Post Office Closing, 78954-78955 [2011-32416]

Download as PDF 78954 Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Notices Commission (Public Representative) to represent the interests of the general public. 3. The Secretary shall arrange for publication of this notice and order and due 7 days after any such motion is filed. See 39 CFR 3001.21. It is ordered: 1. The procedural schedule listed below is hereby adopted. 2. Pursuant to 39 U.S.C. 505, Robert N. Sidman is designated officer of the Procedural Schedule in the Federal Register By the Commission. Shoshana M. Grove, Secretary. PROCEDURAL SCHEDULE November 29, 2011 .................................. December 14, 2011 .................................. December 14, 2011 .................................. January 9, 2012 ........................................ January 3, 2012 ........................................ January 23, 2012 ...................................... February 7, 2012 ...................................... February 14, 2012 .................................... March 16, 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)). [FR Doc. 2011–32415 Filed 12–19–11; 8:45 am] BILLING CODE 7710–FW–P POSTAL REGULATORY COMMISSION [Docket No. A2012–85; Order No. 1041] Post Office Closing Postal Regulatory Commission. Notice. AGENCY: ACTION: This document informs the public that an appeal of the closing of the Milan, Kansas 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: Deadline for notices to intervene: January 9, 2012, 4:30 p.m., Eastern Time. 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. jlentini on DSK4TPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:28 Dec 19, 2011 Jkt 226001 404(d), on November 29, 2011, the Commission received a petition for review of the Postal Service’s determination to close the Milan post office in Milan, Kansas. The petition for review was filed by Michele Norris (Petitioner) and is postmarked November 18, 2011. The Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and establishes Docket No. A2012–85 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 January 3, 2012. Categories of issues apparently raised. The Petitioner contends that 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)). 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 is within 15 days after the date in which the petition for review was filed with the Commission. See 39 CFR 3001.113. In addition, the due date for any responsive pleading by the Postal Service is also within 15 days after the date in which the petition for review was filed with the Commission. Availability; Web site posting. The Commission has posted the appeal and supporting material on its Web site at https://www.prc.gov. Additional filings PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 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 January 9, 2012. A notice of intervention E:\FR\FM\20DEN1.SGM 20DEN1 Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Notices 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 procedural schedule listed below is hereby adopted. 78955 2. Pursuant to 39 U.S.C. 505, Patricia A. Gallagher is designated officer of the Commission (Public Representative) to represent the interests of the general public. 3. The Secretary shall arrange for publication of this notice and order and Procedural Schedule in the Federal Register. By the Commission. Shoshana M. Grove, Secretary. PROCEDURAL SCHEDULE November 29, 2011 .................................. December 14, 2011 .................................. December 14, 2011 .................................. January 9, 2012 ........................................ January 3, 2012 ........................................ January 23, 2012 ...................................... February 7, 2012 ...................................... February 14, 2012 .................................... March 16, 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)). [FR Doc. 2011–32416 Filed 12–19–11; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 7710–FW–P Stephen L. Sharfman, General Counsel, at (202) 789–6820 (case-related information) or DocketAdmins@prc.gov (electronic filing assistance). SUPPLEMENTARY INFORMATION: Regulatory History, 72 FR 73909 (December 28, 2007); 74 FR 2636 (January 15, 2009). POSTAL REGULATORY COMMISSION [Docket No. MC2008–1 (Phase IIR); Order No. 1043] Review of Nonpostal Services Postal Regulatory Commission. ACTION: Notice. AGENCY: The Commission is establishing a docket to consider procedures on remand in a case involving licensing of Postal Service intellectual property for use on Mailing and Shipping products for sale by licensees at non-postal retail outlets. This notice provides background information and invites comments. It also addresses intervention by persons who did not participate earlier. DATES: Comments are due: January 13, 2012. Reply comments are due: January 23, 2012. 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. Persons 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. jlentini on DSK4TPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:28 Dec 19, 2011 Jkt 226001 Table of Contents I. Introduction II. Consideration of Issues on Remand III. Procedures on Remand IV. Ordering Paragraphs I. Introduction On June 7, 2011, the United States Court of Appeals for the District of Columbia Circuit issued an opinion in LePage’s 2000, Inc. and LePage’s Products, Inc. v. Postal Regulatory Commission, No. 10–1031.1 The court granted petitions for review and vacated the Commission’s Order No. 392 in Phase II of Docket No. MC2008–1.2 The court, which issued its remand July 26, 2011, found that the Commission had not adequately justified its findings regarding the licensing of Postal Service intellectual property for use on Mailing and Shipping products for sale by licensees at non-postal retail outlets.3 It 1 LePage’s 2000, Inc. v Postal Regulatory Commission, 642 F.3d 225 (DC Cir. 2011) (LePage’s v. PRC). Consolidated with Nos. 10–1033, 10–1279, and 10–1294. 2 Phase II Review of Nonpostal Services Under the Postal Accountability and Enhancement Act, January 14, 2010, Order No. 392. 3 The court referred to the licensing of third-party mailing and shipping supplies, which includes PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 instructed the Commission to explain its departure from its findings in Phase I of this proceeding in three respects: (1) The classification of the licensing of intellectual property for use on Mailing and Shipping products as nonpostal; (2) the public need for licensing the Postal Service’s intellectual property for use on Mailing and Shipping products; and (3) the private sector’s ability to meet that need. In this order, the Commission establishes procedures to address the issues on remand. II. Consideration of Issues on Remand A. Classification of Licensing of Mailing and Shipping Products as a Nonpostal Service In its brief to the court, LePage’s argued that the Commission’s failure to consider whether the licensed products it produced for sale at non-Postal Service retail outlets were a ‘‘postal service’’ was arbitrary and capricious.4 The Commission responded that LePage’s comparison of its products to postal products, such as ReadyPost, was misplaced because it wrongly focused on the sale of its products rather than the service offered by the Postal Service, i.e., licensing. See LePage’s v. PRC, supra, 642 F.3d 231. The court found that ‘‘[t]he Commission may well be correct that LePage’s licensing agreement, as the Bubblewrap program. LePage’s v. PRC at 226. This order uses the term ‘‘Mailing and Shipping products’’. 4 Brief for Petitioners LePage’s 2000, Inc. and LePage’s Products, Inc., Nos. 10–1031, 10–1033, 10– 1279, 10–1294 (consolidated), January 29, 2011, at 28. E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Notices]
[Pages 78954-78955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32416]


