[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Rules and Regulations]
[Pages 46950-46952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19201]
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POSTAL SERVICE
39 CFR Part 241
Post Office Organization and Administration: Establishment,
Classification, and Discontinuance
AGENCY: Postal Service \TM\.
ACTION: Final rule.
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SUMMARY: This final rule amends the provisions concerning the
discontinuance of USPS[supreg]-operated retail facilities to
incorporate conforming changes in Post Office \TM\ classification and
terminology.
DATES: Effective date: August 7, 2012.
FOR FURTHER INFORMATION CONTACT: Jim Boldt (202) 268-6799.
SUPPLEMENTARY INFORMATION: This final rule makes minor changes to 39
CFR Part 241. Existing regulations provide that a change in the
staffing of a Post Office such that it is staffed by another type of
Postal Service employee is not a discontinuance. See 39 CFR
241.3(a)(1)(ii). Consistent with this provision, the final rule defines
a remotely managed Post Office (RMPO) as a Post Office that offers
part-time window service hours, is staffed by a Postal Service employee
at the direction of a postmaster, and reports to an Administrative Post
Office. The final rule also defines a part-time Post Office (PTPO) as a
Post Office that offers part-time window service hours, is staffed by a
Postal Service employee, and reports to a district office. In addition,
the final rule replaces the term ``lowest non-bargaining (EAS) employee
grade'' with ``lowest level RMPO'' in 39 CFR 241.3(a)(5)(i). This
change is not substantive, because the hours of service of the lowest
EAS grade for Post Offices previously in effect corresponds to window
service hours offered by the lowest level RMPO. Last, the final rule no
longer includes cost ascertainment grouping classifications in 39 CFR
241.1. The use of such classification systems is not needed in Part
241, in light of the introduction of RMPOs and PTPOs.
Although exempt from the notice and comment rulemaking requirements
of Title 5 of the United States Code, the Postal Service hereby adopts
the following changes to 39 CFR Part 241.
List of Subjects in 39 CFR Part 241
Organization and functions (government agencies), Postal Service.
Accordingly, 39 CFR Part 241 is amended as follows:
PART 241--RETAIL ORGANIZATION AND ADMINISTRATION: ESTABLISHMENT,
CLASSIFICATION, AND DISCONTINUANCE
0
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.
0
2. Revise Sec. 241.1 to read as follows:
Sec. 241.1 Post offices.
Post Offices are established and maintained at locations deemed
necessary to ensure that regular and effective postal services are
available to all customers within specified geographic boundaries. A
Post Office may be operated or staffed by a postmaster or by another
type of postal employee at the direction of the postmaster, including
when the postmaster is not physically present. A Remotely Managed Post
Office (RMPO) is a Post Office that offers part-time window service
hours, is staffed by a Postal Service employee under the direction of a
postmaster, and reports to an Administrative Post Office. A Part-Time
Post Office (PTPO) is a Post Office that offers part-time window
service hours, is staffed by a Postal Service employee, and reports to
a district office. Unless otherwise specified, all references to ``Post
Office'' include RMPOs and PTPOs.
0
3. In Sec. 241.3, revise paragraph (a) to read as follows:
Sec. 241.3 Discontinuance of USPS-operated retail facilities.
(a) Introduction--(1) Coverage. (i) This section establishes the
rules governing the Postal Service's consideration of whether an
existing retail Post Office, station, or branch should be discontinued.
The rules cover any proposal to:
(A) Replace a USPS-operated Post Office, station, or branch with a
contractor-operated retail facility;
(B) Combine a USPS-operated Post Office, station, or branch with
another USPS-operated retail facility; or
(C) Discontinue a USPS-operated Post Office, station, or branch
without providing a replacement facility.
(ii) The conversion of a Post Office into, or the replacement of a
Post Office with, another type of USPS-operated retail facility is not
a discontinuance action subject to this section. A change in the
staffing of a Post Office such that it is staffed only part-time by a
postmaster, or not staffed at all by a postmaster, but rather by
another type of USPS employee, is not a discontinuance action subject
to this section.
