Unless otherwise specified, all references to ���Post Office���

(vi) A Remotely Managed Post Office (RMPO) is a Post Office that offers part-time window service hours, is staffed by a Postal Service employee at the direction of a postmaster, and reports to an Administrative Post Office. Unless otherwise specified, all references to Post Office include RMPOs. The classification of a Post Office as an RMPO is not a discontinuance action under this section. (vii) A Part-Time Post Office (PTPO) is a Post Office that offers part-time window service hours, is staffed by a Postal Service employee, and reports to a district office. Unless otherwise specified, all references to Post Office include PTPOs. The classification of a Post Office as a PTPO is not a discontinuance action under this section. (3) Requirements. A District Manager or the responsible Headquarters Vice President, or a designee of either, may initiate a feasibility study of a USPS-operated facility for possible discontinuance. Any decision to close or consolidate a USPS-operated retail facility may be effected only upon the consideration of certain factors. These include the effect on the community served; the effect on employees of the USPS-operated retail facility; 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 USPS-operated retail facility 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 USPS-operated retail facility must be made in writing and must include findings covering all the required considerations. (iii) The written determination must be made available to persons served by the USPS-operated retail facility 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 a Post Office subject to discontinuance may appeal the decision to the Postal Regulatory Commission. Where persons regularly served by another type of USPS-operated retail facility subject to discontinuance file an appeal with the Postal Regulatory Commission, the General Counsel reserves the right to assert defenses, including the Commission's lack of jurisdiction over such appeals. For purposes of determining whether an appeal is filed within the 30-day period, receipt by the Commission is based on the postmark of the appeal, if sent through the mail, or on other appropriate documentation or indicia, if sent through another lawful delivery method. (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 to make any determination subject to 39 U.S.C. 404(d)(5) within the 120 days specified by statute. (vii) The following table summarizes the notice and appeal periods defined by statute. (4) 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 to discontinuance of a particular USPS-operated retail facility are fully articulated and disclosed at a stage that enables customer participation to make a helpful contribution toward the final decision. (5) Initial feasibility study. A district manager, the responsible Headquarters vice president, or a designee of either may initiate a feasibility study of a USPS-operated retail facility's potential discontinuance, in order to assist the district manager in determining whether to proceed with a written proposal to discontinue the facility. (i) Permissible circumstances. The initial feasibility study may be based upon circumstances including, but not limited to, the following: (A) A postmaster vacancy; (B) Emergency suspension of the USPS-operated retail facility due to cancellation of a lease or rental agreement when no suitable alternate quarters are available in the community, a fire or natural disaster, irreparable damage when no suitable alternate quarters are available in the community, challenge to the sanctity of the mail, or similar reasons; (C) Earned workload below the minimum established level for the lowest level RMPO; (D) Insufficient customer demand, evidenced by declining or low volume, revenue, revenue units, local business activity, or local population trends; (E) The availability of reasonable alternate access to postal services for the community served by the USPS-operated retail facility; or (F) The incorporation of two communities into one or other special circumstances. (ii) Impermissible circumstances. The following circumstances may not be used to justify initiation of an initial feasibility study: (A) Any claim that the continued operation of a building without handicapped modifications is inconsistent with the Architectural Barriers Act (42 U.S.C. 4151 et seq.); (B) The absence of running water or restroom facilities; (C) Compliance with the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); or (D) In the absence of any circumstances identified in paragraph (a)(5)(i) of this section, the operation of a small Post Office at a deficit. (iii) Notice to customers. Local management must provide notification and questionnaires to customers at the USPS-operated retail facility under study. Local management may determine whether notification is appropriate through media outlets. In addition, the following customers that receive delivery service from the USPS-operated retail facility must receive notification and questionnaires by mail: (A) Post Office Box customers at the USPS-operated retail facility under study; (B) Customers whose delivery carrier is stationed out of the USPS-operated retail facility under study; (C) Customers in the delivery area of the same ZIP Code as the retail facility under study, regardless of whether the delivery carriers for those customers are stationed out of the retail facility under study or out of a nearby facility; and (D) Customers whom the retail facility under study serves for allied delivery services such as mail pickup. (iv) Initial feasibility study due to emergency suspension. Wherever possible when an initial feasibility study is to be initiated under 241.3(a)(5)(i)(B) (for example, when it is anticipated that a lease or rental agreement will be cancelled with no suitable alternate quarters available in the community), responsible personnel should initiate the initial feasibility study sufficiently in advance of the circumstance prompting the emergency suspension to allow a meaningful opportunity for public input to be taken into account. If public input cannot be sought sufficiently in advance of the end date of the lease or rental agreement, responsible personnel should endeavor, to the extent possible, to continue operation of the USPS-operated retail facility for the duration necessary to gather public input and make a more fully informed decision on whether to proceed with a discontinuance proposal. Customers formerly served by the suspended facility should receive notice under paragraph (a)(5)(iii) of this section, including by mail, to the same extent that they would have if the facility were not in suspended status at the time of the initial feasibility study, proposal, or final determination.

Source

39 CFR § 241.3


Scoping language

None
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