17794 Proposed Rules Federal Register Vol. 76, No. 62 Thursday, March 31, 2011 This section of the FEDERAL REGISTER codified statute was re-designated as 39 officials to establish facilities, including contains notices to the public of the proposed U.S.C. 404(d) under the Postal Post Offices, stations, and branches, and issuance of rules and regulations. The Accountability and Enhancement Act of also to discontinue them. The authority purpose of these notices is to give interested 2006 (PAEA), Public Law 109–435, of Congress ‘‘to establish post offices,’’ persons an opportunity to participate in the section 1010(e), 120 Stat. 3261.) Notice U.S. Const. art. I, section 8, cl. 7, has rule making prior to the adoption of the final rules. must be given at least 60 days in been consistently delegated to the advance to enable customers to present Postmaster General since the their views. Section 404(d) further establishment of the Nation’s postal POSTAL SERVICE requires that the Postal Service consider system. See the discussion in Ware v. specific criteria in making United States, 71 U.S. 617, 630–633 39 CFR Part 241 determinations to close or consolidate a (1866). post office, including the effects on Numerous other postal statutes, not Post Office Organization and community and employees, the ability directly concerned with the Administration: Establishment, to provide a maximum degree of establishment of postal facilities, have Classification, and Discontinuance effective and regular postal services to also illustrated the distinction between AGENCY: Postal Service. the affected community, and economic a station or branch and a Post Office. savings. A determination to close or For example, former 39 U.S.C. 3524– ACTION: Proposed rule. consolidate any Post Office may be 3530, which set compensation levels for SUMMARY: This proposed rule would appealed to the Postal Regulatory postmasters and other management amend postal regulations to improve the Commission (Commission) within 30 employees, clearly show the administration of the Post Office closing days after such determination is made administrative distinction between a and consolidation process. In addition, available to customers. The Commission Post Office, supervised by a postmaster, certain procedures employed for the has up to 120 days to issue a decision and its subordinate stations and discontinuance of Post Offices would be if an appeal is filed. Even if no appeal branches, generally under the direction applied to the discontinuance of other is filed, the Postal Service is prevented of an officer in charge. Similarly, in types of retail facilities operated by from taking action to close or extending the protection of criminal Postal Service employees. consolidate a post office until 60 days statutes to postal facilities and have elapsed since its final operations, Congress was careful to DATES: Comments must be received on determination has been made available apply those statutes not only to Post or before May 2, 2011. to customers. Offices, but to their subordinate service ADDRESSES: Written comments should As part of ongoing efforts to units. See, e.g., 18 U.S.C. 1703, 1708, be mailed or delivered to the Manager, rationalize its retail network, the Postal 1709, 1712, 1721. Customer Service Standardization, Service has undertaken a review of its Furthermore, Congress was well ATTN: Retail Discontinuance, 475 regulations in 39 CFR part 241 to aware of the longstanding distinction L’Enfant Plaza SW., Room 6816, determine how the administration of the between Post Offices and other types of Washington, DC 20260–6816. Copies of closing process can be improved. The postal facilities when it enacted 39 all written comments will be available Postal Service has identified various U.S.C. 404(d). In proposing the for inspection and photocopying amendments to section 241.3 that would legislation which provided the between 9 a.m. and 4 p.m., Monday further the Plan’s objective of improving foundation for current section 404(d), through Friday, in the Postal Service the closing process. In addition, the Senator Jennings Randolph expressed Library, at the above address. Postal Service has determined, as a his opposition to the ‘‘indiscriminate Arrangements should be made in matter of policy, to apply the same closing of our rural and small town post advance for inspection by contacting discontinuance procedures to all retail offices’’ as well as to the decision ‘‘to (202) 268–2900. facilities operated by Postal Service create branches out of many post offices FOR FURTHER INFORMATION CONTACT: employees. These proposed measures close to large cities.’’ To curtail such Annette Raney, (202) 268–4307. are described below. actions, he offered legislation requiring SUPPLEMENTARY INFORMATION: The Postal the Postal Service to ‘‘substantiate any I. Application of Post Office Reorganization Act of 1970 directs the proposal to change or eliminate Discontinuance Procedures to Other Postal Service to establish and maintain independent post offices.’’ See 122 Retail Facilities postal facilities ‘‘of such character and Cong. Rec. 6314 (March 11, 1976). In its in such locations that postal patrons Section 404(d) of title 39, U.S. Code, analysis of the subsequently enacted throughout the nation will, consistent applies only to the ‘‘closing or ‘‘Randolph Amendment,’’ the conference with reasonable economies of postal consolidation’’ of ‘‘post offices.’’ A Post report on H.R. 8603 explicitly limited its operations, have ready access to Office is an organizational unit headed application to Post Offices: ‘‘[T]he essential postal services.’’ 39 U.S.C. by a postmaster that provides retail and managers intend that this provision 403(b)(3). The 1976 amendments to the delivery services, and mail processing, apply to post offices only and not to Postal Reorganization Act (PRA), to residents and businesses in the ZIP other postal facilities.’’ H.R. Rep. No. codified in former section 404(b) of title Code areas that comprise that office’s 94–1444, 94th Cong., 2d Sess. 17 (1976). 39 of the U.S. Code, require that the exclusive delivery service area. In using Thus, as a legal matter, former 39 U.S.C. Postal Service provide adequate notice the term ‘‘Post Office’’ in its technical 404(b) and its modern analogue, 39 to customers of its intention to close or sense for well over a century, Congress U.S.C. 404(d), apply only to Post consolidate a Post OfficeTM. (The has recognized the need for postal Offices. See Wilson v. United States VerDate Mar<15>2010 23:19 Mar 30, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\31MRP1.SGM 31MRP1 sroberts on DSK3CLS3C1PROD with PROPOSALS Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 17795 Postal Service, 441 F. Supp. 803, 806 distinction between the two terms. III. Analysis of Proposed Changes (C.D. Cal. 1977); Knapp v. United States Postal Service facilities generally offer Section 241.1(a) and (b) would be Postal Service, 449 F. Supp. 158, 161– the same retail services to customers updated to state the establishment 62 (E.D. Mich. 1978). regardless of the facilities’ requirements and classification system As a matter of policy, the Postal administrative designation. Moreover, for Post Offices in accordance with Service recognizes that the functional by applying the same discontinuance Postal Operations Manual (POM) differences among respective types of procedures to all Postal Service- 123.11. The change in the classification retail facilities staffed by postal operated retail facilities, the proposed system does not entail any change in employees may not be readily apparent rule would erase the effect of how respective retail facilities are rated to its retail customers. The Postal administrative designations on by revenue units within accounting Service is mindful of comments that the applicable discontinuance procedures. groups. Subsection 241.1(a) would also Commission has provided to this effect Therefore, the Postal Service does not clarify that Post Offices may be managed in multiple contexts. Accordingly, many consider it reasonable to continue by postmasters, as is commonly the customers expect the same applying discontinuance procedures to case, or by other designated personnel. discontinuance procedures to apply for facility re-designations that do not entail their local station as to the nearest The designation of a retail facility as a any practical effect for customers. These independent Post Office. In the interest Post Office, classified station, or of transparency and responsiveness to changes would also harmonize with classified branch would not depend on customer needs, the Postal Service has changes regarding administrative whether any responsible personnel is a concluded that it makes sense, as a oversight of particular offices. postmaster. policy matter, to propose the The proposed rule would not be In keeping with the policy change application of a single set of retroactive. Therefore, until such time as concerning the scope of discontinuance discontinuance procedures to postal any proposed changes are issued in a procedures, the proposed rule would replace all references to ‘‘post office’’ in employee-operated retail facilities. final rule and take effect, the proposed 39 CFR 241.3 with ‘‘USPS-operated Although customers of contractor- change in policy is not effective and retail facility’’ (or a similar term). A new operated retail facilities may also would not affect the procedures subparagraph