[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Notices]
[Pages 76449-76451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31361]


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POSTAL REGULATORY COMMISSION

[Docket No. A2012-68; Order No. 1010]


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 Spring Dale, 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: November 29, 2011: Administrative record due (from Postal 
Service); December 27, 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

[[Page 76450]]

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 four petitions for review of the 
Postal Service's determination to close the Spring Dale post office in 
Spring Dale, West Virginia. The first petition for review, received 
November 14, 2011, was filed by Paul E. McClung. The second petition 
for review, received November 16, 2011, was filed by Angie Brown. The 
third petition for review, received November 18, 2011, was filed by 
Gary Walker. The fourth petition for review, received November 22, 
2011, was filed by Betty Puckett. The fifth petition for review, 
received November 29, 2011, was filed by Melissa Porter. The earliest 
postmark date is November 1, 2011. The Commission hereby institutes a 
proceeding under 39 U.S.C. 404(d)(5) and establishes Docket No. A2012-
68 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 19, 2011.
    Categories of issues apparently raised. Petitioners contend that 
(1) The Postal Service failed to consider the effect of the closing on 
the community (see 39 U.S.C. 404(d)(2)(A)(i)); (2) 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)); (3) the Postal Service failed to 
adequately consider the economic savings resulting from the closure 
(see 39 U.S.C. 404(d)(2)(A)(iv)); (4) the Postal Service failed to 
follow procedures required by law regarding closures (see 39 U.S.C. 
404(d)(5)(B)); (5) there are factual errors contained in the Final 
Determination; and (6) 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 is 
within 15 days after the date in which the petition for review was 
filed with the Commission. See 39 CFR 3001.113. In addition, the due 
date for any responsive pleading by the Postal Service is also within 
15 days after the date in which the petition for review was filed with 
the Commission.
    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 27, 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 procedural schedule listed below is hereby adopted.
    2. Pursuant to 39 U.S.C. 505, Manon Boudreault is designated 
officer of the Commission (Public Representative) to represent the 
interests of the general public.
    3. 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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November 14, 2011.................................  Filing of Appeal.
November 29, 2011.................................  Deadline for the
                                                     Postal Service to
                                                     file the applicable
                                                     administrative
                                                     record in this
                                                     appeal.
November 29, 2011.................................  Deadline for the
                                                     Postal Service to
                                                     file any responsive
                                                     pleading.
December 27, 2011.................................  Deadline for notices
                                                     to intervene (see
                                                     39 CFR
                                                     3001.111(b)).
December 19, 2011.................................  Deadline for
                                                     Petitioners' Form
                                                     61 or initial brief
                                                     in support of
                                                     petition (see 39
                                                     CFR 3001.115(a) and
                                                     (b)).
January 9, 2012...................................  Deadline for
                                                     answering brief in
                                                     support of the
                                                     Postal Service (see
                                                     39 CFR
                                                     3001.115(c)).
January 24, 2012..................................  Deadline for reply
                                                     briefs in response
                                                     to answering briefs
                                                     (see 39 CFR
                                                     3001.115(d)).
January 31, 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).

[[Page 76451]]

 
February 29, 2012.................................  Expiration of the
                                                     Commission's 120-
                                                     day decisional
                                                     schedule (see 39
                                                     U.S.C. 404(d)(5)).
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[FR Doc. 2011-31361 Filed 12-6-11; 8:45 am]
BILLING CODE 7710-FW-P