.22 May another employee be substituted for the employee
requested to appear?
The Inspector General or designee may, where appropriate, designate
another Office of Inspector General employee to respond to a request for
an appearance.
Sec. 230.23 May an Office of Inspector General employee testify as
an expert or opinion witness?
No, an Office of Inspector General employee may not testify as an
expert or opinion witness with regard to any matter arising out of the
employee's duties or functions at the Office of Inspector General for
any party other than the United States, except that in extraordinary
circumstances, and where the anticipated testimony will not be adverse
to the interest of the United States, the authorizing official may
approve such testimony in private litigation. A litigant must first
obtain the permission of an authorizing official designated by the
Inspector General before designating an Office of Inspector General
employee as an expert or opinion witness.
Sec. 230.24 How is a demand for employee documents or testimony
made to the Office of Inspector General?
(a) All demands for the production of nonpublic documents or
testimony of Office of Inspector General employees concerning matters
relating to their official duties and subject to the conditions set
forth in Sec. 230.10(b) shall be
[[Page 40]]
made in writing and conform to the requirements outlined in paragraph
(b) of this section.
(b) Before or simultaneously with service of a demand, the
requesting party shall serve on the General Counsel to the Inspector
General at the Office of Inspector General, 1735 North Lynn Street,
Arlington, VA 22209-2020, a summons or subpoena issued in accordance
with the appropriate rules of civil procedure along with an affidavit or
sworn declaration containing the following information:
(1) The title of the case and the forum where it will be heard;
(2) The party's interest in the case;
(3) The reasons for the demand;
(4) A showing that the requested information is available, by law,
to a party outside the Postal Service;
(5) If testimony is sought, a detailed summary of the anticipated
testimony;
(6) If testimony is sought, a showing that Office of Inspector
General records could not be provided and used in place of the requested
testimony;
(7) The intended use of the documents or testimony; and
(8) An affirmative statement that the documents or testimony is
necessary for defending or prosecuting the case at issue.
[68 FR 57372, Oct. 3, 2003, as amended at 71 FR 11161, Mar. 6, 2006]
Sec. 230.25 Who pays the costs incurred when the Office of Inspector
General responds to a demand for documents or testimony?
(a) Unless determined by 28 U.S.C. 1821 or other applicable statute,
the costs of providing testimony, including the cost of transcripts,
shall be borne by the requesting party. Furthermore, unless limited by
statute, such costs shall also include reimbursement to the Office of
Inspector General for the usual and ordinary expenses attendant upon the
employee's absence from his or her official duties in connection with
the case or matter, including the employee's salary and applicable
overhead charges, and any necessary travel expenses as follows:
(1) The Office of Inspector General is authorized to charge
reasonable fees to parties demanding documents or information. Such
fees, calculated to reimburse the Office of Inspector General for the
cost of responding to a demand, may include the costs of time expended
by Office of Inspector General employees, including attorneys, to
process and respond to the demand; attorney time for reviewing the
demand and for legal work in connection with the demand; expenses
generated by equipment used to search for, produce, and copy the
requested information; and travel costs of the employee and the agency
attorney or other representative, including lodging and per diem. Such
fees shall be assessed at the rates and in the manner specified in 39
CFR 265.9.
(2) At the discretion of the Office of Inspector General where
appropriate, fees and costs may be estimated and collected before
testimony is given.
(b) The provisions of Subpart B do not affect rights and procedures
governing public access to official documents pursuant to the Freedom of
Information Act, 5 U.S.C. 552a.
Sec. 230.26 Do these rules affect the service of process requirements
of the Federal Rules of Civil Procedure (28 U.S.C. Appendix)?
No, the rules in subpart B in no way modify the requirements of the
Federal Rules of Civil Procedure regarding service of process.
Sec. 230.27 Do these rules create any right or benefit enforceable by
a party against the Postal Service?
No, subpart B is intended to provide instructions to Office of
Inspector General employees and members of the public. It does not
create any right or benefit, substantive or procedural, enforceable by
any party against the Office of Inspector General or the Postal Service.
PART 231_PROTECTION OF POST OFFICES--Table of Contents
Sec.
231.1 Responsibility.
231.2 Security Control Officer.
Sec. 231.1 Responsibility.
(a) The protection of mail, postal funds, and property is a
responsibility of every postal employee.
[[Page 41]]
(b) The Chief Postal Inspector is designated as the Security Officer
for the U.S. Postal Service. That official is responsible for the
issuance of instructions and regulations pertaining to security
requirements within the Postal Service.
(39 U.S.C. 401)
[36 FR 4762, Mar. 12, 1971]
Sec. 231.2 Security Control Officer.
The postmaster or a supervisor designated by the postmaster shall
act as Security Control Officer for each post office. The Security
Control Officer shall be responsible for the general security of the
post office, its stations and branches, in accordance with rules and
regulations issued by the Chief Postal Inspector.
(39 U.S.C. 401)
[36 FR 4762, Mar. 12, 1971]
PART 232_CONDUCT ON POSTAL PROPERTY--Table of Contents
Authority: 18 U.S.C. 13, 3061; 21 U.S.C. 802, 844; 39 U.S.C. 401,
403(b)(3), 404(a)(7), 1201(2).
Sec. 232.1 Conduct on postal property.
(a) Applicability. This section applies to all real property under
the charge and control of the Postal Service, to all tenant agencies,
and to all persons entering in or on such property. This section shall
be posted and kept posted at a conspicuous place on all such property.
This section shall not apply to--
(i) Any portions of real property, owned or leased by the Postal
Service, that are leased or subleased by the Postal Service to private
tenants for their exclusive use;
(ii) With respect to sections 232.1(h)(1) and 232.1(o), sidewalks
along the street frontage of postal property falling within the property
lines of the Postal Service that are not physically distinguishable from
adjacent municipal or other public sidewalks, and any paved areas
adjacent to such sidewalks that are not physically distinguishable from
such sidewalks.
(b) Inspection, recording presence. (1) Purses, briefcases, and
other containers brought into, while on, or being removed from the
property are subject to inspection. However, items brought directly to a
postal facility's customer mailing acceptance area and deposited in the
mail are not subject to inspection, except as provided by section 274 of
the Administrative Support Manual. A person arrested for violation of
this section may be searched incident to that arrest.
(2) Vehicles and their contents brought into, while on, or being
removed from restricted nonpublic areas are subject to inspection. A
prominently displayed sign shall advise in advance that vehicles and
their contents are subject to inspection when entering the restricted
nonpublic area, while in the confines of the area, or when leaving the
area. Persons entering these areas who object and refuse to consent to
the inspection of the vehicle, its contents, or both, may be denied
entry; after entering the area without objection, consent shall be
implied. A full search of a person and any vehicle driven or occupied by
the person may accompany an arrest.
(3) Except as otherwise ordered, properties must be closed to the
public after normal business hours. Properties also may be closed to the
public in emergency situations and at such other times as may be
necessary for the orderly conduct of business. Admission to properties
during periods when such properties are closed to the public may be
limited to authorized individuals who may be required to sign the
register and display identification documents when requested by security
force personnel or other authorized individuals.
(c) Preservation of property. Improperly disposing of rubbish,
spitting, creating any hazard to persons or things, throwing articles of
any kind from a building, climbing upon the roof or any part of a
building, or willfully destroying, damaging, or removing any property or
any part thereof, is prohibited.
(d) Conformity with signs and directions. All persons in and on
property shall comply with official signs of a prohibitory or directory
nature, and with the directions of security force personnel or other
authorized individuals.
[[Page 42]]
(e) Disturbances. Disorderly conduct, or conduct which creates loud
and unusual noise, or which impedes ingress to or egress from post
offices, or otherwise obstructs the usual use of entrances, foyers,
corridors, offices, elevators, stairways, and parking lots, or which
otherwise tends to impede or disturb the public employees in the
performance of their duties, or which otherwise impedes or disturbs the
general public in transacting business or obtaining the services
provided on property, is prohibited.
(f) Gambling. Participating in games for money or other personal
property, the operation of gambling devices, the conduct of a lottery or
pool, or the selling or purchasing of lottery tickets, is prohibited on
postal premises. This prohibition does not apply to the vending or
exchange of State Lottery tickets at vending facilities operated by
licensed blind persons where such lotteries are authorized by state law.
(See Domestic Mail Manual 123.351 and 123.42; Administrative Support
Manual 221.42; Regional Instructions, Part 782, section IV G 2c.)
(g) Alcoholic beverages, drugs, and smoking. (1) A person under the
influence of an alcoholic beverage or any drug that has been defined as
a ``controlled substance'' may not enter postal property or operate a
motor vehicle on postal property. The possession, sale, or use of any
``controlled substance'' (except when permitted by law) or the sale or
use of any alcoholic beverage (except as authorized by the Postmaster
General or designee) on postal premises is prohibited. The term
``controlled substance'' is defined in section 802 of title 21 U.S.C.
(2) Smoking (defined as having a lighted cigar, cigarette, pipe, or
other smoking material) is prohibited in all postal buildings and office
space, including public lobbies.
(h) Soliciting, electioneering, collecting debts, vending, and
advertising. (1) Soliciting alms and contributions, campaigning for
election to any public office, collecting private debts, soliciting and
vending for commercial purposes (including, but not limited to, the
vending of newspapers and other publications), displaying or
distributing commercial advertising, collecting signatures on petitions,
polls, or surveys (except as otherwise authorized by Postal Service
regulations), are prohibited. These prohibitions do not apply to:
(i) Commercial or nonprofit activities performed under contract with
the Postal Service or pursuant to the provisions of the Randolph-
Sheppard Act;
(ii) Posting notices on bulletin boards as authorized in Sec.
243.2(a) of this chapter;
(iii) The solicitation of Postal Service and other Federal military
and civilian personnel for contributions by recognized agencies as
authorized by the Manual on Fund Raising Within the Federal Service,
issued by the Chairman of the U.S. Civil Service Commission under
Executive Order 10927 of March 13, 1961.
(2) Solicitations and other actions which are prohibited by
paragraph (h)(1) of this section when conducted on Postal Service
property should not be directed by mail or telephone to postal employees
on Postal Service property. The Postal Service will not accept or
distribute mail or accept telephone calls directed to its employees
which are believed to be contrary to paragraph (h)(1) of this section.
(3) Leafleting, distributing literature, picketing, and
demonstrating by members of the public are prohibited in lobbies and
other interior areas of postal buildings open to the public. Public
assembly and public address, except when conducted or sponsored by the
Postal Service, are also prohibited in lobbies and other interior areas
of postal building open to the public.
(4) Voter registration. Voter registration may be conducted on
postal premises only with the approval of the postmaster or installation
head provided that all of the following conditions are met:
(i) The registration must be conducted by government agencies or
nonprofit civic leagues or organizations that operate for the promotion
of social welfare but do not participate or intervene in any political
campaign on behalf of any candidate or political party for any public
office.
(ii) Absolutely no partisan or political literature may be
available, displayed, or distributed. This includes
[[Page 43]]
photographs, cartoons, and other likenesses of elected officials and
candidates for public office.
(iii) The registration is permitted only in those areas of the
postal premises regularly open to the public.
(iv) The registration must not interfere with the conduct of postal
business, postal customers, or postal operations.
(v) The organization conducting the voter registration must provide
and be responsible for any equipment and supplies.
(vi) Contributions may not be solicited.
(vii) Access to the workroom floor is prohibited.
(viii) The registration activities are limited to an appropriate
period before an election.
(5) Except as part of postal activities or activities associated
with those permitted under paragraph (h)(4) of this section, no tables,
chairs, freestanding signs or posters, structures, or furniture of any
type may be placed in postal lobbies or on postal walkways, steps,
plazas, lawns or landscaped areas, driveways, parking lots, or other
exterior spaces.
(i) Photographs for news, advertising, or commercial purposes.
Except as prohibited by official signs or the directions of security
force personnel or other authorized personnel, or a Federal court order
or rule, photographs for news purposes may be taken in entrances,
lobbies, foyers, corridors, or auditoriums when used for public
meetings. Other photographs may be taken only with the permission of the
local postmaster or installation head.
(j) Dogs and other animals. Dogs and other animals, except those
used to assist persons with disabilities, must not be brought upon
postal property for other than official purposes.
(k) Vehicular and pedestrian traffic. (1) Drivers of all vehicles in
or on property shall be in possession of a current and valid state or
territory issued driver's license and vehicle registration, and the
vehicle shall display all current and valid tags and licenses required
by the jurisdiction in which it is registered.
(2) Drivers who have had their privilege or license to drive
suspended or revoked by any state or territory shall not drive any
vehicle in or on property during such period of suspension or
revocation.
(3) Drivers of all vehicles in or on property shall drive in a
careful and safe manner at all times and shall comply with the signals
and directions of security force personnel, other authorized
individuals, and all posted traffic signs.
(4) The blocking of entrances, driveways, walks, loading platforms,
or fire hydrants in or on property is prohibited.
(5) Parking without authority, parking in unauthorized locations or
in locations reserved for other persons, or continuously in excess of 18
hours without permission, or contrary to the direction of posted signs
is prohibited. This section may be supplemented by the postmaster or
installation head from time to time by the issuance and posting of
specific traffic directives as may be required. When so issued and
posted such directives shall have the same force and effect as if made a
part hereof.
(l) Weapons and explosives. Notwithstanding the provisions of any
other law, rule or regulation, no person while on postal property may
carry firearms, other dangerous or deadly weapons, or explosives, either
openly or concealed, or store the same on postal property, except for
official purposes.
(m) Nondiscrimination. There must be no discrimination by
segregation or otherwise against any person or persons because of race,
color, religion, national origin, sex, age (persons 40 years of age or
older are protected), reprisal (discrimination against a person for
having filed or for having participated in the processing of an EEO
complaint--29 CFR 1613.26l-262), or physical or mental handicap, in
furnishing, or by refusing to furnish to such person or persons the use
of any facility of a public nature, including all services, privileges,
accommodations, and activities provided on postal property.
(n) Conduct with regard to meetings of the Board of Governors. (1)
Without the permission of the chairman no person may participate in,
film, televise, or broadcast any portion of any meeting
[[Page 44]]
of the Board or any subdivision or committee of the Board. Any person
may electronically record or photograph a meeting, as long as that
action does not tend to impede or disturb the members of the Board in
the performance of their duties, or members of the public while
attempting to attend or observe a meeting.
(2) Disorderly conduct, or conduct which creates loud or unusual
noise, obstructs the ordinary use of entrances, foyers, corridors,
offices, meeting rooms, elevators, stairways, or parking lots, or
otherwise tends to impede or disturb the members of the Board in the
performance of their duties, or members of the public while attempting
to attend or observe a meeting of the Board or of any subdivision, or
committee of the Board, is prohibited.
(3) Any person who violates paragraph (n) (1) or (2) of this section
may, in addition to being subject to the penalties prescribed in
paragraph (p) of this section, be removed from and barred from
reentering postal property during the meeting with respect to which the
violation occurred.
(4) A copy of the rules of this section governing conduct on postal
property, including the rules of this paragraph appropriately
highlighted, shall be posted in prominent locations at the public
entrances to postal property and outside the meeting room at any meeting
of the Board of Governors or of any subdivision or committee of the
Board.
(o) Depositing literature. Depositing or posting handbills, flyers,
pamphlets, signs, poster, placards, or other literature, except official
postal and other Governmental notices and announcements, on the grounds,
walks, driveways, parking and maneuvering areas, exteriors of buildings
and other structures, or on the floors, walls, stairs, racks, counters,
desks, writing tables, window-ledges, or furnishings in interior public
areas on postal premises, is prohibited. This prohibition does not apply
to:
(1) Posting notices on bulletin boards as authorized in Sec.
243.2(a) of this chapter;
(2) Interior space assigned to tenants for their exclusive use;
(3) Posting of notices by U.S. Government-related organizations such
as the Inaugural Committee as defined in 36 U.S.C. 721.
(p) Penalties and other law. (1) Alleged violations of these rules
and regulations are heard, and the penalties prescribed herein are
imposed, either in a Federal district court or by a Federal magistrate
in accordance with applicable court rules. Questions regarding such
rules should be directed to the regional counsel for the region
involved.
(2) Whoever shall be found guilty of violating the rules and
regulations in this section while on property under the charge and
control of the Postal Service is subject to fine of not more than $50 or
imprisonment of not more than 30 days, or both. Nothing contained in
these rules and regulations shall be construed to abrogate any other
Federal laws or regulations of any State and local laws and regulations
applicable to any area in which the property is situated.
(q) Enforcement. (1) Members of the U.S. Postal Service security
force shall exercise the powers provided by 18 U.S.C. 3061(c)(2) and
shall be responsible for enforcing the regulations in this section in a
manner that will protect Postal Service property and persons thereon.
(2) Local postmasters and installation heads may, pursuant to 40
U.S.C. 1315(d)(3) and with the approval of the chief postal inspector or
his designee, enter into agreements with State and local enforcement
agencies to insure that these rules and regulations are enforced in a
manner that will protect Postal Service property.
(3) Postal Inspectors, Office of Inspector General Criminal
Investigators, and other persons designated by the Chief Postal
Inspector may likewise enforce regulations in this section.
[37 FR 24346, Nov. 16, 1972, as amended at 38 FR 27824, Oct. 9, 1973; 41
FR 23955, June 14, 1976; 42 FR 17443, Apr. 1, 1977; 43 FR 38825, Aug.
31, 1978; 46 FR 898, Jan. 5, 1981. Redesignated and amended at 46 FR
34330, July 1, 1981; 47 FR 32113, July 26, 1982; 53 FR 29460, Aug. 5,
1988; 54 FR 20527, May 12, 1989; 57 FR 36903, Aug. 17, 1993; 57 FR
38443, Aug. 25, 1992; 63 FR 34600, June 25, 1998; 70 FR 72078, Dec. 1,
2005; 71 FR 11161, Mar. 6, 2006; 72 FR 11288, Mar. 13, 2007; 72 FR
12565, Mar. 16, 2007]
[[Page 45]]
PART 233_INSPECTION SERVICE AUTHORITY--Table of Contents
Sec.
233.1 Arrest and investigative powers of Postal Inspectors.
233.2 Circulars and rewards.
233.3 Mail covers.
233.4 Withdrawal of mail privileges.
233.5 Requesting financial records from a financial institution.
233.6 Test purchases under 39 U.S.C. 3005(e).
233.7 Forfeiture authority and procedures.
233.8 Expedited forfeiture proceedings for property seized for
administrative forfeiture involving controlled substances in
personal use quantities.
233.9 Expedited release of conveyances being forfeited in a judicial
forfeiture proceeding for a drug-related offense.
233.10 Notice provisions.
233.11 Mail reasonably suspected of being dangerous to persons or
property.
233.12 Civil penalties.
Authority: 39 U.S.C. 101, 102, 202, 204, 401, 402, 403, 404, 406,
410, 411, 1003, 3005(e)(1); 12 U.S.C. 3401-3422; 18 U.S.C. 981, 1956,
1957, 2254, 3061; 21 U.S.C. 881; Omnibus Budget Reconciliation Act of
1996, sec. 662 (Pub. L. No. 104-208).
Sec. 233.1 Arrest and investigative powers of Postal Inspectors.
(a) Authorization. Postal Inspectors are authorized to perform the
following functions in connection with their official duties:
(1) Serve warrants and subpoenas issued under the authority of the
United States;
(2) Make arrests without warrant for offenses against the United
States committed in their presence;
(3) Make arrests without warrant for felonies cognizable under the
laws of the United States if they have reasonable grounds to believe
that the person to be arrested has committed or is committing such a
felony;
(4) Carry firearms; and
(5) Make seizures of property as provided by law.
(b) Limitations. The powers granted by paragraph (a) of this section
shall be exercised only--
(1) In the enforcement of laws regarding property in the custody of
the Postal Service, property of the Postal Service, the use of the
mails, and other postal offenses; and
(2) To the extent authorized by the Attorney General pursuant to
agreement between the Attorney General and the Postal Service, in the
enforcement of other laws of the United States, if the Attorney General
determines that the violation of such laws will have a detrimental
effect upon the operations of the Postal Service.
(c) Administrative subpoenas may be served by delivering a copy to a
person or by mailing a copy to his or her last known address. For the
purposes of this provision, delivery of a copy includes handing it to
the party or leaving it at the party's office or residence with a person
of suitable age and discretion employed or residing therein. Service by
mail is complete upon mailing.
(d) In conducting any investigation, Postal Inspectors are
authorized to accept, maintain custody of, and deliver mail.
[36 FR 4762, Mar. 12, 1971, as amended at 38 FR 19124, July 18, 1973.
Redesignated at 46 FR 34330, July 1, 1981; 52 FR 12901, Apr. 20, 1987;
56 FR 55823, Oct. 30, 1991; 60 FR 5581, Jan. 30, 1995; 67 FR 16024, Apr.
4, 2002]
Sec. 233.2 Circulars and rewards.
(a) Wanted circulars. The Inspection Service issues wanted circulars
to assist in locating and arresting fugitive postal offenders. Post
these circulars in the most conspicuous place in the post office lobby
and in other prominent places. Post near the Notice of Reward sign.
Telephone or telegraph immediately to the postal inspector in charge any
information on the possible location of the person wanted. Remove and
destroy circulars immediately when notified of their cancellation or
when the circular is not listed in the periodic Postal Bulletin notices
of current wanted circulars.
(b) Rewards. (1) Rewards will be paid up to the amounts and under
the conditions stated in Poster 296, Notice of Reward, for the arrest
and conviction of persons for the following postal offenses:
(i) Robbery or attempted robbery.
(ii) Mailing or causing to be mailed bombs, explosives, poison,
weapons of mass destruction, or controlled substances.
(iii) Post office burglary.
(iv) Stealing or unlawful possession of mail or money or property of
the
[[Page 46]]
United States under the custody or control of the Postal Service,
including property of the Postal Service.
(v) Destroying, obstructing or retarding the passage of mail.
(vi) Altering, counterfeiting, forging, unlawful uttering or passing
of postal money orders; or the unlawful use, counterfeiting or forgery
of postage stamps or other postage; or the use, sale or possession with
intent to use or sell, any forged or counterfeited postage stamp or
other postage.
(vii) Assault on postal employee.
(viii) Murder or manslaughter of a postal employee.
(ix) Mailing or receiving through the mail any visual depiction
involving the use of a minor engaging in sexually explicit conduct, or
the use of the mail to facilitate any crime relating to the sexual
exploitation of children.
(x) Mailing or causing to be mailed any money which has been
obtained illegally, or the use of Postal Money Orders to launder illicit
proceeds.
(2) The postmaster or a designated employee should personally
present reward notices to representatives of firms transporting mail,
security or detective units of firms, police officers, sheriffs and
their deputies, if practicable, and encourage their cooperation in
protecting mail and Postal Service property. (See 273.14 of the
Administrative Support Manual).
Note: The text of Poster 296, referred to in paragraph (b)(1) of
this section, reads as follows:
The United States Postal Service offers a reward up to the amounts shown
for information and services leading to the arrest and conviction of any
person for the following offenses:
Murder or Manslaughter, $100,000. The unlawful killing of any
officer or employee of the Postal Service while engaged in or on account
of the performance of their official duties.
Bombs or Explosives, $100,000. Mailing or causing to be mailed any
bombs or explosives which may kill or harm another, or injure the mails
or other property, or the placing of any bomb or explosive in a postal
facility, vehicle, depository or receptacle established, approved or
designated by the Postmaster General for the receipt of mail.
Offenses Involving the Mailing of Threatening Communications,
Weapons of Mass Destruction, Poisons, or Hazardous Materials, $100,000.
Mailing or causing to be mailed any threatening communications, actual
or simulated weapons of mass destruction, dangerous chemicals or
biological materials, which may kill or injure another, or injure the
mails or other property.
Assault on Postal Employees, $50,000. Forcibly assaulting any
officer or employee of the Postal Service while engaged in or on account
of the performance of their official duties.
Controlled Substances, Illegal Drugs, or Cash Proceeds from Illegal
Drugs, $50,000. Mailing or causing to be mailed any controlled
substances, illegal drugs, or proceeds from the sale of illegal drugs.
Money Laundering, $50,000. Mailing or causing to be mailed any money
which has been obtained illegally, or the use of postal money orders to
launder illicit proceeds.
Postage or Meter Tampering, $50,000. The unlawful use, reuse, or
forgery of postage stamps, postage meter stamps, permit imprints or
other postage; or the use, sale or possession with intent to use or
sell, any used, forged or counterfeited postage stamp or other postage.
Robbery, $50,000. Robbery or attempted robbery of any custodian of
any mail, or money or other property of the United States under the
control and jurisdiction of the United States Postal Service.
Sexual Exploitation of Children, $50,000. The use of the mails to
traffic in child pornography, or facilitate any other crime relating to
the sexual exploitation of children.
Burglary of Post Office, $10,000. Breaking into, or attempting to
break into, a post office, station, branch, or building used wholly or
partially as a post office, or any building or area in a building where
the business of the Postal Service is conducted, with intent to commit a
larceny or other depredation therein.
Offenses Involving Postal Money Orders, $10,000. Theft or possession
of stolen postal money orders or any Postal Service equipment used to
imprint money orders; or altering, counterfeiting, forging, unlawful
uttering, or passing of postal money orders.
Theft, Possession, Destruction, or Obstruction of Mail, $10,000.
Theft or attempted theft of any mail, or the contents thereof, or the
theft of money or any other property of the United States under the
custody and control of the United States Postal Service from any
custodian, postal vehicle, railroad depot, airport, or other transfer
point, post office or station or receptacle or depository established,
approved, or designated by the Postmaster General for the receipt of
mail; or destroying, obstructing, or retarding the passage of mail, or
any carrier or conveyance carrying the mail.
Workers' Compensation Fraud, $10,000. Defrauding the Workers'
Compensation Program by any current or former postal employee.
Related Offenses
[[Page 47]]
The United States Postal Service also offers rewards as stated above
for information and services leading to the arrest and conviction of any
person: (1) For being an accessory to any of the above crimes; (2) for
receiving or having unlawful possession of any mail, money or property
secured through the above crimes; and (3) for conspiracy to commit any
of the above crimes.
General Provisions
1. The Postal Inspection Service investigates the above described
crimes. Information concerning the violations, requests for applications
for rewards, and written claims for rewards should be furnished to the
nearest Postal Inspector. The written claim for reward payment must be
submitted within six months from the date of conviction of the offender,
or the date of formally deferred prosecution or the date of the
offender's death, if killed in committing a crime or resisting lawful
arrest for one of the above offenses.
2. The amount of any reward will be based on the significance of
services rendered, character of the offender, risks and hazards
involved, time spent, and expenses incurred. Amounts of rewards shown
above are the maximum amounts which will be paid.
3. The term ``custodian'' as used herein includes any person having
lawful charge, control, or custody of any mail matter, or any money or
other property of the United States under the control and jurisdiction
of the United States Postal Service.
4. The Postal Service reserves the right to reject a claim for
reward where there has been collusion, criminal involvement, or improper
methods have been used to effect an arrest or to secure a conviction. It
has the right to allow only one reward when several persons were
convicted of the same offense, or one person was convicted of several of
the above offenses. Postal employees are not eligible to receive a
reward for the offenses listed above, other than Workers' Compensation
fraud. Employees assigned to the Postal Inspection Service, the General
Counsel's office, and those who manage or administer the Injury
Compensation Program are not eligible to receive rewards.
5. Other rewards not specifically referred to in this notice may be
offered upon the approval of the Chief Postal Inspector (39 U.S.C.
404(a)(8)).
