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Postal Regulatory Commission.
This document informs the public that an appeal of the closing of the Woodgate, New York post office has been filed. It identifies preliminary steps and provides a procedural schedule. Publication of this document will allow the Postal Service, petitioner, and others to take appropriate action.
Administrative record due (from Postal Service): September 28, 2011; deadline for notices to intervene: October 11, 2011. See the Procedural Schedule in the SUPPLEMENTARY INFORMATION section for other dates of interest.
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.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel, at 202-789-6820 (case-related information) or DocketAdmins@prc.gov (electronic filing assistance).End Further Info End Preamble Start Supplemental Information
Notice is hereby given that, pursuant to 39 U.S.C. 404(d), on September 13, 2011, the Commission received a petition for review of the Postal Service's determination to close the Woodgate post office in Woodgate, New York. The petition was filed by the Woodgate Citizens Committee (Petitioner) who also filed an application for suspension of the determination and is postmarked September 1, 2011. The Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and establishes Docket No. A2011-70 to consider Petitioner's appeal. If Petitioner would like to further explain its 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 October 18, 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); and (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)).
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 ones 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 September 28, 2011. See 39 CFR 3001.113. In addition, the due date for any responsive pleading by the Postal Service to this Notice is September 28, 2011.
Application for Suspension of Determination. In addition to its Petition, the Woodgate Citizens Committee filed an application for suspension of the Postal Service's determination (see 39 CFR 3001.114). Commission rules allow for the Postal Service to file an answer to such application within 10 days after the application is filed. The Postal service shall file an answer to the application no later than September 23, 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 participants' submissions also will be posted on the Commission's 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@example.com.
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 firstname.lastname@example.org 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 Start Printed Page 5854610(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 or by contacting the Commission's docket section at email@example.com or via telephone at 202-789-6846.
The 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 Petitioner and respondent, 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 October 11, 2011. 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 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 the 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 an answer to the application for suspension of the Postal Service's determination no later than September 23, 2011.
2. The Postal Service shall file the applicable administrative record regarding this appeal no later than September 28, 2011.
3. Any responsive pleading by the Postal Service to this notice is due no later than September 28, 2011.
4. The procedural schedule listed below is hereby adopted.
5. Pursuant to 39 U.S.C. 505, Kenneth E. Richardson is designated officer of the Commission (Public Representative) to represent the interests of the general public.
6. The Secretary shall arrange for publication of this notice and order in the Federal Register.Start Signature
By the Commission.
Ruth Ann Abrams,
|September 13, 2011||Filing of Appeal.|
|September 23, 2011||Deadline for the Postal Service to file an answer responding to the application for suspension.|
|September 28, 2011||Deadline for the Postal Service to file the applicable administrative record in this appeal.|
|September 28, 2011||Deadline for the Postal Service to file any responsive pleading.|
|October 11, 2011||Deadline for notices to intervene (see 39 CFR 3001.111(b)).|
|October 18, 2011||Deadline for Petitioner's Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)).|
|November 7, 2011||Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)).|
|November 22, 2011||Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)).|
|November 29, 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).|
|December 30, 2011||Expiration of the Commission's 120-day decisional schedule (see 39 U.S.C. 404(d)(5)).|
[FR Doc. 2011-24200 Filed 9-20-11; 8:45 am]
BILLING CODE 7710-FW-P