USPS' Proposed Rule To Amend Regulations For Closing/Consolidating Post Offices

17794
Proposed Rules Federal Register

Vol. 76, No. 62
Thursday, March 31, 2011
This section of the FEDERAL REGISTER codified statute was re-designated as 39 officials to establish facilities, including
contains notices to the public of the proposed U.S.C. 404(d) under the Postal Post Offices, stations, and branches, and
issuance of rules and regulations. The Accountability and Enhancement Act of also to discontinue them. The authority
purpose of these notices is to give interested 2006 (PAEA), Public Law 109–435, of Congress ‘‘to establish post offices,’’
persons an opportunity to participate in the section 1010(e), 120 Stat. 3261.) Notice U.S. Const. art. I, section 8, cl. 7, has
rule making prior to the adoption of the final
rules.
must be given at least 60 days in been consistently delegated to the
advance to enable customers to present Postmaster General since the
their views. Section 404(d) further establishment of the Nation’s postal
POSTAL SERVICE requires that the Postal Service consider system. See the discussion in Ware v.
specific criteria in making United States, 71 U.S. 617, 630–633
39 CFR Part 241 determinations to close or consolidate a (1866).
post office, including the effects on Numerous other postal statutes, not
Post Office Organization and community and employees, the ability directly concerned with the
Administration: Establishment, to provide a maximum degree of establishment of postal facilities, have
Classification, and Discontinuance effective and regular postal services to also illustrated the distinction between
AGENCY: Postal Service. the affected community, and economic a station or branch and a Post Office.
savings. A determination to close or For example, former 39 U.S.C. 3524–
ACTION: Proposed rule. consolidate any Post Office may be 3530, which set compensation levels for
SUMMARY: This proposed rule would appealed to the Postal Regulatory postmasters and other management
amend postal regulations to improve the Commission (Commission) within 30 employees, clearly show the
administration of the Post Office closing days after such determination is made administrative distinction between a
and consolidation process. In addition, available to customers. The Commission Post Office, supervised by a postmaster,
certain procedures employed for the has up to 120 days to issue a decision and its subordinate stations and
discontinuance of Post Offices would be if an appeal is filed. Even if no appeal branches, generally under the direction
applied to the discontinuance of other is filed, the Postal Service is prevented of an officer in charge. Similarly, in
types of retail facilities operated by from taking action to close or extending the protection of criminal
Postal Service employees. consolidate a post office until 60 days statutes to postal facilities and
have elapsed since its final operations, Congress was careful to
DATES: Comments must be received on
determination has been made available apply those statutes not only to Post
or before May 2, 2011.
to customers. Offices, but to their subordinate service
ADDRESSES: Written comments should units. See, e.g., 18 U.S.C. 1703, 1708,
As part of ongoing efforts to
be mailed or delivered to the Manager, rationalize its retail network, the Postal 1709, 1712, 1721.
Customer Service Standardization, Service has undertaken a review of its Furthermore, Congress was well
ATTN: Retail Discontinuance, 475 regulations in 39 CFR part 241 to aware of the longstanding distinction
L’Enfant Plaza SW., Room 6816, determine how the administration of the between Post Offices and other types of
Washington, DC 20260–6816. Copies of closing process can be improved. The postal facilities when it enacted 39
all written comments will be available Postal Service has identified various U.S.C. 404(d). In proposing the
for inspection and photocopying amendments to section 241.3 that would legislation which provided the
between 9 a.m. and 4 p.m., Monday further the Plan’s objective of improving foundation for current section 404(d),
through Friday, in the Postal Service the closing process. In addition, the Senator Jennings Randolph expressed
Library, at the above address. Postal Service has determined, as a his opposition to the ‘‘indiscriminate
Arrangements should be made in matter of policy, to apply the same closing of our rural and small town post
advance for inspection by contacting discontinuance procedures to all retail offices’’ as well as to the decision ‘‘to
(202) 268–2900. facilities operated by Postal Service create branches out of many post offices
FOR FURTHER INFORMATION CONTACT: employees. These proposed measures close to large cities.’’ To curtail such
Annette Raney, (202) 268–4307. are described below. actions, he offered legislation requiring
SUPPLEMENTARY INFORMATION: The Postal the Postal Service to ‘‘substantiate any
I. Application of Post Office proposal to change or eliminate
Reorganization Act of 1970 directs the
Discontinuance Procedures to Other independent post offices.’’ See 122
Postal Service to establish and maintain
Retail Facilities Cong. Rec. 6314 (March 11, 1976). In its
postal facilities ‘‘of such character and
in such locations that postal patrons Section 404(d) of title 39, U.S. Code, analysis of the subsequently enacted
throughout the nation will, consistent applies only to the ‘‘closing or ‘‘Randolph Amendment,’’ the conference
with reasonable economies of postal consolidation’’ of ‘‘post offices.’’ A Post report on H.R. 8603 explicitly limited its
operations, have ready access to Office is an organizational unit headed application to Post Offices: ‘‘[T]he
sroberts on DSK3CLS3C1PROD with PROPOSALS
essential postal services.’’ 39 U.S.C. by a postmaster that provides retail and managers intend that this provision
403(b)(3). The 1976 amendments to the delivery services, and mail processing, apply to post offices only and not to
Postal Reorganization Act (PRA), to residents and businesses in the ZIP other postal facilities.’’ H.R. Rep. No.
codified in former section 404(b) of title Code areas that comprise that office’s 94–1444, 94th Cong., 2d Sess. 17 (1976).
39 of the U.S. Code, require that the exclusive delivery service area. In using Thus, as a legal matter, former 39 U.S.C.
Postal Service provide adequate notice the term ‘‘Post Office’’ in its technical 404(b) and its modern analogue, 39
to customers of its intention to close or sense for well over a century, Congress U.S.C. 404(d), apply only to Post
consolidate a Post OfficeTM. (The has recognized the need for postal Offices. See Wilson v. United States
VerDate Mar<15>2010 23:19 Mar 30, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\31MRP1.SGM 31MRP1
Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 17795
Postal Service, 441 F. Supp. 803, 806 distinction between the two terms. III. Analysis of Proposed Changes
(C.D. Cal. 1977); Knapp v. United States Postal Service facilities generally offer Section 241.1(a) and (b) would be
Postal Service, 449 F. Supp. 158, 161– the same retail services to customers updated to state the establishment
62 (E.D. Mich. 1978). regardless of the facilities’ requirements and classification system
As a matter of policy, the Postal administrative designation. Moreover, for Post Offices in accordance with
Service recognizes that the functional by applying the same discontinuance Postal Operations Manual (POM)
differences among respective types of procedures to all Postal Service- 123.11. The change in the classification
retail facilities staffed by postal operated retail facilities, the proposed system does not entail any change in
employees may not be readily apparent rule would erase the effect of how respective retail facilities are rated
to its retail customers. The Postal administrative designations on by revenue units within accounting
Service is mindful of comments that the applicable discontinuance procedures. groups. Subsection 241.1(a) would also
Commission has provided to this effect Therefore, the Postal Service does not clarify that Post Offices may be managed
in multiple contexts. Accordingly, many consider it reasonable to continue by postmasters, as is commonly the
customers expect the same
applying discontinuance procedures to case, or by other designated personnel.
discontinuance procedures to apply for
facility re-designations that do not entail The designation of a retail facility as a
their local station as to the nearest
any practical effect for customers. These Post Office, classified station, or
independent Post Office. In the interest
of transparency and responsiveness to changes would also harmonize with classified branch would not depend on
customer needs, the Postal Service has changes regarding administrative whether any responsible personnel is a
concluded that it makes sense, as a oversight of particular offices. postmaster.
policy matter, to propose the The proposed rule would not be In keeping with the policy change
application of a single set of retroactive. Therefore, until such time as concerning the scope of discontinuance
discontinuance procedures to postal any proposed changes are issued in a procedures, the proposed rule would
employee-operated retail facilities. final rule and take effect, the proposed replace all references to ‘‘post office’’ in
Although customers of contractor- 39 CFR 241.3 with ‘‘USPS-operated
change in policy is not effective and
operated retail facilities may also retail facility’’ (or a similar term). A new
would not affect the procedures
experience and expect comparable subparagraph (a)(1)(ii) would be added
currently in use for discontinuance of
levels of service to those of postal to define ‘‘USPS-operated retail facility’’
Postal Service retail facilities.
employee-operated retail facilities, as any Post Office, station, or branch
exigencies of contracting relationships II. Procedural Changes that is operated by Postal Service
make it generally impractical to employees, rather than by contractor
After an extensive review, the Postal personnel. Subparagraph (a)(1)(ii)
harmonize their discontinuance
Service is in the process of revising and would also define ‘‘contractor-operated
procedures with the deliberative
timeframe and procedures required for updating its discontinuance procedures. retail facility’’ as any community post
discontinuance of Postal Service- This process significantly improves the office, station, branch, or other facility
operated facilities. internal timeframes, level of offering retail postal services that is
The Postal Service recognizes that its coordination, and approvals; it will operated by a contractor, rather than by
proposed rule represents a policy maintain compliance with the statute Postal Service employees.
change that significantly enhances and enhances public notice and Paragraph (a)(1) would be renumbered
transparency for its customers. The involvement. The internal procedures as subparagraph (a)(1)(i), and the scope
proposed rule does not, however, for discontinuance actions are detailed of 39 CFR 241.3 would be defined in
change the text or legislative history of in Handbook PO–101, Post Office that subparagraph as applying to the
39 U.S.C. 404(d), which indicate Discontinuance Guide, which is closure or combination of any Postal
Congress’s intent that the statute should undergoing revision. Certain changes Service-operated retail facility or
apply only to independent Post Offices are also required to 39 CFR 241.3 to facilities, or the replacement of such a
and not to subordinate retail facilities. reflect the new processes. For example, facility with a contractor-operated retail
By proposing the application of uniform retail facility discontinuances may be facility. Corresponding changes would
procedures to all Postal Service- prompted not only by local evaluations, be made to paragraph (c)(2) with respect
operated retail facilities, the Postal but also by nationwide directives from to the scope of a ‘‘consolidation’’ for
Service would exceed the procedural the responsible Headquarters office. purposes of 39 CFR 241.3. Subparagraph
requirements of its operating statute in (a)(1)(iii) would be added to clarify that
In addition, current regulations
the interests of public transparency and the reclassification of a Post Office as a
require at least a 90-day waiting period
participation. Postal Service-operated station or
after posting of a final determination (if
One consequence of this procedural branch, or the replacement of the former
not appealed to the Commission) or
harmonization is that the distinguishing with the latter, is not a closing or
after a Commission order upholding the
factor would become the identity of the consolidation subject to 39 CFR 241.3.
final determination. The statute,
facility as operated by the Postal Service Subparagraph (a)(1)(iii) would also
however, only requires a 60-day period
or a contractor, and not the clarify that discontinuance actions
administrative classification of affected after posting of the final determination.
subject to 39 CFR 241.3 do not include
facilities as Post Offices, stations, or Accordingly, the proposed rule would staffing changes in the management of a
branches. The conversion of an make the mandatory waiting period post office such that it is staffed by a
consistent with statutory requirements,
independent Post Office to a postmaster part-time or not at all and by

