[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 71084-71085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29573]


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POSTAL REGULATORY COMMISSION

[Docket No. A2012-45; Order No. 962]


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 Orchard, 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 14, 2011: Administrative record due (from Postal 
Service); December 5, 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 28, 2011, the Commission received two 
petitions for review of the Postal Service's determination to close the 
Orchard post office in Orchard, Iowa. The first petition for review was 
filed by Judith

[[Page 71085]]

A. Schimpf. The second petition for review was filed by Philip K. Lack. 
The earliest postmark date is October 19, 2011. The Commission hereby 
institutes a proceeding under 39 U.S.C. 404(d)(5) and establishes 
Docket No. A2012-45 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 2, 2011.
    Categories of issues apparently raised. Petitioners contend that 
(1) The Postal Service failed to adequately consider the economic 
savings resulting from the closure (see 39 U.S.C. 404(d)(2)(A)(iv)); 
(2) there are factual errors contained in the Final Determination; and 
(3) the Postal Service failed to provide substantial evidence in 
support of the determination (see 39 U.S.C. 404(d)(5)(c)).
    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 December 5, 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 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, Emmett Rand Costich 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 28, 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.
December 5, 2011..........................  Deadline for notices to
                                             intervene (see 39 CFR
                                             3001.111(b)).
December 2, 2011..........................  Deadline for Petitioners'
                                             Form 61 or initial brief in
                                             support of petition (see 39
                                             CFR 3001.115(a) and (b)).
December 22, 2011.........................  Deadline for answering brief
                                             in support of the Postal
                                             Service (see 39 CFR
                                             3001.115(c)).
January 6, 2012...........................  Deadline for reply briefs in
                                             response to answering
                                             briefs (see 39 CFR
                                             3001.115(d)).
January 13, 2012..........................  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. 2011-29573 Filed 11-15-11; 8:45 am]
BILLING CODE 7710-FW-P