Relocating Retail Services; Adding New Retail Service Facilities, 36960-36962 [2023-11896]
Download as PDF
36960
Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Rules and Regulations
that supports the value of the merchandise
(see 503.4.3.1a). Only the account holder
may file a claim (see 609). Mailers returning
a USPS Returns service package may not
obtain insurance at their own expense.
*
*
*
*
*
8.0
*
*
*
*
8.10
Pallet Presort and Labeling
*
Tram T. Pham,
Attorney, Ethics and Legal Compliance.
*
*
39 CFR Part 241
Relocating Retail Services; Adding
New Retail Service Facilities
*
8.10.3 USPS Marketing Mail or Parcel
Select Lightweight—Bundles, Sacks, or
Trays
AGENCY:
*
This interim rule revises
regulations concerning public
notification and solicitation of
comments regarding the relocation or
addition of retail service facilities. It
establishes written notice as the
standard method for notifying the
public of plans to add or relocate a retail
service facility, rather than in-person
meetings. In addition, the interim rule
revises the scope of relocations subject
to public notice and solicitation of
community comments to exclude
relocations within a single development
of buildings that share access points
from a public right of way. The interim
rule also removes a duplicative
requirement to inform the community of
potential construction when adding a
retail service facility and makes minor
technical changes.
DATES: Effective June 6, 2023. Comments
must be received by August 7, 2023.
ADDRESSES: Please submit written
comments by email to USPSFAC@
usps.gov, with the subject heading
‘‘241.4 Rulemaking,’’ or by mail to
Joseph B. Fray, United States Postal
Service, 475 L’Enfant Plaza SW, Room
6127, Washington, DC 20260–1127.
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure. You
may inspect and photocopy all written
comments, by appointment only, at
USPS® Headquarters Library, 475
L’Enfant Plaza SW, 11th Floor North,
Washington, DC 20260. These records
are available for review on Monday
through Friday, 9:00 a.m.–4:00 p.m., by
calling 202–268–2906.
FOR FURTHER INFORMATION CONTACT:
David P. Rouse, Director of Real Estate
& Assets, United States Postal Service,
at David.P.Rouse@usps.gov, (202) 210–
3559.
*
*
*
ACTION:
*
*
*
*
*
[Revise the last two sentences of 8.10.3d to
read as follows]
* * * The SCF Pallet discount applies to 5digit/5-digit scheme USPS Marketing Mail
letter trays and flat shaped bundles on an
SCF pallet entered at an Origin (None),
DNDC, or DSCF entry. SCF pallet discount
does not apply to USPS Marketing Mail
parcels. Labeling: * * *
*
*
*
*
*
[Revise the last two sentences of 8.10.3e to
read as follows]
* * * The SCF Pallet discount applies to 3digit, AADC, ADC, 5-digit, 5-digit scheme,
Carrier Route, High Density, High Density
Plus, and Saturation (including EDDM flats—
Not Retail) USPS Marketing Mail letter trays
and flat shaped bundles on an SCF pallet
entered at an Origin (None), DNDC, or DSCF
entry. SCF pallet discount does not apply to
USPS Marketing Mail parcels.
Labeling: * * *
*
*
*
*
*
[Revise the last two sentences of 8.10.3f to
read as follows]
* * * The SCF Pallet discount applies to 3digit, AADC, ADC, 5-digit, 5-digit scheme,
Carrier Route, High Density, High Density
Plus, and Saturation (including EDDM flats—
Not Retail) USPS Marketing Mail letter trays
and flat shaped bundles on an SCF pallet
entered at an Origin (None), DNDC, or DSCF
entry. SCF pallet discount does not apply to
USPS Marketing Mail parcels.
Labeling: * * *
*
*
*
VerDate Sep<11>2014
*
*
16:06 Jun 05, 2023
Postal ServiceTM
Interim final rule.
