9190 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations 

List of Subjects in 5 CFR Part 2429 

Administrative practice and 

procedure, Government employees, 

Labor management relations. 

For the reasons stated in the 

preamble, the FLRA amends 5 CFR part 

2429, as follows: 

PART 2429—[AMENDED] 

■ 1. The authority citation for part 2429 

continues to read as follows: 

Authority: 5 U.S.C. 7134; § 2429.18 also 

issued under 28 U.S.C. 2112(a). 

■ 2. Section 2429.24 is amended by 

revising paragraph (d) and adding 

paragraph (f)(15) to read as follows: 

§ 2429.24 Place and method of filing; 

acknowledgement. 

* * * * * 

(d) Unless electronically filed 

pursuant to paragraph (f)(15) of this 

section, a document filed with the 

Office of Administrative Law Judges 

pursuant to this subchapter shall be 

submitted to the address for the Chief 

Administrative Law Judge, as set forth 

in the appendix. 

(f) * * * 

(15) Documents submitted to the 

Office of Administrative Law Judges 

under 5 CFR part 2423, including 

answers to complaints, motions, briefs, 

pre-hearing disclosures, stipulations, 

and any other documents as permitted 

by the eFiling system for the Office of 

Administrative Law Judges. 

* * * * * 

Dated: February 12, 2015. 

Carol Waller Pope, 

Chairman. 

[FR Doc. 2015–03315 Filed 2–19–15; 8:45 am] 

BILLING CODE 6727–01–P 

POSTAL SERVICE 

39 CFR Part 241 

Relocating Retail Services; Adding 

New Retail Service Facilities 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: This final rule revises the 

Postal Service’s current procedures 

concerning the expansion, relocation, 

and construction of Post OfficesTM to 

clarify these procedures, and to require 

the Postal Service to provide more 

information to communities and elected 

officials about certain types of projects 

earlier in the planning phase. Under the 

final rule, the Postal Service will notify 

communities and officials, and solicit 

and consider their input, regarding 

proposals to relocate retail services or 

add a new retail service facility. The 

final rule also will require the Postal 

Service to provide information about the 

anticipated new location for relocated 

services or for a new retail service 

facility when the Postal Service first 

gives notice of the proposal. 

DATES: Effective date: March 23, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Richard Hancock, Real Estate Specialist, 

U.S. Postal Service®, at 

Richard.A.Hancock2@usps.gov or 919– 

420–5284. 

SUPPLEMENTARY INFORMATION: On 

October 27, 2014, the Postal Service 

published a proposed rule (79 FR 

63880) to revise the Postal Service’s 

procedures concerning the expansion, 

relocation, and construction of Post 

Offices to clarify those procedures, and 

to require the Postal Service to provide 

more information to communities and 

elected officials about certain types of 

projects earlier in the planning phase. 

The proposed rule would require the 

Postal Service to notify communities 

and officials, and solicit and consider 

their input, regarding proposals to 

relocate retail services or add a new 

retail service facility. As a significant 

change from the current rule, the 

proposed rule would require the Postal 

Service to provide information about the 

anticipated new location for relocated 

services or for a new retail service 

facility when the Postal Service first 

gives notice of the proposal. The Postal 

Service established a 30-day comment 

period and invited comments on the 

proposed rule. The Postal Service 

received five responses. 

Comments and Response 

Below is a summary of the comments, 

in order of the specific sections of the 

proposed rule to which they relate. 

General Comments; 241.4(a) 

One respondent asserted that there is 

no substantive reason for changing the 

current rule and that the Postal Service 

should retain the current rule. The 

respondent suggested that defining 

‘‘customer service facility’’ is 

unnecessary. 

We disagree with the comment. The 

Postal Service Office of Inspector 

General (OIG) specifically 

recommended that the Postal Service 

revise its regulations to enhance 

transparency and public input. Based on 

past experience, we agreed with the 

OIG’s recommendation. The current rule 

does not define ‘‘customer service 

facility’’ and as the Postal Service 

evolves to adapt to a fast changing 

marketplace, providing definitions in 

the new rule will clarify when the new 

rule applies. 

Another respondent commented that 

the new rule should define ‘‘relocation’’ 

and the definition should state a 

maximum permitted distance for 

relocating retail services. 

