Sec.

PART 211-APPLICATION OF REGULATIONS

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.

$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.

§ 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 Domestic Mail Manual, the Postal Operations Manual, the Administrative Support Manual, the Employee and Labor Relations Manual, the Financial Management Manual, the Postal Contracting Manual, Publication 42 (International Mail), 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]

$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 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 noncompliance with this policy against the Postal Service in any way.

$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.

§ 221.1 The U.S. Postal Service.

(a) The U.S. Postal Service has been established as an independent establishment within the executive branch of the Government of the United States under the provisions of the Postal Reorganization Act of August 12, 1970, Pub. L. 91-375, 84 Stat. 719.

(b) As a complement to the information in the regulations in this part, a concise statement of the organization of the Postal Service can be found in the United State Government Organization Manual.

[38 FR 20403, July 31, 1973]

§ 221.2 Board of Governors of the Postal Service.

(a) 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.

(b) For composition of the Board of Governors, see §3.1 of this chapter.

[38 FR 20403, July 31, 1973, as amended at 51 FR 40796, Nov. 10, 1986]

§ 221.3

Postmaster General.

(a) The Postmaster General (PMG) is the chief executive officer of the Postal Service and is responsible for its overall operation. The PMG is named and can be removed by a majority of the nine Governors.

(b) The Postmaster General determines appeals from the actions of staff and department heads, except that in cases where the PMG has delegated authority to make a decision to a subordinate, such subordinate may also determine appeals within the authority delegated.

(c) The Board of Governors has directed that the Postmaster General exercise 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, em

ployee, or agent of the Postal Service to exercise such of the PMG's powers as the PMG deems appropriate. For the direction of the Board of Governors that the Postmaster General exercise the powers of the Postal Service, see §§ 3.5 and 4.3 of this chapter.

[38 FR 20403, July 31, 1973, as amended at 43 FR 29117, July 6, 1978; 45 FR 43718, June 30, 1980; 51 FR 40796, Nov. 10, 1986]

§ 221.4 Deputy Postmaster General.

(a) The Deputy Postmaster General is the alternate chief executive officer of the Postal Service. The Deputy is appointed and can be removed by the Postmaster General and the Governors. The Deputy is a voting member of the Board of Governors.

(b) The Deputy Postmaster General is required to perform all tasks as assigned by the Postmaster General. The Deputy acts as Postmaster General in the Postmaster General's absence or whenever a vacancy exists in the Office of Postmaster General.

(c) For delineation of authority of the Deputy Postmaster General by the Board of Governors see §4.4 of this chapter.

[38 FR 20403, July 31, 1973, as amended at 41 FR 16941, Apr. 23, 1976; 43 FR 29117, July 6, 1978; 45 FR 43718, June 30, 1980]

§ 221.5 Associate Postmasters General. (a) The Associate Postmasters General are appointed and can be removed by the Postmaster General.

(b) The Associate Postmasters General are required to perform all tasks as assigned by the Postmaster General. [54 FR 29706, July 14, 1989]

§ 221.6 Groups and departments.

(a) Postal Service Headquarters is divided into five major groups: Operations Support, Finance, Human Resources, Marketing and Communications, and Administrative Services. Each group is headed by a Senior Assistant Postmaster General (SAPMG). The SAPMG for Finance reports directly to the Postmaster General. The SAPMG for Operations Support reports directly to the Deputy Postmaster

(b) Groups are divided into departments or offices headed by either Assistant Postmasters General (APMGs) or Directors. The heads of these departments and offices report to and are responsible for assisting the SAPMGS in carrying out their assigned activities.

(c) Certain other Headquarters units report directly to the Postmaster General. These include the Inspection Service Department, headed by the Chief Postal Inspector; the Law Department, headed by the General Counsel, and the Planning Department, headed by an Assistant Postmaster General. The Executive Assistant to the Postmaster General also reports to the Postmaster General.

(d)(1) The Senior Management Committee establishes Postal Service direction and policy, initiates and monitors key programs, prioritizes resource utilization, and serves as the review and approval body for all major plans, programs, and projects. It fosters cross-functional cooperation and develops the strategic plans for the Postal Service.

(2) The Senior Management Committee is made up of the following: The Postmaster General, the Deputy Postmaster General, Associate Postmasters General, the Senior Assistant Postmasters General, General Counsel, Chief Postal Inspector, Assistant Postmaster General, Planning (Secretariat), Assistant Postmaster General, Communications (Observer), Assistant Postmaster General, Government Relations (Observer), Executive Assistant to the Postmaster General (Observer), Secretary to the Board of Governors (Observer), Field Executive (Rotational Basis).