subordinate Postal Service-operated although the Postal Service could, at its another type of USPS employee during
retail facility would no longer constitute discretion, defer implementation. the remaining office hours.
a ‘‘consolidation’’ that triggers Finally, the proposed rule would give Because the discontinuance
discontinuance proceedings, as it does explicit guidance to District Managers as procedures in 39 CFR 241.3 would
today. The governing statute does not to the circumstances that may justify apply beyond the extent legally required
define ‘‘close’’ and ‘‘consolidate,’’ nor commencement of a discontinuance by 39 U.S.C. 404(d), paragraph (a)(2)
does it offer any guidance as to the study. would be renamed simply
17796 Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules
‘‘Requirements,’’ and the reference to 39 is a small Post Office operating at a (g)(4)(i), the proposed rule would allow
U.S.C. 404(d) as the statutory source of deficit. implementation anytime after issuance
such requirements would be deleted. The scope of paragraph (b)(4) would of the Commission’s Order, so long as
Paragraph (a)(2), subparagraph be extended to the replacement of any the 60-day waiting period after posting
(a)(3)(ii), and paragraph (c)(1) would be Postal Service-operated retail facility of the final determination is also
amended to allow for the possibility that with another type of Postal Service- satisfied. The current rule for both
discontinuance actions may result from operated or contractor-operated retail instances, that a discontinuance be
initiatives or instructions by the facility. effective on the first Saturday 90 days
responsible Vice President or from Paragraph (b)(5) would be deleted, after the Commission’s order, is not
District Managers. Although many because the Publication that lists required by statute. Although the Postal
discontinuance actions will continue to discontinued Post Offices referenced in Service may continue to apply a longer
be prompted by local personnel’s that paragraph is obsolete. time period in some cases, the proposed
assessment of prevailing conditions, this Subparagraph (c)(4)(vii) would be rule would allow the Postal Service to
change would reflect the fact that reorganized to more accurately indicate do otherwise within the statutory
discontinuance actions could also flow the contents of the proposal notice. framework.
from nationwide requirements for retail Clause (c)(4)(vii)(B) and subparagraph Clause (g)(3)(ii)(B) would be amended
facilities established by relevant (f)(2)(ii) would be amended to require to clarify that the Commission’s final
Headquarters offices. notice of appeal rights only for proposed order and opinion need only be
discontinuances of post offices, in displayed at the Postal Service-operated
Subparagraph (a)(2)(iv) currently
accordance with the scope of the retail facility subject to discontinuance
refers to the statutory right of persons
Commission’s statutory jurisdiction, as for 30 days or until the effective date of
served by an affected Post Office to
described in the analysis of the discontinuance, whichever is
appeal a discontinuance determination
subparagraph (a)(2)(iv) above. earlier.
to the Commission. Although the Postal
Paragraph (d)(2) and the sample form The proposed rule would also make
Service is proposing to extend the
included therein would be deleted. This several minor changes to update terms.
applicability of its post office
form will be available to customers in References to the former ‘‘Postal Rate
discontinuance procedures to other Commission’’ would be replaced with
accordance with these regulations.
types of Postal Service-operated retail ‘‘Postal Regulatory Commission,’’ in
Current paragraphs (d)(3) and (4) would
facilities, the Postal Service does not accordance with the renaming of that
be renumbered (d)(2) and (3),
have the power to alter the scope of the entity under Section 604 of the PAEA,
respectively.
Commission’s statutory jurisdiction. Paragraph (d)(3) (re-designated as Public Law 109–435, 120 Stat. 3241–
Therefore, the Postal Service proposes (d)(2)) would be amended to clarify that 3242. References to Administrative
to add a sentence to subparagraph a community meeting should be held Support Manual (ASM) 352.6 would be
(a)(2)(iv) to clarify that, in cases where unless the responsible Vice President or updated to refer to chapter 4 of
customers of an affected Postal Service- Area Manager of Delivery Programs Handbook AS–353, Guide to Privacy,
operated retail facility other than a post Support instructs otherwise. the Freedom of Information Act, and
office file an appeal with the Subparagraph (d)(4)(v) (re-designated Records Management, to which the
Commission, the Postal Service’s Office as (d)(3)(v)) would advise that certain ASM’s records request regulations have
of General Counsel will determine personally identifiable information may been transferred. References to former
whether to raise jurisdictional defenses be redacted from publicly accessible 39 U.S.C. 404(b) would be updated to
on a case-by-case basis, without waiving copies of the discontinuance record, in 39 U.S.C. 404(d). Subparagraph (g)(3)(ii)
any objections as to the Commission’s the interest of protecting personal would assign responsibility to the Postal
general lack of jurisdiction over such privacy. Service’s Office of the General Counsel,
attempted appeals. In addition, Subsection (e)(2)(ii)(A) and (B) would rather than specifically to the former
subparagraph (a)(2)(iv) would be be amended to reflect the fact that section for Legal Policy and Ratemaking
amended to incorporate the ‘‘mailbox discontinuance records are typically Law. Finally, the position titles of
rule’’ for receipt of appeals by the transmitted electronically, as well as District Manager, Customer Service and
Commission, in accordance with forwarded in paper form. Therefore, it is Sales, and Vice President, Delivery and
39 U.S.C. 404(d)(6). more appropriate for the District Retail, throughout the section would be
A new paragraph (a)(4) would be Manager to certify accuracy of the updated to District Manager and
