[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Notices]
[Pages 64132-64133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26705]


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POSTAL REGULATORY COMMISSION

[Docket No. A2012-6; Order No. 902]


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 Saint Lucas, Iowa 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 20, 
2011; Deadline for notices to intervene: November 1, 2011, 4:30 p.m., 
eastern time. 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 October 5, 2011, the Commission received a petition 
for review of the Postal Service's determination to close the Saint 
Lucas post office in Saint Lucas, Iowa. The petition for review was 
filed by Dennis and Janet Kuennen (Petitioners) and is postmarked 
September 22, 2011. The Commission hereby institutes a proceeding under 
39 U.S.C. 404(d)(5) and establishes Docket No. A2012-6 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 November 9, 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 20, 2011. See 39 CFR 3001.113. In addition, 
the due date for any responsive pleading by the Postal Service to this 
notice is October 20, 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

[[Page 64133]]

intervention. See 39 CFR 3001.111(b). Notices of intervention in this 
case are to be filed on or before November 1, 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 20, 2011.
    2. Any responsive pleading by the Postal Service to this notice is 
due no later than October 20, 2011.
    3. The procedural schedule listed below is hereby adopted.
    4. Pursuant to 39 U.S.C. 505, Derrick D. Dennis 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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October 5, 2011.............................  Filing of Appeal.
October 20, 2011............................  Deadline for the Postal Service to file the applicable
                                               administrative record in this appeal.
October 20, 2011............................  Deadline for the Postal Service to file any responsive pleading.
November 1, 2011............................  Deadline for notices to intervene (see 39 CFR 3001.111(b)).
November 9, 2011............................  Deadline for Petitioners' Form 61 or initial brief in support of
                                               petition (see 39 CFR 3001.115(a) and (b)).
November 29, 2011...........................  Deadline for answering brief in support of the Postal Service (see
                                               39 CFR 3001.115(c)).
December 14, 2011...........................  Deadline for reply briefs in response to answering briefs (see 39
                                               CFR 3001.115(d)).
December 21, 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 20, 2012............................  Expiration of the Commission's 120-day decisional schedule (see 39
                                               U.S.C. 404(d)(5)).
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[FR Doc. 2011-26705 Filed 10-14-11; 8:45 am]
BILLING CODE 7710-FW-P