We expect readers of the new rule 

will understand ‘‘relocation’’ to have its 

ordinary dictionary meaning. We also 

disagree that the new rule should 

include an arbitrary distance limitation 

because such a limitation could prevent 

appropriately accounting for important 

factors, such as the setting (urban, 

suburban, or rural), site conditions 

(public transit availability, location on a 

one-way street, etc.) and the proximity 

of other Postal Service retail locations. 

Temporary, Emergency, and Provisional 

Relocations; 241.4(a)(2) 

One respondent suggested that some 

causes of relocation added to the 

‘‘emergency’’ category in the proposed 

rule are inconsistent with a definition of 

‘‘emergency’’ as a sudden event 

requiring immediate action. The 

respondent also expressed concern that 

expanding the ‘‘emergency’’ category 

increases the universe of relocations 

that can occur without community 

input because the new rule, as 

proposed, provided for the Postal 

Service to determine when it is prudent 

to obtain community input on the longterm location after an emergency 

relocation. The respondent questioned 

adding examples of relocations arising 

from safety concerns without limiting 

those concerns to some specified level 

of seriousness, and the respondent 

urged retaining a 180-day limit for both 

temporary and emergency relocations. 

We appreciate the concerns raised in 

these comments. The current rule lists 

‘‘lease termination’’ as an example of an 

event that may require an emergency 

relocation, but the current rule is silent 

on lease expirations. Nor does the 

current rule recognize that some lessors 

reserve a right during the lease term to 

require the Postal Service to move to a 

different location, e.g., a substitute 

space in the lessor’s project. However, 

the Postal Service believes it is prudent 

to provide in the final rule for soliciting 

and considering community input 

regarding relocations arising from such 

events. While these events may not be 

completely unexpected like other events 

listed as ‘‘emergencies’’, their timing is 

not always predictable. The Postal 

Service may not know when a lessor 

will exercise its right to terminate a 

lease or its right to require the Postal 

Service to move to different premises. 

Similarly, a lease may expire 

unexpectedly when the Postal Service 


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had believed it would be renewed. 

Accordingly, the final rule retains the 

‘‘temporary’’ and ‘‘emergency’’ 

categories, but adds a third category, 

‘‘provisional relocations,’’ to include 

relocations made necessary by lease 

terminations, expirations and lessorrequired moves to substitute locations, 

when the Postal Service has not 

undertaken the community input 

process prior to the relocation. 

However, the final rule requires the 

Postal Service to undertake the 

community input process within 180 

days following a provisional relocation. 

We disagree with the portion of the 

comment concerning relocations arising 

from safety concerns. Because a 

relocation is a significant project, the 

Postal Service would not undertake a 

relocation without good cause. We place 

great importance on the security of the 

mail and the safety of our customers and 

personnel. We see no reason to identify 

arbitrarily a threshold level of risk to 

persons or the mail. 

With regard to applying a 180-day 

limitation on the duration of a 

relocation, such a limitation is 

appropriate for temporary relocations as 

described in the rule because temporary 

relocations can be expected to require 

less than 180 days to fulfill their 

purposes. In contrast, a 180-day 

limitation would be arbitrary and 

imprudent for emergency relocations 

because the required duration of 

emergency relocations is not 

predictable, and the actual required 

duration may depend on the severity of 

the event, such as an earthquake. With 

regard to provisional relocations, the 

final rule adds a requirement to 

undertake the community input process 

within 180 days, which allows time for 

the Postal Service to tentatively identify 

potential permanent relocation sites, but 

assures that provisional relocations will 

not become permanent without 

undertaking the community input 

process. 

Engaging Local Officials; 241.4(c)(1) 

One respondent urged the Postal 

Service to revise the new rule to require 

personal visits to local officials to 

discuss proposed projects. 

The new rule requires the Postal 

Service to provide local elected officials 

with a written outline of the Postal 

Service’s proposed project and to offer 

to discuss the project with the officials. 

In the Postal Service’s experience, not 

all local officials welcome a personal 

visit, and a personal visit is not always 

the best use of scarce resources. 

Therefore, the new rule permits the 

Postal Service the flexibility to 

personally visit officials or to discuss 

the same information through other 

forms of communication. 

Notifying the Community; 241.4(c)(2) 

Another comment expressed concern 

that without a requirement for the Postal 

Service to notify lessors when the Postal 

Service proposes to relocate out of a 

leased facility, the new rule could 

deprive some lessors of an opportunity 

for comment on the proposed 

relocation. 

