[Federal Register Volume 75, Number 229 (Tuesday, November 30, 2010)]
[Notices]
[Pages 74109-74110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30046]


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POSTAL REGULATORY COMMISSION

[Docket No. A2011-3; Order No. 596]


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 Graves Mill, Virginia 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.

DATES: Administrative record due (from Postal Service): December 7, 
2010; deadline for petitions to intervene: December 20, 2010. See the 
Procedural Schedule in the SUPPLEMENTARY INFORMATION section for other 
dates of interest.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov. Those who cannot submit comments 
electronically should contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section by telephone for advice on filing 
alternatives.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
at 202-789-6820 or <a href="/cdn-cgi/l/email-protection#42313627322a272c6c312a2330242f232c023230216c252d34"><span class="__cf_email__" data-cfemail="f08384958098959ede83989182969d919eb0808293de979f86">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that pursuant to 39 
U.S.C. 404(d), the Commission has received a petition for review of the 
closing of the Graves Mill Post Office located in Graves Mill, 
Virginia. The petition, which was filed by Douglas M. Graves 
(Petitioner), is postmarked November 15, 2010, and was posted on the 
Commission's Web site November 22, 2010. The Commission hereby 
institutes a proceeding under 39 U.S.C. 404(d)(5) and designates the 
case as Docket No. A2011-3 to consider the Petitioner's appeal. If the 
Petitioner would like to further explain his position with supplemental 
information or facts, he may either file a Participant Statement on PRC 
Form 61 or file a brief with the Commission by no later than December 
27, 2010.
    Categories of issues apparently raised. The categories of issues 
raised include: Failure to follow the post office closure requirements 
and failure to consider the effect on the community. See 39 U.S.C. 39 
U.S.C. 404(d)(1) and 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 the two set forth above, or that the Postal Service's 
determination disposes

[[Page 74110]]

of one or more of those issues. The deadline for the Postal Service to 
file the administrative record with the Commission is December 7, 2010. 
See 39 CFR 3001.113.
    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 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 <a href="/cdn-cgi/l/email-protection#324240511f4557505f5341465740724240511c555d44"><span class="__cf_email__" data-cfemail="d8a8aabbf5afbdbab5b9abacbdaa98a8aabbf6bfb7ae">[email protected]</span></a>.
    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 <a href="/cdn-cgi/l/email-protection#9fefedfcb2fbf0fcf4faebecdfefedfcb1f8f0e9"><span class="__cf_email__" data-cfemail="b8c8cadb95dcd7dbd3ddcccbf8c8cadb96dfd7ce">[email protected]</span></a> 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 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 <a href="/cdn-cgi/l/email-protection#7a0a0819571e1519111f0e093a0a0819541d150c"><span class="__cf_email__" data-cfemail="f5858796d8919a969e908186b5858796db929a83">[email protected]</span></a> 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 December 20, 2010. 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 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 the administrative record in this 
appeal, or otherwise file a responsive pleading to the appeal, by 
December 7, 2010.
    2. The procedural schedule listed below is hereby adopted.
    3. Pursuant to 39 U.S.C. 505, Katrina Martinez 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
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November 22, 2010............  Filing of Appeal.
December 7, 2010.............  Deadline for Postal Service to file
                                administrative record in this appeal or
                                responsive pleading.
December 20, 2010............  Deadline for petitions to intervene (see
                                39 CFR 3001.111(b)).
December 27, 2010............  Deadline for petitions to intervene (see
                                39 CFR 3001.111(b)).
December 13, 2010............  Deadline for Petitioner's Form 61 or
                                initial brief in support of petition
                                (see 39 CFR 3001.115(a), (b) and (e)).
January 18, 2011.............  Deadline for answering brief in support
                                of Postal Service (see 39 CFR
                                3001.115(c)).
February 2, 2011.............  Deadline for reply briefs in response to
                                answering briefs (see 39 CFR
                                3001.115(d)).
February 9, 2011.............  Deadline for motions 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 15, 2011...............  Expiration 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,
Secretary.
[FR Doc. 2010-30046 Filed 11-29-10; 8:45 am]
BILLING CODE 7710-FW-P


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