[Federal Register Volume 59, Number 242 (Monday, December 19, 1994)]
[Presidential Documents]
[Page 65471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31306]


[[Page Unknown]]

[Federal Register: December 19, 1994]




                        Presidential Documents 



 

Memorandum of December 15, 1994

                Delegation of Certain Authorities Under 39 U.S.C. 
                407(a)

                Memorandum for the Governors of the United States 
                Postal Service

                I have been advised by the Department of Justice that 
                the United States District Court for the District of 
                Delaware held in UPS Worldwide Forwarding v. United 
                States Postal Service, Civil Action No. 93-340, May 16, 
                1994, that the Postal Service must obtain the approval 
                of the President to establish rates of postage or other 
                charges on mail matter conveyed between the United 
                States and other countries.

                On appeal of the decision to the United States Court of 
                Appeals for the Third Circuit, the Government argues 
                that the explicit consent of the President is not 
                required. In the view of the Government, to the extent 
                that 39 U.S.C. 407(a) does require the President to 
                consent, it does not require that consent be given in 
                any particular manner. The Government's position is 
                that the failure of the President to object to the 
                establishment of international postage rates and other 
                charges is consent to the establishment of such rates 
                and other charges. This has been the practice of the 
                Government for the past 120 years.

                To the extent that the District Court's decision 
                creates or appears to create an obligation for the 
                President to give his consent to the establishment of 
                rates of postage and other charges on mail matter 
                conveyed between the United States and other countries 
                in a particular manner, by virtue of the authority 
                vested in me by the Constitution and the laws of the 
                United States of America, including section 301 of 
                title 3 of the United States Code, I hereby delegate to 
                the Governors of the United States Postal Service, as 
                defined by section 202(a) of title 39 of the United 
                States Code, any authority vested in me by section 
                407(a) of title 39 of the United States Code, with 
                respect to the establishment of rates of postage and 
                other charges on mail matter conveyed between the 
                United States and other countries. This delegation is 
                effective until the date on which the Third Circuit 
                Court of Appeals issues its mandate in the 
                aforementioned appeal. This delegation relates only to 
                the establishment of rates of postage and other charges 
                on mail matter conveyed between the United States and 
                other countries; it does not affect the obligation of 
                the Postal Service to seek the consent of the President 
                to negotiate and conclude postal treaties or 
                conventions.

                This memorandum shall be published in the Federal 
                Register.

                    (Presidential Sig.)>


                THE WHITE HOUSE,

                    Washington, December 15, 1994.

[FR Doc. 94-31306
Filed 12-16-94; 11:08 am']
Billing code 3195-01-P