[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Notices]
[Pages 59452-59453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24566]


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POSTAL REGULATORY COMMISSION

[Docket No. A2011-75; Order No. 862]


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 Ellisburg, 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 30 
2011 deadline for notices to intervene: October 17, 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 15, 2011, the Commission received a 
petition for review of the Postal Service's determination to close the 
Ellisburg post office in Ellisburg, New York. The petition was filed by 
Winford J. Smith (Petitioner) and is postmarked September 9, 2011. The 
Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and 
establishes Docket No. A2011-75 to consider 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 October 20, 2011.
    Categories of issues apparently raised. Petitioner contends that 
the Postal Service failed to consider the effect of the closing on the 
community. See 39 U.S.C. 404(d)(2)(A)(i).
    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 September 30, 2011. See 39 CFR 3001.113. In addition, 
the due date for any responsive pleading by the Postal Service to this 
Notice is September 30, 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 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 17, 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 30, 2011.

[[Page 59453]]

    2. Any responsive pleading by the Postal Service to this Notice is 
due no later than September 30, 2011.
    3. The procedural schedule listed below is hereby adopted.
    4. Pursuant to 39 U.S.C. 505, Malin Moench 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 15, 2011................  Filing of Appeal.
September 30, 2011................  Deadline for the Postal Service to
                                     file the applicable administrative
                                     record in this appeal.
September 30, 2011................  Deadline for the Postal Service to
                                     file any responsive pleading.
October 17, 2011..................  Deadline for notices to intervene
                                     (see 39 CFR 3001.111(b)).
October 20, 2011..................  Deadline for Petitioner's Form 61 or
                                     initial brief in support of
                                     petition (see 39 CFR 3001.115(a)
                                     and (b)).
November 9, 2011..................  Deadline for answering brief in
                                     support of the Postal Service (see
                                     39 CFR 3001.115(c)).
November 25, 2011.................  Deadline for reply briefs in
                                     response to answering briefs (see
                                     39 CFR 3001.115(d)).
December 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).
January 9, 2012...................  Expiration of the Commission's 120-
                                     day decisional schedule (see 39
                                     U.S.C. 404(d)(5)).
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[FR Doc. 2011-24566 Filed 9-23-11; 8:45 am]
BILLING CODE 7710-FW-P