added to clarify the circumstances that record being transmitted, rather than to responsible Vice President, respectively.
may prompt a District Manager, Vice attach a separate certification as to the Although exempt from the notice and
President, or a designee of either to accuracy of copies. comment requirements of the
initiate a discontinuance study. Subparagraph (g)(1)(i) would be Administrative Procedure Act (5 U.S.C.
Permissible factors include postmaster amended to remove the District 553(b), (c)) regarding proposed
vacancies, emergency suspensions, Manager’s obligation to notify the rulemaking by 39 U.S.C. 410(a), the
workload changes, drops in customer responsible Vice President of the date of Postal Service invites comments on the
demand, availability of reasonable posting. following proposed amendments to the
alternate access to postal services, and The timeframe for implementation in Code of Federal Regulations.
other special circumstances. Absent one the event that a final determination is An appropriate amendment to 39 CFR
or more such permissible not appealed, set forth in paragraph part 241 to reflect these changes will be
circumstances, a deciding official of (g)(2), would be amended such that published if the proposal is adopted.
either may not initiate a discontinuance implementation can occur anytime after
the statutorily required 60-day waiting List of Subjects in 39 CFR Part 241
study because restroom facilities or
building modifications for the period that commences the first day Organization and functions
handicapped are required, for reasons of after posting of the final determination. (government agencies), Postal Service.
compliance with the Occupational Similarly, when the Commission For the reasons set out in this
Health and Safety Act of 1970 (29 U.S.C. upholds the Postal Service’s final document, the Postal Service proposes
651 et seq.), or because the retail facility determination under subparagraph to amend 39 CFR part 241 as follows:
PART 241—RETAIL ORGANIZATION (C) Discontinue a USPS-operated post (i) The public must be given 60 days’
AND ADMINISTRATION: office, station, or branch without notice of a proposed action to enable the
ESTABLISHMENT, CLASSIFICATION, providing a replacement facility. persons served by a USPS-operated
AND DISCONTINUANCE (ii) As used in this section, ‘‘USPS- retail facility to evaluate the proposal
operated retail facility’’ includes any and provide comments.
1. The authority citation for 39 CFR (ii) After public comments are
part 241 is revised to read as follows: Postal Service employee-operated post
office, station, or branch, but does not received and taken into account, any
Authority: 39 U.S.C. 101, 401, 404, 410. include any station, branch, community final determination to close or
2. Revise § 241.1 to read as follows: post office, or other retail facility consolidate a USPS-operated retail
operated by a contractor. ‘‘Contractor- facility must be made in writing and
§ 241.1 Post offices. operated retail facility’’ includes any must include findings covering all the
(a) Establishment. Post offices are station, branch, community post office, required considerations.
established and maintained at locations or other facility, including a private (iii) The written determination must
deemed necessary to ensure that regular business, offering retail postal services be made available to persons served by
and effective postal services are that is operated by a contractor, and the USPS-operated retail facility at least
available to all customers within does not include any USPS-operated 60 days before the discontinuance takes
specified geographic boundaries. A post retail facility. effect.
office may be operated or managed by (iv) Within the first 30 days after the
(iii) The conversion of a post office written determination is made available,
a postmaster or by another type of postal into, or the replacement of a post office
employee. any person regularly served by a Post
with, another type of USPS-operated Office subject to discontinuance may
(b) Classification. As of October 1 of retail facility is not a discontinuance
each year, Post Offices are categorized appeal the decision to the Postal
action subject to this section. A change Regulatory Commission. Where persons
through a cost ascertainment grouping in the management of a post office such
(CAG) process based on allowable postal regularly served by another type of
that it is staffed only part-time by a USPS-operated retail facility subject to
revenue units for the second proceeding postmaster, or not staffed at all by a
fiscal year as follows: discontinuance file an appeal with the
postmaster, but rather by another type of Postal Regulatory Commission, the
(1) CAG A–G. Post offices having 950 USPS employee, is not a discontinuance
or more revenue units. General Counsel reserves the right to
action subject to this section. assert defenses, including the
(2) CAG H–J. Post offices having 190
but less than 950 revenue units. (2) Requirements. A District Manager Commission’s lack of jurisdiction over
(3) CAG K. Post offices having 36 but or the responsible Vice President may such appeals. For purposes of
less 190 revenue units. initiate a study of a USPS-operated determining whether an appeal is filed
(4) CAG L. Post offices having less facility for possible discontinuance. Any within the 30-day period, receipt by the
than 36 revenue units. decision to close or consolidate a USPS- Commission is based on the postmark of
3. Revise § 241.3 to read as follows: operated retail facility may be effected the appeal, if sent through the mail, or
only upon the consideration of certain on other appropriate documentation or
§ 241.3 Discontinuance of USPS-operated factors. These include the effect on the indicia, if sent through another lawful
retail facilities. community served; the effect on delivery method.
(a) Introduction—(1) Coverage. (i) employees of the USPS-operated retail (v) The Commission may only affirm
This section establishes the rules facility; compliance with government the Postal Service determination or
governing the Postal Service’s policy established by law that the Postal return the matter for further
