[Federal Register Volume 76, Number 142 (Monday, July 25, 2011)]
[Notices]
[Pages 44385-44386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18611]



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POSTAL REGULATORY COMMISSION



[Docket No. A2011-22; Order No. 763]




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 Peach Orchard, Arkansas 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 15, 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 Peach Orchard, Arkansas post office. The 

petition, which was filed by Marietta Austin, is postmarked July 7, 

2011. The Commission hereby institutes a proceeding under 39 U.S.C. 

404(d)(5) and designates the case as Docket No. A2011-22 to consider 

Petitioner's appeal. If Petitioner would like to further explain her 

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 contends that 

the Postal Service failed to consider whether or not it will continue 

to provide a maximum degree of effective and regular postal services to 

the community. See 39 U.S.C. 404(d)(2)(A)(iii).

    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 applicable administrative record with 

the Commission is July 29, 2011. See 39 CFR 3001.113. In addition, the 

due date for any responsive pleading by the Postal Service to this 

Notice is July 29, 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 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 Web master 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, 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



[[Page 44386]]



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 15, 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 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 the applicable administrative 

record regarding this appeal no later than July 29, 2011.

    2. Any responsive pleading by the Postal Service to this Notice is 

due no later than July 29, 2011.

    3. The procedural schedule listed below is hereby adopted.

    4. 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.

    5. The Secretary shall arrange for publication of this notice and 

order and procedural schedule in the Federal Register.



                           Procedural Schedule

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July 14, 2011................  Filing of Appeal.

July 29, 2011................  Deadline for the Postal Service to file

                                the administrative record in this

                                appeal.

July 29, 2011................  Deadline for the Postal Service to file

                                an answer responding to the application

                                for suspension.

August 15, 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 4, 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. 2011-18611 Filed 7-22-11; 8:45 am]

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