Imágenes de páginas
PDF
EPUB
[blocks in formation]

821 Office of the Postmaster General and Deputy Postmaster General. 822 Bureaus and offices.

823 Office of the Regional Director.

824 Postal Data Centers.

831

Postal Losses and Offenses.

SUBCHAPTER M-RESERVED]

SUBCHAPTER N-PROCEDURES

RULES OF PROCEDURE BEFORE THE OFFICE OF GENERAL COUNSEL

Rule Making procedures of the Post Office Department.

912 Procedures to adjudicate claims for personal injury or property damage arising out of the operation of the postal service.

916 Rules of Practice in proceedings relative to violations under 39 U.S.C. 4009.

RULES OF PROCEDURE BEFORE THE BUREAU OF TRANSPORTATION

926 Rules of practice in proceedings to revoke orders changing the mode of transportation of periodical mail of the second class.

927 Rules of procedure relating to fines, deductions, and damages.

RULES OF PROCEDURE BEFORE THE BUREAU OF FINANCE AND ADMINISTRATION

931 Rules of procedure governing the compromise of obligations.

RULES OF PROCEDURE BEFORE THE BUREAU OF FACILITIES

936 Rules of procedure for contract financing.

RULES OF PROCEDURE BEFORE THE BUREAU OF THE CHIEF POSTAL INSPECTOR 946 Rules of procedure relating to the disposition of money or other property recovered by postal inspectors.

947 Rules or procedure relating to the payment of rewards.

RULES OF PROCEDURE BEFORE THE JUDICIAL OFFICER

951 Procedure governing the eligibility of persons to practice before the Post Office Department.

952 Rules of practice in proceedings relative to fraud, lottery and obscenity orders under 39 U.S.C. 4003, 4005, and 4006.

953 Rules of practice in proceedings relative to mailability.

954 Rules of practice in proceedings relative to the denial, suspension or revocation of second-class mail privileges.

955 Rules of Practice before the Board of Contract Appeals.

956 Debarment and suspension regulations.

SUBCHAPTER A-POST OFFICE SERVICES, DOMESTIC

PART 111-WHAT SUBCHAPTER A

COVERS

§ 111.1 What Subchapter A covers.

Subchapter A contains the regulations of the Post Office Department which are intended to assist the users of its domestic services in obtaining the maximum benefits from its personnel and facilities. Thus, this subchapter includes the specified rates for stamps and postage and the restrictions governing their use, the particulars distinguishing the various classes of mails and the conditions entitling the public to the privileges of those classes, the requirements for proper wrapping and mailing of matter to be mailed, an explanation of the collection and delivery services of the Department, details of the special mail and nonmail facilities of the Department and the provisions for the transportation of the mail. Notwithstanding any statement contained in this subchapter the burden rests with the mailer to assure that he has complied with the laws enacted by Congress.

(5 U.S.C. 301.39 U.S.C. 501) [31 F.R. 15351, Dec. 8, 1966]

PART 112-DOMESTIC MAIL SERVICE § 112.1

Domestic mail service.

Domestic mail means mail transmitted within, among and between the United States; its Territories and possessions; Army-Air Force (APO) and Navy (FPO)

post offices; also mail for delivery to the United Nations, N.Y. The term "Territories and possessions" includes Baker Island, Canal Zone,1 Canton Island, Caroline Islands, Enderbury Island, Guam, Howland Island, Jarvis Island, Johnston Island, Kingman Reef, Manua Island, Mariana Islands, Marshall Islands, Midway Islands, Navassa Island, Puerto Rico, Commonwealth of, Saint Croix Island, Saint John Island, Saint Thomas Island, Samoa (American), Sand Island, Swain's Island, Swan Islands, Trust Territory of the Pacific, Virgin Islands (U.S.), and Wake Island.

(R.S. 161, as amended; 5 U.S.C. 301, 39 U.S.C. 501) [26 F.R. 11513, Dec. 6, 1961, as amended at 26 F.R. 12122, Dec. 19, 1961, 30 F.R. 13214, Oct. 16, 1965. Redesignated at 31 F.R. 15350, Dec. 8, 1966]

[blocks in formation]
[blocks in formation]

(a) Mail and other local services. Make inquiries regarding mail and other post office services to local postmasters.

(b) Departmental records, documents, and other data. (1) This part contains information as to the availability of, and the procedures to be followed by persons outside the Federal Government to inspect and copy the various records and data concerning operation of the Department. Make further inquiries regarding availability or location of Department records, administrative manuals and other documents to the head of the office at which the record is maintained, if known. In other cases, inquiries may be made to the local postmasters, regional directors, directors, postal data centers, or the Special Assistant to the Postmaster General for Public Information, Post Office Department, Washington, D.C. 20260.

(2) Parties in litigation or adversary proceedings with the Department in any Federal or State court, Federal board or commission will be furnished Department records, documents and other data, excluding postal inspectors' reports and Postal Inspection Service records, only as provided by the rules or orders of such courts, boards or commissions. Postal inspectors' reports and Postal Inspection Service records will be disclosed only if prior approval for such disclosure is obtained from Headquarters, Post Office Department, Washington, D.C. 20260 or in response to an order issued by a judge of a Federal court.

