HomeMy WebLinkAbout20112202 J. POSYAL REGULATORY COMMISSION
Washington,DC 20268-0001 - I . r
OffikEof P:bitAirti
and Government Itet8tronS
July 26,2011
Weld County Clerk to the Board
Board of County Commissioners
PO Box 758
Greeley, CO 80632
Dear County Commissioners:
Thank you for providing the Postal Regulatory Commission with a courtesy copy of the County Commissioners
Resolution regarding the possible closing of your post office in New Raymer, Colorado.
The Commission's jurisdiction in this area is limited. Citizens may appeal to the Commission only after the decision
to close a post office has been made by the Postal Service. In light of your concerns, I requested information on the
status of your office and have been advised by officials at the Postal Service that your office is currently being studied
for closing at this time. As there has been no final determination made yet to permanently close the office, an appeal
would be premature. As such, I am forwarding your comments directly to the attention of the Postal Service's Office
of the Consumer Advocate to share with the appropriate postal officials.
In order to make a consolidation or closure determination,the Postal Service must follow certain procedures.
1) The public must be given 60 days notice of a proposed action to enable the persons served by a post office to
evaluate the proposal and provide comments.
2) After public comments are received and taken into account, any final determination to close or consolidate a post
office must be made in writing and must include findings covering all the required considerations.
3) The written determination must be made available to persons served by the post office at least 60 days before the
discontinuance takes effect.
4) Within the first 30 days after the written determination is made available, any person regularly served by the
affected post office may appeal the decision to the Postal Regulatory Commission.
For your convenience I am enclosing a copy of the regulations regarding the discontinuance of a Post Office. These
regulations outline, in more detail,the steps the Postal Service must take to notify residents, the issues it must
consider as part of the administrative record,the procedures it must follow and the appropriate time allowed to
persons if they believe an appeal of the closure to the Postal Regulatory Commission is necessary. Should the
Postal Service make a final determination to close the facility and you wish to proceed with your appeal, please
advise the Commission in writing.
I am hopeful that you will find this information helpful. Please let me know if you have any further questions.
Sincerely,
Annie Kennedy
Consumer Relations Specialist
Enclosure
CC: Consumer Advocate
901 New York Avenue•Suite 200•(202)789.6830•vrww.prc.gov
C.CNN-v v 2011-2202
-1U., 11
e-CFR Data is current as of December 9, 2009
Title 39: Postal Service
PART 3001-RULES OF PRACTICE AND PROCEDURE
Browse Previous I Browse Next
Subpart H—Rules Applicable to Appeals of Postal Service Determinations To Close or
Consolidate Post Offices
Source: 42 FR 10993, Feb. 25, 1977, unless otherwise noted.
§3001.110 Applicability.
Rules in this subpart govern the procedure regarding the appeal of a determination of the Postal Service to close or
consolidate a post office by patrons of the post office in question. Pursuant to section 404(b)of the Act any decision
to close or consolidate a post office must be preceded by 60 days notice to persons served by such post office, the
opportunity for such persons to present their views, and a written determination based upon consideration of each of
the factors listed in section 404(b)(2)of the Act.This notice must include a provision stating that, pursuant to Pub, L.
94-421, a final Postal Service determination to close or consolidate a post office may be appealed to the Postal
Regulatory Commission at 901 New York Avenue NW., Suite 200,Washington, DC 20268-0001,within 30 days after
the issuance of a written determination by the Postal Service.The rules of general applicability in subpart A of this
part,which do not relate solely to evidentiary proceedings on the record, are also applicable to proceedings subject to
this subpart.
[36 FR 396,Jan. 12, 1971,as amended at 58 FR 38977,July 21, 1993]
§ 3001.111 Initiation of review proceedings.
(a)Petition for review. Review of a determination of the Postal Service to close or consolidate a post office shall be
obtained by filing a petition for review with the Secretary of this Commission. Such petition must be received by the
Commission within 30 days after the Service has made available to persons served by that post office the written
determination to close or consolidate required by 39 U.S.C.404(b) (3)through (4).The petition shall specify the
parties seeking review, all of whom must be persons served by the post office proposed to be closed or consolidated
and shall identify the Postal Service as respondent.The Commission encourages parties seeking review to attach a
copy of the Postal Service written determination,as the appeal process is thereby expedited. If two or more persons
are entitled to petition for review of the same determination and their interests are such as to make joinder
practicable,they may file a joint petition for review and may thereafter proceed as a single petitioner.
