[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Proposed Rules]
[Pages 54179-54185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22009]


=======================================================================
-----------------------------------------------------------------------

POSTAL REGULATORY COMMISSION

39 CFR Parts 3001 and 3025

[Docket No. RM2011-13; Order No. 814]


Appeals of Post Office Closings

AGENCY: Postal Regulatory Commission.

ACTION: Proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This document proposes revisions to the Commission's rules for 
appeals of post office closings. The existing rules are unnecessarily 
complex and outmoded. The revisions update the rules and shorten the 
appeal process. They also provide a clearer explanation of the appeal 
process, of how to participate in that process, and of the nature of 
the Commission's review. The Commission invites comments on the 
proposed revisions.

DATES: Comments are due: October 3, 2011.

ADDRESSES: Submit comments electronically by accessing the ``Filing 
Online'' link in the banner at the top of the Commission's Web site 
(http://www.prc.gov) or by directly accessing the Commission's Filing 
Online system at https://www.prc.gov/prc-pages/filing-onling/login.aspx. Commenters who cannot submit their views electronically 
should contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section for advice on alternatives to electronic filing.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
at 202-789-6820 (for proposal-related information) or 
[email protected] (for electronic filing assistance.)

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. Advantages of the New Rules
III. Obsolete Practices
IV. New Postal Service Regulations
V. Appeals From Closings of Stations and Branches
VI. Suspended Offices
VII. Section-by-Section Analysis
VIII. Conclusion

I. Introduction

    Section 404(d)(5) of title 39, U.S. Code, provides that when the 
Postal Service makes a decision to close or consolidate a post office, 
customers of the post office may appeal the decision to the Postal 
Regulatory Commission. The Commission's rules governing such

[[Page 54180]]

appeals were adopted over 30 years ago in 1977 and are unnecessarily 
complex. The Commission's practices have evolved since then. Also, the 
Postal Service has recently revised its rules setting out procedures 
for the closing or consolidation of post offices. Accordingly, the 
Commission proposes revisions to its rules governing appeals of post 
office closings and consolidations to make them more accurately reflect 
current practices and more user friendly.

