This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

17794 

Vol. 76, No. 62 

Thursday, March 31, 2011 

POSTAL SERVICE 

39 CFR Part 241 

Post Office Organization and 

Administration: Establishment, 

Classification, and Discontinuance 

AGENCY: Postal Service. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

amend postal regulations to improve the 

administration of the Post Office closing 

and consolidation process. In addition, 

certain procedures employed for the 

discontinuance of Post Offices would be 

applied to the discontinuance of other 

types of retail facilities operated by 

Postal Service employees. 

DATES: Comments must be received on 

or before May 2, 2011. 

ADDRESSES: Written comments should 

be mailed or delivered to the Manager, 

Customer Service Standardization, 

ATTN: Retail Discontinuance, 475 

L’Enfant Plaza SW., Room 6816, 

Washington, DC 20260–6816. Copies of 

all written comments will be available 

for inspection and photocopying 

between 9 a.m. and 4 p.m., Monday 

through Friday, in the Postal Service 

Library, at the above address. 

Arrangements should be made in 

advance for inspection by contacting 

(202) 268–2900. 

FOR FURTHER INFORMATION CONTACT: 

Annette Raney, (202) 268–4307. 

SUPPLEMENTARY INFORMATION: The Postal 

Reorganization Act of 1970 directs the 

Postal Service to establish and maintain 

postal facilities ‘‘of such character and 

in such locations that postal patrons 

throughout the nation will, consistent 

with reasonable economies of postal 

operations, have ready access to 

essential postal services.’’ 39 U.S.C. 

403(b)(3). The 1976 amendments to the 

Postal Reorganization Act (PRA), 

codified in former section 404(b) of title 

39 of the U.S. Code, require that the 

Postal Service provide adequate notice 

to customers of its intention to close or 

consolidate a Post OfficeTM. (The 

codified statute was re-designated as 39 

U.S.C. 404(d) under the Postal 

Accountability and Enhancement Act of 

2006 (PAEA), Public Law 109–435, 

section 1010(e), 120 Stat. 3261.) Notice 

must be given at least 60 days in 

advance to enable customers to present 

their views. Section 404(d) further 

requires that the Postal Service consider 

specific criteria in making 

determinations to close or consolidate a 

post office, including the effects on 

community and employees, the ability 

to provide a maximum degree of 

effective and regular postal services to 

the affected community, and economic 

savings. A determination to close or 

consolidate any Post Office may be 

appealed to the Postal Regulatory 

Commission (Commission) within 30 

days after such determination is made 

available to customers. The Commission 

has up to 120 days to issue a decision 

if an appeal is filed. Even if no appeal 

is filed, the Postal Service is prevented 

from taking action to close or 

consolidate a post office until 60 days 

have elapsed since its final 

determination has been made available 

to customers. 

As part of ongoing efforts to 

rationalize its retail network, the Postal 

Service has undertaken a review of its 

regulations in 39 CFR part 241 to 

determine how the administration of the 

closing process can be improved. The 

Postal Service has identified various 

amendments to section 241.3 that would 

further the Plan’s objective of improving 

the closing process. In addition, the 

Postal Service has determined, as a 

matter of policy, to apply the same 

discontinuance procedures to all retail 

facilities operated by Postal Service 

employees. These proposed measures 

are described below. 

I. Application of Post Office 

Discontinuance Procedures to Other 

Retail Facilities 

Section 404(d) of title 39, U.S. Code, 

applies only to the ‘‘closing or 

consolidation’’ of ‘‘post offices.’’ A Post 

Office is an organizational unit headed 

by a postmaster that provides retail and 

delivery services, and mail processing, 

to residents and businesses in the ZIP 

Code areas that comprise that office’s 

exclusive delivery service area. In using 

the term ‘‘Post Office’’ in its technical 

sense for well over a century, Congress 

has recognized the need for postal 

officials to establish facilities, including 

Post Offices, stations, and branches, and 

also to discontinue them. The authority 

of Congress ‘‘to establish post offices,’’ 

U.S. Const. art. I, section 8, cl. 7, has 

been consistently delegated to the 

Postmaster General since the 

establishment of the Nation’s postal 

system. See the discussion in Ware v. 

United States, 71 U.S. 617, 630–633 

(1866). 

Numerous other postal statutes, not 

directly concerned with the 

establishment of postal facilities, have 

also illustrated the distinction between 

a station or branch and a Post Office. 

For example, former 39 U.S.C. 3524– 

3530, which set compensation levels for 

postmasters and other management 

employees, clearly show the 

administrative distinction between a 

Post Office, supervised by a postmaster, 

and its subordinate stations and 

branches, generally under the direction 

of an officer in charge. Similarly, in 

extending the protection of criminal 

statutes to postal facilities and 

operations, Congress was careful to 

apply those statutes not only to Post 

Offices, but to their subordinate service 

units. See, e.g., 18 U.S.C. 1703, 1708, 

1709, 1712, 1721. 

Furthermore, Congress was well 

aware of the longstanding distinction 

between Post Offices and other types of 

postal facilities when it enacted 39 

U.S.C. 404(d). In proposing the 

legislation which provided the 

foundation for current section 404(d), 

Senator Jennings Randolph expressed 

his opposition to the ‘‘indiscriminate 

closing of our rural and small town post 

offices’’ as well as to the decision ‘‘to 

create branches out of many post offices 

close to large cities.’’ To curtail such 

actions, he offered legislation requiring 

the Postal Service to ‘‘substantiate any 

proposal to change or eliminate 

independent post offices.’’ See 122 

Cong. Rec. 6314 (March 11, 1976). In its 

analysis of the subsequently enacted 

‘‘Randolph Amendment,’’ the conference 

report on H.R. 8603 explicitly limited its 

application to Post Offices: ‘‘[T]he 

managers intend that this provision 

apply to post offices only and not to 

other postal facilities.’’ H.R. Rep. No. 

