[Federal Register Volume 68, Number 189 (Tuesday, September 30, 2003)]
[Notices]
[Pages 56350-56351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24659]


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POSTAL RATE COMMISSION

[Order No. 138; Docket No. A2003-1]


Notice of Appeal of Post Office Closing in Birmingham Green, AL

AGENCY: Postal Rate Commission.

ACTION: Notice and order.

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SUMMARY: Several petitioners have filed an appeal of a post office 
closing in Birmingham Green, Alabama. The Commission has assigned this 
appeal a docket number, informed the Postal Service and the public of 
the appeal, and established a procedural schedule. A decision on the 
merits, including whether the Commission has jurisdiction over this 
appeal, has not yet been made.

DATES: The Postal Service is to file the administrative record by 
October 3, 2003.

ADDRESSES: For further information contact Stephen L. Sharfman, General 
Counsel, Postal Rate Commission, 1333 H Street, NW., Suite 300, 
Washington, DC 20268-0001.
    See SUPPLEMENTARY INFORMATION for other deadlines.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
202-789-6820.

SUPPLEMENTARY INFORMATION: In notice and order No. 1384, issued 
September 24, 2003, the Commission provided notice that certain 
petitioners had filed an appeal of a post office closing in Birmingham 
Green, Alabama 35237. It also identified, among other things, the 
categories of issues that appeared to have been raised in the petition 
and noted that a 120-day statutory deadline applied to issuance of a 
decision. A subsequent errata notice (issued September 24, 2003) stated 
that a deadline had been inadvertently omitted from order no. 1384. 
Specifically, it indicated that ordering paragraph (a) in order no. 
1384 should have specified ``October 3, 2003'' as the deadine for the 
Postal Service to file the administrative record. The text of the first 
notice, captioned Notice and Order Accepting Appeal and Establishing 
ProceduraI Schedule Under 39 U.S.C. 404(b)(5), appears in part I, as 
corrected by order no. 1384 (errata notice). Part II includes the 
procedural schedule published as an appendix to order no. 1384.

I. Text of Order No. 1384

    Name of affected post office: Birmingham Green, AL 35237.
    Name(s) of petitioner(s): George Prince, Terry Finch and James E. 
Roberts.
    Type of determination: Closing.
    Date of filing of appeal papers: September 17, 2003.
    Categories of issues apparently raised: 1. Observance of procedure 
required by law [39 U.S.C. 404(b)(5)(B)]. 2. Effect on the community 
[39 U.S.C. 404(b)(2)(A)]. 3. Effect on postal services [39 U.S.C. 
404(b)(2)(C)].
    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, the Commission may find 
that the Postal Service's determination disposes of one or more of 
those issues.
    The Postal Reorganization Act requires that the Commission issue 
its decision within 120 days from the date

[[Page 56351]]

this appeal was filed (39 U.S.C. 404 (b)(5)). The attached 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 to submit memoranda of 
law on any appropriate issue. If requested, such memoranda will be due 
14 days from the issuance of the request and the Postal Service shall 
serve a copy of its memoranda on the petitioners. The Postal Service 
may incorporate by reference in its briefs or motions any arguments 
presented in memoranda it previously filed in this docket. If 
necessary, the Commission also may ask petitioners or the Postal 
Service for more information.

II. Procedural Schedule (Appendix to Order No. 1384)

    September 17, 2003: filing of appeal.
    September 23, 2003: Commission notice and order of filing of 
appeal.
    October 20, 2003: last day of filing of petitions to intervene [see 
39 CFR 3001.111(b)].
    October 13, 2003: petitioner's participant statement or initial 
brief [see 39 CFR 3001.115(a) and (b)].
    November 3, 2003: Postal Service's answering brief [see 39 CFR 
3001.115(c)].
    November 18, 2003: petitioner's reply brief should petitioner 
choose to file one [see 39 CFR 3001.115(d)].
    November 25, 2003: 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].
    January 25, 2004: expiration of the Commission's 120-day decisional 
schedule [see 39 U.S.C. 404(b)(5)].

III. Ordering Paragraphs

    The Commission orders:
    (a) The Postal Service shall file the record in this appeal by 
October 3, 2003.
    (b) The secretary of the Postal Rate Commission shall publish this 
notice and order and procedural schedule in the Federal Register.

    By the Commission.

    Issued: September 23, 2003.

    Dated: September 24, 2003.
Garry J. Sikora,
Acting Secretary.
[FR Doc. 03-24659 Filed 9-29-03; 8:45 am]
BILLING CODE 7710-FW-P