[Federal Register Volume 76, Number 202 (Wednesday, October 19, 2011)]
[Notices]
[Pages 64978-64979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27039]


=======================================================================
-----------------------------------------------------------------------

POSTAL REGULATORY COMMISSION

[Docket No. A2012-8; Order No. 905]


Post Office Closing

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document informs the public that an appeal of the closing 
of the Rhodell, West Virginia 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 21, 
2011; deadline for notices to intervene: November 7, 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 6, 2011, the Commission received a petition 
for review of the Postal Service's determination to close the Rhodell 
post office in Rhodell, West Virginia. The petition for review was 
filed by Alvin Lambert, Jr. (Petitioner) and is postmarked September 
27, 2011. The Commission hereby institutes a proceeding under 39 U.S.C. 
404(d)(5) and establishes Docket No. A2012-8 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 10, 2011.
    Issues apparently raised. Petitioner contends that the Postal 
Service: (1) failed to consider the effect of the closing on the 
community (see 39 U.S.C. 404(d)(2)(A)(i)); and (2) failed to adequately 
consider the economic savings resulting from the closure (see 39 U.S.C. 
404(d)(2)(A)(iv)).
    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 21, 2011. See 39 CFR 3001.113. In addition, 
the due date for any responsive pleading by the Postal Service to this 
Notice is October 21, 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 November 7, 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 21, 2011.
    2. Any responsive pleading by the Postal Service to this Notice is 
due no later than October 21, 2011.

[[Page 64979]]

    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
------------------------------------------------------------------------
 
------------------------------------------------------------------------
October 6, 2011........................  Filing of Appeal.
October 21, 2011.......................  Deadline for the Postal Service
                                          to file the applicable
                                          administrative record in this
                                          appeal.
October 21, 2011.......................  Deadline for the Postal Service
                                          to file any responsive
                                          pleading.
November 7, 2011.......................  Deadline for notices to
                                          intervene (see 39 CFR
                                          3001.111(b)).
November 10, 2011......................  Deadline for Petitioners' Form
                                          61 or initial brief in support
                                          of petition (see 39 CFR
                                          3001.115(a) and (b)).
November 30, 2011......................  Deadline for answering brief in
                                          support of the Postal Service
                                          (see 39 CFR 3001.115(c)).
December 15, 2011......................  Deadline for reply briefs in
                                          response to answering briefs
                                          (see 39 CFR 3001.115(d)).
December 22, 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 25, 2012.......................  Expiration of the Commission's
                                          120-day decisional schedule
                                          (see 39 U.S.C. 404(d)(5)).
------------------------------------------------------------------------

[FR Doc. 2011-27039 Filed 10-18-11; 8:45 am]
BILLING CODE 7710-FW-P