Proposed Post Office Structure Plan, 33788-33790 [2012-13775]
Download as PDF
<![CDATA[
33788
Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Notices
it can conduct a timely evaluation of the
change as part of the license amendment
review process, or submits information to the
NRC stating that it will restore the current
licensing basis (CLB).
• Either (1) the cause of the deviation was
not within the licensee’s control, such that
the change was not avoidable by reasonable
licensee quality assurance measures or
management controls, or (2) the licensee
placed the cause of the unplanned change in
its corrective action program to ensure
comprehensive corrective actions to address
the cause of the change to preclude
recurrence.
For similar issues not identified by the
licensee, the NRC may refrain from issuing
an NOV/NCV on a case-by-case basis
depending upon the circumstances of the
issue, such as whether the requirements were
clearly understood or should have been
understood at the time, the cause of the issue,
and why the licensee did not identify the
issue.
When the NRC determines that an
unplanned change during construction
associated with a violation of requirements
meets the criteria outlined above and the
licensee without delay submits the necessary
information for NRC evaluation, the
licensee’s continued failure to meet the
current licensing basis will not be treated as
a willful or continuing violation only while
the licensee prepares the license amendment
request and the NRC reviews the submittal.
(Note: If the NRC subsequently denies a
requested license amendment change, or if
the NRC requires additional measures to be
taken for the change to be considered
acceptable, then a separate NOV or order may
be issued to ensure appropriate corrective
actions are taken, including restoring the
configuration to the CLB).
The following two footnotes relating
to the new Section 3.9 were added:
The NRC may issue an enforcement action,
including consideration of willfulness, for
the cause of these unplanned changes, such
as a failure to implement appropriate work
controls or quality control measures, or a
failure to adhere to procedures, processes,
instructions, or standards that implement
NRC requirements. This enforcement may be
appropriate for the actions that led to the
CdC issue.
and
srobinson on DSK4SPTVN1PROD with NOTICES
NRC-identified violations that result in a
‘‘use as built’’ determination or that result in
an unplanned change (or both) will normally
be dispositioned as a cited, noncited, or
minor violation, whether or not the
unplanned change issue is resolved by a
subsequently approved license amendment.
9. Revisions to Section 6.0, ‘‘Violation
Examples’’
The following second paragraph was
added to the introduction of the section:
Many examples are written to reflect the
risks associated with the use of nuclear
materials. However, violations during
construction generally occur before the
nuclear material and its associated risk are
VerDate Mar<15>2010
17:48 Jun 06, 2012
Jkt 226001
present. Therefore, the NRC will consider the
lower risk significance of violations that
occur during construction in the areas of
emergency preparedness, reactor operator
licensing, and security and may reduce the
severity level for those violations from that
indicated by the examples in those areas. In
order to maintain consistent application, the
staff must coordinate with the Office of
Enforcement before applying this lower risk
significance concept for violations that occur
during construction.
The NRC staff recognizes that,
although certain requirements (i.e.,
those for emergency preparedness,
reactor operator licensing, and security)
apply generally during construction
activities, flexibility is needed to factor
in the lower risk associated with certain
violations that occur during
construction.
10. Revisions to Section 7.0, ‘‘Glossary’’
The glossary definition of ‘‘licensee’’
was revised to reflect the addition of
language to Section 1.2, ‘‘Applicability:’’
‘‘Licensee’’ means a person or entity
authorized to conduct activities under a
license issued by the Commission. However,
in most cases in the Policy, the term is
applied broadly to refer to any or all of
entities listed in Section 1.2, ‘‘Applicability.’’
Procedural Requirements
Paperwork Reduction Act Statement
This policy statement contains and
references new or amended information
collection requirements that are subject
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). These
information collections were approved
by the Office of Management and
Budget, approval number 3150–0136.
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection requirement
unless the requesting documents
displays a currently valid OMB control
number.
Congressional Review Act
In accordance with the Congressional
Review Act of 1996, the NRC has
determined that this action is not a
major rule and has verified this
determination with the Office of
Information and Regulatory Affairs of
OMB.