SUMMARY:
*
[Revise the text 8.10.3c to read as follows]
c. 5-digit carrier routes, required except for
trays, permitted for bundles, sacks, trays, and
cartons. Allowed with no weight minimum
for bundles. Pallet must contain only carrier
route mail for the same 5-digit ZIP Code. The
SCF Pallet discount applies to 5-digit carrier
routes USPS Marketing Mail letter trays on
an SCF pallet entered at an Origin (None),
DNDC, or DSCF entry. Labeling: * * *
ddrumheller on DSK120RN23PROD with RULES1
*
POSTAL SERVICE
*
*
*
*
*
*
*
*
BILLING CODE P
Preparing Pallets
*
*
Jkt 259001
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
When the
Postal Service makes a tentative
decision to relocate all retail services
from a retail service facility to a separate
physical building, or to add a new retail
service facility for a community, it
provides advance notification to the
community and solicits community
comments. 39 CFR 241.4(a)(1). The
Postal Service considers community
comments before reaching a final
decision to proceed with, modify, or
cancel the proposed relocation or
addition. Id. 241.4(c)(4). Exceptions to
the general notification requirement
apply to certain temporary or emergency
relocations. 39 CFR 241.4(a)(2). The
purpose of the regulation is to notify
members of the community and their
elected officials of retail service facility
relocations and additions, and to
provide them the opportunity to
comment on why the Postal Service’s
tentative decision and proposal may not
be the optimal solution for the Postal
Service’s identified need. 39 CFR
241.4(c)(4). To obtain this community
input, prior to the exceptional
circumstances of the COVID–19
pandemic, the Postal Service notified
the community through a news release
and a public presentation, either as part
of the agenda at a regularly scheduled
public meeting of local officials or at a
separately scheduled Postal Service
public meeting addressing the proposal.
39 CFR 241.4(c)(2). The regulation
presently allows for an alternate method
of notifying the community under
exceptional circumstances that would
prevent a Postal Service representative
from attending or conducting a public
meeting . . . the Postal Service, in lieu
of a public meeting, will mail written
notification of the tentative decision and
the proposal to customers within the
community . . . seeking their written
input on the proposal and providing an
address to which the community and
local officials may send written appeals
of the tentative decision and comments
on the proposal. 39 CFR 241.4(c)(3).
During the effectiveness of the
Secretary of Health and Human
Services’ Determination of a Public
Health Emergency related to COVID–19,
the Postal Service has mailed postcards
to communities affected by relocations
and additions of retail service facilities
to provide notice and solicit comments,
rather than holding public meetings.
This written notification proved to be a
more effective means of communicating
and provided community members with
a more accessible method of providing
comments. Because written notification
and solicitation of comments more
effectively and accessibly engages
SUPPLEMENTARY INFORMATION:
[FR Doc. 2023–11892 Filed 6–5–23; 8:45 am]
705 Advanced Preparation and Special
Postage Payment Systems
*
Notice 123 (Price List)
[Revise prices as applicable.]
E:\FR\FM\06JNR1.SGM
06JNR1
ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Rules and Regulations
members of affected communities than
do public meetings, the Postal Service,
through this interim rule, establishes
written notification as the standard
method of soliciting community
comments for all subject relocations and
additions, rather than just under the
exceptional circumstances set forth in
39 CFR 241.4(c)(3).
In addition, the interim rule clarifies
the scope of relocations subject to the
notification requirement in a manner
that excludes a move within a single
development, such as among storefronts
within a single shopping center, because
such relocations have a de minimis
effect on the availability of retail
services in a community. Paragraph
(c)(3)(ii)(A)(4) required that, as part of
this process, the Postal Service inform
the community of any construction that
may be necessary when a retail service
facility is added. Because the Postal
Service is already required to inform the
community of any decisions to
undertake construction pursuant to 39
U.S.C. 409(f), this requirement was also
deleted to avoid duplicating efforts.
Finally, minor technical amendments
were made to the language of the
regulation.
The interim rule will benefit the
Postal Service and the public in general.
It will reduce burdens on the Postal
Service and the public by recognizing
that relocations of retail service facilities
within a single development are not
relocations that would materially affect
communities. In addition, where
relocation decisions would benefit from
community input, the modified
regulation will provide improved notice
to the public and an easier and more
accessible means of receiving
community input.
This interim rule reflects the
procedures in place since 2020 for
notifying communities of retail service
facility relocations and additions, and
imposes no burden on members of the
public; therefore, it is effective
immediately.
