[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Notices]
[Pages 33484-33485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16620]


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POSTAL REGULATORY COMMISSION

[Docket No. A2009-1; Order No. 238]


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 Hacker Valley, WV post office has been filed. It identifies 
preliminary steps and provides a procedural schedule. Publication of 
this document will allow the Postal Service, petitioner, and others to 
take appropriate action.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
202-789-6820 and <a href="/cdn-cgi/l/email-protection#6e1d1a0b1e060b00401d060f1c08030f002e1e1c0d40090118"><span class="__cf_email__" data-cfemail="205354455048454e0e53484152464d414e605052430e474f56">[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 Hacker Valley 
Post Office, Hacker Valley, West Virginia 26222. The appeal, which was 
received by the Commission June 30, 2009, was postmarked June 20, 2009 
and, therefore, is deemed constructively filed on that date.\1\ The 
appeal was filed as a Participant Statement on PRC Form 61. Petitioner 
will have the option of filing supplemental information or facts by 
August 4, 2009. The Commission hereby institutes a proceeding under 39 
U.S.C. 404(d)(5) and designates the case as Docket No. A2009-1 to 
consider the petitioner's appeal.
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    \1\ The Postal Accountability and Enhancement Act section 1006 
amends 39 U.S.C. 404(d) to provide that an appeal sent through the 
mails is deemed received by the Commission on the date of the 
postmark on the envelope in which the appeal is mailed.
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    Categories of issues raised. The categories of issues that appear 
to be raised include:
    1. Effect on the community (39 U.S.C. 404(d)(2)(A)(i)); and
    2. Effect on employees (39 U.S.C. 404(d)(2)(A)(ii)).
    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 July 15, 2009. 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 at 202-789-6873 or 
electronic mail at <a href="/cdn-cgi/l/email-protection#0f5f5d4c22584a4d424e5c5b4a5d4f7f7d6c21686079"><span class="__cf_email__" data-cfemail="0454564729534146494557504156447476672a636b72">[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

[[Page 33485]]

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#c9b9bbaae4ada6aaa2acbd89b9bbaae7aea6bf"><span class="__cf_email__" data-cfemail="1e6e6c7d337a717d757b6a5e6e6c7d30797168">[email protected]</span></a> or via telephone at 202-789-6846.
    Filing of documents. All filing 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#bbcbc9d896dfd4d8d0decffbcbc9d895dcd4cd"><span class="__cf_email__" data-cfemail="09797b6a246d666a626c7d49797b6a276e667f">[email protected]</span></a> or via telephone at 
202-789-6846. The Commission waives the Filing Online requirement for 
the petitioner.
    Intervention. Those, other than the petitioner and respondent, 
wishing to be heard in this matter are directed to file a notice of 
intervention on or before July 31, 2009 in accordance with 39 CFR 
3001.111(b). The notice of intervention shall be filed using the 
Internet (Filing Online) at the Commission's Web site, http://www.prc.gov, or by waiver obtained for hardcopy filing. See 39 CFR 
3001.9(a) and 10(a).
    Public Representative. Richard A. Oliver is designated as the 
Public Representative to represent the interests of the general public.
    Further procedures. By statute the Commission is required to issue 
its decision within 120 days from the date this appeal was filed. See 
39 U.S.C. 404(d)(5). A procedural schedule has been developed to 
accommodate this statutory deadline.\2\ In the interest of expedition 
and in light of the 120-day decision schedule, the Commission may 
request the Postal Service or other participants to provide more 
information or to submit 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. See 39 CFR 3001.21.
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    \2\ Given the difference between the Commission's actual and 
constructive receipt of the appeal, the procedural schedule is 
developed based on the date the appeal was actually received, except 
for the due date of the Commission's decision. This will afford 
participants sufficient time to develop the record without 
compromising the Commission's ability to issue a timely decision. 
Intervenor statements or briefs, including from the Public 
Representative, are due within the time allowed for such statements 
or initial, reply, or answering briefs as appropriate.
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    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 July 
15, 2009.
    2. The procedural schedule to this order is listed below and hereby 
adopted.
    3. The petitioner is granted a waiver from Online Filing.
    4. Pursuant to 39 U.S.C. 505, Richard A. Oliver is designated 
officer of the Commission (Public Representative) to represent the 
interests of the general public.
    5. The Secretary shall arrange for publication of this notice and 
order and procedural schedule in the Federal Register.

                                               Procedural Schedule
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June 20, 2009..................  Filing of Appeal.
July 15, 2009..................  Deadline for Postal Service to file administrative record in this appeal or
                                  responsive pleading.
July 31, 2009..................  Deadline for filing petitions to intervene (see 39 CFR 3001.111(b)).
August 4, 2009.................  Deadline for supplemental information or facts and/or initial briefs in support
                                  of petition (see 39 CFR 3001.115(a), (b) and (e)).
August 24, 2009................  Deadline for answering brief in support of Postal Service (see 39 CFR
                                  3001.115(c)).
September 8, 2009..............  Deadline for reply briefs in response to answering briefs (see 39 CFR
                                  3001.115(d)).
September 15, 2009.............  Deadline for motions 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).
October 18, 2009...............  Expiration of the Commission 120-day decisional schedule (see 39 U.S.C.
                                  404(d)(5)).
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    Dated: July 6, 2009.

    By the Commission.
Judith M. Grady,
Secretary.
[FR Doc. E9-16620 Filed 7-10-09; 8:45 am]
BILLING CODE 7710-FW-P


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