94–1444, 94th Cong., 2d Sess. 17 (1976). 

Thus, as a legal matter, former 39 U.S.C. 

404(b) and its modern analogue, 39 

U.S.C. 404(d), apply only to Post 

Offices. See Wilson v. United States 


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Postal Service, 441 F. Supp. 803, 806 

(C.D. Cal. 1977); Knapp v. United States 

Postal Service, 449 F. Supp. 158, 161– 

62 (E.D. Mich. 1978). 

As a matter of policy, the Postal 

Service recognizes that the functional 

differences among respective types of 

retail facilities staffed by postal 

employees may not be readily apparent 

to its retail customers. The Postal 

Service is mindful of comments that the 

Commission has provided to this effect 

in multiple contexts. Accordingly, many 

customers expect the same 

discontinuance procedures to apply for 

their local station as to the nearest 

independent Post Office. In the interest 

of transparency and responsiveness to 

customer needs, the Postal Service has 

concluded that it makes sense, as a 

policy matter, to propose the 

application of a single set of 

discontinuance procedures to postal 

employee-operated retail facilities. 

Although customers of contractoroperated retail facilities may also 

experience and expect comparable 

levels of service to those of postal 

employee-operated retail facilities, 

exigencies of contracting relationships 

make it generally impractical to 

harmonize their discontinuance 

procedures with the deliberative 

timeframe and procedures required for 

discontinuance of Postal Serviceoperated facilities. 

The Postal Service recognizes that its 

proposed rule represents a policy 

change that significantly enhances 

transparency for its customers. The 

proposed rule does not, however, 

change the text or legislative history of 

39 U.S.C. 404(d), which indicate 

Congress’s intent that the statute should 

apply only to independent Post Offices 

and not to subordinate retail facilities. 

By proposing the application of uniform 

procedures to all Postal Serviceoperated retail facilities, the Postal 

Service would exceed the procedural 

requirements of its operating statute in 

the interests of public transparency and 

participation. 

One consequence of this procedural 

harmonization is that the distinguishing 

factor would become the identity of the 

facility as operated by the Postal Service 

or a contractor, and not the 

administrative classification of affected 

facilities as Post Offices, stations, or 

branches. The conversion of an 

independent Post Office to a 

subordinate Postal Service-operated 

retail facility would no longer constitute 

a ‘‘consolidation’’ that triggers 

discontinuance proceedings, as it does 

today. The governing statute does not 

define ‘‘close’’ and ‘‘consolidate,’’ nor 

does it offer any guidance as to the 

distinction between the two terms. 

Postal Service facilities generally offer 

the same retail services to customers 

regardless of the facilities’ 

administrative designation. Moreover, 

by applying the same discontinuance 

procedures to all Postal Serviceoperated retail facilities, the proposed 

rule would erase the effect of 

administrative designations on 

applicable discontinuance procedures. 

Therefore, the Postal Service does not 

consider it reasonable to continue 

applying discontinuance procedures to 

facility re-designations that do not entail 

any practical effect for customers. These 

changes would also harmonize with 

changes regarding administrative 

oversight of particular offices. 

The proposed rule would not be 

retroactive. Therefore, until such time as 

any proposed changes are issued in a 

final rule and take effect, the proposed 

change in policy is not effective and 

would not affect the procedures 

currently in use for discontinuance of 

Postal Service retail facilities. 

II. Procedural Changes 

After an extensive review, the Postal 

Service is in the process of revising and 

updating its discontinuance procedures. 

This process significantly improves the 

internal timeframes, level of 

coordination, and approvals; it will 

maintain compliance with the statute 

and enhances public notice and 

involvement. The internal procedures 

for discontinuance actions are detailed 

in Handbook PO–101, Post Office 

Discontinuance Guide, which is 

undergoing revision. Certain changes 

are also required to 39 CFR 241.3 to 

reflect the new processes. For example, 

retail facility discontinuances may be 

prompted not only by local evaluations, 

but also by nationwide directives from 

the responsible Headquarters office. 

In addition, current regulations 

require at least a 90-day waiting period 

after posting of a final determination (if 

not appealed to the Commission) or 

after a Commission order upholding the 

final determination. The statute, 

however, only requires a 60-day period 

after posting of the final determination. 

Accordingly, the proposed rule would 

make the mandatory waiting period 

consistent with statutory requirements, 

although the Postal Service could, at its 

discretion, defer implementation. 

Finally, the proposed rule would give 

explicit guidance to District Managers as 

to the circumstances that may justify 

commencement of a discontinuance 

study. 

III. Analysis of Proposed Changes 

Section 241.1(a) and (b) would be 

updated to state the establishment 

requirements and classification system 

for Post Offices in accordance with 

Postal Operations Manual (POM) 

123.11. The change in the classification 

system does not entail any change in 

how respective retail facilities are rated 

by revenue units within accounting 

groups. Subsection 241.1(a) would also 

clarify that Post Offices may be managed 

by postmasters, as is commonly the 

case, or by other designated personnel. 

The designation of a retail facility as a 

Post Office, classified station, or 

classified branch would not depend on 

whether any responsible personnel is a 

postmaster. 

