Post Office Closing, 39141-39143 [2011-16666]

Download as PDF Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Notices granting or denying access) is governed by 10 CFR 2.311.3 I. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR part 2. Attachment 1 to this Order summarizes the general target schedule for processing and resolving requests under these procedures. It is so ordered. Dated at Rockville, Maryland, this 23rd day of June, 2011. 39141 For the Nuclear Regulatory Commission. Andrew L. Bates, Acting Secretary of the Commission. Attachment 1—General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in This Proceeding Day Event/Activity 0 ........................................... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 requestor/ petitioner reply). Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. Deadline for NRC staff reply to motions to reverse NRC staff determination(s). (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. (Answer receipt +7) Petitioner/Intervenor reply to answers. Decision on contention admission. 10 ......................................... 60 ......................................... 20 ......................................... 25 ......................................... 30 ......................................... 40 ......................................... A ........................................... A + 3 ..................................... A + 28 ................................... A + 53 ................................... A + 60 ................................... >A + 60 ................................ [FR Doc. 2011–16275 Filed 7–1–11; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket No. A2011–19; Order No. 754] Post Office Closing Postal Regulatory Commission. Notice. AGENCY: srobinson on DSK4SPTVN1PROD with NOTICES ACTION: This document informs the public that an appeal of the closing of the Lafayette Postal Facility has been filed. It identifies preliminary steps and provides a procedural schedule. SUMMARY: 3 Requestors should note that the filing requirements of the NRC’s E–Filing Rule (72 FR 49139; August 28, 2007) apply to appeals of NRC VerDate Mar<15>2010 17:58 Jul 01, 2011 Jkt 223001 Publication of this document will allow the Postal Service, petitioners, and others to take appropriate action. DATES: Administrative record due (from Postal Service): July 7, 2011; deadline for notices to intervene: July 25, 2011. 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 (https:// 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. staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures. PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, at 202–789–6820 (case-related information) or DocketAdmins@prc.gov (electronic filing assistance). Notice is hereby given that, pursuant to 39 U.S.C. 404(d), the Commission received two petitions for review of the closing of the Lafayette Postal Facility in Freehold, SUPPLEMENTARY INFORMATION: E:\FR\FM\05JYN1.SGM 05JYN1 39142 Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Notices New Jersey.1 The first petition, which was filed by A. Richard Gatto on behalf of the Freehold Center Management Corporation, included an application for suspension of the determination. On June 24, 2011, a second petition for review was filed by Duane O. Davison on behalf of the Township of Freehold, New Jersey. The Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and designates the case as Docket No. A2011–19 to consider Petitioners’ appeals. If Petitioners would like to further explain their positions with supplemental information or facts, Petitioners may either file a Participant Statement on PRC Form 61 or file an initial brief with the Commission no later than July 27, 2011. Categories of issues apparently raised. Petitioners raise two issues: (1) The failure of the Postal Service to follow the procedural requirements of 39 U.S.C. 404(d) and 39 CFR 241.3 for closing a post office; and (2) the failure of the Postal Service to consider the impact the closing would have 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 July 7, 2011. See 39 CFR 3001.113. In addition, the due date for any responsive pleading by the Postal Service to this notice is July 7, 2011. Application for Suspension of Determination. In addition to its Petition, Freehold Management Corporation filed an application for suspension of the Postal Service’s determination (see 39 CFR 3001.114). Commission rules allow for the Postal Service to file an answer to such application within 10 days after the application is filed. The Postal Service shall file an answer to the application no later than July 5, 2011. Availability; Web site posting. The Commission has posted the appeal and supporting material on its Web site at https://www.prc.gov. Additional filings in this case and participant’s submissions will also be posted on the