[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Notices]
[Pages 20052-20053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8478]


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POSTAL REGULATORY COMMISSION

[Docket No. A2011-13; Order No. 709]


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 Rogers Avenue Station in Fort Smith, Arkansas 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: Administrative record due (from Postal Service): April 12, 2011; 
deadline for notices to intervene: May 2, 2011. 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 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 [email protected] 
(electronic filing assistance).

SUPPLEMENTARY INFORMATION: Notice is hereby given that, pursuant to 39 
U.S.C. 404(d), on March 28, 2011, the Commission received a petition 
for review of the closing of the Rogers Avenue Station in Fort Smith, 
Arkansas. The petition, which was filed by Kelly A. Procter-Pierce 
(Petitioner), is postmarked March 22, 2011, and was posted on the 
Commission's Web site March 29, 2011. The Commission hereby institutes 
a proceeding under 39 U.S.C. 404(d)(5) and designates the case as 
Docket No. A2011-13 to consider Petitioner's appeal. If Petitioner 
would like to further explain her position with supplemental 
information or facts,

[[Page 20053]]

Petitioner may either file a Participant Statement on PRC Form 61 or 
file a brief with the Commission no later than May 2, 2011.
    Categories of issues apparently raised. Petitioner appears to raise 
the issue of 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 April 12, 2011. See 39 CFR 3001.113. In addition, the due 
date for any responsive pleading by the Postal Service to this Notice 
is April 12, 2011.
    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 will also 
be posted on the Commission's 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. 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 or by contacting the Commission's docket section 
at [email protected] or via telephone at 202-789-6846.
    The Commission reserves the right to redact personal information 
which may infringe on an individual's privacy rights from documents 
filed in this proceeding.
    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(b). Notices of intervention in this 
case are to be filed on or before May 2, 2011. A notice of intervention 
shall be filed using the Internet (Filing Online) at the Commission's 
Web site 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 the 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 Postal Service shall file the administrative record 
regarding this appeal no later than April 12, 2011.
    2. Any responsive pleading by the Postal Service to this Notice is 
due no later than April 12, 2011.
    3. The procedural schedule listed below is hereby adopted.
    4. Pursuant to 39 U.S.C. 505, Christopher J. Laver 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 in the Federal Register.

                           Procedural Schedule
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March 28, 2011........................  Filing of Appeal.
April 12, 2011........................  Deadline for the Postal Service
                                         to file the administrative
                                         record in this appeal.
April 12, 2011........................  Deadline for the Postal Service
                                         to file any responsive
                                         pleading.
May 2, 2011...........................  Deadline for notices to
                                         intervene (see 39 CFR
                                         3001.111(b)).
May 2, 2011...........................  Deadline for Petitioner's Form
                                         61 or initial brief in support
                                         of petition (see 39 CFR
                                         3001.115(a) and (b)).
May 23, 2011..........................  Deadline for answering brief in
                                         support of Postal Service (see
                                         39 CFR 3001.115(c)).
June 7, 2011..........................  Deadline for reply briefs in
                                         response to answering briefs
                                         (see 39 CFR 3001.115(d)).
June 14, 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).
July 20, 2011.........................  Expiration of the Commission's
                                         120-day decisional schedule
                                         (see 39 U.S.C. 404(d)(5)) the
                                         expiration date is 120 days
                                         from March 22, 2011, the
                                         postmark date of the appeal).
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    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2011-8478 Filed 4-8-11; 8:45 am]
BILLING CODE 7710-FW-P