Under the proposed rule, lessors who 

reside in the community would receive 

the same notice as the rest of the 

community, making a separate notice 

unnecessary. However, the comment 

raises concern for lessors that are 

located outside the community and 

lease a facility to the Postal Service in 

the community. Those lessors may be 

unaware of a notice and, therefore, miss 

an opportunity to comment. The Postal 

Service values its business relations as 

well as its community relations, so the 

final rule incorporates a requirement to 

notify lessors, except when the lessor 

itself has terminated or declined to 

renew a Postal Service lease and 

therefore is presumed to anticipate a 

relocation. 

One comment pertained to notifying 

customers in ‘‘exceptional 

circumstances,’’ e.g., a sparsely 

populated area without a convenient 

forum for a public meeting. The 

proposed rule would have included an 

option for posting notice in the affected 

retail service facility in lieu of the 

current rule’s requirement to distribute 

notification cards to customers. The 

comment expressed concern that some 

customers could miss the notice. 

While the proposed rule incorporated 

flexibility for notifications in these 

exceptional circumstances, we agree 

that in sparsely populated areas some 

customers may visit the affected retail 

service facility only infrequently and 

miss the notice. Therefore, the final rule 

requires the Postal Service to mail 

notice to customers in such exceptional 

circumstances. 

Presentations to Community; 241.4(c)(3) 

One respondent agreed that the public 

will benefit from the new rule’s 

requirement for the Postal Service to 

include the proposed relocation site in 

the information provided to a 

community about a proposed relocation, 

but then asserted that the new rule is a 

step backwards for community input 

because it requires the Postal Service to 

advance the planning process to site 

selection before presenting the 

relocation proposal to the community. 

This respondent also objected to 

permitting the Postal Service to identify 

a relocation ‘‘area’’ and asserted that the 

new rule will not change current Postal 

Service practice. 

We disagree with these comments. 

Some communities and elected officials, 

as well as the Office of Inspector 

General, strongly suggested that 

communities could not effectively 

provide input on a proposed relocation 

decision without an understanding of 

the proposed new location for the retail 

services. To address that concern, the 

new rule requires the Postal Service to 

identify and discuss the proposed new 

site(s) or area, or both, for the relocated 

retail services as part of the discussion 

of the relocation proposal, which is a 

significant change from current practice. 

Necessarily then, under the new rule the 

Postal Service must tentatively identify 

a relocation site or area, or both, before 

presenting the proposal to the 

community. However, the requirement 

to identify a potential site and then 

obtain community input before 

committing to that site can create a 

conundrum for the Postal Service in 

some markets. For example, in some 

markets, identifying only one proposed 

site during the community input 

process could undercut the Postal 

Service’s bargaining position with that 

site’s landlord, which could force the 

Postal Service to agree to an unfairly 

high rent. As another example, in 

markets where landlords are rapidly 

leasing the available spaces that are 

suitable for a retail postal facility, a 

tentatively identified site may no longer 

be available for lease at the conclusion 

of the community input process. 

Accordingly, for proposed relocations 

and for additions of retail service 

facilities, the new rule permits the 

Postal Service to identify more than one 

site and/or area, which allows the Postal 

Service to mitigate those identification 

risks, while also giving the community 

an opportunity to voice its preference 

among the proposed sites or areas. The 

Postal Service then would consider that 

community input before selecting a 

specific location. 

Considering Comments and Appeals; 

241.4(c)(4) 

One comment advocated extending 

the public comment period, noting that 

15 days is not enough time for a public 

comment period. 

We agree that the current rule’s 15- 

day comment period following the 

public meeting is too brief. Therefore, 

the new rule provides a 30-day period 

following the public meeting for the 

community and their elected officials to 

appeal the Postal Service’s tentative 

decision proposing to relocate retail 


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services or add a retail service facility 

and to comment on the proposal. 

One respondent objected that the new 

rule calls for comments on whether the 

Postal Service proposal is the optimal 

solution for the ‘‘identified need,’’ 

asserting that phrase likely means the 

Postal Service’s needs, not the ‘‘global 

needs’’ of the community or the need for 

service furthering the ‘‘broader public or 

common good.’’ 

As set forth by Congress in 39 U.S.C. 