In keeping with the policy change 

concerning the scope of discontinuance 

procedures, the proposed rule would 

replace all references to ‘‘post office’’ in 

39 CFR 241.3 with ‘‘USPS-operated 

retail facility’’ (or a similar term). A new 

subparagraph (a)(1)(ii) would be added 

to define ‘‘USPS-operated retail facility’’ 

as any Post Office, station, or branch 

that is operated by Postal Service 

employees, rather than by contractor 

personnel. Subparagraph (a)(1)(ii) 

would also define ‘‘contractor-operated 

retail facility’’ as any community post 

office, station, branch, or other facility 

offering retail postal services that is 

operated by a contractor, rather than by 

Postal Service employees. 

Paragraph (a)(1) would be renumbered 

as subparagraph (a)(1)(i), and the scope 

of 39 CFR 241.3 would be defined in 

that subparagraph as applying to the 

closure or combination of any Postal 

Service-operated retail facility or 

facilities, or the replacement of such a 

facility with a contractor-operated retail 

facility. Corresponding changes would 

be made to paragraph (c)(2) with respect 

to the scope of a ‘‘consolidation’’ for 

purposes of 39 CFR 241.3. Subparagraph 

(a)(1)(iii) would be added to clarify that 

the reclassification of a Post Office as a 

Postal Service-operated station or 

branch, or the replacement of the former 

with the latter, is not a closing or 

consolidation subject to 39 CFR 241.3. 

Subparagraph (a)(1)(iii) would also 

clarify that discontinuance actions 

subject to 39 CFR 241.3 do not include 

staffing changes in the management of a 

post office such that it is staffed by a 

postmaster part-time or not at all and by 

another type of USPS employee during 

the remaining office hours. 

Because the discontinuance 

procedures in 39 CFR 241.3 would 

apply beyond the extent legally required 

by 39 U.S.C. 404(d), paragraph (a)(2) 

would be renamed simply 


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‘‘Requirements,’’ and the reference to 39 

U.S.C. 404(d) as the statutory source of 

such requirements would be deleted. 

Paragraph (a)(2), subparagraph 

(a)(3)(ii), and paragraph (c)(1) would be 

amended to allow for the possibility that 

discontinuance actions may result from 

initiatives or instructions by the 

responsible Vice President or from 

District Managers. Although many 

discontinuance actions will continue to 

be prompted by local personnel’s 

assessment of prevailing conditions, this 

change would reflect the fact that 

discontinuance actions could also flow 

from nationwide requirements for retail 

facilities established by relevant 

Headquarters offices. 

Subparagraph (a)(2)(iv) currently 

refers to the statutory right of persons 

served by an affected Post Office to 

appeal a discontinuance determination 

to the Commission. Although the Postal 

Service is proposing to extend the 

applicability of its post office 

discontinuance procedures to other 

types of Postal Service-operated retail 

facilities, the Postal Service does not 

have the power to alter the scope of the 

Commission’s statutory jurisdiction. 

Therefore, the Postal Service proposes 

to add a sentence to subparagraph 

(a)(2)(iv) to clarify that, in cases where 

customers of an affected Postal Serviceoperated retail facility other than a post 

office file an appeal with the 

Commission, the Postal Service’s Office 

of General Counsel will determine 

whether to raise jurisdictional defenses 

on a case-by-case basis, without waiving 

any objections as to the Commission’s 

general lack of jurisdiction over such 

attempted appeals. In addition, 

subparagraph (a)(2)(iv) would be 

amended to incorporate the ‘‘mailbox 

rule’’ for receipt of appeals by the 

Commission, in accordance with 

39 U.S.C. 404(d)(6). 

A new paragraph (a)(4) would be 

added to clarify the circumstances that 

may prompt a District Manager, Vice 

President, or a designee of either to 

initiate a discontinuance study. 

Permissible factors include postmaster 

vacancies, emergency suspensions, 

workload changes, drops in customer 

demand, availability of reasonable 

alternate access to postal services, and 

other special circumstances. Absent one 

or more such permissible 

circumstances, a deciding official of 

either may not initiate a discontinuance 

study because restroom facilities or 

building modifications for the 

handicapped are required, for reasons of 

compliance with the Occupational 

Health and Safety Act of 1970 (29 U.S.C. 

651 et seq.), or because the retail facility 

is a small Post Office operating at a 

deficit. 

The scope of paragraph (b)(4) would 

be extended to the replacement of any 

Postal Service-operated retail facility 

with another type of Postal Serviceoperated or contractor-operated retail 

facility. 

Paragraph (b)(5) would be deleted, 

because the Publication that lists 

discontinued Post Offices referenced in 

that paragraph is obsolete. 

Subparagraph (c)(4)(vii) would be 

reorganized to more accurately indicate 

the contents of the proposal notice. 

Clause (c)(4)(vii)(B) and subparagraph 

(f)(2)(ii) would be amended to require 

notice of appeal rights only for proposed 

discontinuances of post offices, in 

accordance with the scope of the 

Commission’s statutory jurisdiction, as 

described in the analysis of 

subparagraph (a)(2)(iv) above. 

Paragraph (d)(2) and the sample form 

included therein would be deleted. This 

form will be available to customers in 

accordance with these regulations. 

Current paragraphs (d)(3) and (4) would 

be renumbered (d)(2) and (3), 

respectively. 

Paragraph (d)(3) (re-designated as 

(d)(2)) would be amended to clarify that 

a community meeting should be held 

unless the responsible Vice President or 

Area Manager of Delivery Programs 

Support instructs otherwise. 