consideration of whether an existing Service must provide a maximum consideration but may not modify the
retail Post Office, station, or branch degree of effective and regular postal determination.
should be discontinued. The rules cover services to rural areas, communities, (vi) The Commission is required to
any proposal to: and small towns where post offices are make any determination subject to 39
(A) Replace a USPS-operated post not self-sustaining; the economic U.S.C. 404(d)(5) no later than 120 days
office, station, or branch with a savings to the Postal Service; and any after receiving the appeal.
contractor-operated retail facility; other factors the Postal Service (vii) The following table summarizes
(B) Combine a USPS-operated post determines necessary. In addition, the notice and appeal periods defined
office, station, or branch with another certain mandatory procedures apply as by statute.
USPS-operated retail facility, or follows: BILLING CODE 7710–12–P
BILLING CODE 7710–12–C (4) Circumstances prompting decision the sanctity of the mail, or similar
(3) Additional requirements. This to study —(i) Permissible circumstances. reasons;
section also includes: A District Manager, the responsible Vice
(i) Rules to ensure that the (C) Earned workload below the
President, or a designee of either may minimum established level for the
community’s identity as a postal initiate a study of a USPS-operated
address is preserved. lowest non-bargaining (EAS) employee
retail facility’s potential discontinuance
(ii) Rules for consideration of a grade;
based upon circumstances including,
proposed discontinuance and for its but not limited to, the following: (D) Insufficient customer demand,
implementation, if approved. These (A) A postmaster vacancy; evidenced by declining or low volume,
rules are designed to ensure that the (B) Emergency suspension of the revenue, revenue units, local business
reasons leading to discontinuance of a USPS-operated retail facility due to activity, or local population trends;
particular USPS-operated retail facility cancellation of a lease or rental (E) The availability of reasonable
are fully articulated and disclosed at a agreement when no suitable alternate
alternate access to postal services for the
stage that enables customer quarters are available in the community,
community served by the USPS-
participation to make a helpful a fire or other natural disaster, severe
operated retail facility; or
EP31MR11.065</GPH>
contribution toward the final decision. health or safety hazards, challenge to
(F) The incorporation of two that the discontinuance of any USPS- (iii) Effect on employees. The written
communities into one or other special operated retail facility may be proposal must summarize the possible
circumstances. warranted, the District Manager: effects of the change on postmasters and
(ii) Impermissible circumstances. In (i) Must use the standards and other employees of the USPS-operated
the absence of any circumstances procedures in § 241.3(c) and (d). retail facility considered for
identified in paragraph (a)(4)(i) of this (ii) Must investigate the situation. discontinuance.
section, the following do not constitute (iii) May propose the USPS-operated (iv) Savings. The proposal must
circumstances that justify initiation of a retail facility be discontinued. include an analysis of the economic
discontinuance study: (2) Consolidation. The proposed savings to the Postal Service from the
(A) Any claim that the continued action may include a consolidation of proposed action, including the cost or
operation of a building without USPS-operated retail facilities. A savings expected from each major factor
handicapped modifications is consolidation arises when a USPS- contributing to the overall estimate.
inconsistent with the Architectural operated retail facility is replaced with (v) Other factors. The proposal should
Barriers Act (42 U.S.C. 4151 et seq.); a contractor-operated retail facility. include an analysis of other factors that
(B) The absence of running water or (3) Views of postmasters. Whether the the District Manager determines are
restroom facilities; discontinuance under consideration necessary for a complete evaluation of
(C) Compliance with the Occupational involves a consolidation or not, the the proposed change, whether favorable
Safety and Health Act of 1970 (29 U.S.C. District Manager must discuss the or unfavorable.
651 et seq.); or matter with the postmaster (or the (vi) Summary. The proposal must
(D) The operation of a small Post officer in charge) of the USPS-operated include a summary that explains why
Office at a deficit. retail facility considered for the proposed action is necessary, and
(b) Preservation of community assesses how the factors supporting the
discontinuance, and with the
address—(1) Policy. The Postal Service proposed change outweigh any negative
postmaster of any other USPS-operated
permits the use of a community’s factors. In taking competing
retail facility affected by the change.
separate address to the extent considerations into account, the need to
The District Manager should make sure
practicable. provide regular and effective service is
(2) ZIP Code assignment. The ZIP that these officials submit written
comments and suggestions as part of the paramount.
Code for each address formerly served (vii) Notice. The proposal must
from the discontinued USPS-operated record when the proposal is reviewed.
include the following notices:
retail facility should be kept, wherever (4) Preparation of written proposal. (A) Supporting materials. ‘‘Copies of
practical. In some cases, the ZIP Code The District Manager, or a designee, all materials on which this proposal is
originally assigned to the discontinued must gather and preserve for the record based are available for public inspection
USPS-operated retail facility may be all documentation used to assess the at (Facility Name) during normal office
changed if the responsible District proposed change. If the District Manager hours.’’
Manager receives approval from his or thinks the proposed action is warranted, (B) Nature of posting. ‘‘This is a
