[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Notices]
[Pages 62466-62468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25995]


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POSTAL REGULATORY COMMISSION

[Docket No. A2011-100; Order No. 893]


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 Mallory, 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 25, 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

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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 of the Postal Service's determination to close the 
Mallory post office in Mallory, New York. The petition for review was 
filed by Mark Burghart (Petitioner) and is postmarked September 17, 
2011. The Commission hereby institutes a proceeding under 39 U.S.C. 
404(d)(5) and establishes Docket No. A2011-100 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 November 2, 2011.
    Issue 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 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.
    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 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 the applicable administrative 
record regarding this appeal no later than October 13, 2011.
    2. Any responsive pleading by the Postal Service to this notice is 
due no later than October 13, 2011.
    3. The procedural schedule listed below is hereby adopted.
    4. Pursuant to 39 U.S.C. 505, Pamela A. Thompson 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.
Ruth Ann Abrams,
Acting Secretary.

                                               Procedural Schedule
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September 28, 2011..........................  Filing of Appeal.
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 18, 2012............................  Expiration of the Commission's 120-day decisional schedule (see 39
                                               U.S.C. 404(d)(5)).
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[FR Doc. 2011-25995 Filed 10-6-11; 8:45 am]
BILLING CODE 7710-FW-P