Post Office Closing, 67498-67499 [2011-28122]

Agencies

• POSTAL REGULATORY COMMISSION

[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Notices]
[Pages 67498-67499]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28122]


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POSTAL REGULATORY COMMISSION

[Docket No. A2012-17; Order No. 918]


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 Venice, California 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: November 1, 2011: Administrative record due (from Postal 
Service); November 14, 2011, 4:30 p.m., Eastern Time: Deadline for 
notices to intervene.
    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 October 17, 2011, the Commission received a petition 
for review and application for suspension of the Postal Service's 
determination to close the Venice post office in Venice, California. 
The petition for review was filed online on October 17, 2011 by Venice 
Stakeholders Association and Mark Ryavec (Petitioners). The Commission 
hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and 
establishes Docket No. A2012-17 to consider Petitioners' appeal. If 
Petitioners would like to further explain his position with 
supplemental information or facts, Petitioners may either file a 
Participant Statement on PRC Form 61 or file a brief with the 
Commission no later than November 21, 2011.
    Issues apparently raised. Petitioners contend that: (1) The Postal 
Service failed to consider the effect of the closing on the community 
(see 39 U.S.C. 404(d)(2)(A)(i)); (2) failure of the Postal Service to 
follow procedures required by law regarding closures (see 39 U.S.C. 
404(d)(5)(B)); and (3) that there are factual errors contained in the 
Final Determination.
    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 applicable administrative record with 
the Commission is November 1, 2011. See 39 CFR 3001.113. In addition, 
the due date for any responsive pleading by the Postal Service to this 
notice is November 1, 2011.
    Application for Suspension of Determination. In addition to his 
Petition, Mark Ryavec requests 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 October 27, 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 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 are to be filed on or before November 14, 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 an answer to the application for 
suspension of the Postal Service's determination no later than October 
27, 2011.
    2. The Postal Service shall file the applicable administrative 
record regarding this appeal no later than November 1, 2011.
    3. Any responsive pleading by the Postal Service to this notice is 
due no later than November 1, 2011.
    4. The procedural schedule listed below is hereby adopted.
    5. Pursuant to 39 U.S.C. 505, James F. Callow is designated officer 
of the Commission (Public Representative) to represent the interests of 
the general public.
    6. The Secretary shall arrange for publication of this notice and 
order in the Federal Register.

    By the Commission.

    Chairman Goldway not participating.
Shoshana M. Grove,
Secretary.

[[Page 67499]]



                           Procedural Schedule
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October 17, 2011..........................  Filing of Appeal.
October 27, 2011..........................  Deadline for the Postal
                                             Service to file answer
                                             responding to application
                                             for suspension.
November 1, 2011..........................  Deadline for the Postal
                                             Service to file the
                                             applicable administrative
                                             record in this appeal.
November 1, 2011..........................  Deadline for the Postal
                                             Service to file any
                                             responsive pleading.
November 14, 2011.........................  Deadline for notices to
                                             intervene (see 39 CFR
                                             3001.111(b)).
November 21, 2011.........................  Deadline for Petitioners'
                                             Form 61 or initial brief in
                                             support of petition (see 39
                                             CFR 3001.115(a) and (b)).
December 12, 2011.........................  Deadline for answering brief
                                             in support of the Postal
                                             Service (see 39 CFR
                                             3001.115(c)).
December 27, 2011.........................  Deadline for reply briefs in
                                             response to answering
                                             briefs (see 39 CFR
                                             3001.115(d)).
January 3, 2012...........................  Deadline for motions by any
                                             party requesting oral
                                             argument; the Commission
                                             will schedule oral argument
                                             only when it is a necessary
                                             addition to the written
                                             filings (see 39 CFR
                                             3001.116).
February 14, 2012.........................  Expiration of the
                                             Commission's 120-day
                                             decisional schedule (see 39
                                             U.S.C. 404(d)(5)).
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[FR Doc. 2011-28122 Filed 10-31-11; 8:45 am]
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