[Federal Register Volume 72, Number 157 (Wednesday, August 15, 2007)]
[Notices]
[Pages 45834-45836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15953]


=======================================================================
-----------------------------------------------------------------------

POSTAL REGULATORY COMMISSION

[Docket No. A2007-1; Order No. 24]


Appeal of Post Office Closing in Ecorse, MI

AGENCY: Postal Regulatory Commission.

ACTION: Notice and order.

-----------------------------------------------------------------------

SUMMARY: This document informs the public that an appeal of the closing 
of the Ecorse, MI, Classified Finance

[[Page 45835]]

Station has been filed. It identifies preliminary steps and provides a 
procedural schedule. Publication of this document will allow the Postal 
Service, petitioner, and others to take appropriate action.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
202-789-6820 and [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that pursuant to 39 
U.S.C. 404(d), the Commission has received an appeal of the closing of 
the Ecorse Classified Finance Station, Ecorse, MI. The appeal was 
postmarked and therefore deemed filed on July 27, 2007, and a 
supplemental letter detailing the appeal was deemed filed with the 
Commission on July 30, 2007.\1\ The Commission hereby institutes a 
proceeding under 39 U.S.C. 404(d)(5) and designates the case as Docket 
No. A2007-1 to consider the petitioner's appeal.
---------------------------------------------------------------------------

    \1\ The Postal Accountability and Enhancement Act section 1006 
amends 39 U.S.C. 404(d) to make the date of receipt by the 
Commission of a post office closing appeal the date on which it 
receives a Postal Service postmark.
---------------------------------------------------------------------------

    Categories of issues apparently raised. The categories of issues 
that appear to be raised include:
    2. Observance of procedure required by law [39 U.S.C. 
404(d)(5)(B)];
    3. Effect on the community [39 U.S.C. 404(d)(2)(A)(i)]; and
    4. Effect on employees [39 U.S.C. 404(d)(2)(A)(ii)].
    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 deadline for the Postal Service to file the 
administrative record with the Commission, or otherwise file a 
responsive pleading, is August 13, 2007. 39 CFR 3001.113.
    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 participants' 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 [email protected].
    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., Monday through Friday, except on Federal 
Government holidays. Docket section personnel may be contacted via 
electronic mail at [email protected] 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. 39 CFR 3001.9(a) and 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 [email protected] or via telephone at 
202-789-6846. The petitioner is granted a waiver from Filing Online.
    Intervention. Those, other than the petitioner and respondent, 
wishing to be heard in this matter are directed to file a notice of 
intervention on or before September 4, 2007 in accordance with 39 CFR 
3001.111. The 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. Rules 9(a) and 10(a) 
[39 CFR 3001.9(a) and 10(a).]
    Further procedures. The Postal Reorganization Act requires that the 
Commission issue its decision within 120 days from the date this appeal 
was filed [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 
memoranda of law on any appropriate issue. If requested, such memoranda 
will be due 14 days from the issuance of the request. Responses to such 
memoranda will be due 14 days from the date the memoranda are filed. As 
required by the Commission rules, if any motions are filed, responses 
are due 7 days after any such motion is filed. 39 CFR 3001.21. If 
necessary, the Commission also may ask petitioners or the Postal 
Service for more information.
    Suspension application. Petitioner's supplemental letter filed on 
July 30, 2007, requests that the Commission suspend the effectiveness 
of the Postal Service's determination to close the Ecorse Classified 
Finance Station. Rule 114(b) [39 CFR 3001.114(b)] requires the Postal 
Service to file and serve on the petitioner an answer to the suspension 
application by August 9, 2007, unless an extension under rule 16 is 
granted \2\ [39 CFR 3001.16(b)]. The Commission finds that the Postal 
Service would be unduly prejudiced if it had to file a response to the 
suspension application by that date. Therefore, it, sua sponte, extends 
the Postal Service's time to answer the suspension application until 
August 16, 2007. The petitioner may file a reply to the Postal 
Service's answer within 7 days of the Postal Service filing such 
answer.
---------------------------------------------------------------------------

    \2\ Given the changes in the law discussed in footnote 1, the 
Postal Service's time to respond to a suspension application is 
shortened considerably.
---------------------------------------------------------------------------

Ordering Paragraphs

    It is ordered:
    1. The Postal Service shall file the administrative record in this 
appeal, or otherwise file a responsive pleading to the appeal, by 
August 13, 2007.
    2. The Postal Service shall file an answer to the suspension 
application by August 16, 2007.
    3. The petitioner may file a reply to the Postal Service's answer 
to the suspension application within 7 days of the Postal Service 
filing such answer.
    4. The procedural schedule is listed below.
    5. The petitioner is granted a waiver from Online Filing.
    6. The Secretary shall arrange for publication of this notice and 
order and procedural schedule in the Federal Register.

                           Procedural Schedule
------------------------------------------------------------------------
 
------------------------------------------------------------------------
July 27, 2007.....................  Filing of Appeal.
August 9, 2007....................  Commission Notice and Order of
                                     Filing of Appeal.
August 13, 2007...................  Deadline for Postal Service to file
                                     administrative record in this
                                     appeal.
August 16, 2007...................  Deadline for Postal Service to file
                                     an answer to suspension application
                                     [39 CFR 3001.114(b)].
September 4, 2007.................  Last day of filing of petitions to
                                     intervene [see 39 CFR 3001.111(b)].

[[Page 45836]]

 
August 31, 2007...................  Petitioner's Participant Statement
                                     or Initial Brief due [see 39 CFR
                                     3001.115(a) and (b)].
September 20, 2007................  Postal Service's Answering Brief due
                                     [see 39 CFR 3001.115(c)].
October 5, 2007...................  Petitioner's Reply Brief due should
                                     petitioner choose to file one [see
                                     39 CFR 3001.115(d)].
October 12, 2007..................  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].
November 26, 2007.................  Expiration of the Commission's 120-
                                     day decisional schedule [see 39
                                     U.S.C. 404(d)(5)].
------------------------------------------------------------------------


    Dated: August 9, 2007.

    By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E7-15953 Filed 8-14-07; 8:45 am]
BILLING CODE 7710-FW-P