101, 403 and 404(b), the Postal Service’s 

mission is to provide, on a selfsufficient basis without tax support, 

universal postal services efficiently and 

economically. The new rule will help 

focus comments, and the Postal 

Service’s consideration of the 

comments, on the matters that are 

relevant to the Postal Service’s mission. 

Two comments sought a more 

elaborate appeal process, with one 

suggesting the Postal Service create 

public project files to serve as the basis 

for appeals and a second respondent 

arguing that the new rule should require 

a review of the public’s comments and 

appeals by someone who had no prior 

involvement in the project and who is 

insulated from career repercussions. 

The purpose of the new rule is to 

incorporate consideration of community 

input into Postal Service decisions to 

relocate retail services or add a retail 

service facility, not to create an 

adversarial process pitting community 

input against Postal Service objectives. 

The final rule requires the Postal 

Service to present project information to 

the community, its local elected 

officials, and when applicable, a lessor, 

and solicit and consider their input. 

Such input presumably will reflect the 

concerns important to those parties, but 

it cannot be expected to reflect the 

operational and business factors the 

Postal Service must also take into 

account. Ultimately, it is the Postal 

Service that is responsible for fulfilling 

its statutory obligations to provide 

efficient and economical universal 

postal services. The final rule provides 

for the Postal Service to make an 

informed decision by requiring 

consideration of community input. 

Another comment argued that the 

new rule should give priority to 

remaining at the same site or at least in 

the downtown area. 

An arbitrary requirement to give 

priority to remaining at the same site 

could thwart a project that would more 

efficiently and economically provide 

services to the community. The new 

rule, like the current rule, focuses on 

retail services in the community, not at 

a particular site, in furtherance of the 

Postal Service’s statutory obligation to 

provide universal service efficiently and 

economically. 

Effect on Other Obligations and Policies; 

241.4(d) 

One respondent urged the Postal 

Service to revise the new rule to mirror 

the procedures under 39 U.S.C. 404(d) 

that apply to a Postal Service decision 

to close or consolidate a Post Office. 

Specifically, the respondent argued for 

adopting those same requirements for 

notifying communities, for separate 

public meetings, and for public 

comment periods. Another respondent 

suggested that the new definition, 

‘‘retail service facility,’’ does not 

comport with 39 U.S.C. 404(d). Another 

comment suggested the ‘‘retail service 

facility’’ definition should expressly 

exclude consolidations of postal 

facilities. 

This final rule pertains only to 

relocations of retail services and 

additions of retail service facilities. It is 

separate from the rules that apply to 

discontinuances of Post Offices, which 

can have a significantly greater effect on 

a community. Accordingly, this final 

rule, including its definitions, does not 

adopt the requirements for 

discontinuances under 39 U.S.C. 404(d). 

The new rule requires posting notice 

in the affected postal facility and issuing 

a news release outlining the proposal to 

one or more news media serving the 

community. In the case of a relocation, 

posting notice in the affected postal 

facility should be sufficient in most 

instances to alert the customers who 

visit the postal facility, and they are the 

customers who likely would be most 

affected by the relocation. In contrast, 

customers who use the USPS® Web site 

may be unaffected by a relocation 

because the Web site offers all the retail 

postal services they would purchase at 

a physical retail location. 

The new rule permits the Postal 

Service to present the proposal either as 

part of the agenda of a scheduled 

community meeting, or at a separate 

meeting scheduled by the Postal 

Service. Such flexibility is appropriate 

to allow the Postal Service to 

accommodate local officials’ preference. 

Although in our experience 

presentations at regular community 

meetings often are well attended, to 

further ensure community members are 

aware of the presentation and have an 

opportunity for input, the new rule 

bolsters notice and comment period 

requirements. Where the current rule 

requires 7 days’ advance notice of the 

meeting, the new rule increases the 

requirement to 15 days’ advance notice, 

to be published in local news media and 

posted in the affected facility. Where the 

current rule requires a 15-day public 

comment period following the public 

meeting, the new rule requires a 30-day 

public comments and appeals period. 

Three respondents contended that the 

new rule should expressly adopt a 

position that the National Historic 

Preservation Act requires the Postal 

Service to engage in the Section 106 

consultation process at the time the 

Postal Service considers relocation. 

The Postal Service highly values its 

historic properties and follows the 

requirements of Sections 106, 110, and 

111 of the National Historic 

Preservation Act and its implementing 

regulations. As the new rule states, 

those requirements are independent of 

the requirements set forth in the rule for 

community input regarding relocations 

and adding retail service facilities. 