(c) The Chief Postal Inspector or his delegate is authorized to pay
a reward to any person who provides information leading to the detection
of persons or firms who obtain, or seek to obtain, funds, property, or
services from the Postal Service based upon false or fraudulent
activities, statements or claims. The decision as to whether a reward
shall be paid and the amount thereof shall be solely within the
discretion of the Chief Postal Inspector or his delegate and the
submission of information or a claim for a reward shall not establish a
contractual right to receive any reward. The reward shall not exceed
one-half of the amount collected by the Postal Service as a result of
civil or criminal proceedings to recover losses or penalties as a result
of false or fraudulent claims or statements submitted to the Postal
Service. Postal employees assigned to the Postal Inspection Service or
the Law Department are not eligible to receive a reward under this
section for information obtained while so employed. The Chief Inspector
may establish such procedures and forms as may be desirable to give
effect to this section including procedures to protect the identity of
persons claiming rewards under this section.
[36 FR 4673, Mar. 12, 1971, as amended at 42 FR 43836, Aug. 31, 1977.
Redesignated at 46 FR 34330, July 1, 1981, and amended at 47 FR 26832,
June 22, 1982; 47 FR 46498, Oct. 19, 1982; 49 FR 15191, Apr. 18, 1984;
54 FR 37795, Sept. 13, 1989; 55 FR 32251, Aug. 8, 1990; 59 FR 5326, Feb.
4, 1994; 60 FR 54305, Oct. 23, 1995; 63 FR 52160, Sept. 30, 1998; 69 FR
16166, Mar. 29, 2004]
Sec. 233.3 Mail covers.
(a) Policy. The U.S. Postal Service maintains rigid control and
supervision with respect to the use of mail covers as an investigative
technique for law enforcement or the protection of national security.
(b) Scope. These regulations constitute the sole authority and
procedure for initiating a mail cover, and for processing, using and
disclosing information obtained from mail covers.
(c) Definitions. For purpose of these regulations, the following
terms are hereby defined.
(1) Mail cover is the process by which a nonconsensual record is
made of any data appearing on the outside cover of any sealed or
unsealed class of mail matter, or by which a record is made of the
contents of any unsealed class of mail matter as allowed by law, to
obtain information in order to:
(i) Protect national security,
(ii) Locate a fugitive,
(iii) Obtain evidence of commission or attempted commission of a
crime,
[[Page 48]]
(iv) Obtain evidence of a violation or attempted violation of a
postal statute, or
(v) Assist in the identification of property, proceeds or assets
forfeitable under law.
(2) For the purposes of Sec. 233.3 record is a transcription,
photograph, photocopy or any other facsimile of the image of the outside
cover, envelope, wrapper, or contents of any class of mail.
(3) Sealed mail is mail on which appropriate postage is paid, and
which under postal laws and regulations is included within a class of
mail maintained by the Postal Service for the transmission of mail
sealed against inspection, including First-Class Mail, Express Mail,
international letter mail, and mailgram messages.
(4) Unsealed mail is mail on which appropriate postage for sealed
mail has not been paid and which under postal laws or regulations is not
included within a class of mail maintained by the Postal Service for the
transmission of mail sealed against inspection. Unsealed mail includes
second-, third-, and fourth-class mail, and international parcel post
mail.
(5) Fugitive is any person who has fled from the United States or
any State, the District of Columbia, territory or possession of the
United States, to avoid prosecution for a crime, to avoid punishment for
a crime, or to avoid giving testimony in a criminal proceeding.
(6) Crime, for the purposes of this section, is any commission of an
act or the attempted commission of an act that is punishable by law by
imprisonment for a term exceeding one year.
(7) Postal statute refers to a statute describing criminal activity,
regardless of the term of imprisonment, for which the Postal Service has
investigative authority, or which is directed against the Postal
Service, its operations, programs, or revenues.
(8) Law enforcement agency is any authority of the Federal
Government or any authority of a State or local government, one of whose
functions is to:
(i) Investigate the commission or attempted commission of acts
constituting a crime, or
(ii) Protect the national security.
(9) Protection of the national security means to protect the United
States from any of the following actual or potential threats to its
security by a foreign power or its agents:
(i) An attack or other grave, hostile act;
(ii) Sabotage, or international terrorism; or
(iii) Clandestine intelligence activities, including commercial
espionage.
(10) Emergency situation refers to circumstances which require the
immediate release of information to prevent the loss of evidence or in
which there is a potential for immediate physical harm to persons or
property.
(d) Authorizations--Chief Postal Inspector. (1) The Chief Postal
Inspector is the principal officer of the Postal Service in the
administration of all matters governing mail covers. The Chief Postal
Inspector may delegate any or all authority in this regard to not more
than two designees at Inspection Service Headquarters.
(2) Except for national security mail covers, the Chief Postal
Inspector may also delegate any or all authority to the Manager,
Inspector Service Operations Support Group, and, for emergency
situations, to Inspectors in Charge. The Manager, Inspection Service
Operations Support Group, may delegate this authority to no more than
two designees at each Operations Support Group.
(3) All such delegations of authority shall be issued through
official, written directives. Except for delegations at Inspection
Service Headquarters, such delegations shall only apply to the
geographic areas served by the Manager, Inspection Service Operation
Support Group, or designee.
(e) The Chief Postal Inspector, or his designee, may order mail
covers under the following circumstances:
(1) When a written request is received from a postal inspector that
states reason to believe a mail cover will produce evidence relating to
the violation of a postal statute.
(2) When a written request is received from any law enforcement
agency in which the requesting authority specifies the reasonable
grounds to demonstrate the mail cover is necessary to:
(i) Protect the national security,
[[Page 49]]
(ii) Locate a fugitive,
(iii) Obtain information regarding the commission or attempted
commission of a crime, or
(iv) Assist in the identification of property, proceeds or assets
forfeitable because of a violation of criminal law.
(3) When time is of the essence, the Chief Postal Inspector, or
designee, may act upon an oral request to be confirmed by the requesting
authority in writing within three calendar days. Information may be
released by the Chief Postal Inspector or designee, prior to receipt of
the written request, only when the releasing official is satisfied that
an emergency situation exists.
(f)(1) Exceptions. A postal inspector, or a postal employee acting
at the direction of a postal inspector, may record the information
appearing on the envelope or outer wrapping, of mail without obtaining a
mail cover order, only under the circumstances in paragraph (f)(2) of
this section.
(2) The mail must be:
(i) Undelivered mail found abandoned or in the possession of a
person reasonably believed to have stolen or embezzled such mail,
(ii) Damaged or rifled, undelivered mail, or
(iii) An immediate threat to persons or property.
(g) Limitations. (1) No person in the Postal Service except those
employed for that purpose in dead-mail offices, may open, or inspect the
contents of, or permit the opening or inspection of sealed mail without
a federal search warrant, even though it may contain criminal or
otherwise nonmailable matter, or furnish evidence of the commission of a
crime, or the violation of a postal statute.
(2) No employee of the Postal Service shall open or inspect the
contents of any unsealed mail, except for the purpose of determining:
(i) Payment of proper postage, or
(ii) Mailability.
(3) No mail cover shall include matter mailed between the mail cover
subject and the subject's known attorney.
(4) No officer or employee of the Postal Service other than the
Chief Postal Inspector, Manager, Inspection Service Operations Support
Group, and their designees, are authorized to order mail covers. Under
no circumstances may a postmaster or postal employee furnish information
as defined in Sec. 233.3(c)(1) to any person, except as authorized by a
mail cover order issued by the Chief Postal Inspector or designee, or as
directed by a postal inspector under the circumstances described in
Sec. 233.3(f).
(5) Except for mail covers ordered upon fugitives or subjects
engaged, or suspected to be engaged, in any activity against the
national security, no mail cover order shall remain in effect for more
than 30 days, unless adequate justification is provided by the
requesting authority. At the expiration of the mail cover order period,
or prior thereto, the requesting authority may be granted additional 30-
day periods under the same conditions and procedures applicable to the
original request. The requesting authority must provide a statement of
the investigative benefit of the mail cover and anticipated benefits to
be derived from its extension.
(6) No mail cover shall remain in force longer than 120 continuous
days unless personally approved for further extension by the Chief
Postal Inspector or designees at National Headquarters.
(7) Except for fugitive cases, no mail cover shall remain in force
when an information has been filed or the subject has been indicted for
the matter for which the mail cover is requested. If the subject is
under investigation for further criminal violations, or a mail cover is
required to assist in the identification of property, proceeds or assets
forfeitable because of a violation of criminal law, a new mail cover
order must be requested consistent with these regulations.
(8) Any national security mail cover request must be approved
personally by the head of the law enforcement agency requesting the
cover or one designee at the agency's headquarters level. The head of
the agency shall notify the Chief Postal Inspector in writing of such
designation.
(h) Records. (1) All requests for mail covers, with records of
action ordered thereon, and all reports issued pursuant thereto, shall
be deemed within the custody of the Chief Postal Inspector. However, the
physical storage of this
[[Page 50]]
data shall be at the discretion of the Chief Postal Inspector.
(2) If the Chief Postal Inspector, or his designee, determines a
mail cover was improperly ordered, all data acquired while the cover was
in force shall be destroyed, and the requesting authority notified of
the discontinuance of the mail cover and the reasons therefor.
(3) Any data concerning mail covers shall be made available to any
mail cover subject in any legal proceeding through appropriate discovery
procedures.
(4) The retention period for files and records pertaining to mail
covers shall be 8 years.
(i) Reporting to requesting authority. Once a mail cover has been
duly ordered, authorization may be delegated to any employee in the
Postal Inspection Service to transmit mail cover reports directly to the
requesting authority.
(j) Review. (1) The Chief Postal Inspector, or his designee at
Inspection Service Headquarters shall periodically review mail cover
orders issued by the Manager, Inspection Service Operations Support
Group or their designees to ensure compliance with these regulations and
procedures.
(2) The Chief Postal Inspector shall select and appoint a designee
to conduct a periodic review of national security mail cover orders.
(3) The Chief Postal Inspector's determination in all matters
concerning mail covers shall be final and conclusive and not subject to
further administrative review.
(k) Military postal system. Section 233.3 does not apply to the
military postal system overseas or to persons performing military postal
duties overseas. Information about regulations prescribed by the
Department of Defense for the military postal system overseas may be
obtained from the Department of Defense.
[58 FR 36599, July 8, 1993, as amended at 61 FR 42557, Aug. 16, 1996]
Sec. 233.4 Withdrawal of mail privileges.
(a) False representation and lottery orders--(1) Issuance. Pursuant
to 39 U.S.C. 3005, the Judicial Officer of the Postal Service, acting
upon a satisfactory evidentiary basis, may issue a mail-stop order
against anyone seeking mailed remittance of money or property by means
of a false-representation or lottery scheme. Such orders provide for
return of mail and refund of postal money orders to remitters.
(2) Enforcement. Notice of these orders, including any necessary
instructions on enforcement responsibilities and procedures, is
published in the Postal Bulletin. Generally, an order against a domestic
enterprise is enforced only by the post office designated in the order.
All personnel processing mail for dispatch abroad assist in enforcing
orders against foreign enterprises by forwarding mail addressed to such
enterprises to designated post offices.
(b) Fictitious name or address and not residents of the place of
address orders--(1) Issuance. Pursuant to 39 U.S.C. 3003, 3004, when
there is satisfactory evidence that mail is addressed to a fictitious
name, title, or address used for any unlawful business, and no one has
established a right to have the mail delivered to him, or that mail is
addressed to places not the residence or regular business address of the
person for whom they are intended to enable the person to escape
identification, the Judicial Officer may, pursuant to Part 964, order
that the mail be returned to the sender.
(2) Notice. (i) The Chief Postal Inspector or his delegate must give
notice to the addressee of mail withheld from delivery pursuant to 39
U.S.C. 3003, 3004 that such action has been taken and advise him that he
may:
(A) Obtain such mail upon presenting proof of his identity and right
to receive such mail, or
(B) Petition the Judicial Officer for the return of such mail. (ii)
The notice must be in writing and served by personal service upon the
addressee or by Certified Mail (Return Receipt Requested) and by First
Class Mail.
(3) Enforcement. Notice of any order issued pursuant to 39 U.S.C.
3003, 3004, and any necessary implementing instructions, are published
in the Postal Bulletin.
[45 FR 1613, Jan. 8, 1980. Redesignated at 46 FR 34330, July 1, 1981,
and amended at 53 FR 1780, Jan. 22, 1988]
[[Page 51]]
Sec. 233.5 Requesting financial records from a financial institution.
(a) Definitions. The terms used in this section have the same
meaning as similar terms used in the Right to Financial Privacy Act of
1978, Title XI of Pub. L. 95-630. Act means the Right to Financial
Privacy Act of 1978.
(b) Purpose. The purpose of these regulations is: (1) To authorize
the Inspection Service Department of the U.S. Postal Service to request
financial records from a financial institution pursuant to the formal
written request procedure authorized by section 1108 of the Act and (2)
to set forth the conditions under which such request may be made.
(c) Authorization. The Inspection Service Department is authorized
to request financial records of any customer from a financial
institution pursuant to a formal written request under the Act only if:
(1) No administrative summons or subpoena authority reasonably
appears to be available to the Inspection Service Department to obtain
financial records for the purpose for which the records are sought;
(2) There is reason to believe that the records sought are relevant
to a legitimate law enforcement inquiry and will further that inquiry;
(3) The request is issued by a supervisory official of a rank
designated by the Chief Postal Inspector. Officials so designated shall
not delegate this authority to others;
(4) The request adheres to the requirements set forth in paragraph
(d) of this section; and
(5) The notice requirements set forth in section 1108(4) of the Act,
or the requirements pertaining to the delay of notice in section 1109 of
the Act, are satisfied, except in situations (e.g., section 1113(g))
where no notice is required.
(d) Written request. (1) The formal request must be in the form of a
letter or memorandum to an appropriate official of the financial
institution and must contain:
(i) The signature of the issuing official and the official's name,
title, business address, and business phone number;
(ii) The identity of the customer or customers to whom the records
pertain;
(iii) A reasonable description of the records sought; and
(iv) Any additional information which may be appropriate--e.g., the
date when the opportunity for the customer to challenge the formal
written request expires, the date when the Inspection Service Department
expects to present a certificate of compliance with the applicable
provisions of the Act, the name and title of the individual (if known)
to whom disclosure is to be made.
(2) In cases where customer notice is delayed by court order, a copy
of the court order must be attached to the formal written request.
(e) Certification. Before obtaining the requested records following
a formal written request, a supervisory official authorized to issue a
request must certify in writing to the financial institution that the
Inspection Service Department has complied with the applicable
provisions of the Act.
[44 FR 39161, July 5, 1979. Redesignated at 46 FR 34330, July 1, 1981]
Sec. 233.6 Test purchases under 39 U.S.C. 3005(e).
(a) Scope. This section, which implements 39 U.S.C. 3005(e),
supplements any postal regulations or instructions regarding test
purchases or test purchase procedures. It is limited to test purchases
conducted according to 39 U.S.C. 3005(e).
(b) Definitions--(1) Test purchase. The acquisition of any article
or service, for which money or property are sought through the mails,
from the person or representative offering the article or service. The
purpose is to investigate possible violations of postal laws.
(2) Test Purchase Request. A written document requesting the sale of
an article or service pursuant to 39 U.S.C. 3005(e) and containing the
following information:
(i) The name and address of the person, firm, or corporation to whom
the request is directed;
(ii) The name, title, signature, office mailing address, and office
telephone
[[Page 52]]
number of the person making the request;
(iii) A description of the article or service requested which is
sufficient to enable the person to whom the request is made to identify
the article or service being sought;
(iv) A statement of the nature of the conduct under investigation;
(v) A statement that the article or service must be tendered at the
time and place stated in the purchase request, unless the person making
the request and the person to whom it is made agree otherwise in
writing;
(vi) A verbatim statement of 39 U.S.C. 3005, 3007; and
(vii) A statement that failure to provide the requested article or
service may be considered in a proceeding under 39 U.S.C. 3007 to
determine whether probable cause exists to believe that 39 U.S.C. 3005
is being violated.
(c) Service of Test Purchase Request. (1) The original of the Test
Purchase Request must be delivered to the person, firm, or corporation
to whom the request is made or to his or its representative. It must be
accompanied by a check or money order in the amount for which the
article or service is offered for sale, made payable to the person, firm
or corporation making the offer.
(2) The person serving the Test Purchase Request must make and sign
a record, stating the date and place of service and the name of the
person served. The person making the request must retain a copy of the
Test Purchase Request, the record of service, and the money order
receipt or a photocopy of the issued check or the cancelled check.
Alternatively, the request may be made by certified mail.
(d) Authorizations. The Chief Postal Inspector is the principal
officer of the Postal Service for the administration of all matters
governing test purchases under this section. The Chief Inspector may
delegate any or all authority in this regard to any or all postal
inspectors.
[49 FR 7230, Feb. 28, 1984; 49 FR 8250, Mar. 6, 1984]
Sec. 233.7 Forfeiture authority and procedures.
(a) Designation of officials having forfeiture authority. The Chief
Postal Inspector is authorized to perform all duties and
responsibilities necessary on behalf of the Postal Service to enforce 18
U.S.C. 981, 2254, and 21 U.S.C. 881, to delegate all or any part of this
authority to Deputy Chief Inspectors, Inspectors in Charge, and
Inspectors of the Postal Inspection Service, and to issue such
instructions as may be necessary to carry out this authority.
(b) Administrative forfeiture authority. The Chief Postal Inspector
is authorized to conduct administrative forfeitures under the statutes
identified in paragraph (a) of this section, following, where
applicable, the procedures provided by the customs laws of the United
States (19 U.S.C. 1600 et seq.), and to pay valid liens and mortgages
against property that has been so forfeited.
(c) Inventory. An inventory of all property seized for forfeiture
under the statutes identified in paragraph (a) of this section shall be
prepared and maintained by the Postal Inspection Service. The inventory
should occur within seven days of the seizure. The inventory must, at a
minimum, identify all property seized, state the exact location of the
property at the time of its seizure, and describe in detail the
condition of the property. A written receipt containing such information
and identifying the Postal Inspector who conducted the seizure must be
provided to the party from whom the property was seized, or the party's
agent or representative, at the time of the seizure or as soon
thereafter as is practicable.
(d) Custody. Custody of all property seized for forfeiture under the
statutes identified in paragraph (a) of this section is maintained by
the U.S. Marshals Service, except property held for evidentiary
purposes; retained for official use upon forfeiture; subject to
equitable transfer to federal, state or local law enforcement agencies;
or subject to civil administrative forfeiture.
(e) Appraisal. The Postal Inspection Service must promptly obtain or
complete an appraisal of all seized property. The appraisal value is the
fair market value of the property, which is
[[Page 53]]
the highest price, in terms of money, which a property will bring in a
competitive and open market.
(f) Quick-release. Property subject to administrative forfeiture
may, prior to forfeiture, be released by the Postal Inspection Service
to the owner of the property having an immediate right to possession of
the property when the Postal Inspection Service concludes that release
of the property is in the best interest of justice. An agreement to hold
harmless the United States, the Postal Inspection Service, and all other
involved entities should be obtained from the owner. A decision for
quick release of the property should be made within five days of the
seizure.
(g) Judicial forfeiture. If the appraised value of property seized
exceeds $500,000, with the exception of: (1) Monetary instruments within
the meaning of 31 U.S.C. 5312(a)(3), or (2) any conveyance which was
used to import, export, transport, or store any controlled substance or
if a claim and satisfactory bond have been received for property
appraised at $500,000 or less, or for any monetary instruments within
the meaning of 31 U.S.C. 5312(a)(3) or any conveyance which was used to
import, export, transport, or store any controlled substance the Postal
Inspection Service must transmit the claim and bond to the U.S. Attorney
for the judicial district in which the seizure was made and request that
the U.S. Attorney promptly institute a judicial forfeiture proceeding
against the property. The Postal Inspection Service must provide the
U.S. Attorney a complete written description of the property, a
statement of the facts and circumstances leading to the seizure of the
property, including all facts and documentation leading to the
conclusion that the seized property is subject to forfeiture, and such
additional information as the U.S. Attorney may require for the purpose
of instituting a judicial forfeiture action.
(h) Notice of seizure for property having a value of $500,000 or
less, or for monetary instruments or for conveyances which were used to
transport or store any controlled substance; advertisement; declaration
of forfeiture. (1) The Postal Inspection Service must cause written
notice of the seizure of all property subject to civil administrative
forfeiture to be sent to each known party that may have a possessory or
ownership interest in the seized property. The notice must describe the
property seized; state the date, place, and cause for seizure; and
inform the party of the intent of the Postal Inspection Service to
forfeit the property. In addition, the notice must state that any person
desiring a judicial determination of forfeiture must file a claim and
bond (see paragraph 2 of this subsection) with a designated official of
the Postal Inspection Service, within twenty days from the date of the
first publication of the notice of seizure (see paragraph (4) of this
subsection), or of the date of the letter of personal notice required by
this paragraph, whichever is later. Any claim submitted pursuant to this
paragraph is invalid unless accompanied by a bond meeting the
requirements of paragraph (2), or a completed PS Form 1518, Petition to
Proceed in Forma Pauperis.
(2) A bond in the amount of $5,000 or ten percent of the value of
the claimed property, whichever is lower, but in no event less than
$250, must accompany any claim submitted pursuant to paragraph (1). The
bond may be in the form of a cashier's check, certified check, or money
order made payable to the United States of America, or satisfactory
sureties. If a claimant is financially unable to post the bond because
of indigency, such a person may request a waiver of the bond by
completion of PS Form 1518, Petition to Proceed in Forma Pauperis.
(3) Upon receipt of the claim and bond, the Postal Inspection
Service must, upon determining that the documents are in proper form and
the sureties satisfactory, transmit the documents to the appropriate
U.S. Attorney as provided in subsection (g). If the documents are not
satisfactory, the Postal Inspection Service must notify the party making
the claim and may allow a reasonable time for correction. If correction
is not made within the time allowed for that purpose, the administrative
forfeiture must proceed as though the claim and bond had not been
tendered.
(4) Notice of administrative forfeiture proceedings containing the
information required by subsection (h)(1)
[[Page 54]]
must be published once each week for at least three successive weeks in
a newspaper of general circulation in the judicial district in which the
property was seized. If a claim and satisfactory bond is not filed
within the time allowed, the Postal Inspection Service may declare the
property forfeited.
(i) Disposition of forfeited property. (1) Whenever property is
forfeited administratively, the Postal Inspection Service may:
(i) Retain the property for official use;
(ii) Transfer ownership of the property to any federal, state or
local law enforcement agency that participated in the investigation
leading to the forfeiture;
(iii) Sell any property which is not required to be destroyed by law
and which is not harmful to the public;
(iv) Destroy the property; or
(v) Dispose of the property as otherwise permitted by law.
(2) If the laws of a state in which an article of forfeited property
is located prohibit the sale or possession of such property or if the
Postal Service and the Marshals Service are of the opinion that it would
be more advantageous to sell the forfeited property in another district,
the property may be moved to and sold in such other district.
(3) If, after an administrative forfeiture of property is completed,
it appears that the proceeds of sale will not be sufficient to pay the
costs of sale or the proceeds will be insignificant in relation to the
expenses involved in the forfeiture, then the Postal Service or the
Marshals Service may order destruction or other disposition of the
property including alteration of the property into an article that is
not prohibited.
(j) Remission or mitigation of administrative, civil, and criminal
forfeitures--(1) Authority, purpose, and scope--(i) Purpose. This
section sets forth the procedures for Postal Inspection Service
officials to follow when considering remission or mitigation of
administrative forfeitures under the jurisdiction of the Postal Service.
The purpose of these regulations is to provide a basis for ameliorating
the effects of forfeiture through the partial or total remission of
forfeiture for individuals who have an interest in the forfeited
property but who did not participate in, or have knowledge of, the
conduct that resulted in the property being subject to forfeiture and,
where required, took all reasonable steps under the circumstances to
ensure that such property would not be used, acquired, or disposed of
contrary to law. Additionally, these regulations provide for partial or
total mitigation of the forfeiture and imposition of alternative
conditions in appropriate circumstances.
(ii) Authority to grant remission and mitigation. (A) Remission and
mitigation functions in administrative forfeitures are performed by the
agency seizing the property. Within the Postal Inspection Service,
authority to grant remission and mitigation is delegated to the
Independent Counsel, Office of the Chief Inspector, Washington, DC.
(B) Remission and mitigation functions in judicial cases are within
the jurisdiction of the Criminal Division of the Department of Justice.
Within the Criminal Division, authority to grant remission and
mitigation has been delegated to the Chief, Asset Forfeiture and Money
Laundering Section.
(C) The powers and responsibilities within these regulations may be
redelegated to attorneys or managers working under the supervision of
the designated officials.
(D) The time periods and internal requirements established in these
regulations are designed to guide the orderly administration of the
remission and mitigation process and are not intended to create rights
or entitlements in favor of individuals seeking remission or mitigation.
These regulations will apply to all decisions on petitions for remission
or mitigation made on or after July 1, 1997. These regulations will
apply to decisions on requests for reconsideration of a denial of a
petition under paragraphs (j)(3)(x) and (3)(xi) of this section only if
the initial decision on the petition was made under the provisions of
this part effective July 1, 1997.
(E) This section governs any petition for remission or mitigation
filed with the Chief Postal Inspector and supersedes any Postal Service
regulation governing petitions for remission or
[[Page 55]]
mitigation to the extent such regulation is inconsistent with this
section.
(2) Definitions. As used in this part:
(i) The term administrative forfeiture means the process by which
property may be forfeited by an investigative agency rather than through
judicial proceedings.
(ii) The term appraised value means the estimated market value of an
asset at the time and place of seizure if such or similar property was
freely offered for sale between a willing seller and a willing buyer.
(iii) The term Attorney General means the Attorney General of the
United States or his or her designee.
(iv) The term beneficial owner means a person with actual use of, as
well as an interest in, the property subject to forfeiture.
(v) The term general creditor means one whose claim or debt is not
secured by a specific right to obtain satisfaction against the
particular property subject to forfeiture.
(vi) The term judgment creditor means one who has obtained a
judgment against the debtor but has not yet received full satisfaction
of the judgment.
(vii) The term judicial forfeiture means either a civil or criminal
proceeding in a United States District Court that may result in a final
judgment and order of forfeiture.
(viii) The term lienholder means a creditor whose claim or debt is
secured by a specific right to obtain satisfaction against the
particular property subject to forfeiture. A lien creditor qualifies as
a lienholder if the lien:
(A) Was established by operation of law or contract;
(B) Was created as a result of an exchange of money, goods, or
services; and
(C) Is perfected against the specific property forfeited for which
remission or mitigation is sought (e.g., a real estate mortgage, a
mechanic's lien).
(ix) The term net equity means the amount of a lienholder's monetary
interest in property subject to forfeiture. Net equity shall be computed
by determining the amount of unpaid principal and unpaid interest at the
time of seizure, and by adding to that sum unpaid interest calculated
from the date of seizure through the last full month prior to the date
of the decision on the petition. Where a rate of interest is set forth
in a security agreement, the rate of interest to be used in this
computation will be the annual percentage rate so specified in the
security agreement that is the basis of the lienholder's interest. In
this computation, however, there shall be no allowances for attorneys'
fees, accelerated or enhanced interest charges, amounts set by contract
as damages, unearned extended warranty fees, insurance, service contract
charges incurred after the date of seizure, allowances for dealer's
reserve, or any other similar charges.
(x) The term owner means the person in whom primary title is vested
or whose interest is manifested by the actual and beneficial use of the
property, even though the title is vested in another. A victim of an
offense as defined in paragraph (j) (2)(xxi) of this section may also be
an owner if he or she has a present legally cognizable ownership
interest in the property forfeited. A nominal owner of property will not
be treated as its true owner if he or she is not its beneficial owner.
(xi) The term person means an individual, partnership, corporation,
joint business enterprise, estate, or other legal entity capable of
owning property.
(xii) The term petition means a petition for remission or mitigation
of forfeiture under these regulations. This definition includes a
petition for restoration of the proceeds of sale of forfeited property
and a petition for the value of forfeited property placed into official
use.
