[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Notices]
[Pages 82003-82005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33339]


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POSTAL REGULATORY COMMISSION

[Docket No. A2012-91; Order No. 1064]


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 Fostoria, 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: 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

[[Page 82004]]

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 five petitions for review of the 
Postal Service's determination to close the Fostoria post office in 
Fostoria, IA. The first petition for review received November 30, 2011, 
was filed by Linda Birchard. The second petition for review received 
December 8, 2011, was filed by Marlin Voss, Mayor of Fostoria. The 
third petition for review received December 9, 2011, was filed by Jody 
Shatto. The fourth petition for review received December 9, 2011, was 
filed by Gale E. Jacobson. The fifth petition for review received was 
December 9, 2011, filed by Kathleen Shatto. The earliest postmark date 
is November 21, 2011. The Commission hereby institutes a proceeding 
under 39 U.S.C. 404(d)(5) and establishes Docket No. A2012-91 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, 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, Brent W. Peckham 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 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.

[[Page 82005]]

 
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 20, 2012....................................  Expiration of the
                                                     Commission's 120-
                                                     day decisional
                                                     schedule (see 39
                                                     U.S.C. 404(d)(5)).
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[FR Doc. 2011-33339 Filed 12-28-11; 8:45 am]
BILLING CODE 7710-FW-P