(iii) The regulations in this section are mandatory only with
respect to discontinuance actions for which initial feasibility studies
have been initiated on or after July 14, 2011. Unless otherwise
provided by responsible personnel, the rules under Sec. 241.3 as in
effect prior to July 14, 2011, shall apply to discontinuance actions
for which initial feasibility studies have been initiated prior to July
14, 2011. Discontinuance actions pending as of December 1, 2011, that
pertain to the conversion of a Post Office to another type of USPS-
operated facility are no longer subject to these regulations.
(2) Definitions. As used in this section, the terms listed below
are defined as follows:
(i) ``USPS-operated retail facility'' includes any Postal Service
employee-operated Post Office, station, or branch, but does not include
any station, branch, community Post Office, or other retail facility
operated by a contractor.
[[Page 46951]]
(ii) ``Contractor-operated retail facility'' includes any station,
branch, community Post Office, or other facility, including a private
business, offering retail postal services that is operated by a
contractor, and does not include any USPS-operated retail facility.
(iii) ``Closing'' means an action in which Post Office operations
are permanently discontinued without providing a replacement facility
in the community.
(iv) ``Consolidation'' means an action that converts a Postal
Service-operated retail facility into a contractor-operated retail
facility. The resulting contractor-operated retail facility reports to
a Postal Service-operated retail facility.
(v) ``Discontinuance'' means either a closure or a consolidation.
(vi) A ``Remotely Managed Post Office'' (RMPO) is a Post Office
that offers part-time window service hours, is staffed by a Postal
Service employee at the direction of a postmaster, and reports to an
Administrative Post Office. Unless otherwise specified, all references
to ``Post Office'' include RMPOs. The classification of a Post Office
as an RMPO is not a discontinuance action under this section.
(vii) A ``Part-Time Post Office'' (PTPO) is a Post Office that
offers part-time window service hours, is staffed by a Postal Service
employee, and reports to a district office. Unless otherwise specified,
all references to ``Post Office'' include PTPOs. The classification of
a Post Office as a PTPO is not a discontinuance action under this
section.
(3) Requirements. A District Manager or the responsible
Headquarters Vice President, or a designee of either, may initiate a
feasibility study of a USPS-operated facility for possible
discontinuance. Any decision to close or consolidate a USPS-operated
retail facility may be effected only upon the consideration of certain
factors. These include the effect on the community served; the effect
on employees of the USPS-operated retail facility; compliance with
government policy established by law that the Postal Service must
provide a maximum degree of effective and regular postal services to
rural areas, communities, and small towns where Post Offices are not
self-sustaining; the economic savings to the Postal Service; and any
other factors the Postal Service determines necessary. In addition,
certain mandatory procedures apply as follows:
(i) The public must be given 60 days' notice of a proposed action
to enable the persons served by a USPS-operated retail facility to
evaluate the proposal and provide comments.
(ii) After public comments are received and taken into account, any
final determination to close or consolidate a USPS-operated retail
facility must be made in writing and must include findings covering all
the required considerations.
(iii) The written determination must be made available to persons
served by the USPS-operated retail facility at least 60 days before the
discontinuance takes effect.
(iv) Within the first 30 days after the written determination is
made available, any person regularly served by a Post Office subject to
discontinuance may appeal the decision to the Postal Regulatory
Commission. Where persons regularly served by another type of USPS-
operated retail facility subject to discontinuance file an appeal with
the Postal Regulatory Commission, the General Counsel reserves the
right to assert defenses, including the Commission's lack of
jurisdiction over such appeals. For purposes of determining whether an
appeal is filed within the 30-day period, receipt by the Commission is
based on the postmark of the appeal, if sent through the mail, or on
other appropriate documentation or indicia, if sent through another
lawful delivery method.
(v) The Commission may only affirm the Postal Service determination
or return the matter for further consideration but may not modify the
determination.
(vi) The Commission is required to make any determination subject
to 39 U.S.C. 404(d)(5) within the 120 days specified by statute.
(vii) The following table summarizes the notice and appeal periods
defined by statute.