(xiii) The term petitioner means the person applying for remission,
mitigation, restoration of the proceeds of sale, or for the appraised
value of forfeited property under these regulations. A petitioner may be
an owner of forfeited property as defined in paragraph (j)(2)(x) of this
section; a lienholder as defined in paragraph (j)(2)(viii) of this
section; or a victim as defined in paragraph (j)(2)(xxi) of this section
subject to the limitations of paragraph (j)(8) of this section.
(xiv) The term Postal Service Fund means the United States Postal
Fund established under 39 U.S.C. 2003.
[[Page 56]]
(xv) The term property means real or personal property of any kind
capable of being owned or possessed.
(xvi) The term record means a series of arrests for related crimes,
unless the arrestee was acquitted or the charges were dismissed for lack
of evidence; a conviction for a related crime or completion of sentence
within ten years of the acquisition of the property subject to
forfeiture; or two convictions for a related crime at any time in the
past.
(xvii) The term related crime as used in paragraphs (j)(2)(xvi) and
(6)(v) of this section means any crime similar in nature to that which
gives rise to the seizure of property for forfeiture. For example, where
property is seized for a violation of the federal laws dealing with
drugs, a related crime would be any offense involving a violation of the
federal laws relating to drugs or the laws of any state or political
subdivision thereof relating to drugs.
(xviii) The term related offense as used in paragraph (j)(8) of this
section means:
(A) Any predicate offense charged in a Federal Racketeer Influenced
and Corrupt Organizations Act (RICO) count for which forfeiture was
ordered; or
(B) An offense committed as part of the same scheme or design, or
pursuant to the same conspiracy, as was involved in the offense for
which the forfeiture was ordered.
(xix) The term Ruling Official means any official to whom decision
making authority has been delegated pursuant to paragraph (j)(1)(ii) of
this section.
(xx) The term seizing agency means the federal agency that seized
the property or adopted the seizure of another agency for federal
forfeiture.
(xxi) The term victim means a person who has incurred a pecuniary
loss as a direct result of the commission of the offense underlying a
forfeiture. A drug user is not considered a victim of a drug trafficking
offense under this definition. A victim does not include one who
acquires a right to sue the perpetrator of the criminal offense for any
loss by assignment, subrogation, inheritance, or otherwise from the
actual victim, unless that person has acquired an actual ownership
interest in the forfeited property.
(xxii) The term violator means the person whose use or acquisition
of the property in violation of the law subjected such property to
seizure for forfeiture.
(3) Petitions in administrative forfeiture cases--(i) Notice of
seizure. The notice of seizure and intent to forfeit the property shall
advise any persons who may have a present ownership interest in the
property to submit their petitions for remission or mitigation within
thirty (30) days of the date they receive the notice in order to
facilitate processing. Petitions shall be considered any time after
notice until the forfeited property is placed into official use, sold,
or otherwise disposed of according to law, except in cases involving
petitions to restore the proceeds from the sale of forfeited property. A
notice of seizure shall include the title of the seizing agency, the
Ruling Official, the mailing and street address of the official to whom
petitions should be sent, and an asset identifier number.
(ii) Persons who may file. A petition for remission or mitigation
must be filed by a petitioner as defined in paragraph (j)(2)(xiii) of
this section or as prescribed in paragraphs (j)(9) (vii) and (viii) of
this section.
(iii) Contents of petition. (A) All petitions must include the
following information in clear and concise terms:
(1) The name, address, and social security or other taxpayer
identification number of the person claiming an interest in the seized
property who is seeking remission or mitigation;
(2) The name of the seizing agency, the asset identifier number, and
the date and place of seizure;
(3) A complete description of the property including make, model,
and serial numbers, if any; and
(4) A description of the petitioner's interest in the property as
owner, lienholder, or otherwise, supported by original or certified
bills of sale, contracts, deeds, mortgages, or other documentary
evidence.
(B) Any factual recitation or documentation of any type in a
petition must be supported by a sworn affidavit.
(iv) Releases. In addition to the contents of the petition for
remission or mitigation set forth in paragraph (j)(3)(iii) of this
section, upon request,
[[Page 57]]
the petitioner shall also furnish the agency with an instrument executed
by the titled or registered owner and any other known claimant of an
interest in the property releasing interest in such property.
(v) Filing petition with agency. (A) A petition for remission or
mitigation of an administrative forfeiture by the Postal Inspection
Service shall be sent to the Chief Postal Inspector, United States
Postal Service, 475 L'Enfant Plaza SW, Washington, DC 20260-2100.
(B) The petition shall be sworn to by the petitioner or by the
petitioner's attorney upon information and belief, supported by the
client's sworn notice of representation pursuant to 28 U.S.C. 1746, as
set out in paragraph (j)(9)(vii) of this section.
(vi) Agency investigation. Upon receipt of a petition, the Postal
Inspection Service shall investigate the merits of the petition and
prepare a written report containing the results of that investigation.
This report shall be submitted to the Ruling Official for review and
consideration.
(vii) Ruling. Upon receipt of the petition and the agency report,
the Ruling Official shall review the petition and the report, and shall
rule on the merits of the petition. No hearing shall be held.
(viii) Petitions granted. If the Ruling Official grants a remission
or mitigation of the forfeiture, a copy of the decision shall be sent by
certified mail to the petitioner, or, if represented by an attorney, to
the petitioner's attorney. A copy of the decision shall also be sent to
the U.S. Marshals Service or other property custodian. The written
decision shall include the terms and conditions, if any, upon which the
remission or mitigation is granted and the procedures the petitioner
must follow to obtain release of the property or the monetary interest
therein.
(ix) Petitions denied. If the Ruling Official denies a petition, a
copy of the decision shall be sent by certified mail to the petitioner,
or, if represented by an attorney, to the petitioner's attorney of
record. A copy of the decision shall also be sent to the U.S. Marshals
Service or other property custodian. The written decision shall specify
the reason that the petition was denied. The decision shall advise the
petitioner that a request for reconsideration of the denial of the
petition may be submitted to the Ruling Official in accordance with
paragraph (j)(3)(x) of this section.
(x) Request for reconsideration. (A) A request for reconsideration
of the denial of the petition shall be considered if:
(1) It is postmarked or received by the office of the Ruling
Official within ten (10) days from the receipt of the notice of the
denial of the petition by the petitioner; and
(2) The request is based on information or evidence not previously
considered that is material to the basis for the denial or presents a
basis clearly demonstrating that the denial was erroneous.
(B) In no event shall a request for reconsideration be decided by
the same Ruling Official who ruled on the original petition.
(C) Only one request for reconsideration of a denial of a petition
shall be considered.
(xi) Restoration of proceeds from sale. (A) A petition for
restoration of the proceeds from the sale of forfeited property, or for
the appraised value of forfeited property when the forfeited property
has been retained by or delivered to a government agency for official
use, may be submitted by an owner or lienholder in cases in which the
petitioner:
(1) Did not know of the seizure prior to the entry of a declaration
of forfeiture; and
(2) Could not reasonably have known of the seizure prior to the
entry of a declaration of forfeiture.
(B) Such a petition shall be submitted pursuant to paragraphs
(j)(3)(ii) through (v) of this section within ninety (90) days from the
date the property is sold or otherwise disposed of.
(4) Petitions in judicial forfeiture cases--(i) Procedure for filing
petition. If the forfeiture proceedings are judicial, a petition for
remission or mitigation of a judicial forfeiture shall be addressed to
the Attorney General; shall be sworn to by the petitioner or by the
petitioner's attorney upon information and belief, supported by the
client's
[[Page 58]]
sworn notice of representation pursuant to 28 U.S.C. 1746; and shall be
submitted to the United States Attorney for the district in which the
judicial forfeiture proceedings are brought. A petitioner also shall
submit a copy of the petition to the Chief Postal Inspector if the
Postal Inspection Service was the seizing agency.
(ii) Ruling. Department of Justice regulations on petitions for
remission or mitigation in judicial forfeiture cases are stated in 29
CFR 9.4.
(5) Criteria governing administrative remission and mitigation--(i)
Remission. (A) The Ruling Official shall not grant remission of a
forfeiture unless the petitioner establishes that:
(1) The petitioner has a valid, good faith and legally cognizable
interest in the seized property as owner or lienholder as defined in
these regulations; and
(2) The petitioner is innocent within the meaning of the innocent
owner provisions of the applicable civil forfeiture statute, is a bona
fide purchaser for value without cause to believe that the property was
subject to forfeiture at the time of the purchase, or is one who held a
legally cognizable interest in the seized property at the time of the
violation underlying the forfeiture superior to that of the defendant
within the meaning of the applicable criminal forfeiture statute, and is
thereby entitled to recover his or her interest in the forfeited
property by statute. (If the applicable civil forfeiture statute
contains no innocent owner defense, the innocent owner provisions
applicable to 21 U.S.C. 881(a)(4) shall apply.) Unless otherwise
provided by statute, in the case of petitioners who acquired their
interest in the property after the time of the violation underlying the
forfeiture, the question of whether the petitioner had knowledge of the
violation shall be determined as of the point in time when the interest
in the property was acquired.
(B) The knowledge and responsibilities of petitioner's
representative, agent, or employee in paragraph (j)(5)(i)(A)(2) of this
section are imputed to the petitioner where the representative, agent,
or employee was acting in the course of his or her employment and in
furtherance of the petitioner's business.
(C) The petitioner has the burden of establishing the basis for
granting a petition for remission or mitigation of forfeited property, a
restoration of proceeds of sale or appraised value of forfeited
property, or a reconsideration of a denial of such a petition. Failure
to provide information or documents and to submit to interviews, as
requested, may result in a denial of the petition.
(D) The Ruling Official shall presume a valid forfeiture and shall
not consider whether the evidence is sufficient to support the
forfeiture.
(E) Willful, materially false statements or information, made or
furnished by the petitioner in support of a petition for remission or
mitigation of forfeited property, the restoration of proceeds or
appraised value of forfeited property, or the reconsideration of a
denial of any such petition, shall be grounds for denial of such
petition and possible prosecution for the filing of false statements.
(ii) Mitigation. (A) The Ruling Official may grant mitigation to a
party not involved in the commission of the offense underlying
forfeiture:
(1) Where the petitioner has not met the minimum conditions for
remission, but the Ruling Official finds that some relief should be
granted to avoid extreme hardship and that return of the property
combined with imposition of monetary and/or other conditions of
mitigation in lieu of a complete forfeiture will promote the interest of
justice and will not diminish the deterrent effect of the law.
Extenuating circumstances justifying such a finding include those
circumstances that reduce the responsibility of the petitioner for
knowledge of the illegal activity, knowledge of the criminal record of a
user of the property, or failure to take reasonable steps to prevent the
illegal use or acquisition by another for some reason, such as a
reasonable fear of reprisal; or
(2) Where the minimum standards for remission have been satisfied
but the overall circumstances are such that, in the opinion of the
Ruling Official, complete relief is not warranted.
(B) The Ruling Official may in his or her discretion grant
mitigation to a
[[Page 59]]
party involved in the commission of the offense underlying the
forfeiture where certain mitigating factors exist, including, but not
limited to: The lack of a prior record or evidence of similar criminal
conduct; if the violation does not include drug distribution,
manufacturing, or importation, the fact that the violator has taken
steps, such as drug treatment, to prevent further criminal conduct; the
fact that the violation was minimal and was not part of a larger
criminal scheme; the fact that the violator has cooperated with federal,
state, or local investigations relating to the criminal conduct
underlying the forfeiture; or the fact that complete forfeiture of an
asset is not necessary to achieve the legitimate purposes of forfeiture.
(C) Mitigation may take the form of a monetary condition or the
imposition of other conditions relating to the continued use of the
property, and the return of the property, in addition to the imposition
of any other costs that would be chargeable as a condition to remission.
This monetary condition is considered as an item of cost payable by the
petitioner, and shall be deposited into the Postal Service Fund as an
amount realized from forfeiture in accordance with the applicable
statute. If the petitioner fails to accept the Ruling Official's
mitigation decision or any of its conditions, or fails to pay the
monetary amount within twenty (20) days of the receipt of the decision,
the property shall be sold, and the monetary amount imposed and other
costs chargeable as a condition to mitigation shall be subtracted from
the proceeds of the sale before transmitting the remainder to the
petitioner.
(6) Special rules for specific petitioners--(i) General creditors. A
general creditor may not be granted remission or mitigation of
forfeiture unless he or she otherwise qualifies as a petitioner under
these regulations.
(ii) Rival claimants. If the beneficial owner of the forfeited
property and the owner of a security interest in the same property each
file a petition, and if both petitions are found to be meritorious, the
claim of the beneficial owner shall take precedence.
(iii) Voluntary bailments. A petitioner who allows another to use
his or her property without cost, and who is not in the business of
lending money secured by property or of leasing or renting property for
profit, shall be granted remission or mitigation of forfeiture in
accordance with the provisions of paragraph (j)(5) of this section.
(iv) Lessors. A person engaged in the business of leasing or renting
real or personal property on a long-term basis with the right to
sublease shall not be entitled to remission or mitigation of a
forfeiture of such property unless the lessor can demonstrate compliance
with all the requirements of paragraph (j)(5) of this section.
(v) Straw owners. A petition by any person who has acquired a
property interest recognizable under these regulations and who knew or
had reason to believe that the interest was conveyed by the previous
owner for the purpose of circumventing seizure, forfeiture, or these
regulations, shall be denied. A petition by a person who purchases or
owns property for another who has a record for related crimes as defined
in paragraph (j)(2)(xvii) of this section, or a petition by a lienholder
who knows or has reason to believe that the purchaser or owner of record
is not the real purchaser or owner, shall be denied unless both the
purchaser of record and the real purchaser or owner meet the
requirements of paragraph (j)(5) of this section.
(vi) Judgment creditors. (A) A judgment creditor will be recognized
as a lienholder if:
(1) The judgment was duly recorded before the seizure of the
property for forfeiture;
(2) Under applicable state or other local law, the judgment
constitutes a valid lien on the property that attached to it before the
seizure of the property for forfeiture; and
(3) The petitioner had no knowledge of the commission of any act or
acts giving rise to the forfeiture at the time the judgment became a
lien on the forfeited property.
(B) A judgment creditor will not be recognized as a lienholder if
the property in question is not property of which the judgment debtor is
entitled to claim ownership under applicable state or other local law
(e.g., stolen
[[Page 60]]
property). A judgment creditor is entitled under these regulations to no
more than the amount of the judgment, exclusive of any interest, costs,
or other fees including attorney's fees associated with the action that
led to the judgment or its collection.
(C) A judgment creditor's lien must be registered in the district
where the property is located if the judgment was obtained outside the
district.
(7) Terms and conditions of remission and mitigation--(i) Owners.
(A) An owner's interest in property that has been forfeited is
represented by the property itself or by a monetary interest equivalent
to that interest at the time of seizure. Whether the property or a
monetary equivalent will be remitted to an owner shall be determined at
the discretion of the Ruling Official.
(B) If a civil judicial forfeiture action against the property is
pending, release of the property must await an appropriate court order.
(C) Where the government sells or disposes of the property prior to
the grant of the remission, the owner shall receive the proceeds of that
sale, less any costs incurred by the government in the sale. The Ruling
Official, at his or her discretion, may waive the deduction of costs and
expenses incident to the forfeiture.
(D) Where the owner does not comply with the conditions imposed upon
release of the property by the Ruling Official, the property shall be
sold. Following the sale, the proceeds shall be used to pay all costs of
the forfeiture and disposition of the property, in addition to any
monetary conditions imposed. The remaining balance shall be paid to the
owner.
(ii) Lienholders. (A) When the forfeited property is to be retained
for official use or transferred to a state or local law enforcement
agency or foreign government pursuant to law, and remission or
mitigation has been granted to a lienholder, the recipient of the
property shall assure that:
(1) In the case of remission, the lien is satisfied as determined
through the petition process; or
(2) In the case of mitigation, an amount equal to the net equity,
less any monetary conditions imposed, is paid to the lienholder prior to
the release of the property to the recipient agency or foreign
government.
(B) When the forfeited property is not retained for official use or
transferred to another agency or foreign country pursuant to law, the
lienholder shall be notified by the Ruling Official of the right to
select either of the following alternatives:
(1) Return of property. The lienholder may obtain possession of the
property after paying the United States, through the Ruling Official,
the costs and expenses incident to the forfeiture, the amount, if any,
by which the appraised value of the property exceeds the lienholder's
net equity in the property, and any amount specified in the Ruling
Official's decision as a condition to remit the property. The Ruling
Official, at his or her discretion, may waive costs and expenses
incident to the forfeiture. The Ruling Official shall forward a copy of
the decision, a memorandum of disposition, and the original releases to
the U.S. Marshals Service or other property custodian who shall
thereafter release the property to the lienholder; or
(2) Sale of Property and Payment to Lienholder--Subject to the
provisions of paragraph (j)(9)(i) of this section, upon sale of the
property, the lienholder may receive the payment of a monetary amount up
to the sum of the lienholder's net equity, less the expenses and costs
incident to the forfeiture and sale of the property, and any other
monetary conditions imposed. The Ruling Official, at his or her
discretion, may waive costs and expenses incident to the forfeiture.
(iii) If the lienholder does not notify the Ruling Official of the
selection of one of the two options set forth above in paragraph
(j)(7)(ii)(B) of this section within twenty (20) days of the receipt of
such notification, the Ruling Official shall direct the U.S. Marshal or
other property custodian to sell the property and pay the lienholder an
amount up to the net equity, less the costs and expenses incurred
incident to the forfeiture and sale, and any monetary conditions
imposed. In the event a lienholder subsequently receives a payment of
any kind on the debt owed for which he or she has already received
payment as a result of the granting of
[[Page 61]]
remission or mitigation, the lienholder shall reimburse the Postal
Service Fund to the extent of the payment received.
(iv) Where the lienholder does not comply with the conditions
imposed upon the release of the property, the property shall be sold
after forfeiture. From the proceeds of the sale, all costs incident to
the forfeiture and sale shall first be deducted, and the balance up to
the net equity, less any monetary conditions, shall be paid to the
lienholder.
(8) Provisions applicable to victims. The provisions of this section
apply to victims of an offense underlying the forfeiture of property, or
of a related offense, who do not have a present ownership interest in
the forfeited property (or, in the case of multiple victims of an
offense, who do not have a present ownership interest in the forfeited
property that is clearly superior to that of other petitioner victims).
The provisions of this section apply only with respect to property
forfeited pursuant to statutes that explicitly authorize restoration or
remission of forfeited property to victims. Victims who have a superior
present legally cognizable ownership interest in forfeited property may
file petitions as other owners, subject to the regulations set forth in
paragraph (j)(7)(i) of this section. The claims of such owner victims,
like those of any other owners, shall have priority over the claims of
any non-owner victims whose claims are recognized pursuant to this
section.
(i) Qualifications to file. A victim, as defined in paragraph
(j)(2)(xxi) of this section, of an offense that was the underlying basis
for the criminal, civil, or administrative forfeiture of specific
property, or a victim of a related offense, may be granted remission of
the forfeiture of that property, if in addition to complying with the
other applicable provisions of this section, the victim satisfactorily
demonstrates that:
(A) A pecuniary loss of a specific amount has been directly caused
by the criminal offense, or related offense, that resulted in the
forfeiture, or by a related offense, and that the loss is supported by
documentary evidence including invoices and receipts;
(B) The pecuniary loss is the direct result of the illegal acts and
is not the result of otherwise lawful acts which were committed in the
course of a criminal offense;
(C) The victim did not knowingly contribute to, participate in,
benefit from, or act in a willfully blind manner towards the commission
of the offense, or related offense, that was the underlying basis of the
forfeiture;
(D) The victim has not in fact been compensated for the wrongful
loss of the property by the perpetrator or others; and
(E) The victim does not have recourse reasonably available to other
assets from which to obtain compensation for the wrongful loss of the
property.
(ii) Pecuniary loss. The amount of the pecuniary loss suffered by a
victim for which remission may be granted is limited to the fair market
value of the property of which the petitioner was deprived as of the
date of the occurrence of the loss. No allowance shall be made for
interest foregone or for collateral expenses incurred to recover lost
property or to seek other recompense.
(iii) Torts. A tort associated with illegal activity that formed the
basis for the forfeiture shall not be a basis for remission, unless it
constitutes the illegal activity itself, nor shall remission be granted
for physical injuries to a petitioner or for damage to a petitioner's
property.
(iv) Denial of petition. In the exercise of his or her discretion,
the Ruling Official may decline to grant remission where:
(A) There is substantial difficulty in calculating the pecuniary
loss incurred by the victim or victims;
(B) The amount of the remission, if granted, would be small compared
with the amount of expenses incurred by the government in determining
whether to grant remission; or
(C) The total number of victims is large and the monetary amount of
the remission so small as to make its granting impractical.
(v) Pro rata basis. In granting remission to multiple victims
pursuant to this section, the Ruling Official should generally grant
remission on a pro rata
[[Page 62]]
basis to recognized victims when petitions cannot be granted in full due
to the limited value of the forfeited property. However, the Ruling
Official may consider, among others, the following factors in
establishing appropriate priorities in individual cases:
(A) The specificity and reliability of the evidence establishing a
loss;
(B) The fact that a particular victim is suffering an extreme
financial hardship;
(C) The fact that a particular victim has cooperated with the
government in the investigation related to the forfeiture or to a
related prosecution or civil action; and
(D) In the case of petitions filed by multiple victims of related
offenses, the fact that a particular victim is a victim of the offense
underlying the forfeiture.
(vi) Reimbursement. Any petitioner granted remission pursuant to
this section shall reimburse the Postal Service Fund for the amount
received to the extent the individual later receives compensation for
the loss of the property from any other source. The petitioner shall
surrender the reimbursement upon payment from any secondary source.
(vii) Claims of financial institution regulatory agencies. In cases
involving property forfeitable under 18 U.S.C. 981(a)(1)(C) or
(a)(1)(D), the Ruling Official may decline to grant a petition filed by
a petitioner in whole or in part due to the lack of sufficient
forfeitable funds to satisfy both the petition and claims of the
financial institution regulatory agencies pursuant to 18 U.S.C. 981
(e)(3) or (7). Generally, claims of financial regulatory agencies
pursuant to 18 U.S.C. 981(e)(3) or (7) shall take priority over claims
of victims.
(9) Miscellaneous Provisions--(i) Priority of payment. Except where
otherwise provided in this section, costs incurred by the Postal
Inspection Service and other agencies participating in the forfeiture
that were incident to the forfeiture, sale, or other disposition of the
property shall be deducted from the amount available for remission or
mitigation. Such costs include, but are not limited to, court costs,
storage costs, brokerage and other sales-related costs, the amount of
any liens and associated costs paid by the government on the property,
costs incurred in paying the ordinary and necessary expenses of a
business seized for forfeiture, awards for information as authorized by
statute, expenses of trustees or other assistants pursuant to paragraph
(j)(9)(iii) of this section, investigative or prosecutive costs
specially incurred incident to the particular forfeiture, and costs
incurred incident to the processing of the petition(s) for remission or
mitigation. The remaining balance shall be available for remission or
mitigation. The Ruling Official shall direct the distribution of the
remaining balance in the following order of priority, except that he or
she may exercise discretion in determining the priority between
petitioners belonging to classes described in paragraphs (j)(9)(iii) and
(9)(iv) of this section in exceptional circumstances:
(A) Owners;
(B) Lienholders;
(C) Federal financial institution regulatory agencies (pursuant to
paragraph (j)(9)(vi) of this section, not constituting owners or
lienholders); and
(D) Victims not constituting owners or lienholders (pursuant to
paragraph (j)(8) of this section).
(ii) Sale or disposition of property prior to ruling. If forfeited
property has been sold or otherwise disposed of prior to a ruling, the
Ruling Official may grant relief in the form of a monetary amount. The
amount realized by the sale of the property is presumed to be the value
of the property. Monetary relief shall not be greater than the appraised
value of the property at the time of seizure and shall not exceed the
amount realized from the sale or other disposition. The proceeds of the
sale shall be distributed as follows:
(A) Payment of the government's expenses incurred incident to the
forfeiture and sale, including court costs and storage charges, if any;
(B) Payment to the petitioner of an amount up to his or her interest
in the property;
(C) Payment to the Postal Service Fund of all other costs and
expenses incident to the forfeiture;
[[Page 63]]
(D) In the case of victims, payment of any amount up to the amount
of his or her loss; and
(E) Payment of the balance remaining, if any, to the Postal Service
Fund.
(iii) Trustees and other assistants. In the exercise of his or her
discretion, the Ruling Official may use the services of a trustee, other
government official, or appointed contractors to notify potential
petitioners, process petitions, and make recommendations to the Ruling
Official on the distribution of property to petitioners. The expense for
such assistance shall be paid out of the forfeited funds.
(iv) Other agencies of the United States. Where another agency of
the United States is entitled to remission or mitigation of forfeited
assets because of an interest that is recognizable under these
regulations, or is eligible for such transfer pursuant to 18 U.S.C.
981(e)(6), such agency shall request the transfer in writing, in
addition to complying with the provisions of paragraphs (j)(3) through
(5) of this section. The decision to make such transfer shall be made in
writing by the Ruling Official.
(v) Financial institution regulatory agencies. A Ruling Official may
direct the transfer of property under 18 U.S.C. 981(e) to certain
federal financial institution regulatory agencies or an entity acting in
their behalf, upon receipt of a written request, in lieu of ruling on a
petition for remission or mitigation.
(vi) Transfers to foreign governments. A Ruling Official may decline
to grant remission to any petitioner other than an owner or lienholder
so that forfeited assets may be transferred to a foreign government
pursuant to 18 U.S.C. 981(i)(1), 19 U.S.C. 1616a(c)(2), or 21 U.S.C.
881(e)(1)(E).
(vii) Filing by attorneys. (A) A petition for remission or
mitigation may be filed by a petitioner or by his or her attorney or
legal guardian. If an attorney files on behalf of the petitioner, the
petition must include a signed and sworn statement by the client-
petitioner stating that:
(1) The attorney has the authority to represent the petitioner in
this proceeding;
(2) The petitioner has fully reviewed the petition; and
(3) The petition is truthful and accurate in every respect.
(B) Verbal notification of representation is not acceptable.
Responses and notification of rulings shall not be sent to an attorney
claiming to represent a petitioner unless a written notice of
representation is filed. No extensions of time shall be granted due to
delays in submission of the notice of representation.
(viii) Consolidated petitions. At the discretion of the Ruling
Official in individual cases, a petition may be filed by one petitioner
on behalf of other petitioners, provided the petitions are based on
similar underlying facts, and the petitioner who files the petition has
written authority to do so on behalf of the other petitioners. This
authority must be either expressed in documents giving the petitioner
the authority to file petitions for remission, or reasonably implied
from documents giving the petitioner express authority to file claims or
lawsuits related to the course of conduct in question on behalf of these
other petitioners. An insurer or an administrator of an employee benefit
plan, for example, which itself has standing to file a petition as a
``victim'' within the meaning of paragraph (j)(2)(xxi) of this section,
may also file a petition on behalf of all its insured or plan
beneficiaries for any claims they may have based on co-payments made to
the perpetrator of the offense underlying the forfeiture or the
perpetrator of a ``related offense'' within the meaning of paragraph
(j)(2)(xviii) of this section, if the authority to file claims or
lawsuits is contained in the document or documents establishing the
plan. Where such a petition is filed, any amounts granted as a remission
must be transferred to the other petitioners, not the party filing the
petition; although, in his or her discretion, the Ruling Official may
use the actual petitioner as an intermediary for transferring the
amounts authorized as a remission to the other petitioners.
[52 FR 4497, Feb. 12, 1987; 52 FR 5765, Feb. 26, 1987, as amended at 54
FR 47520, Nov. 15, 1989; 56 FR 20361, May 3, 1991; 57 FR 32726, July 23,
1992; 59 FR 31154, June 17, 1994; 59 FR 35852, July 14, 1994; 60 FR
5581, Jan. 30, 1995; 60 FR 8306, Feb. 14, 1995; 62 FR 31726, June 11,
1997]
[[Page 64]]
Sec. 233.8 Expedited forfeiture proceedings for property seized for
administrative forfeiture involving controlled substances in personal
use quantities.
