[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Notices]
[Pages 68232-68234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28514]
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POSTAL REGULATORY COMMISSION
[Docket No. A2012-31; Order No. 936]
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 Ogden, Arkansas 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: November 8, 2011: Administrative record due (from Postal
Service); November 22, 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 October 24, 2011, the Commission received a petition
for review of the Postal Service's determination to close the Ogden
post office in Ogden, Arkansas. The petition for review was filed by
Sandra Furlow, Mayor, City of Ogden (Petitioner) and is postmarked
October 12, 2011. The Commission hereby institutes a proceeding under
39 U.S.C. 404(d)(5) and establishes Docket No. A2012-31 to consider
Petitioner's appeal. If Petitioner would like to further explain his
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 November 28, 2011.
Categories of issues apparently raised. Petitioner contends that
the Postal Service failed to consider whether or not 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 the one 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 November 8, 2011. See 39 CFR 3001.113. In addition,
the
[[Page 68233]]
due date for any responsive pleading by the Postal Service to this
notice is November 8, 2011.
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 November 22, 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 November 8, 2011.
2. Any responsive pleading by the Postal Service to this notice is
due no later than November 8, 2011.
3. The procedural schedule listed below is hereby adopted.
4. Pursuant to 39 U.S.C. 505, Derrick Dennis 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.
Shoshana M. Grove,
Secretary.
[[Page 68234]]
Procedural Schedule
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October 24, 2011.................. Filing of Appeal.
November 8, 2011.................. Deadline for the Postal Service to
file the applicable administrative
record in this appeal.
November 8, 2011.................. Deadline for the Postal Service to
file any responsive pleading.
November 22, 2011................. Deadline for notices to intervene
(see 39 CFR 3001.111(b)).
November 28, 2011................. Deadline for Petitioners' Form 61 or
initial brief in support of
petition (see 39 CFR 3001.115(a)
and (b)).
December 19, 2011................. Deadline for answering brief in
support of the Postal Service (see
39 CFR 3001.115(c)).
January 3, 2011................... Deadline for reply briefs in
response to answering briefs (see
39 CFR 3001.115(d)).
January 10, 2011.................. 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).
February 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. 2011-28514 Filed 11-2-11; 8:45 am]
BILLING CODE 7710-FW-P