her Vice President, Area Operations, he or she, or a designee, must prepare proposal. It is not a final determination
before any proposal to discontinue the a document titled ‘‘Proposal to (Close) to (close) (consolidate) this facility.’’
USPS-operated retail facility is posted. (Consolidate) the (Facility Name).’’ This (C) Posting of final determination. ‘‘If
(i) In a consolidation, the ZIP Code for document must describe, analyze, and a final determination is made to close or
the replacement contractor-operated justify in sufficient detail to Postal consolidate this facility, after public
retail facility is the ZIP Code originally Service management and affected comments on this proposal are received
assigned to the discontinued facility. customers the proposed service change. and taken into account, a notice of that
(ii) If the ZIP Code is changed and the The written proposal must address each final determination will be posted in
parent or gaining USPS-operated retail of the following matters in separate this facility.’’
facility covers several ZIP Codes, the sections: (D) Appeal rights. ‘‘The final
ZIP Code must be that of the delivery (i) Responsiveness to community determination will contain instructions
area within which the facility is located. postal needs. It is the policy of the on how affected customers may appeal
(3) USPS-operated retail facility’s city Government, as established by law, that a decision to close or consolidate a post
name in address. If all the delivery the Postal Service will provide a office to the Postal Regulatory
addresses using the city name of the maximum degree of effective and Commission. Any such appeal must be
USPS-operated retail facility being regular postal services to rural areas, received by the Commission within 30
discontinued continue to use the same communities, and small towns where days of the posting of the final
ZIP Code, customers may continue to post offices are not self-sustaining. The determination.’’ The notice in this
use the discontinued facility’s city name proposal should: clause is provided when the USPS-
in their addresses, instead of that of the (A) Contrast the services available operated retail facility under study is a
new delivering USPS-operated retail before and after the proposed change; post office. For purposes of this clause,
facility. (B) Describe how the changes respond the date of receipt by the Commission
(4) Name of facility established by to the postal needs of the affected is based on the postmark of the appeal,
consolidation. If a USPS-operated retail customers; and if sent through the mail, or on other
facility is replaced by a contractor- (C) Highlight particular aspects of appropriate documentation or indicia, if
operated facility, the replacement unit is customer service that might be less sent through another lawful delivery
usually given the same name of the advantageous as well as more method.
facility that is replaced. advantageous. (d) Notice, public comment, and
(c) Initial proposal—(1) In general. If (ii) Effect on community. The record—(1) Posting proposal and
a District Manager believes that the proposal must include an analysis of the comment notice. A copy of the written
discontinuance of a USPS-operated effect the proposed discontinuance proposal and a signed invitation for
retail facility within his or her might have on the community served, comments must be posted prominently
responsibility may be warranted, or if and discuss the application of the in the USPS-operated retail facility
the responsible Vice President believes requirements in § 241.3(b). under study and in any other affected
USPS-operated retail facility. The was temporarily suspended, beginning supplement the record. Each instruction
invitation for comments must: no later than the date on which notice and the response must be added to the
(i) Ask interested persons to provide is posted and extending through the record. The decision on the proposal of
written comments within 60 days, to a comment period. When appropriate, the District Manager, which must also
stated address, offering specific certain personally identifiable be added to the record, may approve or
opinions and information, favorable or information, such as individual names disapprove the proposal, or return it for
unfavorable, on the potential effect of or residential addresses, may be further action as set forth in this
the proposed change on postal services redacted from the publicly accessible paragraph (f).
and the community. copy of the record. (2) Approval. The responsible Vice
(ii) State that copies of the proposal (vi) Copies of documents in the record President or a designee may approve the
with attached optional comment forms (except the proposal and comment form) proposed discontinuance, with or
are available in the affected USPS- are provided on request and on payment without further revisions. If approved
operated retail facilities. of fees as noted in chapter 4 of without further revision, the term ‘‘Final
(iii) Provide a name and telephone Handbook AS–353, Guide to Privacy, Determination’’ is substituted for
number to call for information. the Freedom of Information Act, and ‘‘Proposal’’ in the title. A copy of the
(2) Other steps. In addition to Records Management. Final Determination must be provided
providing notice and inviting comment, (e) Consideration of public comments to the District Manager. The Final
the District Manager must take any other and final local recommendation—(1) Determination constitutes the Postal
steps necessary to ensure that the Analysis of comments. The District Service determination for the purposes
persons served by affected USPS- Manager or a designee must prepare an of 39 U.S.C. 404(d).
operated retail facilities understand the analysis of the public comments (i) Supporting materials. The Final
nature and implications of the proposed received for consideration and inclusion Determination must include the
action. A community meeting should be in the record. If possible, comments following notice: ‘‘Copies of all materials
