[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Notices]
[Pages 44054-44055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18589]


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POSTAL REGULATORY COMMISSION

[Docket No. A2011-21; Order No. 761]


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 Ukiah, California Main Post Office has been filed. It identifies 
preliminary steps and provides a procedural schedule. Publication of 
this document will allow the Postal Service, petitioners, and others to 
take appropriate action.

DATES: Administrative record due (from Postal Service): July 29, 2011; 
deadline for notices to intervene: August 12, 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 July 14, 2011, the Commission received a petition for 
review of the closing of the Ukiah Main Post Office, Ukiah, California. 
The petition, which was filed by the Save Ukiah Post Office Committee 
and Michael E. Sweeny (Petitioner). The Commission hereby institutes a 
proceeding under 39 U.S.C. 404(d)(5) and designates the case as Docket 
No. A2011-21 to consider the Petitioner's appeal. If Petitioner would 
like to further explain his 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, August 18, 2011.
    Categories of issues apparently raised. Petitioner raises the 
following issues: Failure of the Postal Service to adequately consider 
the economic savings resulting from the closure; and failure of the 
Postal Service to follow procedures required by law regarding closures. 
See 39 U.S.C. 404(d)(5)(B).
    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 two 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 applicable administrative record with 
the Commission is July 29, 2011. 39 CFR 3001.113. In addition, the due 
date for any responsive pleading by the Postal Service to this Notice 
is July 29, 2011.
    Application for suspension of determination. In addition to its 
Petition, the Save the Ukiah Post Office Committee and Michael E. 
Sweeney filed an application for suspension of the Postal Service's 
determination (see 39 CFR 3001.114). 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 July 25, 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 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.
    All documents filed will be posted on the Commission's Web site. 
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 persons, 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 August 12, 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 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 July 25, 
2011.
    2. The Postal Service shall file the applicable administrative 
record regarding this appeal no later than July 29, 2011.

[[Page 44055]]

    3. Any responsive pleading by the Postal Service to this Notice is 
due no later than July 29, 2011.
    4. The procedural schedule listed below is hereby adopted.
    5. Pursuant to 39 U.S.C. 505, Tracy N. Ferguson 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 and procedural schedule in the Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.

                           Procedural Schedule
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July 14, 2011.....................  Filing of Appeal.
July 25, 2011.....................  Deadline for the Postal Service to
                                     file an answer responding to the
                                     application for suspension.
July 29, 2011.....................  Deadline for the Postal Service to
                                     file the administrative record in
                                     this appeal.
August 12, 2011...................  Deadline for notices to intervene
                                     (see 39 CFR 3001.111(b)).
August 18, 2011...................  Deadline for Petitioner's Form 61 or
                                     initial brief in support of
                                     petition (see 39 CFR 3001.115(a)
                                     and (b)).
September 7, 2011.................  Deadline for answering brief in
                                     support of the Postal Service (see
                                     39 CFR 3001.115(c)).
September 22, 2011................  Deadline for reply briefs in
                                     response to answering briefs (see
                                     39 CFR 3001.115(d)).
September 29, 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).
November 10, 2011.................  Expiration of the Commission's 120-
                                     day decisional schedule (see 39
                                     U.S.C. 404(d)(5)).
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[FR Doc. 2011-18589 Filed 7-21-11; 8:45 am]
BILLING CODE 7710-FW-P