Public Notice of Proposal
60-day notice
Public Notice of Final Determination
30 days for filing any Wait at least 60 days from first day
appeal; up to 120 days for after posting final determination before
appeal consideration and closing or consolidating USPS-operated
decision. retail facility.
(4) Additional requirements. This section also includes:
(i) Rules to ensure that the community's identity as a postal
address is preserved.
(ii) Rules for consideration of a proposed discontinuance and for
its implementation, if approved. These rules are designed to ensure
that the reasons leading to discontinuance of a particular USPS-
operated retail facility are fully articulated and disclosed at a stage
that enables customer participation to make a helpful contribution
toward the final decision.
(5) Initial feasibility study. A district manager, the responsible
Headquarters vice president, or a designee of either may initiate a
feasibility study of a USPS-operated retail facility's potential
discontinuance, in order to assist the district manager in determining
whether to proceed with a written proposal to discontinue the facility.
(i) Permissible circumstances. The initial feasibility study may be
based upon circumstances including, but not limited to, the following:
(A) A postmaster vacancy;
(B) Emergency suspension of the USPS-operated retail facility due
to cancellation of a lease or rental agreement when no suitable
alternate quarters are available in the community, a fire or natural
disaster, irreparable damage when no suitable alternate quarters are
available in the community, challenge to the sanctity of the mail, or
similar reasons;
(C) Earned workload below the minimum established level for the
lowest level RMPO;
(D) Insufficient customer demand, evidenced by declining or low
volume, revenue, revenue units, local business activity, or local
population trends;
(E) The availability of reasonable alternate access to postal
services for the community served by the USPS-operated retail facility;
or
(F) The incorporation of two communities into one or other special
circumstances.
(ii) Impermissible circumstances. The following circumstances may
not be used to justify initiation of an initial feasibility study:
(A) Any claim that the continued operation of a building without
handicapped modifications is inconsistent with the Architectural
Barriers Act (42 U.S.C. 4151 et seq.);
(B) The absence of running water or restroom facilities;
(C) Compliance with the Occupational Safety and Health Act of 1970
(29 U.S.C. 651 et seq.); or
[[Page 46952]]
(D) In the absence of any circumstances identified in paragraph
(a)(5)(i) of this section, the operation of a small Post Office at a
deficit.
(iii) Notice to customers. Local management must provide
notification and questionnaires to customers at the USPS-operated
retail facility under study. Local management may determine whether
notification is appropriate through media outlets. In addition, the
following customers that receive delivery service from the USPS-
operated retail facility must receive notification and questionnaires
by mail:
(A) Post Office Box customers at the USPS-operated retail facility
under study;
(B) Customers whose delivery carrier is stationed out of the USPS-
operated retail facility under study;
(C) Customers in the delivery area of the same ZIP Code as the
retail facility under study, regardless of whether the delivery
carriers for those customers are stationed out of the retail facility
under study or out of a nearby facility; and
(D) Customers whom the retail facility under study serves for
allied delivery services such as mail pickup.
(iv) Initial feasibility study due to emergency suspension.
Wherever possible when an initial feasibility study is to be initiated
under Sec. 241.3(a)(5)(i)(B) (for example, when it is anticipated that
a lease or rental agreement will be cancelled with no suitable
alternate quarters available in the community), responsible personnel
should initiate the initial feasibility study sufficiently in advance
of the circumstance prompting the emergency suspension to allow a
meaningful opportunity for public input to be taken into account. If
public input cannot be sought sufficiently in advance of the end date
of the lease or rental agreement, responsible personnel should
endeavor, to the extent possible, to continue operation of the USPS-
operated retail facility for the duration necessary to gather public
input and make a more fully informed decision on whether to proceed
with a discontinuance proposal. Customers formerly served by the
suspended facility should receive notice under paragraph (a)(5)(iii) of
this section, including by mail, to the same extent that they would
have if the facility were not in suspended status at the time of the
initial feasibility study, proposal, or final determination.
* * * * *
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2012-19201 Filed 8-6-12; 8:45 am]
BILLING CODE 7710-12-P