Post Office Closing, 1090-1091 [2012-77]

Download as PDF 1090 Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Notices Global Direct, Global Bulk Economy, and Global Plus Contracts; and • Attachment 4—an application for non-public treatment of materials to maintain redacted portions of the contract and supporting documents under seal. The Postal Service states that the instant Agreement fits within the Mail Classification Schedule language for Global Direct Contracts included in Governors’ Decision No. 08–10, with the modification proposed by the Commission to reflect the actual payment practice under these types of agreements. Id. at 2 (citing Order No. 153 at 9). The Notice advances reasons why the instant Agreement is functionally equivalent to the previous Global Direct Contracts 1 agreement in Docket Nos. MC2010–17 and CP2010–18. Id. at 3. Aside from cosmetic or customerspecific updates, the Postal Service contends that the only differences are that the instant Agreement (1) concerns Global Direct service used with Admail to Canada; (2) contains more detailed procedures relating to penalties for mail that does not comply with applicable regulations; (3) addresses actual and potential changes in pricing; and (4) revises minimum commitments and annexes. Id. at 3–4. Despite these differences, the Postal Service contends that the instant contract is functionally equivalent to the Global Direct Contracts 1 agreement filed previously because the core terms and conditions remain the same. Id. at 4. The Postal Service asserts that ‘‘the cost and market characteristics of this agreement are substantially similar to those of prior Global Direct contracts’’ and that the Agreement complies with the requirements of 39 U.S.C. 3633. Id. It requests that the Commission include this Agreement within the Global Direct Contracts 1 product. Id. tkelley on DSK3SPTVN1PROD with NOTICES II. Notice of Filing The Commission establishes Docket No. CP2012–9 to consider matters related to the contract identified in the Notice. Interested persons may submit comments on whether the Postal Service’s contract is consistent with the policies of 39 U.S.C. 3632 or 3633 and 39 CFR part 3015. Comments are due no later than January 10, 2012. The public portions of these filings can be accessed via the Commission’s Web site (https:// www.prc.gov). The Commission appoints Natalie Rea Ward to serve as Public Representative in the captioned filings. VerDate Mar<15>2010 16:26 Jan 06, 2012 Jkt 226001 III. Ordering Paragraphs It is Ordered 1. The Commission establishes Docket No. CP2012–9 to consider matters raised by the Postal Service’s Notice. 2. Comments by interested persons in these proceedings are due no later than January 10, 2012. 3. Pursuant to 39 U.S.C. 505, Natalie Rea Ward is appointed to serve as the officer of the Commission (Public Representative) to represent the interests of the general public in these proceedings. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Shoshana M. Grove, Secretary. [FR Doc. 2012–145 Filed 1–6–12; 8:45 am] BILLING CODE 7710–FW–P POSTAL REGULATORY COMMISSION [Docket No. A2012–93; Order No. 1081] Post Office Closing Postal Regulatory Commission. Notice. AGENCY: ACTION: This document informs the public that an appeal of the closing of the Odin, Minnesota 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: January 24, 2012, 4:30 p.m., Eastern Time: Deadline for answering brief in support of the Postal Service. 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). SUMMARY: PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 Notice is hereby given that, pursuant to 39 U.S.C. 404(d), the Commission received two petitions for review of the Postal Service’s determination to close the Odin post office in Odin, Minnesota. The first petition for review received November 30, 2011, was filed by Paul S. Berg. The second petition for review received November 30, 2011, was filed by Robert D. Harder. The earliest postmark date is November 19, 2011. The Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and establishes Docket No. A2012–93 to consider Petitioners’ appeal. If Petitioners would like to further explain their 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 January 5, 2012. Notwithstanding the Postal Service’s determination to close this post office, on December 15, 2011, the Postal Service advised the Commission that it ‘‘will delay the closing or consolidation of any Post Office until May 15, 2012’’.1 The Postal Service further indicated that it ‘‘will proceed with the discontinuance process for any Post Office in which a Final Determination was already posted as of December 12, 2011, including all pending appeals.’’ Id. It stated that the only ‘‘Post Offices’’ subject to closing prior to May 16, 2012, are those that were not in operation on, and for which a Final Determination was posted as of, December 12, 2011. It affirmed that it ‘‘will not close or consolidate any other Post Office prior to May 16, 2012.’’ Id. Lastly, the Postal Service requested the Commission ‘‘to continue adjudicating appeals as provided in the 120-day decisional schedule for each proceeding.’’ Id. The Postal Service’s Notice outlines the parameters of its newly announced discontinuance policy. Pursuant to the Postal Service’s request, the Commission will fulfill its appellate responsibilities under 39 U.S.C. 404(d)(5). Categories of issues apparently raised. Petitioners contend that (1) 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)); and (2) the Postal Service failed to provide substantial evidence in support of the determination (see 39 U.S.C. 404(d)(5)(c)). SUPPLEMENTARY INFORMATION: 1 United States Postal Service Notice of Status of the Moratorium on Post Office Discontinuance Actions, December 15, 2011, (Notice). E:\FR\FM\09JAN1.SGM 09JAN1 Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Notices 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 on 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 on 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 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 23, 2012. A notice of intervention shall be filed using the Internet (Filing Online) at the Commission’s Web site, https:// 1091 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, Pamela A. Thompson 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 30, 2011 .................................. December 15, 2011 .................................. December 15, 2011 .................................. January 23, 2012 ...................................... January 4, 2012 ........................................ January 24, 2012 ...................................... February 8, 2012 ...................................... February 15, 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. 2012–77 Filed 1–6–12; 8:45 am] BILLING CODE 7710–FW–P POSTAL REGULATORY COMMISSION [Docket No. A2012–94; Order No. 1082] Post Office Closing Postal Regulatory Commission. Notice. tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: ACTION: This document informs the public that an appeal of the closing of the Alvord, Iowa post office has been filed. It identifies preliminary steps and provides a procedural schedule. Publication of this document will allow SUMMARY: VerDate Mar<15>2010 16:26 Jan 06, 2012 Jkt 226001 the Postal Service, petitioners, and others to take appropriate action. DATES: January 25, 2012, 4:30 p.m., Eastern Time: Deadline for answering brief in support of the Postal Service. 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 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 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), the Commission received five petitions for review of the Postal Service’s determination to close the Alvord post office in Alvord, Iowa. The first petition for review received E:\FR\FM\09JAN1.SGM 09JAN1

