63880 Federal Register / Vol. 79, No. 207 / Monday, October 27, 2014 / Proposed Rules 

POSTAL SERVICE 

39 CFR Part 241 

Relocating Retail Services; Adding 

New Retail Service Facilities 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule. 

SUMMARY: The Postal Service proposes 

to revise its current rules concerning the 

expansion, relocation, and construction 

of Post OfficesTM to clarify its 

procedures and to require more 

information about certain types of 

projects to be provided earlier in the 

planning phase. Under the revised 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 services facility. The 

revised rule will also require the Postal 

Service to provide information about the 

anticipated new location for relocated 

services, or the new retail services 

facility, when the Postal Service first 

gives notice of the proposal. 

DATES: Comments must be received by 

November 26, 2014. 

ADDRESSES: Please submit written 

comments by email to USPSFAC@

usps.gov, with the subject heading 

‘‘241.4 Rulemaking,’’ or by mail to 

Angie Mitchell, U.S. Postal Service, 475 

L’Enfant Plaza, SW., Room 6611, 

Washington, DC 20260. 

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: 

Background 

The Postal Service proposes to revise 

39 CFR 241.4 to clarify its procedures 

and to require the Postal Service to 

provide more information about certain 

types of projects earlier in the planning 

phase. The current rule prescribes 

procedures by which the Postal Service 

notifies communities and local officials 

of certain types of proposed facility 

projects, and solicits and considers the 

community’s input before making a 

final decision to expand an existing 

retail services facility, relocate retail 

services, or construct a new building to 

provide retail services. Under the 

proposed rule, the Postal Service will 

continue to notify communities and 

officials, and to solicit and consider 

input regarding proposals to relocate 

retail services or to add a new retail 

services facility. Additionally, however, 

the revised rule will enhance 

transparency by requiring the Postal 

Service to provide information about the 

anticipated new location for the 

relocated services, or for the new retail 

services facility, when the Postal 

Service first engages with the 

community and officials concerning the 

proposal. 

When the Postal Service published 

the current rule in 1998 (63 FR 46656), 

the Postal Service was adding space to 

its facilities network to serve an 

expanding customer base, often in 

suburban areas, and to support a 

growing volume of mail. Exemplifying 

the focus at that time on adding space, 

the current rule calls for the Postal 

Service to 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. 39 CFR 241.4(c)(1)(ii). 

Today, the Postal Service focuses on 

innovating to adapt to a dynamic 

marketplace that has changed 

dramatically since the current rule’s 

publication. For many years now, Postal 

Service customers have been decreasing 

their demand for the Postal Service’s 

primary service category, First-Class 

Mail®, turning instead to electronic 

communications for correspondence, 

bill deliveries and payments, and other 

communications and transactions. 

Demand for First-Class Mail service has 

also declined dramatically due to the 

ongoing effects of the Great Recession. 

Postal Service operations are selffunding and not supported by tax 

dollars. To be self-sustaining, and meet 

its universal service obligation, the 

Postal Service must provide adequate 

and affordable postal services efficiently 

and economically. The Postal Service is 

therefore responding to the decreasing 

demand for its First-Class Mail services 

and to the corresponding loss of revenue 

by optimizing its facilities network, 

often by relocating out of oversized 

spaces into right-sized spaces. Through 

experience with applying the current 

rule to relocations, the Postal Service 

determined that it could improve the 

rule by clarifying its terms and 

applicability, by focusing the rule on the 

types of projects that are most likely to 

be sensitive to a community, and by 

increasing transparency through 

providing more information about those 

projects earlier in the planning phase. 

Accordingly, the Postal Service 

proposes to revise the rule in several 

ways. 

Proposed Modifications 

Although the current rule applies 

only to ‘‘customer service facilities,’’ the 

rule does not define ‘‘customer service 

facility.’’ The revised rule adds 

definitions to clarify its terms and 

applicability, including a definition for 

‘‘retail service facility,’’ a term the 

revised rule uses instead of ‘‘customer 

service facility’’ to define the type of 

facility to which the rule applies. 