Dated at Rockville, Maryland, this 1st day
of June, 2012.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2012–13808 Filed 6–6–12; 8:45 am]
BILLING CODE 7590–01–P
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
POSTAL REGULATORY COMMISSION
[Docket No. N2012–2; Order No. 1361]
Proposed Post Office Structure Plan
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recently-filed Postal Service request for
an advisory opinion regarding its Post
Office Structure Plan. This document
invites public comments on the request
and addresses several related procedural
steps.
DATES:
Notices of intervention are due: June
18, 2012, 4:30 p.m. Eastern Time.
Hearing on the Postal Service’s direct
case: July 11, 2012, at 9:30 a.m.
(Commission hearing room, 901 New
York Ave. NW 20268–0001, Suite 200).
ADDRESSES: Submit notices of
intervention 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.
Persons interested in intervening 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: On May
25, 2012, the Postal Service filed a
request with the Commission for an
advisory opinion under 39 U.S.C. 3661
regarding its Post Office Structure Plan
(POStPlan) under which it intends to
examine and consider changes to
operating methods and conditions,
including hours of operation used to
provide retail and other services and
products at approximately 17,700 of the
more than 32,000 postal retail
locations.1
The Postal Service states that under
the POStPlan there is a ‘‘possibility that
the scope of the changes in service
* * * could be ‘substantially
nationwide,’ within the meaning of 39
U.S.C. 3661(b).’’ Id. at 2. The Postal
Service states that if it determines that
retail operations at facilities should be
discontinued, postal patrons would
SUMMARY:
1 United States Postal Service Request for an
Advisory Opinion on Changes in the Nature of
Postal Services, May 25, 2012, at 1 (Request).
E:\FR\FM\07JNN1.SGM
07JNN1
Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Notices
srobinson on DSK4SPTVN1PROD with NOTICES
have to obtain services at a different
postal facility or through alternate
access channels. Id.
The Postal Service has identified the
POStPlan as having the potential to
change service nationwide and has
asked for a Commission advisory
opinion. Under these circumstances, the
Commission shall provide an
opportunity for a hearing on the record
and provide a written opinion on the
POStPlan. 39 U.S.C. 3661(c).
Request. The Request is accompanied
by testimony from one witness, Jeffrey
C. Day (USPS–T–1), and five library
references.2
Witness Day, Manager, Retail
Operations, in the Office of Delivery and
Post Office Operations at Postal Service
Headquarters states that he has primary
responsibility for developing policies
and procedures relating to the day-today operations of post offices, opening
or closing of retail facilities, and
improving the customer experience.
USPS–T–1 at i.
In his testimony, witness Day
describes the current state of the Postal
Service’s retail network and recent
trends in customer behavior. Id. at 2–5.
He then compares the retail access and
services offered by the Postal Service
with actual retail activity. Id. at 5–9.
The testimony describes the POStPlan
as a Headquarters-initiated review of all
EAS Level 16 or below post offices by
examining workload. Id. at 11. Witness
Day explains that approximately 17,700
post offices will be examined under the
POStPlan.3 Id. Those post offices with an
Adjusted Earned Workload (AEWL) for
FY 2011 greater than 5.74 hours will be
categorized as EAS Level 18 or above.
Id. at 12. Those post offices with an
AEWL of 5.74 hours or fewer will be
categorized as either Remotely Managed
Post Offices (RMPOs) or Part-Time Post
Offices (PTPOs). Id. at 11.
Witness Day states that RMPOs will
be subject to realigned weekday window
service of 2, 4, or 6 hours per weekday,
depending upon workload. Id. at 12–13.
He explains that RMPOs realigned with
6 window service hours will be staffed
by a career employee, and RMPOs
realigned with 2 or 4 window service
hours will be staffed by a non-career
employee. He notes that RMPOs will
2 See Notice of United States Postal Service of
Filing of Initial Library References, May 25, 2012,
identifying and describing the library references
filed in support of the Postal Service’s direct case.
3 The post offices examined under the POStPlan
include all 17,728 EAS Level 16 or below post
offices that were operational as of the end of
FY2011. Witness Day explains that this number
includes post offices that have been suspended or
become non-operational since the close of FY2011,
but that those post offices will not be part of the
POStPlan. USPS–T–1 at 1 n.1.
