[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1752-1754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-283]
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POSTAL REGULATORY COMMISSION
[Docket No. A2012-97; Order No. 1085]
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 Ashton, Iowa, post office has been filed. It identifies
preliminary steps and provides a procedural schedule. Publication of
this document will allow
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the Postal Service, petitioners, and others to take appropriate action.
DATES: January 13, 2012, 4:30 p.m., Eastern Time: Deadline for initial
brief in support of the petition.
February 2, 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 DocketAdmins@prc.gov
(electronic filing assistance).
SUPPLEMENTARY INFORMATION: Notice is hereby given that, pursuant to 39
U.S.C. 404(d), the Commission received three petitions for review of
the Postal Service's determination to close the Ashton post office in
Ashton, Iowa. The first petition for review received December 9, 2011,
was filed by Brian D. Mino. The second petition for review received
December 9, 2011, was filed by Melvin Tiedemann, Mayor on behalf of the
City of Ashton. The third petition for review received December 13,
2011, was filed by Alfreda Verdoorn. The earliest postmark date is
November 30, 2011. The Commission hereby institutes a proceeding under
39 U.S.C. 404(d)(5) and establishes Docket No. A2012- 97 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 January 13, 2012.
Notwithstanding the Postal Service's determination to close this
post office, on December 15, 2011, the Postal Service advised the
Commission that it ``will delay the closing or consolidation of any
Post Office until May 15, 2012.'' \1\ The Postal Service further
indicated that it ``will proceed with the discontinuance process for
any Post Office in which a Final Determination was already posted as of
December 12, 2011, including all pending appeals.'' Id. It stated that
the only ``Post Offices'' subject to closing prior to May 16, 2012 are
those that were not in operation on, and for which a Final
Determination was posted as of, December 12, 2011. It affirmed that it
``will not close or consolidate any other Post Office prior to May 16,
2012.'' Id. Lastly, the Postal Service requested the Commission ``to
continue adjudicating appeals as provided in the 120-day decisional
schedule for each proceeding.'' Id.
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\1\ United States Postal Service Notice of Status of the
Moratorium on Post Office Discontinuance Actions, December 15, 2011,
(Notice).
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The Postal Service's Notice outlines the parameters of its newly
announced discontinuance policy. Pursuant to the Postal Service's
request, the Commission will fulfill its appellate responsibilities
under 39 U.S.C. 404(d)(5).
Categories of issues apparently raised. Petitioners contend 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)); (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)); (4) the Postal Service failed to
follow procedures required by law regarding closures (see 39 U.S.C.
404(d)(5)(B)); and (5) the Postal Service failed to provide substantial
evidence in support of the determination (see 39 U.S.C. 404(d)(5)(c)).
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 on 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 on 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 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., Eastern Time, 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. 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 prc-dockets@prc.gov 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 January 23, 2012. 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, Robert N. Sidman is designated
officer of the
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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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December 9, 2011.................................. Filing of Appeal.
December 27, 2011................................. Deadline for the
Postal Service to
file the applicable
administrative
record in this
appeal.
December 27, 2011................................. Deadline for the
Postal Service to
file any responsive
pleading.
January 23, 2012.................................. Deadline for notices
to intervene (see
39 CFR
3001.111(b)).
January 13, 2012.................................. Deadline for
Petitioners' Form
61 or initial brief
in support of
petition (see 39
CFR 3001.115(a) and
(b)).
February 2, 2012.................................. Deadline for
answering brief in
support of the
Postal Service (see
39 CFR
3001.115(c)).
February 17, 2012................................. Deadline for reply
briefs in response
to answering briefs
(see 39 CFR
3001.115(d)).
February 24, 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 29, 2012.................................... Expiration of the
Commission's 120-
day decisional
schedule (see 39
U.S.C. 404(d)(5)).
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[FR Doc. 2012-283 Filed 1-10-12; 8:45 am]
BILLING CODE 7710-FW-P