[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Notices]
[Pages 72453-72454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30257]
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POSTAL REGULATORY COMMISSION
[Docket No. A2012-49; Order No. 978]
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 Waverly, Washington 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 18, 2011: Administrative record due (from Postal Service);
December 12, 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 November 3, 2011, the Commission received a petition
for review of the Postal Service's determination to close the Waverly
post office in Waverly, Washington. The petition for review was filed
by Evelyn Heinevetter (Petitioner) and is postmarked October 26, 2011.
The Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5)
and establishes Docket No. A2012-49 to consider Petitioner's appeal. If
Petitioner would like to further explain her 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 December 8, 2011.
Categories of issues apparently raised. Petitioner contends that
(1) the Postal Service failed to consider the effect of
[[Page 72454]]
the closing on the community (see 39 U.S.C. 404(d)(2)(A)(i)); (2) 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)); (3) the Postal Service
failed to adequately consider the economic savings resulting from the
closure (see 39 U.S.C. 404(d)(2)(A)(iv)); and (4) there are factual
errors contained in the Final Determination.
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 with
the Commission is November 18, 2011. See 39 CFR 3001.113. In addition,
the due date for any responsive pleading by the Postal Service is
November 18, 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 December 12, 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 18, 2011.
2. Any responsive pleading by the Postal Service to this notice is
due no later than November 18, 2011.
3. The procedural schedule listed below is hereby adopted.
4. 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.
5. The Secretary shall arrange for publication of this notice and
order and Procedural Schedule in the Federal Register.
By the Commission.
Ruth Ann Abrams,
Acting Secretary.
Procedural Schedule
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November 3, 2011............. Filing of Appeal.
November 18, 2011............ Deadline for the Postal Service to file
the applicable administrative record in
this appeal.
November 18, 2011............ Deadline for the Postal Service to file
any responsive pleading.
December 12, 2011............ Deadline for notices to intervene (see 39
CFR 3001.111(b)).
December 8, 2011............. Deadline for Petitioners' Form 61 or
initial brief in support of petition
(see 39 CFR 3001.115(a) and (b)).
December 28, 2011............ Deadline for answering brief in support
of the Postal Service (see 39 CFR
3001.115(c)).
January 12, 2012............. Deadline for reply briefs in response to
answering briefs (see 39 CFR
3001.115(d)).
January 19, 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).
February 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. 2011-30257 Filed 11-22-11; 8:45 am]
BILLING CODE 7710-FW-P