VerDate Mar<15>2010
17:48 Jun 06, 2012
Jkt 226001
report to and be managed by a
postmaster located at a designated
Administrative Post Office (APO). Id. at
13.
Witness Day states that those post
offices that would otherwise qualify as
RMPOs will be classified as PTPOs if (1)
the post office is 25 or more driving
miles from the nearest post office, or (2)
the post office is outside a 25-mile
radius of the nearest APO. He explains
that PTPOs will be staffed by a career
employee for 6 hours of window service
each weekday, regardless of workload,
and will report to a district office rather
than an APO. Id. at 13–14.
Witness Day also states that the Postal
Service generally will not study for
discontinuance post offices that are part
of the POStPlan ‘‘unless the community
has a strong preference for
discontinuance * * *.’’ Id. at 15. For
post offices currently being studied for
discontinuance, the Postal Service will
hold the discontinuance process in
abeyance pending a determination of
whether to realign retail window hours.
Id. at 18. When the community
expresses a strong preference for one of
the alternative access means other than
realigned window service hours under
the POStPlan, the Postal Service will
proceed with a discontinuance study
utilizing the procedures set forth in
‘‘USPS Handbook PO–101.’’ 4
Witness Day states that, beginning in
September 2012, the Postal Service will
survey customers to solicit their
preferences for realigned window
service hours or a discontinuance study.
Id. at 17, 21. The Postal Service will
then review the surveys and hold a
community meeting to discuss the
survey results. If the Postal Service
determines to maintain the post office
with realigned retail hours, it will
consider feedback from the community
meeting to determine the time of day in
which retail window service will be
available and the timeline for
implementation. If the post office is not
continued with realigned window
service hours, the Postal Service will
likely study the facility for
discontinuance. Id. at 17–18.
The Request and all supporting public
materials are on file in the
Commission’s docket room for
inspection during regular business
hours, and are available on the
Commission’s Web site at https://
www.prc.gov.
4 Id. at 22–23; see 39 CFR part 241. Witness Day
notes that the discontinuance process has been
improved so that it now uses actual employee costs
based on historical data, includes detailed financial
information such as one-time costs not previously
accounted for, and captures more non-revenue
transactions. USPS–T–1 at 23–24.
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
33789
Timing. The Postal Service believes
that its filing satisfies the requirements
of 39 CFR 3001.72, which states that a
request for an advisory opinion must be
filed at least 90 days in advance of the
effective date of the proposed changes.
See Request at 10. Although witness
Day indicates that the Postal Service
will begin upgrading post offices
identified as APOs and those with an
AEWL of greater than 5.74 hours per
day to EAS Level 18 post offices in June
2012, he also states that ‘‘no reduction
in hours or discontinuance study
pursuant to POStPlan will occur until
more than 90 days after the filing of the
request for an advisory opinion with the
PRC.’’ USPS–T–1 at 21.
Further procedures. 39 U.S.C. 3661(c)
requires that the Commission afford an
opportunity for a formal, on-the-record
hearing of the Postal Service’s Request
under the terms specified in sections
556 and 557 of title 5 of the United
States Code before issuing its advisory
opinion. Based on its preliminary
review of the Request, the Commission
finds it appropriate to expedite the
proceeding. To facilitate expeditious
review of the matter, the Commission
expects parties to make judicious use of
discovery, discovery objections, and
motions’ practice. Every effort should be
made to confer to resolve disputes
informally.
All interested persons are hereby
notified that notices of intervention in
this proceeding shall be due on or
before June 18, 2012. See 39 CFR
3001.20 and 3001.20a. Consistent with
rule 20, each person filing a notice of
intervention shall, inter alia, specify the
nature of his/her interest and whether or
not he/she requests a hearing. See 39
CFR 3001.20. Discovery may be
propounded upon filing a notice of
intervention. Responses to discovery
shall be due within 7 days.
The procedural schedule shown
below the signature of this order will be
followed in this proceeding assuming
that no participant desires to present
rebuttal testimony. Participants who
wish to present rebuttal testimony must
notify the Commission of their intent to
file, and the nature of their rebuttal, by
July 11, 2012. Rebuttal testimony, if
requested, will be due July 18, 2012.
