[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Rules and Regulations]
[Page 18519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9852]
[[Page 18519]]
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POSTAL SERVICE
39 CFR Parts 3 and 4
Amendments to Bylaws of the Board of Governors Concerning
Information Furnished to Board--Program Review, and Concerning the
Chief Postal Inspector
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: In October, 1996, the Board of Governors adopted two bylaw
revisions. One relates to the information to be furnished to the Board
concerning program review. This purpose of this revision was to further
clarify what information management is to furnish to the Board
regarding significant new programs, policies, and other initiatives.
The second revision changed a bylaw discussing the Chief Postal
Inspector, to conform to recently enacted legislation. Consequently,
the Postal Service hereby publishes these two revisions as final rules.
EFFECTIVE DATE: October 7, 1996.
FOR FURTHER INFORMATION CONTACT: Thomas J. Koerber (202) 268-4800.
SUPPLEMENTARY INFORMATION: This document publishes two revisions. One
change revises 39 CFR 3.7(d) of the Bylaws of the Board of Governors of
the United States Postal Service. The second change revises 39 CFR 4.6
of those bylaws. Both were adopted by the Board in October, 1996.
Revision to Section 3.7(d)
Several goals are embodied in the amendments to section 3.7(d). In
reference to paragraph 3.7(d)(1), which addresses ``significant''
information, new language provides that the Board wants to see
information regarding any significant new policy adopted (in addition
to seeing information about certain new programs and projects).
Second, new language requires that information about significant
new programs, policies, projects, etc., shall be given to the Board
before ``entering into any agreement in furtherance of such project.''
Third, the definition of ``significant'' was amended to point out
that certain increases in expense amounts of the operating budget could
qualify as ``significant,'' and hence become reportable projects.
Fourth, new language indicates that the notification requirement of
3.7(d) ``governs applicable projects regardless of the level of
expenditure involved.''
Finally, a newly adopted paragraph, subsection 3.7(d)(2), requires
that management furnish to the Board information regarding any project
whose potential liability, due to termination, breach, or other reason,
would equal or exceed the 3.3(e) capital investment project approval
threshold (currently $10 million). This information also is to be given
to the Board before entering into any agreement in furtherance of such
project.
Revision of Section 4.6
The revision to section 4.6 would delete the sentence in the bylaw
which states that the Chief Postal Inspector also holds the position of
Inspector General, and for purposes of the Inspector General Act,
reports to and is under the general supervision of the Postmaster
General. This change is consistent with section 662 of the Treasury,
Postal Service, and General Government Appropriations Act, 1997, set
forth in Public Law 104-208, which creates a separate position of
Inspector General within the Postal Service, and makes certain changes
regarding the position of Chief Postal Inspector. The bylaw retains the
requirements that the Postmaster General consult with the Governors in
appointing the Chief Postal Inspector, and must obtain the concurrence
of the Governors in order to remove or transfer the Chief Postal
Inspector. The bylaw is also revised to reflect the requirement in the
Act that the Governors be notified and given the reasons for any
removal or transfer of the Chief Postal Inspector.
List of Subjects in 39 CFR Parts 3 and 4
Administrative Practice and procedure, Organization and functions
(Government agencies), Postal Service.
Accordingly, Sec. 3.7(d) and Sec. 4.6 of title 39 CFR are amended
as follows:
PART 3--BOARD OF GOVERNORS (ARTICLE III)
1. The authority citation for Part 3 continues to read as follows:
Authority: 39 U.S.C. 202, 203, 205, 401(2), (10), 402, 1003,
3013; 5 U.S.C. 552b(g), (j).
2. Section 3.7 is amended by revising paragraph (d) to read as
follows:
Sec. 3.7 Information furnished to Board--program review.
* * * * *
(d) Management shall furnish to the Board:
(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.
PART 4--OFFICERS (ARTICLE IV)
3. The authority citation for Part 4 continues to read as follows:
Authority: 39 U.S.C. 202, 203, 205, 401(2), (10), 402, 1003,
3013.
4. Section 4.6 is revised to read as follows:
Sec. 4.6 Chief Postal Inspector.
The Postmaster General, in consultation with the Governors,
appoints the Chief Postal Inspector, certain of whose powers and duties
are delegated to the holder of that office by the Postmaster General,
consistent with these bylaws and the Reorganization Act. The Chief
Postal Inspector reports to and is under the general supervision of the
Postmaster General. The Postmaster General has the power, with the
concurrence of the Governors, to remove or transfer the Chief Postal
Inspector to another position or location within the Postal Service. In
the event of any such removal or transfer, the Postmaster General must
promptly notify the Governors and both Houses of the Congress in
writing of the reasons for such removal or transfer.
Stanley F. Mires,
Chief Counsel, Legisglative Division.
[FR Doc. 97-9852 Filed 4-15-97; 8:45 am]
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