95-15096. Discontinuance of Post Offices  

  • [Federal Register Volume 60, Number 119 (Wednesday, June 21, 1995)]
    [Rules and Regulations]
    [Pages 32272-32273]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-15096]
    
    
    
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    POSTAL SERVICE
    
    39 CFR Part 241
    
    
    Discontinuance of Post Offices
    
    AGENCY: Postal Service.
    
    ACTION: Final rule.
    
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    SUMMARY: This amendment reflects the current approval authority for 
    post office discontinuance proposals.
    
    EFFECTIVE DATE: June 21, 1995.
    
    FOR FURTHER INFORMATION CONTACT: Kimberly Matalik, (202) 268-3500.
    
    SUPPLEMENTARY INFORMATION: The Postal Service has recently undertaken 
    further refinements to its management structure. Consistent with 
    earlier, more comprehensive, restructuring efforts, this has resulted 
    in the rearrangement of internal functional responsibilities, but does 
    not involve changes in rules or procedures that would adversely affect 
    a member of the public (see 57 FR 49200, October 30, 1992).
        As a result of these changes, the chief marketing officer/senior 
    vice president is responsible for reviewing and approving post office 
    discontinuance proposals. [[Page 32273]] 
        The Postal Service therefore amends part 241 of title 39 of the CFR 
    to set forth, without substantive amendment, the current approval 
    authority for post office discontinuance proposals.
    
    List of Subjects in 39 CFR Part 241
    
        Organization and functions (Government agencies), Postal Service.
    
        1. The authority citation for part 241 continues to read as 
    follows:
    
        Authority: 39 U.S.C. 401.
    
    PART 241--ESTABLISHMENT, CLASSIFICATION, AND DISCONTINUANCE
    
        2. Section 241.3 is amended by revising paragraphs (d)(4) 
    introductory text only, (e)(2)(ii)(A), (f)(1), (f)(2) introductory text 
    only, (f)(3), (f)(4), (f)(5), (g)(1)(i), (g)(2), (g)(3)(i), and 
    (g)(4)(ii).
    
    
    Sec. 241.3  Discontinuance of post offices.
    
    * * * * *
        (d) * * *
        (4) Record. The district manager, Customer Service and Sales, must 
    keep as part of the record for his or her consideration and for review 
    by the chief marketing officer/senior vice president all the 
    documentation gathered about the proposed change.
    * * * * *
        (e) * * *
        (2) * * *
        (ii) * * *
        (A) Forward the revised proposal and the entire record to the chief 
    marketing officer/senior vice president for final review.
    * * * * *
        (f) * * *
        (1) In general. The chief marketing officer/senior vice president 
    or a designee must review the proposal of the district manager, 
    Customer Service and Sales. This review and the decision on the 
    proposal must be based on and supported by the record developed by the 
    district manager, Customer Service and Sales. The chief marketing 
    officer/senior vice president can instruct the district manager to 
    provide more information to supplement the record. Each such 
    instruction and the response must be added to the record. The decision 
    on the proposal of the district manager, which must also be added to 
    the record, may approve or disapprove the proposal, or return it for 
    further action as set forth below.
        (2) Approval. The chief marketing officer/senior vice president or 
    a designee may approve the proposal of the district manager, Customer 
    Service and Sales, with or without further revisions. If approved, the 
    term ``Final Determination'' is substituted for ``Proposal'' in the 
    title. A copy of the Final Determination must be provided to the 
    district manager. The Final Determination constitutes the Postal 
    Service determination for the purposes of 39 U.S.C. 404(b). The Final 
    Determination must include the following notices:
    * * * * *
        (3) Disapproval. The chief marketing officer/senior vice president 
    or a designee may disapprove the proposal of the district manager, 
    Customer Service and Sales, and return it and the record to the manager 
    with written reasons for disapproval. The manager must post a notice in 
    each affected post office that the proposed closing or consolidation 
    has been determined to be unwarranted.
        (4) Return for further action. The chief marketing officer/senior 
    vice president or a designee may return the proposal of the district 
    manager, Customer Service and Sales, with written instructions to give 
    additional consideration to matters in the record, or to obtain 
    additional information. Such instructions must be placed in the record.
        (5) Public file. Copies of each Final Determination and each 
    disapproval of a proposal by the chief marketing officer/senior vice 
    president, must be placed on file in the Postal Service Headquarters 
    Library.
        (g) * * *
        (1) * * *
        (i) Provide notice of the Final Determination by posting a copy 
    prominently in the affected post office or offices. The date of posting 
    must be noted on the first page of the posted copy as follows:
    
    ``Date of posting:''
    
        The district manager, Customer Service and Sales, must notify 
    the chief marketing officer/senior vice president in writing of the 
    date of posting.
    * * * * *
        (2) Implementation of determinations not appealed. If no appeal is 
    filed pursuant to 39 U.S.C. 404(b)(5), the official closing date of the 
    office must be published in the Postal Bulletin, effective the first 
    Saturday 90 days after the Final Determination was posted. A district 
    manager, Customer Service and Sales, may request a different date for 
    official discontinuance in the Post Office Change Announcement document 
    submitted to the chief marketing officer/senior vice president. 
    However, the post office may not be discontinued sooner than 60 days 
    after the posting of the notice required by Sec. 241.3(g)(1).
        (3) * * *
        (i) Implementation of discontinuance. If an appeal is filed, only 
    the chief marketing officer/senior vice president may direct a 
    discontinuance before disposition of the appeal. However, the post 
    office may not be discontinued sooner than 60 days after the posting of 
    notice required by Sec. 241.3(g)(1).
    * * * * *
        (4) * * *
        (ii) Determination returned for further consideration. If the 
    Commission returns the matter for further consideration, the chief 
    marketing officer/senior vice president must direct that either (A) 
    notice be provided under Sec. 241.3(f)(3) that the proposed 
    discontinuance is determined not to be warranted or (B) the matter be 
    returned to an appropriate stage under these regulations for further 
    consideration following such instructions as the chief marketing 
    officer/senior vice president may provide.
    Stanley F. Mires,
    Chief Counsel, Legislative.
    [FR Doc. 95-15096 Filed 6-20-95; 8:45 am]
    BILLING CODE 7710-12-P
    
    

Document Information

Effective Date:
6/21/1995
Published:
06/21/1995
Department:
Postal Service
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-15096
Dates:
June 21, 1995.
Pages:
32272-32273 (2 pages)
PDF File:
95-15096.pdf
CFR: (1)
39 CFR 241.3