held unless otherwise instructed by the subsequently received should also be on which this Final Determination is
responsible Vice President or the Area included in the analysis. The analysis based are available for public inspection
Manager of Delivery Programs Support. should list and briefly describe each at the (Facility Name) during normal
(i) If oral contacts develop views or point favorable to the proposal and each office hours.’’
information not previously documented, point unfavorable to the proposal. The (ii) Appeal rights. If the USPS-
whether favorable or unfavorable to the analysis should identify to the extent operated retail facility subject to
proposal, the District Manager should possible how many comments support discontinuance is a post office, the Final
encourage persons offering the views or each point listed. Determination must include the
information to provide written (2) Re-evaluation of proposal. After
following notice: ‘‘This Final
comments to preserve them for the completing the analysis, the District
Determination to (close) (consolidate)
record. Manager must review the proposal and
the (Facility Name) may be appealed by
(ii) As a factor in making his or her re-evaluate all the tentative conclusions
any person served by that office to the
decision, the District Manager may not previously made in light of additional
Postal Regulatory Commission. Any
rely on communications received from customer information and views in the
appeal must be received by the
anyone unless submitted in writing for record.
(i) Discontinuance not warranted. If Commission within 30 days of the date
the record.
(3) Record. The District Manager must the District Manager decides against the this Final Determination was posted. If
keep as part of the record for proposed discontinuance, he or she an appeal is filed, copies of appeal
consideration and review all must post, in the USPS-operated retail documents prepared by the Postal
documentation gathered about the facility considered for discontinuance, a Regulatory Commission, or the parties
proposed change. notice stating that the proposed closing to the appeal, must be made available
(i) The record must include all or consolidation is not warranted. for public inspection at the (Facility
information that the District Manager (ii) Discontinuance warranted. If the Name) during normal office hours.’’
considered, and the decision must stand District Manager decides that the (3) Disapproval. The responsible Vice
on the record. No written information or proposed discontinuance is justified, President or a designee may disapprove
views submitted by customers may be the appropriate sections of the proposal the proposed discontinuance and return
excluded. must be revised, taking into account the it and the record to the District Manager
(ii) The docket number assigned to the comments received from the public. with written reasons for disapproval.
proposal must be the ZIP Code of the After making necessary revisions, the The District Manager or a designee must
office proposed for closing or District Manager must: post a notice in each affected USPS-
consolidation. (A) Transmit the revised proposal and operated retail facility that the proposed
(iii) The record must include a the entire record to the responsible Vice closing or consolidation has been
chronological index in which each President. determined to be unwarranted.
document contained is identified and (B) Certify that all documents in the (4) Return for further action. The
numbered as filed. record are originals or true and correct responsible Vice President or a designee
(iv) As written communications are copies. may return the proposal of the District
received in response to the public notice (f) Postal Service decision.—(1) In Manager with written instructions to
and invitation for comments, they are general. The responsible Vice President give additional consideration to matters
included in the record. or a designee must review the proposal in the record, or to obtain additional
(v) A complete copy of the record of the District Manager and decide on information. Such instructions must be
must be available for public inspection the merits of the proposal. This review placed in the record.
during normal office hours at the USPS- and the decision must be based on and (5) Public file. Copies of each Final
operated retail facility proposed for supported by the record developed by Determination and each disapproval of
discontinuance or at the USPS-operated the District Manager. The responsible a proposal by the responsible Vice
retail facility providing alternative Vice President can instruct the District President must be placed on file in the
service, if the office to be discontinued Manager to provide more information to Postal Service Headquarters library.
(g) Implementation of final (B) All documents except the Postal by New York that are intended to meet
determination—(1) Notice of final Regulatory Commission’s final order several Clean Air Act requirements for
determination to discontinue USPS- and opinion must be displayed until the attaining the 0.08 part per million 8-
operated retail facility. The District final order and opinion are issued. The hour ozone national ambient air quality
Manager must: final order and opinion must be standards. EPA is proposing to approve:
(i) Provide notice of the Final displayed at the USPS-operated retail the 2002 base year emission inventory
Determination by posting a copy facility to be discontinued for 30 days and the projection year emissions, the
prominently in the USPS-operated retail or until the effective date of the motor vehicle emissions budgets used
facilities likely to be serving the affected discontinuance, whichever is earlier. for planning purposes, the reasonable
customers. The date of posting must be The final order and opinion must be further progress plan, and the
noted on the first page of the posted displayed for 30 days in the USPS- contingency measures as they relate to
copy as follows: ‘‘Date of posting.’’ operated retail facilities likely to be the New York portion of the New York-
(ii) Ensure that a copy of the serving the affected customers. Northern New Jersey-Long Island, NY–