Because the National Historic 

Preservation Act and its implementing 

regulations sufficiently express their 

requirements, there is no need to restate 

those requirements in the final rule. 

Summary 

To continue operating on a selffunding basis without tax dollars and to 

fulfill its statutory obligations, the 

Postal Service must make efficient and 

economical use of its postal facilities. 

As a result, the Postal Service will have 

an ongoing need to relocate retail 

services and to add retail service 

facilities to account for factors such as 

population shifts and growth, and a 

dynamic marketplace with changing 

customer needs and evolving 

technologies and retail servicing 

options. Accordingly, the Postal Service 

is publishing this final rule to clarify the 

rule’s application and procedures for 

relocating retail services and adding 

retail service facilities. At the same 

time, this final rule also responds to 

concerns that communities and their 

elected officials should have 

information about the proposed new 

location for relocated retail postal 

services in order to comment effectively 

on a proposal to relocate those services. 

This final rule provides for additional 

transparency, clarity, and opportunity 

for soliciting and considering public 

input as the Postal Service pursues its 

mission to efficiently and economically 

provide universal postal services to the 

nation. 

List of Subjects in 39 CFR Part 241 

Organization and functions 

(Government agencies), Retail service 

facilities. 

Accordingly, the Postal Service 

amends 39 CFR part 241 as set forth 

below. 


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Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations 9193 

PART 241—ESTABLISHMENT 

CLASSIFICATION, AND 

DISCONTINUANCE 

■ 1. The authority citation for Part 241 

continues to read as follows: 

Authority: 39 U.S.C. 101, 401, 403, 404, 

410, 1001. 

■ 2. Revise § 241.4 to read as follows: 

§ 241.4 Relocating retail services; adding 

new retail service facilities. 

(a) Application. (1) Except as 

otherwise provided, this section applies 

when the Postal Service makes a 

tentative decision to relocate all retail 

services from a retail service facility to 

a separate existing physical building, or 

to add a new retail service facility for a 

community. As used in this section, 

‘‘retail services’’ means the single-piece 

mail services offered to individual 

members of the public on a walk-in 

basis at a retail service facility, and a 

‘‘retail service facility’’ is a physical 

building where Postal Service 

employees provide such retail services. 

(2) The rules of this paragraph (a)(2) 

apply to temporary additions of retail 

service facilities, temporary or 

emergency relocations of retail services, 

and to provisional relocations of retail 

services. 

(i) The Postal Service may implement 

temporary additions or relocations 

without undertaking the process in 

paragraph (c) of this section when 

necessary to support Postal Service 

business for holidays, special events, or 

overflow business. Temporary additions 

and relocations normally will be limited 

to 180 days in duration. Any additional 

incremental time periods of up to 180 

days each must be approved by the vice 

president, Facilities or his designee. 

(ii) The Postal Service may implement 

emergency relocations without first 

undertaking the process in paragraph (c) 

of this section when the Postal Service 

determines relocation is required to 

protect Postal Service business due to 

events such as earthquakes, floods, fire, 

potential or actual OSHA violations, 

safety factors, environmental causes, 

other business disrupting events, or as 

necessary to protect employees, 

customers, or the security of the mail. 

Following an emergency relocation, as 

soon as the Postal Service determines it 

is feasible to identify the long-term 

location for the retail services, the Postal 

Service will make a tentative decision to 

remain in the emergency relocation site 

on a long-term basis, to return to the 

original retail service facility (if 

feasible), or to relocate to another site. 

Unless the decision is to return to the 

original retail service facility, the Postal 

Service then will follow the process in 

paragraph (c) of this section with 

respect to collecting and considering 

community input on a proposal to 

implement that decision. 

(iii) The Postal Service may 

implement provisional relocations in 

connection with lease terminations or 

expirations, or in connection with a 

lessor exercising a right to require the 

Postal Service to move to alternate 

premises, when the Postal Service has 

not already undertaken the process in 

paragraph (c) of this section for such 

relocations. Not later than 180 days 

following a provisional relocation, the 

Postal Service will make a tentative 

decision to remain in the provisional 

relocation site on a long-term basis or to 

relocate to another site. After that 

decision, the Postal Service will follow 

the process in paragraph (c) of this 

section with respect to collecting and 

considering community input on a 

proposal to implement that decision. 

