May 9, 2001

In the Matter of the Petition by

FRANK GOMON
P.O. Box 570031
Tarzana, CA 91357-0031

Appeal of Proposed P.O. Box Closure

P.S. Docket No. POB 01-2

APPEARANCE FOR PETITIONER:
Frank Gomon
P. O. Box 570031
Tarzana, CA 91357-0031

APPEARANCE FOR RESPONDENT:
Catherine A. Green, Esq.
Corporate Law Section
United States Postal Service
475 L’Enfant Plaza, SW, Room 6112
Washington, DC 20260-1127

Petitioner, Frank Gomon, has filed an appeal from a decision of an Administrative Law Judge dismissing his Petition as moot. The Administrative Law Judge found that Petitioner’s post office box had not been closed and that Petitioner was not entitled to a hearing under 39 C.F.R. Part 958 on his complaints against the Tarzana, CA Post Office.

Petitioner does not contend on appeal that his post office box service has been terminated or that the Administrative Law Judge improperly dismissed the Petition as moot. Rather, he makes several arguments concerning the payment schedule for his post office box and alleges that the Tarzana, CA Postmaster has overcharged him for his box.

Questions concerning the payment of fees for post office box service are not appealable under 39 C.F.R. Part 958 and the postmaster is not required under that regulation or the Domestic Mail Manual (DMM Issue 56, January 7, 2001) to issue a determination on such questions. Moreover, the damages Petitioner is seeking are not recoverable in this proceeding. Accordingly, as the record supports the Administrative Law Judge’s conclusion that Petitioner’s post office box has not been closed and Petitioner’s complaints against the Tarzana, CA Post Office are not a proper matter for consideration under 39 C.F.R. Part 958, Petitioner’s appeal is denied and the dismissal of the Petition is affirmed.

					James A. Cohen
					Judicial Officer