[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Notices]
[Pages 58545-58546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24200]


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POSTAL REGULATORY COMMISSION

[Docket No. A2011-70; Order No. 854]


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 Woodgate, 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, petitioner, and others to 
take appropriate action.

DATES: Administrative record due (from Postal Service): September 28, 
2011; 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 13, 2011, the Commission received a 
petition for review of the Postal Service's determination to close the 
Woodgate post office in Woodgate, New York. The petition was filed by 
the Woodgate Citizens Committee (Petitioner) who also filed an 
application for suspension of the determination and is postmarked 
September 1, 2011. The Commission hereby institutes a proceeding under 
39 U.S.C. 404(d)(5) and establishes Docket No. A2011-70 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 October 18, 2011.
    Categories of issues apparently raised. Petitioner contends 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 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 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 28, 2011. See 39 CFR 3001.113. 
In addition, the due date for any responsive pleading by the Postal 
Service to this Notice is September 28, 2011.
    Application for Suspension of Determination. In addition to its 
Petition, the Woodgate Citizens Committee 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 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

[[Page 58546]]

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 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 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 an answer to the application for 
suspension of the Postal Service's determination no later than 
September 23, 2011.
    2. The Postal Service shall file the applicable administrative 
record regarding this appeal no later than September 28, 2011.
    3. Any responsive pleading by the Postal Service to this notice is 
due no later than September 28, 2011.
    4. The procedural schedule listed below is hereby adopted.
    5. Pursuant to 39 U.S.C. 505, Kenneth E. Richardson 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.


    By the Commission.
Ruth Ann Abrams,
Acting Secretary.

                           Procedural Schedule
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September 13, 2011................  Filing of Appeal.
September 23, 2011................  Deadline for the Postal Service to
                                     file an answer responding to the
                                     application for suspension.
September 28, 2011................  Deadline for the Postal Service to
                                     file the applicable administrative
                                     record in this appeal.
September 28, 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 18, 2011..................  Deadline for Petitioner's Form 61 or
                                     initial brief in support of
                                     petition (see 39 CFR 3001.115(a)
                                     and (b)).
November 7, 2011..................  Deadline for answering brief in
                                     support of the Postal Service (see
                                     39 CFR 3001.115(c)).
November 22, 2011.................  Deadline for reply briefs in
                                     response to answering briefs (see
                                     39 CFR 3001.115(d)).
November 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).
December 30, 2011.................  Expiration of the Commission's 120-
                                     day decisional schedule (see 39
                                     U.S.C. 404(d)(5)).
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[FR Doc. 2011-24200 Filed 9-20-11; 8:45 am]
BILLING CODE 7710-FW-P