[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Notices]
[Pages 78777-78778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31553]


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

POSTAL REGULATORY COMMISSION

[Docket No. A2011-5; Order No. 604]


Post Office Closing

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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

SUMMARY: This document informs the public that an appeal of the closing 
of the Penobscot Finance Station in Detroit, Michigan 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.

DATES: Answer to application for suspension due (from Postal Service): 
December 16, 2010; administrative record due (from Postal Service): 
December 21, 2010; deadline for notices to intervene: January 4, 2011. 
See the Procedural Schedule in the SUPPLEMENTARY INFORMATION section 
for other dates of interest.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov. Those who cannot submit comments 
electronically should contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section by telephone for advice on filing 
alternatives.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, pursuant to 39 
U.S.C. 404(d), on December 6, 2010, the Commission received a petition 
for review of the closing of the Penobscot Finance Station in Detroit, 
Michigan. The petition, which was filed by Barbara Sherwood 
(Petitioner), is postmarked December 1, 2010, and was posted on the 
Commission's Web site December 8, 2010. The Commission hereby 
institutes a proceeding under 39 U.S.C. 404(d)(5) and designates the 
case as Docket No. A2011-5 to consider the Petitioner's appeal. If the 
Petitioner would like to further explain her position with supplemental 
information or facts, she may either file a Participant Statement on 
PRC Form 61 or file a brief with the Commission by no later than 
January 10, 2011.
    Categories of issues apparently raised. The categories of issues 
raised include: Failure to consider the effect on the community. See 39 
U.S.C. 404(d)(2)(A)(i).
    After the Postal Service files the administrative record and the 
Commission reviews it, the Commission may find that there are more 
legal issues than the one 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 administrative record with the 
Commission is December 21, 2010. 39 CFR 3001.113.
    Application for suspension. Petitioner also requests a suspension 
of the determination to close the facility pending the outcome of the 
appeal. The facility is scheduled to close January 3, 2011. The answer 
to the request for suspension is due December 16, 2010. See 39 CFR 
3001.114(b).
    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.
    Intervention. Those, other than the Petitioner and respondent, 
wishing to be heard in this matter are directed to file a notice of 
intervention. See 39 CFR 3001.111. Notices of intervention in this case 
are to be filed on or before January 4, 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 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 the Commission rules, 
if any motions are filed, responses

[[Page 78778]]

are due 7 days after any such motion is filed. See 39 CFR 3001.21.
    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 
December 21, 2010.
    2. The answer to the request for suspension is due December 16, 
2010.
    3. The procedural schedule listed below is hereby adopted.
    4. Pursuant to 39 U.S.C. 505, Cassandra L. Hicks is designated 
officer of the Commission (Public Representative) to represent the 
interests of the general public.
    5. The Secretary shall arrange for publication of this notice and 
order and Procedural Schedule in the Federal Register.

                           Procedural Schedule
------------------------------------------------------------------------
 
------------------------------------------------------------------------
December 6, 2010.............  Filing of Appeal.
December 16, 2010............  Deadline for the Postal Service to answer
                                application for suspension of the
                                determination (see 39 CFR 3001.1114(a)
                                and (b)).
December 21, 2010............  Deadline for Postal Service to file
                                administrative record in this appeal or
                                responsive pleading.
January 4, 2011..............  Deadline for notices to intervene (see 39
                                CFR 3001.111(b)).
January 10, 2010.............  Deadline for Petitioner's Form 61 or
                                initial brief in support of petition
                                (see 39 CFR 3001.115(a) and (b)).
January 31, 2011.............  Deadline for answering brief in support
                                of Postal Service (see 39 CFR
                                3001.115(c)).
February 15, 2011............  Deadline for reply briefs in response to
                                answering briefs (see 39 CFR
                                3001.115(d)).
February 22, 2011............  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).
March 31, 2011...............  Expiration of the Commission's 120-day
                                decisional schedule (see 39 U.S.C.
                                404(d)(5)).
------------------------------------------------------------------------


    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2010-31553 Filed 12-15-10; 8:45 am]
BILLING CODE 7710-FW-P