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[Federal Register Volume 75, Number 45 (Tuesday, March 9, 2010)]
[Notices]
[Pages 10842-10843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4921]

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POSTAL REGULATORY COMMISSION

[Docket No. A2010-3; Order No. 417]

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 East Elko Station, NV 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.

ADDRESSES:  Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov. Commenters who cannot submit their 
views electronically should contact the person identified in the For 
Further Information Contact section by telephone for advice on 
alternatives to electronic filing.

FOR FURTHER INFORMATION CONTACT:  Stephen L. Sharfman, General Counsel, 
202-789-6820 or [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that pursuant to 39 
U.S.C. 404(d), the Commission has received an appeal of the closing of 
the East Elko Station located in Elko, Nevada 89801. The appeal was 
received by the Commission on February 22, 2010. The Commission hereby 
institutes a proceeding under 39 U.S.C. 404(d)(5) and designates the 
case as Docket No. A2010-3 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 his own brief with the Commission by no later than 
March 29, 2010.
    Categories of issues apparently raised. The categories of issues 
that appear to be raised include:
    Effect on the community (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 
additional issues other than that set forth above or, alternatively, 
the Commission may find 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 March 
9, 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 [email protected].
    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 [email protected] 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 [email protected] 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(b). Notices of intervention are due 
on or before March 29, 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 this appeal was filed. 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.
    Comments. In considering this appeal, the Commission will be 
relying on its interpretation of 39 U.S.C. section 404(d)(1) which 
accords customers of stations and branches the same treatment as 
customers of post offices for purposes of appeal.

[[Page 10843]]

    The Commission's position of record on this issue has been 
developed since the late 1970s, when the former Rate Commission first 
addressed the definition of post office in Docket No. A78-1. In re 
Gresham, SC, Order No. 208 (August 16, 1978). Since that time, the 
Commission has consistently put forward the position that stations and 
branches were ``post offices'' within the meaning of section 404(d).
    Comments from the mailing community and general public in this 
docket are encouraged.
    In addition, it would be helpful for commenters to review whether 
precedent based on these cases, decided by the former Rate Commission, 
should be controlling in the new regulatory environment established by 
the Postal Accountability and Enhancement Act.
    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 March 
9, 2010.
    2. The procedural schedule listed below is hereby adopted.
    3. Pursuant to 39 U.S.C. 505, Richard A. Oliver 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.

    By the Commission.
Shoshana M. Grove,
Secretary.

                           Procedural Schedule
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February 22, 2009.......................  Filing of Appeal.
March 9, 2010...........................  Deadline for Postal Service to
                                           file administrative record in
                                           this appeal or responsive
                                           pleading.
March 29, 2010..........................  Deadline for petitions to
                                           intervene (see 39 CFR
                                           3001.111(b)).
March 29, 2010..........................  Deadline for petitioner's form
                                           61 or initial brief in
                                           support of petition (see 39
                                           CFR 3001.115(a) and (b)).
April 19, 2010..........................  Deadline for answering brief
                                           in support of Postal Service
                                           (see 39 CFR 3001.115(c)).
May 4, 2010.............................  Deadline for reply briefs in
                                           response to answering briefs
                                           (see 39 CFR 3001.115(d)).
May 11, 2010............................  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).
June 22, 2010...........................  Expiration of the Commission's
                                           120-day decisional schedule
                                           (see 39 U.S.C. 404(d)(5)).
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[FR Doc. 2010-4921 Filed 3-8-10; 8:45 am]
BILLING CODE 7710-FW-S
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