[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]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 241
Discontinuance of Post Offices
AGENCY: Postal Service.
ACTION: Final rule.
-----------------------------------------------------------------------
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