Although exempted by 39 U.S.C.
410(a) from the advance notice
requirements of the Administrative
Procedure Act regarding proposed
rulemaking (5 U.S.C. 553), the Postal
Service invites public comment at the
above address and will consider any
comments received before issuing a
final rule.
List of Subjects in 39 CFR Part 241
Organization and functions
(Government agencies).
For the reasons stated in the
preamble, the Postal Service amends 39
CFR part 241 as set forth below:
VerDate Sep<11>2014
16:06 Jun 05, 2023
Jkt 259001
PART 241—ESTABLISHMENT
CLASSIFICATION, AND
DISCTONUANCE
1. The authority citation for 39 CFR
part 241 continues to read as follows:
■
Authority: 39 U.S.C. 101, 401, 403, 404,
410, 1001.
2. Amend § 241.4 by:
a. Revising paragraphs (a)(1), (a)(2)
introductory text, and (a)(2)(i);
■ b. Adding paragraphs (a)(2)(iv) and
(v);
■ c. Revising the first sentence of
paragraph (a)(3);
■ d. Revising paragraphs (b), (c)(2),
(c)(3) introductory text, (c)(3)(ii)(A)(2)
and (3), and (c)(3)(ii)(B);
■ e. Removing paragraph (c)(3)(ii)(A)(4);
■ f. Revising the heading and first
sentence of paragraph (c)(4); and
■ g. Revising paragraph (c)(5).
The revisions and additions read as
follows:
■
■
§ 241.4 Relocating retail services; adding
new retail service facilities.
(a) * * *
(1) Except as otherwise provided, this
section applies when the Postal Service
makes a tentative decision to relocate all
retail services from a retail service
facility to a separate physical building,
or to add a new retail service facility for
a community. As used in this section,
‘‘retail services’’ means the single-piece
mail services offered to individual
members of the public on a walk-in
basis, and a ‘‘retail service facility’’ is a
physical building where Postal Service
employees provide such retail services.
(2) This paragraph (a)(2) applies to
temporary additions of retail service or
relocations of retail service facilities,
emergency relocations of retail services,
provisional relocations of retail services,
and relocations of retail services within
the same development or following
redevelopment of a site.
(i) The Postal Service may implement
temporary additions of retail service or
relocations of retail service facilities
without undertaking the process in
paragraph (c) of this section when
necessary to support Postal Service
business for holidays, special events, or
overflow business. Temporary additions
of retail service and relocations of retail
service facilities normally will be
limited to 180 days in duration. Any
additional incremental time periods of
up to 180 days each must be approved
by the Vice President, Facilities or his
designee.
*
*
*
*
*
(iv) The Postal Service may
implement relocations without
undertaking the process in paragraph (c)
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
36961
of this section when the new retail
service facility is within the same
development as the relocated retail
service facility. As used in this section,
‘‘development’’ means one or more
commercial or mixed-use buildings that
share an access point or points from a
public right-of-way.
(v) The Postal Service may implement
relocations without undertaking the
process in paragraph (c) of this section
when the relocated retail service facility
is within the same site following the
redevelopment of the building or
development in which the relocated
retail service facility was located.
(3) This section applies to tentative
decisions described in paragraphs (a)(1)
and (2) of this section made on or after
June 6, 2023. * * *
(b) Purpose. The purpose of this
section is to provide opportunities for
community members and their elected
local officials to comment on Postal
Service tentative decisions described in
paragraphs (a)(1) and (2) of this section
and to give input on proposals for
implementing those decisions (each a
‘‘proposal’’), and to require the Postal
Service to consider any input in arriving
at final decisions to proceed with,
modify, or cancel proposals.
(c) * * *
(2) Notify the community. The Postal
Service will send an initial news release
outlining the proposal to one or more
news media serving the community and,
if the community has a retail service
facility, then the Postal Service also will
post a copy of the information given to
local officials or the news release in the
public lobby of that retail service
facility. If the proposal concerns
relocating retail services from a leased
facility, then, using the most current
notice address information in the Postal
Service’s file for the site, the Postal
Service will deliver to the lessor a copy
of the information given to local
officials, provided, however, that no
such notice will be required when the
lessor has terminated the Postal
Service’s lease or has declined to renew
the Postal Service lease on terms
acceptable to the Postal Service.
