[Federal Register Volume 76, Number 101 (Wednesday, May 25, 2011)]
[Notices]
[Pages 30407-30408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12821]


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POSTAL REGULATORY COMMISSION

[Docket No. A2011-16; Order No. 733]


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 Akron-East 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.

DATES: Administrative record due (from Postal Service): May 31, 2011; 
deadline for notices to intervene: June 13, 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 16, 2011, the Commission received two petitions 
for review of the closing of the Akron-East Station in Akron, Ohio. The 
petitions, which were filed by Paul J. Connor and Shirley Strader 
(Petitioners), are both postmarked May 11, 2011, and were posted on the 
Commission's Web site May 17, 2011. The Commission hereby institutes a 
proceeding under 39 U.S.C. 404(d)(5) and designates the case as Docket 
No. A2011-16 to consider Petitioners' appeals. If Petitioners would 
like to further explain their positions with supplemental information 
or facts, Petitioners may either file Participant Statements on PRC 
Form 61 or file briefs with the Commission no later than June 20, 2011.
    Categories of issues apparently raised. Petitioners raise two 
issues: (1) That the Postal Service's decision to close the Akron-East 
Station was arbitrary, capricious, and an abuse of discretion (see 39 
U.S.C. 404(d)(5)(A)); and (2) that the decision was unsupported by 
substantial evidence in the record (see 39 U.S.C. 404(d)(5)(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 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 May 31, 2011. See 39 CFR 3001.113. In addition, the due 
date for any responsive pleading by the Postal Service to this Notice 
is May 31, 2011.
    Application for Suspension of Determination. In addition, Paul J. 
Connor filed an application for suspension of the Postal Service's 
determination to close the Akron-East Station (see 39 CFR 3001.114). He 
argues that irreparable harm will occur in the event that the Akron-
East Station is closed prior to the conclusion of the appeals 
proceeding. Commission rules allow for the Postal Service to file an 
answer to such application within 10 days after the application is 
filed. The Postal Service shall file an answer to the application no 
later than May 26, 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

[[Page 30408]]

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 Petitioners 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 13, 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 an answer to the application for 
suspension of the Postal Service's determination no later than May 26, 
2011.
    2. The Postal Service shall file the administrative record 
regarding this appeal no later than May 31, 2011.
    3. Any responsive pleading by the Postal Service to this Notice is 
due no later than May 31, 2011.
    4. The procedural schedule listed below is hereby adopted.
    5. 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.
    6. The Secretary shall arrange for publication of this notice and 
order in the Federal Register.

                           Procedural Schedule
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May 16, 2011.................................  Filing of appeal.
May 26, 2011.................................  Deadline for the Postal
                                                Service to file answer
                                                responding to
                                                application for
                                                suspension.
May 31, 2011.................................  Deadline for the Postal
                                                Service to file the
                                                administrative record in
                                                this appeal.
May 31, 2011.................................  Deadline for the Postal
                                                Service to file any
                                                responsive pleading.
June 13, 2011................................  Deadline for notices to
                                                intervene (see 39 CFR
                                                3001.111(b)).
June 20, 2011................................  Deadline for Petitioners'
                                                Form 61 or initial brief
                                                in support of petition
                                                (see 39 CFR 3001.115(a)
                                                and (b)).
July 11, 2011................................  Deadline for answering
                                                brief in support of
                                                Postal Service (see 39
                                                CFR 3001.115(c)).
July 26, 2011................................  Deadline for reply briefs
                                                in response to answering
                                                briefs (see 39 CFR
                                                3001.115(d)).
August 2, 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).
September 8, 2011............................  Expiration of the
                                                Commission's 120-day
                                                decisional schedule (see
                                                39 U.S.C. 404(d)(5)).
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    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2011-12821 Filed 5-24-11; 8:45 am]
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