[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Notices]
[Pages 68231-68232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28455]


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POSTAL REGULATORY COMMISSION

[Docket No. A2012-28; Order No. 933]


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 Ferguson, 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: November 4, 2011: Administrative record due (from Postal 
Service); November 21, 2011, 4:30 p.m., Eastern Time: Deadline for 
notices to intervene.
    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 20, 2011, the Commission received a petition 
for review of the Postal Service's determination to close the Ferguson 
post office in Ferguson, Iowa. The petition for review was filed by 
Dale Thompson, Mayor, and Members of the Ferguson City Council 
(Petitioners) and is postmarked October 13, 2011. The Commission hereby 
institutes a proceeding under 39 U.S.C. 404(d)(5) and establishes 
Docket No. A2012-28 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 25, 2011.
    Categories of issues apparently raised. Petitioners contend that 
(1) 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)); (2) the 
Postal Service failed to adequately consider the economic savings 
resulting from the closure (see 39 U.S.C. 404(d)(2)(A)(iv)); (3) 
failure of the Postal Service to follow procedures required by law 
regarding closures (see 39 U.S.C. 404(d)(5)(B)); and (4) Petitioners 
contend that there are factual errors contained in the Final 
Determination.
    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 November 4, 2011. See 39 CFR 3001.113. In addition, 
the due date for any responsive pleading by the Postal Service to this 
notice is November 4, 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 participant's submissions also will 
be posted on the 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 prc-

[[Page 68232]]

[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, http://www.prc.gov, or by contacting the 
Commission's docket section at [email protected] or via telephone at 
(202) 789-6846.
    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 the Petitioners and respondents, 
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 21, 2011. A notice of 
intervention shall be filed using the Internet (Filing Online) at the 
Commission's Web site, http://www.prc.gov, 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 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 November 4, 2011.
    2. Any responsive pleading by the Postal Service to this notice is 
due no later than November 4, 2011.
    3. The procedural schedule listed below is hereby adopted.
    4. Pursuant to 39 U.S.C. 505, Kenneth E. Richardson 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 and Procedural Schedule in the Federal Register.

    By the Commission.
Ruth Ann Abrams,
Acting Secretary.

                           Procedural Schedule
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October 20, 2011..................  Filing of Appeal.
November 4, 2011..................  Deadline for the Postal Service to
                                     file the applicable administrative
                                     record in this appeal.
November 4, 2011..................  Deadline for the Postal Service to
                                     file any responsive pleading.
November 21, 2011.................  Deadline for notices to intervene
                                     (see 39 CFR 3001.111(b)).
November 25, 2011.................  Deadline for Petitioners' Form 61 or
                                     initial brief in support of
                                     petition (see 39 CFR 3001.115(a)
                                     and (b)).
December 15, 2011.................  Deadline for answering brief in
                                     support of the Postal Service (see
                                     39 CFR 3001.115(c)).
December 30, 2011.................  Deadline for reply briefs in
                                     response to answering briefs (see
                                     39 CFR 3001.115(d)).
January 6, 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).
February 10, 2012.................  Expiration of the Commission's 120-
                                     day decisional schedule (see 39
                                     U.S.C. 404(d)(5)).
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[FR Doc. 2011-28455 Filed 11-2-11; 8:45 am]
BILLING CODE 7710-FW-P