Postal Regulatory Commission.
This document informs the public that an appeal of the closing of the Orchard, Iowa 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.
November 14, 2011: Administrative record due (from Postal Service); December 5, 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.
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.
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FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel, at (202) 789-6820 (case-related information) or DocketAdmins@prc.gov (electronic filing assistance).
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Start Supplemental Information
Notice is hereby given that, pursuant to 39 U.S.C. 404(d), on October 28, 2011, the Commission received two petitions for review of the Postal Service's determination to close the Orchard post office in Orchard, Iowa. The first petition for review was filed by Judith Start Printed Page 71085A. Schimpf. The second petition for review was filed by Philip K. Lack. The earliest postmark date is October 19, 2011. The Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and establishes Docket No. A2012-45 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 December 2, 2011.
Categories of issues apparently raised. Petitioners contend that (1) The Postal Service failed to adequately consider the economic savings resulting from the closure (see 39 U.S.C. 404(d)(2)(A)(iv)); (2) there are factual errors contained in the Final Determination; and (3) 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 with the Commission is November 14, 2011. See 39 CFR 3001.113. In addition, the due date for any responsive pleading by the Postal Service to this notice is November 14, 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 firstname.lastname@example.org.
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@example.com 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 firstname.lastname@example.org 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 5, 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 14, 2011.
2. Any responsive pleading by the Postal Service to this notice is due no later than November 14, 2011.
3. The procedural schedule listed below is hereby adopted.
4. Pursuant to 39 U.S.C. 505, Emmett Rand Costich 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.
Shoshana M. Grove,
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|October 28, 2011||Filing of Appeal.|
|November 14, 2011||Deadline for the Postal Service to file the applicable administrative record in this appeal.|
|November 14, 2011||Deadline for the Postal Service to file any responsive pleading.|
|December 5, 2011||Deadline for notices to intervene (see 39 CFR 3001.111(b)).|
|December 2, 2011||Deadline for Petitioners' Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)).|
|December 22, 2011||Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)).|
|January 6, 2012||Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)).|
|January 13, 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 16, 2012||Expiration of the Commission's 120-day decisional schedule (see 39 U.S.C. 404(d)(5)).|
[FR Doc. 2011-29573 Filed 11-15-11; 8:45 am]
BILLING CODE 7710-FW-P