Post Office Closing

Federal Register, Volume 76 Issue 235 (Wednesday, December 7, 2011)

Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)

Notices

Pages 76443-76444

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2011-31357

Page 76443

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POSTAL REGULATORY COMMISSION

Docket No. A2012-65; Order No. 1007

Post Office Closing

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: This document informs the public that an appeal of the closing of the Greeley, Iowa post office has been filed. It identifies preliminary steps and provides a procedural schedule. Publication of this document will allow the Postal Service, petitioners, and others to take appropriate action.

DATES: November 29, 2011: Administrative record due (from Postal Service); December 27, 2011, 4:30 p.m., Eastern Time: Deadline for notices to intervene. See the Procedural Schedule in the SUPPLEMENTARY INFORMATION section for other dates of interest.

ADDRESSES: Submit comments electronically by accessing the ``Filing Online'' link in the banner at the top of the Commission's Web site (http://www.prc.gov) or by directly accessing the Commission's Filing Online system at https://www.prc.gov/prc-pages/filing-online/login.aspx. Commenters who cannot submit their views electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section as the source for case-related information for advice on alternatives to electronic filing.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, at (202) 789-6820 (case-related information) or DocketAdmins@prc.gov (electronic filing assistance).

SUPPLEMENTARY INFORMATION: Notice is hereby given that, pursuant to 39 U.S.C. 404(d), on November 14, 2011, the Commission received a petition for review of the Postal Service's determination to close the Greeley post office in Greeley, Iowa. The petition for review was filed by Genny Bennett (Petitioner) and is postmarked October 28, 2011. The Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and establishes Docket No. A2012-65 to consider Petitioner's appeal. If Petitioner would like to further explain her position with supplemental information or facts, Petitioner may either file a Participant Statement on PRC Form 61 or file a brief with the Commission no later than December 19, 2011.

Categories of issues apparently raised. Petitioner contends that the Postal Service failed to consider whether or not it will continue to provide a maximum degree of effective and regular postal services to the community (see 39 U.S.C. 404(d)(2)(A)(iii)).

After the Postal Service files the administrative record and the Commission reviews it, the Commission may find that there are more legal issues than those set forth above, or that the Postal Service's determination disposes of one or more of those issues. The deadline for the Postal Service to file the applicable administrative record is within 15 days after the date in which the petition for review was filed with the Commission. See 39 CFR 3001.113. In addition, the due date for any responsive pleading by the Postal Service is also within 15 days after the date in which the petition for review was filed with the Commission.

Availability; Web site posting. The Commission has posted the appeal and supporting material on its Web site at http://www.prc.gov. Additional filings in this case and participant's submissions also will be posted on the Web site, if provided in electronic format or amenable to conversion, and not subject to a valid protective order. Information on how to use the Commission's Web site is available online or by contacting the Commission's webmaster via telephone at (202) 789-6873 or via electronic mail at prc-webmaster@prc.gov.

The appeal and all related documents are also available for public inspection in the Commission's docket section. Docket section hours are 8 a.m. to 4:30 p.m., Eastern Time, Monday through Friday, except on Federal government holidays. Docket section personnel may be contacted via electronic mail at prc-dockets@prc.gov or via telephone at (202) 789-6846.

Filing of documents. All filings of documents in this case shall be made using the Internet (Filing Online) pursuant to Commission rules 9(a) and 10(a) at the Commission's Web site, http://www.prc.gov, unless a waiver is obtained. See 39 CFR 3001.9(a) and 3001.10(a). Instructions for obtaining an account to file documents online may be found on the Commission's Web site, http://www.prc.gov, or by contacting the Commission's docket section at prc-dockets@prc.gov or via telephone at (202) 789-6846.

Commission reserves the right to redact personal information which may infringe on an individual's privacy rights from documents filed in this proceeding.

Intervention. Persons, other than the Petitioners and respondents, wishing to be heard in this matter are directed to file a notice of intervention. See 39 CFR 3001.111(b). Notices of intervention in this case are to be filed on or before December 27, 2011. A notice of intervention shall be filed using the Internet (Filing Online) at the Commission's Web site, http://www.prc.gov, unless a waiver is obtained for hardcopy filing. See 39 CFR 3001.9(a) and 3001.10(a).

Further procedures. By statute, the Commission is required to issue its decision within 120 days from the date it receives the appeal. See 39 U.S.C. 404(d)(5). A procedural schedule has been developed to accommodate this statutory deadline. In the interest of expedition, in light of the 120-day decision schedule, the Commission may request the Postal Service or other participants to submit information or memoranda of law on any appropriate issue. As required by Commission rules, if any motions are filed, responses are due 7 days after any such motion is filed. See 39 CFR 3001.21.

It is ordered:

1. The procedural schedule listed below is hereby adopted.

2. Pursuant to 39 U.S.C. 505, Pamela A. Thompson is designated officer of the Commission (Public Representative) to represent the interests of the general public.

3. The Secretary shall arrange for publication of this notice and order and Procedural Schedule in the Federal Register.

By the Commission.

Shoshana M. Grove,

Secretary.

Procedural Schedule

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November 14, 2011................................. Filing of Appeal.

November 29, 2011................................. Deadline for the

Postal Service to

file the applicable

administrative

record in this

appeal.

November 29, 2011................................. Deadline for the

Postal Service to

file any responsive

pleading.

December 27, 2011................................. Deadline for notices

to intervene (see

39 CFR

3001.111(b)).

December 19, 2011................................. Deadline for

Petitioners' Form

61 or initial brief

in support of

petition (see 39

CFR 3001.115(a) and

(b)).

January 9, 2012................................... Deadline for

answering brief in

support of the

Postal Service (see

39 CFR

3001.115(c)).

Page 76444

January 24, 2012.................................. Deadline for reply

briefs in response

to answering briefs

(see 39 CFR

3001.115(d)).

January 31, 2012.................................. Deadline for motions

by any party

requesting oral

argument; the

Commission will

schedule oral

argument only when

it is a necessary

addition to the

written filings

(see 39 CFR

3001.116).

February 27, 2012................................. Expiration of the

Commission's 120-

day decisional

schedule (see 39

U.S.C. 404(d)(5)).

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FR Doc. 2011-31357 Filed 12-6-11; 8:45 am

BILLING CODE 7710-FW-P