82 FR 33806 - Rules of Conduct for Postal Employees
POSTAL SERVICE Federal Register Volume 82, Issue 139 (July 21, 2017)
Federal Register Volume 82, Issue 139 (July 21, 2017)
| Page Range | 33806-33807 | |
| FR Document | 2017-15311 |
[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)] [Rules and Regulations] [Pages 33806-33807] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15311] ======================================================================= ----------------------------------------------------------------------- POSTAL SERVICE 39 CFR Part 447 Rules of Conduct for Postal Employees AGENCY: Postal Service. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Postal Service is revising its rules concerning employee conduct to specify the circumstances under which a nonbargaining employee may consume intoxicating beverages at an Officer Approved Event or a Postmaster General Approved event. This revision is intended to ensure that the relevant rules conform to the Postal Service's existing practices regarding this matter. DATES: Effective date: August 21, 2017. FOR FURTHER INFORMATION CONTACT: David B. Ellis at (202) 268-2981, or [email protected]. SUPPLEMENTARY INFORMATION: The Postal Service has determined that it is necessary to revise and update its regulations concerning employee conduct to reflect current practices concerning the possession and consumption of intoxicating beverages at officially-approved Postal Service events. The current rules, set forth at 39 CFR 447.21(e), are couched in general terms that fail to provide sufficient guidance to managers or employees. As revised, the general prohibition against consuming intoxicating beverages on duty is replaced with a rule that intoxicating beverages may be consumed by non-bargaining employees while on duty only if consumption occurs at certain events known as Officer Approved Events and Postmaster General Approved Events. This change was made because the current regulations' general prohibition against on-duty consumption is not in accordance with Postal Service practice. The Postal Service permits the consumption of intoxicating beverages by nonbargaining employees at business meetings, sales meetings, and recognition events. At such events, Postal Service nonbargaining employees may be on duty because the event occurs during their normal work hours and their attendance is authorized or required, or because they are hosting or [[Page 33807]] performing Postal Service responsibilities at a recognition event, meeting with a customer, or otherwise conducting Postal Service business, whether or not the event occurs during the nonbargaining employee's normal work hours. Such events often involve the serving of food and beverages, whether during a meal or as refreshments at the event. The Postal Service, however, wishes to restrict the consumption of intoxicating beverages by nonbargaining employees at Postal Service events to appropriate situations for which executive approval has been obtained, whether or not the employees are on duty. As a result, any event where intoxicating beverages are served to Postal Service nonbargaining employees, whether they are on duty or off duty, must meet the requirements for an Officer Approved Event or a Postmaster General Approved Event. Among other things, this means that the consumption of intoxicating beverages at the event would require the express approval of a Postal Service Officer or the Postmaster General. The new regulations will not change the existing prohibitions against beginning work or returning to duty intoxicated. They will, however, impose a specific prohibition against becoming intoxicated at Officer Approved Events or Postmaster General Approved Events. The new regulations also clarify the conditions under which intoxicating beverages may be possessed or consumed on Postal Service premises. First, beer and wine would be permitted on Postal Service premises if approved by a Postal Service Officer in connection with an Officer Approved Event. Under current regulations, only the Postmaster General may approve the consumption of intoxicating beverages on Postal Service Premises. Second, intoxicating beverages other than beer and wine would never be permitted on Postal Service premises, regardless of whether the event is an Officer Approved Event or a Postmaster General Approved Event. Under current regulations, the Postmaster General may approve the consumption of intoxicating beverages other than beer and wine on Postal Service premises. List of Subjects in 39 CFR Part 447 Conflict of interests, Employee conduct, Government employees. For the reasons stated in the preamble, the Postal Service amends 39 CFR part 447 as set forth below: PART 447--RULES OF CONDUCT FOR POSTAL EMPLOYEES 0 1. The authority citation for part 447 continues to read as follows: Authority: 39 U.S.C. 401. Subpart B--Employee Conduct 0 2. Revise Sec. 447.21(e) to read as follows: Sec. 447.21 Prohibited conduct. * * * * * (e)(1) Except as provided in this paragraph, employees must not drink beer, wine, or other intoxicating beverages while on duty; begin work or return to duty intoxicated; or drink