(b) Intervention.A person served by the post office to be closed or consolidated pursuant to the Postal Service written
determination under review who desires to intervene in the proceeding, or any other interested person, or any
counsel, agent or other person authorized or recognized by the Postal Service as such interested person's
representative or the representative of such interested person's recognized group,such as Postmasters, shall file
with the Secretary of the Commission and serve upon all parties a notice of intervention in a form prescribed by
§3001.20.The notice shall contain a concise statement of the interest of the moving party and the grounds upon
which intervention is sought.A notice of intervention shall be filed within 25 days of the date on which the notice for
review is filed.The provisions of§3001.20 (c)through (f)of Subpart A of this part shall apply to notices of intervention
in review proceedings.
[48 FR 33707, July 25, 1983,as amended at 58 FR 38977,July 21, 1993]
§ 3001.112 The record on review.
The written determination sought to be reviewed or enforced,the conclusions and findings upon which it must be
based under section 404(b)(3)of the Act,the notices to local patrons and the evidence contained in the entire
administrative record before the Postal Service shall constitute the record on review.The record shall contain all
evidence considered by the Postal Service in making its determination and shall contain no evidence not previously
considered by the Postal Service.
§3001.113 Filing of the record.
(a) Time for filing of the record by the Postal Service.The Postal Service shall file the record with the Secretary of the
Commission within 15 days after the date on which the petition for review is filed with the Commission.The
Commission may shorten or extend the time prescribed above.The Secretary shall give notice to all parties of the
date on which the record is filed.
(b) Composition of the filing.The Postal Service may file the entire record or such parts thereof as the parties may
designate by stipulation filed with the Postal Service.The original papers in the Postal Service proceeding or certified
copies thereof may be filed.All parts of the record retained by the Postal Service shall be a part of the record on
review for all purposes.
§3001.114 Suspension pending review.
(a)Application.Application for suspension of a determination of the Postal Service to close or consolidate any post
office pending the outcome of an appeal to the Postal Regulatory Commission shall be made at the time of the filing
of a petition for review or of the filing of a notice of intervention in an extant appellate proceeding.The application
shall show the reasons for the relief requested and the facts relied upon, and if the facts are subject to dispute the
application shall be supported by affidavits or other sworn statements or copies thereof.The applicant must be a
person served by the affected post office. Immediate notice of the application shall be given to all parties to the
proceeding.The application shall be filed with the Secretary of the Commission.
(b)Answer and filing of the relevant record by the U.S. Postal Service.Within 10 days after the application for
suspension is filed,the Postal Service shall file with the Secretary of the Commission and serve on the petitioners an
answer to the application supported by affidavits or other sworn statements or copies thereof.The Postal Service,
within 10 days from the date of filing of the application, shall file with the Secretary such parts of the record as are
relevant to the relief sought.
[36 FR 396,Jan. 12, 1971, as amended at 58 FR 38977,July 21, 1993]
§ 3001.115 Participant statement or brief.
(a)Participant statement Upon the filing of the petition for review of a decision to close or consolidate a post office,
the Secretary shall furnish the petitioner with a copy of PRC Form 61, a form designed to permit the appellant to
make a concise statement of his/her arguments in support of the petition and the instructions regarding its use. In
addition to eliciting this information,the instructions for Form 61 shall provide: (1) Notification that, if the appellant
prefers, he or she may file a brief as described in paragraph (b)of this section presenting the arguments,in lieu of
completing PRC Form 61; (2)a concise explanation of the purpose of the form;and (3)notification that the completed
form,or a brief as described in paragraph (b)of this section,in lieu thereof, must be filed with the Commission not
more than 35 days following the date of filing of the petition (which date shall be set forth,as it appears in the
Commission's records).
(b)Appellant's initial brief The initial brief of the appellant shall be filed with the Secretary of the Commission and
served on all parties 35 days after the filing of the petition for review of a decision to close or consolidate a post office.