Subparagraph (d)(4)(v) (re-designated 

as (d)(3)(v)) would advise that certain 

personally identifiable information may 

be redacted from publicly accessible 

copies of the discontinuance record, in 

the interest of protecting personal 

privacy. 

Subsection (e)(2)(ii)(A) and (B) would 

be amended to reflect the fact that 

discontinuance records are typically 

transmitted electronically, as well as 

forwarded in paper form. Therefore, it is 

more appropriate for the District 

Manager to certify accuracy of the 

record being transmitted, rather than to 

attach a separate certification as to the 

accuracy of copies. 

Subparagraph (g)(1)(i) would be 

amended to remove the District 

Manager’s obligation to notify the 

responsible Vice President of the date of 

posting. 

The timeframe for implementation in 

the event that a final determination is 

not appealed, set forth in paragraph 

(g)(2), would be amended such that 

implementation can occur anytime after 

the statutorily required 60-day waiting 

period that commences the first day 

after posting of the final determination. 

Similarly, when the Commission 

upholds the Postal Service’s final 

determination under subparagraph 

(g)(4)(i), the proposed rule would allow 

implementation anytime after issuance 

of the Commission’s Order, so long as 

the 60-day waiting period after posting 

of the final determination is also 

satisfied. The current rule for both 

instances, that a discontinuance be 

effective on the first Saturday 90 days 

after the Commission’s order, is not 

required by statute. Although the Postal 

Service may continue to apply a longer 

time period in some cases, the proposed 

rule would allow the Postal Service to 

do otherwise within the statutory 

framework. 

Clause (g)(3)(ii)(B) would be amended 

to clarify that the Commission’s final 

order and opinion need only be 

displayed at the Postal Service-operated 

retail facility subject to discontinuance 

for 30 days or until the effective date of 

the discontinuance, whichever is 

earlier. 

The proposed rule would also make 

several minor changes to update terms. 

References to the former ‘‘Postal Rate 

Commission’’ would be replaced with 

‘‘Postal Regulatory Commission,’’ in 

accordance with the renaming of that 

entity under Section 604 of the PAEA, 

Public Law 109–435, 120 Stat. 3241– 

3242. References to Administrative 

Support Manual (ASM) 352.6 would be 

updated to refer to chapter 4 of 

Handbook AS–353, Guide to Privacy, 

the Freedom of Information Act, and 

Records Management, to which the 

ASM’s records request regulations have 

been transferred. References to former 

39 U.S.C. 404(b) would be updated to 

39 U.S.C. 404(d). Subparagraph (g)(3)(ii) 

would assign responsibility to the Postal 

Service’s Office of the General Counsel, 

rather than specifically to the former 

section for Legal Policy and Ratemaking 

Law. Finally, the position titles of 

District Manager, Customer Service and 

Sales, and Vice President, Delivery and 

Retail, throughout the section would be 

updated to District Manager and 

responsible Vice President, respectively. 

Although exempt from the notice and 

comment requirements of the 

Administrative Procedure Act (5 U.S.C. 

553(b), (c)) regarding proposed 

rulemaking by 39 U.S.C. 410(a), the 

Postal Service invites comments on the 

following proposed amendments to the 

Code of Federal Regulations. 

An appropriate amendment to 39 CFR 

part 241 to reflect these changes will be 

published if the proposal is adopted. 

List of Subjects in 39 CFR Part 241 

Organization and functions 

(government agencies), Postal Service. 

For the reasons set out in this 

document, the Postal Service proposes 

to amend 39 CFR part 241 as follows: 


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PART 241—RETAIL ORGANIZATION 

AND ADMINISTRATION: 

ESTABLISHMENT, CLASSIFICATION, 

AND DISCONTINUANCE 

1. The authority citation for 39 CFR 

part 241 is revised to read as follows: 

Authority: 39 U.S.C. 101, 401, 404, 410. 

2. Revise § 241.1 to read as follows: 

§ 241.1 Post offices. 

(a) Establishment. Post offices are 

established and maintained at locations 

deemed necessary to ensure that regular 

and effective postal services are 

available to all customers within 

specified geographic boundaries. A post 

office may be operated or managed by 

a postmaster or by another type of postal 

employee. 

(b) Classification. As of October 1 of 

each year, Post Offices are categorized 

through a cost ascertainment grouping 

(CAG) process based on allowable postal 

revenue units for the second proceeding 

fiscal year as follows: 

(1) CAG A–G. Post offices having 950 

or more revenue units. 

(2) CAG H–J. Post offices having 190 

but less than 950 revenue units. 

(3) CAG K. Post offices having 36 but 

less 190 revenue units. 

(4) CAG L. Post offices having less 

than 36 revenue units. 

3. Revise § 241.3 to read as follows: 

§ 241.3 Discontinuance of USPS-operated 

retail facilities. 

(a) Introduction—(1) Coverage. (i) 

This section establishes the rules 

governing the Postal Service’s 

consideration of whether an existing 

retail Post Office, station, or branch 

should be discontinued. The rules cover 

any proposal to: 

(A) Replace a USPS-operated post 

office, station, or branch with a 

contractor-operated retail facility; 

(B) Combine a USPS-operated post 

office, station, or branch with another 

USPS-operated retail facility, or 

(C) Discontinue a USPS-operated post 

office, station, or branch without 

providing a replacement facility. 

