[Federal Register Volume 71, Number 178 (Thursday, September 14, 2006)]
[Rules and Regulations]
[Pages 54198-54199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15111]


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POSTAL SERVICE

39 CFR Parts 111 and 958


Post Office Box and Caller Service

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: This final rule transfers responsibility for final agency 
decisions in connection with Post OfficeTM box termination, 
caller service termination, and denial of service appeals from the 
Judicial Officer Department to the vice president and Consumer 
Advocate.

DATES: Effective Date: September 1, 2006.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony F. Alverno, Chief Counsel, 
Customer Programs, 202-268-2997.

SUPPLEMENTARY INFORMATION: At present, if a postmaster denies a 
customer's application for Post Office box or caller service or 
terminates a customer's Post Office box or caller service, the 
postmaster must issue a written letter explaining his or her decision 
and include a copy of the

[[Page 54199]]

relevant regulations relating to the customer's appeal rights. If the 
customer appeals, his or her appeal letter is forwarded to the Judicial 
Officer Department. In the event of an appeal, a Postal 
ServiceTM attorney must consult with the postmaster or Post 
Office box clerk and prepare an answer to the customer's petition. In 
most cases, the Postal Service counsel files a summary judgment motion 
with the answer. The summary judgment motion often includes a 
declaration from the postmaster. After the answer summary judgment 
motion is filed, the customer is given a chance to reply. Thereafter, 
the administrative law judge (ALJ) renders a decision on the motion. If 
the ALJ decides that summary judgment is not warranted, a hearing is 
scheduled. After the hearing, the ALJ decides the matter on the merits. 
If the ALJ grants summary judgment, the customer is given the 
opportunity to appeal to the judicial officer. In the event of an 
appeal to that level, the law department prepares a written response to 
the appeal. Alternatively, if the ALJ decides in favor of the customer, 
the law department may file an appeal.
    Considerable resources can be spent on a single case. Many of these 
costs can be avoided if the appeals process is changed. Also, the 
appeal process should move more swiftly if handled by postal 
management.
    The Postal Service is transferring responsibility for adjudication 
of appeals from the Judicial Officer Department to a Postal Service 
management level official. There is no statutory requirement that Post 
Office box or caller service termination decisions or application 
denials be subject to a formal administrative hearing before an ALJ. 
Moreover, past decisions by the Judicial Officer Department have held 
there is no right to a Post Office box.
    The legal basis for changing procedures is grounded in the Postal 
Reorganization Act, which provides that the Postal Service is 
authorized to adopt, amend, and repeal such rules and regulations as it 
deems necessary. Further, the responsibilities of the judicial officer 
do not require review of any particular controversy. Rather, the act 
provides that [t]he judicial officer shall perform such quasi-judicial 
duties * * * as the Postmaster General may designate'' (39 U.S.C. 204).
    In lieu of granting a right of appeal to the Judicial Officer 
Department, the vice president and Consumer Advocate will be given 
decision-making power to review and decide Post Office box and caller 
service appeals. This will be more efficient, give the consumer 
expeditious resolution, and save the Postal Service considerable 
professional and labor time and travel expense. The Consumer Advocate 
is a neutral and impartial arbiter of consumer claims and is already 
the final arbiter for appeals of domestic and international indemnity 
claims for loss or damage (Mailing Standards of the United States 
Postal Service, Domestic Mail Manual (DMM[supreg]) 609.6 and 
International Mail Manual 931.3) and for appeals of local handling of 
complaints and inquiries about postal products, services or employees 
(DMM 608.6.1).
    Any pending actions filed with the recorder's office before the 
effective date will be handled under the regulations in effect on the 
date the appeal was received.

List of Subjects in 39 CFR Parts 111 and 958

    Administrative practice and procedure.


0
For the reasons set out in this document, the Postal Service removes 39 
CFR part 958 and adopts the following amendments to the DMM, which is 
incorporated by reference in the CFR. See 39 CFR 111.1.
0
Accordingly, 39 CFR part 111 is amended as follows:

PART 111--[AMENDED]

    1. The authority citation for 39 CFR part 111 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 
416, 3001-3011, 3201-3219, 3403-3406, 3621, 5001.

PART 958--[REMOVED AND RESERVED]

0
2. Remove and reserve Part 958.

0
3. Revise the following sections of Mailing Standards of the United 
States Postal Service, Domestic Mail Manual (DMM), as follows:
    Mailing Standards of the United States Postal Service, Domestic 
Mail Manual
* * * * *

500 Additional Mailing Services

* * * * *

508 Recipient Services

* * * * *
4.0 Post Office Box Service
* * * * *

4.9 Service Refusal or Termination

* * * * *

4.9.3 Customer Appeal

    The applicant or box customer may file a petition appealing the 
postmaster's determination to refuse or terminate service within 20 
calendar days after notice as specified in the postmaster's 
determination. The filing of a petition prevents the postmaster's 
determination from taking effect and transfers the case to the USPS 
Consumer Advocate. The Consumer Advocate's decision constitutes the 
final agency decision.
* * * * *
5.0 Caller Service
* * * * *

5.7 Service Refusal or Termination

* * * * *

5.7.3 Customer Appeal

    The applicant or caller may file a petition opposing the 
postmaster's determination to refuse or terminate service within 20 
calendar days after notice, as specified in the postmaster's 
determination. The filing of a petition prevents the postmaster's 
determination from taking effect and transfers the case to the USPS 
Consumer Advocate. The Consumer Advocate's decision constitutes the 
final agency decision.
* * * * *

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E6-15111 Filed 9-13-06; 8:45 am]
BILLING CODE 7710-12-P