(3) Solicit comments from the
community. The Postal Service will
mail written notification of the tentative
decision and the proposal to customers
within the community and post a notice
of the proposal in the retail service
facility that would be affected by the
proposal, seeking their written input on
the proposal and providing an address
to which the community and local
officials may send written comments on
the proposal during the 45 days
E:\FR\FM\06JNR1.SGM
06JNR1
36962
Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Rules and Regulations
following the mailing of that
notification.
*
*
*
*
*
(ii)(A) * * *
(2) Identify the site or area, or both,
to which the Postal Service anticipates
adding the retail service facility; and
(3) Describe the anticipated size of the
added retail service facility, and the
anticipated services to be offered.
*
*
*
*
*
(B) The Postal Service may identify
more than one potential site and/or area,
for example, when the Postal Service
has not selected yet among competing
sites.
(4) Consider comments. After the 45day comment period, the Postal Service
will consider the comments received
that identify reasons why the Postal
Service’s tentative decision and
proposal (e.g., to relocate to the selected
site, or to add a new retail service
facility) is, or is not, the optimal
solution for the identified need. * * *
(5) Identify any new site or area. After
the written notification under paragraph
(c)(3) of this section, if the Postal
Service decides to use a site or area that
it did not identify in the written
notification, and this section applies
with respect to that new site or area,
then the Postal Service will undertake
the steps in paragraphs (c)(2) through (4)
of this section with regard to the new
site or area.
*
*
*
*
*
Tram T. Pham,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2023–11896 Filed 6–5–23; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2022–0581; FRL–10168–
02–R5]
Air Plan Approval; Wisconsin; VOC
RACT for Miscellaneous Industrial
Adhesives and Miscellaneous Metal
and Plastic Parts Coatings
Environmental Protection
Agency (EPA).
ACTION: Final rule.
ddrumheller on DSK120RN23PROD with RULES1
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
related to volatile organic compound
(VOC) reasonably available control
technology (RACT), submitted by the
Wisconsin Department of Natural
Resources (‘‘Wisconsin’’ or ‘‘WDNR’’)
SUMMARY:
VerDate Sep<11>2014
16:06 Jun 05, 2023
Jkt 259001
on June 28, 2022. The SIP revisions
consist of several additions, corrections,
and clarifications to the Wisconsin
Administrative Code (WAC) NR 400
series and update the VOC RACT
requirements for the Miscellaneous
Industrial Adhesives and Miscellaneous
Metal and Plastic Parts Coatings Control
Techniques Guidelines (CTG) source
categories. Also, EPA is approving
Wisconsin’s August 10, 2022, request to
remove three previously approved
Administrative Orders from the SIP. The
request to remove these Administrative
Orders includes a Clean Air Act (CAA)
Section 110(l) demonstration
highlighting that the revisions to
Wisconsin’s rules do not interfere with
any applicable requirement concerning
attainment or any other applicable
requirement of the CAA because this
SIP revision is a direct replacement for
the previously approved orders. These
SIP revisions apply to nonattainment
areas in Wisconsin classified as
moderate or above under the 2008 or
later ozone National Ambient Air
Quality Standards (‘‘NAAQS’’ or
‘‘standard’’). These revisions are
consistent with the CTG documents
issued by EPA in 2008 and are
approvable because they serve as SIP
strengthening measures. EPA proposed
to approve this action on January 30,
2023, and received no adverse
comments.
