---
kind: "section"
citation: "39 C.F.R. § 776.4"
title: "39"
number: "776.4"
heading: "Scope."
url: "https://uscodex.org/cfr/39/776.4"
---

# §776.4. Scope.

- (a) The regulations in this subpart are applicable to the following proposed postal facility actions located in a floodplain:
  - (1) New construction, owned or leased; or
  - (2) Construction projects at an existing facility that would increase the amount of impervious surface at the site.
- (b) **These procedures are not applicable to the following postal facility actions—**
  - (1) Those actions identified in paragraphs [(a)(1)](#a-1) and [(a)(2)](#a-2) of this section, when the entire preferred area, or all contending sites, for such actions lies within a floodplain;
  - (2) Incidental construction, such as construction of athletic fields, recreational facilities, sidewalks, and other minor alteration projects;
  - (3) Construction at existing postal facilities pursuant to the Architectural Barriers Act or postal accessibility standards;
  - (4) Any facility construction project deemed necessary to comply with federal, state, or local health, sanitary, or safety code standards to ensure safe working conditions;
  - (5) Construction of facilities that are functionally dependent on water, such as piers, docks, or boat ramps;
  - (6) Maintenance, repair, or renovation of existing facilities; or
  - (7) **Leasing or other use of space for not more than one year.**

## Notes

### Authority

Authority: 39 U.S.C. 401.

### Source

Source: 64 FR 56254, Oct. 19, 1999, unless otherwise noted.