Post Office Closing, 39141-39143 [2011-16666]
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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
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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
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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:
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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
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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).
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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
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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
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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).
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]]>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)).
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[[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