DATES: This final rule is effective on July
6, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2022–0581. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone Katie
Mullen, at (312) 353–3490 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Katie Mullen, Environmental Engineer,
Attainment Planning and Maintenance
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–3490,
mullen.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On January 30, 2023, EPA proposed to
approve SIP revisions that consist of
several additions, corrections, and
clarifications to the Wisconsin
Administrative Code (WAC) NR 400
series and update the VOC RACT
requirements for the Miscellaneous
Industrial Adhesives and Miscellaneous
Metal and Plastic Parts Coatings Control
Techniques Guidelines (CTG) source
categories. Also, EPA proposed to
approve Wisconsin’s August 10, 2022,
request to remove three previously EPA
approved Wisconsin Administrative
Orders from the SIP. An explanation of
the CAA requirements, a detailed
analysis of the revisions, and EPA’s
reasons for proposing approval were
provided in the notice of proposed
rulemaking (88 FR 5840) and will not be
restated here. The public comment
period for this proposed rule ended on
March 1, 2023. EPA received no adverse
comments on the proposal. Therefore,
we are finalizing our action as proposed.
II. Final Action
EPA is approving in the Wisconsin
SIP additions, corrections, and
clarifications related to rules in WAC
Chapters 400, 419, 421, 422, 423, 425,
439, and 484. Specifically we are
approving NR 400.02(intro.), NR
419.02(intro.), NR 421.02(intro.), NR
422.01, NR 422.02, NR 422.03, NR
422.04, NR 422.05, NR 422.06, NR
422.08, NR 422.083, NR 422.084, NR
422.127, NR 422.128, NR 422.14, NR
422.145, NR 422.15, NR 422.151, NR
423.035(2)(a)1., NR 423.037(2)(a)1., NR
425.04(3)(a), NR 439.04(4) and (5), and
NR 484.10 Table 5 Rows (9) and (25m),
as published in the Wisconsin Register,
May 2022 No. 797, effective June 1,
2022. These revisions are consistent
with the Miscellaneous Industrial
Adhesives and Miscellaneous Metal and
Plastic Parts Coatings CTGs issued by
EPA in 2008. These revisions are
approvable because they serve as SIP
strengthening measures for Wisconsin’s
VOC rules. Also, EPA is approving
Wisconsin’s request for the removal of
the previously approved Administrative
Orders AM–20–01, AM–20–02, and
AM–20–03, submitted in a letter from
WDNR on August 10, 2022. When EPA
approves this action, it concurrently
E:\FR\FM\06JNR1.SGM
06JNR1
Agencies
[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36960-36962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11896]
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 241
Relocating Retail Services; Adding New Retail Service Facilities
AGENCY: Postal ServiceTM
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: This interim rule revises regulations concerning public
notification and solicitation of comments regarding the relocation or
addition of retail service facilities. It establishes written notice as
the standard method for notifying the public of plans to add or
relocate a retail service facility, rather than in-person meetings. In
addition, the interim rule revises the scope of relocations subject to
public notice and solicitation of community comments to exclude
relocations within a single development of buildings that share access
points from a public right of way. The interim rule also removes a
duplicative requirement to inform the community of potential
construction when adding a retail service facility and makes minor
technical changes.
DATES: Effective June 6, 2023. Comments must be received by August 7,
2023.
ADDRESSES: Please submit written comments by email to [email protected],
with the subject heading ``241.4 Rulemaking,'' or by mail to Joseph B.
Fray, United States Postal Service, 475 L'Enfant Plaza SW, Room 6127,
Washington, DC 20260-1127.
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure. You may inspect and photocopy all written comments,
by appointment only, at USPS[supreg] Headquarters Library, 475 L'Enfant
Plaza SW, 11th Floor North, Washington, DC 20260. These records are
available for review on Monday through Friday, 9:00 a.m.-4:00 p.m., by
calling 202-268-2906.
FOR FURTHER INFORMATION CONTACT: David P. Rouse, Director of Real
Estate & Assets, United States Postal Service, at
[email protected], (202) 210-3559.
SUPPLEMENTARY INFORMATION: When the Postal Service makes a tentative
decision to relocate all retail services from a retail service facility
to a separate physical building, or to add a new retail service
facility for a community, it provides advance notification to the
community and solicits community comments. 39 CFR 241.4(a)(1). The
Postal Service considers community comments before reaching a final
decision to proceed with, modify, or cancel the proposed relocation or
addition. Id. 241.4(c)(4). Exceptions to the general notification
requirement apply to certain temporary or emergency relocations. 39 CFR
241.4(a)(2). The purpose of the regulation is to notify members of the
community and their elected officials of retail service facility
relocations and additions, and to provide them the opportunity to
comment on why the Postal Service's tentative decision and proposal may
not be the optimal solution for the Postal Service's identified need.