The brief will be limited in length to 30 pages,typewritten and double spaced, and shall include the following in the
order indicated:
(1)A subject index with page references, and a list of all cases and authorities relied upon,arranged alphabetically,
with references to the pages where the citation appears(which need not be included in the page count);
(2)A concise statement of the case from the viewpoint of the filing participant;
(3)A clear,concise and definitive statement of the position of the author as to the merits of the determination under
review;
(4)A discussion of the evidence, reasons, and authorities relied upon with exact references to the record and the
authorities; and
(5) Proposed holding with appropriate references to the record or the prior discussion of the evidence and authorities
relied upon, and to the appellate criteria of section 404(b)(5)of the Act.
Briefs before the Commission shall be completely self-contained and shall not incorporate by reference any portion of
any other brief, pleading or document.Testimony and exhibits shall not be quoted or included in briefs except for
short excerpts pertinent to the argument presented.
(c)Answering brief of the Postal Service.The answering brief of the Postal Service shall be filed 20 days after the
date designated for filing of the appellant's brief and shall follow the format detailed in paragraph (b)of this section.
(d)Reply by appellant. The appellant may file a written response to the brief of the Postal Service 15 days after the
date designated for filing of that brief,which shall be strictly limited in content to reply to arguments made by the
Postal Service. If presented as a brief, such reply brief shall conform to the format detailed in paragraph (b)of this
section.
(e) Intervenor statements or briefs. An intervenor shall file its brief within the time allowed for initial and reply,or
answering, briefs,as appropriate.The Secretary shall furnish to each intervenor a copy of PRC Form 61 as soon as
intervenor status is granted. If the intervenor chooses to file a brief,the brief shall follow the format detailed in
paragraph (b)of this section.
[42 FR 10993, Feb.25, 1977, as amended at 48 FR 33707,July 25, 1983; 58 FR 38976,38977, July 21, 1993]
§3001.116 Oral argument.
Oral argument will be held in these appeal cases only when a party has made a showing that,owing to unusual
circumstances,oral argument is a necessary addition to the written filings.Any request for oral argument shall be
filed within 7 days of the date on which reply briefs are due. If a request for oral argument is granted, it will be held at
the Postal Regulatory Commission's offices at 901 New York Avenue NW., Suite 200,Washington, DC 20268-0001.
[48 FR 33708,July 25, 1983,as amended at 58 FR 38977,July 21, 1993]
§ 3001.117 Posting of documents by Postal Service for inspection by affected postal patrons.
In all proceedings conducted pursuant to this subpart H,the Postal Service shall cause to be displayed prominently,
in the post office or offices serving the patrons affected by the determination to close or consolidate a post office
which is under review,a copy of the service list and all pleadings, notices,orders, briefs and opinions filed in such
proceedings. Failure by the Postal Service to display prominently any such document shall be deemed sufficient
reason to suspend the effectiveness of the Postal Service determination under review until final disposition of the
appeal.
[42 FR 10993, Feb.25, 1977. Redesignated at 48 FR 33708,July 25, 1983]
e-CFR Data is current as of July 7, 2009
Title 39: Postal Service
PART 241-ESTABLISHMENT CLASSIFICATION,AND DISCONTINUANCE
Browse Previous I Browse Next
§241.3 Discontinuance of post offices.
(a)Introduction—(1) Coverage. This section establishes the rules governing the Postal Service's consideration of
whether an existing post office should be discontinued.The rules cover any proposal to replace a post office with a
community post office, station or branch, consolidation with another post office,and any proposal to discontinue a
post office without providing a replacement facility.
(2)Legal requirements. Under 39 U.S.C.404(b),any decision to close or consolidate a post office must be based on
certain criteria. These include the effect on the community served;the effect on employees of the post office;
compliance with government policy established by law that the Postal Service must provide a maximum degree of
effective and regular postal services to rural areas,communities, and small towns where post offices are not self-
sustaining;the economic savings to the Postal Service; and any other factors the Postal Service determines
necessary. In addition,certain mandatory procedures apply as follows:
(i)The public must be given 60 days'notice of a proposed action to enable the persons served by a post office to
evaluate the proposal and provide comments.
