[Federal Register Volume 76, Number 218 (Thursday, November 10, 2011)]
[Notices]
[Pages 70173-70174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29126]


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POSTAL REGULATORY COMMISSION

[Docket No. A2012-41; Order No. 948]


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 Edmeston, 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: November 14, 2011: Administrative record due (from Postal 
Service); November 29, 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 27, 2011, the Commission received a petition 
for review of the Postal Service's determination to close the West 
Edmeston post office in West Edmeston, New York. The petition for 
review was filed by Jason Elias and the Concerned Citizens of West 
Edmeston (Petitioners) and is postmarked October 19, 2011. The 
Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and 
establishes Docket No. A2012-41 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 December 1, 2011.
    Categories of issues apparently raised. Petitioners contend (1) 
Failure of the Postal Service to follow procedures required by law 
regarding the closures (see 39 U.S.C. 404(d)(5)(B)); and (2) 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 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 November 14, 2011. See 39 CFR 3001.113. In addition, 
the due date for any responsive pleading by the Postal Service to this 
notice is November 14, 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 [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 29, 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

[[Page 70174]]

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 14, 2011.
    2. Any responsive pleading by the Postal Service to this notice is 
due no later than November 14, 2011.
    3. The procedural schedule listed below is hereby adopted.
    4. Pursuant to 39 U.S.C. 505, Malin Moench 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.
Shoshana M. Grove,
Secretary.

                           Procedural Schedule
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October 27, 2011.............  Filing of Appeal.
November 14, 2011............  Deadline for the Postal Service to file
                                the applicable administrative record in
                                this appeal.
November 14, 2011............  Deadline for the Postal Service to file
                                any responsive pleading.
November 29, 2011............  Deadline for notices to intervene (see 39
                                CFR 3001.111(b)).
December 1, 2011.............  Deadline for Petitioners' Form 61 or
                                initial brief in support of petition
                                (see 39 CFR 3001.115(a) and (b)).
December 21, 2011............  Deadline for answering brief in support
                                of the Postal Service (see 39 CFR
                                3001.115(c)).
January 5, 2011..............  Deadline for reply briefs in response to
                                answering briefs (see 39 CFR
                                3001.115(d)).
January 12, 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 16, 2012............  Expiration of the Commission's 120-day
                                decisional schedule (see 39 U.S.C.
                                404(d)(5)).
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[FR Doc. 2011-29126 Filed 11-9-11; 8:45 am]
BILLING CODE 7710-FW-P