The balance of the procedural schedule
will be revised accordingly.
Public Representative. Section 3661(c)
of title 39 requires the participation of
an ‘‘officer of the Commission who shall
be required to represent the interests of
the general public.’’ Pursuant to 39
U.S.C. 505, Emmett Rand Costich is
designated to serve as the Public
Representative to represent the interests
of the general public in this proceeding.
E:\FR\FM\07JNN1.SGM
07JNN1
33790
Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Notices
Neither the Public Representative nor
any additional persons assigned to assist
the Public Representative shall
participate in or advise as to any
Commission decision in this
proceeding, other than in their
designated capacity.
It is ordered:
1. The Commission establishes Docket
No. N2012–2 to consider the Postal
Service Request referred to in the body
of this order.
2. The Commission will sit en banc in
this proceeding.
3. The procedural schedule for this
proceeding is set forth below the
signature of this order.
4. Pursuant to 39 U.S.C. 505, the
Commission appoints Emmett Rand
Costich to represent the interests of the
general public in this proceeding.
5. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Ruth Ann Abrams,
Acting Secretary.
PROCEDURAL SCHEDULE
June 18, 2012 ...........................................
June 28, 2012 ...........................................
July 2, 2012 ..............................................
July 11, 2012 ............................................
July
July
July
July
11,
18,
20,
27,
2012
2012
2012
2012
............................................
............................................
............................................
............................................
Notices of intervention.
Close of discovery on Postal Service direct case.
Notice of intent to conduct oral cross-examination.
Hearing on the Postal Service’s direct case (if requested) (9:30 a.m. in the Commission’s hearing
room).
Notice of intent to file rebuttal testimony.
Rebuttal testimony (if requested).
Filing of briefs (if no rebuttal testimony).
Filing of reply briefs (if no rebuttal testimony).
[FR Doc. 2012–13775 Filed 6–6–12; 8:45 am]
BILLING CODE 7710–FW–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
30092; File No. 812–14001]
Hennion & Walsh, Inc. and Smart
Trust; Notice of Application
May 31, 2012.
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of application for an
order under section 12(d)(1)(J) of the
Investment Company Act of 1940
(‘‘Act’’) for an exemption from sections
12(d)(1)(A), (B) and (C) of the Act, and
under sections 6(c) and 17(b) of the Act
for an exemption from section 17(a) of
the Act.
srobinson on DSK4SPTVN1PROD with NOTICES
AGENCY:
SUMMARY OF THE APPLICATION:
Applicants request an order that would
permit certain series of a unit
investment trust (‘‘UIT’’) registered
under the Act to acquire shares of
registered management investment
companies and unit investment trusts or
series thereof (the ‘‘Funds’’) both within
and outside the same group of
investment companies.
APPLICANTS: Hennion &Walsh, Inc. (the
‘‘Depositor’’) and Smart Trust (the
‘‘Trust’’).
Filing Date: The application was
filed on January 25, 2012.
HEARING OR NOTIFICATION OF HEARING: An
order granting the application will be
issued unless the Commission orders a
hearing. Interested persons may request
a hearing by writing to the
DATES:
VerDate Mar<15>2010
17:48 Jun 06, 2012
Jkt 226001
Commission’s Secretary and serving
applicants with a copy of the request,
personally or by mail. Hearing requests
should be received by the Commission
by 5:30 p.m. on June 25, 2012 and
should be accompanied by proof of
service on applicants in the form of an
affidavit or, for lawyers, a certificate of
service. Hearing requests should state
the nature of the writer’s interest, the
reason for the request, and the issues
contested. Persons who wish to be
notified of a hearing may request
notification by writing to the
Commission’s Secretary.
ADDRESSES: Elizabeth M. Murphy,
Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090;
Applicants: 2001 Route 46, Waterview
Plaza, Parsippany, NJ 07054.
FOR FURTHER INFORMATION CONTACT:
Laura J. Riegel, Senior Counsel, at (202)
551–6873, or Mary Kay Frech, at (202)
551–6821 (Office of Investment
Company Regulation, Division of
Investment Management).
