Post Office Closing, 60949-60950 [2011-25263]

Download as PDF Federal Register / Vol. 76, No. 190 / Friday, September 30, 2011 / Notices [FR Doc. 2011–25265 Filed 9–29–11; 8:45 am] BILLING CODE 7710–FW–P POSTAL REGULATORY COMMISSION [Docket No. A2011–83; Order No. 873] Post Office Closing Postal Regulatory Commission. Notice. AGENCY: ACTION: This document informs the public that an appeal of the closing of the Climax, New York post office 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): October 7, 2011; deadline for notices to intervene: October 21, 2011. See the Procedural Schedule in the SUPPLEMENTARY INFORMATION section for other dates of interest. SUMMARY: 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. 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), on September 22, 2011, the Commission received a petition for review of the Postal Service’s determination to close the Climax post office in Climax, New York. The petition was filed by Sue Keeler (Petitioner) and is postmarked September 8, 2011. The Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and establishes Docket mstockstill on DSK4VPTVN1PROD with NOTICES ADDRESSES: No. A2011–83 to consider Petitioner’s appeal. If Petitioner would like to further explain her position with supplemental information or facts, Petitioner may either file a Participant Statement on PRC Form 61 or file a brief with the Commission no later than October 27, 2011. Category of issues apparently raised. Petitioner contends that the Postal Service failed to consider the effect of the closing 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 the one 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 applicable administrative record with the Commission is October 7, 2011. See 39 CFR 3001.113. In addition, the due date for any responsive pleading by the Postal Service to this Notice is October 7, 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 participants’ submissions also will 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., eastern time, Monday through Friday, except on Federal government holidays. Docket section personnel may be contacted via electronic mail at prcdockets@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. Persons, other than Petitioner 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 are to be filed on or before October 21, 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 the 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 the applicable administrative record regarding this appeal no later than October 7, 2011. 2. Any responsive pleading by the Postal Service to this notice is due no later than October 7, 2011. 3. The procedural schedule listed below is hereby adopted. 4. Pursuant to 39 U.S.C. 505, James Waclawski 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. By the Commission. Shoshana M. Grove, Secretary. PROCEDURAL SCHEDULE September 22, 2011 ............ October 7, 2011 ................... October 7, 2011 ................... October 21, 2011 ................. October 27, 2011 ................. November 16, 2011 ............. VerDate Mar<15>2010 17:19 Sep 29, 2011 Filing of Appeal. Deadline for the Postal Service to file the applicable 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 Petitioners’ 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)). Jkt 223001 PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 60949 E:\FR\FM\30SEN1.SGM 30SEN1 60950 Federal Register / Vol. 76, No. 190 / Friday, September 30, 2011 / Notices PROCEDURAL SCHEDULE—Continued December 1, 2011 ............... December 8, 2011 ............... January 6, 2012 ................... 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)). Automated Customer Account Transfer Service. [FR Doc. 2011–25263 Filed 9–29–11; 8:45 am] BILLING CODE 7710–FW–P II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change SECURITIES AND EXCHANGE COMMISSION [Release No. 34–65401; File No. SR–NSCC– 2011–07] Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change To Amend Rules Relating to the Settlement Timing of Partial Transfers Which Include Mutual Fund Assets Through NSCC’s Automated Customer Account Transfer Service September 26, 2011. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder 2 notice is hereby given that on September 12, 2011, National Securities Clearing Corporation (‘‘NSCC’’) 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 primarily by NSCC.3 The Commission is publishing this notice and order to solicit comments on the proposed rule change from interested persons and to grant accelerated approval. I. Self-Regulatory Organization’s Statement of the Terms of the Substance of the Proposed Rule Change The purpose of this proposed rule change is to amend NSCC’s rules regarding an adjustment to the settlement timing of partial transfers of mutual fund assets 4 through NSCC’s 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 The text of the proposed rule change is attached as Exhibit 5 to NSCC’s filing, which is available at https://www.dtcc.com/downloads/legal/rule_filings/ 2011/nscc/2011-07.pdf. 4 For purposes of this rule filing, the term ‘‘mutual fund assets’’ means Fund/Serv Eligible Assets, as that term is