II. Advantages of the New Rules

    The new rules streamline the procedures for appeals. Under current 
practice, the Commission posts petitions for review on its Web site and 
sends a notice (PRC Form 56) to the Postal Service. See, e.g., Docket 
No. A2011-14, Notice of Filing Under 39 U.S.C. 404(d), May 5, 2011. 
Under the new rules this procedural step will be unnecessary. The 
posting of documents on the Commission's Web site has become the 
standard method of serving documents. 39 CFR 3001.12. The posting of a 
petition for review on the Commission's Web site will provide notice to 
the Postal Service of an appeal.
    The new rules simplify the procedures for persons wishing to appeal 
a post office closing or consolidation. The new rules excuse 
petitioners and persons other than the Postal Service from electronic 
filing requirements. Since the Commission's electronic filing 
requirements were enacted, numerous requests for waiver of those 
requirements have accompanied appeals of post office closings or 
consolidations. The Commission has always granted waivers and allowed 
appeals filed by First-Class Mail. The requirement to obtain a waiver 
of those requirements places unnecessary burdens on persons appealing a 
post office closing or consolidation.
    The new rules also excuse participants who choose to file by First-
Class Mail from service on other participants. The new rules provide 
for service of documents by First-Class Mail to participants (but not 
the Postal Service) who do not use Filing Online. The Secretary of the 
Commission would be responsible for sending the documents by mail. This 
rule only would apply to appeals of post office closings and 
consolidations. The administrative record would not be served by mail. 
Rather, the Postal Service would have to notify by First-Class Mail 
participants who do not use electronic filing both when the 
administrative record is filed and where it is available for review. 
The Postal Service must make the administrative record and all filings 
in the appeal available at the post office to be closed or consolidated 
and at post offices likely to serve a significant number of customers 
of the post office under study.
    The new rules remove the requirement for participants to file a 
notice of intervention. Rather, interested persons may simply file 
comments or briefs by deadlines established in these rules. The new 
rules reflect Commission practice to accept comments or statements 
without requiring a notice of intervention.
    The new rules specifically clarify that when a retail facility is 
relocated within a community so that the number of facilities within 
that community does not change, that relocation is not a closing that 
can be appealed to the Commission.
    The current rules are unnecessarily difficult to understand. See, 
e.g., Docket No. A2011-15, Initial Brief in Support of Petition, June 
7, 2011, at 15 (suggesting a need for ``[b]etter notification of the 
right to appeal and more detailed guidance for a layperson undertaking 
a highly legalistic venture * * *.''). Most petitioners are not lawyers 
and do not employ counsel. Accordingly, the Commission has edited the 
rules by shortening sentences and removing legal jargon wherever 
possible.
    The new rules are intended to eliminate delay in filing the 
administrative record. In appeals of the closings of stations and 
branches, the Postal Service has previously not filed an administrative 
record because ``In the Postal Service's view, the discontinuance of [a 
s]tation does not require an official administrative record conforming 
to Post Office discontinuance regulations in 39 CFR Part 241.3 and 
Handbook PO-101. * * *'' Docket No. A2011-16, Notice of United States 
Postal Service, May 31, 2011, at 1-2. In some cases this has resulted 
in unnecessary expense and delay. See, e.g., Docket No. A2011-16, City 
of Akron, Ohio's Motion to Compel Administrative Record and Extend the 
Deadline for Petitioner and City of Akron, Ohio to File Form 61 and/or 
an Initial Brief, June 10, 2011. In other cases, the Commission has had 
to obtain the administrative record by issuing an information request. 
See, e.g., Docket No. A2011-13, Commission Information Request No. 1, 
June 9, 2011. This, in turn, has caused delay in the filing of briefs. 
See, e.g., Docket No. A2011-16, Order Granting Extension and Modifying 
Procedural Schedule, June 23, 2011.
    The Postal Service has now revised its regulations so that the 
rules for creating an administrative record apply when the Postal 
Service considers closing or consolidating any Postal Service operated 
retail facility. 39 CFR 241.3(a)(1)(i), 76 FR 41420 (July 14, 2011). 
However, the Postal Service's new rules do not apply to closings or 
consolidations that were already under study prior to July 14, 2011. 39 
CFR 241.3(a)(1)(ii), 76 FR 41420 (July 14, 2011). Thus, the Commission 
may still receive appeals in which the supporting documentation was 
created ``pursuant to specially crafted procedures for stations and 
branches'' and is not considered by the Postal Service to be a proper 
``administrative record.'' Docket No. A2011-17, United States Postal 
Service Notice of Filing and Application for Non-Public Status, July 1, 
2011, at 2. In order to forestall delays of the type described above, 
the Commission is defining ``administrative record'' to include all the 
documentation that supports the decision for which review is sought.
    The new rules provide for a more rapid procedural schedule. The 
administrative record is due 10 days after the posting of a petition 
for review on the Commission's Web site. The current rules provide 15 
days. The shortening of this time should not present difficulties for 
the Postal Service. The Postal Service has stated that documents 
regarding closings and consolidations are ``typically transmitted 
electronically * * *.'' 76 FR 17794, 17796 (March 31, 2011). If the 
administrative record is in electronic form, it should be easy to file 
it electronically within 10 days.
    Petitioner's statement or brief is due 20 days after the filing of 
the administrative record. This is the same amount of time provided 
under the current rules. The responsive brief or statement of the 
Postal Service is due 14 days from the filing of petitioner's statement 
or brief. This has been shortened from 20 days under the current rules. 
The reply to the Postal Service response is due 7 days from the filing 
of the response. This has been shortened from 15 days under the current 
rules. The new deadlines will allow for speedier decisions. Although by 
law the Commission has up to 120 days to issue its decision in these 
cases, Commission decisions would now be expected to issue within 75 
days.
    Section 404(d)(5) grants the Commission authority to suspend the 
effectiveness of a final determination until an appeal has been 
decided. The existing rules require an appellant or intervenor to file 
an application for

[[Page 54181]]

suspension and allow 10 days for a Postal Service answer. The new rules 
simply suspend the effectiveness of a final determination until an 
appeal is decided. The Commission believes that, absent extraordinary 
circumstances, no post office should be closed or consolidated if an 
appeal is pending, and requiring a petitioner to apply for a suspension 
causes unnecessary paperwork for both the petitioner and for the Postal 
Service. However, the Commission recognizes that this proposed rule 
could lead to some additional expense for the Postal Service. 
Therefore, the Postal Service is requested to address this potential 
with reference to the Commission's expectation that the revisions in 
these rules should allow more rapid decisions on appeals.

