[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Rules and Regulations]
[Pages 11536-11537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5402]



[[Page 11536]]

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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 final rule amends the regulations for the establishment, 
classification, and discontinuance of Post OfficesTM.

DATES: The rule is effective March 11, 2004.

FOR FURTHER INFORMATION CONTACT: Fred Hintenach, manager of Customer 
Service Operations, at (202) 268-5045, or by fax at (202) 268-5102.

SUPPLEMENTARY INFORMATION: The United States Postal Service[reg] is 
publishing amendments to 39 CFR Part 241.3, specifically related to the 
discontinuance of Post Offices to incorporate regulation changes 
concerning ZIP CodeTM retention at discontinued offices, as 
well as the approval authority related to final actions on 
discontinuances.

List of Subjects in 39 CFR Part 241

    Postal Service.

PART 241--ESTABLISHMENT CLARIFICATION AND DISCONTINUANCE

0
1. The authority citation for 39 CFR Part 241 continues to read as 
follows:

    Authority: 39 U.S.C. 401, 404.


Sec.  241.3  [Amended]

0
2. Section 241.3 is amended by revising paragraphs (b)(2) introductory 
text and (b)(2)(i), (d)(4) introductory text, (e)(2)(ii)(A), (f)(1), 
(f)(2) introductory text, (f)(3) through (f)(5), (g)(1)(i), (g)(2), 
(g)(3)(i), (g)(3)(ii) introductory text, and (g)(4)(ii) to read as 
follows:


Sec.  241.3  Discontinuance of post offices.

* * * * *
    (b) * * *
* * * * *
    (2) ZIP Code assignment. The ZIP Code for each address formerly 
served from the discontinued post office should be kept, wherever 
practical. In some cases, the ZIP Code originally assigned to the 
discontinued post office may be changed if the responsible district 
manager, Customer Service and Sales, submits a request with 
justification to his or her vice president, Area Operations, before the 
proposal to discontinue the post office is posted.
    (i) In a consolidation, the ZIP Code for the replacement community 
post office, station, or branch is the ZIP Code originally assigned to 
the discontinued post office.
* * * * *
    (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 vice president, Delivery and Retail, all the documentation 
gathered about the proposed change.
* * * * *
    (e) * * *
    (2) * * *
    (ii) * * *
    (A) Forward the revised proposal and the entire record to the vice 
president, Delivery and Retail.
* * * * *
    (f) * * *
    (1) In general. The vice president, Delivery and Retail, 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 vice president, Delivery and Retail, 
can instruct the district manager to provide more information to 
supplement the record. Each 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 in this 
paragraph (f).
    (2) Approval. The vice president, Delivery and Retail 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 vice president, Delivery and Retail, 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 vice president, Delivery and 
Retail, 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 vice president, Delivery and Retail, 
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 vice president, Delivery and Retail, 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 vice president, Delivery and Retail. However, the post 
office may not be discontinued sooner than 60 days after the posting of 
the notice required by paragraph (g)(1) of this section.
    (3) * * * (i) Implementation of discontinuance. If an appeal is 
filed, only the vice president, Delivery and Retail, 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 paragraph (g)(1) of this section.
    (ii) Display of appeal documents. Legal Policy and Ratemaking Law, 
Postal Service General Counsel, must provide the district manager, 
Customer Service and Sales, with copies of all pleadings, notices, 
orders, briefs, and opinions filed in the appeal proceeding.
* * * * *
    (4) * * *
    (ii) Determination returned for further consideration. If the 
Commission returns the matter for further consideration, the vice 
president, Delivery and Retail, must direct that either:
    (A) Notice be provided under paragraph (f)(3) of this section that 
the

[[Page 11537]]

proposed discontinuance is determined not to be warranted or
    (B) The matter be returned to an appropriate stage under this 
section for further consideration following such instructions as the 
vice president, Delivery and Retail, may provide.

Neva R. Watson,
Attorney, Legislative.
[FR Doc. 04-5402 Filed 3-10-04; 8:45 am]
BILLING CODE 7710-12-P