[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Notices]
[Pages 58312-58314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24017]


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POSTAL REGULATORY COMMISSION

[Docket No. A2011-69; Order No. 853]


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 Old Chatham, New York 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): September 23, 
2011.

[[Page 58313]]

Deadline for notices to intervene: October 11, 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 September 8, 2011, the Commission received a petition 
for review of the Postal Service's determination to close the Old 
Chatham post office in Old Chatham, New York. The petition was filed by 
Karen A. Murphy and Richard A. Dorsey (Petitioners) and is postmarked 
September 6, 2011. The Commission hereby institutes a proceeding under 
39 U.S.C. 404(d)(5) and establishes Docket No. A2011-69 to consider 
Petitioners' appeal. If Petitioners would like to further explain their 
position with supplemental information or facts, Petitioners may either 
file a Participant Statement on PRC Form 61 or file a brief with the 
Commission no later than October 13, 2011.

Categories of Issues Apparently Raised

    Petitioners contend that: (1) The Postal Service failed to consider 
the effect of the closing on the community. See 39 U.S.C. 
404(d)(2)(A)(i); and (2) the Postal Service failed to adequately 
consider the economic savings resulting from the closure (see 39 U.S.C. 
404(d)(2)(A)(iv)).
    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 ones 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 September 23, 2011. See 39 CFR 3001.113. 
In addition, the due date for any responsive pleading by the Postal 
Service to this Notice is September 23, 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 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., eastern time, 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

    Persons, other than 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 are to be filed 
on or before October 11, 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 applicable administrative 
record regarding this appeal no later than September 23, 2011.
    2. Any responsive pleading by the Postal Service to this notice is 
due no later than September 23, 2011.
    3. The procedural schedule listed below is hereby adopted.
    4. Pursuant to 39 U.S.C. 505, James Waclawski 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.

    By the Commission.
Shoshana M. Grove,
Secretary.

                           Procedural Schedule
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September 8, 2011.................  Filing of Appeal.
September 23, 2011................  Deadline for the Postal Service to
                                     file the applicable administrative
                                     record in this appeal.
September 23, 2011................  Deadline for the Postal Service to
                                     file any responsive pleading.
October 11, 2011..................  Deadline for notices to intervene
                                     (see 39 CFR 3001.111(b)).
October 13, 2011..................  Deadline for Petitioners' Form 61 or
                                     initial brief in support of
                                     petition (see 39 CFR 3001.115(a)
                                     and (b)).
November 2, 2011..................  Deadline for answering brief in
                                     support of the Postal Service (see
                                     39 CFR 3001.115(c)).
November 17, 2011.................  Deadline for reply briefs in
                                     response to answering briefs (see
                                     39 CFR 3001.115(d)).

[[Page 58314]]

 
November 25, 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).
January 4, 2011...................  Expiration of the Commission's 120-
                                     day decisional schedule (see 39
                                     U.S.C. 404(d)(5)).
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[FR Doc. 2011-24017 Filed 9-19-11; 8:45 am]
BILLING CODE 7710-FW-P