(3) This section applies to tentative 

decisions described in paragraphs (a)(1) 

and (a)(2) made on or after March 23, 

2015. The rules under § 241.4 in effect 

prior to that date shall apply to projects 

described in paragraph (a) of this 

section undertaken prior to that date. 

(b) Purpose. The purpose of this 

section is to provide opportunities for 

community members and their elected 

local officials to appeal Postal Service 

tentative decisions described in 

paragraphs (a)(1) and (a)(2) of this 

section and to give input on proposals 

for implementing those decisions (each 

a ‘‘proposal’’), and to require the Postal 

Service to consider any appeals and 

input in arriving at final decisions to 

proceed with, modify, or cancel 

proposals. 

(c) Collecting and considering 

community input. When the Postal 

Service makes a tentative decision 

described in paragraphs (a)(1) and (a)(2) 

of this section, a Postal Service 

representative will take the following 

steps: 

(1) Identify the community and 

engage local elected officials. The Postal 

Service representative will identify the 

community the Postal Service 

anticipates would be affected by 

implementing the proposal, taking into 

account such factors as the Postal 

Service determines are appropriate for 

the proposal. The Postal Service 

representative then will deliver to one 

or more local elected public officials a 

written outline of the proposal and offer 

to discuss the proposal with them. The 

Postal Service representative may elect 

to conduct that discussion either in 

person or using any other appropriate 

communication tool, including 

electronic communications. If the 

officials accept the offer, then the Postal 

Service representative will identify the 

need and outline the proposal that is 

under consideration to meet it, explain 

the process by which the Postal Service 

will solicit and consider input from the 

affected community, and solicit input 

from the local officials regarding the 

proposal. 

(2) Notify the community and arrange 

for public presentation. The Postal 

Service will send an initial news release 

outlining the proposal to one or more 

news media serving the community and, 

if the community has a retail service 

facility, then the Postal Service also will 

post a copy of the information given to 

local officials or the news release in the 

public lobby of that retail service 

facility. If the proposal concerns 

relocating retail services from a leased 

facility, then, using the most current 

notice address information in the Postal 

Service’s file for the site, the Postal 

Service will deliver to the lessor a copy 

of the information given to local 

officials, provided, however, that no 

such notice will be required when the 

lessor has terminated the Postal 

Service’s lease or has declined to renew 

the Postal Service lease on terms 

acceptable to the Postal Service. 

Additionally, the Postal Service 

representative will ask the local officials 

to place a Postal Service presentation of 

the proposal on the regular agenda of 

the next scheduled public meeting, or 

will schedule a separate Postal Service 

public meeting concerning the proposal. 

At least 15 days prior to the meeting, the 

Postal Service will advertise the date, 

time, and location of the public meeting 

in a local news medium and, if the 

community has an existing retail service 

facility, then the Postal Service also will 

post in the public lobby of that retail 

service facility a notice of the date, time, 

and location of the public meeting. 

(3) Present the proposal to the 

community. At the public meeting, the 

Postal Service will identify the need, 

e.g., to replace an expiring lease or to 

serve a new population center; identify 

the tentative decision, e.g., to relocate 

retail services or add a retail service 

facility; outline the proposal to meet the 

need; invite questions; solicit written 

input on the proposal; and provide an 

address to which the community and 

local officials may send written appeals 

of the tentative decision and comments 

on the proposal for a period of 30 days 

following the public meeting. Under 

exceptional circumstances that would 

prevent a Postal Service representative 

from attending or conducting a public 

meeting to present the proposal within 

a reasonable time, the Postal Service, in 


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9194 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations 

lieu of a public meeting, will mail 

written notification of the tentative 

decision and the proposal to customers 

within the community and post a notice 

of the proposal in the retail service 

facility that would be affected by the 

proposal, seeking their written input on 

the proposal and providing an address 

to which the community and local 

officials may send written appeals of the 

tentative decision and comments on the 

proposal during the 30 days following 

that notification. An example of 

exceptional circumstances would be a 

proposal that would be implemented in 

a sparsely populated area remote from 

the seat of local government or any 

forum where the public meeting 

reasonably could be held. 