(ii) As used in this section, ‘‘USPSoperated retail facility’’ includes any 

Postal Service employee-operated post 

office, station, or branch, but does not 

include any station, branch, community 

post office, or other retail facility 

operated by a contractor. ‘‘Contractoroperated retail facility’’ includes any 

station, branch, community post office, 

or other facility, including a private 

business, offering retail postal services 

that is operated by a contractor, and 

does not include any USPS-operated 

retail facility. 

(iii) The conversion of a post office 

into, or the replacement of a post office 

with, another type of USPS-operated 

retail facility is not a discontinuance 

action subject to this section. A change 

in the management of a post office such 

that it is staffed only part-time by a 

postmaster, or not staffed at all by a 

postmaster, but rather by another type of 

USPS employee, is not a discontinuance 

action subject to this section. 

(2) Requirements. A District Manager 

or the responsible Vice President may 

initiate a study of a USPS-operated 

facility for possible discontinuance. Any 

decision to close or consolidate a USPSoperated retail facility may be effected 

only upon the consideration of certain 

factors. These include the effect on the 

community served; the effect on 

employees of the USPS-operated retail 

facility; compliance with government 

policy established by law that the Postal 

Service must provide a maximum 

degree of effective and regular postal 

services to rural areas, communities, 

and small towns where post offices are 

not self-sustaining; the economic 

savings to the Postal Service; and any 

other factors the Postal Service 

determines necessary. In addition, 

certain mandatory procedures apply as 

follows: 

(i) The public must be given 60 days’ 

notice of a proposed action to enable the 

persons served by a USPS-operated 

retail facility to evaluate the proposal 

and provide comments. 

(ii) After public comments are 

received and taken into account, any 

final determination to close or 

consolidate a USPS-operated retail 

facility must be made in writing and 

must include findings covering all the 

required considerations. 

(iii) The written determination must 

be made available to persons served by 

the USPS-operated retail facility at least 

60 days before the discontinuance takes 

effect. 

(iv) Within the first 30 days after the 

written determination is made available, 

any person regularly served by a Post 

Office subject to discontinuance may 

appeal the decision to the Postal 

Regulatory Commission. Where persons 

regularly served by another type of 

USPS-operated retail facility subject to 

discontinuance file an appeal with the 

Postal Regulatory Commission, the 

General Counsel reserves the right to 

assert defenses, including the 

Commission’s lack of jurisdiction over 

such appeals. For purposes of 

determining whether an appeal is filed 

within the 30-day period, receipt by the 

Commission is based on the postmark of 

the appeal, if sent through the mail, or 

on other appropriate documentation or 

indicia, if sent through another lawful 

delivery method. 

(v) The Commission may only affirm 

the Postal Service determination or 

return the matter for further 

consideration but may not modify the 

determination. 

(vi) The Commission is required to 

make any determination subject to 39 

U.S.C. 404(d)(5) no later than 120 days 

after receiving the appeal. 

(vii) The following table summarizes 

the notice and appeal periods defined 

by statute. 

BILLING CODE 7710–12–P 


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BILLING CODE 7710–12–C 

(3) Additional requirements. This 

section also includes: 

(i) Rules to ensure that the 

community’s identity as a postal 

address is preserved. 

(ii) Rules for consideration of a 

proposed discontinuance and for its 

implementation, if approved. These 

rules are designed to ensure that the 

reasons leading to discontinuance of a 

particular USPS-operated retail facility 

are fully articulated and disclosed at a 

stage that enables customer 

participation to make a helpful 

contribution toward the final decision. 

(4) Circumstances prompting decision 

to study —(i) Permissible circumstances. 

A District Manager, the responsible Vice 

President, or a designee of either may 

initiate a study of a USPS-operated 

retail facility’s potential discontinuance 

based upon circumstances including, 

but not limited to, the following: 

(A) A postmaster vacancy; 

(B) Emergency suspension of the 

USPS-operated retail facility due to 

cancellation of a lease or rental 

agreement when no suitable alternate 

quarters are available in the community, 

a fire or other natural disaster, severe 

health or safety hazards, challenge to 

the sanctity of the mail, or similar 

reasons; 

(C) Earned workload below the 

minimum established level for the 

lowest non-bargaining (EAS) employee 

grade; 

(D) Insufficient customer demand, 

evidenced by declining or low volume, 

revenue, revenue units, local business 

activity, or local population trends; 

(E) The availability of reasonable 

alternate access to postal services for the 

community served by the USPSoperated retail facility; or 


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(F) The incorporation of two 

communities into one or other special 

circumstances. 

(ii) Impermissible circumstances. In 

the absence of any circumstances 

identified in paragraph (a)(4)(i) of this 

section, the following do not constitute 

circumstances that justify initiation of a 

discontinuance study: 

(A) Any claim that the continued 

operation of a building without 

handicapped modifications is 

inconsistent with the Architectural 

Barriers Act (42 U.S.C. 4151 et seq.); 

(B) The absence of running water or 

restroom facilities; 

(C) Compliance with the Occupational 

Safety and Health Act of 1970 (29 U.S.C. 

651 et seq.); or 

(D) The operation of a small Post 

Office at a deficit. 

(b) Preservation of community 

address—(1) Policy. The Postal Service 

permits the use of a community’s 

separate address to the extent 

practicable. 

(2) ZIP Code assignment. The ZIP 

Code for each address formerly served 

from the discontinued USPS-operated 

retail facility should be kept, wherever 

practical. In some cases, the ZIP Code 

originally assigned to the discontinued 

USPS-operated retail facility may be 

changed if the responsible District 

Manager receives approval from his or 

her Vice President, Area Operations, 

before any proposal to discontinue the 

USPS-operated retail facility is posted. 

