Notice2024-25997
Complaint Proceeding
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 8, 2024
Issuing agencies
Postal Regulatory Commission
Abstract
The Commission is acknowledging a document opening a proceeding to consider issues related to the classification of Catherine Commons as a dormitory or residence hall. This document takes other administrative steps.
Full Text
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<title>Federal Register, Volume 89 Issue 217 (Friday, November 8, 2024)</title>
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[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Page 88823]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25997]
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POSTAL REGULATORY COMMISSION
[Docket No. C2024-21; Order No. 7884]
Complaint Proceeding
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is acknowledging a document opening a
proceeding to consider issues related to the classification of
Catherine Commons as a dormitory or residence hall. This document takes
other administrative steps.
ADDRESSES: Documents are available electronically via the Commission's
Filing Online system at <a href="https://www.prc.gov">https://www.prc.gov</a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Ordering Paragraphs
I. Background
Complainants and their affiliates own and operate Catherine
Commons, a newly developed four-building complex located in Ithaca, New
York. Complainants assert that the Postal Service has unduly or
unreasonably discriminated against Catherine Commons in violation of 39
U.S.C. 403(c) by misclassifying it as a dormitory rather than an
apartment community. Classification as a dormitory allows the Postal
Service to deliver mail in bulk rather than to apartment-type
mailboxes, and places responsibility on the building owner for final
delivery of mail. Pursuant to 39 U.S.C. 3662(b), the Commission
concludes that Complainants have made sufficient allegations that there
may be no rational or legitimate basis for classifying Catherine
Commons as a dormitory or residence hall and that there are outstanding
issues of fact to resolve whether the Postal Service has violated 39
U.S.C. 403(c). The Order grants the Postal Service's Motion to Dismiss
on all remaining substantive grounds.\1\
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\1\ See United States Postal Service Motion to Dismiss,
September 17, 2024 (Motion to Dismiss).
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The Commission appoints a presiding officer to preside over the
conduct of the proceedings, including scheduling, discovery, potential
hearings, and briefing in this matter. The Commission finds good cause
to waive the appointment of an officer of the Commission designated to
represent the interests of the general public in this proceeding as
required by 39 CFR 3022.30(c) because the violations alleged in the
Complaint pertain solely to Complainants, who are represented by
counsel, rather than the general public.
II. Ordering Paragraphs
It is ordered:
1. The Commission finds that the Complaint of Cook-Coll, LLC and
Coll-Cath Associates, LLC, filed August 28, 2024, raises material
issues of fact.
2. The United States Postal Service's Motion to Dismiss the
Complaint of Cook-Coll, LLC and Coll-Cath Associates, LLC, filed
September 17, 2024, is denied on the grounds that the Complaint of
Cook-Coll, LLC and Coll-Cath Associates, LLC, filed August 28, 2024,
failed to include the certification required by 39 CFR 3022.10(a)(9).
3. The United States Postal Service's Motion to Dismiss the
Complaint of Cook-Coll, LLC and Coll-Cath Associates, LLC, filed
September 17, 2024, is granted on all remaining grounds except for the
claim related to the alleged violation of 39 U.S.C. 403(c).
4. Pursuant to 39 CFR 3010.106, the Commission appoints Laura K.
Koepnick as a presiding officer in this proceeding.
5. The Secretary shall arrange for publication of this Order, or
abstract thereof, in the Federal Register.
By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2024-25997 Filed 11-7-24; 8:45 am]
BILLING CODE P
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</html>Indexed from Federal Register on November 8, 2024.
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