(e) Statements of the functions of the various groups, departments, and offices can be found in Part 224 of this chapter.

[51 FR 40796, Nov. 10, 1986, as amended at 54 FR 29706, July 14, 1989]

§ 221.7 Postal Regions.

(a) There are five Postal Regions. Each region is headed by a Regional Postmaster General (RPMG) who reports to the Deputy Postmaster General, and has overall responsibility for operational activities (except those reserved to Headquarters) of the Postal Service within the region.

(b) Each RPMG's office includes five functions-Operations Support, Marketing and Communications, Finance, Planning, and Human Resources. Each regional function is headed by a Regional Director who reports to the RPMG.

(c)(1) Postal regions are composed of field divisions headed by field division general managers/postmasters whose organizational units are in turn composed of management sectional centers (MSCs) headed by MSC managers or MSC managers/postmasters, and bulk mail centers (BMCs) headed by BMC managers.

(2) Each field division general manager/postmaster reports to the RPMG, and has line responsibility for postal activities (except those reserved to Headquarters associate offices) in the division area, the MSCs, associate offices, and BMCs within the division

area.

(3) Each MSC manager/postmaster reports to a field division general manager/postmaster, and has line responsibility for postal activities (except those reserved to Headquarters and field divisions) within the MSC area.

(4) Each BMC manager reports to a field division general manager/postmaster, and has line responsibility for postal activities (except those reserved to Headquarters and field divisions) within the BMC.

[51 FR 40797, Nov. 10, 1986, as amended at 54 FR 29707, July 14, 1989]

(3) Assistant Postmasters General; (4) The General Counsel and Deputy General Counsel;

(5) The Consumer Advocate;

(6) The Chief Postal Inspector;
(7) The Judicial Officer;

(8) The Executive Assistant to the Postmaster General;

(9) The Treasurer; and

(10) The Regional Postmasters General.

(b) The number of SAPMGS and APMGs is set by resolution of the Board of Governors.

(c) The Postmaster General, in consultation with the Governors of the Postal Service, shall appoint the Chief Postal Inspector. With the concurrence of the Governors of the Postal Service, the Postmaster General may remove the Chief Postal Inspector or transfer the Chief Postal Inspector to another position or location in the Postal Service. If the Chief Postal Inspector is removed or transferred, the Postmaster General shall promptly notify both House of Congress in writing of the reasons for such removal or transfer.

[51 FR 40797, Nov. 10, 1986, as amended at 56 FR 55823, Oct. 30, 1991]

$221.9 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.

[59 FR 18454, Apr. 18, 1994]

PART 222-DELEGATIONS OF AUTHORITY

Sec.

222.1 Authority for delegation. 222.2 Media of delegation.

222.3 Contents of delegations. 222.4 Redelegation.

222.5 Authority to approve personnel actions and administer oaths of office for employment.

222.6 Authority to administer oaths other than for employment.

222.7 Authority to designate certifying officers-headquarters.

222.8 Authority to designate certifying officers-field.

222.9 Delegation of authority to the Senior Assistant Postmaster General, Finance. 222.10 Delegation of authority to the APMG, International Postal Affairs Department.

AUTHORITY: 39 U.S.C. 203, 204, 401(2), 402, 403, 404, 409; Inspector General Act of 1978, as amended (Pub. L. No. 95-452, as amended), 5 U.S.C. App. 3.

SOURCE: 38 FR 20404, July 31, 1973, unless otherwise noted.

§ 222.1 Authority for delegation.

(a) 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 PMG, or in any other Postal Service employee.

(b) The Deputy Postmaster General is the full alternate to the Postmaster General.

(c) When, by reason of absence, disability, or vacancy in office, neither the Postmaster General nor the Deputy Postmaster General can act as Postmaster General, the first available official on the following list will do so:

(1) Associate Postmaster General; (2) Senior Assistant Postmaster General, Operations Support.

(d) 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. See §§ 3.5 and 4.3 of this chapter.

(e) The Associate Postmasters General; the SAPMGS; the Chief Postal Inspector; the General Counsel; the Assistant Postmaster General, Planning; and the Executive Assistant to the Postmaster General, act for the Postmaster General on assigned matters. These officers are authorized to exercise the powers and functions of the Postal Service under the Postal Reorganization Act, in respect to matters within their area of responsibility, except as limited by law or by the specific terms of their assignment.