(i) In a consolidation, the ZIP Code for 

the replacement contractor-operated 

retail facility is the ZIP Code originally 

assigned to the discontinued facility. 

(ii) If the ZIP Code is changed and the 

parent or gaining USPS-operated retail 

facility covers several ZIP Codes, the 

ZIP Code must be that of the delivery 

area within which the facility is located. 

(3) USPS-operated retail facility’s city 

name in address. If all the delivery 

addresses using the city name of the 

USPS-operated retail facility being 

discontinued continue to use the same 

ZIP Code, customers may continue to 

use the discontinued facility’s city name 

in their addresses, instead of that of the 

new delivering USPS-operated retail 

facility. 

(4) Name of facility established by 

consolidation. If a USPS-operated retail 

facility is replaced by a contractoroperated facility, the replacement unit is 

usually given the same name of the 

facility that is replaced. 

(c) Initial proposal—(1) In general. If 

a District Manager believes that the 

discontinuance of a USPS-operated 

retail facility within his or her 

responsibility may be warranted, or if 

the responsible Vice President believes 

that the discontinuance of any USPSoperated retail facility may be 

warranted, the District Manager: 

(i) Must use the standards and 

procedures in § 241.3(c) and (d). 

(ii) Must investigate the situation. 

(iii) May propose the USPS-operated 

retail facility be discontinued. 

(2) Consolidation. The proposed 

action may include a consolidation of 

USPS-operated retail facilities. A 

consolidation arises when a USPSoperated retail facility is replaced with 

a contractor-operated retail facility. 

(3) Views of postmasters. Whether the 

discontinuance under consideration 

involves a consolidation or not, the 

District Manager must discuss the 

matter with the postmaster (or the 

officer in charge) of the USPS-operated 

retail facility considered for 

discontinuance, and with the 

postmaster of any other USPS-operated 

retail facility affected by the change. 

The District Manager should make sure 

that these officials submit written 

comments and suggestions as part of the 

record when the proposal is reviewed. 

(4) Preparation of written proposal. 

The District Manager, or a designee, 

must gather and preserve for the record 

all documentation used to assess the 

proposed change. If the District Manager 

thinks the proposed action is warranted, 

he or she, or a designee, must prepare 

a document titled ‘‘Proposal to (Close) 

(Consolidate) the (Facility Name).’’ This 

document must describe, analyze, and 

justify in sufficient detail to Postal 

Service management and affected 

customers the proposed service change. 

The written proposal must address each 

of the following matters in separate 

sections: 

(i) Responsiveness to community 

postal needs. It is the policy of the 

Government, as established by law, that 

the Postal Service will provide a 

maximum degree of effective and 

regular postal services to rural areas, 

communities, and small towns where 

post offices are not self-sustaining. The 

proposal should: 

(A) Contrast the services available 

before and after the proposed change; 

(B) Describe how the changes respond 

to the postal needs of the affected 

customers; and 

(C) Highlight particular aspects of 

customer service that might be less 

advantageous as well as more 

advantageous. 

(ii) Effect on community. The 

proposal must include an analysis of the 

effect the proposed discontinuance 

might have on the community served, 

and discuss the application of the 

requirements in § 241.3(b). 

(iii) Effect on employees. The written 

proposal must summarize the possible 

effects of the change on postmasters and 

other employees of the USPS-operated 

retail facility considered for 

discontinuance. 

(iv) Savings. The proposal must 

include an analysis of the economic 

savings to the Postal Service from the 

proposed action, including the cost or 

savings expected from each major factor 

contributing to the overall estimate. 

(v) Other factors. The proposal should 

include an analysis of other factors that 

the District Manager determines are 

necessary for a complete evaluation of 

the proposed change, whether favorable 

or unfavorable. 

(vi) Summary. The proposal must 

include a summary that explains why 

the proposed action is necessary, and 

assesses how the factors supporting the 

proposed change outweigh any negative 

factors. In taking competing 

considerations into account, the need to 

provide regular and effective service is 

paramount. 

(vii) Notice. The proposal must 

include the following notices: 

(A) Supporting materials. ‘‘Copies of 

all materials on which this proposal is 

based are available for public inspection 

at (Facility Name) during normal office 

hours.’’ 

(B) Nature of posting. ‘‘This is a 

proposal. It is not a final determination 

to (close) (consolidate) this facility.’’ 

(C) Posting of final determination. ‘‘If 

a final determination is made to close or 

consolidate this facility, after public 

comments on this proposal are received 

and taken into account, a notice of that 

final determination will be posted in 

this facility.’’ 

(D) Appeal rights. ‘‘The final 

determination will contain instructions 

on how affected customers may appeal 

a decision to close or consolidate a post 

office to the Postal Regulatory 

Commission. Any such appeal must be 

received by the Commission within 30 

days of the posting of the final 

determination.’’ The notice in this 

clause is provided when the USPSoperated retail facility under study is a 

post office. For purposes of this clause, 

the date of receipt by the Commission 

is based on the postmark of the appeal, 

if sent through the mail, or on other 

appropriate documentation or indicia, if 

sent through another lawful delivery 

method. 

(d) Notice, public comment, and 

record—(1) Posting proposal and 

comment notice. A copy of the written 

proposal and a signed invitation for 

comments must be posted prominently 

in the USPS-operated retail facility 

under study and in any other affected 


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17800 Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 

USPS-operated retail facility. The 

invitation for comments must: 

(i) Ask interested persons to provide 

written comments within 60 days, to a 

stated address, offering specific 

opinions and information, favorable or 

unfavorable, on the potential effect of 

the proposed change on postal services 

and the community. 