(a) Definitions. As used in this section, the following terms have
the meanings specified:
(1) Appraised Value means the estimated domestic price at the time
of seizure at which such or similar property is freely offered for sale.
(2) Controlled Substance has the meaning given in 21 U.S.C. 802.
(3) Legal and Factual Basis of the Seizure means a statement of the
applicable law under which the property is seized, and a written
statement of the circumstances of the seizure sufficiently precise to
enable an owner or other interested party to identify the date, place,
and use or acquisition which makes the property subject to forfeiture.
(4) Owner means one having a legal and possessory interest in the
property seized for forfeiture. Even though one may hold primary and
direct title to the property seized, such person may not have sufficient
actual beneficial interest in the property to support a petition as
owner if the facts indicate that another person had dominion and control
over the property.
(5) Personal Use Quantities means possession of a controlled
substance in circumstances where there is not other evidence of an
intent to distribute, or to facilitate the manufacturing, compounding,
processing, delivering, importing, or exporting of any controlled
substance. Evidence of personal use quantities does not include
sweepings or other evidence of possession of quantities of a controlled
substance for other than personal use.
(i) Such other evidence includes:
(A) Evidence, such as drug scales, drug distribution paraphernalia,
drug records, drug packaging material, method of drug packaging, drug
``cutting'' agents and other equipment, that indicates an intent to
process, package or distribute a controlled substance;
(B) Information from reliable sources indicating possession of a
controlled substance with intent to distribute;
(C) The arrest and/or conviction record of the person or persons in
actual or constructive possession of the controlled substance for
offenses under Federal, State or local law that indicates an intent to
distribute a controlled substance;
(D) Relationship of the controlled substance to large amounts of
cash or any amount of prerecorded government funds;
(E) Possession of the controlled substance under circumstances that
indicate the substance is a sample intended for distribution in
anticipation of a transaction involving large quantities, or is part of
a larger delivery; or
(F) Statements by the possessor, or otherwise attributable to the
possessor, including statements of conspirators, that indicate
possession with intent to distribute.
(ii) Possession of a controlled substance is presumed to be for
personal use when there are no indicia of illicit drug trafficking or
distribution such as, but not limited to, the factors listed in Sec.
233.8(a)(5)(i), and the amounts do not exceed the following quantities:
(A) One gram of a mixture of substance containing a detectable
amount of heroin;
(B) One gram of a mixture or substance containing a detectable
amount of:
(1) Coca leaves, except coca leaves and extracts of coca leaves from
which cocaine, ecgonine, and derivations of ecgonine or their salts have
been removed;
(2) Cocaine, its salts, optical and geometric isomers, and salts of
isomers;
(3) Ecgonine, its derivatives, their salts, isomers, and salts of
isomers; or
(4) Any compound, mixture or preparation which contains any quantity
of any of the substances referred to in Sec. 233.8(a)(5) (ii)(B)(1)-
(3);
(5) \1/10\th gram of a mixture or substance described in Sec.
233.8(a)(5)(ii) which contains cocaine base;
(6) \1/10\ gram of a mixture or substance containing a detectable
amount of phencyclidine (PCP);
(7) 500 micrograms of a mixture or substance containing a detectable
amount of lysergic acid diethylamide (LSD);
(8) One ounce of a mixture of substance containing a detectable
amount of marihuana;
[[Page 65]]
(9) One gram of methamphetamine, its salts, isomers, and salts of
its isomers, or one gram of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers, or salts of
its isomer.
(iii) The possession of a narcotic, a depressant, a stimulant, a
hallucinogen or cannabis-controlled substance will be considered in
excess of personal use quantities if the dosage unit amount possessed
provides the same or greater equivalent efficacy as described in Sec.
233.8(a)(5)(ii).
(6) Property means property subject to forfeiture under title 21,
U.S.C., Sections 881(a)(4), (6), and (7).
(7) Statutory Rights or Defenses to the Forfeiture means all legal
and equitable rights and remedies available to a claimant of property
seized for forfeiture.
(8) Sworn to as used in Sec. 233.8(b)(4)(ii) refers to the oath as
provided by 28 U.S.C. 1746.
(b) Petition for expedited release in an administrative forfeiture
action. (1) Where property is seized for administrative forfeiture
involving controlled substances in personal use quantities, the owner
may petition the Postal Inspection Service for expedited release of the
property.
(2) The owner filing the petition for expedited release must
establish the following:
(i) The owner has a valid, good faith interest in the seized
property as owner or otherwise;
(ii) The owner reasonably attempted to ascertain the use of the
property in a normal and customary manner; and
(iii) The owner did not know or consent to the illegal use of the
property, or in the event that the owner knew or should have known of
the illegal use, the owner did what reasonably could be expected to
prevent the violation.
(3) In addition to those factors listed in Sec. 233.8(b)(2), if an
owner can demonstrate that he has other statutory rights or defenses
that would cause him to prevail on the issue of forfeiture, such factors
must also be considered in ruling on the petition for expedited release.
(4) A petition for expedited release must be:
(i) Filed in a timely manner to be considered; in order to be filed
in a timely manner, the petition must be received by the Postal
Inspection Service within 20 days from the date of the first publication
of the notice of seizure.
(ii) Executed and sworn to by the owner and both the envelope and
the request must be clearly marked ``PETITION FOR EXPEDITED RELEASE'';
(iii) Filed in accordance with the notice of seizure; and
(iv) Addressed to the Chief Postal Inspector, Postal Inspection
Service.
(5) The petition must include the following:
(i) A complete description of the property, including identification
numbers, if any, and the date and place of seizure;
(ii) The petitioner's interest in the property, which must be
supported by title documentation, bills of sale, contracts, mortgages,
or other satisfactory documentary evidence; and
(iii) A statement of the facts and circumstances, to be established
by satisfactory proof, relied upon by the petitioner to justify
expedited release of the seized property.
(c) Ruling on petition for expedited release in an administrative
forfeiture action involving personal use quantities of a controlled
substance. (1) Upon receipt of a petition for expedited release filed
pursuant to Sec. 233.8(b), the Postal Inspection Service must determine
first whether a final administrative determination of the case, without
regard to the provisions of this section, can be made within 21 days of
the seizure. If such a final administrative determination is made within
21 days, no further action need be taken under this section.
(2) If no such final administrative determination is made within 21
days of the seizure, the following procedure applies:
(i) The Postal Inspection Service, within 20 days after the receipt
of the petition for expedited release, determines whether the petition
filed by the owner has established the factors listed in Sec.
233.8(b)(2); and
(ii) If the Postal Inspection Service determines that those factors
have
[[Page 66]]
been established, it terminates the administrative proceedings and
returns the property to the owner except where it is evidence of a
violation of law; or
(iii) If the Postal Inspection Service determines that those factors
have not been established, it proceeds with the administrative
forfeiture.
(d) Posting of substitute res. (1) Where property is seized for
administrative forfeiture involving controlled substances in personal
use quantities, the owner may obtain release of the property by posting
a substitute res with the Postal Service. The property will be released
to the owner upon the payment of an amount equal to the appraised value
of the property if it is not evidence of a violation of law or has
design or other characteristics that particularly suit it for use in
illegal activities. This payment must be in the form of a traveler's
check, a money order, a cashier's check or an irrevocable letter of
credit made payable to the Postal Service. A bond in the form of a
cashier's check will be considered as paid once the check has been
accepted for payment by the financial institution which issued the
check.
(2) If a substitute res is posted and the property is
administratively forfeited, the Postal Inspection Service will forfeit
the substitute res in lieu of the property.
[54 FR 47520, Nov. 15, 1989]
Sec. 233.9 Expedited release of conveyances being forfeited in a
judicial forfeiture proceeding for a drug-related offense.
(a) Petition for expedited release of conveyance. Where a conveyance
has been seized and is being forfeited in a judicial proceeding for a
drug-related offense, the owner may petition the United States Attorney
for an expedited release of the conveyance in accordance with the
regulations of the Department of Justice (21 CFR part 1316).
(b) Petition filed in timely manner. A petition for expedited
release must be filed in a timely manner in order to be considered by
the United States Attorney. To be considered as filed in a timely
manner, in accordance with 21 CFR part 1316, the petition must be
received by the appropriate United States Attorney within 20 days from
the date of the first publication of the notice of the action and arrest
of the property, or within 30 days after filing of the claim, whichever
occurs later.
(c) Obtaining release of the property by filing a substitute res
bond. Where a conveyance is being forfeited in a judicial proceeding for
a drug-related offense, the owner may obtain release of the property by
filing a substitute res bond with the Postal Inspection Service. The
conveyance will be released to the owner upon the payment of a bond in
the amount of the appraised value of the conveyance if it is not
evidence of a violation of law or has design or other characteristics
that particularly suit it for use in illegal activities. This bond must
be in the form of a traveler's check, a money order, a cashier's check
or an irrevocable letter of credit made payable to the United States
Postal Service. A bond in the form of a cashier's check will be
considered as paid once the check has been accepted for payment by the
financial institution which issued the check.
(d) Forfeiture of the bond. If a substitute res bond is filed and
the conveyance is judicially forfeited, the court will forfeit the bond
in lieu of the property.
[54 FR 47522, Nov. 15, 1989]
Sec. 233.10 Notice provisions.
(a) Special notice provision. At the time of seizure of property
defined in Sec. 233.8(b) for violations involving the possession of
personal use quantities of a controlled substance, written notice will
be provided to the possessor of the property regarding applicable
statutes and Federal regulations including the procedures established
for the filing of a petition for expedited release and for the posting
of a substitute res bond.
(b) Standard notice provision. The standard notice to the owner as
required by 19 U.S.C. 1607 will be made at the earliest practicable
opportunity after determining ownership of the seized property and must
include the legal and factual basis of the seizure.
[54 FR 47522, Nov. 15, 1989]
[[Page 67]]
Sec. 233.11 Mail reasonably suspected of being dangerous to persons
or property.
(a) Screening of mail. When the Chief Postal Inspector determines
that there is a credible threat that certain mail may contain a bomb,
explosives, or other material that would endanger life or property,
including firearms which are not mailable under Section C024 of the
Domestic Mail Manual, the Chief Postal Inspector may, without a search
warrant or the sender's or addressee's consent, authorize the screening
of such mail by any means capable of identifying explosives, nonmailable
firearms, or other dangerous contents in the mails. The screening must
be within the limits of this section and without opening mail that is
sealed against inspection or revealing the contents of correspondence
within mail that is sealed against inspection. The screening is
conducted according to these requirements.
(1) Screening of mail authorized by paragraph (a) of this section
must be limited to the least quantity of mail necessary to respond to
the threat.
(2) Such screening must be done in a manner that does not avoidably
delay the screened mail.
(3) The Chief Postal Inspector may authorize screening of mail by
postal employees and by persons not employed by the Postal Service under
such instruction that require compliance with this part and protect the
security of the mail. No information obtained from such screening may be
disclosed unless authorized by this part.
(4) Mail of insufficient weight to pose a hazard to air or surface
transportation, or to contain firearms which are not mailable under
Section C024 of the Domestic Mail Manual, and international transit mail
must be excluded from such screening.
(5) After screening conducted under paragraph (a) of this section,
mail that is reasonably suspected of posing an immediate and substantial
danger to life or limb, or an immediate and substantial danger to
property, may be treated by postal employees as provided in paragraph
(b) of this section.
(6) After screening, mail sealed against inspection that presents
doubts about whether its contents are hazardous, that cannot be resolved
without opening, must be reported to the Postal Inspection Service. Such
mail must be disposed of under instructions promptly furnished by the
Inspection Service.
(b) Threatening pieces of mail. Mail, sealed or unsealed, reasonably
suspected of posing an immediate danger to life or limb or an immediate
and substantial danger to property may, without a search warrant, be
detained, opened, removed from postal custody, and processed or treated,
but only to the extent necessary to determine and eliminate the danger
and only if a complete written and sworn statement of the detention,
opening, removal, or treatment, and the circumstances that prompted it,
signed by the person purporting to act under this section, is promptly
forwarded to the Chief Postal Inspector.
(c) Reports. Any person purporting to act under this section who
does not report his or her action to the Chief Postal Inspector under
the requirements of this section, or whose action is determined after
investigation not to have been authorized, is subject to disciplinary
action or criminal prosecution or both.
[61 FR 28060, June 4, 1996]
Sec. 233.12 Civil penalties.
False representation and lottery orders--
(a) Issuance. Pursuant to 39 U.S.C. 3005, the Judicial Officer of
the Postal Service, acting upon a satisfactory evidentiary basis, may
issue a mail return and/or a cease and desist order against anyone
engaged in conducting a scheme or device for obtaining money or property
through the mail by means of a false representation, including the
mailing of matter which is nonmailable, or engaged in conducting a
lottery, gift enterprise, or scheme for the distribution of money or of
real or personal property, by lottery, chance, or drawing of any kind.
(b) Enforcement. Pursuant to 39 U.S.C. 3012, any person:
(1) Who, through the use of the mail, evades or attempts to evade
the effect of an order issued under 39 U.S.C. 3005(a)(1) or 3005(a)(2);
[[Page 68]]
(2) Who fails to comply with an order issued under 39 U.S.C.
3005(a)(3); or
(3) Who (other than a publisher described by 39 U.S.C. 3007(b)) has
actual knowledge of any such order, is in privity with any person
described by paragraph (b) (1) or (2) of this section, and engages in
conduct to assist any such person to evade, attempt to evade, or fail to
comply with such order, as the case may be, through the use of the mail;
Shall be liable to the United States for a civil penalty in an amount
not to exceed $11,000 for each day that such person engages in conduct
described by this paragraph (b). A separate penalty may be assessed
under this paragraph (b) with respect to the conduct described by
paragraphs (b) (1), (2), or (3) of this section.
[61 FR 56450, Nov. 1, 1996]
PART 235_DEFENSE DEPARTMENT LIAISON--Table of Contents
Sec.
235.1 Postal Service to the Armed Forces.
235.2 Civil preparedness.
Sec. 235.1 Postal Service to the Armed Forces.
(a) Publication 38, Postal Agreement with the Department of Defense,
defines the Postal Service's responsibilities for providing postal
service to the Armed Forces.
(b) The Chief Inspector is responsible for military liaison.
(c) Postal inspectors provide liaison between postmasters and
military commanders, visit military installations as required, and make
any necessary recommendations.
(39 U.S.C. 401(2), 402, 403, 404, as enacted by Pub. L. 91-375, 84 Stat.
719)
[38 FR 26193, Sept. 9, 1973]
Sec. 235.2 Civil preparedness.
(a) Mission. The prime objective of postal emergency preparedness
planning is to maintain or restore essential postal service in a
national emergency, natural disaster, or disruptive domestic crisis.
(b) Emergency Coordinator. The Chief Inspector is designated
Emergency Coordinator for the Postal Service. As Emergency Coordinator,
he provides general direction and coordination of the following
programs:
(1) National Civil Preparedness and Defense Mobilization;
(2) Natural Disaster Preparedness;
(3) Emergency Response to Disruptive Domestic Crisis.
(c) Regional Emergency Coordinator. The Chief Inspector may delegate
authority to Regional Chief Postal Inspectors, or others, for the
function of Regional Emergency Coordinator and the general direction and
coordination of all such programs within the Postal Regions, as are
conducted by him at the National level.
(d) Postmaster General emergency line of succession. (1) Deputy
Postmaster General; (2) Senior Assistant Postmaster General,
Administration; (3) Senior Assistant Postmaster General, Operations.
(e) Headquarters and field lines of succession. Each Headquarters
organizational unit shall establish its own internal line of succession
to provide for continuity under emergency conditions. Each Regional
Postmaster General, Regional Chief Inspector, Postal Data Center
Director, Inspector in Charge, and postmaster at first-class post
offices shall prepare a succession list of officials who will act in his
stead in the event he is incapacitated or absent in an emergency. Orders
of succession shall be shown by position titles, except those of the
Inspection Service may be shown by names.
(f) Field responsibilities. Postmasters and heads of other
installations shall:
(1) Carry out civil preparedness assignments, programs, etc., as
directed by regional officials.
(2) Comply with, and cooperate in community civil preparedness plans
(including exercise) for evacuation, take cover and other survival
measures prescribed for local populations.
(3) Designate representatives for continuing liaison with local
civil preparedness organizations where such activity will not interfere
with normal duties.
(4) Endeavor to serve (at their own option) as members on the staff
of the local civil preparedness director, provided such service will not
interfere
[[Page 69]]
with their primary postal responsibility in an emergency.
(5) Authorize and encourage their employees to participate
voluntarily in nonpostal pre-emergency training programs and exercises
in cooperation with States and localities.
(39 U.S.C. 401(2), 402, 403, 404, as enacted by Pub. L. 91-375, 84 Stat.
719)
[38 FR 26193, Sept. 9, 1973]
Post Office Organization and Administration--Table of Contents
PART 241_ESTABLISHMENT CLASSIFICATION, AND DISCONTINUANCE--Table
of Contents
Sec.
241.1 Post offices.
241.2 Stations and branches.
241.3 Discontinuance of post offices.
241.4 Expansion, relocation, and construction of post offices.
Sec. 241.1 Post offices.
(a) Establishment. See Sec. 113.1 of this chapter.
(b) Classification. As of July 1 each year, post offices are
classified by the Postmaster General based on the allowable postal
revenue units for the second preceding fiscal year as follows:
(1) First Class. Post offices having 950 or more revenue units.
(2) Second Class. Post offices having 190 but less than 950 revenue
units.
(3) Third Class. Post offices having 36 but less 190 revenue units.
(4) Fourth Class. Post offices having less than 36 revenue units.
(39 U.S.C. 401)
[36 FR 4764, Mar. 12, 1971, as amended at 42 FR 59082, Nov. 15, 1977]
Sec. 241.2 Stations and branches.
(a) Description. (1) Stations are established within the corporate
limits or boundary, and branches are established outside the corporate
limits or boundary of the city, town, or village in which the main post
office is located. Stations and branches may be designated by number,
letter or name. As a general rule, branches are named.
(2) Stations and branches transact registry and money order
business, sell postage supplies, and accept matter for mailing. Delivery
service, post office boxes, and other services may be provided when
directed by the postmaster.
(3) Stations and branches, except nonpersonnel rural stations and
branches, are designated as independent when registered and other mail
is received or dispatched without passing through the main office.
(b) Classification--(1) Classified. Operated by postal employees in
quarters provided by the Federal Government.
(2) Contract. Operated under contract by persons who are not Federal
Government employees. Persons operating contract stations and branches
are independent contractors and neither the contractors nor any person
employed by them to assist in the conduct of contract stations or
branches shall be employees of the Federal Government for any purpose
whatsoever.
(39 U.S.C. 401)
[36 FR 4764, Mar. 12, 1971]
Sec. 241.3 Discontinuance of post offices.
(a) Introduction--(1) Coverage. This section establishes the rules
governing the Postal Service's consideration of whether an existing post
office should be discontinued. The rules cover any proposal to replace a
post office with a community post office, station or branch,
consolidation with another post office, and any proposal to discontinue
a post office without providing a replacement facility.
(2) Legal requirements. Under 39 U.S.C. 404(b), any decision to
close or consolidate a post office must be based on certain criteria.
These include the effect on the community served; the effect on
employees of the post office; compliance with government policy
established by law that the Postal Service must provide a maximum degree
of effective and regular postal services to rural areas, communities,
and small towns where post offices are not self-sustaining; the economic
savings to the Postal Service; and any other factors the Postal Service
determines necessary. In addition, certain mandatory procedures apply as
follows:
(i) The public must be given 60 days' notice of a proposed action to
enable the persons served by a post office to
[[Page 70]]
evaluate the proposal and provide comments.
(ii) After public comments are received and taken into account, any
final determination to close or consolidate a post office must be made
in writing and must include findings covering all the required
considerations.
(iii) The written determination must be made available to persons
served by the post office at least 60 days before the discontinuance
takes effect.
(iv) Within the first 30 days after the written determination is
made available, any person regularly served by the affected post office
may appeal the decision to the Postal Rate Commission.
(v) The Commission may only affirm the Postal Service determination
or return the matter for further consideration but may not modify the
determination.
(vi) The Commission is required by 39 U.S.C. 404(b)(5) to make a
determination on the appeal no later than 120 days after receiving the
appeal.
(vii) The following is a summary table of the notice and appeal
periods under the statute for these regulations.
[GRAPHIC] [TIFF OMITTED] TR09JN94.001
(3) Additional requirements. This section also includes:
(i) Rules to ensure that the community's identity as a postal
address is preserved.
(ii) Rules for consideration of a proposed discontinuance and for
its implementation, if approved. These rules are designed to ensure that
the reasons leading a district manager, Customer
[[Page 71]]
Service and Sales, to propose the discontinuance of a particular post
office are fully articulated and disclosed at a stage that enables
customer participation to make a helpful contribution toward the final
decision.
(b) Preservation of community address--(1) Policy. The Postal
Service permits the use of a community's separate address to the extent
practicable.
(2) ZIP Code assignment. The ZIP Code for each address formerly
served from the discontinued post office should be kept, wherever
practical. In some cases, the ZIP Code originally assigned to the
discontinued post office may be changed if the responsible district
manager, Customer Service and Sales, submits a request with
justification to his or her vice president, Area Operations, before the
proposal to discontinue the post office is posted.
(i) In a consolidation, the ZIP Code for the replacement community
post office, station, or branch is the ZIP Code originally assigned to
the discontinued post office.
(ii) If the ZIP Code is changed and the parent post office covers
several ZIP Codes, the ZIP Code must be that of the delivery area within
which the facility is located.
(3) Post office name in address. If all the delivery addresses using
the name of the post office to be discontinued are assigned the same ZIP
Code, customers may continue to use the discontinued post office name in
their addresses, instead of the new delivering post office name.
(4) Name of facility established by consolidation. If a post office
to be discontinued is consolidated with one or more other post offices
by establishing in its place a community post office, classified or
contract station, or branch affiliated with another post office involved
in the consolidation, the replacement unit is given the same name of the
discontinued post office.
(5) List of discontinued post offices. Publication 65, National
Five-Digit ZIP Code and Post Office Directory, lists all post offices
discontinued after March 14, 1977, for mailing address purposes only if
they are used in addresses. The ZIP Codes listed for discontinued
offices are those assigned under this subsection.
(c) Initial proposal--(1) In general. If a district manager,
Customer Service and Sales, believes that the discontinuance of a post
office within his or her responsibility may be warranted, the manager:
(i) Must use the standards and procedures in Sec. 241.3 (c) and
(d).
(ii) Must investigate the situation.
(iii) May propose the post office be discontinued.
(2) Consolidation. The proposed action may include a consolidation
of post offices to substitute a community post office or a classified or
contract station or branch for the discontinued post office if:
(i) The communities served by two or more post offices are being
merged into a single incorporated village, town, or city; or
(ii) A replacement facility is necessary for regular and effective
service to the area served by the post office considered for
discontinuance.
(3) Views of postmasters. Whether the discontinuance under
consideration involves a consolidation or not, the district manager,
Customer Service and Sales, must discuss the matter with the postmaster
(or the officer in charge) of the post office considered for
discontinuance, and with the postmaster of any other post office
affected by the change. The manager should make sure that these
officials submit written comments and suggestions as part of the record
when the proposal is reviewed.
(4) Preparation of written proposal. The district manager, Customer
Service and Sales, must gather and preserve for the record all
documentation used to assess the proposed change. If the manager thinks
the proposed action is warranted, he or she must prepare a document
titled ``Proposal to (Close) (Consolidate) the (Name) Post Office.''
This document must describe, analyze, and justify in sufficient detail
to Postal Service management and affected customers the proposed service
change. The written proposal must address each of the following matters
in separate sections:
(i) Responsiveness to community postal needs. It is the policy of
the Government, as established by law, that the Postal Service will
provide a maximum
[[Page 72]]
degree of effective and regular postal services to rural areas,
communities, and small towns where post offices are not self-sustaining.
The proposal should (A) contrast the services available before and after
the proposed change; (B) describe how the changes respond to the postal
needs of the affected customers; and (C) highlight particular aspects of
customer service that might be less advantageous as well as more
advantageous.
(ii) Effect on community. The proposal must include an analysis of
the effect the proposed discontinuance might have on the community
served, and discuss the application of the requirements in Sec.
241.3(b).
(iii) Effect on employees. The written proposal must summarize the
possible effects of the change on the postmaster, supervisors, and other
employees of the post office considered for discontinuance. (The
district manager, Customer Service and Sales, must suggest measures to
comply with personnel regulations related to post office discontinuance
and consolidation.)
(iv) Savings. The proposal must include an analysis of the economic
savings to the Postal Service from the proposed action, including the
cost or savings expected from each major factor contributing to the
overall estimate.
(v) Other factors. The proposal should include an analysis of other
factors that the district manager, Customer Service and Sales,
determines are necessary for a complete evaluation of the proposed
change, whether favorable or unfavorable.
(vi) Summary. The proposal must include a summary that explains why
the proposed action is necessary, and assesses how the factors
supporting the proposed change outweigh any negative factors. In taking
competing considerations into account, the need to provide regular and
effective service is paramount.
(vii) Notice. The proposal must include the following notice: ``This
Is A Proposal. It Is Not A Final Determination To (Close) (Consolidate)
This Post Office.''
(A) If a final determination is made to close or consolidate this
post office, after public comments on this proposal are received and
taken into account, a notice of that final determination must be posted
in this post office.
(B) The final determination must contain instructions on how
affected customers may appeal that decision to the Postal Rate
Commission. Any such appeal must be received by the Commission within 30
days of the posting of the final determination.
(d) Notice, public comment, and record--(1) Posting proposal and
comment notice. A copy of the written proposal and a signed invitation
for comments must be posted prominently in each affected post office.
The invitation for comments must:
(i) Ask interested persons to provide written comments within 60
days, to a stated address, offering specific opinions and information,
favorable or unfavorable, on the potential effect of the proposed change
on postal services and the community.
(ii) State that copies of the proposal with attached optional
comment forms are available in the affected post offices.
(iii) Provide a name and telephone number to call for information.
(2) Proposal and comment notice. The following is a sample format
that may be used for the proposal and comment notice.
[[Page 73]]
[GRAPHIC] [TIFF OMITTED] TR09JN94.002
(3) Other steps. In addition to providing notice and inviting
comment, the district manager, Customer Service and Sales, must take any
other steps necessary to ensure that the persons served by the affected
post office understand the nature and implications of the proposed
action (e.g., meeting with community groups and following up on comments
received that seem to be based on incorrect assumptions or information).
(i) If oral contacts develop views or information not previously
documented, whether favorable or unfavorable to the proposal, the
district manager, Customer Service and Sales, should encourage persons
offering the views or information to provide written comments to
preserve them for the record.
(ii) As a factor in making his or her decision, the district
manager, Customer Service and Sales, may not rely
[[Page 74]]
on communications received from anyone unless submitted in writing for
the record.
(4) Record. The district manager, Customer Service and Sales, must
keep as part of the record for his or her consideration and for review
by the vice president, Delivery and Retail, all the documentation
gathered about the proposed change.
(i) The record must include all information that the district
manager, Customer Service and Sales, considered, and the decision must
stand on the record. No information or views submitted by customers may
be excluded.
(ii) The docket number assigned to the proposal must be the ZIP Code
of the office proposed for closing or consolidation.
(iii) The record must include a chronological index in which each
document contained is identified and numbered as filed.
(iv) As written communications are received in response to the
public notice and invitation for comments, they are included in the
record.
(v) A complete copy of the record must be available for public
inspection during normal office hours at the post office proposed for
discontinuance or at the post office providing alternative service, if
the office to be discontinued was temporarily suspended, beginning no
later than the date on which notice is posted and extending through the
comment period.
(vi) Copies of documents in the record (except the proposal and
comment form) are provided on request and on payment of fees as noted in
the Administrative Support Manual (ASM) Sec. 352.6.