39 CFR 241.4(c)(4). To obtain this community input, prior to the
exceptional circumstances of the COVID-19 pandemic, the Postal Service
notified the community through a news release and a public
presentation, either as part of the agenda at a regularly scheduled
public meeting of local officials or at a separately scheduled Postal
Service public meeting addressing the proposal. 39 CFR 241.4(c)(2). The
regulation presently allows for an alternate method of notifying the
community under exceptional circumstances that would prevent a Postal
Service representative from attending or conducting a public meeting .
. . the Postal Service, in lieu of a public meeting, will mail written
notification of the tentative decision and the proposal to customers
within the community . . . seeking their written input on the proposal
and providing an address to which the community and local officials may
send written appeals of the tentative decision and comments on the
proposal. 39 CFR 241.4(c)(3).
During the effectiveness of the Secretary of Health and Human
Services' Determination of a Public Health Emergency related to COVID-
19, the Postal Service has mailed postcards to communities affected by
relocations and additions of retail service facilities to provide
notice and solicit comments, rather than holding public meetings. This
written notification proved to be a more effective means of
communicating and provided community members with a more accessible
method of providing comments. Because written notification and
solicitation of comments more effectively and accessibly engages
[[Page 36961]]
members of affected communities than do public meetings, the Postal
Service, through this interim rule, establishes written notification as
the standard method of soliciting community comments for all subject
relocations and additions, rather than just under the exceptional
circumstances set forth in 39 CFR 241.4(c)(3).
In addition, the interim rule clarifies the scope of relocations
subject to the notification requirement in a manner that excludes a
move within a single development, such as among storefronts within a
single shopping center, because such relocations have a de minimis
effect on the availability of retail services in a community. Paragraph
(c)(3)(ii)(A)(4) required that, as part of this process, the Postal
Service inform the community of any construction that may be necessary
when a retail service facility is added. Because the Postal Service is
already required to inform the community of any decisions to undertake
construction pursuant to 39 U.S.C. 409(f), this requirement was also
deleted to avoid duplicating efforts. Finally, minor technical
amendments were made to the language of the regulation.
The interim rule will benefit the Postal Service and the public in
general. It will reduce burdens on the Postal Service and the public by
recognizing that relocations of retail service facilities within a
single development are not relocations that would materially affect
communities. In addition, where relocation decisions would benefit from
community input, the modified regulation will provide improved notice
to the public and an easier and more accessible means of receiving
community input.
This interim rule reflects the procedures in place since 2020 for
notifying communities of retail service facility relocations and
additions, and imposes no burden on members of the public; therefore,
it is effective immediately.
Although exempted by 39 U.S.C. 410(a) from the advance notice
requirements of the Administrative Procedure Act regarding proposed
rulemaking (5 U.S.C. 553), the Postal Service invites public comment at
the above address and will consider any comments received before
issuing a final rule.
List of Subjects in 39 CFR Part 241
Organization and functions (Government agencies).
For the reasons stated in the preamble, the Postal Service amends
39 CFR part 241 as set forth below:
PART 241--ESTABLISHMENT CLASSIFICATION, AND DISCTONUANCE
0
1. The authority citation for 39 CFR part 241 continues to read as
follows:
Authority: 39 U.S.C. 101, 401, 403, 404, 410, 1001.
0
2. Amend Sec. 241.4 by:
0
a. Revising paragraphs (a)(1), (a)(2) introductory text, and (a)(2)(i);
0
b. Adding paragraphs (a)(2)(iv) and (v);
0
c. Revising the first sentence of paragraph (a)(3);
0
d. Revising paragraphs (b), (c)(2), (c)(3) introductory text,
(c)(3)(ii)(A)(2) and (3), and (c)(3)(ii)(B);
0
e. Removing paragraph (c)(3)(ii)(A)(4);
0
f. Revising the heading and first sentence of paragraph (c)(4); and
0
g. Revising paragraph (c)(5).