(ii) State that copies of the proposal 

with attached optional comment forms 

are available in the affected USPSoperated retail facilities. 

(iii) Provide a name and telephone 

number to call for information. 

(2) Other steps. In addition to 

providing notice and inviting comment, 

the District Manager must take any other 

steps necessary to ensure that the 

persons served by affected USPSoperated retail facilities understand the 

nature and implications of the proposed 

action. A community meeting should be 

held unless otherwise instructed by the 

responsible Vice President or the Area 

Manager of Delivery Programs Support. 

(i) If oral contacts develop views or 

information not previously documented, 

whether favorable or unfavorable to the 

proposal, the District Manager should 

encourage persons offering the views or 

information to provide written 

comments to preserve them for the 

record. 

(ii) As a factor in making his or her 

decision, the District Manager may not 

rely on communications received from 

anyone unless submitted in writing for 

the record. 

(3) Record. The District Manager must 

keep as part of the record for 

consideration and review all 

documentation gathered about the 

proposed change. 

(i) The record must include all 

information that the District Manager 

considered, and the decision must stand 

on the record. No written information or 

views submitted by customers may be 

excluded. 

(ii) The docket number assigned to the 

proposal must be the ZIP Code of the 

office proposed for closing or 

consolidation. 

(iii) The record must include a 

chronological index in which each 

document contained is identified and 

numbered as filed. 

(iv) As written communications are 

received in response to the public notice 

and invitation for comments, they are 

included in the record. 

(v) A complete copy of the record 

must be available for public inspection 

during normal office hours at the USPSoperated retail facility proposed for 

discontinuance or at the USPS-operated 

retail facility providing alternative 

service, if the office to be discontinued 

was temporarily suspended, beginning 

no later than the date on which notice 

is posted and extending through the 

comment period. When appropriate, 

certain personally identifiable 

information, such as individual names 

or residential addresses, may be 

redacted from the publicly accessible 

copy of the record. 

(vi) Copies of documents in the record 

(except the proposal and comment form) 

are provided on request and on payment 

of fees as noted in chapter 4 of 

Handbook AS–353, Guide to Privacy, 

the Freedom of Information Act, and 

Records Management. 

(e) Consideration of public comments 

and final local recommendation—(1) 

Analysis of comments. The District 

Manager or a designee must prepare an 

analysis of the public comments 

received for consideration and inclusion 

in the record. If possible, comments 

subsequently received should also be 

included in the analysis. The analysis 

should list and briefly describe each 

point favorable to the proposal and each 

point unfavorable to the proposal. The 

analysis should identify to the extent 

possible how many comments support 

each point listed. 

(2) Re-evaluation of proposal. After 

completing the analysis, the District 

Manager must review the proposal and 

re-evaluate all the tentative conclusions 

previously made in light of additional 

customer information and views in the 

record. 

(i) Discontinuance not warranted. If 

the District Manager decides against the 

proposed discontinuance, he or she 

must post, in the USPS-operated retail 

facility considered for discontinuance, a 

notice stating that the proposed closing 

or consolidation is not warranted. 

(ii) Discontinuance warranted. If the 

District Manager decides that the 

proposed discontinuance is justified, 

the appropriate sections of the proposal 

must be revised, taking into account the 

comments received from the public. 

After making necessary revisions, the 

District Manager must: 

(A) Transmit the revised proposal and 

the entire record to the responsible Vice 

President. 

(B) Certify that all documents in the 

record are originals or true and correct 

copies. 

(f) Postal Service decision.—(1) In 

general. The responsible Vice President 

or a designee must review the proposal 

of the District Manager and decide on 

the merits of the proposal. This review 

and the decision must be based on and 

supported by the record developed by 

the District Manager. The responsible 

Vice President can instruct the District 

Manager to provide more information to 

supplement the record. Each instruction 

and the response must be added to the 

record. The decision on the proposal of 

the District Manager, which must also 

be added to the record, may approve or 

disapprove the proposal, or return it for 

further action as set forth in this 

paragraph (f). 

(2) Approval. The responsible Vice 

President or a designee may approve the 

proposed discontinuance, with or 

without further revisions. If approved 

without further revision, the term ‘‘Final 

Determination’’ is substituted for 

‘‘Proposal’’ in the title. A copy of the 

Final Determination must be provided 

to the District Manager. The Final 

Determination constitutes the Postal 

Service determination for the purposes 

of 39 U.S.C. 404(d). 

(i) Supporting materials. The Final 

Determination must include the 

following notice: ‘‘Copies of all materials 

on which this Final Determination is 

based are available for public inspection 

at the (Facility Name) during normal 

office hours.’’ 

(ii) Appeal rights. If the USPSoperated retail facility subject to 

discontinuance is a post office, the Final 

Determination must include the 

following notice: ‘‘This Final 

Determination to (close) (consolidate) 

the (Facility Name) may be appealed by 

any person served by that office to the 

Postal Regulatory Commission. Any 

appeal must be received by the 

Commission within 30 days of the date 

this Final Determination was posted. If 

an appeal is filed, copies of appeal 

documents prepared by the Postal 

Regulatory Commission, or the parties 

to the appeal, must be made available 

for public inspection at the (Facility 

Name) during normal office hours.’’ 

(3) Disapproval. The responsible Vice 

President or a designee may disapprove 

the proposed discontinuance and return 

it and the record to the District Manager 

with written reasons for disapproval. 