SUPPLEMENTARY INFORMATION: The
following is a summary of the
application. The complete application
may be obtained via the Commission’s
Web site by searching for the file
number, or an applicant using the
Company name box, at https://
www.sec.gov/search/search.htm or by
calling (202) 551–8090.
Applicants’ Representations
1. The Trust is a UIT registered under
the Act.1 Each Series will be a series of
1 Applicants
request that the order also extend to
future registered UITs sponsored by the Depositor
or an entity controlling, controlled by or under
common control with the Depositor and their
respective series (the future UITs, together with the
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
a Trust and will offer units for sale to
the public (‘‘Units’’). Each Series will be
created pursuant to a trust agreement
which will incorporate by reference a
master trust agreement among the
Depositor, Hennion & Walsh Asset
Management, Inc, as supervisor, and a
financial institution that satisfies the
criteria in section 26(a) of the Act (the
‘‘Trustee’’). The Depositor is a broker
dealer registered under the Securities
Exchange Act of 1934 and member of
the Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’).
2. Applicants request relief to permit
a Series to invest in registered
investment companies or series thereof
(‘‘Funds’’) that are (a) part of the same
‘‘group of investment companies’’ (as
that term is defined in section
12(d)(1)(G) of the Act) as the Series
(‘‘Affiliated Funds’’), and (b) not part of
the same group of investment
companies as the Series (‘‘Unaffiliated
Funds’’). Each of the Funds will be
registered as a closed-end management
investment company (‘‘Closed-end
Fund’’), an open-end management
investment company (‘‘Open-end
Fund’’) or a UIT. An Unaffiliated Fund
that is a UIT is referred to as an
‘‘Unaffiliated Underlying Trust.’’ An
Unaffiliated Fund that is a Closed-end
Fund or Open-end Fund is referred to as
an ‘‘Unaffiliated Underlying Fund.’’
Certain of the Funds may be registered
as Open-end Funds or UITs, but have
received exemptive relief in order that
their shares may be traded at
Trust, are collectively the ‘‘Trusts’’ and the series
of the Trusts are the ‘‘Series’’). All existing entities
that currently intend to rely on the requested order
are named as applicants. Any other entity that relies
on the order in the future will comply with the
terms and conditions of the application.
E:\FR\FM\07JNN1.SGM
07JNN1
]]>Agencies
[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Notices]
[Pages 33788-33790]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13775]
=======================================================================
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
[Docket No. N2012-2; Order No. 1361]
Proposed Post Office Structure Plan
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission is noticing a recently-filed Postal Service
request for an advisory opinion regarding its Post Office Structure
Plan. This document invites public comments on the request and
addresses several related procedural steps.
DATES:
Notices of intervention are due: June 18, 2012, 4:30 p.m. Eastern
Time.
Hearing on the Postal Service's direct case: July 11, 2012, at 9:30
a.m. (Commission hearing room, 901 New York Ave. NW 20268-0001, Suite
200).
ADDRESSES: Submit notices of intervention 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. Persons interested in intervening 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: On May 25, 2012, the Postal Service filed a
request with the Commission for an advisory opinion under 39 U.S.C.
3661 regarding its Post Office Structure Plan (POStPlan) under which it
intends to examine and consider changes to operating methods and
conditions, including hours of operation used to provide retail and
other services and products at approximately 17,700 of the more than
32,000 postal retail locations.\1\
---------------------------------------------------------------------------
\1\ United States Postal Service Request for an Advisory Opinion
on Changes in the Nature of Postal Services, May 25, 2012, at 1
(Request).
---------------------------------------------------------------------------
The Postal Service states that under the POStPlan there is a
``possibility that the scope of the changes in service * * * could be
`substantially nationwide,' within the meaning of 39 U.S.C. 3661(b).''
Id. at 2. The Postal Service states that if it determines that retail
operations at facilities should be discontinued, postal patrons would
[[Page 33789]]
have to obtain services at a different postal facility or through
alternate access channels. Id.
The Postal Service has identified the POStPlan as having the
potential to change service nationwide and has asked for a Commission
advisory opinion. Under these circumstances, the Commission shall
provide an opportunity for a hearing on the record and provide a
written opinion on the POStPlan. 39 U.S.C. 3661(c).
