[Federal Register Volume 63, Number 88 (Thursday, May 7, 1998)]
[Rules and Regulations]
[Pages 25166-25167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12064]
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POSTAL SERVICE
39 CFR Part 241
Expansion, Relocation, Construction of New Post Offices
AGENCY: Postal Service.
ACTION: Interim rule.
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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 Sec. 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-to-date 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
Sec. 241.4, as follows:
Sec. 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:
[[Page 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