The District Manager or a designee must 

post a notice in each affected USPSoperated retail facility that the proposed 

closing or consolidation has been 

determined to be unwarranted. 

(4) Return for further action. The 

responsible Vice President or a designee 

may return the proposal of the District 

Manager with written instructions to 

give additional consideration to matters 

in the record, or to obtain additional 

information. Such instructions must be 

placed in the record. 

(5) Public file. Copies of each Final 

Determination and each disapproval of 

a proposal by the responsible Vice 

President must be placed on file in the 

Postal Service Headquarters library. 


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Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 17801 

(g) Implementation of final 

determination—(1) Notice of final 

determination to discontinue USPSoperated retail facility. The District 

Manager must: 

(i) Provide notice of the Final 

Determination by posting a copy 

prominently in the USPS-operated retail 

facilities likely to be serving the affected 

customers. The date of posting must be 

noted on the first page of the posted 

copy as follows: ‘‘Date of posting.’’ 

(ii) Ensure that a copy of the 

completed record is available for public 

inspection during normal business 

hours at each USPS-operated retail 

facility where the Final Determination is 

posted for 30 days from the posting 

date. 

(iii) Provide copies of documents in 

the record on request and payment of 

fees as noted in chapter 4 of Handbook 

AS–353, Guide to Privacy, the Freedom 

of Information Act, and Records 

Management. 

(2) Implementation of determinations 

not appealed. If no appeal is filed, the 

official closing date of the office must be 

published in the Postal Bulletin and 

effective, at the earliest, 60 days after 

the first day that Final Determination 

was posted. A District Manager may 

request a different date for official 

discontinuance in the Retail Change 

Announcement document submitted to 

the responsible Vice President or a 

designee. However, the USPS-operated 

retail facility may not be discontinued 

sooner than 60 days after the first day 

of the posting of the notice required by 

paragraph (g)(1) of this section. 

(3) Actions during appeal—(i) 

Implementation of discontinuance. If an 

appeal is filed, only the responsible 

Vice President may direct a 

discontinuance before disposition of the 

appeal. However, the USPS-operated 

retail facility may not be permanently 

discontinued sooner than 60 days after 

the first day of the posting of the notice 

required by paragraph (g)(1) of this 

section. 

(ii) Display of appeal documents. The 

Office of General Counsel must provide 

the District Manager with copies of all 

pleadings, notices, orders, briefs, and 

opinions filed in the appeal proceeding. 

(A) The District Manager must ensure 

that copies of all these documents are 

prominently displayed and available for 

public inspection in the USPS-operated 

retail facility to be discontinued. If the 

operation of that USPS-operated retail 

facility has been suspended, the District 

Manager must ensure that copies are 

displayed in the USPS-operated retail 

facilities likely to be serving the affected 

customers. 

(B) All documents except the Postal 

Regulatory Commission’s final order 

and opinion must be displayed until the 

final order and opinion are issued. The 

final order and opinion must be 

displayed at the USPS-operated retail 

facility to be discontinued for 30 days 

or until the effective date of the 

discontinuance, whichever is earlier. 

The final order and opinion must be 

displayed for 30 days in the USPSoperated retail facilities likely to be 

serving the affected customers. 

(4) Actions following appeal 

decision—(i) Determination affirmed. If 

the Commission dismisses the appeal or 

affirms the Postal Service’s 

determination, the official closing date 

of the office must be published in the 

Postal Bulletin, effective anytime after 

the Commission renders its opinion, if 

not previously implemented under 

§ 241.3(g)(3)(i). However, the USPSoperated retail facility may not be 

discontinued sooner than 60 days after 

the first day of the posting of the notice 

required under § 241.3(g)(1). 

(ii) Determination returned for further 

consideration. If the Commission 

returns the matter for further 

consideration, the responsible Vice 

President must direct that either: 

(A) Notice be provided under 

paragraph (f)(3) of this section that the 

proposed discontinuance is determined 

not to be warranted or 

(B) The matter be returned to an 

appropriate stage under this section for 

further consideration following such 

instructions as the responsible Vice 

President may provide. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2011–7555 Filed 3–28–11; 4:15 pm] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2010–1058, FRL–9288–5] 

Approval and Promulgation of 

Implementation Plans; New York 

Reasonable Further Progress Plans, 

Emissions Inventories, Contingency 

Measures and Motor Vehicle 

Emissions Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing action on 

portions of a proposed State 

Implementation Plan revision submitted 

by New York that are intended to meet 

several Clean Air Act requirements for 

attaining the 0.08 part per million 8- 

hour ozone national ambient air quality 

standards. EPA is proposing to approve: 

the 2002 base year emission inventory 

and the projection year emissions, the 

motor vehicle emissions budgets used 

for planning purposes, the reasonable 

further progress plan, and the 

contingency measures as they relate to 

the New York portion of the New YorkNorthern New Jersey-Long Island, NY– 

NJ–CT and the Poughkeepsie 8-hour 

ozone moderate nonattainment areas. 

DATES: Comments must be received on 

or before May 2, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket Number EPA–R02– 

OAR–2010–1058, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Werner.Raymond@epa.gov. 

• Fax: 212–637–3901. 

• Mail: Raymond Werner, Chief, Air 

Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Raymond Werner, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding Federal holidays. 

Instructions: Direct your comments to 

Docket No. EPA–R02–OAR–2010–1058. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 


sroberts on DSK3CLS3C1PROD with PROPOSALS