25166 Federal Register / Vol. 63, No. 88 /Thursday, May 7, 1998 /Rules and Regulations

Saturday, May 16, and Sunday, May 17,

1998.

(c) Regulations.

(1) The general regulations contained

in 33 CFR 165.23 apply to this safety

zone.

(2) Vessels not participating in this

event, swimmers, and personal

watercraft of any nature are prohibited

from entering or moving within the

safety zone.

(3) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on scene patrol personnel.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceed as directed.

Dated: April 20, 1998.

R.C. Vlaun,

Captain, U.S. Coast Guard, Captain of the

Port, New York.

[FR Doc. 98–12139 Filed 5–6–98; 8:45 am]

BILLING CODE 4910–15–M

POSTAL SERVICE

39 CFR Part 241

Expansion, Relocation, Construction

of New Post Offices

AGENCY: Postal Service.

ACTION: Interim rule.

SUMMARY: This interim rule establishes

procedures by which the Postal Service

notifies local citizens and public

officials of facility projects, and solicits

and considers the community’s input

before making a final decision to expand

an existing facility, relocate to a new

building, or start new construction. The

purpose of the interim rule is to build

into the facility project planning process

specific opportunities and adequate

time for the community to be a partner

in the decision-making process and to

have its views considered.

DATES: Effective: May 7, 1998.

Comments must be received by June 8,

1998.

ADDRESSES: Please submit written

comments to Louis Norris, Manager,

Real Estate, U.S. Postal Service,

Facilities, 4301 Wilson Boulevard, Suite

300, Arlington, VA 22203–1861.

FOR FURTHER INFORMATION CONTACT: John

Sorenson, U.S. Postal Service, Facilities,

4301 Wilson Boulevard, Suite 300,

Arlington, VA 22203–1861; phone (703)

526–2782.

SUPPLEMENTARY INFORMATION: This

interim rule adds a new § 241.4 to 39

CFR part 241 to require that both local

public officials and local citizens be

notified and invited to comment at

critical stages of the planning to enlarge

or relocate a postal customer service

facility. In addition, the rule requires

postal officials to take into account

community input, including alternative

recommendations.

Throughout the towns and villages of

America, people have long viewed their

post office as much more than a place

to send and receive mail. A

community’s post office is a vital part of

its infrastructure—a place to greet old

friends, make new ones, and exchange

information. With more than 35,000

leased and owned postal facilities, the

Postal Service takes seriously its

commitment to be a good neighbor and

a vital part of every community.

Adding new facilities and upgrading

or replacing existing ones is a

continuing activity that is influenced by

population growth and shifts, the

increasing automation of mail

processing, aging and deteriorating

building stock, and changing

environmental and energy conservation

requirements. In order to fulfill its role

as a member of virtually every U.S.

community, the Postal Service believes

that, to the maximum extent possible, it

should undertake its most locally

significant projects—to relocate a post

office, to build a new one, or to expand

an existing facility—in partnership with

the local community.

This has long been Postal Service

policy. These community relations

guidelines are being published to help

ensure that communities and local

public officials, as well as postal

employees, will have the most up-todate policy and procedures for projects

that involve expansion, relocation, or

new construction of a post office, and to

help ensure that all such projects are

handled in accordance with the

guidelines.

The rule also formalizes the Postal

Service’s long-standing policy of

complying with local zoning and land

use ordinances and building codes

when it can do so consistent with

prudent business practices and unique

postal requirements.

This interim rule reflects existing

policy and procedures and, in any

event, imposes no burden on members

of the public; therefore, it is effective

immediately. Although exempted by 39

U.S.C. 410(a) from the advance notice

requirements of the Administrative

Procedure Act regarding proposed

rulemaking (5 U.S.C. 553), the Postal

Service invites public comment at the

above address and will consider any

comments received before issuing a

final rule.

Accordingly, the Postal Service

amends, on an interim basis, 39 CFR

part 241, as follows:

List of Subjects in 39 CFR Part 241

Organization and functions

(Government agencies).

PART 241—[AMENDED]

1. The authority citation for 39 CFR

part 241 continues to read as follows:

Authority: 39 U.S.C. 401.

2. Effective May 7, 1998, 39 CFR part

241 is amended by adding § 241.4, as

follows:

§ 241.4 Expansion, relocation, and

construction of post offices

(a) Application. (1) This section

applies when the Postal Service

contemplates any one of the following

projects that provides retail services to

customers: expansion, relocation to

another existing building, or new

construction, except when the project is

to meet an emergency requirement or is

for temporary use.

(2) This section does not apply when

the project under consideration is

limited to repair and alterations, such

as:

(i) Painting, no matter how extensive;

(ii) Repairs, no matter how extensive;

(iii) Replacement or upgrade of

structural or functional elements of a

postal building or of its equipment, no

matter how extensive the work;

(iv) Paving, striping, or other repair of

parking areas;

(v) Landscaping.

(b) Purpose. The purpose of the

procedures required by this section is to

ensure increased opportunities for

members of the communities who may

be affected by certain Postal Service

facility projects, along with local

officials, to convey their views

concerning the contemplated project

and have them considered prior to any

final decision to expand, relocate to

another existing building, or construct a

new building.

