[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Notices]
[Pages 72985-72986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30421]


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POSTAL REGULATORY COMMISSION

[Docket No. A2012-53; Order No. 984]


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 Witten, South Dakota 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 21, 2011: Administrative record due (from Postal 
Service); December 13, 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), the Commission received two petitions for review of the 
Postal Service's determination to close the Witten post office in 
Witten, South Dakota. The first petition for review received November 
4, 2011, was filed by Mr. & Mrs. Calvin W. Adel. The second petition 
for review received November 10, 2011, was filed by Cary Long. The 
earliest postmark date is October 26, 2011. The Commission hereby 
institutes a proceeding under 39 U.S.C. 404(d)(5) and establishes 
Docket No. A2012-53 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 9, 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)); and (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)).
    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 21, 2011. See 39 CFR 3001.113. In addition, 
the due date for any responsive pleading by the Postal Service is 
November 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 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 13, 2011. A notice of 
intervention shall be filed using the Internet (Filing Online) at the

[[Page 72986]]

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 21, 2011.
    2. Any responsive pleading by the Postal Service to this notice is 
due no later than November 21, 2011.
    3. The procedural schedule listed below is hereby adopted.
    4. Pursuant to 39 U.S.C. 505, Tracy Ferguson 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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             November 4, 2011                     Filing of Appeal.
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November 4, 2011..........................  Filinig of Appeal.
November 21, 2011.........................  Deadline for the Postal
                                             Service to file the
                                             applicable administrative
                                             record in this appeal.
November 21, 2011.........................  Deadline for the Postal
                                             Service to file any
                                             responsive pleading.
December 13, 2011.........................  Deadline for notices to
                                             intervene (see 39 CFR
                                             3001.111(b)).
December 9, 2011..........................  Deadline for Petitioners'
                                             Form 61 or initial brief in
                                             support of petition (see 39
                                             CFR 3001.115(a) and (b)).
December 29, 2011.........................  Deadline for answering brief
                                             in support of the Postal
                                             Service (see 39 CFR
                                             3001.115(c)).
January 13, 2012..........................  Deadline for reply briefs in
                                             response to answering
                                             briefs (see 39 CFR
                                             3001.115(d)).
January 20, 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 23, 2012.........................  Expiration of the
                                             Commission's 120-day
                                             decisional schedule (see 39
                                             U.S.C. 404(d)(5)).
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[FR Doc. 2011-30421 Filed 11-25-11; 8:45 am]
BILLING CODE 7710-FW-P