With regard to relocations of retail 

services, the current rule calls for the 

Postal Service to conduct community 

outreach in a two-step process. First, the 

Postal Service solicits and considers 

input from the community and local 

officials on whether to relocate. Second, 

if the Postal Service decides to pursue 

the relocation, then the Postal Service 

solicits and considers input on selection 

of the relocation site. The Postal Service 

believes it can enhance its community 

outreach by providing information 

about the planned relocation and the 

anticipated relocation site at the same 

time when it first engages with the 

community and officials regarding a 

proposed relocation. Accordingly, when 

the Postal Service meets with the 

community to discuss the proposed 

relocation, the revised rule specifically 

calls for the Postal Service to also 

identify the site or area to which the 

Postal Service anticipates relocating the 

retail services. Further, while the 

current rule allows appeals of the 

relocation decision, and allows the 

community and officials to comment on 

the proposed new sites, it does not 

provide an avenue to appeal the site 

selection. By consolidating the 

discussions of relocation and site 

selection, the revised rule bolsters the 

community input process by providing 

a process to appeal both the relocation 

and site selection proposals and permits 

the Postal Service to deliver its final 

decision in a timelier manner. 

The current rule also requires 

soliciting and considering community 

input for construction of a new building 

for a retail service facility, and for 

expansion of an existing retail service 

facility. However, the current rule does 

not require community input when the 

Postal Service leases space for a new 

retail services facility, although in 

practice the Postal Service commonly 

solicits and considers input in those 

situations. Based on experience, the 

Postal Service believes communities 

often are concerned about a proposal to 

add a retail services facility, regardless 

of whether the Postal Service plans to 

build a new building or to lease space. 

In contrast to adding a retail services 

facility or relocating retail services, an 

expansion of a retail service facility 

does not raise the same concerns 

because the retail services remain in 

place. Further, as the Postal Service 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 207 / Monday, October 27, 2014 / Proposed Rules 63881 

adapts to a changing marketplace, it 

forecasts, at most, an increasingly rare 

need to expand existing retail services 

sites in a manner significantly affecting 

surrounding communities. Conversely, 

it does anticipate leasing new sites as 

needed to provide retail services in 

additional facilities. Accordingly, the 

revised rule will not apply to 

‘‘expansions,’’ but will broaden and 

revise the ‘‘new construction’’ category 

to require community input whenever 

the Postal Service adds a new retail 

service facility to a community, whether 

as a new building or as a leased space. 

Therefore, the revised rule will expand 

opportunities for community input for 

those projects. 

When community members or 

officials appeal a decision, the current 

rule calls for the ‘‘Vice President, 

Facilities’’ to determine those appeals. 

Although the Vice President, Facilities 

is not an approving official for initial 

project decisions to which the current 

rule applies, the Postal Service decided 

to revise the rule to avoid concerns that 

the same official is approving an initial 

project and determining appeals for the 

project. Therefore, the revised rule 

permits the Postal Service to designate 

an official other than the Vice President, 

Facilities to determine such appeals. 

The current rule excuses community 

input for temporary and emergency 

relocations, but limits such relocations 

to 180 days without distinguishing 

between temporary and emergency 

relocations. While the 180-day limit 

may be appropriate for temporary 

relocations, it is unnecessarily arbitrary 

for emergency relocations. The revised 

rule distinguishes temporary additions 

and relocations (e.g., for holidays, or 

special events) from emergency 

relocations (e.g., due to earthquakes, 

fire, or lease terminations). It retains the 

180-day limit for temporary additions 

and relocations, while substituting a 

requirement for community input ‘‘as 

soon as prudent’’ following emergency 

relocations. The revised rule also adds 

a process for soliciting and considering 

community input following an 

emergency relocation. 

Several years after the Postal Service 

published the current rule, Congress 

enacted the Postal Accountability and 

Enhancement Act (PAEA) (Pub. L. 109– 

435,120 Stat 3198). As added by PAEA, 

39 U.S.C. 409(f) sets forth requirements 

for the Postal Service when it constructs 

or alters a building, including 

requirements to consult with local 

officials concerning local zoning and 

building code requirements. Those 

requirements overlap with the current 

rule’s requirements at 39 CFR 241.4(f), 

but the two sets of requirements are not 

entirely consistent. Because the 

subsequently enacted PAEA applies to 

all Postal Service projects, not just 

projects subject to the current rule, the 

revised rule will eliminate 39 CFR 

241.4(f) to allow the Postal Service and 

local communities to look to a single set 

of requirements, as set forth in PAEA, 

for all Postal Service projects. 

Last, the revised rule clarifies in 39 

CFR 241.4(d) that it does not add to, 

reduce, or otherwise modify the Postal 

Service’s legal obligations or policies for 

compliance with other laws and 

regulations. This clarification preserves 

and strengthens the original intent of 

the current rule. 

List of Subjects in 39 CFR Part 241 

Organization and functions 

(Government agencies), Retail service 

facilities. 

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 

proposes to revise 39 CFR 241.4 as set 

forth below. 

