(a) The regulations of the Postal Service consist of the following, any of which may, but are not required to, be published in the Federal Register and the Code of Federal Regulations:
(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 Mailing Standards of the United States Postal Service, Domestic Mail Manual; the Postal Operations Manual; the Administrative Support Manual; the Employee and Labor Relations Manual; the Financial Management Manual; the International Mail Manual; those portions of Chapter 2 of the former Postal Service Manual and chapter 7 of the former Postal Manual retained in force; and Publication 52, Hazardous, Restricted, and Perishable Mail; and
(3) Headquarters Circulars, Management Instructions, Regional Instructions, Handbooks, Memoranda of Policy, Publications, delegations of authority, and other regulatory issuances and directives of the Postal Service or the former Post Office Department, to the extent that such documents state binding rules of future effect beyond those stated in other regulations of the Postal Service then in effect.
(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effect at the time the U.S. Postal Service commenced operations, continue in effect, except as subsequently modified or repealed by the Postal Service.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of the United States continued in effect as postal regulations by section 5(a) of the Postal Reorganization Act are repealed.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; 69 FR 36022, June 28, 2004; 69 FR 59545, Oct. 5, 2004; 70 FR 20293, Apr. 19, 2005; 86 FR 53221, Sept. 27, 2021]
Notes of Decisions
Eagle Trust Fund v. U.S. Postal Serv., 365 F. Supp. 3d 57 (D.C. Cir. 2019).
· cites it 2× “at 8-9 ); see also 39 C.F.R. § 211.2 (a)(2) (establishing that "[t]he regulations of the Postal Service consist of[,]" among other things, "[t]he Mailing Standards of the United States Postal Service, Domestic Mail Manual").”
Franchise Tax Bd. v. United States Postal Serv., 467 U.S. 512 (1984).
“An agency of the United States may not accept pay from a State for services performed in withholding State income taxes from the pay of the employees of the agency.”
Gose v. United States Postal Serv., 451 F.3d 831 (Fed. Cir. 2006).
“]”); 39 C.F.R. § 211.2 (a)(2) (1988) (providing that the ELM is a part of the USPS regulations); see also Wood v.”
United States v. Moss, 936 F.3d 52 (1st Cir. 2019).
“8, 2019); 39 C.F.R. § 211.2 (a)(2) (stating that the Domestic Mail Manual forms part of the Postal Service's regulations).”
Hughes v. United States, 110 F.3d 765 (11th Cir. 1997).
“39 C.F.R. § 211.2 (a)(2). At the time of Hughes’ shooting, the Postal Operations Manual stated that “[a]t the postmaster’s discretion, lobbies may remain open when no one is on duty to allow customer access to post office boxes and self-service equipment, provided customer…”
Joseph Alphonse Fazi v. United States, 935 F.2d 535 (2d Cir. 1991).
“The handling and delivery of registered mail is governed principally by rules and procedures contained in two USPS publications, a manual of USPS regulations called the Domestic Mail Manual (“Manual”), see 39 C.F.R. § 211.2 (a)(2), and a Registered Mail Handbook.”
United States v. 27.09 Acres of Land, 737 F. Supp. 277 (S.D.N.Y. 1990).
· cites it 2× “PEPA and the County assert that Handbook RE-6 is generally incorporated by the Postal Service as a regulation pursuant to 39 C.F.R. § 211.2 , which states in relevant part: (a) The regulations of the Postal Service consist of: (3) Headquarters Circulars, Management Instructions,…”
— 39 C.F.R. § 211.2(a)(2) — 1 case
— 39 C.F.R. § 211.2(a)(3) — 1 case
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