III. Obsolete Practices

    Several features of the existing rules do not reflect current 
practice. The existing rules prescribe the content of briefs in great 
detail. In recent years briefs have seldom been filed. Petitioners, for 
the most part, file PRC Form 61, which provides a template for 
petitioners to use for submitting their arguments, in lieu of an 
initial brief, and the Postal Service has taken to filing comments in 
lieu of an answering brief. Petitioners rarely file reply briefs, 
although they sometimes send a letter disputing the Postal Service's 
comments. The new rules establish that petitioners and other interested 
persons may file comments in addition to or in place of a brief. The 
new rules also delete the detailed format and content requirements for 
briefs.
    An oral argument has never been held in an appeal of a post office 
closing or consolidation. The current rules allow for oral argument 
only under unusual circumstances. The Commission has decided to remove 
the rule providing for oral argument. The Commission's experience with 
appeals of post office closings and consolidations reveals that written 
pleadings provide sufficient bases for decisions.

IV. New Postal Service Regulations

    The Postal Service recently adopted new regulations governing the 
closing or consolidation of post offices. 76 FR 41413 (July 14, 2011). 
According to the Postal Service, the Commission's advisory opinion on 
the closing of stations and branches in Docket No. N2009-1 ``had a 
major influence on the Postal Service's larger effort to revise its 
discontinuance procedures * * *.'' \1\ Id. at 41418. The Commission 
appreciates the Postal Service's responsiveness to the recommendations 
in that opinion.
---------------------------------------------------------------------------

    \1\ Docket No. N2009-1, Advisory Opinion Concerning the Process 
for Evaluating Closing Stations and Branches, March 10, 2010 (Docket 
No. N2009-1 Advisory Opinion).
---------------------------------------------------------------------------

    The Postal Service's new regulations set out a three-stage 
procedure for closing or consolidating Postal Service operated retail 
facilities. The Postal Service has taken a major step by applying the 
same rules to the closing of stations and branches as apply to the 
closing or consolidation of post offices. This was one of the principle 
recommendations in the Commission's advisory opinion.
    The first stage of the closing process is an ``initial feasibility 
study.'' 39 CFR 241.3(a)(5); 76 FR 41421. Such a feasibility study may 
be initiated by a district manager or the responsible headquarters vice 
president. The feasibility study is preliminary to the statutorily 
mandated stages of proposal and written determination. See 39 U.S.C. 
404(d)(1), (3). During the feasibility study, customers must be sent a 
questionnaire and notice that the facility is under study for closing 
or consolidation. The Postal Service has also expanded the types of 
customers who must receive notice by mail. These steps are a response 
to Commission recommendations that all potential customers of a 
facility receive actual notice of possible closing. 76 FR 41418.
    The second stage of the closing process is publication of a formal 
proposal to close. Section 404(d)(1) of title 39, United States Code, 
requires the Postal Service to give ``adequate'' notice of its intent 
to close or consolidate a post office to persons served by that post 
office. Prior to adopting new rules, the Postal Service's practice of 
giving notice varied. The Postal Service has been known to send notice 
of intent to close (in the form of questionnaires) to thousands of 
customers of a station or branch. See Docket No. A2011-8, Comments of 
the United States Postal Service, April 11, 2011, at 2-3. On the other 
hand, the Postal Service has sent letters just to ``community 
leaders.'' Docket No. A2011-12, Notice of United States Postal Service, 
April 12, 2011, at 3. In the case of suspended post offices, the Postal 
Service posted a notice in some other post office. Docket No. A2011-3, 
Order Dismissing Appeal, February 11, 2011, at 3. Adequate notice is 
essential so that patrons can communicate their concerns prior to a 
final determination and have an opportunity to correct Postal Service 
errors by appealing a final determination. The Postal Service's new 
rules now require that better notice be given to all patrons of post 
offices, stations, and branches even if a facility is suspended.
    The Postal Service's new regulations provide that notice of a 
proposed closing or consolidation must be posted at the facility being 
studied and at nearby facilities. An invitation to comment must also be 
posted at those facilities. 39 CFR 241.3(d)(1); 76 FR 41423. Customers 
must be given 60 days to submit comments, 39 CFR 241.3(d)(2), and a 
public meeting with customers must be held. Id. at 241.3(d)(3). The new 
Postal Service regulations represent an expansion of notice and comment 
opportunities. Previously, notice of a proposal to close might only be 
posted in the facility being studied. Customers of stations and 
branches had only 10 days to comment. Holding a public meeting was 
optional. The Commission recommended these expansions in its Docket No. 
N2009-1 Advisory Opinion on station and branch closings. These new 
procedures will significantly reduce concerns about the adequacy of 
notice and may well reduce the number of appeals.
    The third stage of the closing process is publication of a written 
determination to close. By statute, the written determination must ``be 
made available to persons served by'' the post office to be closed or 
consolidated. 39 U.S.C. 404(d)(3). Patrons of the post office to be 
closed are entitled to appeal to the Postal Regulatory Commission. The 
Commission's rules have always required the Postal Service to give 
notice to patrons of their right to appeal. See 39 CFR 3001.110. The 
Postal Service's former rules had a similar provision. See former 39 
CFR 241.3(f)(2)(ii) (2009). The Postal Service's new rules retain this 
provision, but do not require notice of appeal rights to cover stations 
and branches. 39 CFR 241.3(f)(2)(ii); 76 FR 41424. Proposed rule 
3025.3(b) applies the Commission determination that patrons of any 
Postal Service operated retail facility may appeal a Postal Service 
determination to close or consolidate that facility.
    In summary, the Postal Service has responded to many of the 
concerns expressed in the Commission's Advisory Opinion on closing of 
stations and branches. During its initial feasibility study, the Postal 
Service will mail notices and questionnaires to all delivery addresses 
in the Zip Code of the post office under study and to delivery 
addresses for which the post office under study provides allied 
delivery services. During the proposal and final determination stages, 
the Postal Service will post notice at the

