Title 39—Postal Service--Volume 1
PART 778—INTERGOVERNMENTAL REVIEW OF POSTAL SERVICE FACILITY ACTIONS
§ 778.1   What is the purpose of these regulations?
(a) The regulations in this part implement Executive Order 12372, “Intergovernmental Review of Federal Programs,” issued July 14, 1982 and amended on April 8, 1983. These regulations also implement applicable provisions of section 401 of the Intergovernmental Cooperation Act of 1968, which the Postal Service follows as a matter of policy.
(b) These regulations are intended to foster an intergovernmental partnership and a strengthened Federalism by relying on state processes and on state, areawide, regional and local coordination for review of proposed direct federal development projects.
(c) These regulations are not intended to create any right or benefit enforceable at law by a party against the Postal Service or its officers.
(d) These regulations implement Executive Order 12372 and are adopted under the Postal Reorganization Act rather than the statute and Executive Order listed in paragraph (a) of this section to the extent the statute and Executive Order do not apply to the Postal Service under 39 U.S.C. 410(a).
§ 778.2   What definitions apply to these regulations?
Order means Executive Order 12372, issued July 14, 1982, and amended April 8, 1983, and titled “Intergovernmental Review of Federal Programs.”
State means any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the U.S. Virgin Islands, or the Trust Territory of the Pacific Islands.
§ 778.3   What categories of facility project actions of the Postal Service are subject to these regulations?
The Postal Service publishes in the Federal Register a list of its categories of facility project actions that are subject to these regulations.
§ 778.4   What are the Postal Service's general responsibilities under the Order?
(a) The Postal Service provides opportunities for consultation by elected officials of those state and local governments that would be directly affected by the Postal Service's facility project actions.
(b) If a state adopts a process under the Order to review and coordinate proposed direct Federal development projects, the Postal Service, to the extent permitted by law:
(1) Uses the state process to determine official views of state and local elected officials;
(2) Communicates with state and local elected officials as early in a facility project action's planning cycle as is reasonably feasible to explain specific plans and actions;
(3) Makes efforts to accommodate state and local elected officials' concerns with proposed direct Federal development projects that are communicated through the state process; and
(4)-(5) [Reserved]
(6) Seeks the coordination of views of affected state and local elected officials in one state with those of another state when a proposed direct Federal development project has an impact on interstate metropolitan urban centers or other interstate areas.
§ 778.5   What is the Postal Service's obligation with respect to federal interagency coordination?
The Postal Service, to the extent practicable, consults with and seeks advice from other federal departments and agencies substantially affected by Postal Service facility project actions covered under these regulations.
§ 778.6   What procedures apply to a state's choice of facility action categories under these regulations?
(a) A state may select any categories of facility project actions published in the Federal Register in accordance with § 778.3 for intergovernmental review under these regulations. Each state, before selecting categories of facility project actions, shall consult with local elected officials.
(b) Each state that adopts a process shall notify the Postal Service of the Postal Service's categories of facility actions selected for that process.
(c) A state may notify the Postal Service of changes in its selections at any time. For each change, the state shall submit to the Postal Service an assurance that the state has consulted with local elected officials regarding the change. The Postal Service may establish deadlines by which states are required to inform the Postal Service of changes in their facility action category selections.
(d) The Postal Service uses a state's process as soon as feasible, after the Postal Service is notified of the state's selections.
§ 778.7   How does the Postal Service communicate with state and local officials concerning the Postal Service's facility project actions?
(a) [Reserved]
(b) The Postal Service provides notice directly to affected state, areawide, regional, and local entities in a state of a proposed direct Federal development project if:
(1) The state has not adopted a process under the Order; or
(2) The development project involves a facility project action category not selected for the state process.
§ 778.8   How does the Postal Service provide states an opportunity to comment on proposed facility project actions?
(a) Except in unusual circumstances, the Postal Service gives state processes or directly affected state, areawide, regional and local officials and entities:
(1) [Reserved]
(2) At least 60 days from the date established by the Postal Service to comment on proposed facility project actions (except as noted in paragraph (a)(3) of this section).
(3) For facility project actions in the Washington, DC National Capital Region, coordination also is accomplished with the National Capital Planning Commission (NCPC). The Postal Service gives the NCPC 90 days to comment on projects in the Maryland and Virginia portions of the National Capital Region.
(b) This section also applies to comments in cases in which the review, coordination, and communication with the Postal Service have been delegated.
§ 778.9   How does the Postal Service receive and respond to comments?
(a) The Postal Service follows the procedures in § 778.10 if:
(1) A state office or official is designated to act as a single point of contact between a state process and all federal agencies, and
(2) That office or official transmits a state process recommendation for a facility project action of a category selected under § 778.6.
(b)(1) The single point of contact is not obligated to transmit comments from state, areawide, regional or local officials and entities where there is no state process recommendation.
(2) If a state process recommendation is transmitted by a single point of contact, all comments from state, areawide, regional, and local officials and entities that differ from it must also be transmitted.
(c) If a state has not established a process, or does not submit a state process recommendation, state, areawide, regional and local officials and entities may submit comments directly to the Postal Service.
(d) If a facility project action is not selected for a state process, state, areawide, regional and local officials and entities may submit comments directly to the Postal Service. In addition, if a state process recommendation for a nonselected facility project action is transmitted to the Postal Service by the single point of contact, the Postal Service follows the procedures of § 778.10.
(e) The Postal Service considers comments which do not constitute a state process recommendation submitted under these regulations and for which the Postal Service is not required to apply the procedures of § 778.10 when such comments are provided by a single point of contact or directly to the Postal Service by a commenting party.
§ 778.10   How does the Postal Service make efforts to accommodate intergovernmental concerns?
(a) If a state process provides a state process recommendation to the Postal Service through its single point of contact, the Postal Service either:
(1) Accepts the recommendation;
(2) Reaches a mutually agreeable solution with the state process; or
(3) Provides the single point of contact with such written explanation of its decision as the Postal Service in its discretion deems appropriate. The Postal Service may also supplement the written explanation by providing the explanation to the single point of contact by telephone, other telecommunication, or other means.
(b) In any explanation under paragraph (a)(3) of this section, the Postal Service informs the single point of contact that:
(1) The Postal Service will not implement its decision for at least ten days after the single point of contact receives the explanation; or
(2) The Postal Service has reviewed the decision and determined that because of unusual circumstances, the waiting period of at least ten days is not feasible.
(c) For purposes of computing the waiting period under paragraph (b)(1) of this section, a single point of contact is presumed to have received written notification 5 days after the date of mailing of such notification.
§ 778.11   What are the Postal Service's obligations in interstate situations?
(a) The Postal Service is responsible for:
(1) Identifying proposed direct federal development projects that have an impact on interstate areas;
(2) Notifying appropriate officials and entities in states which have adopted a process and which select the Postal Service's facility project action for review;
(3) Making efforts to identify and notify the affected state, areawide, regional, and local officials and entities in those states that have not adopted a process under the Order or do not select the Postal Service's facility project action for review;
(4) Responding pursuant to § 778.10 if the Postal Service receives a recommendation from a designated areawide agency transmitted by a single point of contact in cases in which the review, coordination, and communication with the Postal Service have been delegated.
(b) The Postal Service uses the procedures in § 778.10 if a state process provides a state process recommendation to the Postal Service through a single point of contact.
§ 778.12   [Reserved]
§ 778.13   May the Postal Service waive any provision of these regulations?
In an emergency, the Postal Service may waive any provision of these regulations.