The revisions and additions read as follows:
Sec. 241.4 Relocating retail services; adding new retail service
facilities.
(a) * * *
(1) Except as otherwise provided, this section applies when the
Postal Service makes a tentative decision to relocate all retail
services from a retail service facility to a separate physical
building, or to add a new retail service facility for a community. As
used in this section, ``retail services'' means the single-piece mail
services offered to individual members of the public on a walk-in
basis, and a ``retail service facility'' is a physical building where
Postal Service employees provide such retail services.
(2) This paragraph (a)(2) applies to temporary additions of retail
service or relocations of retail service facilities, emergency
relocations of retail services, provisional relocations of retail
services, and relocations of retail services within the same
development or following redevelopment of a site.
(i) The Postal Service may implement temporary additions of retail
service or relocations of retail service facilities without undertaking
the process in paragraph (c) of this section when necessary to support
Postal Service business for holidays, special events, or overflow
business. Temporary additions of retail service and relocations of
retail service facilities normally will be limited to 180 days in
duration. Any additional incremental time periods of up to 180 days
each must be approved by the Vice President, Facilities or his
designee.
* * * * *
(iv) The Postal Service may implement relocations without
undertaking the process in paragraph (c) of this section when the new
retail service facility is within the same development as the relocated
retail service facility. As used in this section, ``development'' means
one or more commercial or mixed-use buildings that share an access
point or points from a public right-of-way.
(v) The Postal Service may implement relocations without
undertaking the process in paragraph (c) of this section when the
relocated retail service facility is within the same site following the
redevelopment of the building or development in which the relocated
retail service facility was located.
(3) This section applies to tentative decisions described in
paragraphs (a)(1) and (2) of this section made on or after June 6,
2023. * * *
(b) Purpose. The purpose of this section is to provide
opportunities for community members and their elected local officials
to comment on Postal Service tentative decisions described in
paragraphs (a)(1) and (2) of this section and to give input on
proposals for implementing those decisions (each a ``proposal''), and
to require the Postal Service to consider any input in arriving at
final decisions to proceed with, modify, or cancel proposals.
(c) * * *
(2) Notify the community. The Postal Service will send an initial
news release outlining the proposal to one or more news media serving
the community and, if the community has a retail service facility, then
the Postal Service also will post a copy of the information given to
local officials or the news release in the public lobby of that retail
service facility. If the proposal concerns relocating retail services
from a leased facility, then, using the most current notice address
information in the Postal Service's file for the site, the Postal
Service will deliver to the lessor a copy of the information given to
local officials, provided, however, that no such notice will be
required when the lessor has terminated the Postal Service's lease or
has declined to renew the Postal Service lease on terms acceptable to
the Postal Service.
(3) Solicit comments from the community. The Postal Service will
mail written notification of the tentative decision and the proposal to
customers within the community and post a notice of the proposal in the
retail service facility that would be affected by the proposal, seeking
their written input on the proposal and providing an address to which
the community and local officials may send written comments on the
proposal during the 45 days
[[Page 36962]]
following the mailing of that notification.
* * * * *
(ii)(A) * * *
(2) Identify the site or area, or both, to which the Postal Service
anticipates adding the retail service facility; and
(3) Describe the anticipated size of the added retail service
facility, and the anticipated services to be offered.
* * * * *
(B) The Postal Service may identify more than one potential site
and/or area, for example, when the Postal Service has not selected yet
among competing sites.
(4) Consider comments. After the 45-day comment period, the Postal
Service will consider the comments received that identify reasons why
the Postal Service's tentative decision and proposal (e.g., to relocate
to the selected site, or to add a new retail service facility) is, or
is not, the optimal solution for the identified need. * * *
(5) Identify any new site or area. After the written notification
under paragraph (c)(3) of this section, if the Postal Service decides
to use a site or area that it did not identify in the written
notification, and this section applies with respect to that new site or
area, then the Postal Service will undertake the steps in paragraphs
(c)(2) through (4) of this section with regard to the new site or area.
* * * * *
Tram T. Pham,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2023-11896 Filed 6-5-23; 8:45 am]
BILLING CODE 7710-12-P