[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Notices]
[Pages 3807-3808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1497]


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POSTAL REGULATORY COMMISSION

[Docket No. A2012-110; Order No. 1149]


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 Badger, 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: February 3, 2012, 4:30 p.m., Eastern Time: Deadline for 
Petitioner's Form 61;
    February 23, 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), the Commission received four petitions for review of the 
Postal Service's determination to close the Badger post office in 
Badger, Iowa. The first petition for review received December 30, 2011, 
was filed by Myron and Nancy Huyser. The second petition for review 
received January 4, 2012, was filed by Terry and Judy Kahler. The third 
petition for review received January 10, 2012, was filed by Ken and 
Julie Busby. The fourth petition for review received January 4, 2012, 
was filed by Christopher J. Wendell, Mayor of the City of Badger. The 
earliest postmark date is December 23, 2011.
    The Commission hereby institutes a proceeding under 39 U.S.C. 
404(d)(5) and establishes Docket No. A2012-110 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 February 1, 2012.
    Issue apparently raised. Petitioners contend 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 due date for 
any responsive pleading by the Postal Service to this Notice is January 
30, 2012.
    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 participants' submissions also will 
be posted on the Commission's 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 or by contacting the Commission's docket section 
at [email protected] or via telephone at (202) 789-6846.

[[Page 3808]]

    The 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 Petitioners and respondent, 
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 February 13, 2012. A notice of 
intervention shall be filed using the Internet (Filing Online) at the 
Commission's Web site 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 the 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. Any responsive pleading by the Postal Service to this notice is 
due no later than January 30, 2012.
    2. The procedural schedule listed below is hereby adopted.
    3. Pursuant to 39 U.S.C. 505, Patricia A. Gallagher is designated 
officer of the Commission (Public Representative) to represent the 
interests of the general public.
    4. The Secretary shall arrange for publication of this notice and 
order in the Federal Register.

    By the Commission.
Ruth Ann Abrams,
Acting Secretary.

                           Procedural Schedule
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December 30, 2011.................................  Filing of Appeal.
January 30, 2012..................................  Deadline for the
                                                     Postal Service to
                                                     file the applicable
                                                     administrative
                                                     record in this
                                                     appeal.
February 13, 2012.................................  Deadline for notices
                                                     to intervene (see
                                                     39 CFR
                                                     3001.111(b)).
February 3, 2012..................................  Deadline for
                                                     Petitioners' Form
                                                     61 or initial brief
                                                     in support of
                                                     petition (see 39
                                                     CFR 3001.115(a) and
                                                     (b)).
February 23, 2012.................................  Deadline for
                                                     answering brief in
                                                     support of the
                                                     Postal Service (see
                                                     39 CFR
                                                     3001.115(c)).
March 9, 2012.....................................  Deadline for reply
                                                     briefs in response
                                                     to answering briefs
                                                     (see 39 CFR
                                                     3001.115(d)).
March 16, 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).
April 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. 2012-1497 Filed 1-24-12; 8:45 am]
BILLING CODE 7710-FW-P