Post Office Closing, 72453-72454 [2011-30257]

Download as PDF sroberts on DSK5SPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Notices in the form of letters, flats, small packets, bags, and International Registered Mail service for Letter Post. It also includes an ancillary service for delivery confirmation scanning with Letter Post small packets. Notice at 4; Attachment 2 at 10. The Postal Service states that the proposed inbound market dominant rates are intended to become effective on January 1, 2012, and to remain in effect for 1 year. Id. at 3; Attachment 2 at 6. The HongKong Post 2012 Agreement provides that it becomes effective after all regulatory approvals have been received, notification to HongKong Post, and mutual agreement on an effective date. Id., Attachment 2 at 1. The Agreement however, may be terminated by either party on no less than 30 days’ written notice. Id., Attachment 2 at 2. Requirements under part 3010. The Postal Service states that the projected financial performance of the HongKong Post 2012 Agreement is provided in the Excel file included with its filing. It contends that improvements should enhance mail efficiency and other functions for Letter Post items under the Agreement. Id. at 4–5. The Postal Service asserts that the Agreement should not cause unreasonable harm in the marketplace since it is unaware of any significant competition in this market. Id. at 5–6. Under 39 CFR 3010.43, the Postal Service is required to submit a data collection plan. The Postal Service indicates that it intends to report information on this Agreement through its Annual Compliance Report. While indicating its willingness to provide information on mailflows within the annual compliance review process, the Postal Service proposes that no special data collection plan be established for this Agreement. With respect to performance measurement, it requests that the Commission exempt the HongKong Post 2012 Agreement from separate reporting requirements under 39 CFR 3055.3(a)(3) as determined in Order Nos. 549, 700, and 871 for the Agreements in Docket Nos. R2010–5 and R2010–6, R2011–4, and R2011–7, respectively. Id. at 7. The Postal Service advances reasons why the instant Agreement is functionally equivalent to the previously filed CPG Agreement, TNT Agreement, HongKong Post Agreement and China Post 2011 Agreement. It contends that it contains the same attributes and methodology and fits within the Mail Classification Schedule language for the Inbound Multi-Service Agreements with the Foreign Postal Operators 1 product. Id. at 8–10. Additionally, it states that the VerDate Mar<15>2010 17:03 Nov 22, 2011 Jkt 226001 HongKong Post 2012 Agreement includes similar terms and conditions, e.g., is with a foreign postal operator, conforms to a common description, and relates to rates for Letter Post tendered from the postal operator’s territory. Id. at 9. The Postal Service identifies specific terms that distinguish the instant Agreement from the three existing agreements. These distinctions include clarifying legal requirements, revised rates, term, signatory, and other changes. Id. at 10–11. The Postal Service contends that the instant Agreement is nonetheless functionally equivalent to existing agreements. Id. at 11. In its Notice, the Postal Service maintains that certain portions of the Agreement, prices, and related financial information should remain under seal. Id. at 11–12; id. Attachment 1. The Postal Service concludes that the HongKong Post 2012 Agreement should be added as a functionally equivalent agreement under the Inbound Market Dominant Multi-Service Agreements with Foreign Postal Operators 1 product. Id. at 12. II. Notice of Filing Interested persons may submit comments on whether the Postal Service’s filing in the captioned docket is consistent with the policies of 39 U.S.C. 3622 and 39 CFR part 3010.40. Comments are due no later than November 30, 2011. The public portions of these filings can be accessed via the Commission’s Web site (https:// www.prc.gov). The Commission appoints James F. Callow to serve as Public Representative in this docket. III. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. R2012–4 to consider matters raised by the Postal Service’s Notice. 2. Pursuant to 39 U.S.C. 505, James F. Callow is appointed to serve as officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding. 3. Comments by interested persons in this proceeding are due no later than November 30, 2011. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Ruth Ann Abrams, Acting Secretary. [FR Doc. 2011–30279 Filed 11–22–11; 8:45 am] BILLING CODE 7710–FW–P PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 72453 POSTAL REGULATORY COMMISSION [Docket No. A2012–49; Order No. 978] Post Office Closing Postal Regulatory Commission. Notice. AGENCY: ACTION: This document informs the public that an appeal of the closing of the Waverly, Washington 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 18, 2011: Administrative record due (from Postal Service); December 12, 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/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 November 3, 2011, the Commission received a petition for review of the Postal Service’s determination to close the Waverly post office in Waverly, Washington. The petition for review was filed by Evelyn Heinevetter (Petitioner) and is postmarked October 26, 2011. The Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and establishes Docket No. A2012–49 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 December 8, 2011. Categories of issues apparently raised. Petitioner contends that (1) the Postal Service failed to consider the effect of SUMMARY: E:\FR\FM\23NON1.SGM 23NON1 72454 Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Notices the closing on the community (see 39 U.S.C. 404(d)(2)(A)(i)); (2) the Postal Service failed to consider whether or not it will continue to provide a maximum degree of effective and regular postal services to the community (see 39 U.S.C. 404(d)(2)(A)(iii)); (3) the Postal Service failed to adequately consider the economic savings resulting from the closure (see 39 U.S.C. 404(d)(2)(A)(iv)); and (4) 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 18, 2011. See 39 CFR 3001.113. In addition, the due date for any responsive pleading by the Postal Service is November 18, 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 also will be posted on the Web site, if provided in electronic format or amenable to conversion, and not subject to a valid protective order. Information on how to use the Commission’s Web site is available online or by contacting the Commission’s webmaster via telephone at (202) 789–6873 or 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, https://www.prc.gov, or by contacting the Commission’s docket section at prcdockets@prc.gov or via telephone at (202) 789–6846. 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 the Petitioners and respondents, 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 December 12, 2011. A notice of intervention shall be filed using the Internet (Filing Online) at the Commission’s Web site, https:// www.prc.gov, 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 the applicable administrative record regarding this appeal no later than November 18, 2011. 2. Any responsive pleading by the Postal Service to this notice is due no later than November 18, 2011. 3. The procedural schedule listed below is hereby adopted. 4. Pursuant to 39 U.S.C. 505, Brent W. Peckham is designated officer of the Commission (Public Representative) to represent the interests of the general public. 5. The Secretary shall arrange for publication of this notice and order and Procedural Schedule in the Federal Register. By the Commission. Ruth Ann Abrams, Acting Secretary. PROCEDURAL SCHEDULE November November November December December 3, 2011 ................................... 18, 2011 ................................. 18, 2011 ................................. 12, 2011 ................................. 8, 2011 ................................... December 28, 2011 ................................. January 12, 2012 ..................................... January 19, 2012 ..................................... February 23, 2012 ................................... 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)). 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)). BILLING CODE 7710–FW–P sroberts on DSK5SPTVN1PROD with NOTICES POSTAL REGULATORY COMMISSION [Docket No. A2012–48; Order No. 971] Post Office Closing 17:03 Nov 22, 2011 November 17, 2011: Administrative record due (from Postal Service); DATES: Postal Regulatory Commission. ACTION: Notice. AGENCY: VerDate Mar<15>2010 This document informs the public that an appeal of the closing of the Elmo, Missouri 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. SUMMARY: [FR Doc. 2011–30257 Filed 11–22–11; 8:45 am] Jkt 226001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 December 12, 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. 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- ADDRESSES: E:\FR\FM\23NON1.SGM 23NON1