PART 241—ESTABLISHMENT 

CLASSIFICATION, AND 

DISCONTINUANCE 

■ 1. The authority citation for 39 CFR 

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 below, this section 

applies when the Postal Service 

proposes either 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) This section does not apply to 

temporary additions of retail service 

facilities or to temporary or emergency 

relocations of retail services. The Postal 

Service may use temporary additions or 

relocations 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. The Postal 

Service may use emergency relocations 

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, lease 

terminations or expirations, a lessor 

exercising a right to relocate the Postal 

Service’s premises, safety factors, 

environmental causes, other business 

disrupting events, or as necessary to 

protect employees, customers, or the 

sanctity of the mail. Following an 

emergency relocation, as soon as the 

Postal Service determines it is prudent 

to identify the long term location for the 

retail services, the Postal Service will 

make an initial decision whether 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. 

After such initial 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 such initial decision. 

(b) Purpose. The purpose of this 

section is to provide opportunities for 

community members and their elected 

local officials to give input to the Postal 

Service concerning a proposal to which 

this section applies (a ‘‘proposal’’), and 

for the Postal Service to consider that 

input in determining whether to 

proceed with, modify, or cancel the 

proposal. 

(c) Collect and consider community 

input. When the Postal Service makes a 

proposal, 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 such 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
63882 Federal Register / Vol. 79, No. 207 / Monday, October 27, 2014 / Proposed Rules 

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. 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., for relocating retail services or 

adding 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 comments and 

appeals of 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 lieu of a public 

meeting, may give customers within the 

community written notification of the 

proposal by mail or by posting 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 comments 

and appeals of the proposal during the 

30 days following such 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) If the proposal concerns relocation, 

then the Postal Service will: 

(A) Discuss the reasons for relocating; 

(B) Identify the site or area to which 

the Postal Service anticipates relocating 

the retail services; and 

(C) Describe the anticipated size of the 

retail service facility for the relocated 

retail services, and the anticipated 

services to be offered at such site or in 

such area. (The Postal Service may 

identify more than one potential 

relocation site or area, for example, 

when the Postal Service has not selected 

among competing sites.) 

(ii) If the proposal concerns adding a 

new retail service facility for a 

community, then the Postal Service 

will: 

(A) Discuss the reasons for the 

addition; 

(B) Identify the site or area to which 

the Postal Service anticipates adding the 

retail service facility; 

(C) Describe the anticipated size of the 

added retail service facility, and the 

anticipated services to be offered; and 

(D) 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). (The Postal Service may 

identify more than one potential site or 

area, for example, when the Postal 

Service has not selected 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 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 such 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) Subsequent site identification. 

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 such 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. Nothing in this section shall 

add to, reduce, or otherwise modify the 

Postal Service’s legal obligations or 

policies for compliance with 

independent policies or obligations of 

the Postal Service that are not 

dependent upon a relocation or addition 

of a retail service facility. These include: 

(1) Section 106 of the National 

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

Executive Order 12072, and Executive 

Order 13006; 

(2) 39 U.S.C. 404(d) and 39 CFR 241.3; 

and 

(3) 39 U.S.C. 409(f). 

Stanley F. Mires, 

Attorney, Federal Requirements. 

[FR Doc. 2014–25403 Filed 10–24–14; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2013–0602; FRL–9918–49– 

OAR] 

RIN 2060–AR33 

Carbon Pollution Emission Guidelines 

for Existing Stationary Sources: 

Electric Utility Generating Units 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) published in the Federal 

Register on September 25, 2014, an 

extending the comment period for the 

proposed rule titled ‘‘Carbon Pollution 

Emission Guidelines for Existing 

Stationary Sources: Electric Utility 

Generating Units’’ by 45 days. 

Inadvertently, that proposed rule 

included an incorrect digit in the docket 

number for the proposed rule. This 

proposed rule corrects that error. 

DATES: This correction is effective on 

October 27, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Vasu, Sector Policies and Programs 

Division (D205–01), U.S. EPA, Research 

Triangle Park, NC 27711; telephone 

number (919) 541–0107, facsimile 

number (919) 541–4991; email address: 

vasu.amy@epa.gov or Ms. Marguerite 

McLamb, Sector Policies and Programs 

Division (D205–01), U.S. EPA, Research 

Triangle Park, NC 27711; telephone 

number (919) 541–7858, facsimile 

number (919) 541–4991; email address: 

mclamb.marguerite@epa.gov. 


tkelley on DSK3SPTVN1PROD with PROPOSALS