(e) Consideration of public comments and final local
recommendation--(1) Analysis of comments. After waiting not less than 60
days after notice is posted under Sec. 241.3(d)(1) the district
manager, Customer Service and Sales, must prepare an analysis of the
public comments received for consideration and inclusion in the record.
If possible, comments subsequently received should also be included in
the analysis. The analysis should list and briefly describe each point
favorable to the proposal and each point unfavorable to the proposal.
The analysis should identify to the extent possible how many comments
support each point listed.
(2) Re-evaluation of proposal. After completing the analysis, the
district manager, Customer Service and Sales, must review the proposal
and re-evaluate all the tentative conclusions previously made in light
of additional customer information and views in the record.
(i) Discontinuance not warranted. If the district manager, Customer
Service and Sales, decides against the proposed discontinuance, he or
she must post, in the post office considered for discontinuance, a
notice stating that the proposed closing or consolidation is not
warranted.
(ii) Discontinuance warranted. If the district manager, Customer
Service and Sales, decides that the proposed discontinuance is
justified, the appropriate sections of the proposal must be revised,
taking into account the comments received from the public. After making
necessary revisions, the manager must:
(A) Forward the revised proposal and the entire record to the vice
president, Delivery and Retail.
(B) Attach a certificate that all documents in the record are
originals or true and correct copies.
(f) Postal Service decision--(1) In general. The vice president,
Delivery and Retail, or a designee must review the proposal of the
district manager, Customer Service and Sales. This review and the
decision on the proposal must be based on and supported by the record
developed by the district manager, Customer Service and Sales. The vice
president, Delivery and Retail, can instruct the district manager to
provide more information to supplement the record. Each instruction and
the response must be added to the record. The decision on the proposal
of the district manager, which must also be added to the record, may
approve or disapprove the proposal, or return it for further action as
set forth in this paragraph (f).
(2) Approval. The vice president, Delivery and Retail or a designee
may approve the proposal of the district manager, Customer Service and
Sales, with
[[Page 75]]
or without further revisions. If approved, the term ``Final
Determination'' is substituted for ``Proposal'' in the title. A copy of
the Final Determination must be provided to the district manager. The
Final Determination constitutes the Postal Service determination for the
purposes of 39 U.S.C. 404(b). The Final Determination must include the
following notices:
(i) Supporting materials. ``Copies of all materials on which this
Final Determination is based are available for public inspection at the
(Name) Post Office during normal office hours.''
(ii) Appeal rights. ``This Final Determination to (close)
(consolidate) the (name) Post Office may be appealed by any person
served by that office to the Postal Rate Commission. Any appeal must be
received by the Commission within 30 days of the date this Final
Determination was posted. If an appeal is filed, copies of appeal
documents prepared by the Postal Rate Commission, or the parties to the
appeal, must be made available for public inspection at the (name) Post
Office during normal office hours.''
(3) Disapproval. The vice president, Delivery and Retail, or a
designee may disapprove the proposal of the district manager, Customer
Service and Sales, and return it and the record to the manager with
written reasons for disapproval. The manager must post a notice in each
affected post office that the proposed closing or consolidation has been
determined to be unwarranted.
(4) Return for further action. The vice president, Delivery and
Retail, or a designee may return the proposal of the district manager,
Customer Service and Sales, with written instructions to give additional
consideration to matters in the record, or to obtain additional
information. Such instructions must be placed in the record.
(5) Public file. Copies of each Final Determination and each
disapproval of a proposal by the vice president, Delivery and Retail,
must be placed on file in the Postal Service Headquarters library.
(g) Implementation of final determination--(1) Notice of final
determination to discontinue post office. The district manager, Customer
Service and Sales, must:
(i) Provide notice of the Final Determination by posting a copy
prominently in the affected post office or offices. The date of posting
must be noted on the first page of the posted copy as follows: ``Date of
posting:'' The district manager, Customer Service and Sales, must notify
the vice president, Delivery and Retail, of the date of posting.
(ii) Ensure that a copy of the completed record is available for
public inspection during normal business hours at each post office where
the Final Determination is posted for 30 days from the posting date.
(iii) Provide copies of documents in the record on request and
payment of fees as noted in the ASM 352.6.
(2) Implementation of determinations not appealed. If no appeal is
filed pursuant to 39 U.S.C. 404(b)(5), the official closing date of the
office must be published in the Postal Bulletin, effective the first
Saturday 90 days after the Final Determination was posted. A district
manager, Customer Service and Sales, may request a different date for
official discontinuance in the Post Office Change Announcement document
submitted to the vice president, Delivery and Retail. However, the post
office may not be discontinued sooner than 60 days after the posting of
the notice required by paragraph (g)(1) of this section.
(3) Actions during appeal--(i) Implementation of discontinuance. If
an appeal is filed, only the vice president, Delivery and Retail, may
direct a discontinuance before disposition of the appeal. However, the
post office may not be discontinued sooner than 60 days after the
posting of notice required by paragraph (g)(1) of this section.
(ii) Display of appeal documents. Legal Policy and Ratemaking Law,
Postal Service General Counsel, must provide the district manager,
Customer Service and Sales, with copies of all pleadings, notices,
orders, briefs, and opinions filed in the appeal proceeding.
(A) The district manager must ensure that copies of all these
documents are prominently displayed and available for public inspection
in the post office to be discontinued. If the operation of
[[Page 76]]
that post office has been suspended, the manager must display copies in
the affected post offices.
(B) All documents except the Postal Rate Commission's final order
and opinion must be displayed until the final order and opinion are
issued. The final order and opinion must be displayed for 30 days.
(4) Actions following appeal decision--(i) Determination affirmed.
If the Commission dismisses the appeal or affirms the Postal Service's
determination, the official closing date of the office must be published
in the Postal Bulletin, effective the first Saturday 90 days after the
Commission renders its opinion, if not previously implemented under
Sec. 241.3(g)(3)(i). However, the post office may not be discontinued
sooner than 60 days after the posting of the notice required under Sec.
241.3(g)(1).
(ii) Determination returned for further consideration. If the
Commission returns the matter for further consideration, the vice
president, Delivery and Retail, must direct that either:
(A) Notice be provided under paragraph (f)(3) of this section that
the proposed discontinuance is determined not to be warranted or
(B) The matter be returned to an appropriate stage under this
section for further consideration following such instructions as the
vice president, Delivery and Retail, may provide.
[59 FR 29725, June 9, 1994, as amended at 60 FR 32273, June 21, 1995; 69
FR 11536, Mar. 11, 2004]
Sec. 241.4 Expansion, relocation, and construction of post offices.
(a) Application. (1) This section applies when the USPS contemplates
any one of the following projects with respect to a customer service
facility: expansion, relocation to another existing building, or new
construction, except when the project is to meet an emergency
requirement or for temporary use. Emergency situations include, but are
not limited to, earthquakes, floods, fire, lease terminations, safety
factors, environmental causes, or any other actions that would force an
immediate relocation from an existing facility. Temporary relocation of
space is used for, but not limited to, holidays, special events, or for
overflow business. Use of emergency and temporary space will be limited
to 180 days in duration. Any additional incremental time periods of up
to 180 days each must be approved by the Vice President, Facilities.
(2) This section does not apply when the project under consideration
is limited to repair and alterations, such as--
(i) Painting;
(ii) Repairs;
(iii) Replacement or upgrade of structural or functional elements of
a postal building or of its equipment;
(iv) Paving, striping, or other repair of parking areas;
(v) Landscaping.
(b) Purpose. The purpose of the procedures required by this section
is to assure increased opportunities for members of the communities who
may be affected by certain USPS facility projects, along with local
officials, to convey their views concerning the contemplated project and
have them considered prior to any final decision to expand, relocate to
another existing building, or construct a new building that is owned or
leased.
(c) Expansion, relocation, new construction. When a need is
identified that will require the expansion, relocation, or new
construction of a customer service facility, postal representatives
responsible for the project will take the following steps in accordance
with the time schedule shown:
(1) Personally visit one or more of the highest ranking local public
officials (generally individuals holding elective office). During the
visit, the postal representatives will--
(i) Identify the need and fully describe the project that is under
consideration to meet it, explain the process by which the Postal
Service will solicit and consider input from the affected community, and
solicit a working partnership with the community officials for the
success of the project.
(ii) Emphasize that in meeting a need for increased space, the first
priority is to expand the existing facility; the second priority is to
find an existing building in the same area as the current facility; and
the third option is to build on a new site; all within the downtown
area, if possible.
[[Page 77]]
(iii) Ask that a Postal Service presentation of the project be
placed on the regular agenda of a public meeting or hearing. If no such
meeting is planned within the next 60 days or the agenda of a planned
meeting cannot accommodate the project, the USPS will schedule its own
public hearing concerning the project, and will advertise the meeting or
hearing in a local general circulation newspaper.
(iv) Give the local officials a letter describing the intended
project.
(2) Notify the lessor of the affected facility of the project, in
writing.
(3) Send an initial news release to local communications media.
(4)(i) Post in the public lobby of the affected post offices a copy
of the letter given to local officials, or the news release, or, space
permitting, both. If such information is available at the time, include
in the posting a public notice of the date, time, and location of a
public meeting or hearing at least 7 days prior to the meeting or
hearing.
(ii) Except as provided in this paragraph, attend, or conduct, one
or more public hearings to describe the project to the community, invite
questions, solicit written comment, and describe the process by which
community input will be considered. If it is believed at the time that
the existing facility is not able to be expanded or that expansion is
impracticable, disclose that fact and the reasons supporting that
belief. If, during the public meeting or hearing process, a new
development should occur to allow for an expansion of the existing
facility, the Postal Service will make a good faith effort in pursuing
this alternative. Under exceptional circumstances that would prevent
postal representatives from attending a public meeting or conducting a
postal hearing on the planned project within a reasonable time, and
subject to approval of the Vice President, Facilities, the Postal
Service may distribute a notification card to all affected customers,
seeking their comments or other feedback. An example of exceptional
circumstances would be a project in a sparsely populated area remote
from the seat of local government or any forum where a postal conducted
meeting could be held.
(iii) At any public meeting or hearing, advise local officials and
the community of their appeal rights and the process by which an appeal
can be made. Information provided must include time limitations and an
address for the appeal.
(5) Review comments and notify local officials of decision. Not less
than 15 days after the date of the most recent public meeting, or after
receipt of notification cards, make a decision that takes into account
community input and is consistent with postal objectives (e.g.,
expansion, relocation to another building, or construction of a new
owned or leased facility), and notify local officials in writing. This
notification must include information on the availability and terms of
review under paragraph (c)(6) of this section. At the same time, post a
copy of the notification letter in the local post office for the
community. Take no action on the decision for at least 30 days following
notification of local officials and the community.
(6) Within the time period identified in paragraph (c)(5) of this
section, any person may request in writing that the decision be reviewed
by the Vice President, Facilities, at Postal Service Headquarters. No
particular format is required for requesting review, but the request
must be in writing and identify the post office or location affected;
and should identify the decision objected to, and state the reasons for
the objection. The Vice President, Facilities, will obtain the views of
the decision maker, review relevant parts of the project file, and if
necessary request more information from the appellant. Upon review of
the facts, the Vice President, or a representative, will issue a written
determination, if possible, within 15 days. In no event will the Postal
Service take action on the decision being reviewed until 15 days
following issuance of the final review determination. If the
determination on review is to set aside the decision, the project
process will return to the public hearing stage of paragraph (c)(4) of
this section.
(7) Advertise for sites and existing buildings, in accordance with
existing postal procedures.
[[Page 78]]
(d) Discontinuance of post offices; historic preservation. (1) It is
the policy of the Postal Service, by virtue of Board of Governors
Resolution No. 82-7, to comply with Section 106 of the general
provisions of the National Historic Preservation Act, 16 U.S.C. 470, et
seq., Executive Order 12072, and Executive Order 13006. Therefore, any
facility project that will have an effect on cultural resources will be
undertaken in accordance with that policy.
(2) Any action involving the closing or other discontinuance of a
post office shall be undertaken only in accordance with 39 U.S.C. 404(b)
and 39 CFR 243.1. In the event a facility action is subject to both this
section, and either the NHPA or the post office discontinuance
requirements, all comment periods and other public participation matters
shall be governed by those statutes.
(e) Site selection. (1) When the decision is to advertise for sites
and existing buildings, and after such sites have been identified,
advise local officials in writing of all contending sites, and with
respect to all sites not selected, provide an explanation. This notice
will advise local officials, and the community, that no decision to
select a site will be made for a minimum of 30 days, and that comments
or discussions of all sites are solicited. Post a copy of this letter in
the lobby of the affected post office for public notice.
(2) Once a specific site is then selected, notify local officials in
writing of the selection decision.
(3) Take no final action to acquire or lease the selected site for
30 days following the notification in paragraph (e)(2) of this section.
(f) Planning, zoning, building codes. In carrying out customer
service facilities projects, it is the policy of the Postal Service to
comply with local planning and zoning requirements and building codes
consistent with prudent business practices and unique postal
requirements. In order to promote a partnership with local officials and
assure conformance with local building codes, plans and drawings will be
sent to the appropriate building department or other officials for
review. Where payment of fees is normally required of private entities,
the Postal Service will pay a reasonable fee for the review. The Postal
Service will give local public officials written notice of any timely,
written objections or recommendations that it does not plan to adopt or
implement.
(g) Continuing communication. During construction, whether
renovation or new construction, the postmaster should keep local
officials and the community informed via letters and news releases. The
postmaster and other postal officials should plan, conduct and invite
the community and local officials to any ``grand opening'', as
appropriate.
[63 FR 46656, Sept. 2, 1998]
PART 242_CHANGE OF SITE--Table of Contents
Sec. 242.2 Change of site--fourth-class offices.
Report by memorandum to chief, organization and management branch,
when change in site is necessary. Complete Form 1021 when furnished.
Retain one copy in files. If new location is one-fourth of a mile or
more from existing location, furnish a statement signed by majority of
customers approving change. When a change involves moving a post office
from one county to another, notify the Deputy Postmaster General, of the
circumstances (including a sketch showing present and proposed sites),
and await approval of that Division.
(39 U.S.C. 401)
[36 FR 4765, Mar. 12, 1971]
PART 243_CONDUCT OF OFFICES--Table of Contents
Sec. 243.2 Quarters.
(a) Employee bulletin boards. Bulletin boards may be placed in
workrooms and employees' lunchrooms for displaying notices as prescribed
in this manual and Management Labor Organization Agreements.
(b) Location of offices. Postal units may not be located in, or
directly connected to, a room in which intoxicating liquor is sold to be
consumed on the premises.
(c) Lost articles. When articles are turned in to employees, the
name and address of the finder shall be recorded so the article may be
returned to him
[[Page 79]]
if not claimed by the loser. If the name of the finder cannot be
obtained, and the article is not claimed within 30 days, it must be
disposed of in the same manner as unidentified material found loose in
the mail. Do not return postal money orders to the finder. Mail to Money
Order Branch, Accounting Division, U.S. Postal Service, General
Accounting Office Building, Washington, DC 20260, with a memorandum of
explanation.
(d) Public use of restrooms. Restrooms off public corridors shall
normally be kept open during regular hours of business for the benefit
of the public. Where vandalism or loitering cannot be controlled,
postmasters may lock restrooms, furnishing those agencies served by the
restrooms, keys for employee use. This shall not be construed to permit
access by nonpostal personnel to restrooms in restricted postal areas.
(e) Letter drops. At all except fourth-class post offices, provide a
regulation letterbox for depositing mail in front of or next to the post
office. Show collection time schedules on letterboxes. At fourth-class
offices, if a letterbox is not supplied, provide a slot in the outer
post office door. When messengers or star route carriers have access to
lobbies, door slot deposits must lead to a locked box.
(f) Hour signs. Display hours of window service prominently at all
first-, second-, and third-class post offices, classified stations and
branches, and annexes. Use Sign 41, Hours decal set, available in supply
centers.
(g) Service of process on postal premises. Postmasters or other
installation heads shall permit service on postal premises of civil and
criminal process affecting employees in personal matters, when such
service of process will not interfere with postal operations. Process
servers should be directed to the postmaster's or installation head's
office, where the employee will be called in and service made. Section
265.10 of this chapter contains rules regarding compliance with subpoena
duces tecum, court orders, and summonses where official business or
official records are involved.
(h) Public service areas--prohibited items. Photographs of an
incumbent or former President or Postmaster General are not to be
displayed in post office lobbies or in common use public service areas
such as elevator lobbies and corridors in facilities owned by or leased
to the Postal Service. Further, such photographs are not to be
requisitioned or purchased by postal installations at Postal Service
expense.
(39 U.S.C. 501)
[36 FR 4765, Mar. 12, 1971, as amended at 39 FR 38376, Oct. 31, 1974; 40
FR 8820, Mar. 3, 1975; 42 FR 33722, July 1, 1977; 44 FR 39854, July 6,
1979]
General Postal Administration--Table of Contents
PART 254_POSTAL SERVICE STANDARDS FOR FACILITY ACCESSIBILITY PURSUANT
TO THE ARCHITECTURAL BARRIERS ACT--Table of Contents
Sec.
254.1 Adoption of U.S. Access Board Standards as Postal Service
Standards of Facility Accessibility.
254.2 Definition of primary function area and criteria used to determine
whether an alteration has an effect on an area containing a
primary function that is disproportionate to the overall
alterations.
Authority: 39 U.S.C 101, 401, 403; 29 U.S.C. 792(b)(3) and 42 U.S.C.
12204.
Source: 70 FR 28214, May 17, 2005, unless otherwise noted.
Sec. 254.1 Adoption of U.S. Access Board Standards as Postal Service
Standards of Facility Accessibility.
(a) The United States Postal Service adopts as its Architectural
Barriers Act (ABA) ``Standards for Facility Accessibility,'' the
following sections of 36 CFR part 1191:
Appendix A to Part 1191, Table of Contents for apps. C, D, and E.
Appendix C to Part 1191, Architectural Barriers Act, Scoping (which
contains ABA Chapter 1, Application and Administration, and ABA Chapter
2, Scoping requirements); pertinent parts of Appendix D to Part 1191,
Technical (which includes Chapters 3 through 10).
Appendix E to Part 1191, List of Figures and Index.
[[Page 80]]
(b) These sections listed in paragraph (a) of this section are
adopted verbatim, with the exception of the Advisory Notes, which are
expressly excluded.
Sec. 254.2 Definition of primary function area and criteria used to
determine whether an alteration has an effect on an area containing a
primary function
that is disproportionate to the overall alterations.
(a) Terminology. The new accessibility guidelines require that
certain terms be defined by the participating federal agencies. In the
U.S. Access Board's 36 CFR part 1191, Appendix C, ABA chapter 2, section
F202.6.2 requires that ``primary function areas'' be defined and Section
F202.4 contains requirements for alterations affecting ``primary
function areas'' stating, ``* * *an alteration that affects or could
affect the usability of or access to an area containing a primary
function shall be made so as to ensure that, to the maximum extent
feasible, the path of travel to the altered area, including the rest
rooms, telephones, and drinking fountains serving the altered area, are
readily accessible to and usable by individuals with disabilities,
unless such alterations are disproportionate to the overall alterations
in terms of cost and scope as determined under criteria established by
the Administrator of * * * the United States Postal Service.''
(b) Primary function areas. For purposes of this part, the primary
function of the Postal Service is to provide mail service for its
customers, that is to accept, distribute, transport and deliver the
mail. Two essential facilities for fulfilling these functions are
customer lobby areas where customers conduct their retail transactions,
access mail depositories and post office boxes and work room areas where
postal employees distribute the mail and perform other core postal
operations. Therefore, for purposes of the accessibility guidelines
applicable to the Postal Service under the Architectural Barriers Act,
two primary function areas are identified: Customer Lobbies and Workroom
Areas.
(c) Disproportionality. (1) According to Section F202.6.2,
``alteration'' of elements in a primary function area can trigger a
requirement to make accessibility improvements along the path of travel
to the area and improvements to rest rooms, telephones, and drinking
fountains that serve the altered area if the alteration ``affects or
could affect the usability of or access to an area containing a primary
function.'' It is conceivable that almost any repair or alteration
project in a ``primary function area'' could affect the usability of the
area. Therefore a literal interpretation of this provision could require
an expansion of the scope of virtually any alteration in a primary
function area, regardless of the size and scope of the original project.
According to Section F202.6.2, accessibility improvements must be made
to the path of travel to the altered area and to rest rooms, telephones,
and drinking fountains that serve the altered area ``unless such
alterations are disproportionate to the overall alterations in terms of
cost and scope''.
(2) For purposes of the accessibility guidelines applicable to the
Postal Service under the Architectural Barriers Act, two criteria must
be considered in making a determination whether accessibility
improvements are disproportionate to the cost and scope of the original
alteration: a magnitude threshold for the original alteration and a
maximum ``percentage threshold'' for the accessibility alteration.
(d) Magnitude threshold. It is anticipated that, in most cases, a
significant additional effort would be required to assess physical
conditions along the path of travel and for rest rooms, telephones, and
drinking fountains that serve the altered area, and to determine the
scope, budget and appropriate design requirements for any corrective
alterations. Unless the original alteration is of substantial magnitude,
a disproportionate effort would be devoted to such investigation,
design, and administration leaving few, if any funds to accomplish
corrective work. Accordingly, a ``magnitude threshold'' is established
such that no accessibility improvements to the path of travel, nor to
any associated facilities, shall be required under F202.6.2 for
alterations that have an estimated total cost less than 20 percent of
the fair market value of the facility.
[[Page 81]]
(e) Percentage threshold. For alterations subject to F202.6.2 that
meet or exceed the ``magnitude threshold,'' the maximum cost for
accessibility improvements to the path of travel, including all costs
for accessibility improvements to rest rooms, telephones, and drinking
fountains that serve the altered area, shall not exceed 20 percent of
the total cost of the original alteration. Costs for accessibility
improvements in excess of the 20 percent threshold shall be deemed
``disproportionate.''
PART 255_ACCESS OF PERSONS WITH DISABILITIES TO POSTAL SERVICE PROGRAMS,
ACTIVITIES, FACILITIES, AND ELECTRONIC AND INFORMATION TECHNOLOGY--Table
of Contents
Sec.
255.1 Purpose.
255.2 Definitions.
255.3 Nondiscrimination under any program or activity conducted by the
Postal Service.
255.4 Accessibility to electronic and information technology.
255.5 Employment.
255.6 Processing of complaints.
255.7 Special arrangements for postal services.
255.8 Access to postal facilities.
255.9 Other postal regulations; authority of postal managers and
employees.
Authority: 39 U.S.C. 101, 401, 403, 1001, 1003, 3403, 3404; 29
U.S.C. 791, 794, 794d.
Source: 69 FR 44962, July 28, 2004, unless otherwise noted.
Sec. 255.1 Purpose.
(a) This part implements section 504 of the Rehabilitation Act of
1973, as amended. Section 504 prohibits discrimination on the basis of
disability in programs or activities conducted by executive agencies or
by the Postal Service. This part also implements section 508 of the
Rehabilitation Act of 1973, as amended. Section 508 requires that
executive agencies and the Postal Service ensure, absent an undue
burden, that individuals with disabilities have access to electronic and
information technology that is comparable to the access of individuals
who are not disabled.
(b) The standards relating to electronic and information technology
expressed in this part are intended to be consistent with the standards
announced by the Architectural and Transportation Barriers Compliance
Board on December 21, 2000. Those standards are codified at 36 CFR part
1194.
Sec. 255.2 Definitions.
(a) Agency as used in this part means the Postal Service.
(b) Area/functional vice president also includes his or her
designee.
(c) Electronic and information technology (EIT) includes
``information technology'' and any equipment or interconnected system or
subsystem of equipment that is used in the creation, conversion, or
duplication of data or information. The term does not include any
equipment that contains embedded information technology that is used as
an integral part of the product, but the principal function of which is
not the acquisition, storage, manipulation, management, movement,
control, display, switching, interchange, transmission, or reception of
data or information.
(d) Formal complaint means a written statement that contains the
complainant's name, address, and telephone number, sets forth the nature
of the complainant's disability, and describes the agency's alleged
discriminatory action in sufficient detail to inform the agency of the
nature of the alleged violation of section 504 or of section 508. It
shall be signed by the complainant or by someone authorized to do so on
the complainant's behalf.
(e) Individual with a disability. For purposes of this part,
``individual with a disability'' means any person who--
(1) Has a physical or mental impairment that substantially limits
one or more of such person's major life activities;
(2) Has a record of such an impairment; or
(3) Is regarded as having such an impairment.
(f) Information technology means any equipment, or interconnected
system or subsystem of equipment, that is used in the automatic
acquisition, storage, manipulation, management,
[[Page 82]]
movement, control, display, switching, interchange, transmission, or
reception of data or information.
(g) Postal manager. As used in this part, ``postal manager'' means
the manager or official responsible for a service, facility, program, or
activity.
(h) Qualified individual with a disability. For purposes of this
part, ``qualified individual with a disability'' means--
(1) With respect to any Postal Service program or activity, except
for employment, under which a person is required to perform services or
to achieve a level of accomplishment, an individual with a disability
who meets the essential eligibility requirements and who can achieve the
purpose of the program or activity without modifications in the program
or activity that the agency can demonstrate would result in a
fundamental alteration in its nature; or
(2) With respect to any other program or activity, except for
employment, an individual with a disability who meets the essential
eligibility requirements for participation in, or receipt of benefits
from, that program or activity; or
(3) With respect to employment, an individual with a disability who
can perform the essential functions of the job in question with or
without reasonable accommodation.
(i) Section 501 means section 501 of the Rehabilitation Act of 1973,
as amended. Section 501 is codified at 29 U.S.C. 791.
(j) Section 504 means section 504 of the Rehabilitation Act of 1973,
as amended. Section 504 is codified at 29 U.S.C. 794.
(k) Section 508 means section 508 of the Rehabilitation Act of 1973,
as amended. Section 508 is codified at 29 U.S.C. 794d.
(l) Undue burden means significant difficulty or expense.
(m) Vice President and Consumer Advocate also includes his or her
designee.
Sec. 255.3 Nondiscrimination under any program or activity conducted
by the Postal Service.
In accordance with section 504 of the Rehabilitation Act, no
qualified individual with a disability shall, solely by reason of his or
her disability, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under, any program or
activity conducted by the Postal Service.
Sec. 255.4 Accessibility to electronic and information technology.
(a) In accordance with section 508 of the Rehabilitation Act, the
Postal Service shall ensure, absent an undue burden, that the electronic
and information technology the agency procures allows--
(1) Individuals with disabilities who are Postal Service employees
or applicants to have access to and use of information and data that is
comparable to the access to and use of information and data by Postal
Service employees or applicants who are not individuals with
disabilities; and
(2) Individuals with disabilities who are members of the public
seeking information or services from the Postal Service to have access
to and use of information and data that is comparable to the access to
and use of information and data by members of the public who are not
individuals with disabilities.
(b) When procurement of electronic and information technology that
meets the standards published by the Architectural and Transportation
Barriers Compliance Board would pose an undue burden, the Postal Service
shall provide individuals with disabilities covered by paragraph (a) of
this section with the information and data by an alternative means of
access that allows the individuals to use the information and data.
Sec. 255.5 Employment.
No qualified individual with a disability shall, on the basis of
disability, be subjected to discrimination in employment with the Postal
Service. The definitions, requirements, and procedures of section 501 of
the Rehabilitation Act of 1973, as established by the Equal Employment
Opportunity Commission in 29 CFR part 1614 shall apply to employment
within the Postal Service.
[[Page 83]]
Sec. 255.6 Processing of complaints.
(a) Section 504 complaints, employment. The Postal Service shall
process complaints of employees and applicants alleging violations of
section 504 with respect to employment according to the procedures
established by the Equal Employment Opportunity Commission in 29 CFR
part 1614 pursuant to section 501 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. 791. In accordance with 29 CFR part 1614, the Postal
Service has established procedures for processing complaints of alleged
employment discrimination, based upon disability, in the agency's
handbook, Equal Employment Opportunity Complaint Processing.
