[Federal Register Volume 76, Number 249 (Wednesday, December 28, 2011)]
[Notices]
[Pages 81548-81549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33287]


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POSTAL REGULATORY COMMISSION

[Docket No. A2012-90; Order No. 1063]


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 Alexander, Kansas 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 4, 2012, 4:30 p.m., Eastern Time: Deadline for 
Petitioner's Form 61; January 24, 2012, 4:30 p.m., Eastern Time: 
Deadline for answering brief in support of the Postal Service. 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 30, 2011 the Commission received a petition 
for review of the Postal Service's determination to close the Alexander 
post office in Alexander, Kansas. The petition for review was filed by 
the City of Alexander (Petitioners) and is postmarked November 24, 
2011. The Commission hereby institutes a proceeding under 39 U.S.C. 
404(d)(5) and establishes Docket No. A2012- 90 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 January 4, 2012.
    Notwithstanding the Postal Service's determination to close this 
post office, on December 15, 2011, the Postal Service advised the 
Commission that it ``will delay the closing or consolidation of any 
Post Office until May 15, 2012'' \1\. The Postal Service further 
indicated that it ``will proceed with the discontinuance process for 
any Post Office in which a Final Determination was already posted as of 
December 12, 2011, including all pending appeals.'' Id. It stated that 
the only ``Post Offices'' subject to closing prior to May 16, 2011 are 
those that were not in operation on, and for which a Final 
Determination was posted as of, December 12, 2011. It affirmed that it 
``will not close or consolidate any other Post Office prior to May 16, 
2012.'' Id. Lastly, the Postal Service requested the Commission ``to 
continue adjudicating appeals as provided in the 120-day decisional 
schedule for each proceeding.'' Id.
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    \1\ United States Postal Service Notice of Status of the 
Moratorium on Post Office Discontinuance Actions, December 15, 2011, 
(Notice).
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    The Postal Service's Notice outlines the parameters of its newly 
announced discontinuance policy. Pursuant to the Postal Service's 
request, the Commission will fulfill its appellate responsibilities 
under 39 U.S.C. 404(d)(5).
    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)); and (2) the Postal 
Service failed to consider whether 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)).
    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,

[[Page 81549]]

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 17, 2012. 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, Getachew Mekonnen 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 30, 2011                           Filing of Appeal.
December 15, 2011                           Deadline for the Postal
                                             Service to file the
                                             applicable administrative
                                             record in this appeal.
December 15, 2011                           Deadline for the Postal
                                             Service to file any
                                             responsive pleading.
January 17, 2012                            Deadline for notices to
                                             intervene (see 39 CFR
                                             3001.111(b)).
January 4, 2012                             Deadline for Petitioners'
                                             Form 61 or initial brief in
                                             support of petition (see 39
                                             CFR 3001.115(a) and (b)).
January 24, 2012                            Deadline for answering brief
                                             in support of the Postal
                                             Service (see 39 CFR
                                             3001.115(c)).
February 8, 2012                            Deadline for reply briefs in
                                             response to answering
                                             briefs (see 39 CFR
                                             3001.115(d)).
February 15, 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 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. 2011-33287 Filed 12-27-11; 8:45 am]
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