PART 241—ESTABLISHMENT CLASSIFICATION, AND DISCONTINUANCE Authority: 39 U.S.C. 101, 401, 403, 404, 410, 1001. § 241.1 Post offices. Post Offices are established and maintained at locations deemed necessary to ensure that regular and effective postal services are available to all customers within specified geographic boundaries. A Post Office may be operated or staffed by a postmaster or by another type of postal employee at the direction of the postmaster, including when the postmaster is not physically present. A Remotely Managed Post Office (RMPO) is a Post Office that offers part-time window service hours, is staffed by a Postal Service employee under the direction of a postmaster, and reports to an Administrative Post Office. 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 RMPOs and PTPOs. [77 FR 46950, Aug. 7, 2012] § 241.2 Stations and branches. (a) Description. (2) Stations and branches transact registry and money order business, sell postage supplies, and accept matter for mailing. Delivery service, post office boxes, and other services may be provided when directed by the postmaster. (3) Stations and branches, except nonpersonnel rural stations and branches, are designated as independent when registered and other mail is received or dispatched without passing through the main office. (b) Classification Classified. (2) Contract. (39 U.S.C. 401) [36 FR 4764, Mar. 12, 1971] § 241.3 Discontinuance of USPS-operated retail facilities. (a) Introduction Coverage. (A) Replace a USPS-operated Post Office, station, or branch with a contractor-operated retail facility; (B) Combine a USPS-operated Post Office, station, or branch with another USPS-operated retail facility; or (C) Discontinue a USPS-operated Post Office, station, or branch without providing a replacement facility. (ii) The conversion of a Post Office into, or the replacement of a Post Office with, another type of USPS-operated retail facility is not a discontinuance action subject to this section. A change in the staffing of a Post Office such that it is staffed only part-time by a postmaster, or not staffed at all by a postmaster, but rather by another type of USPS employee, is not a discontinuance action subject to this section. (iii) The regulations in this section are mandatory only with respect to discontinuance actions for which initial feasibility studies have been initiated on or after July 14, 2011. Unless otherwise provided by responsible personnel, the rules under § 241.3 as in effect prior to July 14, 2011, shall apply to discontinuance actions for which initial feasibility studies have been initiated prior to July 14, 2011. Discontinuance actions pending as of December 1, 2011, that pertain to the conversion of a Post Office to another type of USPS-operated facility are no longer subject to these regulations. (2) Definitions. (i) “USPS-operated retail facility” (ii) “Contractor-operated retail facility” (iii) “Closing” (iv) “Consolidation” (v) “Discontinuance” (vi) A “Remotely Managed Post Office” (vii) A “Part-Time Post Office” (3) Requirements. (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. Public Notice of Proposal 60-day notice Public Notice of Final Determination 30 days for filing any appeal; up to 120 days for appeal consideration and decision Wait at least 60 days from first day after posting final determination before closing or consolidating USPS-operated retail facility. (4) Additional requirements. (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. (i) Permissible circumstances. (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. (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. (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. (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. (b) Preservation of community address Policy. (2) ZIP Code assignment. (i) In a consolidation, the ZIP Code for the replacement contractor-operated retail facility is the ZIP Code originally assigned to the discontinued facility. (ii) If the ZIP Code is changed and the parent or gaining USPS-operated retail facility covers several ZIP Codes, the ZIP Code must be that of the delivery area within which the facility is located. (3) USPS-operated retail facility's city name in address. (4) Name of facility established by consolidation. (c) Initial proposal In general. (i) Must use the standards and procedures in § 241.3(c) and (d). (ii) Must investigate the situation. (iii) May propose the USPS-operated retail facility be discontinued. (2) Consolidation. (3) Views of postmasters. (4) Preparation of written proposal. (i) Responsiveness to community postal needs. (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. (iii) Effect on employees. (iv) Savings. (v) Other factors. (vi) Summary. (vii) Notice. (A) Supporting materials. (B) Nature of posting. (C) Posting of final determination. (D) Appeal rights. (d) Notice, public comment, and record Posting proposal and comment notice. (i) The USPS-operated retail facility under study, unless service at the facility has been suspended; (ii) The USPS-operated retail facility proposed to serve as the supervising facility; (iii) Any USPS-operated retail facility likely to serve a significant number of customers of the USPS-operated retail facility under study; and (iv) If service at the facility under study has been suspended, any USPS-operated retail facility providing alternative service for former customers of the facility under study. (2) Contents of comment notice. (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 USPS-operated retail facilities. (iii) Provide a name and telephone number to call for information. (3) Other steps. (i) If oral contacts develop views or information not previously documented, whether favorable or unfavorable to the proposal, the District Manager 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 may not rely on communications received from anyone unless submitted in writing for the record. (4) Record. (i) The record must include all information that the District Manager considered, and the decision must stand on the record. No written 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 USPS-operated retail facilities where the proposal was posted under paragraph (d)(1) of this section, beginning no later than the date on which notice is posted and extending through the posting period. When appropriate, certain personally identifiable