[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Notices]
[Pages 59997-59998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27778]
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POSTAL REGULATORY COMMISSION
[Docket No. PI2010-1; Order No. 335]
Inquiry Into Suspended Post Offices
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is establishing a docket to address Postal
Service practices related to suspension of post offices. It invites
comments from the public on this topic.
DATES: 1. Comments are due: January 15, 2010. 2. Reply comments are
due: February 16, 2010.
ADDRESSES: Submit comments electronically via the Commission's Filing
Online system at http://www.prc.gov. Commenters who cannot submit their
views electronically should contact the person identified FOR FURTHER
INFORMATION CONTACT by telephone for advice on alternatives to
electronic filing.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
202-789-6820 or [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. Public Representative
III. Ordering Paragraphs
I. Background
Order No. 319 concluded Docket No. A2009-1, Appeal of the Hacker
Valley, West Virginia Post Office Closing.\1\ During that proceeding,
information came to light that convinced the Commission that further
inquiry and analysis was necessary. On August 14, 2009, the Postal
Service filed with the Commission its response to Commission
Information Request No. 1, questions 1 through 13 (CIR No. 1).\2\ The
Commission concerns arose as a result of the responses to questions 6
through 9. The Commission gathers from the Postal Service's responses
that 97 post offices have been suspended due to lease expiration during
the past 5 years and most of them remain suspended. Response to CIR No.
1 at 8. The Commission initiates this public inquiry to develop further
information on the status of these suspended offices and the Postal
Service practice of suspending offices for extended periods without
affording the public the rights guaranteed by 39 U.S.C. 404(d). The
Commission seeks input from the public on this matter.
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\1\ Docket No. A2009-1, Order on Appeal of Hacker Valley, West
Virginia Post Office Closing, October 19, 2009 (Order No. 319).
\2\ Response of the United States Postal Service to Commission
Information Request No. 1, August 14, 2009 (Response).
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In CIR No. 1, questions 6 through 9, the Commission sought
information pertaining to post offices suspended during the last 5
years due to lease expirations. The Postal Service's response to CIR
No. 1, question 6, informs the Commission that 97 offices have been
suspended from 2004 to 2009. Id. The response includes a list naming
each of the 97 offices, their ZIP Codes, and date of suspension. In CIR
No. 1, question 7, the Commission asks how many of the suspended post
offices were subsequently closed. The Postal Service responds that 25
of the 97 offices were subsequently closed and provides another list
adding a column providing the close date. Id. at 12. CIR No. 1,
question 8, seeks to know how many of the suspended post offices were
reopened. The Postal Service states that 2 of the 97 offices have been
reopened. Id. at 14. CIR No. 1, question 9, asks how many of the
suspended offices are pending closure. The Postal Service reported that
the closure process had been initiated for five offices. Id. at 15.
Based on these responses, the Commission establishes that 65 post
[[Page 59998]]
offices suspended due to the expiration of a facility lease during the
previous 5 years remain suspended.
The Commission is concerned that post office customers throughout
the nation do not have access to local post offices and their services
due to suspensions. It is evident that several post offices have been
suspended for a number of years, and the Postal Service apparently has
taken no effective action to reopen or close such offices. Pursuant to
39 U.S.C. 404(a)(3), the Postal Service has the authority to determine
the need for post offices. Section 404 establishes the process with
which the Postal Service must comply when closing or consolidating post
offices. This process allows for public comment on the proposed closure
and the appeal of a determination to close a post office. 39 U.S.C.
404(d). However, based on the information gathered in Docket No. A2009-
1, it appears that the Postal Service may be avoiding this process by
suspending post offices and allowing them to simply remain suspended
without any action.
Pursuant to Handbook PO-101 section 617, the District Manager,
Customer Service and Sales, must determine a plan of action to restore
service, secure suitable alternate quarters, take other corrective
action, or initiate a discontinuance study within 90 days of the
suspension. Docket No. A2009-1, Commission Information Request No. 2,
September 29, 2009, requests the Postal Service to provide a copy of
its plan of action regarding the Hacker Valley post office. The Postal
Service submitted the plan of action and indicated that it was studying
the office for discontinuance.\3\ However, in Commission Information
Request No. 3, October 26, 2009, question 1, the Commission lists
several of the tasks required for the Preparing for Investigation phase
of the discontinuance study and asks which tasks had been completed.
The Postal Service replied that though the study had commenced, none of
the listed tasks had been completed.\4\
It is not sufficient to simply suspend operations at a post office
without promptly developing a plan to reopen or close the existing
office. The Commission initiates this public inquiry to investigate
this matter to better understand the scope of this problem. Interested
persons, including members of the public who are patrons of recently
suspended and not so recently suspended post offices, are invited to
provide written comments.
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\3\ Response of United States Postal Service to Commission
Information Request No. 2, September 29, 2009.
\4\ Response of United States Postal Service to Commission
Information Request No. 3, October 26, 2009, at 1.
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II. Public Representative
Section 505 of title 39 requires the designation of an officer of
the Commission in all public proceedings to represent the interests of
the general public. The Commission hereby designates Richard A. Oliver
as Public Representative in this proceeding. Pursuant to this
designation, he will direct the activities of Commission personnel
assigned to assist him and will, upon request, provide their names for
the record. Neither he nor any of the assigned personnel will
participate in or provide advice on any Commission decision in this
proceeding.
An aspect of the responsibilities of the Public Representative will
be to work with the Postal Service to develop an accurate
representation of how written procedures related to the emergency
suspension of post offices are being adhered to in actual practice. In
addition, the Public Representative should review subsequent Postal
Service action related to the relocation or closing of post offices
that were suspended due to the expiration of the lease for the
facility.
III. Ordering Paragraphs
It is ordered:
1. Docket No. PI2010-1 is established for the purpose of receiving
comments pertaining to the suspension of post offices due to lease
expirations.
2. Interested persons may submit written comments by January 15,
2010.
3. Reply comments also may be filed by February 16, 2010.
4. Richard A. Oliver is designated as the Public Representative to
represent the interests of the general public in this docket.
5. The Secretary shall arrange for publication of this notice in
the Federal Register.
By the Commission.
Judith M. Grady,
Acting Secretary.
[FR Doc. E9-27778 Filed 11-18-09; 8:45 am]
BILLING CODE 7710-FW-S