(ii)After public comments are received and taken into account, any final determination to close or consolidate a post
office must be made in writing and must include findings covering all the required considerations.
(Hi)The written determination must be made available to persons served by the post office at least 60 days before the
discontinuance takes effect.
(iv)Within the first 30 days after the written determination is made available,any person regularly served by the
affected post office may appeal the decision to the Postal Rate Commission.
(v)The Commission may only affirm the Postal Service determination or return the matter for further consideration
but may not modify the determination.
(vi)The Commission is required by 39 U.S.C.404(b)(5)to make a determination on the appeal no later than 120 days
after receiving the appeal.
(vii)The following is a summary table of the notice and appeal periods under the statute for these regulations.
PO MO MOOT as P4 OM I
COMMON t tlMM00
As brp ar noodled
for conektomOon d
COMM filk and Yeenul
MOD MOOS Of MOM OscIUoe
SG deli
SIX MAO any At NUR
WOO t10 .rrll
Woo doing
pool alto
a8e days
ter appu6
cooldomiton
IDOOKA
View or download PDF
(3)Additional requirements.This section also includes:
(i) Rules to ensure that the community's identity as a postal address is preserved.
(ii) Rules for consideration of a proposed discontinuance and for its implementation,if approved. These rules are
designed to ensure that the reasons leading a district manager,Customer Service and Sales,to propose the
discontinuance of a particular post office are fully articulated and disclosed at a stage that enables customer
participation to make a helpful contribution toward the final decision.
(b)Preservation of community address—(1)Policy.The Postal Service permits the use of a community's separate
address to the extent practicable.
(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.
(ii) If the ZIP Code is changed and the parent post office covers several ZIP Codes,the ZIP Code must be that of the
delivery area within which the facility is located.
(3)Post office name in address. If all the delivery addresses using the name of the post office to be discontinued are
assigned the same ZIP Code,customers may continue to use the discontinued post office name in their addresses,
instead of the new delivering post office name.
(4)Name of facility established by consolidation. If a post office to be discontinued is consolidated with one or more
other post offices by establishing in its place a community post office, classified or contract station,or branch affiliated
with another post office involved in the consolidation,the replacement unit is given the same name of the
discontinued post office.
(5)List of discontinued post offices. Publication 65, National Five-Digit ZIP Code and Post Office Directory, lists all
post offices discontinued after March 14, 1977,for mailing address purposes only if they are used in addresses.The
ZIP Codes listed for discontinued offices are those assigned under this subsection.
(c)Initial proposal—(1) In general. If a district manager, Customer Service and Sales, believes that the
discontinuance of a post office within his or her responsibility may be warranted,the manager:
(i)Must use the standards and procedures in§241.3 (c)and (d).
(ii)Must investigate the situation.
(iii) May propose the post office be discontinued.
(2) Consolidation.The proposed action may include a consolidation of post offices to substitute a community post
office or a classified or contract station or branch for the discontinued post office if:
(i)The communities served by two or more post offices are being merged into a single incorporated village,town, or
city;or
(ii)A replacement facility is necessary for regular and effective service to the area served by the post office
considered for discontinuance.
(3) Views of postmasters. Whether the discontinuance under consideration involves a consolidation or not,the district
manager, Customer Service and Sales, must discuss the matter with the postmaster(or the officer in charge)of the
post office considered for discontinuance,and with the postmaster of any other post office affected by the change.
The manager should make sure that these officials submit written comments and suggestions as part of the record
when the proposal is reviewed.
(4)Preparation of written proposal. The district manager,Customer Service and Sales, must gather and preserve for
the record all documentation used to assess the proposed change. If the manager thinks the proposed action is
warranted, he or she must prepare a document titled"Proposal to (Close)(Consolidate)the(Name) Post Office."This
document must describe, analyze, and justify in sufficient detail to Postal Service management and affected
customers the proposed service change.The written proposal must address each of the following matters in separate
sections:
(I)Responsiveness to community postal needs. It is the policy of the Government, as established by law,that the
Postal Service will provide a maximum degree of effective and regular postal services to rural areas,communities,
and small towns where post offices are not self-sustaining.The proposal should (A)contrast the services available
before and after the proposed change; (B)describe how the changes respond to the postal needs of the affected
customers; and (C)highlight particular aspects of customer service that might be less advantageous as well as more
advantageous.