defined under Rule 1 of NSCC’s Rules and Procedures. Pursuant to Rule 3, Section 1(c) of NSCC’s Rules, a Fund/Serv Eligible Fund must be assigned a CUSIP number, and may only be: (i) An investment company regulated under the Investment Company Act of 1940; (ii) a fund or other pooled investment entity that is subject to regulation under applicable federal and state banking and/or insurance law; or (iii) a fund mstockstill on DSK4VPTVN1PROD with NOTICES 2 17 VerDate Mar<15>2010 17:19 Sep 29, 2011 Jkt 223001 In its filing with the Commission, NSCC 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. NSCC has prepared summaries, set forth in sections (A), (B), and (C) below, of the most significant aspects of these statements.5 (A) Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change Since its inception in 1985, NSCC’s Automated Account Transfer System (‘‘ACATS’’) 6 has provided NSCC members with an efficient automated means for the prompt transfer of customer accounts between members. NSCC, in consultation with the industry,7 is proposing to adjust the processing schedule related to ACATS in order to reduce the risk associated with a partial transfer that includes mutual fund assets processed through NSCC’s Fund/SERV service 8 and or other pooled investment entity subject to regulation under other applicable law which meets criteria established by NSCC from time to time. 5 The Commission has modified the text of the summaries prepared by NSCC. 6 Through ACATS, an NSCC member to whom a customer’s securities account is to be transferred (‘‘Receiving Member’’) initiates the account transfer process by submitting a Transfer Initiation Request (‘‘TIF’’) to NSCC. When an NSCC member currently holding the customer account accepts a customer account transfer (‘‘Delivering Member’’) and all other preconditions to the processing of an ACATS transfer pursuant to NSCC’s Rules have been met, NSCC will enter CNS-eligible securities in that account into NSCC’s CNS Accounting Operation (‘‘CNS’’) prior to the settlement cycle on the day before settlement date. ‘‘Non-CNS ACATS’’ transactions will be settled either through or away from NSCC depending on the asset type. See Rule 50 (Automated Customer Account Transfer Service). 7 NSCC has engaged in extensive consultations with the Securities Industry and Financial Markets Association’s (‘‘SIFMA’’) Customer Account Division and Securities Operations Division regarding this proposed rule change. 8 NSCC processes and settles mutual fund transactions through Fund/SERV. NSCC members PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 ACATS. Specifically, the proposed rule change would revise NSCC rules so that the last day a ‘‘Fund Member’’ or ‘‘Mutual Fund Processor,’’ as applicable,9 would be permitted to respond to a mutual fund reregistration request submitted through Fund/SERV is aligned with the ACATS settlement date for the transfer. As more fully described below, the proposed rule change should reduce the likelihood that a transaction could be responded to by the applicable Fund Member or Mutual Fund Processor after settlement occurs, which might otherwise create risk and complicate the reversal of incentive charges in the event of the default of a party to the transaction. (1) Current Non-CNS ACATS Process For non-CNS eligible securities transferred through ACATS (on brokerto-broker transfers only), on ACATS settlement date NSCC automatically debits the Delivering Member with the market value of the assets being transferred through ACATS and credits the Receiving Member with the same amount.10 The actual transfer of the assets occurs for value, so that the original debits and credits associated with the transfer are offset. This process provides incentive to the Delivering Member to complete delivery in a timely manner and also allows the Receiving Member to record the customer position on its records regardless of whether the security is actually delivered on settlement date. For non-CNS eligible securities transferred through ACATS, NSCC does can utilize the automated, standardized formats and centralized platform of Fund/SERV to complete order entry (purchases, exchanges and redemptions) as well as confirmations, registrations and money settlement. NSCC’s Rule 52 (Mutual Fund Services). 9 A ‘‘Fund Member’’ is an NSCC limited membership type defined in NSCC Rule 2 that participates in NSCC’s mutual fund services acting as: (A) A mutual fund’s: (1) Principal underwriter, (2) co-distributor, (3) sub-distributor; or (B) an entity that is otherwise authorized to process transactions on behalf of a mutual fund. A ‘‘Mutual Fund Processor’’ is a member authorized to act on behalf of a mutual fund in accordance with NSCC Rule 52. 10 CNS-eligible securities or non-CNS eligible securities refers to securities that are eligible or not eligible, respectively, for processing through NSCC’s Continuous Net Settlement system (‘‘CNS’’). CNS system is an automated book-entry accounting system for securities transactions that allows each security in CNS to be netted to one position per participant, with NSCC as its central counterparty. See Rule 11 of NSCC Rules and Procedures. E:\FR\FM\30SEN1.SGM 30SEN1