Agencies

[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Notices]
[Pages 72453-72454]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30257]


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

POSTAL REGULATORY COMMISSION

[Docket No. A2012-49; Order No. 978]


Post Office Closing

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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

SUMMARY: This document informs the public that an appeal of the closing 
of the Waverly, Washington 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 18, 2011: Administrative record due (from Postal Service);
    December 12, 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 November 3, 2011, the Commission received a petition 
for review of the Postal Service's determination to close the Waverly 
post office in Waverly, Washington. The petition for review was filed 
by Evelyn Heinevetter (Petitioner) and is postmarked October 26, 2011. 
The Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) 
and establishes Docket No. A2012-49 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 December 8, 2011.
    Categories of issues apparently raised. Petitioner contends that 
(1) the Postal Service failed to consider the effect of

[[Page 72454]]

the closing on the community (see 39 U.S.C. 404(d)(2)(A)(i)); (2) the 
Postal Service failed to consider whether or not it will continue to 
provide a maximum degree of effective and regular postal services to 
the community (see 39 U.S.C. 404(d)(2)(A)(iii)); (3) the Postal Service 
failed to adequately consider the economic savings resulting from the 
closure (see 39 U.S.C. 404(d)(2)(A)(iv)); and (4) 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 18, 2011. See 39 CFR 3001.113. In addition, 
the due date for any responsive pleading by the Postal Service is 
November 18, 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 also will 
be posted on the Web site, if provided in electronic format or amenable 
to conversion, and not subject to a valid protective order. Information 
on how to use the Commission's Web site is available online or by 
contacting the Commission's webmaster via telephone at (202) 789-6873 
or 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, https://www.prc.gov, or by contacting the 
Commission's docket section at prc-dockets@prc.gov or via telephone at 
(202) 789-6846.
    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 the Petitioners and respondents, 
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 December 12, 2011. A notice of 
intervention shall be filed using the Internet (Filing Online) at the 
Commission's Web site, https://www.prc.gov, 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 the applicable administrative 
record regarding this appeal no later than November 18, 2011.
    2. Any responsive pleading by the Postal Service to this notice is 
due no later than November 18, 2011.
    3. The procedural schedule listed below is hereby adopted.
    4. Pursuant to 39 U.S.C. 505, Brent W. Peckham is designated 
officer of the Commission (Public Representative) to represent the 
interests of the general public.
    5. The Secretary shall arrange for publication of this notice and 
order and Procedural Schedule in the Federal Register.

    By the Commission.
Ruth Ann Abrams,
Acting Secretary.

                           Procedural Schedule
------------------------------------------------------------------------
 
------------------------------------------------------------------------
November 3, 2011.............  Filing of Appeal.
November 18, 2011............  Deadline for the Postal Service to file
                                the applicable administrative record in
                                this appeal.
November 18, 2011............  Deadline for the Postal Service to file
                                any responsive pleading.
December 12, 2011............  Deadline for notices to intervene (see 39
                                CFR 3001.111(b)).
December 8, 2011.............  Deadline for Petitioners' Form 61 or
                                initial brief in support of petition
                                (see 39 CFR 3001.115(a) and (b)).
December 28, 2011............  Deadline for answering brief in support
                                of the Postal Service (see 39 CFR
                                3001.115(c)).
January 12, 2012.............  Deadline for reply briefs in response to
                                answering briefs (see 39 CFR
                                3001.115(d)).
January 19, 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 23, 2012............  Expiration of the Commission's 120-day
                                decisional schedule (see 39 U.S.C.
                                404(d)(5)).
------------------------------------------------------------------------

[FR Doc. 2011-30257 Filed 11-22-11; 8:45 am]
BILLING CODE 7710-FW-P