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[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Page 88823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25997]

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POSTAL REGULATORY COMMISSION

[Docket No. C2024-21; Order No. 7884]

Complaint Proceeding

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is acknowledging a document opening a 
proceeding to consider issues related to the classification of 
Catherine Commons as a dormitory or residence hall. This document takes 
other administrative steps.

ADDRESSES: Documents are available electronically via the Commission's 
Filing Online system at https://www.prc.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Ordering Paragraphs

I. Background

    Complainants and their affiliates own and operate Catherine 
Commons, a newly developed four-building complex located in Ithaca, New 
York. Complainants assert that the Postal Service has unduly or 
unreasonably discriminated against Catherine Commons in violation of 39 
U.S.C. 403(c) by misclassifying it as a dormitory rather than an 
apartment community. Classification as a dormitory allows the Postal 
Service to deliver mail in bulk rather than to apartment-type 
mailboxes, and places responsibility on the building owner for final 
delivery of mail. Pursuant to 39 U.S.C. 3662(b), the Commission 
concludes that Complainants have made sufficient allegations that there 
may be no rational or legitimate basis for classifying Catherine 
Commons as a dormitory or residence hall and that there are outstanding 
issues of fact to resolve whether the Postal Service has violated 39 
U.S.C. 403(c). The Order grants the Postal Service's Motion to Dismiss 
on all remaining substantive grounds.\1\
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    \1\ See United States Postal Service Motion to Dismiss, 
September 17, 2024 (Motion to Dismiss).
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    The Commission appoints a presiding officer to preside over the 
conduct of the proceedings, including scheduling, discovery, potential 
hearings, and briefing in this matter. The Commission finds good cause 
to waive the appointment of an officer of the Commission designated to 
represent the interests of the general public in this proceeding as 
required by 39 CFR 3022.30(c) because the violations alleged in the 
Complaint pertain solely to Complainants, who are represented by 
counsel, rather than the general public.

II. Ordering Paragraphs

    It is ordered:
    1. The Commission finds that the Complaint of Cook-Coll, LLC and 
Coll-Cath Associates, LLC, filed August 28, 2024, raises material 
issues of fact.
    2. The United States Postal Service's Motion to Dismiss the 
Complaint of Cook-Coll, LLC and Coll-Cath Associates, LLC, filed 
September 17, 2024, is denied on the grounds that the Complaint of 
Cook-Coll, LLC and Coll-Cath Associates, LLC, filed August 28, 2024, 
failed to include the certification required by 39 CFR 3022.10(a)(9).
    3. The United States Postal Service's Motion to Dismiss the 
Complaint of Cook-Coll, LLC and Coll-Cath Associates, LLC, filed 
September 17, 2024, is granted on all remaining grounds except for the 
claim related to the alleged violation of 39 U.S.C. 403(c).
    4. Pursuant to 39 CFR 3010.106, the Commission appoints Laura K. 
Koepnick as a presiding officer in this proceeding.
    5. The Secretary shall arrange for publication of this Order, or 
abstract thereof, in the Federal Register.

    By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2024-25997 Filed 11-7-24; 8:45 am]
BILLING CODE P
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