Request. The Request is accompanied by testimony from one witness,
Jeffrey C. Day (USPS-T-1), and five library references.\2\
---------------------------------------------------------------------------
\2\ See Notice of United States Postal Service of Filing of
Initial Library References, May 25, 2012, identifying and describing
the library references filed in support of the Postal Service's
direct case.
---------------------------------------------------------------------------
Witness Day, Manager, Retail Operations, in the Office of Delivery
and Post Office Operations at Postal Service Headquarters states that
he has primary responsibility for developing policies and procedures
relating to the day-to-day operations of post offices, opening or
closing of retail facilities, and improving the customer experience.
USPS-T-1 at i.
In his testimony, witness Day describes the current state of the
Postal Service's retail network and recent trends in customer behavior.
Id. at 2-5. He then compares the retail access and services offered by
the Postal Service with actual retail activity. Id. at 5-9. The
testimony describes the POStPlan as a Headquarters-initiated review of
all EAS Level 16 or below post offices by examining workload. Id. at
11. Witness Day explains that approximately 17,700 post offices will be
examined under the POStPlan.\3\ Id. Those post offices with an Adjusted
Earned Workload (AEWL) for FY 2011 greater than 5.74 hours will be
categorized as EAS Level 18 or above. Id. at 12. Those post offices
with an AEWL of 5.74 hours or fewer will be categorized as either
Remotely Managed Post Offices (RMPOs) or Part-Time Post Offices
(PTPOs). Id. at 11.
---------------------------------------------------------------------------
\3\ The post offices examined under the POStPlan include all
17,728 EAS Level 16 or below post offices that were operational as
of the end of FY2011. Witness Day explains that this number includes
post offices that have been suspended or become non-operational
since the close of FY2011, but that those post offices will not be
part of the POStPlan. USPS-T-1 at 1 n.1.
---------------------------------------------------------------------------
Witness Day states that RMPOs will be subject to realigned weekday
window service of 2, 4, or 6 hours per weekday, depending upon
workload. Id. at 12-13. He explains that RMPOs realigned with 6 window
service hours will be staffed by a career employee, and RMPOs realigned
with 2 or 4 window service hours will be staffed by a non-career
employee. He notes that RMPOs will report to and be managed by a
postmaster located at a designated Administrative Post Office (APO).
Id. at 13.
Witness Day states that those post offices that would otherwise
qualify as RMPOs will be classified as PTPOs if (1) the post office is
25 or more driving miles from the nearest post office, or (2) the post
office is outside a 25-mile radius of the nearest APO. He explains that
PTPOs will be staffed by a career employee for 6 hours of window
service each weekday, regardless of workload, and will report to a
district office rather than an APO. Id. at 13-14.
Witness Day also states that the Postal Service generally will not
study for discontinuance post offices that are part of the POStPlan
``unless the community has a strong preference for discontinuance * *
*.'' Id. at 15. For post offices currently being studied for
discontinuance, the Postal Service will hold the discontinuance process
in abeyance pending a determination of whether to realign retail window
hours. Id. at 18. When the community expresses a strong preference for
one of the alternative access means other than realigned window service
hours under the POStPlan, the Postal Service will proceed with a
discontinuance study utilizing the procedures set forth in ``USPS
Handbook PO-101.'' \4\
---------------------------------------------------------------------------
\4\ Id. at 22-23; see 39 CFR part 241. Witness Day notes that
the discontinuance process has been improved so that it now uses
actual employee costs based on historical data, includes detailed
financial information such as one-time costs not previously
accounted for, and captures more non-revenue transactions. USPS-T-1
at 23-24.
---------------------------------------------------------------------------
Witness Day states that, beginning in September 2012, the Postal
Service will survey customers to solicit their preferences for
realigned window service hours or a discontinuance study. Id. at 17,
21. The Postal Service will then review the surveys and hold a
community meeting to discuss the survey results. If the Postal Service
determines to maintain the post office with realigned retail hours, it
will consider feedback from the community meeting to determine the time
of day in which retail window service will be available and the
timeline for implementation. If the post office is not continued with
realigned window service hours, the Postal Service will likely study
the facility for discontinuance. Id. at 17-18.