intoxicating beverages in a public place while in uniform. Employees found to be violating this policy may be subject to disciplinary action. (2) A nonbargaining employee may consume beer or wine at an Officer Approved Event. An Officer Approved Event means: A meeting of Postal Service employees convened by management, such as a working meal, an employee recognition event, or an employee appreciation event; or an event whose primary purpose is to interact with external individuals or entities, such as an industry conference, a sales meeting, or a supplier meeting; that in all cases is either attended by an Officer of the Postal Service who personally decides that the consumption of beer and wine by employees is appropriate, or with respect to which an Officer of the Postal Service has granted specific, written, and advance approval for the consumption of beer and wine by employees. (3) A nonbargaining employee may consume beer, wine, or other intoxicating beverages at a Postmaster General Approved Event. A Postmaster General Approved Event means any Postal Service-related event with respect to which the Postmaster General personally approves the consumption of beer, wine, or other intoxicating beverages. (4) No employee may become intoxicated while at an Officer Approved Event or a Postmaster General Approved Event. Except in connection with an Officer Approved Event or a Postmaster General Approved Event occurring at a Postal Service facility or premises, no employee shall have or bring any container of beer or wine into any Postal Service facility or premises, whether the container has been opened or not. Intoxicating beverages other than beer and wine may never be brought into any Postal Service facility or premises under any circumstances. * * * * * Stanley F. Mires, Attorney, Federal Compliance. [FR Doc. 2017-15311 Filed 7-20-17; 8:45 am] BILLING CODE 7710-12-P
![33806 Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations
(1) If a party fails to make required of the deadline for pretrial disclosures Dated: July 17, 2017.
initial disclosures or expert testimony for the first testimony period, as Joseph D. Matal,
disclosure, or fails to designate a person originally set or as reset. The motion Performing the Functions and Duties of the
pursuant to Rule 30(b)(6) or Rule 31(a) shall include a copy of the request for Under Secretary of Commerce for Intellectual
of the Federal Rules of Civil Procedure, admission and any exhibits thereto and Property and Director of the United States
or if a party, or such designated person, Patent and Trademark Office.
of the answer or objection. The motion
or an officer, director or managing agent must be supported by a written [FR Doc. 2017–15346 Filed 7–20–17; 8:45 am]
of a party fails to attend a deposition or statement from the moving party BILLING CODE 3510–16–P
fails to answer any question showing that such party or the attorney
propounded in a discovery deposition, therefor has made a good faith effort, by
or any interrogatory, or fails to produce conference or correspondence, to POSTAL SERVICE
and permit the inspection and copying resolve with the other party or the
of any document, electronically stored 39 CFR Part 447
attorney therefor the issues presented in
information, or tangible thing, the party
the motion and has been unable to reach Rules of Conduct for Postal
entitled to disclosure or seeking
agreement. If issues raised in the motion Employees
discovery may file a motion to compel
disclosure, a designation, or attendance are subsequently resolved by agreement
AGENCY: Postal Service.
at a deposition, or an answer, or of the parties, the moving party should
inform the Board in writing of the issues ACTION: Final rule.
production and an opportunity to
inspect and copy. A motion to compel in the motion which no longer require SUMMARY: The Postal Service is revising
initial disclosures must be filed within adjudication. its rules concerning employee conduct
thirty days after the deadline therefor * * * * * to specify the circumstances under
and include a copy of the disclosure(s), which a nonbargaining employee may
■ 3. Amend § 2.127 by revising consume intoxicating beverages at an
if any, and a motion to compel an expert
paragraph (e)(1) to read as follows: Officer Approved Event or a Postmaster
testimony disclosure must be filed prior
to the close of the discovery period. A § 2.127 Motions. General Approved event. This revision
motion to compel discovery must be is intended to ensure that the relevant
* * * * * rules conform to the Postal Service’s
filed before the day of the deadline for
pretrial disclosures for the first (e)(1) A party may not file a motion existing practices regarding this matter.
testimony period as originally set or as for summary judgment until the party DATES: Effective date: August 21, 2017.
reset. A motion to compel discovery has made its initial disclosures, except FOR FURTHER INFORMATION CONTACT:
shall include a copy of the request for for a motion asserting claim or issue David B. Ellis at (202) 268–2981, or
designation of a witness or of the preclusion or lack of jurisdiction by the david.b.ellis@usps.gov.
