[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Notices]
[Pages 78320-78321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32245]


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POSTAL REGULATORY COMMISSION

[Docket No. A2012-82; Order No. 1031]


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 South Greenfield, Missouri 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: January 3, 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 November 28, 2011 the Commission received a petition 
for review of the Postal Service's determination to close the South 
Greenfield post office in South Greenfield, Missouri. The petition for 
review was filed by Kitty Ayres (Petitioner) and is postmarked November 
12, 2011. The Commission hereby institutes a proceeding under 39 U.S.C. 
404(d)(5) and establishes Docket No. A2012-82 to consider Petitioner's 
appeal. If Petitioner would like to further explain her position with 
supplemental information or facts, Petitioner may either file a 
Participant Statement on PRC Form 61 or file a brief with the 
Commission no later than January 3, 2011.

Categories of Issues Apparently Raised

    Petitioner contends that the Postal Service failed to consider the 
effect of the closing on the community (see 39 U.S.C. 404(d)(2)(A)(i)).
    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 December 13, 2011. See 39 CFR 3001.113. In addition, 
the due date for any responsive pleading by the Postal Service to this 
notice is December 13, 2011.

Availability; Web site Posting

    The Commission has posted the appeal and supporting material on its 
Web site at http://www.prc.gov.

[[Page 78321]]

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 January 3, 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 December 13, 2011.
    2. Any responsive pleading by the Postal Service to this notice is 
due no later than December 13, 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 28, 2011.................................  Filing of Appeal.
December 13, 2011.................................  Deadline for the
                                                     Postal Service to
                                                     file the applicable
                                                     administrative
                                                     record in this
                                                     appeal.
December 13, 2011.................................  Deadline for the
                                                     Postal Service to
                                                     file any responsive
                                                     pleading.
January 3, 2012...................................  Deadline for notices
                                                     to intervene (see
                                                     39 CFR
                                                     3001.111(b)).
January 3, 2012...................................  Deadline for
                                                     Petitioners' Form
                                                     61 or initial brief
                                                     in support of
                                                     petition (see 39
                                                     CFR 3001.115(a) and
                                                     (b)).
January 23, 2012..................................  Deadline for
                                                     answering brief in
                                                     support of the
                                                     Postal Service (see
                                                     39 CFR
                                                     3001.115(c)).
February 7, 2012..................................  Deadline for reply
                                                     briefs in response
                                                     to answering briefs
                                                     (see 39 CFR
                                                     3001.115(d)).
February 14, 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).
March 9, 2012.....................................  Expiration of the
                                                     Commission's 120-
                                                     day decisional
                                                     schedule (see 39
                                                     U.S.C. 404(d)(5)).
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[FR Doc. 2011-32245 Filed 12-15-11; 8:45 am]
BILLING CODE 7710-FW-P