[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Notices]
[Pages 77025-77026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31655]
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POSTAL REGULATORY COMMISSION
[Docket No. A2012-78; Order No. 1021]
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 Avalon, Texas 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:
December 5, 2011: Administrative record due (from Postal Service);
December 27, 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.
[[Page 77026]]
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 18, 2011, the Commission received a petition
for review of the Postal Service's determination to close the Avalon
post office in Avalon, Texas. The petition for review was filed by Dr.
David Del Bosque (Petitioner) and is postmarked November 8, 2011. The
Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and
establishes Docket No. A2012-78 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 December 23, 2011.
Categories of issues apparently raised. Petitioner contends 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)).
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 December 27, 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 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 and Procedural Schedule in the Federal Register.
By the Commission.
Shoshana M. Grove,
Secretary.
Procedural Schedule
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November 18, 2011................................. Filing of Appeal.
December 5, 2011.................................. Deadline for the
Postal Service to
file the applicable
administrative
record in this
appeal.
December 5, 2011.................................. Deadline for the
Postal Service to
file any responsive
pleading.
December 27, 2011................................. Deadline for notices
to intervene (see
39 CFR
3001.111(b)).
December 23, 2011................................. Deadline for
Petitioners' Form
61 or initial brief
in support of
petition (see 39
CFR 3001.115(a) and
(b)).
January 12, 2012.................................. Deadline for
answering brief in
support of the
Postal Service (see
39 CFR
3001.115(c)).
January 27, 2012.................................. Deadline for reply
briefs in response
to answering briefs
(see 39 CFR
3001.115(d)).
February 3, 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 7, 2012..................................... Expiration of the
Commission's 120-
day decisional
schedule (see 39
U.S.C. 404(d)(5)).
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[FR Doc. 2011-31655 Filed 12-8-11; 8:45 am]
BILLING CODE 7710-FW-P