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Post Office Closing

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Information about this document as published in the Federal Register.

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Postal Regulatory Commission.




This notice advises the public that the Commission has docketed an appeal of the closing of the Delaware Station in Albany, New York and addresses related procedural steps. It also advises the public that such appeals are subject to certain statutory requirements, including issuance of a Commission opinion within 120 days of receipt of the appeal under consideration, and related Commission rules. The notice includes a procedural schedule.


Administrative record (or responsive pleading) due: November 5, 2010. Participant's statement or brief due: November 26, 2010. See the procedural schedule in this document for additional key dates.


Submit documents electronically via the Commission's Filing Online system at Those who cannot file electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section for advice on alternatives.

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Stephen L. Sharfman, General Counsel, at 202-789-6824 or

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Notice is hereby given that pursuant to 39 U.S.C. 404(d), the Commission has received an appeal of the closing of the Delaware Station, Albany, New York 12209. The appeal, is postmarked October 19, 2010, and was posted on the Commission's Web site October 21, 2010. The Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and designates the case as Docket No. A2011-1 to consider the petitioner's appeal. If the petitioner would like to further explain her position with supplemental information or facts, she may either file a Participant Statement on PRC Form 61 or file a brief with the Commission by no later than November 26, 2010.

Categories of issues apparently raised. The categories of issues raised include: Failure to follow the post office closure requirements. See 39 U.S.C. 404(d)(1) and Failure to consider effect 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 administrative record with the Commission is November 5, 2010. 39 CFR 3001.113.

Availability; Web site posting. The Commission has posted the appeal and supporting material on its Web site at 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 webmaster via telephone Start Printed Page 66805at 202-789-6873 or via electronic mail at

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 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,, 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,, or by contacting the Commission's docket section at 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 November 16, 2010. A notice of intervention shall be filed using the Internet (Filing Online) at the Commission's Web site,, unless a waiver is obtained for hardcopy filing. See 39 CFR 3001.9(a) and 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 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 November 5, 2010.

2. The procedural schedule listed below is hereby adopted.

3. Pursuant to 39 U.S.C. 505, Robert Sidman 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.

Procedural Schedule

October 19, 2010Filing of Appeal.
November 5, 2010Deadline for Postal Service to file administrative record in this appeal or responsive pleading.
November 16, 2010Deadline for petitions to intervene (see 39 CFR 3001.111(b)).
November 26, 2010Deadline for Petitioner's Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)).
December 16, 2010Deadline for answering brief in support of Postal Service (see 39 CFR 3001.115(c)).
December 31, 2010Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)).
January 7, 2011Deadline 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 16, 2011Expiration of the Commission 120-day decisional schedule (see 39 U.S.C. 404(d)(5)).
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By the Commission.

Shoshana M. Grove,


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[FR Doc. 2010-27350 Filed 10-28-10; 8:45 am]