[Federal Register Volume 77, Number 8 (Thursday, January 12, 2012)]
[Notices]
[Pages 1960-1962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-453]


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POSTAL REGULATORY COMMISSION

[Docket No. A2012-103; Order No. 1104]


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 Shaftsburg, Michigan 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 31, 2012, 4:30 p.m., Eastern Time: Deadline for 
Petitioner's Form 61; February 21, 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#24604b474f41506540494d4a57645456470a434b52"><span class="__cf_email__" data-cfemail="460229252d233207222b2f28350636342568212930">[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

[[Page 1961]]

petitions for review of the Postal Service's determination to close the 
Shaftsburg post office in Shaftsburg, Michigan. The first petition for 
review received December 27, 2011, was filed by Aloise Bachelder. The 
second petition for review received December 27, 2011, was filed by 
Everett and Jill Held. The earliest postmark date is December 16, 2011. 
The Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) 
and establishes Docket No. A2012-103 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 31, 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)); and (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)).
    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.
    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#f7878594da8092959a9684839285b7878594d9909881"><span class="__cf_email__" data-cfemail="8ffffdeca2f8eaede2eefcfbeafdcffffdeca1e8e0f9">[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#7505071658111a161e100106350507165b121a03"><span class="__cf_email__" data-cfemail="d7a7a5b4fab3b8b4bcb2a3a497a7a5b4f9b0b8a1">[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#48383a2b652c272b232d3c3b08383a2b662f273e"><span class="__cf_email__" data-cfemail="631311004e070c0008061710231311004d040c15">[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 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 procedural schedule listed below is hereby adopted.
    2. Pursuant to 39 U.S.C. 505, Derrick Dennis is designated officer 
of the Commission (Public Representative) to represent the interests of 
the general public.
    3. 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 27, 2011....................................  Filing of Appeal.
January 11, 2012.....................................  Deadline for the
                                                        Postal Service
                                                        to file the
                                                        applicable
                                                        administrative
                                                        record in this
                                                        appeal.
January 11, 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 31, 2012.....................................  Deadline for
                                                        Petitioners'
                                                        Form 61 or
                                                        initial brief in
                                                        support of
                                                        petition (see 39
                                                        CFR 3001.115(a)
                                                        and (b)).
February 21, 2012....................................  Deadline for
                                                        answering brief
                                                        in support of
                                                        the Postal
                                                        Service (see 39
                                                        CFR
                                                        3001.115(c)).

[[Page 1962]]

 
March 7, 2012........................................  Deadline for
                                                        reply briefs in
                                                        response to
                                                        answering briefs
                                                        (see 39 CFR
                                                        3001.115(d)).
March 14, 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 13, 2012.......................................  Expiration of the
                                                        Commission's 120-
                                                        day decisional
                                                        schedule (see 39
                                                        U.S.C.
                                                        404(d)(5)).
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[FR Doc. 2012-453 Filed 1-11-12; 8:45 am]
BILLING CODE 7710-FW-P


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