[Federal Register Volume 75, Number 209 (Friday, October 29, 2010)]
[Notices]
[Pages 66804-66805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27350]


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POSTAL REGULATORY COMMISSION

[Docket No. A2011-1; Order No. 567]


Post Office Closing

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: This notice advises the public that the Commission has 
docketed an appeal of the closing of the Delaware Station in Albany, 
New York and addresses related procedural steps. It also advises the 
public that such appeals are subject to certain statutory requirements, 
including issuance of a Commission opinion within 120 days of receipt 
of the appeal under consideration, and related Commission rules. The 
notice includes a procedural schedule.

DATES: Administrative record (or responsive pleading) due: November 5, 
2010. Participant's statement or brief due: November 26, 2010. See the 
procedural schedule in this document for additional key dates.

ADDRESSES: Submit documents electronically via the Commission's Filing 
Online system at http://www.prc.gov. Those who cannot file 
electronically should contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section for advice on alternatives.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
at 202-789-6824 or <a href="/cdn-cgi/l/email-protection#42313627322a272c6c312a2330242f232c023230216c252d34"><span class="__cf_email__" data-cfemail="daa9aebfaab2bfb4f4a9b2bba8bcb7bbb49aaaa8b9f4bdb5ac">[email protected]</span></a>.

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 Delaware Station, Albany, New York 12209. The appeal, is postmarked 
October 19, 2010, and was posted on the Commission's Web site October 
21, 2010. The Commission hereby institutes a proceeding under 39 U.S.C. 
404(d)(5) and designates the case as Docket No. A2011-1 to consider the 
petitioner's appeal. If the petitioner would like to further explain 
her position with supplemental information or facts, she may either 
file a Participant Statement on PRC Form 61 or file a brief with the 
Commission by no later than November 26, 2010.
    Categories of issues apparently raised. The categories of issues 
raised include: Failure to follow the post office closure requirements. 
See 39 U.S.C. 404(d)(1) and Failure to consider effect on the 
community. See 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 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 administrative record with the 
Commission is November 5, 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

[[Page 66805]]

at 202-789-6873 or via electronic mail at <a href="/cdn-cgi/l/email-protection#9bebe9f8b6ecfef9f6fae8effee9dbebe9f8b5fcf4ed"><span class="__cf_email__" data-cfemail="cdbdbfaee0baa8afa0acbeb9a8bf8dbdbfaee3aaa2bb">[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., 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#215153420c454e424a445552615153420f464e57"><span class="__cf_email__" data-cfemail="7404061759101b171f110007340406175a131b02">[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. 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 <a href="/cdn-cgi/l/email-protection#78080a1b551c171b131d0c0b38080a1b561f170e"><span class="__cf_email__" data-cfemail="c4b4b6a7e9a0aba7afa1b0b784b4b6a7eaa3abb2">[email protected]</span></a> 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. Notices of intervention in this case 
are to be filed on or before November 16, 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 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 the Commission rules, 
if any motions are filed, responses are due 7 days after any such 
motion is filed. 39 CFR 3001.21.
    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 
November 5, 2010.
    2. The procedural schedule listed below is hereby adopted.
    3. Pursuant to 39 U.S.C. 505, Robert Sidman 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.

                           Procedural Schedule
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October 19, 2010.......................  Filing of Appeal.
November 5, 2010.......................  Deadline for Postal Service to
                                          file administrative record in
                                          this appeal or responsive
                                          pleading.
November 16, 2010......................  Deadline for petitions to
                                          intervene (see 39 CFR
                                          3001.111(b)).
November 26, 2010......................  Deadline for Petitioner's Form
                                          61 or initial brief in support
                                          of petition (see 39 CFR
                                          3001.115(a) and (b)).
December 16, 2010......................  Deadline for answering brief in
                                          support of Postal Service (see
                                          39 CFR 3001.115(c)).
December 31, 2010......................  Deadline for reply briefs in
                                          response to answering briefs
                                          (see 39 CFR 3001.115(d)).
January 7, 2011........................  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).
February 16, 2011......................  Expiration of the Commission
                                          120-day decisional schedule
                                          (see 39 U.S.C. 404(d)(5)).
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    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2010-27350 Filed 10-28-10; 8:45 am]
BILLING CODE P


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