(c) Office, business hours. Records may be inspected during regular business hours Monday through Friday (exclusive of legal holidays) and only at those postal installations where they are maintained, unless otherwise specifically authorized. However, the public will not be permitted to inspect records at the Postal Data Centers. Records which are maintained at the Postal Data Centers may, if made available, be inspected at the regional office designated by the Director of the Postal Data Center.

(d) Definitions. The following terms as used herein shall mean:

(1) Department. Post Office Department Headquarters, Washington, D.C.

20260, regional offices, postal data centers, all post offices and other postal installations.

(2) Records. Includes prior and contemporaneous books, papers, reports, maps, photographs, forms or other documentary materials, regardless of physical form or characteristics, made or received by the Department in pursuance of Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by the Department or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the Government or because of the informational value of data contained therein. Library or museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included within the definition of the word "records" as used in this regulation.

(3) Opinions and orders. Final opinions (including concurring and dissenting opinions) and orders rendered by the Postmaster General, the Judicial Officer, Board of Contract Appeals, or other board or official acting on behalf of the Postmaster General in any particular matter.

(e) Exemptions. (1) The following classes of identifiable records may be withheld from inspection or copying. Records which are:

(i) Specifically required by Executive order to be kept secret in the interest of national defense or foreign policy. For example, the actual geographical location of Army Post Office addresses when classified in the interest of national defense.

(ii) Related solely to the internal personnel rules and practices of the Department. For example, operating rules, guidelines and manuals of procedure for postal inspectors.

(iii) Specifically exempted from disclosure by statute. For example, contents of first-class mail, section 4057, title 39 United States Code.

(iv) Trade secrets and commercial or financial information and other privileged or confidential information obtained from any person. For example, identity of post office box holders; or confidential financial or proprietary data furnished by a prospective contrac

tor during negotiations for a contract or to comply with a specification of an invitation for bids or a request for proposal.

(v) Interagency or internal memoranda or letters which would not be available by law to a private party in litigation with the Department. For example, internal drafts and memoranda between officials of the Department and legal memoranda from the General Counsel or Regional Counsel to postal officials. Civil Service Commission inspection reports or excerpts therefrom are internal memoranda and may not be disclosed pursuant to Civil Service Commission regulations.

(vi) Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy or which is precluded by regulations of the Civil Service Commission or the Department of Labor. For example, official personnel folders, medical reports, Bureau of Employee Compensation case files, disciplinary files, and employee home addresses. See § 113.8.

(vii) Investigatory files compiled for law enforcement purposes except to the extent available by law to a private party. For example, inspection service reports of depredations or similar matters.

(viii) The names, addresses, and telephone numbers of post office box holders shall not be disclosed except to a recognized law enforcement agency or in compliance with a subpoena or court order issued after the litigant has made a showing of special need.

(ix) Records and related data pertaining to methods of handling valuable registered mail.

(x) Data concerning postage meters and prototypes submitted for Department approval prior to leasing to mailers.

(xi) Records of postal savings accounts, except as provided in § 173.3 of this chapter. However, names and city and State addresses of depositors may be disclosed to news media and other organizations planning to help accelerate the withdrawal of postal savings deposits. Street addresses and amounts on deposit shall not be disclosed.

(xii) Records of money orders, except as provided in § 171.4 of this chapter.

(2) For good cause shown, the General Counsel, after consultation with the head of the cognizant bureau or office which has custody and control of the record involved, may permit disclosure of any record, except as may be prohibited by law,

executive order or regulation of another Federal agency which is charged with the responsibility for the maintenance and control of such record.

(3) The regulations in this part do not require the Department to make available records which would disrupt the work of the Department. Likewise, the regulations in this part do not require the compiling of a record from source data.

§ 113.2 Opinions, orders, administrative manuals and instructions to staff.

(a) Opinions. All final opinions (including concurring and dissenting opinions) and orders made in the adjudication of cases involving contract appeals under contract with this Department, fraud orders, mailability matters, revocation or denial of second-class mailing privileges, disbarment proceedings, proceedings under Executive Order 11246 (Equal Employment Opportunity), and other matter except in cases or classes of cases which are not required to be made public, are on file and available for inspection and copying in the Library, Room 6012, Post Office Department Building, Washington, D.C. 20260, unless otherwise specified.

(b) Administrative manuals and instructions to staff. Section 114.2 of this chapter identifies those manuals, instructions, and other publications and issuances of the Department that are used by post offices and indicates how, where, and if they may be obtained. Those which are not listed for sale and are available to the public under the Freedom of Information Act may be inspected in the Library, Room 6012, Post Office Department Building, Washington, D.C. 20260. If desired, they may be obtained by paying a fee in accordance with § 113.5, unless it is specifically stated that they are available free of charge or the cognizant bureau, office or installation head waives the fee. See § 113.5 (d).

(c) Limitation. If it is determined that disclosure of any of the matters in paragraphs (a) and (b) of this section would constitute an unwarranted invasion of personal privacy, the appropriate official may delete identifying details therefrom either when it is disclosed for inspection or published. However, justification for the deletion shall be placed as a preamble to the document request for inspection or copying.

(d) Public index. (1) The Department Library maintains a public index which

« AnteriorContinuar »