Post Office Closing, 1755-1757 [2012-287]
Download as PDF
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices
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 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
1755
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, Manon
A. Boudreault 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
December 9, 2011 ....................................
December 27, 2011 ..................................
December 27, 2011 ..................................
January 23, 2012 ......................................
January 13, 2012 ......................................
February 2, 2012 ......................................
February 17, 2012 ....................................
February 24, 2012 ....................................
March 30, 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. 2012–285 Filed 1–10–12; 8:45 am]
Procedural Schedule in the
BILLING CODE 7710–FW–P
SUPPLEMENTARY INFORMATION
POSTAL REGULATORY COMMISSION
[Docket No. A2012–98; Order No. 1086]
Post Office Closing
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
This document informs the
public that an appeal of the closing of
the Halsey, Nebraska 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 20, 2012, 4:30 p.m.,
Eastern Time: Deadline for initial brief
in support of the petition.
February 9, 2012, 4:30 p.m., Eastern
Time: Deadline for answering brief in
support of the Postal Service. See the
pmangrum on DSK3VPTVN1PROD with NOTICES
SUMMARY:
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15:02 Jan 10, 2012
Jkt 226001
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/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), the Commission received two
petitions for review of the Postal
Service’s determination to close the
ADDRESSES:
PO 00000
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Fmt 4703
Sfmt 4703
Halsey post office in Halsey, Nebraska.
The first petition for review received
December 16, 2011, was filed by Lynn
Frodsham. The second petition for
review received December 21, 2011, was
filed by Mic Coffman. The earliest
postmark date is December 9, 2011. The
Commission hereby institutes a
proceeding under 39 U.S.C. 404(d)(5)
and establishes Docket No. A2012- 98 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 20,
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
E:\FR\FM\11JAN1.SGM
11JAN1
1756
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices
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 the effect of
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)); and (3)
the Postal Service failed to provide
substantial evidence in support of the
determination (see 39 U.S.C.
404(d)(5)(c)).
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://
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,
Christopher Laver 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
December 16, 2011 ..................................
January 3, 2012 ........................................
January 3, 2012 ........................................
January 23, 2012 ......................................
January 20, 2012 ......................................
pmangrum on DSK3VPTVN1PROD with NOTICES
February 9, 2012 ......................................
February 24, 2012 ....................................
March 2, 2012 ...........................................
April 6, 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)).
1 United States Postal Service Notice of Status of
the Moratorium on Post Office Discontinuance
Actions, December 15, 2011, (Notice).
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15:02 Jan 10, 2012
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11JAN1
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
[FR Doc. 2012–287 Filed 1–10–12; 8:45 am]
BILLING CODE 7710–FW–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–66103; File No. SR–ISE–
2011–85]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Relating to a Market Maker
Incentive Plan for Foreign Currency
Options
January 5, 2012.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on December
28, 2011, the International Securities
Exchange, LLC (the ‘‘ISE’’ or the
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the self-regulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The ISE is proposing to extend an
incentive plan for market makers in a
number of foreign currency options
(‘‘FX Options’’) traded on the Exchange.
The text of the proposed rule change is
available on the Exchange’s Web site
(https://www.ise.com), at the principal
office of the Exchange, and at the
Commission’s Public Reference Room.
pmangrum on DSK3VPTVN1PROD with NOTICES
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of these statements may be examined at
the places specified in Item IV below.
The self-regulatory organization has
prepared summaries, set forth in
sections A, B and C below, of the most
significant aspects of such statements.
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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15:02 Jan 10, 2012
Jkt 226001
1. Purpose
The purpose of this proposed rule
change is to extend an incentive plan for
market makers in options on the New
Zealand dollar (‘‘NZD’’), the Mexican
peso (‘‘PZO’’), the Swedish krona
(‘‘SKA’’), the Brazilian real (‘‘BRB’’), the
Australian dollar (‘‘AUX’’), the British
pound (‘‘BPX’’), the Canadian dollar
(‘‘CDD’’), the euro (‘‘EUI’’), the Japanese
yen (‘‘YUK’’) and the Swiss franc
(‘‘SFC’’).3 On August 3, 2009, the
Exchange adopted an incentive plan
applicable to market makers in NZD,
PZO and SKA,4 and on January 19,
2010, added BRB to the incentive plan,5
and on March 1, 2011, added AUX,
BPX, CDD, EUI, YUK and SFC 6 to the
incentive plan. The Exchange has since
extended the date by which market
makers may join the incentive plan 7
and now proposes to do so again.
In order to promote trading in these
FX Options, the Exchange has an
incentive plan pursuant to which the
Exchange waives the transaction fees for
the Early Adopter 8 FXPMM 9 and all
Early Adopter FXCMMs 10 that make a
market in NZD, PZO SKA, BRB, AUX,
BPX, CDD, EUI, YUK and SFC for as
long as the incentive plan is in effect.
Further, pursuant to a revenue sharing
3 The Commission previously approved the
trading of options on NZD, PZO, SKA, BRB, AUX,
BPX, CDD, EUI, YUK and SFC. See Securities
Exchange Act Release No. 55575 (April 3, 2007), 72
FR 17963 (April 10, 2007) (SR–ISE–2006–59).
4 See Securities Exchange Act Release No. 60536
(August 19, 2009), 74 FR 43204 (August 26, 2009)
(SR–ISE–2009–59).