(b) Section 504 complaints, members of the public. The procedures of
this part shall apply to section 504 complaints alleging disability
discrimination in any program or activity of the Postal Service and
brought by members of the public.
(c) Section 508 complaints, members of the public, employees, and
applicants. The procedures of this part shall apply to section 508
complaints alleging failure to provide access to electronic and
information technology and brought by members of the public or by
employees or applicants. Section 508 complaints shall be processed to
provide the remedies required by section 508 of the Rehabilitation Act.
(d) Complaint Procedures. Any individual with a disability who
believes that he or she has been subjected to discrimination prohibited
by this part or by the alleged failure of the agency to provide access
to electronic and information technology may file a complaint by
following the procedures described herein. A complainant shall first
exhaust informal administrative procedures before filing a formal
complaint.
(1) Informal complaints relating to Postal Service programs or
activities and to EIT. (i) A complainant initiates the informal process
by informing the responsible postal manager orally or in writing of the
alleged discrimination or inaccessibility of Postal Service programs,
activities, or EIT. Postal managers or employees who receive informal
complaints that they lack the authority to resolve must promptly refer
any such informal complaint to the appropriate postal manager, and at
the same time must notify the complainant of the name, address, and
telephone number of the person handling the complaint.
(ii) Resolution of the informal complaint and time limits. Within 15
days of receipt of the informal complaint, the responsible postal
manager must send the complainant a written acknowledgement of the
informal complaint. The written acknowledgment will include the date the
complaint was filed and a description of the issue(s). If the matter
cannot be resolved within 30 days of its receipt, the complainant must
be sent a written interim report which explains the status of the
informal complaint and the proposed resolution of the matter. On or
before the 60th day from the agency's receipt of the informal complaint,
the appropriate area/functional vice president within the Postal Service
shall send a written decision to the complainant detailing the final
disposition of the informal complaint and the reasons for that
disposition. The decision shall contain the notice that the complainant
may challenge an informal decision which denies relief either by
proceeding in any other appropriate forum or by filing a formal
complaint with the Vice President and Consumer Advocate. The notice will
give the address of the Vice President and Consumer Advocate. The notice
shall also state that if the complainant chooses to file a formal
complaint, the complainant shall exhaust the formal complaint procedures
before filing suit in any other forum.
(iii) Automatic review. The responsible postal manager's proposed
disposition of the informal complaint shall be submitted to the
appropriate district/program manager for review. The district/program
manager shall forward the proposed disposition to the area/functional
vice president for review and issuance of the written decision. This
automatic review process shall be completed such that the written
decision of the area/functional vice president shall be sent to the
complainant no later than the 60th day from the agency's receipt of the
informal complaint.
[[Page 84]]
(2) Formal complaints. If an informal complaint filed under
paragraph (d)(1) of this section denies relief, the complainant may seek
relief in any other appropriate forum, including the right to file a
formal complaint with the Vice President and Consumer Advocate in
accordance with the following procedures. If the complainant files a
formal complaint with the Vice President and Consumer Advocate, the
complainant shall exhaust the formal complaint procedures before filing
suit in any other forum.
(i) Where to file. Formal complaints relating to programs or
activities conducted by the Postal Service or to access of Postal
Service EIT may be filed with the Vice President and Consumer Advocate,
United States Postal Service, 475 L'Enfant Plaza, SW., Washington, DC
20260.
(ii) When to file. A formal complaint shall be filed within 30 days
of the date the complainant receives the decision of the area/functional
vice president to deny relief. For purposes of determining when a formal
complaint is timely filed under paragraph (d)(2)(ii) of this section, a
formal complaint mailed to the agency shall be deemed filed on the date
it is postmarked. Any other formal complaint shall be deemed filed on
the date it is received by the Vice President and Consumer Advocate.
(iii) Acceptance of the formal complaint. The Vice President and
Consumer Advocate shall accept a timely filed formal complaint that
meets the requirements of Sec. 255.2(d), that is filed after fulfilling
the informal exhaustion procedures of Sec. 255.6(d)(1), and over which
the agency has jurisdiction. The Vice President and Consumer Advocate
shall notify the complainant of receipt and acceptance of the formal
complaint within 15 days of the date the Vice President and Consumer
Advocate received the formal complaint.
(iv) Resolution of the formal complaint. Within 180 days of receipt
and acceptance of a formal complaint over which the agency has
jurisdiction, the Vice President and Consumer Advocate shall notify the
complainant of the results of the investigation of the formal complaint.
The notice shall be a written decision stating whether or not relief is
being granted and the reasons for granting or denying relief. The notice
shall state that it is the final decision of the Postal Service on the
formal complaint.
(e) No retaliation. No person shall be subject to retaliation for
opposing any practice made unlawful by the Rehabilitation Act of 1973,
as amended, 29 U.S.C. 791, or for participating in any stage of
administrative or judicial proceedings under the statute.
Sec. 255.7 Special arrangements for postal services.
Members of the public who are unable to use or who have difficulty
using certain postal services may be eligible under postal regulations
for special arrangements. Some of the special arrangements that the
Postal Service has authorized are listed below. No one is required to
use any special arrangement offered by the Postal Service, but an
individual's refusal to make use of a particular special arrangement
does not require the Postal Service to offer other special arrangements
to that individual.
(a) The Postal Operations Manual offers information on special
arrangements for the following postal services:
(1) Carrier delivery services and programs.
(2) Postal retail services and programs.
(i) Stamps by mail or phone.
(ii) Retail service from rural carriers.
(iii) Self-service postal centers. Self-service postal centers
contain vending equipment for the sale of stamps and stamp items, and
deposit boxes for parcels and letter mail. Many centers are accessible
to individuals in wheelchairs. Information regarding the location of the
nearest center may be obtained from a local post office.
(b) The Domestic Mail Manual, the Administrative Support Manual, and
the International Mail Manual contain information regarding postage-free
mailing for mailings that qualify.
(c) Inquiries and requests. Members of the public wishing further
information about special arrangements for particular postal services
may contact their local postal manager.
(d) Response to a request or complaint regarding a special
arrangement for postal
[[Page 85]]
services. A local postal manager receiving a request or complaint about
a special arrangement for postal services must provide any arrangement
as required by postal regulations. If no special arrangements are
required by postal regulations, the local postal manager, in
consultation with the district manager or area manager, as needed, may
provide a special arrangement or take any action that will accommodate
an individual with a disability as required by section 504 or by this
part.
Sec. 255.8 Access to postal facilities.
(a) Legal requirements and policy--(1) ABA Standards. Where the
design standards of the Architectural Barriers Act (ABA) of 1968, 42
U.S.C. 4151 et seq., do not apply, the Postal Service may perform a
discretionary retrofit to a facility in accordance with this part to
accommodate individuals with disabilities.
(2) Discretionary modifications. The Postal Service may modify
facilities not legally required to conform to ABA standards when it
determines that doing so would be consistent with efficient postal
operations. In determining whether modifications not legally required
should be made, due regard is to be given to:
(i) The cost of the discretionary modification;
(ii) The number of individuals to be benefited by the modification;
(iii) The inconvenience, if any, to the general public;
(iv) The anticipated useful life of the modification to the Postal
Service;
(v) Any requirement to restore a leased premises to its original
condition at the expiration of the lease, and the cost of such
restoration;
(vi) The historic or architectural significance of the property in
accordance with the National Historic Preservation Act of 1966, 16
U.S.C. 470 et seq.;
(vii) The availability of other options to foster service
accessibility; and
(viii) Any other factor that is relevant and appropriate to the
decision.
(b) Inquiries and requests. (1) Inquiries concerning access to
postal facilities, and requests for discretionary alterations of postal
facilities not covered by the design standards of the ABA, may be made
to the local postal manager of the facility involved.
(2) The local postal manager's response to a request or complaint
regarding an alteration to a facility will be made after consultation
with the district manager or the area manager. If the determination is
made that modification to meet ABA design standards is not required, a
discretionary alteration may be made on a case-by-case basis in
accordance with the criteria listed in paragraph (a)(2) of this section.
If a discretionary alteration is not made, the local postal manager
should determine if a special arrangement for postal services under
Sec. 255.7 can be provided.
Sec. 255.9 Other postal regulations; authority of postal managers
and employees.
This part supplements all other postal regulations. Nothing in this
part is intended either to repeal, modify, or amend any other postal
regulation, to authorize any postal manager or employee to violate or
exceed any regulatory limit, or to confer any budgetary authority on any
postal official or employee outside normal budgetary procedures.
PART 259_SERVICES PERFORMED FOR OTHER AGENCIES--Table of Contents
Sec.
259.1 Government.
259.2 Red Cross.
Sec. 259.1 Government.
(a) Policy. The Postal Service cooperates with Federal Agencies
whenever the overall costs to Government will be reduced. Assistance in
a number of special projects and programs is provided when the knowledge
and abilities of postal employees are helpful.
(b) Reimbursement. The Postal Service establishes reasonable fees
and charges for nonpostal services performed for agencies of the Federal
as well as State governments. In establishing such fees and charges, the
Postal Service considers the value of time of the personnel directly
involved in the performance of the service, including direct supervision
and supporting functions, plus the cost of materials and
[[Page 86]]
supplies specifically sold, used or consumed. Also included is an
element representing a reasonable share of Postal Service general
overhead costs which are not attributable or assignable specifically to
any product or service. The establishment of such fees and charges shall
be reasonably consistent with the methods employed in establishing rates
and fees for postal services then in effect.
(c) Except as provided in paragraph (d) of this section,
arrangements for Postal Service participation in special surveys,
censuses, and other activities must be made between the national
headquarters of the requesting agencies and the Customer Services
Department, U.S. Postal Service, Washington, DC 20260. Refer all
requests to the Regional Postmaster General for forwarding to
Headquarters. Authority to perform services for Government agencies is
announced in the Postal Bulletin or by individual letters to the offices
involved.
(d) Housing Vacancy Surveys--(1) General. An interagency agreement
between the U.S. Postal Service (USPS) and the Federal Home Loan Bank
Board (FHLBB) establishes the terms and conditions and reimbursement
rates under which USPS will conduct Housing Vacancy Surveys in City
Delivery offices when requested by FHLBB.
(2) Restrictions. The Agreement only authorizes the disclosure of
aggregate statistical data. Postal managers must not permit the name or
address of any past or present postal patron, or any other person to be
disclosed unless such disclosure is authorized in writing by USPS
Regions or Headquarters and is not in violation of 39 U.S.C. 412.
(3) Postmaster's Responsibility. (i) A postmaster will receive
notification from FHLBB when his office has been selected to conduct a
Housing Vacancy Survey. Normally, written notification will be mailed to
the postmaster 30 days in advance of the date FHLBB would like USPS to
conduct the survey, since USPS is under no obligation to use overtime or
auxiliary assistance to conduct these surveys. The postmaster or his
designee will schedule the survey on or near the date requested and will
promptly reply to FHLBB so that the necessary forms will be provided on
time.
(ii) All necessary forms and instructions will be supplied directly
to each post office to be surveyed. Postmasters will designate a manager
in each delivery unit to coordinate the survey within the unit and to
review completed survey forms for accuracy.
(iii) FHLBB may request USPS to perform special or emergency surveys
with less than 30 days advance notice. Since FHLBB has agreed to
reimburse USPS at twice the normal rates for promptly performing such
surveys, every reasonable effort should be made to accommodate such
requests in a timely manner.
(iv) Housing Vacancy Surveys will not be conducted during the month
of December of any year.
(v) Postmasters will notify the Office of Delivery and Collection,
Washington, DC 20260, of the number of each type survey form completed
for FHLBB. FHLBB will then remit payment directly to Headquarters, USPS.
(vi) USPS will not release or publish any survey results except in
response to a court order, subpoena, or as required by the Freedom of
Information Act.
(e) Unauthorized projects prohibited. Do not conduct special surveys
or otherwise participate in any cooperative projects without the
authorization in paragraph (c) of this section.
(39 U.S.C. 401, 411)
[36 FR 4773, Mar. 12, 1971, as amended at 40 FR 26511, June 24, 1975; 41
FR 56196, Dec. 27, 1976; 42 FR 58170, Nov. 8, 1977; 42 FR 63170, Dec.
15, 1977]
Sec. 259.2 Red Cross.
(a) General. The Postal Service and the Red Cross cooperate to
maintain communication between the individual and the community during
times of disaster. This applies only to natural disasters such as those
caused by floods, tornados, hurricanes, earthquakes, fires, explosions,
etc., and not to those caused by enemy action.
(b) Role of Postal Service. The Postal Service and the Red Cross
will share information on the whereabouts of persons displaced by
disasters, and otherwise cooperate with each other, as follows:
[[Page 87]]
(1) The Red Cross will use Form 3575, Change of Address Order, as a
standard item in Red Cross disaster relief. It will urge disaster
victims displaced from their homes to obtain and complete the forms, it
will distribute the forms to disaster victims who need them, and it will
collect from the victims and turn over to the Postal Service any
completed forms received.
(2) The Postal Service will provide the Red Cross the blank forms
needed.
(3) During each disaster and subsequent disaster relief efforts, the
Postal Service will establish a separate file of change of address forms
completed by disaster victims, and will make available to the Red Cross
information in the file. This information will be used by the Red Cross
only to locate individuals and families, to answer inquiries from
relatives and friends concerning the whereabouts and welfare of the
disaster victims, or to make contact with disaster victims who have
applied for assistance from the Red Cross but who cannot be located
because of a change of address.
(4) The Postal Service and the Red Cross will encourage appropriate
local postal officials and Red Cross chapters to maintain contact with
each other and to participate in local and community planning for
disasters.
(5) When appropriate, the Postal Service and the Red Cross will meet
and exchange information at the national headquarters level concerning
the effectiveness of their joint efforts for disaster relief.
(6) Regional Postmasters General and Postal Inspectors in Charge are
responsible for seeing that post offices implement these cooperative
arrangements in disaster situations.
(7) The instructions in Sec. 259.2 serve as a broad framework
within which field officials of both agencies may coordinate their
facilities and resources. However, postal officials shall cooperate with
Red Cross officials to the maximum feasible degree during times of
natural disasters.
(39 U.S.C. 401, 411)
[36 FR 4773, Mar. 12, 1971, as amended at 40 FR 26511, June 24, 1975]
Records and Information--Table of Contents
PART 261_RECORDS AND INFORMATION MANAGEMENT--Table of Contents
Sec.
261.1 Purpose and scope.
261.2 Authority.
261.3 Policy.
261.4 Responsibility.
Authority: 39 U.S.C. 401.
Sec. 261.1 Purpose and scope.
As a result of the Postal Reorganization Act, 39 U.S.C. 410, the
U.S. Postal Service is no longer subject to the provisions of the
Federal Records Act of 1950, or any of its supporting regulations which
provide for the conduct of records management in Federal agencies. The
objective of Parts 261 through 268 is to provide the basis for a Postal
Service-wide records and information management program affecting all
organizational components having the custody of any form of information
and records.
[40 FR 45721, Oct. 2, 1975; 40 FR 48511, Oct. 16, 1975]
Sec. 261.2 Authority.
(a) 39 U.S.C. 401(5) states that the Postal Service has the power to
acquire property it deems necessary or convenient in the transaction of
its business and to hold, maintain, sell, lease or otherwise dispose of
such property.
(b) 39 CFR 262.2 assigns to the Postal Service Records Office,
located under the Privacy Office responsibility for the retention,
security, and privacy of Postal Service records and the power to
authorize the disclosure of such records and to order their disposal by
destruction or transfer. Included is the authority to issue records
management policy and to delegate or take appropriate action if that
policy is not adhered to or if questions of interpretation of procedure
arise.
[40 FR 45721, Oct. 2, 1975, as amended at 44 FR 51223, Aug. 31, 1979; 60
FR 57344, Nov. 15, 1995; 68 FR 56558, Oct. 1, 2003]
Sec. 261.3 Policy.
It is the policy of the Postal Service:
(a) To, as appropriate, create, preserve, protect and disclose
records
[[Page 88]]
which contain adequate and proper documentation of the organization,
functions, policies, decisions, operations, procedures, activities and
transactions of the Postal Service,
(b) To reduce to an absolute minimum the records holdings of the
Postal Service by strict adherence to established records retention
schedules.
[40 FR 45721, Oct. 2, 1975, as amended at 44 FR 51223, Aug. 31, 1979]
Sec. 261.4 Responsibility.
(a) The Manager, Records Office, under the Privacy Office,
administers the Postal Service release of information and privacy of
information programs with the assistance of FOIA coordinators in the
Consumer Affairs function of area and district offices.
(b) The Chief Privacy Officer, under the Vice President and Consumer
Advocate, is responsible for administering records and information
management policies and for the compliance of all handbooks, directives,
and instructions in support of this policy.
(c) Postal Service managers are responsible for administering
records and information management policies and for complying with all
handbooks, directives, and instructions in support of this policy.
[64 FR 41290, July 30, 1999, as amended at 68 FR 56558, Oct 1, 2003]
PART 262_RECORDS AND INFORMATION MANAGEMENT DEFINITIONS--Table of Contents
Sec.
262.1 Purpose and scope.
262.2 Officials.
262.3 Information.
262.4 Records.
262.5 Systems (Privacy).
262.6 Retention and disposal.
262.7 Non-records.
Authority: 5 U.S.C. 552, 552a; 39 U.S.C. 401.
Source: 49 FR 30693, Aug. 1, 1984, unless otherwise noted.
Sec. 262.1 Purpose and scope.
This part contains the official definition of those basic records
and information management terms that are frequently used throughout
Postal Service regulations and directives.
Sec. 262.2 Officials.
(a) Chief Privacy Officer. The Chief Privacy Officer (CPO) is
responsible for the issuance of policy on the protection of privacy and
the release of Postal Service records with the power to authorize the
disclosure of such records and to delegate or take appropriate action if
that policy is not adhered to or if questions of interpretation or
procedure arise. The CPO directs the activities of the Privacy Office
and the Records Office.
(b) Manager, Records Office. The Manager, Records Office, manages
the Records Office, and is responsible for establishing procedures and
guidelines to ensure that record management practices are in compliance
with the Privacy Act and FOIA. The Manager, Records Office, may also
delegate or take appropriate action if policies are not adhered to or if
questions of interpretation or procedures arise.
(c) Records Custodian. The postmaster or other head of a facility
such as an area vice president, district manager, or head of a postal
installation or department who maintains Postal Service records. Vice
presidents are the custodians of records maintained at Headquarters.
Senior medical personnel are the custodians of restricted medical
records maintained within postal facilities.
(d) Information System Executive. The Postal Service official who
prescribes the existence of and the policies for an information system;
usually this is a Vice President.
(e) Records Office. The Records Office is responsible for the
issuance of policy on the maintenance and disposition of Postal Service
records and information, and to delegate or take appropriate action if
such policy is not adhered to or if questions of interpretation or
procedure arise.
[49 FR 30693, Aug. 1, 1984, as amended at 51 FR 26385, July 23, 1986; 60
FR 57344, Nov. 15, 1995; 63 FR 6481, Feb. 9, 1998; 64 FR 41290, July 30,
1999; 68 FR 56558, Oct. 1, 2003]
Sec. 262.3 Information.
Data combined with the knowledge of its context and having the
potential to serve a Postal Service use.
[[Page 89]]
(a) Sensitive information. Information which has been identified by
the USPS as restricted or critical.
(1) Critical information. Information that must be available in
order that the Postal Service effectively perform its mission and meet
legally assigned responsibilities; and for which special precautions are
taken to ensure its accuracy, relevance, timeliness and completeness.
This information, if lost, would cause significant financial loss,
inconvenience or delay in performance of the USPS mission.
(2) Restricted information. Information that has limitations placed
upon both its access within the Postal Service and disclosure outside
the Postal Service consistent with the Privacy and Freedom of
Information Acts.
(i) Restricted mandatory. Information that has limitations upon its
internal access and that may be disclosed only in accordance with an
Executive Order, public law, or other Federal statute and their
supporting postal regulations.
(ii) Restricted discretionary. Information that has limitations upon
its internal access and that may be withheld from external disclosure
solely in accordance with postal regulations, consistent with the
Freedom of Information Act.
(b) Classified information (National Security). Information about
the national defense and foreign relations of the United States that has
been determined under Executive Order 12356 to require protection
against unauthorized disclosure and has been so designated.
Sec. 262.4 Records.
Recorded information, regardless of media, format, or physical
characteristics, including electronic data, developed or received by the
Postal Service in connection with the transaction of its business and
retained in its custody; for machine-readable records, a collection of
logically related data treated as a unit.
(a) Permanent record. A record determined by the Records Office or
the National Archives and Records Administration as having sufficient
historical or other value to warrant continued preservation. (All other
records are considered temporary and must be scheduled for disposal.)
(b) Corporate records. Those records series that are designated by
the Records Office as containing information of legal, audit, obligatory
or archival value about events and transactions of interest to the
entire corporate body of the Postal Service. Corporate records are
distinguished from operational records, which have value only in their
day-to-day use, and from precedential files, which have value only as
examples.
(c) Active record. A record that contains information used for
conducting current business.
(d) Inactive record. A record that contains information which is not
used for conducting current business, but for which the retention period
has not yet expired.
(e) Vital records. Certain records which must be available in the
event of a national emergency in order to ensure the continuity of
Postal Service operations and the preservation of the rights and
interests of the Postal Service, its employees, contractors and
customers. There are two types of vital records: Emergency Operating
Records and Rights and Interests Records.
(1) Emergency operating records. Certain vital records necessary to
support essential functions of the Postal Service during and immediately
following a national emergency.
(2) Rights and interest records. Certain vital records maintained to
ensure the preservation of the rights and interests of the Postal
Service, its employees, contractors and customers.
[49 FR 30693, Aug. 1, 1984, as amended at 51 FR 26385, July 23, 1986; 60
FR 57344, Nov. 15, 1995; 63 FR 6481, Feb. 9, 1998; 64 FR 41290, July 30,
1999; 68 FR 56558, Oct. 1, 2003]
Sec. 262.5 Systems (Privacy).
(a) Privacy Act system of records. A Postal Service system
containing information about individuals, including mailing lists, from
which information is retrieved by the name of an individual or by some
identifying number or symbol assigned to the individual, such as a
Social Security Account Number.
[[Page 90]]
(b) Individual (record subject). A living person. Does not include
sole proprietorships, partnerships or corporations. A business firm
identified by the name of one or more persons is not an individual.
(c) Computer matching program. A ``matching program,'' as defined in
the Privacy Act, 5 U.S.C. 552a(a)(8), is subject to the matching
provisions of the Act, published guidance of the Office of Management
and Budget, and these regulations. The term ``matching program''
includes any computerized comparison of:
(1) A Postal Service automated system of records with an automated
system of records of another Federal agency, or with non-Federal
records, for the purpose of:
(i) Establishing or verifying the eligibility of, or continuing
compliance with statutory and regulatory requirements by, applicants
for, recipients or beneficiaries of, participants in, or providers of
services with respect to, cash or in-kind assistance or payments under
Federal benefit programs, or
(ii) Recouping payments or delinquent debts under such Federal
benefit programs;
(2) A Postal Service automated personnel or payroll system of
records with another automated personnel or payroll system of records of
the Postal Service or other Federal Agency or with non-Federal records.
(d) Other computer matching activities. (1) The following kinds of
computer matches are specifically excluded from the term ``matching
program'':
(i) Statistical matches whose purpose is solely to produce aggregate
data stripped of personal identifiers.
(ii) Statistical matches whose purpose is in support of any research
or statistical project.
(iii) Law enforcement investigative matches whose purpose is to
gather evidence against a named person or persons in an existing
investigation.
(iv) Tax administration matches.
(v) Routine administrative matches using Federal personnel records,
provided that the purpose is not to take any adverse action against an
individual.
(vi) Internal matches using only records from Postal Service systems
of records, provided that the purpose is not to take any adverse action
against any individual.
(vii) Matches performed for security clearance background checks or
for foreign counterintelligence.
(2) Although these and other matching activities that fall outside
the definition of ``matching program'' are not subject to the matching
provisions of the Privacy Act or OMB guidance, other provisions of the
Act and of these regulations may be applicable. No matching program or
other matching activity may be conducted without the prior approval of
the Records Office.
[49 FR 30693, Aug. 1, 1984, as amended at 59 FR 37160, July 21, 1994; 60
FR 57344, Nov. 15, 1995; 64 FR 41290, July 30, 1999; 68 FR 56558, Oct.
1, 2003]
Sec. 262.6 Retention and disposal.
(a) Records control schedule. A directive describing records series
that are maintained by components of the Postal Service; it provides
maintenance, retention, transfer, and disposal instructions for each
series listed, and serves as the authority for Postal officials to
implement such instructions.
(b) Disposal (records). The permanent removal of records or
information from Postal Service custody; included are:
(1) Transfer to the National Archives.
(2) Donation to the Smithsonian Institution, local museums or
historical societies.
(3) Sale as waste material.
(4) Discarding.
(5) Physical destruction.
(c) Retention period. The authorized length of time that a records
series must be kept before its disposal, usually stated in terms of
months or years, but sometimes expressed as contingent upon the
occurrence of an event; usually the retention period refers to the
period of time between the creation of a series and its authorized
disposal date; however, in some cases it refers to the length of time
between the cutoff point and the disposal date.
Sec. 262.7 Non-records.
(a) Non-record material. Includes blank forms and surplus
publications, handbooks, circulars, bulletins, announcements, and other
directives as
[[Page 91]]
well as any material not directly associated with the transaction of
Postal Service business.
(b) Personal papers. Those materials created or received during an
individual's period of employment with the Postal Service which are of a
purely private or nonofficial character, or which were neither created
nor received in connection with Postal Service business.
PART 263_RECORDS RETENTION AND DISPOSITION--Table of Contents
Sec.
263.1 Purpose and scope.
263.2 Policy.
263.3 Responsibility.
263.4 Records disposal.
263.5 Inquiries.
Authority: 39 U.S.C. 401.
Source: 40 FR 45722, Oct. 2, 1975, unless otherwise noted.
Sec. 263.1 Purpose and scope.
This part contains the policy and general regulations pertaining to
the retention and disposition of records and information throughout all
organizational levels and components.
Sec. 263.2 Policy.
It is the policy of the U.S. Postal Service to establish and
maintain schedules specifying the retention periods required for all
official and duplicate record copies. Furthermore, it is the policy that
all duplicate record copies and non-record material will be disposed of
as soon as they have served their purpose.
Sec. 263.3 Responsibility.
(a) Records Office. Records Office has the responsibility for
providing for the establishment of retention schedules and has the
authority to approve them. Furthermore, that office has the authority to
dispose of Postal Service records by transfer or destruction.
(b) Custodians. Custodians are responsible for the retention and
prompt disposal of records in their custody and for delegating in
writing, persons to perform these duties.
[40 FR 45722, Oct. 2, 1975, as amended at 60 FR 57344, Nov. 15, 1995; 64
FR 41290, July 30, 1999; 68 FR 56558, Oct. 1, 2003]
Sec. 263.4 Records disposal.
All disposals of records containing sensitive information, i.e.
transfers to records storage centers, destruction, transfers external to
the USPS, and maintenance of accounting records regarding such disposal,
must be accomplished in accordance with procedures issued by the Records
Office.
[40 FR 45722, Oct. 2, 1975, as amended at 60 FR 57344, Nov. 15, 1995.
Redesignated and amended at 64 FR 41290, July 30, 1999; 68 FR 56558,
Oct. 1, 2003]
Sec. 263.5 Inquiries.
Inquiries regarding records maintenance and disposition should be
directed to the Manager, Records Office, United States Postal Service,
475 L'Enfant Plaza, SW., Washington, DC 20260, or, by telephone, (202)
268-2608.
[64 FR 41290, July 30, 1999, as amended at 68 FR 56558, Oct. 1, 2003]
PART 264_VITAL RECORDS--Table of Contents
Sec.