(c) Expansion, relocation, new

construction. When an expansion,

relocation, or new construction of a

retail facility (whether leased or owned)

is planned, postal representatives

responsible for the project will take the

following steps in accordance with the

time schedule shown:

(1) Personally visit one or more of the

highest ranking local public officials

(generally, individuals holding elective

office) at least 45 days before any public

advertising. During the visit, the postal

representatives will:
Federal Register / Vol. 63, No. 88 /Thursday, May 7, 1998 /Rules and Regulations 25167

(i) Describe the project fully, explain

the process by which the Postal Service

will solicit and consider input from the

affected community, and solicit a

working partnership with the

community officials for the success of

the project.

(ii) Emphasize that in meeting a need

for increased space, the first priority is

to expand the existing facility, the

second priority is to find an existing

building in the same area as the current

facility, and the third option is to build

on a new site that will be either owned

or leased.

(iii) Ask that a Postal Service

presentation of the project be placed on

the regular agenda of a public meeting

or hearing. If no such meeting is

planned within the next 60 days or the

agenda of a planned meeting cannot

accommodate the project, the Postal

Service will schedule a public hearing

concerning the project and will

advertise the hearing in a local general

circulation newspaper.

(iv) Give the local officials a letter

describing the intended project.

(2) Notify the lessor of the affected

facility in writing.

(3) Send an initial appropriate press

release to local news media.

(4) Except as provided herein, attend

or conduct one or more public hearings

to describe the project to the

community, invite questions, solicit

written comment, and describe the

process by which community input will

be considered. If it is known at the time

that the existing facility is not able to be

expanded or that expansion is

impracticable, that fact will be disclosed

and the project file documented as to

the reasons expansion is not possible or

practical. Exception: If circumstances

prevent postal representatives from

attending or conducting a public

meeting or hearing on the planned

project within a reasonable time, the

Postal Service must distribute a

notification card to all affected

customers, seeking their comment or

other feedback. In addition, if the

decision is to distribute notification

cards, the project file must document

the circumstances that prevented postal

representatives from conducting or

attending a public hearing or meeting

within a reasonable time; in no event

shall a lack of public interest or

objection constitute a qualifying

circumstance.

(5) Review comments and notify local

officials of decision. After the date of

the most recent public meeting or the

date of distribution of notification cards,

make a decision (e.g., relocation to

another building, new construction, or

expansion of the existing facility) that

takes into account community input and

is consistent with prudent business

practices and postal objectives, and

notify local officials in writing. Take no

action on the decision for at least 15

days following notification of local

officials.

(6) Advertise for sites and existing

buildings, in accordance with the

decision.

(d) New site or existing buildings—

historic preservation. (1) It is the policy

of the Postal Service, by virtue of Board

of Governors Resolution No. 82–7, to

comply with Section 106 of the general

provisions of the National Historic

Preservation Act, (16 U.S.C. 470 et seq.),

Executive Order 13006, and, through it,

Executive Order 12072. Therefore, when

the decision is to relocate to another

existing building, that building will be

selected in accordance with Section 106

of the National Historic Preservation Act

and applicable provisions of the

executive orders identified above.

(2) When the decision is to advertise

for sites and existing buildings, once

such sites have been identified, advise

local officials of all contending sites and

with respect to all sites not selected,

provide an explanation.

(3) Once a site or existing building has

been selected, notify local officials of

the selection decision.

(4) Take no final action to acquire or

lease the new location for 15 days.

(e) Planning, zoning, building codes.

It is the policy of the Postal Service to

comply with local planning and zoning

requirements and building codes to the

maximum extent feasible consistent

with postal needs and objectives. To

promote a partnership with local

officials and ensure conformance with

local building codes, plans and

drawings will be sent to appropriate

building department or other officials

for review. The Postal Service will give

local public officials written notice of

any timely, written objections or

recommendations that it does not plan

to adopt or implement.

(f) Continuing communication. During

construction, whether renovation or

new construction, the postmaster will

keep local officials and the community

informed via letters and news releases.

The postmaster and other postal

officials will plan, conduct, and invite

the community and local officials to any

‘‘grand opening.’’

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 98–12064 Filed 5–6–98; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA041–4069; FRL–6009–3]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Conditional Limited

Approval of the Pennsylvania VOC and

NOx RACT Regulation; Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correcting

amendment.

SUMMARY: This document corrects an

error in the amendatory instruction in a

final rule pertaining to the Pennsylvania

VOC and NOX RACT Regulation.

EFFECTIVE DATE: April 22, 1998.

FOR FURTHER INFORMATION CONTACT:

Cynthia H. Stahl, (215) 566–2180 or by

e-mail at

stahl.cynthia@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

published a document on March 23,

1998 (63 FR 13789) inadvertently

adding paragraph (e) to § 52.2026 when

that paragraph already existed. The

intent of the rule was to amend that

section by adding a paragraph (f). This

document corrects the erroneous

amendatory language.

Correction

In the final rule published in the

Federal Register on March 23, 1998 (63

FR 13789), on page 13794 in the third

column, the fourth amendatory

instruction is corrected to read—‘‘4.

Section 52.2026 is amended by adding

a paragraph (f) to read as follows:’’ and

the new text is designated as paragraph

(f).

Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’

and, is therefore not subject to review by

the Office of Management and Budget.

In addition, this action does not impose

any enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or involve

special consideration of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

Because this corrective rulemaking

action is not subject to notice-andcomment requirements under the