Post Office Closing, 72453-72454 [2011-30257]
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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
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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]
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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:
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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]
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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:
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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
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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)).
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[FR Doc. 2011-30257 Filed 11-22-11; 8:45 am]
BILLING CODE 7710-FW-P