information, such as individual names or residential addresses, may be redacted from the publicly accessible copy of the record. (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 chapter 4 of Handbook AS-353, Guide to Privacy, the Freedom of Information Act, and Records Management. (e) Consideration of public comments and final local recommendation Analysis of comments. (2) Re-evaluation of proposal. (i) Discontinuance not warranted. (ii) Discontinuance warranted. (A) Transmit the revised proposal and the entire record to the responsible Headquarters Vice President. (B) Certify that all documents in the record are originals or true and correct copies. (f) Postal Service decision In general. (2) Approval. (i) Supporting materials. (ii) Appeal rights. (3) Disapproval. (4) Return for further action. (5) Public file. (g) Implementation of final determination Notice of final determination to discontinue USPS-operated retail facility. (i) Provide notice of the Final Determination by posting a copy prominently in the USPS-operated retail facilities in each affected USPS-operated retail facilities where the proposal was posted under paragraph (d)(1) of this section, including the USPS-operated retail facilities likely to be serving the affected customers. The date of posting must be noted on the first page of the posted copy as follows: “Date of posting.” (ii) Ensure that a copy of the completed record is available for public inspection during normal business hours at each USPS-operated retail facility 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 chapter 4 of Handbook AS-353, Guide to Privacy, the Freedom of Information Act, and Records Management. (2) Implementation of determinations not appealed. Postal Bulletin (3) Actions during appeal Implementation of discontinuance. (ii) Display of appeal documents. (A) The District Manager must ensure that copies of all these documents are prominently displayed and available for public inspection in the USPS-operated retail facilities where the Final Determination was posted under paragraph (g)(1)(i) of this section. If the operation of that USPS-operated retail facility has been suspended, the District Manager must ensure that copies are displayed in the USPS-operated retail facilities likely to be serving the affected customers. (B) All documents except the Postal Regulatory 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 at the USPS-operated retail facility to be discontinued for 30 days or until the effective date of the discontinuance, whichever is earlier. The final order and opinion must be displayed for 30 days in all other USPS-operated retail facilities where the Final Determination was posted under paragraph (g)(1)(i) of this section. (4) Actions following appeal decision Determination affirmed. (ii) Determination returned for further consideration. (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 responsible Headquarters Vice President may provide. [76 FR 41420, July 14, 2011; 76 FR 43898, July 22, 2011, as amended at 76 FR 66187, Oct. 26, 2011; 77 FR 46950, Aug. 7, 2012; 87 FR 29673, May 16, 2022] § 241.4 Relocating retail services; adding new retail service facilities. (a) Application. (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. (ii) The Postal Service may implement emergency relocations without first undertaking the process in paragraph (c) of this section when the Postal Service determines relocation is required to protect Postal Service business due to events such as earthquakes, floods, fire, potential or actual OSHA violations, safety factors, environmental causes, other business disrupting events, or as necessary to protect employees, customers, or the security of the mail. Following an emergency relocation, as soon as the Postal Service determines it is feasible to identify the long-term location for the retail services, the Postal Service will make a tentative decision to remain in the emergency relocation site on a long-term basis, to return to the original retail service facility (if feasible), or to relocate to another site. Unless the decision is to return to the original retail service facility, the Postal Service then will follow the process in paragraph (c) of this section with respect to collecting and considering community input on a proposal to implement that decision. (iii) The Postal Service may implement provisional relocations in connection with lease terminations or expirations, or in connection with a lessor exercising a right to require the Postal Service to move to alternate premises, when the Postal Service has not already undertaken the process in paragraph (c) of this section for such relocations. Not later than 180 days following a provisional relocation, the Postal Service will make a tentative decision to remain in the provisional relocation site on a long-term basis or to relocate to another site. After that decision, the Postal Service will follow the process in paragraph (c) of this section with respect to collecting and considering community input on a proposal to implement that decision. (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. The rules under § 241.4 in effect prior to that date shall apply to projects described in paragraph (a) of this section undertaken prior to that date. (b) Purpose. (c) Collecting and considering community input. (1) Identify the community and engage local elected officials. (2) Notify the community. (3) Solicit comments from the community. (i)(A) If the proposal concerns relocation, then the Postal Service will: ( 1 ( 2 ( 3 (B) The Postal Service may identify more than one potential relocation site and/or area, for example, when the Postal Service has not selected among competing sites. (ii)(A) If the proposal concerns adding a new retail service facility for a community, then the Postal Service will: ( 1 ( 2 ( 3 (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. e.g., (5) Identify any new site or area. (d) Effect on other obligations and policies. (i) Section 106 of the National Historic Preservation Act, 16 U.S.C. 470, Executive Order 12072, and Executive Order 13006; (ii) 39 U.S.C. 404(d) and 39 CFR 241.3; or (iii) 39 U.S.C. 409(f); (2) These are independent policies or obligations of the Postal Service that are not dependent upon a relocation or addition of a retail service facility. [80 FR 9193, Feb. 20, 2015, as amended at 88 FR 36961, June 6, 2023]