[[Page 54182]]

post office under study, at the post office that will serve as a 
supervising facility, and at any retail facility likely to serve a 
significant number of customers of the facility under study. These 
steps will help ensure that customers receive adequate notice of 
possible closings and consolidations of post offices.

V. Appeals From Closings of Stations and Branches

    There has been disagreement and resulting confusion about the scope 
of the Commission's authority under section 404(d)(5) to hear appeals 
of a ``determination by the Postal Service to close or consolidate any 
post office * * *.'' The Commission seeks to clarify the scope of its 
authority and eliminate any public confusion on when persons served by 
a particular office may appeal a determination to close or consolidate 
that office. Thus, the Commission includes a proposed definition of the 
term ``post office'' as it is used in these rules governing appeals of 
closings and consolidations.\2\
---------------------------------------------------------------------------

    \2\ The definition of this term in the context of appeals of 
determinations to close or consolidate offices does not prevent the 
Postal Service from attaching a different meaning to that term for 
internal administrative or other purposes.
---------------------------------------------------------------------------

    The Commission believes that its proposed definition, that ``post 
office'' means ``a Postal Service operated retail facility'' reflects 
the plain meaning of the term ``post office'' as it is used in section 
404(d)(5). The Commission has always considered retail outlets 
classified as stations and branches by the Postal Service for internal 
administrative purposes to be included within the terms ``post 
offices'' and ``offices'' appearing in section 404(d)(5). See Docket 
No. N2009-1, Advisory Opinion at 65. In interpreting the scope of its 
authority under that section, the Commission has consistently held that 
persons served by stations and branches have the right to appeal 
determinations to close their offices.
    The Postal Service has argued that the Commission has been 
inconsistent in its decisions allowing appeals relating to various 
types of retail facilities. See Docket No. A2010-3, Comments of United 
States Postal Service Regarding Jurisdiction Under (Current) Section 
404(d), April 19, 2010, at 10-19 (Docket No. A2010-3 Comments). These 
alleged inconsistencies evaporate, however, when one distinguishes 
cases finding sufficient conditions for appealability from cases 
establishing necessary conditions. The Postal Service has interpreted 
cases establishing a basis for Commission jurisdiction as if they 
established the basis for jurisdiction. For example, the Postal Service 
cites Docket No. A83-30, Knob Creek, WV, as establishing a standard 
that section 404(d) only applies when a closed retail facility is the 
only retail facility in a community. Docket No. A2010-3 Comments at 10-
11. However, the Commission was careful to state

    An important intent, but not the only one, of Congress was to 
apply Sec.  404(b) to the closing of the sole postal retail facility 
serving a community.

Docket No. A83-30, Commission Opinion Remanding Determination for 
Further Consideration, January 18, 1984, at 8 (emphasis added) (Docket 
No. A83-30 Opinion). That opinion also relied on the definition of 
``post office''--a retail facility where patrons may purchase postal 
services, and dispatch and possibly receive mail--that is consistent, 
albeit less precise, than the one proposed herein. Id. at 3. There was 
certainly no declaration that section 404(d) (then 404(b)) applied only 
to the closing or consolidation of the sole retail facility in a 
community.
    The Commission will carefully review alternative definitions 
offered by the Postal Service and any other interested commenters. A 
thorough review of the issue and the establishment of a clear and 
understandable definition through rulemaking will eliminate confusion 
to the benefit of the Commission, the Postal Service, and all postal 
patrons.