264.1 Purpose and scope.
264.2 Policy.
264.3 Responsibility.
264.4 Vital Records Program.
Authority: 39 U.S.C. 401.
Source: 44 FR 51224, Aug. 31, 1979, unless otherwise noted.
Sec. 264.1 Purpose and scope.
Certain records are critical to the continuity of Postal Service
operations or to the preservation of the rights and interests of the
Postal Service, its employees, contractors or customers. To ensure that
these records are available when needed, specific controls are required
which affect all organizational components having the custody of records
defined as being ``vital.''
Sec. 264.2 Policy.
It is the policy of the U.S. Postal Service to ensure the
availability of all
[[Page 92]]
records considered critical to the continuity of its operations and the
preservation of the rights and interests of the Postal Service, its
employees, contractors, and customers. Vital records shall be routinely
maintained at predesignated off-site locations to ensure their
availability when needed by management and operating personnel.
Sec. 264.3 Responsibility.
(a) Manager, Records Office. The Manager, Records Office, is
responsible for categorizing records as vital, and in conjunction with
the Chief Postal Inspector/Emergency Coordinator shall establish and
maintain the vital records program, and ensure compliance with
supportive procedures.
(b) Chief Postal Inspector. As the Postal Service's Emergency
Coordinator, the Chief Postal Inspector shall establish and maintain a
program to ensure that vital records are available at predesignated off-
site locations for use during a national emergency.
(c) Custodians. Custodians are responsible for following vital
records program procedures including the forwarding of vital records to
predesignated off-site locations.
[44 FR 51224, Aug. 31, 1979, as amended at 60 FR 57344, Nov. 15, 1995;
64 FR 41290, July 30, 1999; 68 FR 56558, Oct. 1, 2003]
Sec. 264.4 Vital Records Program.
Complete procedures concerning the identification, categorization,
processing, protection, and transfer of vital records are provided by
the office of Corporate Accounting or the USPS Emergency Coordinator, as
appropriate.
[44 FR 51224, Aug. 31, 1979, as amended at 60 FR 57344, Nov. 15, 1995;
64 FR 41290, July 30, 1999]
PART 265_RELEASE OF INFORMATION--Table of Contents
Sec.
265.1 Purpose and scope.
265.2 Policy.
265.3 Responsibility.
265.4 Inquiries.
265.5 Public reading rooms.
265.6 Availability of records.
265.7 Procedure for inspection and copying of records.
265.8 Business information; procedures for predisclosure notification to
submitters.
265.9 Schedule of fees.
265.10 Annual report.
265.11 Compliance with subpoena duces tecum, court orders, and
summonses.
265.12 Demands for testimony or records in certain legal proceedings.
265.13 Compliance with subpoenas, summonses, and court orders by postal
employees within the Inspection Service where the Postal
Service, the United States, or any other federal agency is not
a party.
Appendix A to Part 265--Fees for Computer Services
Authority: 5 U.S.C. 552; 5 U.S.C. App. 3; 39 U.S.C. 401, 403, 410,
1001, 2601.
Sec. 265.1 Purpose and scope.
(a) This part contains the regulations of the Postal Service
relating to the availability to the public of Postal Service records.
Included in this part are the regulations which implement section 552 of
title 5, U.S.C., the ``Freedom of Information Act,'' insofar as it
applies to the Postal Service.
(b) Official records of the Postal Service made available pursuant
to the requirements of the Act shall be furnished to members of the
public as prescribed by this part.
[40 FR 7331, Feb. 19, 1975]
Sec. 265.2 Policy.
(a) It is the policy of the Postal Service to make its official
records available to the public to the maximum extent consistent with
the public interest. This policy requires a practice of full disclosure
subject only to the specific exemptions required or authorized by law.
(b) The exemptions from mandatory disclosure provided by section
552(b) of title 5, and section 410(c) of title 39, U.S.C., for various
types of records, reflect the fact that under some circumstances the
public interest may be better served by leaving the disclosure of
particular records to the discretion of the Postal Service than by
requiring their disclosure. As to those records the disclosure of which
is not prohibited by statute, Executive Order, or regulation, the
discretion vested in the Postal Service is exercised after giving
consideration to the following: The effect of non-disclosure on the
public's
[[Page 93]]
right to know about a particular matter; the effect of disclosure on the
right of privacy of any affected individuals; the effect of disclosure
on the public interest in the economical, efficient, and orderly
operation of the nation's mail system; and any other factors that may be
relevant under the circumstances.
[40 FR 7331, Feb. 19, 1975, as amended at 45 FR 44270, July 1, 1980]
Sec. 265.3 Responsibility.
(a) Custodian. Official records are in the custody of the postmaster
or other head of a facility or department at which they are maintained,
as defined at Sec. 262.2(c) of this chapter. These custodians are
responsible for responding in the first instance to requests from
members of the public for Postal Service records.
(b) Manager, Records Office. The Postal Service Manager, Records
Office, under the Privacy Office, is responsible for the overall
administration of this part, including the issuance of detailed
instructions to custodians.
(c) General Counsel. The General Counsel decides timely appeals
authorized by this part.
[40 FR 7331, Feb. 19, 1975, as amended at 45 FR 44270, July 1, 1980; 60
FR 57344, Nov. 15, 1995; 63 FR 6481, Feb. 9, 1998; 64 FR 41290, July 30,
1999; 68 FR 56558, Oct. 1, 2003]
Sec. 265.4 Inquiries.
Inquiries regarding the availability of Postal Service records
should be directed to the appropriate records custodian. If the
appropriate records custodian is not known, inquiries should be directed
to the Manager, Records Office, U.S. Postal Service, 475 L'Enfant Plaza
SW., Washington, DC 20260, telephone (202) 268-2608.
[60 FR 57345, Nov. 15, 1995, as amended at 64 FR 41290, July 30, 1999;
68 FR 56559, Oct. 1, 2003]
Sec. 265.5 Public reading rooms.
The Library of the Postal Service Headquarters, 475 L'Enfant Plaza
SW, Washington, DC 20260-1641, serves as public reading room for the
materials which are listed in paragraphs (a)(2), (3), (4) and (5) of
Sec. 265.6 as available for public inspection and copying. Such of this
material as has been created by the Postal Service on or after November
1, 1996, and has not been published and offered for sale, also will be
available in electronic format at the Postal Service's world wide web
site at http://www.usps.com/foia.
[63 FR 6481, Feb. 9, 1998, as amended at 68 FR 56559, Oct. 1, 2003]
Sec. 265.6 Availability of records.
(a) Records available to the public on request--(1) General. Postal
Service records are available for inspection or copying at the request
of any person, in accordance with the provisions of this part, except as
otherwise provided by law or regulations, including but not limited to
paragraphs (b) through (g) of this section. Certain categories of
records of particular interest are available on a continuing basis as
provided in paragraphs (a)(2), (3), and (4) of this section and are
listed in a public index as provided in paragraphs (a)(4) and (5) of
this section. Access to other records may be requested on an individual
basis in accordance with the procedures provided in Sec. 265.7.
Official records which are maintained on an electronic storage medium
will normally be made available, in accordance with this part, as an
exact duplicate of the requested original in a form readable by the
human eye, such as a computer print-out. On request, records will be
provided in a different form or format if they are maintained in the
requested form or format or if they can be readily reproduced in the
requested form or format.
(2) Opinions. All final opinions and orders made in the adjudication
of cases by the Judicial Officer and Administrative Law Judges, all
final determinations pursuant to section 404(b) of title 39, United
States Code, to close or consolidate a post office, or to disapprove a
proposed closing or consolidation, all advisory opinions concerning the
private express statutes issued pursuant to 39 CFR 310.6, and all bid
protest decisions are on file and available for inspection and copying
at the Headquarters Library and, if created on or after November 1,
1996, also at the Postal Service's world wide web site identified at
Sec. 265.5.
[[Page 94]]
(3) Administrative manuals and instructions to staff. The manuals,
instructions, and other publications of the Postal Service that affect
members of the public are available through the Headquarters Library and
at many post offices and other postal facilities. Those which are
available to the public but are not listed for sale may be inspected in
the Headquarters Library, at any postal facility which maintains a copy,
or, if created on or after November 1, 1996, through the world wide web
site identified at Sec. 265.5. Copies of publications which are not
listed as for sale or as available free of charge may be obtained by
paying a fee in accordance with Sec. 265.9.
(4) Previously released records. Records processed and disclosed
after March 31, 1997, in response to a Freedom of Information Act
request, which the Postal Service determines have become or are likely
to become the subject of subsequent requests for substantially the same
records, are available for inspection and copying at the Headquarters
Library. Any such records created by the Postal Service on or after
November 1, 1996, also will be available at the Postal Service's world
wide web site identified at Sec. 265.5. Records described in this
paragraph that were not created by, or on behalf of, the Postal Service
generally will not be available at the world wide web site. Records will
be available in the form in which they were originally disclosed, except
to the extent that they contain information that is not appropriate for
public disclosure and may be withheld pursuant to this section. Any
deleted material will be marked and the applicable exemption(s)
indicated in accordance with Sec. 265.7(d)(3). A general index of the
records described in this paragraph is available for inspection and
copying at the Headquarters Library. [Beginning on or before December
31, 1999, the index also will be available at the Postal Service's world
wide web site.]
(5) Public index. (i) A public index is maintained in the
Headquarters Library and at the world wide web site of all final
opinions and orders made by the Postal Service in the adjudication of
cases, Postal Service policy statements which may be relied on as
precedents in the disposition of cases, administrative staff manuals and
instructions that affect the public, and other materials which the
Postal Service elects to index and make available to the public on
request in the manner set forth in paragraph (a) of this section.
(ii) The index contains references to matters issued after July 4,
1967, and may reference matters issued prior to that date.
(iii) Any person may arrange for the inspection of any matter in the
public index in accordance with the procedures of Sec. 265.7.
(iv) Copies of the public index and of matters listed in the public
index may be purchased through the Headquarters Library with payment of
fees as listed in the index or as provided in Sec. 265.9.
(v) Materials listed in the public index that were created on or
after November 1, 1996, will also be available in electronic format at
the Postal Service's world wide web site at http://www.usps.gov.
(6) Listings of employees' names. Upon written request, the Postal
Service will, to the extent required by law, provide a listing of postal
employees working at a particular postal facility.
(b) Records not subject to mandatory public disclosure. Certain
classes of records are exempt from mandatory disclosure under exemptions
contained in the Freedom of Information Act and in section 410(c) of
title 39, U.S.C. The Postal Service will exercise its discretion, in
accordance with the policy stated in Sec. 265.2, as implemented by
instructions issued by the Records Office with the approval of the
General Counsel in determining whether the public interest is served by
the inspection or copying of records that are:
(1) Related solely to the internal personnel rules and practices of
the Postal Service.
(2) Trade secrets, or privileged or confidential commercial or
financial information, obtained from any person.
(3) Information of a commercial nature, including trade secrets,
whether or not obtained from a person outside the Postal Service, which
under good business practice would not be publicly disclosed. This class
includes, but is not limited to:
[[Page 95]]
(i) Information pertaining to methods of handling valuable
registered mail.
(ii) Records of money orders, except as provided in R900 of the
Domestic Mail Manual (DMM).
(iii) Technical information concerning postage meters and prototypes
submitted for Postal Service approval prior to leasing to mailers.
(iv) Reports of market surveys conducted by or under contract in
behalf of the Postal Service.
(v) Records indicating rural carrier lines of travel.
(vi) Records compiled within the Postal Service which would be of
potential benefit to persons or firms in economic competition with the
Postal Service.
(vii) Information which, if publicly disclosed, could materially
increase procurement costs.
(viii) Information which, if publicly disclosed, could compromise
testing or examination materials.
(4) Interagency or internal memoranda or letters that would not be
available by law to a private party in litigation with the Postal
Service.
(5) Reports and memoranda of consultants or independent contractors,
except to the extent they would be required to be disclosed if prepared
within the Postal Service.
(6) Files personal in nature, including medical and personnel files,
the disclosure of which would constitute a clearly unwarranted invasion
of personal privacy.
(7) Information prepared for use in connection with proceedings
under chapter 36 of title 39, U.S.C., relating to rate, classification,
and service changes.
(8) Information prepared for use in connection with the negotiation
of collective bargaining agreements under chapter 12 of title 39,
U.S.C., or minutes of, or notes kept during, negotiating sessions
conducted under such chapter.
(9) Other matter specifically exempted from disclosure by statute.
(c) Records or information compiled for law enforcement purposes.
(1) Investigatory files compiled for law enforcement purposes, whether
or not considered closed, are exempt by statute from mandatory
disclosure except to the extent otherwise available by law to a party
other than the Postal Service, 39 U.S.C. 410(c)(6). As a matter of
policy, however, the Postal Service will normally make records or
information compiled for law enforcement purposes available upon request
unless the production of these records:
(i) Could reasonably be expected to interfere with enforcement
proceedings;
(ii) Would deprive a person of a right to a fair trial or an
impartial adjudication;
(iii) Could reasonably be expected to constitute an unwarranted
invasion of personal privacy;
(iv) Could reasonably be expected to disclose the identity of a
confidential source, including a State, local, or foreign agency or
authority or any private institution which furnished information on a
confidential basis, and, in the case of a record or information compiled
by a criminal law enforcement authority (such as the Postal Inspection
Service) in the course of a criminal investigation, or by an agency
conducting a lawful national security intelligence investigation,
information furnished by a confidential source;
(v) Would disclose techniques and procedures for law enforcement
investigations or prosecutions, or would disclose guidelines for law
enforcement investigations or prosecutions if such disclosure could
reasonably be expected to risk circumvention of the law; or
(vi) Could reasonably be expected to endanger the life or physical
safety of any individual.
(2) Whenever a request is made which involves access to records
described in Sec. 265.6(c)(1)(i), and
(i) The investigation or proceeding involves a possible violation of
criminal law; and
(ii) There is reason to believe that,
(A) The subject of the investigation or proceeding is not aware of
its pendency, and
(B) Disclosure of the existence of the records could reasonably be
expected to interfere with enforcement proceedings, the Postal Service
may, during only such time as that circumstance continues, treat the
records
[[Page 96]]
as not subject to the requirements of the Freedom of Information Act.
(3) Whenever informant records maintained by a criminal law
enforcement agency (such as the Postal Inspection Service) under an
informant's name or personal identifier are requested by a third party
according to the informant's name or personal identifier, the records
may be treated as not subject to the requirements of the Freedom of
Information Act unless the informant's status as an informant has been
officially confirmed.
(4) Authority to disclose records or information compiled for law
enforcement purposes to persons outside the Postal Service must be
obtained from the Chief Postal Inspector, U.S. Postal Service,
Washington, DC 20260-2100, or designee.
(d) Disclosure of names and addresses of customers. Upon request,
the names and addresses of specifically identified Postal Service
customers will be made available only as follows:
(1) Change of address. The new address of any specific customer who
has filed a permanent or temporary change of address order (by
submitting PS Form 3575, a hand-written order, or an electronically
communicated order) will be furnished to any person, except that the new
address of a specific customer who has indicated on the order that the
address change is for an individual or an entire family will be
furnished only in those circumstances stated at paragraph (d)(5) of this
section. Disclosure will be limited to the address of the specifically
identified individual about whom the information is requested (not other
family members or individuals whose names may also appear on the change
of address order). The Postal Service reserves the right not to disclose
the address of an individual for the protection of the individual's
personal safety. Other information on PS Form 3575 or copies of the form
will not be furnished except in those circumstances stated at paragraphs
(d)(5)(i), (d)(5)(iii), or (d)(5)(iv) of this section.
(2) Name and address of permit holder. The name and address of the
holder of a particular bulk mail permit, permit imprint or similar
permit (but not including postage meter licenses), and the name of any
person applying for a permit in behalf of a holder will be furnished to
any person upon the payment of any fees authorized by paragraph (b) of
Sec. 265.9. For the name and address of a postage meter license holder,
see paragraph (d)(3) of this section. (Lists of permit holders may not
be disclosed to members of the public. See paragraph (e)(1) of this
section.)
(3) Name and address of postage evidencing user. The name and
address of an authorized user of a postage meter or PC Postage product
(postage evidencing systems) printing a specified indicium will be
furnished to any person upon the payment of any fees authorized by
paragraph (b) of Sec. 265.9, provided the user is using the postage
meter or PC Postage product for business purposes. The request for this
information must be sent to the manager of Postage Technology
Management, Postal Service Headquarters. The request must include the
original or a photocopy of the envelope or wrapper on which the postage
meter or PC postage indicium in question is printed, and a copy or
description of the contents to support that the sender is a business or
firm and not an individual. (Lists of authorized users of postage meters
or PC Postage products may not be disclosed to members of the public.)
(4) Post Office boxholder information. Information from PS Form
1093, Application for Post Office Box or Caller Service, will be
provided as follows:
(i) Except as provided in paragraph (d)(4)(iii) of this section, the
boxholder applicant name and address from PS Form 1093 will be provided
only in those circumstances stated in paragraphs (d)(5)(i) through
(d)(5)(iii) of this section.
(ii) Except as provided in paragraph (d)(4)(iii) of this section,
the names of persons listed as receiving mail, other than the boxholder
applicant, will be furnished from PS Form 1093 only in those
circumstances stated in paragraphs (d)(5)(i) and (d)(5)(iii) of this
section.
(iii) When a copy of a protective order has been filed with the
postmaster, information from PS Form 1093 will not be disclosed except
pursuant to
[[Page 97]]
the order of a court of competent jurisdiction.
(5) Exceptions. Except as otherwise provided in these regulations,
names or addresses of Postal Service customers will be furnished only as
follows:
(i) To a federal, state or local government agency upon prior
written certification that the information is required for the
performance of its duties. The Postal Service requires government
agencies to use the format appearing at the end of this section when
requesting the verification of a customer's current address or a
customer's new mailing address. If the request lacks any of the required
information or a proper signature, the postmaster will return the
request to the agency, specifying the deficiency in the space marked
`OTHER'. A copy of PS Form 1093 may be provided.
(ii) To a person empowered by law to serve legal process, or the
attorney for a party in whose behalf service will be made, or a party
who is acting pro se, upon receipt of written information that
specifically includes all of the following: (A) A certification that the
name or address is needed and will be used solely for service of legal
process in connection with actual or prospective litigation; (B) a
citation to the statute or regulation that empowers the requester to
serve process, if the requester is other than the attorney for a party
in whose behalf service will be made, or a party who is acting pro se;
(C) the names of all known parties to the litigation; (D) the court in
which the case has been or will be commenced; (E) the docket or other
identifying number, if one has been issued; and (F) the capacity in
which the boxholder is to be served, e.g., defendant or witness. By
submitting such information, the requester certifies that it is true.
The address of an individual who files with the postmaster a copy of a
protective court order will not be disclosed except as provided under
paragraphs (d)(5)(i), (d)(5)(iii), or (d)(5)(iv) of this section. A copy
of Form 1093 will not be provided.
The Postal Service suggests use of the standard format appearing at
the end of this section when requesting information under this
paragraph. When using the standard format on the submitter's own
letterhead, the standard format must be used in its entirety. The
warning statement and certification specifically must be included
immediately before the signature block. If the request lacks any of the
required information or a proper signature, the postmaster will return
it to the requester specifying the deficiency.
Note: The term pro se means that a party is not represented by an
attorney but by himself or herself.
(iii) In compliance with a subpoena or court order, except that
change of address or boxholder information which is not otherwise
subject to disclosure under these regulations may be disclosed only
pursuant to a court order.
(iv) To a law enforcement agency, for oral requests made through the
Inspection Service, but only after the Inspection Service has confirmed
that the information is needed in the course of a criminal
investigation. (All other requests from law enforcement agencies should
be submitted in writing to the postmaster as in paragraph (d)(5)(i) of
this section.)
(6) Jury service. The mailing address of any customer sought in
connection with jury service, if known, will be furnished without charge
upon prior written request to a court official, such as a judge, court
clerk or jury commissioner.
(7) Address verification. The address of a postal customer will be
verified at the request of a Federal, State, or local government agency
upon written certification that the information is required for the
performance of the agency's duties. ``Verification'' means advising such
an agency whether or not its address for a postal customer is one at
which mail for that customer is currently being delivered.
``Verification'' neither means nor implies knowledge on the part of the
Postal Service as to the actual residence of the customer or as to the
actual receipt by the customer of mail delivered to that address. The
Postal Service requires government agencies to use the format appearing
at the end of this section when
[[Page 98]]
requesting the verification of a customer's current address or a
customer's new mailing address. If the request lacks any of the required
information or a proper signature, the postmaster will return the
request to the agency, specifying the deficiency in the space marked
``OTHER''.
(8) Business/Residence location. If the location of a residence or a
place of business is known to a Postal Service employee, whether as a
result of official duties or otherwise, the employee may, but need not,
disclose the location or give directions to it. No fee is charged for
such information.
(9) Private mailbox information. Information from PS Form 1583,
Application for Delivery of Mail Through Agent, will be provided as
follows:
(i) Except as provided in paragraph (d)(9)(iii) of this section,
information from PS Form 1583 will be provided only in the circumstance
stated in paragraph (d)(5)(iii) of this section.
(ii) To the public only for the purpose of identifying a particular
address as an address of an agent to whom mail is delivered on behalf of
other persons. No other information, including, but not limited to, the
identities of persons on whose behalf agents receive mail, may be
disclosed to the public from PS Form 1583.
(iii) Information concerning an individual who has filed a
protective court order with the postmaster will not be disclosed except
pursuant to the order of a court of competent jurisdiction.
(e) Information not available for public disclosure. (1) Except as
provided by paragraph (a)(6) of this section, the Postal Service and its
officers and employees shall not make available to the public by any
means or for any purpose any mailing list or other list of names or
addresses (past or present) of postal patrons or other persons.
(2) Records or other documents which are classified or otherwise
specifically authorized by Executive Order 12356 and implementing
regulations to be kept secret in the interest of the national defense or
foreign policy are not subject to disclosure pursuant to this part.
(3) Records consisting of trade secrets or confidential financial
data, the disclosure of which is prohibited by section 1905 of title 18,
U.S.C., are not subject to disclosure pursuant to this part.
(4) Other records, the disclosure of which is prohibited by statute,
are not subject to disclosure pursuant to this part.
(f) Protection of the right of privacy. If any record required or
permitted by this part to be disclosed contains the name of, or other
identifying details concerning, any person, including an employee of the
Postal Service, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, the name or other identifying
details shall be deleted before the record is disclosed and the
requester so informed.
(g) Disclosure in part of otherwise exempt record. Any reasonably
segregable portion of a record shall be provided after deleting the
information which is neither subject to mandatory disclosure nor
available as a matter of discretion.
[[Page 99]]
[GRAPHIC] [TIFF OMITTED] TR01SE05.084
[[Page 100]]
[GRAPHIC] [TIFF OMITTED] TR01SE05.085
[40 FR 7331, Feb. 19, 1975, as amended at 41 FR 52052, Nov. 26, 1976; 42
FR 59085, Nov. 15, 1977; 45 FR 44270, July 1, 1980; 47 FR 20304, May 12,
1982; 47 FR 21248, May 18, 1982; 48 FR 1969, Jan. 17, 1983; 51 FR 8825,
Mar. 14, 1986; 51 FR 26386, July 23, 1986; 52 FR 13668, Apr. 24, 1987;
52 FR 22778, June 16, 1987; 53 FR 49983, Dec. 13, 1988; 54 FR 3558, Jan.
24, 1989; 59 FR 11550, Mar. 11, 1994; 59 FR 22757, May 3, 1994; 59 FR
62324, Dec. 5, 1994; 59 FR 67225, 67226, 67227, Dec. 29, 1994; 60 FR
57345, Nov. 15, 1995; 62 FR 64282, Dec. 5, 1997; 63 FR 6481, Feb. 9,
1998; 64 FR 41290, July 30, 1999; 65 FR 3859, Jan. 25, 2000; 67 FR
46393, July 15, 2002; 68 FR 56559, Oct. 1, 2003; 69 FR 34932, June 23,
2004; 69 FR 39851, July 1, 2004; 70 FR 22512, Apr. 29, 2005; 70 FR
52016, Sept. 1, 2005]
Sec. 265.7 Procedure for inspection and copying of records.
(a) Submission of requests--(1) Form and content of request. To
permit expeditious handling and timely response in accordance with the
provisions of this part, a request to inspect or to obtain a copy of an
identifiable Postal Service record shall be in writing and bear the
caption ``Freedom of Information Act Request'' or otherwise be clearly
and prominently identified as a request for records pursuant to the
Freedom of Information Act. A request shall be
[[Page 101]]
clearly and prominently identified as such on the envelope or other
cover. Other requests for information will be considered informal
requests and will be handled as expeditiously as practicable but not
necessarily within the time limitations set forth in Sec. 265.7(b). An
informal request will be granted or denied according to the substantive
rules in Sec. 265.6, if found to be a request for a record. A Freedom
of Information Act request shall identify the record sought as
completely as possible, by name, description, or subject matter, and be
sufficient to permit the custodian to locate it with a reasonable amount
of effort. The request may state the maximum amount of fees for which
the requester is willing to accept liability without prior notice. See
paragraph (f)(2) of Sec. 265.8. If no amount is stated, the requester
will be deemed willing to accept liability for fees not to exceed $25.
(2) To whom submitted. A request shall be submitted to the custodian
of the requested record. If the location of the record is not known,
inquiry should be directed to the Manager, Records Office, U.S. Postal
Service, 475 L'Enfant Plaza, SW., Washington, DC 20260, telephone (202)
268-2608. If a request is submitted to a facility other than that at
which the record is maintained, it shall be promptly transmitted to the
appropriate custodian with a copy of the transmittal furnished to the
requester. A request which is not initially submitted to the appropriate
custodian shall be deemed to have been received by the Postal Service
for purposes of computing the time for response is accordance with Sec.
265.7(b) at the time that it is actually received by the appropriate
custodian. If a request seeks records maintained at two or more
facilities, the custodian shall be deemed to be the next senior common
supervisor of the heads of the facilities, e.g., district manager, area
vice president. The Records Office is deemed to be the custodian, for
purposes of this part, in all instances in which a request is for a
listing of postal employees. See Sec. 265.6(a)(6).
(3) Reasons for request. In view of the possibility that some or all
of the records may be exempt from mandatory disclosure, the requester
may state any reasons why the record should nevertheless be made
available to him even if exempt.
(4) Request for waiver of fees. The requester may ask that fees or
the advance payment of fees be waived in whole or in part. A fee waiver
request shall indicate how the information will be used; to whom it will
be provided; whether the requester intends to use the information for
resale at a fee above actual cost; any personal or commercial benefit
that the requester expects as a result of disclosure; in what manner the
general public will benefit from disclosure; and information as to the
intended user's identity, qualifications, expertise in the subject area,
and ability and intention to disseminate the information to the public.
(See Sec. 265.9(g)(3).)
(5) Categorical requests. A request for all or substantially all of
the records within a specific category will be deemed a reasonable
description of those records only if it is possible, without further
information, to determine which particular records are sought. See
paragraph (b)(3) of this section concerning the providing of additional
information.
(6) Request for records located at numerous facilities. A request
for records which are, or may be, located at all or a substantial number
of post offices or other postal facilities will be deemed to be a
reasonable description only of such of those records as are maintained
at the post office or other facility to which the request is submitted,
and of those records maintained at any other post offices or facilities
specifically identified in the request. See paragraph (a)(2) of this
section concerning the custodian of records of two or more facilities.
(b) Responsibilities of the custodian. (1) The custodian of the
requested record is the person responsible for determining whether to
comply with or to deny the request. A custodian who is not an Officer as
defined in Sec. 221.8 of this chapter, however, should not deny a
request until he has obtained the advice of Chief Field Counsel. If
denial of a request appears necessary, the custodian should seek advice
as soon as possible after receipt of the request so as
[[Page 102]]
to provide adequate time for legal review. Denial must be made in
accordance with paragraph (d) of this section.
