[Federal Register Volume 60, Number 29 (Monday, February 13, 1995)]
[Proposed Rules]
[Page 8211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3457]



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POSTAL RATE COMMISSION

39 CFR Part 3001

[Docket No. RM95-3]


Appeals of Postal Service Determinations to Close or Consolidate 
Post Offices

AGENCY: Postal Rate Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission proposes to amend its rules of practice 
governing the filing of postal patrons' appeals of determinations by 
the United States Postal Service to close or consolidate the post 
office which serves them. The Commission's current rule requires that 
petitions to initiate such appeals be received by the Commission within 
30 days of the date on which the Postal Service made its determination 
publicly available. The proposed rule would allow affected postal 
patrons to initiate a timely appeal by filing a petition which either 
is received by the Commission within 30 days of the date on which the 
Postal Service made its determination publicly available, or bears a 
postmark or other indicia that it was mailed no later than 30 days 
after that date.

DATES: Comments responding to this notice of proposed rulemaking must 
be submitted no later than March 30, 1995.

ADDRESSES: Comments and correspondence should be sent to Margaret P. 
Crenshaw, Secretary of the Commission, 1333 H Street, N.W., Suite 300, 
Washington, D.C. 20268-0001 (telephone: 202/789-6840).

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, Legal Advisor, 
Postal Rate Commission, 1333 H Street, N.W., Suite 300, Washington, 
D.C. 20268-0001 (telephone: 202/789-6820).

SUPPLEMENTARY INFORMATION: The Postal Reorganization Act Amendments of 
1976, Pub. L. No. 94-421, 90 Stat. 1303, provide postal patrons an 
opportunity to appeal determinations by the United States Postal 
Service to close or consolidate the post office which serves them. In 
pertinent part, the statute provides: ``A determination of the Postal 
Service to close or consolidate any post office may be appealed by any 
person served by such office to the Postal Rate Commission within 30 
days after such determination is made available to such person * * *.'' 
39 U.S.C. 404(b)(5).
    In adopting rules to implement the provisions of Pub. L. 94-421, 
the Postal Rate Commission incorporated the 30-day provision in section 
404(b)(5) as follows:

    Petition for review. Review of a determination of the Postal 
Service to close or consolidate a post office shall be obtained by 
filing a petition for review with the Secretary of this Commission. 
Such petition must be received by the Commission within 30 days 
after the Service has made available to persons served by that post 
office the written determination to close or consolidate required by 
39 U.S.C. 404(b)(3) through (4).

39 CFR 3001.111(a). Thus, under the Commission's current rule, the 
timeliness of affected postal patrons' appeals depends upon the 
Commission's actual receipt of their petition within the 30-day 
statutory period.
    The Commission is concerned that the current rule may operate to 
the detriment of postal patrons served by post offices that are 
geographically remote from the Commission's offices in Washington, D.C. 
Because of uncertainties associated with postal processing, 
transportation, and delivery, a petition's transit time from mailing by 
the appellants to receipt at the Commission's offices cannot be known 
in advance, but may constitute a significant portion of the 30-day 
interval established in the current rule. An internal review of the 
Commission's records of section 404(b) appeals filed in Fiscal Years 
1993 and 1994 discloses that the interval between the mailing of a 
petition and its receipt by the Commission has frequently approached, 
and has sometimes exceeded, one week.
    In order to assure that members of the public affected by Postal 
Service determinations to close or consolidate post offices are 
afforded the full 30 days to pursue an appeal provided by 39 U.S.C. 
404(b)(5), the Commission proposes to amend its current rule to 
incorporate two alternative measures of the timeliness of petitions. 
Under the proposed revision of 39 CFR 3001.111(a), a petition would be 
deemed timely if: (1) The Commission actually received it no later than 
30 days following publication of the Postal Service's determination, or 
(2) the petition bears a postmark or other indicia demonstrating that 
it was mailed no later than 30 days after publication by the Postal 
Service.

List of Subjects in 39 CFR Part 3001

    Administrative practices and procedure, Postal Service.

    Accordingly, 39 CFR part 3001 is proposed to be amended as follows:

PART 3001--RULES OF PRACTICE AND PROCEDURE

    1. The authority citation for 39 CFR Part 3001 continues to read as 
follows:

    Authority: 39 U.S.C. 404(b), 3603, 3622-3624, 3661, 3662, 84 
Stat. 759-762, 764, 90 Stat. 1303; (5 U.S.C. 553), 80 Stat. 383.

    2. Section 3001.111(a) would be revised to read as follows:


Sec. 3001.111  Initiation of review proceedings.

    (a) Petition for review. (1) Review of a determination of the 
Postal Service to close or consolidate a post office shall be obtained 
by filing a petition for review with the Secretary of this Commission. 
Such petition must either:
    (i) Be received by the Commission within 30 days after the Service 
has made available to persons served by that post office the written 
determination to close or consolidate required by 39 U.S.C. 404(b) (3) 
through (4), or
    (ii) Bear a postmark or other indicia demonstrating that the 
petition was mailed no later than the 30th day following the date on 
which the Postal Service made its written determination available.
    (2) The petition shall specify the parties seeking review, all of 
whom must be persons served by the post office proposed to be closed or 
consolidated and shall identify the Postal Service as respondent. The 
Commission encourages parties seeking review to attach a copy of the 
Postal Service written determination, as the appeal process is thereby 
expedited. If two or more persons are entitled to petition for review 
of the same determination and their interests are such as to make 
joinder practicable, they may file a joint petition for review and may 
thereafter proceed as a single petitioner.
 * * * * *
    Issued by the Commission on February 7, 1995.
Margaret P. Crenshaw,
Secretary.
[FR Doc. 95-3457 Filed 2-10-95; 8:45 am]
BILLING CODE 7710-FW-P