(9) SUBCHAPTER 390-ANCILLARY SERV- (i) Part 391-Forwarding (ii) Part 392-Return and Address (d) CHAPTER 4-SECOND-CLASS MAIL (2) SUBCHAPTER 420-CLASSIFICATION (ii) Part 422-Types of Authoriza- (iii) Part 423-Special Second-Class (iv) Part 424-Second-Class Mailing (v) Part 425-What May Be Mailed (vi) Part 426-Copies Not Paid For (3) SUBCHAPTER 430-SERVICE OBJEC- (i) Part 431-General (ii) Part 432-Newspaper Treatment (i) Part 441—Original Entry for Pub- (ii) Part 442-Additional Entry Ap- (iii) Part 443-Applications to Mail for (v) Part 445-Application for Excep- (vi) Part 446-Revocation of Addi- (vii) Part 447-Maintenance and Ver- (viii) Part 448-Statement of Owner- (5) SUBCHAPTER 450-PHYSICAL LIMI- (6) SUBCHAPTER 460-PREPARATION RE- (i) Part 461-Identification State- (ii) Part 462-Preparation (iii) Part 463-Marking (iv) Part 464-Presort Requirements (8) SUBCHAPTER 480-PAYMENT OF (i) Part 481-Payments in Advance (ii) Part 482-Mailing Statement (9) SUBCHAPTER 490-ANCILLARY SERV- (i) Part 491-Forwarding (ii) Part 492-Address Correction (iii) Part 493-Return (e) CHAPTER 5-CONTROLLED CIRCULA- (1) SUBCHAPTER 510-RATES AND FEES (2) SUBCHAPTER 520-CLASSIFICATION (ii) Part 522-Definition of Advertis- (iii) Part 523-What May Be Mailed (4) SUBCHAPTER 540-AUTHORIZATIONS (i) Part 541-Controlled Circulation (ii) Part 542-Change in Title or Fre- (iii) Part 543-Revocation of Con- (5) SUBCHAPTER 550-PHYSICAL LIMI- (6) SUBCHAPTER 560-PREPARATION RE- (i) Part 561-Identification State- (ii) Part 562-Preparation (iii) Part 563-Marking (iv) Part 564-Presort Requirement (i) Part 611-Rates (2) SUBCHAPTER 620-CLASSIFICATION (ii) Part 622-Third-Class Bulk Mail (v) Part 625-Additions (vii) Part 627-Attachments (viii) Part 628-Other Additions, En- (3) SUBCHAPTER 630-SERVICE OBJEC- (4) SUBCHAPTER 640-AUTHORIZATIONS (ii) Part 642-Application to Mail at (iii) Part 643-Revocation (5) SUBCHAPTER 650-PHYSICAL LIMI- (i) Part 651-Weight and Size Limits (6) SUBCHAPTER 660-PREPARATION RE- (i) Part 661-Addressing (iv) Part 664-Merchandise Samples (4) SUBCHAPTER 740-AUTHORIZATIONS (i) Part 741-Nonidentical Pieces (ii) Part 742-Special Fourth-Class (5) SUBCHAPTER 750-PHYSICAL LIMI- (i) Part 751-Weight and Size Limits (6) SUBCHAPTER 760-PREPARATION RE- (i) Part 761-General Requirements (iii) Part 763—Preparation of Bound (iv) Part 764-Preparation of Special (v) Part 765-Preparation of Library (7) SUBCHAPTER 770-MAILING Sec. SUBCHAPTER D-ORGANIZATION AND ADMINISTRATION 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. 91375, 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 21, 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 non-compliance with this policy against the Postal Service in any way. 8 211.4 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. |