[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Notices]
[Pages 28103-28104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11781]


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POSTAL REGULATORY COMMISSION

[Docket No. A2011-15; Order No. 726]


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 Gywnedd, Pennsylvania post office 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): May 18, 2011; 
deadline for notices to intervene: June 3, 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 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 [email protected] 
(electronic filing assistance).

SUPPLEMENTARY INFORMATION: Notice is hereby given that, pursuant to 39 
U.S.C. 404(d), on May 3, 2011, the Commission received a petition for 
review of the closing of the Gwynedd, Pennsylvania post office. The 
petition, which was filed by Christina Surowiec (Petitioner), is 
postmarked May 2, 2011, and was posted on the Commission's Web site May 
4, 2011. The Commission hereby institutes a proceeding under 39 U.S.C. 
404(d)(5) and designates the case as Docket No. A2011-15 to consider 
Petitioner's appeal. If Petitioner would like to further explain her 
position with SUPPLEMENTARY INFORMATION or facts, Petitioner may either 
file a Participant Statement on PRC Form 61 or file a brief with the 
Commission no later than June 7, 2011.
    Categories of issues apparently raised. Preliminarily, Petitioner 
raises several issues, including failure to consider the effect on the 
community (see 39 U.S.C. 404(d)(2)(A)(i)), and failure to observe 
procedures required by law (see 39 U.S.C. 404(d)(5)(B)). In addition, 
Petitioner contends that the Postal Service failed to consider relevant 
facts, and that its determination to close the Gwynedd post office is 
arbitrary and capricious.
    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

[[Page 28104]]

deadline for the Postal Service to file the administrative record with 
the Commission is May 18, 2011. See 39 CFR 3001.113. In addition, the 
due date for any responsive pleading by the Postal Service to this 
Notice is May 18, 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 participant's 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 must be filed on or before June 3, 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 May 18, 2011.
    2. Any responsive pleading by the Postal Service to this notice is 
due no later than May 18, 2011.
    3. The procedural schedule listed below is hereby adopted.
    4. Pursuant to 39 U.S.C. 505, Richard A. Oliver 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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May 3, 2011...........................  Filing of Appeal.
May 18, 2011..........................  Deadline for the Postal Service
                                         to file the administrative
                                         record in this appeal.
May 18, 2011..........................  Deadline for the Postal Service
                                         to file any responsive
                                         pleading.
June 3, 2011..........................  Deadline for notices to
                                         intervene (see 39 CFR
                                         3001.111(b)).
June 7, 2011..........................  Deadline for Petitioner's Form
                                         61 or initial brief in support
                                         of petition (see 39 CFR
                                         3001.115(a) and (b)).
June 27, 2011.........................  Deadline for answering brief in
                                         support of Postal Service (see
                                         39 CFR 3001.115(c)).
July 12, 2011.........................  Deadline for reply briefs in
                                         response to answering briefs
                                         (see 39 CFR 3001.115(d)).
July 19, 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).
August 30, 2011.......................  Expiration of the Commission's
                                         120-day decisional schedule
                                         (see 39 U.S.C. 404(d)(5) and
                                         (6)).
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    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2011-11781 Filed 5-12-11; 8:45 am]
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