[Federal Register Volume 63, Number 247 (Thursday, December 24, 1998)]
[Proposed Rules]
[Page 71251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33927]
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POSTAL RATE COMMISSION
39 CFR Part 3001
[Docket No. A99-1; Order No. 1222]
Appeal of Post Office Closing
AGENCY: Postal Rate Commission.
ACTION: Notice of Docket No. A99-1.
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SUMMARY: This document addresses matters related to the establishment
of a docket to consider an objection to the closing of an Encinitas, CA
post office. It identifies likely legal issues and establishes a
procedural schedule.
DATES: See Supplementary Information section for dates.
ADDRESSES: Correspondence should be addressed to Margaret P. Crenshaw,
Secretary, Postal Rate Commission, 1333 H Street, NW., Suite 300,
Washington, DC 20268-0001.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
(202) 789-6820.
SUPPLEMENTARY INFORMATION: On December 16, 1998, the Commission issued
a notice and order (No. 1222) accepting an appeal (as Docket No. A99-1)
and establishing a procedural schedule under 39 U.S.C. 404(b)(5). The
affected post office is Encinitas, CA 92024. The name of the petitioner
is Ida Lou Coley. The petitioner objects to the closing of the
referenced post office. Petitioner filed the appeal on November 18,
1998. The categories of issues apparently raised are the effect on the
community [39 U.S.C. 404(b)(2)(A)] and the effect on postal services
[39 U.S.C. 404(b)(2)(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, the Commission may find
that the Postal Service's determination disposes of one or more of
those issues.
Scheduling matters. The Postal Reorganization Act requires that the
Commission issue its decision within 120 days from the date this appeal
was filed (39 U.S.C. 404(b)(5)). The procedural schedule has been
developed to accommodate the Commission's delay in publication of the
initial notice and order in this docket. In the interest of expedition,
in light of the 120-day decision schedule, the Commission may request
the Postal Service to submit memoranda of law on any appropriate issue.
If requested, such memoranda will be due 20 days from the issuance of
the request and the Postal Service shall serve a copy of its memoranda
on the petitioner. The Postal Service may incorporate by reference in
its briefs or motions, any arguments presented in memoranda it
previously filed in this docket. If necessary, the Commission also may
ask petitioner or the Postal Service for more information.
The Commission orders the Postal Service to file the record in this
appeal by December 23, 1998. Additonal dates in the procedural schedule
(apart from those noted elsewhere in this notice) are: January 4, 1999:
last day for filing petitions to intervene [see 39 CFR 3001.111(b)];
January 14, 1999 (petitioner's participant statement or initial brief
[see 39 CFR 3001.115(a) and (b)]); February 3, 1999: Postal Service's
answering brief [see 39 CFR 3001.115(c)]; February 17, 1999:
petitioner's reply brief should petitioner choose to file one [see 39
CFR 3001.115(d)]; February 24, 1999: 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 18, 1999: expiration of Commission's 120-day
decisional schedule [see 39 U.S.C. 404(b)(5)].
Dated: December 17, 1998.
Margaret P. Crenshaw,
Secretary.
[FR Doc. 98-33927 Filed 12-23-98; 8:45 am]
BILLING CODE 7710-FW-P