(ii)Effect on community. The proposal must include an analysis of the effect the proposed discontinuance might have
on the community served,and discuss the application of the requirements in §241.3(b).
(iii)Effect on employees.The written proposal must summarize the possible effects of the change on the postmaster,
supervisors, and other employees of the post office considered for discontinuance. (The district manager, Customer
Service and Sales, must suggest measures to comply with personnel regulations related to post office discontinuance
and consolidation.)
(iv) Savings.The proposal must include an analysis of the economic savings to the Postal Service from the proposed
action, including the cost or savings expected from each major factor contributing to the overall estimate.
(v) Other factors. The proposal should include an analysis of other factors that the district manager, Customer
Service and Sales,determines are necessary for a complete evaluation of the proposed change,whether favorable
or unfavorable.
(vi) Summary.The proposal must include a summary that explains why the proposed action is necessary, and
assesses how the factors supporting the proposed change outweigh any negative factors. In taking competing
considerations into account,the need to provide regular and effective service is paramount.
(vii)Notice.The proposal must include the following notice:'This Is A Proposal. It Is Not A Final Determination To
(Close) (Consolidate)This Post Office."
(A) If a final determination is made to close or consolidate this post office, after public comments on this proposal are
received and taken into account, a notice of that final determination must be posted in this post office.
(B)The final determination must contain instructions on how affected customers may appeal that decision to the
Postal Rate Commission.Any such appeal must be received by the Commission within 30 days of the posting of the
final determination.
(d) Notice,public comment, and record—(1)Posting proposal and comment notice. A copy of the written proposal
and a signed invitation for comments must be posted prominently in each affected post office.The invitation for
comments must:
(i)Ask interested persons to provide written comments within 60 days,to a stated address,offering specific opinions
and information,favorable or unfavorable,on the potential effect of the proposed change on postal services and the
community.
(ii)State that copies of the proposal with attached optional comment forms are available in the affected post offices.
(iii) Provide a name and telephone number to call for information.
(2)Proposal and comment notice.The following is a sample format that may be used for the proposal and comment
notice.
UNITED STATES POSTAL SERVICE
Proposal to(Cloae}(Coneolktat.)the(Name)Post OM*and Optional Comment Form
attached*apropos*ffiat we an considsrira to attempt to provide your community's postal aarv+ce mon
economically�e 'clsntlY.Yoh*atao providing raptor eV effective I srrioa.Please read the proposal
carefully and them lot um halm your comment*end s<guerIoaa-U youdtooas.per may uaa the tam
prOvded bstMw.YOU(COMM*vdp be cute*com dared and MA be made part*a Mac record.K you
use the form prmided bekrw and need eddleond roam.pipe serg r additional saw*of paper.
Return the completed alum ria by
M constdenno the proposal,it you hem any chancing you want fa ask a posher oral.You may cifl
whose***hone number is
1. Effect on Your Postai Serve
Please clesaib+arty*version or uwrfaworatde effects ON you t*G3v.the prCposat*mid haw on pie
reeuid llty or attach enpsa of your postal aervtar,
II. Effect on Your Com
Mean J&scdbe arty is oratrie os un avorebis effects&hall you believe rfie pnoposat would hmvn rui your
community.
alt Other Comenenta
Pteaee provide any olMi view or mksrrnat on Mal yatr believe the LISPS shaukd corsldan in deciding whhlthlr
to adapt the pradout
tgteem re er oath Centsenrt thee)
peeleti eater+a)
favi (Sots) {Ztr }
View or download PDF
(3) Other steps. In addition to providing notice and inviting comment,the district manager, Customer Service and
Sales, must take any other steps necessary to ensure that the persons served by the affected post office understand
the nature and implications of the proposed action (e.g., meeting with community groups and following up on
comments received that seem to be based on incorrect assumptions or information).
(i)If oral contacts develop views or information not previously documented,whether favorable or unfavorable to the
proposal,the district manager, Customer Service and Sales,should encourage persons offering the views or
information to provide written comments to preserve them for the record.