Commission’s 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., Monday through Friday, except on Federal government holidays. Docket section personnel may be contacted via electronic mail at prc-dockets@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, https://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 or by contacting the Commission’s docket section at prc-dockets@prc.gov or via telephone at 202–789–6846. The Commission reserves the right to redact personal information which may infringe on an individual’s privacy rights from documents filed in this proceeding. Intervention. Those, other than the Petitioners and respondent, 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 must be filed on or before July 25, 2011. A notice of intervention shall be filed using the Internet (Filing Online) at the Commission’s Web site 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 Postal Service shall file an answer to the application for suspension of the Postal Service’s determination no later than July 5, 2011. 2. The Postal Service shall file the administrative record regarding this appeal no later than July 7, 2011. 3. Any responsive pleading by the Postal Service to this notice is due no later than July 7, 2011. 4. The procedural schedule listed below is hereby adopted. 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 in the Federal Register. srobinson on DSK4SPTVN1PROD with NOTICES PROCEDURAL SCHEDULE June 22, 2011 ................................. July 5, 2011 .................................... July 7, 2011 .................................... July 7, 2011 .................................... July 25, 2011 .................................. July 27, 2011 .................................. August 16, 2011 .............................. August 31, 2011 .............................. September 7, 2011 ......................... October 20, 2011 ............................ Filing of Appeal. Deadline for the Postal Service to file answer responding to application for suspension. Deadline for the Postal Service to file the administrative record in this appeal. Deadline for the Postal Service to file any responsive pleading. Deadline for notices to intervene (see 39 CFR 3001.111(b)). Deadline for Petitioner’s Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)). Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). 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). Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)). 1 Petition for Review, Application for Suspension of Determination of the Postal Service to Close Lafayette Postal Trailer Pending Appeal and Petition for Review, Request for Oral Arguments, VerDate Mar<15>2010 17:58 Jul 01, 2011 Jkt 223001 filed by A. Richard Gatto, Freehold Center Management Corporation, June 22, 2011. The Petition includes five exhibits. See also Petition for Review of Closure Decision—Postal Service Facility PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 at 13 Lafayette Street, Freehold, New Jersey 07728, filed by Duane O. Davison, on behalf of the Township of Freehold, New Jersey, June 24, 2011 (Petition). E:\FR\FM\05JYN1.SGM 05JYN1 Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Notices By the Commission. Shoshana M. Grove, Secretary. office of the Exchange, and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change [FR Doc. 2011–16666 Filed 7–1–11; 8:45 am] BILLING CODE 7710–FW–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–64760; File No. SR–ISE– 2011–34] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Increase the Position and Exercise Limit for Options on the Standard & Poor’s® Depository Receipts (SPDRs®) June 28, 2011. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on June 17, 2011, the International Securities Exchange, LLC (the ‘‘Exchange’’ or the ‘‘ISE’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II below, which items have been prepared by the Exchange. The Exchange filed the proposal as a ‘‘non-controversial’’ proposed rule change pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b–4(f)(6) thereunder.4 The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend the rules of the Exchange to increase the position and exercise limit applicable to options on the Standard and Poor’s® Depositary Receipts (‘‘SPDRs®’’).5 The text of the proposed rule change is available on the Exchange’s Web site https://www.ise.com, at the principal 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b–4(f)(6). 