Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Notices 1963 

1United States Postal Service Notice of Status of 

the Moratorium on Post Office Discontinuance 

Actions, December 15, 2011, (Notice). 

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 prcdockets@prc.gov 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 prcdockets@prc.gov 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, 

Getachew Mekonnen 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

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)). 

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 10, 2012 ............................................ Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)). 

[FR Doc. 2012–482 Filed 1–11–12; 8:45 am] 

BILLING CODE 7710–FW–P 

POSTAL REGULATORY COMMISSION 

[Docket No. A2012–101; Order No. 1102] 

Post Office Closing 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: This document informs the 

public that an appeal of the closing of 

the Cardwell, Montana 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 26, 2012, 4:30 p.m., 

Eastern Time: Deadline for Petitioner’s 

Form 61; February 15, 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/filingonline/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 DocketAdmins@prc.gov 

(electronic filing assistance). 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that, pursuant to 39 U.S.C. 

404(d), the Commission received three 

petitions for review of the Postal 

Service’s determination to close the 

Cardwell post office in Cardwell, 

Montana. The first petition for review 

received December 22, 2011, was filed 

by Afton Fell. The second petition for 

review received December 22, 2011, was 

filed by Misty Hammerbacker. The third 

petition for review received December 

22, 2011, was filed by the Clays of 

Calico. The earliest postmark date is 

December 10, 2011. The Commission 

hereby institutes a proceeding under 39 

U.S.C. 404(d)(5) and establishes Docket 

No. A2012–101 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 26, 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, 


tkelley on DSK3SPTVN1PROD with NOTICES
1964 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Notices 

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. 

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)); and (4) there are 

factual errors contained in the Final 

Determination. 

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 prc-webmaster@prc.gov. 

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 prcdockets@prc.gov 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 prcdockets@prc.gov 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, Emmett 

Rand Costich 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

December 22, 2011 .................................. Filing of Appeal. 

January 6, 2012 ........................................ Deadline for the Postal Service to file the applicable administrative record in this appeal. 

January 6, 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 26, 2012 ...................................... Deadline for Petitioners’ Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and 

(b)). 

February 15, 2012 .................................... Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)). 

March 1, 2012 ........................................... Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). 

March 8, 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 6, 2012 .............................................. Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)). 

[FR Doc. 2012–435 Filed 1–11–12; 8:45 am] 

BILLING CODE 7710–FW–P 


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