[Federal Register Volume 76, Number 101 (Wednesday, May 25, 2011)]
[Notices]
[Pages 30405-30407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12910]


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POSTAL REGULATORY COMMISSION

[Docket No. A2011-17; Order No. 734]


Appeal of Post Office Closing

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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[[Page 30406]]

SUMMARY: This document informs the public that an appeal of the closing 
of the Nooksack, Washington 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 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 a petition for 
review of the closing of the Nooksack Post Office in Nooksack, 
Washington.\1\ The petition, which was filed by the City of Nooksack 
(Petitioner), is postmarked May 13, 2011, and was 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. A2011-17 to consider Petitioner's appeal. If Petitioner would like 
to further explain its position with supplemental 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 20, 2011.
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    \1\Appeal of Closure of Nooksack Post Office, Nooksack, 
Washington 98276, May 16, 2011 (Petition). The Petition includes 7 
exhibits: Exhibit A--a copy of a Dear Postal Customer Letter; 
Exhibit B--a copy of a letter to the Postal Service regarding an 
opportunity to discuss the possible changes in service in Nooksack; 
Exhibit C--a copy of Landlord's Notice of Termination from the 
Postal Service; Exhibit D--a copy of the Final Determination to 
Consolidate the Nooksack, WA Post Office and Establish a Classified 
Station, 1991; Exhibit E--Commission Opinion Affirming Decision 
under 39 U.S.C. 404(b), Docket No. A92-7; Exhibit F--an e-mail from 
Anne Blair to Virginia Radder; and Exhibit G--Affidavit of Virginia 
Radder. In addition to the Petition, the Petitioner filed an 
Application for Suspension of the Postal Service's Determination.
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    Categories of issues apparently raised. Petitioner raises two 
issues: (1) The failure of the Postal Service to follow the procedural 
requirements of 39 U.S.C. 404(d) and 39 CFR 241.3 for closing a post 
office; and (2) whether the closing is consistent with the policy of 
the Government that the Postal Service shall provide a maximum degree 
of effective and regular postal services to rural areas, communities, 
and small towns where post offices are not self sustaining (see 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 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 to its 
Petition, the Petitioner filed an application for suspension of the 
Postal Service's determination (see 39 CFR 3001.114). Petitioner 
contends that suspending the effectiveness of the determination is 
necessary to prevent the Nooksack post office from being put on an 
irreversible course of closure before the appeals process is concluded. 
Petitioner argues that the city will suffer irreparable injury if the 
Nooksack post office is allowed to close while its appeal is before the 
Commission. As indicated by the Petitioner, the Nooksack post office is 
scheduled to close May 27, 2011. Commission rules allow for the Postal 
Service to file an answer to such application within 10 days after the 
application is filed. In light of what appears to be the proposed close 
date, the Postal Service's answer to the application is due no later 
than May 24, 2011. The Postal Service is encouraged to maintain the 
standard of service currently offered at the Nooksack post office 
pending the Commission's response to the Postal Service's answer.
    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 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 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 24, 
2011.
    2. The Postal Service shall file the administrative record 
regarding this appeal no later than May 31, 2011.

[[Page 30407]]

    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 24, 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 Petitioner's 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 the 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 12, 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.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2011-12910 Filed 5-24-11; 8:45 am]
BILLING CODE 7710-FW-P