VI. Suspended Offices

    The Commission welcomes the Postal Service's establishment of 
uniform notice requirements. These new requirements represent the clear 
intent of the Postal Service to take reasonable steps to ensure that 
patrons receive actual notice of proposals to close and of final 
determinations to close. The Commission's concern that patrons receive 
actual notice was expressed in its advisory opinion on station and 
branch closings and in its comments on the Postal Service's proposed 
rules for closings and consolidations. However, that concern persists 
with respect to post offices where service was suspended prior to the 
initiation of the three-step process. Patrons of suspended post offices 
have complained that the posting of a proposal to close or a final 
determination at a distant post office fails to provide adequate 
notice. See, e.g., Docket No. A2011-3, Request to File an Appeal 
Regarding the Final Determination to Close the Suspended Graves Mill, 
VA Post Office and Continue to Provide Rural Route Service, November 
22, 2010, at 3 (suggesting that the Postal Service should have notified 
customers by letter that a final determination to close a suspended 
office had been posted at distant post offices).
    The Postal Service's new rules do not specifically change the 
practice of posting at potentially distant post offices proposals to 
close and final determinations to close suspended post offices. 39 CFR 
241.3(d)(1)(iv), 241.3(g)(1)(i); 76 FR 41423-24. The Commission 
proposes rule 3025.3(c) requiring that customers of suspended post 
offices receive notice of proposals to close and final determinations 
by First-Class Mail. If providing such notice is likely to unduly 
burden the Postal Service, it should discuss the issue in its comments 
on these rules.

VII. Section-by-Section Analysis

    Paragraph 3001.9(a) is amended by revising it to allow participants 
(other than the Postal Service) in appeals of post office closings and 
consolidations to file hard-copy documents.
    Section 3001.10, concerning the form and number of copies of 
documents, is amended by revising it so as not to apply to participants 
(other than the Postal Service) in appeals of post office closings and 
consolidations.
    Paragraph 3001.12(a) is amended by revising it to provide for 
service of documents (other than an administrative record) by the 
Secretary on participants (other than the Postal Service) in appeals of 
post office closings and consolidations who do not use Filing Online.
    Paragraph 3001.17(b) is amended by revising it to change a 
reference from subpart H, which is being repealed, to part 3025.
    Subpart H of part 3001 of chapter III of title 39 which deals with 
appeals of post office closings and consolidations, is removed in its 
entirety.
    A new section 3025.1 provides definitions of the terms ``final 
determination,'' ``administrative record,'' ``petitioner,'' ``post 
office,'' and ``relocate.'' The definition of ``post office'' makes 
clear that stations and branches are post offices for purposes of 
appealing a closing or consolidation.
    Section 3025.2 replaces Sec.  3001.110. New Sec.  3025.2 sets out 
when the rules of part 3025 apply. A new paragraph has been added 
clarifying that the relocation of a post office within a community is 
not a closing or consolidation.
    Section 3025.3 contains new notice requirements. If the Postal 
Service decides to propose to close or consolidate a post office, it 
must give to all persons served by that post office notice of its 
intent to close or consolidate. The notice must inform patrons that 
they may submit

[[Page 54183]]