relevant portion of the discovery Trademark Trial and Appeal Board. A SUPPLEMENTARY INFORMATION: The Postal
deposition; or a copy of the motion for summary judgment must be Service has determined that it is
interrogatory with any answer or filed before the day of the deadline for necessary to revise and update its
objection that was made; or a copy of pretrial disclosures for the first regulations concerning employee
the request for production, any proffer testimony period, as originally set or as conduct to reflect current practices
of production or objection to production reset. A motion under Rule 56(d) of the concerning the possession and
in response to the request, and a list and Federal Rules of Civil Procedure, if filed consumption of intoxicating beverages
brief description of the documents, in response to a motion for summary at officially-approved Postal Service
electronically stored information, or judgment, shall be filed within thirty events. The current rules, set forth at 39
tangible things that were not produced days from the date of service of the CFR 447.21(e), are couched in general
for inspection and copying. A motion to summary judgment motion. The time for terms that fail to provide sufficient
compel initial disclosures, expert filing a motion under Rule 56(d) will guidance to managers or employees.
testimony disclosure, or discovery must not be extended or reopened. If no As revised, the general prohibition
be supported by a showing from the motion under Rule 56(d) is filed, a brief against consuming intoxicating
moving party that such party or the in response to the motion for summary beverages on duty is replaced with a
attorney therefor has made a good faith judgment shall be filed within thirty rule that intoxicating beverages may be
effort, by conference or correspondence, days from the date of service of the consumed by non-bargaining employees
to resolve with the other party or the while on duty only if consumption
motion unless the time is extended by
attorney therefor the issues presented in occurs at certain events known as
stipulation of the parties approved by
the motion but the parties were unable Officer Approved Events and Postmaster
the Board, or upon motion granted by
to resolve their differences. If issues General Approved Events. This change
raised in the motion are subsequently the Board, or upon order of the Board.
If a motion for an extension is denied, was made because the current
resolved by agreement of the parties, the regulations’ general prohibition against
moving party should inform the Board the time for responding to the motion
for summary judgment may remain as on-duty consumption is not in
in writing of the issues in the motion accordance with Postal Service practice.
which no longer require adjudication. specified under this section. A reply
The Postal Service permits the
brief, if filed, shall be filed within
* * * * * consumption of intoxicating beverages
twenty days from the date of service of
(i) * * * by nonbargaining employees at business
the brief in response to the motion. The
sradovich on DSK3GMQ082PROD with RULES
(1) Any motion by a party to meetings, sales meetings, and
determine the sufficiency of an answer time for filing a reply brief will not be recognition events. At such events,
or objection, including testing the extended or reopened. The Board will Postal Service nonbargaining employees
sufficiency of a general objection on the consider no further papers in support of may be on duty because the event
ground of excessive number, to a or in opposition to a motion for occurs during their normal work hours
request made by that party for an summary judgment. and their attendance is authorized or
admission must be filed before the day * * * * * required, or because they are hosting or
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![Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations 33807
performing Postal Service PART 447—RULES OF CONDUCT FOR into any Postal Service facility or
responsibilities at a recognition event, POSTAL EMPLOYEES premises under any circumstances.
meeting with a customer, or otherwise * * * * *
conducting Postal Service business, ■ 1. The authority citation for part 447
continues to read as follows: Stanley F. Mires,
whether or not the event occurs during
the nonbargaining employee’s normal Attorney, Federal Compliance.
Authority: 39 U.S.C. 401.
work hours. Such events often involve [FR Doc. 2017–15311 Filed 7–20–17; 8:45 am]
the serving of food and beverages, Subpart B—Employee Conduct BILLING CODE 7710–12–P
whether during a meal or as
refreshments at the event. ■ 2. Revise § 447.21(e) to read as
follows: ENVIRONMENTAL PROTECTION
The Postal Service, however, wishes
AGENCY
to restrict the consumption of § 447.21 Prohibited conduct.
intoxicating beverages by nonbargaining * * * * * 40 CFR Part 52
employees at Postal Service events to (e)(1) Except as provided in this
appropriate situations for which [EPA–R04–OAR–2016–0656; FRL–9965–14–
paragraph, employees must not drink Region 4]
executive approval has been obtained, beer, wine, or other intoxicating
whether or not the employees are on beverages while on duty; begin work or Air Plan Approval; Florida:
duty. As a result, any event where return to duty intoxicated; or drink Unnecessary Rule Removal
intoxicating beverages are served to intoxicating beverages in a public place
Postal Service nonbargaining while in uniform. Employees found to AGENCY: Environmental Protection
employees, whether they are on duty or be violating this policy may be subject Agency (EPA).
