[Federal Register Volume 77, Number 8 (Thursday, January 12, 2012)]
[Notices]
[Pages 1958-1959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-368]


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POSTAL REGULATORY COMMISSION

[Docket No. A2012-100; Order No. 1101]


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 Jonesville, Texas 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.

DATES: January 23, 2012, 4:30 p.m., Eastern Time: Deadline for 
Petitioner's Form 61; February 13, 2012, 4:30 p.m., Eastern Time: 
Deadline for answering brief in support of the Postal Service. See the 
Procedural Schedule in the SUPPLEMENTARY INFORMATION section for other 
dates of interest.

ADDRESSES: 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.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
at (202) 789-6820 (case-related information) or <a href="/cdn-cgi/l/email-protection#165279757d736257727b7f78655666647538717960"><span class="__cf_email__" data-cfemail="61250e020a041520050c080f12211113024f060e17">[email protected]</span></a> 
(electronic filing assistance).

SUPPLEMENTARY INFORMATION: Notice is hereby given that, pursuant to 39 
U.S.C. 404(d), the Commission received two petitions for review of the 
Postal Service's determination to close the Jonesville post office in 
Jonesville, Texas. The first petition for review, which included an 
application for suspension of the determination, was filed online on 
December 19, 2011 by Lelia Vaughn. The second petition for review 
received January 3, 2012, was filed by Martha L. Vaughn. The Commission 
hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and 
establishes Docket No. A2012-100 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 January 23, 2012.
    Notwithstanding the Postal Service's determination to close this 
post office, on December 15, 2011, the Postal Service advised the 
Commission that it ``will delay the closing or consolidation of any 
Post Office until May 15, 2012.'' \1\ The Postal Service further 
indicated that it ``will proceed with the discontinuance process for 
any Post Office in which a Final Determination was already posted as of 
December 12, 2011, including all pending appeals.'' Id. It stated that 
the only ``Post Offices'' subject to closing prior to May 16, 2012 are 
those that were not in operation on, and for which a Final 
Determination was posted as of, December 12, 2011. It affirmed that it 
``will not close or consolidate any other Post Office prior to May 16, 
2012.'' Id. Lastly, the Postal Service requested the Commission ``to 
continue adjudicating appeals as provided in the 120-day decisional 
schedule for each proceeding.'' Id.
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    \1\ United States Postal Service Notice of Status of the 
Moratorium on Post Office Discontinuance Actions, December 15, 2011, 
(Notice).
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    The Postal Service's Notice outlines the parameters of its newly 
announced discontinuance policy. Pursuant to the Postal Service's 
request, the Commission will fulfill its appellate responsibilities 
under 39 U.S.C. 404(d)(5).
    Categories of issues apparently raised. Petitioners contend 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)); (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)); (3) the Postal Service failed to 
adequately consider the economic savings resulting from the closure 
(see 39 U.S.C. 404(d)(2)(A)(iv)); (4) there are factual errors 
contained in the Final Determination; and (5) 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 is 
within 15 days after the date on which the petition for review was 
filed with the Commission. See 39 CFR 3001.113. In addition, the due 
date for any responsive pleading by the Postal Service is also within 
15 days after the date on which the petition for review was filed with 
the Commission.
    Application for Suspension of Determination. In addition to her 
Petition, Lelia Vaughn filed an application for suspension of the 
Postal Service's determination (see 39 CFR 3001.114). Because the 
Postal Service has voluntarily suspended closings of post offices, as 
discussed above, the application is moot.
    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 <a href="/cdn-cgi/l/email-protection#b9c9cbda94cedcdbd4d8cacddccbf9c9cbda97ded6cf"><span class="__cf_email__" data-cfemail="d2a2a0b1ffa5b7b0bfb3a1a6b7a092a2a0b1fcb5bda4">[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., Eastern Time, 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#addddfce80c9c2cec6c8d9deeddddfce83cac2db"><span class="__cf_email__" data-cfemail="7a0a0819571e1519111f0e093a0a0819541d150c">[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 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 <a href="/cdn-cgi/l/email-protection#aededccd83cac1cdc5cbdaddeededccd80c9c1d8"><span class="__cf_email__" data-cfemail="2555574608414a464e405156655557460b424a53">[email protected]</span></a> 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

[[Page 1959]]

this case are to be filed on or before January 30, 2012. 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 Application for Suspension of the Final Determination is 
dismissed as moot.
    2. The procedural schedule listed below is hereby adopted.
    3. Pursuant to 39 U.S.C. 505, Malin Moench 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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------------------------------------------------------------------------
December 20, 2011.................................  Filing of Appeal.
January 4, 2012...................................  Deadline for the
                                                     Postal Service to
                                                     file the applicable
                                                     administrative
                                                     record in this
                                                     appeal.
January 4, 2012...................................  Deadline for the
                                                     Postal Service to
                                                     file any responsive
                                                     pleading.
January 30, 2012..................................  Deadline for notices
                                                     to intervene (see
                                                     39 CFR
                                                     3001.111(b)).
January 24, 2012..................................  Deadline for
                                                     Petitioners' Form
                                                     61 or initial brief
                                                     in support of
                                                     petition (see 39
                                                     CFR 3001.115(a) and
                                                     (b)).
February 13, 2012.................................  Deadline for
                                                     answering brief in
                                                     support of the
                                                     Postal Service (see
                                                     39 CFR
                                                     3001.115(c)).
February 28, 2012.................................  Deadline for reply
                                                     briefs in response
                                                     to answering briefs
                                                     (see 39 CFR
                                                     3001.115(d)).
March 6, 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).
April 11, 2012....................................  Expiration of the
                                                     Commission's 120-
                                                     day decisional
                                                     schedule (see 39
                                                     U.S.C. 404(d)(5)).
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[FR Doc. 2012-368 Filed 1-11-12; 8:45 am]
BILLING CODE 7710-FW-P


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