[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Notices]
[Pages 78778-78779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31554]


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POSTAL REGULATORY COMMISSION

[Docket No. A2011-6; Order No. 605]


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 Holmes Mill (Kentucky) 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 22, 
2010; deadline for notices to intervene: January 4, 2011; and deadline 
for petitioner's Form 61 or initial brief: January 11, 2011 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 <a href="/cdn-cgi/l/email-protection#403334253028252e6e33282132262d212e003032236e272f36"><span class="__cf_email__" data-cfemail="85f6f1e0f5ede0ebabf6ede4f7e3e8e4ebc5f5f7e6abe2eaf3">[email protected]</span></a> or 202-789-6820.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, pursuant to 39 
U.S.C. 404(d), on December 7, 2010, the Commission received a petition 
for review of the closing of the Holmes Mill Post Office in Holmes 
Mill, Kentucky. The petition, which was filed by Dovie Hamblin 
(Petitioner), is postmarked December 2, 2010, and was posted on the 
Commission's Web site December 8, 2010. The Commission hereby 
institutes a proceeding under 39 U.S.C. 404(d)(5) and designates the 
case as Docket No. A2011-6 to consider the Petitioner's appeal. If the 
Petitioner would like to further explain his or her position with 
supplemental information or facts, the Petitioner may either file a 
Participant Statement on PRC Form 61 or file a brief with the 
Commission by no later than January 11, 2011.
    Categories of issues apparently raised. The categories of issues 
raised include: Failure to consider the 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 the one 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 December 22, 2010. 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#0d7d7f6e207a686f606c7e79687f4d7d7f6e236a627b"><span class="__cf_email__" data-cfemail="d4a4a6b7f9a3b1b6b9b5a7a0b1a694a4a6b7fab3bba2">[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#3444465719505b575f514047744446571a535b42"><span class="__cf_email__" data-cfemail="d4a4a6b7f9b0bbb7bfb1a0a794a4a6b7fab3bba2">[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. 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#e3939180ce878c8088869790a3939180cd848c95"><span class="__cf_email__" data-cfemail="1e6e6c7d337a717d757b6a6d5e6e6c7d30797168">[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 January 4, 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 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

[[Page 78779]]

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 22, 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
December 7, 2010..................  Filing of Appeal.
December 22, 2010.................  Deadline for Postal Service to file
                                     administrative record in this
                                     appeal or responsive pleading.
January 4, 2011...................  Deadline for notices to intervene
                                     (see 39 CFR 3001.111(b)).
January 11, 2010..................  Deadline for Petitioner's Form 61 or
                                     initial brief in support of
                                     petition (see 39 CFR 3001.115(a)
                                     and (b)).
January 31, 2011..................  Deadline for answering brief in
                                     support of Postal Service (see 39
                                     CFR 3001.115(c)).
February 15, 2011.................  Deadline for reply briefs in
                                     response to answering briefs (see
                                     39 CFR 3001.115(d)).
February 22, 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).
April 1, 2011.....................  Expiration of the Commission's 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. 2010-31554 Filed 12-15-10; 8:45 am]
BILLING CODE 7710-FW-P


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