5 See Securities Exchange Act Release No. 61459
(February 1, 2010), 75 FR 6248 (February 8, 2010)
(SR–ISE–2010–07).
6 See Securities Exchange Act Release No. 64012
(March 2, 2011), 76 FR 12778 (March 8, 2011) (SR–
ISE–2011–11).
7 See Securities Exchange Act Release Nos. 60810
(October 9, 2009), 74 FR 53527 (October 19, 2009)
(SR–ISE–2009–80), 61334 (January 12, 2010), 75 FR
2913 (January 19, 2010) (SR–ISE–2009–115), 61851
(April 6, 2010), 75 FR 18565 (April 12, 2010) (SR–
ISE–2010–27), 62503 (July 15, 2010), 75 FR 42812
(July 22, 2010) (SR–ISE–2010–71), 36045 (October
5, 2010), 75 FR 62900 (October 13, 2010) (SR–ISE–
2010–100), 63639 (January 4, 2011), 76 FR 1488
(January 10, 2011) (SR–ISE–2010–121), 64202
(April 6, 2011), 76 FR 20431 (April 12, 2011) (SR–
ISE–2011–16), 64861 (July 12, 2011), 76 FR 42145
(July 18, 2011) (SR–ISE–2011–38); and 65530
(October 11, 2011), 76 FR 64136 (October 17, 2011)
(SR–ISE–2011–66).
8 Participants in the incentive plan are known on
the Exchange’s Schedule of Fees as Early Adopter
Market Makers.
9 A FXPMM is a primary market maker selected
by the Exchange that trades and quotes in FX
Options only. See ISE Rule 2213.
10 A FXCMM is a competitive market maker
selected by the Exchange that trades and quotes in
FX Options only. See ISE Rule 2213.
PO 00000
Frm 00093
Fmt 4703
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1757
agreement entered into between an
Early Adopter Market Maker and ISE,
the Exchange pays the Early Adopter
FXPMM forty percent (40%) of the
transaction fees collected on any
customer trade in NZD, PZO SKA, BRB,
AUX, BPX, CDD, EUI, YUK and SFC
and pays up to ten (10) Early Adopter
FXCMMs that participate in the
incentive plan twenty percent (20%) of
the transaction fees collected for trades
between a customer and that FXCMM.
Market makers that do not participate in
the incentive plan are charged regular
transaction fees for trades in these
products. In order to participate in the
incentive plan, market makers are
currently required to enter into the
incentive plan no later than December
30, 2011. The Exchange now proposes
to extend the date by which market
makers may enter into the incentive
plan to March 30, 2012.
2. Basis
The Exchange believes that the
proposed rule change is consistent with
the objectives of Section 6 of the Act,11
in general, and furthers the objectives of
Section 6(b)(4),12 in particular, in that it
is designed to provide for the equitable
allocation of reasonable dues, fees and
other charges among its members and
other persons using its facilities.
The Exchange believes the proposed
rule change is equitable as it will permit
all market makers to explore the
opportunity to join the incentive plan
for an additional three months. The
Exchange believes the proposed rule
change is reasonable because the
extension of the incentive plan for three
months will permit additional market
makers to join the incentive plan which
in turn will generate additional order
flow to the Exchange by creating
incentives to trade these FX Options as
well as defray operational costs for Early
Adopter Market Makers.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The proposed rule change does not
impose any burden on competition that
is not necessary or appropriate in
furtherance of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange has not received any
11 15
12 15
E:\FR\FM\11JAN1.SGM
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
11JAN1
Agencies
[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1755-1757]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-287]
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
[Docket No. A2012-98; Order No. 1086]
Post Office Closing
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This document informs the public that an appeal of the closing
of the Halsey, Nebraska 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 20, 2012, 4:30 p.m., Eastern Time: Deadline for initial
brief in support of the petition.
February 9, 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 Halsey post office in
Halsey, Nebraska. The first petition for review received December 16,
2011, was filed by Lynn Frodsham. The second petition for review
received December 21, 2011, was filed by Mic Coffman. The earliest
postmark date is December 9, 2011. The Commission hereby institutes a
proceeding under 39 U.S.C. 404(d)(5) and establishes Docket No. A2012-
98 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 20, 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
[[Page 1756]]
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 the effect of 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)); and (3) the Postal Service failed to
provide substantial evidence in support of the determination (see 39
U.S.C. 404(d)(5)(c)).
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, Christopher Laver 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
------------------------------------------------------------------------
------------------------------------------------------------------------
December 16, 2011................................. Filing of Appeal.
January 3, 2012................................... Deadline for the
Postal Service to
file the applicable
administrative
record in this
appeal.
January 3, 2012................................... 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 20, 2012.................................. Deadline for
Petitioners' Form
61 or initial brief
in support of
petition (see 39
CFR 3001.115(a) and
(b)).
February 9, 2012.................................. Deadline for
answering brief in
support of the
Postal Service (see
39 CFR
3001.115(c)).
February 24, 2012................................. Deadline for reply
briefs in response
to answering briefs
(see 39 CFR
3001.115(d)).
March 2, 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).
April 6, 2012..................................... Expiration of the
Commission's 120-
day decisional
schedule (see 39
U.S.C. 404(d)(5)).
------------------------------------------------------------------------
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[FR Doc. 2012-287 Filed 1-10-12; 8:45 am]
BILLING CODE 7710-FW-P