comments, state the deadline for filing comments, and identify the 
address to which comments should be sent. If the Postal Service makes a 
final determination to close or consolidate a post office, it must 
notify patrons of the post office and make the final determination 
prominently available at the post office. Patrons must be informed that 
a person served by the post office may appeal to the Postal Regulatory 
Commission within 30 days of the availability of the final 
determination. For customers of suspended post offices, notice must be 
given by First-Class Mail.
    Sections 3025.10 through 3025.14 replace Sec.  3001.111. Section 
3025.10 states that an appeal can be initiated simply by notifying the 
Commission in writing. Any such notification that includes the name and 
address of petitioner, the name or location of the post office, and 
that petitioner is served by the post office will be treated as a 
Petition for Review. The latter is a statutory requirement.
    Section 3025.11 explains how to send an appeal to the Commission--
either by mail or by filing electronically.
    Section 3025.12 states that multiple appeals of the same closing or 
consolidation will be merged into a single docket.
    Section 3025.13 sets out deadlines for filing appeals.
    Section 3025.14 allows for comments from other interested parties. 
Persons submitting comments must either be served by the office to be 
closed or consolidated or have a demonstrable interest in the closing 
or consolidation.
    Section 3025.20 describes the record created by the Postal Service 
that the Commission reviews. It also provides that participants in an 
appeal may dispute factual matters or conclusions drawn in the record, 
and that the Commission may take official notice of facts (e.g., census 
data) that might be judicially noticed by the courts of the United 
States, or of any other matter within the general knowledge of the 
Commission as an expert agency.
    Section 3025.21 requires the Postal Service to file the 
administrative record within 10 days of the posting of a petition for 
review on the Commission's Web site. This section also requires the 
Postal Service to notify participants who do not use filing online when 
the administrative record is filed. Notification is by First-Class 
Mail.
    Section 3025.22 provides that all filings, including the 
administrative record, related to an appeal are to be available for 
public inspection at the post office whose closing or consolidation is 
under review. If the post office has been suspended or closed, the 
filings are to be available at the nearest open post office.
    Section 3025.30 suspends the closure or consolidation of a post 
office until the appeal is resolved.
    Section 3025.40 describes how PRC Form 61 serves as a means for 
petitioners and other participants to submit their views to the 
Commission. This section also describes the instructions to be included 
with the form.
    Section 3025.41 provides that petitioner's statement or brief (and 
the statements or briefs of participants supporting petitioner) are due 
20 days after the filing of the administrative record.
    Section 3025.42 provides that the Postal Service's statement or 
brief (and the statements or briefs of participants supporting the 
Postal Service) are due 14 days after the date the filing of 
petitioner's statement or brief.
    Section 3025.43 provides that petitioner, and participants 
supporting petitioner, may file a reply to the Postal Service's 
response within 7 days of the date the response is filed. This section 
limits replies to issues discussed in the Postal Service response.

VIII. Conclusion

    The Commission seeks comments on its proposed rules applicable to 
appeals of Postal Service determinations to close or consolidate post 
offices.
    It Is Ordered:
    1. Comments on proposed part 3025 of chapter III of title 39, Code 
of Federal Regulations, are due October 3, 2011.
    2. The Commission designates Richard A. Oliver to represent the 
interests of the general public in this proceeding.
    3. The Secretary shall arrange for publication of this notice in 
the Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.

List of Subjects

Part 3001

    Administrative practice and procedure; Freedom of information; 
Postal Service; Sunshine Act.

Part 3025

    Administrative practice and procedure; Postal Service.

    For the reasons discussed in the preamble, the Postal Regulatory 
Commission proposes to amend chapter III of title 39 of the Code of 
Federal Regulations as follows.

PART 3001--[Amended]

    1. The authority citation for part 3001 continues to read as 
follows:

    Authority:  39 U.S.C. 404(d); 503; 504; 3661.

Subpart A--Rules of General Applicability

    2. In Sec.  3001.9, revise paragraph (a) to read as follows:

Subpart A--Rules of General Applicability

* * * * *


Sec.  3001.9  Filing of documents.

    (a) Filing with the Commission. The filing of each written document 
required or authorized by these rules or any applicable statute, rule, 
regulation, or order of the Commission, or by direction of the 
presiding officer, shall be made using the Internet (Filing Online) 
pursuant to Sec.  3001.10(a) at the Commission's Web site (http://www.prc.gov), unless a waiver is obtained. If a waiver is obtained, a 
hardcopy document may be filed either by mailing or by hand delivery to 
the Office of the Secretary, Postal Regulatory Commission, 901 New York 
Ave., NW., Suite 200, Washington, DC 20268-0001 during regular business 
hours on a date no later than that specified for such filing. The 
requirements of this section do not apply to participants other than 
the Postal Service in proceedings conducted pursuant to part 3025 of 
this chapter.
* * * * *
    3. In Sec.  3001.10, add paragraph (d) to read as follows:


Sec.  3001.10  Form and number of copies of documents.

* * * * *
    (d) Exception for appeals of post office closings and 
consolidations.
    The requirements of this section do not apply to participants other 
than the Postal Service in proceedings conducted pursuant to part 3025 
of this chapter.
    4. In Sec.  3001.12, add new paragraph (a)(3) to read as follows:


Sec.  3001.12  Service of documents.

    (a) * * *
    (3). In proceedings conducted pursuant to part 3025 of this 
chapter, the Secretary will serve documents (except an administrative 
record) on participants who do not use Filing Online. Service will be 
by First-Class Mail.
* * * * *
    5. In Sec.  3001.17, revise paragraph (b) to read as follows:

[[Page 54184]]

Sec.  3001.17  Notice of proceeding.