5 ‘‘SPDRs®’’, ‘‘Standard & Poor’s®’’, ‘‘S&P®’’, ‘‘S&P 500®’’, ‘‘Standard & Poor’s 500’’, and ‘‘500’’ are trademarks of The McGraw-Hill Companies, Inc. SPDRs®, also sometimes referred to colloquially as ‘‘spiders’’, are exchange traded funds (‘‘ETFs’’) based on the S&P 500® Index. Each share of the traditional SPDRs® ETF (SPDRs® Trust Series 1) holds a stake in the 500 stocks represented by the S&P 500®. SPDRs®, and options thereon, are generally used by large institutions and traders as bets on the overall direction of the market. They are also used by individual retail investors who believe in passive management (index investing). srobinson on DSK4SPTVN1PROD with NOTICES 2 17 VerDate Mar<15>2010 19:00 Jul 01, 2011 Jkt 223001 In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in Sections A, B and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposal is to amend ISE Rules 412 and 414 to increase the position and exercise limit applicable to options on SPDRs®, which are trading under the symbol SPY, from 300,000 to 900,000 contracts on the same side of the market. The Exchange began trading options on SPDRs® on January 10, 2005. That year, the position limit for these options was increased to the current limit of 300,000 contracts on the same side of the market, and has remained unchanged.6 However, institutional and retail traders have greatly increased their demand for options on SPDRs® for hedging and trading purposes, such that these options have experienced an explosive gain in popularity and have been the most actively traded options for the last two years. For example, options on SPDRs® (SPY), the most actively traded options in the U.S. in terms of volume, traded a total of 33,341,698 contracts across all exchanges from March 1, 2011 through March 16, 2011. In contrast, over the same time period, options on the Nasdaq-100 Index® Tracking Stock (‘‘QQQSM’’),7 the third most actively traded options, traded a total of 8,730,718 contracts (less than 26.2% of the volume of options on SPDRs®). 6 See Securities Exchange Act Release No. 51042 (January 14, 2005), 70 FR 3412 (January 24, 2005) (SR–ISE–2005–05) (Approval order increasing position and exercise limits for options on SPDRs® from 75,000 contracts to 300,000 contracts on the same side of the market). 7 QQQSM options were formerly traded under the ticker symbol QQQQSM. QQQSM, Nasdaq–100®, Nasdaq–100 Index®, Nasdaq®, and Nasdaq–100 Index Tracking StockSM are trademarks or service marks of The Nasdaq Stock Market, Inc. (‘‘Nasdaq’’). PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 39143 Currently, SPY options have a position limit of only 300,000 contracts on the same side on the market while the significantly lesser-volume QQQSM options, which are comparable to SPY options, have a position limit of 900,000 contracts on the same side of the market. The Exchange believes that SPY options should, like options on QQQSM, have a position limit of 900,000 contacts. Given the increase in volume and continuous unprecedented demand for trading options on SPDRs®, the Exchange believes that the current position limit of 300,000 contracts is too low and inadequate and is a deterrent to the optimal use of the product for hedging and trading purposes. There are multiple reasons to increase the position and exercise limit for SPY options. First, traders have informed the Exchange that the current SPY option position limit of 300,000 contracts, which has remained flat for more than five years despite the tremendous trading volume increase, is no longer sufficient for optimal trading and hedging purposes. SPY options are, as noted, used by large institutions and traders as a means to invest in or hedge the overall direction of the market. Second, options on SPDRs® are 1/10th the size of options on the S&P 500®Index, traded under the symbol SPX. Thus, a position limit of 300,000 contracts in options on SPDRs® is equivalent to a 30,000 contract position limit in options on SPX.8 Traders who trade options on SPDRs® to hedge positions in SPX options (and the SPDRs® ETF based on SPX, SPDRs® Trust Series 1) have indicated on several occasions that the current position limit for options on SPDRs® is simply too restrictive,9 which may adversely affect their (and the Exchange’s) ability to provide liquidity in this product. And third, the products that are perhaps most comparable to options on SPDRs®, namely options on QQQSM, are subject to a 900,000 contract position limit on the same side of the market.10 This has, in light of the huge run-up in SPY option trading making them the number one nationally-ranked option in terms of volume, resulted in a skewed and unacceptable SPY option position limit. Specifically, the position limit for options on SPDRs® at 300,000 contracts 8 Chicago Board Options Exchange, which lists and trades SPX options, has established that there is no position limit on SPX options. See CBOE Rule 24.4 and Securities Exchange Act Release No. 44994 (October 26, 2001), 66 FR 55722 (November 2, 2001) (SR–CBOE–2001–22) (order approving permanent elimination of SPX options position limit). 9 See supra note 3. 10 See Securities Exchange Act Release No. 51295 (March 2, 2005), 70 FR 11292 (March 8, 2005) (SR– ISE–2005–14). E:\FR\FM\05JYN1.SGM 05JYN1