(ii)As a factor in making his or her decision,the district manager, Customer Service and Sales, may not rely on
communications received from anyone unless submitted in writing for the record.
(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.
(i)The record must include all information that the district manager, Customer Service and Sales, considered, and the
decision must stand on the record. No information or views submitted by customers may be excluded.
(ii)The docket number assigned to the proposal must be the ZIP Code of the office proposed for closing or
consolidation.
(iii)The record must include a chronological index in which each document contained is identified and numbered as
filed.
(iv)As written communications are received in response to the public notice and invitation for comments,they are
included in the record.
(v)A complete copy of the record must be available for public inspection during normal office hours at the post office
proposed for discontinuance or at the post office providing alternative service, if the office to be discontinued was
temporarily suspended, beginning no later than the date on which notice is posted and extending through the
comment period.
(vi)Copies of documents in the record (except the proposal and comment form)are provided on request and on
payment of fees as noted in the Administrative Support Manual(ASM)§352.6.
(e) Consideration of public comments and final local recommendation—(1)Analysis of comments. After waiting not
less than 60 days after notice is posted under§241.3(d)(1)the district manager, Customer Service and Sales, must
prepare an analysis of the public comments received for consideration and inclusion in the record. If possible,
comments subsequently received should also be included in the analysis.The analysis should list and briefly
describe each point favorable to the proposal and each point unfavorable to the proposal.The analysis should
identify to the extent possible how many comments support each point listed.
(2)Re-evaluation of proposal. After completing the analysis,the district manager,Customer Service and Sales, must
review the proposal and re-evaluate all the tentative conclusions previously made in light of additional customer
information and views in the record.
(i)Discontinuance not warranted. If the district manager,Customer Service and Sales, decides against the proposed
discontinuance, he or she must post, in the post office considered for discontinuance, a notice stating that the
proposed closing or consolidation is not warranted.
(ii)Discontinuance warranted. If the district manager, Customer Service and Sales,decides that the proposed
discontinuance is justified,the appropriate sections of the proposal must be revised,taking into account the
comments received from the public.After making necessary revisions,the manager must:
(A) Forward the revised proposal and the entire record to the vice president, Delivery and Retail.
(B)Attach a certificate that all documents in the record are originals or true and correct copies.
(f)Postal Service decision—(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:
(i)Supporting materials. "Copies of all materials on which this Final Determination is based are available for public
inspection at the (Name) Post Office during normal office hours."
(ii)Appeal rights."This Final Determination to(close)(consolidate)the(name) Post Office may be appealed by any
person served by that office to the Postal Rate Commission.Any appeal must be received by the Commission within
30 days of the date this Final Determination was posted. If an appeal is filed,copies of appeal documents prepared
by the Postal Rate Commission,or the parties to the appeal, must be made available for public inspection at the
(name) Post Office during normal office hours."
(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)Implementation of final determination—(1)Notice of final determination to discontinue post office. The district
manager,Customer Service and Sales, must:
(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.
(ii)Ensure that a copy of the completed record is available for public inspection during normal business hours at each
post office where the Final Determination is posted for 30 days from the posting date.
(iii)Provide copies of documents in the record on request and payment of fees as noted in the ASM 352.6.
(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)Actions during appeal—0)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.
(A)The district manager must ensure that copies of all these documents are prominently displayed and available for
public inspection in the post office to be discontinued. If the operation of that post office has been suspended,the
manager must display copies in the affected post offices.
•
(B)All documents except the Postal Rate Commission's final order and opinion must be displayed until the final order
and opinion are issued.The final order and opinion must be displayed for 30 days.
(4)Actions following appeal decision—(i)Determination affirmed. If the Commission dismisses the appeal or affirms
the Postal Service's determination,the official closing date of the office must be published in the Postal Bulletin,
effective the first Saturday 90 days after the Commission renders its opinion, if not previously implemented under
§241.3(g)(3)(i). However,the post office may not be discontinued sooner than 60 days after the posting of the notice
required under§241.3(g)(1).
(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 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.
[59 FR 29725,June 9, 1994, as amended at 60 FR 32273,June 21, 1995; 69 FR 11536, Mar. 11,2004]
Hello