* * * * *
    (b) Appellate proceedings under 39 U.S.C. 404(d).
    The Commission shall issue a notice of proceeding to be determined 
on a record compiled by the Postal Service whenever:
    (1) An appeal of a determination to close or consolidate a post 
office is taken to the Postal Regulatory Commission pursuant to part 
3025 of this chapter; or
    (2) An application to suspend the effective date of a determination 
of the Postal Service to close or consolidate a post office pending 
appeal to the Postal Regulatory Commission is made pursuant to part 
3025 of this chapter.
* * * * *

Subpart H--[Removed]

    5. Subpart H consisting of Sec. Sec.  3001.10 through 3001.117, is 
removed.
    6. Add Part 3025, to read as follows:

PART 3025--RULES FOR APPEALS OF POSTAL SERVICE DETERMINATIONS TO 
CLOSE OR CONSOLIDATE POST OFFICES

Sec.
3025.1 Definitions.
3025.2 Applicability.
3025.3 Notice by the Postal Service.
3025.10 Starting an appeal.
3025.11 Transmitting an appeal.
3025.12 Duplicate appeals.
3025.13 Deadlines for appeals.
3025.14 Participation by others.
3025.20 The record on review.
3025.21 Filing of the administrative record.
3025.22 Making documents available for inspection by the public.
3025.30 Suspension pending review.
3025.40 Participant statement.
3025.41 Due date for participant statement.
3025.42 Due date for Postal Service response.
3025.43 Due date for replies to the Postal Service.

    Authority:  39 U.S.C. 404(d).


Sec.  3025.1  Definitions.

    The following definitions apply in this part:
    (a) Final determination means the written determination and 
findings required by 39 U.S.C. 404(d)(3).
    (b) Administrative record means all documents and materials created 
by the Postal Service or made available by the public to the Postal 
Service for its review in anticipation of the action for which review 
is sought.
    (c) Petitioner means a person who files a document that the 
Commission accepts as an appeal of a post office closing or 
consolidation.
    (d) Post office means a Postal Service-operated retail facility.
    (e) Relocate means that the location of a post office within a 
community changes, but the total number of post offices within the 
community remains the same or increases.


Sec.  3025.2  Applicability.

    (a) The rules in this part apply when:
    (1) The Postal Service decides to close or consolidate a post 
office, and
    (2) A patron of that post office wants to appeal the closing or 
consolidation.
    (b) The following sections in part 3001, subpart A of this chapter 
apply to appeals of post office closings or consolidations: Sec. Sec.  
3001.1 through 3001.9 of this chapter, Sec. Sec.  3001.11 through 
3001.17 of this chapter, and Sec. Sec.  3001.20 through 3001.22 of this 
chapter.
    (c) This part does not apply when the Postal Service relocates a 
post office within a community.


Sec.  3025.3  Notice by the Postal Service.

    (a) Notice of proposal to close or consolidate a post office. If 
the Postal Service proposes to close or consolidate a post office, it 
must give persons served by that post office notice of its intent to 
close or consolidate. This notice must be adequate to reasonably inform 
patrons that they may comment on the proposed closing or consolidation, 
how and where the comments may be submitted, and when the comments are 
due.
    (b) Notice of final determination to close or consolidate a post 
office. When the Postal Service makes a final determination to close or 
consolidate a post office, it must give notice to persons served by 
that post office. The notice must be adequate to reasonably inform them 
that they may file an appeal with the Postal Regulatory Commission 
(http://www.prc.gov) within 30 days of the final determination's being 
made. Notice must be prominently displayed at the post office to be 
closed or consolidated and at the facility(ies) expected to provide 
replacement service.
    (c) Notice of suspension. If a post office to be closed or 
consolidated is suspended, the Postal Service must notify patrons (both 
delivery and retail) by First-Class Mail of both the proposal to close 
or consolidate and the final determination.


Sec.  3025.10  Starting an appeal.

    (a) A Postal Service decision to close or consolidate a post office 
may be appealed by a person served by that office. An appeal is begun 
by notifying the Postal Regulatory Commission in writing. Such a 
notification is known as a Petition for Review.
    (b) The Petition for Review must state that the person(s) 
submitting it is/are served by the post office that the Postal Service 
has decided to close or consolidate. The petition should include the 
name(s) and address(es) of the person(s) filing it and the name or 
location of the post office to be closed. A petitioner may include 
other information deemed pertinent.


Sec.  3025.11  Transmitting an appeal.