(2) The custodian shall make the determination whether to release or
deny the record(s) within 20 working days (i.e., exclusive of Saturdays,
Sundays, and holidays) of receiving the request, and more rapidly if
feasible. The custodian and the requester may, by mutual agreement,
preferably in writing, establish a different response period.
(3) If a requested record cannot be located from the information
supplied, the requester should be given an opportunity to supply
additional information and, if feasible, to confer with the custodian or
his/her representative, in an attempt to provide a reasonable
description of the records sought. If additional information is
furnished, the request will be deemed to have been received by the
custodian when sufficient additional information to identify and locate
the record with a reasonable amount of effort has been received.
(4) The custodian shall make reasonable efforts to search for the
records in electronic form or format, except when such efforts would
significantly interfere with the operation of the automated information
system.
(5) The 20 working day response period allowed in paragraph (b)(2)
of this section may be extended by the custodian, after consultation
with Chief Field Counsel or with the General Counsel if the custodian is
at Headquarters, for a period not to exceed an additional 10 working
days, except as provided in paragraph (b)(7) of this section, when, and
to the extent, reasonably necessary to permit the proper processing of a
particular request, under one or more of the following unusual
circumstances:
(i) The request requires a search for and collection of records from
a facility other than that processing the request.
(ii) The request requires the search for, and collection and
appropriate examination of, a voluminous amount of separate and distinct
records.
(iii) The request requires consultation:
(A) With another agency having a substantial interest in the
determination of whether to comply with the request or
(B) Among two or more components of the Postal Service having
substantial subject matter interest in the determination of whether to
comply with the request.
(6) When the custodian finds that the additional time is required,
he shall acknowledge the request in writing within the initial 20-day
response period, state the reason for the delay, and indicate the date
on which a decision as to disclosure is expected.
(7) If a request cannot be processed within the additional time
provided by paragraph (b)(5) of this section, in spite of the exercise
of due diligence, the custodian shall notify the requester of the
exceptional circumstances preventing timely compliance and of the date
by which it is expected that the determination will be made. The
custodian also shall provide the requester an opportunity to limit the
scope of the request so that it may be processed within the extended
time limit, or an opportunity to arrange with the custodian an
alternative time frame for processing the request or a modified request.
The custodian shall nonetheless make a determination on the request as
promptly as possible.
(8) If a requested record is known to have been destroyed, disposed
of, or otherwise not to exist, the requester shall be so notified.
(c) Compliance with request upon affirmative determination by
custodian. (1) When a requested record has been identified and is to be
disclosed in whole or in part, the custodian shall ensure that the
record is made available promptly and shall immediately notify the
requester where and when and under what reasonable conditions, if any,
including the payment of fees, the record will be available for
inspection or copies will be available. Postal Service records will
normally be available for inspection and copying during regular business
hours at the postal facilities at which they are maintained. The
custodian may, however, designate other reasonable locations and times
for inspection and copying of some or all of the records within his
custody.
(2) Any fees authorized or required to be paid in advance by Sec.
265.9(f)(3) shall
[[Page 103]]
be paid by the requester before the record is made available or a copy
is furnished unless payment is waived or deferred pursuant to Sec.
265.9(g).
(3) A custodian complying with a request may designate a
representative to monitor any inspection or copying.
(d) Denial of request. (1) A reply denying a request in whole or in
part shall be in writing, signed by the custodian or his designee, and
shall include:
(i) A statement of the reason for, or justification of, the denial
(e.g., records personal in nature), including, if applicable, a
reference to the provision or provisions of Sec. 265.6 authorizing the
withholding of the record and a brief explanation of how each provision
applies to the records requested.
(ii) If entire records or pages are withheld, a reasonable estimate
of the number of records or pages, unless providing such estimate would
harm an interest protected by the exemption relied upon.
(iii) A statement of the right to appeal and of the appeal procedure
within the Postal Service (described in paragraph (e) of this section).
(2) The custodian is ordinarily the person responsible for the
denial of the request. If the denial of a particular request has been
directed by higher authority, however, the name and title or position of
the person directing the denial shall be given in the reply to the
requester in place of the custodian as the person responsible for the
denial, and a copy of the denial shall be sent to that person.
(3) When information is deleted from a record that is disclosed in
part, the custodian shall indicate, on the released portion of the
record, the amount of information deleted, unless including that
indication would harm an interest protected by the exemption relied on.
The indication must appear, if technically feasible, at the place in the
record where such deletion is made.
(e) Appeal procedure. (1) If a request to inspect or to copy a
record, or a request for expedited processing of the request, is denied,
in whole or in part, if no determination is made within the period
prescribed by this section, or if a request for waiver of fees is not
granted, the requester may appeal to the General Counsel, U.S. Postal
Service, Washington, DC 20260-1100.
(2) The requester shall submit his appeal in writing within 30 days
of the date of the denial or of the other action complained of, or
within a reasonable time if the appeal is from a failure of the
custodian to act. The General Counsel may, in his discretion, consider
late appeals.
(3) In the event of the denial of a request or of other action or
failure to act on the part of a custodian from which no appeal is taken,
the General Counsel may, if he considers that there is doubt as to the
correctness of the custodian's action or failure to act, review the
action or failure to act as though an appeal pursuant to this section
had been taken.
(4) A letter of appeal should include, as applicable:
(i) A copy of the request, of any notification of denial or other
action, and of any other related correspondence;
(ii) A statement of the action, or failure to act, from which the
appeal is taken;
(iii) A statement of the reasons why the requester believes the
action or failure to act is erroneous; and
(iv) A statement of the relief sought.
(f) Action on appeals. (1) The decision of the General Counsel or
his designee constitutes the final decision of the Postal Service on the
right of the requester to inspect or copy a record, or to expedited
processing of the request, as appropriate. The General Counsel will give
prompt consideration to an appeal for expedited processing of a request.
All other decisions normally will be made within 20 working days from
the time of the receipt by the General Counsel. The 20-day response
period may be extended by the General Counsel or his designee for a
period not to exceed an additional 10 working days when reasonably
necessary to permit the proper consideration of an appeal, under one or
more of the unusual circumstances set forth in paragraph (b)(5) of this
section. The aggregate number of additional working days utilized
pursuant to this paragraph (f)(1) and paragraph (b) of this section,
however, may not exceed 10.
(2) The decision on the appeal shall be in writing. If the decision
sustains a
[[Page 104]]
denial of a record, in whole or in part, or if it denies expedited
processing, it shall state the justification therefor and shall inform
the requester of his right to judicial review. In the case of records
withheld, the decision also shall specify any exemption or exemptions
relied on and the manner in which they apply to the record, or portion
thereof, withheld.
(3) If not prohibited by or under law, the General Counsel or his
designee may direct the disclosure of a record even though its
disclosure is not required by law or regulation.
(g) Expedited processing--(1) Criteria. A request for expedited
processing of a request for records shall be granted when the requester
demonstrates compelling need. For purposes of this paragraph,
``compelling need'' exists if:
(i) Failure of the requester to obtain the records on an expedited
basis could reasonably be expected to pose an imminent threat to the
life or physical safety of an individual or;
(ii) In the case of a request made by a person primarily engaged in
disseminating information, there is an urgency to inform the public
concerning actual or alleged federal government activity.
(2) Request. A request for expedited processing shall be directed in
writing to the records custodian. The requester must provide information
in sufficient detail to demonstrate compelling need for the records and
certify this statement to be true and correct to the best of the
requester's knowledge and belief. The custodian may waive the formality
of certification when deemed appropriate.
(3) Determination. The records custodian shall make a determination
of whether to provide expedited processing and notify the requester
within ten days after the date of the request for expedited processing.
If the request is granted, the records custodian shall process the
request for records as soon as practicable. If the request for expedited
processing is denied, the written response will include the procedures
at paragraph (d) of this section for appealing the denial.
[40 FR 7331, Feb. 19, 1975, as amended at 45 FR 44271, July 1, 1980; 47
FR 20304, May 12, 1982; 51 FR 26386, July 23, 1986; 52 FR 13668, Apr.
24, 1987; 60 FR 57345, Nov. 15, 1995; 62 FR 64282, Dec. 5, 1997; 63 FR
6482, Feb. 9, 1998; 64 FR 41290, July 30, 1999; 68 FR 56559, Oct. 1,
2003; 69 FR 34935, June 23, 2004]
Sec. 265.8 Business information; procedures for predisclosure
notification to submitters.
(a) In general. This section provides a procedure by which persons
submitting business information to the Postal Service can request that
the information not be disclosed pursuant to a request under the Freedom
of Information Act. This section does not affect the Postal Service's
right, authority, or obligation to disclose information in any other
context, nor is it intended to create any right or benefit, substantive
or procedural, enforceable at law by a party against the Postal Service,
its officers, or any person. Existing rights of submitters are also
unaffected. For purposes of this section, the following definitions
apply:
(1) Business information means commercial or financial information
provided directly or indirectly to the Postal Service by a submitter
that arguably is protected from disclosure under Exemption 4 of the
Freedom of Information Act, 5 U.S.C. 552(b)(4), which is restated in
Sec. 265.6(b)(2).
(2) Submitter means any person or entity who provides business
information, directly or indirectly, to the Postal Service. The term
includes, but is not limited to, corporations, state governments, and
foreign governments.
(b) Notice to submitters. (1) The custodian shall, to the extent
permitted by law, provide a submitter with prompt written notice of a
Freedom of Information Act request for the submitter's business
information whenever required under paragraph (c) of this section,
except as provided in paragraph (d) of this section, in order to afford
the submitter an opportunity to object to disclosure pursuant to
paragraph (f) of this section. Such written notice shall either describe
the exact nature of the business information requested
[[Page 105]]
or provide copies of the records or portions of records containing the
business information. In the case of an administrative appeal, the
General Counsel shall be responsible for providing such notification as
may be appropriate under this section.
(2) When notice is given to a submitter under paragraph (b)(1) of
this section, the requester also shall be notified that notice and an
opportunity to object are being provided to the submitter pursuant to
this section.
(c) When notice is required. Notice shall be given to a submitter
whenever:
(1) The submitter has in good faith designated the information as
information deemed protected from disclosure under Exemption 4, in
accordance with the procedure described in paragraph (e) of this
section; or
(2) In the opinion of the custodian, or of the General Counsel in
the case of an administrative appeal, it is likely that disclosure of
the information would result in competitive harm to the submitter.
(d) Exceptions to notice requirements. The notice requirements of
paragraph (b) of this section shall not apply if:
(1) The Postal Service determines without reference to the submitter
that the information will not be disclosed;
(2) The information lawfully has been published or has been
officially made available to the public;
(3) Disclosure of the information is required by law (other than the
Freedom of Information Act, 5 U.S.C. 552); or
(4) Disclosure of the particular kind of information is required by
a Postal Service regulation, except that, in such case, advance written
notice of a decision to disclose shall be provided to the submitter if
the submitter had provided written justification for protection of the
information under Exemption 4 at the time of submission or a reasonable
time thereafter.
(e) Procedure for designating business information at the time of
its submission. (1) Submitters of business information shall use good-
faith efforts to designate, by appropriate markings, either at the time
of submission or at a reasonable time thereafter, those portions of
their submissions which they deem to be protected from disclosure under
Exemption 4. Each record, or portion thereof, to be so designated, shall
be clearly marked with a suitable legend such as Privileged Business
Information--Do Not Release. When the designated records contain some
information for which an exemption is not claimed, the submitter shall
clearly indicate the portions for which protection is sought.
(2) At the time a designation is made pursuant to paragraph (e)(1)
of this section, the submitter shall furnish the Postal Service with the
name, title, address and telephone number of the person or persons to be
contacted for the purpose of the notification described in paragraph (b)
of this section.
(3) Submitters who provide to a postal facility business information
on a recurring basis and in substantially identical form may use the
following simplified process: The first submission will provide in full
the information required in paragraphs (e)(1) and (2) of this section;
shall identify the type of information, e.g., PS Form 3602, to which it
is intended to apply; and shall state that it is intended to serve as a
designation for all of the information of this type that is submitted to
the particular facility. Thereafter when providing this type of
information, the submitter need only mark a submission with a reference
to the designation, e.g., Privileged: see letter of 4-1-91. By written
agreement with the head of the facility, even this marking may be
dispensed with if it is not necessary to alert postal employees at that
facility of the claim of exemption.
(4) A designation made pursuant to paragraph (e) of this section
shall be deemed to have expired ten years after the date the records
were submitted unless the submitter requests, and provides reasonable
justification for, a designation period of greater duration.
(5) The Postal Service will not determine the validity of any
request for confidential treatment until a request for disclosure of the
information is received.
(f) Opportunity to object to disclosure. Through the notice
described in paragraph (b) of this section, the submitter shall be
afforded a reasonable period of
[[Page 106]]
time within which to provide the Postal Service with a detailed written
statement of any objection to disclosure. Such statement shall specify
all grounds for withholding any of the information under any exemption
of the Freedom of Information Act and, in the case of Exemption 4, shall
demonstrate why the information is contended to be a trade secret or
commercial or financial information that is privileged or confidential.
Whenever possible, the submitter's claim of confidentiality should be
supported by a statement or certification by an officer or authorized
representative of the submitter that the information in question is in
fact confidential, has not been disclosed to the public by the
submitter, and is not routinely available to the public from other
sources. Information provided by a submitter pursuant to this paragraph
may itself be subject to disclosure under the FOIA.
(g) Determination that confidential treatment is warranted. If the
custodian determines that confidential treatment is warranted for any
part of the requested records, he shall inform the requester in writing
in accordance with the procedures set out in Sec. 265.7(d) of this
chapter, and shall advise the requester of the right to appeal. A copy
of the letter of denial shall also be provided to the submitter of the
records in any case in which the submitter had been notified of the
request pursuant to paragraph (c) of this section.
(h) Notice of intent to disclose. The custodian, in the case of an
initial request, or the General Counsel, in the case of an appeal, shall
consider carefully a submitter's objections and specific grounds for
nondisclosure prior to determining whether to disclose business
information. In the event of a decision to disclose business information
over the objection of the submitter, the submitter shall be furnished a
written notice which shall include:
(1) A description of the business information to be disclosed;
(2) A statement of the reasons for which the submitter's disclosure
objections were not sustained; and
(3) The specific date upon which disclosure will occur. Such notice
of intent to disclose shall be forwarded to the submitter a reasonable
number of days prior to the specified disclosure date and the requester
shall be notified likewise.
(i) Notice of FOIA lawsuit. Whenever a requester brings suit seeking
to compel disclosure of business information, the General Counsel shall
promptly notify the submitter.
[56 FR 56934, Nov. 7, 1991]
Sec. 265.9 Schedule of fees.
(a) Policy. The purpose of this section is to establish fair and
equitable fees to permit the furnishing of records to members of the
public while recovering the full allowable direct costs incurred by the
Postal Service. The Postal Service will use the most efficient and least
costly methods available to it when complying with requests for records.
(b) Standard rates--(1) Record retrieval. Searches may be done
manually or by computer using existing programming.
(i) Manual search. The fee for a manual search is $32 per hour
(fractions of an hour are rounded to the nearest half hour).
(ii) Computer search. The fee for retrieving data by computer is the
actual direct cost of the retrieval, including computer search time, and
personnel cost in effect at the time that the retrieval services are
performed. The fees are subject to periodic revision. A copy of the fees
are included within the public index. (See appendix A.)
(2) Duplication. (i) Except where otherwise specifically provided in
postal regulations, the fee for duplicating any record or publication is
$.15 per page.
(ii) The Postal Service may at its discretion make coin-operated
copy machines available at any location or otherwise give the requester
the opportunity to make copies of Postal Service records at his own
expense. Unless authorized by the Records Office, however, no off-site
copying shall be permitted of records which, if lost, could not be
replaced without inconvenience to the Postal Service.
(iii) The Postal Service will normally furnish only one copy of any
record. If duplicate copies are furnished at the request of the
requester, the $.15 per-page fee shall be charged for each copy of each
duplicate page without regard to whether the requester is eligible for
free copies pursuant to paragraph (c) or
[[Page 107]]
(g) of this section. At his or her discretion, when it is reasonably
necessary because of a lack of adequate copying facilities or other
circumstances, the custodian may make the requested record available to
the requester for inspection under reasonable conditions and need not
furnish a copy thereof.
(3) Review. The fee for reviewing records located in response to a
commercial use request is $32 per hour (fractions of an hour are rounded
to the nearest half hour). Only requesters who are seeking documents for
commercial use may be charged for review. ``Review'' is defined in
paragraph (h)(4) of this section; ``commercial use'' is defined in
paragraph (h)(5) of this section.
(4) Micrographics. Paragraphs (b) (1), (2) and (3) of this section
also apply to information stored within micrographic systems.
(c) Four categories of fees to be charged. For the purpose of
assessing fees under this section, a requester shall be classified into
one of four categories: commercial use requesters; educational and
noncommercial scientific institutions; representatives of the news
media; and all other requesters. Requesters in each category must
reasonably describe the records sought. Fees shall be charged requesters
in each category in accordance with the following.
(1) Commercial use requesters. Fees shall be charged to recover the
full direct costs of search, review and duplication in accordance with
the rates prescribed in paragraphs (b) (1) through (3) of this section,
subject only to the general waiver set out in paragraph (g)(1) of this
section. The term ``commercial use request'' is defined in paragraph
(h)(5).
(2) Educational and noncommercial scientific institutions. Fees
shall be charged only for duplication in accordance with paragraph
(b)(2) of this section, except that the first 100 pages furnished in
response to a particular request shall be furnished without charge. (See
also the general waiver provision in paragraph (g)(1) of this section.)
To be eligible for the reduction of fees applicable to this category,
the requester must show that the request is being made as authorized by
and under the auspices of a qualifying institution and that the records
are not sought for a commercial use, but are sought in furtherance of
scholarly or scientific research. These institutions are defined in
paragraphs (h)(6) and (h)(7) of this section, respectively.
(3) Representatives of the news media. Fees shall be charged only
for duplication in accordance with paragraph (b)(2) of this section,
except that the first 100 pages furnished in response to a particular
request shall be furnished without charge. (See also the general waiver
provision in paragraph (g)(1) of this section.) To be eligible for the
reduction of fees applicable to this category, the requester must meet
the criteria in paragraph (h)(8) of this section, and the request must
not be made for a commercial use.
(4) All other requesters. Fees shall be charged for search and
duplication in accordance with paragraphs (b) (1) and (2) of this
section, except that the first 100 pages of duplication and the first
two hours of search time shall be furnished without charge. (See also
paragraphs (g)(1) and (g)(2) of this section.)
(d) Aggregating requests. When the custodian reasonably believes
that a requester is attempting to break a request down into a series of
requests in order to evade the assessment of fees, the custodian may
aggregate the requests and charge accordingly. The custodian shall not
aggregate multiple requests when the requests pertain to unrelated
subject matter. Requests made by more than one requester may be
aggregated only when the custodian has a concrete basis on which to
conclude that the requesters are acting in concert specifically to avoid
payment of fees.
(e) Other costs--(1) Publications. Publications and other printed
materials may, to the extent that they are available in sufficient
quantity, be made available at the established price, if any, or at cost
to the Postal Service. Fees established for printed materials pursuant
to laws, other than the Freedom of Information Act, that specifically
provide for the setting of fees for particular types of records are not
subject to waiver or reduction under this section.
(2) Other charges. When a response to a request requires services or
materials other than the common one listed in
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paragraph (b) of this section, the direct cost of such services or
materials to the Postal Service may be charged, but only if the
requester has been notified of the nature and estimated amount of such
cost before it is incurred.
(f) Advance notice and payment of fees--(1) Liability and payment.
The requester is responsible, subject to limitations on liability
provided by this section, for the payment of all fees for services
resulting from his request, even if responsive records are not located
or are determined to be exempt from disclosure. Checks in payment of
fees should be made payable to ``U.S. Postal Service.''
(2) Advance notice. To protect members of the public from
unwittingly incurring liability for unexpectedly large fees, the
custodian shall notify the requester if the estimated cost is expected
to exceed $25. When search fees are expected to exceed $25, but it
cannot be determined in advance whether any records will be located or
made available, the custodian shall notify the requester of the
estimated amount and of the responsibility to pay search fees even
through records are not located or are determined to be exempt from
disclosure. The notification shall be transmitted as soon as possible
after physical receipt of the request, giving the best estimate then
available. It shall include a brief explanatory statement of the nature
and extent of the services upon which the estimate is based and shall
offer the requester an opportunity to confer with the custodian or his
representative in an attempt to reformulate the request so as to meet
his needs at lower cost. The time period for responding to the request
shall not run during the interval between the date such notification is
transmitted and the date of receipt of the requester's agreement to bear
the cost. No notification is required if the request specifically states
that whatever cost is involved is acceptable or is acceptable up to a
specified amount that covers estimated costs or if payment of all fees
in excess of $25 has been waived.
(3) Advance payment. Advance payment of fees shall not be required,
except: (i) When it is estimated that the fees chargeable under this
section are likely to exceed $250. If the requester has a history of
prompt payment of FOIA fees, the custodian shall notify the requester of
the likely cost and obtain satisfactory assurance of full payment before
commencing work on the request. If the requester has no history of
payment, the custodian may require an advance payment of an amount up to
the full estimated charge before commencing work on the request.
(ii) When a requester has previously failed to pay a fee in a timely
fashion (i.e., within 30 days of the date of the billing), the requester
shall be required to pay the full amount owed, and to make an advance
payment of the full amount of the estimated fee before processing will
begin on a new or pending request.
(iii) When advance payment is required under paragraphs (f)(3)(i) or
(ii) of this section, the time periods for responding to the initial
request or to an appeal shall not run during the interval between the
date that notice of the requirement is transmitted and the date that the
required payment or assurance of payment is received.
(g) Restrictions on assessing fees--(1) General waiver. No fees
shall be charged to any requester if they would amount, in the
aggregate, for a request or a series of related requests, to $10 or
less. When the fees for the first 100 pages or the first two hours of
search time are excludable under paragraph (c) of this section,
additional costs will not be assessed unless they exceed $10.
(2) Certain fees not charged--(i) All requests except those for
commercial use. Fees shall not be charged for the first 100 pages of
duplication and the first two hours of search time except when the
request is for a commercial use as defined in paragraph (h)(5) of this
section. When search is done by computer, the fees to be excluded for
the first two hours of search time shall be determined on the basis of
fee for computer searches then in effect. (See appendix A.) Assessment
of search fees will begin at the point when the cost of the search
(including the cost of personnel and computer processing time) reaches
the equivalent dollar amount of personnel fees for 2 hours.
(ii) Requests of educational and noncommercial scientific
institutions, and
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representatives of the news media. Fees shall not be charged for time
spent searching for records in response to requests submitted by
educational and noncommercial scientific institutions or representatives
of the news media.
(3) Public interest waiver. The custodian shall waive a fee, in
whole or in part, and any requirement for advance payment of such a fee,
when he determines that furnishing the records is deemed to be in the
public interest because it is likely to contribute significantly to
public understanding of the operations or activities of the federal
government, and is not primarily in the commercial interest of the
requester. This waiver may be granted notwithstanding the applicability
of other fee reductions prescribed by this section for requesters in
certain categories. In determining whether disclosure is in the public
interest for the purposes of this waiver, the following factors may be
considered:
(i) The relation of the records to the operations or activities of
the Postal Services;
(ii) The informative value of the information to be disclosed;
(iii) Any contribution to an understanding of the subject by the
general public likely to result from disclosure;
(iv) The significance of that contribution to the public
understanding of the subject;
(v) The nature of the requester's personal interest, if any, in the
disclosure requested; and
(vi) Whether the disclosure would be primarily in the requester's
commercial interest.
(4) Waiver by officer. Any officer of the Postal Service, as defined
in Sec. 221.8, his designee, or the Manager, Records Office may waive
in whole or in part any fee required by this part or the requirement for
advance payment of any fee.
(5) Fee for other services. Waivers do not apply for fees for
address correction services performed in accordance with section R900 of
the Domestic Mail Manual.
(h) Definitions. As used in this section, the term:
(1) Direct costs include expenditures actually incurred in searching
for and duplicating (and in the case of commercial requesters,
reviewing) documents to respond to a FOIA request. Direct costs include,
for example, the salary of the employee performing work (the basic rate
of pay for the employee plus a factor to cover benefits) and the cost of
operating duplicating machinery. Not included in direct costs are
overhead expenses such as costs of space, and heating or lighting the
facility in which the records are stored.
(2) Search includes all time spent looking for material that is
responsive to a request, including page-by-page or line-by-line
identification of material within documents. Searches may be done
manually or by computer using existing programming. A line-by-line
search will be conducted only when necessary to determine whether the
document contains responsive information and will not be employed in
those instances in which duplication of the entire document would be the
less expensive and quicker method of complying with a request. Search
does not include review of material to determine whether the material is
exempt from disclosure (see paragraph (h)(4) of this section).
(3) Duplication refers to the process of making a copy of a document
necessary to respond to a FOIA request. Such copies can take the form of
paper copy, microform, audio-visual materials, or machine readable
documentation (e.g., magnetic tape or disk), among others. The copy
provided must be in a form that is reasonably usable by requesters.
(4) Review refers to the process of examining documents located in
response to a request that is for a commercial use (see paragraph (h)(5)
of this section) to determine whether any portion of any document
located is exempt from mandatory disclosure. It also includes processing
any documents for disclosure, e.g., doing all that is necessary to
excise them and otherwise prepare them for release. Review does not
include time spent resolving general legal or policy issues regarding
the application of exemptions. Charges may be assessed only for the
initial review, i.e., the first time the applicability of a specific
exemption is analyzed. Costs for a subsequent review are properly
assessable only when a
[[Page 110]]
record or portion of a record withheld solely on the basis of an
exemption later determined not to apply must be reviewed again to
determine the applicability of other exemptions not previously
considered.
(5) Commercial use request refers to a request from or on behalf of
one who seeks information for a use or purpose that furthers the
commercial, trade, or profit interests of the requester or the person on
whose behalf the request is made. In determining whether a request
properly belongs in this category, the Postal Service will look to the
use to which the requester will put the documents requested. If the use
is not clear from the request itself, or if there is reasonable cause to
doubt the requester's stated use, the custodian shall seek additional
clarification from the requester before assigning the request to this
category.
(6) Educational institution refers to a pre-school, a public or
private elementary or secondary school, an institution of graduate
higher education, an institution of undergraduate higher education, an
institution of professional education, and an institution of vocational
education, which operates a program or programs of scholarly research.
(7) Noncommercial scientific institution refers to an institution
that is not operated on a ``commercial'' basis as that term is defined
in paragraph (h)(5) of this section, and which is operated solely for
the purpose of conducting scientific research the results of which are
not intended to promote any particular product or industry.
(8) Representative of the news media refers to any person actively
gathering news for an entity that is organized and operated to publish
or broadcast news to the public. The term ``news'' means information
that is about current events or that would be of current interest to the
public. Requests by news organizations for information that will be used
for the furtherance of the organization's commercial interests, rather
than for the dissemination of news to the public, shall be considered
commercial use requests. Examples of news media entities include
television or radio stations broadcasting to the public at large, and
publishers of periodicals (but only in those instances when they can
qualify as disseminators of ``news'') who make their products available
for purchase or subscription by the general public. These examples are
not intended to be all-inclusive. A ``freelance'' journalist will be
regarded as a representative of the news media if he can demonstrate a
solid basis for expecting publication through a news organization, even
though not actually employed by it. This may be demonstrated either by a
publication contract with the news organization or by the past
publication record of the requester.
[52 FR 13668, Apr. 24, 1987, as amended at 53 FR 49983, Dec. 13, 1988;
54 FR 7417, Feb. 21, 1989. Redesignated at 56 FR 56934, Nov. 7, 1991,
and amended at 56 FR 57805, Nov. 14, 1991; 59 FR 11550, Mar. 11, 1994;
60 FR 57345, Nov. 15, 1995; 64 FR 41290, July 30, 1999; 68 FR 56559,
Oct. 1, 2003; 69 FR 34935, June 23, 2004]