completed record is available for public (4) Actions following appeal NJ–CT and the Poughkeepsie 8-hour
inspection during normal business decision—(i) Determination affirmed. If ozone moderate nonattainment areas.
hours at each USPS-operated retail the Commission dismisses the appeal or DATES: Comments must be received on
facility where the Final Determination is affirms the Postal Service’s or before May 2, 2011.
posted for 30 days from the posting determination, the official closing date ADDRESSES: Submit your comments,
date. of the office must be published in the identified by Docket Number EPA–R02–
(iii) Provide copies of documents in Postal Bulletin, effective anytime after OAR–2010–1058, by one of the
the record on request and payment of the Commission renders its opinion, if following methods:
fees as noted in chapter 4 of Handbook not previously implemented under • http://www.regulations.gov: Follow
AS–353, Guide to Privacy, the Freedom § 241.3(g)(3)(i). However, the USPS- the on-line instructions for submitting
of Information Act, and Records operated retail facility may not be comments.
Management. discontinued sooner than 60 days after • E-mail: Werner.Raymond@epa.gov.
(2) Implementation of determinations the first day of the posting of the notice • Fax: 212–637–3901.
not appealed. If no appeal is filed, the required under § 241.3(g)(1). • Mail: Raymond Werner, Chief, Air
official closing date of the office must be (ii) Determination returned for further Programs Branch, Environmental
published in the Postal Bulletin and consideration. If the Commission Protection Agency, Region 2 Office, 290
effective, at the earliest, 60 days after returns the matter for further Broadway, 25th Floor, New York, New
the first day that Final Determination consideration, the responsible Vice York 10007–1866.
was posted. A District Manager may President must direct that either: • Hand Delivery: Raymond Werner,
request a different date for official (A) Notice be provided under Chief, Air Programs Branch,
discontinuance in the Retail Change paragraph (f)(3) of this section that the Environmental Protection Agency,
Announcement document submitted to proposed discontinuance is determined Region 2 Office, 290 Broadway, 25th
the responsible Vice President or a not to be warranted or Floor, New York, New York 10007–
designee. However, the USPS-operated (B) The matter be returned to an 1866. Such deliveries are only accepted
retail facility may not be discontinued appropriate stage under this section for during the Regional Office’s normal
sooner than 60 days after the first day further consideration following such hours of operation. The Regional
of the posting of the notice required by instructions as the responsible Vice Office’s official hours of business are
paragraph (g)(1) of this section. President may provide. Monday through Friday, 8:30 to 4:30
(3) Actions during appeal—(i) Stanley F. Mires, excluding Federal holidays.
Implementation of discontinuance. If an Chief Counsel, Legislative. Instructions: Direct your comments to
appeal is filed, only the responsible [FR Doc. 2011–7555 Filed 3–28–11; 4:15 pm] Docket No. EPA–R02–OAR–2010–1058.
Vice President may direct a EPA’s policy is that all comments
BILLING CODE 7710–12–P
discontinuance before disposition of the received will be included in the public
appeal. However, the USPS-operated docket without change and may be
retail facility may not be permanently made available online at http://
discontinued sooner than 60 days after ENVIRONMENTAL PROTECTION
www.regulations.gov, including any
the first day of the posting of the notice AGENCY
personal information provided, unless
required by paragraph (g)(1) of this 40 CFR Part 52 the comment includes information
section. claimed to be Confidential Business
(ii) Display of appeal documents. The [EPA–R02–OAR–2010–1058, FRL–9288–5] Information (CBI) or other information
Office of General Counsel must provide whose disclosure is restricted by statute.
the District Manager with copies of all Approval and Promulgation of Do not submit information that you
pleadings, notices, orders, briefs, and Implementation Plans; New York consider to be CBI or otherwise
opinions filed in the appeal proceeding. Reasonable Further Progress Plans, protected through http://
(A) The District Manager must ensure Emissions Inventories, Contingency www.regulations.gov or e-mail. The
that copies of all these documents are Measures and Motor Vehicle http://www.regulations.gov Web site is
prominently displayed and available for Emissions Budgets an ‘‘anonymous access’’ system, which
public inspection in the USPS-operated AGENCY: Environmental Protection means EPA will not know your identity
retail facility to be discontinued. If the Agency (EPA). or contact information unless you
operation of that USPS-operated retail ACTION: Proposed rule. provide it in the body of your comment.
facility has been suspended, the District If you send an e-mail comment directly
Manager must ensure that copies are SUMMARY: The Environmental Protection to EPA without going through http://
displayed in the USPS-operated retail Agency (EPA) is proposing action on www.regulations.gov your e-mail
facilities likely to be serving the affected portions of a proposed State address will be automatically captured
customers. Implementation Plan revision submitted and included as part of the comment

USPS' Proposed Rule To Amend Regulations For Closing/Consolidating Post Offices

Transféré par

Informations du document

Titre original

Copyright

Formats disponibles

Partager ce document

Partager ou intégrer le document

Options de partage

Avez-vous trouvé ce document utile ?

Ce contenu est-il inapproprié ?

Droits d'auteur :

Formats disponibles

USPS' Proposed Rule To Amend Regulations For Closing/Consolidating Post Offices

Transféré par

Droits d'auteur :

Formats disponibles

17794

Proposed Rules Federal Register

Thursday, March 31, 2011

independent Post Office to a postmaster part-time or not at all and by

contribution toward the final decision. health or safety hazards, challenge to

Vous aimerez peut-être aussi