    A Petition for Review may be sent by mail or electronically through 
the Commission's Web site, http://www.prc.gov. Petitions for review may 
also be brought to the Commission's offices at 901 New York Avenue, 
NW., Suite 200, Washington, DC 20268-0001.


Sec.  3025.12  Duplicate appeals.

    If the Commission receives more than one Petition for Review of the 
same post office closing or consolidation, the petitions will be 
considered in a single docket.


Sec.  3025.13  Deadlines for appeals.

    (a) In general. If the Postal Service has issued a final 
determination to close or consolidate a post office, an appeal is due 
within 30 days of the final determination's being made available in 
conformance with Sec.  3025.3(b).
    (b) Appeals sent by mail. If sent by mail, a Petition for Review 
must be postmarked no later than 30 days after the final determination 
has been made available.
    (c) Appeals sent by other physical delivery. If sent by some other 
form of physical delivery, a Petition for Review must be received in 
the Commission's Docket Section no later than 4:30 p.m. on the 30th day 
after the final determination has been made available.
    (d) Appeals sent electronically. If submitted electronically, a 
Petition for Review must be received in the Commission's Docket Section 
no later than 4:30 p.m. on the 30th day after the final determination 
has been made available.


Sec.  3025.14  Participation by others.

    (a) Any person:
    (1) Served by a post office to be closed or consolidated, or
    (2) With a demonstrable interest in the closing or consolidation 
may participate in an appeal. A person may participate in an appeal by 
sending written comments to the Postal Regulatory Commission in the 
manner described in Sec.  3025.11.
    (b) Persons may submit comments in support of a petitioner or in 
support of the Postal Service in accordance with the deadlines 
established in this part.

[[Page 54185]]

Commenters may use PRC Form 61, which is available on the Commission's 
Web site, http://www.prc.gov.


Sec.  3025.20  The record on review.

    (a) The record on review includes:
    (1) The final determination;
    (2) The notices to persons served by the post office to be closed 
or consolidated;
    (3) The administrative record;
    (4) All documents submitted in the appeal proceeding; and
    (5) Facts of which the Commission can properly take official 
notice.
    (b) However, a petitioner or commenter may dispute factual matters 
or conclusions drawn in the administrative record.


Sec.  3025.21  Filing of the administrative record.

    The Postal Service shall file the administrative record within 10 
days of the date of posting of a Petition for Review on the 
Commission's Web site. The Commission may alter this time for good 
cause. The Postal Service shall notify participants who do not file 
electronically of the filing of the administrative record. Such 
notification shall be made by First-Class Mail.


Sec.  3025.22  Making documents available for inspection by the public.

    Copies of all filings (including the administrative record) related 
to an appeal shall be available for public inspection at the post 
office whose closure or consolidation is under review. If that post 
office has been suspended or closed, the filings shall be available at 
the nearest open post office. The Postal Service must notify all 
petitioners and commenters of the location(s) (other than the 
Commission offices) where the filings may be inspected. Such 
notification shall be made by First-Class Mail.


Sec.  3025.30  Suspension pending review.

    A final determination to close or consolidate a post office is 
suspended until final disposition by the Commission when a person files 
a timely Petition for Review.


Sec.  3025.40  Participant statement.

    (a) When a timely Petition for Review of a decision to close or 
consolidate a post office is filed, the Secretary shall furnish 
petitioner with a copy of PRC Form 61. This form is designed to inform 
petitioners on how to make a statement of his/her arguments in support 
of the petition.
    (b) The instructions for Form 61 shall provide:
    (1) A concise explanation of the purpose of the form;
    (2) A copy of section 404(d)(2)(A) of title 39, U.S. Code; and
    (3) Notification that, if petitioner prefers, he or she may file a 
brief in lieu of or in addition to completing PRC Form 61.


Sec.  3025.41  Due date for participant statement.

    The statement or brief of petitioner and of any other participant 
supporting petitioner shall be filed not more than 20 days after the 
filing of the administrative record.


Sec.  3025.42  Due date for Postal Service response.

    The statement or brief of the Postal Service and of any other 
participant supporting the Postal Service shall be filed not more than 
14 days after the date for filing of petitioner's statement.


Sec.  3025.43  Due date for replies to the Postal Service.

    Petitioner and any other participant supporting petitioner may file 
a reply to the Postal Service response not more than 7 days after the 
date of the Postal Service response. Replies are limited to issues 
discussed in the Postal Service's response.

[FR Doc. 2011-22009 Filed 8-30-11; 8:45 am]
BILLING CODE 7710-FW-P