Agencies

[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Notices]
[Pages 1090-1091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-77]


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

POSTAL REGULATORY COMMISSION

[Docket No. A2012-93; Order No. 1081]


Post Office Closing

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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

SUMMARY: This document informs the public that an appeal of the closing 
of the Odin, Minnesota 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: January 24, 2012, 4:30 p.m., Eastern Time: Deadline for 
answering brief in support of the Postal Service. 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), the Commission received two petitions for review of the 
Postal Service's determination to close the Odin post office in Odin, 
Minnesota. The first petition for review received November 30, 2011, 
was filed by Paul S. Berg. The second petition for review received 
November 30, 2011, was filed by Robert D. Harder. The earliest postmark 
date is November 19, 2011. The Commission hereby institutes a 
proceeding under 39 U.S.C. 404(d)(5) and establishes Docket No. A2012-
93 to consider Petitioners' appeal. If Petitioners would like to 
further explain their 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 January 5, 2012.
    Notwithstanding the Postal Service's determination to close this 
post office, on December 15, 2011, the Postal Service advised the 
Commission that it ``will delay the closing or consolidation of any 
Post Office until May 15, 2012''.\1\ The Postal Service further 
indicated that it ``will proceed with the discontinuance process for 
any Post Office in which a Final Determination was already posted as of 
December 12, 2011, including all pending appeals.'' Id. It stated that 
the only ``Post Offices'' subject to closing prior to May 16, 2012, are 
those that were not in operation on, and for which a Final 
Determination was posted as of, December 12, 2011. It affirmed that it 
``will not close or consolidate any other Post Office prior to May 16, 
2012.'' Id. Lastly, the Postal Service requested the Commission ``to 
continue adjudicating appeals as provided in the 120-day decisional 
schedule for each proceeding.'' Id.
---------------------------------------------------------------------------

    \1\ United States Postal Service Notice of Status of the 
Moratorium on Post Office Discontinuance Actions, December 15, 2011, 
(Notice).
---------------------------------------------------------------------------

    The Postal Service's Notice outlines the parameters of its newly 
announced discontinuance policy. Pursuant to the Postal Service's 
request, the Commission will fulfill its appellate responsibilities 
under 39 U.S.C. 404(d)(5).
    Categories of issues apparently raised. Petitioners contend that 
(1) 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)); and (2) 
the Postal Service failed to provide substantial evidence in support of 
the determination (see 39 U.S.C. 404(d)(5)(c)).

[[Page 1091]]

    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 on 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 on 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 23, 2012. 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 procedural schedule listed below is hereby adopted.
    2. Pursuant to 39 U.S.C. 505, Pamela A. Thompson 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 30, 2011.................................  Filing of Appeal.
December 15, 2011.................................  Deadline for the
                                                     Postal Service to
                                                     file the applicable
                                                     administrative
                                                     record in this
                                                     appeal.
December 15, 2011.................................  Deadline for the
                                                     Postal Service to
                                                     file any responsive
                                                     pleading.
January 23, 2012..................................  Deadline for notices
                                                     to intervene (see
                                                     39 CFR
                                                     3001.111(b)).
January 4, 2012...................................  Deadline for
                                                     Petitioners' Form
                                                     61 or initial brief
                                                     in support of
                                                     petition (see 39
                                                     CFR 3001.115(a) and
                                                     (b)).
January 24, 2012..................................  Deadline for
                                                     answering brief in
                                                     support of the
                                                     Postal Service (see
                                                     39 CFR
                                                     3001.115(c)).
February 8, 2012..................................  Deadline for reply
                                                     briefs in response
                                                     to answering briefs
                                                     (see 39 CFR
                                                     3001.115(d)).
February 15, 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. 2012-77 Filed 1-6-12; 8:45 am]
BILLING CODE 7710-FW-P
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