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POSTAL REGULATORY COMMISSION

[Docket No. A2012-85; Order No. 1041]


Post Office Closing

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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

SUMMARY: This document informs the public that an appeal of the closing 
of the Milan, Kansas 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: Deadline for notices to intervene: January 9, 2012, 4:30 p.m., 
Eastern Time. 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 29, 2011, the Commission received a petition 
for review of the Postal Service's determination to close the Milan 
post office in Milan, Kansas. The petition for review was filed by 
Michele Norris (Petitioner) and is postmarked November 18, 2011. The 
Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and 
establishes Docket No. A2012-85 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 January 3, 2012.
    Categories of issues apparently raised. The Petitioner contends 
that 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)).
    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 is 
within 15 days after the date in which the petition for review was 
filed with the Commission. See 39 CFR 3001.113. In addition, the due 
date for any responsive pleading by the Postal Service is also within 
15 days after the date in which the petition for review was filed with 
the Commission.
    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 January 9, 2012. A notice of 
intervention

[[Page 78955]]

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 procedural schedule listed below is hereby adopted.
    2. Pursuant to 39 U.S.C. 505, Patricia A. Gallagher is designated 
officer of the Commission (Public Representative) to represent the 
interests of the general public.
    3. The Secretary shall arrange for publication of this notice and 
order and Procedural Schedule in the Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.

                           Procedural Schedule
------------------------------------------------------------------------
 
------------------------------------------------------------------------
November 29, 2011.................................  Filing of Appeal.
December 14, 2011.................................  Deadline for the
                                                     Postal Service to
                                                     file the applicable
                                                     administrative
                                                     record in this
                                                     appeal.
December 14, 2011.................................  Deadline for the
                                                     Postal Service to
                                                     file any responsive
                                                     pleading.
January 9, 2012...................................  Deadline for notices
                                                     to intervene (see
                                                     39 CFR
                                                     3001.111(b)).
January 3, 2012...................................  Deadline for
                                                     Petitioners' Form
                                                     61 or initial brief
                                                     in support of
                                                     petition (see 39
                                                     CFR 3001.115(a) and
                                                     (b)).
January 23, 2012..................................  Deadline for
                                                     answering brief in
                                                     support of the
                                                     Postal Service (see
                                                     39 CFR
                                                     3001.115(c)).
February 7, 2012..................................  Deadline for reply
                                                     briefs in response
                                                     to answering briefs
                                                     (see 39 CFR
                                                     3001.115(d)).
February 14, 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).
March 16, 2012....................................  Expiration of the
                                                     Commission's 120-
                                                     day decisional
                                                     schedule (see 39
                                                     U.S.C. 404(d)(5)).
------------------------------------------------------------------------

[FR Doc. 2011-32416 Filed 12-19-11; 8:45 am]
BILLING CODE 7710-FW-P