The Request and all supporting public materials are on file in the
Commission's docket room for inspection during regular business hours,
and are available on the Commission's Web site at https://www.prc.gov.
Timing. The Postal Service believes that its filing satisfies the
requirements of 39 CFR 3001.72, which states that a request for an
advisory opinion must be filed at least 90 days in advance of the
effective date of the proposed changes. See Request at 10. Although
witness Day indicates that the Postal Service will begin upgrading post
offices identified as APOs and those with an AEWL of greater than 5.74
hours per day to EAS Level 18 post offices in June 2012, he also states
that ``no reduction in hours or discontinuance study pursuant to
POStPlan will occur until more than 90 days after the filing of the
request for an advisory opinion with the PRC.'' USPS-T-1 at 21.
Further procedures. 39 U.S.C. 3661(c) requires that the Commission
afford an opportunity for a formal, on-the-record hearing of the Postal
Service's Request under the terms specified in sections 556 and 557 of
title 5 of the United States Code before issuing its advisory opinion.
Based on its preliminary review of the Request, the Commission finds it
appropriate to expedite the proceeding. To facilitate expeditious
review of the matter, the Commission expects parties to make judicious
use of discovery, discovery objections, and motions' practice. Every
effort should be made to confer to resolve disputes informally.
All interested persons are hereby notified that notices of
intervention in this proceeding shall be due on or before June 18,
2012. See 39 CFR 3001.20 and 3001.20a. Consistent with rule 20, each
person filing a notice of intervention shall, inter alia, specify the
nature of his/her interest and whether or not he/she requests a
hearing. See 39 CFR 3001.20. Discovery may be propounded upon filing a
notice of intervention. Responses to discovery shall be due within 7
days.
The procedural schedule shown below the signature of this order
will be followed in this proceeding assuming that no participant
desires to present rebuttal testimony. Participants who wish to present
rebuttal testimony must notify the Commission of their intent to file,
and the nature of their rebuttal, by July 11, 2012. Rebuttal testimony,
if requested, will be due July 18, 2012. The balance of the procedural
schedule will be revised accordingly.
Public Representative. Section 3661(c) of title 39 requires the
participation of an ``officer of the Commission who shall be required
to represent the interests of the general public.'' Pursuant to 39
U.S.C. 505, Emmett Rand Costich is designated to serve as the Public
Representative to represent the interests of the general public in this
proceeding.
[[Page 33790]]
Neither the Public Representative nor any additional persons assigned
to assist the Public Representative shall participate in or advise as
to any Commission decision in this proceeding, other than in their
designated capacity.
It is ordered:
1. The Commission establishes Docket No. N2012-2 to consider the
Postal Service Request referred to in the body of this order.
2. The Commission will sit en banc in this proceeding.
3. The procedural schedule for this proceeding is set forth below
the signature of this order.
4. Pursuant to 39 U.S.C. 505, the Commission appoints Emmett Rand
Costich to represent the interests of the general public in this
proceeding.
5. The Secretary shall arrange for publication of this order in the
Federal Register.
By the Commission.
Ruth Ann Abrams,
Acting Secretary.
Procedural Schedule
------------------------------------------------------------------------
------------------------------------------------------------------------
June 18, 2012..................................... Notices of
intervention.
June 28, 2012..................................... Close of discovery
on Postal Service
direct case.
July 2, 2012...................................... Notice of intent to
conduct oral cross-
examination.
July 11, 2012..................................... Hearing on the
Postal Service's
direct case (if
requested) (9:30
a.m. in the
Commission's
hearing room).
July 11, 2012..................................... Notice of intent to
file rebuttal
testimony.
July 18, 2012..................................... Rebuttal testimony
(if requested).
July 20, 2012..................................... Filing of briefs (if
no rebuttal
testimony).
July 27, 2012..................................... Filing of reply
briefs (if no
rebuttal
testimony).
------------------------------------------------------------------------
[FR Doc. 2012-13775 Filed 6-6-12; 8:45 am]
BILLING CODE 7710-FW-P