off duty, must meet the requirements for to disciplinary action. ACTION: Direct final rule.
an Officer Approved Event or a (2) A nonbargaining employee may
Postmaster General Approved Event. consume beer or wine at an Officer SUMMARY: The Environmental Protection
Among other things, this means that the Approved Event. An Officer Approved Agency (EPA) is approving a revision to
consumption of intoxicating beverages Event means: A meeting of Postal the Florida State Implementation Plan
Service employees convened by submitted by the Florida Department of
at the event would require the express
management, such as a working meal, Environmental Protection (DEP) on
approval of a Postal Service Officer or
an employee recognition event, or an February 20, 2013. The revision
the Postmaster General.
employee appreciation event; or an removes unnecessary and superseded
The new regulations will not change rules from the Florida State
event whose primary purpose is to
the existing prohibitions against Implementation Plan (SIP). Specifically,
interact with external individuals or
beginning work or returning to duty this revision removes non-regulatory
entities, such as an industry conference,
intoxicated. They will, however, impose introductory language, as well as a
a sales meeting, or a supplier meeting;
a specific prohibition against becoming regulation that has been superseded by
that in all cases is either attended by an
intoxicated at Officer Approved Events Officer of the Postal Service who more stringent federal regulations. This
or Postmaster General Approved Events. personally decides that the action is being taken pursuant to the
The new regulations also clarify the consumption of beer and wine by Clean Air Act (CAA or Act).
conditions under which intoxicating employees is appropriate, or with DATES: This direct final rule is effective
beverages may be possessed or respect to which an Officer of the Postal September 19, 2017 without further
consumed on Postal Service premises. Service has granted specific, written, notice, unless EPA receives adverse
First, beer and wine would be permitted and advance approval for the comment by August 21, 2017. If EPA
on Postal Service premises if approved consumption of beer and wine by receives such comments, it will publish
by a Postal Service Officer in connection employees. a timely withdrawal of the direct final
with an Officer Approved Event. Under (3) A nonbargaining employee may rule in the Federal Register and inform
current regulations, only the Postmaster consume beer, wine, or other the public that the rule will not take
General may approve the consumption intoxicating beverages at a Postmaster effect.
of intoxicating beverages on Postal General Approved Event. A Postmaster ADDRESSES: Submit your comments,
Service Premises. Second, intoxicating General Approved Event means any identified by Docket ID No. EPA–R04–
beverages other than beer and wine Postal Service-related event with respect OAR–2016–0656 at http://
would never be permitted on Postal to which the Postmaster General www.regulations.gov. Follow the online
Service premises, regardless of whether personally approves the consumption of instructions for submitting comments.
the event is an Officer Approved Event beer, wine, or other intoxicating Once submitted, comments cannot be
or a Postmaster General Approved beverages. edited or removed from Regulations.gov.
Event. Under current regulations, the (4) No employee may become EPA may publish any comment received
Postmaster General may approve the intoxicated while at an Officer to its public docket. Do not submit
consumption of intoxicating beverages Approved Event or a Postmaster General electronically any information you
other than beer and wine on Postal Approved Event. Except in connection consider to be Confidential Business
Service premises. with an Officer Approved Event or a Information (CBI) or other information
Postmaster General Approved Event whose disclosure is restricted by statute.
sradovich on DSK3GMQ082PROD with RULES
List of Subjects in 39 CFR Part 447 occurring at a Postal Service facility or Multimedia submissions (audio, video,
Conflict of interests, Employee premises, no employee shall have or etc.) must be accompanied by a written
conduct, Government employees. bring any container of beer or wine into comment. The written comment is
any Postal Service facility or premises, considered the official comment and
For the reasons stated in the whether the container has been opened should include discussion of all points
preamble, the Postal Service amends 39 or not. Intoxicating beverages other than you wish to make. EPA will generally
CFR part 447 as set forth below: beer and wine may never be brought not consider comments or comment
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Document Created: 2017-07-21 06:00:25
Document Modified: 2017-07-21 06:00:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective date: August 21, 2017. | |
| Contact | David B. Ellis at (202) 268-2981, or [email protected] | |
| FR Citation | 82 FR 33806 | |
| CFR Associated | Conflict of Interests; Employee Conduct and Government Employees |
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