(i)(A) If the proposal concerns 

relocation, then the Postal Service will: 

(1) Discuss the reasons for relocating; 

(2) Identify the site or area, or both, 

to which the Postal Service anticipates 

relocating the retail services; and 

(3) Describe the anticipated size of the 

retail service facility for the relocated 

retail services, and the anticipated 

services to be offered at that site or in 

that area. 

(B) The Postal Service may identify 

more than one potential relocation site 

and/or area, for example, when the 

Postal Service has not selected among 

competing sites. 

(ii)(A) If the proposal concerns adding 

a new retail service facility for a 

community, then the Postal Service 

will: 

(1) Discuss the reasons for the 

addition; 

(2) Identify the site or area, or both, 

to which the Postal Service anticipates 

adding the retail service facility; 

(3) Describe the anticipated size of the 

added retail service facility, and the 

anticipated services to be offered; and 

(4) Outline any anticipated 

construction (e.g., of a stand-alone 

building or interior improvements to an 

existing building (or portion thereof) 

that will be leased by the Postal 

Service). 

(B) The Postal Service may identify 

more than one potential site and/or area, 

for example, when the Postal Service 

has not selected yet among competing 

sites. 

(4) Consider comments and appeals. 

After the 30-day comment and appeal 

period, the Postal Service will consider 

the comments and appeals received that 

identify reasons why the Postal 

Service’s tentative decision and 

proposal (e.g., to relocate to the selected 

site, or to add a new retail service 

facility) is, or is not, the optimal 

solution for the identified need. 

Following that consideration, the Postal 

Service will make a final decision to 

proceed with, modify, or cancel the 

proposal. The Postal Service then will 

inform local officials in writing of its 

final decision and send an initial news 

release announcing the final decision to 

local news media. If the community has 

a retail service facility, then the Postal 

Service also will post a copy of the 

information given to local officials or 

the news release in the public lobby of 

that retail service facility. The Postal 

Service then will implement the final 

decision. 

(5) Identify any new site or area. After 

the public meeting under paragraph 

(c)(3) of this section, if the Postal 

Service decides to use a site or area that 

it did not identify at the public meeting, 

and this section applies with respect to 

that new site or area, then the Postal 

Service will undertake the steps in 

paragraphs (c)(2) through (4) of this 

section with regard to the new site or 

area. 

(d) Effect on other obligations and 

policies. (1) Nothing in this section shall 

add to, reduce, or otherwise modify the 

Postal Service’s legal obligations or 

policies for compliance with: 

(i) Section 106 of the National 

Historic Preservation Act, 16 U.S.C. 470, 

Executive Order 12072, and Executive 

Order 13006; 

(ii) 39 U.S.C. 404(d) and 39 CFR 

241.3; or 

(iii) 39 U.S.C. 409(f); 

(2) These are independent policies or 

obligations of the Postal Service that are 

not dependent upon a relocation or 

addition of a retail service facility. 

Stanley F. Mires, 

Attorney, Federal Requirements. 

[FR Doc. 2015–03238 Filed 2–19–15; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2014–0761; FRL 9922–94– 

Region 8] 

Partial Approval and Partial 

Disapproval and Promulgation of Air 

Quality Implementation Plans; 

Wyoming; Revisions to Wyoming Air 

Quality Standards and Regulations; 

Nonattainment Permitting 

Requirements and Chapter 3, General 

Emission Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

disapprove a portion of State 

Implementation Plan (SIP) revisions 

submitted by the State of Wyoming on 

May 10, 2011. This submittal revises the 

Wyoming Air Quality Standards and 

Regulations (WAQSR) that pertain to the 

issuance of Wyoming air quality permits 

for major sources in nonattainment 

areas. Also in this action, EPA is 

approving SIP revisions submitted by 

the State of Wyoming on February 13, 

2013, and on February 10, 2014. These 

submittals revise the WAQSR with 

respect to sulfur dioxide (SO2) limits 

and dates of incorporation by reference 

(IBR). This action is being taken under 

section 110 of the Clean Air Act (CAA). 

DATES: This final rule is effective March 

23, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2014–0761. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests you contact 

the individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the docket. You may 

view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Leone, Air Program, Mailcode 

8P–AR, Environmental Protection 

Agency, Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129, 

(303) 312–6227, or leone.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. What are the changes that EPA is taking 

final action to approve? 

III. What are the changes that EPA is taking 

final action to disapprove? 

IV. Response to Comments 

V. What action is EPA taking today? 

VI. Statutory and Executive Orders Review 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 


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