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Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations
responsible for carrying out the functions of the Office of the Board of Governors, under the direction of the Chairman of the Board. The Secretary shall also issue notices of meetings of the Board and its committees, keep minutes of these meetings, and take steps necessary for compliance with all statutes and regulations dealing with public observation of meetings. The Secretary shall perform all those duties incident to this office, including those duties assigned by the Board or by the Chairman of the Board. With the concurrence of the Board, the Chairman may designate the number and general qualifications of such assistant secretaries or other staff as may be necessary to perform any of the duties of the Secretary.
PART 6MEETINGS

Authority: 39 U.S.C. 202, 205, 4012, 10, 1003, 3622, 3632; 5 U.S.C. 552be, g.

17. Revise 6.1 to read as follows:

6.1

Regular meetings, annual meeting.

The Board shall meet regularly on a schedule established by the Board. The first regular meeting in November of each calendar year is designated as the annual meeting. Consistent with the provisions 6.6 and 7.5 of these bylaws, the time or place of a regular or annual meeting may be varied by recorded vote, with the earliest practicable notice to the Secretary. The Secretary shall distribute to the members an agenda setting forth the proposed subject matter for any regular or annual meeting in advance of the meeting.
18. Revise 6.4 to read as follows:

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6.4

Attendance.

For regularly scheduled meetings of the Board, members are expected to attend in person. Unless prohibited by law or by these bylaws, however, a member of the Board, under exceptional circumstances, may participate in a meeting of the Board by conference telephone, video conference, or similar communications equipment which enables all persons participating in the meeting to hear each other and which permits full compliance with the provisions of these bylaws concerning public observation of meetings.
Attendance at a meeting by this method constitutes presence at the meeting and a member of the Board may be paid for his or her participation provided such meeting addresses substantive, as opposed to procedural or
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19. Amend 6.6 by revising the introductory text to read as follows:

6.6

Quorum and voting.

As provided by 39 U.S.C. 205c, and except for matters considered through the notation voting process described in 6.7, the Board acts by resolution upon a majority vote of those members who attend a meeting in accordance with 6.4. No proxies are allowed in any vote of the members of the Board. Any six 6
members constitute a quorum for the transaction of business by the Board, except:

20. Amend 6.7 by revising paragraph a to read as follows:

6.7

16. The authority citation for part 6
continues to read as follows:

administrative, matters on which the Board has decision making authority.

Notation voting.

a General. Notation voting consists of the circulation of physical or electronic written memoranda and voting sheets to each member of the Board simultaneously and the tabulation of submitted responses.
Notation voting may be used only for routine, non-controversial, or administrative matters.

21. Add 6.8 to read as follows:

6.8 Delegation of Authority for Continuity of Operations.

When, by reason of death, incapacity, or disruption of transportation and communications, a quorum of the Board of Governors cannot reasonably be assembled, or when vacancies on the Board make it impossible for a quorum to assemble, the remaining members of the Board who are able to assemble are constituted a Temporary Emergency Committee of the Board of Governors.
The Chairman or Vice Chairman of the Board, or in their absence any available member of the Board, may convene a meeting of such Temporary Emergency Committee for the consideration of such business as may be needed to provide for continuity of operations for the duration of the emergency, or for the duration of the period of time in which vacancies on the Board prevent a quorum from being assembled. The powers reserved to the Board under 3.3 of these bylaws necessary to provide for continuity of operations are delegated to the Committee, which may exercise such powers until such time as sufficient members of the Board are again available to enable the Board to convene.

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PART 7PUBLIC OBSERVATION
22. The authority citation for part 7
continues to read as follows:

Authority: 39 U.S.C. 410; 5 U.S.C.
552bam.

23. Amend 7.6 by revising paragraph a to read as follows:

7.6 Certification and transcripts of closed meetings.

a No later than the beginning of every meeting or portion of a meeting closed under 7.3a through j of these bylaws, the General Counsel shall publicly certify that, in his or her opinion, the meeting or portion of the meeting may be closed to the public, stating each relevant exemptive provision. The Secretary shall retain this certification, together with a statement from the officer presiding at the meeting which sets forth the time and place of the meeting, and the persons present.

PART 10RULES OF CONDUCT FOR
POSTAL SERVICE GOVERNORS
24. The authority citation for part 10
continues to read as follows:

Authority: 39 U.S.C. 4012, 10.

25. Revise 10.1 to read as follows:

10.1

Applicability.

This part contains rules of conduct for the members of the Board of Governors of the United States Postal Service. As special Government employees within the meaning of 18 U.S.C. 202a, the members of the Board are also subject to the Standards of Ethical Conduct for Employees of the Executive Branch, 5
CFR part 2635, and Postal Service regulations supplemental thereto, 5 CFR
part 7001.
26. Revise 10.2 to read as follows:
10.2

Advisory service.

a The Associate General Counsel and Chief Ethics and Compliance Officer is the Ethical Conduct Officer of the Postal Service and the Designated Agency Ethics Official for purposes of the Ethics in Government Act, as amended, and the implementing regulations of the Office of Government Ethics, including 5 CFR part 2638.
b A Governor may obtain advice and guidance on questions of conflicts of interest, and may request any ruling provided for by either the Standards of Ethical Conduct for Employees of the Executive Branch, or the Postal Service regulations supplemental thereto, from the Associate General Counsel or a designated assistant.

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