[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Notices]
[Pages 62462-62463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25942]


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POSTAL REGULATORY COMMISSION

[Docket No. A2011-96; Order No. 889]


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 West Leyden, 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): October 13, 
2011; deadline for notices to intervene: October 14, 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 28, 2011, the Commission received a 
petition for review and application for suspension of the Postal 
Service's determination to close the West Leyden post office in West 
Leyden, New York. The petition for review was filed by the Town of 
Lewis Board/Village of West Leyden (Petitioner) and is postmarked 
September 21, 2011. The Commission hereby institutes a proceeding under 
39 U.S.C. 404(d)(5) and establishes Docket No. A2011-96 to consider 
Petitioner's appeal. If Petitioner would like to further explain their 
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 November 2, 2011.
    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 those 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 October 13, 2011. See 39 CFR 3001.113. In addition, 
the due date for any responsive pleading by the Postal Service to this 
notice is October 13, 2011.
    Application for Suspension of Determination. In addition to their 
Petition, the Town of Lewis Board/Village of West Leyden requests 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 October 11, 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

[[Page 62463]]

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 25, 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 October 
11, 2011.
    2. The Postal Service shall file the applicable administrative 
record regarding this appeal no later than October 13, 2011.
    3. Any responsive pleading by the Postal Service to this notice is 
due no later than October 13, 2011.
    4. The procedural schedule listed below is hereby adopted.
    5. Pursuant to 39 U.S.C. 505, Emmett Rand Costich 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 28, 2011........................  Filing of Appeal.
October 11, 2011..........................  Deadline for the Postal
                                             Service to file an answer
                                             responding to an
                                             application for suspension.
October 13, 2011..........................  Deadline for the Postal
                                             Service to file the
                                             applicable administrative
                                             record in this appeal.
October 13, 2011..........................  Deadline for the Postal
                                             Service to file any
                                             responsive pleading.
October 25, 2011..........................  Deadline for notices to
                                             intervene (see 39 CFR
                                             3001.111(b)).
November 2, 2011..........................  Deadline for Petitioners'
                                             Form 61 or initial brief in
                                             support of petition (see 39
                                             CFR 3001.115(a) and (b)).
November 22, 2011.........................  Deadline for answering brief
                                             in support of the Postal
                                             Service (see 39 CFR
                                             3001.115(c)).
December 7, 2011..........................  Deadline for reply briefs in
                                             response to answering
                                             briefs (see 39 CFR
                                             3001.115(d)).
December 14, 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 19, 2012..........................  Expiration of the
                                             Commission's 120-day
                                             decisional schedule (see 39
                                             U.S.C. 404(d)(5)).
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[FR Doc. 2011-25942 Filed 10-6-11; 8:45 am]
BILLING CODE 7710-FW-P