Agencies

[Federal Register Volume 76, Number 128 (Tuesday, July 5, 2011)]
[Notices]
[Pages 39141-39143]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16666]


=======================================================================
-----------------------------------------------------------------------

POSTAL REGULATORY COMMISSION

[Docket No. A2011-19; Order No. 754]


Post Office Closing

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document informs the public that an appeal of the closing 
of the Lafayette Postal Facility 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: Administrative record due (from Postal Service): July 7, 2011; 
deadline for notices to intervene: July 25, 2011. 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 
(https://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 DocketAdmins@prc.gov 
(electronic filing assistance).

SUPPLEMENTARY INFORMATION: Notice is hereby given that, pursuant to 39 
U.S.C. 404(d), the Commission received two petitions for review of the 
closing of the Lafayette Postal Facility in Freehold,

[[Page 39142]]

New Jersey.\1\ The first petition, which was filed by A. Richard Gatto 
on behalf of the Freehold Center Management Corporation, included an 
application for suspension of the determination. On June 24, 2011, a 
second petition for review was filed by Duane O. Davison on behalf of 
the Township of Freehold, New Jersey.
---------------------------------------------------------------------------

    \1\ Petition for Review, Application for Suspension of 
Determination of the Postal Service to Close Lafayette Postal 
Trailer Pending Appeal and Petition for Review, Request for Oral 
Arguments, filed by A. Richard Gatto, Freehold Center Management 
Corporation, June 22, 2011. The Petition includes five exhibits. See 
also Petition for Review of Closure Decision--Postal Service 
Facility at 13 Lafayette Street, Freehold, New Jersey 07728, filed 
by Duane O. Davison, on behalf of the Township of Freehold, New 
Jersey, June 24, 2011 (Petition).
---------------------------------------------------------------------------

    The Commission hereby institutes a proceeding under 39 U.S.C. 
404(d)(5) and designates the case as Docket No. A2011-19 to consider 
Petitioners' appeals. If Petitioners would like to further explain 
their positions with supplemental information or facts, Petitioners may 
either file a Participant Statement on PRC Form 61 or file an initial 
brief with the Commission no later than July 27, 2011.
    Categories of issues apparently raised. Petitioners raise two 
issues: (1) The failure of the Postal Service to follow the procedural 
requirements of 39 U.S.C. 404(d) and 39 CFR 241.3 for closing a post 
office; and (2) the failure of the Postal Service to consider the 
impact the closing would have 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 July 7, 2011. See 39 CFR 3001.113. In addition, the due 
date for any responsive pleading by the Postal Service to this notice 
is July 7, 2011.
    Application for Suspension of Determination. In addition to its 
Petition, Freehold Management Corporation filed an application for 
suspension of the Postal Service's determination (see 39 CFR 3001.114). 
Commission rules allow for the Postal Service to file an answer to such 
application within 10 days after the application is filed. The Postal 
Service shall file an answer to the application no later than July 5, 
2011.
    Availability; Web site posting. The Commission has posted the 
appeal and supporting material on its Web site at https://www.prc.gov. 
Additional filings in this case and participant's submissions will also 
be posted on the Commission's 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., Monday through Friday, except on Federal 
government holidays. Docket section personnel may be contacted via 
electronic mail at prc-dockets@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, https://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 or by contacting the Commission's docket section 
at prc-dockets@prc.gov or via telephone at 202-789-6846.
    The Commission reserves the right to redact personal information 
which may infringe on an individual's privacy rights from documents 
filed in this proceeding.
    Intervention. Those, other than the Petitioners and respondent, 
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 must be filed on or before July 25, 2011. A notice of intervention 
shall be filed using the Internet (Filing Online) at the Commission's 
Web site 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 Postal Service shall file an answer to the application for 
suspension of the Postal Service's determination no later than July 5, 
2011.
    2. The Postal Service shall file the administrative record 
regarding this appeal no later than July 7, 2011.
    3. Any responsive pleading by the Postal Service to this notice is 
due no later than July 7, 2011.
    4. The procedural schedule listed below is hereby adopted.
    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 in the Federal Register.

                           Procedural Schedule
------------------------------------------------------------------------
 
------------------------------------------------------------------------
June 22, 2011.....................  Filing of Appeal.
July 5, 2011......................  Deadline for the Postal Service to
                                     file answer responding to
                                     application for suspension.
July 7, 2011......................  Deadline for the Postal Service to
                                     file the administrative record in
                                     this appeal.
July 7, 2011......................  Deadline for the Postal Service to
                                     file any responsive pleading.
July 25, 2011.....................  Deadline for notices to intervene
                                     (see 39 CFR 3001.111(b)).
July 27, 2011.....................  Deadline for Petitioner's Form 61 or
                                     initial brief in support of
                                     petition (see 39 CFR 3001.115(a)
                                     and (b)).
August 16, 2011...................  Deadline for answering brief in
                                     support of the Postal Service (see
                                     39 CFR 3001.115(c)).
August 31, 2011...................  Deadline for reply briefs in
                                     response to answering briefs (see
                                     39 CFR 3001.115(d)).
September 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).
October 20, 2011..................  Expiration of the Commission's 120-
                                     day decisional schedule (see 39
                                     U.S.C. 404(d)(5)).
------------------------------------------------------------------------



[[Page 39143]]

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2011-16666 Filed 7-1-11; 8:45 am]
BILLING CODE 7710-FW-P