Agencies

[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Notices]
[Pages 60949-60950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25263]


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POSTAL REGULATORY COMMISSION

[Docket No. A2011-83; Order No. 873]


Post Office Closing

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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

SUMMARY: This document informs the public that an appeal of the closing 
of the Climax, New York post office 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): October 7, 
2011; deadline for notices to intervene: October 21, 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), on September 22, 2011, the Commission received a 
petition for review of the Postal Service's determination to close the 
Climax post office in Climax, New York. The petition was filed by Sue 
Keeler (Petitioner) and is postmarked September 8, 2011. The Commission 
hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and 
establishes Docket No. A2011-83 to consider Petitioner's appeal. If 
Petitioner would like to further explain her position with supplemental 
information or facts, Petitioner may either file a Participant 
Statement on PRC Form 61 or file a brief with the Commission no later 
than October 27, 2011.
    Category of issues apparently raised. Petitioner contends that the 
Postal Service failed to consider the effect of the closing 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 the one 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 applicable administrative record with 
the Commission is October 7, 2011. See 39 CFR 3001.113. In addition, 
the due date for any responsive pleading by the Postal Service to this 
Notice is October 7, 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 participants' submissions also will 
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., eastern time, 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. Persons, other than Petitioner 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 are to be filed on or before October 21, 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 the 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 the applicable administrative 
record regarding this appeal no later than October 7, 2011.
    2. Any responsive pleading by the Postal Service to this notice is 
due no later than October 7, 2011.
    3. The procedural schedule listed below is hereby adopted.
    4. Pursuant to 39 U.S.C. 505, James Waclawski 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.

By the Commission.
Shoshana M. Grove,
Secretary.

                                               Procedural Schedule
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
September 22, 2011...........................  Filing of Appeal.
October 7, 2011..............................  Deadline for the Postal Service to file the applicable
                                                administrative record in this appeal.
October 7, 2011..............................  Deadline for the Postal Service to file any responsive pleading.
October 21, 2011.............................  Deadline for notices to intervene (see 39 CFR 3001.111(b)).
October 27, 2011.............................  Deadline for Petitioners' Form 61 or initial brief in support of
                                                petition (see 39 CFR 3001.115(a) and (b)).
November 16, 2011............................  Deadline for answering brief in support of the Postal Service
                                                (see 39 CFR 3001.115(c)).

[[Page 60950]]

 
December 1, 2011.............................  Deadline for reply briefs in response to answering briefs (see 39
                                                CFR 3001.115(d)).
December 8, 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).
January 6, 2012..............................  Expiration of the Commission's 120-day decisional schedule (see
                                                39 U.S.C. 404(d)(5)).
----------------------------------------------------------------------------------------------------------------


[FR Doc. 2011-25263 Filed 9-29-11; 8:45 am]
BILLING CODE 7710-FW-P
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