NOTE: COMMENTS REGARDING ANY FEDERAL REGISTER NOTICE MUST BE SENT TO THE ADDRESS INDICATED IN THE DOCUMENT. ANY COMMENTS ON THE RAPID INFORMATION BULLETIN BOARD SYSTEM (RIBBS) ABOUT ANY FEDERAL REGISTER NOTICES WILL NOT BE USED OR CONSIDERED IN THE COURSE OF ANY RULE MAKING. From the Federal Register Online via GPO Access [wais.access.gpo.gov] ======================================================================= ----------------------------------------------------------------------- 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