[Federal Register Volume 75, Number 17 (Wednesday, January 27, 2010)]
[Notices]
[Pages 4429-4430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1612]
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POSTAL REGULATORY COMMISSION
[Docket No. A2010-2; Order No. 395]
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 Sundance, CO, post office has been filed. It identifies
preliminary steps and provides a procedural schedule. Publication of
this document will allow the Postal Service, petitioner, and others to
take appropriate action.
ADDRESSES: Submit comments electronically via the Commission's Filing
Online system at http://www.prc.gov. Commenters who cannot submit their
views electronically should contact the person identified in ``FOR
FURTHER INFORMATION CONTACT'' by telephone for advice on alternatives
to electronic filing.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
202-789-6820 or stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION: Notice is hereby given that pursuant to 39
U.S.C. 404(d), the Commission has received an appeal of the closing of
the Sundance post office located in Steamboat Springs, Colorado 80487.
The appeal was received by the Commission on December 29, 2009. The
Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and
designates the case as Docket No. A2010-2 to consider the petitioner's
appeal. If the petitioner would like to further explain his position
with supplemental information or facts, he may either file a
Participant Statement on PRC Form 61 or file his own brief with the
Commission by no later than February 4, 2010.
Categories of issues apparently raised. The categories of issues
that appear to be raised include: Effect on the community [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, the Commission may find
that the Postal Service's determination disposes of one or more of
those issues. The deadline for the Postal Service to file the
administrative record with the Commission is February 1, 2010. 39 CFR
3001.113.
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 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 Web master via telephone at 202-789-6873 or
via electronic mail at prc-webmaster@prc.gov.
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., Monday through Friday, except on Federal
government holidays. Docket section personnel may be contacted via
electronic mail at prc-dockets@prc.gov 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. 39 CFR 3001.9(a) and 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 prc-dockets@prc.gov or via telephone at
202-789-6846.
Intervention. Those, other than the petitioner and respondent,
wishing to be heard in this matter are directed to file a notice of
intervention. See 39 CFR 3001.111. Notices of intervention in this case
are to be filed on or before February 16, 2010. 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. Rules 9(a) and 10(a) [39 CFR 3001.9(a) and 10(a)].
[[Page 4430]]
Further procedures. By statute, the Commission is required to issue
its decision within 120 days from the date this appeal was filed [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. 39 CFR 3001.21.
It is ordered:
1. The Postal Service shall file the administrative record in this
appeal, or otherwise file a responsive pleading to the appeal, by
February 1, 2010.
2. The procedural schedule listed below is hereby adopted.
3. Pursuant to 39 U.S.C. 505, Richard A. Oliver 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 and procedural schedule in the Federal Register.
Concurring Opinion of Commissioner Blair. I concur in the
establishment of the docket to hear the appeal of the closing of the
Sundance retail station located in Steamboat Springs, Colorado. The
appeal appears to have met the preliminary test of being filed within
the timeline prescribed by the statute. However, I have serious
concerns about this docket and its timing. These concerns include how
this case might impact the Commission's deliberations and anticipated
decision in the proceeding regarding an advisory opinion on the Postal
Service Station and Branch Optimization and Consolidation Initiative,
Docket No. N2009-1 and whether the Commission's consideration of this
appeal may pre-empt issues raised in Docket No. N2009-1. It also comes
at the time the Commission is receiving public comment on its public
investigation into post office suspensions, Docket No. PI2010-1.
By the Commission.
Shoshana M .Grove,
Secretary.
Procedural Schedule
December 29, 2009 Filing of Appeal.
February 1, 2010 Deadline for Postal Service to file
administrative record in this appeal or
responsive pleading.
February 4, 2010 Deadline for petitioner's form 61 or initial
brief in support of petition (see 39 CFR
3001.115(a) and (b)).
February 16, 2010 Deadline for petitioners to intervene (see 39
CFR 3001.111(b)).
February 24, 2010 Deadline for answering brief in support of
Postal Service (see 39 CFR 3001.115(c)).
March 11, 2010 Deadline for reply briefs in response to
answering briefs (see 39 CFR 3001.115(d)).
March 18, 2010 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 28, 2010 Expiration of the Commission's 120-day
decisional schedule (see 39 U.S.C.
404(d)(5)).
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[FR Doc. 2010-1612 Filed 1-26-10; 8:45 am]
BILLING CODE 4830-01-S