[Federal Register Volume 69, Number 168 (Tuesday, August 31, 2004)]
[Rules and Regulations]
[Pages 53000-53002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19782]


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POSTAL SERVICE

39 CFR Parts 221, 222, 223, 224, 225, 226, 227, 228, and 229


General Organization, Delegations of Authority, Relationships and 
Communication Channels

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: This rule amends the Postal Service regulations on general 
organization, delegations of authority, and relationships and 
communication channels to bring these regulations into line with the 
Postal Service's current organizational structure. It also removes 
several obsolete parts from the subchapter dealing with organization 
and administration.

EFFECTIVE DATE: August 31, 2004.

FOR FURTHER INFORMATION CONTACT: Stanley F. Mires, (202) 268-2958.

SUPPLEMENTARY INFORMATION: Revision of parts 221 through 223 is 
necessary to reflect structural and other changes that have occurred in 
the Postal Service since the last major amendments to these parts in 
1989 (54 FR 29707). In addition, successive internal restructurings of 
the Postal Service have made parts 224 through 229 obsolete. Rather 
than revise these parts, which presented an unnecessarily detailed 
functional description of the managerial units formerly contained in 
the Postal Service, the decision has been made to remove them. 
Exhaustive information concerning postal administrative topics is 
contained in the Postal Service's Administrative Support Manual (ASM). 
The ASM is available for inspection at the U.S. Postal Service Library, 
475 L'Enfant Plaza West, S.W., Washington, DC 20260-1641. The ASM is 
also available for sale to the public through the Topeka Material 
Distribution Center, 500 SW Montana Pkwy, Topeka, KS 66624-9995, 
telephone 1-800-332-0317. A concise statement of the organization of 
the Postal Service can be found in the United States Government Manual, 
published by the Office of the Federal Register, National Archives and 
Records Administration.
    This rule is a change in agency rules of organization that does not 
substantially affect any rights or obligations of private parties. 
Therefore, it is appropriate for its adoption by the Postal Service to 
become effective immediately.

List of Subjects in 39 CFR Parts 221, 222, 223, 224, 225, 226, 227, 
228, and 229

    Organization and functions (Government agencies).


0
For the reasons set forth above, the Postal Service amends 39 CFR 
chapter I as follows:
0
1. Parts 221, 222, and 223 are revised to read as follows:

PART 221--GENERAL ORGANIZATION

Sec.
221.1 The United States Postal Service.
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.


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.

[[Page 53001]]

    (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.
    (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
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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.
Western...............................  Denver CO.
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    (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

[[Page 53002]]

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

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.


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.
    (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

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.


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.

PARTS 224, 225, 226, 227, 228, AND 229--[REMOVED]

0
2. Parts 224, 225, 226, 227, 228, and 229 are removed.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 04-19782 Filed 8-30-04; 8:45 am]
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